IFEDERAL REGISTER I VOLUME 33 • NUMBER 32

Thursday, February 15, 1968 • Washington, D.C. I Pages 2981-3040

Agencies in this issue— The President Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Customs Bureau Farm Credit Administration Federal Aviation Administration Federal Contract Compliance Office Federal Highway Administration Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Foreign Assets Control Office - General Services Administration Health, Education, and Welfare Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration National Park Service Securities and Exchange Commission Transportation Department Veterans Administration Detailed list o f Contents appears inside. Subscriptions Now Beirrç Accepted

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90th Congress, 2d Session 1968

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r r n r n A 1 WlEW n r r i C T r D Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or rrllrn/il il r ll I ,\ I rtf on the day after an official Federal holiday), by the Office of the Federal Register, National ■ *-'***-'* ^ " A r c h i v e s and Records Service, General Services Administration (mail address National Area Code 202 Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch.'8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable m advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. \T The regulatory material appearing herein is keyed to the Code op Federal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code op Federal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first Federal Register issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code op Federal R egulations. Contents

THE PRESIDENT f e d e r a l a v ia t io n FEDERAL RESERVE SYSTEM ADMINISTRATION Rules and Regulations PROCLAMATION Rules and Regulations Bank holding companies; regula­ American History Month, 1968— 2985 tions ______- ______2988 Airworthiness directives; B e ll Rules of procedure; applications— 2989 Model 206A helicopters------2990 EXECUTIVE AGENCIES Control area; designation------2991 Notices Control zones; alterations (2 Federal Open Market Committee: AGRICULTURE DEPARTMENT documents)______2991 Authorization for system foreign Operating and flight rules; basic See Consumer and Marketing currency operations______3021 VFR weather minimums______2992 Current economic policy direc­ Service. Restricted areas and controlled tive ______3022 airspace; designation and CIVIL AERONAUTICS BOARD alteration______2991 FISH AND WILDLIFE SERVICE Notices Proposed Rule Making Rules and Regulations Hearings, etc.: Federal airways; alteration------3008 Mingo National Wildlife Refuge, Alaska Airlines, Inc------3011 Jet routes and high altitude re­ Mo.; sport fishing______2995 International Air Transport As­ porting points; alteration and sociation ------3012 establishment______3009 FOREIGN ASSETS CONTROL States-Alaska service mail rate Transition area; designation----- 3008 investigation------— 3012 OFFICE FEDERAL CONTRACT Notices CIVIL SERVICE COMMISSION COMPLIANCE OFFICE Dried white jelly fungus; importa­ tion directly from Taiwan; Rules and Regulations Proposed Rule Making available certification______3010 Excepted service : Obligations of contractors and Department of Health, Educa­ subcontractors______3000 tion, and Welfare------2987 GENERAL SERVICES Department of Transportation FEDERAL HIGHWAY ADMINISTRATION (2 documents)------2987 Notices Recruitment, selection, and place­ ADMINISTRATION ment; time-after-competitive- Secretary of Defense; authority Rules and Regulations delegation ______3022 appointment restriction------2987 Initial Federal motor vehicle safety standards; lamps, reflec­ HEALTH, EDUCATION, AND COAST GUARD tive devices, and associated WELFARE DEPARTMENT Notices equipment (2 documents) — 2993, 2994 Notices New London Harbor; closure to FEDERAL HOME LOAN BANK navigation during launching of Motor vehicle pollution control; the “Bergall”______.___ 3011 BOARD California standards; extension Rules and Regulations of time______3011 COMMERCE DEPARTMENT Federal Savings and Loan System; See Maritime Administration. operations; service corpora­ INTERIOR DEPARTMENT tions ______2990 See Fish and Wildlife Service; CONSUMER AND MARKETING Land Management Bureau; Na­ SERVICE FEDERAL MARITIME tional Park Service. COMMISSION Rules and Regulations INTERNAL REVENUE SERVICE Notices Oranges, Navel, grown in Arizona Proposed Rule Making Agreements filed for approval: and California; handling limita­ Income tax; consolidated returns; tion ______2987 American Mail Line, Ltd., and Jayanti Shipping Co., Ltd— 3018 allocation of tax liability among Raisins from grapes grown in Cali­ American Mail Line, Ltd., and members of an affiliated group- 2997 fornia; handling; correction 2988 Shipping Corporation of India, Ltd______3018 INTERSTATE COMMERCE CUSTOMS BUREAU China Navigation Co., Ltd., and COMMISSION American Mail Line, Ltd----- 3018 Notices Hellenic Lines, Ltd., and Sea- Notices Harmal Corp.; recordation of Land Service, Inc______— 3018 Motor carrier, broker, water car­ trade name______3010 Lykes Bros. Steamship Co., Inc., rier, and freight forwarder ap­ Plastic and aluminum trays desig­ and Lenox & Co. (Pty.), Ltd— 3019 plications ___ *_____ I------3025 Motor carriers: nated as instruments of inter­ FEDERAL POWER COMMISSION Temporary authority applica­ national traffic____ — ____ 3010 Rules and Regulations tions ______:— __ 3036 Transfer proceedings______3038 farm c red it administration Rules of practice and procedure; complaints and protests; cor­ Rules and Regulations rection ______2993 LABOR DEPARTMENT Removal of production credit as­ Notices See Federal Contract Compliance Office. sociation personnel by Federal Sunray DX Oil Co. et al. ; hearing, intermediate credit bank______2990 e t c ______3019 (Continued on bext page) 2983 2984 CONTENTS F

LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE TRANSPORTATION DEPARTMENT COMMISSION See also Coast Guard; Federal Rules and Regulations Aviation Administration; Fed­ Alaska; public land order; with­ Rules and Regulations eral Highway Administration. Securities Exchange Act of 1934; drawal for railroad terminal__ 2995 Rules and Regulations Notices proxy and stockholder informa­ tion rules; correction______2993 Limitation on reservation of au­ California; classification of public thority; Federal Highway Ad­ lands for multiple-use manage- Notices ministration ______,2995 ment; correction______3010 Hearings, etc.: Nevada; public sale______3010 Coditron Corp_____ :______3022 TREASURY DEPARTMENT Dictaphone International Corp_ 3022 See Customs Bureau; Foreign As­ MARITIME ADMINISTRATION General Public Utilities Corp__ 3023 sets Control Office; Internal Kashmir Oil, Inc______3024 Revenue Service. Rules and Regulations Kingsport Power Co______3024 Requirements for establishing U.S. Leeds Shoes, Inc______3025 citizenship; form of affidavit; Rover Shoe Co______3025 VETERANS ADMINISTRATION correction ______2995 Rules and Regulations Adjudication; aid and attendance NATIONAL PARK SERVICE allowance for widows------2994 Records; disclosure to Federal Notices Government departments, State Lake Mead National Recreation unemployment compensation Area, Nev.; concession con­ agencies, and Office of Service­ tract _ i______'J.______3011 men’s Group Life Insurance 2994

List of CFR Parts Affected

The following n u m erical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.

3 CFR 14 CFR 41 CFR Proclamation: 39______- ______2990 P roposed R ules: 3829______2985 71 (4 documents)------2991 Ch. 60______3000 73______;______2991 5 CFR 91______— ______2992 43 CFR 213 (3 documents)______2987 Proposed R ules: P ublic Land O rder: 330______i.— ______- 2987 71 (3 documents)______3008,3009 4355______2995 75______3009 7 CFR 46 CFR 907______2987 17 CFR 355______2995 989______- ______2988 240______4______2993 49 CFR 12 CFR 18 CFR 1______2995 222______- ______2988 1______2993 262______—- 2989 545______— 2990 23 CFR 50 CFR 654— ______— 2990 255 (2 documents)______2993, 2994 33— _____ 2995 26 CFR Proposed R u les: 1______2997 38 CFR 1______2994 3______2994 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3829 AMERICAN HISTORY MONTH, 1968 By the President of the United States of America A Proclamation The history of the United States is not a record of blind forces sweeping human beings relentlessly along to an unknown destiny. It is the story of countless individuals whose success and sacrifice converted an idea into a free nation. The heritage of liberty we enjoy was brought by men and women who dared the unknown, who tamed the wilderness, and gave their lives on fields of battle. • W e honor them by remembering their deeds— and by telling their story to each succeeding generation. The study of American history reveals the experience of shared endeavor, hardship, joy, and triumph which binds us together as a nation. Understanding that experience can give us the wisdom and courage to meet our present trials— and unite us in the face of tomorrow’s challenges. In recognition of this, the Congress by a joint resolution approved November 28,1967, has designated February 1968 as American History Month and has requested the President to issue a proclamation inviting the people of the United States to observe that month. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, invite the people of the United States to observe February 1968 as American History Month in schools an^i other suitable places with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand, this thirteenth day of February, in the year of our Lord nineteen hundred and sixty-eight, and of the Independence of the United States of America the one hundred and ninety-second.

[F.R. Doc. 68-2012; Filed, Feb. 14, 1968; 11:01 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968

2987

Rules and Regulations

to the Deputy Federal Highway Admin­ (5 UJ5.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, Title 5— ADMINISTRATIVE istrator is excepted under Schedule C. 3 CFR, 1954-58 Comp., p. 218) Effective on publication in the F ederal United States Civil Serv­ PERSONNEL R egister, subparagraph (2) is added to ice Commission, paragraph (d) of § 213.3394 as set out Chapter I— Civil Service Commission [seal] J ames C. Spry, below. Executive Assistant to PART 213— EXCEPTED SERVICE § 213.3394 Department of Transporta­ the Commissioners. Department of Health, Education, and tion. [F.R. Doc. 68-1880; Filed, Feb. 14, 1968; * * * * * 8:47 a.m.] Welfare; Correction (d) Federal Highway Administra­ In F.R. Doc. 67-14794 appearing in the tion. * * * Federal R egister of December 21, 1967, (2) One Special Assistant to the Dep­ on page 20628, subparagraph (1) of para­ uty Administrator. Title 7— AGRICULTURE graph (j) was revoked; subparagraph (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, Chapter IX— Consumer and Market­ (1) should have been amended to read as 3 CFR, 1954-58 Comp., p. 218) follows: ing Service (Marketing Agreements United States Civil Serv­ and Orders; Fruits, Vegetables, § 213.3316 Department of Health, Ed­ ice Commission, Nuts), Department of Agriculture ucation, and Welfare. [seal] J ames C. Spry, [Navel Orange Reg. 148] * * * * * Executive Assistant to (j) Office of the Assistant Secretary the Commissioners. PART 907—NAVEL ORANGES for Education. (1) Two Confidential As­ [F.R. Doc. 68-1878j Filed, Feb. 14, 1968; GROWN IN ARIZONA AND DESIG­ sistants to the Assistant Secretary for 8:47 a.m.] NATED PART OF CALIFORNIA Education. 4c ♦ ♦ # ♦ Limitation of Handling PART 330— RECRUITMENT, SELEC­ (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, § 907.448 Navel Orange Regulation 148. 3 CFR, 1954-58 Comp., p. 218) TION, AND PLACEMENT (GEN­ (a) Findings. (1) Pursuant to the United S tates Civil Serv­ ERAL) marketing agreement, as amended, and ice Commission, Subpart E— Time-After-Competitive- Order No. 907, as amended (7 CFR Part [seal] J ames C. Spry, Appointment Restriction 907), regulating the handling of Navel Executive Assistant to oranges grown in Arizona and designated the Commissioners. G eneral R estriction part of California, effective under the [F.R. Doc. 68-1877; Filed, Feb. 14, 1968; Section 330.501 is amended to author­ applicable provisions of the Agricultural 8:47 a.m.] ize an agency to promote or reassign an Marketing Agreement Act of 1937, as employee to a different line of work or amended (7 U.S.C. 601-674), and upon the basis of the recommendations and PART 213— EXCEPTED SERVICE to a different geographical area, and to transfer a present employee or reinstate information submitted by the Naval Department of Transportation a former employee of its own or another Orange Administrative Committee, es­ agency to a higher grade or different line tablished under the said amended mar­ Section 213.3394 is amended to show of work, or to a different geographical keting agreement and order, and upon that the position of Confidential Secre­ other available information, it is hereby tary to the Under Secretary of Trans- area, only after 3 months have elapsed since the employee’s latest nontemporary found that the limitation of handling of poration is excepted under Schedule C competitive appointment. Under the such Navel oranges, as hereinafter pro­ Effective on publication in the F ederal amendment the Commission may waive vided, will tend to effectuate the declared R egister, subparagraph (9) of paragraph policy of the act by tending to establish (a) is added as set out below. the restriction against movement to an­ other geographical area when it is satis­ and maintain such orderly marketing § 213.3394 Department of Transporta­ fied that the waiver is consistent with the conditions for such oranges as will pro­ tion. principle of open competition. Effective vide, in the interests of producers and consumers, an orderly flow of the supply (a) Office of the Secretary. * * * Saturday, March 16, 1968, § 330.501 is amended to read as set out below. thereof to market throughout the normal (9) One Confidential Secretary to the marketing season to avoid unreasonable Under Secretary of Transportation. § 330.501 General restriction. fluctuations in supplies and prices, and * 4 4 4 $ Except as provided in § 330.503, an is ndt for the purpose of maintaining (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, agency may promote an employee or re­ prices to farmers above the level which 3 CFR, 1954-58 Comp., p. 218) assign him to a different line of work, or it is declared to be the policy of Congress to a different geographical area, and it to establish under the act. United States Civil Serv- may transfer a present employee or re­ (2) It is hereby further found that it " ice Commission, instate a former employee of the same is impracticable and contrary to the [seal] James C. S pry, public interest to give preliminary notice, Executive Assistant to- or another agency to a higher grade or engage in public rule-making procedure, the Commissioners. different line of work, or to a different and postpone the effective date of this [F.R. Doc. 68-1879; Filed, Feb. 14, 1968; geographical area, only after 3 months section until 30 days after publication 8:47 a.m.] have elapsed since the employee’s latest hereof in the Federal R egister (5 U.S.C. nontemporary competitive appointment. 553) because the time intervening be­ The Commission may waive the restric­ tween the date when information upon PART 213— EXCEPTED SERVICE which this section is based became avail­ tion against movement 'to a different able and the time when this section must Department of Transportation geographical area when it is satisfied become effective in order to effectuate Section 213.3394 is amended to show that the waiver is consistent with the the declared policy of the act is insuffi­ that the position of the Special Assistant principle of open competition. cient, and a reasonable time is permitted,

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 2988 RULES AND REGULATIONS under the circumstances, for preparation with the Federal Reserve Bank. A sepa­ for such effective time; and good cause Title 12— BANKS AND BANKING rate application shall be filed with re­ exists for making the provisions hereof spect to each bank the voting shares or effective as hereinafter set forth. The Chapter II— Federal Reserve System assets of which are sought to be acquired committee held an open meeting during by an existing bank holding company the current week, after giving due notice SUBCHAPTER A— BOARD OF GOVERNORS OF or nonbanking subsidiary thereof. thereof, to consider supply and market THE FEDERAL RESERVE SYSTEM (b) Procedure on applications. (1) Ap­ conditions for Navel oranges and the [Beg. Y] plications under this section are proc­ need for regulation; interested persons PART 222— BANK HOLDING essed in accordance with the procedures were afforded an opportunity to submit described in this part and those described information and views at this meeting; COMPANIES in § 262.3 of the Board’s rules of proce­ the recommendation and supporting in­ Regulations dure (Part 262 of this chapter). formation for regulation during the (2) If either the applicant, or a bank period specified herein were promptly 1. Effective March 15, 1968, §§ 222.1 the voting shares or assets of which are submitted to the Department after such through 222.7 are revised to read as sought to be acquired, is a national bank meeting was held; the provisions of this follows: or a District bank, the Board will trans­ Regulations section including its effective time, are Sec. mit a copy of the application to the identical with the aforesaid recommen­ 222.1 Definitions. Comptroller of the Currency, requesting dation of the committee, and informa­ 222.2 Registration. written submission of the Comptroller’s tion concerning such provisions and 222.3 Acquisition of bank shares or assets. views and recommendation. If either the effective time has been disseminated 222.4 Interest in nonbanking organiza­ applicant, or a bank the voting shares or among handlers of such Navel oranges; tions. assets of which are sought to be acquired, 222.5 Hearings and proceedings. is a State bank, the Board will transmit it is necessary, in order to effectuate the 222.6 Reports and examinations. declared policy of the act, to make this 222.7 Copies. a copy of the application to the bank supervisory authority of the State in section effective during the period herein Authority; §§222.1 through 222.7 issued which such bank is located, requesting specified; and compliance with this sec­ under sec. 5(b) of the Bank Holding Com­ written submission of the State author­ tion will not require any special prepara­ pany Act of 1956 (12 U.S.C. 1844) (referred to in this part as “ the Act” ) . ity’s views and recommendation. A copy tion on the part of persons subject of each application will also be for­ hereto which cannot be completed on or R egulations warded to the UJS. Department of before the effective date hereof. Such § 222.1 Definitions. Justice. (3) Following the receipt of an appli­ committee meeting was held on February (a) Terms used in the Act. As used in cation under this section, the Board will 13, 1968. this part, the terms “bank holding com­ publish a notice of such receipt in the (b) Order. (1) The respective quanti­pany,” “company,” “bank,” “subsidiary,” Federal R egister, containing the names ties of Navel oranges grown in Arizona and “Board” have the same meanings as and addresses of the applicant and the those given such terms in the Act. and designated part of California which bank or banks involved, indicating the (b) Federal Reserve Bank. The term general nature of the proposed trans­ may be handled during the period “Federal Reserve Bank” as used in this action, and allowing 30 days (or a shorter February 16, 1968, through February 22, part with respect to action by, on behalf period in exceptional circumstances) for 1968, are hereby fixed as follows: of, or directed to be taken by a bank the submission of written comments or (1) District 1: 350,000 cartons; holding company or other organization views. Such comments or views shall be (ii) District 2: 300,000 cartons; shall mean either the Federal Reserve submitted to the Board. (iii) District 3: Unlimited movement; Bank of the Federal Reserve district in (4) As indicated in § 262.3(f)(1) of (iv) District 4: Unlimited movement. which the operations of the bank holding this chapter of the Board’s rules of pro­ company or other organization are prin­ cedure, the Board issues each week a (2) As used in this section, “handled,” cipally conducted, as measured by total list identifying applications filed pur­ “District 1,” “District 2,” “District 3,” deposits held or controlled by it on the suant to section 3 of the Act. Pursuant to “District 4,” and “carton” have the same date on which it became, or is to become, § 262.3(f) (7) of this chapter of the meaning as when used in said amended a bank holding company, or such Reserve Board’s rules of procedure, each applica­ marketing agreement and order. Bank as the Board may designate. tion is made available for inspection by the public except for portions thereof as (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. § 222.2 Registration. 601-674) to which the Board determines that non­ (a) Registration statement. Within disclosure is warranted. Dated: February 14,1968. 180 days after becoming a bank holding (c) Hearings on applications. (1) In company, such company shall register any case in which the Board receives Paul A. Nicholson, with the Board by filing a registration Deputy Director, Fruit and written advice of disapproval of the statement with the Federal Reserve Bank application from the Comptroller of the Vegetable Division, Consumer on forms prescribed by the Board. Upon and Marketing Service. Currency or the appropriate State super­ timely application on behalf of any bank visory authority, as the case may be, [FR. Doc. 68-2018; Filed, Feb. 14, 1968; holding company and upon a satisfactory 11:26 a.m.] within 30 days from the date of receipt showing as to the need therefor, the time of the application by the notified au­ prescribed herein for the filing of a reg­ thority, the Board will so notify the istration statement may be extended by applicant in writing, directing the appli­ PART 989—-RAISINS PRO D U CED the Board. FROM GRAPES GROWN IN CALI­ cant’s attention to the provisions of sec­ (b) Date of registration. The date of tion 3 (b) of the Act. Within 3 days after FORNIA registration of a bank holding company the date of the sending of such notice Order Amending Order, as Amended, shall be the date on which its registra­ to the applicant, the Board will notify Regulating Handling tion statement is filed with the Federal in writing the applicant and the Comp­ Reserve Bank. * troller of the Currency or the appropriate Correction § 222.3 Acquisition o f bank shares or State supervisory authority, as the case In F.R. Doc. 67-9987 appearing at page assets. may be, of the date fixed by the Board 12157 in the issue of Thursday, Au­ for the commencement of a hearing on (a) Submission of applications. An ap­the application and of the place and time gust 24,1967, in § 989.13, line 3, preceding plication for approval by the Board of at which such hearing will be held. Any the parenthesis insert “, ofif-grade raisins, any transaction requiring approval un­ such hearing will be commenced not less other failing raisins”. der section 3(a) of the Act shall be filed than 10 days nor more than 30 days after

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 RULES AND REGULATIONS 2989 the date on which the Board sent the Revenue Code of 1954 as amended (26 by the hearing examiner or hearing offi­ applicant notice of receipt of written- U.S.C. 1101-3) may file an application cer before whom such hearing was held; advice from the disapproving supervisory for such certification with the Federal and any order of the Board granting or authority. Reserve Bank. On the basis of an appli­ denying the application or request, and (2) Apart from any hearing ordered cation under this paragraph, the Board any statement in support thereof. by the Board under this section or under will either issue a certification or by or­ § 222.6 Reports and examinations. § 222.4 or § 222.5, the Board may, as pro­ der deny the application. A duplicate vided in § 262.3(f) of this chapter of the original of each certification will be Each bank holding company shall fur­ Board’s rules of procedure, afford the ap­ transmitted by the Board to the Internal nish to the Board in a form prescribed plicant or other person whom the Board Revenue Service of the Treasury De­ by the Board a report of the company’s determines to have a proper interest an partment. operations for the fiscal year in which opportunity to present views orally be­ (c) Determination regarding controlit becomes a bank holding company, and fore the Board or its designated by transferor. (1). In any case in which for each fiscal year thereafter until it representative. the Board, pursuant to section 2(g) (3) of ceases to be a bank holding company. (d) Action on applications. (1) In anythe Act, affords opportunity for a hearing Each such annual report shall be filed case in which a hearing is held in ac­ for the purpose of determining that a with the Federal Reserve Bank. Each cordance with paragraph (c) of this transferor is not in fact capable of con­ bank holding company shall furnish to section, the Board, after the conclusion trolling a transferee, the Board will give the Board additional information at such of such hearing, will by order grant or notice of opportunity for such hearing times as the Board may require. The Board may examine any bank holding deny the application on the basis of the by publication in the Federal R egister. record made at such hearing. In all other Any request for a hearing shall be filed, company or any of its subsidiaries and cases, the Board will by order grant or in duplicate, with the Board. The Board the cost of any such examination shall deny the application after receipt by it be assessed against and paid by such will notify the applicant, the transferor, bank holding company. As far as pos­ of advice that the Comptroller of the and the transferee of the time and place Currency or the appropriate State super­ for any hearing ordered. Upon the con­ sible the Board will use reports of ex­ visory authority, as the case may be, clusion of such hearing, and on the basis aminations made by the Comptroller of does not disapprove the application, or, of the record made at the hearing, the the Currency, the Federal Deposit In­ if no such advice is received, after the surance Corporation, or the appropriate Board will by order make or decline to State bank supervisory authority. expiration of 30 days from the date of make the subject determination. receipt of the copy of the application by (2) If no hearing is requested by any § 222.7 Copies. the Comptroller of the Currency or such party in interest within the time pre­ In connection with the filing of any State authority. scribed in the notice of opportunity for document pursuant to this part, the ap­ (2) As required by the Act, the Board hearing, or if a hearing so requested is propriate Federal Reserve Bank should notifies the Attorney General of the denied, the Board may dispense with a be consulted as to the number of copies United States of Board action on any hearing, and, on the basis of the docu­ required to be submitted. transaction proposed under this section. mentary evidence before it, will proceed (3) Action by the Board on an appli­ to take action with respect to the deter­ 2a. This action is pursuant to the pro­ cation pursuant to this section will be mination contemplated by section 2(g) visions of section 5 (b) of the Bank Hold­ ing Company Act of 1956 (12 U.S.C. taken in the manner described in sub- (3). paragraphs (4) and (5) of § 262.3(f) of 1844). this chapter of the Board’s rules of pro­ § 222.5 Hearings and proceedings. b. The provisions of section 553 of Title cedure, and any request for reconsid­ (a) Hearings. Apart from hearings re­ 5, United States Code, relating to notice eration of its action on any such appli­ quired by the Act (see §§ 222.3(c) and and public procedure, were not followed cation will be treated as provided in sub- 222.4 (a) and (c )), a hearing may be in connection with the adoption of this paragraph (6) of § 262.3(f) of this ordered by the Board with respect to any revision, because the substantive changes chapter. application or request under this part, made in the revision merely incorporate either upon its own motion or upon the into the regulation changes made in the § 222.4 Interests in nonbanking orga­ request of any party in interest, if the law by the 1966 amendments to the Bank nizations. Board deems such hearing to be in the Holding Company Act (80 Stat. 236), (a) Shares of financial, fiduciary, or interests of the parties or the public. which became effective July 1, 1966. In insurance companies. Any bank holding Notice of any hearing required by the these circumstances, the Board found company that is of the opinion that a Act will be published in the F ederal R eg­ that such notice and public procedure company’s activities, all of which are or ister a reasonable time in advance of the were unnecessary. are to be of a financial, fiduciary, or in­ date fixed for the hearing; and any Dated at Washington, D.C., this 8th surance nature, are so closely related to hearing so required will ordinarily be day of February 1968. the business of banking or of managing held before a hearing examiner ap­ By order of the Board of Governors. or controlling banks (as conducted by pointed in accordance with the provi­ such bank holding company or its bank­ sions of Title 5 of the United States Code. [ seal] R obert P. Forrestal, ing subsidiaries) as to be a proper inci­ All hearings under this part will be con­ Assistant Secretary. dent thereto and as to make it unneces­ ducted in accordance with the Board’s [F.R. Doc. 68-1847; Filed, Feb. 14, 1968; sary for the prohibitions of section 4 of rules of practice for Formal Hearings 8:45 a.m.] the Act to apply in order to carry out the (Part 263 of this chapter). purposes of the Act, may request the (b) Record of proceedings. The record PART 262— RULES OF PROCEDURE Board for such a determination pursuant in any proceeding under this part upon to section 4(c)(8) of the Act. Any such which an order of the Board is based Applications request shall be filed with the Federal shall include, but is not necessarily lim­ 1. Effective March 15,, 1968, § 262.3(f) Reserve Bank. The Board will advise the ited to, the application or request filed (1) is amended to read as follows: bank holding company whether a hear­ with the Board in connection with such t s is to be held and of the place and proceeding; any views or recommenda­ § 262.3 Applications. time for any such hearing. The Board tions received by the Board from the % $ ♦ ♦ Jfc will by order make or decline to make Comptroller of the Currency or the ap­ (f) Bank holding company and mer­ the requested determination. propriate State supervisory authority ger applications. * * * (b) Tax certifications. Any bank hold­ pursuant to section 3(b) of the Act; the (1) The Board issues each week a list ing company desiring a certification by transcript of any hearing held with re­ that identifies holding company and the Board for purposes of the provisions spect to such application or request and merger applications received during the of sections 1101-1103 of the Internal any report and recommendation made preceding week. Notice of receipt of each

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 No, 32----- 2 2990 RULES AND REGULATIONS holding company application is pub­ Chapter VI— Farm Credit complete assurance that additional clamp lished in the F ederal R egister as pro­ Administration failures will not occur. Since this condi­ vided in § 222.3(b) (3) of this chapter tion is likely to exist or develop in other (Regulation Y ). SUBCHAPTER D-^—FEDERAL INTERMEDIATE CREDIT helicopters of this same model, and Air­ * * * * * BANKS AND PRODUCTION CREDIT ASSOCIA­ worthiness Directive is being issued to TIONS 2a. The purpose of this amendment is require replacement of exhaust stack to change the reference to Regulation Y PART 654— REMOVAL OF PRODUC­ clamps, P/N N3657, by another clamp of in view of the revision of that regulation TION CREDIT ASSOCIATION PER­ increased strength and improved design features. effective March 15,1968. SONNEL BY FEDERAL INTERME­ Although not specified by Bell Helicop­ b. The provisions of section 553 of title DIATE CREDIT BANK 5, United States Code, relating to notice ter Service Letter 206A No. 38, which pre? and public participation are not followed Chapter VI of Title 12 of the Code of scribes the installation of the improved in connection with this amendment, be­ Federal Regulations is amended by add­ clamp, a specific time for compliance cause the change is procedural in nature. ing a new Fart 654, reading as follows: is required by safety considerations. To avoid compromising these. safety con­ Dated at Washington, D.C., this 8th § 654.501 Delegation of authority. siderations by extending the compliance day of February 1968. For violation of rules and regulations time to allow for thorough consideration By order of the Board of Governors. approved or prescribed by. the Farm of the notice and public procedures usu­ Credit Administration and applicable to ally followed by the agency, an effective [ seal] R obert P. F orrestal, a production credit association or its date of March 15, 1968, is established for Assistant Secretary. personnel (including but not limited to this amendment. This date provides a [F.R. Doc. 68-1848; Filed, Feb. 14, 1968; Subpart A of Part 605, Part 650, and reasonable interval for operators to ob­ 8:45 a.m.] Part 652 of this chapter) and for viola­ tain and install the new clamp and for tion of any other directives or instruc­ any interested persons to submit such tions duly issued to a production credit written data, views, or arguments as Chapter V— Federal Home Loan association or its personnel by the Farm they may desire regarding this Airworth­ Bank Board Credit Administration or by the Federal iness Directive. Communications should identify the docket number and be sub­ SUBCHAPTER C— FEDERAL SAVINGS AND LOAN intermediate credit bank of the farm SYSTEM credit district in which the production mitted in duplicate to the Regional credit association is located, the Federal Cpunsel, Southwest Region, Federal [21,394] intermediate credit bank of the farm Aviation Administration, Post Office Box PART 545— OPERATIONS credit district in which a production 1689, Fort Worth, Tex. 76101. All com­ credit association is located is authorized munications received before the effective Service Corporations to remove any officer, employee, or agent date will be considered by the Director, F ebruary 8, 1968. of such association when, in the judg­ and the Airworthiness Directive may be ment of the board of directors of the changed in the light of comments re­ Resolved that, notice and public pro­ Federal intermediate credit bank, any ceived. All comments will be available cedure having been duly afforded (32 such violation by him reasonably may be both before and after the effective date F.R. 15763) and all relevant material considered to require or warrant his in the Public Docket for examination by presented or available having been con­ removal in the interest of effective interested persons. Operators are urged sidered by it, the Federal Home Loan administration. to submit their comments as early as Bank Board, upon the basis of such con­ possible since it may not be possible to sideration and for the purpose of requir­ (Sec. 8, 67 Stat. 394, as amended; 12 U.S.C. 636g) evaluate comments received near the ef­ ing a Federal association to dispose of fective date in sufficient time to amend its investment in a service corporation R. B. TOOTELL, Governor, the Airworthiness Directive before it be­ whenever the service corporation fails to comes effective. discontinue an impermissible activity, Farm Credit Administration. hereby amends § 545.9-1 of the rules and [F.R. Doc. 68-1885; Filed, Feb. 14, 1968; The general operation nature of these regulations for the Federal Savings and 8:47 a.m.] helicopters makes it impractical to obtain Loan System (12 CFR § 545.9-1) by add­ prior coordination to any significant de­ ing a new paragraph, paragraph (e), im­ gree from operators; however, the sub­ stance of this Airworthiness Directive mediately after paragraph (d), to read Title 14— AERONAUTICS AND has been informally coordinated with as follows, effective March 16, 1968: Bell Helicopter Co. No objections were § 545.9—1 Service corporations. SPACE interposed or changes recommended. * * * * * Chapter I— Federal Aviation Adminis­ In consideration of the foregoing, and (e) Disposal of investment. Whenever pursuant to the authority delegated to tration, Department of Transporta­ me by the Administrator (31 F.R. 13697), a service corporation engages in an ac­ tion § 39.13 of Part 39 of the Federal Aviation tivity which is not permissible under this [Airworthiness Docket No. 68-SW—12; Arndt. Regulations is amended by adding the section for a service corporation in which 39-555] following new Airworthiness Directive: a Federal association may invest, a Fed­ PART 39— AIRWORTHINESS Bell. Applies to Model 206A Helicopters, eral association having an investment in DIRECTIVES Serial Nos. 4 through 110, 112 through such service corporation shall dispose of 116, 118, 119, 122, 124 through 126, 128, Bell Model 206A Helicopters 129, and 13^. such investment promptly unless, within Compliance required within the next 25 90 days following notice to such invest­ Reports have been received of inflight hours time in service after the effective failures of the exhaust stack clamps, date of this Airworthiness Directive; unless ing Federal association, the impermissi­ P/N N3657, which attach the exhaust already accomplished in accordance with Bell ble activity is discontinued. ducts to the engine flanges on certain Helicopter Service Letter, Model 206A No. (Sec. 5, 48 Stait. 132, as amended; 12 U.S.C. Bell Model 206A Helicopters. One report 38, dated January 10, 1968. ; 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, indicated that the failed clamp allowed To prevent possible hazardous damage to 3 CFR, 1943-48 Comp., p. 1071) the exhaust duct to fall away and strike the main rotor or the tail rotor due to failure the tail rotor, resulting in partial loss of of the exhaust stack clamps which attach By the Federal Home Loan Bank the exhaust ducts to the engine exhaust Board. control of the helicopter requiring an flanges, accomplish the following modifica­ emergency descent and landing. The in­ tion: [ seal] Jack Carter, terim procedure (daily inspection and Replace exhaust stack clamp as follows: Secretary. safety wiring) prescribed by Bell Heli­ Remove clamps, P/N N3657, from the ex­ [F.R. Doc. 68-1889; Filed, Feb. 14, 1968; copter Co. Service Bulletin No. 206A-3, haust stacks. Install two new clamps, Na­ 8:47 am .] dated October 25, 1967, does not provide tional Utilities Corp., P/N 4656AA, on exhaust

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 RULES AND REGULATIONS 2991 stacks with studs facing outboard. Tighten [Airspace Docket No. 68-SO-2] on any person, notice and public proce­ the two nuts on each clamp evenly until dure hereon are unnecessary, and the p a r t 71— designation o f f e d e r a l each nut is finger tight. Torque nuts to 30 effective date of February 29, 1968, origi­ inch-pounds. Grasp top of stack and shake, AIRWAYS, CONTROLLED AIRSPACE, at the same time tap clamp lightly with nally adopted for the rule may be re­ a plastic mallet and then recheck torque. AND REPORTING POINTS tained. Repeat this procedure until torque can be Alteration of Control Zone In consideration of the foregoing, F.R. maintained at 30 inch-pounds. Safety wire Doc. 68-526 is amended, effective im­ nuts to stud shanks with safety wire, P/N The purpose of this amendment to mediately, as follows: “From Gage, Okla., MS20995C32. Part 71 of the Federal Aviation Regula­ 12 AGL to Woodring, Okla.” is deleted This amendment becomes effective on tions is to alter the Athens, Ga., control and “From Gage, Okla., VORTAC 12 March 15, 1968. zone. AGL to Woodring, Okla., VOR.” is substi­ The Athens control zone is described tuted therefor. (Secs. 313 (a), 601, 603, Federal Aviation Act in § 71.171 (32 F.R. 2071). (Sec. 307(a), Federal Aviation Act of 1958; of 1958; 49 U.S.C. 1354(a), 1421,1423) In the description, reference is made 49 U.S.C. 1348) Issued in Port Worth, Tex., on Febru­ to the “Athens Airport (lat. 33°56'56" N., long. W .),” and an exten­ Issued in Washington, D.C., on Febru­ ary 8, 1968. ary 7, 1968. A. L. Coulter, sion to the control zone is predicated on Acting Director, Southwest Region. the Athens VORTAC 194° radial. H. B. H elstrom, Because the correct name and geo­ Chief, Airspace and Air [F.R. Doc. 68-1865; Filed, Feb. 14, 1968; Traffic Rules Division. 8:46 a.m.] graphic coordinate is “Athens Municipal Airport (lat. 33°56'54" N., long. [F.R. Doc. 68-1869; Filed,- Feb. 14, 1968; 83°19'37" W .),” and because of a re- 8:46 a.m.] [Airspace Docket No. 67-CE-134] definement of 2° in the final approach radial of AL-983-VOR-RWY-2 standard [Airspace Docket No. 67-WE-44] PART 71 — DESIGNATION OF FEDERAL instrument approach procedure, it is nec­ AIRWAYS, CONTROLLED AIRSPACE, essary to alter the control zone descrip­ PART 71— DESIGNATION OF FEDERAL AND REPORTING POINTS tion accordingly. AIRWAYS, CONTROLLED AIRSPACE, Since this amendment is either edi­ AND REPORTING POINTS Alteration of Control Zone torial or minor in nature, notice and pub­ On page 17596 of the Federal R egister lic procedure hereon are unnecessary. PART 73— SPECIAL USE AIRSPACE In consideration of the foregoing, Part dated December 8, 1967, the Federal Avi­ Designation of Restricted Area and ation Administration published a notice 71 of the Federal Aviation Regulations is amended, effective immediately, as Alteration of Restricted Areas and of proposed rule making which would hereinafter set forth. Controlled Airspace amend § 71.171 of Part 71 of the Federal In § 71.171 (33 F.R. 2058), the Athens, Aviation Regulations so as to alter the On November 28, 1967, a notice of pro­ Ga., control zone is amended to read: posed rule making was published in the control zone at Detroit, Mich. Athens, Ga. F ederal R egister (32 F.R. 16221) stating Interested persons were given 45 days Within a 5-mile radius of Athens Munici­ that the Federal Aviation Administra­ to submit written comments, suggestions, pal Airport (lat. 33°56'54" N„ long. 83°19'37" tion is considering amendments to Parts or objections regarding the proposed W .); within 2 miles each side of the Athens 71 and 73 of the Federal Aviation Regu­ VORTAC 078° radial, extending from the amendment. lations that would alter the Yuma, Ariz., 5-mile radius zone to 8 miles east of the restricted area complex as follows: (a) No objections have been received and VORTAC; and within 2 miles each side of the Athens VORTAC 192° radial, extending Designate a new Restricted Area the proposed amendment is hereby from the 5-mile radius zone to 8 miles south R-2306C, (b) reduce the lateral dimen­ adopted without change and is set forth of the VORTAC. sions of R-2308A along the east and below. . (Sec. 307(a), Federal Aviation Act of 1958; north boundaries, and (c) increase the 49 U.S.C. 1348(a)) upper limits of R-2306A and R-2306B This amendment shall be effective 0001 from FL 240 to 80,000 feet MSL, and e.s.t., April 25,1968. Issued in East Point, Ga., on February R-2308B and the modified R-2308A from (Sec. 307(a), Federal Aviation Act of 1958; 2, 1968. FL 200 to 80,000 feet MSL. 49 U.S.C. 1348) G ordon A. W illiams, Jr., Interested persons were afforded an Acting Director, Southern Region. Issued in Kansas City, Mo., on January opportunity to participate in the rule- 31, 1968. [F.R. Doc. 68-1868; Filed, Feb. 14, 1968; making through submission of com- 8:46 a.m.] D aniel E. B arrow, meiits. The Air Transport Association Acting Director, Central Region. (ATA) advised that the ATA Member [Airspace Docket No. 67—SW-49] Airlines utilizing Jet Route 4 between In § 71.171 (33 F.R. 2058), the follow­ Blythe, Calif., and Gila Bend, Ariz., are ing control zone is amended to read: p a r t 71— designation o f f e d e r a l opposed to increasing the upper limits Detroit Michigan (Metropolitan W ayne AIRWAYS, CONTROLLED AIRSPACE, of these restricted areas. Their flights County Airport) AND REPORTING POINTS are normally at altitudes above the re­ Within a 5-mile radius of Detroit Metro­ stricted areas as presently designated politan Wayne County Airport (latitude Designation of Control Area and can fly a direct route between Blythe 42"13'05" N„ longitude 83°21'00" W .); with­ On January 16, 1968, F.R. Doc. 68-526 and Gila Bend. The ATA states that the in 2 miles each side of the Detroit Metro­ direct route is a savings of approximately F ederal R egister politan Wayne County Airport ILS localizer was published in the (33 F.R. 530) which amended Part 71 of 7 miles when compared to J-4 which southwest course, extending from the 5-mile bypasses the restricted areas. rf5*us zone to the OM; within 2 miles each the Federal Aviation Regulations by des­ ignating an additional control area from However, in conjunction with the pro­ side of the Detroit Metropolitan Wayne posal to reduce the lateral limits of R - county Airport ILS localizer northeast course, Gage, Okla., with a 12 AGL floor to from the 5-mile radius zone to the Woodring, Okla. 2308A, the FAA, on January 3, 1968, CM; and within 2 miles each side of the published a notice of proposed rule mak­ etroit Metropolitan Wayne County Airport This amendment should have identi­ ing in the F ederal R egister (33 F.R. 25) ls east course, extending from the 5 -mile fied the navigational aids upon which stating that the FAA is considering an adius zone to the OM, excluding the portion this additional control area is based. Ac­ amendment to Part 75 of the FARs that est of a line between the points of inter- cordingly, action is taken herein to iden­ would alter Jet Route No. 4 between ection of the 5-mile radius zone and the tify the navigational aids associated with Blythe, Calif., and Gila Bend, Ariz. The etroit, Mich. (Willow Run) control zone. the Gage, Okla., additional control area. proposed realignment would be via the [PR. Doc. 68-1867; Filed, Feb. 14, 1968; Since this amendment is editorial in INT of Blythe 096° True (082° M) and 8:46 a.m.] nature and imposes no additional burden Gila Bend 299° True (285° M) radials.

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 2992 RULES AND REGULATIONS

The distance between Blythe and Gila Time of designation: Continuous. above 10,000 feet MSL at speeds ir. ex­ Bend via the realigned J-4 would be only Controlling agency: Federal Aviation Ad­ cess of 250 knots. The National Pilots ministration, Los Angeles Air Route Traffic Association also recommended that the 2 miles greater than the direct distance. Control Center. In view of this proposed realignment of Using agency: Commanding Officer, Yuma VFR minimums be related to the operat­ J-4 and since that portion of the re­ Proving Ground, Yuma, Ariz. ing speed of the aircrdft concerned. stricted areas above 24,000 feet MSL is Although a provision of this type would expected to be used only 30 percent of R-2308B Y uma East, Arizona provide an improved “see and avoid” the time, it appears that the impact of Boundaries: Beginning at lat. 33°02'00" capability between two VFR aircraft in the altered restricted areas on airlines N„ long. 113°45'00" W.; to lat. 33°17'30" N., marginal visibility conditions (3 to 5 long. 113°45'00" W.; to lat. 33°17'30" N., miles), it would not provide this capa­ utilizing J-4 will be minimal. long. 113°39'04" W.; to lat. 33°02'00" N., In consideration of the foregoing, long. 113° 39'04" W.; to point of beginning. bility between a VFR aircraft operating Parts 71 and 73 of the PARs are Designated altitudes: Surface to 80,000 within the speed limit and an Instrument amended, effective 0001 e.s.t., March 28, feet MSL. Flight Rules (IFR) aircraft operating 1968, as hereinafter set forth. Time of designation: Continuous. without a speed limit. With the recent In § 71.151 (33 P.R. 2048) the Conti­ Controlling agency: Federal Aviation Ad­ adoption of the 250-knot speed limit nental Control Area is amended by add­ ministration, Los Angeles Air Route Traffic below 10,000 feet (Amendment 91-47, Control Center. ing “R-2306C Yuma West, Arizona.” Using agency: Commanding Officer, Yuma published in 32 F.R. 15708 on Nov. 15, Section 73.23 (33 P.R. 2300) is Proving Ground, Yuma, Ariz. 1967) an increase in high-performance amended by adding a new Restricted operations above 10,000 feet can be ex­ (Sec. 307(a), Federal Aviation Act of 1958; pected. It is important to ensure that this Area R-2306C and substituting altered 49 U.S.C. 1348) descriptions of R-2306A, R-2306B, R - traffic will not ’ encounter VFR traffic 2308A, and Rr-2308B as follows: Issued in Washington, D.C., on Feb­ when operating IFR at a high airspeed ruary 9 ,1968-. in marginal weather conditions. R-2306A Y uma West, Arizona W illiam E. M organ, The Air Transport Association, the Air Boundaries: Beginning at lat. 33°00'00'' Acting Director, Air Traffic Service. Line Pilots Association, the U.S. Air N., long. 114°30W ' W.; to lat. 33°02'48" N., [F.R. Doc. 68-1870; Filed, Feb. 14, 1968; Force, and several other commentators long. 114°3.0'00" W.; to lat. 33°02'48" N., 8:46 a.m.] recommended that the increased weather long. 114°34'00" W.; to lat. 33°15'00" N., minimums be applied in all controlled long. 114°34'37" W.; to lat. 33°15'00" N., airspace rather than above 10,000 feet long. 114°15'00" W.;thence south along [Docket No. 8436; Arndt. 91-51] Highway 95 to lat. 33°00'00" N., long. 114° only. Such application of the revised 17'20" W.; to point of beginning. PART 91— g e n e r a l o p e r a t in g minimums would be beyond the scope of Designated altitudes: Surface to 80,000 AND FLIGHT RULES the notice and cannot be adopted at this feet MSL. time. Time of designation: Continuous. Basic VFR Weather Minimums Several commentators recommended Controlling agency: Federal Aviation Ad­ that the language of the final rule be ministration, Los Angeles Air Route Traffic The purpose of this amendment is to simplified so as to make the rule more Control Center. prescribe revised weather minimums for easily understandable. The final rule, as Using agency: Commanding officer, Yuma Visual Flight Rule (VFR) operations adopted herein, has been modified ac­ Proving Ground, Yuma, Ariz. more than 1,200 feet above the surface cordingly. In order to facilitate under­ and at or above 10,000 feet mean sea level uma est rizona standing of the basic VFR weather R-2306B Y W , A (MSL). Boundaries: Beginning at lat. 33°28'00'' minimums, they have been listed in table The substance of this amendment was form according to the altitudes at which N., long. 114°13'00" W.; thence south along published as a notice of proposed rule Highway 95 to lat. 33°15'00" N., long. 114° they apply. 15'00" W.; to lat. 33°15'00" N., long. 114° making in the Federal R egister on October 5, 1967 (32 F.R. 13871) and cir­ In consideration of the foregoing, Part 30'00" W.; to lat. 33°26'00" N., long. 114° 91 of the Federal Aviation Regulations 30'00" W.; to lat.' 33°28'00" N„ long. 114° culated as Notice No. 67-43. Public com­ ments received in response to the notice is amended, effective March 16, 1968, as 28'00" W.; to point of beginning. hereinafter set forth: Designated altitudes: Surface to 80,000 were generally favorable, and, for the feet MSL. most part, recommended adoption of the § 91.105 Basic VFR weather minimums. Time of designation: Continuous. revised weather minimums as proposed. (a) Except as provided in § 91.107, no Controlling agency: Federal Aviation Ad­ Due consideration was given to all com­ ministration, Los Angeles Air Route Traffic ments received. person may operate an aircraft under Control Center. VFR when the flight visibility is less, or Using agency: Commanding Officer, Yuma The Aircraft Owners and Pilots Asso­ Proving Ground, Yuma, Ariz.. ciation recommended that the visibility at a distance from clouds that is less, requirement for VFR be increased to 5 than that prescribed for the correspond­ R-2306C Y uma West, Arizona miles only for those aircraft operating ing altitude in the following table: Boundaries: Beginning at lat. 33°15'00" N., long. 114°34'37" W.; to lat. 33°23'00" N., long. 114°34'37" W.; to lat. 33°26'00" N„ Altitude Flight visibility Distance from clouds long. 114°30'00" W.; to lat. 33°15'00" N., long. 114°30'00'' W.; to point of beginning. 1,200 feet or less above the surface (regardless of MSL Designated altitudes: Surface to 17,000 altitude)— [500 feet below: <1,000 feet above. feet MSL. [2,000 feet horizontal. Time of designation: Continuous. Controlling agency: Federal Aviation Ad­ Outside controlled airspace...... 1 statute mile except as pro- Clear of clouds. vided in § 91.105(b). ministration, Los Angeles Air Route Traffic More than 1,200 feet above the surface but less than 10,000 Control Center. feet MSL— [500 feet below. Using agency: Commanding Officer, Yuma <1,000 feet above. Proving Ground, Yuma, Ariz. [2,000 feet horizontal. 1500 feet below. R-2308A Y uma East, Arizona •¡1,000 feet above. 12,000 feet horizontal. Boundaries: Beginning at lat. 33°28'00” More than 1,200 feet above the surface and at or above 10,000 [1,000 feet below. N., long. 114°13'00" W.; to lat. 33°17'30" N., feet MSL. 5 statute miles...... <1,000 feet above. long. 113°39'04'' W.; to lat. 33°17'30" N., [l mile horizontal. long. 113°45'00" W.; to lat. 33°02'00" N., long. 113°45'00" W.; to lat. 33°02'00" N., long, 113°56'30" W.; to lat. 33°00'00" N., (b) When the visibility is less than oneobstruction in time to avoid a collision. long. 114°11'00" W.; to lat. 33°00'00" N., mile, a helicopter may be operated out­ (c) Except as provided in § 91.107, no long. 114°17'20" W.; thence north along side controlled airspace at 1,200 feet or person may operate an aircraft, under Highway 95 to point of beginning. less above the Surface if operated at a VFR, within a control zone beneath the Designated altitudes: 1,500 feet AGL to speed that allows the pilot adequate ceiling when the ceiling is less than 1,000 80,000 feet MSL. opportunity to see any air traffic or other feet.

