FEDERAL REGISTER VOLUME 35 • NUMBER 10 Thursday, January 15,1970 • Washington, D.C. Pages 523-574

Agencies in this is s u e r Agriculture Department Civil Aeronautics Board Civii Service Commission Coast Guard Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Resei've System Fish and Wildlife Service Food and Drug Administration Indian Affairs Bureau Interstate Commerce Commission Labor Department Land Management Bureau Mines Bureau National Park Service Water Resources Council Current White House Releases

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AGRICULTURE DEPARTMENT FEDERAL MARITIME HEALTH, EDUCATION, AND See also Consumer and Marketing COMMISSION WELFARE DEPARTMENT Service. Notices See Food and Drug Administra­ tion. Notices Agreements filed; Meat import limitations; first Knutsen Line et al------— 554 quarterly estimates------551 Spain/UJ3. North Atlantic INDIAN AFFAIRS BUREAU Westbound Freight Confer­ Rules and Regulations CIVIL AERONAUTICS BOARD ence ______- — 554 Off-reservation treaty fishing; ex­ Proposed Rule Making FEDERAL POWER COMMISSION tension of temporary identifica­ Air taxi operators and supplemen­ Notices tion cards______532 tal air carriers; liability insur­ Public contracts and property ance ______— ------540 Hearings, etc.: management; designation of Great Lakes Gas Transmission contracting officer positions 533 CIVIL SERVICE COMMISSION Co. et al ------»— 555 Michigan Wisconsin Pipe Line INTERIOR DEPARTMENT Rules and Regulations C o ______556 Excepted serv ice; tem p o rary Transwestem Pipeline Co------556 See Fish and Wildlife Service; In­ boards and commissions------527 Union Electric Co— „------557 dian Affairs Bureau; Land Man­ Western Gas Interstate Co------557 agement Bureau; Mines Bureau; Notices Wood, McShane & Thams—Col­ National Park Service. Professors, Naval Postgraduate orado ______— 558 School, Monterey, Calif.; man­ INTERSTATE COMMERCE power shortage------— ------552 FEDERAL RESERVE SYSTEM Rules and Regulations COMMISSION COAST GUARD Advances and discounts by Fed­ Rules and Regulations Rules and Regulations eral Reserve banks; eligibility Transportation of household goods Drawbridge operation; Lake for discount of mortgage com­ in interstate or foreign com­ Worth (Intracoastal Water­ pany notes------527 merce; services, tariffs, and way) , Fla______532 Certain bank borrowings classi­ charges______537 fied as deposits—------528 Proposed Rule Making CONSUMER AND MARKETING Interest on deposits; Federal funds transactions------528 Uniform system of accounts for SERVICE Notices railroad companies; extension Rules and Regulations Applications for approval of ac­ of time______545 Oranges, Navel, grown in Arizona quisition of shares of banks: Notices Barnett Banks of Florida, Inc— 558 and California; handling limi­ Fourth section application for tation ______527 City National Corp------558 Central Banking System, Inc.; re lief______572 Motor carrier, broker, water car­ CUSTOMS BUREAU approval of acquisition of bank stock by bank holding com­ rier, and freight forwarder Rules and Regulations pany ______558 applications______559 Special classes of merchandise; Jefferson Bancorp, Inc.; approval Motor carrier transfer proceed­ importation of certain kinds of of application under Bank ings ______— 572 wildlife or eggs thereof______531 Holding Company Act------559 LABOR DEPARTMENT FISH AND WILDLIFE SERVICE FEDERAL AVIATION Rules and Regulations Rules and Regulations ADMINISTRATION Miscellaneous amendments to Rules and Regulations Sport fishing; subtitle______532 Bear River Migratory Bird Ref­ Southern Rhodesia; aviation sanc­ uge, Utah------537 tions ______529 Mark Twain National Wildlife LAND MANAGEMENT BUREAU Refuge, Illinois, Iowa, and Rules and Regulations fed eral communications Missouri ------537 California; public land order------533 COMMISSION FOOD AND DRUG Notices Rules and Regulations ADMINISTRATION Arizona; proposed classification of FM broadcast stations; table of as­ Rules and Regulations signments, Bay Shore, N.Y____ 533 public lands for transfer out of Cheese, low sodium Cheddar and Federal ownership------549 Proposed Rule Making colby; identity standards— .— 530 Nevada; classification of public Government space research earth Drugs; combination drug contain­ lands for multiple use manage­ stations; limited access to cer­ ing cycloserine and isoniazid— 531 ment ______i ----- 549 tain frequency band______543 Pesticide chemical tolerances and Nevada and California; modifica­ Radio broadcast services; seven food additives; trifluralin------530 tion of grazing districts— ------550 New Mexico; modification of graz­ day rule______544 Notices Notices ing districts; correction----- — 550 Establishment of temporary toler­ Oregon; proposed classification of Common carrier services informa­ ances for pesticide chemicals: public lands for multiple use tion; domestic public radio serv­ 3-(4-Bromo-3-chlorophenyl) -1- management —------:------— 550 ices applications accepted for methoxy-l-methylurea _— - 552 (Continued on next page) filing ______552 Malathion :—______552 525 526 CONTENTS

MINES BUREAU TRANSPORTATION DEPARTMENT Proposed Rule Making See Coast Guard; Federal Avia­ Health and safety regulations; tion Administration. notification of accidents, in­ juries, and other events______539 TREASURY DEPARTMENT NATIONAL PARK SERVICE See Customs Bureau. Notices Authority delegations: WATER RESOURCES COUNCIL Administrative Officer and Gen­ Rules and Regulations eral Supply Specialist, Glen Canyon National Recreation Organization; executive officers; Area, Ariz______551 correction •:______529 Administrative Officer and Pro­ Proposed Rule Making curement and Proprety Man­ agement Officer, Seattle Clus­ Grants to States for water and ter, Northwest Region______551 related land resources planning. 545

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

5 CFR 19 CFR 41 CFR 213_____ 527 12_____ 531 14H-1---- 533 21 CFR 7 CFR 43 CFR 19______530 P ublic L and Order: 907______527 120____ 121____ eon 3529 (revoked in part by PLO 148d_\__ j?oi 4761) ______— 533 12 CFR M1 4761______533 201______527 25 CFR 204______528 47 CFR 256__ ;__ 532 217 (2 documents)______528 73______533 29 CFR P roposed R u l e s : 14 CFR 8____ 532 2_. 543 Ch. I______529 20______532 73. 544 543 P roposed R u l e s : 26______532 74. 40______532 208______540 49 CFR 298______540 30 CFR 1056______537 18 CFR P roposed R u l e s : P roposed R u l e s : 58______539 1201__ ___;___ 545 701_____ 529 P roposed R u l e s : 33 CFR 50 CFR 703____ 545 117_____ 532 33 (2 documents) 537 527 Rules and Regulations

as hereinafter provided, will tend to ef­ Title 5— ADMINISTRATIVE fectuate the declared policy of the act. Title 12— BANKS AND BANKING (2) It is hereby further found that itChapter II— Federal Reserve System PERSONNEL is impracticable and contrary to the public interest to give preliminary notice, SUBCHAPTER A— BOARD OF GOVERNORS OF Chapter I— Civil Service Commission engage in public rule-making procedure, THE FEDERAL RESERVE SYSTEM PART 213— EXCEPTED SERVICE and postpone the effective date of this [Reg. A] section until 30 days after publication Temporary Boards and Commissions hereof in the F ederal R egister (5 U.S.C. PART 201— ADVANCES AND DIS­ 553) because the time intervening be­ COUNTS BY FEDERAL RESERVE Section 213.3199 is amended to show tween the date when information upon BANKS that not to exceed 30 positions at GS-15 which this section is based became avail­ and below on the staff of the National able and the time when this section must Eligibility for Discount of Mortgage Commission on Consumer Finance are become effective in order to effectuate Company Notes excepted under Schedule A until March the declared policy of the act is insuffi­ 31, 1971. Effective on publication in the § 201.109 Eligibility for discount of cient, and a reasonable time is permitted, mortgage company notes. F ederal R egister, paragraph (f) is under the circumstances, for preparation added to § 213.3199 as set out below. for such effective time; and good cause (a) The question has arisen whether § 213i3199 Temporary boards and com­ exists for making the provisions hereof notes issued by mortgage banking com­ missions. effective as hereinafter set forth. The panies to finance their acquisition and * * * * * committee held an open meeting during temporary holding of real estate mort­ gages are eligible for discount by Re­ (f) National Commission on Con­ the current week, after giving due notice thereof, to consider supply and market serve Banks. sumer Finance. (1) Until March 31,1971, (b) Under section 13 of the Federal not to exceed 30 positions at GS-15 and conditions for Navel oranges and the need for regulation; interested persons Reserve Act the Board has authority to below on the staff of the National Com­ define what are “agricultural, indus­ mission. , were afforded an opportunity to submit information and views at this meeting; trial, or commercial purposes”, which is (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954-58 the recommendation and supporting in­ the statutory criterion for determining Comp., p. 218) formation for regulation during the pe­ the eligibility of notes and drafts for U nited S tates Civil S erv­ riod specified herein were promptly sub­ discount. However, such definition may ice Commission, mitted to the Department after such not include paper “covering merely in­ [seal] J ames C. S pr y , meeting was held; the provisions of this vestments or issued or drawn for the Executive Assistant to section, including its effective time, are purpose of carrying or trading in stocks, the Commissioners. identical with the aforesaid recommen­ bonds, or other investment securities”. (c) The legislative history of section [F.R. Doc. 70-558; Filed, Jan. 14, 1970; dation of the committee, and informa­ 8:48 a.m.] tion concerning such provisions and ef­ 13 suggests that Congress intended to fective time has been disseminated make eligible for discount “any paper among handlers of such Navel oranges; drawn for a legitimate business purpose it is necessary, in order to effectuate the of any kind” 1 and that the Board, in Title 7— AGRICULTURE declared policy of the act, to make this determining what paper is eligible, section effective during the period herein should place a “broad and adaptable Chapter IX— Consumer and Market­ specified; and compliance with this sec­ construction” 2 upon the terms in section ing Service (Marketing Agreements tion will not require any special prep­ 13. It may also be noted that Congress aration on the part of persons subject apparently considered paper issued to and Orders; Fruits, Vegetables, carry investment securities as paper Nuts), Department of Agriculture hereto which cannot be completed on or before the effective daté hereof. Such issued for a “commercial purpose”, since [Navel Orange Reg. 192] committee meeting was held on Janu­ it specifically prohibited the Board from making such paper eligible for discount. PART 907 — NAVEL ORANGES ary 13,1970. (b) Order. (1) The respective quanti­If “commercial” is broad enough to en­ GROWN IN ARIZONA AND DESIG­ ties of Navel oranges grown in Arizona compass investment banking, it would NATED PART OF CALIFORNIA and designated part of California which also seem to include mortgage banking. (d) In providing for the discount of Limitation of Handling may be handled during the period Ja n ­ uary 16, 1970, through January 22, 1970, commercial paper by Reserve Banks, § 907.492 Navel Orange Regulation 192. are hereby fixed as follows: Congress obviously intended to facilitate the current financing of agriculture, in­ (a) Findings, (l) Pursuant to the (1) District 1: 1,020,000 cartons. (ii) District 2: 144,000 cartons. dustry, and commerce, as opposed to marketing agreement, as amended, and long-term investment.3 In the main, Order No. 907, as amended (7 CFR Part (iii) District 3: 36,000 cartons. (2) As used in this section, “handled,” trading in stocks and bonds is invest­ 907, 33 p.R, 1547D, regulating the han­ ment-oriented ; most securities trans­ dling of Navel oranges grown in Arizona “District 1,” “District 2,” “District 3,” and “carton” have the same meaning as actions do not directly affect the pro­ and designated part of California, effec­ duction or distribution of goods and tive under the applicable provisions of when used in said amended marketing agreement and order. services. Mortgage banking, on the other the Agricultural Marketing Agreement hand, is essential to the construction in­ Act of 1937, as amended (7 U.S.C. 601- (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) dustry and thus more closely related to 674), and upon the basis of the recom­ industry and commerce. Although in­ mendations and information submitted Dated; January 14, 1970. vestment bankers also perform similar by the Navel Orange Administrative P aul A. Nicholson, Committee, established under the said Deputy Director, Fruit and 1 House Report No. 69, 63d Cong., p. 48. amended marketing agreement and or­ 2 50 Cong. Rec. 4675 (1913) (remarks of Vegetable Division, Consumer Rep. Phelan). der, and upon other available informa­ and Marketing Service. 3 50 Cong. Rec. 5012 (1913) (remarks of tion, it is hereby found that the limita­ [F.R. Doc. 70-621; Filed, Jan. 14, 1970; Rep. Thompson of Oklahoma); 50 Cong. Rec. tion of handling of such Navel oranges, 11:33 a.m.] 4731-32 (1913) (remarks of Rep. Borland).

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 528 RULES AND REGULATIONS

functions with respect to newly issued similar obligation (written or oral) that (2) Evidences an indebtedness arising securities, Congress saw fit to deny eli­ is issued or undertaken by a member from a transfer of direct obligations of, gibility to all paper issued to finance the bank principally as a means of obtaining or obligations that are fully guaranteed carrying of securities. Congress did not funds to be used in its banking business, as to principal and interest by, the distinguish between newly issued and except any such obligation that: United States or any agency thereof that outstanding securities, perhaps covering (1) Is issued to (or undertaken with the bank is obligated to repurchase; the larger area in order to make certain respect to) and held for the account of (3) Has an original maturity of more that the area of principal concern (i.e., (i) a domestic banking office5“ of an­ than 2 years, is unsecured, and states trading in outstanding stocks and bonds) other bank or (ii) an agency of the expressly that it is subordinated to the was fully included. Speculation was also United States or the Government De­ claims of depositors; or a major Congressional concern, but velopment Bank for Puerto Rico; (4) Arises from a borrowing by a speculation is not a material element in (2) Evidences an indebtedness arising member bank from a dealer in securities mortgage banking operations. Mortgage from a transfer of direct obligations of, for 1 business day, of proceeds of a trans­ loans would not therefore seem to be or obligations that are fully guaranteed fer of deposit credit in a Federal Reserve within the purpose underlying the ex­ as to principal and interest by, the United Bank (or other immediately available clusions from eligibility in section 13. States or any agency thereof that the funds), commonly referred to as “Fed­ (e) Section 201.3(a) provides that a bank is obligated to repurchase; eral funds”, received by such dealer on negotiable note maturing in 90 days or (3) Has an original maturity of more the date of the loan in connection with less is not eligible for discount if the than 2 years, is unsecured, and states clearance of securities transactions. proceeds are used “for permanent or expressly that it is subordinated to the fixed investments of any kind, such as claims of depositors; or This paragraph shall not, however, affect land, buildings or machinery, or for any (4) Arises from a borrowing, by a (i) any instrument issued before June 27, other fixed capital purpose”. However, member bank from a dealer in securities, 1966, or (ii) any instrument that evi­ the proceeds of a mortgage company’s for 1 business day, of proceeds of a dences an indebtedness arising from a commercial paper are not used by it for transfer of deposit credit in a Federal transfer of assets under repurchase any permanent or fixed capital purpose, Reserve Bank (or other immediately agreement issued before July 25, 1969. but only to carry temporarily an inven­ available funds), commonly referred to * * * * * tory of mortgage loans pending their as “Federal funds”, received by such 4a. The main purpose of these amend­ “packaging” for sale to permanent in­ dealer on the date of the loan in con­ ments is to narrow the category of “Fed­ vestors that are usually recurrent custo­ nection with clearance of securities eral funds” transactions that are exempt mers. transactions. from Regulations D (reserves of mem­ (f) In view of the foregoing consider­ This paragraph shall not, however, af­ ber banks) and Q (interest on deposits); ations the Board concluded that notes is­ fect (i) any instrument issued before the main effect will be to bring within sued to finance such temporary “ware­ June 27, 1966, (ii) any instrument that the coverage of those Regulations “Fed­ housing” of real estate mortgage loans evidences an indebtedness arising from eral funds” transactions with any per­ are notes issued for an industrial or a transfer of assets under repurchase son other than a bank and its subsidi­ commercial purpose, that such mortgage agreement issued before July 25, 1969, or aries, various governmental institutions, loans do not constitute “investment se­ (iii) any instrument issued to a foreign or a securities dealer ip certain cases. curities”, as that term is used in section office of another bank before June 27, The operation of the amendments is ex­ 13, and that the temporary holding of 1969. plained in the accompanying interpreta­ such mortgages in these circumstances * * * * * tion, a revision of § 217.137. is not a permanent investment by the § 204.5 [Amended] b. Notice of proposed rule making with mortgage banking company. Accordingly, respect to these amendments was pub­ the Board held that notes having not 2. Effective February 12, 1970, § 204.5 lished in the F ederal R egister of Sep­ more than 90 days to run which are is­ (c) is amended by inserting after “to tember 27, 1969 (34 F.R. 14902), The sued to finance the temporary holding of foreign offices of other banks8 ” the fol­ amendments were adopted by the Board mortgage loans are eligible for discount lowing, “or institutions the time de­ after consideration of all relevant ma­ by Reserve Banks. posits of which are exempt from the rate terial, including communications re­ (Interprets and applies 12 U.S.C. 343) limitations of Regulation Q pursuant to ceived from interested persons. § 217.3(g) thereof,”. By order of the Board of Governors, By order of the Board of Governors, 3. Effective February 12, 1970, § 217.1 January 7, 1970. December 30, 1969. (f) is amended to read as follows: Tseal] K enneth A. K enyon, [ seal] K enneth A. K enyon, § 217.1 Definitions. Deputy Secretary. Deputy Secretary. * * * * * [F.R. Doc. 70-531; Filed, Jan. 14, 1970; [F.R. Doc. 70-527; Filed, Jan. 14, 1970; 8:46 a.m.] (f) Deposits as including certain 8:46 a.m.] promissory notes and other obligations. For the purposes of this part, the term [Regs. D, Q] “deposits” also includes a member bank’s [Reg. Q] PART 204— RESERVES OF MEMBER liability on any promissory note, ac­ PARU 217— INTEREST ON DEPOSITS knowledgment of advance, due bill, or BANKS similar obligation (written or oral) that Federal Funds Transactions PART 217— INTEREST ON DEPOSITS is issued or undertaken by a member bank principally as a means of obtaining Effective February 12, 1970, §217.137 Certain Bank Borrowings Classifiedi funds to be used in its banking business, is amended to read as follows : as Deposits except any such obligation that: § 217.137 Member bank participation in “Federal funds” market. 1. Effective February 12, 1970, § 204.1 (1) Is issued to (or undertaken with (f) is amended to read as follows: respect to) and held for the account of (a) Effective February 12, 1970, the (i) a bank or an institution the time de­ Board of Governors has amended § 204.1 Definitions. posits of which are exempt from'§ 217.7 § 217.1(f) to narrow the category of * * * * * pursuant to § 217.3(g) or (ii) an agency “Federal funds” transactions entered (f) Deposits as including certainof the United States or the Government into by member banks that may be clas­ promissory notes and other obligations. Development Bank for Puerto Rico; sified as nondeposit borrowings rather For the purposes of this part, the term than as deposits. One question that arose “deposits” also includes a member bank’s '“Any banking office in any State of the in connection with such amendment is United States or the District of Columbia of a the meaning of “bank” as such term is liability on any promissory note, ac­ bank organized under domestic or foreign used in the exemption from Regulation knowledgment of advance, due bill, or law. Q for obligations in nondeposit form to

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 RULES AND REGULATIONS 529 flight, interline agreement, block booking, another bank. Such an exemption has would be the case with respect to a due ticketing, or any other method of linking up. bill issued to evidence the bank’s liability been included in § 217.1(f) since its (E.O. 11322, Jan. 5, 1967; E.O, 11419, July 29, adoption in 1966. As used in such exemp­ to deliver securities or foreign exchange sold—it need not classify its liability 1968; sec. 5, 59 Stat. 620, sec. 3, 63 Stat. 735, tion, “bank” includes a member bank, a 22 U.S.C. sec. 287c) nonmember commercial bank, a savings thereon as a deposit. However, the- cir­ bank (mutual or stock) , a building or cumstances surrounding an obligation Issued in Washington, D.C., on Janu­ savings and loan association or coopera­ issued ostensibly for a purpose other than< ary 6,1970. tive bank, the Export-Import Bank of obtaining funds for use in the ordinary D. D. T homas, the United States, or a foreign bank. It course of business may cause an obliga­ Acting Administrator. also" includes bank subsidiaries that en­ tion to become subject to Regulation Q— [F.r ! Doc. 70-530; Filed, Jan. 14, 1970; gage in business in which their parents for example, if the bank’s liability on a 8:46, a.m.] are authorized to engage-and subsidi­ due bill extended beyond aperiod exceed­ aries the stock of which is by statute ing that necessary to complete the secu­ explicitly eligible for purchase by na­ rities sale, or if the bank paid interest to tional banks. the customer in excess of the amount Title 18— CONSERVATION OF (b) To assure that the exemption for that accrued on the securities sold during liabilities to banks is not used as a means the delay in delivery. POWER AND WATER RESOURCES by which nonbanks may arrange (12 U.S.C. 248 (i). interprets and applies 12 through a bank to “sell” Federal funds U.S.C. 371b and 461) Chapter VI— Water Resources Council to a member bank that are not subject By order of the Board of Governors, PART 701— COUNCIL ORGANIZATION to Regulations D and Q, obligations within the exemption must be issued to January 7,1970. Subpart B— Headquarters another bank for its own account. In [ seal] K enneth A. K enyon, Organization view of this requirement, a member bank Deputy Secretary. Other E xecutive Offic er s; Correction that “purchases” Federal funds should [F.R. Doc. 70-526; Filed, Jan. 14, 1970; take such action as may be necessary to 8:46 a.m.] F.R. Doc. 67-725, published in the ascertain the character (not necessarily F ederal R egister on January 21, 1967, the identity) of the actual “seller” in at 32 F.R. 712, is corrected by striking the order to justify classification of its lia­ period at the end of § 701.79(d) and add­ bility on the transaction as “Federal Title 14— AERONAUTICS AND ing the following words, “for administer­ funds purchased” rather than as a de­ ing Federal grants to States for planning posit. Any bank that has given general involving water and related land'- re­ assurance-to a member bank that sales SPACE sources. He is responsible for providing by it of Federal funds ordinarily will be Chapter l->-Federal Aviation Adminis-/ guidance to the States in applying for for its own account and thereafter exe­ tration, Department of Transportation grants and executing approved planning cutes such transactions for the account programs; for making appropriate rec­ of others, should disclose the nature of [Docket No. 9135; Arndt. SFAR-21-1 ] ommendations for consideration of the the actual lender with respect to each SOUTHERN RHODESIA Executive Director and the Council with such transaction. If it fails to do so, the respect to the administration of State selling bank would be deemed by the Aviation Sanctions grants-in-aid; and for performing other Board as indirectly violating section 19 The purpose of this amendment to duties as assigned.” of the Federal Reserve Act and Regula­ The foregoing words were inadvert­ tion Q. Special Federal Aviation Regulation No. 21 is to clarify the provision prohibiting ently omitted from § 701.79(d) when (c) Also to assure the effectiveness of that section was published at 32 F.R. the limitations on persons who sell Fed­ operation of aircraft in coordination with any airline company constituted, or air­ 7Î2. As corrected, § 701.79(d) readsr as eral funds to member banks, the set forth hereafter. amended § 217.1(f). applies to nondocu­ craft registered, in Southern Rhodesia. mentary obligations undertaken by a It appears that the prohibitions of this R euben J . J ohnson, member bank to obtain funds for use regulation may be construed as going Acting Executive Director. beyond the intent of the Executive order in its banking business, as well as to J anuary 12,1970. documentary obligations. In recent it implements (E.O. 11419, dated July 29, months a number of banks have made 1968 (33 F.R. 10837)) > This portion of the § 701.79 Other executive officers. the Fédéral funds market available to regulation is therefore clarified to con­ * * * * * business corporations. In some cases this form with the intent of E.O. Ilil9 that (d) The Assistant Director for. State has been on the basis of book entries, in U.S. air carriers are not prohibited from Grants assists in fiscal and program ad­ which no instrument is involved. Under operating in coordination with other air ministration of grants-in-aid to States the amendment, a bank’s liability under carriers, except one constituted in South­ as provided by title HI of the Act, and informal arrangements as well as those ern Rhodesia. This amendment has been in conformance with the Council’s rules, formally embodied in a document are coordinated with the Secretary of State regulations, and supplemental instruc­ within the coverage of I 217.1(f). before issuance. tions, such rules to be prepared in col­ id) The expansion of § 217.1(f) to Since this amendment is only clarify­ laboration with representatives of other nondocumentary obligations does not ing, I find that notice and public proce­ agencies responsible under other acts for mean that every bank liability on a dure are unnecessary and that it may be administering Federal grants to States transaction that results in the bank ob­ made effective on less than 39 days’ for planning involving water and related taining. funds is a deposit. An indorser’s notice. land resources. He is responsible for pro­ or conditional liability such as arises : In consideration of the foregoing, sub- viding guidance to the States in applying when a bank sells a loan with recourse for grants and executing approved plan­ need not be classified as a deposit liabil­ paragraph (c) (2) of section 2 of Special ning programs; for making appropriate ity. Also, a bank’s liability on an accept­ Federal Aviation Regulations 21 is recommendations for consideration of ance that it sells in the market is not a amended, effective January 14, 1970, to the Executive Director and the Council deposit liability under the amendment. read as follows: with respect to the administration of (e) It should also be noted that when 2. Prohibited carriage. * * * State grants-in-aid; and for performing a member bank issues an obligation (c) * * * Principally for a.purpose other than as a (2) In coordination with any airline com­ other duties as assigned. means of obtaining funds to be used in pany constituted, or aircraft registered, in [F.R. Doc,. 70-565; Filed, Jàn. 14, 1970; us banking business—such as usually/ Southern Rhodesia, whether by connecting 8:49 a.m.j

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 530 RULES AND REGULATIONS

Therefore, pursuant to provisions of common name or names of the ingredient Title 21— FOOD AND DRUGS thé Federal Food, Drug, and Cosmetic or ingrediéhts used as a salt substitute. Chapter I— Food and Drug Adminis­ Act (secs. 401, 701, 52 Stat. 1046, 1055, as (f ) Low sodium colby cheese is subject amended-70 Stat. 919, 72 Stat. 948; 21 to the regulations for foods for special tration, Department of Health, Edu­ U.S.C. 341, 371) and under authority cation, and Welfare dietary uses promulgated under the pro­ delegated to the Commissioner (21 CFR visions of section 403(j) of the Federal SUBCHAPTER B— FOOD AND FOOD PRODUCTS 2.120) : It is ordered, That Part 19 be Food, Drug, and Cosmetic Act. ^mended by adding thereto the follow­ pa rt 19— c h e es e s , pr o c essed Any person who will be adversely af­ ing two new sections: fected by the foregoing order may at any CHEESES, CHEESE FOODS,' CHEESE §T 9.503 Low sodium cheddar cheese; time within 30 days from the date of its SPREADS, AND RELATED FOODS identity; label statement of optional publication in the F ederal R egister file Low Sodium Cheddar Cheese and Low ingredients. with the Hearing Clerk, Department of Health, Education, and Welfare, Room Sodium Colby Cheese; Order Estab­ Low sodium cheddar cheese is the- food 5440, 330 Independence Avenue SW, lishing Identity Standards prepared from the same ingredients and in the same manner prescribed in Washington, D.C. 20201, written objec­ In the matter of establishing stand­ § 19.500 for cheddar cheese and complies tions thereto. Objections shall show ards of identity for low sodium Cheddar with all the provisions of § 19.500, includ­ wherein the person filing will be ad­ versely affected by the order and specify cheese and low sodium colby cheese: ing the requirements for label statement A notice of proposed rule making in of optional ingredients, except that: with particularity the provisions of the the above-identified matter was pub­ order deemed objectionable and the (a) Salt is not used. Any'safe and suit­ grounds for the objections. If a hearing lished in the F ederal R egister of June 26, able ingredient or combination of 1969 (34 F.R. 9874), based on a petition is requested, the objections must state ingredients that contains no sodium and theissues for thé hearing, and such ob­ filed by the Chicago Dietetic Supply, Inc., that is recognized as a salt substitute 405 East ^Shawmut Avenue, La Grange, may be used. jections must be supported by grounds legally sufficient to justify the relief 111. 60525, proposing establishment of the (b) Sodium sorbate is not used. subject standards prescribing salt sub­ sought. Objections may be accompanied (c) It contains not more than 96 milli­ by a memorandum or brief in support stitutes instead of salt'and with a mois­ grams of sodium per pound of finished ture level not exceeding 41 percent by food. thereof. All documents shall be filed in weight of the food. six copies. (d) The name of the food is “low Effective date. This order shall become The Commissioner of Food and Drugjs, sodium cheddar cheese.” The letters in effective 60 days from the' date of its on his own initiative,. proposed that if the words “low sodium” shall be of the publication in the F ederal R egister, ex­ the subject standards are established: same size and style of type as the letters cept as to any provisions that may be (1) The moisture content of low sodium in the words “cheddar cheese,” wherever stayed by the filing of proper objections. Cheddar cheese be not more than 39 per­ such words appear on the label. Notice of the filing of objections or lack cent and the moisture content of low (e) If a salt sübstitute as provided for thereof will be announced by publica­ sodium colby cheese be not more than 40 in paragraph (a) of this section is used, tion in the F ederal R egister. percent; (2 ) the addition of salt sub­ the label shall bear the statement stitutes be made optional rather than “------added as a salt substi­ (Secs. 401, 701, 52 Stat. 1046, 1055, as mandatory and that any safe and suita­ amended 70 Stat. 919, 72 Stat. 948; 21 U.S.C. tute,” the blank being filled in with the 341,371) ble ingredient or combination of ingredi­ common name or names of the ingrédi­ ents that contains no sodium and that is ent _ or ingrédients used as a salt Dated: January 7,1970. recognized as a salt substitute be per­ substitute. R. E. Duggan, mitted; and <3) that sodium sorbate, an (f ) Low sodium cheddar cheese is sub­ optional mold-inhibiting ingredient, be Acting Associate Commissioner ject to the regulations for foods for spe­ for Compliance. excluded. cial dietary uses promulgated under the Ih response to the notice six comments provisions of section 403 (j) of the Fed­ {F.R. Doc. 70-534; Filed, Jan. 14, 1970; were received. All supported adoption of eral Food, Drug, and Cosmetic Act. 8:46 -a.m.] standards for “low sodium type” cheeses. § 19.513 Low sodium colby cheese; Four comments favored adoption of the identity; label statement of optional PART 120— TOLERANCES AND EX­ proposed standards as modified by the ingredients. EMPTIONS FROM TOLERANCES FOR Commissioner’s proposal. Low sodium colby cheese is the food PESTICIDE CHEMICALS IN OR ON Two comments, however, took excep­ prepared from the same ingredients and tion as follows: (1) The moisture levels RAW AGRICULTURAL COMMODI­ in the same manner prescribed in § 19.- TIES proposed by the Commissioner would 510 for colby cheese and complies with all cause technological difficulties if no salts the provisions of § 19.510, including the , PART 121— FOOD ADDITIVES are added—the moisture level should be requirements for label statement of op­ 41 percent as proposed by the petitioner; tional ingredients, except that: Trifluralin and (2) the names proposed would con­ (a) Salt Is not used. Any safe and fuse the consumer because the subject A. A petition (PP ÓF0862) was filed suitable ingredient or combination of Administration products do not duplicate the flavor and with the Food and Drug ingredients that contains no sodium and by Elanco Products Co., Division of Eli other characteristics of standardized that is recognized as a salt substitute Cheddar and colby cheeses—they should Lilly & Co., Indianapolis, Ind. 46206, pro­ may be used. posing establishment of tolerances for be included among the open classes of (b) Sodium sorbate is not used. cheese such as “low sodium hprd cheese” residues of the herbicide trifluralin in or (c) It contains not more than 96 milli­ on the raw agricultural commodities and “low sodium semisoft cheese.” Data grams of sodium per pound of finished peppermint, peppermint hay, spearmint, were not submitted in support of the food. and spearmint hay at 0.05 part per mil­ adverse comments and the suggested (d) The name of the food is ‘flow sodi­ lion. Based on consideration given data changes have not been adopted. um colby cheese.” The letters in the submitted in the petition and other rele­ Having considered the comments filed, words “low sodium” shall be of the same vant material, the Commissioner of Food the information furnished by the peti­ size and style of type as the letters in and Drugs concludes that: tioner, and other relevant information, the words “colby cheese,” wherever such 1. Since residues of the herbicide are the Commissioner concludes that it will words appear on the label. not reasonably expected to transfer to promote honesty and fair dealing in the (e) If a salt substitute as provided for eggs, meat, milk, or poultry from the interest of consumers to establish stand­ in paragraph (a) of this section is used, proposed or established uses, tolerances ards of identity for low sodium Cheddar the label shall bear the statement regarding these items are unnecessary. cheese and low sodium colby cheese as ------added as a salt substi­ The usage is in the category specified in set forth below. tute,” the blank being filled in with the § 120.6 (a) (3).

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 RULES AND REGULATIONS 531

2. The tolerances established by this SUBCHAPTER C— DRUGS partment of Health, Education, and Welfare, Room 5440, 330 Independence order will protect the public health. PART 148d— CYCLOSERINE Therefore, pursuant to provisions of Avenue SW., Washington, D.C. 20201, the Federal Food, Drug, and Cosmetic Combination Drug Containing and may be accompanied by a memo­ Act (sec. 408(d) (2), 68 Stat. 512; 21 Cycloserine and Isoniazid randum or brief in support thereof. - U.S.C. 346a(d) (2)) and under authority Effective date. This order shall be­ delegated to the Commissioner (21 CFR In the F ederal R egister of Septem­ come effective 40 days after its date of ber 18, 1969 (34 F.R. 14532), the Com­ 2.120), § 120.207 is amended to establish publication in the F ederal R egister to the above-mentioned tolerances by revis­ missioner of Food and Drugs announced allow time for a recall to be completed. ing the paragraph “0.05 part per mil­ the conclusions of the Food and Drug Certification of new stocks has been lion * * *” to read as follows; - Administration following evaluation of discontinued. reports received from the National Acad­ §120.207 Trifluralin; tolerances for emy of Sciences—National Research (Secs. 502, 507, 52 Stat. 1050-51, as amended, . residues. Council, Drug Efficacy Study Group, on 59 Stat. 463, as amended; 21 U.S.C. 352, 357) * * * * * the following preparation marketed by Dated: January 5, 1970. 0.05 part per million (negligible resi­ Eli Lilly & Co., Inc., Post Office Box 618, dues) in or on citrus fruits, cottonseed, Indianapolis, Ind. 46206 : Seromycin with S am D. F in e, cucurbits, forage legumes, fruiting vege­ Isoniazid Capsules (250 milligrams of Acting Associate Commissioner tables, grapes, hops, leafy vegetables, cycloserine and 150 milligrams of isoni­ for Compliance. nuts, peanuts, peppermint hay, root crop azid per capsule). [F.R. Doc. 70-536; Filed, Jan. 14, 1970; vegetables (except carrots), safflower The Food and Drug Administration ...... 8:47 a.m.] seed, seed and pod vegetables, spearmint concluded there is a lack of substantial hay, stone fruits, sugarcane, and sun­ evidence that 'the fixed combination flower seed. product will have the effects it purports B. Having evaluated data in a petition or is represented to have under the con­ Title 19— CUSTOMS DUTIES (OH2445) submitted by the aforemen­ ditions of use prescribed, recommended, tioned petitioner, and other relevant or suggested in its labeling and that, Chapter I-—Bureau of Customs, material,. the Commissioner concludes because of potentially serious side effects Department of the Treasury that the food additive regulations should associated with its components and the [T.D. 70-15] be amended to establish safe food addi­ lack of flexibility of dosage of each com­ tive tolerances for residues of the subject ponent, the fixed combinational rug pre­ PART 12-*—SPECIAL CLASSES OF herbicide in peppermint oil and spear­ sents unwarranted hazards and is not MERCHANDISE mint oil as set forth below. Therefore, safe for the treatment of tuberculosis or Importation of Certain Kinds of * pursuant to provisions of the Federal leprosy. Pood, Drug, and Cosmetic Act (sec. 409 Interested persons were invited to file, Wildlife or Eggs Thereof (0(1) 72 Stat. 1786; 21 U.S.C. 348(0 within 30 days after said publication date The Bureau of Sport Fisheries and (1>) and under authority delegated as written views and comments on the pro­ Wildlife, Fish and Wildlife Service, De­ cited above, Part 121 is amended by add­ posal to amend the antibiotic drug regu­ partment of the Interior, pursuant to ing to Subpart D the following new lations by repealing § 148d.3 Cycloserine authority of section 42, title 18, United section: capsules with isoniazid and to revoke States Code, has prescribed by regula­ § 121.1231 Trifluralin. certificates of safety and effectiveness tion effective January 1, 1970 (50 CFR heretofore issued for the combination. Tolerances are established for residues 13.7), published in the F ederal R egister No responses were received to the of November 29, 1969 (34 F.R. 19030), of the herbicide trifluralin in or on pep­ proposal. - permint oil and spearmint oil at 2 parts that agency’s prohibition applying to per million when present therein as a Therefore, pursuant to provisions of unpermitted importation, transportation, result of application of the herbicide to the Federal Food, Drug, and Cosmetic or acquisition of any live fish or viable the growing crops. Act (sees. 502,- 507, 52 Stat. 1050-51, as eggs of the family Clariidae. Any person who will be adversely af­ amended, 59 Stat. 463, as amended; 21 To conform the listing, subdivisions fected by the foregoing order may at any U.S.C. 352, 357) and under authority (i) through (x), in § 12.26(a) (1) . Cus­ time within 30 days from the date of its delegated to the Commissioner (21 CFR toms Regulations, of wild mammal, bird, publication in the F ederal R egister file 2.120), Part 148d is amended by repeal­ and fish species, and the eggs thereof, with the Hearing Clerk, Department of ing § 148d.3, and certificates previously prohibited importation except as author­ Health, Education, and Welfare, Room issued for this drug under § 148d.3 are ized by permit issued by the Bureau of 5440, 330 Independence Avenue SW., revoked. Sport Fisheries and Wildlife, § 12.26(a) Washington, D.C. 20201, written objec­ „ Any person who will be adversely af­ ( 1) hereby is amended as follows: tions thereto, preferably in quintuphcate. fected by removal of this drug from the Subdivision (x) is deleted therefrom. Objections shall show wherein the person market may file, within 30 days after New subdivision (x) and subdivision (xi) filing will be adversely affected by the or­ publication hereof in the F ederal R eg­ are inserted before the next to last sen­ der and specify with particularity the ister, objections to this order stating tence, to read: “(x) any live fish or viable Provisions of the order deemed objection­ reasonable grounds and requesting a eggs of the family Clariidae; (xi) any able and the grounds for the Objections. hearing on such objections. A statement other species .of wild mammals, wild If a hearing is requested, the objections' of reasonable grounds for a hearing shall birds, fish (including mollusks and roust state the issues fpr the hearing. identify the claimed errors in the NAS- Crustacea), amphibians, reptiles, or the A hearing will be granted if the objec- NRC evaluation and the Administration’s offspring or eggs of any of the foregoing tions are supported by grounds legally conclusions as’ to lack of “substantial which the Secretary of the Interior may sufficient to justify the relief sought. evidence” of the effectiveness of the com­ prescribe by regulations to be injurious Objections may be accompanied by a bination drug. It shall identify and pro­ to human beings, to the interests of agri­ memorandum or brief in support thereof. vide a well-organized, and full factual culture, horticulture, forestry, or to wild­ Effective date. This order shall become analysis of any adequate and well-con­ life or the wildlife resources of the United effective on the date of its publication trolled investigations thé objector is States, is prohibited, except as may be in the F ederal R egister. prepared to prove in support of his ob­ authorized by the issuance of a permit by ' o?efS', ( 2 > , 409(c) (1), 68 Stat. 512, 72 otat. 1786; 21 U.S.C. 346a(d) (2), 348(c) (1)) jections as a basis on which it could the Director, Bureau of Sport Fisheries Dated: January 7, 1970. reasonably be concluded that the combi­ and Wildlife, Fish and Wildlife Service, nation drug would have the effectiveness U.S. Department of the Interior, Wash­ S am D. F in e, Acting Associate Commissioner claimed and would be safe for its in­ ington, D.C. 20240, or his authorized for Compliance. tended use (34 F.R. 14596-98). Objec­ representative.” IF.R. Doc. 70-535; Piled, Jan. 14, 1970; tions should be filed (preferably in quin- (Sec. 42, 62 Stat. 687, as amended; 18 U.S.C. 8:46 a.m.] tuplicate) with the Hearing Clerk, De­ 42)

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 No. 10----- 2 532 RULES AND REGULATIONS

Effective date. This amendment shall be effective as of January 1, 1970. Title 29— LABOR Title 33— NAVIGATION AND [ seal] E dwin F. R ains, Subtitle A——Office of the Secretary of ^Acting Commissioner o f Customs. Labor NAVIGABLE WATERS Approved: January 2,1970. MISCELLANEOUS AMENDMENTS TO Chapter I— Coast Guard, Department of Transportation E ugene T. R ossides, SUBTITLE Assistant Secretary SUBCHAPTER J— BRIDGES o f the Treasury. Pursuant to Secretary’s Order No. 14-69 and the Notice of Delegation of [CGFR 70-4] [F.R. Doc. 70-557; Filed, Jan. 14, 1970; 8:48 a.m.] Authority published concurrently there­ PART 117— DRAWBRIDGE with in the F ederal R egister on April 15, OPERATION REGULATIONS 1969 (34 F.R. 6502), and in order to re­ flect organizational changes and delega­ Lake Worth (Intracoastal Waterway), Title 25— INDIANS tions set forth in said documents, Parts Fla. 8, 20, 26, and 40 in Subtitle A of Title 29 Chapter I— Bureau of Indian Affairs, of the Code of Federal Regulations are 1. The city of Lake Worth, Fla., by let­ Department of the Interior amended in the following respects: ter dated September 18, 1969, requested the Commander, 7 th Coast Guard SUBCHAPTER W— MISCELLANEOUS ACTIVITIES PART 8— PREFERENCE IN FEDERAL' District to prescribe operation regula­ PART 256— OFF-RESERVATION PROCUREMENT FOR SECTIONS AND tions for the Florida State Road 802 TREATY FISHING AREAS OF HIGH UNEMPLOYMENT drawbridge across the Atlantic Intra­ coastal Waterway at Lake Worth. A pub­ Extension of Temporary Identification 1. In Part 8 the term “IDS. Employ­lic notice dated October 21, 1969, set­ Cards ment Service” in § 8.7(b) is changed to ting forth the regulation proposed to December 29, 1969. “United States Training and Employ­ govern the operation of this drawbridge ment Service”. ' was issued by the Commander, 7th Coast This notice is published in the exer­ Guard District and was made available cise of rule-making authority delegated to all persons known to have an interest by the Secretary of the Interior to the PART 20— OCCUPATIONAL TRAINING in this subject. Commissioner of Indian Adairs by 230 DM 2. OF UNEMPLOYED PERSONS 2. After consideration of all comments The following amendment is made to 2. In Part 20 the term “U.S. Employ­submitted in response to the public no­ Title 25—Indians, Part 256 to extend ment Service” in § 20.10(b) (4) is changed tice, the proposal is accepted. Since time the period for issuing temporary identi­ to “United States Training and Employ­ is of the essence, in view of the espe­ ment Service”. cially heavy highway traffic in this area fication cards to Indians whose tribes during the winter season, it is hereby have no approved current membership found to be impracticable to comply roll as prima facie evidence of entitle­ with the requirements of the Adminis­ ment to exercise treaty fishing rights. PART 26— EXEMPLARY REHABILITA­ TION CERTIFICATES FOR EXSERV­ trative Procedure Act relating to publica­ Since the deadline for issuing temporary tion of the notice of proposed rule mak­ cards is January 1, 1970, advance notice ICEMEN ing in the F ederal R egister, public pro­ and public procedure thereon would be 3. In Part 26 the term “Bureau of Em­cedure „thereon-and the effective date. contrary to the public interest and are, This amendment is, therefore, exempted therefore, dispensed with under the ex­ ployment Security” in §§ 26.4(a), 26.6(a) and (b), and 26.7 is changed to “Man­ from these requirements by the provi­ ceptions provided in section (d) (3) of 5 sions of 5 U.S.C. 533. U.S.C. 553 (Supp. HI, 1965-67). Accord­ power Administration”. ingly, the amendment will become ef­ 3. Accordingly, Part 117 is amended fective upon publication in the F ederal by adding a new § 117.441, to read as R egister. pa rt 40— FARM LABOR CONTRAC­ follows : Section 256.3 is amended by changing TOR REGISTRATION § 117.441 Lake Worth (Intracoastal the date in paragraph (b) by which Waterway), Fla.; State Road Depart­ 4. In Part 40 the term “Bureau of Em­ ment of Florida highway bridge temporary identification cards could be ployment Security” in §§ 40.2(g), 40.4 issued, January 1, 1970, to December 31, (State Road 802). 1972. As so amended paragraph