FEDERAL REGISTER, V O L 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 RULES AND REGULATIONS 2993

(d) Except as provided in § 91.107, no 7(f) of Schedule 14A (§ 240.14a-101, amended (32 F.R. 18032), specifies re­ person may take off or land an aircraft, Item 7(f), of this chapter) in order to quirements for lamps, reflective devices, or enter the traffic pattern of an airport, reflect the action taken by the Commis­ and associated equipment for multi­ under VFR, within a control zone— sion in revising said proxy rules: purpose passenger vehicles, trucks, trail­ (1) Unless ground visibility at that 1. The following, comprising old In­ ers, and buses, 80 inches or more in over­ airport is at least 3 statute miles; or. struction 3 prior to the revision an­ all width, manufactured after December (2) If ground visibility is not reported nounced December 14, 1967, is hereby 31, 1967. at that airport, unless flight visibility reinstated as Instruction 2 to read as Paragraph S3.1.1.4 provides that boat during landing or takeoff, or while op­ follows; trailers need not be equipped with iden­ erating in the traffic pattern, is at least 2. No information need be given in answer tification lamps, clearance lamps, and 3 statute miles. to this Item 7(f) as to any transaction front side-marker lamps until June 1, where— 1968. Paragraph S3.1.1 requires that (e) For the purposes of this section, (a) The rates or charges involved in the an aircraft operating at the base altitude transaction are determined by competitive these vehicles be equipped with rear side- of a transition area or control area is bids, or the transaction involves the render­ marker lamps on January 1,1968. considered to be within the airspace ing of services as a common or contract The Boating Industry Association has directly below that area. carrier, or public utility, at rates or charges petitioned for reconsideration of the fixed in conformity with law or govern­ (Secs. 307, 313(a), Federal Aviation Act of effective date of January 1, 1968, of the mental authority; requirement for rear side-marker lamps 1958; 49 U.S.C. 1348, 1354) (b) The transaction involves services as a bank depositary of funds, transfer agent, on boat trailers. The petitioner requests Issued in Washington, D.C., on Feb­ registrar, trustee under a trust indenture, that the effective date for this require­ ruary 8, 1968. or similar services; ment be changed to June 1, 1968. The W illiam F. M cK ee, (c) The amount involved in the transac­ petitioner also requests that boat trailers Administrator. tion or a series of similar transactions, in­ be exempted from the requirements, ef­ cluding all periodic payments or install­ fective June 1, 1968, for front side- [F.R. Doc. 68-1866; Filed, Feb. 14, 1968; ments, does not exceed $30,000; or 8:46 a.m.] marker lamps, clearance lamps, and (d) The interest of the specified person identification lamps, on the ground that arises solely from the ownership of securi­ ties of the issuer and the specified person they are not reasonable or practicable receives no extra or special benefit not shared for boat trailers, are not in the public Title 18— CONSERVATION OF on a pro rata basis by all holders of securi­ interest, and are invalid since they are ties of the class. expressly designed to achieve uniformity POWER AND WATER RESOURCES of lighting for all trailers regardless of II. Instruction 4 is deleted. configuration, rather than being ap­ Chapter I— Federal Power III. Instruction 5 is redesignated as propriate for the type of vehicle to which Commission Instruction 4. IV. The following, comprising old they are applied. [Docket No. R-337; Order No. 359] Instruction 6 prior to the revision of The amended requirements of Initial Standard No. 108 reflect recognition of PART 1— RULES OF PRACTICE AND December 14, 1967, is hereby reinstated as Instruction 5 to read as follows : possible redesigning and retooling prob­ PROCEDURE 5. In describing any transaction involving lems which might be encountered in ap­ Practice With Regard to Complaints the purchase or sale of assets by or to the plying the standard to boat trailers and and Protests issuer or any of its subsidiaries, otherwise further provide the maximum relief that than in the ordinary course of business, is consistent with traffic safety. The re­ Correction state the cost of the assets to the purchaser quirement for identical marking and In F.R. Doc. 68-1667 appearing at page and, if acquired by the seller within 2 years lighting of all vehicles 80 inches or more 2843 in the issue of Saturday, February prior to the transaction, the cost thereof to in overall width will enhance traffic 10, 1968, in § 1.10(b), line 2, the word the seller. safety, since the public will be provided “alter” should read “alert”. In addition, the foregoing release also with a readily understandable means of through inadvertence incorrectly stated identifying a large and normally slow- subparagraph (6) of Rule 14a-ll(b) (17 moving vehicle. CFR 240.14a-ll(b) ). Accordingly, sub- Initial Standard No. 108, as amended, Title 1 7 — COMMODITY AND paragraph (6) of Rule 14a-ll(b) (17 was found and is hereby found to be CFR 240.14a-ll(b) (6) ) which reads reasonable, practicable, and appropriate SECURITIES EXCHANGES “ any person who solicits proxies.” is cor­ for boat trailers, and is further found rected to read “any other person who so­ that it contributes to the need for motor Chapter II— Securities and Exchange licits proxies.” vehicle safety. Commission By the Commission, February 2, 1968. Accordingly, the above described pe­ [Release Nos. 34b-8206A, 35-15918A, IC-5200A] [ seal] O rval L. DtjB ois, tition of the Boating Industry Associa­ Secretary. tion insofar as it seeks reconsideration of PART 240— GENERAL RULES AND the requirements for front side-marker REGULATIONS, S EC U R IT IES EX­ [F.R. Doc. 68-1857; Fifed, Feb. 14, 1968; 8:45 a.m.] lamps, clearance lamps, and identifica­ CHANGE ACT OF 1934 tion lamps on boat trailers, is hereby denied. Proxy and Stockholder Information It has been further determined that, Rules; Correction Title 23— HIGHWAYS AND with respect to the requirements of para­ In Release Nos. 34-8206, 35-15918, graph S3.1.1.4, simultaneous application IC-5200, dated December 14, 1967 (pub- VEHICLES of related requirements for identification vlished in the Federal R egister for Dec. lamps, clearance lamps, front side- 29, 1967 at 32 F.R. 20960) the Commis­ Chapter II— Vehicle and Highway marker lamps, and rear side-marker sion announced certain revisions of its Safety lamps will result in an orderly transition Proxy rules (17 CFR 240.14a-l et seq.). [Docket No. 9] in boat trailer lighting. -Therefore, para­ Through inadvertence, the text of the graph S3.1.1.4 is being amended to pro­ ‘Instructions” to Item 7(f) of Schedule PART 255— INITIAL FEDERAL MOTOR vide an extension of the effective date of 14A (17 CFR 240.14a-101, Item 7 (f)), VEHICLE SAFETY STANDARDS the requirement for rear side-marker lamps on boat trailers to June 1, 1968. commencing on page 18 of said Release Motor Vehicle Safety Standard No. 34-8206 etc., failed to reflect accurately Since this amendment relieves a re­ the revisions of those Instructions as ap­ 108; Lamps, Reflective D e v ice s, striction and imposes no additional bur­ proved by the Commission and summa­ Multipurpose Passenger Vehicles, den on any person, notice and public rized on pages 5 and 6 of said Release. Trucks, Trailers, and Buses procedure hereon are unnecessary. It is Accordingly, the following corrections Initial Federal Motor Vehicle Safety found, for good cause shown, that an ef­ are noted in the Instructions to Item Standard No. 108 (32 F.R. 2411), as fective date earlier than 180 days after FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 2994 RULES AND REGULATIONS issuance is in the public interest and in that must be flashed to meet the require­ the interest of motor vehicle safety. ment of paragraph S3.4.5. Title 38— PENSIONS, BONUSES, In consideration of the foregoing, Therefore, the standard is being effective January 1, 1968, § 255.21 of amended— AND VETERANS’ RELIEF Part 255, Initial Federal Motor Vehicle (a) To change the effective date of Safety Standards, Motor Vehicle Safety the requirement for Class A photometric Chapter I— Veterans Administration Standard No. 108 (32 F.R. 2411), as turn-signal lamps, as specified in para­ PART 1— GENERAL PROVISIONS amended (32 F.R. 18032), is further graph § 3.1.1.7, from January 1, 1969, to amended as follows: January 1,1970; and Disclosure of Records to Federal Gov­ Paragraph S3.1.1.4 is amended to read (b) To require in paragraph S3.4.5 ernment Departments, State Unem­ as follows: ployment Compensation Agencies S3.1.1.4 Until June 1, 1968, boat that only sufficient tum-signal lamps, trailers need not be equipped with located in accordance with Table II or and the Office of Servicemen’s identification lamps, clearance lamps, Table IV, as applicable, required to pro­ Group Life Insurance front side-marker lamps, or rear side- vide the tum-signal photometric re­ quirements of paragraph S3.1.1.7 need Section 1.506 is revised to read as marker lamps. be flashed simultaneously. follows: (Secs. 103, 119, National Traffic and Motor Since these amendments provide clari­ Vehicle Safety Act of 1966 (15 U.S.C. 1392, § 1.506 Disclosure of records to Federal 1407) ; delegation of authority of Mar. 31, fication and alternative means of com­ Government departments, State un­ 1967 (32 F.R. 5606), as amended Apr. 6, 1967 pliance, relieve restrictions, and impose employment compensation agencies (32 F.R. 6495), July 27, 1967 (32 F.R. 11276), no additional burden on any person, and the Office o f Servicemen’ s Group Oct. 11, 1967 (32 F.R. 14277), and Nov. 8, notice and public procedure hereon are Life Insurance. 1967 (32 F.R. 15710) ) unnecessary. (a) All records or documents required Issued in Washington, D.C., on Febru­ In consideration of the foregoing, for official purposes by any department ary 8, 1968. § 255.21 of Fart 255, Federal Motor Ve­ or other agency of the U.S. Government hicle Safety Standards, Motor Vehicle or any State unemployment compensa­ Lowell K. B ridewell, Safety Standard No. 108 (32 F.R. 18033), tion agency acting in an official capacity Federal Highway Administrator. is amended as follows: for the Veterans Administration shall be [F.R. Doc. 68-1904; Filed, Feh. 14, 1968; (a) Paragraph S3.1.1.7 is revised to furnished in response to an official re­ 8:48 a.m.] read as follows: quest, written, or oral, from such depart­ ment or agency. If the requesting S3.1.1.7 Passenger cars manufactured [Docket No. 9] department or agency does not indicate before January 1,1970, shall be equipped the purpose for which the records or PART 255—-INITIAL FEDERAL MOTOR with turn-signal lamps that provide Class documents are requested and there is B photometric values and Class B effec­ VEHICLE SAFETY STANDARDS doubt as to whether they are to be used tive projected illuminated areas. Pas­ for official purposes, the requesting de­ Motor Vehicle Safety Standard No. senger cars manufactured on or after partment or agency will be asked to spec­ 108; Lamps, Reflective D e v ice s, January 1, 1970, shall be equipped with ify the purpose for which they are to turn-signal lamps that provide Class A be used. Passenger Cars, Multipurpose Pas­ photometric values and Class B effective senger Vehicles, Trucks, Buses, projected illuminated areas. If a multiple (b) The Chief Benefits Director, Di­ Trailers, and Motorcycles compartment lamp or multiple lamps are rector of Insurance Service, or designee of either in Central Office, is authorized Motor Vehicle Safety Standard No. used to meet this requirement, the effec­ tive projected illuminated area of each to release information to OSGLI (Office 108, published in the F ederal R egister compartment or lamp shall be not less of Servicemen’s Group Life Insurance) on December 16, 1967 (32 F.R. 18033), for the purpose of aiding in the settle­ specifies requirements for lamps, reflec­ than that of a Class B lamp, and photo­ metric requirements of Class B, or Class ment of a particular insurance case. tive devices, and associated equipment (72 Stat. 1114; 38 U.S.C. 210) for passenger cars, multipurpose passen­ A, as applicable, shall be provided by one ger vehicles, trucks, buses, trailers, and or a combination of the compartments This VA regulation is effective the date motorcycles manufactured after Decem­ or lamps. of approval. (b) Paragraph S3.4.5 is revised to read ber 31, 1968. Approved: February 8,1968. Paragraph S3.1.1.7 requires that pas­ as follows: senger cars manufactured after Decem­ S3.4.5 The vehicular hazard warning By direction of the Administrator. ber 31,1968, be equipped with turn signal signal operating unit shall operate in­ [seal] A. W. S tratton, lamps that provide Class A photometric dependently of the ignition or equivalent Deputy Administrator. values in accordance with Society of switch, and when energized, shall cause to flash simultaneously sufficient tum- [FJft. Doc. 68-1883; Filed, Feb. 14, 1968; Automotive Engineers Standard J588d, 8:47 a.m.] “Turn-Signal Lamps,” June 1966. signal lamps, located in accordance with Paragraph S3.4.5 requires that actua­ Table II or Table IV, as applicable, to meet the tum-signal lamp photometric tion of the vehicular hazard warning p a r t 3— ADJUDICATION signal operating unit shall, when ener­ requirements specified in S3.1.1.7. gized, cause all tum-signal lamps to flash (Secs. 103, 119, National Traffic and Motor Subpart A— Pension, Compensation, simultaneously. Vehicle Safety Act of 1966 (15 U.S.C. 1392, and Dependency and Indemnity The Administrator has determined 1407) ; delegation of authority of Mar. 31, Compensation that— 1967 (32 F.R. 5606), as amended Apr. 6, 1967 (a) Hardships will be imposed on (32 F.R. 6495), July 27, 1967 (32 F.R. 11276), A id and A ttendance Allowance Oot. 11, 1967 (32 F.R. 14277), Nov. 8, 1967 for W idows motor vehicle and motor vehicle equip­ (32 F.R. 15710)) ment manufacturers in reengineering, 1. In § 3.402, paragraph (c) is amend­ redesigning, and retooling to meet the Effective date: January 1,1969. ed to read as follows: requirement for Class A photometric Issued in Washington, D.C., on Feb­ § 3.402 Widows. turn signals; and therefore, it would not ruary 8,1968. be reasonable or practicable to apply an Awards of pension, compensation, or effective date of January 1, 1969, to this Lowell K . B ridwell, dependency and indemnity compensation requirement of paragraph S3.1.1.7; and Federal Highway Administrator. to or for a widow will be effective as (b) Clarification is needed with re­ [F.R. Doc. 68-1905; Filed, Feb. 14, 1968; follows: spect to the number of turn-signal lamps 8:49 am.] * * * • •

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 RULES AND REGULATIONS 2995

(c) Aid and attendance (§ 3.351(a)) . road milepost 25, north of Seward, and in § 1.5(j) (1) of Part 1 (32 F.R. 14277) on (1) Date of receipt of claim or date en­ more particularly described as follows: the authority delegated to the Federal titlement arose, whichever is later. See Beginning at Corner No. 2 of H.E.A. No. 186 and a point on the easterly right-of-way Highway Administrator to issue motor also § 3.400(c) (2). line of the Alaska Railroad opposite main vehicle safety standards. Currently, the (2) Date of departure from hospital, tract Centerline Station 13004-85.9, which Administrator has been delegated au­ institutional or domiciliary care at Vet­ corner and point bears N. 2°25' W., 1,207.8 thority to issue initial standards, new and erans Administration expense. feet and N. 10°42'11" E„ 20,139.24 feet from revised standards under the second sen­ U.S. Land Monument No. 62; thence N. tence of section 103(h) of the National 2. In § 3.502, paragraph (e) is amend­ 2°25' W., along said easterly right-of-way ed to read as follows: Traffic and Motor Vehicle Safety Act of line, 2,068.4 feet; thence, continuing along 1966, and certain procedural rules and said right-of-way line, northwesterly, along § 3.502 Widows. an arc with a radius of 5,829.65 feet, 611.5 notices of proposed rule making. The effective date of discontinuance of feet; thence continuing along said right- Under this amendment authority is pension, compensation, or dependency of-way line, N. 8°24' W., 937.6 feet; thence delegated to the Administrator to issue and indemnity compensation to or for N. 84°06' E„ 704.3 feet; thence S. 72°38' E., Federal Motor Vehicle Safety Standard a widow will be the earliest of the dates 1,029.8 feet; thence S. 12°00' W„ 1,840.2 feet; No. 202, Head Restraints—Passenger thence S. 44°24'04" W., 821.45 feet; thence Cars and amendments to Federal Motor stated in this section. Where an award S. 12°00' W., 1,000 feet to a point on the is reduced, the reduced rate will be pay­ Vehicle Safety Standard No. 108, Lamps, northerly boundary of said H.E.S. No. 186; Reflective Devices and Associated Equip­ able the day following the date of dis­ thence west along said northerly boundary, continuance of the greater benefit. 236.40 feet to the point of beginning. ment—Multipurpose Passenger Vehicles, * * * * * Trucks, Trailers, and Buses 80 inches or 2. The withdrawal made by this order More in Overall Width, with respect to (e) Aid and attendance (§ 3.351(a)). does riot alter the applicability of those photometric requirements. (1) Date pf last payment, if need for aid public land laws governing the use of This action is taken under the author­ and attendance has ceased. the national forest land under lease, ity of sections 6(a) (6) (A) and 9 of the (2) If hospitalized at Veterans Admin­license, or permit, or governing the dis­ Department of Transportation Act (Pub­ istration expense as a veteran, the date posal of its mineral or vegetative re­ lic Law 89-670, 80 Stat. 931). Since this specified in § 3.552(b) (1) or (3). sources other than under the mining amendment involves a delegation of au­ (72 Stat. 1114; 38 U.S.C. 210) laws. However, leases, licenses, or per­ thority and relates to the internal man­ mits will be issued only if the proposed agement of the Department, notice and These VA regulations are effective October 1, 1967. use of the land will not interfere with the public procedure thereon are not required proper operation of the facilities on the and the amendment may be made effec­ Approved: February 9, 1968. tive in less than 30 days. land. In consideration of the foregoing, ef­ By direction of the Administrator. Harry R. A nderson, Assistant Secretary of the Interior. fective February 1, 1968, § 1.5 (j) (1) (iii) [seal] A. W. S tratton, of Part 1 of the regulations of the Office Deputy Administrator. F ebruary 9,1968. of the Secretary of Transportation is [F.R. Doc. 68-1884; Filed, Feb. 14, 1968; [F.R. Doc. 68-1852; Filed, Feb. 14, 1968; amended to read as follows: 8:47 a.m.] 8:45 a.m.] § 1.5 Reservations o f authority. * * * * * (j) * * * Title 43— PUBLIC LANDS: Title 46— SHIPPING Q) * * * (iii) New and revised Federal motor INTERIOR Chapter II— Maritime Administration, vehicle standards under the second sen­ Department of Commerce tence of section 103(h) of the National Chapter II— Bureau of Land Manage­ Traffic and Motor Vehicle Safety Act of SUBCHAPTER J— MISCELLANEOUS ment, Department of the Interior 1966 (15 U.S.C. 1392(h)); Federal Motor [General Order 89, Arndt. 2 ] Vehicle Safety Standard No. 202; amend­ APPENDIX— PUBLIC LAND ORDERS ments to Federal Motor Vehicle Safety PART 355— REQUIREMENTS FOR ES­ [Public Land Order 4355] Standard No. 108, with respect to photo­ TABLISHING UNITED STATES CITI­ [Anchorage 983] metric requirements; procedural rules an ZENSHIP and regulations related to the issuance of ALASKA any motor vehicle standards; and notices Form of Affidavit of proposed rule making to any motor Withdrawal for Railroad Terminal Correction vehicle standards. By virtue of the authority vested in In F.R. Doc. 68-1823 appearing at page * * * * * the President by the act of . March 12, 2893 in the issue of Tuesday, February 13, Issued in Washington, D.C., on Feb­ 1914 (38 Stat. 305; 48 U.S.C. 301-308), 1968, in the third line of the affidavit ruary 8,1968. as amended, and pursuant to Executive form in § 355.3, the word “citizenship” A lan S. B oyd, Order No. 10355 of May 26, 1952 (17 F.R. should read “citizen”. Secretary of Transportation. 4831), it is ordered as follows: [F.R. Doc. 68-1876; Filed, Feb. 14, 1968; 1. Subject to valid existing rights, the 8:46 a.m.] following described land, which is under the jurisdiction of the Secretary of Title 49— TRANSPORTATION Agriculture, is hereby withdrawn from all forms of appropriation under the Subtitle A— Office of the Secretary of Title 50— WILDLIFE AND public land laws, including the mining Transportation laws (30 U.S.C., Ch. 2), but not from [OST Docket No. 1; Arndt. No. 1-7] FISHERIES leasing under the mineral leasing laws, and reserved for use as a railroad ter­ p a r t 1— f u n c t io n s , p o w e r s , a n d Chapter I— Bureau of Sport Fisheries minal by the Department of Transpor­ DUTIES IN THE DEPARTMENT OF and Wildlife, Fish and Wildlife tation: TRANSPORTATION Service, Department of the Interior C r o w n P o i n t •

SEWARD MERIDIAN (TJNStrRVEYED) Limitation on Reservation of Author­ PART 33— SPORT FISHING ity; Federal Highway Administra­ Chugach National Forest Mingo National Wildlife Refuge, Mo. tion T- 4N„ R. i w., The following special regulation is is­ A tract of land containing 81.2 acres in The purpose of this amendment is to sued and is effective on date of publica­ sec. 24, Ei/2, being situated at Alaska Rail- further limit the reservation imposed tion in the Federal R egister.

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 2996 RULES AND REGULATIONS

§ 33.5 Special regulations; sport fish­ eries and Wildlife, 1006 West Lake Street, generally which are set forth in Title 50, ing; for individual wildlife refuge Minneapolis, Minn. 55408. Sport fishing Code of Federal Regulations, Part 33, areas. shall be in accordance with all appli­ and are effective through September 30, M issouri cable State regulations subject to the fol­ 1968. MINGO NATIONAL WILDLIFE REFUGE lowing conditions: (1) Open season: March 15, 1968, J ohn E. T oll, Sport fishing on the Mingo National through September 30, 1968, daylight Refuge Manager, Mingo Na­ Wildlife Refuge, Mo. is permitted in all hours only. tional Wildlife Refuge, Puxico, waters on the refuge. These waters com­ (2) The use of motors on boats is not Mo. prise about 4,300 acres. Maps and infor­ permitted. mation are available at refuge head­ The provisions erf this special regula­ F ebruary 7,1968. quarters and from the office of the Re­ tion supplement the regulations which [FJt. Doc. 68-1851; Filed, Feb. 14, 1968; gional Director, Bureau of Sport Fish­ govern fishing on wildlife refuge areas 8:45 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968

i: 2997

Proposed Rule Making

(d) thereof, and by adding a new para­ (2) the total of the portions of the tax DEPARTMENT OF THE TREASURY graph (d). These revised and added pro­ liability of the group allocated to such Internal Revenue Service visions read as follows: member for all previous taxable years § 1.1502—33 Earnings and profits. to which the election under this para­ [ 26 CFR Part 1 ] graph applies; and * * * * * (b) The amount of any excess tax INCOME TAX (cT Stock and obligations. * * * liability which would be allocated to a Consolidated Returns; Allocation of (4) Investment adjustment. * * * member of a group but for (a) of this (iii) Election to adjust currently. * * * subdivision (i) shall be apportioned Tax Liability Among Members of (d) * * * among the other members in direct pro­ an Affiliated Group Such election shall be made by sub­ portion to, but limited to, the reduction in Regulations proposed to be prescribed mitting a statement, on or before the tax liability resulting to such other mem­ as § § 1.1502-33 (d), 1.1552, and 1.1552-1 due date (including any extensions of bers. Such reduction for any member (a) (3) and (b) were published in ten­ time) of the consolidated return for the shall be the excess, if any, of (I) the tative form with a notice of proposed first taxable year for which the election total of its tax liabilities on a separate rule making in the F ederal R egister is to apply, to the district director with return basis for all taxable years to for December 31, 1966 (31 F.R. 16788). whom the group files such return. How­ which the election under this paragraph Notice is hereby given that such pro­ ever, such election may be made for any applies, and for which such member posed regulations are withdrawn. taxable year beginning after December joined in the filing of a consolidated Further, notice is hereby given that 31, 1965, within 60 days from (insert return of such group (including the cur­ the regulations set forth in tentative date these regulations are published in rent taxable year), computed as if it had form below are proposed to be prescribed final form in the F ederal R egister), if actually filed separate returns for all by the Commissioner of Internal Rev­ it is made in conjunction with an elec­ such years, over (2) the total of the por­ enue, with the approval of the Secretary tion under paragraph (d) of this sec­ tions of the tax liability of the group al­ of the Treasury or his delegate. Prior to tion. If an election is made under this' located to such member for all taxable the final adoption of such regulations, subdivision, it may not thereafter be years to which the election under this consideration will be given to any com­ revoked. paragraph applies (including for the cur­ ments or suggestions pertaining thereto * * * * * rent taxable year only the amount al­ whieh are submitted in writing, in du­ located under § 1.1552-1 (a) (1), (2), or (d) Federal income tax liability. (1) (3 ) ). plicate, to tiie Commissioner of Internal In general: For the purpose of determin­ Revenue, Attention: CC: LR: T, Wash­ ing the earnings and profits of each If any excess tax liability remains after ington, D.C. 20224, within the period member of a group for a consolidated being apportioned among members with of 30 days from the date of publication return year beginning after December 31, a reduction in tax liability to the extent of this notice in the F ederal R egister. 1965, the tax liability of the group for of such reduction, as provided in (b) of Any written comments or suggestions such year may be allocated among the this subdivision (i), such remaining not specifically designated as confiden­ members in accordance with subpara­ amount shall, notwithstanding (a) of tial in accordance with 26 CFR 601.601 graph (2) (i), (ii), or (iii) of this para­ this subdivision (i), be allocated to (b) may be inspected by any person graph, if an election is made in accord­ the members in accordance with upon written request. Any person sub­ ance with subparagraph (3) of this § 1.1552-1 (a) < 1), (2), or (3), whichever mitting written comments or sugges­ paragraph. Allocations of tax liability is applicable. In computing the tax lia­ tions who desires an opportunity to made in accordance with subparagraph bility of a member on a separate return comment orally at a public hearing on (2) of this paragraph shall be treated as basis for purposes of (a) (1) and (b) (1) these proposed regulations should sub­ allocations of the tax liability of the of this subdivision (i), its surtax exemp­ mit his request, in writing, to the Com­ group for taxable years beginning after tion shall be an amount equal to $25,000 missioner within the 30-day period. In December 31, 1965, even though the sum divided by the number of members in such case, a public hearing will be held, of the amounts allocated for a taxable the group for such year, and an election and notice of the time, place, and date year may exceed the tax liability of the under section 243(b) (2) shall be deemed will be published in a subsequent issue group as determined under paragraph to be in effect for the group. (However, of the Federal R egister. The proposed (b)(1) of § 1.1552-1. See paragraph if for the taxable year some or all of the regulations are to be issued under the (b) (2) of § 1.1552-1 for the effect of the members are component members of a authority contained in sections 1502, allocations. controlled group of corporations (within 1552, and 7805 of the Internal Revenue the meaning of section 1563) and if there Code of 1954 (68A Stat. 367, 371, 917; (2) Methods of allocation: (i) Theare other such component members 26 U.S.C.1502,1552, 7805). tax liability of the group, as determined which do not join in filing the consol­ under paragraph (b) (1) of § 1.1552-1, idated return for such year, the amount [seal] Sheldon S. Cohen, shall be allocated to the members in ac­ Commissioner of Internal Revenue. to be divided among the members filing cordance with paragraph (a) (1), (2), the consolidated return shall be (in lieu In order to provide more specific rules or (3) of § 1.1552-1, whichever is ap­ of $25,000) the sum of the amounts ior, and additional methods of, allocating plicable; but— apportioned to the component members the consolidated tax liability among the (a) The amount of tax liability al­which join in filing the consolidated re­ members of an affiliated group of cor­ located to any member for a taxable turn (as determined under § 1.1561-2 porations, and in order to conform the year shall not exceed the excess of (1) (a) (2) or § 1.1561-3, whichever is ap­ regulations under section 1552 of the the total of the tax liabilities of such plicable).) If a group elects to use the ™ n a l Revenue Code of 1954 to section member on a separate return basis for method of allocation provided by this A*4(b) (8) of the Revenue Act of 1964 (78 all taxable years to which the election subdivision, it must maintain specific the Income Tax Regulations under this paragraph applies, and for records to substantiate the tax liability iKco • Part 1} u ^ er sections 1592 and which such member joined in the filing of each member on a separate return raw are amended as follows: of a consolidated return of such group basis for purposes of (a) (1) and (b) (1) Paragraph 1. Section 1.1502-33 is (including the current taxable year), of this subdivision (i). ¡ 2 ??*, xby revisine so much of para- computed as if it had actually filed sep­ s apn (c) (4) an) as f0ii0WS subdivision (ii) (a) The tax liability of the group, arate returns for all such years, over as determined under paragraph (b) (1) of

No. 32------3 FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 2998 PROPOSED RULE MAKING

§ 1.1552-1, shall be allocated to the mem­ for all future consolidated return years carryover from 1966). Thus, $440 is the maxi­ of the group unless the Commissioner mum amount which may be allocated to S2 bers in accordance with paragraph (a) for 1967, pursuant to the method of alloca­ (1) , (2) or (3) of § 1.1552-1, whichever is authorizes a change to another method tion elected by the group. The entire excess applicable; prior to the time prescribed by law for of $220 (which would otherwise be allocated (b) An additional amount shall be al­ filing the return for the year in which to S2 under § 1.1552-1 (a) (1)) is allocated located to each member equal to a fixed such change is to be effective. If a group to SI because SI had a $220 reduction in tax percentage (which does not exceed 100 does not make an election under this liability, as determined under subparagraph percent) of the excess, if any, of (1) the subparagraph for a taxable year ending (2) (i) (b) of this paragraph. Such reduction separate return tax liability of such before January 1,1968, it may not there­ is the excess of S i’s 1966 and 1967 tax lia­ bilities on a separate return basis ($660) over member for the taxable year (computed after make such an election without the its allocated portion of the tax liability of the as provided in paragraph (a) (2) (ii) of approval of the Commissioner unless the group for 1966 ($220) plus the amount al­ § 1.1552-1), over (2) the tax liability al­ election is made for the first consolidated located to it for 1967 under § 1.1552-1 (a) (1) located to such member in accordance return year of the group. Further, an ($220). The effect of the allocation of $440 with (a) of this subdivision (ii); and election under this subparagraph shall to SI and $440 to S2 is determined under (c) The total of any additional not be effective unless the group has § 1.1552-1(b )(2). amounts allocated pursuant to (b) of this Example (2 ). Assume the same facts as in subdivision (ii) (including amounts al­ also made an election under paragraph example ( 1) except that the group elected located as a result of a carryback) shall' (c) (4) (iii) of this section. in accordance with subparagraph (3) of this be credited to the earnings and profits (4) The provisions of this paragraphparagraph to use the method of allocation provided in subparagraph (2 ) (ii) of this of those members which had items of in­ may be illustrated by the following paragraph, choosing a fixed percentage of come, deductions, or credits to which examples: 100 percent under subparagraph (2 ) (ii) (b) such total is attributable pursuant to a Example (1). (1) Corporation P is tlie of this paragraph. Assume also that the tax­ consistent method which fairly reflects common parent owning all of the stock able incomes and losses of the corporations such items of income, deductions, or of corporations SI and S2, members of an shown in example (1) would be the same credits, and which is substantiated by affiliated group. A consolidated return is filed amount if computed as provided in para­ specific records maintained by the group for the taxable year ending December 31, graph (a) (2) (ii) of § 1.1552-1. Thus, for for such purpose. 1966, by P, SI, and S2. The group has made 1966, $440 is allocated to SI (the $220 tax an election in accordance with subparagraph liability of the group, and an additional $220 (iii) Allocations of tax liability to the pursuant to subparagraph (2) (ii) (b) of this members shall be made in accordance (3 ) of this paragraph to use the method of allocation provided in subparagraph (2 ) (i) of paragraph). The earnings and profits of SI with any other method approved by the this paragraph in conjunction with para­ are reduced in the amount of $440, and the Commissioner. A condition of any such graph (a) (1) of § 1.1562-1. For 1966, the cor­ earnings and profits of S2 are increased in approval shall be that the group main­ porations had the following taxable incomes the amount of $220 because the $220 Allo­ tains specific records to substantiate its or losses computed as if separate returns were cated to SI which is in addition to the tax computations pursuant to such method.' actually filed for such year: liability of the group is attributable to de­ ductions of S2. If SI pays the $220 tax lia­ (3) Method of election: In the event P ______0 bility of the group and pays $220 to S2, no a group desires to allocate its tax liability 51 ______$2,000 further adjustments will be made, as a re­ in accordance with a method provided 5 2 ______(1,000) sult of the 1966 tax liability, to the income, in subparagraph (2) (i) or (ii) <5f this Assuming that each member’s portion of con­ earnings and profits, or basis of stock of any paragraph, for a consolidated return solidated taxable income attributable to it member. If SI pays the $220 tax liability of year beginning after December 31, 1965, is the same as its taxable income computed the group, and pays the other $220 to P in­ an election to that effect shall be made as if separate returns were actually filed (see stead of S2, because, for example, of an agree­ paragraph (a) (1) of § 1.1552—1), the tax lia­ ment among P, SI, and S2, S2 is treated as within the time prescribed by law for having made a distribution with respect to filing the consolidated return for the bility of the group for the year (assuming a 22-percent rate) is $220, all of which is its stock to P in the year that SI makes the first taxable year to which the group allocated to SI. SI accordingly reduces its payment to P. See paragraph (b)(2) of desires the election to apply (including earnings and profits in the amount of $220, § 1.1552-1. extensions thereof), or within 60 days irrespective of who actually pays the tax For 1967, $220 is allocated to SI and $660 after (insert date these regulations are liability. If SI pays the $220 tax liability is allocated to S2. No additional amounts are published in final form in the F ederal there will be no further effect upon the allocated pursuant to subparagraph (2) (ii) R egister) , whichever is later. The elec­ income, earnings, and profits, or the basis (b) of this paragraph. tion shall be made by attaching a state­ of stock of any member. If, however, P pays the $220 tax liability (and such payment is Par. 2. Section 1.1552 is amended by ment to the consolidated return for the not in fact a loan from P to SI), then P revising section 1552(a) (3) and by add­ first taxable year to which the group shall be treated as having made a contribu­ ing a historical note. These amended desires the election to apply, or if such tion to the capital of SI in the amount of election is made wjthin the time $220. On the other hand, if S2 pays the provisions and the historical note read prescribed above but after such return $220 tax liability (and such payment is not as follows: is filed, by filing a statement with the in fact a loan from S2), then S2 shall be treated as having made a distribution with § 1.1552 Statutory provisions; earnings district director with whom such return and profits. was filed. Such statement shall indicate respect to its stock to P in the amount of $220, and P shall be treated as having made Sec. 1552 Earnings and profits— (a) Gen­ which method is elected, and which a contribution to the capital of SI in the eral rule. * * * method under paragraph (a) (1), (2), or amount of $220. (See paragraph (b) (2) of (3) The tax liability of the group (exclud­ (3) of § 1.1552-1 is elected in conjunction § 1.1552-1.) ing the tax increases arising from the con­ with the election under this subpara­ (ii)T For the 1967 taxable year, P, SI, and solidation) shall be allocated on the basis of graph; in addition, if the method elected S2 had the following taxable incomes com­ the contribution of each member of the is the method provided in subparagraph puted as if separate returns were actually group to the consolidated taxable income of (2) (ii) of this paragraph, such state­ filed, but without regard to any carryover the group. Any tax increases arising from the ment shall state the percentage used pur­ from 1966: consolidation shall be distributed to the several members in direct proportion to the suant to subparagraph (2) (ii) (b) of this P ______0 reduction in tax liability resulting to such paragraph. In the event a group desires 5 1 ------$1,000 members from the filing of the consolidated to allocate its tax liability in accordance 5 2 ------3, 000 return as measured by the difference between with a method pursuant to subpara­ Assuming that each member’s portion of the their tax liabilities determined on a separate graph (2) (iii) of this paragraph, ap­ consolidated taxable income attributable to return basis and their tax liabilities based on proval of such method by the Commis­ it is the same as its taxable income com­ their contributions to the consolidated tax­ sioner must be obtained within the time puted as if separate returns were actually able income. prescribed above. The request shall state filed, the tax liability of the group for 1967 ***** is $880; $440 is allocated to SI and $440 is fully the method which the group wishes [Sec. 1552 as amended by sec. 234(b) (8 ), Rev. to use. An election once made under this allocated to S2, determined as follows: If S2 had filed separate returns for 1966 and 1967 Act 1964 ( 78 Stat. 116) ] subparagraph shall be irrevocable and it would have had no tax liability for 1966 shall be binding upon the group with and a tax liability for 1967 of $440 (taking Par. 3. Section 1.1552-1 is amended to respect to the year for which made and into account a $1,000 net operating loss read as follows:

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 PROPOSED RULE MAKING 2999

§ 1.1552—1 Earnings and profits. fraction, the numerator of which is the member of the group to the consolidated (a) General rule. For the purpose ofseparate return tax liability of such taxable income of the group. Any tax in­ determining the earnings and profits of member, and the denominator of which creases arising from the consolidation each member of an affiliated group which is the sum of the separate return tax shall be distributed to the several mem­ is required to be included in a consoli­ liabilities of all the members. For pur­ bers in direct proportion to the reduc­ dated return for such group filed for a poses of this subdivision the separate tion in tax liability resulting to such taxable year beginning after Decem­ return tax liability of a member is its members from the filing of the consoli­ ber 31, 1953, and ending after August 16, tax liability computed as if it has filed dated return as measured by the differ­ 1954, the tax liability of the group shall a separate return for the year except ence between their tax liabilities deter­ be allocated among the members of the that mined on a separate return basis and group in accordance with one of the fol­ (a) Gains and losses on intercompany their tax liabilities (determined without lowing methods, pursuant to an election transactions shall be taken into account regard to the 2-percent increase pro­ under paragraph (c) of this section: as provided in § 1.1502-13 as if a con­ vided by section 1503(a) and paragraph (1) . (i) The tax liability of the groupsolidated return had been filed for the (a) of § 1.1502-30A for taxable years be­ shall be apportioned among the members year; ginning before Jan. 1, 1964) based on of the group in accordance with the ratio (b) Gains and losses relating to inven­ their contributions to the consolidated which that portion of the consolidated tory adjustments shall be taken into ac­ taxable income. taxable income attributable to each count as provided in § 1.1502-18 as if a (ii) For consolidated return years be­ member of the group having taxable in­ consolidated return had been filed for ginning after December 31,1965, a mem­ come bears to the consolidated taxable the year; ber’s portion of the tax liability of the income. (c) Transactions with respect to stock, group under the method of allocation (ii) For consolidated return years bonds, or other obligations of members provided by subdivision (i) of this sub- beginning after December 31, 1965, a shall be reflected as provided in § 1.1502- paragraph shall be determined by— member’s portion of the tax liability of 14 as if a consolidated return had been (a) Allocating the tax liability of the the group under the method of allocation filed for the year; group in accordance with subparagraph provided by subdivision (i) of this sub- (d) Excess losses shall be included in (1) (ii) of this paragraph, but paragraph is an amount equal to the tax income as provided in § 1.1502-19 as if a (b) The amount of tax liability allo­ liability of the group multiplied by a consolidated return had been filed for cated to any member shall not exceed the fraction, the numerator of which is the the year; separate return tax liability of such taxable income of such member, and the (e) In the computation of the deduc­ member, determined in accordance with denominator of which is the sum of the tion under section 167, property shall not subparagraph (2) (ii) of this paragraph, taxable incomes of all the members. For lose its character as new property as a and purposes of this subdivision the taxable result of a transfer from one member to (c) The sum of the amounts which income of a member shall be the separate another member during the year; would be allocated to the members but taxable income determined under (/) A dividend distributed by one for (b) of this subdivision (ii) shall be § 1.1502-12, adjusted for the following member to another member during the apportioned among the other members items taken into account in the computa­ year shall not be taken into account in in direct proportion to, but limited to, tion of consolidated taxable income: computing the deductions under section the reduction in tax liability resulting to (a) The portion of the consolidated 243(a)(1), 244(a), 245, or 247 (relating such other members. Such reduction for net operating loss deduction, the consoli­ to deductions with respect to dividends any member shall be the excess, if any, dated charitable contributions deduction, received and dividends paid); of (1) its separate return tax liability the consolidated dividends received de­ (p) Basis shall be determined under determined in accordance with subpara­ duction, the consolidated section 247 de­ §§ 1.1502-31 and 1.1502-32, and earnings graph (2) (ii) of this paragraph, over (2) duction, and the consolidated section 922 and profits shall be determined under the amount allocated to such member deduction, attributable to such member; § 1.1502-33, as if a consolidated return under (a) of this subdivision (ii). had been filed for the year; (b) Such member’s net capital gain If any amount remains after being ap­ (determined without regard to any net (h) Subparagraph (2) of § 1.1502-3 (f) shall apply as if a consolidated return portioned among members with a reduc­ capital loss carryover attributable to tion in tax liability to the extent of such such member); had been filed for the year; and (i) For purposes of subtitle A of the reduction, as provided in Cc) of this sub­ (c) Such member’s net capital loss division (ii), such remaining amount and section 1231 net loss, reduced by the Code, the surtax exemption of the mem­ ber shall be an amount equal to $25,000 shall, notwithstanding (b) of this sub­ portion of the consolidated net capital division (ii), be allocated to the mem­ loss attributable to such member; and divided by the number of members. (However, if for the taxable year some or bers in accordance with the fractions (d) The portion of any consolidated determined under subparagraph (1) (ii) net capital loss carryover attributable to all of the members are component mem­ bers of a controlled group of corporations of this paragraph. such member which is absorbed in the (4) The tax liability of the group shall taxable year. (within the meaning of section 1563) and if there are other such component mem­ be allocated in accordance with any If the computation of the taxable in­ bers who do not join in filing the con­ other method selected by the group with come of a member under this subdivision solidated return for such year, the the approval of the Commissioner. No results in an excess of deductions over amount to be divided among the members method of allocation may be approved gross income, then for purposes of this filing the consolidated return shall be under this subparagraph which may re­ subdivision such member’s taxable in­ (in lieu of $25,000) the sum of the sult in the allocation of a positive tax come shall be zero. amounts apportioned to the component liability for a taxable year, among the (2) (i) The tax liability of the group members which join in filing the con­ members who are allocated a positive shall be allocated to the several members solidated return (as determined under tax liability for such year, in a total of the group on the basis of the percent­ § 1.1561-2(a) (2) or § 1.1561-3, whichever amount which is more or less than the age of the total tax which the tax of is applicable) •) tax liability of the group for such such member if computed on a separate year. (However, see paragraph (d) of return would bear to the total amount of If the computation of the separate re­ § 1.1502-33.) the taxes for all members of the group turn tax liability of a member under this (b) Application of rules— (1) Tax lia­ so computed. subdivision does not result in a positive bility of the group. For purposes of sec­ (ii) For consolidated return years be­ tax liability, then for purposes of this tion 1552 and this section, the tax ginning after December 31,1965, a mem­ subdivision such member’s separate re­ liability of the group for a taxable year ber’s portion of the tax liability of the turn tax liability shall be zero. shall consist of the Federal income tax group under the method of allocation (3) (i) The tax liability of the groupliability of the group for such year deter­ Provided by subdivision (i) of this sub- (excluding the tax increases arising from mined in accordance with § 1.1502-2 or paragraph is an amount equal to the the consolidation) shall be allocated on § 1.1502-30A, whichever is applicable. ax liability of the group multiplied by a the basis of the contribution of each Thus, in the case of a carryback of a loss

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3000 PROPOSED RULE MAKING or credit to such year, although the earn­ (3) of this section for its first consoli­ P to SI), then P shall be treated as having made a contribution to the capital of SI in ings and profits of the members of the dated return year beginning after the amount of $220. On the other hand, if S2 group may not be adjusted until the sub­ December 31, 1965, or in conjunction pays the $220 tax liability (and such pay­ sequent taxable year from which the loss with an election under paragraph (d) ment is not in fact a loan from S2), then or credit was carried back, the effect of of § 1.1502-33, irrespective of its previous S2 shall be treated as having made a dis­ the carryback, for purposes of this sec­ method of allocation under this section. tribution with respect to its stock to P tion, shall be determined by allocating If such new election is not made in con­ in the amount of $220, and P shall be treated the amount of the adjustment as a part junction with an election under para­ as having made a contribution to the capi­ of the tax liability of the group for the graph (d) of § 1.1502-33 it shall be effec­ tal of SI in the amount of $220. taxable year to which the loss or credit tive for the first consolidated return year [F.R. Doc. 68-1898; Filed, Feb. 14, 1968; is carried. For example, if a consolidated beginning after December 31, 1965, and 8:48 a.m.] net operating loss is carried back from all succeeding years. (See paragraph 1969 to 1967, the allocation of the tax (d) (3) of § 1.1502-33 for the method of liability of the group for 1967 shall be making such new election in conjunction DEPARTMENT OF LABOR recomputed in accordance with the with an election under paragraph (d) of method of allocation used for 1967, and § 1.1502-33.) Any other such new elec­ Office of Federal Contract the changes resulting from such re­ tion shall be made within the time pre­ Compliance computation shall, for accrual method scribed by law for filing the consolidated taxpayers, be reflected in the earnings return for the first taxable year begin­ [41 CFR Ch. 601 and profits of the appropriate members ning after December 31, 1965 (including OBLIGATIONS OF CONTRACTORS in 1969. extensions thereof), or within 60 days (2) Effect of allocation. The amountafter (insert date these regulations are AND SUBCONTRACTORS of tax liability allocated to a corporation published in final form in the Federal Notice of Proposed Rule Making as its share of. the tax liability of the R egister), whichever is later. Such new election (which is not in conjunction Chapter 60 of Title 41 of the Code of group, pursuant to this section, shall (i) Federal Regulations was originally issued result in a decrease in the earnings and with an election under paragraph (d) of § 1.1502-33) shall be made by attach­ by the President’s Committee on Equal profits of such corporation in such Employment Opportunity for the pur­ amount, and (ii) be treated as a liability ing a statement to the consolidated re­ of such corporation for such amount. If turn for the first taxable year beginning pose of implementing Executive Order the full amount of such liability is not after December 31, 1965, or if such elec­ 10925 (3 CFR, 1959-63 Comp., p. 448) paid by such corporation, pursuant to tion is made within the time prescribed which provided for the promotion and in­ an agreement among the members of the above but after such return is filed, by surance of equal employment opportu­ group or otherwise, the amount which is filing a statement with the district direc­ nity on Government contracts for all not paid will generally be treated as a tor with whom such return was filed. persons without regard to race, creed, distribution with respect to stock, a con­ (d) Failure to elect. If a group fails color, or national origin. Subsequently, tribution to capital, or a combination to make an election in its first consoli­ the Committee revised this part in order dated return, or any other election, in to implement, in addition, Executive thereof, as the case may be. Order 11114 (3 CFR, 1959-63 Comp., p. (c) Method of election. The electionaccordance with paragraph (c) of this section, the method prescribed under 774) which provided certain amendments under paragraph (a) (1), (2), or (3) of to Executive Order 10925 and extended this section shall be made not later than paragraph (a) (1) of this section shall be applicable and shall be binding upon its requirements to certain contracts for the time prescribed by law for filing the construction financed with assistance first consolidated return of the group the group in the same manner as if an election had been made to so allocate. from the Federal Government. Parts II for a taxable year beginning after and III of Executive Order 11246 (30 F.R. December 31, 1953, and ending after (e) Definitions. Except as otherwise 12319, Sept. 28,1965) vested in the Secre­ August 16, 1954 (including extensions provided in this section, the terms used tary of Labor the functions related to thereof). If the group elects to allocate in this section shall have the same mean­ Government contracts and federally as­ its tax liability in accordance with the ing as provided in the regulations under sisted construction contracts previously method prescribed in paragraph (a) (1), section 1502. exercised by the President’s Committee (2), or (3) of this section, a statement (f) Example. The provisions of this on Equal Employment Opportunity. Sec­ shall be attached to the return stating section may be illustrated by the follow­ tion 201 of Executive Order 11246 pro­ which method is elected. Such statement ing example: vides that the Secretary of Labor shall shall be made by the common parent Example. Corporation P is the common adopt rules, regulations, and orders as he corporation and shall be binding upon all parent owning all of the stock of corpora­ deems necessary and appropriate to members of the group. In the event that tion SI and S2, members of an affiliated achieve the purposes of the order. Tem­ the group desires to allocate its tax lia­ group. A consolidated return is filed for the porary regulations were adopted effective bility in accordance with any other taxable year ending December 31, 1966, by October 24, 1965 (30 F.R. 13441), con­ method pursuant to paragraph (a) (4) P, SI, and S2. For 1966 such corporations tinuing in effect the previous regulations of this section, approval of such method had the following taxable incomes or losses computed in accordance with paragraph (a) of the President’s Committee on Equal by the Commissioner must be obtained Employment Opportunity, and orders within the time prescribed above. If such (1) (ii) of this section: P ______0 were issued effective June 1, 1966 (31 approval is not obtained in such time, F.R. 6881), and May 9, 1967 (32 F.R. the group shall allocate in accordance 51 ______;______$2,000 52 ______(l.ooo) 7439). Permanent regulations which in­ with the method prescribed in paragraph clude the substance of these orders and (a) (1) of this section. The request shall The group has not made an election under paragraph (c) of this section or paragraph accomplish other amendments and re­ state fully the method which the group visions are proposed herein. wishes to apply in apportioning the tax (d) of § 1.1502-33. Accordingly, the method liability. An election once made shall be of allocation provided by paragraph (a) ( 1) Persons interested in the proposals of this section is in effect for the group. As­ are hereby invited to submit written irrevocable and shall be binding upon suming that the consolidated taxable income the group with respect to the year for data, views, or argument concerning is equal to the sum of the members taxable them. Such statements should be filed which made and for all future years for income and losses, or $1,000, the tax liability which a consolidated return is filed or of the group fpr the year (assuming a 22- by mail not later than March 15, 1968, required to be filed unless the Commis­ percent rate) is $220, all of which is allocated with the Director of the Office of Federal sioner authorizes a change to another to SI. SI accordingly reduces its earnings and Contract Compliance, U.S. Department method prior to the time prescribed by profits in the amount of $220, irrespective of Labor, 14th and Constitution Avenue law for filing the return for the year in of who actually pays the tax liability. If SI NW„ Washington, D.C. 20210. pays the $220 tax liability there will be no It is proposed to revoke Orders No. which such change is to be effective. further effect upon the income, earnings and However, each group may make a new profits, or the basis of stock of any member. (C -l) and (C-2) of the President’s Com­ election to use any one of the methods If, however, P pays the $220 tax liability mittee on Equal Employment Opportu­ prescribed in paragraph (a) (1), (2), or (and such payment is not in fact a loan from nity, dated June 12, 1961, and the orders

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 PROPOSED RULE MAKING 3001 published at 31 F.R. 6881 and 32 F.R. tion contracts which are related to any chase orders for the performance of 7439 and revise the provisions of 41 CFR such programs. The procedures set forth work under contracts; Chapter 60. The terms of the proposed in the regulations in this part govern all (3) In the case of a prime contractor revision of 41 CFR Chapter 60 are as disputes relative to a contractor’s com­ or subcontractor involved in construc­ follows: pliance with his obligations under the tion work, the Compliance Agency for equal opportunity clause regardless of each construction site will be the con­ PART 60-1 — OBLIGATIONS OF CON­ whether or not his contract contains a tracting or administering agency in­ TRACTORS AND SUBCONTRACTORS “Disputes” clause; The regulations in volved in the construction project; or Subpart A— Preliminary Matters; Equal Oppor­ this part do not apply to any action taken (4) In the case of a contractor who is tunity Clause; Compliance Reports to effect compliance with respect to em­ both a prime contractor and sub­ Sec. ployment practices subject to Title VI contractor, the Compliance Agency will 60-1.1 Purpose and application. of the Civil Rights Act of 1964. The rights be determined as if such contractor is a 60-1.2 Administrative responsibility. and remedies of the Government here­ prime contractor only. 60-1.3 Definitions. under are not exclusive and do not affect (e) The term “construction work” 60-1.4 Equal opportunity clause. 60-1.5 Exemptions. rights and remedies provided elsewhere means the construction, rehabilitation, 60-1.6 Duties of agencies. by law, regulation, or contract; neither alteration, conversion, extension, demoli­ 60-1.7 Reports and other required infor­ do the regulations limit the exercise by tion, or repair of buildings, highways, or mation. the Secretary or Government agencies other changes or improvements to real 60-1.8 Segregated facilities. of powers not herein specifically set property, including facilities providing 60-1.9 Compliance by labor unions and by forth, but granted to them by the order. utility services. The term also includes recruiting and training agencies. the supervision, inspection, and other § 60—1.2 Administrative responsibility. Subpart B— General Enforcement; Compliance functions incidental to the actual con­ Review and Complaint Procedure Under the general direction of the struction. 60-1.20 Compliance reviews. Secretary, the Director has been dele­ (f) The term “contract” means any 60-1.21 Who may file complaints. gated authority and assigned responsi­ Government contract or any federally 60-1.22 Where to file. bility for carrying out the responsibilities assisted construction contract. 60-1.23 Contents of complaint. assigned to the Secretary under the or­ (g) The term “contracting agency” 60-1.24 Processing of matters by agencies. der, except the power to issue rules and means any department, agency, estab­ 60-1.25 Assumption of jurisdiction by or regulations of a general nature. All cor­ lishment, or instrumentality in the Ex­ referrals to the Director. respondence regarding the order should ecutive Branch of the Government, in­ 60-1.26 Hearings. be directed to the Director, Office of Fed­ cluding any wholly owned Government 60-1.27 Sanctions and penalties. 60-1.28 Show cause notices. eral Contract Compliance, U.S. Depart­ corporation, which enters into contracts. 60-1.29 Preaward notices. ment of Labor, 14th and Constitution (h) The term “contractor” means, 60-1.30 Contract ineligibility list. Avenue NW., Washington, D.C. 20210. unless otherwise indicated, a prime con­ tractor or subcontractor. 60-1.31 Reinstatement of ineligible prime § 60—1.3 Definitions.' contractors and subcontractors. (i) The term “Director” means the 60-1.32 Intimidation and interference. (a) The term “administering agency” Director, Office of Federal Contract means any department, agency and es­ Subpart C— Ancillary Matters Compliance, U.S.. Department of Labor tablishment in the Executive Branch of or any person to whom he delegates 60-1.40 Affirmative action compliance pro­ the Government, including any wholly grams. authority under these regulations. 60-1.41 Solicitations or advertisements for owned Government corporation, which (j) The term “equal opportunity employees. administers a program involving fed­ clause” means the contract provisions 60-1.42 Notices to be posted. erally assisted construction contracts. set forth in section 202 of the order or 60-1.43 Access to records of employment. (b) The term “agency” means any § 60-1.4, as appropriate. 60-1.44 Rulings and interpretations. contracting or any administering agency (k) The term “federally assisted con­ 60-1.45 Existing contracts and subcontracts. of the Government. struction contract” means any agree­ 60-1.46 Delegation of authority by the (c) The term “applicant” means an ment or modification thereof between Director. 60-1.47 Effective date. applicant for Federal assistance involv­ any applicant and a person for construc­ ing a construction contract, or other par­ tion work which is paid for in whole or Authority : The provisions of this Part ticipant in a program involving a con­ in part with funds obtained from the 60-1 issued pursuant to sec. 201, E.O. 11246 struction contract as determined by regu­ (30 P.R. 12319). Government or borrowed on the credit lation of an administering agency. The of the Government pursuant to any Subpart A— Preliminary Matters; terms also includes such persons after Federal program involving a grant, con­ Equal Opportunity Clause; Com­ they become recipients of such Federal tract, loan, insurance, or guarantee, or assistance. undertaken pursuant to any Federal pro­ pliance Reports (d) The term “Compliance Agency” gram involving such grant, contract, § 60—1.1 Purpose and application. means the agency designated by the Di­ loan, insurance, or guarantee, or any The purpose of the regulations in this rector on a geographical industry or application or modification thereof ap­ part is to achieve the aims of Parts II, other basis to conduct compliance reviews proved by the Government for a grant, III, and IV of Executive Order 11246 for and to undertake such other responsi­ contract, loan, insurance, or guarantee the promotion and insuring of equal op­ bilities in connection with the adminis­ under which the applicant itself par­ portunity for all persons, without regard tration of the order as the Director may ticipates in the construction work. to race, creed, color, or national origin, determine to be appropriate. In the (l) The term “Government” means employed or seeking employment with absence of such a designation, the Com­ the Government of the United States of Government contractors or with contrac­ pliance Agency will be determined as America. tors performing under federally assisted follows: (m) The term “Government contract” construction contracts. The regulations (1) In the case of a prime contractor means any agreement or modification in this part apply to all contracting not involved in construction work, the thereof between any contracting agency agencies of the Government and to con­ Compliance Agency will be the agency and any person for the furnishing of whose contracts with the prime contrac­ supplies or services or the transfer of any tractors and subcontractors who perform real or personal property, or any interest under Government contracts, to the ex­ tor or whose assistance to the prime tent set forth in this part. The regulations contractor have the largest aggregate in property, or for the use of Govern­ dollar value; ment property. The term “services” , as in this part also apply to all agencies of used in this definition includes, but is not the Government administering programs (2) In the case of a subcontractor not involved in construction work, the Com­ limited to the following services : Utility, involving Federal financial assistance construction, transportation, research, which may include a construction con­ pliance Agency will be the Compliance Agency of the prime contractor with insurance, and fund depositary. The term tract, and to all contractors and sub­ which the subcontractor has the largest “Government contract” does not include contractors performing under construc­ aggregate value of subcontracts or pur­ (1) agreements in which the parties

FEDERAL REGISTER. VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3002 PROPOSED RULE MAKING

stand in the relationship of employer and Panama Canal Zone, and the possessions be binding upon each subcontractor or ven­ employee and (2) federally assisted con­ of the United States. dor. The contractor will take such action structor contracts. with respect to any subcontract or purchase § 60—1.4 Equal opportunity clause. order as the contracting agency may direct (n) The term “hearing officer” means as a means of enforcing such provisions in­ the individual or board of individuals (а) Government contracts. Except as cluding sanctions for noncompliance: Pro­ designated to conduct hearing. otherwise provided, each contracting vided, however, That in the event the con­ (o) The term “modification” means agency shall include the following equal tractor becomes involved in, or is threatened any alteration in the terms and condi­ opportunity clause contained in section with, litigation with a subcontractor or ven­ tions of a contract, including supple­ 202 of the order in each of its Govern­ dor as a result of such direction by the con­ mental agreements, amendments, and ment contracts (and modifications there­ tracting agency, the contractor may request of if not included in the original con­ the United States to enter into such litiga­ extensions. tion to protect the interests of the United (p) The term “Order” means Parts II, tract) : States. III, and IV of the Executive Order 11246 During the performance of this contract, dated September 24, 1965 (30 P.R. the contractor agrees as follows : (b) Federally assisted construction 12319) , any Executive order amending (1) The contractor will hot discriminate contracts. Except as otherwise provided, such order, and any other Executive against any employee or applicant for em­ each administering agency shall require order superseding such order. ♦ ployment because of race, creed, color, or the inclusion of the following language (q) The term “person” means any national origin. The contractor will take af­ as a condition of any grant, contract, natural person, corporation, partnership, firmative action to ensure that applicants loan, insurance, or guarantee involving are employed, and that employees are treated federally assisted construction which is unincorporated association, State or lo­ during employment, without regard to their cal government, and any agency, instru­ race, creed, color, or national origin. Such not exempt from the requirements of the mentality, or subdivision of such a action shall include, but not be limited to equal opportunity clause; government. the following: Employment, upgrading, de­ The applicant hereby agrees that it will (r) The term “prime contractor” motion, or transfer, recruitment or recruit­ incorporate or cause to be incorporated into means any person holding a contract. ment advertising; layoff or termination; rates any contract for construction work, or modi­ of pay or other forms of compensation; and fication thereof, as defined in the regula­ (s) The term “ recruiting and training selection for training, including apprentice­ tions of the Secretary of Labor at 41 CFR agency” means any person who refers ship. The contractor agrees to post in con­ Chapter 60, which is paid for in whole or in workers to any contractor or subcon­ spicuous places, available to employees and part with funds obtained from the Federal tractor, or who provides or supervises ap­ applicants for employment, notices to be pro­ Government or borrowed on the credit of the prenticeship or training for employment vided by the contracting officer setting forth Federal Government pursuant to a grant, by any contractor or subcontractor. the provisions of this nondiscrimination contract, loan, insurance, or guarantee, or (t) The term “rules, regulations, and clause. undertaken pursuant to any Federal program (2) The contractor will, in all solicitations involving such grant, contract, loan, insur­ relevant orders of the Secretary of Labor” or advertisements for employees placed by or ance, or guarantee, the following equal op­ used in paragraph (4) of the equal op­ on behalf of the contractor', state that all portunity clause: portunity clause means rules, regula­ qualified applicants will receive consideration During the performance of this contract, tions, and relevant orders of the Secre­ for employment without regard to race, creed, thereon tractor agrees as follows: tary of Labor or his designee issued pur­ color, or national origin. (1) The contractor will not discriminate suant to the order. (3) The contractor will send to each labor against any employee or applicant for em­ (u) The term “Secretary” means the union or representative of workers with which ployment because of race, creed, color, or he has a collective bargaining agreement or national origin. The contractor will take Secretary of Labor, U.S. Department of other contract or understanding, a notice to affirmative action to ensure that applicants Labor. be provided by the agency contracting officer, are employed, and that employees are treated (v) The term “site of construction” advising the labor union or workers’ rep­ during employment without regard to their means the general physical location of resentative of the contractor’s commitments race, creed, color, or national origin. Such any building, highway, or other change under section 202 of Executive Order 11246 action shall include, but not be limited to or improvement to real property which is of September 24, 1965, and shall post copies the following: Employment, upgrading, de­ undergoing construction, rehabilitation, of the notice in conspicuous places available motion, or transfer; recruitment pr recruit­ alteration, conversion, extension, demoli­ to employees and applicants for employment. ment advertising; layoff or termination; (4) The contractor will comply with all rates of pay or other forms of compensa­ tion, or repair and any temporary loca­ provisions of Executive Order 11246 of Sep­ tion; and selection for training, including tion or facility at which a contractor, tember 24, 1965, and of the rules, regulations, apprenticeship. The contractor agrees to post subcontractor, or other participating and relevant orders of the Secretary of Labor. in conspicuous places, available to employees party meets a demand or performs a (5) The contractor will furnish all infor­ and applicants for employment, notices to function relating to the contract or mation and reports required by Executive be provided setting forth the provisions of subcontract. Order 11246 of September 24, 1965, and by this nondiscrimination clause. the rules, regulations, and orders of the Sec­ (2) The contractor will, in all solicitations (w) The term “subcontract” means or advertisements for employees placed by any agreement or arrangement between retary of Labor, or pursuant thereto, and will permit access to his books, records, and or on behalf of the contractor, state that a contractor and any person (in which accounts by the contracting agency and the all qualified applicants will receive con­ the parties do not stand in the relation­ Secretary of Labor for purposes of investiga­ sideration for employment without regard to ship of an employer and an employee): tion to ascertain compliance with such rules, race, creed, color, or national origin. (1) For the furnishing of supplies or regulations, and orders. (3) The contractor will send to each services, including construction, which, (б ) In the event of the contractor’s non- labor union or representative of workers compliance with the nondiscrimination with which he has a collective bargaining in whole or in part, are necessary to the agreement or other contract or under­ performance of any one or more con­ clauses of this contract or with any of such rules, regulations, or orders, this contract standing, a notice to be provided advising tracts; or may be canceled, terminated or suspended in the said labor union or workers’ represen­ (2) Under which any portion of the whole or in part and the contractor may be tatives of the contractor’s commitments contractor’s obligation under any one or declared ineligible for further Government under this section, and shall post copies of more contracts is performed, undertaken, contracts in accordance with procedures au­ the notice in conspicuous places available or assumed. thorized in Executive Order 11246 of Sep­ to employees and applicants for employment. tember 24, 1965, and such other sanctions (4) The contractor will comply with all (x) The term “subcontractor” means may be imposed and remedies invoked as provisions of Executive Order 11246 of any person holding a subcontract. The provided in Executive Order 11246 of Septem­ September 24, 1965, and of the rules, regu­ term “First-tier subcontractor” refers to ber 24, 1965, or by rule, regulation, or order lations, and relevant orders of the Secretary a subcontractor holding a subcontract of the Secretary of Labor, or as otherwise of Labor. with a prime contractor. “Second-tier provided by law. (5) The contractor will furnish all in­ subcontractor” refers to a subcontractor (7) The contractor will include the provi­formation and reports required by Eexcu- holding a subcontract with a first-tier sions of paragraphs (1) through (7) in every tive Order 11246 of September 24, 1965, and subcontractor. subcontract or purchase order unless ex­ by rules, regulations, and orders of the empted by rules, regulations, or orders of Secretary of Labor, or pursuant thereto, and (y) The term “United States” as used the Secretary of Labor issued pursuant to will permit access to his books, records, and herein shall include the several States, section 204 of Executive Order 11246 of Sep­ accounts by the administering agency and the Commonwealth of Puerto Rico, the tember 24, 1965, so that such provisions will the Secretary of Labor for purposes of in-

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 PROPOSED RULE MAKING 3003 vestigation to ascertain compliance with, cept that each prime contractor whose may withdraw the exemption for a such rules, regulations, and orders. contract does not exceed $10,000 shall not specific contract or subcontract or group (6) In the event of the contractor’s non- be required to include the equal oppor­ of contracts or subcontracts when in his compliance with the nondiscrimination tunity clause in its subcontracts. judgment such action is necessary or clauses of this contract or with any of the said rules, regulations, or orders, this con­ (d) Incorporation by reference. The appropriate to achieve the purposes of tract may be canceled, terminated, or equal opportunity clause may be in­ the order. Such withdrawal shall not suspended in whole or in part and the corporated by reference in Government apply to contracts or subcontracts contractor may be declared ineligible for bills of lading, transportation requests, awarded prior to the withdrawal, except further Government contracts or federally contracts of contractors who are not re­ that in procurements entered into by assisted construction contracts in accord­ quired to file reports by § 60-1.7, sub­ formal advertising, or the various forms ance with procedures authorized in Executive contracts below the second tier and such of restricted formal advertising, such Order 11246 of September 24, 1965, and such other contracts as the Director may withdrawal shall not apply unless the other sanctions may be imposed and reme­ dies invoked as provided in Executive Order designate. withdrawal is made more than 10 calen­ 11246 of September 24, 1965, or by rule, regu­ (e) Adaptation of language. Such dar days before the date set for the lation, or order of the Secretary of Labor, necessary changes in language may be opening of the bids. or as otherwise provided by law. made in the equal opportunity clause as § 60—1.6 Duties of agencies. (7) The contractor will include the por­ shall be appropriate to identify properly tion of the sentence immediately preceding the parties and their undertakings. (a). General responsibility. Each paragraph (1) and the provisions of para­ agency shall be primarily responsible for graphs (1) through (7) in every subcon­ § 60—1.5 Exemptions. obtaining compliance with the equal op­ tract or purchase order unless exempted by (a) General— (1) WorA; outside the portunity clause, the order, the regula­ rules, regulations, or orders of the Secretary United States. Contracts and subcon­ tions in this part, and orders issued of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, tracts are exempt from the require­ pursuant thereto. Each agency shall so that such provisions will be binding upon ments of the equal opportunity clause cooperate with the Director and shall each subcontractor or vendor. The contractor with regard to work performed outside furnish him such information and assist­ will take such action with respect to any the United States by employees who were ance as he may require in the perform­ subcontract or purchase order as the ad­ not recruited within the United States. ance of his functions under the order. ministering agency may direct as a means (2) Contracts with State or local gov­Such information shall include compli­ of enforcing such provisions, including sanc­ ernments. Contracts or subcontracts with ance review reports, schedules of tions for noncompliance: Provided, however, compliance reviews and any other infor­ That in the event a contractor becomes in­ State or local governments (or any volved in, or is threatened with, litigation agency, instrumentality, or subdivision mation relevant to the administration with a subcontractor or vendor as a result of of such governments) are exempt from of the order. such direction by the administering agency,' the requirements of the equal oppor­ . (b) Agency program. The head of each the contractor may request the United tunity clause with regard to employment agency shall, subject to the prior States to enter into such litigation to pro­ in a separate or identifiable part of the approval of the Director, establish a tect the interests of the United States. government not participating in work program and promulgate procedures to •The applicant further agrees that it will carry out the agency’s responsibilities for be bound by the above equal opportunity on the contract or subcontract. clause with respect to its own employment (b) Specific contracts and facilities— obtaining compliance with the order and practices when it participates in federally (1) Specific contracts. The Director may regulations and orders issued pursuant assisted construction work. exempt an agency or any person from thereto. Each agency head shall also The applicant agrees that it will assist and requiring the inclusion of any or all of designate a Contract Compliance Officer, cooperate actively with the administering the equal opportunity clause in any who (unless otherwise approved by the agency and the Secretary of Labor in ob­ specific contract, or subcontract, when Director) shall be appointed by the head taining the compliance of contractors and of the agency from among the agency’s subcontractors with the equal opportunity he deems that special circumstances in clause and the rules, regulations, and rele­ the national interest so require. The executive personnel to whom the pro­ vant orders of the Secretary of Labor, that it Director may also exempt groups or cate­ visions of the Federal Executive Pay Act will furnish the administering agency and gories of contracts or subcontracts of the apply, and such officer shall be subject the Secretary of Labor such information as same type where he finds it impracticable to the immediate supervision of the head they may require for the supervision of such to act upon each request individually or of the agency. All compliance reviews re­ compliance, and that it will otherwise assist where group exemptions will contribute quired pursuant to the regulations in this the administering agency in the discharge of part and such other compliance reviews the agency’s primary responsibility for secur­ to convenience in the administration of ing compliance. the order. as the Contract Compliance Officer de­ The applicant further agrees that it will (2) Facilities not connected with con­termines to be appropriate shall be refrain from entering into any contract or tracts. The Director may exempt from conducted by him or his designee. The contract modification subject to Executive the requirements of the equal oppor­ head of the agency or the Contract Order 11246 of September 24, 1965, with a tunity clause any of a prime contractor’s Compliance Officer may also designate a contractor debarred from, or who has not or subcontractor’s facilities which he Deputy Contract Compliance Officer to demonstrated eligibility for, Government assist the Contract Compliance Officer in contracts and federally assisted construction finds to be in all respects separate and distinct from activities of the prime con­ the performance of his duties. The names contracts pursuant to the Executive order of the Contract Compliance Officers and and will carry out such sanctions and penal­ tractor or subcontractor related to the ties for violation of the equal opportunity performance of the contract or subconr the Deputy Contract Compliance Officers, clause as may be imposed upon contractors tract, provided that he also finds that their addresses and telephone numbers, and subcontractors by the administering such an exemption will not interfere with and any changes made in their designa­ agency or the Secretary of Labor pursuant to or impede the effectuation of the order. tion shall be furnished to the Director. Part II, Subpart D of the Executive order. (c) Agency regulations. The head of In addition, the applicant agrees that if it (c) National security. Any require­ fails or refuses to comply with these under­ ment set forth in the regulations in this each agency shall prescribe regulations takings, the administering agency may part shall not apply to any contract or for the administration of the order and cancel, terminate, or suspend in whole or in subcontract whenever the head of an the regulations in this part. Agency reg­ part this grant (contract, loan, insurance, agency determines that such contract or ulations, directives and orders for such guarantee) ; may refrain from extending any purpose must be submitted to the Direc­ further assistance under any of its programs subcontract is essential to the national security and that its award without com­ tor prior to issuance and may be enforced subject to the Executive order until satis­ upon approval of the Director or 60 days factory assurance of future compliance has plying with such requirement is neces­ been received from such applicant; or may sary to the national security. Upon after submission to the extent they are refer the case to the Department of Justice making such a determination, the head not inconsistent with the order and the for appropriate legal proceedings. of the agency will notify the Director in regulations in this part. (c) Subcontracts. Each nonexerhpt writing within 30 days. (d) Award of contracts. Unless the prime contractor or subcontractor shall (d) Withdrawal of exemption. When agency regulations issued in accordance include the equal opportunity clause in any contract or subcontract is of a class with paragraph (c) of this section pro­ each of its nonexempt subcontracts ex­ exempted under this section, the Director vide for alternative procedures, each

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3004 PROPOSED RULE MAKING agency shall follow the procedures de­ eral Contract Compliance, the Equal no contract or subcontract shall be scribed below before the award of any Employment. Opportunity Commission awarded unless such contractor submits nonexempt contract. and Plans for Progress or such form as a report covering the delinquent period (1) All Contracting Officers and offi­ may hereafter be promulgated in its or such other period specified by the cers approving applications for Federal place if such prime contractor or sub­ agency or the Director. financial or other assistance shall notify contractor (i) is not exempt from the (2) Additional information. A bidder the Contract Compliance Office or appro­ provisions of the regulations in this part or prospective prime contractor or pro­ priate Deputy as soon as practicable of in accordance with § 60-1.5; (ii) is not posed subcontractor shall be required to the impending award of each nonexempt a State or local government (or any submit such information as the agency contract, the name and address of the agency, instrumentality or subdivision or the Director requests prior to the prime contractor, anticipated time of of such a government); (iii) has 50, or award of the contract or subcontract. performance, name and address of each more employees; (iv) is a prime con­ When a determination has been made known subcontractor, the approximate tractor or first tier subcontractor; and to award the contract or subcontract to number of employees presently employed (v) has a contract, subcontract or pur­ a specific contractor, such contractor and expected to be employed by the chase order amounting to $50,000 or shall be required, prior to award, or after prime contractor and subcontractor, more or serves as a depositary of Govern­ the award, or both, to furnish such other whether the prime contractor and known ment funds in any amount; Provided, information as the agency, the applicant, subcontractors have previously held any That any subcontractor below the first or the Director requests. Government contracts or federally as­ tier which performs construction work at (c) Use of reports. Reports filed pur­ sisted construction contracts subject to the site of construction shall be required suant to this section shall be used only in Executive Order 10925, 11114 or 11246, to file such a report if it meets the re­ connection with the administration of and whether the prime contractor has quirements specified in subdivisions (i), the order, the Civil Rights Act of 1964, previously filed compliance reports re­ (ii), (iii), and (v) of this subparagraph. or in furtherance of the purposes of the quired by Executive Order 10925, 11114 (2) Each person required by subpara­ order and said Act. or 11246, or by regulations of the Equal graph (1) of this paragraph to submit Employment Opportunity Commission reports shall file such a report within 30 § 60—1.8 Segregated facilities. issued pursuant to Title VII of the Civil days after the award to him of a contract (a) General. In order to comply with Rights Act of 1964. or subcontract, unless such person has his obligations under the equal oppor­ (2) The Contract Compliance Officer submitted such a report within 12 tunity clause, a prime contractor or sub­ or appropriate Deputy shall review the months preceding the date of the award. contractor must ensure that facilities available information relative to the pro­ Subsequent reports shall be submitted provided for employees are provided in spective prime contractor’s equal oppor­ annually in accordance with subpara­ such a manner that segregation on the tunity compliance status and notify the graph (1) of this paragraph, or at such basis of race, creed, color, or national Contracting Officer or Approving Officer other intervals as the agency or the Di­ origin cannot result. He may neither of any deficiencies found to exist. A copy rector may require. The agency with the require such segregated use by written of such report shall be forwarded to the approval of the Director may extend the or oral policies nor tolerate such use by Director. time for filing any report. employee custom. His obligation extends (3) Contracting Officers or Approving (3) The Director, the agency or the further to ensuring that his employees Officers shall: applicant, on their own motions, may are not assigned to perform their services (i) Notify the bidder, offeror or appli­ require a prime contractor to keep em­ at any location, under his control, where cant of any deficiencies found to exist ployment or other records and to fur­ the facilities are segregated. This obli­ by the Contract Compliance Officer, and nish, in the form requested, within rea­ gation. extends to all contracts contain­ (ii) Direct any bidder, offeror or appli­ sonable limits, such information as the ing the equal opportunity clause regard­ cant so notified to negotiate with the Director, agency, or the applicant deems less of the amount of the contract. The Contract Compliance Officer and to take necessary for the administration of the term “facilities” as used in this section such actions as the Contract Compliance order. is not limited to waiting rooms, work Officer may require. (4) Failure to file timely, complete and areas, restaurants and other eating (4) The award of any such contract accurate reports as required constitutes areas, time clocks, restrooms, locker shall be conditioned upon the Contract noncompliance with the prime contrac­ rooms, parking lots, drinking fountains, Compliance Officer’s notification to the tor’s or subcontractor’s obligations under and recreation areas, but includes all Contracting Officer or Approving Officer the equal opportunity clause and is other facilities provided for employees. that the bidder, offeror or applicant has ground for the imposition by the agency, (b) Certification by prime contractors taken action or has agreed to take action the Director, an applicant, prime con­ and subcontractors. Prior to the award satisfactory to the Contract Compliance tractor or subcontractor, of any sanctions of any nonexempt Government contract Officer or the head of the agency as pro­ available under the order. Any such or subcontract or federally assisted con­ vided in § 60-1.20 (b). Any such agree­ failure shall be reported in writing to the struction contract or subcontract exceed­ ment to take action shall be stated in the Director by the agency as soon as prac­ ing $10,000, each agency shall require contract, if the Contract Compliance ticable after it occurs. the prospective prime contractor and Officer so requires. (b) Requirements for bidders or pro­ each prime contractor and subcontractor (e) Evaluations. The Director mayspective contractors— (1) Previous re­ shall require each subcontractor to sub­ from time to time evaluate the programs, ports. Each agency shall require each mit a certification, in the form approved procedures, and policies of agencies in bidder or prospective prime contractor by the Director, that the prospective order to assure their compliance with the and proposed subcontractor, where ap­ prime contractor or subcontractor does order and the regulations in this part propriate, to state in the bid or at the not and will not maintain any f acilities and the compliance of prime contractors outset of negotiations for the contract he provides for his employees in a seg­ and subcontractors with the equal oppor­ whether it has participated in any pre­ regated manner, or permit his employees tunity clause. vious contract or subcontract subject to to perform their services at any location, the equal opportunity clause; and, if so, under his control, where segregated facil­ § 60—1.7 Reports and other required whether it has filed with the Director, ities are maintained; and that he will information. agency, or the former President’s Com­ obtain a similar certification in the form (a) Requirements for prime contrac­ mittee on Equal Employment Oppor­ approved by the Director, prior to the tors and subcontractors. (1) Each tunity all reports due under the appli­ award of any nonexempt subcontract ex­ agency shall require each prime con­ cable filing requirements. In any case in ceeding $10,000. tractor and each prime contractor and which a bidder or prospective prime con­ subcontractor shall cause its subcontrac­ tractor or proposed subcontractor which § 60—1.9 Compliance by labor unions tors to file annually, on or before the 31st participated in a previous contract or and by recruiting and training agen­ day of March, complete and accurate re­ subcontract subject to the equal oppor­ cies. ports on Standard Form 100 (EEO-1) tunity clause has not filed a report due (a) The Director shall use his best promulgated jointly by the Office of Fed- under the applicable filing requirements, efforts, directly and through agencies,

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 PROPOSED RULE MAKING 3005 contractors, subcontractors, applicants, finding that the commitments made discriminatory, and any other pertinent State and local officials, public and pri­ failed to achieve their intended purpose. information which will assist in the in­ vate agencies, and all other available (c) The Compliance Agency shall have vestigation and resolution of the com­ instrumentalities, to cause any labor the primary responsibility for the con­ plaint. The complaint shall be signed union, recruiting and training agency or duct of compliance reviews. Agencies by the complainant or his authorized other representative of workers who are shall institute programs for the regular representative. or may be engaged in work under con­ conduct of compliance reviews in ac­ (b) Where a complaint contains in­ tracts and subcontracts to cooperate cordance with the Director’s guidelines, complete information, the agency or the with, and to comply in the implementa­ and shall also conduct compliance re­ Director shall seek promptly the needed tion of, the purposes of the order. views in accordance with any special re­ information from the complainant. In (b) In order to effectuate the purposes quests or instructions of the Director. the event such information is not fur­ of paragraph (a) of this section, the Compliance reviews may also be con­ nished to the agency or the Director Director may hold hearings, public or ducted by the Director. Compliance re­ within 60 days of the date of such private, with respect to the practices and views should be conducted by qualified request, the case may be closed. specialists regularly involved in equal policies of any such labor union or re­ § 60—1.24 Processing of matters by cruiting and training agency. opportunity programs. (d) Each agency must include in the agencies. (c) The Director may notify any Fed­ (a) Complaints. Where complaints are eral, State, or local agency of his con­ invitation for bids for each formally ad­ clusions and recommendations with re­ vertised supply contract which may re­ filed with the agency, the Contracts sult in a bid of $1 million or more, a Compliance Officer shall transmit a copy spect to any such labor organization or of the complaint to the Director within recruiting and training agency which in notice (in the form approved by the his judgment has failed to cooperate with Director) to prospective bidders that if 10 days after the receipt thereof. himself, agencies, prime contractors, their bid is in the amount of $1 million or (b) Investigations. The agency or subcontractors, or applicants in carrying more, the apparent low responsible Compliance Agency shall institute a out the purposes of the order. The Di­ bidder and his known first-tier subcon­ prompt investigation of each complaint rector also may notify the Equal Employ­ tractors with subcontract of $1 million filed with it or referred to it, and shall ment Opportunity Commission, the De­ or more will be subject to a compliance be responsible for developing a complete partment of Justice, or other appropriate review before the award of the contract. case record. A complete case record con­ Federal agencies whenever he has reason Before the award of any formally ad­ sists of the name and address of each to believe that the practices of any such vertised supply contract of $1 million person interviewed, and a summary of labor organization or agency violates or more, a pre-award compliance re­ his statement, copies or summaries of Title VII of the Civil Rights Act of 1964 view of the prospective contractor and pertinent documents, and a narrative or other provisions of Federal law. his known first-tier $1 million subcon­ summary of the evidence disclosed in the tractors must be conducted by the Com­ investigation as it relates to each viola­ Subpart B— General Enforcement: pliance Agency within 6 months prior tion revealed. When a complaint is filed Compliance Review and Complaint to the award of the contract. If an against a prime contractor or subcon­ Procedure agency other than the awarding agency tractor who has contracts involving more is the Compliance Agency, the awarding .than one agency, unless otherwise pro­ § 60-1.20 Compliance reviews. agency will notify the Compliance Agen­ vided, the Compliance Agency shall con­ (a) The purpose of a compliance re­ cy and request appropriate action and duct the investigation and make such view is to determine if the prime con­ finding in accordance with this para­ findings and determinations as shall be tractor or subcontractor maintains non- graph. Compliance Agencies will pro­ appropriate for the administration of the discriminatory hiring and employment vide awarding agencies with written order. practices and is taking affirmative action reports of compliance reviews within (c) Resolution of matters. (1) If the to ensure that applicants are employed 30 days following the requests. In or­ complaint investigation by the agency and that employees are placed, trained, der to qualify for the award of a con­ pursuant to paragraph (b) of this sec­ upgraded, promoted, and otherwise tract, a contractor and such first-tier tion shows no violation of the equal treated during employment without re­ subcontractors must be found on the opportunity clause, the agency shall so gard to race, creed, color, or national basis of such review to be able to comply inform the Director. The Director may origin. It shall consist of a comprehen­ with the equal opportunity clause or review the findings of the agency, and sive analysis and evaluation of each as­ carry out an acceptable program for he may request further investigation by pect of the aforementioned practices, compliance as provided in paragraph (b) the agency or may undertake such in­ policies, and conditions resulting there­ of this section. vestigation as he may deem appropriate. from. Where necessary, recommenda­ § 60—1.21 Who may file complaints. (2) If any complaint investigation or tions'for appropriate sanctions shall be compliance review indicates a violation made. Any person may, by himself or by an of the equal opportunity clause, the mat­ authorized representative, file in writing (b) Where déficiences are found to ex­ ter should be resolved by informal means ist, reasonable efforts shall be made to a complaint of alleged discrimination in whenever possible. Such informal means secure compliance through conciliation violation of the equal opportunity clause. may include the holding of a compliance and persuasion. Before the contractor Such complaint is to be filed not later conference by the agency. Each prime can be found to be in compliance with than 180 days from the date of the contractor and subcontractor shall be the order, it must make a specific com­ alleged discrimination, unless the time advised that the resolution is subject to mitment, in writing, to correct any such for filing is extended by the agency or the the approval of the Director. Director upon good cause shown. deficiencies. The commitment must in­ (3) Where any complaint investiga­ clude the precise action to be taken and § 6 0 -1 .2 2 Where to file. tion or compliance review indicates a dates for completion. The time period Complaints may be filed with the violation of the equal opportunity clause allotted should be no longer than the agency or with the Director. Those filed and the matter has not been resolved by minimum period necessary to effect such with the Director may be referred to the informal means, the agency may, with changes. Upon approval of the Contract agency for processing, or they may be the approval of the Director, afford the Compliance Officer or the agency head processed in accordance with § 60-1.25. prime contractor or subcontractor an of such commitment, the contractor may opportunity for a hearing. If the agency’s be considered in compliance, on condi­ § 60—1.23 Contents o f complaint. decision is that a violation of the equal tion that the commitments are faithfully (a) The complaint should include the opportunity clause has taken place, the kept. The contractor should be notified name, address, and telephone number of agency may make recommendations to that making such commitments does not the complainant, the name and address the Director, and may, in accordance Preclude future determinations of non- of the prime contractor or subcontractor with § 60—1.26, cause the cancellation, compliance based on additional evidence committing the alleged discrimination, a termination, or suspension of the con­ found in later compliance reviews or a description of the acts considered to be tract or subcontract pursuant to section

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 No. 32- 3006 PROPOSED RULE MAKING

209 of the order, or may with the ap­ appropriate to the achievement of the debarment from further contracts pur­ proval of the Director impose such other purposes of the order, he may assume suant to section 209 of the order shall sanctions as seem necessary and appro­ jurisdiction over the matter and proceed be made without affording the prime priate to carry out the purposes of the as provided herein. Whenever the Direc­ contractor or subcontractor an oppor­ order. Whenever debarment from con­ tor assumes jurisdiction over any mat­ tunity for a hearing. When cancellation, tracts under section 209(a)(6) of the ter, or an agency refers any matter, he termination, or debarment is proposed, order may be proposed by the agency, may conduct, or have conducted, such the following procedure shall be followed: it shall afford the prime contractor or investigations, hold such hearings, make (i) Notice of proposed cancellation or subcontractor an opportunity for a hear­ such findings, issue such recommenda­ termination. Whenever the Director, or ing in accordance with § 60-1.26. When tions and directives, order such sanc­ the head of an agency or his representa­ a prime contractor or subcontractor, tions and penalties, and take such other tive, upon prior notification to the Direc­ without a hearing shall have complied action as may be necessary or appro­ tor, proposes to cancel or terminate, or with the recommendations or orders of priate to achieve the purposes of the cause to be canceled or terminated, in an agency or the Director and believes order. The Director shall promptly notify whole or in part, a contract or to require such recommendations or orders to be the agency of any corrective action to be cancellation or termination of a subcon­ erroneous, he shall upon filing a request taken or any sanctions to be taken or tract, a notice of the proposed action, in therefor within 10 days of such com­ any sanction to be imposed by the writing and signed by the Director or pliance be afforded an opportunity for agency. The agency shall take such ac­ head of the agency, or his representative, a hearing and review of the alleged erro­ tion, and report the results thereof to as the case may be, shall be sent to the neous action by the agency or the Direc­ the Director within the time specified. last known address of the prime con­ tor as the case may be. § 60—1.26 Hearings. tractor or subcontractor, return receipt (4) For reasonable cause shown, the requested. The prime contractor or sub­ Director or an agency head may recon­ (a) Informal hearings— (1) Purpose. contractor shall be given at least 10 days sider or cause to be reconsidered any The Director or any agency head with from the mailing of the notice either to matter on his own motion or pursuant to the approval of the Director may convene comply with the provisions of the con­ a request. such informal hearings as may be tract or subcontract or to mail a request (d) Reports to the Director. (1) With­deemed appropriate for the purpose of for a hearing to the Director, or the in 30 days from receipt of a complaint inquiring into the status of compliance agency. During the 10-day notice period, by the agency, or within such additional by any prime contractor or subcontrac­ reasonable efforts shall continue to be time as may be allowed by the Director tor with the terms of the equal opportu­ made to secure compliance by confer­ for good cause shown, the agency or the nity clause. ence, mediation, and persuasion. When­ Compliance Agency shall process the (2) Notice. Contractors and subcon­ ever the prime contractor or subcon­ compliant and submit to the Director the tractors shall be advised in writing as to tractor requests a hearing in accordance case record and a summary report con­ the time and place of the informal hear­ with these provisions, the contract or taining the following information: ing and may be directed to bring specific subcontract may be suspended, in the (1) Name and address of the com­ documents and records, or furnish other discretion of the Director, during the plainant; relevant information concerning their pendency of the hearing. (ii) Brief summary of findings, in­ compliance status. When so requested, cluding à statement as to the agency’s (ii) Notice of proposed ineligibility. the prime contractor or subcontractor Whenever the Director, or the head of conclusions regarding the contractor’s shall attend and bring requested docu­ compliance or noncompliance with the an agency or his representative, upon ments and records, or other requested prior notification to the Director, pro­ requirements of the equal opportunity information. clause; poses to declare a prime contractor or (3) Conduct of hearings. The hearing subcontractor ineligible for further con­ (iii) A statement of the disposition of shall be conducted by hearing officers ap­ the case, including any corrective action tracts or subcontracts under section 209 pointed by the Director or an agency of the order, a notice of the proposed taken and any sanctions or penalties im­ head. Parties to informal hearings may posed or, whenever appropriate, the action, in writing and signed by the Di­ be represented by counsel and shall have rector or head of the agency or his rep­ recommended corrective action and a fair opportunity to present any rele­ sanctions or penalties. resentative, as the case may be, shall be vant material. Formal rules of evidence sent to the last known address of the (2) A written report of every preaward will not apply to such proceedings.. compliance review required by this part prime contractor or subcontractor, re­ or otherwise required by the Director, (b) Formal hearings— (1) General turn receipt requested. The prime con­ including findings, will be forwarded to procedure. The Director or the agency tractor or subcontractor shall be given the Director within 10 days after the head, with the approval of the Director, 10 days from the receipt of such notice award for a postaward review. may convene formal hearings pursuant in which to mail a request for a hearing (3) A written report of every other to this Subpart B. Reasonable notice of to the Director, or the agency. compliance review or any other matter such hearing shall be given by registered (iii) Hearing request. If at the end of processed by the agency involving an mail, return receipt requested, to the the 10-day period referred to in subdivi­ apparent violation of the equal oppor­ prime contractor or subcontractor com­ sion (i) of this subparagraph, no request tunity clause shall be submitted to the plained against. Such notice shall con­ has been received, the Director or the Director. Such report shall contain a tain the time and place of hearing, a head of the agency may cancel, suspend, brief summary of the findings, including statement of the provisions of the order or terminate or cause to be canceled, sus­ a statement of conclusions regarding the and regulations pursuant to which the pended, or terminated such contracts or contractor’s compliance or noncompli­ hearing is to be held, and a concise state­ subcontracts. If at the end of the 10-day ance with the requirements of the order, ment of the matters pursuant to . which period referred to in subdivision (ii) of and a statement of the disposition of the the action furnishing the basis of the this subparagraph no request has been case, including any corrective action hearing has been taken or is proposed received, the Director may enter an or­ taken or recommended and any sanc­ to be taken. Hearings shall be held before der declaring such contractor or subcon­ tions or penalties imposed or recom­ a hearing officer designated by the Direc­ tractor ineligible for further contracts, mended. tor or an agency head. Each party shall subcontracts, or extensions or other have the right to counsel, a fair oppor­ modifications of existing contracts, until § 60—1.25 Assumption of jurisdiction by tunity to present evidence and argument such contractor or subcontractor shall or referrals to the Director. and to cross-examine. The hearing officer have satisfied the Director that he has The Director may inquire into the sta­ shall make his proposed findings and established and will carry out personnel tus of any matter pending before an conclusions upon the basis of the record and employment policies and practices in agency or a Compliance Agency, includ­ before him. compliance with the provisions of the ing complaints and matters arising out (2) Cancellation, termination, and equal opportunity clause. of reports, reviews, and other investiga­ debarment. No order for cancellation or ' (iv) Decision following hearing. When tions. Where he considers it necessary or termination of existing contracts or for the hearing is conducted by an agency,