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 RULES AND REGULATIONS 533

Effective date. Thiâ revision shall be­ This amendment will became effective burg, Ky.; and Bardstown, Ky.) ; Docket come effective as of 6 p.m., January 16, on the date of its publication in the No. 18345, RM-1236, RM-1320, RM-1321, F ederal R egister. RM-1322, RM—1325, RM-1327, RM-1328, 1970. , RM—1329, RM-1331, RM-1333, RM-1334, Dated: January 12, 1970. L ouis R. B ruce, RM-1336. Commissioner. W . J . S m ith, 1. On October 2, 1968, the Commission Admiral, U.S. Coast Guard [P.R. Doc. 70-539; Piled, Jan. 14, 1970; adopted a notice of proposed rule making Commandant. 8:47 a.m.] (FCC 68-995, released Oct. 4, 1968) in this proceeding, including, inter alia,1 a [P.R. Doc. 70-563; Piled, Jan. 14, 1970; petition by WGLI, Inc. (licensee of 8:48 a.m.] standard broadcast station WGLI, Baby­ Title 43— PUBLIC LANDS: lon, N.Y.), filed on January 5,1968, seek­ ing the assignment of Channel 276A to Title 41— PUBLIC CONTRACTS INTERIOR Bay Shore, N.Y. Paragraphs 3 through Chapter II— Bureau of Land Manage­ 10 of the notice examined WGLI’s pro­ posal and oppositions filed in respect to AND PROPERTY MANAGEMENT ment, Department of the Interior it, and proposed for consideration peti­ Chapter 14H— Bureau of Indian APPENDIX— PUBLIC LAND ORDERS tioner’s request. The proposed assign­ Affairs, Department of the Interior [Public Land Order 4761] ment does not require shifts of any other FM allocations. PART 14H-1— GENERAL [Misc-88701] 2. Comments were timely filed by Designation of Contracting Officer CALIFORNIA WGLI, Inc. (WGLI), and WTFM, Inc., licensee of WTFM, Lake Success, N.Y. Positions Partial Revocation of Public Land (WTFM>. After a series of extensions J anuary 9, 1970. Order No. 3529 of time for filing reply comments were granted, timely reply comments were re­ On pages 13659 and 13660 of the F ed­ By virtue of the authority vested in the ceived by the final date set, April 3, eral R egister of August 26, 1969, there President and pursuant to Executive was published Chapter 14H of Title 41 1969, from WTFM, WGLI, and Babylon- Order JNo. 10355 of May 26, 1952 (17 F.R. Bay Shore Broadcasting Corp. licensee of the Code of Federal Regulations which 4831), it is ordered as follows: of WBAB (AM-FM), Babylon, N.Y, established the Bureau of Indian Affairs 1. Public Land Order No. 3529 of Ja n ­ Procurement Regulations (BIA PR). (W BAB). In addition, a large number of uary 25, 1965, withdrawing lands under informal communications, mostly in the Pursuant to the authority contained in the jurisdiction of the Secretary of the form of letters, were received by the the Act of November 2, 1921, C. 115, 42 Interior for protection of stands of red­ Stat. 208 (25 U.S.C. 13) and 41 CFR 14- Commission. On April 7, 1969, WTFM woods, is hereby revoked so far as it af­ filed a “Supplementary Statement” for 1.008, 41. CFR 14H-1.451-2 is being fects the following described lands: amended to reflect a change in the posi­ the purpose of replying to WGLI’s reply tions designated as contracting officer Hu m bold t Meridian comments, along with a petition for leave positions in the Headquarters Office. T. 13 N., R. 2 E., to file this additional pleading. On April It is the general policy of the Bureau Sec. 16, SW,J4NE% and SE%SE%. 21, WGLI filed “Comments” in response of Indian Affairs to allow time for inter­ to this pleading, asking that it be denied The areas described aggregate 80 acres as not in conformance with the rules, ested parties to take part in the public in Del Norte County. rule making process. However, because and also replying to it in substance. Our 2. T his revocation is made in further­ rules (§ 1.415(d) ) do not ordinarily pro­ this amendment involves internal Bu­ ance of an exchange under section 5 of reau procedures, the rule making process vide for filings in rule-making beyond the Act of October 2, 1968 (82 Stat. 932), comments and reply comments. How­ will be waived under the exception pro­ by which the offered lands will benefit ever, the later WTFM and WGLI plead­ vided in subsection (b) (3) (A) of 5 Ü.S.C. 553. / - -a Federal land program. ings relate to a matter beyond the usual ambit of the Commission’s activities and Section 14H-1.451-2(a) (1) of 41 CFR W alter J. H ick el, Secretary of the Interior. about which it has little expertise. They 14H is hereby amended to read as provide pertinent- information concern­ follows: J anuary 8, 1970*. ing the matter and therefore are accept­ § 14H-T.451-2 Designation of contract­ [P.R. Doc. 70-515; Piled, Jan. 14, 1970; ed and considered in light of our desire ing officer positions. 8:45 a.m.] to reach a correct and just decision. (a) Each of the following organiza­ 3. The proposed assignment of Chan­ tional titles aré designated as contract­ nel 276A to Bay Shore, N.Y. is a “drop ing officer positions: in”, which Can be used only in a very (1) Headquarter Office Officials: Title 47— TELECOMMUNICATION small area consistent with our mileage (i) Associate Commissioner for Sup­ Chapter I— Federal Communications separation rules. The assignment would port Services. _ - Commission have no effect whatsoever on other possi­ (ii) Director of Operating Services. ble uses of this channel and adjacent [Docket No. 18345, RM-1236; PCC 70-41] channels in the area. As developed in the (iii) Headquarters Administrative Of­ ficer. PART 73— RADIO BROADCAST pleadings of WGLI and the opponents SERVICES (chiefly WTFM), the three main lines (iv) Chief, 1 Division of Plant Design of argument pro and con are: (1) The and Construction, Albuquerque, N. Mex. FM Broadcast Stations; Table of status of Bay Shore as a “community,” (v) Chief, Division of Property and Assignments, Bay Shore, N.Y. considering its size but unincorporated Supply Management. status, and its need for service in view (vi) Chief, Plant Management En­ Third report and order. In the matter of the lack of a local broadcast outlet but gineering Center, Littleton, Colo. of amendment of § 73.202, table of with numerous nearby AM and FM serv­ (vii) Executive Officer, Indian Affairs assignments, FM Broadcast Stations ices available; (2 ) the interference Data Center, Albuquerque, N. Mex. (Bay Shore, N.Y.; Lake Havasu City, (viii) Property * and Supply Officer, Ariz.; Eupora, Miss.; Sledge, Miss.; 1 The Commission’s notice also included a Indian Affairs Data Center, Albuquerque, South Haven, Mich.; Marksville, La.; number of other proposals, dealt with pre­ N. Mex. Waverly, Tenn.; Livermore and Hay­ viously in the first and second report and * * * * * ward, Calif.; North East, Pa.; Lawrence- order in this proceeding.

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 534 RULES AND REGULATIONS

which it is claimed would result because us that Bay Shore is a significant com­ predicted area of interference from the of the very close mileage separation of munity with a substantial local com­ new station to WTFM, using the method WTFM, on a second-adjacent channel mercial base and cultural and social specified in the rules for educational with its transmitter in New York City, cohesiveness. stations only and assuming the l-to-10 some 40 miles distant; and (3) whether 5. WTFM and WBAB contend that ratio between desired and second- a transmitter site in the only area where Bay Shore does not merit or require the adjacent undesired signals on which our minimum mileage separations could be assignment of Channel 276A (its first FM assignments and separation rules met—on Fire Island, off the southern local broadcast service) due to the .fact are based. This area, centering around shore of Long Island—is in fact “avail­ that it receives a number of broadcast the assumed new transmitter location, able” within the meaning of § 73.208(a) services from various stations assigned would extend to about 6 miles from the (4) of the rules, and can be used for an to New York City and other surround­ transmitter to the west' and 7 miles to antenna tower consistent with the public ing communities on Long Island/ This the north; About 87 percent of the area interest, in view of the site’s relationship argument lacks substance. It is our posi­ is water. All of this interference area to the Fire Island National Seashore, tion that each station has the primary lies outside of WTFM’s 1 mv/m contour established pursuant to an Act of Con­ responsibility of first meeting the needs (three miles and further), and only a gress in 1964, and under the jurisdiction of the city to which it is licensed. There­ small portion of it (most of it water) lies of the Secretary of the Interior and the fore, service received in Bay Shore from within a 40-mile distance from WTFM’s National Park Service. - stations licensed to other communities transmitter site, extending to about 36 4. Need for the proposed station. Bothcannot be expected to fully meet the miles from that site at its closest point. WTFM and WBAB contend that the need of Bay Shore for local expression in WTFM claimed in opposing the petition “community” of Bay Shore, which is un­ the form of Bay Shore news, activities, that listener surveys show it as having incorporated, does not have enough sig­ events, and projects. Petitioner (as one substantial audiences beyond its 1 mv/m nificance or activity to warrant the pro­ example of specialized programing a Bay contour, in places such as Bay Shore, posed FM asignment: In response WGLI Shore station could provide to its com­ Babylon, and Islip, where the new in­ states, “Bay Shore is a thriving, expand­ munity) cites the vital importance of terference would affect it. It was claimed ing major community in Suffolk County, rapid information concerning weather that experience' with second-adjacent within which is every conceivable type conditions in the area, not only to the channel interference from another sta­ of service to its residents except com­ Bay Shore seaside residents but in addi­ tion (White Plains, N.Ÿ.) shows a munication”. Suffolk County, N.Y., with tion to the residents of Fire Island whose greater impact than use of the standard a 1960 U.S. Census population of 666,784 sole year round connection with the FM curves would indicate. contains, on its southern border, the un- mainland is via a ferry. We are convinced 7. In noting thé showing in the notice ’ incorporated community of Bay Shore,2 in this instance, as in numerous previous herein, we observed that, as proposed, the approximately 40 air miles from New instances, that the provision of a first assignment would meet the minimum York City. Petitioner alleges that the local broadcast service is an important separation requirements of the rules, and population of this community at the aim of our allocation policy, which we called attention to the provisions of present time is 36,000 persons. The com­ should, if possible, be metrWhile the need § 73.1209(b), referring to interference pro­ munity is not listed in the 1960 U.S. for a local outlet here is perhaps not as tection provided by the minimum- Census due to its unincorporated status; great as it would be where there is no separation rules. WTFM in its comments however it is listed in the Commercial service from nearby communities, a def­ claims that this is no answer; that the ^Atlas and Marketing Guide (Rand Mc­ inite need appears to exist. Commission, in the exercise of the dis­ Nally & Co., Ninety-third Edition, 1962) 6. Interference considerations. WTFM cretionary and quasi-legislative powers as having a population of 23,000 persons. opposed the original WGLI petition on involved in rule making, must look at the An examination of the pleadings indi­ the basis of destructive interference potential for destructive interference, cates that Bay Shore is -a significant which, it alleged, a station on the new and that the proposed assignment is dia­ manufacturing, wholesale, and retail assignment would cause to its service metrically opposed to the principles business community with 608 businesses, in an extensive area of southern Long underlying the rules adopted in 1962 and six major retail stores and three major Island, with a site only some 41.2 miles 1963 to govern FM assignments. It is industrial plants, serving a shopping from WTFM’s transmitter location in urged that, in particular, we should ad­ population of approximately 100,000 per­ New York City.5 With its opposition here to statements made in 1963, in the sons. Financial support for this com­ WTFM submitted an engineering affi­ third report in Docket 14185, concern­ mercial activity is primarily derived from davit asserting that because of unusual ing the importance of wide coverage by two Bay Shore banks and three Bay conditions in the area—terminal alluvial “central city” FM stations as a means Shore branches of banks located in other morane deposits adjacent to continental of serving expanding metropolitan areas communities. In addition to this com­ rock formations, with extensive water­ (and also to provide wide range stereo mercial activity the following statistics way divisions of varying salinity be­ and auto-radio reception) .* It is also have been presented as to the commu­ tween—the usual FM propagation curves claimed that the impairment of WTFM’s nity’s social and cultural life: 8,733 are not valid here. An Environmental service is particularly undesirable be­ apartments and single dwellings were Science Services Administration (ESSA) cause it already labors under two re­ contained within Bay Shore-Bright- monograph was referred to. The affidavit strictions—reduced radiation to the west waters as of August 1967;3 Bay Shore also contained a map setting forth the required for protection purposes, .and has its own Post Office (consisting of second-adjacent channel interference three stations), 18 churches, 15 commu­ from a station at White Plains, N.Y., re­ nity service groups, 13 cultural and ed­ 4 WTFM lists 14 stations within 20 miles of Bay Shore. These include two FM stations ducing its coverage along the northern ucational groups, 10 fraternal organiza­ and a full-time regional AM (WGLI) and shore of Long Island. tions and several social, athletic, health, daytime AM (WBAB), at Babylon, approxi­ 8. We agree that, in reaching a final welfare, scouting, and veterans groups. mately 4 miles distant; a full-time Class IV decision, the matter of potential inter­ It has seven public elementary, junior, station at Freeport; daytime AM stations at ference deserves more consideration than and high schools with 6,907 students, 308 Hempstead, Huntington, Islip, Mineola, and it was accorded at the proposal stage, in Fatchogue (2); and FM stations at Hemp­ teachers, 60 specialists, and 24 admin­ stead and Patchogue (2). the notice. Nevertheless, it is also clear istrative personnel. These facts convince 5 We also note, though it is not specifically that any new FM assignment consistent advanced as grounds for denial, that a with the rules and providing additional similar situation would exist between the service has at least some degree of merit. 2 The fact that Bay Shore is not an incor­ new station and WNEW-FM, New York City This is particularly true where it would porated entity, of course does not prevent (also second-adjacent-channel, with a provide a first local outlet. A party op­ our assignment of a broadcast facility to it. spacing of 41.7 miles); and to WDRC-FM, See Mercer Broadcasting Co., 13 RR 891, 22 posing such an assignment on the basis Hartford, Conn, (first adjacent channel), of interference therefore has a rather PCC 1009 (1957). 66.5 miles distant compared to the required 3 Brightwaters is an incorporated village 65. All of these aspects of the question are entirely included within Bay Shore. considered below. «FCC 63-735, par. 9; 25 R.R. 1859, 1863-64.

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 »

RULES AND REGULATIONS 535 substantial burden. We cannot conclude 10. We also note WTFM’s argument esthetic and cultural values.9 WGLI in here that this burden has been met. We that it should not be subjected to a third its pleadings demonstrated that it holds point out in this connection that the restriction on its service, in addition to a lease^ from the private owner of the protection standards adopted in 1962, a limitation on radiation to the west and land for the proposed construction, and which served as the basis for the Table of the same type of interference from the a building permit and zoning approval Assignments adopted in 1963, repre­ White Plains station in areas further from the town of Islip, which, it asserts, sented a careful weighing of all of the north. The combined erosion of existing has sole jurisdiction over Kismet Park, factors involved. These included, as to service from a series of grants two or where the proposed tower site is located. second-adjacent channel interference, three channels removed—each of them This, it is asserted, “is as far as it can the factors that such interference occurs itself causing but little interference—was go”; and any further questions should only in a small area around the interfer­ mentioned in the notice of proposed rule be considered at the application stage. ing transmitter, with complete substitu­ making in 1961, concerning new FM as­ WGLI’s local consultant, Aaron B. Don­ tion of the new service for that which is signment rules generally. However, in ner, Esq,,10 has filed a lengthy legal opin­ lost, and with some receivers actually be­ view of the very small impact involved ion which concludes that the proposed ing able to select between signals 400 here, we cannot regard this as reason not site does not fall under the jurisdiction and 600 kc/s removed. On this basis, it to make the new assignment. Protection of the Department of the Interior, but was decided that Class B stations would is a matter of degree, and the proposal that the zoning ordinances of the town be protected against cochannel and first- here is consistent with the balance of Islip control the building of the tower adjacent-channel interference out to a reached in the early 1960’s, as mentioned in question, the location being zoned for distance of 40 miles, Sut that as to second above. We do not find reason to depart commercial use. In a later opinion he and third-adjacent channel interference, from that balance. Nor, for the same rea­ asserts that if the Department" has any the protection standard would be that son, do we consider any interference im­ authority it must be exercised by con­ no station would be permitted to be lo­ pact to Station WDRC-FM, Hartford demnation proceedings. WGLI claims cated at less than that distance. It was (first adjacent channel) reason to with­ that it is questionable whether the Secre­ recognized that this could mean inter­ hold the assignment. It should be noted tary would wish to proceed in this fash­ ference within the 40-mile range from that any suGh interference would fall ion, even assuming he had jurisdiction to stations just outside of it, which would either over the water of Long Island do so (a question which the courts must be very small in extent. This represented Sound or on Long Island, not in Con­ decide). a greater degree of protection than that necticut where WDRC-FM is located. 12. Despite the lengthy discussions of afforded under earlier rules (to the 1 11. Availability and suitability of the this matter in the WGLI and WTFM mv/m contour), or that proposed in the pleadings* including the late-filed mate­ 196 T notice of proposed rule making in proposed site. WTFM asserts that peti­ rial mentioned above, there are certain Docket 14185 on this subject, where it tioner has not met the requirement of aspects of it which are not clear. For ex­ was proposed to protect Class B stations § 73.208(a) (4) of our rules in respect ample, it appears that the building per­ out to 50 miles against cochannel and to demonstrating the availability of a mit which WGLI holds was issued under first-adjacent-channei interference, but tower site for the proposed Channel a zoning ordinance of the town of Islip only out to 25 miles against stations two 276A which meets our minimum mileage adopted in 1967, which was after the es­ or three channels removed.7 tablishment of the Fire Island National -separation requirements. While conced­ 9. In light of the above, the making Seashore. However, this may not be the of the assignment in question here does ing that the Fire Island site specified by ordinance currently governing zoning in not do violence to the basic principles WGLI (Bay Avenue and Oak Street, Kis­ this town (including Kismet Park) ; and underlying the PM assignment Tules. We met Park, town of Islip, Fire Island, N.Y.) we do not know what effect any changes cannot accept, as reason indicating the meets our minimum mileage separation would have on the validity of a preexist­ contrary, WTFM’s rather general state­ requirements to all co- and adjacent- ing building permit.11 We also note that at least under certain circumstances the ments noted above concerning impact ■. channels, it contends, in sum, that the greater than that indicated by tlie rules Secretary will consider requests for ex­ or to service beyond its 1 mv/m con­ site falls under the jurisdiction' of the ceptions and variances, and in certain tour or further than 40 miles- from the U.S. Department of Interior and there­ provisions in a “primer” issued by the Na­ transmitter. Even were they more spe­ fore the National Park Service, as part tional Park Service in connection with cific, they would hardly outweigh the of the Fire Island National Seashore. It the above rules (submitted with one of advantagesk from the new local service further alleges that Public Law 88-587 which may result. We recognize that in­ (1'6 TJ.8.CJ sec. 459(e)) which created 8 The Department and National Park Serv­ terference to two second-adjacent chan­ ice did not file formal comments in this pro­ nel stations is involved, but it must also the park on September 11, 1964, directs ceeding, taut on Nov. 11,1968, the Commission be borne in mind that—-unlike the typical- the Secretary of the Interior to issue reg­ did receive a letter from Mr. R. W. Allen, interference case—most of the area of Acting Assistant Director of the National ulations specifying zoning standards that Park Service, asserting that the site lies interference to them is over sea water. are consistent with the purposes of the within^the boundaries of the National Sea­ The passage from the third report and Act, and that such regulations shall have shore and that section 3 of the Act requires order in Docket 14185, quoted by WTPM the'Secretary to issue regulations specifying and noted in paragraph 7, above, is in­ the object of prohibiting new commercial zoning standards consistent with the purpose apposite,«'since it refers to the impor­ or industrial uses which the Secretary of the Act, and further stating that they considers inconsistent -with the purposes shall have the object of prohibiting new tance of providing maximum height and commercial or industrial uses which the power for central city stations—which of the Act on all property within the Secretary considers inconsistent with that WTPM has—which would be impossible National Seashore. Therefore, it is as­ purpose. It was asserted that the proposed were such stations limited to lesser fa­ serted, since there is no showing that the 318-foot tower is not consistent with preser­ vation of the Island’s esthetic or cultural cilities because of “squeezed-in” sub­ Secretary of the Department or the Park values; therefore it was urged that the “ap­ urban assignments.8 Service have been consulted or that their plication’’ be denied as submitted. A similar approval has been obtained, it cannot letter was received from the Regional Director of the Park Service. 7 See FCC 61-833, pars. 46, 52 (21 R.R. 1655, be found that the site is “available”. 10 Mr. Donner, a Bay Shore attorney, is 1674, 1676); 33 F.C.C. 309, 331-333 (23 R.R. More broadly, it is urged that the con­ asserted to be a specialist in real property 1801,1825-1827). struction, of the proposed tower would be law, associated with the movement for and 8 In any event, it may be open to question in violation of Public Law 88-587, and its. formulation of Public Law 88-587, and having whether WTPM is entitled to claim standing intimate knowledge of the Act’s legislative a central city” station* since it is licensed policy, in that it would conflict with history. w Lake Success, not New York City. the preservation of the Island’s natural 11 See footnote on p. 536.

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 536 RULES AND REGULATIONS

Mr. Donner’s opinion) there are positive herein, and conclude that petitioner has ning would affect, of course, any future answers to various questions which might made a prima facie case as to its right application herein. As far as the alloca­ arise under the Act. In answer to one and authority to construct. Therefore we tions considerations involved here are question it is stated that various com­ .hold that the requirements of § 73.208 concerned, we do not find the situation munities (including Kismet Park) are (a) (4) of our rules have been sufficiently to approach that degree of certainty of excluded from the Fire Island National met for the instant purpose. law which, alone, could warrant the re­ Seashore. Another states that an owner 15. It must be borne in mind that a strictive action of denial at this stage.18 of vacant land inside one of these com­ decision in FM rule making of this type 17. Other matters. The last point munities can build on it as long as he is: Essentially, simply a decision as to raised in opposition by WTFM is that complies with local ; zoning ordinances use of frequencies, that a station using the assignment should not be made in and procedures for obtaining building the proposed assignment, at the commu-. the absence of an eligible interested po­ permits. A third states that property then nity listed or one nearby, represents a tential applicant. WTFM refers to our used for commercial purposes may not better use of the frequency than would proceeding in Docket 18110 (FCC 68- be condemned (other than the one ex­ an assignment on it elsewhere, consider­ 332) which has under consideration inter pected area referred to above, and ing also possible use of adjacent fre­ alia the prohibition of the licensing of beaches,* waters and adjacent access quencies to the extent they may be both a fulltime AM and FM service in lands). Too, we do not have an official precluded. Here, there is no such alterna­ the same market to one entity, and sug­ expression from the National Park Serv­ tive use, or preclusion, to be considered; gests that such a rule makes WGLI ice or the Secretary of the Interior as to if this assignment of Channel 276A is not (a Babylon licensee and the only party what their views are as to the consistency made, the channel could not- be used that has so far expressed an interest) of. a transmitter tower at the proposed anywhere else in this area, and no addi­ ineligible to apply for a Bay Shore as­ location with the purpose of the Act. tional assignments on adjacent channels signment. WGLI responds by alleging 13. We also note the large number of would be available. It is in this context that Bay Shore and Babylon are estab­ letters—almost 200—from persons who that the expression “shown to be avail - lished separate markets, and that there­ reside, visit, or own property on Fire • able” in § 73.208(a) (4) must be applied. fore it would be eligible to proceed with Island, opposing the proposal on essen­ The concept of the rule, as part of rule a Bay Shore application. At this point of tially the same ground urged by making consideration, serves two pur­ course the rules and definition of market WTFM—“commerciâlizing” “scarring poses: It eliminates the need for Com­ to be arrived at as a result of our pro­ ther landscape,” etc. WGLI in reply com­ mission and staff effort in dealing with ceeding in Docket 18110 are purely spec­ ments urges that most of these are from rule making requests which will prove ulative. Any attempt to determine their only summer residents or visitors; but unusable if the assignment is made; and final nature and' scope or the eligibility included are two from mayors of com­ it avoids cluttering the table with assign­ of WGLI as an applicant under them, in munities on Fire Island near Kismet ments which, unusable themselves, none­ this proceeding, would be improper. Park, and numerous presidents of prop­ theless prevent the making of other Furthermore, a rule making proceeding erty-owner associations. One of these assignments as long as they are there. of this type deals with public interest letters is from the chairman of the Fire The second consideration is inapposite questions of determining and balancing Island National Seashore Advisory Com­ here, since there is no impact on other the needs of communities for broadcast mission, created in the Act to advise the possible assignments, and thus no loss in service. Any assignment of Channel 276A ¡Secretary in these matters. Many of allocation flexibility. We find tlje show­ to Bay Shore is solely an FM assignment these letters, like those of the National ing made here as to site availability suffi­ to that community, and in no way deter­ Park Service officials mentioned earlier, cient. As to any jurisdictional question mines who should be the successful ap­ assume that what is involved here i§ an which may exist, as to which govern­ plicant for the station’s license. Too, in application. In reply comments WGLI mental entity has tlie ultimate responsi­ light of the location of the proposed attached a smaller number of letters,’ bility and authority for the regulation of facility (Bay Shore, Long Island, N.Y.), purportedly from year-round residents, the use of the plot of land in question, it is not unreasonable to conclude that stating that they do not object to the it can only be properly and finally deter­ there may be a number of additional proposed tower and some stating that mined by a court of competent jurisdic­ applicants contending for its use.18 the additional service would be desirable. tion. Any attempt by this Commission to 18„ After a careful consideration of all 14. In view of the facts of this situa­ /determine jurisdiction would be an exer­ the material filed in this proceeding arid tion, and the specialized scope of regu­ cise beyond our authority and expertise for the reasons, and holdings set out lation bestowed on this Cohimission by as well as a wasteful use of our processes, above, we have come to the conclusion the Communications Act of 1934, as in that our decision would not be that it is in the public interest to assign amended, we have come to the conclu­ determinative. FM Channel 276A to the community of sion that the only question that this 16. The same considerations apply to Bay Shore, N.Y. Commission can properly decide in re­ the broader argument urged by WTFM 19. Authority for the action taken spect to the availability question is : Has and the informal objectors—that the as­ herein, is contained in sections 4(i), 303, WGLI made a prima facie showing as signment should not be made because it to its right and ability to use the site in and 307(b) of the Communications Act is inconsistent with national policy as of 1934, as amended. question for the construction and opera­ expressed in Public Law 88-587, and that tion of an antenna tower for the pro­ the station would impinge on the un­ posed Channel 276A? In view of the spoiled, natural values of Fire Island. 12 We note that there is a Coast Guard lease and building permit it holdsf in The questions of land use planning and tower less than a mile from the proposed PM accordance with at least the 1967 zoning tower site, taller than the proposed tower. the alleged inconsistency of the proposed Joint use of the Coast Guard tower by any ordinances, we adhere to the position tower with the cultural or esthetic en­ tentatively expressed in the notice successful applicant for the new PM sta­ vironment of the town of Islip or Fire tion would avoid the impact of the construc­ Island can best be determined by the (as tion of a new FM tower on scenic values in 11 According to information received in an the case may be) legislators of the town this part of Fire Island. Hence, we suggest informal inquiry of the National Park Serv­ of Islip or the Department of Interior in that prospective applicants investigate joint ice, the town of Islip adopted a new zoning use of the existing tower. Occasionally the ordinance in 1969, containing the same sort formal proceedings and actions. We wish t6 note again, that our decision is only military . services have permitted such of language as that in § 28.4 of the rules arrangements. adopted by the National Park Service in 1966 in Tespect to allocations. The Secretary 13 WBAB, Babylon, suggests that the as­ concerning the Fire Island National Seashore or the National Park Service, or the in­ signment may have an adverse economic (36 CFR Part 28). This section provides that formal objectors may choose to raise this impact on its AM-FM operation, as well as property within the developed communities matter again in formal pleadings in on other stations in the area. However, no may not be used for the establishment or ex­ economic or financial data are given. We wish pansion of commercial or industrial uses ex­ connection with any application for the channel which may be filed, in that any to reiterate, at this time, our -belief that cept through adoption of an amendment to matters of economic impact are best con­ the applicable zoning ordinance that is satis­ proper Anal determination of the mat­ sidered at the time of application for a factory to the Secretary. ters of jurisdiction and land use plan­ specific license. ,

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 RULES AND REGULATIONS oo7

20. Accordingly, it is ordered, Thatthe F ederal R egister of notice of the areas designated by signs as open to fish­ effective February 20,1970, the FM Table action taken. In the interim, any inter­ ing. Th~se open areas, comprising 5,310 of Assignments in § 73.202(b) of the ested party may file a petition to show acres, are delineated on maps available Commission’s rules is amended by the good cause why such modification should at the refuge headquarters and from the addition of the following entry to read as not be allowed to take effect. office of the Regional Director, Bureau of follows: Notice of this action will be given by Sport Fisheries and Wildlife, Federal City Channel publication in the F ederal R egister. Building, Fort Snelling, Twin Cities, Minn. 55111. Sport fishing shall be in Bay Shore, N.Y------276A At a general session of the Interstate Commerce Commission, held at its office accordance with all applicable State 21. It is further ordered, That thein Washington, D.C., on the 5th day of regulations subject to the following petition of WTFM, Inc., filed in this December 1969. special conditions: proceeding on April 7, 1969, requesting It appearing, that on December 5, ILLINOIS leave to file a supplementary comment, 1969, the Commission entered its report is granted. in this proceeding finding that the sen­ (1) The open season for sport fishing - 22. It is further ordered, That the tence shown below should be eliminated on the Calhoun and Batch town Divisions petition of WGLI, Inc., filed in this from § 1056.4 of Title 49 of the Code of of the Mark Twain National Wildlife proceeding on April 22, 1989, requesting Federal Regulations (formerly num­ Refuge extends from January 1, 1970, the dismissal of WTFM, Inc.’s petition bered as § 276.4 of that title ); through October 15, 1970, with the ex­ (requesting leave to file a late com­ And it further appearing, that the no­ ception of certain designated areas open ment), or requesting leave to file a com­ tice of proposed rulemaking did not re­ until December 31, 1970. ment directed toward the late filed com­ flect such modification as a proposed (2) The open season for sport fishing ment of WTFM, Inc., is denied in respect rule, and that certain parties might be on the Keithsburg Division of the Mark to the dismissal of the WTFM petition prejudiced by lack of proper notice there­ Twain National Wildlife Refuge extends and granted in respect to leave for late of; wherefore: from January 1, 1970 through Octo­ filing. It is ordered, That § 1056.4 of Title 49 ber 15, 1970. 23. It is further ordered, That this of the Code of Federal Regulations be (3) The open season for sport fishing proceeding is terminated. amended by eliminating therefrom the on the Gardner Division of the Mark Adopted: January 8, 1970. sentence, “This section shall apply only Twain National Wildlife Refuge extends where the line-haul transportation is from January 1, 1970 through Octo­ Released: January 12, 1970. performed by a motor carrier.’1- ber 15, 1970. (Secs., 4, 303, 307, 48 Stat., as amended, 1066, It is further ordered, That notice of IOWA 1082, 1083; 47 U.S.C. 154, 303, 307) the amendment be published in the F ed­ (1) The open season for sport fishing F ederal Communications eral R egister. on the Louisa Division of the Mark Commission,14 It is further ordered, That the effective Twain National Wildlife Refuge extends [seal] B en F . W aple, date of the modification ordered herein from January 1, 1970 through Septem­ Secretary. shall be 30 days ¿¿fter the date of pub­ ber 30, 1970, with the exception of areas [FJl. Doc. 70-548; Filed, Jan. 14, 1970; lication of such notice, during which adjacent to the Port Louisa road which 8:47 a.m.] period any interested party may file a are open until December 31, 1970. petition to show cause why such modi­ (2) The open season for sport fishing fication should not be allowed to take on the Big Timber Division of the Mark effect. Twain National Wildlife Refuge extends Title 49— TRANSPORTATION And it is further ordered, That in all from January 1, 1970 through Decem­ Chapter X— Interstate Commerce other respects this proceeding be, and it ber 31, 1970. is hereby, discontinued. Commission MISSOURI By the Commission. I Ex parte MC-19 (Sub-No. 4) ] (1) The open season for sport fishing [ seal] H. Neil G arson, on the Clarence Cannon National Wild­ PART 1056— TRANSPORTATION OF Secretary. life Refuge extends from April 1, 1970 through October 1, 1970, with the excep­ HOUSEHOLD GOODS IN INTER­ [F.R. Doc. 70-591; Filed, Jan. 14, 1970; STATE OR FOREIGN COMMERCE 8:49 a.m.] tion of Bryants Creek which is open from January 1, 1970 through December 31, Accessorial or Terminal Services; 1970. Tariffs Providing Therefor; Packag­ The provisions of this special regula­ ing and Uncrating Charges Title 50— WILDLIFE AND tion supplement the regulations which govern fishing on wildlife refuge areas December 5, 1969. FISHERIES generally which are set forth in Title 50, In the matter of amendment of § 276.4 Part 33, and are effective through De­ General rules and regulations of motor Chapter I— Bureau of Sport Fisheries cember 31, 1970. carriers of household goods. and Wildlife, Fish and Wildlife J ames F . G illett, Notice is hereby given that on this Service, Department of the Interior date the Commission entered its order in Refuge Manager, Mark Twain the above-captioned proceeding, elimi­ PART 33— SPORT FISHING National Wildlife Refuge, nating from § 1056.4 of Title 49 of the Quincy, III. Mark Twain National Wildlife Refuge, ('Ode of Federal Regulations the sen­ J anuary 7, 1970. Illinois, Iowa, and Missouri tence, “This section shall apply only [F.R. Doc. 70-512; Filed, Jan. 14, 1970; wnere the line-haul transportation is The following special regulation is 8:45 a.m .j performed by a motor carrier.” issued and is effective on date of publica­ It is possible that certain parties tion in the F ederal R egister. might be prejudiced by the fact that the PART 33— SPORT FISHING r S 1C* of pr°Posed rulemaking did not § 33.5 Special regulations; sport fishing; such modification as a proposed for individual wildlife refuge areas. Bear River Migratory Bird Refuge, e, the Commission’s order becomes ef- Mark T wain National W ild life R efuge Utah ective 30 days from the publication in Sport fishing on the Mark Twain Na­ The following special regulation is issued and is effective on date of publi­ absentmmiSSi0nerS Johnson and H- Re* Lee tional Wildlife Refuge, Illinois, Iowa, and Missouri, is permitted only on the cation in the F ederal R egister.

FEDERAL REGISTER, V O L 35, NO. 10— THURSDAY, JANUARY 15, 1970 538 RULES AND REGULATIONS

§ 33.5 Special regulations; sport fishing; N. Mex. 87103. Sport fishing extends govern fishing on wildlife refuge areas for individual wildlife refuge areas. from January 1 through December 31, generally which are set forth in Title 50, U tah 1970, inclusive, in accordance with all Code qf Federal Regulations, Part 33, and applicable State regulations subject to BEAR RIVER MIGRATORY BIRD REFUGE the following special conditions: are effective through December 31, 1970. Sport fishing on the Bear River Migra­ (1) The use of boats is prohibited L loyd F . G unther, tory Bird Refuge, Utah, is permitted only below the river control gates at refuge Refuge Manager, Bear River on the areas designated by signs as open headquarters. Migratory Bird Refuge, Brig­ to fishing. These open areas, comprising (2) Fishermen are required to register ham City, Utah. 10 acres, are delineated on maps avail­ at the refuge office upon entering the able at refuge headquarters, Brigham refuge. D ecember 15, 1969. City, Utah, and from the Regional Di­ The provisions of this special regula­ [F.R. Doc. 70-511; Filed, Jan. 14, 1970; rector, Post Office Box 1306, Albuquerque, tion supplement the regulations which 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 539 Proposed Rule Making

occurrences at such times as he deems (h) Major damage to shafts, venti­ DEPARTMENT OF THE INTERIOR necessary. The purpose of the regulations lation, hoisting, or haulage facilities; in this Part 58 is to provide for the im­ (i) Any event or condition involving Bureau of Mines mediate notification of the Bureau of a health or safety hazard which re­ [30 CFR Part 58 1 Mines, Department of the Interior, of the quires the removal of all persons from occurrence of an accident or an event an affected area of the mine except HEALTH AND SAFETY REGULATIONS involving dangerous or potentially dan­ those necessary to eliminate the danger; gerous health and safety conditions in a (j) Any physical event at a mine Notifications of Accidents, Infuries mine in order to afford the Bureau an which causes death or bodily injury to and Other Events opportunity to conduct a prompt investi­ persons other than persons on the mine gation and to provide for the submission property. Notice is hereby given that pursuant to the Bureau of a written report by the to authority vested in the Secretary of § 58.4 Determination as to investigation. the Interior under section 13 of the Fed­ operator in appropriate instances. eral Metal and Nonmetallic Mine Safety § 58.2 Statutory definition of “mine” . Upon notification of an accident, event, or condition described in § 58.3, Act (80 Stat. 782, 30 U.S.C. 732, Supp. (a) The term “mine” as used in the IV) it is proposed to add a new Part 58 the health and safety office shall inform regulations in this part is defined by the operator if an investigation will be to Title 30, Code of Federal Regulations, section 2 of the Federal Metal and Non­ relating to immediate notification to the made and if so, the probable time of ar­ metallic Mine Safety Act (80 Stat, 772, rival of a representative of the Bureau Bureau of Mines of the occurrence of an 30 U.S.C. 731, Supp. IV) as follows: accident involving loss of life or bodily of Mines on the scene. If an immediate (b) "The term 'mine' means (1) an investigation is to be made, the opera­ injury and certain other events involving area of land from which minerals other health and safety conditions in mines, tor shall, to the extent compatible with than coal or lignite are extracted in non­ rescue and recovery work, take appro­ and requiring the submission of an oper­ liquid form or, if in liquid form, are ex­ ator’s report in appropriate instances. priate measures to preserve any evidence tracted with workers underground, (2) which might assist in determining the It is the policy of the Department of private ways and roads appurtenant to cause or causes of the accident, event, or the Interior, whenever practicable, to af­ such area, and (3) land, excavations, un­ condition. ford the public an opportunity to par­ derground passageways, and workings, ticipate in the rulemaking process. structures, facilities, equipment, ma­ § 58.5 Operator’s report. Accordingly, interested persons may sub­ chines, tools, or other property, on the Following the occurrence of an acci­ mit written comments, suggestions, or surface or underground, used in the work dent or event described in § 58.3, if re­ objections with respect to the proposed of extracting such minerals other than quired by the Director of the Bureau of Part 58 to the Director, Bureau of Mines, coal or lignite from their natural deposits Mines or his authorized representative, Washington, D.C. 20240, within 14 days in nonliquid form, or if in liquid form, the operator shall submit a detailed writ­ of publication in the F ederal R egister. with workers underground, or used in the ten report of the accident or event, set­ W alter J . Hic k el, mining of such minerals, except that with ting forth all the pertinent information, Secretary of the Interior. respect to protection against radiation including a description of the steps hazards such term shall not include taken or to be' taken in the future to J anuary 8,1970. property used in the milling of source avoid a recurrence. PART 58— NOTIFICATION OF ACCI­ material as defined in the Atomic Energy Act of 1954, as amended.” § 58.6 Metal and nonmetal mine health DENTS, INJURIES AND OTHER and safety districts and offices. § 58.3 Notification by operator. EVENTS The metal and nonmetal mine health Sec. In order to provide the maximum op­ and safety districts and offices of the 58.1 Purpose and scope. portunity for the Bureau of Mines to Bureau of Mines are as follows: 58.2 Statutory definition of “mine”. conduct prompt and effective investiga­ (a) Eastern District: 58.3 Notification by operator. tions for the purpose of obtaining infor­ 68.4 Determination as to investigation. District Office, 4800 Forbes Avenue, Pitts­ mation relating to health and safety burgh, Pa. 15213 (412) 621-4500. 58.5 Operator’s report. conditions in mines and the causes of 58.6 Metal and nonmetal mine health and (b) North Central District: safety districts and offices. accidents involving bodily injury or loss of life, it is essential that the Bureau be District Office, 321 Federal Building, Duluth, Au t h o r it y : The provisions of this Part 58 notified promptly that a dangerous con­ Minn. 55802 (218) 727-6336. issued under section 13, 80 Stat. 782; 30 U.S.C. 732. dition exists, or that an accident has oc­ curred. Accordingly, the operator of a (c) Southeastern District: § 58.1 Purpose and scope. mine subject to the Federal Metal and District Office, Post Office Box 3417, Birming­ Nonmetallic Mine Safety Act at which ham, Ala. 35205 (205) 325-3289. The provisions of the regulations in any of the following events or conditions (d) South Central District: this part apply to all mines subject to the occur shall notify the nearest of the provisions of the Federal Metal and Non­ health and safety officials which are District Office, Boom 1602, 1114 Commerce metallic Mine Safety Act (80 Stat. 772, Street, Dallas, Tex. 75202 (214) RI 9-3415. 30 U.S.C. 721-740, Supp. IV ). Under the listed in § 58.6, immediately and by the quickest available means : (e) Rocky Mountain District: provisions of that Act the Secretary of the Interior is authorized to cause (a) A fatal accident; District Office, Post Office Box 15037, 1457 investigations to be made for the purpose (b) Any accident in which two or Ammons Street, Denver, Colo. 80215 (303) of obtaining information relating to the more persons are injured; 297-4563. (c) A mine fire; causes of accidents involving loss of life (f) Western District: or bodily injury and health and safety (d) A gas ignition or an explosion; (e) An inundation; District Office, Boom 310, 1440 Broadway, conditions in such mines. The Secretary (f) Any accident involving explosives, Oakland, Calif. 94612 (415) 834-3457. is also authorized to require operators including blasting agents; [F.R. Doc. 70-514; Filed, Jan. 14, 1970; of such mines to submit reports of such (g) The entrapment of any person; 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 No. 10------3 $40 PROPOSED RULE MAKING