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 PROPOSED RULE MAKING 3007 the hearing officer shall make recom­ contractor or subcontractor shall be re­ affirmative action compliance program, mendations to the head of the agency quired to show that it has established including evaluation of utilization of who shall make a decision. No decision and will carry out employment policies minority group personnel, signed by an by the head of the agency, or his repre­ and practices in compliance with the executive official of the contractor, at sentatives, shall be final without the equal opportunity clause. each facility within 120 days from the commencement of the contract and shall prior approval of the Director. When the § 60—1.32 Intimidation and interference. hearing is conducted by a hearing offi­ update it and compile a report on the cer appointed by the Director, the hear­ The sanctions and penalties contained results of such program annually. Each ing officer shall make recommendations in Subpart D of the order may be exer­ contractor shall include in his affirma­ to the Director, who shall make the final cised by the agency or the* Director tive action compliance program a table decision. Parties shall be furnished with against any prime contractor, subcon­ of job classifications. This table should copies of the hearing officer’s recom­ tractor or applicant who fails to take all include but need not be limited to job mendations, and shall be given an op­ necessary steps to ensure that no person titles, principal duties (and auxiliary portunity to submit their views. intimidates, threatens, coerces, or dis­ duties, if any), rates of pay, and where criminates against any individual for the more than one rate of pay applies (be­ § 60—1.27 Sanctions and penalties. purpose of interfering with the filing of a cause of length of time in the job or Referral of any matter arising under complaint, furnishing information, or other factors) the applicable rates. This the order to the Department of Justice assisting or participating in any manner information shall be made available to or to the Equal Employment Opportunity in an investigation, compliance review, representatives of the agency or Director Commission shall be made by the Di­ hearing, or any other activity related to upon request and the contractor’s affirm­ rector. The sanctions described in sub­ the administration of the order or any ative action program and the result it sections (1), (5), and (6) of section 209 other Federal, State, or local laws re­ produces shall be evaluated as part of (a) of the order may be exercised only quiring equal employment opportunity. compliance review activities. by or with the approval of the Director. Subpart C— Ancillary Matters § 60—1.41 Solicitations or advertise­ Heads of agencies will immediately ments for employees. notify the Director of any contract can­ § 60—1.40 Affirmative action compliance cellation, termination, or suspension. programs. In solicitations or advertisements for employees placed by or on behalf of a § 60—1.28 Show cause notices. (a) Requirements of programs. Each prime contractor or subcontractor, the When the Director has reasonable agency shall require each prime contrac­ requirements of paragraph (2) of the cause to believe that a contractor has tor which is not an agency instrumen­ equal opportunity clause shall be satis­ violated the equal opportunity clause he tality or subdivision of a State or local fied whenever the prime contractor or may issue a notice requiring the con­ government to develop a written affirma­ subcontractor complies with any of the tractor to show cause, within 30 days, tive action compliance program for each following: why monitoring, enforcement proceed­ of its facilities. An affirmative action (a) States expressly in the solicita­ ings or other appropriate action to ensure program for each new facility shall be tions or advertising that all qualified ap­ compliance should not be instituted. available at the contractor’s principal plicants will receive consideration for place of business 6 months before the employment without regard to race, § 60—1.29 Preaward notices. opening of such facility. A necessary creed, color, or national origin; (a) Preaward compliance reviews. prerequisite to the development of a (b) Uses display or other advertising, Upon the request of the Director, agencies satisfactory affirmative action program and the advertising includes an appro­ shall not enter into contracts or approve is the identification and analysis of priate insignia prescribed by the Director. the entry into subcontracts with any bid­ problem areas inherent in minority em­ The use of the insignia is considered sub­ der, prospective prime contractor, or pro­ ployment and an evaluation of oppor­ ject to the provisions of 18 U.S.C. 701; posed subcontractor named by the tunities for a utilization of minority (c) Uses a single advertisement, and Director until a preaward compliance re­ group personnel. The contractor’s pro­ the advertisement is grouped with other view has been conducted and the Di­ gram shall provide in detail for specific advertisements under a caption which rector or designated agency head has ap­ steps to guarantee equal employment op­ clearly states that all employers in the proved a determination that the bidder, portunity keyed to the problems and group assure all qualified applicants prospective prime contractor or proposed needs of members of minority groups, equal consideration for employment subcontractor will be able to comply with including, when there are deficiencies, without regard to race, creed, color, or the provisions of the equal opportunity the development of specific goals and national origin; clause. time tables for the prompt achieve­ (d) Uses a single advertisement in (b) Other special preaward procedures. ment of full and equal employment which appears in clearly distinguishable Upon the request of the Director, agen­ opportunity. (b) Utilization evaluation. The evalu­ type the phrase “an equal opportunity cies shall not enter into contracts or ap­ employer.” prove the entry into subcontracts with ation of utilization of minority group any bidder, prospective_prime contractor, personnel shall include the following: § 60—1.42 Notices to be posted. or proposed subcontractor specified by (1) An analysis of minority group (a) Unless alternative notices are pre­ the Director until the agency has com­ representation in all job categories. scribed by the Director or by the agency plied with the directions contained in (2) An analysis of hiring practices for with the approval of the Director, the the request. the past year, including recruitment notices which prime contractors and sub­ sources and testing, to determine § 68-1.30 Contract ineligibility list. contractors are required to post by para­ whether equal employment opportunity graphs (1) and (3) of the equal oppor­ The Director shall distribute periodi­ is being afforded in all job categories. tunity clause will contain the following cally a list to all executive departments (3) An analysis of upgrading, trans­ language and will be provided by the and agencies giving the names of prime fer, and promotion for the past year to contracting or administering agencies: contractors and subcontractors who have determine whether equal employment been declared ineligible under the regu­ opportunity is being afforded. Equal Employment Opportunity Is the (c) Subcontractors’ programs. Each Law—Discrimination Is Prohibited by the lations in this part and the order. Civil R ights Act op 1964 and by Executive prime contractor shall require each first- Order No. 11246 § 60—1.31 Reinstatement of ineligible tier subcontractor which is not an prime contractors and subcontractors. agency, instrumentality or subdivision of Title VII of the Civil Rights Act of 1964— Any prime contractor or subcontractor a State or local government, to develop Administered by: declared ineligible for further contracts similar affirmative action compliance THE EQUAL EMPLOYMENT OPPORTUNITY or subcontracts under the order may re­ programs in order to comply with its COMMISSION quest reinstatement in a letter directed affirmative action obligation. Prohibits discrimination because of Race, to the Director. In connection with the (d) Maintenance of programs. Each Color, Religion, Sex, or National Origin by reinstatement proceedings, the prime contractor shall maintain a copy of this Employers with 75 or more employees, by

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3008 PROPOSED RULE MAKING

Labor Organizations with a hiring hall of subsequently modified shall be adminis­ of the Federal Aviation Regulations that 75 or more members, by Employment Agen­ tered in accordance with the nondis­ would extend V-181 from Omaha, Nebr., cies, and by Joint Labor-Management Com­ crimination provisions of any prior appli­ 1,200 feet AGL Lamoni, Iowa; 1,200 feet mittees For Apprenticeship or Training. After July 1, 19(57, employers and labor or­ cable Executive orders. Any contract oy AGL Kirksville, Mo., and that would re­ ganizations with 50 or more employees or subcontract modified on or after October align V-159 from St. Joseph, Mo., 1,200 members will be covered; after July 1, 1968, 24, 1965, shall be subject to Executive feet AGL INT St. Joseph 343° T (335° those with 25 or more will be covered. Order 11246. Complaints received by, and M) and Neola, Nebr., 157° T (149° M) violations coming to the attention of radiais; 1,200 feet AGL INT Neola 157° An y Person Who believes he or she has agencies regarding contracts and sub­ T (149° M) Omaha, 112° T (104° M) been discriminated against contracts which were subject to Execu­ radiais; 1,200 feet AGL Omaha. Should Contact tive Orders 10925 and 11114 shall be proc­ The extension of V-181 as proposed essed as if they were complaints regard­ would designate controlled airspace The Equal Employment Opportunity ing violations of this order. Commission within which air traffic services could be provided to aircraft operating, in ac­ 1800 G Street NW. § 60—1.46 Delegation o f authority by the Director. cordance with instrument flight rules, Washington, D.C. 20506 between Omaha and Kirksville. The The Director is authorized to redele­ Executive Order No. 11246—Administered by: Omaha segment of V-159 would be re­ gate the authority given to him by the aligned via the alignment of V-181 to the office of federal contract compliance regulations in this part. The authority simplify air traffic flow and for aeronaut­ Prohibits discrimination because of Race, redelegated by the Director pursuant to ical chart legibility. Color, Creed or National Origin, and requires the regulations in this part shall be exer­ Interested persons may participate in affirmative action to ensure equality of op­ cised under his general direction and the proposed rule making by submitting portunity in all aspects of employment. control. By all Federal Government Contractors such written data, views, or arguments and Subcontractors, and by Contractors Per­ § 60—1.47 Effective date. as they may desire. Communications forming Work Under a Federally Assisted The regulations contained in this part should identify the airspace docket num­ Construction Contract, regardless of the shall become effective______, 1968, ber and be submitted in triplicate to the number of employees in either case. for all contracts, the solicitations, invi­ Director, Central Region, Attention: An y Person tation for bids, or requests for proposals Chief, Air Traffic Division, Federal Build­ Who believes he or she has which were sent by the Government or ing, Federal Aviation Administration, been discriminated against an applicant on or after said effective 601 East 12th Street, Kansas City, Mo. Should Contact date, and for all negotiated contraete 64106. All communications received within 30 days after publication of this T he Office of Federal Contract Compliance which have not been executed as of said notice in the Federal R egister will be U.S. Department of Labor effective date. Notwithstanding the fore­ going, the regulations in this part shall considered before action is taken on the Washington, D.C. 20210 become effective as to all contracts ex­ proposed amendments. The proposals ecuted on and after the 120th day follow­ contained in this notice may be changed (b) The requirements of paragraph in the light of comments received. (3) of the equal opportunity clause will ing said effective date. Subject to any be satisfied whenever the prime contrac­ prior approval of the Secretary, any An official docket will be available for tor or subcontractor posts copies of the agency may defer the effective date of examination by interested persons at the notification prescribed by or pursuant to the regulations in this part, for such pe­ Federal Aviation Administration, Office paragraph (a) of this section in conspic­ riod of time as the Secretary finds to of the General Counsel, Attention : Rules be reasonably necessary. Contracts exe­ Docket, 800 Independence Avenue SW., uous places available to employees, ap­ Washington, D.C. 20590. An informal plicants for employment and representa­ cuted prior to the effective date of the tives of each labor union or other organi­ regulations in this part shall be governed docket also will be available for exami­ by thè regulations promulgated by the nation at the office of the Regional Air zation representing his employees with Traffic Division Chief. which he has a collective bargaining former President’s Committee on Equal agreement or other contract or under­ Employment Opportunity which appear These amendments are proposed under standing. at 28 F.R. 9812, September 2, 1963 and the authority of section 307(a) of the at 28 P.R. 11305, October 23, 1963, the Federal Aviation Act of 1958 (49 U.S.C. § 60—1.43 Access to records of employ­ temporary regulations which appear at 1348). ment. 30 F.R. 13441, October 22, 1965, and the Issued in Washington, D.C., on Feb­ Each prime contractor and subcon­ orders at 31 F.R. 6881, May 10, 1966 and ruary 8,1968. tractor shall permit access during normal 32 F.R. 7439, May 19, 1967. business hours to his books, records, and H. B. Helstrom, Signed at Washington, D.C., this 2d Chief, Airspace and Air accounts pertinent to compliance with day of February 1968. the order, and all rules and regulations Traffic Rules Division. promulgated pursuant thereto, by the W illard W irtz, [FJR. Doc. 68-1872; Filed, Feb. 14, 1968; agency, or the Director for purposes of Secretary of Labor. 8:46 a.m.] investigation to ascertain compliance [F.R. Doc. 68-1856; Filed, Feb. 14, 1968; with the equal opportunity clause of the 8:45 a.m.] contract or subcontract. Information ob­ I 14 CFR Part 71 1 tained in this manner shall be used only [Airspace Docket No. 67-EA-137] in connection with the administration of the order, the administration of the DEPARTMENT OF TRANSITION AREA Civil Rights Act of 1964, and in the Proposed Designation furtherance of the purposes of the order TRANSPORTATION and that Act. The Federal Aviation Administration Is considering an amendment to Part 71 § 60—1.44 Rulings and interpretations. Federal Aviation Administration of the Federal Aviation Regulations that Rulings under or interpretations of the [ 14 CFR Part 71 1 would designate a transition area in the order or the regulations contained in this part shall be made by the Secretary or his [Airspace Docket No. 67—CE-165] vicinity of Logansport, Ky., as follows: The Logansport, Ky., transition area designee. FEDERAL AIRWAYS § 60—1.45 Existing contracts and sub­ would be designated as that airspace ex­ contracts. Proposed Alteration tending upward from 1,200 feet above All contracts and subcontracts in effect The Federal Aviation Administration the surface northwest of Bowling Green, prior to October 24, 1965, which are not is considering amendments to Part 71 Ky., VORTAC, bounded by VOR Federal

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 PROPOSED RULE MAKING 3009

airways Nos. 7, 178, 243, and the Bowl­ [ 14 CFR Parts 71, 75 1 of a radar antenna which is required for traffic control purposes in this area. Since ing Green, Ky., 1,200-foot transition [Airspace Docket No. 68-WA-6 ] area. aircraft flying over the vicinity of the The proposed transition area would JET ROUTES AND HIGH ALTITUDE antenna usually do not provide a satis­ provide controlled airspace where air REPORTING POINTS factory radar return, increased nonradar traffic control service can be afforded separation has to be provided on this aircraft operating IFR between Clarks­ Proposed Alteration and highly traveled route. In order to avoid ville, Ky., VORTAC and Mystic, Ky., Establishment the radar antenna site and permit use VOR. of radar separation, it is proposed herein The Federal Aviation Administration to realign J-60 in part as follows: Interested persons may participate in is considering amendments to Parts 75 the proposed rule making by submitting From Hayes Center, Nebr., via Lincoln, and 71 of the Federal Aviation Regula­ Nebr.; INT of the Lincoln 089° T (080° M) such written data, views, or arguments tions which would realign J-60 between as they may desire. Communications and the Iowa City, Iowa, 252° T (247° M) Hayes Center, Nebr., and Joliet, 111., and radials; Iowa City; to Joliet. should identify the airspace docket num­ designate a new jet route between ber and be submitted in triplicate to the Boulder, Nev., and Joliet, 111., and alter Traffic on J-60 and J-64 is very heavy Director, Eastern Region, Attention: domestic high altitude reporting points. in the Denver Center area due to the Chief, Air Traffic Division, JFK Inter­ Interested persons may participate in meeting of eastbound and westbound national Airport, N.Y. 11430. All com­ the proposed rule making by submitting traffic in that area. In order to relieve the munications received within 30 days after such written data, views, or arguments congestion on these two routes, and pro­ publication of this notice in the F ederal as they may desire. Communications vide an additional east-west route Register will be considered before action should identify the airspace docket num­ through the Denver Center area, it is is taken on the proposed amendment. ber and be submitted in triplicate to the proposed herein to establish a new jet The proposals contained in this notice Director, Central Region, Attention: route from Los Angeles, Calif., via the may be changed in the light of comments Chief, Air Traffic Division, Federal Avia­ present alignment of J-60 to Boulder, received. tion Administration, Federal Building, Nev., thence via Dove Creek, Colo.; Gun­ An official docket will be available for 601 East 12th Street, Kansas City, Mo. nison^ Colo; Goodland, Kans.; Lincoln, examination by interested persons at the 64106. All communications received with­ Nebr.; thence via the realignment of J-60 Federal Aviation Administration, Office in 30 days after publication of this notice as proposed herein to Joliet, 111. of the General Counsel, Attention: Rules in the F ederal R egister will be con­ It is proposed also to alter § 71.207, Docket, 800 Independence Avenue SW., sidered before action is taken on the Domestic high altitude reporting points, Washington, D.C. 20590. An informal proposed amendment. The proposals as follows: docket also will be available for exami­ contained in this notice may be changed Add Dove Creek, Colo.; Goodland, Kans.; nation at the office of the Regional Air in the light of comments received. Lincoln, Nebr.; Iowa City, Iowa; delete Traffic Division Chief. An official docket will be available for Omaha, Nebr. This amendment is proposed under the examination by interested persons at the These amendments are proposed under authority of section 307(a) of the Fed­ Federal Aviation Administration, Office the authority of section 307(a) of the eral Aviation Act of 1958 (49 U.S.C. of the General Counsel, Attention: Rules Federal Aviation Act of 1958 (49 U.S.C. 1348). Docket, 800 Independence Avenue SW., 1348). Issued in Washington, D.C., on Feb­ Washington, D.C. 20590. An informal docket also will be available for examina­ Issued in Washington, D.C., on Feb­ ruary 7, 1968. tion at the office of the Regional Air ruary 7,1968. H. B. H elstrom, Traffic Division Chief. H. B. H elstrom, Chief, Airspace and Air J-60 is presently aligned, in part, from Chief, Airspace and Air Traffic Rules Division. Hayes Center, Nebr., via Omaha, Nebr., Traffic Rules Division. IF.B. Doc. 68-1873; Filed, Feb. 14, 1968; and Des Moines,< Iowa, to Joliet, 111. This [F.R. Doc. 68-1871; Filed, Feb. 14, 1968; 8:46 a.m.] alignment via Omaha lies over the site 8:46 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3010

N o tice s

These containers may be released under Stat. 988, 43 U.S.C. 1421-1427), 43 CFR DEPARTMENT OF THE TREASURY the procedures provided for in § 10.41a. Subpart 2243, a tract of land will be offered for sale ,to the highest bidder at Bureau of Customs [ seal] L ester D. J ohnson, Commissioner of Customs. a sale to be held at 1:30 p.m., local time, [TJD. 68—55] on Thursday, March 28, 1968, at the [F.R. Doc. 68-1896; Filed, Feb. 14, 1968; HARMAL CORP. Nevada Land Office, Bureau of Land 8:48 a.m.] Management, Room 3104, Federal Build­ Notice of Recordation of Trade Name ing, 300 Booth Street, Reno, Nëv. ' The land is described as follows: F ebruary 9,1968. Office of Foreign Assets Control Mount Diablo Meridian, Nevada On December 15, 1967, there was pub­ DRIED WHITE JELLY FUNGUS lished in the F ederal R egister (32 F.R. T. 20 N., R. 19 E., 17985) a notice of application for the Importation Directly From Taiwan; Sec. 27, NW%SWi4SW%NEi,4. recordation under section 42 of the Act Available Certification The area described contains 2.5 acres. of July 5, 1946, as amended (15 U.S.C. The appraised value of thé tract is 1124) of the trade name “Harmal Cor­ Notice is hereby given that certifi­ cates of origin issued by the Ministry of $4,000 and the publication costs to be poration” used by Harmal Corp., an assessed are $12. Illinois corporation, and Ball Machinery Economic Affairs of the Government of Taiwan under procedures agreed upon The land will be sold subject to all Co., an Illinois corporation. The notice valid existing rights. Reservations will advised that prior to final action on the between that Government and the Office of Foreign Assets Control in connection be made to the United States for ditches application, filed pursuant to § 11.16, and canals in accordance with the Act Customs Regulations (19 CFR 11.16), with the Foreign Assets Control Regula­ tions are now available with respect to of August 30, 1890 (26 Stat. 391; 43 consideration would be given to relevant U. S.C. 945). All minerals are to be re­ data, views, or arguments submitted in the importation into the United States directly, or on a through lull of lading, served to the United States and with­ opposition to the recordation and re­ drawn from appropriation under the ceived not later than 30 days from the from Taiwan of the following com­ modity: public land laws, including the general date of publication of the notice. No re­ mining laws. sponses were received in opposition to White jelly fungus, dried. Bids may be made by the principal or the application. \ his agent, either at the sale, or by mail. The name “Harmal Corporation” is [ seal] M argaret W. Schwartz, Director, Foreign Assets Control. An agent must be prepared to establish hereby recorded as the trade, name of the eligibility of his principal. Harmal Corp., a corporation organized [F.R. Doc. 68-1897; Filed, Feb. 14, 1968; Bids must be for all the land in the under the laws of the State of Illinois, 8:48 a.m.] parcel. A bid for less than the appraised located at 939 West Lake Street, Chicago, value of the land is unacceptable. Bids HI., and Ball Machinery Co., an Illinois sent by mail will be considered only if corporation, located at 939 West Lake received at the Nevada Land Office, Bu­ Street, Chicago, HI., when applied to DEPARTMENT OF THE INTERIOR reau of Land Management, Room 3008 metal working machine tools, manufac­ Bureau of Land Management Federal Building, Reno, Nev. 89502, prior tured in Italy. to 1:30 p.m,, on Thursday, March 28, [S 585, etc.]1 [ seal] Edwin F. R ains, 1968. Bids made prior to the public auc­ Acting Commissioner of Customs. CALIFORNIA tion must be in sealed envelopes, and ac­ companied by certified checks, postal [F.R. Doc. 68-1895; Filed, Feb. 14, 1968; 8:48 a.m.] Notice of Classification of Public money orders, bank drafts, or cashier’s Lands for Multiple-Use Manage­ checks, payable to the Bureau of Land ment; Correction Management, for the full amount of the [TJD. 68-56] bid plus publication costs. The envelopes F ebruary 8,1968. PLASTIC AND ALUMINUM TRAYS must be marked in the lower left-hand In F.R. Doc. 68-912, filed January 24, corner “Public Sale Bid, Parcel No. 1, Instruments of International Traffic 1968, appearing at page 919 of the issue sale of March 28,1968”. for Thursday, January 25, 1968, the The authorized officer shall publicly F ebruary 9,1968. following correction is made in the third declare the highest qualifying sealed bid It has been established to the satis­ paragraph under “Surprise Area S 766: received. Oral bids shall then be invited faction of the Bureau that plastic trays T. 46 N., R. 15 E., Secs. 1, 12, 13, 24, 25, in specified increments. After oral bids, 23 inches by 14 inches by 1% inches and if any, are received, the authorized officer weighing 2 pounds, and aluminum trays and 26”, should read: shall declare the high bid. A successful 24 y2 inches by 11V2 inches by 3% inches T. 46N.. R. 15 E., oral bidder must submit a guaranteed and weighing 7 pounds, designed to carry Secs. 1,12,13, 24,25, and 36. remittance, in full payment for the tract parts of dashboards such as odometers, 0 J. Ri-Penny, and cost of publication, before 3:30 p.m. are substantial containers or holders State Director. of the day of the sale. which are designed for and capable of [F.R. Doc. 68-1853; Filed, Feb. 14, 1968; If no bids are received for the sale 8:45 a.m.] tract on March 28, 1968, the tract will repeated use in transportation and are be reoffered on the first Tuesday of sub­ used in substantial numbers in interna­ sequent months at 1:30 p.m., beginning tional traffic. [Serial No. N-1340] April 2,1968. Under the authority of § 10.41a(a), NEVADA Any adverse claimants to the above Customs Regulations, I hereby designate described land should file their claims, Notice of Public Sale or objections, with the undersigned be­ the above-described containers as instru­ fore the time designated for sale. ments of international traffic within the F ebruary 8, 1968.v The land described in this notice has meaning of section 322(a), Tariff Act of Under the provisions of the Public been segregated from all forms of appro­ 1930, as amended (19 U.S.C. 1322(a)). Land Sale Act of September 19, 1964 (78 priation, including locations under the

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3011 general mining laws, except for sale un­ California requested that the record of New London, Conn. No person shall take or der this Act, from the date of notation the above public hearing be kept open place any article or thing upon any water­ of the proposed classification decision. for 90 days beyond February 16, 1968, to front facility in this zone without such permit the submission of additional writ­ permission. This order will be enforced by Inquiries concerning this sale should be the Captain of the Port, New London, Conn., addressed to the Land Office Manager, ten material on behalf of the State of and by U.S. Coast Guard vessels under his Bureau of Land Management, Room California. command. The aid of other Federal, State, 3008, Federal Building, 300 Booth Street, Accordingly, in order to assure a full and municipal agencies may be enlisted to Reno, Nev. 89502. opportunity for the presentation of assist in the enforcement of this order. written material by all the participants, Penalties for violation of the above order: R olla E. Chandler, Section 2, Title II of the Act of 15 June Manager, Nevada Land Office. the time for the submission of written material, data, or arguments by inter­ 1917, as amended, 50 U.S.C. 192, provides as [F.R. Doc. 68-1854; Filed, Feb. 14, 1968; ested persons for inclusion as part of the follows: “If any owner, agent, master, officer, 8:45 ajn.] or person in charge, or any member of the record of the public hearing is hereby crew of any such vessel fails to comply with extended from February 16, 1968, to and any regulations or rule issued or order given National Park Service including May 16, 1968. under the provisions of this title * * * or if any other person knowingly fails to com­ LAKE MEAD NATIONAL RECREATION The hearing will continue in recess and will be adjourned as of May 16, 1968, ply with any regulation or rule issued or AREA, NEV. unless by such date the Presiding Officer order given under the provisions of this title, or knowingly obstructs or interferes with Notice of Intention To Negotiate issues a notice reconvening the public the exercise of any power conferred by this Concession Contract hearing. title, he shall be punished by imprisonment Dated: February 13,1968. for not more than 10 years and may, at the Pursuant to the provisions of section discretion of the court, be fined not more 5, Act of October 9, 1965 (79 Stat. 969; Smith G riswold, than $10,000). 16 U.S.C. 20), public notice is hereby Presiding Officer. Dated: February 12,1968. given that thirty (30) days after the [F.R. Doc. 68-1948; Filed, Feb. 14, 1968; date of publication of this notice, the 8:49 a.m.] P. E. T rimble, Department of the Interior, through the Vice Admiral, U.S. Coast Guard, Director of the National Park Service, Acting Commandant. proposes to negotiate a concession con­ [FJR. Doc. 68-1907; Filed, Feb. 14, 1968; tract with Overton Resort, Inc,, au­ DEPARTMENT OF 8:49 a.m.] thorizing it to provide concession facil­ ities and services for the public at Lake TRANSPORTATION Mead National Recreation Area, "Nev., for a period of 3 years from January 1, Coast Guard CIVIL AERONAUTICS BOARD 1968, through December 31,1970. [CGFR 68-25] The foregoing concessioner has per­ [Docket No. 19568] NEW LONDON HARBOR formed its obligations under the expiring ALASKA AIRLINES, INC. contract to the satisfaction of the Na­ Closure to Navigation During _ Notice of Proposed Approval tional Park Service and, therefore, pur­ Launching of “Bergall” suant to the Act cited above, is entitled Application of Alaska Airlines, Inc., to be given preference in the renewal By virtue of the authority vested in me for approval pursuant to section 408 of of the contract and in the negotiation as Commandant, U.S. Coast Guard, by the Federal Aviation Act of 1958, as of a new contract. However, under the Treasury Department Order 120 dated amended, of an aircraft lease trans­ Act cited above, the Secretary is also July 31, 1950 (15 F.R. 6521) and Execu­ action, Docket 19568. required to consider and evaluate all tive Order 10173, as amended by Execu­ Notice is hereby given, pursuant to the proposals received as a result of this tive Orders 10277, 10352, and 11249, I statutory requirements of section 408(b) notice. Any proposal to be considered hereby affirm for publication in the of the Federal Aviation Act of 1958, as and evaluated must be submitted within Federal R egister the order of A. J. Car­ amended, that the undersigned intends thirty (30) days after the publication penter, Rear Admiral, U.S. Coast Guard, to issue the order set forth below under of this notice. Commander, 3d Coast Guard District, delegated authority. Interested persons Interested parties should contact the who has exercised authority as District are hereby afforded a period of 10 days Chief of Concessions Management, Na­ Commander, such order reading as from the date of service within which to tional Park Service, Washington, D.C. follows: file comments or request a hearing with 20240, for information as to the require­ Special Notice New London Harbor respect to the action proposed in the ments of the proposed contract. Pursuant to the request of the Com­ order. Dated: February 8,1968. mander, Submarine Flotilla TWO, and acting Dated at Washington, D.C., February under the authority of the Act of June 15, Edward A. Hummel, 1917 (40 Stat. 220) as amended, aud the 9, 1968. Assistant Director, regulations in Part 6, Chapter I, Title 33, [seal] A. M. A ndrews, National Park Service. Code of Federal Regulations, I hereby estab­ Director, lish a Security Zone in the waters of New [PR. Doc. 68-1855; Filed, Feb. 14, 1968; London Harbor, New London, Conn., between Bureau of Operating Rights. 8:45 a.m.] the latitudes of 41°20'32" N„ an

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3012 NOTICES

In support of its application Alaska states substantive issue«. Accordingly, approval The Board, acting pursuant to sections that the transportation is to be performed thereof would not appear to be inconsistent 102, 204(a), and 412 of the Act, does not out of Yellowknife to points now served only with the public interest. Moreover, it ap­ find the subject agreement, which incor­ by Pacific Western on an infrequent basis; pears that the lease will permit Alaska to that no other aircraft can perform the haul­ achieve greater utilization of its aircraft porates* the following IATA resolutions, ing of such cargo and no other Hercules air­ than otherwise would be obtained. to be adverse to the public interest or in craft are available in Canada; that it believes Accordingly, it is found that the foregoing violation of the Act: that the lease with Pacific Western is fair, transaction should be approved under sec­ 100(Mail 522)200. reasonable, advantageous, and compensatory tion 408(b) of the Act, without a hearing. 200 (Mail 784)200. to Alaska and will permit more complete Accordingly, it is ordered: 30O(MaU 260)200. utilization of the aircraft than otherwise 1. That the transaction between Alaska JT12(Mail 522)200. could be obtained; that execution and per­ and Pacific Western be and it hereby is ap­ JT23 (Mail 196)200. formance of the lease will not affect the proved under section 408 of the Act;- JT31 (Mail 143)200. control of an air carrier directly engaged in 2. That this action shall not be deemed an JT123(Mail 522) 200. the operation of aircraft in air transporta­ approval for rate-making purposes of the tion, will not result in creating a monopoly; financial provisions of the transaction; and Accordingly, it is ordered, That: and will not tend to restrain competition; 3. That this order may be amended or re­ Agreement CAB 20019 be and hereby and that it does not appear that there is any voked at apy time in the discretion of the person who has or will disclose a substantial Board without hearing. is approved. Interest who will request, or have standing to Persons entitled to petition the Board for Any air carrier party to the agreement, request a hearing. Alaska further states that review of this order pursuant to the Board’s or any interested person, may, -within if it is unable to perform the lease, the re­ regulations, 14 CFR 385.50, may file such 15 days from the date of service of this sultant idleness of the aircraft would not be petitions within 2 days after the date of order, submit statements in writing con­ in the public interest. "> service of this order. taining reasons deemed appropriate, to­ Under the terms of "the lease agreement This order shall be effective and become gether with supporting data, in support Alaska shall furnish the flight crews and the action of the Civil Aeronautics Board of or in opposition to the Board’s pro­ ‘‘actual operation of the leased property shall upon expiration of the above period unless be performed by Lessor’s operational per­ within such period a petition for review posed action. An original and 19 copies sonnel;” Alaska bears the expense of main­ thereof is filed, or the Board gives notice that of the statements should be filed with the tenance personnel and equipment necessary it will review this order on its own motion. Board’s Docket Section. for maintenance; and Alaska assume the risk of damage to, or loss or destruction of, the [seal] Harold R. Sanderson, , This order will be published in the aircraft. Operations are to be in accordance Secretary. F ederal R egister. with Alaska’s flight manual. [F.R. Doc. 68-1886; Filed, Feb. 14, 1968; By the Civil Aeronautics Board. On the other hand, the contract contains 8:47 a.m.] no restriction as to Pacific Western’s use of [ seal] H arold R . S anderson, the aircraft except that it must be based in Secretary. Canada; Pacific Western is to bear all fuel [Docket No. 17828; Order E-26340] and oil costs; Pacific Western shall have sole [F.R. Doc. 68-1887; Filed, Feb. 14, 1968; and exclusive direction as to use of the air­ INTERNATIONAL AIR TRANSPORT 8:47 a.m.] craft; Pacific Western is to furnish main­ ASSOCIATION tenance personnel and equipment for main­ [Docket No. 19574, etc.; Order E-26334] tenance, although at Alaska’s expense, and Order Regarding Free or Reduced maintenance shall be made under the direc­ tion of Alaska’s personnel; and Pacific Fare Transportation STATES-ALASKA SERVICE MAIL RATE Western shall, at its sole cost and expense, Adopted by the Civil Aeronautics INVESTIGATION comply with all laws, regulations and re­ quirements of any foreign country in which Board at its office in Washington, D.C., Declaratory Order and Order To the aircraft will be operated and shall obtain on the 12th day oï February 1968. Show Cause and keep all permits, licenses, certificates, An agreement has been filed with the and approvals required in connection with Board, pursuant to section 412(a) of the Adopted by the Civil Aeronautics Board operations conducted with the aircraft. Federal Aviation Act of 1958 (the Act) at its office in Washington, D.C., on the No objections to the application have been and Part 261 of the Board’s Economic 9th day of February 1968. received. States-Alaska Service mail rate inves­ Upon consideration of the foregoing, we Regulations, between various air carriers, foreign air carriers, and other carriers, tigation, including intra-Alaska service conclude that Alaska will, under the agree­ mail rate of Western Air Lines, Inc., ment, surrender such dominion and control embodied in the resolutions of the Traffic over the aircraft as to constitute the arrange­ "Conferences of the International Air Docket 19574; petition of the Postmaster ment as a true lease within the meaning of Transport Association (IATA). The General for establishment of service mail section 408 of the Act.1 agreement, which was adopted by mail rate for States-Alaska Service, Docket Notice of intent to dispose of the applica­ vote, has been assigned the CAB Agree­ 18918; petition of Western Air Lines, tion without a hearing has been published in ment number 20019. Inc., for declaratory order regarding the Federal R egister, and a copy of such service mail rates for Alaska Operations, notice has been'furnished by the Board to The agreement amends current IATA Docket 18784. the Attorney General not later than the day provisions governing free and reduced following the date of such publication, both fare transportation insofar as they relate, The Board has pending before it two in accordance with the requirements of sec­ to IATA employees. In substance, the petitions relating to States-Alaska serv­ tion 408 of the Act. amendment provides that a pass may be ice mail rates: (1) A petition filed by Upon consideration of the application, it issued to an employée of IATA and/or Western Air Lines, Inc. (Western) for, is concluded that jurisdiction under section to members of his immediate family only alternatively, declaration or determina­ 408 exists since Pacific Western, a person en­ tion of service mail rates for its Alaska gaged in a phase of aeronautics, will lease a in accordance with the rules, regulations, substantial portion of the assets of Alaska, and procedures authorized by the Execu­ operations, and (2) a petition filed by an air carrier. However, it has been further tive Committee. We are approving this the Postmaster General opening the concluded that such lease does not affect the agreement but, insofar as air transporta­ States-Alaska service mail rates of the control of an air carrier directly engaged in tion as defined by the Act is concerned, other three States-Alaska carriers on the operation of aircraft in air transporta­ August 16, 1967. In addition, Northwest tion, does not result in creating a monopoly such approval should not be construed as an exemption from the requirements of Airlines, Inc. (Northwest), has filed a and does not restrain competition or jeopard­ motion for clarification or for severance ize another air carrier not a party to the section 403 of the Act and the Board’s transaction. Furthermore, no person disclos­ Economic Regulations.* and consolidation concerning the inves­ ing a substantial interest is currently re­ tigation of the rate applicable to mail questing a hearing and it is found that the carried over its NewYork-Chicago-Min- public interest does not require a hearing. a We observe, for example, that the defini­ neapolis/St. Paul-Anchorage segment. The relationships are similar to those ap­ tion of an immediate family in IATA Resolu­ For the reasons set forth below, the tion 200 is different from the Board’s. There­ proved in Order E-24046, issued August 4, Board finds that the merger of Western 1966, and essentially do not present any new fore, Immediate family members who may travel at free or reduced fare transportation and Pacific Northern Airlines, Inc. (Pa- may not include those who would not be cific Northern), on July 1, 1967, had the 1 Cf. Order E-24046, Aug. 4,1966. eligible under the Board’s definition. effect of terminating all of the service

FEDERAL RÊGISTER, V O L 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3013 ni g il rates theretofore applicable to Pa­ Reorganization Plan No. 10,17 C.A.B. 898 merger case was tried and decided on the cific Northern. The Board further con­ (1953).2 The service mail rate applicable premise that the mail revenues of Pacific cludes that no final service mail rate has to Western’s system was the temporary Northern would continue at the same been in effect on and after July 1, 1967, domestic multielement rate.3 The Post­ rates after the merger, and the initial applicable to the carriage of mail by master General, for reasons stated below, decision relied upon revenue estimates Western over the former Pacific Northern contends that upon merger the entire predicated on the Pacific Northern rate. routes, hereinafter referred to as West­ operations of the surviving company, in­ If any change in rate was sought by the ern’s Alaska operations. Accordingly, the cluding the Alaska operations, became Postmaster General, Western states that Board is herein instituting a proceeding subject to the then applicable temporary the issue should have been raised in the to establish the service mail rates appli­ domestic service mail rate. Western, on merger proceeding. cable to Western’s Alaska operations on the other hand, contends that the mail 2. The carrier contends tfiat Pacific and after July 1, 1967, and is issuing an services performed under the certificates Northern’s rates apply to Western’s order to show cause proposing as final transferred to Western from Pacific Alaska operations by the automatic service mail rates applicable thereto (1) Northern, i.e., the Alaska operations, effect of the merger. First, Western a States-Alaska service mail rate at the continue to be compensable at the level states that the Alaska mail rate order, same level as the domestic multielement established for Pacific Northern and the 17 CAB 898, provides that the rates service mail rate fixed in Order E-25610, other States-Alaska and" intra-Alaska should remain final unless placed in is­ August 28,1967; and (2) an intra-Alaska carriers. sue by petition of a party or by order of service mail rate of $1.29 per mail ton- In its petition for declaratory order, the Board, and no such petition or Board mile, which was the rate applicable to Western requests the Board to enter an order was issued,4 that the language of the intra-Alaska mail services, fixed in order declaring that the service rates the 1953 order permits Western, Pacific Service Mail Rates, Reorganization Plan for mail carried under the certificates of Northern’s successor by merger, to be No. 10, 17 CAB 898 (1953), performed by convenience and necessity formerly held treated as the “carrier” within the mean­ Pacific Northern prior to July 1, 1967. in the name of Pacific Northern continue ing of the order; and that, since service With regard to the petition of the to apply to all mail carried by Western rates are determined on the basis of the Postmaster General, which opened the under those certificates as Pacific North­ service provided and not the peculiarities States-Alaska service mail rates applica­ ern’s successor by merger. Alternatively, of any particular corporate entity, there ble to Alaska Airlines, Inc. (ASA), North­ Western requests the Board to issue an is no reason of aviation policy why the west, and Pan American World Airways, order to show cause looking toward a service mail rates established by the Inc. (Pan American), the Board is herein determination of final service mail rates Board should not issue and bind the cor­ issuing an order to show cause proposing (or in the alternative, temporary service porate successor to the route authority as final service mail rates applicable to mail rates)- for the Alaska operations of to which they relate. Secondly, both the the States-Alaska operations of these Western from July 1, 1967, such rates to Delaware (Western’s domicile) and three carriers on and after August 16, be identical with the rates governing Alaska (Pacific Northern’s domicile) 1967, rates at the same level as the do­ Pacific Northern’s operations prior to its statutes provide that the surviving cor­ mestic multielement service mail rates merger into Westerh. An answer was poration shall be vested with all of the fixed in Order E-25610, August 28, 1967. filed by the Postmaster General oppos­ rights, privileges, powers, and franchises, The Board also finds that the investiga­ ing Western’s petition in its entirety. A as well as subject to all the restrictions, tion of the mail rate applicable to serv­ motion for leave to reply, and a reply disabilities, and duties, of the merging ices over segment 2 of Northwest’s Route thereto, have been filed by Western. corporation; that the courts have given 140 was not included in the Transpacific Western’s petition lists four major full scope to these statutes, including Mail Rate Proceeding by Order. E-24579, reasons why Pacific Northern’s rates cases involving utility rates; and that, in December 29, 1966, that the petition of should continue to apply to the merged the absence of affirmative Board action the Postmaster General in Docket 18918 corporation’s Alaska operations; to produce some different consequence had the effect of opening this rate, along 1. The carrier contends that anyfor aviation policy reasons, an approved with Northwest’s other States-Alaska change in the mail rate would be incon­ merger has the effect specified in the mail rates, on August 16, 1967, and that sistent with the Board’s approval of the laws of the states of the merger parties. the investigation of the rate over this merger. It is stated that the whole ■ 3. Western contends that a contrary segment is included within the scope of interpretation would subvert the estab­ the proceeding instituted by the Post­ lished policy of uniform compensation master General in Docket 18918. The 3 The service mail rate established in that for like mail service. The carrier states proceeding for the States-Alaska operations that heretofore the Board has scrupu­ Board has further determined that the of ASA, Pacific Northern, and Pan American investigation of all Northwest’s States- was 47 cents per mail ton-mile. The Seattle/ lously maintained the policy of creating Alaska rates should remain in a single Portland-Anchorage service mail rate of and preserving uniformity of compensa­ proceeding, and it therefore will deny Northwest, fixed at the same level as that of tion for like mail services, and particu­ Northwest’s motion to sever the investi­ the other States-Alaska carriers, and North­ larly for Alaska mail services; that this gation of its mail rate over segment 2 west’s New York-Anchorage service mail rate policy is based upon the Post Office De­ from this proceeding and consolidate it of 36 cents per ton-mile over segment 2 of partment’s decision to ship air mail by into the Transpacific Mail Rate Pro­ Route 140, were established in the Trans­ those carriers whose rates would result ceeding. pacific Mail Rate Proceeding, Order E-21514, in the least cost to the Department; and November 19, 1964. The intra-Alaska rates, that, unless Western’s interpretation I. W estern’s Petition for D eclaratory applicable to both priority and nonpriority mail, were established in 17 C.A.B. 898 at two prevails, the result is inconsistent with O rder levels: $1.29 per ton-mile for the larger intra- established Board policy. The present controversy concerning Alaska carriers, including Pacific Northern, 4. Finally, Western contends that the the service mail rate applicable to West­ and $2.50 per ton-mile for the small intra- mail rates governing Western’s pre­ ern’s Alaska operations arises from the Alaska carriers. merger system cannot be construed to merger of Pacific Northern into Western, 3 The carriers operating under domestic cover Pacific Northern’s former routes. and the transfer of Pacific Northern’s service mail rates are compensated on the The carrier states that, while a literal basis of a multielement rate effective Janu­ certificates to Western, effective July 1, ary 1, 1967, consisting of a linehaul charge reading of certain language in Western’s 1967.1 At the time of the merger, Pacific of 24 cents per ton-mile, plus a terminal rate temporary domestic mail rate order Northern’s service mail rates were those per pound varying with the classification of which states that the rate is applicable determined for the States-Alaska and the station of origin, structured to result in to “operations over Western’s entire sys­ an average yield to the trunkline carriers of tem as constituted on or subsequent to intra-Alaska operations of the States- 30 cents per ton-mile. Domestic Service Mail Alaska carriers in Service Mail Rates, Rate Investigation, Order E-25610, August 28, 1067. At the time of the Western-Pacific 4 By petition filed Aug. 16, 1967, Docket Northern merger, July 1, 1967, the carriers 18918, the Postmaster General has opened 1 Order E-25354, June 28, 1967. The merger were operating under temporary mail rates the service mail rate of the other three car­ was approved by Order E-25240, June 2, 1967. fixed in Order E-24675, January 24, 1967. riers for States-Alaska priority mail service.

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 No. 32- 3014 NOTICES

June 19, 1965” would include postmerger Postmaster General also objects to the Alaska rate applied between points with­ Alaska routes, read in the context of the alternative relief requested by Western, in Alaska “between which the carrier is entire order and other mail rate orders, i.e., to fix final or temporary service mail or may be authorized to transport mail” the quoted language does not and could rates for Western’s Alaska operations at pursuant to its certificates “in effect on, not govern Alaska services. Thus, it is the Pacific Northern level, on the grounds and subsequent to, Oct. 1, 1953.” 8 These pointed out that the domestic mail rate that such rates are without economic rates ceased to be effective when the orders do not purport to affect any of the basis. carrier’s certificates were canceled and Alaska services in operation at the time Although the Rules do not provide for its existence terminated.9 the orders were issued; that, on the con­ further responsive pleadings, the Board The foregoing conclusions have been trary, the „ Alaska operations of Pan has decided to grant Western’s motion for consistently adhered to by the Board in American and Northwest were specifi­ leave to file a reply. In its reply Western numerous cases. When two carriers cally excluded from the domestic rate states that the position of the Postmaster merge, the nonsurviving carrier’s service orders, and, in addition, the domestic General is untenable because it rests upon (and subsidy) mail pay ceases upon the mail rate investigation, Docket 16349, did a reading of service mail rate orders transfer of certificates, and the system not encompass the question of rates for compounded of out-of-context literalism, rates in effect for the surviving carrier Alaska service; that station classifica­ on the one hand, and unexplained dis­ apply to operations over the newly ac­ tions for priority mail, necessary for regard of the terms of those orders on quired routes.10 Thus, if the nonsurviving computation of mail rates under the do­ the other; that the provision of the mestic multielement formula, do not domestic mail orders which the Post­ 817 C.A.B. 898 (1953). include Alaska points; and that, if West­ master General disregards, e.g., lack of 9 Nor do we find that the Board’s policy of ern’s rates apply to Alaska operations, station classifications in Alaska for pri­ uniform compensation for like mail service there would be no rate whatever for ority mail, are conclusive of the point may be subverted, as Western contends, in intra-Alaska nonpriority mail.6 that those orders have nothing to do view of the simple remedy available to the In its answer opposing Western’s peti­ with Alaska rates; and that now that carriers, the Post Office or the Board of re­ tion, the Postmaster General contends the Postmaster General has revealed the opening the rates of the carriers concerned. that at the time of merger Western was motivation for taking the untenable posi­ 1° In 1956, Eastern Air Lines, a nonsub- subject to a temporary service mail rate tion he does on the basis of economic sidized carrier, acquired Colonial Airlines, a which applied to its entire system opera­ subsidized carrier with open subsidy rates justification, there is an orderly way of on its domestic routes and its foreign route tions, including Alaska operations, by trying out such allegations. to Bermuda (23 C.A.B. 500). All subsidy virtue of the clear and unambiguous pro­ None of the matters relied upon by ceased upon transfer of Colonial’s certificates, visions of the Board’s domestic mail rate Western establish a right of. that car­ and final system rates were subsequently set orders which state that the temporary rier to succeed to Pacific Northern’s for the period prior thereto in 38 C.A.B. 43 service mail rate applied to Western as rates. On the contrary, when the carriers (1963). its system existed on the date the rate More pertinent to the question raised became effective, and as its system would merged, Pacific Northern ceased to exist, herein, Eastern’s service mail rate at the time be subsequently constituted. Further­ and the mail rate order applicable to of the merger was, like Western’s in the more, the Postmaster General states that that carrier terminated. Moreover, the present case, the domestic multielement rate since the temporary rate is subject to temporary mail rate applicable to West­ then in effect for its entire system “ as con­ ern over its “entire system as constituted stituted on or subsequent to April 1, 1954,” retroactive adjustment pursuant to the whereas Colonial’s Bermuda route was ex­ proper economic evidence and Board on or subsequent to June 19, 1965,” 6 be­ came applicable to the routes acquired cepted from the multielement rate applicable findings, there is no basis for Western’s to its domestic and Canadian routes (21 insistence that it must have Pacific as a result of the merger proceeding. C.A.B. 8 (1955)). Colonial’s mail rate for Northern’s rates without any proof of The Board’s approval of the merger Bermuda service was 75 cents per ton-mile their fairness and reasonableness. is not inconsistent with these conclusions, (17 C.A.B. 898 (1953)). After the merger, With regard to the principle of “uni­ as argued by Western. The fact that no Eastern’s system domestic rate applied, and form pay for like services” , the Post­ party challenged Western’s mail revenue it continues to apply, to the Bermuda route estimate in the merger case is irrevelant. transferred from Colonial (see Orders master General states that it does not E-22512 (Aug. 6, 1965), and E-25610 (Aug. 28, follow that such principle can be main­ The issue of the appropriate mail rate 1967)). tained only by fixing Pacific Northern’s for the surviving carrier is not within Also in 1956, Wien Alaska Airlines acquired intra-Alaska and States-Alaska rates for the scope of a merger proceeding.7 Nor Byers Airways, and the reissued certificate application to Western’s Alaska services; is the general provision of State corpora­ became effective in July of that year (23 the other Alaskan carriers could equalize tion laws, that the corporation resulting C.A.B. 428). The subsidy and service mail down. from a consolidation or merger acquires rates of both carriers had previously been Concerning a mail rate differential for all the rights and privileges of the con­ finalized (Wien subsidy, 23 C.A.B. 289 (1956); stituent companies, of any effect. The Byers subsidy, 17 C.A.B. 1 (1953); service Alaska operations, the Postmaster Gen­ rates, 17 C.A.B. 898 (1953)). The system eral contends that there is no economic establishment of mail rates is governed service mail rates were $1.29 for Wien and basis for the Alaska rates to be higher by the provisions of the Federal Aviation $2.50 for Byers, “between all points which than the domestic rates. It is stated that Act of 1958. Section 406 requires the the carrier is, or may be, authorized to trans­ the cost levels of Pacific Northern and Board to fix and determine mail rates port mail pursuant to all certificates of public Western, when considered separately, do for each air carrier after notice and convenience and necessity for air transpor­ not warrant any adjustment of rates for hearing. The concept that a mail rate tation which are in effect on, and subsequent the merged operation; that the States- established for one carrier is a right to, October 1, 1953” (17 C.A.B. 898). Upon transferable by merger to another car­ the certificate transfer, Byers’ subsidy and Alaska rates fixed in 1953 are unjustifi­ service mail pay ceased, and Wien’s rates be­ ably excessive at the present time; and rier is untenable. came applicable to the entire system. Nine that Western’s Alaska service is closely Neither does the order that fixed months later, Wien’s subsidy rate was opened analogous to Western’s stub-end Mexico Pacific" Northern’s mail rates permit upon the carrier’s petition (26 C.A.B. 642 service, to which the domestic rate is Western to succeed to those rates. The (1958)). The decision noted (p. 647) that applicable. States-Alaska rate in the order applied Wien’s currently effective service mail rate Finally, the Postmaster General states was $1.29, as established in 17 C.A.B. 898. to mail transported by Pacific Northern In 1963, Pan American World Airways that the Board is without authority to pursuant to its certificate for this service transferred certain routes to Wien (38 C.A.B. issue a declaratory order fixing Pacific “and any amendments, modifications, 796). Wien’s system service mail rate re­ Northern’s rate for services by Western and revisions of such certificate or ad­ mained $1.29, and Pan American's service rate because no adequate economic justifica­ ditional certificates- for States-Alaska for the routes transferred was 47 cents per tion has been furnished, and the notice services which are in effect on, and sub­ ton-mile as established in 17 C.A.B. 898 (29 and hearing provisions of section 406(a) sequent to, Oct. 1, 1953.” The intra- C.A.B. 1288 (1959)). Wien’s service mail rate of the Act have not been observed. The for its entire system is still $1.29 per ton- 6 Order E-24675, dated Jan. 24, 1967, refer­ mile. 6 Pacific Northern’s nonpriority mail rate ence to routes specified in Order E—22512, See also Braniff-Mid-Continent merger, for intra-Alaska services was at the same dated Aug. 6,1965. effective Aug. 16, 1952; 15 C.A.B. 708 (1952), level as that carrier’s priority mail rate. 7 Continental-Pioneer Acquisition, 20 C.A.B. 16 C.A.B. 68 (1952), 18 C.A.B. 162 (1953), 18 17 C.A.B.898 (1953). 323, 329, note 21 (1955). C.A.B. 764 (1954).

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3015 carrier’s mail rates are closed prior to separately for mail-rate purposes. The n . Establishment of Service M ail R ate merger, payments end with the termina­ Board reviewed the history of the for States-A laska and Intra-A laska tion of the carrier’s existence; 11 if its language used in mail rate orders and S ervice mail rates are open on the merger date, rejected Eastern’s contention, saying, the Board later fixes final rates for the “We believe the reasonable interpretation The petition filed by the Postmaster carrier up to that date.12 In some cases, a of the order requires the opposite con­ General which opened the States-Alaska surviving carrier’s closed rates are sub­ clusion. As we have pointed out, the service mail rates of ASA, Northwest, and sequently opened by the Board or the language of the order prima facie is of Pan American on August 16, 1967, re­ carrier, and new system rates are set future applicability, and the treatment quests the Board to fix a temporary serv­ for the future.13 When two or more car­ by the Board and the carriers of this ice mail rate applicable to these services riers have consolidated to form a new and like language in system mail rates on and after August 16, 1967, consisting corporate entity to which the certificates clearly evidences that the 1945 rate order of the linehaul and terminal charges are transferred, the Board has held that was intended to apply to after-certifi­ specified in the domestic temporary mail no mail rate is in force and has fixed cated routes. We are further impelled to rate order, E-24675, January 24, 1967. In this conclusion by general considerations support of his petition, the Postmaster rates for the new carrier.11 General states that the 47-cent rate ap­ That the language of the Board’s mail applicable to rate making and system rates.” 15 The Board continued: 16 plicable to States-Alaska services rate orders was deliberately framed to stemmed from an administrative separa­ apply to after-acquired routes was made The practice of fixing a system rate which tion of service and subsidy mail com­ clear in 1950 in Eastern A.L., Puerto remains applicable to a carrier’s entire sys­ pensation, and was not the result of any Rico Mail Rates, 11 C.A.B. 479. In that tem irrespective of any later modifications detailed study of mail cost; that since case the Board held that Eastern’s exist­ therein works no hardship on the carrier. the fixing of that rate in 1953 the car­ ing system mail rate was applicable to It is in the best position to be currently informed of the changes in its system and riers have experienced decreasing costs an after-acquired overseas route and their probable effect on the adequacy of the due to modem jet equipment and im­ explained the purpose and effect of the system rate. At any time it has reason to proved load factors; that a comparison of clause in mail rate orders, like the one believe that its system rate will no longer the 47-cent rate with general commodity applicable to Western’s system, providing be adequate because of later modifications freight rates averaging 22-33 cents per that the rate applies between points be­ in the system or other changes it can open ton-mile is only one indication that the tween which the carrier presently or the rate for review, either as to the system or as to the new route, by filing an appro­ present mail rate is excessively high; hereafter is authorized to carry mail by priate mail-rate petition. Similarly the and that there is economic justification its certificates. Eastern advanced the Government is protected against the effect for identifying the States-Alaska route argument (similar to Western’s) that, of later events which make a rate excessive as a domestic stub-end, similar to the although its mail rate order did not dis­ by the power of the Board to initiate a mail- West Coast-Hawaii and East Coast- rate proceeding and the power of the Post Puerto Rico segments which are compen­ tinguish between overseas or foreign Office Department to file a mail-rate petition. sated at the domestic level. routes and domestic routes, the system No final mall rate was in effect for A timely answer opposing the Post­ rate was not applicable to its new over­ Western on July 1, 1967, the date of the master. General’s petition was filed by seas route because of the Board’s “estab­ Pacific Northern merger. As noted pre­ Pan American.12 Pan American states lished policy” of treating such routes viously, a temporary rate had been made that its costs for fiscal 1967 in States- applicable on and after January 1, 1967, Alaska mail service were 52 cents per ton- mile; that the costs of ASA and Pacific 11 West Coast-Empire merger, effective to Western’s system as constituted then Aug. 1, 1952, 15 C.A.B. 971 (1952). “Empire or subsequently. It is clear from the fore­ Northern relied upon by the Postmaster has received compensation under final rates going discussion that, upon the transfer General are misleading and not represen­ for mail transportation from October 1, 1949, of Pacific Northern’s certificates to tative of the mail costs because they in­ to July 31, 1952, inclusive, when the carrier Western, the mail rates previously estab­ cluded substantial low-cost nonscheduled ceased all operations” (17 C.A.B. 885, 888 lished for Pacific Northern came to an and charter operations; and that, even (1953)). end and that Western’s temporary sys­ though costs may have gone down since 12 Eastern-Colonial case, supra, and A CEA tem rate became applicable at that time 1953, that doesn’t necessarily require a and Frontier cases, infra. to the surviving carrier’s operations over mail rate reduction since the 1953 rates 13 Delta-C & S merger, 16 C.A.B. 647 (1952), were administratively determined. 22 CA.B. 626 (1955); Continental-Pioneer its newly acquired routes. On August 28, acquisition, 20 C.A.B. 323 (1955), 21 C.AJB. 1967, final service mail rates were estab­ After the filing of the instant petition 811 (1955); West Coast-Empire case, supra. lished ' effective January 1, 1967, for by the Postmaster General, the Board 14 The consolidation of Alaska Coastal Air- Western’s routes other than its States- issued its decision in the Domestic Serv­ lines and Ellis Air lines and the transfer of Alaska and intra-Alaskan routes.17 Thus, ice Mail Rate Investigation, Order their certificates to Alaska Coastal-El lis Air­ the mail rates for Western’s Alaska E-25610, August 28, 1967, which fixed lines (ACEA) were effective Apr. 1, 1962 (35 routes remain open, the temporary rate final domestic service mail rates on a C.A.B. 832). At the time, the system service multielement basis consisting of (1) a mail rate of both carriers was $2.50 per ton- continues to be applicable, and final rates mile (17 C.A.B. 898 (1953)); the subsidy must be established for these operations linehaul rate of 24 cents per nonstop rates of both were open. In Order E-18196, from the merger date. great circle mail ton-mile and (2) termi­ issued Apr. 10, 1962, the Board said that, For the reasons set forth in Part II of nal charges of 2.34, 4.68, and 9.36 cents “since the consolidation has resulted in a this order, the Board proposes to estab­ per pound of mail enplaned at Classes new company, there are no mail rates cur­ lish final service mail rates for Western’s X, Y, and Z stations respectively, ac­ rently in force for its operations.” The Board Alaska operations at the level of its cording to the station classifications in therefore instituted a proceeding to deter­ domestic service mail rate for States- the appendix thereto. On the basis of the mine both subsidy and service mail rates to considerations discussed below, the be paid ACEA after Apr. 1, 1962. The final Alaska service, and at $1.29 per ton-mile service rate was fixed in 36 C.A.B. 798 (1962), for intra-Alaska service.18 Board has determined to grant the peti­ and the final subsidy rate in Order E-20790 tion of the Postmaster General and to (1964). The Board subsequently determined ' » Il C.A.B., p. 484. propose the establishment of final service final subsidy rates for each carrier for the 11 CAB., p. 485. past open-rate periods, which terminated on 17 Order E-25610. the date of consolidation (37 C.A.B. 343 18 There is no issue now before the Board 19 Answers were due within 7 days after fil­ (1963), 38 C.A.B. 782 (1963)). concerning which nonpriority mail rate is ing of the petition, or by Aug. 25, 1967. Rule A similar earlier case is the Monarch - Chal­ applicable to Western’s States-Alaska serv­ 302.6(c) of the procedural regulations. West­ lenger-Arizona merger and the formation ices, because the States-Alaska nonpriority ern filed an answer on Aug. 28, 1967, and °f Frontier Airlines. Monarch-Challenger rate was specifically made applicable to West­ Northwest filed an answer on Sept. 12, 1967, merger, l l C.A.B. 33 (1949); Monarch- ern by the orders establishing the rate. Non­ both opposing the petition. Neither of these Arizona merger, 11 C.A.B. 246 (1950); Mon­ priority Mail Rate Case, 34 C.A.B. 143, 158 late-filed answers requests leave to be con­ arch and Challenger final rates prior to (1961), as amended by Order E—24247, Sept. sidered in this proceeding, nor do they pre­ merger, 15 C.A.B. 840 and 519 (1952); Fron­ 30, 1966. This rate was opened by the Post­ sent any explanation for tardy filing. How­ tier rates subsequent to merger, 15 C.A.B. master General’s petition in Docket 18381, ever, the Board has considered these late-filed 495 (1952). Apr. 6, 1967. answers in the disposition of this matter.

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3016 NOTICES mail rates for States-Alaska service of quite sharp, as the following tablé 21514, November 19, 1964.22 However, the three carriers at the same level as illustrates: when the Board opened Northwest’s the final rates applicable in domestic transpacific rates by Order E-24579, mail service. In addition, the Board pro­ Operating cost per revenue December 29,1966, it did not open North­ poses to establish final rates for West­ ton-mile1 Trend west’s 36-cent States-Alaska rate over Calendar (1957- ern’s States-Alaska service at this same year 100) segment 2. Therefore, the petition of the level, and for its intra-Alaska services at ASA Pacific Average Postmaster General had the effect of $1.29 per mail ton-mile. The final rates Northern opening this States-Alaska rate on established for ASA, Northwest, and Pan August 16, 1967. Cents Cents Cents Northwest has filed a motion seeking American will be effective on and after 1957...... 80.69 51.29 60.35 100 August 16, 1967, and the final rates es­ 1958______75.90 50.86 58.81 97 clarification of the-status of its mail rate tablished for Western will be effective on 1959____. . . . . 51.46 54.25 53.00 88 over segment 2 and requests that if this I960. ______44.54 50.38 47.65 79 and after Júly 1, 1967. 1961______52.40 46.76 49.15 81 rate is not now included in the Trans­ 1962...... 41.66 51.53 46.62 77 pacific Mail Rate Proceeding that the The basic reasons for finding it reason­ 1963...... 53.98 52.82 53.27 88 able to fix the rates applicable to States- 1964______41.96 42.48 42.26 70 Board issue an order severing the issue 1965______42.07 37.70 39.26 65 of the rate for segment 2 from the Alaska Alaska mail service, on a final basis, 55 at the domestic level are the close prox­ 1966______31.72 34.65 33.10 Mail Rate Proceeding and Consolidating imity of costs of the two groups of car­ it with the Transpacific Mail Rate Pro­ riers and the significantly declining cost 1 See footnote 20, supra. ceeding. In support thereof Northwest pattern of the States-Alaska carriers. Source: CAB Handbook of Airline Statistics, CAB asserts that segment 2 has historically Air Carrier Traffic Statistics, and CAB Air Carrier been treated ás a part of the transpacific Relative costs. The similar cost levels Financial Statistics. services for rate-fixing purposes, a com­ of the trunkline carriers’ domestic and Again, we do not have comparable mon rate has heretofore applied to these stub-end services on the one hand, and data for Northwest and Pan American services, and it is the only carrier oper­ the costs of ASA and Pacific Northern on in this analysis because for some of these ating over this segment. In addition, the other, for calendar year 1966 are years the States-Alaska data were re­ Northwest states that while it keeps sep­ demonstrated below: ported in the carriers’ Pacific division arate statistical and revenue data for Operating cost results and a more detailed allocation per revenue its Seattle-Anchorage service, Northwest ton-m iles20 would be required. During the past dec­ consolidates its data for segment 2 with Carriers (cents) ade, from calendar year 1957 through its transpacific data because of the oper­ calendar year 1966, Northwest’s adjusted Am erican______30.87 ational relationships. It is asserted that Eastern ______39.82 operating costs per revenue ton-mile in investigation of the segment 2 rate in Trans World (domestic) ------36.03 its Pacific operations declined from 38.83 the Alaska Mail Rate Proceedings will United------36.10 cents to 14.68 cents, or 62 percent. Pan confuse and obscure the issues therein Total, Big Po u r------35.14 American’s comparable costs were 40.24 and will impose a burden on the parties cents in 1957, and 16.64 cents in 1966, a in segregating and interpreting the seg­ Braniff (domestic) ______39.83 59 percent reduction. In 1966 the cost Continental______20.45 ment 2 data. D elta______32.11 level of these carriers’ Pacific operations While it is true that historically the National______33.21 was substantially below the domestic segment 2 rate has been included in the Northeast______48.30 trunkline average of 34.03 cents: Pan transpacific rate proceeding, and in­ Northwest (domestic) ------32.70 American was 51 percent below the do­ clusion of this rate in the Alaska Mail W estern______33.05 mestic level and Northwest 57 percent Rate Proceeding may work some addi­ Total—Other trunk______31. 67 below that level. tional burden on the parties in segre­ Total—Dom estic______34. 03 Pan American did report its States- gating and interpreting data, the Board Alaska Airlines ______31.72 Alaska operating d a t a separately prefers to establish all States-Alaska Pacific Northern______*___34.65 through 1964, and from 1957 through mail rates in a single proceeding, and Total—ASA and 1964 its adjusted cost per revenue ton- Northwest’s motion to sever and con­ Pacific N orthern_;______33.10 mile declined from 52.25 cents to 44.41 solidate will therefore be denied. The cents, or 15 percent. Additional econo­ Board is not aware of any gross differ­ 2° Based on reported total operating ex­ penses, less passenger service, promotion and mies in that carrier’s States-Alaska ences in the cost characteristics over the sales, and associated general and admin­ service were expected in 1965 and there­ different segments of Northwest’s Alaska istrative expenses. after resulting primarily from route Route 140 which would réquire disparate realignments in 1965.21 While the States- treatment in establishing the mail rate S o u r c e : CAB Air Carrier Traffic Statistics and CAB Air Carrier Financial Statistics. Alaska operating costs of Northwest and over this route, or which would warrant Pan American may not have declined a dual rate leyel for Northwest’s States- It has not been feasible, because of . as sharply as those of their overall Alaska mail services. the allocation problems involved, to at­ Pacific operations, it nonetheless appears The remaining open rate to be con­ tempt to separate Northwest’s and Pan that these two carriers have likewise ef­ sidered is Western’s intra-Alaska rate. American’s States-Alaska costs from the fected substantial unit cost reductions Pacific Northern’s rate for this service costs reported for their extensive Pacific in their States-Alaska operations over was established at $1.29 per mail ton- operations. However, the general cost the past decade. mile in 17 CAB 898.23 The Board proposes trends of both Northwest and Pan Amer­ As noted earlier, the petition of the to establish a final intra-Alaska rate for ican have been downward since 1954, the Postmaster General opened all of the Western on and after July 1, 1967, at cost level of their Pacific operations is States-Alaska mail rates of ASA, North­ that same level. The intra-Alaska serv­ far below that of both the domestic ice mail rates were fixed at $1.29 per ton- trunkline and the other two States- west, and Pan American, including mile for the larger intra-Alaska carriers Alaska carriers, and it appears reason­ Northwest’s mail rate for services over and $2.50 per ton-mile for the smaller able to assume that Northwest’s and Pan segment 2 of its Route 140 (New York- intra-Alaska carriers. These rates reflect Chicago-Minneapolis/St. Paul-Anchor­ the difficult operational characteristics American’s States-Alaska operations and high cost level of the intra-Alaska have to a considerable degree partici­ age) . Northwest’s mail rate over segment 2 had theretofore been established, along carriers. In addition, to fix Western’s pated in this pattern. Referring to the intra-Alaska rate at a lower level would relationships in the preceding table, it with its transpacific mail rates, at 36 be disruptive of the entire intra-Alaska appears that in 1966 the other two cents per mail ton-mile by Order E- States-Alaska carriers actually exper­ 22 The Seattle/Portland-Anchorage States- 21 Pacific Northwest-Alaska Air ServiceAlaska rates of all four carriers were estab­ ienced a lower cost level than the do­ Case, Order E-21955, Mar. 26, 1965. It was lished at 47 cents per mail ton-mile in 17 mestic trunkline industry. estimated the route pattern established in CAB 898 (ASA, Pacific Northern, and Pan that proceeding would improve Pan Ameri­ American) and Order E-21514 (Northwest). Cost trend. The downward cost trend can’s operating results by $2 million an­ 23 This rate was applicable to both priority of the States-Alaska carriers has been nually. Id., mimeo p. 27. and nonpriority mail.

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3017 mail services because competing carriers and air parcel post) for which a separate fair and reasonable rates of compensa­ conducting marginal operations would be rate has been or hereafter may be tion to be paid.by the Postmaster Gen­ forced to equalize and transport mail at established. eral to Alaska Airlines, Inc., Northwest a noncompensatory level or lose the mail (5) The fair and reasonable rate of Airlines, Inc., and Pan American World entirely. compensation to be paid by the Post­ Airways, Inc., on and after August 16, 1967, for the transportation of mail by Findings and Conclusions master General on and after July 1, 1967, for the transportation of mail by aircraft, the facilities used and useful On the basis of the foregoing, the aircraft, the facilities used and useful therefor, and the services connected Board has reached the following pro­ therefor, and the services connected therewith for operations over their routes posed conclusions: therewith to Western Air Lines, Inc., for authorized under certificates for States- (1) The fair and reasonable rates of operations over its routes between points Alaska air transportation which are in compensation to be paid by the Post­ within the State of Alaska as authorized effect on or subsequent to August 16, master General for the transportation of under certificates for air transportation 1967, between points within the 48 con­ mail by aircraft, the facilities used and which are in effect on or subsequent to tiguous States and the District of Colum­ useful therefor* and the services con­ July 1, 1967, shall be $1.29 per mail ton- bia, on the one hand, and, on the other, nected therewith between points within mile, computed in accordance with the points in the State of Alaska, is con­ the 48 contiguous States and the District provisions of Order E-7721 (17 C.A.B. solidated herein. of Columbia, on the one hand, and, on 898) .* 3. The petition of Western Air Lines, the other^ points in . the State of Alaska (6) The final service mail rates herein Inc., for declaratory order in Docket to: established for (A) Alaska Airlines, Inc., 18784, except to the extent granted Western Air Lines, Inc., and Pan American World Airways, Inc., herein, is denied. on and after July-1,1967', and to: shall supersede their States-Alaska rates 4. The motion of Northwest Airlines, established by Order E-7721, Septem­ Alaska Airlines, Inc. Inc., for severance and consolidation in Northwest Airlines, Inc. ber 16, 1953 (17 CAB 898); (B) North­ Dockets 18078 and 18918, is denied. Pan American World Airways, Inc. west Airlines, Inc., shall supersede its 5. Alaska Airlines, Inc., Northwest Air­ States-Alaska rates established by Order lines, Inc., Pan American World Airways, on and after August 16, 1967, for opera­ E-21514, November 19, 1964; and (C) tions over their routes as authorized Inc., Western Air Lines, Inc., and the Western Air Lines, Inc., are applicable Postmaster General are directed to show under certificates for States-Alaska air to operations over its States-Alaska transportation, shall be the domestic cause, if there be any, why the Board and intra-Alaska routes for which no should not adopt the foregoing proposed service mail rate established in Order final mail rates have heretofore been E-25610, August 28, 1967, computed .in findings and conclusions and fix, deter­ established. mine, and publish as the fair and rea­ accordance with the provisions of that Accordingly, pursuant to the Federal order. sonable final , rates of compensation to be Aviation Act of 1958, and particularly paid the above-named air carriers for (2) The rates established in para­ sections 204(a) and 406 thereof, and graph (1), above, shall be incorporated the transportation of mail by aircraft, pursuant to the regulations promulgated the facilities used and useful therefor, into Order E-25610, August 28, 1967, by in 14 CFR Part 302: It is ordered That: the following amendments thereto:** and the services connected therewith, the (A) Following the date “January 1, 1. An investigation is hereby instituted service rates as set forth in the above 1967” which appears in Order E-25610 on to fix and deterpiine the fair and reason­ proposed findings and conclusions. line 2 of paragraph (2), mimeo p. 1, and able rates of compensation to be paid by 6. Further procedures herein shall be again on the 7th full line of paragraph the Postmaster General to Western Air in accordance with 14 CFR Part 302; (2) appearing on mimeo p. 2, there shall Lines, Inc., on and after July 1, 1967, for and, if there is any objection to the be added: “ (Provided, however, That the transportation of mail by aircraft, rates or to the other findings and con­ with respect to States-Alaska operations the facilities used and useful therefor, clusions specified herein, notice thereof the effective date shall be July 1, 1967, and the services connected therewith for must be filed within 10 days, and written for Western Air Lines, Inc., and August operations over its routes authorized answer and supporting documents must 16,1967, for Alaska Airlines, Inc., North­ under certificates for air transportation be filed within 30 days, after the date west Airlines, Inc., and Pan American which are in effect on or subsequent to of service of the present order. World Airways, Inc.) ” ; July 1, 1967 (A) between points within 7. If notice of objection or answer is (B) Between the words “other,” and the 48 contiguous states and the District not filed, as specified in 14 CFR Part 302 “Honolulu, Hawaii” on the fifth full line of Columbia, on the one hand, and, on and this order, all persons shall be of paragraph (2) appearing on mimeo the other, points in the State of Alaska; deemed to have waived the right to a p. 2 of Order E-25610, add: “points in the and (B) between points within the State hearing and all other procedural steps State of Alaska,” ; of Alaska. short of an order fixing final service mail (C) Under “Western Air Lines, Inc.” 2. The proceeding instituted by the pe­ rates, and the Board may enter an order in the list of carriers appearing in para­ tition of the Postmaster General in incorporating the findings and conclu­ graph (2) on mimeo p. 2 of Order Docket 18918 to fix and determine the sions proposed herein and fixing and E-25610, add “Alaska Airlines, Inc.”. determining the final rates herein (3) The stations included in the sta­ 85 The States-Alaska rate of 47. cents per specified.“ tion classes for purposes of applying the ton-mile established for Pacific Northern in 8. If notice of objection and answer terminal rate per pound shall be as speci­ 17 C.A.B. 898 was also applicable between are filed presenting issues for hearing, Ketchikan and other intra-Alaska points due fied in Order E-26187, December 28, the issues thereafter in determining the 1967, and in the appendix hereto. to a provision in the rate order (Explanatory (4) The rates established in para­ Note J, appearing at 17 C.A.B. 901) which fair and reasonable final rates herein made the States-Alaska rate applicable to in­ shall be limited to those specifically graph (l), above, do not apply to the termediate points served pursuant to certifi­ transportation of first-class and other cates for States-Alaska services. Pacific North­ raised by such answer except as other­ preferential mail (other than air mail ern’s certificate for States-Alaska services wise provided in 14 CFR 302.307. (Route 139) named Ketchikan as an interme­ 9. This order shall be served upon the The States-Alaska mail rates are beln| diate point, but Ketchikan was not named as incorporated into the domestic mail rat< a point in Pacific-Northern’s certificate for air carrier parties to this proceeding order to eliminate States-Alaska service as i intra-Alaska services (Route 142). Order named in ordering paragraph 5, above, separate ratemaking division not encom­ E-21955, March 26, 1965. These certificates and upon the Postmaster General. passed within Order E-25610 (as defined ii have been reissued to Western by Order ordering paragraph (2)3, mimeo p. 3 thereof) E-25354, June 28, 1967. However, the instant a the computation of terminal charges show cause order proposes to establish the 28 In the event that objection is filed to ^wever, the intra-Alaska mail services o: $1.29 per ton-mile intra-Alaska rate for all of some of the proposed rates, but not to others, m v ianc* Western remain as separate rate- Western’s intra-Alaska mail services, includ­ the Board may forthwith fix as final rates aking divisions not encompassed withii ing service between Ketchikan and other those proposed rates which have not been Order E-25610. points within the State of Alaska. objected to.

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY; FEBRUARY 15, 1968 3018 NOTICES

10. This order will be published in theMr. W. R. Purnell, District Manager, Ameri­ CHINA NAVIGATION CO., LTD., AND F ederal R egister. can Mail Line, Ltd., 601 California Street, Suite 610, San Francisco, Calif. 94108. AMERICAN MAIL LINE, LTD. By the Civil Aeronautics Board. Agreement No. 9693, between Ameri­ Notice of Agreement Filed for [seal] H arold R. Sanderson, can Mail Line, Ltd., and Jayanti Ship­ Approval Secretary. ping Co., Ltd., establishes a through Notice is hereby given that the follow­ Airmail billing arrangement for the movement of general cargo from ports in Alaska, ing agreement has been filed with the CLASSIFICATION OF STATIONS FOR DETERMINA­ Commission approval pursuant to sec­ TION OF TERMINAL CHARGES Washington, and Oregon to ports in India with transshipment at ports in tion 15 of the Shipping Act, 1916, as Class X Stations 1 amended (39 Stat. 733, 75 Stat. 763, Japan in accordance with terms and con­ 46 U.S.C. 814). Anchorage, Alaska. ditions set forth in the agreement. Interested parties may inspect and ob­ Class Y Stations1 Dated: February 12,1968. tain a copy of the agreement at the Fairbanks, Alaska. By order of the Federal Maritime Washington office of the Federal Mari­ Juneau, Alaska. Commission. time Commission, 1321 H Street NW., Class Z Stations1 T homas Lisi, Room 609; or may inspect agreements at Secretary. the offices of the District Managers, New Cordova, Alaska. York, N.Y., New Orleans, La., and San Ketchikan, Alaska. [F.R. Doc. 68-1900; Filed, Feb. 14, 1968; Kodiak, Alaska. 8:48 a.m.] Francisco, Calif. Comments with refer­ Yakutat, Alaska. ence to an agreement including a request [F.R. Doc. 68-1888; Filed, Feb. 14, 1968; AMERICAN MAIL LINE, LTD., AND for hearing, if desired, may be submitted 8:47 a.m.] to the Secretary, Federal Maritime Com­ SHIPPING CORPORATION OF IN­ mission, Washington, D.C. 20573, within DIA, LTD. 20 days after publication of this notice Notice of Agreement Filed for in the Federal R egister. A copy of any FEDERAL MARITIME COMMISSION such statement should also be forwarded Approval to the party filing the agreement (as in­ AMERICAN MAIL LINE, LTD., AND Notice is hereby given that the follow­ dicated hereinafter) and the comments JAYANTI SHIPPING CO., LTD. ing agreement has been filed with the should indicate that thi& has been done. Commission for approval pursuant to Notice of agreement filed for approval Notice of Agreement Filed for section 15 of the Shipping Act, 1916, as by: Approval amended (39 Stat. 733, 75 Stat. 763, 46 Mr. W. R. Purnell, District Manager, Ameri­ U.S.C. 814). can Mail Line, Ltd., 601 California Street, Notice is hereby given that the follow­ Interested parties may inspect and ob­ Suite 610, San Francisco, Calif. 94108. ing agreement has been filed with the Commission for approval pursuant to tain a copy of the agreement at the Agreement 9478-1, between China Washington office of the Federal Mari­ Navigation Co., Ltd., and American Mail section 15 of the Shipping Act, 1916, as time Commission, 1321 H Street NW., amended (39 Stat. 733, 75 Stat. 763, 46 Line, Ltd., amends the basic transship­ Room 609; or may inspect agreements at ment agreement to permit transship­ U.S.C. 814). the offices of the District Managers, New Interested parties may inspect and ob­ ment by the parties in Japan—in ad­ York, N.Y., New Orleans, La., and San dition to Hong Kong. tain a copy of the agreement at the Francisco, Calif. Comments with refer­ Washington office of the Federal Mari­ ence to an agreement including a request Dated: February 12,1968. time Commission, 1321 H Street NW., for hearing, if desired, may be submitted Room 609; or may inspect agreements at By order of the Federal Maritime Com­ to the Secretary, Federal Maritime Com­ mission. the offices of the District Managers, New mission, Washington, D.C. 20573, within York, N.Y., New Orleans, La., and San T homas Lisi, 20 days after publication of this notice in Secretary. Francisco, Calif. Comments with refer­ the F ederal R egister. A copy of any such ence to an agreement including a request statement should also be forwarded to [F.R. Doc. 68-1903; Filed,. Feb. 14, 1968; for hearing, if desired, may be submitted the party filing the agreement (as indi­ 8:48 am.] to the Secretary, Federal Maritime Com­ cated' hereinafter) and the comments mission, Washington, D.C. 20573, within should indicate that this has been done. HELLENIC LINES, LTD., AND SEA- 20 days after publication of this notice in Notice of agreement filed for approval LAND SERVICE, INC. the F ederal R egister. A copy of any such by: statement should also be forwarded to Notice of Agreement Filed for Mr. W. R. Purnell, District Manager, Ameri­ the party filing the agreement (as indi­ can Mail Line, Ltd., 601 California Street, Approval cated hereinafter) and the comments Suite 610, San Francisco, Calif. 94108. should indicate that this has been done. Notice is hereby given that the follow­ Agreement No. 9694, between Ameri­ ing agreement has been filed with the Notice of agreement filed for approval Commission for approval pursuant to by: can Mail Line, Ltd., and Shipping Corpo­ ration of India, Ltd., establishes a section 15 of the Shipping Act, 1916, as through billing arrangement for the amended (39 Stat. 733, 75 Stat. 763, 46 1 See the following table: movement of cargo from ports in Alaska, U.S.C. 814). Washington, and Oregon to ports in Interested parties may inspect and ob­ Class of Revenue tons all Terminal India with transshipment at ports in tain a copy of the agreement a t . the station traffic enplaned per rate per Japan in accordance with terms and Washington office of the Federal Mari­ year pound conditions set forth in the agreement. time Commission, 1321 H Street NW., Room 609; or may inspect agreements at Cents Dated: February 12,1968. X ...... 2 5 ,0 0 0 and over______2 .3 4 the offices of the District Managers, New V 5,000-24,999 ...... 4 .6 3 By order of the Federal Maritime York, N.Y., New Orleans, La., and San z ______4^999 or le ss ...... 9 .3 6 Commission. Francisco, Calif. Comments with refer­ T homas Lisi, ence to an agreement including a request Stations classified In accordance with the for hearing, if desired, may be submitted revenue tons of traffic originating at the Secretary. station for the 12 months ended Sept. 30, [F.R. Doc. 68-1901; Filed, Feb. 14, 1968; to the Secretary, Federal Maritime Com­ 1967. 8:48 a.m.] mission, Washington, D.C. 20573, within

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3019

20 days after publication of this notice LYKES BROS. STEAMSHIP CO., INC., of tea and sisal, from ports in Portuguese in the Federal R egister. A copy of any AND LENOX AND CO. (PTY.) LTD. East Africa (Mozambique)' and Indian such statement should also be forwarded Ocean Islands, specifically Seychelles to to the party filing the agreement (as Notice of Agreement Filed for the United States in the Brownsville/Key indicated hereinafter) and the comments Approval West Range with transshipment at a should indicate that this has been done. port in South Africa in accordance with Notice of Agreement filed for approval Notice is hereby given that the follow­ ing agreement has been filed with the terms and conditions set forth in the by: ; Commission for approval pursuant to agreement. Mr. F. Hiljer, Jr., Commerce Manager, Sea- section 15 of the Shipping Act, 1916, as Dated: February 12, 1968. Land. Service, Inc., Terminal and Fleet amended (39 Stat. 733, 75 Stat. 763, 46 Streets, Post Office Box 1050, Elizabeth, By order of the Federal Maritime N.J. 07207. U.S.C. 814). Interested parties may inspect and Commission. Agreement No. 9695 between Hellenic obtain a copy of the agreement at the T homas Lisi, Lines, Ltd., and Sea-Land Service, Inc., Washington office of the Federal Mari­ Secretary. establishes a through billing arrange­ time Commission, 1321 H Street NW„ [F.R. Doc. 68-1899; Filed, Feb. 14, 1968; ment from ports in Puerto Rico to the Room 609; or may inspect agreements 8:48 a.m.] following ports of call of the destination at the offices of the District Managers, carrier: New York, N.Y., New Orleans, La., A. Ports in the Persian Gulf and ad­ and San Francisco, Calif. Comments with reference to an agreement including a FEDERAL POWER COMMISSION jacent waters west of Karachi and north­ request for hearing, if desired, may be [Docket No. RI68—424 etc.] east of Aden, excluding both ports; submitted to the Secretary, Federal B. Red Sea and Gulf of Aden ports; Maritime Commission, Washington, D.C. SUNRAY DX OIL CO. ET AL. and 20573, within 20 days after publication Order Accepting Contract Amendment, C. All ports on the Mediterranean Sea of this notice in the F ederal R egister. Providing for Hearings on and Sus­ (except Spanish and Israeli ports) on the A copy of any such statement should also be forwarded to the party filing the Sea of Marmara and the Black Sea, and pension of Proposed Changes in agreement (as indicated hereinafter) Rates 1 on the Atlantic Coast of Morocco; and the comments should indicate that F ebruary 6, 1968. with transshipment at the Port of New this has been done. Notice of agreement filed for approval The above-named Respondents have York in accordance with terms and con­ by: tendered for filing proposed changes in ditions set forth in the agreement. Mr. J. Curl, Assistant Vice President, Traffic, presently effective rate schedules for sales Dated: February 12, 1968. Lykes Bros. Steamship Co., Inc., 821 Gravier of natural gas subject to the jurisdiction Street, New Orleans, La. 70112. of the Commission. The p r o p o s e d By order of the Federal Maritime Com­ mission. Agreement 9692, between Lykes Bros. changes, which constitute increased rates T homas Lisi, Steamship Co., Inc., and Lenox & Co. and charges, are designated as follows: Secretary. (Pty.) Ltd., establishes a through billing [F.R. Doc. 68-1902; Filed, Feb. 14, 1968; arrangement for the movement of pack­ 1 Does not consolidate for hearing or dispose 8:48 am.] aged general cargo, consisting principally of the several matters herein

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

RI68-424.. Sunray D X Oil Co., 80 United Gas Pipe Line Co: $876 1- 8-68 * 2- 8-68 7- 8-68 «20.0 8 4 2L 5 Post Office Box (Pistol Ridge, Maxie Area, 2039, Tulsa, Okla; Forrest, Lamar, and Pearl 74102, Attn: Homer River Counties, Miss.). E. McEwen, Jr.r Esq, ~ — do__ l______201 South Texas Natural Gas 306 1- 8-68 « 2- 8-68 7- 8-68 «15.0 »«1&Û Gathering Co. (Jay Simmons Field, Starr County, Tex.) (RR. District No. 4). ------do______132 United Fuel Gas Co. (Cole’s 1,522 1-15-68 « 2-15-68 7-15-68 « « 18.3 « 7 » io 21,5 Gully Area, Acadia Parish, La.) (South Louisiana). 197 Trunkline Gas Co. (South (“) 1-15-68 «2-15-68 7-15-68 * w 18.3 41 » io 19.3 Bearhead Creek Field, Beauregard Parish, La.) (South Louisiana). Transcontinental Gas Pipe 7,573 1-15-68 »2-15-68 7-15-68 « » 15.75 4 10 « 23.55 Line Co. (Egan Field, Acadia Parish, La.) (South Louisiana). 216 Transcontinental Gas Pipe 5,432 1-15-68 «2-15-68 7-15-68 « w 17.5 410 « 23.55 Line Co. (Church Point Field, Acadia Parish, La.) (South Louisiana). Northern Natural Gas Co: 142 1- 8-68 « 2- 8-68 7- 8-68 « »« 11.0 8 lo u 12. o (Hugoton Field, Texas County, Okla.) (Panhandle Area). 66 Northern Natural Gas Co. 187 1- 8-68 « 2- 8-68 7- 8-68 « » 11.0 810 H 12.0 (Guymon-Hugoton Field, Texas County, Okla.) (Panhandle Area). Natural Gas Pipe Line Co. 785 1- 8-68 « 3-21-68 8- 21-68 « 1016.0 e io u is. 4 of America (Camrick Field, Texas County, Okla.) (Panhandle Area). 182 M 4 Panhandle Eastern Pipe Line 1- 8 -6 8 « 2- 8-68 (Accepted) 182 6 Co. (Leslie Field, Meade 476 1 - 8 -6 8 « 2- 8-68 ,7- 8-68 « m 15.0 8 17 20 1 7 . 0 County, Kans.). ------do______166 Panhandle Eastern Pipe Line 1,140 1-10-68 « 3-22-68 8- 22-68 »16.0 « 1818.2 Co. (Camrick Field, Texas County, Okla.) (Panhandle Area). See footnotes on page 8021. FEDERAL REGISTER, V O L 33. NO. 32— THURSDAY, FEBRUARY 15, 1968 3020 NOTICES

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

...... do...... - ...... 230 4 Panhandle Eastern Pipe Line 347 1- 10-68 » 2- 10-68 7-10-68 « 2« 15.0 8 19 20 17# 9 Co. (Northwest Avard • Field, Woods County, Okla.) (Oklahoma“ Other” Area). 267 5 Michigan-Wisconsin Pipe 101 1- 10-68 « 2- 10-68 7-10-68 2» 17.0 1 10 20 19. o Line Co. (Wheelock Unit No. 2. Woodward Field, Okla.) (Panhandle Area)...... do...... 61 7 Cities Service Gas Co. 1,575 1-15-68 «2-15-68 7-15-68 »» 11.0 * lo » 12. 5 (Hugoton Field, Kearny County, Kans.)...... do__ —...... 102 10 Colorado Interstate Gas Co. 238 1-15-68 «2-15-68 7-15-68 * io 12.0 T« » 13.5 (Hugoton Field, Kearny County, Kans.)...... do______112 3 Plateau Natural Gas Co. 212 1-15-68 «2-15-68 7-15-68 » 22 12. 0 8 21 22 14, 0 (Hugoton Field, Kearny County, Kans.). ____ do...... 116 12 Colorado Interstate Gas Co. 4,208 1-15-68 «2-15-68 7-15-68 « 20 is. o 8 17 20 17.0 (Greenwood (Sparks) Field, Stanton County, Kans.)...... do...... 141 8 Northern Natural Gas Co. 542 1-15-68 «2-15-68 7-15-68 « « 13.5 8 10 21 15. 5 (Embry Field, Edwards County, Kans.)...... do...... 145 3 Northern Natural Gas Co. 490 1-15-68 «2-15-68 7-15-68 » io 14.0 8 10 21 16. 0 (Harper Field, Clark County, Kans.)...... do...... 155 10 Northern Natural Gas Co. 2,539 1-15-68 * 2-15-68 7-15-68 6 20 is. o * W 2017.016 (Northeast Glen wood Field, Beaver County, Okla.) (Panhandle Area)...... do...... 163 7 Colorado Interstate Gas Co. 1,012 1-15-68 «2-15-68 7-15-68 « 20 15. o * 112017.015 (Mocane Field, Beaver County, Okla.) (Panhandle 'Area)...... do...... 164 6 Northern Natural Gas Co. 469 1-15-68 «2-15-68 7-15-68 « i» 12.0 8 10 17 17. 0 (Hugoton Field, Finney County, Kans.). 174 5 Colorado Interstate Gas Co. 301 1-15-68 «2-15-68 7-15-68 ' *10 12.0 7 810 13.5 (Hugoton Field, Kearny County, Kans.)...... do...... 275 5 Natural Gas Pipeline Co. df 655 1-15-68 « 3-21-68 8- 21-68 10 16.8 8 10 23 24 18. 415 America (Hobble-McCartar Field. Beaver County, Okla.) (Panhandle Area)...... do...... 177 3 Colorado Interstate Gas Co. 44 1-15-68 «2-15-68 7-15-68 * i» 12.5 »810 13. 5 (Hugoton Field, Kearny County, Kans.)...... do...... 179 2 Texas Gas Transmission 1,511 1-15-68 «2-15-68 7-15-68 » « 2* 18.25 4 7 10 25 19. 75 Corp. (Blackburn Field, Claiborne and Webster Parishes, La.) (North Louisiana)...... do...... 184 6 Panhandle Eastern Pipe Line 1,180 1-15-68 «2-15-68 7-15-68 *15.0 7 8 16.0 Co. (South Hopewell Field, Pratt County, Kans.)...... do...... 191 8 United Gas Pipe Line Co. 695 1-15-68 «2-15-68 7-15-68 * 2* 18.75 4 7 26 21.75 (Calhoun Field, Ouachita Parish, La.) (North Louisiana)...... do...... 203 2 Texas Gas Transmission 3,406 1-15-68 «2-15-68 7-15-68 « »0 2* 18.75 4 7 10 25 20.25 Corp. (Calhoun Field, Ouachita Parish, La.) (North Louisiana)...... do...... 214 4 Northern Natural-Gas Co. 1,828 1-15-68 «2-15-68 7-15-68 * io 16.0 - 7 8 10 17, 0 (Harper Ranch Field. Clark County, Kans.)...... do...... 217 7 Cities Service Gas Co. (Dower m 1-15-68 «2-15-68 7-15-68 « 10 13.0 7 8 1014.0 Field, Barber County, Kans.). RI68-425__ J. M. Huber Corp., 25 5 Northern Natural Gas Co. 370 1- 9-68 «2 - 9-68 7- 9-68 10 17,5 7 8 10 18.5 RI63-208. 2401 East Second (Perryton Field, Ochiltree Ave., Denver, County, Tex.) (RR. Dis­ Colo. 80206. trict No. 10). RI68-426__ Eetrodyne, Inc., 1 8 Arkansas Louisiana Gas Co. 4,032 1- 8-68 « 2- 8-68 7- 8-68 15.0 8 27 17.8 et al., 310 Kermac (Star Field, Blaine County, Bldg., Oklahoma Okla.) (Oklahoma “ Other” City, Okla. 73102. Area). RI68-427__ Mobil Oil Corp. 323 5 Natural Gas Pipeline Co. of 32,127 1- 10-68 « 3- 1-68 8- 1-68 l» 2416.815 » 8 10 24 17,815 RI62-268. (Operator) et al., America (Chitwobd Field, Post Office Box Grady County, Okla.) 2444, Houston, Tex. (Oklahoma “ Other” Area). 77001. RI68-428... John B. Hawley, Jr., 2 lì Northern Natural Gas Co. 19 1- 11-68 « 2- 11-68 7-11-68 » 12.0 78 »13.0 RI62-268. and G. S. David­ (Hugoton Field, Hammer son, Trustee under No. 2 Gas Unit, Haskell John B. Hawley, County, Kans.). Jr., Trust No. 1, 1915 57th Ave. North Minneapolis, Minn. 55430. RI68-431— Sunray D X Oil Co. 183 5 Transcontinental Gas Pipe 33,143 1- 8-68 22- 8-68 7- 8-68 » 28 20.625 4 » 28 23.55 (Operator) et al., Line Co. (Pointe Au Fer Post Office Box Field, Terrebonne Parish, 2039, Tulsa, Okla. La.) (South Louisiana). 74102, Attn: Homer E. McEwen, Jr. Esq.

See footnotes on next page.