Unification of Certain Rules Relating to emphasizing that such action was solely CIVIL AERONAUTICS BOARD International Transportation by Air because of the Convention’s low limits [ 14 CFR Parts 208, 298 1 signed at Warsaw, October 12, 1929 of liability for personal injury or death [Docket No. 21792; EDR-175] (Warsaw Convention), 49 Stat. 3000. The to passengers. As a result of this notice Convention limits the legal liability of of denunciation, various air carriers, for­ AIR TAXI OPERATORS AND airlines to passengers and shippers in eign air carriers and other carriers SUPPLEMENTAL AIR CARRIERS “international transportation,” a term entered into the aforesaid Interim Agree­ defined therein. Most of the transporta­ ment raising the limits of liability for Waiver of Liability Limits Under War­ tion to and from the United States and injury or death of passengers to $75,000 saw Convention by Certain Air Taxi segments of international journeys per­ per passenger. As stated above, this Operators; Modification of Permis­ formed wholly within the United States agreement was approved by the board.* sive Exclusionary Provision in Lia­ are governed by the Convention. Among It is therefore U.S. policy to denounce other things, the Convention creates a bility Insurance Policies of Air Taxi the low limits of liability of $8,290 per presumption of liability on the part of passenger provided in the Warsaw Con­ Operators and Supplemental Air the carrier and limits the carrier’s lia­ vention and to approve the higher limits Carriers bility for death or injury of passengers to of liability of $75,000 per passenger pro­ approximately $8,290, except in the case J anuary 9,1970. vided for in the Interim Agreement. In of a carrier’s wilful misconduct or de­ further implementation of such policy Notice is hereby given that the Civil fault deemed equivalent thereto in which and in view of the growth of traffic on Aeronautics Board has under considera­ case the limited liability is not available air taxis and the increasing use of inter­ tion an amendment to Part 298 of the to the carrier. The Convention further line through ticketing and the growing Economic Regulations (14 CFR Part 298) provides that by special contract the car­ use of commuter type service, the Board which would require certain air taxi rier and the passenger might agree to a believes that international passengers operators, as a condition to the grant of limit of liability higher than the amount traveling on these carriers should have the exemption provided for in § 298.11, set forth in the Convention. the same protection as those who travel to become a signatory to the Interim By Order E-23680, May 13, 1966, the on the certificated air carriers. Thus, we Agreement of carriers raising the limits Board approved an agreement among propose to require certain air taxi opera­ of liability for death or injury to passen­ various air carriers, foreign air carriers tors specified hereinafter, as a condition gers under the Warsaw Convention from and other carriers to increase the limita­ to the grant of the exemption provided $8,290 per passenger to $75,000 per pas­ tions of liability now applicable to claims for in Part 298, to become signatories senger and waiving certain defenses for personal injury and death under the to the Interim Agreement. This would otherwise available to such carriers. Fur­ Convention which was filed with the in effect increase their liability for injury ther, the Board would modify a permis­ Board (Agreement CAB 18900) pursuant or death to passengers in international sive-exclusion of liability provision in to section 412(a) of the Act and Part transportation (as defined in the Warsaw the air taxi rule with respect to insurance 261 of the Board’s economic regulations Convention) from approximately $8,290 policies of carriers so as to make clear (Docket 17325). By this agreement, the per passenger to $75,000 per passenger, that this exclusion would not become parties thereto bound themselves to in­ and would waive certain defenses other­ operative by reason of a carrier’s signing clude in their tariffs, effective May 16, wise available to air taxi operators under a counterpart to the aforesaid interim 1966, a special contract in accordance the Warsaw Convention.5 Agreement. The corresponding permis­ with the Warsaw Convention or the The higher limits of liability under sive exclusionary provision for supple­ Hague Protocol1 providing for a limit of the Warsaw Convention would be im­ mental air carriers in Part 208 (14 CFR liability for each passenger for death, posed upon air taxi operators who (1) Part 208) would also be modified in a wounding, or other bodily injury of are commuter air carriers as defined in similar manner. $75,000 inclusive of legal fees.2 The par­ the part; (2 ) are parties to an interline The principal features of the proposed ties further agreed to provide in their agreement with a certificated air carrier amendments are described in the Ex­ tariffs that the carrier would not, with or foreign air carrier; or (3) carry pas­ planatory Statement below and the pro­ respect to any claim arising out of the sengers in air transportation between posed amendments are set forth in the death, wounding, or other bodily injury any point in the United States and any Proposed Rule below. The amendments of a passenger, avail itself of certain point outside thereof. The rule would are proposed under the authority of sec­ defenses. Most air taxi operators are not require the above classes of air taxi tions 204(a), 401, 403, and 416 of the parties to this agreement.8 As a result, operators to file with the Board's Docket Federal Aviation Act of 1958, as amended, the recovery for claims by or on behalf of Section a signed counterpart to the 72 Stat. 743, 754 (as amended by 76 Stat. persons who are transported in “inter­ Interim Agreement in the form attached 143), 758 (as amended by 74 Stat. 445), national transportation” by air taxi op­ to the notice as Appendix B and to file and 771; 49 U.S.C. 1324, 1371, 1373, 1386. erators would be limited to such carrier’s with the Tariffs Section a simple tariff Interested persons may participate in legal liability under the Warsaw Conven­ embodying the salient features of the the proposed rule making through sub­ tion which would be approximately $8,290 mission of twelve (12) copies of written per passenger. Interim Agreement in the form attached data, views, or arguments pertaining The events leading up to the execution to this notice as Appendix A. thereto, addressed to the Docket Section, of the Interim Agreement among carriers Civil Aeronautics Board, Washington, were as follows: On November 15, 1965, * Order E-23680, May 13, 1966, 31 F.R. 7302, D.C. 20428. All relevant material received the U.S. Government gave notice of de­ May 19, 1966. on or before March 16, 1970, will be con­ nunciation of the Warsaw Convention, 5 Although Part 298 requires each air taxi sidered by the Board before taking final operator to carry liability insurance for pas­ action on the proposed rule. Copies of sengers in an amount of at least $75,000 per 1 The Convention was amended by the Pro­ passenger and for each occurrence in any one such communications will be available tocol signed at The Hague in 1955 which has aircraft an amount of at least equal to the for examination by interested persons in never been ratified by the United States. The sum produced by multiplying $75,000 by 75 the Docket Section of the Board, Room Protocol, subject to certain provisions, pro­ percent of the total number of passenger vides for liability limitations of approxi­ seats installed in the aircraft, these amounts 712, Universal Building, 1825 Connecti­ mately $16,600 as compared to limitations of do not necessarily measure the carrier’s legal cut Avenue NW., Washington, D.C., upon $8,300 in the Convention. liability. To the extent that air taxi opera­ receipt thereof. 2 The limit of liability is $58,000, exclusive tors carry passengers in “international of legal fees and costs. transportation” within the meaning of the By the Civil Aeronautics Board. 3 A number of air taxi operators have al­ Warsaw Convention, and in the absence of ready signed counterparts of the interim becoming a signatory to the Interim Agree­ [seal] H arry J . Zin k , agreement and have raised their minimum ment, the obligation of the carrier to such Secretary. liability for death or injury to passengers to passenger would be governed by the Warsaw Explanatory statement. The United $75,000 per passenger. These carriers for the Convention which provides a limitation most part are parties to interline agreements of liability of approximately $8,290 per States is party to the Convention for the with scheduled route carriers. passenger.

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 PROPOSED RULE MAKING 541

The Interim Agreement provides, inter § 208.13 Authorized exclusions of liabil­ form attached hereto as Appendix A, if alia, that each carrier shall, at the time ity. required by Subpart G of this part. of delivery of the ticket, furnish to each Unless other exclusions are individu­ Provided, however, That any authority passenger whose transportation is gov­ ally approved by the Board, no policy granted in this part to engage in the erned by the Warsaw Convention, and or certificate of insurance required by transportation of mail is limited to the by the Interim Agreement, the notice this part shall contain any exclusion carriage of mail on a nonsubsidy basis; prescribed in such agreement which shall other than the following authorized i.e., on a service mail rate to be paid be printed on (1) each ticket; (2) a exclusions: entirely by the Postmaster General, and piece of paper either placed in the ticket The insurance afforded under this the air taxi operator shall not be en­ envelope with the ticket or attached to policy shall not apply to: titled to any subsidy payment with re­ the ticket; or (3) on the ticket envelope. ***** spect to any operations conducted pur­ Air taxi operators subject to Subpart G suant to any authority granted in this would also be required to post this tariff (c) Liability assumed by the Namedpart. Insured under any contract or agree­ rule in accordance with the requirements * * * * * of §221.175 (14 CFR Part 221). ment, unless such liability would have attached to the Insured even in the ab­ 4. Amend paragraph (b) of § 298.11 to The Board’s proposal to require certain read as follows: air taxi operators to assume a higher sence of such contract or agreement: limit of liability for death or personal Provided, however, That this exclusion § 298.11 Exemption authority. injury to passengers than that provided shall not apply to a carrier’s waiver of liability limitations under the Warsaw Air taxi operators are exempt from the for in the Warsaw Convention, requires a following provisions of title IV of the corresponding amendment of a permis­ Convention by signing a counterpart to the agreement of carriers (Agreement Act: sive exclusion of liability provision with * * * * * respect to ihe insurance coverage re­ CAB 18900), as approved by Board Order quired by Part 298.® Parts 298 and 208 E-23680, May 13, 1966 agreeing to a (b) Section 403, except that the re­ require air taxi operators and supple­ minimum liability for injury or death quirements of that section shall apply mental carriers, respectively, to carry of passengers of $75,000 per passenger, or to (1) tariffs for through rates, fares, liability insurance in the amount of at by agreeing to any amendment or and charges filed jointly by air taxi op­ least $75,000 per passenger subject to amendments to such agreement which erators and certificated air earners; and certain conditions set forth in the rules.7 may be approved by the Board and to (2) tariffs which embody the terms of Each rule contains a standard form of which the holder becomes a party. the Interim Agreement (CAB 18900), ap­ endorsement to the carrier’s insurance * * * * * proved by Board Order E-23680, May 13, policy which has the effect of prescrib­ 2. Amend the Table of Contents of 1966, and any amendment or amend­ ing the insurance company’s permissible Part 298 by redesignating present Sub­ ments to such agreement which may be exclusions from liability. Sections 298.44 part G as Subpart H and adopting a new approved by the Board and to which the holder becomes a party, filed by air taxi (c) and 208.13(c) permit the insurance Subpart G as follows: company to exclude “liability assumed by operators subject to Subpart G of this the named insured under any contract Subpart G— Waiver of Liability Limits Under part, in the form attached hereto as Ap­ or agreement, unless such liability would Warsaw Convention pendix A. With respect to subparagraph have attached to the insured even in the Sec. (1) of this paragraph, Part 221 of the absence of such contract or agreement.” 298.70 Waiver of liability limitations. Board’s economic regulations in this chapter shall be applicable; with re­ The effect of this exclusion would appear Subpart H— Violations to exculpate the insurance company from spect to subparagraph (2 ) of this para­ liability for claims in excess of $8,290, 298.80 Enforcement. graph, Part 221 of the Board’s economic where the Warsaw Agreement would so 3. Amend paragraph (a) of § 298.3 regulations shall be applicable, except to the extent that such regulations are limit recovery, even though the carrier to read as follows: itself was liable under the Montreal inconsistent with the requirements Agreement for claims up to $75,000. Since § 298.3 Classification. herein. this result works at cross purposes with (a) There is hereby established a ***** the policies underlying the Board’s ap­ classification of air carriers, designated 5. Amend § 298.44(c) to read as proval of the Montreal Agreement, it is “air taxi operators” which engage in follows: proposed to amend the rule to except the direct air transportation of passen­ § 298.44 Authorized exclusions of from the permissible exclusionary clause gers and/or property, and/or in the liability. the counterparts to the Montreal Agree­ transportation within the 48 contiguous ment. The proposed rule would correct States, Alaska® or Hawaii of mail by Unless other exclusions are individ­ this deficiency.8 aircraft and which: ually approved by the Board, no policy Proposed rule. It is proposed to amend (1) Do not, directly or indirectly, uti­ or certificate or insurance required by Parts 208 and 298 of the economic regu­ lize in air transportation large aircraft this part shall contain any exclusion lations (14 CFR Parts 208, 298) as (other than turbojet aircraft authorized other than the following authorized ex­ follows: for use by air taxi operators pursuant clusions: ♦ * * * * 1. Amend § 208.13(c) to read asto § 298.21); follows: (2) Do not hold a certificate of public (c) Liability assumed by the named convenience and necessity or other eco­ insured under any contract or agree­ nomic authority issued by the Board; ment, unless such liability would have •Amendment of a similar provision in the (3) Have and maintain in effect lia­ attached to the insured even in the ab­ Insurance policy provisions appUcable to sup­ bility insurance coverage in compliance plemental air carriers in Part 208 is also sence of such contract or agreement: required. with the requirements set forth in Sub­ Provided, however, That this exclusion 7 See §§ 298.43 and 208.12. part D of this part; and shall not apply to a carrier's waiver of 8 Appendix B to Part 298 (CAB Form 262) (4) File with the Board’s Docket Sec­ liability limitations under the Warsaw which is the standard endorsement contains tion a signed counterpart of CAB Agree­ Agreement by signing a counterpart to a similar provision in paragraph 4 (c). If the ment 18900 in the form attached hereto the agreement of carriers (CAB 18900), Board adopts the proposed rule, Appendix B as Appendix B, and a tariff embodying as approved by Board Order E-23680, Part 298 will be modified when the rule is the provisions of the counterpart in the nalized. This also applies to a corresponding May 13, 1966, agreeing to a minimum Provision in the Standard Endorsement ap­ «The authority of air taxis to carry mail liability for injury or death of passen­ plicable to insurance coverage for supple­ in Alaska is limited to the markets where gers of $75,000 per passenger, or any mental air carriers (CAB Form 607 with regular service may be provided under this amendment or amendments to such respect to Part 208). part. agreement which may be approved by

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 542 PROPOSED RULE MAKING

the Board and to which the holder be­ limitations of the Warsaw Convention CAB Form N o._____ comes a party. and Hague Protocol approved by Board Appen d ix B ♦ * * * * Order E-23680 dated May 13, 1966, in AGREEMENT 6. Adopt a new Subpart G to read asthe form attached hereto as Appendix B follows: (CAB F o rm ------), and a signed coun­ The undersigned carriers (hereinafter re­ terpart of any amendment or amend­ ferred to as “the Carriers”) hereby agree as Subpart G— Waiver of Liability Limits ments to such agreement which may be follows: Under the Warsaw Convention approved by the Board and to which 1. Each of the Carriers shall effective the holder becomes a party. As used in May 16, 1966, include the following in its § 298.70 Waiver of liability limitations. conditions of carriage, including tariffs em­ this subpart, “interline agreement” refers bodying conditions of carriage filed by it with Every air taxi operator which: to an agreement between an air taxi any government: (a) Is a “commuter air carrier” as operator, on the one hand, and one or “The Carrier shall avail itself of the limita­ defined in Subpart A of this part; more certificated air carriers or foreign tion of liability provided in the Convention (b) Is a party to an interline agree­ air carriers, on the other hand, whereby for the Unification of Certain Rules Relating ment with a certificated air carrier or the air taxi operator is authorized to to International Carriage by Air signed at a foreign air carrier; or Warsaw October 12th, 1929, or provided in ticket its passengers over the system of the said Convention as amended by the Pro­ (c) Is engaged in the carriage of the air carrier or foreign air carrier and/ tocol signed at The Hague September 28th, passengers in air transportation between or the latter is authorized to ticket its 1955. However, in accordance with Article any point in the United States and any passengers over the system of the air 22(1) of said Convention, or said Convention point outside thereof, taxi operator. as amended by said Protocol, the Carrier agrees that, as to all international transpor­ shall file with the Board’s Docket Section 7. Redesignate existing Subpart G astation by the Carrier as defined in the said a signed counterpart to Agreement CAB Subpart H—Violations, and redesignate Convention or said Convention as amended 18900, an agreement relating to liability § 298.70 as § 298.80. by said Protocol, which, according to the Con­ tract of Carriage, includes a point in the Appen d ix A United States of America as a point of origin, point of destination, or agreed stopping FORM OF TARIFF REQUIRED BY SECTION 298.11(B) place: “ (1) The limit of liability for each passen­ ger for death, wounding, or other bodily (1) CAB No. 1 injury shall be the sum of US $75,000 inclu­ sive of legal fees and costs, except that, in (2) (show carrier’s name) case of a claim brought in a State where pro­ (hereinafter referred to as “the Carrier”) vision is made for separate award of legal fees and costs, the limit shall be the sum of PASSENGER TARIFF NO. 1 US $58,000 exclusive of legal fees and costs. “ (2) The Carrier shall not, with respect to any claim arising out of the death, wound­ Limitation of Liability for Death, Wounding, or Other Bodily Injury ing, or other bodily injury of a passenger, The Carrier shall avail itself of the limitation of liability provided in the Con­ avail itself of any defense under Article 20(1) vention for the Unification of Certain Rules Relating to International Carriage by of said Convention or said Convention as Air signed at Warsaw October 12th, 1929, or provided in the said Convention as amended by said Protocol. amended by the Protocol signed at The Hague September 28th, 1956. However, in Nothing herein shall be deemed to affect the rights and liabilities of the Carrier with accordance with Article 22(1) of said Convention, or said Convention as amended regard to any claim brought by, on behalf of, by said Protocol, the Carrier agrees that, as to all international transportation by or in respect of any person who has willfully the Carrier as defined in the said Convention, or said Convention as amended by said caused damage which resulted in death, Protocol, which, according to the Contract of Carriage, includes a point in the wounding, or other bodily injury of a United States of America as a point of origin, point of destination, or agreed stopping passenger.” place 2. Each carrier shall, at the time of delivery (1) The limit of liability for each passenger for death, wounding, or other of the ticket, furnish to each passenger whose bodily injury shall be the sum of US $75,000 inclusive of legal fees and costs, transportation is governed by the Convention, except that, in case of a claim brought in a State where provision is made for or the Convention as amended by the Hague separate award of legal fees and costs, the limit shaU be the sum of US $58,000 Protocol, and by the special contract de­ exclusive of legal fees and costs. scribed in paragraph 1, the following notice, (2) The Carrier shall not, with respect to any claim arising out of the death, which shall be printed in type at least as wounding, or other bodily injury of a passenger, avail itself of any defense under large as 10 point modern type and in ink Article 20(1) of said Convention or said Convention as amended by said Protocol. contrasting with the stock on (i) each ticket; Nothing herein shall be deemed to affect the rights and liabilities of the Carrier (ii) a piece of paper either placed in the ticket envelope with the ticket or attached with regard to any claim brought by, oh behalf of, or in respect of any person who to the ticket; or (iii) on the ticket envelope: has wilfully caused damage which resulted in death, wounding, or other bodily injury of a passenger. “Advice to International Passenger on Limitation of Liability Issued: ( 3 ) ______:______Effective: (4) “Passengers on a journey involving an ulti­ mate destination or a stop in a country Issued by: other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the (5) (show name and title of carrier’s issuing officer) entire journey, including any portion entirely within the country of origin or destination. (show principal business address) For such passengers on a journey to, from, or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage embodied in applicable (Actual size of above tariff shall be 8y2 by 11 inches with left clear margin of not less tariffs provide that the liability of [certain] than 1 inch) (Tariff shall be prepared by printing or other durable process) [(name of carrier) and certain other] 1 car­ (1) Initial tariff shall be designated CAB No. 1 (subsequent tariffs shall be consecutively riers parties to such special contracts for numbered CAB No. 2, CAB No. 3, etc.) death of or personal injury to passengers is (2) Carrier’s name shall be shown in the same manner as it appears in the signed counter­ limited in most cases to proven damages part of Agreement CAB 18900. not to exceed US $75,000 per passenger, and (3) Show date when tariff is prepared and sent to the Board for filing. that this liability up to such limit shall not (4) Show effective date giving 30 days’ notice (tariff must be received by Board at least depend on negligence on the part of the 30 days prior to effective date shown). (5) The issuing officer shall be a corporate officer, individual owner, or partner. 1 Either alternative may be used.

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 PROPOSED RULE MAKING 543 carrier. For such passengers traveling by a Kauai, Hawaii (22°07'31" Nr, 159°40'16" W .). tation will be limited to a case-by-case carrier not a party to such special contracts Corpus Christi, Tex. (27°39'19" N., 97°22'49" consideration of earth station applica­ or on a journey not to, from, or having an W.). tions, which are expected to be few in agreed stopping place in the United. States Full power operation shall occur only when number. With respect to' the instant of America, liability of the carrier for death spacecraft launched as a part of Project or personal injury to passengers is limited in NASA proposal, we are fortunate in hav­ Apollo are in actual flight. During such oper­ in g extensive operational experience as most cases to approximately US $8,290 or US ation, the carrier shall be fully modulated $16,580. "a background upon which to base our “The names of Carriers parties to such at all times to ensure dispersal of the trans­ mitted power, and transmissions shall not judgement. To date, NASA has operated special contracts are available a t all ticket occur using antenna elevation angles of less on both 2106.4 and 2101.6 MHz at each offices of such carriers and may be examined than 3° above the horizontal plane. Opera­ of its five locations in full conformity on reguest. tion at all other times shall be confined to with the terms of footnote US96 during “Additional protection can usually be ob­ laboratory tests or subdued radiation space­ tained by purchasing insurance from a all of the Apollo flights, with a mean craft tests, subject to the condition that no power of 10 kW and 3600F9 emission. private company. Such insurance is not af­ harmful interference is caused to TV broad­ fected by any limitation of -the carrier’s These frequencies, as well as the author­ liability under the Warsaw^ Convention or cast auxiliary stations. ized bandwidths thereon, lie within a such special contracts of carriage. For further 2. Footnote US96 was modified by a single channel (2093-2110 MHz) desig­ information please consult your airline or subsequent order, adopted September i5, nated in § 74.602(a) as available for insurance company representative.*’ 1965, which added one additional earth assignment to television auxiliary broad­ 3. This agreement shall be filed with the station location, namely": Civil Aeronautics Board of the United States cast stations. The only reported case of for. approval pursuant to section 412 of the Guam, Mariana Islands (13°18'34” N., 144° interference was resolved with the co­ Federal Aviation Act of 1958, as amended, 44'10" E.). operation of the parties involved. All and filed with other governments as required. 3. 'The Commission now has before itother things being equal, there is even The Agreement shall become effective upon less potential for Interference in the new approvals of said Board pursuant to said sec­ a request from the Office of Telecom­ munications Management (OTM) for the proposal since the same power would be tion 412. dispersed over a wider bandwidth and 4. This Agreement may be signed in any Commission’s views with respect to a number of counterparts, all of which shall proposal by the National • Aeronautics again the total emission would be con­ constitute one Agreement. Any carrier may and Space Administration (NASA) con­ tained within the single channel 2093- become a party to this Agreement by sign­ cerning additional use of one of the fre­ 2110 MHz. ing a counterpart hereof and depositing it quencies referred to above, 2106,4 MHz. 6. Section 74.602(a), as now written to with said Civil Aeronautics Board. reflect footnote US96, specifies that 5. Any carrier party hereto may withdraw NASA proposes that this frequency be from this Agreement by giving twelve (12) used with 5000F9 emission and a mean when Apollo spacecraft are in flight, TV months’ written notice of withdrawal to said power of 10 kW as an up-link for track-' auxiliary broadcast stations operating in Civil Aeronautics Board and the other Car­ ing, ranging, and telecommand functions the channel 2093-2110 MHz must accept riers parties to the Agreement. of its expanding general space research any interference experienced from space program at each of the five locations , research earth stations associated with cited in US96. This usage would be in the flight. The Commission would not addition to that provided by US96, which expect to impose a similar restriction on is limited to Project Apollo and which is its licensees with respect to other-than- [F.R. Doc. 70-567; Filed, Jan. 14, 1970; presently time-limited to December, 31, Apollo spacecraft. 8:49 a.m.] 1970. 7 r Commission concurrence in the 4. NASA’s proposal is consistent with NASA proposal would appear to be in the United States planned use of this band public interest, in that existing facilities as expressed in the Commission’s fourth of the Government could be put to more FEDERAL COMMUNICATIONS notice of inquiry in Docket No. 18294 and extensive use in the space research pro­ in the Preliminary Views of the USA for gram while, at the same time, Commis­ COMMISSION the World Administrative Radio Confer­ sion licensees in the same band can be ence for Space Telecommunications protected from harmful interference E 47 CFR Parts 2, 74 ] which were attached to the Commission’s from that expanded space research [Docket No. 18777; FCC 70-2] fifth notice of inquiry in that same program. docket. The fourth notice proposed modi­ 8. Accordingly, pursuant to the au­ g o v er n m en t s p a c e r esea r c h fication of an existing footnote to the thority contained in sections 4 (i) and EARTH STATIONS International Table of Frequency Allo­ 303 of the Communications Act of 1934, cations to read as follows: Limited Access to Frequency Band as amended, the Commission proposes to 356A The bands 1750-1850 and 2025-2110 accommodate the NASA proposal by In the matter of amendment of Parts MHz may also be used for earth-to-space amending Parts 2 and 74 of its rules * and 74 of the Commission’s rules to transmissions, subject to agreement between as set forth below. , Permit continued limited access to the, the administrations concerned and those having services operating in accordance with 9, Pursuant to the applicable proce­ frequency band 1990-2110 MHz for Gov­ the table, which may be affected. dures set forth in § 1.415 of the Commis­ ernment space research earth stations. sion’s rules, any interested person who is 1. On February 3, 1965, the Commis­No adverse comments were filed in re­ of the opinion that the proposed amend­ sion adopted a report and order in sponse to that proposed modification. ments should not be adopted in the form Docket No. 15666 amending Parts 2 and However, in the interest of clarity, that set forth herein may file with the Com­ ,°f. the rules to make provisions for footnote was further modified in the mission on or before February 24, 1970, certain Government space research earth preliminary views to form two footnotes written data, views or arguments setting ations. The terms of those provisions to deal with the two frequency bands forth his comments. Comments in sup­ .er( 116°50’< use of this band. sion, the Commission may also take into 5. If the forthcoming Space Confer­ account other relevant information be­ °ape Kennedy, Fia. (28°28’54" N., 80°34'i ence adopts the U.S. proposal above, it fore it, in addition to the. specific com­ is intended thatvour national implemen­ ments invited by this notice.

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 544 PROPOSED RULE MAKING

10. In accordance with § 1.419 of thethe day on which the prior use occurred. have an adverse effect upon the orderly Commission’s rules, an original and 14 §§ 73.120(e), 73.290(e), and 73.657(e).» planning of station activities in politi­ copies of all statements, views, or com­ As the Commission lias stated, the rule cal broadcast situations. If a licensee is ments filed shall be furnished the was adopted to be afforded a reasonable opportunity Commission. * * * in order to permit orderly planning of to. establish future program schedules in Adopted: January 8, 1970. station activities in political broadcast situa­ the light of his section 315 obligations, he must have some specific knowledge as Released: January 12, 1970. tions (e.g., candidate A might use many hours of time over an extensive period, with his to the extent of those obligations within F ederal Communications ■ rival, B, waiting until the last week to claim a reasonable time after opposing candi­ C ommission,1 his “equal time” and thus taking up a very dates have acquired the right to “equal [ seal ] B en F . WAp l e , considerable part of the station’s hours of opportunities.”, While placing no limita­ Secretary. operation in that last week).2 ' tion on when a candidate must actu­ ally use his “equal time” (but not per­ 1. Amend Part 2, § 2.106, as indicated Having been made aware, by the filing of below: Amend the Table of Frequency a request within 7 days of a specific sec­ mitting unreasonable accumulation of Allocations by inserting a new footnote tion 315 use, of his obligations to accord such “equal time” rights), we believe equal time to opposing candidates on that the licensee should know of his sec­ indicator US.__ in Column 6 for the tion 315 obligations not later than 7 days frequency band 1850-2200 MHz. some date in the future, the licensee would have reasonable, opportunity to after they first arise. This result may be ITS— Government space research earth and would be on notice that he had to defeated, under the present language of stations may be authorized to use the the rule, in a significant number of in­ frequency 2106.4 MHz for earth-to-space make adequate provision in his program transmissions for tracking, ranging and schedule for compliance with such sec­ stances where a licensee permits a sec­ telecommand purposes at only the sites listed tion 315 obligations. The Commission has ond candidate to use equal ^time rights below. Such transmissions shall not cause recognized that, if licensees are not considerably af ter the first candidate has harmful interference to non-Government able to make orderly programing appeared. The problem is becoming an operations. projections, increasingly significant one in view of the large number of multicandidate Golds tone, Calif. (35° 23'20" N„ 116°50'53" * * * some licensees might have a tendency W .). . to avoid, to some degree, the presentation , races. Further, in any instance where a Cape Kennedy, Fla. (28°28'54" N., 80°34'35" of political broadcasts—a tendency which licensee’s obligation to accord equal time MV.). would not serve the public interest.8 , is in dispute, the time expended in seek­ Kauai, Hawaii (22°07'31" N„ 159°40'16" W.). ing a Commission ruling, or judicial re­ Corpus Christi, Tex. (27°39'19" N., 97°22'49" 3. In a case arising in the latter part of view thereof , may well produce a multi­ W.). 1968, in connection with the UJS. sena­ tude of additional equal time requests Guam, Mariana Islands (13°18'34" N., 144°- torial campaign in the State of New York, by other candidates in the event it is 44T 0" E.). the Commission for the first time had oc­ determined that the complaining candi­ 2. Amend Part 74, § 74.602(a), by add­ casion to address itself directly to one date was entitled to equal time. Indeed, ing the following paragraph to footnote specific aspect of this rule under the lan­ where the “equal opportunities” appear­ 1 thereof: guage adopted in 1959.4 This case in­ ance of a second candidate takes place volved a “Section 315 use” by one can­ Additionally, without a specified termina­ shortly before an election the licensee tion date, the frequency 2106.4 Mc/s may be didate bn September 23, 1968. Within 1 may be unable to accord “equal oppor­ assigned at the above named locations for week thereafter an opposing candidate tunity” on a comparable basis to all earth-to-space transmissions for tracking, made a request for equal opportunities candidates in the time remaining before ranging and telecommand purposes in con­ and subsequently appeared on the sta­ the election.7 nection with other-than-Apollo space re­ tion’s facilities on October 13, 1968. This 5. To avoid this clearly undesirable search programs. Such transmissions shall appearance having been previously an­ situation, we propose to amend the Seven not cause harmful interference to TV auxil­ nounced, a third candidate filed a re­ Day Rule to read as follows: iary stations. quest for equal opportunities with the A request for equal opportunities must be [F.R. d 4c. 70-549; Filed, Jan. 14, 1970; station on October 10th or 11th. In these submitted to the licensee within 1 week of 8:48 a.m.j circumstances we held that the request the day on which the first prior use, giving by the third candidate was timely filed rise to the right to equal opportunities, oc­ curred: That where the [ 47 CFR Par! >3 ] within the' language of the Seven Day Provided, however, Rule. As we then stated: person was not a candidate at the time of [Docket No. 18781; FCC 70-42] such first prior use, he shall submit his The rule reads in terms of a request being request within 1 week of the first sub­ SEVEN DAY RULE * submitted to the licensee within 1 week of sequent use after he has become a legally the day on which the prior use occurred; to qualified candidate for the office in question. Notice of Proposed Rule Making have the restrictive effect urged by [the li­ censee],^ the rule would have to be explicitly As revised, this rule would operate not 1. Notice of proposed rule making in worded in terms of the prior first (or initi­ to defeat or eliminate a candidate’s sec­ the above-entitled matter is hereby given. ating use. We therefore can and do decide tion 315 rights but merely to place them 2. With the increasing use of radio and this matter based on the proper construction in a reasonable time frame with refer­ television in political campaigns, the of bur rule.® ence to the date .upon which his rights Commission long ago recognized the ne­ We remain of the view that the present first arose. Any candidate requesting cessity on the part of a licensee to be wording of § 73.657(e) compels this equal opportunities could do so with- aware of its obligations to other opposing construction. ip 7 days after he first acquired such candidates arising from the use of the 4. However, our further consideration station’s facilities by one candidate for of this problem leads us to the view that 7 See, for example, Taft Broadcasting Com­ the same public office. By reason thereof the rule as presently written may well. pany v. Federal Communications Commis­ the Commission on August 7, 1959, sion and United Státes of America, D.C. Cir. Case No. 22445, Oct. 31, 1968. In that case adopted what has become known as the 1 This rule was adopted for CATV systems Taft sought both Commission and there­ “Seven Day Rule” in implementation of in § 74.1113(d) on Oct. 24, 1969. after, judicial review of a section 315 ruling section 315 of the Communications Act of 2 Letter to William S. Green, Oct. 23, 1968, concerning a program broadcast in Septem­ 1934, as amended. This rule reads as 15 FCC (2d) 96. ber 1968. The court’s decision, although ex­ 8 Ibid., pedited, was handed down just 5 days before follows: 4 A prior ruling by the staff in 1962 whichthe election and if all the other presidential A request for equal opportunities must be reached a different result was not appealed candidates had requested “equal time” in submitted to the licensee within 1 week of to the Commission. See In re Herbert Steiner, connection with the complaining candi­ 40 FCC 1087. date’s belated appearance, the licensee prob­ * (I.q., to construe the 7 day period as ex­ ably could not have complied with sue 1 Commissioners Johnson and H. Rex Lee piring on Sept. 30,1968). requests on the comparable bastó required by absent. 8 See footnote 2, supra.' the Commission and section 315.

FEDERAL REGISTER, VOL. 35, NO. 10¿—THURSDAY, JANUARY 15, 1970 p r o p o s e d ru le m a k in g 545 rights by reason of the appearance of Upon consideration of the record in PART 703— GRANTS TO STATES FOR an opposing candidate. However, he the above-entitled proceeding, and of a COMPREHENSIVE WATER AND RE­ could not sit on these rights for an request by the Economics and Finance LATED LAND RESOURCES PLAN­ extended period and decide to assert Department of the Association of Amerr NING them only when still another candi­ ican Railroads on behalf of the Exec­ utive Committee of the Accounting Divi­ Sec. date, having made his timely request, 703.1 Purpose of Part 703. was accorded equal opportunities at sion for the railroads, for an extension of time within which to file written repre­ 703.2 Definitions. a much later date. It is our view that 703.3 Allotments. this proposed revision of the rule would sentations; and good cause appearing: 703.4 Procedures for applications. permit licensees to be able to deter­ It is ordered, That the notice of pro­ 703.5 Contents of applications. mine the extent of their future sec­ posed rule making dated October 7, 1969, 703.6 Federal coordination. tion 315 obligations within a reason­ be modified and it is hereby modified as 703.7 , Annual report and program review. able time after such obligations could follows: 703.8 Program costs and accounting. arise and at the same time considerable (1) That the date for all interested703.9 Payments. persons to file written representations 703.10 Records. flexibility on the part of candidates for 703.11 Reports and publications. public office, having made timely requests containing statements of fact and argu­ 703.12 Nondiscrimination in federally as­ for equal opportunities, to schedule their ment is extended from December 15,1969, sisted programs. appearances at a reasonably later date to January 31,1970; 703.13 Supplemental instructions. And it is further ordered, That in all consonant with their particular cam­ Au t h o r it y : The provisions of this Parj; paign policies. The proviso serves the other respects the Commission’s notice of 7Ô3 issued under sec. 402, 79 Stat. 244; 42 obvious purpose of implementing the proposed rulemaking dated October 7, U.S.C. 1962d—1. “equal opportunities” purposes of section 1969, as modified, remains in full force 315 as to new candidates and still per­ and effect. § 703.1 Purpose of Part 703. mitting as much'reasonable planning as Dated at Washington, D.C., this 29th This part sets forth the regulations feasible on the part of licensees. day of December 1969. - / that apply to Water Resources Council 6. This amendment is proposed pur­ grants to the States for comprehensive suant to authority contained in sections By the Commission, Commissioner water and related land resources plan­ 4(i) and 315(c) of the Communications Walrath. ' ning as authorized by title III of the Act of 1934, as amended. [ seal] H. Neil Garson, . Water Resources Planning Act (Public 7. In accordance with the applicable Secretary. Law 89-80, 79 Stat. 244). The purpose procedures set forth in § 1.415 of the [F.R. Doc. 70-560; Filed, Jan. 14, 1970; of this part is to describe the method of Commission’s rules, interested persons 8:48 a.m.] administration of grants to States to may file comments on or before Febru­ encourage increased : ary 20, 1970, and reply comments on or (a) State participation in Federal- before March 3, 1970. All relevant and State comprehensive watèr and related timely comments and reply comments WATER RESOURCES COUNCIL land resources planning; will be considered by the Commission be­ fore final action is taken in this proceed­ [ 18 CFR Part 703 1 (b) State preparation of plans in ing. in reaching its decision in this light of regional and national plans and proceeding, the Commission may also GRANTS TO STATES FOR WATER AND programs for the development and use take into account other relevant infor­ RELATED. LAND RESOURCES PLAN­ of a State’s water and related land mation before it, in addition to the spe­ NING resources; cific comments invited by this notice. (c) State training of personnel, where 8. In accordance with the provisions Notice of Proposed Rule Making necessary, to develop additional techni­ of §1.419 of the Commission’s rules, an Notice is hereby given that the Water cal planning capability. - original and 14 copies of all statements, Resources Council, under the authority § 703.2 Definitions. briefs or comments filed, shall be fur­ contained in section 402, 79 Stat. 244, 42 nished the Commission. For purposes of administering this U.S.C. 1962d-l, proposes to revise Part Part 703, the following definitions shall Adopted: January 8, 1970. 703 of Chapter VI, Title 18 of the Code of Federal Regulations, as set forth apply: Released: January 12, 1970. below. (a) “Act” means the Water Resources F ederal Communications Part 703 established rules and regula­ Planning Act (79 Stat. 244). Commission,8 tions under which States may apply for (b) “Application” means a document [seal] B en F . W aple, grants frorfi the Water Resources Coun­ submitted by a State for consideration Secretary. cil to carry out comprehensive water and by the Council for a grant. [F.R. Doc. 70-550; Filed, Jan. 14, 1970; related land resources planning on an (c) “Augmented planning” means an 8:48 a.m.] accelerated basis (31 F.R. 14720; 32 F.R. increase in planning of water and re­ 712). . lated land resources undertaken by a In the revised Part 703 below, a number State, measured by increased expendi­ INTERSTATE COMMERCE of substantive revisions have been made tures of non-Federal .funds for compre­ in the light of the Council’s experience hensive water and related land resources with its grant program under title III planning above the expenditure for the COMMISSION of the Water Resources Planning Act, 12-month base period ending June 30, E 49 CFR Part 1201 1 79 Stat. 244, 42 U.S.C. 1962c. The Council 1965. [No. 32153] believes that these revisions will improve (d) “Component” means one of three administration of the program. UNIFORM SYSTEM OF ACCOUNTS major subdivisions of the planning proc­ Interested persons are invited to sub­ ess: (1) General studies or analyses of FOR RAILROAD COMPANIES mit written comments, suggestions or ob­ broad utility süch as of population, eco­ Notice of Extension of Time for Filing jections regarding this proposal to revise nomics, geology, or soils, and inventories Written Representations Part 703 to the Executive Director, Water that are needed in comprehensive plan­ Resources Council, 1025 Vermont Ave­ ning; (2) specialized studies, such as Present: Laurence K. Walrath, Com­ nue NW., Suite 900, Washington, D.C. for water pollution, recreation, water missioner, to whom the matter which is 20005, within 30 days after the date of and sewer programs, and flood control; the subject of this order has been r.e- publication of this notice in the F ederal and (3) plan formulation, including lerred for action thereon. R egister. feasibility studies of specific projects. R euben J . J ohnson, Commissioner Cox concurring and issui (e) “Comprehensive water and related Acting Executive Director, land resources planning” as applied to statement which is filed as part of t Water Resources Council. 0_? docum®nt. Commissioners Johns the State planning effort, means those and H. Rex Lee absent. J anuary 9, 1970. overall activities, investigations, and

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 546 PROPOSED RULE MAKING studies ( 1) necessary for making coordi­ (0) “State” means a State, the District (d) Within 30 days after publication nated decisions relating to the conserva­ of Columbia, Puerto Rico, or the Virgin of the President’s budget each year, the tion, control, management, and use, in­ Islands. Council shall publish a tabulation show­ cluding preservation as well as develop­ (р) “Supplemental instructions” ing the tentative distribution of funds to ment, of water and related land resources means detailed instructions issued (in each State, based on the appropriation (including flood plains, coastal and estu­ accordance with § 703.13) for the pur­ requested by the President for the next arine areas) within a State or a region, pose of amplifying this part and facili­ fiscal year. This publication does not con­ intrastate or interstate in nature; (2) tating grant applications. fer entitlement to such funds; it is simply which consider the potential for all water a preliminary figure that can be used by and related land resources use from the § 703.3 Allotments. the States for budgetary planning standpoint of present and future needs; (a) An allotment oL funds may be purposes. and (3) which include provision for par­ awarded to any State after a written ap­ (e) Before any allotment may be paid, ticipation by all public and private agen­ plication is approved by the Council. a State must submit and obtain Council cies or interests that may affect or be Within limitations prescribed by para­ approval of its application. Commit­ affected by resource management. Such graph (b) of this section,'the Council ments for financial assistance are made planning may include the process of se­ may grant up to 50 percent of the cost only on the basis of an approved applica­ lecting between alternative proposals and of a State’s approved planning program. tion and the availability of funds appro­ may consider institutional changes lead­ The non-Federal funds which comprise a priated by the Congress. ing toward implementation of the se­ portion of the cost of the approved pro­ (f) Because of the need to make funds lected plan. gram shall be eligible to match an allot-, available promptly for use by the States, (f ) “Council” means the Water Re­ ment made from the Council.only to the the Council will recalculate allotments sources Council established by section extent of increases in the non-Federal and distribute funds to the participating 101 of the Water Resources Planning expenditures of the program above those States as soon as possible after July 1 Act. incurred during a “base period” of one each year. (g) “Designated State agency” means year ending June 30,1965. In exceptional § 703.4 Procedures for applications. a permanent agency of a State designated circumstances the Council may approve by State law or, in the absence of such a longer base period. In addition, the (a) New applications. Within 90 days State law, by the Governor to administer base period may be adjusted because after publication of the tentative allot­ and coordinate a State comprehensive some States have different terminating ments for any fiscal year, any State not water and related land resources plan­ dates for their fiscal year, but in no event having a program already approved for ning program and to act as liaison with can the base period terminate after Ju n e, the coming fiscal year and interested in the Council. 30, 1965. Once established, the base level obtaining a grant for the following fiscal (h) “Executive Director” means the of expenditures for such a period is in­ year for comprehensive water and re­ principal executive officer of the Water tended to remain as the base for calcu­ lated land resources planning shall sub- Resources Council. - lating non-Federal funds eligible for mit to the Council an application which (i) “Fiscal year” means a 12-month matching. conforms to § 70.3.5. The detailed pro­ period ending on June 50, unless other­ (b) The funds appropriated pursuant gram of this application may be for one wise specified. to section 301(a) of the Act for any or more years or for a whole planning (j) “Land area of a State” means the fiscal year for grants to States shall be program leading to a completed State land and inland water area of a State allotted among the participating States plan. Budget estimates may be shown as defined and set forth in Table 3 on in accordance with section 302(a) of for more than 1 year, with the under­ pp. 263-264 óf Boundaries of the United the Act as follows : standing that except for the first year States and the Several States, Geological (1) Fifteen percent of the funds in the th^y are only estimates and subject to Survey Bulletin 1212, U.S. Govérnment ratio that the population of each State annual amendment and resubmission Printing Office, Washington, 1966, or re­ bears to the population of all the States, for approval. visions thereof. (2) Fifteen percent of the funds in (b) Annual supplemental applications. the ratio of the land area of the State to During any multiyear period for which (k) “Per capita income of'a State” a program has been approved, each means the average of the most recent the total land area of all the States, 3 years of official U.S. Department of (3) Thirty percent of the funds in the State shall submit by the 90-day dead­ Commerce, per capita income figures foir ratio that the reciprocal of the per capita line each year any substantive amend­ the State. income of a State bears to the sum of ments to the approved program that are proposed, and a budget for the coming (l) “Population of a State” means the . the reciprocals for all the States, and (4) Forty percent of ¿he funds accord­ fiscal year. latest official estimate of the U.S. Depart­ [fi) Renewed applications. When a de­ ment of Commerce available on or before ing to the need for comprehensive water and related land resources planning pro­ tailed program covering more than 1 January 1 preceding the fiscal year for year has been approved by the Council, which funds are appropriated. grams in each State, as determined by the Council. a new application as outlined in §703.5 (m) “Program” means a coordinated (с) In determining the need of a State will be required for any additional set of planning activities designed to ac­ for comprehensive water and related period. complish the best use, development, land resources planning as specified in § 703.5 Contents of applications. management, control, conservation, and paragraph (b) (4) of this section, the A new or renewed application submit­ preservation of the water, and related Council shall consider;' ted by a State for approval shall present land resources of a State in accordance ( 1-) Crucial nature or immediacy of with the criteria enúmerated in section concise statements and, where helpful or water and related land resources prob­ necessary, charts or tabulations convey­ 303 of the Act. A program may be divided lems, into elements, based on geography, politi­ ing information needed by the Council. cal subdivisions, or kind of development, (2) Importance of the contribution of A detailed form for preparation of the and may include appropriate administra­ a State to Federal or Federal-State plan­ application, conforming to the following tion and training of personnel. ning of water and related land resource outline, will be supplied to the applicant. (n) “Related land resources” means use and development in its region, (a) Name of State. that land on which present or projected (3) Specific opportunity for a State to (b) Designated State agency: Name use or management practices cause sig­ make a substantial advance in compre­ the designated State agency, and give nificant effects on the quantity and/or hensive water and related land resources name, title, and address of the chief offi­ quality of the water resource, and that planning, ' cer of the agency. land the use or management of which is (4) Progress toward developing State (c) Authority: Cite the statutory or significantly affected by or depends on staff capability for comprehensive water other authority of the designated agency existing and proposed measures for man­ and related land resources planning, and to administer or perform water and re­ agement, development or use of water (5) Such other factors as the Council lated land resources planning in accor resources. may determine to be relevant. with the Act.