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3021

2 The stated effective date is the first day after expiration of the statutory notice. ginning Jan. 1, 1965, and 1-cent periodic increase for each of the next 3 succeeding ' s “ Fractured” rate. Contractually due 22 cents per Mcf plus applicable tax reim­ 5-year periods. bursement. 17 Renegotiated rate increase. * Pressure base is 15.025 p.s.i.a. 1811-Step periodic increase. • Settlement rate as approved by Commission order issued Jan. 29,1965, in Docket w “ Fractured” rate increase. Respondent contractually due 19.5-cent increased No. G-6822 et al. Moratorium on filing increased rates expired Jan. 1,1968. rate. 8 The stated effective date is the effective date requested by Respondent. 20 Subject to upward and downward B.t.u. adjustment. i Periodic rate increase. 212-Step periodic rate increase. 8 Pressure base is 14.65 p.s.i.a. 22 Rate subject to 1-cent deduction for gas containing less than 850 B.t.u.’s per # Inclusive of 1.5-cent tax reimbursement. cubic feet. io Subject to a downward B .t.u. adjustment. 23 8-Step periodic rate increase. n No production during past 12 months. Contract still in effect. 24 Includes 0.015-Cent tax reimbursement. i2 Favored-nation rate increase. 25 Includes 1.75-cent tax reimbursement. is “ Fractured” rate. Contractually due 27.55 cents (25.5-cent base plus 2.05-cent 26 Respondent states there is no production at present time. tax reimbursement). 27 Filing from initial certificated rate to first periodic increase. m Redetermined rate increase. 28 “ Fractured” rate. Contractually due 27.55 cents (25.5-cent base plus 2.05-cent is 12-Step periodic increase. tax reimbursement). 1« Amendment dated Jan. 28, 1965, provides for 17-cent rate for 5-year period be­ 22 Settlement rate as approved by Commission order issued July 30,1962, in Docket Nos. G-13169 et al. Moratorium on filing increased rates expired July 1, 1967. Sunray DX Oil Co. (Sunray) requests suspended and the use thereof deferred there is set forth below paragraph 1 of that Supplement No. 5 to its FPC Gas as hereinafter ordered (except for the the Committee’s Authorization for Sys­ Rate Schedule No. 80 be permitted to supplement set forth in paragraph (1) tem Foreign Currency Operations, as become effective as of January 1, 1968. above). amended at its meeting on November 14, Sunray DX Oil Co. (Operator) et al. (also The Commission orders : 1967, the changes becoming effective as referred to herein as Sunray), requests (A) Sunray’s contract amendment follows: an effective date of January 2, 1968, for dated January 28, 1965, designated as (1) The amendment to paragraph its proposed rate increase. Good cause Supplement No. 4 to Sunray’s FPC Gas 1B(3), effective November 21, 1967; has not been shown for waiving the 30- Rate Schedule No. 182, is accepted for (2) The amendment to paragraph day notice requirement provided in sec­ filing and permitted to become effective 1C(1), effective November 22, 1967. tion 4(d) of the Natural Gas Act to per­ February 8, 1968, the proposed effective 1. The Federal Open Market Committee mit earlier effective dates for Sunray’s date. authorizes and directs the Federal Reserve rate filings and such requests are denied. (B) Pursuant to the authority of the Bank of New York, for System Open Market Thirty of the rate increases filed by Natural Gas Act, particularly sections 4 Account, to the extent necessary to carry out Sunray are filed under rate schedules in­ and 15 thereof, the Commission’s rules the Committee’s foreign currency directive: cluded in Sunray’s company-wide settle­ of practice and procedure, and the reg­ A. To purchase and sell the following ment approved by Commission order is­ ulations under the Natural Gas Act (18 foreign currencies in the form of cable trans­ sued January 29, 1965, in Docket Nos. fers through spot or forward transactions on CFR Ch. I ) , public hearings shall be held the open market at home and abroad, includ­ G-6822 et al. The moratorium period upon dates to be fixed by notices from ing transactions with the U.S. Stabilization for filing increases in excess of the ap­ the Secretary concerning the lawfulness Fund established by section 10 of the Gold plicable area increased rate ceilings, as of the proposed increased rates and Reserve Act of 1934, with foreign monetary provided by the settlement order, expired charges contained in the above-desig­ authorities, and with the Bank for Inter­ January 1,1968. nated rate supplements (except the sup­ national Settlements: Concurrently with the filing of its rate plement set forth in paragraph (A) Austrian schillings. increases, Sunray submitted a contract above). Belgian francs. amendment dated January 28, 1965, (C) Pending hearings and decisions Canadian dollars. Danish kroner. designated as Supplement No. 4 to Sun­ thereon, the above-designated rate sup­ Pounds sterling. ray’s FPC Gas Rate Schedule No. 182,% plements are hereby suspended and the French francs. which provides for its proposed rate in­ use thereof deferred until the date in­ German marks. crease under the rate schedule involved. dicated in the above “Date Suspended Italian lire. We believe that it would be in the public Until’’ column, and thereafter until such Japanese yen. interest to accept for filing Sunray’s further time as they are made effective Mexican pesos. proposed contract amendment to become in the manner prescribed by the Natural Netherlands guilders. effective as of February 8, 1968, the pro­ Norwegian kroner. ) Gas Act. Swedish kronor. posed effective date, but not the proposed (D) Neither the supplements hereby Swiss francs. rate contained therein which is sus­ suspended, nor the rate schedules sought B. To hold foreign currencies listed in pended as hereinafter ordered. to be altered thereby, shall be changed paragraph A above, up to the following All of the producers’ proposed in­ until these proceedings have been dis­ limits: creased rates and charges exceed the ap­ posed of or until the periods of suspen­ (1) Currencies held spot or purchased plicable area price levels for increased sion have expired, unless otherwise forward, up to the amounts necessary to rates as set forth in the Commission’s ordered by the Commission. fulfill outstanding forward commitments; statement of general policy No. 61-1, as (E) Notices of intervention or peti­ (2) Additional currencies held spot or amended (18 CFR 2.56). tions to intervene may be filed with the purchased forward, up to the amount neces­ Federal Power Commission, Washington, sary for System operations to exert a market The proposed changed rates and influence but not exceeding $150 million charges may be unjust, unreasonable, D.C. 20426, in accordance with the rules equivalent; and of practice and procedure (18 CFR 1.8 unduly discriminatory, or preferential, (3) Sterling purchased on a covered or or otherwise unlawful. and 1.37(f) ) on or before March 27,1968. guaranteed basis in terms of the dollar, The Commission finds: By the Commission. under agreement with the Bank of England, (1) Good cause has been shown for ac­ up to $300 million equivalent. [ seal] G ordon M. G rant, C. To have outstanding forward commit­ cepting for filing Sunray’s contract Secretary. amendment dated January 28, 1965, ments undertaken under paragraph A above [F.R. Doc. 68-1792; Filed, Feb. 14, 1968; to deliver foreign currencies, up to the fol­ designated as Supplement No. 4 to Sun­ lowing limits: ray’s FPC Gas Rate Schedule No. 182, 8:45 a.m.] (1) Commitments to deliver foreign cur­ and for permitting such supplement to rencies to the Stabilization Fund, up to $350 become effective on February 8,1968, the million equivalent; Proposed effective date. (2) Commitments to deliver Italian lire, (2) It is necessary and proper in the FEDERAL RESERVE SYSTEM under special arrangements with the Bank Public interest and to aid in the enforce­ FEDERAL OPEN MARKET COMMITTEE of Italy, up to $500 million equivalent; and ment of the provisions of the Natural Gas (3) Other forward commitments to de­ Act that the Commission enter upon Authorization for System Foreign liver foreign currencies, up to $275 million hearings concerning the lawfulness of Currency Operations equivalent. D. To draw foreign currencies and to the proposed changes, and that the In accordance with § 271.5 of its rules permit foreign banks to draw dollars under above-designated rate supplements be regarding availability of information, the reciprocal currency arrangements listed

No. 32- FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3022 NOTICES in paragraph 2 below: Provided, That draw­ [812-2271] ings by either party to any such arrange­ GENERAL SERVICES ment shall be fully liquidated within 12 DICTAPHONE INTERNATIONAL CORP. months after any amount outstanding at that time was first drawn, unless the Com­ ADMINISTRATION Notice of Filing of Application for mittee, because of exceptional circumstances, [Federal Property Management Regs.; Exemption specifically authorizes a delay. Temporary Reg. F-14] F ebruary 9, 1968. N o t e : For paragraph 2 of the authoriza­ tion, see 32 F.R. 9532; for the remaining SECRETARY OF DEFENSE Notice is hereby given that Dictaphone paragraphs, 3 through 10, see 32 F.R. 9583. International Corp. (“Applicant”) , 120 Delegation of Authority Regarding Dated at Washington, D.C., the 8th Old Post Road, Rye, N.Y., a Delaware Natural Gas Rate Proceeding corporation, has filed an application pur­ day of February 1968. 1. Purpose. This regulation delegates suant to section 6(c) of the Investment By order of the Federal Open Market authority to the Secretary of Defense to Company Act of 1940 (“Act” ) for an Committee. represent the customer interest of the order exempting Applicant from all pro­ A rthur L. B roida, Federal Goverment in a natural gas rate visions of the Act and the rules and reg­ Assistant Secretary. proceeding. ulations thereunder. All interested persons are referred to the application on [F.R. Doc. 68-1849; Filed, Feb. 14, 1968; 2. Effective date. This regulation is ef­ 8:45 am.] file with the Commission for a statement fective immediately. of the representations therein, which are 3. Delegation, a. Pursuant to the au­ summarized below. thority vested in me by the Federal Prop­ FEDERAL OPEN MARKET COMMITTEE Applicant was organized by Dicta.- erty and Administrative Services Act of phone Corp. (“Dictaphone” ) under the Current Economic Policy Directive 1949, 63 Stat. 377, as amended, partic­ laws of the State of Delaware on January ularly sections 201(a)(4) and 205(d), In accordance with § 271.5 of its rules 30, 1968. Of the 1,000 authorized shares authority is delegated to the Secretary of common stock, $100 par value, of Ap­ regarding availability of information, of Defense to represent the interest of the plicant, Dictaphone has subscribed for there is set forth below the Committee’s executive agencies of the Federal Gov­ all of the common stock of Applicant Current Economic Policy Directive is­ ernment before the Federal Power Com­ issued and outstanding, consisting of 10 sued at its meeting held on November 14, mission in a proceeding to make changes shares. Dictaphone has paid an aggre­ in the rates and charges of Cities Service 1967.1 gate amount of $1,000 for such stock. Gas Co. for natural gas service. On or before March 1, 1968, Dictaphone The information reviewed at this meeting b. The Secretary of Defense may re­ indicates that, while the direct and indirect will make a capital contribution to Appli­ effects of strikes have been retarding activity delegate this authority to any officer, cant of, or will- purchase additional in some areas of the economy, prospects still official, or employee of the Department of shares for, additional cash, securities, or favor more rapid economic growth in the Defense. other property so that the capital of months ahead. Although prices of farm c. This authority shall be exercised in Applicant will not be less than $1,800,000 products and foods have declined recently, accordance with the policies, procedures, at that date. Any additional securities upward pressures persist on industrial prices which Applicant may issue, other than and costs. While there recently have been and controls prescribed by the General further inflows of liquid funds from abroad Services Administration, and further, debt securities, will be issued only to through foreign branches of U.S. banks, the shall be exercised in cooperation with the Dictaphone. Dictaphone will.continue to balance of payments continues to reflect a responsible officers, officials, and em­ retain its present holdings of Appli­ substantial underlying deficit. Bank credit ployees thereof. cant’s common stock and any additional expansion has continued large. The volume Dated: February 9,1968. securities of Applicant which Dictaphone of new private security issues has expanded may acquire and Dictaphone will not dis­ further and interest rates remain under up­ Lawson B. K nott, Jr., pose of any of Applicant’s securities ward pressure, reflecting in part increased Administrator of General Services. doubts in financial markets concerning en­ (other than debt securities) except to actment of the President’s fiscal program. [F.R. Doc. 68-1893; Filed, Feb. 14, 1968; Applicant or to a wholly owned subsid­ In this situation, it is the policy of the Fed­ 8:48 a.m.] iary of Dictaphone and will cause each eral Open Market Committee to foster fi­ such wholly owned subsidiary not to nancial conditions, including bank credit dispose of Applicant’s securities except growth, conducive to sustainable economic SECURITIES AND EXCHANGE to Dictaphone, Applicant, or a wholly expansion, recognizing the need for reason­ owned subsidiary of Dictaphone. able price stability for both domestic and COMMISSION Dictaphone us principally engaged in balance of payments purposes. the manufacture, sale, and rental of To implement this policy, System open CODITRON CORP. market operations until the next meeting of dictating and recording machines for the Committee shall be conducted with a Order Suspending Trading business use, and is active in the fields of office furniture and temporary office view to maintaining about the prevailing F ebruary 9,1968. personnel services. conditions in the money market, but opera­ It appearing to the Securities and Ex­ tions shall be modified as necessary to mod­ change Commission that the summary Dictaphone is interested in further erate any apparent tendency for bank credit suspension of trading in the common developing and expanding its foreign to expand significantly more than currently stock, $3 par value, of Coditron Corp., operations by increasing investments in expected. New York, N.Y., being traded otherwise its existing foreign subsidiaries and mak­ than on a national securities exchange ing additional investments in foreign Dated at Washington, D.C., the 8th day is required in the public interest and for companies. Dictaphone organized Appli­ of February 1968. the protection of investors: cant to fulfill this objective and at the same time to support the balance-of- By order of the Federal Open Market It is ordered, Pursuant to section payments position of the United States. Committee. 15(c) (5) of the Securities Exchange Act Applicant intends to issue and sell A rthur L. B roida, of 1934, that trading in such securities Assistant Secretary. otherwise than on a national securities not less than $8 million nor more than exchange be summarily suspended, this $10 million (depending on market con­ [F.R. Doc. 68-1850; Filed, Feb. 14, 1968; ditions) of its Guaranteed Debentures 8:45 a.m.] order to be effective for the period Feb­ ruary 10, 1968, through February 19, due 1988 (“Debentures” ) to a group of 1968, both dates inclusive. underwriters for offering and sale only 1 The Record of Policy Actions of the Com­ outside the United States. Dictaphone mittee for the meeting of Nov. 14, 1967, is By the Commission. will guarantee the payment of principal, filed as part of the original document. Copies [seal] O rval L. D uB ois, interest, premium if any, and the sink­ are available on request to the Board of Secretary. ing fund. The Debentures will be con­ Governors of the Federal Reserve System, [F.R. Doc. 68-1858; Filed, Feb. 14, 1968; vertible on and after October 1, 1968, Washington, D.C. 20551. 8:45 a.m.] into common stock of Dictaphone. Any

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3023 additional debt securities of Applicant with the protection of investors and the [70-4575] which may be issued or held by the public purposes fairly intended by the policies will be guaranteed by Dictaphone in a and provisions of the Act for the Com­ GENERAL PUBLIC UTILITIES CORP. manner substantially similar to the mission to enter an order exempting Ap­ Notice of Proposed Issue and Sale of guarantee of the Debentures. The De­ plicant from each and every provison of Notes to Banks and Dealers and the Act for the folowing reasons: (1) bentures will be listed on the Luxem­ Exemption From Competitive Bid­ bourg Stock Exchange. A significant purpose of the Applicant's It is intended that upon completion of to assist in improving the balance of ding the long-term investments of Applicant’s payments program of the United States F ebruary 9,1968. assets, at least 80 percent of all the assets by obtaining funds for foreign operations Notice is hereby given that General of the Applicant, exclusive of U.S. Gov­ in foreign countries; (2) the payment of Public Utilities Corp. (“GPU” ), 80 Pine ernment securities and cash items, will the Debentures to be issued by Applicant Street, New York, N.Y. 10005, a registered consist of investments in or loans to for­ which is guaranteed by Dictaphone and holding company, has filed a declaration eign companies (including U.S. com­ the value of the right to convert the and an amendment thereto with this panies all or substantially all of whose Debentures into shares of Dictaphone’s Commission pursuant to the Public Util­ business is conducted outside the United common stock, do not depend on the ity Holding Company Act of 1935 States) and any company in which Ap­ operation or investment policy of Appli­ (“Act” ), designating sections 6(a) and 7 plicant directly or indirectly invests will cant, for the security holders may ulti­ of the Act and Rule 50(a)(5) promul­ at the completion of the investment be mately look to the business enterprise gated thereunder as applicable to the under the control of Dictaphone within of Dictaphone; (3) none of the securities proposed transactions. All interested per­ the meaning of section 2(a)(9) of the of Applicant (other than debt securities) sons are referred to the declaration, Act, or, if an investment company, a will be held by any person other than which is summarized below, for a com­ wholly owned subsidiary of Dictaphone. Dictaphone or a wholly owned subsidary plete statement of the proposed trans­ Applicant will proceed as expeditiously of Dictaphone; (4) Applicant will not actions. as possible with the long-term invest­ deal or trade in securities; (5) the De­ GPU proposes, from time to time but ment of its assets in the manner de­ bentures will be sold only to foreign not later than December 31,1969, to issue scribed above, will not acquire securities nationals and the burden of the Interest and sell its promissory notes (including for the purpose of resale and will not Equalization Tax will discourage resale commercial paper), of a maturity of not trade in securities. Pending such invest­ to any U.S. national, citizen, or resident; more than 9 months, in an aggregate ments, and from time to time thereafter (6) Applicant’s security holders will have principal amount outstanding at any in connection with changes in long-term the benefit of the disclosure and report­ one time of not more than $75,000,000. investments. Applicant will invest tem­ ing provisions of the Securities Exchange GPU intends to utilize the proceeds of porarily in debt obligations (including Act of 1934 and the New York Stock Ex­ the sale of its promissory notes for (a) time deposits) of governments, foreign change with respect to the common stock additional investments in its subsidiaries financial institutions (including foreign of Dictaphone. (such additional investments to be the branches of U.S. financial institutions), Notice is further given that any inter­ subject from time to time of further ap­ and foreign subsidiaries of Dictaphone ested person may, not later than Feb­ plications and/or declarations with this payable in U.S. dollars or other curren­ ruary 20, 1968, at 5:30 p.m., submit to Commission) and/or to reimburse its cies and in any case maturing in 1 year the Commission in writing a request for treasury for funds expended therefrom or less from date of acquisition. a hearing on the matter accompanied by for such investments subsequent to The Debentures are to be sold by the a statement as to the nature of his December 31,1966, and (b) the refunding underwriters under conditions which are interest, the reason for such request and of its borrowings from banks effected in intended to assure that they will not be the issues of fact or law proposed to be 1967 and outstanding at the date of this, offered or sold in the United States, its controverted, or he may request that he declaration in the aggregate principal territories or possessions or to nationals, be notified if the Commission shall order amount of $20,000,000. The cash re­ citizens, or residents of the United States, a hearing thereon. Any such communi­ quirements for the GPU system’s con­ its territories, or possessions. Any addi­ cation should be addressed: Secretary, struction program in 1968 and 1969 are tional debt securities of Applicant which Securities and Exchange Commission, estimated at $205,400,000 and $235,000,- may be sold to the public in the future Washington, D.C. 20549. A copy of such 000 respectively. will be sold under substantially similar request shall be served personally or by GPU proposes to sell, from time to conditions. mail (airmail if the person being served time as it requires funds, commercial Counsel has advised Applicant that is located more than 500 miles from the paper directly to Lehman Commercial U.S. persons will be required to report point of mailing) upon Applicant at the Paper, Inc. (“Lehman” ), and/or A. G. and pay an interest equalization tax with address stated above. Proof of such serv­ Becker & Co., Inc. (“Becker” ) , dealers in respect to acquisition of the Debentures, ice (by affidavit or in case of an attorney commercial paper, in amounts not to ex­ except where a specific statutory exemp­ at law by certificate) shall be filed con­ ceed an aggregate amount of $50,000,000 tion is available. By financing its foreign temporaneously with the request. At any of commercial paper outstanding at any operations through Applicant rather time after said date, as provided by Rule one time. Becker and Lehman will each than through the sale of its own obliga­ 0-5 of the rules and regulations promul­ reoffer such commercial paper thus pur­ tions, Dictaphone will utilize an instru­ gated under the Act, an order disposing chased by it to not more than 100 of its mentality the acquisitions of whose debt of the application herein may be issued customers, identified and designated in obligations by U.S. persons would gen- by the Commission upon the basis of the a list (nonpublic) prepared in advance by eraly subject such persons to the interest information stated in said application Becker and Lehman for this purpose. No equalization tax, thus discouraging them unless an order for hearing upon said additions will be made by Becker or from purchasing such debt obligations. application shall be issued upon request Lehman to their respective customer lists, Section 6(c) of the Act provides that or upon the Commission’s own motion. which will include commercial banks, the Commission, by order upon applica­ Persons who request a hearing or advice insurance companies, pension funds, in­ tion, may conditionally or uncondition­ as to whether a hearing is ordered will vestment trusts, foundations, colleges and ally exempt any person, security, or receive notice of further developments universities, municipal and State benefit transaction from any provision of the in this matter, including the date of the funds, eleemosynary institutions, finance Ac“ or of any rule or regulation there­ hearing (if ordered’) and any postpone­ companies, and nonfinancial corpora­ under, if and to the extent that such ments thereof. tions which invest surplus funds in com­ ®x®*hi>tion is necessary or appropriate mercial paper. It is expected that GPU’s in the public interest and consistent with For the Commission (pursuant to dele­ gated authority). commercial paper will be held to maturity the protection of investors and the pur­ by the purchaser from Lehman or Becker, poses fairly intended by the policy and [SEAL] ORVAL L. D uBOIS, but, if any such purchaser should wish Provisions of the Act. Secretary. to resell prior thereto, Lehman or Becker, Applicant submits that it is appropri- [F.R. Doc. 68-1859; Filed, Feb. 14, 1968; as the case may be, pursuant to a verbal te in the public interest and consistent 8:45 a.m.] repurchase agreement w-ill repurchase

FEDERAL REGISTER,^ VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3024 NOTICES the commercial paper from its customer borrowings from commercial banks, and ruary 10, 1968, through February 19, and reoffer the same to others in its the current rates for commercial paper 1968, both dates inclusive. group of customers. for prime borrowers such as GPU are By the Commission. The commercial paper issued and sold readily ascertainable by reference to the by GPU will be in the form of promissory daily financial publications and do not [ seal] O rval L. D uB ois, notes in denominations of not less than require competitive bidding in order to Secretary. $100,000 and not more than $5,000,000, determine the reasonableness thereof. [F.R. Doc. 68-1861; Filed, Feb. 14, 1968; with maturities not to exceed 270 days, Pees and expenses to be incurred by 8:45 a.m.] the actual maturities to be determined GPU in connection with the proposed by the market conditions, the effective transactions are estimated at $6,000, in­ interest cost to GPU, and GPU’s antici­ cluding legal fees of $5,000. It is stated [70-4587] pated cash requirements at the time of that no State commission and no Federal KINGSPORT POWER CO. issuance. The commercial paper issued commission, other than this Commission, and sold by GPU will be sold at the has jurisdiction over the proposed trans­ Notice of Proposed Issue and Sale of discount rate per annum prevailing actions. Short-Term Notes to Banks at the date of issuance for prime com­ Notice is further given that any in­ F ebruary 9, 1968. mercial paper of comparable quality and terested person may, not later than of the particular maturity sold at the February 28,1968, request in writing that ' Notice is hereby given that Kingsport same time by other issuers to commercial a hearing be held on such matter, stating Power Co. (“Kingsport” ), 40 Franklin paper dealers. The commercial paper the nature of his interest, the reasons Road, Roanoke, Va. 24011, a Virginia sold by GPU may be reoffered by Lehman for such request, and the issues of fact corporation and a public-utility sub­ and/or Becker at a discount rate not to or law raised by said declaration which sidiary company of American Electric exceed one-eighth of 1 percent per an­ he desires to controvert; or he may re­ Power Co., Inc., a registered holding num less than the discount rate to GPU. quest that he be notified if the Commis­ company, has filed a declaration with Generally, the commercial paper will be sion should order a hearing thereon. Any this Commission, pursuant to the Public sold by GPU at effective interest costs such request should be addressed: Secre­ Utility Holding Company Act of 1935 that will not exceed the prime rate for tary, Securities and Exchange Commis­ (“Act” ), designating sections 6 and 7 borrowings from commercial banks in sion, Washington, D.C. 20549. A copy of thereof as applicable to the proposed effect at the date of issue. such request should be served personally transactions. All interested persons are GPU proposes to borrow from various or by mail (airmail if the person being referred to the declaration, which is sum­ commercial banks, as GPU requires served is located more than 500 miles marized below, for a complete statement funds, in an amount not to exceed $75,- from the point of mailing) upon the of the proposed transactions. 000,000, less the face amount of any GPU declarant at the above-stated address, Pursuant to a bank loan agreement commercial paper referred to above and proof of service (by affidavit or, in entered into by Kingsport with two com­ which is outstanding at the time, such case of an attorney at law, by certificate) mercial banks, Kingsport proposes to borrowings from banks to be evidenced should be filed with the request. At any borrow from time to time prior to Decem­ by the issuance or renewal by GPU of its time after said date, the declaration, as ber 31, 1968, an aggregate of $2 million, promissory notes which will bear interest amended or as it may be further to be evidenced by its unsecured notes. at the prime rate (presently 6 percent amended, may be permitted to become Kingsport requests the Commission’s ap­ per annum ) for commercial borrowings effective as provided in Rule 23 of the proval for the issue and sale of such then in effect at the bank from which general rules and regulations promul­ amount of notes not exempt pursuant such borrowing is made. Each such note gated under the Act, or the Commission to the first sentence of section 6(b) of will mature not more than 9 months from may grant exemption from such rules as the Act. The notes wil be issued and sold the date of issuance or renewal thereof provided in Rules 20(a) and 100 thereof to Manufacturers Hanover Trust Co., and will be prepayable at any time with­ or take such other action as it may New York, N.Y., and Morgan Guaranty out premium. As at the date of the filing deem appropriate. Persons who request a Trust Company of New York in the prin­ of this declaration, GPU had outstanding hearing or advice as to whether a hearing cipal amounts of $1,400,000 and $600,000, $20,000,000 of notes issued to banks pur­ is ordered will receive notice of further respectively; will mature not later than suant to authority granted by this Com­ developments in this matter, including 270 days after the date of issue or re­ mission by order dated April 10, 1967 the date of the hearing (if ordered) and newal; and will bear interest from the (Holding Company Act Release No. any postponements thereof. date thereof at the then current prime 15708). If this declaration shall be per­ credit rate (presently 6 percent per an­ mitted to become effective, GPU will not For the Commission (pursuant to dele­ num) . The notes may be prepaid at any issue any notes pursuant to said order gated authority). time without premium. after the effective date of this declara­ [ seal] O rval L. D uB ois, Kingsport will use the proceeds from tion, and, upon the payment or prepay­ Secretary. the sale of the notes to reimburse its ment of any notes previously issued pur­ Treasury for past expenditures in con­ [F.R. Doc. 68-1860; Filed, Feb. 14, 1968; nection with its construction program suant to said order, any remaining 8:45 a.m.] authority granted by said order will be and to provide funds to finance, in part, terminated. GPU will not effect any bor­ its future construction program, esti­ rowings from banks pursuant to this [File No. 1-3629] mated for 1968 to cost approximately $1,700,000, and for other corporate declaration until it shall have filed a KASHMIR OIL, INC. posteffective amendment thereto setting purposes. forth the name or names of the banks Order Suspending Trading It is represented that no fees and ex­ from which such borrowing is to be penses are to be incurred in connection F ebruary 9,1968. effected and such posteffective amend­ with the proposed transactions and that ment shall have been permitted to be­ It appearing to the Securities and Ex­ no State commission, and no Federal come effective by further order of the change Commission that the summary commission other than this Commis­ Commission. suspension of trading in the common sion, has jurisdiction over the proposed GPU asserts that the issue and sale of stock of Kashmir Oil, Inc., being traded transactions. its commercial paper notes should, pur­ otherwise than on a national securities Notice is further given that any in­ suant to subparagraph (a) (5) of Rule exchange is required in the public in­ terested person may, not later than 50, be exempted from the requirements terest and for the protection of investors; March 13, 1968, request in writing that a thereof, in view of the fact that the pro­ It is ordered, Pursuant to section 15 hearing be held on such matter, stating posed promissory notes to be issued by (c) (5) of the Securities Exchange Act of the nature of his interest, the reasons for GPU as commercial paper will have a of 1934, that trading in such securities such request, and the issues of fact or law maturity of not more than 9 months, the otherwise than on a national securities raised by said declaration which he de­ interest cost thereon generally will not exchange be summarily suspended, this sires to controvert; or he may request exceed the prime rate for commercial order to be effective for the period Feb­ that he be notified if the Commission

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3025 should order a hearing thereon. Any such It is ordered, Pursuant to section 15(c) application have been filed, and within request should be addressed: Secretary, (5) of the Securities Exchange Act 60 days of the date of this publication, Securities and Exchange Commission, of 1934, that trading in such securities notify the Commission in writing (1) Washington, D.C. 20549. A copy of such otherwise than on a national securities that it is ready to proceed and prosecute request should be served personally or exchange be summarily suspended, this the application, or (2) that it wishes to by mail (airmail if the »person being order to be effective for the period Feb­ withdraw the application, failure in served is located more than 500 miles ruary 11, 1968, through February 20, which the application will be dismissed from the point of mailing) upon the de­ 1968, both dates inclusive. by the Commission. clarant at the above-stated address, and By the Commission. Further processing steps (whether proof of service (by affidavit or, in case modified procedure, oral hearing, or of an attorney at law, by certificate) [seal] O rval L. D uB ois, other procedures) will be determined should be filed with the request. At any Secretary. generally in accordance with the Com­ time after said date, the declaration, as [F.R. Doc. *68-1864; Filed, Feb. 14, 1968; mission’s General Policy Statement Con­ filed or as it may.be amended, may be 8:46 a.m.] cerning Motor Carrier Licensing Pro­ permitted to become effective as provided cedures, published in the F ederal R eg­ in Rule 23 of the general rules and regu­ ister issue of May 3, 1966. This assign­ lations promulgated under the Act, or ment will be by Commission order which the Commission may grant exemption INTERSTATE COMMERCE will be served on each party of record. from such rules as provided in Rules The publications hereinafter set forth 20(a) and 100 thereof or take such other COMMISSION reflect the scope of the applications as action as it may deem appropriate. Per­ filed by applicants, and may include sons who request a hearing or advice as [Notice 1150] descriptions, restrictions, or limitations to whether a hearing is ordered, will MOTOR CARRIER, BROKER, WATER which are not in a form acceptable to receive notice of further developments the Commission. Authority which ulti­ in this matter, including the date of the CARRIER, AND FREIGHT FOR­ WARDER APPLICATIONS mately may be granted as a result of the hearing (if ordered) and any postpone­ applications here noticed will not neces­ ments thereof. February 9, 1968, sarily reflect the phraseology set forth For the Commission (pursuant to The following applications are gov­ in the application as filed, but also will delegated authority). erned by special rule 1.2471 of the Com­ eliminate any restrictions which are not mission’s general rules of practice (49 acceptable to the Commission. [seal] O rval L. D uB ois, No. MC 1641 (Sub-No. 80), filed Jan­ Secretary. CFR, as amended), published in the F ederal R egister issue of April 20, 1966, uary 22, 1968. Applicant: PEAKE [F.R. Doc. 68-1862; Filled, Feb. 14, 1968; effective May 20, 1966. These rules pro­ TRANSPORT SERVICE, INC., Post Of­ 8:45 a.m.] vide, among other things, that a protest fice Box 366, Chester, Nebr. 68327. Appli­ to the granting of an application must be cant’s representative: R. B. Parker (same address as applicant). Authority sought LEEDS SHOES, INC. filed with the Commission within 30 days after date of notice of filing of the appli­ to operate as a common carrier, by motor Order Suspending Trading cation is published in the F ederal R eg­ vehicle, over irregular routes, transport­ ister. Failure seasonably to file a protest ing: Fertilizers and fertilizer materials, February 9, 1968. will be construed as a waiver of opposi­ in bulk, and in bags, from points in that It appearing to the Securities and Ex­ tion and participation in the proceeding. area of Nebraska bounded by U.S. High­ change Commission that the summary A protest under these rules should comply way 6 on the north, Nebraska Highway suspension of trading in the common with § 1.247(d) (3) of the rules of prac­ 14 on the east, Nebraska Highway 74 on stock of Leeds Shoes, Inc., Tampa, Fla., tice which requires that it set forth spe­ the south, and U.S. Highway 281 on the and all other securities of Leeds Shoes, cifically the grounds upon which it is west, to points in Colorado, Wyoming, Inc., being traded otherwise than on a made, contain a detailed statement of South Dakota, North Dakota, Minnesota, national securities exchange is required Protestant’s interest in the proceeding Iowa, Missouri, and Kansas. Note : If a in the public interest and for the pro­ (including a copy of the specific portions hearing is deemed necessary, applicant tection of investors: of its authority which protestant believes requests it be held at Omaha, Nebr., or It is ordered, Pursuant to section to be in conflict with that sought in the Kansas City, Mo. 15(c) (5) of the Securities Exchange Act application, and describing in detail the No. MC 1641 (Sub-No. 81), filed Febru­ of 1934, that trading in such securities method—whether by joinder, interline, or ary 2, 1968. Applicant: PEAKE TRANS­ otherwise than on a national securities other means—by which protestant would PORT SERVICE, INC., Post Office Box exchange be summarily suspended, this use such authority to provide all or part 366, Chester, Nebr. 68327. Applicant’s order to be effective for the period Feb­ of the service proposed), and shall spec­ representative: R. B. Parker (same ad­ ruary 10, 1968, through February 19, ify with particularity the facts, matters, dress as applicant). Authority sought to 1968, both dates inclusive. and things relied upon, but shall not in­ operate as a common carrier, by motor By the Commission. clude issues or allegations phrased gener­ vehicle, over irregtfiar routes, transport­ ally. Protests not in reasonable compli­ ing: Anhydrous ammonia, from plantsite [seal] O rval L. D uB ois, ance with the requirements of the rules of Farmland Industries located at or Secretary. may be rejected. The original and one near Dodge City, Kans., to points in Colo­ [F.R. Doc. 68-1863; Filed, Feb. 14, 1968; copy of the protest shall be filed with the rado, Wyoming, Texas, Oklahoma, Mis­ 8:46 ajn.] Commission, and a copy shall be served souri, Nebraska, and Iowa. Note: If a concurrently upon applicant’s repre­ hearing is deemed necessary, applicant sentative, or applicant if no representa­ requests it be held at Kansas City, Mo., ROVER SHOE CO. tive is named. If the protest includes or Wichita, feans. Order Suspending Trading a request for oral hearing, such requests No. MC 2392 (Sub-No. 64), filed Jan­ shall meet the requirements of § 1.247(d) uary 31, 1968. Applicant: WHEELER F ebruary 9,1968. (4) of the special rule, and shall include TRANSPORT SERVICE, INC., Post Of­ It appearing to the Securities and Ex the certification required therein. fice Box 14248, West Omaha Station, change Commission that the summar; Section 1.247(f) of the Commission’s Omaha, Nebr. 68114. Applicant’s repre­ suspension of trading in the commoi rules of practice further provides that sentative: Leonard A. Jaskiewicz, 1155 stock of Rover Shoe Co., Bushnell, Fla each applicant shall, if protests to its 15th Street NW„ Madison Building, and stock purchase warrants of Rove Washington, D.C. 20005. Authority ohoe Co. being traded otherwise than oi 1 Copes of Special Rule 1.247 (as amended) sought to operate as a commqn carrier, 0na* securities exchange is require< can be obtained by writing to the Secretary, by motor vehicle, over irregular routes, ® the public interest and for the protec Interstate Commerce Commission, Washing­ transporting: Anhydrous ammonia, urea, “ on of investors: ton, D.C. 20423. and fertilizer, from Omaha, Nebr., to

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3026 NOTICES points in Iowa, Kansas, Minnesota, Mis­ and, on the other, points in Marquette, over the same route, as an alternate souri, Nebraska, North Dakota, and Keweenaw, Houghton, Baraga, Iron, route for operating convenience only, in South Dakota, Note: If a hearing is Dickenson, Delta, Alger, Schoolcraft, connection with carrier’s presently au­ deemed necessary, applicant requests it Luce, Mackinaw, Menominee, Gogebic, thorized regular-route operations. Note: be held at Omaha, Nebr. and Ontonagon Counties, Mich. Note: If a hearing is deemed necessary, appli­ No. MC 5470 (Sub-No. 37), filed Jan­ Applicant indicates tacking at Mar­ cant requests it be held at Louisville, Ky. uary 30, 1968. Applicant: TAJON, INC., quette, Mich., with presently held au­ No. MC 35358 (Sub-No. 19), filed Feb­ Rural Delivery No. 5, Mercer, Pa. 16137. thority under MC 17426, wherein appli­ ruary 6, 1968. Applicant: BERGER Applicant’s representative: Theodore cant is authorized to serve Marquette, TRANSFER & STORAGE, INC., 3270 Polydoroff, 917 Munsey Building, Wash­ Mich., and points in Illinois, Minnesota, Macalaster Drive NE., Minneapolis, ington, D.C. 20004. Authority sought to and Wisconsin and points within 52 miles Minn. 55421. Applicant’s representa­ operate as a common carrier, by motor of Marquette, Mich. If a hearing is tive: Grant J. Merritt, 1000 First Na­ vehicle, over irregular routes, transport­ deemed necessary, applicant requests it tional Bank Building, Minneapolis, Minn. ing: (1) Metals and scrap steel shapes, be held at Lansing, Escanaba, Marquette, 55402. Authority sought to operate as a in dump vehicles, between Braddock, Pa., or Detroit, Mich. common carrier, by motor vehicle, over East Liverpool, Ohio, and Niagara Palls, No. MC 17829 (Sub-No. 12), filed Feb­ irregular routes, transporting: New in­ N.Y., on the one hand, and, on the other, ruary 2, 1968. Applicant: DI SILVA dustrial institutional, technical, and points in Connecticut, Massachusetts, TRANSPORTATION, INC., 42 Middlesex laboratory furniture, uncrated, from Rhode Island, Vermont, and New Hamp­ Avenue, Somerville, Mass. 02145. Appli­ Rochester, Minn., to points in Alabama, shire, (2) alloys, pig iron, and scrap cant’s representative: Frank J. Weiner, Arizona, Arkansas, California, Colorado, metals, in dump vehicles, between Brad- Investors Building, 536 Granite Street, Florida, Georgia, Idaho, Iowa, Kansas, dock, Pa., and East Liverpool, Ohio, on Braintree, Mass. 02184. Authority sought Kentucky, Louisiana, Minnesota, Missis­ the one hand, and, on the other, points to operate as a contract carrier, by motor sippi, Montana, Nebraska, Nevada, New in Vermont and New Hampshire, and (3) vehicle, over irregular routes, transport­ Mexico, North Carolina, North Dakota, alloys, pig iron, and scrap metals, in ing: Such merchandise as is dealt in by Oklahoma, Oregon, South Carolina, dump vehicles, between Niagara Falls, wholesale, retail, and chain grocery and South Dakota, Tennessee, Texas, Utah, N.Y., on the one hand, and, on the other, food business houses, and in connection Virginia, Washington, and Wyoming. points in Connecticut, Massachusetts, therewith, equipment, materials and Note: If a hearing is deemed necessary, Rhode Island, Vermont, and New Hamp­ supplies used in the conduct of such busi­ applicant requests it be held at Chicago, shire. Note: If a hearing is deemed nec­ ness (except commodities in bulk), be­ HI., or Washington, D.C. essary, applicant requests it be held at tween Portland, Maine; Somerville and No. MC 42487 (Sub-No. 685), filed Feb­ Washington, D.C. Southboro, Mass.; Hartford, Conn.; and ruary 6, 1968. Applicant: CONSOLI­ No. MC 13250 (Sub-No. 95), filed Jan­ South Kearny, N.J., on the one hand, DATED FREIGHTWAYS CORPORA­ uary 31, 1968. Applicant: J. H. ROSE and, on the other, points in Maine, New TION OF DELAWARE, 175 Linfield TRUCK LINE, INC., 5003 Jensen Drive, Hampshire, Vermont, Massachusetts, Drive, Menlo Park, Calif. 94025. Appli­ Post Office Box 16190, Houston, Tex. Connecticut, Rhode Island, New York, cant’s representative: Vernon S. Tyler 77022. Applicant’s representative: Thom­ and New Jersey, under contract with (same address as applicant). Authority as E. James, The 904 Lavaca Building, First National Stores, Inc., Somerville, sought to operate as a common carrier, Austin, Tex. 78701. Authority sought to Mass. Note : If a hearing is deemed by motor vehicle, over irregular routes, operate as a common carrier, by motor necessary, applicant requests it be held transporting: (1) Lime and dry com­ vehicle, over irregular routes, transport­ at Boston, Mass. modities in bulk, from the plantsite of ing: Lift and hoist trucks, tractors (other No. MC 20729 (Sub-No. 11), filed Ash Grove Lime & Portland Cement Co., than truck tractors), and attachments February 2, 1968. Applicant: FREDDIE Portland, Oreg. to points in Washington, and accessories for the items named, AHRENSTORFF, doing business as and (2) dry commodities, in bulk, be­ from the plantsites of Towmotor Corp. AHRENSTORFF TRANSFER, Lake tween points in California, on the one located at Cleveland and Mentor, Ohio, Park, Iowa 51347. Applicant’s representa­ hand, and, on the other, points in Oregon,* to points in New Mexico, Nevada, Ari­ tive: William A. Landau, 1451 East Washington, Idaho, Montana, Wyoming, zona, and California, restricted to traffic Grand Avenue, Des Moines, Iowa 50306. Colorado, New Mexico, Arizona, Utah, originating at and destined to the points Authority sought to operate as a com­ and Nevada. Note: Applicant indicates named. Note: If a hearing is deemed mon carrier, by motor' vehicle, over ir­ tacking possibilities. If a hearing is necessary, applicant requests it be held regular routes, transporting: Liquid ani­ deemed necessary, applicant requests it at Washington, D.C., or Chicago, HI. mal feed and liquid animal feed supple­ be held at San Francisco or Los Angeles, No. MC 17091 (Sub-No. 6), filed Feb­ ments, in bulk, in tank vehicles, from Calif. ruary 2, 1968. Applicant: ISAAC JONES, Fremont, Grand Island, and Overton, No. MC 51146 (Sub-No. 75), filed Jan­ JR., 321 Lexington Avenue, Pitman, N.J. Nebr., and Atlantic, Iowa, to points in uary 31, 1968. Applicant: SCHNEIDER Applicant’s representative: Robert B. Colorado, Illinois, Iowa, Kansas, Min­ TRANSPORT & STORAGE, INC., 817 Einhorn, Room 1540, P.S.F.S. Building, nesota, Missouri, Montana, Nebraska, McDonald Street, Green Bay, Wis. 54306. 12 South 12th Street, Philadelphia, Pa. North Dakota, Oklahoma, South Dakota, Applicant’s representative: Charles W. 19107. Authority sought to operate as a Texas, and Wyoming. Note : If a hearing Singer, 33 North Dearborn Street, Chi­ common carrier, by motor vehicle, over is deemed necessary, applicant requests cago, HI. 60602. Authority sought to oper­ irregular routes, transporting: Coke, in it be held at Des Moines, Iowa, or Omaha, ate as a common carrier by motor vehicle, dump vehicles, from Philadelphia, Pa., Nebr. over irregular routes, transporting: to points in New York, Connecticut, No. MC 31389 (Sub-No. 92), filed Feb­ Paper and paper products, products pro­ Rhode Island, Massachusetts, Vermont, ruary 5, 1968. Applicant: McLEAN duced or distributed by manufacturers New Hampshire, and Maine. Note: If a TRUCKING COMPANY, a corporation, and converters of paper and paper prod­ hearing is deemed necessary, applicant 617 Waughtown Street, Post Office Box ucts, materials, equipment, and supplies requests it be held at Philadelphia, Pa., 213, Winston-Salem, N.C. 27102. Appli­ used in the manufacture and distribu­ or Washington, D.C. cant’s representative: Francis W. Mc- tion of the described commodities be­ No. MC 17426 (Sub-No. 1), filed Jan­ Inerny, Suite 502, 1000 16th Street NW., tween points in Columbia, Oneida, Por­ uary 31, 1968. Applicant: NYSTROM’S Washington, D.C. 20036. Authority tage, and Wood Counties, Wis., on the MOVING & STORAGE INC., 125 West sought to operate as a common carrier, one hand, and, on the other, points in Baraga Avenue, Marquette, Mich. 49855. by motor vehicle, over regular routes, Alabama, Arkansas, Connecticut, Dela­ Applicant’s representative: James Davis, transporting: General commodities (ex­ ware, Florida, Georgia, Illinois, Indiana, 1400 Michigan National Tower, Lansing, cept those of unusual value, classes A and Iowa, Kansas, Kentucky, Louisiana, Mich. 48933. Authority sought to oper­ B explosives, household goods as defined Maine, Maryland, Massachusetts, Michi­ ate as a common carrier, by motor ve­ by the Commission, commodities in bulk, gan, Minnesota, Mississippi, Missouri, hicle, over irregular routes, transporting: and those requiring special equipment), Nebraska, New Hampshire, New Jersey, Household goods, between points in Mar­ between Bowling Green and Scottsville, New York, North Carolina, North Dakota, quette County, Mich., on the one hand, Ky., over U.S. Highway 231, and return Ohio, Oklahoma, Pennsylvania, Rhode

FEDERAL REGISTER, V O L 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3027

Island, South Carolina, South Dakota,* carrier, by motor vehicle, over irregular N.J. Applicant’s representative: Herbert Tennessee, Texas, Vermont, Virginia, routes, transporting: Meat, meat prod­ Burstein, 169 Broadway, New York, N.Y. West Virginia, Wisconsin, and the Dis­ ucts and meat byproducts and articles 10038. Authority sought to operate as a trict of Columbia. Note: Applicant states distributed by meat packinghouses as common carrier, by motor vehicle, over the primary purpose of the application described in Descriptions in Motor Car­ regular routes, transporting: Cleaning is not to allow tacking. This would be rier Certificates, 61 M.C.C. 209 and 766, products and compounds, serving East done only as an incidental part of opera­ from points in Brown County, Wis., to Farmingdale, Brentwood, and Smith- tions if the need arises in the future. This points in Connecticut, Delaware, Indiana, town, Suffolk County, N.Y., as off-route could be done under many of its presently Kansas, Kentucky, the Lower Peninsula points, in conjunction with applicant’s held authorized and pending authority. of Michigan, Maine, Maryland, Massa­ present authority in MC 59264. Note: Applicant further states no duplicative chusetts, Missouri, New Hampshire, New If a hearing is deemed necessary, appli­ authority sought. If a hearing is deemed Jersey, New York, Ohio, Pennsylvania, cant requests it be held at New York, necessary, applicant requests it be held Rhode Island, Tennessee, Vermont, Vir­ N.Y. at Chicago, 111. ginia, West Virginia, and the District of No. MC 59336 (Sub-No. 20), filed Feb­ No. MC 51146 (Sub-No. 76), filed Columbia. Note: If a hearing is deemed ruary 1, 1968. Applicant: U.S. TRUCK January 31, 1968. Applicant: necessary, applicant requests it be held COMPANY, INC., 2290 24th Street, De­ SCHNEIDER TRANSPORT & STOR­ at Washington, D.C. troit, Mich. 48216. Applicant’s repre­ AGE, INC., 817 McDonald Street, Green No. MC 52709 (Sub-No. 299) (Correc­ sentative: Wilber M. Brucker, Jr., 38th Bay, Wis. 54306. Applicant’s representa­ tion), filed January 25, 1968, published Floor, Penobscot Building, Detroit, Mich. tive: Charles W. Singer, 33 North Dear­ Federal Register issue of February 8, 48226. Authority sought to operate as a born Street, Chicago, HI. 60602. Author­ 1968, and republished as corrected, this common carrier, by motor vehicle, over ity sought to operate as a common car­ issue. Applicant: RINGSBY TRUCK regular routes, transporting: General rier, by motor vehicle, over irregular LINES, INC., 3201 Ringsby Court, Den­ commodities (except those of unusual routes, transporting: Equipment, mate­ ver, Colo. 80216. Applicant’s representa­ value, classes A and B explosives, house­ rials, and supplies used in the manu­ tive: Eugene Hamilton (same address as hold goods as defined by the Commis­ facture of products manufactured or dis­ applicant). Authority sought to operate sion; and commodities in bulk), between tributed by manufacturers or converters as a common carrier, by motor vehicle, Ann Arbor, Mich., and the junction of of paper and paper products (except over irregular routes, transporting: Interstate Highway 96 and U.S. High­ commodities requiring the use of special Meats, meat products, and meat by­ way 23, U.S. Highway 23, and return equipment), from points in Alabama, products, dairy products, and articles over the same route serving the inter­ Arkansas, Connecticut, Delaware, Flor­ distributed by meat packinghouses, as mediate point of Whitmore Lake, Mich., ida, Georgia, Hlinois, Indiana, Iowa, described in sections A, B, and C of ap­ and the off-route plantsite of Collard, Kansas, Kentucky, Louisiana, Maine, pendix I to the report in Descriptions in Inc., 8505 Michigan 36 Highway, Green- Maryland, Massachusetts, Michigan, Motor Carrier Certificates, 61 M.C.C. 209 oak Township, Livingston County, Mich., Minnesota, Mississippi, Missouri, Ne­ and 766, from Sioux Falls and Madison, in connection with carriers regular route braska, New Hampshire, New Jersey, S. Dak., to points in Connecticut, Dela­ operations. Note: If a hearing is deemed New York, North Carolina, North Da­ ware, Maine, Maryland, Massachusetts, necessary, applicant requests it be held kota, Ohio, Oklahoma, Pennsylvania, Michigan, New Hampshire, New Jersey, at Detroit or Lansing, Mich. Rhode Island, South Carolina, South New York, Ohio, Pennsylvania, Rhode No. MC 61592 (Sub-No. 102), filed Dakota, Tennessee, Texas, Vermont, Island, Vermont, Virginia, West Virginia, January 31, 1968. Applicant: JENKINS Virginia, West Virginia, and the Dis­ and the District of Columbia. Note: TRUCK LINE, INC., 3708 Elm Street, trict of Columbia, to De Pere, Wis. Common control may be involved. The Bettendorf, Iowa 52722. Applicant’s rep­ Note: Applicant states that no dupli­ purpose of this republication is to show resentative: R. Connor Wiggins, Jr., cating authority is sought. If a hearing is the correct docket number as MC 52709 Suite 909, 100 North Main Building, deemed necessary, applicant requests it Sub-No. 299, in lieu of MC 52709 Sub 279, Memphis, Tenn. 38103. Authority sought be held at Chicago, HI. which was erroneously printed in pre­ to operate as a common carrier, by motor No. MC 51146 (Sub-No. 77), filed Jan­ vious publication. If a hearing is deemed vehicle, over irregular routes, transport­ uary 31, 1968. Applicant: SCHNEIDER necessary, applicant requests it be held ing: Charcoal and/or charcoal products TRANSPORT & STORAGE, INC., 817 at Sioux Falls, S. Dak. and derivatives including but not limited McDonald Street, Green Bay, Wis. 54306. No. MC 59264 (Sub-No. 40), filed to briquette (except in bulk, in tank Applicant’s representative: Charles W. January 26, 1968. Applicant: SMITH & vehicles), from Paris, Ark., and points Singer, 33 North Dearborn Street, SOLOMON TRUCKING COMPANY, a within 5 miles thereof and Memphis, Chicago, HI. 60602. Authority sought to corporation, How Lane, New Brunswick, Tenn., to points in the United States (ex­ operate as a common carrier, by motor N.J. Applicant’s representative: Herbert cept Alaska and Hawaii). Note: If a vehicle, over irregular routes, transport­ Burstein, 160 Broadway, New York, N.Y. hearing is deemed necessary, applicant ing: Paper and paper products; products 10038. Authority sought to operate as a requests it be held at Memphis or Nash­ produced or distributed by manufacturers common carrier, by motor vehicle, over ville, Tenn., or Little Rock, Ark. and converters of paper and paper prod­ irregular routes, transporting: Classes A No. MC 64932 (Sub-No. 447), filed ucts; material, equipment, and supplies and B explosives between Hackettstown, February 5, 1968. Applicant: ROGERS used in the manufacture and distribution N.J., and points in New Jersey within 25 CARTAGE CO., a corporation, 1439 Wèst of the above-described commodities, be­ miles of Hackettstown, N.J., and Port 103d Street, Chicago, 111. 60643. Appli­ tween points in Ballard and Carlisle Murray, N.J., on the one hand, and, on cant’s representative: Carl L. Steiner, Counties, Ky., on the one hand, and, on the other, Herlong, Calif.; Letterkenny 39 South LaSalle Street, Chicago, HI. the other, points in Connecticut, Dela­ Army Depot, Pa.; Texarkana, Tex.; 60603. Authority sought to operate as a ware, Hlinois, Indiana, Iowa, Massa­ Pueblo, Colo.; Anniston, Ala.; Flagstaff, common carrier, by motor vehicle, over chusetts, Maryland, Michigan, Minne- Ariz.; Seneca Army Depot, N.Y.; Sa­ irregular routes, transporting: (1) sota, Missouri, New Jersey, New York, vanna, HI.; Lexington, Ky.; Edgewood Chemicals, in bulk, from South Beloit, North Carolina, Ohio, Pennsylvania, Arsenal, Md.; Aberdeen, Md.; Ports­ 111., to points in Indiana, Iowa, Kentucky, Rhode Island, South Carolina, Virginia, mouth and Yorktown, Va. Note: Appli­ Minnesota, Ohio, Oklahoma, and Ten­ V7'st Virginia, and Wisconsin. Note: If cant states it would tack tiie proposed nessee, and (2) grain neutral spirits, in a hearing is deemed necessary, applicant authority with its MC 59264 at New bulk, in tank vehicles, from Clinton, r« s it be held at Washington, D.C. Brunswick, N.J.; Philadelphia, Pa.; and Iowa, to Bardstown, Ky. Note : If a hear­ No. MC 51146 (Sub-No. 78), filed Feb­ Baltimore, Md. If a hearing is deemed ing is deemed necessary, applicant re­ ruary 2, 1968. Applicant: SCHNEIDER necessary, applicant requests it be held quests it be held at Chicago, 111. TRANSPORT & STORAGE, INC., 817 at New York, N.Y. No. MC 76025 (Sub-No. 5), filed Febru­ McDonald Street, Green Bay, Wis. 54306. No. MC 59264 (Sub-No. 41), filed ary 5, 1968. Applicant: OVERLAND Applicant’s representative: Donald F. January 31, 1968. Applicant: SMITH & EXPRESS, INC., 498 First Street NW., artm (same address as applicant). Au- SOLOMON TRUCKING COMPANY, a New Brighton, Minn. 55112. Authority °nty sought to operate as a common corporation, How Lane, New Brunswick, sought to operate as a contract carrier,