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 PROPOSED RULE MAKING 547

(d) Coordination: lished in compliance with Bureau of the This statement should also indicate the (1) Include assurances that: Budget Circular No. A-95 (July 1969). segments of the total planning program (i) State comprehensive water and (f) Relationship to other State agen­ that are handled by each participating related land resources planning will be cies: Describe how the planning to be agency. in harmony with other planning by the done by the designated and participating (m) Accounting: * Name the State State or any governmental entity within State agencies is related to that to be agencies or officials responsible for re­ the State; done by other State planning and devel­ ceiving, disbursing, and accountirig for (ii) The economic and other relevant opment organizations, such as intrastate Federal Title n i and non-Federal match­ assumptions and projections to be used river basin commissions and authorities, ing funds used in planning. Also, indi­ will be in harmony with those of other and special agencies in the State which cate briefly in what way these accounts planning programs; have particular watershed or river basin will be kept clearly identifiable. (iii) Optimum joint use will be made jurisdictions or functions. This descrip­ (n) Civil rights assurance: Provide as­ of equipment, personnel, and existing tion should also provide for coordination surance that the planning will be con­ data among the various State planning with comprehensive statewide develop­ ducted in compliance with the provisions programs; and ment planning, whether or not súch of title VI of the Civil Rights Act of (iv) Steps taken, and to be taken, by planning receives Federal financial as­ 1964. the State will provide for statewide co­ sistance. (o) Other federal grants to State ordination of comprehensive waiter and (g) Relationship to Federal and Fed­ agencies requested or to be requested for related land resources planning with eral-State planning programs: Describe the fiscal year for which a Federal Title other, comprehensive planning efforts in how the State’s planning work will be n i grant is being requested: Report all accord with section 303(2) of the Act, coordinated with related -work of Fed­ other Federal grants in force, applied and Bureau of the Budget Circular No. eral and ^Federal-State planning pro­ for, or expected to be applied for, by the A-95 (July 1969), including a provision grams. designated State and participating state­ that the Governor of the State will be . (h) Need for augmented planning: wide agencies for water and related land given opportunity to review and com­ Include statements on at least the cri­ resources planning, and for comprehen­ ment on the proposed boundaries of teria set forth in § 703.3(c) (1), (2), (3), sive planning that includes or is related multi jurisdictional planning areas. and (4) to assist the Council in apprais­ to water and related land resources (2) Show also the steps to be taken ing the need for comprehensive water planning for the fiscal year of the grant for coordination of the State program and related land resources planning request. with: among the States for the purpose of al­ (p) Augmentation and proposed (i) Comprehensive statewide planning lotting the 40 percent of Federal title budget: Show the amount of State fund being carried on with assistance of III funds available for distribution on augmentation and supply a proposed grants made under section 701 of the the basis of planning need. budget. In the budget, show the esti­ Housing Act of 1954, as amended (68 (i) Planning procedure: Describe the. mated obligations of both State match­ Stat. 590); under the Land arid Water overall State program for comprehensive ing and Federal Title III funds for each Conservation Fund Act of 1965 (78 Stat. planning for water and related land re­ cost item; the Federal funds requested 897); or under section 314(a) and 314(b) sources development for which a title n i under title i n should not exceed the pre­ of the Comprehensive Health Planning grant is sought, including its expected liminary estimate for the State, fur­ and Public Health Service Amendments duration. Summarize the steps to be fol­ nished by the Council after publication of 1966 (80 Stat. 1180)r for statewide lowed in completing the State plan, pro­ of the President’s budget (see § 703.3 and areawide comprehensive health-1 jected on a year to year basis to the ex­ (d )). A revised budget should be sub­ planning; tent possible. Describe the major steps mitted in connection with any proposed (ii) The work of commissions created in planning, including provisions for ob­ significant change in an approved pro­ under title n of the Act (79 Stat. 244) taining necessary economic projections gram, or change in the method of ac­ insofar as areas in the State are covered and-, other basic data. A flow chart or complishing it. by such commissions; charts depicting the contemplated rate of § 703.6 Federal coordination. (iii) Water pollution control programs ^progress in completing work within the in the State, including those conducted various categories will be helpful. Interagency coordination of actions pursuant to the Federal Water Pollu­ (j) Detailed program: Outline spe­ upon applications for Federal grants to tion Control Act, as amended (75 Stat. cifically the planning program scheduled States for planning which includes water 204), and those developed by the Federal for the coming fiscal year or years for and related land resources shall be ef­ Water Pollution Control Administration which Council' approval is requested. fected in accordance with §§ 701.60(c) as a part of comprehensive, coordinated, Show for each of the several substantive and 701.79(d) of this chapter. joint plans for river basins done in ac­ components of the planning program, § 703.7 Annual report and program cordance with section 201(b )(2) of the for the fiscal year of each annual request, review. Act and as authorized by other acts; an estimate of the budgeted amounts of (a) Report. On or before August 1 of (iv) Comprehensive water and related State and Federal funds to be assigned to each year, each State shall make an an­ land resources planning, relating to eco­ each component. nual report to the Council on its ap­ nomic development planning conducted (k) Available information: Provide within the State in accordance with titles proved planning program, providing information about the nature and extent financial and other information on the Hi, IV, and V of the Public Works and of water and related land resources, the progress during the preceding fiscal year, Economic Development Act of 1965 (79 status of their development, and their in such form and substance as the Coun­ Stat. 552) and in accordance with sec­ economic significance .in the State, to­ tion 206 of the Appalachian Regional cil shall prescribe in supplemental gether with references to available data instructions. Development A ct of 1965 (79 Stat. 5 ); on each of these aspects. (b) Program review. Each State’s pro­ (v) Comprehensive planning for the (l) Current status of planning: De­ development of water and sewer systems gram including its annual report will be scribe the State’s water and related land reviewed annually by the Council. As a in rural areas under the Consolidated resources planning programs as of the inJmers ^ ome Administration Act of consequence of the annual review and beginning of the fiscal year for which a in compliance with sections 303 and 304 1961 (75 Stat. 307), as amended; title III grant is requested, including: (vi) research done under the Water of the Act, the following actions may Resources Research Act (78 Stat. 329). > (1) The water and related land re­ occur: sources being studied. 1104. ParticiPatmg State agencies: List (1) If it appears to the Council that an State agencies administered or co­ (2) The planning activities being the State’s program conforms to the re­ ordinated by the designated State agency conducted, quirements of section 303 of the Act, the na indicate whether each agency will be (3) The planning resources in terms of State will continue to be eligible for a ssisted by Federal funds granted under personnel, equipment, funds and accu­ grant under title III. Hi. Indicate also how coordination mulated data and information, and (2) If, on the other hand, it appears y tne designated agency is related to the (4) The level of development and the that the program no longer complies tate clearing house” agency estab­ progress of the planning program. with the requirements of section 303 in FEDERAL REGISTER, VOL. 35, NO. 10=—THURSDAY, JANUARY 15, 1970 No. 10- 548 PROPOSED RULE MAKING either design or administration, the Ex­ cost of a Federal-State commission to each State in relation to the total ecutive Director shall ascertain all the established under title n of this Act or estimate for that fiscal year. This relevant facts. The State agency desig­ to match Federal funds under any other amount, subject to availability of appro­ nated to administer the program shall federally aided program. priations, shall be paid in advance, be given notice in writing, which notice (6) Ceilings on allowable costs. The adjusted by any excess or deficiencies shall state with particularity the ap­ amount of each cost item that may be in payments for prior quarters, as re­ parent inadequacies of the program and acceptable for Federal matching under flected in information submitted by the shall cite specific requirements of sec­ this Act shall not exceed the actual cash States in accordance with supplemental tion 303, this part, or supplemental in­ outlay from non-Federal sources for that instructions. structions which apparently have not item, or the fair market value of the § 703.10 Records. been met. The State shall be given timely item, whichever is less. opportunity to be heard through the fil­ (7) Expenditures that may qualify as (a) The officers of the State agency, ing of written statements and personal a basis for payment of Federal funds, (i) designated in compliance with section presentations in support of its position. Any funds used by a State for water and 303(3) of the Act, that rëceives funds (3) If the Council shall determine, on related land resources planning may be under the Act, shall be responsible for the basis of all the facts and after rea­ employed to match an allotment under maintaining books of account that sonable notice and opportunity for a title III of the Act, except that funds clearly, accurately, and currently reflect hearing, that the program does not meet used for matching other Federal grants- the financial transactions involving allot­ the requirements of section 303, the State in-aid or other federally aided programs, ments, grants, contracts, and other shall be notified that no further pay­ or funds specifically prohibited by the arrangements financed under the Act ments shall be made under the Act. A Council, may not be used to match allot­ and also transactions financed with copy of such decision accompanied by a ments under title III. Such expenditures funds from other sources. In addition, statement of the supporting facts will be must be reasonable and clearly allocable they shall maintain files of all papers furnished to the State. to the State comprehensive water and necessary to establish the validity of the (4) When the Council is satisfied that related land resources planning effort transactions recorded and their alloca- sufficient adjustments have been made and may include but are not limited to bility to the State comprehensive water in the design and operation of the pro­ expenditures for personal services; train­ and related land resources planning gram, payments to the State will be re­ ing of personnel; fringe benefits; con­ effort. sumed. A copy of such decision shall be sultant fees; equipment, supplies, and (b) Such records, with all supporting furnished to the State. materials; travel of employees engaged and related documents, shall be avail­ able at reasonable times, upon request, § 703.8 Program costs and accounting. in the program; contributed personal services; and payment for information for inspection and audit by representa­ (a) Program costs— (1) Time of in­services. Consultant services are eligible tives of the Council and of the Comp­ currence. (i) Non-Federal matching only to the extent that the development troller General of the United States. funds must be obligated within the fiscal of trained State personnel for compre­ (c) Records relating to each allot­ year of the budget set forth in an ap­ hensive water and related land resources ment and each grant shall be retained proved application to qualify as a basis planning activities is not impaired. and made available.until the expiration for payment of Federal funds. (ii) Detailed standards, listings, and of 3 years after the State agency’s last (ii) Once obligated to a State, Federal descriptions of allowable and unallow­ disbursement of such funds. funds shall remain available to the State able costs are given in Bureau of the ■ § 703.11 Reports and publications. until expended, subject to the provisions Budget Circular No. A-^87, “Principles of § 703.7(b): But the persistence of sub­ (a) The results of each completed seg­ for Determining Costs Applicable to ment of a comprehensive water and stantial annual balances will be con­ Grants and Contracts with State and sidered in determining the relative need related land resources plan, and of the Local Government,’’ May 9,1968. entire plan, shall be stated in a formal for planning, as the Council determines (b) Accounting. Based on generally allotment to the State for subsequent report, to be made available for public accepted standards'and principles, ac­ distribution. Where a central State plan­ years (see § 703.3(c)). counting procedures shall conform to (2) Redistribution of funds. In the ning or coordinating agency exists, such the requirements of Bureau of the Budget reports shall be referred to such agency event that any State fails to make appli­ Circular No. A-87 unless exceptions áre cation for a grant for the current fiscal for any appropriate review before publi­ granted by the Council, and shall cation. year, the grant allotment assigned to include: that State for that year will be retained (1) Itemization of a ll' supporting (b) Appropriate acknowledgment shall as a commitment until April 1, at which records of program expenditures in suffi­ be given in publications, news releases time the commitment to that State will cient detail to show the exact nature, and other media of the Water Resources be withdrawn by the Council and the amount, and reasonableness of each Council’s participation in financing allotment shall be added to the unobli­ expenditure; planning under the Water Resources gated title III balances available to the (2) Maintenance of adequate records, Planning Act. Council. approved by the appropriate official, to § 703.12 Nondiscrimination in federally (3) Rules on the incurrence of plan­ show that all salaries and wages charged assisted programs. ning costs. The' budgetary practices, against the planning program were In order to carry out the provision rules, and policies of the State as authorized; of title VI of the Civil Rights Act of 1964 customarily applied, if in accord with (3) Maintenance of payroll vouchers (78 Stat. 252), no person in the United generally accepted accounting practices, for salaries and wages; States shall, on the ground of race, color, shall govern for costs incurred on an (4) Cross-referencing of each expen­ or national origin, be excluded from par­ approved program, unless the approved diture with the supporting purchase ticipation in, be denied the benefits of, application stipulates a different method. order, contract, voucher, or bill. or be otherwise subjected to discrimina­ (4) Sources of State planning funds. The supporting documents should be tion under any program or activity The sources of a State’s share of the cost endorsed by an official authorized to receiving Federal financial assistance of a program shall have no bearing on approve such expenditures. under the Act. whether or not such costs can be thatched by Federal funds, except that other Fed­ § 703.9 Payments. § 703.13 Supplemental instructions. eral funds or property cannot be used Payments to the. States for carrying As deemed appropriate the Council for matching purposes. out programs approved under § 703.4(c) may amplify the rules and regulations in (5) Use of title III grants for other shall be made according to the following tl\ijs part by means of supplemental m atching. Federal or non-Federal funds procedure: At the beginning of each instructions. allotted to a title III program shall not calendar quarter, the Executive Director [F.R. Doc. 70-564; Filed, Jan. 14, 1970; be used to meet a State’s share of the shall determine the amount to be paid ** 8:49 a.m ]

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 549 Notices

Sec. '24, NVaNE^NW^, SW^NE&NW^, House, Hawthorne, Nev., which was held DEPARTMENT OF THE INTERIOR NW&NW&. on January 29, 1969, and other informa­ T. 14 S., R. 13 E., tion is on file and can be examined at Bureau of Land Management Sec. 19, SE%; Sec. 33, SW^NWi/4. the Nevada Land Office. The public lands [Serial No. A 4447] affected by this classification are located T. 15 S., R. 13 E., within the following described area and ARIZONA Sec. 4, lots 57 through 64 and .65 through 72, inclusive; are shown on a map designated N-1881 in Notice of Proposed Classification of Sec^6, lot 37; the Carson City District Office, 801 North Public Lands for Transfer Out of Sec. 7, lots 57,64, NE&NE&NE^; Plaza Street, Carson City, Nev. 89701, and Sec. 19, lots 45 through 76, inclusive, the Nevada Land Office, Bureau of Land Federal Ownership NE&NW&, SW%NW]4. - Management, Room 3104, Federal Build­ ing, 300 Booth Street, Reno, Nev. 89502. 1. Pursuant to the Act of Septem­ This includes 2,911.30 acres of public ber 19, 1964 (43 U.S.C. 1412) it is land. The overall 'description of the area is proposed to classify the public lands as follows: described below for transfer o u t. of 4. Information concerning the lands Min era l Co u n t y may be received by inquiry or inspection Federal ownership by National Park Sys­ MOUNT DIABLO MERIDIAN, NEVADA tem exchanges or State indemnity lieu of records at the Phoenix District Office, selection. The transfers would be ac­ Bureau of Land Management and Land All of the public lands in Mineral County Office, Bureau of Land Management, not previously classified under the 1964 Clas­ complished by exchange for the Lake sification and Multiple Use Act. Mead National Recreation Area under Federal Building, 230 North First Ave­ authority of- the Act of October 8, nue, Phoenix, Ariz. The area described aggregates approx­ 1964 (16 U.S.C., 460n-460n-9), for Point 5. For a period of 60 days from the imately 1,612,209 acres. Reyes National Seashore under au­ date of this publication, interested par­ 3. The public lands listed below, to­ thority of the Act of September 13, ties may submit comments to the Dis­ gether with any land therein that may 1962 (16 U.S.C., 459c~459c-7), for other trict Manager, Phoenix District, 3041 became public land-due to shoreline re­ National Park System areas under Federal Building, Phoenix, Ariz. 85025. liction, are further segregated from all authority of the Act of July 15, 1968 (16 F red J . W eiler, forms of appropriation under the public U.S.C.A., 460L-22, 1969 Supplement); or State Director. land laws, including the general mining State indemnity lieu selection (43 U.S.C., laws, but not the Recreation and Public 851-2). As used in this order, the term November 26, 1969. Purposes Act (44 Stat. 741, 68 Stat. 173; “public lands means any lands withdrawn [P.R. Doc. 70-513; Piled, Jan. 14, 1970; 43 U.S.C. 869) or the mineral leasing and or reserved by Executive Order No. 6910 8:45 a.m.] material sale laws: of November 26, 1934, as amended, or within a grazing district established pur­ M o u n t D iablo M erid ia n , Nevada suant to the Act of June 28, 1934 (48 [Serial No. N-1881] Those lands on the west shore of Walker Stat. 1269), as amended, which are not NEVADA Lake lying between the centerline of U.S. otherwise withdrawn or reserved for a Highway 95 as depicted on R/W No. N-043867 Federal use or purpose. Notice of Classification of Public Lands and N—053822 and the existing shoreline of Walker Lake, beginning at a point where the 2. Publication of this notice has the for Multiple Use Management centerline intersects the north section line effect of segregating the described lands J anuary 6, 1970. of sec. 17,- T. 11 N., R. 29 E., and ending at a from all forms of appropriation under point where the centerline! intersects the the public land laws, including the min­ 1. Pursuant to the Act of Septem­ north section line of sec. 5, T. 9 N., R. 29 E.; ing and mineral leasing laws, except for ber 19, 1964 (43 U.S.C. 1411-18) and, to and, those lands on the east shore of Walker applications consistent with the classifi­ the regulations in 43 CFR Parts 2410 and Lake lying between the centerline of the cation. 2411, the public lands within the area Southern Pacific Railroad as depicted on described below are hereby classified for R/W No. CC-015259 and the existing shore­ _3 . The lands involved are located in multiple use management. Publication of line of Walker Lake, beginning at a point Pima County, Ariz., and are described where the centerline intersects the north sec­ as follows: this notice has the effect of segregating the described lands from appropriation tion line of sec. 35, T. 11 N., R. 29 E., and Gila and S alt R iver M erid ia n , Arizona ending at a point where the centerline inter­ only under the agricultural land laws (43 sects the south section line of sec. 22, T. 9 N., T. 14 S„ R. 12 E., __ U. S.C. Parts 7 and 9; 25 U.S.C. sec. 334) R. 30 E.; also, those lands described as SW% Sec. 23, NW]4; and from sales under section 2455 of the SW]4, sec. 5, and the Ni/2NW%NWi4, sec. 8; Sec. 24, NW]4SWi4, Ei/2SWi4, Wi/2SEi4; Revised Statutes (43 U.S.C. 1171) and the T. 1N .,R. 33 E. bee 2g, iots l through 16 and 23 through lands shall remain open to all other ap­ 26, inclusive, N%NE%, SE&NE%; plicable forms of appropriation, includ­ The area described aggregates approx­ Sec- 30, lots 9 through 72, inclusive;, imately 2,640 acres plus an undetermined Sec. 34, lots 5, 46, 67, 69; ing the mining and mineral leasing or Sec. 35, lots 65, 66. material sale laws.^with the exception acreage of unsurveyed and relicted lands. T- 15 S„ R. 12 E., contained in paragraph 3. As used herein, 4. For a period of 30 days from date Sec. 1 lots 8 through 11 and 16 through 23, “public lands” means any lands with­ of publication in the F ederal R egister, inclusive; drawn or reserved by Executive Order No: this classification shall be subject to the • Sec. 3, lots 1,2, SW]4NE]4; 6910 of November 26, 1934, as amended, exercise of administrative review and Sec. 4, lots 2, 13 through 28 and 39 through or within a grazing district established 68, inclusive, SW&NE&; ' modification by the Secretary of the In­ pursuant to the Act of June 28, 1934 (48 Sec. 5, lots 5 through 36, inclusive; terior as provided for in 43 CFR 2411.2c. bee 8, lots 10 through 26 and 45 through Stat. 1269), as amended, which are not For A period of 30 days, interested parties 57, inclusive; otherwise withdrawn or reserved for Sec lo, lots l through 8, inclusive, lot 15, may submit comments to the Secretary Federal use or purpose. lots 25 through 36, inclusive, lots 61 of the Interior, LLM, 320, Washington, through 64, inclusive, and lots 67, 69,114; 2. The record showing the comments D.C. 20240. wi/2sEyl0tS 2’ 4’ NW!4NE1/4’ received following publication of a notice Nolan F. K e il , of proposed classification (33 F.R. 246), • SC^i/ ¿ 4’ lots * through 8, inclusive, State Director, Nevada. fi/2SE]4, EfcNWftSB*. SW%"NW% or at the public hearing at the Mineral [F.R. Doc. 70-541; Filed, Jan. 14, 1970; County Court Roorfi, County Court 8^47 a.m.j

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 550 NOTICES

[Nevada Districts 2, 3; California District 2] T. 42 N., R. 24 E„ T. 27 N., R. 18 E., Secs. 1 to 11, inclusive; Sec. 3, sy2; NEVADA. AND CALIFORNIA Sec. 12, NW%; Sec. 4, NW%, S%; Sec. 14, NW%; Sec. 5; Modification of Grazing Districts Secs. 15 to 22, inclusive; Secs. 8 to 10, inclusive; Secs. 27 to 34, inclusive. Sec. 11, Wy2, SE%; By virtue of the authority contained Sec. 13, W%, SE%; in the Act of June 28, 1934 (48 Stat. These areas described aggregate 99,703 Secs. 14 to 16, inclusive; 1269; 43 U.S.C. 315, et seq.), as amended, acres, more or less, of which 95,147 acres, Secs. 23 to 24, inclusive. and pursuant to authority delegated in more or less, are public lands under the 235 D.M. 1.1 (28 F.R. 2535), the bound­ administrative jurisdiction of the Bureau These areas described aggregate 9,320 aries of Nevada Grazing Districts No. 2 of Land Management. acres, more or less, of which 8,131 acres, and 3 and California Grazing District more or less, are public lands under the 2. The following described lands are administrative jurisdiction of the Bureau No. 2 are hereby modified as follows: hereby eliminated from California Graz­ 1. The following described lands are of Land Management. ing District No. 2 and added to Nevada 4. The following described lands are hereby eliminated from Nevada Grazing Grazing District No. 2: District No. 2 and added to California hereby eliminated from Nevada Grazing M o u n t D iablo Merid ia n , Nevada Grazing District No. 2: District No. 3 and added to Nevada Graz­ T. 34 N., R. 19 E„ ing District No. 2: M o u n t D iablo Merid ian , Nevada Sec. 24, E% ; M o u n t D iablo M erid ia n , Nevada Sec. 25, NE%. T. 31 N., R. 20 E., partly unsurveyed; T. 20 N.,R. 26 E„ Sec. 5, W%; T. 37 N., R. 22 E., 6 Sec. 23, SE%; Secs. 1 to 3,10 to 15, 22 to 24, inclusive, and Secs. , 7; 27. Sec. 8, wy2; Secs. 24, 25, 26; Sec. 33, S%; T. 20 N., R. 27 E., Sec. 17, W%; Secs. 3 to 9,17 to 18, inclusive. Sec. 18. Sec. 34, E%, SW%; Secs. 35, 36. T. 21 N., R. 28 E., T. 32 N., R. 20 E., partly unsurveyed; Secs. 1 to 11, 15 to 21, inclusive, and 30. Secs. 5, 6, 7 ,8, inclusive; T. 43 N., R. 25 E., Sec. 25, S%; T. 23 N., R. 30 E„ Secs. 17,18,19, 20; * Secs. 2 to 7, inclusive. Sec. 29, W%; Sec. 35, E %; Secs. 30,31; Sec. 36. These areas described aggregate 28,719 Secs. 1 to 5, Inclusive; Sec. 32, Wy2,SE%. 6 acres, more or less, of which 13,856 acres, T. 33 N., R. 20 E., Sec. , E%; more or less, are public lands under the Sec. 5, ; Sec. 7, E %; Secs. 8 to 17, inclusive; administrative jurisdiction of the Bu- Secs. 6, 7, 8; reau of Land Management. Sec. 9, SW%; Sec. 18, E %; Secs. 20 to 29, inclusive; Secs. 16, 17,18,19, 20, 21; J ohn O. Crow, Sec. 22, W%SE%; Sec. 30, NE%, S%; Secs. 31 to 36, inclusive. Associate Director. Sec. 27, W i/2; Secs. 28, 29, 30, 31,32, 33. T. 44 N., R. 26 E., unsurveyed; [P.R. Doc. 70-542; Piled, Jan. 14, 1970; Secs. 1 to 5, inclusive; 1 8:47 a.m.] T. 34 N., R. 20 E., 6 Sec. 30, lots 3, 4, 7, 8; . Sec. , E%; Sec. 31. Sec. 7, E %; T. 36 N., R. 20 E., Secs. 8 to 16, inclusive; NEW MEXICO Sec. 20, S%, NE%;- Secs. 1 to 29, inclusive; Secs. 21 to 36, inclusive. Modification of Certain Grazing Sec. 30, N%; T. 45 N„ R. 26 E., partly unsurveyed; Sec. 35, NE%; Districts; Correction Sec. 1; Sec. 36,N% ,SE% . 1 8 T. 36 N., R. 21 E„ Sec. 2, lots , , 9, 15 to 19 and 22 to 32, In F.R. Doc. 69-11009 (34 F.R. 14441- Secs. 1 to 12, inclusive; inclusive, S %; 14444), in the issue of September 16, Secs. 11 to 14, inclusive; 1969, the following correction is hereby Sec. 13, wy2; Sec. 15, NE%,S%; Secs. 14 to 23, inclusive; madei Sec. 24, W%; ' Secs. 22 to 27, inclusive; At page 14443, near the bottom of the ' Sec. 25, NW%; Sec. 28, E %; Secs. 33 to 36, Inclusive. first column, within T. 30 S., R. 19 W., Secs. 26 to 35, inclusive. T. 46 N., R. 26 E., partly unsurveyed; immediately following “Secs. 2 to 11, in­ T. 36 N., R. 22 E., • Sec. 1; clusive” add “Sec. 13, WVfe;”-also, im­ Sec. 5, lots 3, 4, S%NW%, SW%;' Secs. 11, 12, 13, 14; Sec. 6; mediately following “Secs. 14 to 23, Secs. 23, 24, 25; inclusive ;”s add “Sec. 24;”. Sec. 7, lots 1,2, 3,4. Sec. 26, E %; T. 37 N„ R. 23 E.( Sec. 34, SE%; J ohn O. Crow, 6 Secs. , 7; Sec. 35; Associate Director. Sec. 18, Ni/2, SW%. Sec. 36. T. 38 N., R. 23 E., T. 47 N., R. 26 E., unsurveyed; J anuary 9, 1970. Sec. 1, lots 1 to 16, inclusive; Secs. 23, 24, 25; Sec. 2, lots 1 to 16, inclusive; ■ [P.R. Doc. 70-543; Filed, Jan. 14, 1970; ^ Sec. 26, NE%; 8:47 a.m.] Sec. 3, lots 1 to 22, inclusive; Sec. 36. Sec. 4, lots 1 to 32, inclusive, and SW%; 6 8 Secs. 5, , 7, ; These areas described aggregate 67,643 [OR 5658] Sec. 9, W%; acres, more or less, of which 66,388 acres, Secs. 17, 18,19, 20, inclusive; more or less, are public lands under OREGON Secs. 29, 30, 31, inclusive; Sec. 32, NE%, wy2. the administrative jurisdiction of the Notice of Proposed Classification of Bureau of Land Management. - T. 38 N., R. 23% E., Public Lands for Multiple-Use Man­ Sec. 1, lots 3 to 6, and 11 to 14, Inclusive; 3. The following described lands are Sec. 2, lots 1 to 12, inclusive. hereby eliminated from California Dis­ agement J anuary 7,1970. T. 41 N., R. 23% E., unsurveyed; trict No., 2 and added to Nevada District Secs. 1, 12; 1. Pursuant to the Act of September 19, No. 3: Sec. 13, Ni/2, SW%. 1964 (78 Stat. 986; 43 U.S.C. 1411-18) T. 41 % N„ R. 23% E., unsurveyed; M o u n t Diablo Merid ia n , Nevada Secs. 25, 36. and to the regulations in 43 CFR Parts T. 41 N., R. 24 E., unsurveyed; T. 28 N., R. 20 E., 2410 and 2411, it is proposed to classify Sec. 4, W %; Sec. 31, SW%. for multiple-use management the public Secs. 5, 6, 7; T. 27 N., R. 19 E., lands described below. Sec. 8, N%, SW%; * Sec. 1, lot 1, SE%NE%, SW%NE%, SE%, 2. Publication of this notice has the Sec. 9, NW%; ^ n e % s w % , s% sw % ; Sec. 18, NW%. Sec. 11, NE%, S%; effect of segregating all public lands T. 41 % N., R,'24 E., unsurveyed; Sec. 29, NE%, S%; described below from appropriation only Secs. 28 to 33, inclusive. Sec. 30, NW%,S%. . under the agricultural land laws (43

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY. 15, 1970 NOTICES 551

U.S.C. chs. 7 and 9; 25 U.S.C. sec. 334) 4. For a period of 60 days from the {O rd e rs] and from sale under section 2455 of the date of publication of this notice in the ADMINISTRATIVE OFFICER AND GEN­ Revised Statutes <43 U.S.C. 1171). The F ederal R egister, all persons who wish lands shall remain open to all other ap­ to submit comments, suggestions, or ob­ ERAL SUPPLY SPECIALIST, GLEN plicable forms of appropriation. As used jections in connection with this proposed CANYON NATIONAL RECREATION in this order, the term “public lands” classification, may present their views in AREA, ARIZ. means any lands withdrawn or reserved writing to the Chief, Division of Lands by Executive Order No. 6910 of Novem­ and .Minerals Program Management and Delegation of Authority Regarding ber 26, 1934 as amended, which are not Land Office, 729 Northeast Oregon Execution of Contracts for Supplies, otherwise withdrawn or reserved for a Street, Post Office Box 2965, Portland, Equipment or Services Federal use or purpose. Oreg. 97208. 1. Administrative Officer. The Admin­ 3. The following public lands were ac­ 5. If circumstances warrant it, a pub­ quired by exchange for the benefit of istrative Officer may execute, approve lic hearing will be held at a convenient and administer contracts not in excess Multiple-Use Management' Programs. time and place which will be announced. The lands are intermingled with lands of $10,000 for supplies, equipment, or After having considered comments re­ services in conformity with applicable previously classified for retention and ceived as a result of this publication and multiple-use management. regulations and statutory authority and any hearing held, the undersigned offi­ subject to availability of appropriations. W il la m ette Merid ian cer will classify the above-described This authority may be exercised by the „ (OREGON 013577) lands, which classification shall be pub­ Administrative Officer in behalf of any lished in the F ederal R egister. T. 19 S., R. 41 E., coordinated area. Sec. 34, SW14. For the State Director. 2. G eneral Supply Specialist. The Gen­ eral Supply Specialist may execute, ap­ (OREGON 018699) I rving W. Anderson, prove and administer contracts not in ex­ Land Office Manager. T. 33 S., R. 18 E., cess of $10,000 for supplies, equipment, Sec. 7, SEi/4SW%, NEJ4«E%, and Sy2SE%. [F.R. Doc. 70-544; Piled, Jan. 14, 1970; or services in conformity with applicable 8:47 am .] (OR 519) regulations and statutory authority and T. 10 S., R. 46 E„ subject to availability of appropriations. Sec. 16, N»/2, SW14, and W ^SE^. Notional Park Service This authority may be exercised by the General Supply Specialist in behalf of A parcel in the E%SE% described as 1 follows: Beginning at a point on the {Order ] any coordinated area. south line of said section, which point ADMINISTRATIVE OFFICER AND PRO­ 3. Revocation. This order supersedes bears S. 87°19' E., 478&7 feet, more or Glen Canyon National Recreation Area less, from the southwest corner of the CUREMENT AND PROPERTY MAN­ SE14SE14, said point being on the 2,100- AGEMENT OFFICER, SEATTLE Order Number 2 dated November 3, 1966 foot elevation contour, U.S.GS. mean and published in the F ederal R egister sea level datum; CLUSTER, NORTHWEST REGION of December 3, 1966. Thence, along said contour by the follow­ Delegation of Authority Regarding (National Park Service Order No. 34 (31 F.R. ing courses and distances: N. 19°51' E , Execution of Contracts and Pur­ 4255) as amended; 39 Stat. 535; 16,t U.S.C., 138.5 feet; N. 11*47' W., 67.1 feet; n ! sec. 2; Southwest Region Order No. 4 ?31 F R 00° 15' E., 288.6 feet; N. 32° 17' E., 235 chase Orders for Supplies, Equip­ 8134)) feet; N. 11°38' W., 134.9 feet; N. 63°57' ment, or Services W-, 103 feet; N. 34° 04' E., 161.2 feet; N. Dated: December 19,1969. 26°06' W., 121.5 feet; N. 65°33' W., 117.8 1. Administrative Officer. The Ad­ feet; N. 77° 13' E„ 246.1 feet; N. 40°03' E ministrative Officer, Seattle Cluster, may C. E. J ohnson, 109.2 feet; N. 12*47' E., 28.8 feet, more execute, approve, and administer con­ Superintendent, Glen Canyon or less, to a point on the north line of National Recreation Area. said SE%SE^4 said point being S. 87*12' tracts not in excess of $50,000 for sup­ E-, 761.43 feet from the NW corner plies, equipment, or. services in con­ [F.R. Doc. 70-546; Filed. Jan. 14, 1970; of said SE^4SE54; N. 12°47' E., 274.44 formity with applicable regulations and 1 8:47 a.m.j feet; N. 43*16' E., 99.2 feet; N. 24*58' E statutory authority and subject to the “ ®£,feet; N- 03 °08' w - 103.7 feet; N. availability of appropriations. This au­ 60 56 E„ 92.5 feet; N. 24*54' E., 220 3 thority may be exercised by the Adminis­ 08°04' 66.3 feet; N. 32*59' E„ trative Officer in behalf of any unit for DEPARTMENT OF AGRICULTURE ¿08.4 feet, more or less, to a point on the east line of said section, which point which the Seattle Cluster provides ad­ Office of the Secretary bears s . 00*13' W„ 186.60 feet from the ministrative services. quarter comer common to secs. 16 and 2. Procurement and Property Manage­ MEAT IMPORT LIMITATIONS 15, said T. and R.; ment Officer. The Procurement and Prop­ First Quarterly Estimates t ° °°13' E„ 186.60 feet to the erty Management Officer, Seattle Cluster, northeast comer of said N E^SEti; may execute, approve, and administer Public Law 88-482, approved Au­ Thence west alopg the north line thereof contracts not in excess of $50,000 for gust 22,' 1964 (hereinafter referred to as NEy1sE\ :nor0w'est °°mer sald supplies, equipment, or services in con­ the A ct), provides for limiting the quan­ “ one the west line of said formity with applicable regulations and tity of fresh, chilled, or frozen cattle statutory authority and subject to the meat (TSUS 106.10) and fresh, chilled, Se IS eV e SW °°rn£r oi said availability of appropriations. This au­ or frozen meat of goats and sheep, ex­ cept lamb (TSUS 106.20), which may be Thof^ginmng9, E" 478-47 fe6t to the point thority may be exercised by the Procure­ ment and Property Management Officer imported into the United States in any (OR 876) calendar year. Such limitations are to be 37 e in behalf of any unit for which the T -12 S., R. ., imposed when it is estimated by the Sec­ s ^ 35, NE*4SE»4 and S%BE%. Seattle Cluster provides administrative 13 S., R. 37 e .( retary of Agriculture that imports, of services. such articles, in the absence of limita­ Sea n d S % 2 ^ * ' SW1/4NEx/4, Sy2NWi4, (National Park Service Order No. 34 (31 f r tions during such calendar year, would 4255), as amended; 39 Stat. 535, 16 U SC equal or exceed 110 percent of the esti­ (OR 1X12) sec. 2) mated quantity of such articles, pre­ 44 e ^ 13 S., R. ;., Dated: July 25, 1969. scribed by section 2(a) of the Act. Sec. 8, W^SW^SW^; In accordance with the requirements Sec. 17, J ohn A. R utter, of the Act, the following first quarterly Regional Director, estimates are published: scribed w l l5inds 1x1 th© areas de- Northwest Regional Office. acre^ aggregate approximately 1,472 1. The estimated aggregate quantity [F.R. Doc. 70-545; Filed, Jan. 14, 1970; of such articles which would, in the ab­ 8:47 a.m.] sence of limitations under the Act, be

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 552 NOTICES

imported during calendar year 1970 is 3-(4-BROMO-3-CHLOROPHENYU-T - 1,061.5 million pounds. METHOXY-1 -METHYLUREA FEDERAL COMMUNICATIONS 2. The estimated quantity of such ar­ ticles prescribed by section 2 (a) of the Notice of Establishment of Temporary COMMISSION Act during the calendar year 1970 Is Tolerance for Pesticide Chemical 998.8 million pounds. [Report 474] Since the estimated quantity of im­ Notice is given that at the request of the CIBA Agrochemical Co., Vero Beach, COMMON CARRIER SERVICES ports does not equal or exceed 110 per-- INFORMATION 1 cent of the estimated quantity prescribed Fla. 32960, a temporary tolerance is by section 2(a) of the Act, limitations for established for negligible residues of the Domestic Public Radio Services the calendar year 1970 on the im porta­ herbicide 3- (4-bromo-3-chlorophenyl) - Applications Accepted for Filing 2 tion of fresh, chilled, or frozen cattle 1 -methoxy- 1 -methylurea in or on the meat (TSUS 106.10) and fresh, chilled, raw agricultural commodity wheat J anuary 12, 1970. or frozen meat of goats and sheep (TSUS (grain and straw) at 0.2 part per million. Pursuant to 1.227(b)(3) and 21.26 106.20), are not authorized to be im­ The Commissioner of Food and Drugs (b) of the Commission’s rules, an appli­ posed pursuant to Public Law 88-482 at has determined that this temporary tol­ cation, in order to be considered with this time. erance will protect the public health. any domestic public radio services appli­ A condition under which this tempor­ cation appearing on the attached list, Done at Washington, D.C., this 12th ary tolerance is established is that the must be substantially complete and day of January 1970. herbicide will be used in accordance with tendered for filing by whichever date is Clifford M. H ardin, the temporary permit issued by the U.S. earlier: (a) The close of business 1 busi­ v Secretary of Agriculture. Department' of Agriculture. Distribution ness day preceding the day on which will be under the CIBA Agrochemical Co. [F.R. Doc. 70-566; Filed, Jan. 14, 1970; the Commission takes action on the pre­ ^ 8:49 a.m.] name. — ^ viously filed application; or (b) within This temporary tolerance expires Ja n ­ 60 days after the date of the public uary 7, 1971. notice listing the first prior filed appli­ This action is taken pursuant to pro- cation (with which subsequent applica­ DEPARTMENT OF HEALTH, EDU­ visiohs of the Federal Food, Drug, and tions are in conflict) as having been Cosmetic Act (sec. 408(j), 68 Stat. 516; accepted for filing. An application which CATION, AND WELFARE 21 U.S.C. 346a(j)) and under authority is subsequently attended by & major delegated to the Commissioner (21 CFR change "will be considered to be a newly Food and Drug Administration 2 .120). . filed application. It is to be noted that the cutoff dates are set forth in the MALATHION Dated: January 7,1970. alternative—applications will be entitled Notice of Establishment of Temporary R. E. Duggan,- to consideration with those listed in the Tolerance for Pesticide Chemical , Acting Associate Commissioner appendix if filed by the end of the 60- for Compliance. day period, only if thè Commission has Notice is given that at the request of [F.R. Doc. 70-538; Filed, Jan. 14, 1970; not acted upon the application by that the Stored-Product Insects Research 8:47 a.m.] time pursuant to the first alternative Branch, Market Quality Research Divi­ earlier date. The mutual exclusivity sion, Agricultural Research Service, U.S. rights of a new application are governed Department of Agriculture, Hyattsville, by the earliest action with respect to Md. 20782, a temporary tolerance of 8 CIVIL SERVICE COMMISSION any one of the earlier filed conflicting parts per million is_established for resi­ applications. dues of the insecticide malathion in or PROFESSORS, NAVAL POSTGRADU­ The attention of any party in interest on the raw agricultural commodity ATE SCHOOL, MONTEREY, CALIF. desiring to file pleadings pursuant to stored shelled almonds. The Commis­ Manpower Shortage; Notice of Listing section 309 of the Communications Act sioner of Pood and Drugs has determined of 1934, as amended, concerning any that this temporary tolerance will pro­ Under the provisions of 5 U.S.C. 5723, domestic public radio services applica­ tect the public health. th e Civil Service Commission found a A condition under which this tempo­ manpower shortage on November 17, tion accepted for filing, is directed to rary tolerance is established is that the 1969, for positions of Assistant Professor § 21.27 of the Commission’s rules for insecticide will be used in accordance and higher at the Naval Postgraduate provisions governing the time for filing with the temporary permit issued by the ^School, Monterey, Calif., in the academic and other requirements relating to such U.S Department of Agriculture. Distri­ fields of Social Sciences, Public Admin­ pleadings. bution shall be under the American: istration, Business Administration and Cyanamid Co. name. Management (limited to persons holding F ederal C ommunications This temporary tolerance expires Ja n ­ Ph. D. degrees and having experience at Commission, uary 5,1971. the college level in teaching or the ad­ [ seal] B e n F . W aple, This action is taken pursuant to pro­ ministration of educational programs) r~ Secretary. visions of the Federal Food, Drug, and Assuming other legal requirements are Cosmetic Act Ksec. 408(j), 68 Stat. 516; met, appointees to these positions may 1 All applications listed in the appendix are 21 U.S.C. 346a(j)) and under authority be paid for the expense of travel and subject to further consideration and review delegated to the Commissioner (21 CFR «id may be returned and/or dismissed if not transportation to first post of duty. ’ound to be in accordance with the Com- 2 .120). U nited S tates Civ il S erv­ nission’s rules, regulations, and other Dated: January 5,1970. ice Commission, requirements. . 2 The above alternative cutoff rules apply [ seal] J ames C. Sp r y , ít. E . Duggan, bo those applications listed in the aPPen/* * Acting Associate Commissioner Executive Assistant to as having been accepted in Domestic Pub 1 for Compliance. the Commissioners. [¿and Mobile Radio, Rural Radio, P oint-to- [F.R. Doc. 70-537; Filed, Jan. 14, 1970; .[F.R. Doc. 70-555; FileC Jam 14, 1970; Pqint Microwave Radio, and Local Televis 8 :47 a.m.] 8:48 a.m.} Transmission Services (Part 21 of the rules).