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3028 NOTICES by motor vehicle, over irregular routes, Rushville, Egypt, Penn Yan, Fairport, Hamlin, Tex., and with its Sub 67 at transporting: Such merchandise as is Newark, and Lyons, N.Y. to points in Duke, Okla., for the purpose of serving dealt in by wholesale, retail, and chain Wisconsin, Minnesota, North Dakota, New Mexico. If a hearing is deemed grocery and food business houses, and, in South Dakota, Nebraska, Iowa Missouri, necessary, applicant requests it be held connection therewith, equipment, mate­ and Illinois. N ote: Applicant states it at Washington, D.C. rials, and supplies used in the conduct intends to interchange traffic. If a hear­ No. MC 102911 (Sub-No. 3), filed Jan­ of such business, (1) between points in ing is deemed necessary, applicant re­ uary 29, 1968. Applicant: DONALD the Minneapolis-St. Paul, Minn., com­ quests it be held at Rochester or Buffalo, GOETZ, Defiance, Iowa 51527. Appli­ mercial zone, as defined by the Commis­ N.Y., or Washington, D.C. cant’s representative: Donald Goetz, c/o sion, on the one hand, and, on the other, No. MC 95540 (Sub-No. 721), filed Feb­ Service, Inc., Post Office Box 854, Down­ Grand Island, Lincoln, and Norfolk, ruary 2, 1968. Applicant: WATKINS town Station, Omaha, Nebr. 68101. Au­ Nebr., and Huron, S. Dak., and (2) from MOTOR LINES, INC., 1120 West Griffin thority sought to operate as a common points in the Minneapolis-St. Paul, Road, Lakeland, Fla. 33803. Applicant’s carrier, by motor vehicle, over irregular Minn., commercial zone, as defined by representative: Hoyt Starr (same .ad­ routes, transporting: Fertilizer, from the Commission, and Albert Lea and New dress as applicant). Authority sought to South Sioux City, Nebr., to points in Richmond, Mich., to Carbondale and operate as a common carrier, by motor Monona, Crawford, Carroll, Greene, Eldorado, 111., under contract with vehicle, over irregular routes, transport­ Boone, Story, Polk, Mills, Ringgold, Nash-Finch Co., and Land O’Lakes ing: Canned goods and frozen mush­ Dallas, Guthrie, Audubon, Shelby, Har­ Creameries, Inc. Note: If a hearing is rooms, when shipped with canned goods, rison, Pottawattamie, Cass, Fremont, deemed necessary, applicant requests it from points in Chester County, Pa., to Page, Decatur, Adair, Madison, Warren, be held at Minneapolis, Minn. points in Illinois, Indiana, Iowa, Ken­ Clarke, Union, Adams, Montgomery, and No. MC 83217 (Sub-No. 34), filed Feb­ tucky, Michigan, Minnesota, Missouri, Taylor Counties, Iowa. Note: If a hear­ ruary 1, 1968. Applicant: DAKOTA EX­ Nebraska, Ohio, and Wisconsin. Note: ing is deemed necessary, applicant re­ PRESS, INC., 110 North Reid Street, If a hearing is deemed necessary, appli­ quests it be held at Sioux City, Iowa, or Post Office Box 1252, Sioux Falls, S. Dak. cant requests it be held at Tampa, Fla., Omaha, Nebr. Applicant’s representative: Henry J. or Washington, D.C. No. MC 103880 (Sub-No. 392), filed Schuette (same address as applicant). No. MC 97216 (Sub-No. 3), filed Feb­ January 31, 1968. Applicant: PRO­ Authority sought to operate as a com­ ruary 5, 1968. Applicant: LARRY TRE- DUCERS TRANSPORT, INC., 215 East mon carrier, by motor vehicle, over BINO CONSTRUCTION COMPANY, Waterloo Road, Akron, Ohio 44306. Ap­ irregular routes, transporting: Meats, INC., 5 Cypress Drive, Burlington, plicant’s representative: Carl L. Steiner, meat products, meat byproducts, dairy Mass. 01803. Applicant’s representative: 39 South La Salle Street, Chicago, 111. products, and articles distributed by Arthur A. Wentzell, Post Office Box 720, 60603. Authority sought to operate as a meat packinghouses, as described in sec­ Worcester, Mass. 01601. Authority sought common carrier, by motor vehicle, over tions A, B, and C of appendix 1 to the to operate as a common carrier, by motor irregular routes, transporting : Liquid report in Descriptions in Motor Carrier vehicle, over irregular routes, transport­ and dry commodities, in bulk, in tank or Certificates 61 M.C.C. 209 and 766 (ex­ ing: (1) Granite chips, from Chelms­ hopper-type vehicles, having had a cept hides and commodities in bulk, in ford and Littleton, Mass., to Danbury, prior movement by rail, from Kalama­ tank vehicles), from Madison and Sioux Hartford, Newington, and North Haven, zoo, Mich., to points in Michigan. Note: Falls, S. Dak., to points in Connecticut, Conn., (2) stone grit, from Plainville, If a hearing is deemed necessary, appli­ Walpole, and Wrentham, Mass., to Dan­ cant requests it be held at Detroit, Mich. Delaware, Maine, Maryland, Massachu­ No. MC 105461 (Sub-No. 82), February setts, Michigan, New Hampshire, New bury, Hartford, Newington, and North Jersey, New York, Ohio, Pennsylvania, Haven, Conn., (3) dry expanded shale, 4, 1968. Applicant: HERR’S MOTOR from Plainville, Mass., to Danbury, Hart­ EXPRESS, INC., Box 8, Quarryville, Pa. Rhode Island, Vermont, West Virginia, 17566. Applicant’s representative: Ber­ Virginia, and the District of Columbia. ford, Newington, and North Haven, Conn., (4) sand, from Monson, Mass., to nard N. Gingerich, 114 West State Street, N ote: If a hearing is deemed necessary, Quarryville, Pa. 17566. Authority sought applicant requests it be held at Minne­ Danbury, Hartford, Newington, and North Haven, Conn., (5) pumice, from to operate as a common carrier, by motor apolis, Minn., Omaha, Nebr., or Chicago, vehicle, over irregular routes, transport­ 111. Boston, Mass., New Haven, Conn., and Portsmouth, N.H., to Acton and Medford, ing: Glass containers and advertising No. MC 83539 (Sub-No. 225), filed Mass., North Haven, Conn., and Woburn, materials and cartons for glass con­ February 5, 1968. Applicant: C & H Mass., (6) quartz, from Lyndeboro, N.H., tainers, from Horseheads and Elmira, TRANSPORTATION CO., INC., 1935 to Acton, Mass., Danbury and Hartford, N.Y., to points in Connecticut, Massa­ West Commerce Street, Dallas, Tex. Conn., Medford, Mass., Newington, and chusetts, and Rhode Island. Note: If a 75222. Applicant’s representative: W. T. North Haven, Conn., and (7) topaz, from hearing is deemed necessary, applicant Brunson, 419 Northwest Sixth Street, Lyndeboro, N.H., to Acton, Mass., Dan­ requests it be held at Washington, D.C., Oklahoma City, Okla. 73102. Authority bury and Hartford, Conn., Medford, or Philadelphia, Pa. sought to operate as a common carrier, Mass., Newington and North Haven, No. MC 105813 (Sub-No. 160), filed by motor vehicle, over irregular routes, Conn. N ote: If a hearing is deemed January 29, 1968. Applicant: BELFORD transporting: Cable reel trailers, with necessary, applicant requests it be held TRUCKING CO., INC., 3500 Northwest or without accessories, attachments, or at Boston, Mass. 79th Avenue, Post Office Box 154, M.I.A. parts, in initial movement, in truckaway No. MC 100666 (Sub-No. 115), filed Station, Miami, Fla. 33148. Applicant’s service, from Denver, Colo., to points in February 2, 1968. Applicant: MELTON representative: James T. Moore (same the United States, except Alaska, Colo­ TRUCK LINES, INC., Post Office Box address as applicant). Authority sought rado, and Hawaii. N ote : If a hearing is 7666, Shreveport, La. 71107. Applicant’s to operate as a common carrier, by motor deemed necessary, applicant requests it representative: Wilburn L. Williamson, vehicle, over irregular routes, transport­ be held at Denver, Colo., or Washington, 450 American National Building, Okla­ ing: Garments and wearing apparel, D.C. homa City, Okla. 73102. Authority sought from points in Florida to points in Penn­ No. MC 95540 (Sub-No. 719), filed to operate as a common carrier, by motor sylvania and New York. Note : If a hear­ January 29, 1968. Applicant: WATKINS vehicle, over irregular routes, transport­ ing is deemed necessary, applicant re­ MOTOR LINES, INC., 1120 Griffin Road, ing: Building, roofing, and insulating quests it be held at Miami, Fla. Lakeland, Fla. 33803. Applicant’s repre­ materials, perlite products and materials No. MC 106398 (Sub-No. 358), filed sentative: Hoyt Starr (same address as and accessories incidental thereto, from February 2, 1968. Applicant: NATIONAL applicant). Authority sought to operate Florence, Ky., to points in Louisiana, TRAILER CONVOY, INC., 1925 National as a common carrier, by motor vehicle, Mississippi, Texas, Arkansas, Missouri, Plaza, Tulsa, Okla. 74151. Applicant’s over irregular routes, transporting: Tennessee, Alabama, Georgia, Oklahoma, representative: Irvin Tull (same address Foodstuffs, not frozen, from the plant- and Kansas. N ote: Applicant states it as applicant). Authority sought to oper­ sites and/or facilities for the Borden could tack with its presently held au­ ate as a common carrier, by motor vehi­ Co. and its divisions at Wellsboro, Pa., thority in No. MC 100666 Sub 66 at the cle, over irregular routes, transporting: Arcade, Syracuse, Waterloo, Red Creek, plantsite of the Celotex Corp. at or near Buildings in sections, mounted on

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3029 wheeled undercarriages, equipped with Applicant’s representative: Marvin Authority sought to operate as a common hitchball connector, from Virginia Beach, Handler, 405 Montgomery Street, Suite carrier, by motor vehicle, over irregular Va., to' points in the United States on 1401, San Francisco, Calif. 94104. routes, transporting: Classes A, B, and C and east of a line beginning at the mouth Authority sought to operate as a common explosives, "blasting materials, blasting of the Mississippi River, and extending carrier, by motor vehicle, over irregular supplies, and blasting agents, between along the Mississippi River to its junc­ routes, transporting: General commodi­ Du Pont, Wash., and points within 5 tion with the western boundaries of ties, in vehicles equipped with mechani­ miles thereof, on the one hand, and, on Itasca and Koochiching Counties, Minn., cal refrigeration, temperature or at­ the other, points in Washington, Oregon, to the international boundary line be­ mospheric control (except liquids or Idaho, Nevada, California, Utah, Colora­ tween the United States and Canada. gases in bulk), between points in Cali­ do, Montana, Wyoming, Arizona, and Note: If a hearing is deemed necessary, fornia south of the northern boundaries New Mexico. N ote: Applicant states it applicant requests it be held at Wash­ of Sonoma, Lake, Colusa, Sutter, Yuba, intends to tack the proposed authority ington, D.C. and Sierra Counties and north of the at Louviers, Colo., enabling it to serve No. ;MC 107010 (Sub-No. 32), filed northern boundaries of San Luis Obispo, points in Mssouri, Oklahoma, Kansas, January 31,1968. Applicant: D & R BULK Kern, and San Bernardino Counties, Texas, Nebraska, Arkansas, and South CARRIERS, INC., Post Office Box 106, Calif., restricted to shipments having had Dakota. Applicant is authorized to oper­ Auburn, Nebr. 68305. Applicant’s repre­ a prior or subsequent movement by rail. ate as a contract carrier in Docket No. sentatives: Leonard A. Jaskiewicz and Note: The purpose of this republication MC 128814, therefore, dual operations J. William Cain, Jr., Madison Building, is to add the word “shipments” to the may be involved. If a hearing is deemed 1155 15th Street NW, Washington, D.C. restriction, which was erron eou sly necessary, applicant requests it be held 20005. Authority sought to operate as a omitted in the previous publication. If a at Denver, Colo., Albuquerque, N. Mex., common carrier, by motor vehicle, over hearing is deemed necessary, applicant Phoenix, Ariz., or Los Angeles, Calif. irregular routes, transporting: Anhy­ requests it be held at San Francisco, No: MC 109637 (Sub-No. 334), filed drous ammonia, urea, arid fertilizer, from Calif. January 26, 1968. Applicant: SOUTH­ Omaha,. Nebr., to points in Iowa, Kansas, No. MC 107496 (Sub-No. 622) (Correc­ ERN TANK LINES, INC., Post Office Box Minnesota, Missouri, Nebraska, North tion), filed January 24, 1968, published 1047, 4107 Bells Lane, Louisville, Ky. Dakota, and South Dakota. N ote: If a in the F ederal R egister issue of Febru­ 40201. Applicant’s representative: Har­ hearing is deemed necessary, applicant ary 8, 1968, corrected and republished ris G. Andrews (same address as ap­ requests it be held at Omaha or Lincoln, as corrected, this issue. Applicant: plicant) . Authority sought to operate as Nebr. r u a n t r a n s p o r t corporation , a common carrier, by motor vehicle, over No. MC 107010 (Sub-No. 33), filed Keosauqua Way at Third, Post Office irregular routes, transporting: Sulfur January 31,1968. Applicant: D & RBULK Box 855, Des Moines, Iowa 50304. Ap­ hexafluoride, in shipper-owned tube CARRIERS, INC., Post Office Box 106, plicant’s representative: H. L. Fabritz trailers, from Metropolis, HI., to Stony Auburn, Nebr. 68305. Applicant’s repre­ (same address as applicant), Authority Brook, N.Y., Burlington, Mass., and ports sentatives: Leonard A. Jaskiewicz and sought to operate as a common carrier, of entry on the international boundary J. William Cain, Jr., Madison Building, by motor vehicle, over irregular routes, line between the United States and Can­ 1155 15th Street NW., Washington, D.C. transporting: Nitrogen fertilizer solu­ ada at or near Port Huron, Mich., and 20005. Authority sought to operate as a tion, liquid fertilizer, and liquid fertilizer Niagara Falls, N.Y. N ote: If a hearing common carrier, by motor vehicle, over materials, from Seneca, 111., to points in is deemed necessary, applicant requests irregular routes, transporting: Fertilizer Indiana, Iowa, Kentucky, Michigan, it be held at Louisville, Ky., or Wash­ ington, D.C. and fertilizer materials, in bulk, and in Missouri, and Wisconsin. N ote: The bags, from that part of Nebraska bounded purpose of this republication is to show No. MC 110325 (Sub-No. 44), filed by U.S. Highway 6 on the north, by the commodity as nitrogen fertilizer February 1, 1968. Applicant: TRANS- Nebraska Highway 14 on the east, by solution, in lieu of nitrogen fertilizer, as CON LINES, a corporation, 1206 South Nebraska Highway 74 on the south, and it was erroneously shown. If a hearing is Maple Avenue, Los Angeles, Calif. 90015. U.S. Highway 281 on the west, to points deemed necessary, applicant requests it Applicant’s representative: Wentworth in Colorado, Wyoming, South Dakota, be held at Des Moines, Iowa, or Chicago, E. Griffin, 1221 Baltimore Avenue, Kan­ Minnesota, Iowa, Missouri, and Kansas. 111. sas City, Mo. 64105. Authority sought Note: If a hearing is deemed necessary, No. MC 108393 (Sub-No. 7), filed to operate as a common carrier, by mo­ applicant requests it be held at Omaha February 2, 1968. Applicant: SIGNAL tor vehicle, over regular routes, trans­ or Lincoln, Nebr. DELIVERY SERVICE, INC., 782 Indus­ porting: General commodities (except those of unusual value, livestock, house­ No. MC 107064 (Sub-No. 62), filed trial Drive, Elmhurst, HI. 60126. Appli­ cant’s representative: J. A. Kundtz, 1050 hold goods as defined by the Commis­ February 5, 1968. Applicant: STEERE sion, and commodities requiring special TANK LINES, INC., 2808 Fairmount Union Commerce Building, Cleveland, equipment), serving the plantsite of Street, Post Office Box 2998, Dallas, Tex. Ohio 44115. Authority sought to operate Westinghouse Electric Corp., at or near 75201. Applicant’s representative: Hugh as a contract carrier, by motor vehicle, Sykesville, Md., as an off-route point in T. Matthews, 630 Fidelity-Union Tower, over irregular routes, transporting: connection with applicant’s regular- Oallas, Tex. 75201. Authority sought to Merchandise dealt in Toy retail depart­ route service to and from Baltimore, Md. operate as a common carrier, by motor ment stores and mail order houses, be­ N ote: If a hearing is deemed necessary, vehicle, over irregular routes, transport­ tween Elizabeth and Maywood, N.J., on applicant requests it be held at Washing­ ing: Fertilizers, sulphur, and sulphur the one hand, and, on the other, points ton, D.C. products, from points in Castro County, in Nassau, Orange, and Suffolk Counties, ex., to points in Alabama, Arizona, N.Y., and points in Fairfield County, No. MC 110525 (Sub-No. 855), filed Conn., under contract with Sears, Roe­ January 29,1968. Applicant: CHEMICAL Arkansas, Colorado, Georgia, Illinois, LEAMAN TANK LINES, INC., 520 East Indiana, Iowa, Kansas, Kentucky, Lou- buck & Co. N ote: Applicant is also au­ siana, Mississippi, Missouri, Nebraska, thorized to conduct operations as a com­ Lancaster Avenue, Downingtown, Pa. mon carrier in certificate No. MC 118459, 19335. Applicant’s representatives: Ed­ Jowa, New Mexico, Oklahoma, South win H*. van Deusen (same address as ap­ ote therefor, dual operations may be in­ Carolina, Tennessee, and Texas. N : plicant), and Leonard A. Jaskiewicz, a hearing is deemed necessary, ap­ volved. If a hearing is deemed necessary, applicant requests it be held at Washing­ Madison Building, 1155 15th Street NW., plicant requests it be held at Dallas, Tex. Washington, D.C. 20005. Authority MC 107104 (Sub-No. 12) (Correc- ton, D.C., or Cleveland, Ohio. sought to operate as a common carrier, fifed January 4, 1968, published No. MC 109397 (Sub-No. 159), filed by motor vehicle, over irregular routes, iqroRAL BegisteR issue of January 25, January 29, 1968. Applicant: -TRI­ transporting: Mercaptans and gas odor­ i ^ n d republished as corrected this STATE MOTOR TRANSIT CO., a corpo­ ants, in bulk, in tank vehicles, from applicant: ARTHUR R. ALTNOW, ration, Post Office Box 11$, Joplin, Mo. Houston, Tex., to points in Oregon and Tn^T-?1^ 11688 AS LODI TRUCK SERV- 64802. Applicant’s representative: Max Washington. N ote; If a hearing is P W f 08* ° fflce Box H I, 1420 South G. Morgan, 450 American National deemed necessary, applicant requests it Cherokee Lane, Lodi, Calif. 95240. Building, Oklahoma City, Okla. 73102. be held at Washington, D.C.

No. 32—...7 FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3030 NOTICES

No. MC 110525 (Sub-No. 856), filed Robert E. Bom, 1425 Franklin Road SE., tional Bank Building, Omaha, Nebr, January 29,1968. Applicant: CHEMICAL Marietta, Ga. 30060. Authority sought to 68102. Authority sought to operate as a LEAMAN TANK LINES, INC., 520 East operate as a common carrier, by motor common carrier, by motor vehicle, over Lancaster Avenue, Downingtown, Pa. vehicle, over irregular routes, transport­ irregular routes, transporting: (1) Fro­ 19335. Applicant’s Representatives: Ed­ ing: Iron and steel articles and iron and zen foods (a) from Portland, Maine, to win H. van Deusen (same address as ap­ steel products, from Weirton, W. Va., and points in Delaware, District of Columbia, plicant) , and Leonard A. Jaskiewicz, Steubenville, Ohio, to points in Alabama, Maryland, New Jersey, New York, Penn­ Madison Building, 1155 15th Street NW„ Florida, Georgia, North Carolina, South sylvania, Virginia, and West Virginia; Washington, D.C. 20005. Authority Carolina, Mississippi, and Tennessee. (b) from Watertown, Mass., to points sought to operate as a common carrier, N ote: If a hearing is deemed necessary, in District of Columbia, Illinois, Indiana, by motor vehicle, over irregular routes, applicant requests it be held at Wash­ Iowa, Kentucky, Michigan, Minnesota, transporting: Alcohol and alcoholic liq­ ington, D.C. Missouri, New York, Ohio, Pennsylvania, uors, in bulk, in tank vehicles, between No. MC 111740 (Sub-No. 23), filed and Wisconsin, and (c) from Penobscott, Lawrenceburg, Ind., on the one hand, January 22, 1968. Applicant: OIL Maine, to points in Delaware, District of and, on the other, St. Louis, Mo., and TRANSPORT COMPANY, a corporation, Columbia, Illinois, Indiana, Iowa, Ken­ Schenley, Pa. N ote: If a hearing is East Highway 80, Post Office Drawer tucky, Maryland, Michigan, Minnesota, deemed necessary, applicant requests it 2679, Abilene, Tex. 79604. Applicant’s Missouri, New Jersey, New York, Ohio, be held at Washington, D.C. representative: Jerry Prestridge, Post Pennsylvania, Virginia, West Virginia, No. MC 110525 (Sub-No. 857), filed Office Box 1148, Austin, Tex. 78767. Au­ and Wisconsin, and (2) potato products January 30, 1968. Applicant: CHEMICAL thority sought to operate as a common (other than frozen), from Presque Isle, LEAMAN TANK LINES, INC., 520 East carrier, by motor vehicle, over irregular Maine, to points in Delaware, District of Lancaster Avenue, Downington, Pa. routes, transporting: Liquid sulphur, in Columbia, Illinois, Iowa, Indiana, Ken­ 19335. Applicant’s representatives: Ed­ bulk, in tank vehicles, between points in tucky, Maryland, Michigan, Minnesota, win H. van Deusen (same address as ap­ New Mexico and Texas, on and west of Missouri, New Jersey, New York, Ohio, plicant), and Leonard A. Jaskiewicz, U.S. Highway 81. N ote: Applicant states Pennsylvania, West Virginia, and Wis­ Madison Building, 1155 15th Street, NW., that the authority sought herein, tacking consin. N ote: If a hearing is deemed Washington, D.C. 20005. Authority sought to its presently held Sub-No. 8 would al­ necessary, applicant requests it be held at to operate as a common carrier, by motor low applicant to use any origin point in Boston, Mass., New York, N.Y., or Wash­ vehicle, over irregular routes, transport­ Texas on and west of U.S. Highway 81 ington, D.C. ing: Caprolactam; in bulk, in tank vehi­ or any origin point in New Mexico on No. MC 111862 (Sub-No. 20), filed cles, from Taft, La., to Manchester, N.H., shipments of sulphur destined to any February 2, 1968. Applicant: HENNES and Spirit Lake, Iowa. N ote: If a hearing point in the Texas counties of McMullen, TRUCKING CO., a corporation, 338 is deemed necessary, applicant requests Live Oak, Atascosa, Karnes, Frio/ Wil­ South 17th Street, Milwaukee, Wis., it be held at Washington, D.C. son, Bee, and La Salle. Such a tack and 53233. Applicant’s representative: Jack No. MC 111302 (Sub-No. 44), filed Feb­ movement would be restricted to that B. Josselson, 700 Atlas Bank Building, ruary 5, 1968. Applicant: HIGHWAY sulphur traffic which will be the subject Cincinnati, Ohio 45202. Authority sought TRANSPORT, INC., Post Office Box 79, of an immediately subsequent rail move­ to operate as a contract carrier, by Powell, Term. 37849. Applicant’s repre­ ment. This tack of authority would be motor vehicle, over irregular routes, sentative: Hoyt Starr, 1120 West Griffin practical only on any possible shipment transporting: Cement, from Dundee Road, Lakeland, Fla. 33803. Authority of sulphur which might originate just (Munroe County), Mich., to points in sought to operate as a common carrier, outside (no greater than 50 miles) the Ohio, Indiana, West Virginia, and Penn­ by motor vehicle, over irregular routes, western county lines of La Salle and Frio sylvania, and from Independence (Cuya­ transporting: Liquid plastics, in bulk, in Counties, Tex. The authority sought hoga County), Ohio, to points in West tank vehicles, from the plantsite of the herein could be tacked to its presently Virginia, under contract with Dundee Alpha Chemical Corp. located at or near held Sub 11, which would allow applicant Cement Co. N ote : If a hearing is deemed Lakeland, Fla., to points in Georgia, to originate sulphur at any New Mexico necessary, applicant requests it be held North Carolina, South Carolina, and origin point and traverse through any at Washington, D.C. Texas. N ote: If a hearing is deemed point in that part of Texas which is lo­ No. MC 112520 (Sub-No. 173), filed necessary, applicant requests it be held cated on and west of U.S. Highway 80 on January 31, 1968. Applicant: McKENZIE at Tampa, or Miami, Fla., or Washington, shipments destined to Tulsa, Okla. Appli­ TANK LINES, INC., Post Office Box D.C. cant states that it considers this tack to 1200, Tallahassee, Fla. 32302. Applicant’s No. MC 111435 (Sub-No. 32), filed Jan­ be practical, since the authority to per­ representative: W. Guy 'McKenzie, Jr. uary 31, 1968. Applicant: C & E TRUCK­ form the services from Lea County, N. (same address as applicant). Authority ING CORPORATION, Saugerties, N.Y. Mex., is presently held or contained in sought to operate as a common carrier, 12477. Applicant’s representative: Wil­ its Sub 11. Applicant further states that by motor vehicle, over irregular routes, liam T. Croft, 1815 H Street NW., Wash­ the authority sought herein, could be transporting: Processed clay, in bulk, in ington, D.C. 20006. Authority sought to tacked to its pending Sub 22 application tank vehicles, from points in Decatur operate as a contract carrier, by motor which would allow applicant to use any County, Ga., to points in Michigan and vehicles, over irregular routes, transport­ point in either Culberson, Pecos, or Minnesota. N ote : If a hearing is deemed ing: (1) Flavorings and flavoring syrups Reeves Counties, Tex., as gateways on necessary, applicant requests it be held and (2) liquid sugar, invert sugar, and shipments of sulphur which might orig­ at Atlanta, Ga. blends and mixtures of liquid and/or in­ inate from any point in Texas located vert sugar and corn syrup, in bulk, in No. MC 112595 (Sub-No. 35), filed on or west of U.S. Highway 81, destined February 6, 1968. Applicant: FORD tank vehicles, from New York and Yon­ to any point in Arizona. Such a move kers, N.Y., and Bayonne, N.J., to points BROTHERS, INC., Post Office Box 419, would be limited only to that sulphur Ironton, Ohio 45638. Applicant’s repre­ in Delaware and Maryland, under con­ not derived from either petroleum or pe­ tract with Corn Products Co. and its sentative: Charles F. Dodrill, 600 Fifth troleum products. Applicant considers Avenue, Huntington, W. Va. 25719. Au­ wholly owned subsidiary, Refined Syrups this tack to be practical, depending upon & Sugars, PepsiCo, and American Molas­ thority sought to operate as a common the location of the origin point. If a hear­ carrier, by motor vehicle, over irregular ses. N ote: Applicant states that no dupli­ ing is deemed necessary, applicant re­ routes, transporting: Carbon black, in cating authority is sought. If a hearing quests it to be held at El Paso or Dallas, is deemed necessary, applicant does not Tex. bulk, in tank or hopper-type vehicles, specify a location. from Belpre (Washington County), No. MC 111812 (Sub-No. 360), filed Ohio, and points in Pleasants County, No. MC 111545 (Sub-No. 103), filed February 1, 1968. Applicant: MIDWEST January 29, 1968. Applicant: HOME W. Va., to points, in Indiana, Maryland, COAST TRANSPORT, INC,, 405% East Kentucky, Massachusetts, Michigan, TRANSPORTATION COMPANY, INC., Eighth Street, Post Office Box 1233, Sioux New York, Ohio, Pennsylvania, Virginia, Post Office Box 6426, Station A, Marietta, Falls, S. Dak. 57101. Applicant’s repre­ and West Virginia. N ote: If a hearing is Ga. 30060. Applicant’s representative: sentative: Donald L. Stern, 630 City Na­ deemed necessary, applicant requests it

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3031 be held at Columbus, Ohio, or Washing­ SHAUGHNESSY, 576 Carman Avenue, and dairy products, and articles distrib­ ton, D.C. Westbury, N.Y. Applicant’s representa­ uted by meat packinghouses, as de­ No. MC 113362 (Sub-No. 142), filed tive: Morton E. Kiel, 140 Cedar Street, scribed in sections A, B, and C of ap­ January 30, 1968. Applicant: ELLS­ New York, N.Y. 10006. Authority sought pendix I, Description in Motor Carrier WORTH FREIGHT LINES, INC., 220 to operate as a contract carrier, by Certificates, 61 M.C.C. 766 and 61 M.C.C. East Broadway, Eagle Grove, Iowa 50533. motor vehicle, over irregular routes, 209, except commodities in bulk, in tank Applicant’s representative: Donald L. transporting: Steel studding, sheet vehicles, and hides, from Colorado Stern, 630 City National Bank Building, metal building products, steel corner Springs, Denver, Greeley, and Pueblo, Omaha, Nebr. 68102. Authority sought beads, ' ceiling and floor runners, Colo., to points in Arizona and Nevada; to operate as a common carrier, by fasteners, cutting machines, and jacks, (2) meats, meat products, meat byprod­ motor vehicle, over irregular routes, from-Westbury, N.Y., to points in New ucts, dairy products, and articles dis­ transporting: Chewirig gurn^.base, from Hampshire, Vermont, Massachusetts, tributed by meat packinghouses, as de­ Oak Tree, N.J., to Chicago, Franklin Rhode Island, Connecticut, New Jersey, scribed in sections A, B, and C of ap­ Park, and Naperville, 111. Note: If a New York, Pennsylvania, Maryland, pendix I, Description in Motor Carrier hearing is deemed necessary, applicant Delaware, and the District of Columbia, Certificates, 61 M.C.C. 209 and 61 M.C.C. requests it be held at Chicago, HI. and returned shipments on return, under 766, except commodities in bulk, in tank No. MC 113459 (Sub-N(>. 44), filed contract with Marino Industries Corp. vehicles, and hides, from Colorado February 1, 1968. Applicant: H. J. N ote : If a hearing is deemed necessary, Springs, Greeley, and Pueblo, Colo., to JEFFRIES TRUCK LINE, INC., Post applicant requests it be held at New points in California; and, (3) dairy Office Box 94850, Oklahoma City, Okla. York, N.Y. products, as described in section B of 73109. Applicant’s representative: James No. MC 114323 (Sub-No. 9), filed appendix 1, Description in Motor Carrier W. Hightower, 136 Wynne wood Profes­ February 6, 1968. -Applicant: PAUL Certificates, 61 M.C.C. 209 and 61 M.C.C. sional Building, Dallas, Tex. 75224. Au­ MARCKESANO & SONS CO., INC., 766, except commodities in bulk, in tank thority sought to operate as a common 54th Avenue and Fifth Street, Long Is­ vehicles, from Denver, Colo., to points carrier, by motor vehicle, over irregular land City, N.Y. 11101. Applicant’s repre­ in California. N ote: If a hearing is routes, transporting: (1) Lift and hoist sentative: Morton E. Kiel, 140 Cedar deemed necessary, applicant requests it trucks, (2) tractors (other than truck Street, New York, N.Y. 10006. Authority be held at Denver, Colo., Lincoln, Nebr., tractors), and (3) attachments and ac­ sought to .operate as a common carrier, or Salt Lake City, Utah. „ cessories for items described in Nos. (1) by motor vehicle, over irregular routes, No. MC 115840 (Sub-No. 32), filed Jan­ and (2) above, from the plant sites of transporting: Dry cement, from the stor­ uary 29, 1968. Applicant: COLONIAL Towmotor Corp. at Cleveland and Men­ age site of Cilco Cement Corp. in Long FAST FREIGHT LINES, INC., 1215 tor, Ohio, to points in Missouri, Ar­ Island City, N.Y., to points in Ulster Bankhead Highway West, Post Office Box kansas, Louisiana, Texas, Oklahoma, County, N.Y. N ote: Jf a hearing is Box 2169, Birmingham, Ala. 35201. North Dakota, Montana, New Mexico, deemed necessary, applicant requests it Applicant’s representative: C. E. Wes­ Kansas, Colorado, Nebraska, Wyoming, be held at New York, N.Y. ley (same address as applicant). Au­ and South Dakota, restricted to traffic No. MC 114364 (Sub-No. 158), filed thority sought to operate as a common originating at and destined to the points January 29, 1968. Applicant: WRIGHT carrier, by motor vehicle, over irregular named above. N ote: If a hearing is MOTOR LINES, INC., Post Office Box routes, transporting: Shells and shell deemed necessary, applicant requests it 1191, 1401 North Little Street, Cushing, meal (except in bulk, in tank vehicles), be held at Chicago, 111., or Washington, Okla. 74023. Applicant’s representative: from points in Marion County, Fla., to D.C. . — ■ Rodger Spahr (same address as appli­ points in Alabama, Georgia, Louisiana, No. MC 113678 (Sub-No. 308), filed cant) . Authority sought to operate as a Mississippi, and Tennessee. N ote: If a January 31, 1968. Applicant: CURTIS, common carrier, by motor vehicle, over hearing is deemed necessary, applicant INC., 770 East 51st Avenue, Denver, Colo. irregular routes, transporting: Food­ requests it be held at Tampa, Fla., or 80216. Applicant’s representatives: Du­ stuffs, in containers, from Rocky Ford, Birmingham, Ala. ane W. Acklie and Richard Peterson, Colo., to points in Arizona, Arkansas, No. MC 116014 (Sub-No. 35), filed Jan­ Post Office Box 806, Lincoln, Nebr. 68508. California, Idaho, Illinois, Indiana, Iowa, uary 30, 1968. Applicant: OLIVER Authority sought to operate as a com­ Kansas, Kentucky, Louisiana, Michigan, TRUCKING COMPANY, INC., Post Of­ mon carrier, by motor vehicle, over ir­ Minnesota, Mississippi, Missouri, Mon­ fice Box 53, Winchester, Ky. 40391. Ap­ regular routes, transporting: Meat, meat tana, Nebraska, Nevada, New Mexico, plicant’s representative: Louis J. Amato, products, meat byproducts and articles North Dakota, Oklahoma, Oregon, South Post Office Box E, Bowling Green, Ky. distributed by meat packinghouses, Dakota, Tennessee, Texas, Utah, Wash­ 42101. Authority sought to operate as from Sioux City, Iowa, and its commer­ ington, Wisconsin, and Wyoming. a common carrier, by motor vehicle, over irregular routes, transporting: cial zone, to points in Maine. N ote: If a No. MC 115441 (Sub-No. 1), filed Lumber, cooperage stock, anil wood hearing is deemed necessary, applicant January 31, 1968. Applicant: ELMER requests it be held at Omaha, Nebr. products, between Louisville, Ky., on the R. JOHNSON AND MARVIN W. one hand, and, on the other, points in No. MC 113828 (Sub-No. 139), filed JOHNSON, a partnership, doing busi­ Illinois, North Carolina, Ohio, Pennsyl­ February 5, 1968. Applicant: O’BOYLE ness as JOHNSON BROS., Miles, Iowa vania, Tennessee, Virginia, and West TANK LINES, INCORPORATED, 4848 52064. Applicant’s representative;. Wil­ Virginia. N ote: If a hearing is deemed Cordell Avenue, Washington, D.C. 20014. liam A. Landau, 1451 East Grand Ave­ necessary, applicant requests it be held Applicant’s representative: William P. nue, Des Moines, Iowa 50306. Authority at Louisville, Ky. Sullivan, Federal Bar Building West, sought to operate as a common carrier, No. MC 116111 (Sub-No. 6), filed Feb­ JS9 H street NW„ Washington, D.C. by motor vehicle, over irregular routes, ruary 5, 1968. Applicant: NORTH KAN­ 20006. Authority sought to operate transporting: Malt beverages, from Chi­ SAS CITY TOW SERVICE, INC., 901 as a common carrier, by motor vehicle, cago, HI., and Milwaukee, Wis., to Clin­ East 13th Avenue, North Kansas City, over irregular routes, transporting: (1) ton, IoWa. N ote: If a hearing is deemed Mo. 64116. Authority sought* to operate Dry sugar, in bulk, in tank vehicles, from necessary, applicant requests it be held as a common carrier, by motor vehicle, « ore’ ^ . , Institute, W. Va., and at Des Moines or Clinton, Iowa. over irregular routes, transporting: fly ash, in bulk (a) from Cleveland, No. MC 115826 (Sub-No. 182) , filed Wrecked, disabled, or repossessed motor va., to points in North Carolina, Tennes­ January 25, 1968. Applicant: W. J. vehicles, by use of wrecker equipment see, and West Virginia, and (b) from DIGBY, INC., 1960 31st Street, Post only, and replacement vehicles for yuasgow, W. Va., to points in Kentucky, Office Box 5088, Terminal Annex, Den­ wrecked or disabled motor vehicles, in O*1*0* Pennsylvania, Virginia, ver, Colo. 80217. Applicant’s represent­ secondary movements, in truckaway (W Virginia. N ote: If a hearing is ative: R. H. Jinks (same address as ap­ service, between Kansas City, Mo., on eemed necessary, applicant requests it plicant). Authority sought to operate as the one hand, and, on the other, points held at Washington, D.C. a common carrier, by motor vehicle, over in Colorado, Indiana, Kentucky, New No. Me 114236 (Sub-No. 1), filed Feb- irregular routes, transporting: (1) Mexico, Ohio, Tennessee, and Texas. ruary l, 1968. Applicant: JOHN A. Meats, meat products, meat byproducts, N ote: If a hearing is deemed necessary,

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3032 NOTICES

applicant requests it be held at Kansas quests it be held at Las Vegas, Nev., or houses as described in sections A and C City, Mo., or Topeka, Kans. Los Angeles, Calif. of appendix I to the report in Descrip­ No. MC 116145 (Sub-No. 6), filed No. MC 117037 (Sub-No. 4), filed tions in Motor Carrier Certificates, 61 February 1, 1968. Applicant: G. G. February 1, 1968. Applicant: CLAYTON M.C.C. 209 and 766 (except hides and PARSONS TRUCKING CO., a corpora­ B. GILBERT III, doing business as C. B. commodities in bulk, in tank vehicles), tion, Post Office Box 1085, North Wilkes- GILBERT, 702 Murfreesboro Road, from Worland, Wyo., to points in boro, N.C. 28659. Applicant’s representa­ Nashville, Tenn. 37210. Authority sought Colorado, Utah, Idaho, and Montana. tive: Francis J. Ortman, 1700 Penn­ to operate as a contract carrier, by motor N ote: Applicant states that tacking sylvania Avenue NW., Washington, D.C. vehicle, over irregular routes, transport­ could take place at Worland, Wyo., and 20006. Authority sought to operate as a ing: Bakery products, from Nashville, Billings, Mont., to serve California, Ore­ contract carrier, by motor vehicle, over Tenn., to points in Logan County, Ky., gon, and Washington. If a hearing is irregular routes, transporting: Glass bot­ under contract with American Bread Co. deemed necessary, applicant requests it tles, from Shelby, Ohio, to points in N ote: If a hearing is deemed necessary be held at Billings, Mont. Georgia, North Carolina, South Carolina, applicant requests it be held at Nashville, No. MC 118535 (Sub-No. 37), filed New Jersey, that part of New York east Tenn., or Atlanta, Ga. February 2,1968. Applicant: JIM TIONA, of a line beginning at Oswego and ex­ No. MC 117883 (Sub-No. 109), filed JR., 803 West Ohio Street,. Butler, Mo. tending along New York Highway 57 to February 1, 1968. Applicant: SUBLER 64730. Applicant’s representative: Carll Syracuse, thence along U.S. Highway 11 TRANSFER, INC., East Main Street, V. Kretsinger, 450 Professional Building, to the New York-Pennsylvania State Versailles, Ohio 45380. Applicant’s rep­ 1103 Grand Avenue, Kansas City, Mo. line, and to Rocky Mount, Va., under a resentative: Kenneth Subler, Post Office 64106. Authority sought to operate as a continuing contract with Chattanooga Box 62, Versailles, Ohio 45380. Authority common carrier, by motor vehicle, over Glass Co., Inc. N ote: Applicant holds sought to operate as a common carrier, irregular routes, transporting: (1) Dry common carrier authority under MC by motor vehicle, over irregular routes, animal and poultry feed, and feed in­ 117427 and subs thereunder, therefore transporting: Meat, meat products, meat gredients, from points in the Kansas City, dual operations may be involved. If a byproducts, and articles distributed by Mo.-Kans., commercial zone, as defined hearing is deemed necessary, applicant meat packinghouses, as described in ap­ by the Commission, and Hutchinson, requests it be held at Washington, D.C. pendix I to the report in Descriptions in Kans., to points in Montana, Wyoming, No. MC 116273 (Sub-No. 101), filed Motor Carrier Certificates, 61 M.C.C. 209 Colorado, New Mexico, North Dakota, January 25, 1968. Applicant: D & L and 766 (except hides and commodities South Dakota, Nebraska, Kansas, Okla­ TRANSPORT, INC., 3800 South Laramie in bulk, in tank vehicles), from the plant- homa, Texas, Minnesota, Iowa, Missouri, Avenue, Cicero, 111. 60650. Applicant’s site and storage facilities of Sugardale Arkansas, Louisiana, Wisconsin, Hlinois, representative: William R. La very (same Provision Co. located- at Canton, Ohio, Michigan, Indiana, Ohio, Kentucky, Ten­ address as applicant). Authority sought to points in Delaware, Maryland, New nessee, Mississippi, and Alabama, and to operate as a common carrier, by motor Jersey, New York, Pennsylvania, and the (2) feed ingredients, from points in the vehicle, over irregular routes, transport­ District of Columbia. N ote: Applicant destination States specified in No. (1) ing: (1) Nitrogen fertilizer solutions, states that no duplicating authority is above, to points in the Kansas City, Mo.- liquid fertilizers, and liquid fertilizer being sought. If a hearing is deemed Kans., commercial zone, as defined by the materials in bulk, in tank vehicles, from necessary, applicant requests it be held at Commission, and Hutchinson, Kans. Seneca, 111., and points within 5 miles Cleveland or Columbus, Ohio. N ote: If a hearing is deemed necessary, thereof to points in Indiana, Iowa, No. MC 118082 (Sub-No. 3), filed applicant requests it be held at Kansas Kentucky, Michigan, Missouri, and Wis­ January 29, 1968. Applicant: JOHN City, Mo., or Chicago, 111. consin and (2) anhydrous ammonia, ni­ WILLIAM DALRYMPLE, 4509 Ridge No. MC 119400 (Sub-No. 3), filed Jan­ trogen fertilizer solutions, liquid fertil­ Drive, Forest Park, Ga. 30050. Applicant’s uary 31, 1968. Applicant: TOM izers, and liquid fertilizer materials in representative: Monty Schumacher, 2045 SIMANEK, doing business as SIMANEK bulk, in tank vehicles, from Galesville, Peachtree Road, NE., Suite 310, Atlanta, OIL TRANSPORT, ^150 West Seventh 111., to points in Indiana restricted to Ga. 30309. Authority sought to operate Street, Wahoo, Nebr. 68066. Applicant’s traffic originating at the plantsite and as a common carrier, by motor vehicle, representative: J. Max Harding, 605 facilities of the F. S. Royster Guano Co. over irregular routes, transporting: Ba­ South 14th Street, Post Office Box 2028, N ote : Applicant indicates tacking possi­ nanas, form Charleston, S.C., Jackson­ Lincoln, Nebr. Authority sought to oper­ bilities with its Sub 7 at the Indiana por­ ville, Fla., and Gulfport, Miss., to Atlanta, ate as a common carrier, by motor ve­ tion of the Chicago commercial zone to Ga. N ote : If a hearing is deemed neces­ hicle, over irregular routes, transporting: Colorado, Wyoming, and portions of sary, applicant requests it be held at Anhydrous ammonia, urea, and fertilizer, Nebraska and South Dakota and with its Atlanta, Ga. from Omaha, Nebr., to points in Iowa, Sub 6 at Whiting, Ind., to portions of No. MC 118288 (Sub-No. 26), filed Kansas, Minnesota, Missouri, Nebraska, Iowa, Michigan, Missouri, and Wiscon­ January 31, 1968. Applicant: STEPHEN North Dakota, and South Dakota. Note: sin. If a hearing is deemed necessary, F. FROST, Post Office Box 28, Billings, If a heaping is deemed necessary, appli­ applicant requests it be held at Chicago, Mont. 59103. Authority sought to operate cant requests it be held at Omaha and HI. as a common carrier, by motor vehicle, Lincoln, Nebr. No. MC 116427 (Sub-No. 7), filed over irregular routes, transporting: Meat No. MC 119547 (Sub-No. 20), filed February 5,1968. Applicant: LAS VEGAS hooks, palletts, barrels, meat racks, bins, February 2, 1968. Applicant: EDGAR W. TANK LINES, INC., doing business as and supplies and articles used or useful LONG, Route No. 4, Zanesville, Ohio LAS VEGAS TRUCK LINE, Post Office by meat packinghouses, when destined to 43701. Applicant’s representative: Rich­ Box 295, Las Vegas, Nev. Applicant’s rep­ a meat packinghouse, from points in ard H. Brandon, 79 East State Street, resentative: Ernest D. Salm, 3846 Evans California, Washington, Oregon, Utah, Columbus, Ohio 43215. Authority sought Street, Los Angeles, Calif. 90027. Authori­ Idaho, Wyoming, Colorado, Nevada, Min­ to operate as a common carrier, by motor ty sought to operate as a common carrier, nesota, Hlinois, Wisconsin, Kansas, Iowa, vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, and Nebraska to Billings, Mont. N ote: ing: Fabric and cloth, coated and un­ transporting: General commodities (ex­ If a hearing is deemed necessary, ap­ coated and items used in the manufac­ cept those of unusual value,, classes A plicant requests it be held at Billings, ture and distribution of fabric and cloth, and B explosives, household goods as de­ Mont. between Coshocton, Ohio, on the one fined by the Commission, commodities in No. MC 118288 (Sub-No. 27), filed hand, and, on the other, points in the bulk, and those requiring special equip­ January 31, 1968. Applicant: STEPHEN United States (except Alaska ana Hawaii). N ote: If a hearing is deemed ment) , between Apex and Blue Diamond, F. FROST, Post Office Box 28, Billings, necessary, applicant requests it be held Nev., on the one hand, and, on the other, Mont. 59103. Authority sought to operate as a common carrier, by motor vehicle, at Columbus, Ohio. points in Los Angeles, Riverside, and over irregular routes, transporting: Meat, No. MC 119767 (Sub-No. 207), filed Orange Counties, Calif. N ote: If a hear­ meat products, meat byproducts, and January 29, 1968. Applicant: BEAVER ing is deemed necessary, applicant re­ articles distributed by meat packing­ TRANSPORT CO., a corporation, 10«