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 Ap p e n d i x FOINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIERS)— Continued A pplications A c c e p t e d f o r P il in g 3674- C1-MP-70—-Continental Telephone Company of California (KMZ88), Modify C.P. to DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE change frequencies 10,915, 11,155 MHz to 11,345 and 11,585 toward passive reflector near File NOi, applicant, call sign and nature of application Wrightwood, Calif., and from passive reflector toward Victorville, Calif. Location: Lot 24 Evergreen Road, Wrightwood, Calif. 3l 23: <^~P~7° ~ United TelePhone Co. of Florida (KIM901), C.P. to change present system 3675- Cl—MP—70—Continental Telephone Company of California (KNL83), Modify C.P. to. Frequency: 152.72 MHz. Location: 21 North Lake Avenue, Avon Park Fla to change frequencies 11,445, 11,685 MHz to 10,815 and 11,055 MHz toward passive reflector 3665-C2-p-70—-HHnois Bell Telephone Co. (KSA748), C.P. for an additional’channel to near Wrightwood, Calif., and from passive reflector toward Wrightwood, Calif. Loca­ Springfield nT iteqUency 152 60 MHz at locatlon No- 1: 2320 West Lawrence Avenue, tion: 16461 Mojave Drive, Victorville, Calif. 3676- Ci-P/i^70-M ichIgan Bell Telephone Co. (New), C.P. and license for new station. 36™ r P" (3)K70~iW1SCOnSln Telephone Co* (KSA210), C.P. for additional facilities to Frequency 6415 MHz toward Detroit, Mich. Location: 2000 Second Avenue, Detroit# Mich. operate on base frequencies 454.400, 454.475, 454.600 MHz at location No. 1: 722 North Broadway, Milwaukee, Wis. 3677- C1-P-70—The Mountain States Telephone & Telegraph Co. (KOV63), C.P. (to add frequencies 6241.7 and 6360.3 MHz toward White Tank Mountain, Ariz. Location1 228 36mrt?e2r 3^pIS77H0USt0Il M0bilf0ne’ Inc* (KKA343)> Modification of C.P. to replace trans- West Adams Street, Phoenix, Ariz. Vernon Stre^HoustonfTex. ire<*uenc^ « 4-°* at station iocated at 4212 Mount 3678- C1—P-70—The Mountain States Telephone & Telegraph Co. (KPN85), C.P. to add 3668*-C2-MP-70—Houston Radiophone Service (KKA344), Modification of C P to replace 5989.7, 6108.3 MHz toward Phoenix, Ariz., and 5989.7, 6108.3 MHz' toward Oatman Mountain, Ariz. Location: White Tank Mountain— 8 miles west-southwest of Waddell vinC s "ee?Stton°?ef “ 45410 ** Stotl°n locatel ** 4212 Ariz. ’ 3669-C2-MP-70—Radio Dispatch, Inc. (KLB701), Modification of C.P. to replace trans- 3679- C1—P-70—The Mountain States Telephone & Telegraph Co. (KPN84), C.P. to add frequencies 6241.7 and 6360.3 MHz toward White Tank Mountain, Ariz. Location: Oat­ i S £ er+°?eraiine xt11 baSe frequency 454 20 MHz change control frequency to *75 48 MHz at location No 2: 4212 Mount Vernon Street, Houston, Tex. Also change repeater man Mountain—5 miles east-southeast of Montezuma, Ariz. taK,uenoy to: 72,02 MHz at location No. 1 : orchard street and Highway No. 36, B o S r g ! 3680- C1—P-70—South Central Bell Telephone Co. (New), C.P. for new station on frequencies 11,405 and 11,565 toward Vienna, La. Location: 200 North Bonner Street, Ruston, La. Sm0la. 0o” i nc" doln8 business as Radio Dispatch Service Oo. (KIA334),' 3681^ 3 7 ^ 70—SOUth Central Bel1 Telephone Co. (KTF73), C.P. to add frequencies 10,955 Consent to assignment of license from: E. Smola Co., Inc., doing business as Radio and 11,115 MHz toward Ruston, La. Location: 2.9 miles northeast of Vienna, La. Dispatch Service Co. Assignor to: RCC of Virginia, Inc., Assignee 3707- C2-P-70—-VVestern California Telephone Co. (New), C.P. for a new 1-way station 3509- C1-P-70—American Telephone & Telegraph Co. (KGH26), C.P. to add frequency 3730 MHz toward Faulkner, Md. Location: 1.1 mile south-southeast of Waldorf, Md. - 152 84 MHz 00 San JOSe Avenue’ Los Gatos> Calif., tp operate on base frequency 3510- C1-P-70—American Telephone & Telegraph Co. (KGN87), C.P. to add frequency 3770 NOTICES 3708- C2-P-70—L. J. Galentin, doing business as Contact of Texas (New), CJ> for a new MHz toward Waldorf, Md. Location: 0.5 mile southwest of Faulkner, Md. 1-way station to be located at Comanche Peak, El Paso, Tex., to operate on base frequency 152.24 MHz. operate on Dase 3710- C1-P-70 The Pacific Telephone & Telegraph Co. (KMN91), C.P. to add frequencies 3770 and 3850 MHz toward Walpert Ridge, Calif. Location: 95 Almaden Avenue San 3709- C2-p-70—South Central Bell Telephone Co. (KKM580), C.P. to add isolators to exist­ Jose, Calif. ing transmitters at station located at 248 East Capitol Street, Jackson, Miss. 3711- C1-P-70—The Pacific Telephone & Telegraph Co. (KTG20), C.P. to add frequencies Major Amendment 3730, 3810 MHz toward San Jose, Calif., and toward Oakland, Calif. Location: Walpert Ridge, 3.7 miles east-southeast of Hayward, Calif. 3344-C2-P-70—Central Telephone Co. (KOT213), Amend application to show location • Approximately 3 miles southwest o.f Fort Dodge. All other particulars remain same as 37i«7«1~P_70—The Pacific Telephone & Telegraph Co. (KMQ36), C.P. to add frequencies reported in Public Notice No. 470 dated Dec. 15,1969. remain same as 3770, 3850 MHz toward Walpert Ridge, Calif. Location: 1587 Franklin Street, Oakland , Calif. * \ Corrections Major Ajnendment 3286-C2-P-70 Reservation Telephone Cooperative (New), Correct to read: C.P. for a new 1664r-Cl-ML-70—Golden West Telephone Co. (KNK51), Change frequencies on path toward 469 dated Dec 8A1969her particulars to remain the same as reported in Publiq Notice No. Big Maria Mountain, Calif., from 6197.2 and 6315.9 MHz to 6212.0 and 6330.7 MHz. All other particulars same as reported in Public Notice Report No. 468 dated Dec. 1, 1969. 35i 3_C2r P~7° Walter L. Peden, Jo Ann. Wolfe Peden, and J. E. Wolfe doing business as Cieveland Mobile (New), Correct to read: Cleveland, Miss. All other particulars to re­ The following renewal applications accepted for the term Feb. 1, 1970, to Feb. 1, 1971: main the same as-reported in Public Notice No. 473 dated Jan. 5,1970. United Tfelephone Co. of Ohio. 3387-C2-p- (2 )-70—kidd’s Communications! Inc. (KMA257), Add repeater freauencv 75 72 KQH49 Temporary-Fixed. KQL22 Marysville, Ohio. No 47?

FEDERAL RZGiSTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 554 NOTICES

p o in t - to - p o in t m icrow ave radio ser v ice (n o n teijEp h o n e ) —continued Unit Load Council” to promote the use 3684— C1—P—70—Eastern Microwave, Inc. (KPP81), C.P. to change location of station to 0.2of the “unit load concept” in the United mile northwest of Gouverneur, N.Y., at latitude 44°20'38" N., longitude 75°29'19" W. States and in international trade. Mem­ Frequencies 5960.0, 6019.3, and 6078.6 MHz on azimuth 47°42' toward Potsdam, N.Y. (In­ bers shall cooperate in collecting and formative: Applicant is proposing a rerouting of its existing microwave -service which exchanging technical information; by goes from Blue Hill to Potsdam, N.Y., via Ogdensburg, N.Y.) providing spokesmen and written ma­ 3685— Cl—P/Lr-70—United Video, Inc. (New), C.P. and license to operate (4) transmitters terials on the inland, ocean, insurance, for provision of a video service within the States of Illinois, Missouri, and Oklahoma pur­ packaging and handling sectors of unit suant to section 21.707 of^the Commission’s rules. load transportation; by joint institu­ 3686— Cl—P—70—American Television Relay, Inc. (KGC90), C.P. to add new point of com­ tional-type advertising; by seminars, munication at Deming, N. Mex. Location: Aden Hills, 19.3 miles southwest of Las educational and training programs, and Cruces, N. Mex., at latitude 3 2 °1 1 W ' N„ longitude 107°05'33" W. Frequencies 5960.0 ami other methods of instruction of shippers, 6019.3 MTTg: on azimuth 283°03'. (Informative: Applicant proposes to provide the tele­ stevedoring firms, sales personnel of the vision signals of KTLA and KTTV of Los .Angeles, Calif., to Sun Cable TV in Deming, Council and others in the transportation N. Mex.) ' industry; and shall be free to exchange 3687— Cl—P—70—KHC Microwave Corp. (New), C.P. for a new station 1.2 miles northeast of Mossville, La., at latitude 30°15'30'' N., longitude 93°17'33'' W. Frequencies 5960.0 and among themselves information as to 6019.3 met* on azimuth 94°31'. (Informative: Applicant proposes to provide the tele­ comparative costs involved in the unit vision signals of KHTV(TV) and KUHT(TV) to Roanoke, La. This application replaces load concept. The members shall not that portion of application File No. 399-C1-P-68 which was deleted.) discuss or agree to take any joint action regarding rate making. Western Tele-Communications, Inc.: 3688— 01—ML-70, (KSQ32) 3694r-Cl-ML-70, (KPS68) 3700-C1-ML-70, (KPQ43) The above parties shall be regular 3689— Cl-ML-70, (KPT21) 3695-C1-ML-70, (KPY90) 3701-C1-ML-70, (KPV60) members of the agreement. Other par­ 3690— C1—ML-70, (KOC42) 3696-C1-ML-70, (KSQ33 ) 3702-C1-ML-70, (KPR99) ties may be admitted as regular members 3691— Cl—ML-70, (KZA87) 3697-C1-ML-70, (KSQ41) 3703-C1-ML-70, (KSQ30) with the concurrence of at least three- 3692— Cl—ML-70, (KVU91) 3698-C1-ML-70, (KSV37) 3704-C1-ML-70, (KSQ29) fourthsnf the regular membership. Asso­ 3693— Cl—ML-70, (KPJ36 ) 3699-C1-ML-70, (KPJ37) ciate members, including but not limited Modification of licenses for authority to provide service to certain radio station affiliates to truckers, railroads, and port authori­ of The Intermountain NetWork, Inc., in Ogden and Logan, Utah; in Jackson, Wyo.j in ties may be admitted with the concur­ Pocatello, and Idaho Falls, Idaho; in Williston, N. Dak.,, in the Montana towns of rence of at least three-fourths of the Glendive, Billings, Miles City, Livingston, Butte, Helena, Lewistown, Great Falls, regular membership. All members shall Missoula, Bozeman, Kalispell, Glasgow, and Belgrade. be entitled to participate in discussions 3705-C1-P-70—Western Tele-Communications, Inc. (New), C.P. for new station at 2433 but all decisions shall be made by vote North Montana Avenue, Helena, Mont., at latitude^ 460 36'33” N., longitude *112 01 01 W. of regular members only. Frequency 6241.7 MHz on azimuth 103° 49' toward Baldy Mountain for carriage of audio Dated : January 12, 1970. channel. - Major Amendments By order of the Federal Maritime 3692-C1-P-69—Minnesota Microwave, Inc. (New), Change frequencies 6011.9, 6071.2, and Commission; 6130.5 mtt* to 11,345, 11,505, and 11,665 MHz, respectively, toward Foshay Tower, Min­ F rancis C. Hurney, neapolis, Minn., on azimuth of 267° 07-'. Transmitter location: Aeronautical Engineering Secretary. Building, University of Minnesota Main Campus, Minneapolis, Minn. All other particulars [F.R. Doc. 70-561; Filed, Jan. 14, 1970; 6 same as reported in Public Notice' dated Jan. , 1969, and Jan. 21, 1969. A 8:48 a.m.j 3695-C1-P-69—Minnesota Microwave, Inc. (New), Change frequencies 5952.6, 6071.2, and 6160.2 mw* to 10,855, 11,015, and 11,175 MHz, respectively, toward IBM Building, Rochester, Minn., on azimuth of 272°06' and Rochester Jr. College, Rochester, Minn- iPAIN/U.S NORTH ATLANTIC WEST­ on azimuth of 176-03'. Transmitter location: 2 miles east of Rochester, Minn. All other particulars same as reported in public notice dated Jan. 7, 1969, Jan. 21,. 1969, and BOUND FREIGHT CONFERENCE June 2,1969. Notice of Agreement Filed [F.R. Doc. 70-551; Filed, Jan. 14, 1970; 8:48 a.m.] Notice is hereby given that the follow- upon which they desire to adduce evi­ ng agreement has been filed with the FEDERAL MARITIME COMMISSION dence. An allegation of discrimination Commission for approval pursuant to or unfairness shall be accompanied by a ectiori 15 of the Shipping Act, 1916, as KNUTSEN. LINE ET AL. statement describing the discrimination unended (39 Stat. 733, 75 Stat. 763, 46 J.S.C. 814). Notice of Agreement Filed or unfairness with particularity. If a violation of the Act or detriment to the Interested parties may inspect ¿nd Notice is hereby given that the follow­ commerce of the United States is alleged, >btain a copy of the agreement at tne ing agreement has been filed with the the statement shall set forth with par­ Washington office of the Federal Ma - Commission for approval pursuant to ticularity the acts and circumstances ,ime Commission, 1405 I Street NW., section 15 of the Shipping Act, 1916, as said to constitute such violation or detri­ loom 1202, or may inspect the agreement amended (39 Stat. 733, 75 Stat. 763, 46 ment to commerce. it the offices of the District Managers, U.S.C. 814). . , A copy of any such statement should vfew York, N.Y., New Orleans, La., ana Interested parties may inspect and ob­ also be forwarded to the party filing the 3an Francisco, Calif. Comments on siwn tain a copy of the agreement at the agreement (as indicated hereinafter) igreements, including requests for Washington office of the Federal Mari­ and the statement should indicate that ng, may be submitted to the Seereta y, time Commission, 1405 I Street NW., this has been done. federal Maritime Commission, * Room 1202, or may inspect the agree­ Knutsen Line, Weyerhaeuser Line, Street NW., Washington, D.C. ¿mi . ment at the offices of the District Man­ States Steamship Company, and Fred. vithin 10 days after publication of tms agers, New York, N.Y., New Orleans, La., Olsen Interocean Line. lotice in the F ederal R egister. AnyP and San Francisco, Calif. Comments;on Notice of agreement filed by: ;ofi desiring a hearing on the P* p such agreements, including requests for igreement shall provide a clear and con Robert Fremlin, Esq., Lillick, McHose, Wheat, jise statement of the matters upo hearing, may be submitted to the Sec­ Adams & Charles, 311 California Street, retary, Federal Maritime Commission, San Francisco, Calif. 94104. ;hey desire to adduce evidence. -^ g 1405 I Street NW., Washington, D.C. nation of discrimination or- unfairn 20573, within 20 days after publication Agreement No. 9837, between Fred. shall be accompanied by a statement of this notice in the F ederal R egister. Olsen Interocean Line, States Steamship describing the discrimination or unfai Co., Weyerhaeuser Line and Knutsen Any person desiring a. hearing on the oess with particularity. If a violation £ proposed agreement shall provide a clear Line will establish a cooperative working the Act or detriment to the com and concise statement of the matters arrangement to be known as the “Pacific

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 NOTICES 555 of the United States is alleged, the state­ The hearings have been concluded; ini­ of the consolidated proceedings; the re­ ment shall set forth with particularity tial briefs were filed December 16, 1969, mainder of the proceedings shall be des­ the acts and circumstances said to con­ and reply briefs are due January 6, 1970. ignated as Phase II and include, inter stitute such violation or detriment to On December 2,1969, the Clearing Ex­ alia, issues related to the importation of commerce. aminer certified applicants’ motion to the Canadian gas and the potential anti­ A copy of any such statement should Commission, noting that at the hearing it competitive effects of the applicants’ also be forwarded to the party filing the appeared that there was no controversy combined proposals which shall be the agreement (as indicated hereinafter) with respect to Mich-Wis’ request for subject of further Commission orders. and the statement should indicate that certain additional mainline facilities and There being no objections made to the this has been done. development uf three storage fields. applicants’ motion, the Hearing Exam­ Notice of agreement filed by: These facilities, as described in detail iner recommended that the motion for Mr. Guy L. Retournat, Secretary, Spain/U.S. below, do not involve the importation or severance be granted and that the Phase North Atlantic Westbound Freight Confer­ transportation of the Canadian gas, I portions of the application in Docket ence, 10, Place de la Joliette, Marseille 2,, which is the subject of controversy in No. CP70-21 be authorized under the France. these proceedings. shortened procedure. We agree with the Staff raised no objections to the.appli­ Agreement No. 9615-4 between the Examiner’s recommendations and hereby cants’ motion in its answer thereto filed grant applicants* motion and issue the member lines of the Spain/U.S. North with the Commission on November 28, Atlantic Westbound Freight Conference certificate of public convenience and 1969. Intervenors Northern Natural Gas necessity. amends Article 3 of the basic agreement Co. and Northern Natural Transporta­ to provide that members shall lose their The Commission finds: tion Co. (Northern Companies), who re­ (1) That it would be in the public voting rights on any and all conference quested the formal hearing, also filed a matters, except for amendments to the interest to sever portions' of Michigan statement with the Commission on De­ Wisconsin’s application in Docket No. agreement, for failure to either effect a cember 11, 1969, to the effect that they direct conference sailing or carry a CP70-21 as noted above, to denominate have no objections to applicants’ motion. such portions as Phase I, and to apply minimum quantity of 200 tons of confer­ The applicants’ motion seeks severance ence cargo on transshipment basis dur­ thereto the shortened procedure pre­ of and authorization of the following por­ scribed by § 1.32(b) of the Commission’s ing any period of ninety (90) consecutive tions of Docket No. CP70-21: days (strikes and force majeure rules of practice and procedure. excepted). 1. Mich-Wis’ request for authority to (2) Applicant, Michigan Wisconsin construct and operate additional com­ Pipe Line Co., a Delaware corporation Dated: January 12,1970. pression facilities designed to increase having its principal place of business in By order of the Federal Maritime its mainline capacity from southern Lou­ Detroit, Mich., is a “natural-gas com­ Commission. isiana by approximately 83,000 Mcf per pany” within the meaning of the Natural day, including specifically the facilities Gas Act as heretofore found by the F rancis C. H u rn ey, described in Schedules H -l, H-2, H-3, Commission in its order issued Novem­ Secretary. ' and H-4 of Hearing Exhibit No. 31. The ber 30, 1946, in Docket No. G-669 (5 FPC [F.R. Doc. 70-562; Filed, Jan. 14, 1970; construction involves increasing existing 953), 8:48 a.m.] compression stations by 66,000 hp. at an (3) The proposed facilities hereinbe­ estimated cost of $16,782,000. fore described, as more fully described 2. Mich-Wis’ request for authority to in the application in this proceeding, will construct, purchase and operate the fa­ be used in the transportation of natural FEDERAL POWER COMMISSION cilities described in Schedules F-l, F-2, gas in interstate commerce subject to the [Docket No. CP70-19 etc.] F-3, and F-4 of Hearing Exhibit No. 31 jurisdiction of the Commission and the relating to the development and opera­ construction and operation thereof is great la kes g a s transmission tion of the Coldwater, Cro£on, and Win­ subject to the requirements of section CO. ET AL. field underground storage fields in cen­ 7(c) and (e) of the Natural Gas Act. tral Michigan and to provide the storage Order Granting‘ Applicants’ Motion service for Natural Gas Pipeline Com­ (4) Mich-Wis is able and willing for Severance and Findings and pany of America (Natural) contemplated properly to do the acts and to perform Order After Formal Hearing Issuing by the storage and transportation agree­ the service proposed, and to conform to ment identified as Exhibit H to Item D by the provisions of the Natural Gas Act Certificates of Public Conveni ence and the requirements, rules, and regu­ ond Necessity reference herein. The estimated total cost of the storage facilities is $17,941,000. lations of the Commission thereunder. J anuary 6, 1970. 3. Mich-Wis’ request for authority to (5) The construction and operation of ^a^es ®as Transmission Co., construct and operate the miscellaneous the proposed facilities by Mich-Wis are P70-19 and CP70-20, Michigan Wis- . facilities described in Schedules P -! (3.9 required by the public convenience and consm Pipe Line Co., CP70-21 and CP70- miles of 8-inch lateral to South Janes­ necessity, and a certificate therefor n t 3 i dwestern Gas Transmission Co., ville, Wis.), P-2 (13.9 miles of 16-inch should be issued as hereinafter ordered CP70-24 and CP70-25. line near South Madison, Wis.) and M -l and conditioned. On November 19, 1969,applicants filed (four measuring stations: West Jpliet (6) The average maximum stabilized mo^on sever and consider por- and South Woodstock, 111., and South shut-in wellhead pressure of the storage T™f„of foe Michigan Wisconsin Pipe Janesville and South Madison, Wis., but fields should be limited as follows: Cold- £°. (Mich-Wis) certificate applica- not including the Crystal Falls measur­ water Field, 830 p.s.i.g.; Croton Field, non filed in Docket No. CP70-21 under ing station) of Hearing Exhibit No. 31. 550 p.s.i.g.; and Winfield Field, 680 p.s.i.g. s i 4 n ° f tened Procedure prescribed by The aggregate estimated cost of these <7) Mich-Wis should submit semi­ b of the Commission’s rules of facilities is $2,471,000. annual reports, (to coincide with termi­ 5 I S Ce, ani! Procedure. Mich-Wis had The total estimated cost of these por­ nation of the injection and withdrawal E h lypfiled on Jtdy 28> 1969> its ap- tions of Mich-Wis’ proposed construction cycles) during the developmental period o?nnhun for the. section 7(c) certificate is $37,194,000/ which cost will be financed and for two full cycles thereafter. The with o C convenience and necessity along by internally _ generated funds together reports should contain the information tinn t i"e<^ues^ for a section 3 authoriza- with short-term'bank loans. hereinafter ordered. r Bv 1I^Port natural gas fram Canada. The portions of Mich-Wis’ application (8 ) The public convenience and neces­ c o m S d iS ' *uSUed October 2> 1969, we which are severed and certificated by sity require that the certificate herein­ mai ^ these applications for for- this, order will be designated as Phase I after issued and the rights granted there­ and sePtSngo With. related section 7(c) under be conditioned upon Mich-Wis’ Poranpmi0]1 u aPplications filed contem- 1 The total proposed capital expenditures compliance with all applicable Commis­ Great Lakes Gas Trans- in the consolidated CP70-19 et al., docket is sion regulations under the Natural Gas ern Cnc tv.’ ^Great Lakes) and Midwest- $87.6 million. The $37.2 million authorized Act and particularly the general terms uas Transmission Co. (Midwestern). herein is 42 percent of the total. and conditions set forth in § 157.20 (a).

No. io-----5 FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 556 NOTICES

(b), (c), (e), (f), and (g) of the (H) The facilities authorized in para­ Commission’s rules of practice and proce­ regulations. graph. (C) above shall be completed and dure (18CFR 1.8 or 1.10) and the regula­ The Commission orders: placed in actual operation within 1 year tions under the Natural Gas Act (18 CFR (A) That the portions of Mich-Wis’ from the date of this, order. 157.10). All protests >filed with the Commission will be considered by it in application in Docket No. CP70-21 which By the Commission. relate to the mainline facilities and stor­ determining the appropriate action to age field development, as set out in [sea l] K enneth F. P lu m b, be taken but will not serve to make the greater detail herein, be severed from the Acting Secretary. Protestants parties to the proceeding. consolidated proceedihgs in Docket No. [F.R. Doc. 70-521; Filed, Jan. 14, 1970; Any person wishing to become a party CP70-19 et al. 8:46 a.m.] to a proceeding or to participate as a (B) The severed portions be denomi­ party in any hearing therein must file nated as Phase I of these proceedings. a petition to intervene in accordance (C) Upon the terms and condition^ of [Docket No. CP70-163] with the Commission’s rules. this order, a certificate of public con­ MICHIGAN WISCONSIN PIPE LINE CO. Take further notice that, pursuant to venience and necessity is issued author­ the- authority contained in and subject izing Michigan Wisconsin Pipe Line Co. Notice of Application to the jurisdiction conferred upon the* to construct and operate the natural gas J anuary 8, 1970. Federal Power Commission by sections facilities hereinbefore described and as 7 and 15 of the Natural Gas Act and the Take notice that on December 31,1969, Commission’s rules of practice and pro­ more fully described in the application in Michigan Wisconsin Pipe Line Co. (ap­ this proceeding. cedure, a hearing will be held without plicant) , J. Woodward Avenue, Detroit, •further notice before ' the Commission (D) The average maximum stabilized Mich. 48226, filed in Docket No. CP70- shut-in wellhead pressures of the storage on this application if no petition to fields shall not exceed the following pres­ 163 an application pursuant to section intervene is filed within the time re­ sures without prior Commission ap­ 7(c) of the Natural Gas Act for a cer­ quired herein, if the Commission on its proval: Coldwater Field, 830 p.s.i.g., tificate of public convenience and neces­ own review of the matter finds that a sity authorizing increased transportation grant of the certificate is required by Croton Field, 550 p.s.i.g., and Winfield service for Texas Gas Transmission Field, 680 p.sJLg. the public convenience and necessity. If (E) Miçh-Wis shall submit semian­ Corp. (Texas Gas) and United Fuel Gas a petition for leave to intervene is Co. (United Fuel), and the construction nual reports on each field (to coincide timely filed, or if the Commission on its with termination of the injection and and operation of facilities necessary own motion believes that a formal hear­ withdrawal cycles) containing the fol­ therefor, all as more fully set forth in the ing is required, further notice of such application which is on file wth the Com­ hearing will be duly given. lowing information on proposed opera­ mission and open to public inspection. tions: Applicant proposes to transport Under the procedure herein provided (a) The volumes of gas injected and for, unless otherwise advised, it will be through its Louisiana offshore system an unnecessary for applicant to appear or withdrawn each month and the cor­ additional volume of 25,000 Mcf of natu­ responding total volume in the reservoir; ral gas per day which Texas Gas has be represented at the hearing. (b) The maximum daily injection or agreed to purchase in Blocks 272 ahd G ordon M. G rant, withdrawal volumes experienced during 292, Eugene Island Area, and an addi­ Secretary. the month; tional volume of 3,000 Mcf per day which (c) The shut-in wellhead or reservoir ]F.R. Doc. 70-519; Filed, Jan.- 14, 1970; Texas Gas will purchase in Block 11, 8:45 a.m.] pressure of each observation and active South Marsh Island Area. Applicant fur­ well when pressure stabilization exists; ther proposes to transport 40,000 Mcf of (d) The average working pressures on natural gas per day which Texas Gas has [Docket No. CP70-162] maximum days (referred to in (b) above) agreed to purchase in Block-273, Eugene TRANSWESTERN PIPELINE CO. taken at a central measuring point where Island Area. Applicant proposes to trans­ the total volume injected or withdrawn port these volumes for delivery to Texas Notice of Application is measured in each field; Gas onshore to Calumet, La., at which J anuary 8,1970. (e) A map of the most recent inter­ point Texas Gas will redeliver 55,000 Mcf pretation of underground structure; per day of such volumes for further Take notice that on December 29, 1969, however, this map need not be filed if transportation onshore to North Tepe- Transwestern Pipeline Co./ (applicant), there is no material change from the map tate, La. Southern National Bank Building, Hou­ previously filed; Applicant also proposes to transport ston, Tex. 77002, filed in Docket No. CP (f) A tabulation of wells drilled, through its Louisiana offshore pipeline 70-162 an application pursuant to section cleaned or recompleted with subsea system an additional 25,000 Mcf per day 7(c) of the Natural Gas Act for a certifi­ depths of formation and casing settings. which United Fuel will purchase in cate of public convenience and necessity Copies of any new core analysis, back Blocks 272 and 292, Eugerie Island Area, authorizing the construction and opera­ pressure tests, or electric logs. and 40,000 Mcf per day which United tion of certain natural gas facilities, all (F) Reports shall continue to be filed Fuel will purchase in Block 273, Eugene as more fully set forth in the application semiannually until the average stabilized Island Area, all for delivery to United which iSjOn file with the Commission and shut-in wellhead pressure has reached or Fuel onshore at Calumet. open to public inspection. has closely approximated the average Applicant proposes to construct and maximum stabilized shut-in wellhead To render this service applicant pro­ poses to construct and operate 8,250 and operate a 20-inch pipeline approximately pressure permitted in the subject order 9.9 miles in length extending from its and thereafter until two additional injec­ 10,000 horsepower of compression at its Calumet and St,' Martinville Compres­ certificated pipeline system in Arizona to tion and withdrawal cycles havè been a point on the Arizona-Nevada border m completed. Upon completion of these two sor Stations, respectively. The total estimated cost of the pro­ order to make deliveries of natural gas cycles, the filing of reports shall be dis­ for use in the Mohave Project steam continued unless otherwise ordered by posed facilities is $5,623,000, which will be financed with borrowings from banks, electric generating station under con­ the Commission. struction in Clark County, Nev., oy .(G ) The certificate issued by para­ retained earnings and other internally generated funds. Southern California Edison Co., the De­ graph (C) above and the rights granted partment of Water and Power ol t thereunder are conditioned upori Mich- Any person desiring to be heard or to City of Los Angeles, Nevada Power oo., Wis’ compliance with all applicable Com­ make any protest with reference to said and the Salt River Project Agricultural mission regulations under the Natural application should on or before Febru­ Improvement and. Power District, w Gas Act and particularly the general ary 2, 1970, file with the Federal Power have contracted with Southern ca Commission, Washington, D.C. 20426, a terms and conditions set forth in § 157.20 fornia Gas Co., Southern Counties Gas (a), (c), (e), (f), and (g) of the petition to intervene or a protest in ac­ Company of California, and Paci c regulations. cordance with the requirements of the

-FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 X

NOTICES 557

Lighting Service Co. to release and re­ maturities not latfer than December 31, public convenience and necessity author­ linquish such gas for emergency avail­ 1970. izing the sale and exchange of volumes ability to the station. Applicant is incorporated under the of natural-gas and the construction and The total estimated cost of the pro­ laws of the State of Missouri with its operation of certain gathering and com­ posed facilities is $1,800,000, which is to principal business office at St. Louis, Mo., pression facilities necessary therefor, all be financed initially by funds on hand and authorized to do business in the as more fully set forth in the applica­ and short-term loans. States of Illinois and Iowa. tion which is on file with the Commis­ Any person desiring to be heard or to The interest rate applicable to the sion and open to public inspection. make any protest with reference to said promissory notes will be, in the case of Applicant proposes to deliver approxi­ application should on or before Febru­ . demand notes issued to commercial mately 29,000 Mcf of cdsinghead gas per ary 2, 1970, file with the Federal Power banks, the prime rate in effect during the month to Panhandle Eastern Pipe Line Commission, Washington, D.C. 20426, a period they are; in the case of notes Co. (Panhandle) with Panhandle rede­ petition to intervene or a protest in ac­ issued to commercial paper dealers, the livering up to one half of that quantity to cordance with the requirements of the market rate (or discount rate) at the applicant in exchange for similar quanti­ Commission’s rules of practice and pro­ date of issuance for commercial paper ties of gas furnished by applicant, with cedure (18 CFR 1.8 or 1.10) and the regu­ of comparable quality and of the par­ Panhandle making payment to applicant lations under the Natural Gas Act (18 ticular maturity sold to commercial paper for gas delivered to it in excess of the CFR 157.10). All protests filed with the dealers; and in the case of commercial exchange volumes. Commission will be considered by it in paper placed directly with regular pur­ Applicant further proposes to construct determining the appropriate action to be chasers of such commercial paper for and operate gathering and compression taken but will not serve to make the pro- their own accounts; the market rate (or facilities (200 horsepower) to effect de­ testants parties to the proceeding. Any discount rate) at the date of issuance livery of gas from the wellhead point of person wishing to become a party to a for commercial paper of comparable purchase by applicant into the pipeline proceeding or to participate as a party in quality and of the particular maturity system of Panhandle. any hearing therein must file a petition placed directly by the issuer thereof. The Applicant further proposes to sell to to intervene in accordance with the Com­ applicant contemplates the issuance of Southern Union Gas Co. the volumes of mission’s rules. promissory notes, including the “roll­ gas that are received by way of exchange Take further notice that, pursuant to over” of commercial paper promissory from Panhandle. the authority contained in and subject notes, without further application of this The total estimated cost of the pro­ to the jurisdiction conferred upon the Commission, at any time and from posed facilities is estimated to be $65,000, Federal Power Commission by sections time to time, each of such notes to which will be financed from working 7 and 15 of the Natural Gas Act and the have a maturity date of not later than funds on hand. Commission’s rules of practice and pro­ December 31,1971. Any person desiring to be heard or to cedure, a hearing will be held without The proceeds will be used to finance make any protest with reference to said further notice before the Commission in part applicants’ construction program application should on or before Febru­ on this application if no petition to inter­ to December 31, 1971. The increase in ary 2, 1970, file with the Federal Power vene is filed within the time, required authorization to $125 million and the Commission, Washington, D.C. 20426, a herein, if the Commission on its own re­ extension of 1 year to December 31, petition to intervene or a protest in ac­ view of the matter .finds that a grant of 1971, will allow applicant more freedom cordance with the requirements of the the certificate is required by the public in selecting the appropriate times under Commission’s rules of practice and pro­ convenience and necessity. If a petition market conditions to fund its short-term cedure (18 CFR 1.8 or 1.10) and the regu^- for leave to intervene is timely filed, or if debt. lations under the Natural Gas Act (18 the Commission on its own motion be­ Any person desiring to be heard or to CFR 157.10). All protests filed with the lieves that a formal hearing is required, make any protest with reference to said further notice of such hearing will be Commission will be considered by it in duly given. application should on or before Janu­ determining the appropriate action to ary 26, 1970, file with the Federal Power Under the procedure herein provided be taken but will not serve to make the Commission, Washington, D.C. 20426, protestants parties to the proceeding. for, unless otherwise advised, it will be petitions to intervene or protests in ac­ unnecessary for applicant to appear or be Any person wishing to become a party to represented at the hearing. cordance with the requirements' of the a proceeding or to participate as a party Commission’s rules of practice and pro­ in any hearing therein must file a peti­ G ordon M. G rant, cedure (18 CFR 1.8 or 1.10). All pro­ tion to intervene in accordance with the Secretary. tests filed with the Commission will be Commission’s rules. [F.R. Doc. 70-516; Filed, Jan. 14, 1070; considered by it in determining the ap­ Take further notice that, pursuant to 8:45 a.m.] propriate action to be taken but will not the authority contained in and subject to serve to make the protestants parties to the jurisdiction conferred upon the Fed­ the proceeding. Persons wishing to be­ eral Power Commission by sections 7 and [Docket No. E-7413] come parties to a proceeding or to par­ 15 of the Natural Gas Act and the Com­ UNION ELECTRIC CO. ticipate as a party in any hearing there­ mission’s rules of practice and proce­ in must file petitions to intervene in dure, a hearing will be held without fur­ Notice of Application accordance with the Commission’s rules. ther notice before the Commission on J anuary 8,1970. The application is on file with the this application if no petition to inter­ Commissions and available for public vene is filed within the time required Take notice that on December 29,1969, inspection. / iimni1 Ele?tric Co. (applicant) filed a herein, if the Commission on its own re­ PPlanent application seeking authority Gordon M. G rant, view of the matter finds that a grant of Secretary. P r S l ^ A 0 section 204 of the Federal the certificate is required by the public [F.R. Doc. 70-517; Filed, Jan. 14, 1070; convenience and necessity. If a petition a.m ^ fCtA°,increase t0 $125 million the antw^ short-term promissory notes 8:45 a.m.] for leave to intervene is timely jQled, or if the Commission on its own motion mi t rAedAo be issued under the Com- [Docket No. CP70-164] believes that a formal hearing is re­ ae?SSotS °rder of June 21* 1968> of which WESTERN GAS INTERSTATE CO. quired, further notice of such hearing be m ?htAam0Unt up to $70 million may will be duly given. to Stend t0™ °°mmercial paper, and Notice of Application 1971«? * not later than December 31, Under the procedure herein provided notes Trf+v?nal maturity date of said J anuary 8,1970. for, unless otherwise advised, it will be unnecessary for applicant to appear or the CnmrAle-0rder 188116(1 June 21> 196fi, Take notice that on December 31,1969, issue nAAS1°* authorized applicant to Western Gas Interstate Co. (applicant), be represented at the hearing. S i Z J 0 ! 110 short-term 1500 Fidelity Union Tower, Dallas, Tex. Gordon M. Grant, amount untJ?*«S’ of which aggregate 75201, filed in Docket No. CP70-164 an Secretary. form nf “S t $55 million could be in the application pursuant to section 7 (c) of [F Jl. Doc. 70-518; Filed, Jan. 14, 1970; commercial paper, with final the Natural Gas Act for a certificate of 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 558 NOTICES

[Docket No. CB70-31] of the Bank Holding Company Act of the. voting shares of Tahoe National 1956 (12 U.S.C. 1842(a) ), by Barnett Bank, South Lake Tahoe, Calif. WOOD, McSHANE & THAMS— Banks of Florida, Inc., which is a bank As required by section 3(b) of the Act, COLORADO holding company located in Jacksonville, the Board gave written notice of receipt Notice of Application for “Small Fla., for prior approval by the Board of of the application to the Comptroller of Governors of the acquisition by Appli­ the Currency and requested his views and Producer” Certificate cant of 80 percent or more of the voting recommendation thereon. In response, J anuary 8, 1.970. shares of Bank of Osceola, Kissimmee, the Comptroller recommended approval Take notice that on December 15,1969, Fla. of the application. Wood, McShane & Thams—Colorado, c/o Section 3(c) of the Act provides that Notice of receipt of the application was W. H. Thams, Partner, Post Office Box the Board shall not approve; published in the F ederal R egister on 968, Monahans, Tex. 79756, filed in (1) Any acquisition or merger or con­ October 21, 1969 (34 F.R. 17086), pro­ Docket No. CS70-31 an application pur­ solidation under section 3 which would viding an opportunity for interested per­ suant to section 7(c) of the Natural Gas result in a monopoly, or which would be sons to submit comments and views with Act and § 157.40 of the regulations there­ in furtherance of any combination or respect to the proposal. A, copy of the under for a “small producer” certificate conspiracy to monopolize or to attempt application was forwarded to the U.S. of public convenience and necessity au­ to monopolize thè business of banking Department of Justice for its considera­ thorizing the sale for resale and delivery in any part of the United States, or tion. Time for filing'comments and views of natural gas in interstate commerce (2) Any other- proposed acquisition or has expired and all those received have from areas for which just and reasonable merger or consolidation under section 3 been considered by the Board. rates have been established, all as more whose effect in an^r section of the coun­ It is hereby ordered, for the reasons set fully set forth in the application which try may be.substantially to lessen com­ forth in the Board’s Statement1 of this is on file with the Commission and open petition, or to tend to create a monopoly, date, that said application be and hereby to public inspection. or which in any other manner would be is approved, provided that the acquisition in restraint of Tarade, unless the Board so approved shall not be consummated Any person desiring to be heard or to finds that the anticompetitive effects of make any protest with reference to said ' (a) before the 30th calendar day follow­ the proposed transaction are clearly out­ ing the date of this order, or (b) later application should on or before Janu­ weighed in the public interest by the ary 30, 1970, file with the Federal Power than 3 months after the date of this probable effect of the transaction in order, unless such time shall be extended Commission, Washington, D.C. 20426, meeting the convenience and needs of petitions to intervene or"protests in ac­ for good cause by the Board, or by the cordance with' the requirements of the the community to be served. Federal Reserve Bank of San Francisco Commission’s rules of practice and proce­ Section 3(c) further provides that, in pursuant to delegated authority. dure (18 CFR 1.8 or 1.10). All protests every case, the Board shall take into con­ sideration the financial and managerial Dated at Washington, D.C., this 23d filed with the Commission will be consid­ day of December 1969. ered by it in determining the appropriate resources and future prospects of the action to be taken but will not serve to company or companies and the banks • By order of the Board of Governors.3 -make the protestants parties to the pro­ concerned, and the convenience and needs of the community to be served. [seal! K enneth A. K enyon, ceeding. Persons wishing tor become par­ Deputy Secretary. ties to the proceeding or to participate Not later than thirty (30) days after the publication of this notice in the [F.R. Doc. 70-533; Filed, Jan. 14, 1970; as a party in any hearing therein must 8:46 a.m.] file petitions to intervene in accordance F ederal R egister, comments and views with the Commission’s rules. regarding the- proposed acquisition may Take further notice that, pursuant to be filed with the Board. Communications CITY NATIONAL GORP. the authority contained in and subject should be addressed to the Secretary, to the jurisdiction conferred upon the Board of Governors of the Federal Re­ Notice of Application for Approval of Federal Power Commission by section 7 serve System, Washington, D.C. 20551. Acquisition of Shares of Banks The application may be inspected at the and 15 of the Natural Gas Act and the Notice Is hereby given that application Commission’s rules of practice and pro­ office of the Board of Governors or the Federal Reserve Bank of Atlanta. has been made to the Board of Governors cedure, a hearing will be held without of the Federal Reserve System pursuant further notice before the Commission if Dated at Washington, D.C., this 5th to section 3(a) Cl) of the Bank Holding no petition to intervene is filed within day of January 1970. Company Act of 1956 (12 U.S.C. 1842(a) the time required herein if the Commis­ By order of the Board of Governors., (1 )), by City National Corp., Miami, Fla., sion on its own review of the matter for prior approval by the Board of action believes that a grant of the certificate [ seal] K enneth A. K enyon, whereby Applicant would become a bank is required by the public convenience Deputy Secretary. holding company through the acquisition and necessity. Where a petition for leave [F.R. Doc. 70-532; Filed, Jan. 14, 1970; of 80 percent or more of the voting shares to intervene is timely filed, or where the 8:46 a.m.] of each of the following banks: City Na­ Commission on its own motion believes tional Bank of Miami, Miami; City Na­ that a formal hearing is required, further CENTRAL BANKING $YSTEM, INC. tional Bank of Miami Beach, Miami notice of such hearing will be duly given. Beach; The City National Bank of Coral Under the procedure herein provided Order Approving Acquisition of Bank Gables, Coral Gabies, all in the State oi for, unless otherwise advised, it will be Stock by Bank Holding Company Florida. unnecessary for applicant to appear or Section 3(e) of the Act provides that be represented at the hearing. In the matter of the application of the Board shall not approve: G ordon M. Grant, Central Banking System, Inc., Oakland, (1) Any acquisition or merger or con­ _ Secretary. Calif., for approval of acquisition of 51 solidation under section 3 which woma percent or more of the voting shares of [F.R. Doc. 70-520; Filed, Jan. 14, 1970; result in a monopoly, or which would oe ' 8:45 a.m.j . Tahoe National Bank, South Lake Tahoe, in furtherance of any combination o Calif. conspiracy to monopolize or to attempt to There has come before the Board of Governors, pursuant to section 3(a)(3) FEDERAL RESERVE SYSTEM of the Bank Holding Company Act of Piled as part of the original document, 1956 (12 U.S.C. 1842(a) (3)) , and § 222.3 les available upon request tp the BARNETT BANKS OF FLORIDA, INC. Governors of the Federal Reserve Sy j (a) of Federal Reserve Regulation Y shington, D.C. 20551, or to the Federal Notice of Application for Approval of (12 CFR 222.3(a)), an application by erve Bank of San Francisco. Central Banking System, Inc., Oakland, Voting foi* this action: Vice Chairm Acquisition of Shares of Bank Calif., a registered bank holding com­ >ertson and Governors Mitchell, > Notice is hereby given that application pany, for the Board’s prior approval of sei. Brimmer, and Sherrill. Absen has been made, pursuant to section 3(a) the acquisition of 51 percent or more of

FEDERAL F"G STFR, VOL. 35, NO. 10—-THURSDAY, JANUARY 15., 1970 NOTICES 559

monopolize the business of banking in Notice of receipt of the application was est in the proceeding (including a copy any part of the United States, or published in the F ederal R egister on of the specific portions of its authority (2) Any other proposed acquisition or July 25, 1969 (34 F.R. 12304), providing which protestant believes to be in con­ merger or consolidation under section 3 an opportunity for interested persons to flict with that sought in the application, whose effect in any section of the country submit comments and views with respect and describing in detail the method— may be substantially to lessen competi­ to the proposal. A copy of the application whether by joinder, interline, or other tion, or to tend to create a monopoly, or was forwarded to the Department of Jus­ means—by which protestant would use which in any other manner would be in tice for its consideration. Time for filing such authority to provide all or part of restraint of trade, unless the Board finds comments and views has expired and all the service proposed), and shall spec­ that the anticompetitive effects of the those received have been considered by ify with particularity the facts, mat­ proposed transaction are clearly out­ the Board. ters, and things relied upon, but weighed in the public interest by the It is hereby ordered, for the reasons shall not include issues or allegations probable effect of the transaction in set forth in the Board’s statement1 of phrased generally. Protests not in rea­ meeting the convenience and needs of this date, that said application be and sonable compliance with the require­ the community to be served. hereby is approved, provided that the ac­ ments of the rules may be rejected. The Section 3(c) further provides that, in tion so approved shall not be consum­ original and one copy of the protest shall every case, the Board shall take into mated (a) before the 30th calendar day be filed with the Commission, and a consideration the financial and mana­ following the date of this order or (b) copy shall be served concurrently upon gerial resources and future prospects of later than 3 months after the date of this applicant’s representative, or applicant the company or companies and the banks order, unless such period is extended for if no representative is named. If the pro­ concerned, and the convenience and good cause by the Board, or by the Fed­ test includes a request for oral hearing, needs of the community to be served. eral Reserve Bank of Atlanta pursuant such requests shall meet the requirements Not later than thirty (30) days after to delegated authority. of section 247(d) (4) of the special rules, the publication of this notice in the F ed­ and shall include the certification re­ eral R egister, comments and views re­ Dated at Washington, D.C., this 8th quired therein. garding the proposed acquisition may be day of January 1970. Section 247 (f) of the Commission’s filed with the Board. Communications By order of the Board of Governors.2 rules of practice further provides that should be addressed to the ¡Secretary, each applicant shall, if protests to its Board of Governors of the Federal Re­ [seal] K enneth A. K enyon, application have been filed, and within serve System, Washington, D.C. 20551. Deputy Secretary. 60 days of the date of this publication, The application may be inspected at the [F.R. Doc. 70-525; Filed, Jan. 14, 1970; notify the Commission in writing (1) office of the Board of Governors or the 8:46 a.m.] that it is ready to proceed and prosecute Federal Reserve Bank of Atlanta. the application, or (2) that it wishes to Dated at Washington, D.C., this 31st withdraw the application, failure in day of December 1969. which the application will be dismissed INTERSTATE COMMERCE by the Commission. By order of the Board of Governors. Further processing steps (whether [seal] K enneth A. K enyon, COMMISSION modified procedure, oral hearing, or other procedures) will be determined Deputy Secretary. [Notice 6] [F.R. Doc. 70-524; Filed, Jan. ' 14, 1970; generally in accordance with the Com­ 8:46 a.m.] MOTOR CARRIER, BROKER, WATER mission’s General Policy Statement Con­ CARRIER, AND FREIGHT FOR­ cerning Motor Carrier Licensing Proce­ dures, published in the F ederal R egister JEFFERSON BANCORP, INC. WARDER APPLICATIONS issue of May 3, 1966. This assignment will J anuary 9, 1969. be by Commission order which will be Order Approving Application Under served on each party of record. Bank Holding Company Act The following applications are gov­ erned by Special Rule 1.2473 of the Com­ The publications hereinafter set forth hi the matter of the application of reflect the scope of the applications as mission’s general rules of practice (49 filed by applicants, and may include de­ Jefferson Bancorp, Inc., Miami Beach, CFR as amended), published in the F ed­ scriptions, restrictions, or limitations Fla., for approval of action to become a eral R egister issue of April 20, 1966, ef­ which are not in a form acceptable to the bank holding company through the ac­ fective May 20,1966. These rules provide, quisition of 80 percent or more of the Commission. Authority which ultimately among other things, that a protest to the may be granted as a result of the appli­ shares of Jefferson National Bank granting of an application must be filed of Miami Beach, Miami Beach, Fla., and cations here noticed will not necessarily with the Commission within 30 days after reflect the phraseology set forth in the Jefferson National Bank at Sunny Isles, date of notice of filing of the application Sunny Isles, Fla. application as filed, but also will elimi­ is published in the F ederal R egister. nate any restrictions which are not ac­ There has come before the Board of Failure seasonably to file a protest will governors, pursuant to section 3 (a )(1) ceptable to the Commission. be construed as a waiver of opposi­ No. MC 263 (Sub-No. 192) , filed De­ iLo Bank Holding Company Act of tion and participation in the proceed­ !K 6 U s c - 1842(a)(1)) and § 222.3 cember 8, 1969. Applicant: GARRETT ing. A protest under these rules should FREIGHTLINES, INC., 2055 Garrett riro oooederal Reserve Regulation Y (12 comply with section 247(d) (3) of the **222.3(a)), an application by Jeffer­ Way, Pocatello, Idaho 83201. Applicant’s rules of practice which requires that representative: Wayne S. Green (same son Bancorp, Inc., Miami Beach, Fla., for it set forth specifically the grounds miL B™rd’s Prl°r approval of action address as applicant). Authority sought upon which it is made, contain a de­ to operate as a common carrier, by motor aPPhcant would become a bank tailed statement of protestant’s inter­ company through the acquisi- vehicle, over regular routes, transport­ qhaT.fi Peroent or more of the voting ing : General commodities, except house­ shares of Jefferson National Bank of 1 Filed as part of the original document. hold goods as defined by the Commission, Miami Beach, Miami Beach, Fla., and Copies available upon request to the Board of commodities of unusual value, commodi­ Governors of the Federal Reserve System, ties in bulk, commodities requiring spe­ Bank at Sunny Isles, Washington, D.C. 20551, or to the Federal Gunny Isles, Fla. Reserve Bank of Atlanta. cial equipment, and those injurious or 2 Voting for this action: Chairman Martin contaminating to other lading), serving t h ^ ! qi red by Sutton 3(b) of the Act, the National Lead Co. plantsite at Cur S r d n?tmed the Comptroller of the and Governors Mitchell, Maisel, Brimmer, and Sherrill. Absent and not voting: Governors Rowley, Utah, as an off-route point in and of the application Robertson and Daane. connection with applicant’s authorized datiiMwrvf'6!^bls views and recommen- 3 Copies of Special Rule 247 (as amended) regular route operations. Note : Common, he had The Comptroller indicated that can be obtained by writing to the Secretary, control may be involved. If a hearing is application. 360^011 to approval of the Interstate Commerce Commission, Washing­ deemed necessary, applicant does not ton, D.C. 20423. specify a location.

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 560 NOTICES

No. MC 921 (Sub-No. 18) , filed No­ ber 24, 1969, and republished as clarified HYDER TRUCKING LINES, INC., 502 vember 25, 1969. Applicant: DEAN this issue. Applicant: F. J . BOUTELL East Bridgers Avenue, Post Office Box TRUCK LINE, INC., Pulton Drive, Post DRIVEAWAY CO., INC., 706 South 1L86, Aubumdale, Fla. 33823. Applicant’s Office Drawer 32, Corinth, Miss. 38834. Dort Highway, Flint, Mich. 48501. representative: Tony G. Russell (same Applicant’s representative: Warren A. Applicant’s representative: Harry C. address as above). Authority sought to Goff, 2111 Sterick Building, Memphis, Ames, Jr., Suite 705, 666 11 Street operate as a common carrier, by motor Term. 38103. Authority sought to oper­ NW„ Washington, D.C. 20001. Author­ vehicle, over irregular routes, transport­ ate as a common carrier, by motor vehi­ ity sought to operate as a common ing: Meats, meat products, and meat by­ cle, over irregular routes, transporting: carrier, by motor vehicle, over irreg­ products and articles distributed by meat (1) Handles, wooden other than in the ular routes, transporting: New automo­ packinghouses as described in sections rough or rough turned, with or without biles via truckaway and driveaway serv­ A and C of appendix I to the report in metal ferrules, caps, or yokes, loose or ice, from points in the New York, N.Y., descriptions in Motor Carrier Certificates, in packages; and (2) dowels, wooden, in commercial zone as defined by the Com­ 61 M.C.C. 209 and 766 (except commod­ the rough or rough turned, in packages, mission in 1 M.C.C. 665 and from Port ities in bulk, in tank vehicles), from the from the plantsite and warehouse facili­ Elizabeth and Port Newark, N.J., to plantsite and/or storage facilities uti­ ties of the Gateway Corp., located in points in Connecticut, Rhode Island, lized by Glover Packing Co. at Amarillo, Corinth, Miss., to points in Alabama, Maine, New Hampshire, and Vermont, Tex., to points in Alabama, Georgia, Flor­ Georgia, Illinois, Indiana, Kentucky, restricted to vehicles originating at the ida, North Carolina, and South Carolina. Michigan, Minnesota, Missouri, North plantsites of the General Motors Corp. Note : Common control may be involved. Carolina, Ohio, Pennsylvania, Tennessee, located outside the continental United Applicant states that the requested au­ Virginia, West Virginia, and Wisconsin. States. No te: Applicant states that the thority cannot be tacked with its exist­ requested authority cannot be tacked ing authority. If a hearing is deemed N ote: Applicant states that the re­ necessary, applicant requests it be held quested authority cannot be tacked with with its existing authority. This repub­ its existing authority. Applicant further lication is for the purpose of adding “1 at Dallas or Fort Worth, Tex. states that no duplicating authority is M.C.C. 665” to the territorial scope of the No. MC 29120 (Sub-No. I l l ) , filed sought. If a hearing is deemed necessary, application. If a hearing is deemed neces­ December 18, 1969. Applicant: ALL- applicant requests it be held at Memphis sary, applicant requests it be held at AMERICAN TRANSPORT, INC., 1500 or Nashville, Term., or Jackson, Miss. Detroit, Mich., or Washington, D.C. Industrial Avenue, Post Office Box 769, No. MC 2860 (Sub-No. 68) , filed De­ No. MC 7555 (Sub-No. 61) (Amend­ Sioux Falls, S. Dak. 57101. Applicant’s cember 2, 1969. Applicant: NATIONAL m ent), filed September 23, 1969, pub­ representative: E. J. Dwyer (same ad­ FREIGHT, INC., 57 West Park Avenue, lished in the F ederal R egister issue of dress as applicant). Authority sought to Vineland, N.J. 08360. Applicant’s repre­ October 30, 1969, and republished this operate as a common carrier, by motor sentative: Alvin Altman, 1776 Broadway, issue. Applicant: TEXTILE MOTOR vehicle, over irregular .routes, transport­ New York, N.Y. 10019. Authority sought FREIGHT, INC., Post Office Box 70, ing: Meats, meat products, meat by­ to operate as a common carrier, by motor Ellerbe, N.C. 28338. Applicant’s repre­ products and articles distributed by meat packinghouses as described in sections A vehicle, over irregular routes, transport­ sentative: Jacob P. Billig, 1108 16th ing: Meat, meat products, meat byprod­ Street NW., Washington, D.C. 20036. and C of appendix I to the report on ucts and products distributed by meat Authority sought to operate as a common Descriptions in Motor Carrier Certifi­ carrier, by motor vehicle, over irregular cates, 61 M.C.C. 209 and 766 (except packinghouses (except commodities in commodities in bulk, in tank vehicles bulk) from Chicago, 111., to points in routes, transporting: (1) canned citrus juices, and (2 ) citrus fruits, when moving and hides), from the plantsite and/or Maryland, New Jersey, New York, Penn­ warehouse facilities of Iowa Beef Pack­ sylvania, Virginia, and the District of Co­ in mixed shipments with canned citrus juices; from points in Florida, to Roches­ ers, Inc., located at or near Dakota City lumbia. No te: Applicant states that the and West Point, Nebr.; Denison, Fort requested authority can be tacked with ter, N.Y. No te: Applicant states that the requested authority cannot be tacked Dodge, and Mason City, Iowa; and its existing authority, but indicates that Luverne, Minn., to points in Hlmois, it has no present intention to tack and with its existing authority. The purpose of this republication is to reflect a change Indiana, Iowa, Kentucky, Michigan, Min­ therefore does not identify the points or nesota, Missouri, Nebraska, Nortn terriories which can be served through in the commodity description. If a hear­ ing is deemed necessary, applicant re­ Dakota, Ohio, South Dakota, and Wis­ tacking. Persons interested in the tack­ consin. No te: Applicant states that the ing possibilities are cautioned that fail­ quests it be held at Rochester, N.Y. No. MC 11592 (Sub-No. 8), filed De­ requested authority cannot be tacked ure to oppose the application may result with its existing authority. Common con­ in an unrestricted grant of authority. cember 1, 1969. Applicant: BEST R E­ FRIGERATED EXPRESS, INC., 1001 trol may be involved. If a hearing Common control may be involved. If a deemed necessary, applicant requests i hearing is deemed necessary, applicant West South Omaha Bridge Road, Coun­ cil Bluffs, Iowa 51501. Applicant’s rep­ be held at Sioux Falls, S. Dak., or Sioux requests it be held at New York, N.Y.; Lty, Iowa. . Philadelphia, Pa.; or Washington, D.C. resentative: Robert V. Dwyer, Jr., 1414 First National Bank Building, Omaha, No. MC 29120 (Sub-No. 112), hlaa No. MC 3255 (Sub-No. 9), filed ecember 18, 1969. Applicant: Ann- December 12, 1969. Applicant: PEP Nebr. 68102. Authority sought to operate as a common carrier, by motor vehicle, MERICAN TRANSPORT, INC., IMP TRUCKING CO., INC., 74 Montgomery idustrial Avenue, Post Office Box T®». Street, Jersey City, N.J. 07303. Appli: over irregular routes, transporting: Fresh meat, packinghouse products, Loux Falls, S. Dak. 57101. Applicant s cant’s representative: George A. Olsen, ‘presentative : E. J. Dwyer isaK*f.. tn 69 Tonnele Avenue, Jersey City, N.J. dairy products, canned goods and sup­ plies incidental to, or used in, the opera­ ress as applicant). Authority s°ug 07306. Authority sought to operate as a aerate as a common carrier, by , common carrier * by motor vehicle, over tion and maintenance of meat packing plants, between Avoca, Iowa, and points ;hicle, over irregular routes, transp irregular routes, transporting: G en eral Lg: Alcoholic liquors, except in bulk, commodities (except paper makers’ within 15 miles of Avoca on the one hand, and, on the other, Chicago, HI. No te: ink vehicles, from Pekin and P ’ chemicals in bulk), between points in 1.; Lawrenceburg, Ind.; Par^. ’ the New York, N.Y., commercial zone as Applicant states that the requested au­ thority cannot be tacked with its exist­ lermont, Frankfort, andOwensboro, defined by the Commission. No te: Ap­ :y„ to Aberdeen and Sioux Falls, S. Dak. plicant states the sought authority is ing authority. Applicant further states th at the purpose of this application is to OTE : Applicant states that the req to be tacked to its present operating au­ uthority cannot be tacked with i thority, at points in the New York, N.Y., eliminate the Omaha commerçai zone which presently must be observed as a ig authority. Common control ™’ commercial zone. If a hearing is deemed ivolvèd. If a hearing is deeme at necessary, applicant requests it be held gateway. If a hearing is deemed neces­ sary, applicant requests it be held at iry, applicant requests it be at Washington, D.C.» or New York, N.Y. ioux Falls, S. Dak. No. MC 3468 (Sub-No. 158) (Clarifica­ Omaha, Nebr. No. MC 25798 (Sub-No. 203), filed No. MC 29613 (Sub-No. 6), ffledDfg tion) , filed November 26, 1969, published rniber 8, 1969. Applicant. J AYJN in the F ederal R egister issue of Decem- December 1, 1969. Applicant: CLAY

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 NOTICES 561

MOTOR FREIGHT, INC., 860 North goods as defined by the Commission, and that part of West Virginia on and Avenue E, Elizabeth, N.J. 07201. Appli­ commodities in bulk, and those requiring north of U.S. Highway 50). Note: Appli­ cant’s representative: George A. Olsen, special equipment), serving the plant- cant states that the requested authority 69 Tonnele Avenue, Jersey City, N.J. sites of Southwire Co., National-South- cannot be tacked *with its existing au­ 07306. Authority sought to operate as a wire Aluminum Co., and National Steel thority. Common control may be in­ common carrier, by motor vehicle, over Corp.’s Aluminum Rolling Mill at or near volved. If a hearing is deemed necessary, irregular routes, transporting: G eneral Hawesville, Ky., as off-route points in applicant requests it be held at commodities (except those of unusual connection with regular-route operations Harrisburg, Pa. value, classes A and B explosives, house­ to and from Owensboro, Ky., as au­ No. MC 45657 (Sub-No. 48), filed De­ hold goods as defined by the Commission, thorized in MC 35628. The purpose of this cember 8, 1969. Applicant: PIC-WALSH commodities in bulk, and those requiring republication is to reflect the additional FREIGHT CO., a corporation, 731 Camp­ special equipment), between points in plantsite of National Steel Corp.’s Alu­ bell Avenue, St. Louis, Mo. 63147. Appli­ South Hampton Township, N.J., on the minum Rolling Mill. If a hearing is cant’s .representative: Jack Goodman, one hand, and, on the other, points in deemed necessary, applicant requests it 39 South La Salle Street, Chicago, HI. that part of New Jersey on and south of be held at Louisville, Ky., or Indianapolis, 60603. Authority sought to operate as a a line beginning at the New Jersey-New Ind. common carrier, by motor vehicle, over York State line at Jersey City, N.J., and No. MC 41792 (Sub-No. 15), filed irregular routes, transporting: Fluores­ extending along U.S. Highway 1 to junc­ December 4, 1969. Applicant: HOLD- cent lighting fixtures, parts, and supplies tion U.S. Highway 9, thence along U.S. C RO FT TRANSPORTATION COM­ used in the manufacture and distribution Highway 9 to junction New Jersey High­ PANY, a corporation, 3232 Highway 75 of fluorescent lighting fixtures, between way 70, thence along New Jersey High­ North, Sioux City, Iowa 51102. Appli­ Tupelo, Miss., and points in Illinois and way 70 through Camden, N.J., thence cant’s representative: Charles J. Kim­ Michigan. No te: Applicant states that along New Jersey-Pennsylvania State ball, 300 N.S.E.A. Building, 14th and J the requested authority cannot be tacked line to points in that part of New Jersey Streets, Lincoln, Nebr. 68501. Authority with its existing authority. If a hearing on and north of New Jersey Highway sought to operate as a common carrier, is deemed necessary, applicant requests 70, including Burlington and Mercer by motor vehicle, over irregular routes, it be held at Chicago, 111. Counties, N.J. No te: Common control transporting: Meats, meat products, may be involved. Applicant states it in­ No. MC 50069 (Sub-No. 432), filed meat byproducts and articles distributed December 11, 1969. Applicant: REFIN­ tends to tack through this new point of by meat packinghouses, from the plant- South Hampton Township, N.J. If a hear­ ERS TRANSPORT & TERMINAL COR­ site and storage facilities utilized by PORATION, 445 Earlwood Avenue, Ore­ ing is deemed necessary, applicant re­ Sioux-Preme Packing Co. at or near quests it be held at Washington, D.C., or gon, Ohio 43616. Applicant’s represent­ New York, N.Y. Sioux Center, Iowa, to points in Iowa, ative: J. A. Kundtz, 1050 Union Minnesota, Nebraska, North Dakota, and Commerce Building, Cleveland, Ohio No. MC 31533 (Sub-No. 10), filed South Dakota, restricted to traffic origi­ July 31, 1969. Applicant: SOUTH BEND 44115. Authority sought to operate as a nating at the named origin. No te: Appli­ common carrier, by motor vehicle, over FREIGHT LINE, INC., Post Office Box cant states that the requested authority 545, South Bend, Ind. 46624. Applicant’s irregular routes, transporting: Acids, cannot be tacked with its existing au­ chemicals, and related products, in bulk, representative: Robert M. Kaske, 2017 thority. If a hearing is deemed necessary, Wisteria Road, Rockford, HI. 61107. Au­ in tank vehicles, between the plantsite applicant requests it be held at Sioux of Reichhold Chemicals, Inc., located thority sought to operate as a common City, Iowa carrier, by motor vehicle, over irregular in Grundy County, 111., on the one hand, No. MC 41915 (Sub-No. 33), filed and, on the other, points in the United routes, transporting: General commodi­ December 11,1969. Applicant: MILLER’S ties (except household goods as defined States (except Alaska and Hawaii), in­ MOTOR FREIGHT, INC., 1130 Zinn’s cluding the District of Columbia. No te: by the Commission), and commodities Quarry Road, York, Pa. Applicant’s rep­ in bulk, between points in the counties Applicant states that the requested au­ resentative: S. Harrison Kahn, Suite 733, thority cannot be tacked with its exist­ or Boone, Carroll, Cook, De Kalb, Du Investment Building, Washington, D.C. Page, Grundy, Jo Daviess, Kane, Kanka­ ing authority. Applicant further states 20005. Authority sought to operate as a that no duplicating authority is being kee, Kendall, Lake, La Salle, Lee, Living­ common carrier, by motor vehicle, over ston, Ogle, Stephenson, Whiteside, Will, sought. Common control and dual opera­ irregular routes, transporting : Com m od­ tions may be involved. If a hearing is SMWirincbago, 111., to or from any point ities which because of size or weight, re­ within the State of Illinois for a shipper deemed necessary, applicant requests it quire use of special equipment, and com ­ be held at Washington, D.C. or .receiver within the above counties. m odities which because of size or weight note: Applicant states it will tack at No. MC 56679 (Sub-No. 37), filed De­ do not require the use of special equip­ cember 5, 1969. Applicant: BROWN Kockford and Chicago, 111., with existing ment when transported as part of the uthonty but does not identify the points TRANSPORT CORP., 125 Milton Ave­ same shipment with commodities which nue SE., Atlanta, Ga. 30315. Applicant’s th territories which can be served because of size or weight require the use i .Poking. Persons interested in representative: B. K. McClain (same ad­ of special equipment, between points in dress as applicant). Authority sought to that * Ming Possibilities are cautioned that part of Pennsylvania bounded by a fai Vre. t° oppose the application operate as a common carrier, by motor line beginning at the Maryland-Pennsyl­ vehicle, over regular routes, transport­ fl„tL ?UltJ n 911 unrestricted grant of vania State line and extending along U.S. sarv rïty- Tf a hearing is deemed neees- ing: General commodities (except those Highway 15 to junction U.S. Highway of unusual value, classes A and B explo­ ChicagT HlCant requests {t be held at 322, thence along U.S. Highway 322 to sives, household goods as defined by the junction Pennsylvania Highway 501, Commission, commodities in bulk, and 3„56,28 (Sub-No. 299) (Amend- thence along Pennsylvania Highway 501 those requiring special equipment be­ the p ’ ? ed J ”ne 30> 1969, published in to junction U.S. Highway 222, thence cause of size or weight), between Atlanta ber 14 ioftoL R egister issue of Novem- along U.S. Highway 222 to the Maryland- and Athens, Ga., over U.S. Highway 78, thi<5 icc?69, a? d republished as amended Pennsylvania State line, thence along the serving all intermediate points. No te: If MOTnu6' ™^b? licant : INTERSTATE Maryland-Pennsylvania State line to a hearing is deemed necessary, applicant GranrWn FREIGHT SYSTEM, 134 point of beginning, including points on requests it be held at Atlanta, Ga. Grand Rapids, Mich, the indicated portions of the highways ard D t i n t ’s representative: Leon- No. MC 61592 (Sub-No. 160), filed De­ specified, and Mechanicsburg, Pa., on the cember 1, 1969. Applicant: JENKINS one hand, and, on the other, points in thoiitv'« l o r f a f n d i Rapids,p ^ 900 Mich. ow Kent 49502. BuUd- Au- TRUCK LINE, INC., 3708 Elm Street, the United States (except Alaska, Hawaii, Bettendorf, Iowa 52722. Applicant’s rep­ carrier hv1 } ° operate as a common the District of Columbia, Connecticut, resentative: Donald W. Smith, 900 Circle routes ’tran<^0t?? vehicle* over regular Delaware, Maryland, New Jersey, New Tower Building, Indianapolis, Ind. 46204. ties (exiSSP

FEDERAL REGISTER, VOL. 35, NO. 1 0 - THURSDAY, JANUARY 15, 1970 562 NOTICES

Elk. Grove Village, HI., to points in Idaho, No. MC 61955 (Sub-No, 10), filed De­ serving both termini for joinder only; Montana, Oregon, Washington, North cember 18, 1969. Applicant: CENTROP- and Dakota, and South Dakota. No te: Appli­ OLIS TRANSFER CO., INC., 6700 Wilson (4) Between the junction of the Pen­ cant states that the requested authority Avenue, Kansas City, Mo. 64125. Appli­ nyrile Parkway and U.S. Highway 41 at cannot be tacked with its existing au­ cant’s representative: Frank W. Taylor, or near Mannington, Ky., and the junc­ thority. Common control may be in­ Jr., 1221 Baltimore Avenue, Kansas City, tion of the Pennyrile Parkway with U.S. volved. If a hearing is deemed necessary, Mo. 64105. Authority sought to operate Highway 41 at or near Hopkinsville, Ky., applicant requests it be held at Chicago, as a common carrier, by motor vehicle, from junction Pennyrile Parkway and HI., or Omaha, Nebr. over irregular routes, transporting: U.S, Highway 41 at or near Mannington, No. MC 61592 (Sub-No. 161), filed De­ Cement, from Kansas City, Mo., to points Ky., over the Pennyrile Parkway to its cember 1, 1969. Applicant: JENKINS in Kansas, Iowa, and Nebraska. No te: junction with U.S. Highway 41 at or TRUCK LINE, INC., 3708 Elm Street, Applicant states that the requested au­ near Hopkinsville, Ky., and return over Bettendorf, Iowa 52722. Applicant's rep­ thority cannot be tacked with its exist­ the same route as an alternate route for resentative: Donald W. Smith, 900 Cir­ ing authority. If a hearing is deemed nec­ operating convenience only, serving no cle Tower Building, Indianapolis, Ind. essary, applicant requests it be held at intermediate points, and serving both 46204. Authority sought to operate as a Kansas City, Mo. termini for joinder only; (5) between common carrier, by motor vehicle, over No. MC 64112 (Sub-No. 42), filed De­ junction Western Kentucky Parkway irregular routes, transporting: Iron and cember 16, 1969. Applicant: NORTH­ and Kentucky Highway 79 and junction steel and iron and steel products, from EASTER TRUCKING COMPANY, a cor­ of U.S. Highway 79 and U.S. Highway points in Utah County, Utah, to points in poration, 2508 Starita Road, Post Office 41, from the junction of Western Ken­ Montana on and west of U.S. Highway 89, Box 2676, Charlotte, N.C. 28213. Appli­ tucky Parkway with Kentucky Highway points in Idaho in and north of Idaho cant’s representative: Charles Ephraim, 79 over Kentucky Highway 79 to Rus­ County, points in Washington and points 1411 K Street NW.. Washington, D.C. sellville, Ky., thence over Kentucky High­ in Oregon on and north of U.S. Highway 20005. Authority sought to operate as a way 96 to Keysburg, Ky., thence over 20. No te: Applicant states that the re­ common carrier, by motor vehicle, over Kentucky Highway 102 to its junction quested authority cannot be tacked with irregular routes, transporting: Petroleum with U.S. Highway 79, thence over U.S. its existing authority. Common control and petroleum products, in containers, Highway 79 to its junction with U.S. may be involved. Applicant states that from the plantsites of, and storage facili­ Highway 41 and return over the same the instant application is identical to the ties used by, Enjay Chemical Co. at route, serving all intermediate points application filed by System Transport, Baton Rouge, La., to points in North in Todd and Logan Counties, Ky., and Inc., MC 107743 Sub l l and requests that Carolina. Note : Applicant states that by the off-route point of Sugar Grove, they be set at the same time and place. combining the authority sought with that Ky., and serving the junction of Western No. MC 61592 (Sub-No. 162), filed De­ presently held in MC 64112 and subs Kentucky Parkway and Kentucky High­ cember 15, 1969. Applicant: JENKINS thereunder, operating via common points way 79 and the junction of U.S, Highway TRUCK LINE, INC., 3708 Elm Street, in North Carolina, applicant may serve 79 and U.S. Highway 41 for joinder only; Bettendorf, Iowa 52722. Applicant’s rep­ various points in Virginia, Pennsylvania, (6) between Russellville, Ky., and the resentative : Donald W. Smith, 900 Circle New Jersey, New York, Connecticut, junction of Kentucky Highway 591 with Tower Building, Indianapolis, Ind. 46204. Maryland, and South Carolina. If a hear­ Kentucky Highway 96, from Russellville, Authority sought to operate as a com ­ ing is deemed necessary, applicant re­ Ky., over U.S. Highway 431 to Adairvilie, mon carrier, by motor vehicle, over ir­ quests it be held at Washington, D.C. Ky., thence over Kentucky Highway 591 regular routes, transporting: Trailers, No. MC 76436 (Sub-No. 39), filed No­ to its junction with Kentucky Highway trailer chassis (except those designed to vember 21, 1969. Applicant: SKAGGS 96 and return over the same route, serv* be drawn by passenger automobiles), TRANSFER, INC., 2400 Ralph Ave­ ing all intermediate points; and (7) be­ trailer converter dollies, truck-tractors, nue, Louisville, Ky. 40216. Applicant’s tween Bowling Green, Ky., an*) containers, "bodies and materials, sup­ representative: Rudy Yessin, Sixth Ky., from Bowling Green, Ky., and Ken­ plies, and parts of such commodities, be­ Floor, McClure Building, Frankfort, tucky Highway 67 to Anna, Ky., and re­ tween points in Mecklenburg County, Ky. 40601. Authority sought to oper­ turn over the same route serving au N.C., on the one hand, and, on the other, ate as a common carrier, by motor intermediate points. Note : If a hearing points in the United States (except vehicle, over regular routes, transport­ is deemed necessary, applicant request Hawaii). Note: Applicant states that the ing: General commodities (except those it be held at Louisville, Ky. requested authority cannot be tacked of unusual value, classes A and B ex­ No. MC 85231 (Sub-No. 12), ffied De­ with its existing authority. Common con­ plosives, household goods, as defined by cember 10, 1969. Applicant: FRANK WILLIAMS TRANSFER & STORAGE trol may be involved. If a hearing is the Commission, commodities in bulk, deemed necessary, applicant requests it commodities requiring special equipment CO., a corporation, Route 39 North, P Office Box 406, Mansfield, Ohio 44901. be held at Chicago, HI. and those injurious or contaminating to Applicant’s representative: ^lcnarc* • No. MC 61592 (Sub-No. 164), filed De­ other lading), (1) between Bowling Green, Ky., and junction Kentucky Brandon, 79 East State Street, Colum­ cember 15, 1969. Applicant: JENKINS bus, Ohio 43215. Authority sought m TRUCK LINE, INC., 3708 Elm Street, Highway 234 and Kentucky High­ way 101, from Bowling Green over operate as a common carrier, b y , Bettendorf, Iowa 52722. Applicant’s rep­ vehicle, over irregular routes, transpo resentative: Donald W, Smith, 900 Circle Kentucky Highway 234 to junction Ken­ Tower Building, Indianapolis, Ind. 46204. tucky Highway 101, and return over the ing: Plumbers supplies and ma^'er] a} l T.!.m same route, serving all intermediate enamelware, between Shelby and M - Authority sought to operate as a common field, Ohio, on the one hand, and, on carrier, by motor vehicle, over irregular points; (2) between Dawson Springs and Hopkinsville, Ky., from Dawson Springs other, points in Kentucky (except Lo routes, transporting: Prefabricated steel vide). Note: Applicant states that buildings, knocked down, including parts over Kentucky Highway 109 to Hopkins­ ville, and return over the same route, requested authority cannot be and accessories and iron and steel arti­ with its existing authority. If f cles, from Milwaukee, Wis., to points in as an alternate route for operating con­ venience only serving no intermediate is deemed necessary, applicant req Arkansas, Louisiana, Mississippi, Okla­ it be held at Columbus, Ohio. homa, and Texas. Note : Applicant states points; (3) between Henderson, Ky., and junction of Pennyrile Parkway and U.S. No. MC 94350 (Sub-No. that the requested authority cannot be cember l, 1969. Applicant. TR , tacked with its existing authority, Com­ Highway 41 at or near Madisonville, Ky., from Henderson over the Pennyrile HOMES, INC., Haywood Road, Post mon control may be involved. If a hear­ flee Box 1628, Greenville, S.C. 29602^AP ing is deemed necessary, applicant re­ Parkway to its junction with U.S. High­ way 41 at or near Madisonville, Ky., and plicant’s representative : Mitchell ku^ quests it be held at the same time and Jr. (same address as appheant) .Au place as identical application of Melton return over the same route, as an alter­ nate route for operating convenience ity sought to operate as a Truck Lines, Inc., MC 100666 (Sub-No. rier, by motor vehicle, over irr gui 146). only serving no intermediate points, but

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 NOTICES 563

routes, transporting: Trailers designed No. MC 106398 (Sub-No. 438), filed thority. If a hearing is deemed neces­ to be drawn by passenger automobiles December 1,1969. Applicant: NATIONAL sary, applicant requests it be held at in initial movements, and buildings, com­ TRAILER CONVOY, INC., 1925 National Houston, Tex. plete and in sections, from origins which Plaza, Tulsa, Okla. 74151. Applicant’s No. MC 107295 (Sub-No. 268), filed are points of manufacture, from points in representatives: Irvin Tull and Fred December 8, 1969. Applicant: PRE-FAB Delaware County, Ohio, to points in the Rahal, Jr. (same address as applicant). TRANSIT COY, a corporation, 100 South United States (excluding Alaska and Authority sought to operate as a common Main Street, Farmer City, 111. 61842. Hawaii). No te: Common control may carrier, by motor vehicle, over irregular Applicant’s representative: Dale L. Cox, be involved. Applicant states that the re­ routes, transporting: Buildings, in sec­ Post Office Box 146, Farmer City, 111. quested authority cannot be tacked with tions transported on wheeled undercar­ 61842. Authority sought to operate as a its existing authority. If a hearing is riages, from origins which are points of common carrier, by motor vehicle, over deemed necessary, applicant requests it manufacture, from Waterbury, Conn., irregular routes, transporting: Plywood, be held at Columbus, Ohio. to points in Vermont, Maine, New Hamp­ wallboard, hardboard, composition No. MC 99154 (Sub-No. 2), filed De­ shire, Connecticut, Rhode Island, New board, flooring, lumber products, and cember 8,1969. Applicant: R. M. ORMES York, New Jersey, Pennsylvania, and accessories used in the installation there­ TRANSPORTATION, INC., 232 Ash Massachusetts. No te: Common control of from points in Wisconsin, to points Street, Reading, Mass. 01867. Applicant’s and dual operations may be involved. in the United States in and east of the representative: Prank J. Weiner, 6 Applicant states that the requested au­ States of Montana, Wyoming, Colorado, Beacon Street, Boston, Mass. 02108. Au­ thority cannot be tacked with its exist­ and New Mexico. No te: Applicant states thority sought to operate as a com m on ing authority. Applicant further states that it intends to tack with MC 107295, carrier, by motor vehicle, over irregular that no duplicating authority is sought. where feasible. Persons interested in the routes, transporting: Household goods, If a hearing is deemed necessary, appli­ tacking possibilities are cautioned that as defined by the Commission, between cant requests it be held at Hartford, failure to oppose the application may re­ points in Massachusetts; restricted (1) Conn. sult in an unrestricted grant of author­ to shipments having a prior or subse­ No. MC 106398 (Sub-No. 442), filed ity. If a hearing is deemed necessary, quent movement beyond said points, in December 12, 1969» Applicant: NA­ applicant requests it be held at Madison, containers, and (2) to pickup and de­ TIONAL TRAILER CONVOY, INC., 1925 Wis., or Chicago, 111. livery service incidental to and in con­ National Plaza, Tulsa, Okla. 74151. Appli­ No. MC 107496 (Sub-No. 758), filed nection with packaging, crating, and cant’s representatives: Irvin Tull and December 1, 1969. Applicant: RUAN containerization, or unpacking, uncrat­ Fred Rahal, Jr. (same address as appli­ TRANSPORT CORPORATION, Keosau- ing, and decontainerization of such ship­ cant) . Authority sought to operate as a qua Way at Third, Post Office Box 855, ments. Note: If a hearing is deemed common carrier, by motor vehicle, over Des Moines, Iowa 50304. Applicant’s rep­ necessary, applicant requests it be held at irregular routes, transporting: Trailers Boston, Mass. resentative: H, L. Fabritz (same address designed to be drawn by passenger auto­ as above). Authority sought to operate No. MC 100666 (Sub-No. 158), filed mobiles, in initial movements, from as a common carrier, by motor vehicle, December 3, 1969. Applicant: MELTON points in Lee County, N.C., to points in over irregular routes, transporting: TRUCK LINES, INC., Post Office Box the United States (except Alaska and Trailers, trailer chassis (except those 766, Shreveport, La. 71107. Applicant’s Hawaii). No te: Common control and designed to be drawn by passenger auto­ representatives: Paul Caplinger (same dual operations may be involved. Appli­ mobiles), trailer converter doilies, truck address as above) also Wilburn L. Wil­ cant states that the requested authority tractors, containers, bodies and mate­ liamson, 600 Leininger Building, Okla­ cannot be tacked with its existing au­ rials, supplies and parts of such com­ homa City, Okla. 73112. Authority sought thority. If a hearing is deemed necessary, modities, between points in Lee County, to operate as a common carrier, by motor applicant requests it be held at Greens­ Iowa, on the one hand, and, on the other, vehicle, over irregular routes, transport­ boro or Raleigh, N.C. points in the United States (except Ha­ ing : Woodpulp, paper and paper prod­ No. MC 106398 (Sub-No. 443), filed waii) . Note : Common control may be in­ ucts and materials and supplies used in December 12, 1969. Applicant: NA­ volved. Applicant states that the re­ the manufacture thereof (except com­ TIONAL TRAILER CONVOY, INC., 1925 quested authority can be tacked with its modities in bulk), between the plantsites National Plaza, Tulsa, Okla. 74151. Ap­ existing authority but indicates that it 01 Southland Paper Mills, Inc., at Herty plicant’s representatives: Irvin Tull and has no present intention to tack and and Sheldon, Tex., on the one hand, and, Fred Rahal, Jr. (same address as appli­ therefore does not identify the points or »o ™other’ Points in Alabama, Arkan­ cant) . Authority sought to operate as a territories which can be served through sas. Florida, Georgia, Illinois, Indiana, common carrier by motor vehicle, over tacking. Persons interested in the tack­ «•ansas, Kentucky, Louisiana, Missouri, irregular routes, transporting: Buildings, ing possibilities are cautioned that fail­ Mississippi, North Carolina, Ohio, Okla- buildings in sections and parts and ac­ ure to oppose the application may result noma, Pennsylvania, South Carolina, cessories, from Ogden, Utah, to points in in an unrestricted grant of authority. and VirSiiiia. No t e: Appli- the United States (except Alaska, Hawaii, If a hearing is deemed necessary, appli­ ^ tes that the requested authority California, Nevada, Arizona, and New cant requests it be held at Des*Moines, ^ tacked with its existing au- Mexico). No te: Common control and Iowa. y- *?. a hearing is deemed neces- dual operations may be involved. Appli­ No. MC 108053 (Sub-No. 92), filed H ^ appllcant requests it be held at cant states that the above sought au­ Houston or Dallas, Tex. December 8, 1969. Applicant: LITTLE thority could be tacked with its Sub 341 AUDREY’S TRANSPORTATION CO., l 9? " 3 (Sub-No. 483), filed but to do so is not the purpose of this INC., Post Office Box 129, Fremont, Nebr. D » i 9;.1969- APPHcant: MORGAN application. If a hearing is deemed nec­ 68025. Applicant’s representative: Carl ton A ' AWA£ INC-* 2800 West Lexing- essary, applicant requests it be held at L. Steiner, 39 South La Salle Street, cam w nUe’ Elkhart' 46514. Appli- Salt Lake City, Utah. Chicago, HI. 60603. Authority sought to sani q«^l^Feeentatives: Paul D. Borghe- No. MC 107295 (Sub-No. 267), filed operate as a common carrier, by motor S anniil ^ Ph. H> Mnier (same address December 4, 1969. Applicant: PRE-FAB vehicle, over irregular routes, transport­ ate * Authority sought to oper- TRANSIT CO., a corporation, 100 South ing: Meats, meat products, and meat over^ carrier hy motor vehicle, Main Street, Farmer City, 111. 61842. byproducts, arid articles distributed by Trailerf r^gHlar routes, transporting: Applicant’s representative: Dale L. Cox, meat packinghouses, as described in ap­ senger *?e drawn by pas- Post Office Box 146, Farmer City, 111. pendix I to the report in Descriptions in from es’ 111 initial movements, 61842. Authority sought to operate as a Motor Carrier Certificates, 61 M.C.C. 209 to Poffitf^".Washington County, owa., common carrier, by motor vehicle, over and 766 (except hides and commodities in Alaska anri* -S16 EPlted States (except irregular routes, transporting: Storage bulk, in tank vehicles); (1) from Ar­ states th ? t ti,oaWaU) i N ote:- Applicant racks, and pallet racks, from Houston, kansas City and Wichita, Kans., to points not be tar.£ fequested authority can- Tex., to points in the United States (ex­ in Arizona, California, Idaho, Nevada, If a ^ e a r iS ^ ii itS^existing authority, cept Alaska and Hawaii). Note: Appli­ Utah, and Washington; and (2) from cant appli- cant states that the requested authority Kansas City, Kans., to points in Arizona, equests it be held at Tulsa, Okla. cannot be tacked with its existing au­ Idaho, Nevada (except Las Vegas and

No. IQ. FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 564 NOTICES

Reno>, Oregon, Utah, and Washington. Applicant states that the requested au­ hearing is deemed necessary, applicant Note : Applicant states that the requested thority can be tacked with its existing requests it be held at Columbus or Cin­ authority cannot be tacked with its exist­ authority but indicates that it has no cinnati, Ohio, or Washington, D.C. ing authority. Common control may be present intention to tack and therefore No. MC 112822 (Sub-No. 139), filed involved. If a hearing is deemed neces­ does not identify the points or territories December 1, 1969. Applicant: BRAY sary, applicant requests it be held at which can be served through tacking LINES INCORPORATED, Post Office Kansas City, Kans, Persons interested in the tacking possi­ Box 1191,1401 North Little Street, Cush­ No. MC 108068 (Sub-No. 87>, filed De­ bilities are cautioned that failure to op­ ing, Okla. 74023. Applicant’s representa­ cember 8, 1969. Applicant: TRI-STATE pose the application may result in an tive: Carl L. Wright (same address as MOTOR TRANSIT CO., operator of unrestricted grant of authority. If a applicant). Authority sought to operate U.S.A.C. TRANSPORT, INC., Post Of­ hearing is deemed necessary, applicant as a common carrier, by motor vehicle, fice Box G, Joplin, Mo. 64801. Applicant’s requests it be held at Chicago, 111. over irregular routes, transporting: Plas­ representatives: A. N. Jacobs (same ad­ No. MC 108449 (Sub-No. 306), filed tic pipe, plastic tubing, plastic conduit, dress as applicant) and Wilburn L. Wil­ December 5, 1969. Applicant: INDIAN- plastic mouldings, valves, fitting com­ liamson, 600 Leininger Building, Okla­ HEAD TRUCK LINE, INC., 1947 West pounds, joint sealer, bonding cement, homa City, Okla. 73112. Authority sought County Road C, St. Paul, Minn. 55113. thinner, vinyl building products and ac­ to operate as a common carrier, by motor Applicant’s representatives: Wallace A. cessories used in the installation of such vehicle, over irregular routes, transport­ Myllenbeck (same address as above) products, from McPherson, Kans., Waco, ing : Heating and air-conditioning equip­ also Adolph J. Bieberstein, 121 West Doty Tex., and Social Circle, Ga„ to points in m ent and parts, from Minneapolis, Minn., Street, Madison, Wis. 53703. Authority the United States (except Alaska and to points in the United States (except sought to operate as a common carrier, Hawaii). Note : Applicant states that the Alaska and Hawaii). No te: Applicant by motor vehicle, over irregular routes, requested authority cannot be tacked states that the requested authority can­ transporting: Petroleum and petroleum with its existing authority. If a hearing is not be tacked with its existing authority. products, from points in Milwaukee deemed necessary, applicant requests it Common control may be involved. If a County, Wis., to the Upper Peninsula of be held at Oklahoma City, Okla., St. hearing is deemed necessary, applicant Michigan. No te: Applicant states that Louis, Mo., or Wichita, Kans. requests it be held at Washington, D.C., the requested authority cannot be tacked No. MC 113267 (Sub-No. 227), filed or Chicago, HI. with its existing authority. If a hearing December 11, 1969. Applicant: CEN­ is deemed necessary, applicant requests TRAL & SOUTHERN TRUCK LINES, No. MC 108207 (Sub-No. 279), filed INC., 312 West Morris Street, Caseyville, December 10, 1969. Applicant: FROZEN it be held at Chicago, HI., or Minne­ apolis, Minn. HL 62232. Applicant’s representative: FOOD EXPRESS, a corporation, 318 Lawrence A. Fischer (same address as Cadiz, Post Office Box 5888, Dallas, Tex. No. MC 111785 (Sub-No. 46), filed De­ applicant). Authority sought to operate 75222. Applicant’s representative: Ralph cember 8, 1969. Applicant: BURNS MO­ as a common carrier, by motor vehicle, W. Pulley, Jr., 4555 First National Bank TOR FREIGHT, INC., Post Office Box over irregular routes, transporting: Bur­ Building, Dallas, Tex. 75202. Authority 149, U.S. Highway 219 North, Marlinton, lap bags, and burlap bagging, from sought to operate as a common carrier, W. Va. 24954. Applicant’s representative: Charlotte, N.C., and Savannah, Ga., to by motor vehicle, over irregular routes, Theodore Polydoroff, 1140 Connecticut points in Illinois, Indiana, Ohio, Mich­ transporting: (1) Meats, meat products, Avenue NW., Washington, D.C. 20036. igan, Iowa, Wisconsin, Minnesota, and meat byproducts, and articles distributed Authority sought to operate as a common Kentucky. No te: Applicant states that by meat packinghouses as defined by the carrier, by motor vehicle, over irregular the requested authority cannot be tacked Commission, dairy products, frozen foods, routes, transporting: (1) Wooden pallets, with its existing authority. If a hearing salad dressing, yeast, uncooked bakery contain-a-pallets, lumber and shipping is deemed necessary, applicant requests goods, fish, and prepared salads, in vehi­ devices, from points in Cuyahoga County, it be held at Charlotte or Raleigh, N.C. cles equipped with mechanical refrigera­ Ohio, to points in New Jersey, Maryland, No. MC 113651 (Sub-No. 129), filed tion; and (2) foodstuffs, in vehicles Virginia, North Carolina, and Tennes­ October 7, 1969. Applicant: INDIANA equipped with mechanical refrigeration see; (2) shipping devices and contain-a- REFRIGERATOR LINES, INC., 2404 (except those described in paragraph (1) pallets, from points in Cuyahoga County, North Broadway, Muncie, Ind. 47303. above), when moving in mixed loads Ohio, to points in Alabama, Arkansas, Applicant’s representative: Henry A. with one or more of the commodities de­ Colorado, Connecticut, Delaware, Flor­ Dillon (same address as applicant). Au­ scribed in paragraph (1) above, from ida, Georgia, Iowa, Kansas, Kentucky, thority sought to operate as a common points in Texas to points in Arkansas, Louisiana, Maine, Massachusetts, Min­ carrier, by motor vehicle, over irregular Oklahoma, Kansas, Missouri, Illinois, nesota, Mississippi, Missouri, Nebraska, routes, transporting: Meats, fresh and Louisiana, Iowa, Michigan, Minnesota, New Hampshire, New Mexico, New York, m eats fresh frozen, from the plantsite Mississippi, Wisconsin, Ohio, South Da­ North Dakota, Oklahoma, Rhode Island, and/or cold storage facilities utilized by kota, Indiana, Louisville, Ky., Memphis, South Carolina, South Dakota, Texas, Wilson & Co., Inc., located at or near Term., and Nebraska, restricted against Vermont, West Virginia, and Wisconsin; Hereford, Tex., to points in Connecticut, the transportation of the above-described and (3) nails, from Port Newark, N.J., Delaware, Maine, Maryland, Massachu­ commodities in bulk, in tank vehicles. Richmond and Norfolk, Va., and Balti­ setts, New Jersey, New York, Pennsy - No te: Applicant states it will tack with more, Md., to points in Tucker County, vania, Rhode Island, Vermont, and tn its existing authority in MC 108207 Sub W. Va. No te: Applicant states that the District of Columbia, restricted to tne 147 over Texas to serve all States from requested authority cannot be tacked transportation of traffic originating at California. If a hearing is deemed nec­ with its existing authority. If a hearing the above-named origin and destined essary, applicant requests it be held at is deemed necessary, applicant requests the above-named destinations. Note. Dallas, Tex. it be held at Charleston, W. Va. a hearing is deemed necessary, applicant No. MC 108449 (Sub-No. 305), filed No. MC 112595 (Sub-No. 40), filed De­ does not specify a location. , December 5, 1969. Applicant: INDIAN- cember 12, 1969. Applicant: FORD No. MC 113651 (Sub-No. HEAD TRUCK LINE, INC., 1947 West BROTHERS, INC., Post Office Box 727, October 7, 1969. A p p lic a n t:JS Jo S a County Road C, St. Paul, Minn. 55113. Ironton, Ohio 45638. Applicant’s repre­ REFRIGERATOR LINES, INC., 24 Applicant’s representatives: Wallace A. sentative: Charles F. Dodrill, Post Office North Broadway, Muncie, Ind. 47303. ap Myllenbeck (same address as applicant) Box 1824, Huntington, W. Va. 25719. Au­ plicant’s representative: Henry A. D also Adolph J. Bieberstein, 121 West thority sought to operate as a common (same address as above). Authority Doty Street, Madison, Wis. 53703. Au­ carrier, by motor vehicle, over irregular sought to operate as a common car * thority sought to operate as a common routes, transporting: Asphalt and as­ by motor vehicle, over irregular ’ carrier, by motor vehicle, over irregular phalt products, in bulk, in tank vehicles transporting: Meats, meat_prof:^F-hute^ routes, transporting: Petroleum and from Lockland (Cincinnati), Ohio, to meat byproducts and articles distri petroleum products, from Spring Valley, points in Indiana. No te: Applicant states by meat packinghouses, as descn Minn., and points within 5 miles thereof that the requested authority cannot be sections A and C of appendix I to tnere port in Descriptions in Motor Ca to points in Wisconsin and Iowa, No te: tacked with its existing authority. If a

1 FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 NOTICES 565

Certificates, 61 M.C.C. 209 and 766 (ex­ thority held to conduct operations within sachusetts, Michigan, New Hampshire, cept hides and commodities in bulk, in Canada. If a hearing is deemed neces­ New Jersey, New York, Ohio, Pennsyl­ tank vehicles) from Clarinda, Postville, sary, applicant requests it be held at vania, Rhode Island, Vermont, and the and Storm Lake, Iowa, to points in Con­ Washington, D.C. District of Columbia. Restricted: Re­ necticut, Delaware, District of Columbia, No. MC 113974 (Sub-No. 38), filed De­ stricted to traffic originating at the Maine, Maryland, Massachusetts, New cember 3, 1969. Applicant: P ITTS­ plantsite and/or cold storage facilities Hampshire, New Jersey, New York, BURGH & NEW ENGLAND TRUCKING utilized by Wilson & Do. located at or Pennsylvania, Rhode Island, Vermont, CO., a corporation, 211 Washington Ave­ near Logansport, Ind., and destined to Virginia, and West Virginia. Note: Ap­ nue, Dravosburg, Pa. 15034. Applicant’s the above-specified destination points. plicant states that the requested author­ representative: W. H. Schlottman (same No te: If a hearing is deemed necessary, ity cannot be tacked With its existing address as applicant). Authority sought applicant requests it be held at Chicago, authority. If a hearing is deemed neces­ to operate as a common carrier, by motor HI. sary applicant requests it be held at vehicle, over irregular routes, transport­ No. MC 114362 (Sub-No. 11), filed De­ Chicago, 111., or Washington, D.C. ing : ( 1 ) Iron and steel and iron and steel cember 3, 1969. Applicant: H. A. PIERCE , No. MC 113678 (Sub-No. 370), filed articles, as described in appendix V to AND R. E. SCHUSTER, a partnership, November 25, 1969. Applicant: CURTIS, to the report in Descriptions in Motor doing business as PIERCE-SCHUSTER INC., Post Office Box 16004, Stockyards Carrier Certificates, 61 M.C.C. 209, 276- TRUCK LINES, Freeborn, Minn. 56032. Station, Denver, Colo. 80216. Applicant’s 279, from Aliquippa and Pittsburgh, Pa., Applicant’s representative: A. R. Fowler, representative: Duane W. Acklie, Post to points in Florida, Georgia, North Car­ 2288 University Avenue, St. Paul, Minn. Office Box 806, Lincoln, Nebr. 68501. Au­ olina, South Carolina, and Virginia,' and 55114. Authority sought to operate as a thority sought to operate as a common (2) plastic coated wrought steel pipe, common carrier, by motor vehicle, over carrier, by motor vehicle, over irregular from Pittsburgh, Pa., to points in Ten- irregular routes, transporting: Fertilizer, routes, transporting: Meat, meat prod­ . nessee. No te: Applicant states that the fertilizer materials, and fertilizer in­ ucts, meat byproducts, and articles dis­ requested authority could be tacked at gredients, from Humboldt, Iowa, to tributed by m eat packinghouses, from any of the origin points, to heavy hauling points in Minnesota, and points in Bon Harlan, Iowa, to points in Massachu­ authority covering points in Pennsyl­ Homme, Brookings, Clay, Hanson, setts, New York, New Jersey, and Penn­ vania, Ohio, and West Virginia within Hutchinson, Kingsbury, Lake, Lincoln, sylvania. Note : Applicant states that the 125 miles of Wheeling, W. Va. Common McCook, Miner, Minnehaha, Moody, requested authority cannot be -tacked control may be involved. If a hearing is Turner, Union, and Yankton Counties, with its existing authority. If a hearing deemed necessary, applicant requests it S. Dak. No te: Applicant states that the is deemed necessary, applicant requests be held at Pittsburgh, Pa., or Washing­ requested authority can be tacked with it be held at Omaha, Nebr., or Sioux City, ton, D.C. Iowa. its existing authority but indicates that it No. MC 113974 (Sub-No. 39), filed De­ has no present intention to tack and No. MC 113678 (SuJ>-No. 373), filed cember 9, 1969. Applicant: P IT T S­ therefore, does not identify the points or December 11, 1969. Applicant: CURTIS, BURGH & NEW ENGLAND TRUCK­ territories which can be served through INC., Post Offiee Box 16004, Stockyards ING CO., a corporation, 211 Washington Station, 4810 Pontiac Street, Denver, tacking. Persons interested in the tack­ Avenue, Dravosburg, Pa. 15034. Appli­ ing possibilities are cautioned that fail­ Colo. 80216. Applicant’s representative: cant’s representative: W. H. Schlottman ure to oppose the application may result Duane W. Acklie, Post Office Box 806, (same address as applicant). Authority 521 South 14th Street, Lincoln, Nebr. in an unrestricted grant of authority. If sought to operate as a common carrier; a hearing is deemed necessary, applicant 68501. Authority sought to operate as a' by motor vehicle, over irregular routes, requests it be held at Minneapolis, Minn. common carrier, by motor vehicle, over transporting: Plastic coateds wrought irregular routes, transporting: Meats, No. MC 114533 (Sub-No. 204), filed steel pipe, from North Lima, Ohio, to December 18, 1969. Applicant: BANK­ meat products, m eat byproducts and ar­ points in Georgia, North Carolina, South ticles distributed by meat packinghouses ERS DISPATCH CORPORATION, 4970 Carolina, and Tennessee. No te: Appli­ South Archer Avenue, Chicago, HI. 60632. as described in sections A and C of ap­ cant states that the requested authority pendix I to the report in Descriptions in Applicant’s representatives: Warren W. can be tacked with its existing authority, Wallin, 330 South Jefferson Street, Chi­ Motor Carrier Certificates, 61 M.C.C. 209 but indicates that it has no present in­ and 766 (except commodities in bulk, in cago, HI. 60606, and Arnold Burke, 2220 tention to tack, and therefore does not Brunswick Building, 69 West Washing­ tank vehicles, and hides), from Clarinda, identify thè points or territories which Postville, and Storm Lake, Iowa, to ton Boulevard, Chicago, HI. 60602. Au­ can be served through tacking. Persons thority sought to operate as a common romwilh .Virginia, Maryland, Delaware, interested in the tacking possibilities are he District of Columbia, New Jersey, carrier, by motor vehicle, over irregular Pennsylvania, New York, Connecticut, cautioned that failure to oppose the ap­ routes, transporting: Woven labels, plication may result in an unrestricted yarns, fibers, and other related textile hode Island, Massachusetts, Vermont, grant of authority. If a hearing is deemed ew Hampshire, and Maine. No te: Ap­ supplies and parts, between Holdrege, necessary, applicant requests it be held Nebr., on the one hand, and, on the plicant states that the requested author- at Chicago, HI., or Washington, D.C. 9nu?ai^10*' ke ticked with 5its existing otheri, Omaha, Nebr., restricted to the uthonty. If a hearing is deemed neces- No. MC 114273 (Sub-No. 53), filed De­ transportation of shipments having an sary, applicant requests it be held at cember 1, 1969. / Applicant: CEDAR imniediately prior or subsequent move­ &ioux City, Iowa, or Omaha, Nebr. RAPIDS STEEL TRANSPORTATION, ment by air. No te: Applicant states that INC., Post Office Box 68, 3930 16th Ave- the requested authority .cannot be MSI 113784 (Sub-No. 35), filed De- nUeSW., Cedar Rapids, Iowa 52406. Ap­ Tpfwor,8’ 1969- APPlicant: LAIDLAW tacked with its existing authority. Ap­ ^ANSPOR-r LIMITED, a corporation, plicant’s representative: Robert E. Kon- plicant holds contract carrier authority iPst Office Box 430, Hagersville, Ontario, char, 315 Commerce Exchange Building, under MC 128616, therefore, dual opera­ 2720 First Avenue NE., Cedar Rapids,. Davuf ai Applicant’s representative: tions may be involved. Common control Iowa 52402. Authority sought to operate may be involved. If a hearing is deemed AvpniiaA\l^ut]}erlund’ 1140 Connecticut as a common carrier, by motor vehicle, necessary, applicant requests it be held th oX l’o WasJington, D.C. 20036: Au- over irregular routes, transporting: carriJi ??uglli' to operate as a common at Omaha, Nebr., or Kansas City, Mo Meats, meat products, meat byproducts, No. MC 114632 (Sub-No. 24), filed routes v!?y molor vehicle, over irregular and articles distributed by meat pack­ November 17, 1969. Applicant: APPLE and Iron and steel, iron inghouses, as described in sections A and LINES, INC., 225 South Van Epps, Madi­ nets bptJ °riiu*eS-’ and ^fractory prod- C of appendix I of the report in De­ at or the international boundary, son, S. Dak. 57022. Applicant’s repre­ scriptions in Motor Carrier Certificate, sentative: Einar Viren, 904 City National P ortE ^ vitwifton' Niagara Palls, and 61 M.C.C. 209 and 766, except hides and Bank Building, Omaha, Nebr. 68102. Au­ fato n v ° ntario> Canada, and the Buf- commodities in bulk in tank vehicles, thority sought to operate as a common by intprqVPPP ercial zone, as defined from the plantsite and cold storage fa­ carrier, by motor vehicle, over irregular Note- An^uiL (?ommerce Commission, cilities of Wilson & Co., located at or near routes, transporting: (l) Meats, meat sought w ^ Can^ states the authority^ Logansport, Ind., to points in Connecti­ ght herem will be joined with au- products and meat byproducts and ar­ cut, Delaware, Maine, Maryland, Mas- ticles distributed by meat packinghouses

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 566 NOTICES as described in sections A and C of ap­ bama, Mississippi, Louisiana, and Ar­ Minneapolis, “IVIinn., Chicago, HI., or pendix I to the report in Descriptions in kansas. Restriction: Service from Chat­ Washington, D.C. Motor Carrier Certificates, 61 M.C.C. 209 tanooga, Tenni, to points in Florida is No. MC 117765 (Sub-No. 92), filed De­ and 766, except hides and commodities limited to traffic originating at Chatta­ cember 3, 1969. Applicant: HAHN in bulk, in tank vehicles, and foodstuffs, nooga and destined to points in Florida. TRUCK LINE, INC., 5315 Northwest except meats and packinghouse products Note : Common control may be involved. Fifth, Oklahoma City, Okla. 73107. Ap­ as described above, when moving in the Applicant states it intends to tack with plicant’s representative: F. E. Hagan same vehicle at the same time with meats its Sub-4 and Sub-146, however, does not (same address as applicant). Authority and packinghouse products, from Fre­ identify the points or territories which sought to operate as a common carrier, mont, Nebr., to points in Illinois, Kansas, can be served through tacking. Persons by motor vehicle, over irregular routes, and Missouri; and (2) meats, meat prod­ interested in the tacking possibilities are transporting: Salt and salt products, ucts and meat byproducts,' and articles cautioned that failure to oppose the ap­ mineral feed mixtures, materials and distributed by-meat packinghouses as de­ plication may result in an unrestricted supplies used in agricultural, water treat­ scribed in sections A and C of appendix I grant of authority. If a hearing is deemed ment, food processing, wholesale grocery, to the report in Descriptions in Motor necessary, applicant requests it be held and institutional supply industries in Carrier Certificates, 61 M.C.C. 209 and at Chattanooga, Tenn., or Birmingham, mixed loads with salt and mineral mix­ 766, except hides and commodities in Ala. tures, and materials and supplies used in bulk, in tank vehicles, from Huron, S. No. MC 116448 (Sub-Np. 3), filed De­ manufacture and processing of salt and Dak., to points in Iowa, Indiana, and cember 1, 1969. Applicant: RAYMOND salt products; (1) between plantsite and Nebraska, restricted to shipments orig­ WOODSON, doing business as WOOD- warehouse facilities. of Carey Salt Co., inating at: In (1) the plantsite and/or SONS TRUCKING SERVICE, 700 New Orleans, La., and points in Arkansas, warehouse facilities of Geo. A. Hormel Continental, Wellsville, Mo. 63384. Kansas, Louisiana, Mississippi, Missouri, and Fremont, Nebr.; and in (2) the Applicant’s representative: Herman W. Oklahoma, Tennessee, and Texas; and plantsite and/or warehouse facilities of Huber, 101 East High Street, Jefferson (2) between plantsite and warehouse Rod Barnes Packing Co., Huron, S. Dak.; City, Mo. 65101. Authority sought to op­ facilities of Carey Salt Co., Hutchinson, and in (1) and (2) to shipments destined erate as a common carrier, by motor Kans., and points in Louisiana. Note: to the named States. No te: Applicant vehicle, over irregular routes, transport- . Applicant states that the requested au­ states that the requested authority can­ ing: Wooden pallets, pallet materials, thority cannot be tacked with its exist­ not be tacked with its existing authority. and wood chips, from points in Mont­ ing authority. If a hearing is deemed Applicant is also authorized to operate gomery County, Mo., to Alton, HI., and necessary, applicant requests it be held under MC 129760, as a contract carrier, points within the commercial zone at Oklahoma City, Okla., or Wichita, therefore, dual operations may be in­ thereof. No te: Applicant states that the Kans. volved. If a hearing is deemed necessary, requested authority cannot be tacked No. MC 118159 (Sub-No. 84), filed De­ applicant requests it be held at Chicago, with its existing authority. If a hearing cember 1, 1969. Applicant: EVERETT 111., or Minneapolis, Minn. is deemed necessary, applicant requests LOWRANCE, INC., 4916 Jefferson High­ No. MC 115523 (Sub-No, 159), filed it be held at Jefferson City or St. Louis, way, New Orleans, La. Applicant’s repre­ December 3, 1969. Applicant: CLARK Mo. sentative: David D. Brunson, 419 TANK LINES COMPANY, a corpora­ No. MC 117344 (Sub-No. 199), filed Northwest Sixth Street, Oklahoma City, tion, 1450 Beck Street, Salt Lake City, December 11, 1969. Applicant: THE Okla. 73102. Authority sought to operate Utah 84116. Applicant’s representative: MAXWELL CO., a corporation, 10380 as 'a Common carrier, by motor vehicle, H. E. Barker (same address as above). Evendale Drive, Cincinnati, Ohio 45215. over irregular routes, transporting: Spice Authority sought to operate as a com ­ Applicant’s representative: James R. sets, in glass containers and/or racks, mon carrier, by motor vehicle, over ir­ Stiverson, 50 West Broad Street, Colum­ from Tulsa, Okla., to points in the United regular routes, transporting: Soda ash, bus, Ohio 43215. Authority sought to op­ States (except Alaska and Hawan). in bulk, from points in San Bernardino erate as a ' common carrier, by motor No te:- Applicant states that the re­ and Inyo Counties, Calif., to points in vehicle, over irregular routes, transport­ quested authority cannot be tacked with Nevada: No te: Applicant states that the ing: Silica gel catalyst, in bulk, from its existing authority. If a hearing is requested authority cannot be tacked deemed necessary, applicant requests it with its existing authority. No duplicat­ Cincinnati, Ohio, to points in Montana, Utah, and Wyoming. No te: Applicant be held at Dallas, Tex., Oklahoma City, ing authority is being sought. If a hear­ states that the requested authority can­ Okla., or Washington, D.C. ing is deemed necessary, applicant re­ J io . MC 118959 (Sub-No. 58), filedLD 35201. Applicant’s representatives-: *C. E. Highway 75 North, Post Office Box 417, Sioux City, Iowa 55102. Applicant’s rep­ from Chicago, 111., to points in Indiana, Wesley, (same address as above) and Missouri, Ohio, Kentucky, Tennessee E. Stephen Heisley, 666 11th Street NW., resentative: George L. Hirschbach (same address as applicant). Authority sought Kansas, and Iowa. Note: Applicant Washington, D.C. 20001. Authority states-Jt presently holds contract carr* sought to operate as a common carrier, to operate as a common carrier, by motor vehicle, over irregular routes, transport­ authority under its permit No. mo by motor vehicle, over irregular routes, 125664 and subs thereunder, thereiore ing: Meats, meat products and meat by­ transporting: Foodstuffs (except m eats, - dual operations may be involved, app meat products, meat byproducts, dairy products, and articles distributed by meat packinghouses, as described in sec­ cant further states $hat the replies*®“ products, articles distributed by meat authority cannot be tacked with its ex packinghouses, unfrozen, and frozen tions A and C of appendix I to the re­ port in Descriptions in Motor Carrier ing authority. No duplicating .au“V j foods, and candy, and except in bulk), In is being sought. If a hearing 1S he vehicles equipped with mechanical re­ Certificates 61 M.C.C. 209 and 766, from the plantsite and/or storage facilities of necessary, applicant requests it t frigeration, when moving in mixed loads held at Chicago, 111., or St. Louis, Mo. with meats, meat products, meat by­ Wilson & Co., Inc., located at or near Albert Lea, Minn., to points in Georgia, No. MC 118959 (Sub-No. 60), filed D J products, articles, distributed by meat cember 9, 1969. Applicant: J _ products, dairy products, articles dis­ Kentucky, Louisiana, Mississippi, Ten­ nessee, restricted to traffic originating at LIPPS, INC., 130 South Frederick S tre , tributed by meat packinghouses, frozen Cape Girardeau, Mo. 63701. Aut. foods, and candy (presently authorized), the above plantsite and/or storage facil­ ities and destined to the above-named sought to operate as a common ca > from Chattanooga, Temi., tò points in by'motor vehicle, .over irregular r°u ’ ■North Carolina, South Carolina, Virginia, States. No te: If a hearing is deemed West Virginia, Georgia, Florida, Ala­ necessary, applicant requests it be held at transporting: Paper and paper proau >

FEDERAL REGiSTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, T970 NOTICES 567

from the plantsite of Union Camp Corp., Street, Chicago, 111. 60609. Applicant’s necessary, applicant requests it be held located at Affton, Mo., to points in Ken­ representative: Arthur J. Piken, 160-16 at Minneapolis, Minn. tucky, Tennessee, Mississippi, Alabama, Jamaica Avenue, Jamaica, N.Y. 11432. No. MC 119988 (Sub-No. 26) (Correc­ Georgia, South Carolina, North Carolina, Authority sought to operate as a common tion), filed November 3, 1969, published Florida, Louisiana, Texas, New Mexico, carrier, by motor vehicle, over irregular in the F ederal R egister issue of Decem­ Arizona, Colorado, Oklahoma, Kansas,< routes, transporting: Meats, meat prod­ ber 11, 1969, corrected and republished Indiana, Ohio, Pennsylvania, New York, ucts, meat byproducts, packinghouse in part, as corrected, this issue. Appli­ New Jersey, Illinois, Michigan, Minne­ products and articles distributed by meat cant: GREAT WESTERN TRUCKING sota, Wisconsin, North Dakota, South packinghouses as described in sections CO., INC., 811% North Timberline Drive, Dakota, Nebraska, Missouri, and Arkan­ A and C of appendix I to the report in Post Office Box 1384, Lufkin, Tex. 75902. sas. Note: Applicant states that the Descriptions in Motor Carrier Certifi­ Applicant’s representative: Bennie W. requested authority cannot be tacked cates, 61 M.C.C. 209 and 766 (except hides Haskins (same address as above). No te: with its existing authority. Applicant and skins and except commodities in The purpose of this partial republication holds contract carrier authority under bulk, in tank vehicles), from the plant- is to reflect section 203(b) (7) of the Act, MC 125664, therefore dual operations sites and/or cold storage facilities of in lieu of section 208(b) (7) of the Act, may be involved. If a hearing is deemed Wilson & Co., Inc., at Monmouth, 111., to in Item 2. The rest of the application necessary applicant requests it be held at points in Maryland, New York, New Jer­ remains the same. St. Louis, Mo., or Chicago, HI. sey, Maine, New Hampshire, Vermont, No. MC 121499 (Sub-No. 3) (Clarifica­ No. MC 119441 (Sub-No. 19), filed De­ Massachusetts, Connecticut, Rhode Is­ cember 8, 1969. Applicant: BAKER HI- tion), filed September 9, 1969, published land, Delaware, District of Columbia, and in the F ederal R egister issue of Octo­ WAY EXPRESS, INC., Box 484, Dover, Pennsylvania, restricted to the transpor­ Ohio 44622. Applicant’s representative: ber 23,1969, and republished as clarified, tation of traffic originating at the above- this issue. Applicant: WILLIAM HAYES Richard H. Brandon, 79 East State specified origins and destined to the Street, Columbus, Ohio 43215. Authority LINES, INC., Hartman Drive, Post Of­ above-specified destinations. No te: Ap­ fice Box 610, Lebanon, Tenn. 37087. Ap­ sought to operate as a common carrier, plicant .states that the requested author­ by motor vehicle, over irregular routes, plicant’s representative: William Hayes ity cannot be tacked with its existing (same address as applicant). Authority transporting: (1) Clay products, other authority. If a hearing is deemed neces­ than in bulk, between Columbus and sought to operate as a common carrier, sary, applicant requests it be held at by motor vehicle, over regular routes, Upper Sandusky, Ohio, on the one hand, Chicago, 111. and, on the other, points in Pennsyl­ transporting: General commodities ex­ vania, New York, West Virginia, Virginia, No. MC 119619 (Sub-No. 20), filed De­ cept those of unusual value, household Delaware, New Jersey, Maryland, Con­ cember 3, 1969. Applicant: DISTRIBU­ goods as defined by the Commission in necticut, Rhode Island, Massachusetts, TORS SERVICE CO., a corporation, 2000 17 M.C.C. 467, commodities in bulk, and and the District of.Columbia; and (2 ) West 43d Street, Chicago, 111. 60609. Ap­ commodities requiring special equipment, materials and supplies (except com­ plicant’s representative: Arthur J. Piken, between Lebanon, Tenn., and Atlanta, modities in bulk) used in the manufac­ 160-16 Jamaica Avenue, Jamaica, N.Y. Ga.; (a) from Lebanon over U.S. High­ ture of clay products, from points in 11432. Authority sought to operate as a way 23IS to Murfreesboro, Tenn., thence Pennsylvania, New York, West Virginia, common carrier, by motor vehicle, over over U.S. Highway 41 to Atlanta, and Virginia, Delaware, New Jersey,, Mary­ irregular routes, transporting: Meats, return over the same route; and (b) land, Connecticut, Rhode Island, Mas­ meat products, meat byproducts, pack­ from Murfreesboro over Interstate High­ sachusetts, and the District of Columbia, inghouse products and articles distrib­ way 24 to Chattanooga^, thence over In ­ to Columbus and Upper Sandusky, uted by meat packinghouses as described terstate Highway 75 to Atlanta and re­ Ohio. Note : Applicant states that the re­ in sections A and C of appendix I to the- turn over the same route, serving' no quested authority cannot be tacked with report in Description of Motor Carrier intermediate points in connection with its existing authority. If a hearing is Certificates, 61 M.C.C. 209 and 766 (ex­ (a) and (b) above, and serving Mur­ deemed necessary, applicant requests cept hides and skins and except com­ freesboro for joinder only. Restriction: 11 held at Washington, D C. modities in bulk, in tank vehicles), from Restricted against the handling of traffic No. MC 119560 (Sub-No. 9), filed No- the plantsites and/or cold storage facil­ which originates at, is destined to, or is ities of Wilson & Co., Inc., at Logansport, S K jS ; 17’ 1969- APPlicant: SOUTH- interchanged at Nashville, Tenn., and ERN BULK HAULERS, INC., Post Office Ind., to points in Maryland, New York, - points in its commercial zone. No te: The nox 278, Harleyville, S.C. 29448. Appli- New Jersey, Maine, New Hampshire, Ver­ purpose of this republication is to show cTant s representative: Prank A. Graham, mont,^ Massachusetts, Connecticut, serving no intermediate points. If a hear­ Jr., 707 Security Federal Building, Co- Rhode Island, Delaware, Pennsylvania, ing is deemed necessary, applicant re­ S-C‘ 29201> Authority sought to and the District of Columbia, restricted quests it be held at Nashville, Tenn. ' voh-i6 35 a common carrier, by motor to the transportation of traffic originat­ No. MC 123067 (Sub-No. 99), filed 0ver irr.e§ular routes, transport­ ing at the above-specified origins and December 12, 1969. Applicant: M & M e d oement mix, asphalt, sand, rock or destined to the above-specified destina­ TANK LINES, INC., Post Office Box 612, o S crushed’ ground, or natural), tile tions. Note : If a hearing is deemed necesc Winston-Salem, N.C. 27102. Applicant’s n)or,+> coating, hydraulic ce- sary, applicant requests it be held at representative: B. M. Shirley, Jr. (same masonry Chicago, 111. ■Dntnh ™rylic 'PQints> vinyl concrete address as applicant). Authority sought wnileS’ adhesives, liquid asphalt No. MC 119767 (Sub-No. 232), filed to operate as a common carrier, by motor vin'>+J*.COal’itar emulsion, patching December 15, 1969. Applicant: BEAVER vehicle, over irregular routes, transport­ lafpvn/i COlf- .weather additive, liquid TRANSPORT CO., a corporation, 100 ing: Lime, limestone, and limestone matter and paper bags, South Calumet Street, Burlington, Wis. products, from points in Giles County, load« ln iJa,gs* in mixed or straight 53105. Applicant’s representative: A. Va., to points in North Carolina, Virginia, Readvmf°mTthe plantsite of Carolina Bryant Torhorst (same address as appli­ and West Virginia. No te: Applicant S c y+UX’ -in0-’ ut or near Columbia, cant). Authority sought to operate as a states that the requested authority can­ North Florida, Georgia, common carrier, by motor vehicle, over not be tacked with its existing authority. ADDiimntrf+ll^a’ ^nd Tennessee. Note: irregular routes, transporting: (1) Fresh Common control and dual operations thoritv pq Stat.es. that l*® requested au- and frozen meats, from St. Cloud, Minn., may be involved. If a hearing is deemed ing anthan^0t 1)6 tacked with its exist- to points in Illinois, Indiana, Iowa, Mich­ necessary, applicant requests it be held in?olved 3 l' S om mon control may be igan, Ohio, Wisconsin, and Missouri; and at Raleigh. N.C. sarv an«? a J)earmg is deemed neces- (2) foodstuffs, from Belding, Mich., to No. MC 123111 (Sub-No. 6) (Amend­ Columh^ l " ) reC |ueste it be held at points in Wisconsin, Minnesota, Iowa, ment), filed August 22, 1969, published « K a Ga Char N-C-North or Dakota, and South Dakota, in the F ederal R egister issues of Septem­ No te: Applicant states that the re­ ber 25, 1969, and October 23, 1969, and ^ 3 ^ 19), filed quested authority cannot be tacked with republished as amended this issue. Ap­ UTOR^ QwJ™- Applicant: DISTRIB- its existing authority. Common control plicant: QUEENSWAY TANK LINES ° RS SERVICE CO., 2000 West 43d may be involved. If a hearing is deemed LIMITED, a corporation, Queensway

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 568 NOTICES

Road, Chesterville, Ontario, Canada. Ap­ No. MC 123639 (Sub-No. 120), filed No­ South Jackson, Eagle Grove, Iowa 50533. plicant’s representative: S. Harrison vember 24, 1969. Applicant: J. B. MONT­ Applicant’s representative: William A. Kahn, Suite 733, Investment Building, GOMERY, INC., 5150 Brighton Boule­ Landau, 1451 East Grand Avenue, Des Washington, D.C. 20005. Authority vard, Denver, Colo. 80216. Applicant’s Moines, Iowa 50306. Authority sought to sought to operate as a common carrier, representative: David Senseney, 3395 operate as a common carrier, by motor by motor vehicle, over irregular routes, South Bannock, Englewood, Colo. 80110. vehicle, over irregular routes, transport­ transporting: Fuel oil and kerosene, in Authority sought to operate as a com ­ ing: Feed ingredients, from Clinton, bulk, in tank vehicle, from ports of entry mon carrier, by motor vehicle, over ir­ Iowa, to points in Illinois, Iowa, Minne­ along the United States-Canada bound­ regular routes, transporting: Meat, m eat sota, Missouri, Nebraska, and Wisconsin. ' ary line between the States of New York products, meat byproducts, dairy prod­ Note : Applicant states that the re­ and Vermont and the Province of Quebec, ucts and articles distributed by meat quested authority cannot be tacked with Canada, on the one hand, and, on packinghouses as defined in sections A, its- existing authority. Applicant holds the other, all points and places in the B, and C of appendix I in Descriptions contract carrier authority under MC States of Maine, Vermont, New Hamp­ in Motor Carrier Certificates 61 MCC 209 118468 and subs thereunder, therefore, shire, Massachusetts, Connecticut, and 766, from Sterling, Colo., to points in dual operations may be involved. If a Rhode Island, and New York. Note: Ap­ Pennsylvania, New York, Maryland, hearing is deemed necessary, applicant plicant "states that the requested au­ Delaware, Rhode Island, Connecticut, requests it be held at Des Moines, Iowa. thority cannot be tacked with its existing Maine, New Hampshire, Kentucky, Mas­ No. MC 125473 (Sub-No. 9), filed De­ authority. The purpose of this republica­ sachusetts, New Jersey, Vermont, and cember 11, 1969. Applicant: YAZOO tion is to reflect a change in the terri­ the District of Columbia. Note: Appli­ /TRUCKING ÇO., INC., Post Office Box torial scope of, the application. If a hear­ cant states that the requested .authority 625, Yazoo City, Miss. 39194. Applicant’s ing is deemed necessary, applicant re* cannot be tacked with its existing au­ representative: Donald B. Morrison, 717 quests it be held at Syracuse, Albany, or thority. If a hearing is deemed necessary, Deposit Guaranty National Bank Build­ New York, N.Y. applicant requests it be held at Denver, ing, Post Office Box 22628, Jackson, Miss. No. MC 123383 (Sub-No. 44), filed Colo. ' 39201. Authority sought to operate as a December 10, 1969. Applicant: BOYLE No. MC 124032 (Sub-No, 11), filed De­ contract carrier, by motor vehicle, over BROTHERS, INC., 2036 SoutH Fourth cember 3,1969. Applicant: REED’S FUEL irregular routes, transporting: Manufac­ Street, Camden, N.J. Applicant’s repre­ COMPANY, a corporation, 138 Fifth tured fertilizer and fertilizer materials, sentative: Morton E. Kiel, 140 Cedar Street, Springfield, Oreg. 97477. Appli­ dry, in containers, from the plantsite of Street, New York, N.Y. 10006. Authority cant’s representative: Robert P. Hollis, Monsanto Co., located near Luling, La., sought to operate as a common carrier, 1121 Commonwealth Building, Portland, to points in Mississippi, under contract by motor vehicle, over irregular routes, Oreg. 97204. Authority sought to operate with Monsanto Co. Note: If a hearing transporting: Building materials (except as a common carrier, by motor vehicle, is deemed necessary, applicant requests those in bulk, and those which because over irregular routes, transporting: Lum- . it be held at Jackson, Miss. of size or weight require the use of spe­ ber, hardboard, and wood chip products, No. MC 127584 (Sub-No. 4), filed cial equipment), from points in New from points in Lane County, Oreg., to December 3, 1969. Applicant: AERO Jersey and New York within 25 miles of ports on the Siuslaw River, located at or TRANSPORTERS, INC., Box 551, Ellen- Newark, N.J., including Newark, N.J., to near Florence, Oreg., restricted to traffic ville, N.Y. 12428. Applicant’s represent­ points in Virginia. Note: Applicant states having a subsequent movement by water. atives: Martin Werner and Norman that the requested authority cannot be Note : Applicant states it holds authority Weiss, 2 West 45th Street, New York, tacked with its existing authority. Ap­ under MC 124032 (Sub-No. 5) to trans­ N.Y. 10036. Authority sought to operate plicant. further states it presently pro­ port said commodities requested herein as a contract carrier, by motor vehicle, vides service through a gateway plant to the above described points (except over irregular routes, transporting. at Camden, N.J., and the purpose of this ports on the Siuslaw River). The pur­ Aluminum, aluminum mill products and application is to eliminate need of the pose of the instant application is to per­ materials, supplies and equipment used gateway. If a hearing is deemed neces­ mit a continuation of service to newly in connection with the manufacture, sary, applicant requests it be held at developing port facilities along the river production and distribution of aluminum New York, N.Y. in the,.vicinity of Florence. All such du­ and aluminum mill products (except No. MC 123465 (Sub-No. 4), filed No­ plicating authority shall be eliminated, Commodities in bulk, in tank vehicles), vember 24, 1969. Applicant: ST HYA- if and when the'present application is between points in the town of Wawarsing CINTHE EXPRESS, INC., 7770 Bruillette granted. Applicant further states that (Ulster County), N.Y., on th.e one hand, Street, St-Hyacinthe, Quebec, Canada. the requested authority cannot be tacked and, on the other, points in Kentucky, Applicant’s representative: John J. with its existing authority. If a hearing Missouri, North Carolina, South Caro­ Brady, Jr., 75 State Street,. Albany, N.Y. is deemed necessary, applicant requests lina, and Tennessee, under a continuing 12207. Authority sought to operate as a it be held at Eugene or Portland, Oreg. contract or contracts with V.A.W. o contract carrier, by motor vehicle, over No. MC 124117 (Sub-No. 4), filed De­ America, Inc., of the town of Wawarsing, irregular routes, transporting: (1) Wood cember 5, 1969. Applicant: EARL FREE­ N.Y. Note: If a hearing is deemed neces­ products and parts thereof, such as, but MAN, doing business as MID-TENN sary, applicant requests it be held at Ne not limited to, wood panels, cabinets, EXPRESS, Post Office Box 101, Eagle- York, N.Y. shelving, office and bank furniture, pi* ville, Tenn. 37060. Applicant’s represent­ No. MC 127657 (Sub-No. 3), filedl De­ anos, radio and TV cabinets and coffins ative: Walter Harwood, 1822 Parkway cember 3, 1969. Applicant: HAWAIIAN assembled and/or knocked down, all un- Towers, Nashville, Tenn. 37219. Author­ PACKING AND CRATING COMPANY,. crated, and wooden parts thereof crated ity sought to operate as a common car­ LTD., a corporation, 611 Middle Stre , and uncrated, moving, in the same ship­ rier, by motor vehicle, over irregular Honolulu, Hawaii 96819. Applicant’s rep­ ments with the wood products, from routes, transporting: Malt beverages and resentative: Alan F. Wohlstetter, 1 ports of entry on the international related advertising materials,- from ragut Square South, Washington, D. • boundary line between the United States Winston-Salem, N.C.; St. Joseph, Mo.; 20006. Authority sought to operate as and Canada located in Maine, Vermont, Newport, Ky.; and Perry, GAf, to points common carrier, by motor vehicle, New York, Michigan, and Wisconsin, to in that pgrt of Tennessee on and west of irregular routes, transporting: Gener points in the United States including U.S. Highway 27 and east of the western commodities (except commodities or i traversal of the Tennessee River. Note: Alaska (but excepting Hawaii), and (£) narily transported in dump trucks), furniture pads and packing materials Applicant states that the requested au­ used to protect said commodities while thority cannot be tacked with its existing tween points in Hawaii, restricted to ra being transported, on return, under con­ authority. If a hearing is deemed neces­ fic originating at or destined to tract with Casavant Freres Limitee, St. sary, applicant requests it be held at beyond the State of Hawaii. Note. 0 Hyacinthe, Quebec, Canada, in connec­ Nashville, Tenn. mon control may be involved. If a tion with (1) and (2) above. Note: If a No. MC 124813 (Sub-No. 71), filed De­ ing is deemed necessary, applicant cember 9, 1969. Applicant: UMTHUN hearing is deemed necessary, applicant quest it be held at Honolulu, Hawaii. requests it be held at Albany, N.Y. TRUCKING CO.,"' a corporation, 910

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 NOTICES 569

No. MC 127952 (Sub-No. 16), filed De­ Jersey, and Iowa, to Redfield, S. Dak.; foods (except berries, fruits, and vege­ cember 19, 1969. Applicant: BLACK­ under contract with Harry’s Station, tables), from St. Paul and Twin Lakes, BURN TRUCK LINES, INC., 4998 Bran- Redfield, S, Dak. No te: If a hearing is Minn., and Monroe, Eau Claire, and yon Street, South Gate, Calif. Applicant’s deemed necessary, applicant requests it Portage, Wis., to points in Connecticut, representative: Warren N. Grossman, 825 be held at Redfield or Aberdeen, S. Dak. Delaware, Kentucky, Maine, Maryland, City National Bank Building, 606 South No. MC 133000 (Sub-No. 3), filed De­ Massachusetts, New Hampshire, New Olive Street, Los Angeles, Calif. 90014. cember 3, 1969. Applicant: DIAMOND Jersey, New York, Pennsylvania, Rhode Authority sought to operate as a contract SAND & STONE CO., a corporation, 744 Island, Vermont, Virginia, West Virginia, carrier, by motor vehicle, over irregular Riverside Avenue, Post Office Box 4667, and the District of Columbia. Note : Ap­ routes, transporting: Empty glass con­ Jacksonville, Fla. 32204. Applicant’s rep­ plicant states that tacking possibilities tainers, on pallets, from points in Los resentative: Martin Sack, Jr., 1754 Gulf exist with authority sought in Docket Angeles County, Calif., to points in Ari­ Life Tower, Jacksonville, Fla. 32207. MC 133689. Persons interested in the zona, under contract with Ball Bros. Co., Authority sought to operate as a common tacking possibilities are cautioned that Inc., Brockway Glass Co., Glass Con­ carrier, by motor vehicle, over irregular failure to oppose the application may re­ tainers Corp., Owens-Illinois, Inc., An­ routes, transporting: Dolomite, in bulk, sult in an unrestricted grant of author­ chor Hocking Corp., and Latchford Glass from points in Taylor County, Fla., to ity. Applicant states that the purpose of Co. Note: If a hearing is deemed neces­ points in Georgia and Alabama. Note.: the instant application is to convert the sary, applicant requests it be held at Los Applicant states that the requested au­ permit in MC 76025 Sub 8 to a certificate Angeles, Calif. thority cannot be tacked with its exist­ as a common carrier. Applicant holds No. MC 128375 (Sub-No. 37), filed De­ ing authority. If a hearing is deemed nec­ contract carrier authority under MC cember 8, 1969. Applicant: CRETE CAR­ essary, applicant requests it be held at 76025 and subs thereunder, therefore, RIER CORPORATION, Post Office Box Jacksonville, Fla. dual operations may be involved. If a 249, Crete, Nebr. 68333. Applicant’s rep­ No. MC 133453 (Sub-No. 4), filed No­ hearing is deemed necessary, applicant resentative: Richard A. Peterson, 521 vember 19, 1969. Applicant: TROJAN requests it be held at Minneapolis, Minn.; South 14th Street, Post Office Box 806, TRANSPORTATION, INC. (formerly M. Chicago, 111.; or Washington, D.C. Lincoln, Nebr. 68501. Authority sought Milestone, Inc., as amended Dec. 30, No. MC 133960 (Sub-No. 1), filetL to operate as a contract carrier, by mptor 1969), 2729 Federal Street, Philadelphia, December 3, 1969. Applicant: GEORGE vehicle, over irregular routes, transport­ Pa. 19145. Applicant’s representative: J. RIEDER, doing business as RIEDER ing: (1) Wire rope and prestressed, rein­ Leonard A. Jaskiewicz, 1730 M Street TRANSPORTATION COMPANY, 34 forced strand cable, from Trenton and NW., Suite 501, Washington, D.C. 20036. Champion Road, Gloucester, N.J. 08030. Roebling, N.J., and Palmer, Mass., and Authority sought to operate as a contract Applicant’s representative: V. Baker points in their commercial zones to points carrier, by motor vehicle, over irregular Smith, 2107 The Fidelity Building, Phil­ in Wyoming, Colorado, Texas, Oklahoma, routes, transporting: Containers, m ateri­ adelphia, Pa. 19109. Authority sought to Utah, Arizona, California, Oregon, and als, and supplies used in the manufac­ operate as a common carrier, by motor Washington; and (2) iron apd steel arti­ ture of beverages, from Bound Brook, yehicle, over irregular routes, transport­ cles from Pueblo, Colo,, and points in its Carlstadt, Elizabeth, and Linden, N.J.; ing: Kitchen appliances and fixtures, commercial zone to points in Califronia, Baltimore, Md.; Farmingdale, Jamaica, from Camden, N.J., to points in Pennsyl­ under contract with CF & I Steel Corp. Mount Kisco, Newburgh and Rochester, vania and Delaware and refused, dam­ Note: If a hearing is deemed necessary, N.Y.; Norfolk and Richmond, Va.; and aged shipments, or used appliances or applicant requests it be held at Denver, Norton and Worcester, Mass.; to Phila­ fixtures, from points in Pennylvania or Colo., or Lincoln, Nebr. delphia,-Pa., under contract with Boule­ Delaware to Camden, N.J. No te: If a No. MC 128570 (Sub-No. 12), filed De­ vard Beverage Co. No te: .If a hearing is hearing is deemed necessary, applicant cember 1, 1969. Applicant: BROOKS deemed necessary^ applicant requests it requests it be held at Philadelphia, Pa. ARMORED CAR SERVICE, INC., 13 be held at Philadelphia, Pa. No. MC 133964 (Sub-No. 1), filed East 35th Street, Wilmington, Del. 19802. No. MCv 133543 (Sub-No. 1), filed De­ December 8, 1969. Applicant: WATER­ Applicant’s representative: L. Agnew cember 1, 1969. Applicant: D. F. HOL­ FRONT HAULERS, INC., Calliope and Myers, Jr., Suite 1122, Warner Building, BROOK, INC., 29 School Street, Leba­ Delta Streets, New Orleans, La. 70130 onn/w 3th Street NW., Washington, D.C. non, N.H. 03766. Applicant’s representa­ Post Office Box 1503, Chalmette, La’. ¿0004. Authority sought to operate as a tive: Ridler W. Page (same address as ap­ 70043. Applicant’s representatives: Ed­ common carrier, by motor vehicle, over plicant) . Authority sought to operatea s a ward A. Winter, 235 Rosewood Drive, irregular routes, transporting: Data contract carrier, by motor vehicle, over Metairie, La. 70005, and Salvador J.' processing machine and typeivriter parts irregular routes, transporting: Meats Forte (same address as above). Author­ ana articles pertaining thereto, between and meat products, from West Lebanon, ity sought to operate as a common car­ New York, n .Y., and Philadelphia, Pa., N.H.; to points , in New Hampshire, Ver­ rier , by motor vehicle, over irregular the one hand, and, on the other, mont, and Massachusetts under contract routes, transporting: Ships spare parts, No te: S arf Aand Trenton, N.J. Note : Appli- with The Holbrook Grocery Co. supplies, equipment, and machinery, (in cant states that the requested authority Applicant states that no duplicating au­ bond), loose or in packages, from New Pe tacked with its existing au­ thority is being sought. If a hearing is Orleans, La., city-front docks and docks thority. Applicant holds contract au- deemed necessary, applicant requests it in the Chalmette, La., area, and New thonty under MC 115601 Sub 3, therefore be held at Concord, N.H. Orleans International Airport, to docks hpfi- ope.ratl°hs may be involved. If a No. MC 133689 (Sub-No. 3), filed De­ located at Baton Rouge, Burnside, Gram- cember 15, 1969. Applicant: OVER­ ercy, Port Allen, and St. Rose, La. rennicf ?fwde*fmed necessary, applicant LAND EXPRESS, INC., 651 First Street No te: If a hearing is deemed necessary p u S S , p f at Wilmlngton-Dei- °r SW., Post Office Box 2667, New Brighton, applicant requests it be held at New Minn. 55112. Applicant’s representatives: Orleans or Baton Rouge, La. cemhP^? (Sub-No. 2), filed De- James F. Sexton (same address as appli­ No. MC 133971 (Sub-No. 2), filed J ^E-TTrRQ^T9, Applicant : WILLIAM cant) and Charles W. Singer, 33 North T E W ^ S ? ^ ’ doing business as PE- November 24, 1969. Applicant: TRUAX Dearborn Street, Chicago, 111. 60602. Au­ TRUCK LINE, INC., Post Office Box 248, 427 West Fourth thority sought to operate as a common Egan, La. 70531. Applicant’s representa­ can??r’p? Se!d’ S> Dak- ¡>7469. Appli- carrier, by motor vehicle, oven irregular tive: Edward A. Winter, 235 Rosewood 2 8 Ea,t S eSe^tative: Galen G- Gillette, routes, transporting: Meats, meat prod­ -Drive, Metairie, La. 70005. Authority 57469tA^?+l?nti Avenue> Redfield, S. Dak. ucts, meat byproducts, dairy products, sought to operate as a common carrier, contrarfU™°nty to operate as a and articles distributed by meat pack­ by motor vehicle, over irregular routes, i n ^ r Z Z t e r \ b y motor vehicle, over inghouses as described in sections A, B, transporting: Roofing, from Marrero, tons a lS . lnnte&’ transporting: E99 car- and C of appendix I to the report in De­ La., to points in Mississippi. No te: If a from nn\r\?9- Ca,ses’ a n d ^Hers therefore, scriptions in Motor Carrier Certificates, m Minnesota, Illinois, Ohio, hearing is deemed necessary, applicant 61 M.C.C. 209 and 766 (except com­ requests it be held at New Orleans or , New York, Pennsylvania, New modities in bulk) and canned and frozen Baton Rouge, La.

FEDERAt REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 570 NOTICES

No. MC 134162, filed November 12, utaries to points in Ohio, West Virginia, by the Commission, and points in Illinois, 1969. Applicant: TRUCKWAY SERV­ and Kentucky. Restriction: The service Indiana, Michigan, New York, Pennsyl­ ICE, INC., 1099 Oakwood Boulevard, De­ sought immediately above is restricted vania, Virginia, West Virginia, and the troit, Mich. 48217. Applicant's represent­ to traffic having a prior movement, by District of Columbia; (14) salt, from atives: Herbert Baker and James R. water; (8) packaged individual servings points in Michigan, to points in Illinois, Stiverson, 50 West Broad Street, Colum­ of foodstuffs and condiments, in mixed Indiana, Kentucky, New York, Ohio, bus, Ohio 43215. Authority sought to loads with salt (presently authorized); Pennsylvania, and West Virginia; operate as a common carrier, by motor from St. Clair, Mich., to points in Ohio, (15) Products used in agricultural, vehicle, over irregular_routes, transport­ Indiana, and Illinois; water treatment, food processing, whole­ ing: (1) Salt, in truckloads, from Port (9) R ock salt, in bulk, from Archbold,sale grocery and institutional supply in­ Huron, Detroit, and St. Clair, Mich., and Ohio, to points in Indiana; (10) rock salt, dustries, when shipped in mixed ship­ points within 1 mile of Port Huron, to in bulk, between points in Illinois, Indi­ ments with salt and salt products (pres­ all points in Indian#, Illinois, and Ohio; ana, Kentucky, Ohio, Pennsylvania, and ently authorized); (a) from Port Huron, (2) salt, (a) from Cleveland and Pair- the Lower Peninsula of Michigan. Re­ Detroit, and St. Clair, Mich., and points port, Ohio, to points in Delaware, Illinois, strictions: The services sought herein are within 1 mile of Port Huron,in all points Indiana, Kentucky, Maryland, Michigan, subject to the following conditions: The in Indiana, Illinois, and Ohio; (b) from New Jersey, New York, Pennsylvania, operations sought herein are restricted Akron, Ohio, to points in Delaware, Virginia, West Virginia, and the District against the following: (1) Traffic mov­ Illinois, Indiana, Kentucky, Maryland, of Columbia; and (b) from Akron and ing between points in Pennsylvania; (2) Michigan, New Jersey, New York, Penn­ Rittman, Ohio, to points in Delaware, traffic moving between points within 40 sylvania, Virginia, West Virginia, and Maryland, New Jersey (except points in miles of Monroe, Mich.; (3) traffic mov­ the District of Columbia; (c) from Cleve­ New Jersey in the Philadelphia, Pa., ing from Lucas County, Ohio, to points in land, Ohio, to points in Delaware, Illi­ commercial zone, as defined by the Michigan arid Indiana; and (4) traffic nois, Indiana, Kentucky, Maryland, Commission, and the New York, N.Y., moving between points in Ashtubula, Michigan, New Jersey; New York, Penn­ commercial zone, as defined by the Com­ Cuyahoga, Franklin, Lake, Licking, Mus­ sylvania, Virginia, West Virginia, and mission) , and Kentucky (except Coving­ kingum, Summit, and Wayne Counties, the District of Columbia; (d) from Wat­ ton, Louisville, and Newport, K y .); and Ohio, on the one hand, and, on the other, kins Glen, N.Y., to points in Indiana, returned pallets, on return; (3) salt, in points in Indiana, Kentucky, Michigan, Michigan, and Ohio; (e) from Detroit; bulk, from Watkins Glen, N.Y., to points and Pennsylvania; (11) materials and Mich., to points in Kentucky; (f) be­ in Indiana, Michigan, and Ohio; (4) supplies used in the agriculture, water tween points in Illinois, Indiana, Ken­ rock salt, in bulk from ports of entry on - treatment,, food* processing, wholesale tucky, Ohio, Pennsylvania, and the the international boundary line between grocery, and institutional supply indus­ Lower Peninsula of Michigan; and (16) the United States and Canada, located tries (except commodities in bulk),' in salt, from Chicago, HI., to points in In­ on the St. Marys, St. Clair, Detroit, mixed loads with salt and salt products diana, Michigan, and Ohio. Note: Ap­ Niagara, and St. Lawrence Rivers, Sagi­ (presently authorized); (a) from Fair- plicant presently holds contract carrier naw Bay, and on the lakes of St. Claire, port, Ohio, to points in Delaware, Illinois, authority under its permit MC 114115 Ontario, Erie, Huron, Superior, and Indiana, Kentucky, Maryland, Michigan, and subs thereunder. No duplicating au­ Michigan (except Wisconsin ports on New Jersey, New York, Pennsylvania, thority is sought. Applicant further Lake Michigan, and Wisconsin and Min­ Virginia, West Virginia, and the District states the purpose of this application is nesota ports on Lake Superior), to points of Columbia; (b) from Rittman, Ohio, to to seek conversion of its contract carrier in Delaware, Illinois, Indiana, Kentucky, points in Delaware, Maryland, New Je r­ authority to common carrier authority. Maryland, New Jersey, New York, Ohio, sey (except points in New Jersey in the If a hearing is deemed necessary, appli­ Pennsylvania, Virginia, West- Virginia, Philadelphia, Pa., commercial zone as cant requests it bri held at Washington, and the District of Columbia. defined by the Commission, and the New D.C., or Columbus, Ohio. Restrictions: The service sought herein York, N.Y., commercial zone, as defined No. MC 134194, filed December 1, 1969. is subject to the following conditions: - by the Commission), and Kentucky Applicant: NORMAN C. EMERSON, Box The above-described operations are re­ (except Covington, Louisville, and 161, Springfield, Vt. 05156. Applicants stricted (a) to shipments which have had Newport); representative: Frederick T. O’Sullivan, a prior movement by water from Gode­ (c) From points of entry on the 372 Granite Avenue, Milton, Mass. 02186. rich and Ojibway, Ontario, Canada; United States-Canada boundary line, lo­ Authority "sought to operate as a com­ Detroit, Mich.; Cleveland and Fairport, cated on the 5t. Marys, St. Clair, Detroit, mon carrier, by motor vehicle, over ir­ Ohio; and (b) against the transporta­ Niagara, and St. Lawrence Rivers, Sagi­ regular routes, transporting: tion of any shipments 1) between points naw Bay, and on the Lakes of. St. Clair, picture films and accessories, including within 40 miles of Monroe, Mich., and Ontario, Erie, Huron, Superior, and advertising matter, between Boston, (2) from Manistee, Mich., to points in Michigan (except Wisconsin ports on Mass., on the one hand, and, on the other, Illinois, Indiana, and Ohio; (5) salt, in Lake Michigan and Wisconsin and Min­ points in Vermont and New Hampshir . bulk, in dump trucks; from Akron, Ohio, nesota ports on Lake Superior), to points* Note : Applicant states it does not intend to Covington, Louisville, and Newport, in Delaware, Illinois, Indiana, Kentucky, to tack. If a hearing is deemed necessary, Ky., points in New Jersey located in the Maryland, New Jersey, New York, Ohio, applicant requests it be held at Mon Philadelphia, Pa., and New York, N.Y., Pennsylvania, Virginia,- West Virginia, pelier, Vt., Concord, N.H., or Boston, commercial zones, as defined by the and the District of Columbia; (d) be­ Commission, and points in Illinois, Indi­ tween points in Ohio (except those in No. MC 134197, filed December 4, 1969. ana, Michigan, New York, Pennsylvania, Ashtabula, Columbiana, Cuyahoga, Gea­ Applicant: JACKSON AND JOHNSON, Virginia, West Virginia, and the District uga, Mahoning, Portage, Summit, and INC., West Church, Box 7, Savannah- of Columbia; (6) salt, from Detroit, Trumbull Counties); (e) between points N.Y. 13146. Applicant’s representative. in West Virginia; (f) between points in Mich., to points in Kentucky; (7) salt, Raymond A. Richards, 23 i.v in bulk; (a) between points in Ohio (ex­ Kentucky; (g) between points in Michi­ Street, Webster,- N.Y. 14580. Authority cept those in Ashtabula, Columbiana, gan (except from Detroit and Port Hu­ sought to operate as a common car < Cuyahoga, Geauga, Mahoning, Portage, ron, Mich., to points in the Lower by motor vehicle, over irregular r0 ’ Peninsula of Michigan); (12) salt, in Summit, and Trumbull Counties); (b) transporting: Foodstuffs, between points in West Virginia; (cj packages, from points in Hamilton frozen, and canning materials and suv County, Ohio, to poirits in Illinois, Indi­ between points in Kentucky; (d) be­ plies, between Hamlin* Holley, an“ . tween points in Michigan (except from ana, Kentucky, Pennsylvania, West Vir­ liamson, N.Y., to points in Connectocu , Detroit and Port Huron, Mich., to points, ginia, and the Lower Peninsula of Michigan; (13) salt, from Akron and Massachusetts, and Rhode Island. , in the Lower Peninsula of Michigan). Applicant states that the requeste _ Rittman, Ohio, to Covington, Louisville, Restrictions: The service sought above thority cannot be tacked with its is restricted to traffic having a prior and Newport, Ky., points in New Jersey ing authority. If a hearing is deem movement by rail; and, from water- located in the Philadelphia, Pa., and New terminals on the Ohio River and its’ trib­ York, N.Y., commercial zones, as defined necessary, applicant requests it be

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 NOTICES 571 at Rochester, Buffalo, or New York, N.Y. routes, transporting: Paper cups, paper DACK TRANSIT LINES, INC., 495 No. MC 134198, filed December 1, dishes, plastic cups, plastic lids, and pa­ Broadway, Kingston, N.Y. 12401. Ap­ 1969. Applicant: HARDEE’S TRANS­ per covers, under contract with Solo Cup plicant’s representative: James E. Wil­ PORTATION SYSTEM, INC., 1233 North Co. No te: If a hearing is deemed neces­ son, 1735 K Street NW„ Washington, Church Street, Rocky Mount, N.C. 27801. sary, applicant requests it be held at D.C. 20006. Authority sought to operate Applicant’s representative: Leslie R. Baltimore, Md., or Washington, D.C. as a common carrier, by motor vehicle, Kehl, 420 Denver Club Building, Denver, No. MC 134230, filed December 8, 1969. over regular routes, transporting: P as­ Colo. 80202. Authority sought to operate Applicant: WALLACE L. SMITH, 560 sengers and their baggage, and express as a contract carrier, by motor vehicle, South Fairview, Prineville, Oreg. 97754. and newspapers in the same vehicle with over irregular routes, transporting: Food­ Applicant’s representative: Earle V. passengers, between junction New York stuffs, restaurant equipment, and sup­ White, 2400 Southwest Fourth Avenue, Highway 208 and New York Highway plies, between points in the United Portland, Oreg. 97201. Authority sought 17K and junction New York Highway 52 States (except Alaska and Hawaii), to operate as a common carrier, by motor and New York Highway 376 at or near under a continuing contract with Caro­ vehicle, over irregular routes, transport­ East Fishkill, N.Y., from junction New lina Foods, Inc., Golden Shore Seafoods, ing: Lumber, from John Day, Oreg., to York Highway 208 and New York High­ Inc., New Orleans Shrimp Co., Inc., Fruitland, Idaho. Note : If a hearing is way 17K, over New York Highway 17K Gol-Pak Corp., H.G.C. Construction and deemed necessary, applicant requests it to Newburgh, N.Y., thence over New Equipment Co., Inc., Fast Foodmakers, be held at Portland, Oreg. . York Highway 9W to junction Inter­ Inc., and Hardee Products, Inc.; re­ No. MG 134231, filed December 8, 1969. state Highway 84, thence over Interstate stricted to movements from or to facili­ Applicant: SERVICE MOVING & Highway 84 to junction New York High­ ties of the specified companies or public TRANSFER, INC., 910, Keck Avenue, way 9D, thence over New York Highway warehouses. No te: If a hearing is deemed Evansville, Ind. 47711. Applicant’s repre­ 9D to,. Beacon, N.Y. thence over New necessary, applicant requests it be held sentative: John E. Lesow, 3737 North York Highway 52 to junction New York at Denver, Colo. Meridian Street, Indianapolis, Ind. 46208. Highway 376 at or near East Fishkill, No. MC 134208, filed December 5, 1969. Authority sought to operate as a contract N.Y., ¡and return over the same route Applicant: L. V. Kirkman, doing business carrier, by motor vehicle, over irregular serving all, intermediate points. No té: as KIRKMAN’S AIRPORT TRANS­ routes, transporting: New household Applicant states no duplicating authority PORTATION COMPANY, Post Office goods, furniture and furnishings, and is being sought. If a hearing is deemed Box 3014, Greensboro, N.C. Applicant’s office furniture and furnishings, in retail necessary, applicant requests it be held representative: M. Bruce Morgan, 201 deliveries only, from Evansville, Ind., to' at Kingston or Albany, N.Y. Azar Building, Glen Burnie, Md. 21061. points in Indiana, Kentucky, and Illinois; No. MC 2835 (Sub-No. 35), filed De­ Authority sought to operate as a com ­ under contract with Stewart’s Depart­ cember 12, 1969. Applicant: ADIRON­ mon carrier, by motor vehicle, over ir­ ment Store, Evansville, Ind., and Univer­ DACK TRANSIT LINES, INC., 495 regular routes, transporting: G eneral sal Furniture Co., Evansville, Ind. No te: Broadway, Kingston, N.Y. 12401. Appli­ commodities (except dangerous articles, If a hearing is deemed necessary, appli­ cant’s representative: James E. Wilson, commodities in bulk, commodities re­ cant requests it be held at Indianapolis 1735 K Street NW., Washington, D.C. quiring special equipment, commodities or Evansville, Ind. 20006. Authority sought to operate as a contaminating to other lading, and No. MC 134232, filed December 10,1969. common carrier, by motor vehicle, over household goods) ; restricted to freight Applicant: WESTERN STATES TRANS­ regular routes, transporting: Passengers having prior or subsequent movement PORT, INC., Post Office Box 20, Boise, and their baggage and express and news­ by air and further restricted to shipments Idaho 83707. Applicant’s representative: papers in the same vehicle with passen­ received from or delivered to air lines or Irene Warr, 419 Judge Building. Salt gers, between Kingston, N.Y., and Rhine- air freight forwarders at named airports, Lake City, Utah 84111. Authority sought beck, N.Y.; From Kingston over U.S. and further restricted to be applicable to operate as a contract carrier, by motor Highway 9W to junction New York High­ only on traffic moving on air bills of vehicle, over irregular routes, transport­ way 199, thence over New York High­ lading, between Greensboro-High Point- ing; Such merchandise as is dealt in by way 199 to junction New York Highway Winston-Salem Airport, in Guilford wholesale, retail, and chain grocers and 9G, thence over New York Highway 9G County, Greensboro, N.C., on the one food business houses, between points in to junction U.S. Highway 9, thence over hand, and, on the other, the Douglas - Washington, Oregon, California, Nevada, UB. Highway 9 to Rhinebeck, and return Field in Charlotte, N.C. No te: If a hehr- Utah, Idaho, Montana, Wyoming, and over the same route serving all intermedi­ mg is deemed necessary, applicant re­ Colorado under a continuing contract ate points. Nò te: Applicant states that quests it be held at Greensboro, N.C., or with Albertson’s, Inc. No te: If a hearing no duplicating authority is sought. Com­ Washington, D.C. is deemed necessary, applicant requests mon control may be involved. If a hear­ No. MC 134217, filed December 8, 1969. it be held at Salt Lake City, Utah, or ing is deemed necessary, applicant re­ Applicant: BOB KEATON, Post Office Boise, Idaho. quests it be held at Kingston or Albany, Box 1187, 1001 Lelia Street, Texarkana, N.Y. rex. 75501. Authority sought to operate Motor Carriers of P assengers Application of F reight F orwarder a contract carrier, by motor vehicle, No. MC 541 (Sub-No. 3), filed No­ Oklahoma, and Wis- ing: Passengers and their baggage in Interstate Commerce Commission Act, npop ' Note: Tf a hearing is deemed special racetrack operations, from Bris­ for a permit to institute operation as a ar S apy’ aPPhcant requests .it be held tol, Plainville, New Britain, and Meriden, freight forwarder, in interstate or for­ Port La* °r Houston’ Tex-> or Shreve- Conn., to the Rockingham Race Track eign commerce, through use of the facili­ in Salem, N.H., and the Green Mountain ties of common carriers by railroad, Ann?ipM<^ 134222, filed December 11,1969. Race Track in Pownal, Vt., and return. express, water, air, or motor vehicle in h S S g * CHARLES R. DISETA, doing No te: If a hearing is deemed necessary, the transportation of: General commod­ 908 v S ^ alLDlSETA TRUCKING CO., applicant requests it be held at Hartford, ities, between all points in the United A utw u1 Street> Baltimore, Md. 21202. Conn. States, restricted to shipments having a carripr k S0Ugkt to operate as a contract No. MC 2835 (Sub-No. 33), filed No­ prior or subsequent movement by > by motor vehicle, over irregular vember 24, 1969. Applicant: ADIRON- aircraft.

No. 10-----7 FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 572 NOTICES

Applications in W hich Handling W it h ­ § 1100 A0 of the general rules of practice the other, points in Pennsylvania, Mary­ out Oral H earing-H as B een R equested (49 CFR 1100.40) and filed within 15 days land, and the District of Columbia. from the date of publication of this notice John T. Tierney, Post Office Box 2009, No. MC 133302 (Sub-No. 3), filed Oc­ in the F ederal R egister. Pittsburgh, Pa. 15230, attorney for tober 23, 1969. Applicant: WICHITA- applicants. SOUTHEAST KANSAS TRANSIT, a L ong- and-S hort H aul No. MC-FC-71801. By order of Janu­ corporation, 624 East Morris Street, FSA.No. 41856—Phthalic anhydride to ary 8, 1970, the Motor Carrier Board Wichita, Kans. 67211. Applicant’s repre­ Baton Rouge, La. Filed by Traffic Execu­ approved the transfer to Black’s Motor sentatives: Lowell L. Rhodes (same ad­ tive Association—Eastern Railroads, Express, Inc., Wilmington, N.C., of cer­ dress as applicant) and Paul V. Dugan* agent (E.R. No. 2966) , for interested rail tificate No. MC-35374 issued January 21, 1400 Wichita Plaza, Wichita, Kans. 67202. carriers. Rates on phthalic anhydride, in 1947, to D. J. Black, doing business as Authority sought to operate as a common tank carloads, as described in the appli­ Black’s Motor Express, Wilmington, N.C., carrier, by motor vehicle, over irregular cation, from Bridgeville, Neville Island, authorizing the transportation of gen­ routes, transporting: General commodi­ Philadelphia, Pittsburgh, and Pittsburgh eral commodities, with the usual excep­ ties; (1) between Wichita, Kans., and (West End), Pa., to Baton Rouge, La. tions between Wilmington, N.C., and points in Cherokee, Crawford, Labette, Grounds for relief—Market competi­ Richmond, Va., serving the intermediate Neosho, and Wilson Counties, Kans.; (2) tion. point of Petersburg, Va., and between between Wichita, Kans., and points on Wilmington, N.C., and Warsaw, N.C., and south of U.S. Highway 54 in Allen, Tariff—Supplement 264 to Traffic Ex­ ecutive Association—Eastern Railroads, serving intermediate and off-route points Bourbon, Greenwood, and Woodson of Rocky Point, Burgaw, Tin City, Wal­ Counties, Kans.; ^(3) between Wichita, agent, tariff ICC C-334. lace, Rosehill, and Magnolia, N.C. Kans., and points in an area in Mont­ By the Commission. J. Ruffin Bailey, Post Office Box 2246, Ra­ gomery County, Kans., described as fol­ leigh, N.C. 27602, attorney for applicants. lows: The area north and east of a line [seal] H. Neil G arson, Secretary. -No. MC-FC-71805.'By order of Janu­ beginning at the point on the Mont­ ary 7, 1970, the Motor Carrier Board gomery County-Elk County boundary [F.R. Doc. 70-558; Filed, Jan. 14, 1970; 8:48 a.m.] approved the transfer to Emil B. Ludolph line where U.S. Highway 160 enters II, doing business as Ludolph Truck Line, Montgomery County, Kans., east on U.S. Westphalia, Kans. 66093, of the operat­ Highway 160 to junction U.S. Highways [Notice 476] ing rights in certificate No. MC-29605 160 and 169, thence south to the Kansas- issued May 24, 1961, to William E. Fry, Oklahoma boundary line; and serving all M&TOR CARRIER TRANSFER Westphalia, Kans. 66093, authorizing the points on U.S. Highways 160 and 169 in PROCEEDINGS transportation of agricultural imple­ said county; (4) between Wichita, Kans., J anuary 12, 1970. ments and parts, hardware, fertilizer, and Beaumont, Kans.; and (5) between flour, iron, and steel articles, fencing ma- , points in the counties and areas de­ Synopses of orders entered pursuant terials, roofing, feed, and seeds, from scribed herein. No te: Common control to section 212(b) of the Interstate Com­ Kansas City, Mo., and Kansas City, may be involved. Applicant states that merce Act, and rules and regulations Kans., to Westphalia, Kans., and points it does not intend to tack. prescribed thereunder' (49 CFR Part within 10 miles of Westphalia; and live­ No. MC 134104 (Sub-No. 2), filed Oc­ 1132), appear below: stock, between Kansas City, Mo., and tober 16, 1969. Applicant: GILBERT As provided in the Commission’s spe­ Kansas City, Kans., on the one hand, FONT & PETER J. BETZ, a partnership, cial rules of practice any interested per­ and, on the other, points within 10 doing business as B & F TRANSPORT son may file a petition seeking recon­ miles of Westphalia, K ans., including COMPANY, 110 Moriches Bypass, Center sideration of the following numbered Westphalia. Moriches, N.Y., 11934. Applicant’s repre­ proceedings within 20 days from the date No. M C-FC-71806. By order of Janu­ sentative: William J. Augello, Jr., 103 of publication of this notice. Pursuant ary 6, 1970, the Motor Carrier Board ap­ Fort Salonga Road, Northport, N.Y. to section 17(8) of the Interstate Com­ proved the transfer to Mabey’s Leasing, 11768. Authority sought to operate as a merce Act, the filing of such a petition Inc.1, Chatham, N.Y., of the operating common carrier, by motor vehicle, over will postpone the effective date of the rights in certificates Nos. MC-2221, MC- irregular routes, transporting: (1) In ­ order in that proceeding pending its di§r 2221 (Sub-No. 1), MC-2221 (Sub-No. 3), . dustrial refuse containers, from Linden­ position. The matters relied upon by and MC-2221 (Sub-No. 5) issued Octo­ hurst and Farmingdale, N.Y., to points petitioners must be specified in their peti­ ber 10,1940, February 26,1940, August 10, in Delaware, Iowa, Illinois, Indiana, Lou­ tions with particularity. 1944, and March 7, 1957, respectively, to isiana, Maryland, Michigan, Minnesota, Nor MC-FC-71753. By order of Janu­ Mabey’s Moving & Storage, Inc., Chat­ v New Jersey, Nebraska, Ohio, Oklahoma, ary 8, 1970, the Motor Carrier Board ham, N.Y., authorizing the transporta­ Pennsylvania, Virginia, Wisconsin, and approved the transfer to Del-Sco Trans­ tion of household goods, between Hudson, the District of Columbia, and m aterials fer, Inc., Selden, N.Y., of the operating N.Y., on the one hand, and, on the other, and supplies used in the manufacture of rights in permit No. MC-123374 issued points in Connecticut, Massachusetts, industrial refuse containers from Ohio, September 1, 1961, to Paul Scalice, New New Hampshire, New Jersey; New Yorx, Pennsylvania, and West Virginia to York, N.Y., authorizing the transporta­ Pennsylvania, Rhode Island, Vermont, Lindenhurst and Farmingdale, N.Y^; and tion of such commodities as, are dealt Indiana, and Ohio, and between Hudson, (2) lamp shades, from East Patchogue, in by manufacturers of office supplies, N.Y., and points in Columbia County, > N.Y., to points in Delaware, Maryland, from the site of the Wilson Jones Co. N.Y., within 20 miles of Hudson, on tne Pennsylvania, and the District uf Colum­ plant in Elizabeth, N.J., to New York, one hand, and, on the other, points m bia. Note : Applicant states that the re­ N.Y. Edward M. Alfano, 2 West 45th Connecticut, Indiana, Massachusetts, quested authority cannot be tacked with Street, New York, N.Y. 10036, attorney New Hampshire, New Jersey* New Yorfc, its existing authority. for applicants. Ohio, Pennsylvania, Rhode Island, Ver­ By the Commission. No. MC-FC-71793. By order of Janu­ mont, Delaware, Maryland, and the Dis­ [ seal] H. Neil Garson, ary 6, 1970, the Motor Carrier Board ap­ trict of Columbia; and bakery products, . Secretary,- proved the transfer to Dodson S. Waugh, doing business as Waugh Trucking Co., from Hudson, N.Y., to Pittsfield, Mass. [F.R. Doc. 70-479; Filed, Jan. 14, 1970; John J. Brady, Jr., 75 State Stree * . 8:45 a.m.] Berkeley Springs, W. Va., of certificate No. MC-127376 issued December 9, 1965, Albany, N.Y. 12207, , attorney l°r FOURTH SECTION APPLICATION FOR to Furniture Storage, Ltd., Pittsburgh, applicants. Tseal] H. Neil Garson, RELIEF Pa., authorizing the transportation of: l seal j xx. Secretary. J anuary 12, 1970. Household goods, as defined by the-Com- mission, between points in Morgan [F r ; doc. 70-559; Filed, Jan. l4> 1970, Protests to the granting of an applica­ 8:48 a.m.] tion must be prepared in accordance with County, W. Va., on the one hand, and, on

FEDERAL REGISTER, VOL. 35, NO. 10— THURSDAY, JANUARY 15, 1970 FEDERAL REGISTER 573

CUMULATIVE LIST OF PARTS AFFECTED— JANUARY

The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during January. 3 CFR Pftse 7 CFR-— Continued Page 12 CFR Page Proclamations: P roposed R u les—Continued 201------1 ------527 3454 (see Proc. 3953) _ 141 1013------435 204------ggg 3458 (see Proc. 3953)__ 141 1015------435 217------528 3548 (see Proc. 3953) 141 1016______435 306------400 3815 (see Proc. 3953) 141 1030 ------435 308------480 3952 ______41 1032 ------435 328------480 3953 ______"|41 1033 ------435 330------400 Executive Orders: 1034 ------435 331------May 16, 1911 (revoked in part 1035 ------435 335______«mu by PLO 4756) 227 1036 ------435 545------11075 (see Proc. 3953) 141 1040 ______435 561------17a Presidential D ocuments Other 1041------435 564______t-io Than P roclamations and E xecu­ 1043 ------435 640 ______“ iiq tive Orders: 1044 ------435 Determination of Dec. 30, 1046 ...... — ...... 435 13 CFR 1049 ______435 1969______43 121------— ------355 1050 ______435 5 CFR 1061 ____ 491; 14 CFR Ch. 1______500 316------41Q 1062 ______435 330 ______4J 3 1063 ______435 332------::::: 1064 ______435 1065 ______435 1068 ______435 7 CFR 1069 ------435 71----- _ 6, 101-103, 146, 307-310, 355, 356 1070 ______435 1071___ ;__ 43c 1073 _____ 435 1075 ______435 1076 ___ 435 1078 ------435 127 56------1«” 1079 ------435 135------151 1090 ------435 1094 , oc 225--—------162, 460 215...... ------¡ f } 288------iQ3 378------163 461 225------— — i l i 1098 _____ S i ------: : i 8i 1099 ____ 435 P roposed R u l e s : 1 ...... : ------283 1 1 0 1 ______435 401 21------380 722 166 25------386 ------¿ o í , 435 1104 ,oc 33------386 780__ *1» 353 1106 AOn 37— ------15,386 812_ 71 1108 , oc 43------386 813_ 72 65------gge 8i4_ 169 1120 >i oc 1121 AOtZ 71------105, 106, 184, 322-324 815___ zi* 1124 Aon 91------324, 386 850_ - - - 174 105------386 905------111 1126 Aon 907_ ------72 127------’32l 90s j. • 0, Zoo, Odi 1 1127 ,oc 208------184, 54S yl2_ ——* • Uj Jo4 1129 Aon 1130 Aon 214------184 1131 AOe 540 1132 Aon 298------1133__ Proposed R u le s: 1134------435 16 CFR 201_ 1136------435 1137______435 966 387 1138 ------435 501______-• nl 1001 ------105, 435 1002 ...... ----- —— 435 9 CFR P roposed R u l e s : 76 ------164, 165, 220, 354, 355, 414

1UÜ5 _ t o o 10 CFR 1007 _ ■ ------435 P roposed R u l e s : 17 CFR 1012 " s»?------435 32------362 ------435 150------231 574 FEDERAL REGISTER Page 42 CFR—Continued Pase 1 8 CFR 30 CFR pag3 1 57 461 P roposed R u l es: P roposed R u l e s : 701 529 58______539 78______362 Proposed R ules: ? ro _ 468 31 CFR 43 CFR 705 ______545 90______78 Public Land Orders: 92 ______79 1545 (revoked in part by PLO 1 9 CFR 93 ______79 4754)______226 19 531 341------223 1867 (revoked in part by PLO 500______224 P roposed R ules: 4758)______227 9B 361 3529 (revoked in part by PLO 32 CFR 4761)______533 46 4582 (modified by PLO 4760) _ 424 2 0 CFR 1 ______2 ____ 47 4753-: 317 405 ______76 54 4754.. 226 fiOQ ______223 3______7______62 4755- 226 12_____ 66 4756- 227 21 CFR 15 ____ 67 4757- 227 1 q ______530 16 ____ 67 4758- 227 120______419, 530 18______69 4759- 227 1 2 1 ______225, 419, 462. 530 19------69 4760 . 424 T 9R?i. ____ 420 24______'70 4761- 533 136« ______76 70 148d ______531 45 CFR 1 ¿fio ______77 32A CFR 102______2ÖÖ P roposed R ules: Ch. X (O IA): — 256 13, 163 103 ____ 5 ______362 Reg. 1— ------104 ___ — 256 105 ___ __ 256 2 4 CFR 33 CFR 106 ___ __ 256 R ______284 117 ______462, 532 111_____ — 256 303 ______77, 179, 284 90fi 463 177_____ — 13 5(07 ______77, 179, 285 908 ______463 220_____ 315,465 913 ______179, 285 909 ______79 531-____ „ 82 220------______77, 180, 285 1042____ _ 82,83 29.1 ______180, 286 36 CFR 1050____ 83 2,99 ______286 45 231 ______287 31 ______422 47 CFR 2,92 ______180, 287 Proposed Rules: 2 _ 357 234______180, 288 7 ______105 21 424 235______»______180, 288 _ 533 236______180, 288 79 237 ______289 38 CFR P roposed Rules: 224, 385 941 __ ...... 180 2 468, 543 2*2 ______289 463 7Q 544 181 807______- - _____ 289 36 ______74 543 1000______180. 289 468 89 468 1100______180, 289 41 CFR 91 . 468 5-19______356 09 25 CFR 14-1- 225 9R8 ...... 532 14-2. 289 49 CFR 14-3. 226 317 CFR 14-7. 226 2 8 290 14 314 14-10. 14-18___ 356 14-30______226 29 CFR 14H-1 ______533 8 ___ 532 101-26______- 181 Proposed Rules: 20 532 101-35______— 81 325 26 ______. _ _ 532 114-38______290 40 ____ 532 114-44______—_____ 292 694 ______461 114-45______292, 294 1 BOO ______221 114-46______295 1B01 ______10 114-47______295, 298, 300 ______10 50 CFR 1R02 . 164,321,463,464 1503______10 42 CFR 28 ____ 1606 ______421 57. ______182 P roposed R u l e s: 201______317 33___ «...------’ 228 240------519______- 361 206,______317

United States Government Organization

know > United States Government Organization your OFFICE OF THE f£DtB»L REG tiTEB^V./^ r: government 1969-70 General Services Administration ^ / 5j#fi ■v * IS ¡81 - §® I 1 81 i 1 m&IUMm m Presents essential information about Government agencies (updated and republished annually)« Describes the creation and authority» organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Govemment. The United States Government Organization Manual is the official guide to the functions of the Federal Govemment, published by the Office of the Federal Register, GSA. $ ^ | o o per copy. Paperbound, with charts

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