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3033 South Calumet Street, Burlington, Wis. (1) through (5) above, from Minden, Sweetening compound, drugs, and jani­ 53105. Applicant’s representative: Allan La., to points in Alabama, Arkansas, torial supplies, from Chicago and Melrose B. Torhorst, Post Office Box 339, Burling­ Georgia, Illinois, Indiana, Iowa, Kansas, Park, HI., to points in Alabama, Arizona, ton, Wis. 53105. Authority sought to op­ Kentucky, Michigan, Minnesota, Mis­ California, Georgia, Idaho, Mississippi, erate as a common carrier, by motor sissippi, Missouri, Ohio, Oklahoma, Ten­ Nevada, New Mexico, Oregon, Utah, and vehicle, over irregular routes, transport­ nessee, Texas, and Wisconsin. N ote: If Washington, and outdated, refused, and ing: Canned goods and foodstuffs (ex­ a hearing is deemed necessary, applicant rejected shipments, on return, and (3) cept frozen foods), from points in Wis­ requests it be held at Jackson, Miss., or buffing, polishing, cleaning, scouring, and consin to points in Ohio and the Lower Memphis, Tenn. washing compounds; solvents, starch, Peninsula of Michigan. Note: Applicant No. MC 123393 (Sub-No. 195), filed germicides, sponges, and toilet prepara­ states that it intends to tack the au­ December 14, 1967. Applicant: BILYEU tions; and advertising materials moving thority sought herein to serve points un­ REFRIGERATED TRANSPORT COR­ with the described commodities, from der its present authority in MC 119767, PORATION, 2105 East Dale Street, points in Los Angeles County and Emery­ whereas it is authorized to operate in Springfield, Mo. 65803. Applicant’s rep­ ville, Calif., to Denver, Colo.; Kansas Wisconsin, Minnesota, Illinois, and resentative: Harley E. Laughlin (same City, Mo., and Chicago, Melrose Park, Indiana. If a hearing is deemed neces­ address as applicant). Authority sought and Carpentersville, HI.; and outdated, sary, applicant requests it be held at to operate as a common carrier, "by refused, and rejected shipments, on re­ Chicago, HI. motor vehicle, over irregular routes, turn, under a continuing contract with No. MC 119789 (Sub-No. 25), filed Feb­ transporting: Meats, meat products, and Alberto-Culver- Co., of Melrose Park, 111. ruary 2,1968. Applicant: CARAVAN RE­ meat byproducts and articles distrib­ N ote: The purpose of this republication FRIGERATED CARGO, INC., Post Office uted by meat packinghouses, from is to include the three additional States Box 6, Opelousas, La. 70570. Applicant’s Wahoo, Nebr., and points within 15 miles of Alabama, Georgia, and Mississippi to representative: Paul M. Daniell, 1600 thereof, to points in the United States part (1) above, and to add the destination First Federal Building, Atlanta, Ga. (except Hawaii). N ote: Common con­ point of Carpentersville, 111., to part (2) 30303. Authority sought to operate as a trol may be involved. If a hearing is above. If a hearing is deemed necessary, common carrier, by motor vehicle, over deemed necessary, applicant requests it applicant requests it be held at Chicago, irregular routes, transporting: Food­ be held at Kansas City, Mo., or Omaha, HI. stuffs, from points in St. Landry, Iberia, Nebr. No. MC 124813 (Sub-No. 51), filed Lafayette, and St. Martin, Parishes, La., No. MC 124154 (Sub-No. 19), filed February 1, 1968. Applicant: UMTHUN to points in Arizona, California, Idaho, TRUCKING CO., a corporation, 910 New Mexico, Nevada, Oregon, Texas, January 29, 1968. Applicant: WINGATE TRUCKING COMPANY, INC., Post Office South Jackson Street, Eagle Grove, Iowa Utah, and Washington. N ote : If a hear­ Box 1372, Albany, Ga. 31702. Applicant’s 50533. Applicant’s representative: Wil­ ing is deemed necessary, applicant re­ liam A. Landau, 1451 East Grand Avenue, quests it be held at New Orleans, La. representative: W. Guy McKenzie, Jr., Post Office Box 1200, Tallahassee, Fla. Des Moines, Iowa 50306. Authority sought No. MC 123048 (Sub-No. 118), filed to operate as a common carrier, by mo­ January 29, 1968. Applicant: DIAMOND 32302. Authority sought to operate as a common carrier, by motor vehicle, over tor vehicle, over irregular routes, trans­ TRANSPORTATION SYSTEM, INC., porting: Agricultural chemicals (except 1919 Hamilton Avenue, Racine, Wis. irregular routes, transporting: Agricul­ tural chemicals and agricultural chemi­ in bulk), from points in Stark County, 53403. Applicant’s representative: C. HI., to points in Iowa, Minnesota, Mis­ Ernest Carter, Box A, Racine, Wis. 53401. cal materials, in containers, between souri, and Wisconsin. N ote: Applicant Authority^ sought to operate as a com­ points in Alabama, Florida, Georgia, and mon carrier, by motor vehicle, over ir­ Tennessee. N ote: If a hearing is deemed holds contract carrier authority under regular routes, transporting: Cl) Agri­ necessary, applicant requests it be held MC 118468 (Sub-No. 16) and subs there­ cultural and farm equipment, agricul­ at Atlanta, Ga., or Tampa, Fla. under, therefore dual operations may be tural and farm machinery and parts No. MC 124554 (Sub-No. 7), filed Feb­ involved. If a hearing is deemed neces­ thereof, equipment, materials, and sup­ ruary 5, 1968. Applicant: HILARD F. sary, applicant requests it be held at plies used in the installation, construc­ LANG AND MEDARD SCHMITZ, a part­ Des Moines, Iowa. tion, and erection thereof, and (2) ma­ nership, doing business as LANG CART­ No^MC 125777 (Sub-No. 121), filed terials, equipment, and supplies, used or AGE, 338 South 17th Street, Milwaukee, January 31, 1968. Applicant: JACK useful in the manufacture of the com­ Wis. 53233. Applicant’s representative: GRAY TRANSPORT, INC., 4600 East modities above, between points in Wash­ William C. Dineen, 710 North Plankinton 15th Avenue, Gary, Ind. 43406. Appli­ ington County, Miss., on the one hand, Avenue, Milwaukee, Wis. 53203. Authority cant’s representative: Carl L. Steiner, 39 and, on the other, points in Alabama, sought to operate as a contract carrier, South La Salle Street, Chicago, HI. 60603. Arizona, Arkansas, California, Florida, by motor vehicle, over irregular routes, Authority sought to operate as a common Georgia, Illinois, Indiana, Iowa, Kansas, transporting: Such merchandise as is carrier, by motor vehicle, over irregular Kentucky, Louisiana, Michigan, Minne­ dealt in by retail mail order houses, from routes, transporting: Dead burnt mag­ sota, Missouri, Nebraska, New Mexico, La Crosse, Wis., to points in Winona, nesite, in bulk, from Midland, Mich., to North Dakota, Ohio, Oklahoma, South Wabasha, Goodhue, Dakota, Houston, Louisville, Ky. N ote: If a hearing is Dakota, Tennessee, and Texas. N ote: If Freeborn, Steele, Dodge, Mower, Olmsted, deemed necessary, applicant requests it a hearing is deemed necessary, applicant Fillmore, and Waseda Counties, Minn, be held at Chicago, HI., or Detroit, Mich. requests it be held at Jackson, Miss., or and returned merchandise, on return, No. MC 125918 (Sub-No. 6), filed Feb­ Memphis, Tenn. under contract with Stanley Home Prod­ ruary 1, 1968. Applicant: JOHN A. No. MC 123048 (Sub-No. 119), filed ucts, Inc., Westfield, Mass. N ote: Com­ DIMEGLIO, Whitehorse Pike, Ancora, January 31, 1968. Applicant: DIAMOND mon control may be involved. If a hearing N.J. 08037. Applicant’s representative: TRANSPORTATION SYSTEM, INC., is deemed necessary, applicant requests George A. Olsen, 69 Tonnele Avenue, Jer­ «Ino Avenue, Racine, Wis. it be held at Milwaukee, Wis. sey City, N.J. Authority sought to operate Applicant’s representatives: C. No. MC 124796 (Sub-No. 34) (Amend­ as a contract carrier, by motor vehicle, Ernest Carter, Post Office Box A, Racine, ment) , filed January 25, 1968, published over, irregular routes, transporting: wis. 53401, and Paul Gartzke, 121 West In F ederal R egister issue of February Brick, tile, and concrete products, (1) fJoty Street, Madison, Wis. 53703. Au- 8, 1968, and republished as amended this from Hazleton, Chambersburg, Beaver ®ougkt to operate as a common issue. Applicant: CONTINENTAL CON­ Falls, Fallston, and New Oxford, Pa., to airier, by motor vehicle, over irregular TRACT CARRIER CORP., 7236 East points in Mercer, Middlesex, Monmouth, Z ™ » transporting: (1) Agricultural Slauson Street, Los Angeles, Calif. 90022. Ocean, Burlington, Camden, Gloucester, Piements and farm machinery; (2) Applicant's representative: J. Max Hard­ Salem, Atlantic, Cumberland, and Cape t 9?™9 machinery; (3) tractors; (4) ing, 300 NSEA Building, 14th and J n \ eis’ . Roller bodies, trailer chassis, Streets, Post Office Box 2028, Lincoln, May Counties, N.J., and points in Dela­ . WdmuKc lifts; (5) concrete ma- Nebr. 68501. Authority sought to operate ware, (2) from Bradford and Summer­ (6) parts and attachmentsas a contract carrier, by motor vehicle, ville, Pa., to points in New Jersey and he commodities described in Items over irregular routes, transporting: (1) Delaware, and (3) from points in Ohio,

FEDERAL REGISTER, V O L 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3034 NOTICES

North Carolina, South Carolina, and Vir­ intermediate points; (6) between Chats­ tion states to Vicksburg, Miss. Note: If ginia, to points in New Jersey, Pennsyl­ worth Ga., and Chattanooga, Tenn., a hearing is deemed necessary, applicant vania, and Delaware, under contract from Chatsworth over U.S. Highway 76 requests it be held at Jackson, Miss., or with Diener Brick Co. N ote : If a hearing to Dalton, Ga., thence from Dalton to St. Louis, Mo. is deemed necessary, applicant requests Chattanooga as specified in (3) above, No. MC 128273 (Sub-No. 22), filed Feb­ it be held at Philadelphia, Pa., or Wash­ and return over the same route, serving ruary 1,1968. Applicant: MIDWESTERN ington, D.C. all intermediate points; (7) (a) between EXPRESS, INC., Box 189, Fort Scott, No. MC 126367 (Sub-No. 5)', filed Feb­ Hedges, Ga. (located approximately Kans. 66701. Applicant’s representative: ruary 1, 1968. Applicant: EVERGREEN three-quarters of a mile west of junc­ Harry Ross, 848 Warner Building, Wash­ TRUCKING COMPANY, a corporation, tion of Georgia Highways 341 and ington, D.C. 20402. Authority sought to Rural Route Box 39, Jewell, Oreg. Ap­ 143 on Georgia Highway 143), to operate as a common carrier, by motor plicant’s representative: Earle V. White, Atlanta, Ga., from Hedges over Georgia vehicle, over irregular routes, transport­ 2400 Southwest Fourth Avenue, Port­ Highway 143 to junction U.S. High­ ing: Carpet, floor coverings, and textile land, Oreg. 97201. Authority sought to way 41 at Calhoun, Ga., thence to products, from points in Lafayette Coun­ operate as a common carrier, by motor Atlanta as specified in (1) above, and ty, Ark., to points in Arizona, California, vehicle, over irregular routes, transport­ return over the same route, serving all Colorado, Idaho, Illinois, Iowa, Kansas, ing: Peeler cores, from points in Stevens, intermediate points, and (b) from Louisiana, Minnesota, Mississippi, Pend Oreille, and Spokane Counties, Hedges over Georgia Highway 143 to Missouri, Montana, Nebraska, Nevada, Wash., to points in Bonner County, junction Georgia Highway 201, thence New Mexico, North Dakota, Oklahoma, Idaho. N ote : If a hearing is deemed nec­ over Georgia Highway 201 to junction Oregon, South Dakota, Texas, Utah, essary, applicant requests it be held at U.S. Highway 41, thence over U.S. High­ Washington, Wisconsin, and Wyoming. Spokane, Wash. way 41 to Dalton, and thence from Dalton N ote: If a hearing is deemed necessary, to Atlanta as specified in (1) above, and applicant requests it be held at Little No. MC 126970 (Sub-No. 3), filed return over the same route, serving all January 31, 1968. Applicant: LIGON Rock, Ark. . *t : intermediate points; and (8) (a) be­ No. MC 128337 (Sub-No. 2), filed Feb­ SPECIALIZED HAULER, INC., Post tween Hedges, Ga., and Chattanooga, Office Drawer L, Madisonville, Ky. ruary 2, 1968. Applicant: ZED DAVIS, Tenn., from Hedges over Georgia High­ 1401 State Street, Washington, Ind. 42431. Applicant’s representative: Robert way 143 to junction Georgia Highway W. Loser, 409 Chamber of Commerce 47501. Applicant’s representative: James 341, thence over Georgia Highway 341 R. Arthur, 408-409 Peoples Bank Build­ Building, Indianapolis, Ind. 46204. Au­ to junction U.S. Highway 27, thence over thority sought to operate as a contract ing, Washington, Ind. 47501. Authority U.S. Highway 27 to Chattanooga, and sought to operate as a common carrier, carrier, by motor vehicle, over irregular return over the same route, serving all routes, transporting: Corn and corn by motor vehicle, over irregular routes, intermediate points, and (b) from transporting: Malt beverages and empty :products (except liquid com products, Hedges over Georgia Highway 143 to in bulk, in tank vehicles), from the plant containers for bait beverages, (1) from junction Georgia Highway 201, thence Peoria, 111., to Bloomfield, Ind., (2) New­ and warehouse facilities of Illinois over Georgia Highway 201 to junction Cereal Mills, Inc., Paris, 111., to points port, Ky., to Bloomfield, Ind., and (3) U.S. Highway 41 to Dalton, and thence Louisville, Ky., to Petersburg, Ind. Note: in ' Idaho, New Mexico, Nevada, North from Dalton to Chattanooga as specified Dakota, and Wyoming, under contract If a hearing is deemed necessary, appli­ in (3) above, and return over the same cant requests it be held at Indianapolis, with Illinois Cereal Mills, Inc., of Paris, route, serving all intermediate points. 111. N ote: Applicant is also authorized Ind., or Louisville, Ky. N ote : Applicant intends to interline with No. MC 128813 (Sub-No. 4), filed to conduct operations as a common carriers at Atlanta, Ga., and Chatta­ carrier in certificate MC 119777 and Subs, February 5, 1968. Applicant: C. R. ENG­ nooga, Tenn. If a hearing is deemed LAND & SONS, INC., 228 West Fifth therefor, dual operations may be in­ necessary, applicant requests it be held at volved. If a hearing is deemed neces­ South, Salt Lake City, Utah 84101. Appli­ Atlanta, Ga. cant’s representative: Mark K. Boyle, sary, applicant requests it be held at No. MC 127204 (Sub-No. 5), filed Feb­ Indianapolis, Ind., or Chicago, 111. ruary 5, 1968. Applicant: KINDSVATER, 345 South State Street, Salt Lake City, No. MC 127150 (Sub-No. 3), filed INC., Fort Dodge Road, Dodge City, Utah 84111. Authority sought to operate January 29, 1968. Applicant: GARLAND as a contract carrier, by motor vehicle, Kans. 67801. Applicant’s representative: over irregular routes, transporting: Fil­ R. BOYD, doing business as BOYD Arthur L. Claussen, 303 New England TRUCKING CO., 637 South Hamilton Building, Topeka, Kans. 66603. Au­ ters, component parts of filters, machin­ Street, Post Office Box 901, Dalton, Ga. thority sought to operate as a common ery, materials, and supplies used in the 30720. Applicant’s representative: Monty carrier, by motor vehicle, over irregular manufacture, inspection, installation, Schumacher, 2045 Peachtree Road, routes, transporting: Anhydrous am­ and promotion of filters and filter parts, NE., Suite 310, Atlanta, Ga. 30309. monia, from Farmland Industries Nitro­ between Clearfield, Utah, and Green­ Authority sought to operate as a com­ gen Plant at or near Dodge City, Kans., ville, Ohio, under contract with Fram mon carrier, by motor vehicle, over to points in Colorado, Wyoming, Texas, Corp. and Campbell Filter Co. N ote: Ap­ regular routes, transporting: Rugs, Oklahoma, Missouri, Nebraska, and plicant holds common carrier authority under MC 124679 (Sub-No. 8) and subs carpets, carpeting, carpet remnants and Iowa. N ote : If a hearing is deemed neces­ materials, and textiles and textile sary, applicant requests it be held at thereunder, therefore dual operations products, (1) between Dalton and Topeka or Dodge City, Kans. may be involved. If a hearing is deemed Atlanta, Ga., over U.S. Highway 41, necessary, applicant requests it be held No. MC 128273 (Sub-No. 21), filed Feb­ at Salt Lake City, Utah. serving all intermediate points; (2) be­ ruary 1, 1968. Applicant: MIDWESTERN tween Dalton and Atlanta, Ga., over EXPRESS, INC., Post Office Box 189, No. MC 129420 (Sub-No. 1) (Correc­ Interstate Highway 75, as an alternate Fort Scott, Kans. 66701. Applicant’s rep­ tion) , filed January 2, 1968, published in route for operating convenience only, resentative: Harry Ross, 848 Warner the Federal R egister issue of January 18, serving no intermediate points; (3) be­ Building, Washington, D.C. 20402. Au­ 1968, and republished as corrected, this tween Dalton, Ga., and Chattanooga, thority sought to operate as a common issue. Applicant: LILE, INC., 3602 South Tenn., over U.S. Highway 41, serving all carrier, by motor vehicle, over irregular Pine, Tacoma, Wash. 98411. Applicant’s intermediate points; (4) between Dalton, routes, transporting: (1) Rubber, from representative: Jack R. Davis, 1100 IBM Ga., and Chattanooga, Tenn., over Inter­ Vicksburg, Miss., to points in Alabama, Building, Seattle, Wash. 98101. Authority state Highway 75, as an alternate route Arkansas, California, Connecticut, sought to operate as a common carrier, by for operating convenience only, serving Georgia, Iowa, Kentucky, Michigan, motor vehicle, over irregular routes, no intermediate points; (5) between Maryland, North Carolina', New Jersey, transporting: Used household goods, be­ Chatsworth and Atlanta, Ga., from New York, Ohio, South Carolina, Ten­ tween points in Washington restricted Chatsworth over U.S. Highway 76 to nessee, Texas, Illinois, and Indiana, and to shipments having a prior or subse­ Dalton, Ga., thence from Dalton to (2) equipment, material, and supplies quent out-of-State line-haul movement Atlanta as set forth in (1) above and used or useful in the processing of rub­ by rail. motor, water, or air. Note: The return over the same route, serving all ber, from the above-described destina­ purpose of this republication is to reflect

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3035 the correct address of applicant’s rep­ (2) to delete Dixie Liquor Co. as a sup­ requests it be held at New York, N.Y., or resentative. If a hearing is deemed neces­ porting shipper and (3) add Pioneer Washington, D.C. sary, applicant requests it be held at Wholesale Liquor Distributors as a ship­ No. MC 129679, filed January 29, 19tf8. Seattle, Wash. per. If a hearing is deemed necessary, Applicant: ROSS COUNTY TRANS­ No, MC 129529 (Sub-No. 1) (Correc­ applicant requests it be held at Tulsa or PORTATION, INC., Route 8, Box 249, tion) , filed January 19,1968, published in Oklahoma City, Okla. Chillicothe, Ohio 45601. Applicant’s rep­ Federal R egister issue of February 1, No. MC 129564 (Sub-No. 1), filed Jan­ resentative: Joe F. Asher, 88 East Broad 1968, and republished, as corrected, this uary 30, 1968. Applicant: R. E. ADAMS, Street, Columbus, Ohio 43215. Author­ issue. Applicant: ADOLPH L. MARCH- doing business as ADAMS TRANSFER ity sought to operate as a contract car­ FELD, doing business as THRUWAY & STORAGE CO., 808 Bradford Street rier, by motor vehicle, over irregular MESSENGER SERVICE, 1500 Victoria SW-, Gainesville, Ga. 30501. Applicant’s routes, transporting: Beer,, malt bever­ Boulevard, West Englewood, N.J. 07666. representative: William Addams, Suite ages, and wine, in containers, and ad­ Applicant’s representative: George A. 527, 1766 Peachtree Street NW., Atlanta, vertising materials and sales promo­ Olsen, 69 Tonnele Avenue, Jersey City, Ga. 30309. Authority sought to operate tion items used in connection with the N.J. 07306. Authority sought to operate as as a common carrier, by motor vehicle sale and distribution of beer, malt bev­ a common carrier, by motor vehicle, over, over irregular routes, transporting: Used erages, and wine, from Milwaukee, Wis.; irregular routes, transporting: General household goods, between Athens, Ga., Fort Wayne and South Bend, Ind.; New­ commodities, in shipments of 100 pounds on the one hand, and, on the other, points port and Covington, Ky.; Pittsburgh, or less moving from one consignor to one in Baldwin, Banks, Barrow, Butts, Chero­ Pa.; and Peoria Heights, HI.; to Chilli­ consignee (except classes A and B ex­ kee, Clarke, Clayton, Cobb, Columbia, cothe and Wellston, Ohio, under con­ plosives, household goods as defined by Dawson, De Kalb, Elbert, Fannin, Fay­ tract with the Union Coal Co., Go Dis­ the Commission, commodities in bulk, ette, Forsyth, Franklin, Fulton, Gilmer, tributing Co., and The Holzapfel Distrib­ and commodities requiring special equip­ Glascock, Greene, Gwinnett, Habersham, uting Co. Note: If a hearing is deemed ment), in specialized delivery service, Hall, Hancock, Hart, Henry, Jackson, necessary, applicant requests it be held between points in Rockland CoTinty, N.Y., Jasper, Lamar, Lincoln, Lumpkin, Mc­ at Columbus, Ohio. on the one hand, and, on the other, New Duffie, Madison, Monroe, Morgan, Mur­ No. MC 129680, filed January 29, 1968. York, N.Y., and points in New Jersey. ray, Newton, Oconee, Oglethorpe, Pick­ Applicant: FRANK H. MORRIS, doing Note: The purpose of this republication* ens, Putnam, Rabun, Spalding, Ste­ business as MORRIS TRANSPORTA­ is to show the individual’s name as phens, Taliaferro, Towns, Union, Walton, TION, 188 Broad Street, Wethersfield, Marchfeld in lieu of Marchfield as pre­ Washington, Wilkes, White, Warren, and Conn. 06109. Applicant’s representative: viously published. If a hearing is deemed Jones Counties, Ga. Note: If a hearing is Thomas W. Murrett, 410 Asylum Street, necessary, applicant requests it be held deemed necessary, applicant requests it Hartford, Conn. 06103. Authority sought at New York, N.Y., or Newark, N.J. be held at Atlanta, Ga. to operate as a contract carrier, by motor No. MC 129534 (Amendment), filed No­ No. MC 129656 (Sub-No. 2), filed Jan­ vehicle, over irregular routes, transport­ vember 13, 1967, published in Federal uary 29, 1968. Applicant: TRI DELTA ing: (1) Fish meal, in bags, from Register issue of November 30, 1967, BUILDING MATERIALS CO., INC., 2245 Gloucester, Mass., to Franklin, Manches­ amended January 29, 1968, and repub­ East Jackson Street, Phoenix, Ariz. ter, and Montville, Conn., and West War­ lished as amended this issue. Applicant: 85034. Applicant’s representative: Rich­ wick, R.I., under contract with Boston RAYMOND H. FHJBECK, 610 West Sec­ ard E. Apple (same address as appli­ Feed Co., Boston, Mass., and (2) pre­ ond Street, Tulsa, Okla. 74127. Appli­ cant) . Authority sought to operate as a fabricated building components, from cant’s representative: Martin E. Wyatt, common carrier, by motor vehicle, over Wethersfield, Conn., to points in Con­ Post Office Box 771, Tulsa, Okla. 74101. irregular routes, transporting: Gypsum necticut, under contract with Guy Jodice Authority sought to operate as a contract plaster, gypsum lath, and gypsum wall- Building Products, Bloomfield, Conn. carrier, by motor vehicle, over irregular board, from Blue Diamond, Nev., to Note: If a hearing is deemed necessary, routes, transporting: Alcoholic'beverages, Phoenix, Kingman, Show Low, Spring- applicant requests it be held at Hartford, in sealed cases, from plantsites and ware­ erville, Seligman, Williams, Flagstaff, Conn., or Boston, Mass. houses of Southern Comfort Corp., lo­ Winslow, Holbrook, Prescott, Glendale, No. MC 129691, filed February 5, 1968. cated at or near St. Louis, Mo.; House of Wickenburg, Tempe, Scottsdale, Mesa, Seagrams, located, at or near Lawrence- Applicant: EMERY G. McCLARY, 6400 and Chandler, Ariz. Note : If a hearing is Northwest 10th, Oklahoma City, Okla. burg, Ind.; National Distillers and Mei­ deemed necessary, applicant requests it ers Wine, located at or near Cincinnati, 73127. Applicant’s representative: Wil­ to be held at Phoenix, Ariz., Las Vegas, burn L. Williamson, 450 American Na­ Ohio; American Distillers, located at or Nev., or Los Angeles, Calif. near Pekin, 111.; Hiram Walker G & W, tional Building, Oklahoma City, Okla. No. MC 129663 (Sub-No. 2), filed Janu­ 73102. Authority sought to operate as a located at or near Peoria, HI.; Publicker ary ' 29, 1968. Applicant: BORIGHT Distillers, located at or near Lamont, HI.; common carrier, by motor vehicle, over TRUCKING CO., INC., Boright Avenue, irregular routes, transporting: Automo­ Fleishmann Distilling, located at or near Kenilworth, N.J. 07033. Applicant’s rep­ Plainfield, 111.; Mogen David Corp., lo­ biles, embezzled, repossessed, abandoned, resentative : George A. Olsen, 69 Tonnele stolen, or wrecked, in driveaway and cated at or near Chicago, 111.; Glenmore Avenue, Jersey City, N.J. 07306. Au­ Distillers and Renfield Importers, located truckaway service, between points in thority sought to operate as a contract Oklahoma, on the one hand, and, on the at or near Owensboro, Ky.; Affiliated, carrier, by motor vehicle, over irregular National Distillers, House of Seagrams, other, points in California, Arizona, New routes, transporting: Plastic articles, Mexico, Texas, Kansas, Arkansas, Mis­ Brown Forman Distillers, Jack Daniels, equipment, materials, and supplies used souri, and Louisiana. Note: If a hearing Glenmore Distilling, and Stitzel Weller, or useful in the manufacture and sale of located at or near Louisville, Ky.; James is deemed necessary, applicant requests plastic articles (except in bulk), between it be held at Oklahoma City, Okla. B. Beam Distilling, located at or near Kenilworth, N.J., on the one hand, and, Clermont, Ky.; Barton Distilling, Heaven on the other, points in the United States No. MC 129692, filed February 2, 1968. Rul Distillery, and O.R.S. Distillery lo­ on and east of a line beginning at the A p p lica n t: ROOSEVELT THOMAS, cated at or near Bardstown, Ky.; J. T. S. mouth of the Mississippi RiverK and ex­ 1207 Heck Avenue, Neptune, N.J. Appli­ Brown, located at or nearLawrenceburg, tending along the Mississippi River to cant’s representative: Morton E. Kiel, **y-; Canada Dry Corp., located at or its junction with the western boundary of 140 Cedar Street, New York, N.Y. 10006. Camp Nelson> Ky.; 21 Brands, Affili­ Itasca County, Minn., thence northward Authority sought to operate as a con­ ated and National Distillers, located at along the western boundaries of Itasca tract carrier, by motor vehicle, over ir­ or near Frankfort, Ky., to Tulsa, Okla­ and Koochiching Counties, Minn., to the regular routes, transporting: (1) Animal homa City, and Ponca City, Okla., under international boundary line between the food (except in bulk), from Farming- ontraet with Famous Brands Wholesale United States and Canada, Minnesota, dale, N.J., to points in Maine, Vermont, wquor Co., Leader Liquor Co., and Pio- New Hampshire, Massachusetts, Rhode Nrfr . ^ 10^esa^e Liquor Distributors, Missouri, and Louisiana, under contract Island, Connecticut, New York, New ict/ix e Purpose of this republication with ^Gilbert Plastics, Inc. N ote: If a Jersey, Pennsylvania, Delaware, Mary­ w> (1) redescribe the authority sought hearing is deemed necessary, applicant land, District of Columbia, and Virginia,

FEDERAL REGISTER, V O L 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3036 NOTICES and (2) commodities used in the manu­ [Notice 547J South Bend, Ind. 46624. Applicant’s rep­ resentative: Harold Marks, 208 South La facture and distribution of animal food ’MOTOR CARRIER TEMPORARY (except in bulk) and returned shipments Salle Street, Chicago, 111. 60604. Author­ of animal food, from the above-described AUTHORITY APPLICATIONS ity sought to operate as a common car­ destinations to Farmingdale, N.J., under F ebruary 12,1968. rier, by motor vehicle, over regular contract with The Foster Canning Co., The following are notices of filing of routes, transporting: Aluminum window- Inc. N ote: If a hearing is-deemed neces­ applications for temporary authority sash and frames, from Niles, Mich., to sary, applicant requests it be held at under section 210a(a) of the Interstate building site of the First National Bank New York, N.Y. Commerce Act provided for under the of Chicago Building, Chicago, Hi., over No. MC 102764 (Sub-No. 9), filed Janu­ new rules of Ex Parte No. MC 67 (49 U.S. 31 to South Bend, thence over In­ diana Highway 2 to junction U.S. 20, ary 24, 1968. Applicant: A.B.C. INC., 120 CFR Part 340), published in the F ederal thence over U.S. 20 to junction with U.S. Plympton Street, North Providence, R egister, issue of April 27,1965, effective R. I. Applicant’s representative: Frank July 1, 1965. These rules provide that 12, thehce over U.S. 12 to Chicago as an Daniels, 15 Court Square, Boston, Mass. protests to the granting of an applica­ alternate route for operating conven­ 02108. Authority sought to operate as a tion must be filed with the field official ience only in connection with carrier’s presently authorized routes, serving no common carrier, by motor vehicle, over named in the F ederal R egister publica­ irregular routes, transporting:' Pas­ tion, within 15 calendar days after the intermediate points, for 90 days. Sup­ sengers and their baggage, in special porting shipper: Applicant’s own state­ date of notice of the filing of the applica­ ment. Send protests to: District Super­ operations, in round-trip sightseeing and tion is published in the F ederal R egister. pleasure tours, beginning and ending at visor J. H. Gray, Bureau of Operations, One copy of such protest must be served Interstate Commerce Commission, 308 points in Putnam, Grovenordales, and on the applicant, or its authorized rep­ Wilsonville, Conn.; Webster, Oxford, Federal Building, Fort Wayne, Ind. resentative, if any , and the protests must 46802. Auburn, Worcester, Charlton, South- certify that such service has been made. bridge, Dudley, Franklin, Wrentham, No. MC 108207 (Sub-No. 237 TA), filed The protests must be specific as to the February 6, 1968. Applicant: FROZEN Plainville, North Attleboro, Attleboro, service which such protestant can and Norton, Mansfield, Taunton, Rayn- FOOD EXPRESS, 318 Cadiz Street, will offer, and must consist of a signed 75207, Post Office Box 5888, Dallas, Tex. ham, Easton, Seekonk, Swansea, Somer­ original and six copies. set, Fall River, Westport, North Dart­ 75222. Applicant’s representative: J. B. A copy of the application is on file, Ham (same address as above). Authority mouth, and New Bedford, Mass.; and and can be examined at the Office of the Providence County and Warwick, R.I., sought to operate as a common carrier, Secretary, Interstate Commerce Com­ by motor vehicle, over irregular routes, and extending to points in the United mission, Washington, D.C., and also in States including Alaska and Hawaii. transporting: Resin impregnated broad- the field office to which protests are to be goods and robings, (1) from Culver City, N ote: If a hearing is deemed necessary, transmitted. applicant requests it be held at Provi­ Calif., to Wichita and Chanute, Kans.; dence, R.I., or Attleboro, Mass. M otor Carriers of Property St. Louis, Mo.; Akron, Cincinnati, Cleve­ land, and Columbus, Ohio; Tulsa, Okla.; No. MC 1641 (Sub-No. 82 TA), filed M otor Carrier op Passengers Dallas, Fort Worth, Irving,, and Grand February 7, 1968. Applicant: PEAKE Prairie, Tex.; Des Moines, Iowa; Albu­ No. MC 61799 (Sub-No. 2), filed Febru­ TRANSPORT SERVICE, INC., Box 366, ary 2, 1968. Applicant: CONESTOGA querque, N. Mex.; Litchfield, Ariz.; Hast­ Chester, Nebr. 68327. Authority sought ings and Lakeview, Mich.; and Minden, TRANSPORTATION COMPANY, a cor­ to operate as a common carrier, by motor poration, 825 East Chestnut Street, Lan­ Nebr.; (2) from Costa Mesa, Calif., to vehicle, over irregular routes, transport­ Wichita, Kans.; St. Louis, Mo.; Akron, caster, Pa. Applicant’s representative: ing: Nitrogen fertilizer solution, in bulk, S. Harrison Kahn, Suite 733, Investment Cincinnati, Cleveland, and Columbus, in tank vehicles, from the storage facili­ Ohio; Tulsa, Okla.; Dallas and Port Building, Washington, D.C. 20005. ties of Terra Chemicals International, Authority sought to operate as a common Worth, Tex.; (3) from Santa Ana, Calif., Inc., located at Air Park West, Lincoln, to Dallas, Fort Worth, and Grand carrier, by motor vehicle, over irregular Nebr., to points in Nebraska, Missouri, routes, transporting: Passengers and Prairie, Tex.; Tulsa, Okla.; St. Louis, Kansas, Wyoming, Colorado, and South Mo.; Akron and Cincinnati, Ohio, for 180 their baggage in the same vehicle with Dakota, for 180 days. Terra Chemicals passengers in round-trip sightseeing and days. Supporting shippers: Ferro Corp., International, Inc., 507 Sixth Street, 3512-20 Helms Avenue, Culver City, pleasure tours, in special operations; (a) Sioux City, Iowa 51101. Send protests to: beginning and ending at points on Calif. 90231; U.S. Polymeric, Inc., 700 District Supervisor Max H. Johnston, East Dyer Road, Santa Ana, Calif. 92707; Conestoga Transportation Co.’s presently Bureau of Operations, Interstate Com­ authorized route, between Lancaster, Pa., Whittaker Corp., Narmco Materials Di­ merce Commission, 315 Post Office Build­ vision, 600 Victoris Street, Costa Mesa, and York, Pa., over U.S. Highway 30, in­ ing, Lincoln, Nebr. 68508. cluding Lancaster and York, and all Calif. 92627. N ote: Shippers state ship­ No. MC 13900 (Sub-No. 14 TA), filed ments are less-than-carload and require intermediate points; and (b) beginning February 7, 1968. Applicant: MIDWEST and ending at points within Lancaster mechanical refrigeration to zero degrees HAULERS, INC., 228 Superior Street, F. Applicant does not intend to tack with County, Pa., and extending to points in Toledo, Ohio 43604. Applicant’s repre­ Alabama, Arkansas, Connecticut, Dela­ existing authority. Send protests to: E. sentative: Loren Hendrix (samé address K. Willis, Jr., District Supervisor, Inter­ ware, Florida, Georgia, Illinois, Indiana, as above). Authority sought to operate Iowa, Kentucky, Louisiana, Maine, Mary­ state Commerce Commission, Bureau of land, Massachusetts, Michigan, Minne­ as a common carrier, by motor vehicle, Oprations, 513 Thomas Building, 1314 over irregular routes, transporting: Gen­ Wood Street, Dallas, Tex. 75202. sota, Mississippi, Missouri, New Hamp­ eral commodities, which are at the time No. MC 109689 (Sub-No. 190 TA), shire,'New Jersey, New York, North moving on bills of lading of freight filed February 6, 1968. Applicant: W. S. Carolina, Ohio, Pennsylvania, Rhode Is­ forwarders, from Kansas City, Mo., to HATCH CO., 643 South 800 West Street, land, South Carolina, Tennessee, Ver­ Edison, N.J., and St. Louis, Mo., to Edi­ Woods Cross, Utah 84087, Post Office Box mont, Virginia, West Virginia, and Wis­ son, N.J., and return, for 180 days. Sup­ 1825, Salt Lake City, Utah 84110. porting shipper: Yellow Forwarding Co., consin, and the District of Columbia. Authority sought to operate as a com­ Post Office Box 8462, 92d at State Line, mon carrier, by motor vehicle, over N ote: If a hearing is deemed necessary, Kansas City, Mo. 64114. Send protests to: ' irregular routes, transporting: Sodium applicant requests it be held at Lan­ Deith D. Warner, District Supervisor, In­ phosphates, in bulk, from Westvaco, caster, Pa. terstate Commerce Commission, Bureau Wyo., to points in Idaho, Montana, Utah, By the Commission. of Operations, 5234 Federal Office Build­ and Wyoming, for 180 days. Supporting ing, Toledo, Ohio 43604. shipper: FMC Corp., Traffic Department, [seal] H . N eil G arson, No. MC 31533 (Sub-No' 7 TA), filed 633 Third Avenue, New York, N.Y. 10017. Secretary. February 6, 1968. Applicant: SOUTH Send protests to: John T. Vaughan, [F.R. Doc. 68-1829; Filed, Feb. 14, 1968; BEND FREIGHT LINE, INC., 1200 South District Supervisor, Bureau of Opera­ 8:45 a.m.] Olive Street, 46621, Post Office Box 545, tions, Interstate Commerce Commission,

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 NOTICES 3037

2224 Federal Building, Salt Lake City, fax, 111., to points in Indiana, Michigan, tical products, not to exceed 100 pounds Utah 84111. Missouri, Ohio, and Wisconsin; and (c) in weight on any one shipment, from No. MC 110525 (Sub-No. 858 TA), from Des Moines, Iowa, to points in Somerset, Mercer County, N.J., to Phila­ filed February 7, 1968. Applicant: Kansas, Minnesota, Missouri, Nebraska, delphia, Pa., and points in Delaware, CHEMICAL LEAMAN TANK LINES, North Dakota, South Dakota, and Wis­ for 180 days. Supporting shipper: E. R. INC., 520 East Lancaster Avenue, Down- consin; (2) liquid fertilizer, from Greg­ Squibb & Sons, Inc., 745 Fifth Avenue, ingtown, Pa. 19335. Applicant’s repre­ ory Landing, Mo., to points in Illinois, New York, N.Y. 10022 (Harold T. Raven, sentative: Edwin H. van Deusen (same Iowa, Missouri, and Indiana, for 180 Transportation Manager). Send protests address as above). Authority sought to days. Supporting shippers: The New to: Paul J. Lowry, District Supervisor, operate as a common carrier, by motor Jersey Zinc Co., Attention M. K. Scheu- Interstate Commerce Commission, Bu­ vehicle, over irregular routes, transport­ ing, 160 Front Street, New York, N.Y. reau of Operations, 206 Old Post Build­ ing: Diammonium phosphate, in bulk, 10038; Hawkeye Chemical Co., Attention ing, Salisbury, Md. 21801. from Depue, Riverdale, and Colfax, HI., Robert F. Reif, Post Office Box 899, No. MC 128939 (Sub-No. 4 TA ), filed and Des Moines, Iowa, to points in Ohio, Clinton, Iowa 52732. Send protests to: February 6, 1968. Applicant: AYRCO Illinois, Indiana, Michigan, Wisconsin, J. P. Werthmann, District Supervisor, CORPORATION, 3921 Imlay Street, Minnesota, Iowa, Kansas, Missouri, Ne­ Interstate Commerce Commission, Bu­ Toledo, Ohio 43612. Applicant’s repre­ braska, North Dakota, and South Dakota, reau of Operations, Room 3248-B, 1520 sentative: James H. Ayres, 3921 Imlay for 150 days. Supporting shipper: The Market Street, St. Louis, Mo. 63103. Street, Toledo, Ohio 43612. Authority New Jersey Zinc Co., 160 Front Street, No. MC 116273 (Sub-No. 102 TA ), filed sought to operate as a contract carrier, New York, N.Y. 10038. Send protests to: February 7, 1968. Applicant: D & L by motor vehicle, over irregular routes, Peter R. Guman, District Supervisor, TRANSPORT, INC., 3800 South Laramie transporting: Malt beverages, from Mil­ Interstate Commerce Commission, Bu­ Avenue, Cicero, 111. 60650. Applicant’s waukee, Wis., to Monroe, Mich., for 180 reau of Operations, 900 U.S. Custom­ representative: William Lavery (same days. Supporting shipper: Philips Bev­ house, Second and Chestnut Streets, address as above). Authority sought to erage Co., 2410 North Monroe Street, Philadelphia, Pa. 19106. operate as a common carrier, by motor Monroe, Mich. 48161. Send protests to: No. MC 113678 (Sub-No. 309 TA), vehicle, over irregular routes, transport­ Keith D. Warner, District Supervisor, filed February 7, 1968. Applicant: ing: Dry plastics, in bulk, in tank- or Interstate Commerce Commission, Bu­ CURTIS, INC., 770 East 51st Avenue, hopper-type vehicles, from Flexi-Flo reau of Operations, 5234 Federal Office Post Office Box 16004, Stockyards Sta­ Terminal of the New York Central Rail­ Building, Toledo, Ohio 43604. tion, Denver, Colo. 80216. Applicant’s road Co. at Hammond, Ihd., to Jefferson- No. MC 129264 (Sub-No. 3 TA ), filed representative: Oscar Mandel (same town, Ky., for 120 days. Supporting ship­ February 7, 1968. Applicant: CHARLES address as above). Authority sought to per: Rexall Chemical Co., 1800 North E. WOLFE, doing business as EVER­ operate as a common carrier, by motor 30th Avenue, Melrose Park, 111. 60160. GREEN EXPRESS, 410 North 10th vehicle, over irregular routes, transport­ Send protests to: District Supervisor, Street, Billings, Mont. 59101. Applicant’s ing: Hides, skins, and pieces thereof, Raymond E. Mauk, Interstate Commerce representative: J. F. Meglen, 207 Behner from points in Kansas, Nebraska, and Commission, Bureau of Operations, U.S. Building, 2822 Third Avenue North, Bill­ Colorado, to Los Angeles, Calif., for 180 Courthouse, Federal Office Building, ings, Mont. 59101. Authority sought to days. Supporting shipper: Golden Wood Room 1086, 219 South Dearborn Street, operate as a contract carrier, by motor Co., 3001 Sierra Pine Avenue, Los Chicago, 111. 60604. vehicle, over irregular routes, transport­ Angeles, Calif. 90023. Send protests to: No. MC 127527 (Sub-No. 4 TA), filed ing:" Tires, tubes, and rubber products, District Supervisor, Herbert C. Ruoff, February 5, 1968. Applicant: CARL W. from Dayton, Ohio, to Billings, Rudyard, Interstate Commerce Commission, Bu­ REAGAN, doing business as SOUTH­ Great Falls, and Darby, Mont., and reau of Operations, 2022 Federal Build­ EAST TRUCKING CO., 8372 State Route Rapid City, S. Dak., and rejected and re­ ing, Denver, Colo. 80202. 18, Rural Route No. 6, Ravenna, Ohio turnable tires, tubes, and rubber prod­ No. MC 114123 (Sub-No. 32 TA), 44266. Applicant’s representative: Robert ucts inventory from Billings, Rudyard, filed February 6, 1968. Applicant: N. Krier, 88 East Broad Street, Colum­ Great Falls, and Darby, Mont., and Rapid HERMAN R. EWELL, INC., East Earl, bus, Ohio 43215. Authority sought to City, S. Dak., to Dayton, Ohio, for 180 Pa. 17519. Applicant’s representative: operate as a contract carrier, by motor days. Supporting shipper: B. L. M. Tire, Lewis S. Kunkel, Jr., 123 South Broad vehicle, over irregular routes, transport­ Inc., 2307 2309 Fourth Avenue North, Box Street, Philadelphia, Pa. 19109. Authority ing: Dock levelers, from the plantsite of 12, Billings, Mont. 59103. Send protests sought to operate as a common carrier, Terminal Equipment Corp., Loomis Ma­ to: Paul J. Labane, District Supervisor, by motor vehicle, over irregular routes, chine Division, at or near Clare, Mich., Interstate Commerce Commission, Bu­ transporting: Liquid sugar, invert sugar, to points in Ohio on and north of U.S. reau of Operations, 251 U.S. Post Office corn syrup, and mixtures, of corn syrup Highway 40, points in Franklin, Mus­ Building, Billings, Mont. 59101. kingum, Madison, and Clark Counties, and liquid or invert sugar, in bulk, in No. MC 129692 (Sub-No. 1 TA), filed tank vehicles, from Yonkers, N.Y., to Ohio, south of U.S. Highway 40 and points in Fairfield, Perry, and Pickaway February 6, 1968. Applicant: ROOSE­ Henderson and Mount Olive, N.C., for VELT THOMAS, 1207 Heck Avenue, 180 days. Supporting shipper: Refined Counties, Ohio, and the return of dam­ aged or rejected shipments under con­ Neptune, N.J. 07753. Applicant’s repre­ Syrups & Sugars, Inc., Yonkers, N.Y. sentative: Morton E. Kiel, 140 Cedar Send protests to: Robert W. Ritenour, tinuing contract with Timbers & Asso­ ciates, Inc., 1317 East 260th Street, Street, New York, N.Y. 10006. Authority District Supervisor, Interstate Com- sought to operate as a contract carrier, rnerce Commission, Bureau of Opera- Cleveland, Ohio, for 180 days. Supporting shipper : Timbers & Associates, 1317 East by motor vehicle, over irregular routes, R.°nns- 218 Central Industrial Building, transporting: Animal food (except in 100 North Cameron Street, Harrisburg, 260th Street, Cleveland, Ohio 44132. Send Pa. 17101. protests to: District Supervisor, G. J. bulk), from Farmingdale, N.J., to points in Maine, New Hampshire, Massachu­ No. MC 115331 (Sub-No. 241 TA), Baccei, Interstate Commerce Commis­ sion, Bureau of Operations, 435 Federal setts, Rhode Island, Connecticut, New inniLFebruary 7> 1968. Applicant: Building, 215 Superior Avenue, Cleve­ York, New Jersey, Pennsylvania, Dela­ TRANSPORT, INCORPO­ ware, Maryland, and Virginia and re­ RATED, 1931 North Geyer Road, St, land, Ohio 44114. No. MC 128570 (Sub-No. 5 T A ), filed turned shipments on return for 180 days. JLoms Mo. 63131. Authority sought tc Supporting shipper: The Foster Canning ™ e as a common carrier, by mbtoi February 7, 1968. Applicant: BROOKS ARMORED CAR SERVICE, INC., 13 Co., Inc., Farmingdale, N.J. 07727. Send w CM\OVe.r *rregula,r routes, transport- East 35th Street, Wilmington, Del. 19802. protests to: District Supervisor Raymond hvil , LHamonium phosphate, dry, in T. Jones, Interstate Commerce Commis­ (a) from Depue, 111., to points in Applicant’s representative: L. Agnew Myers, Jr., Warner Building, Washing­ sion, Bureau of Operations, 410 Post „ lana> Iowa, Kansas, Michigan, Min­ Office Building, 402 East State Street, nesota, Missouri, Nebraska, North Da- ton, D.C. 20004. Authority sought to op­ erate as a common carrier, by motor Trenton, N.J. 08608. ota, Ohio, Illinois, South Dakota, and vehicle, over irregular routes, transport­ No. MC 129693 TA, filed February 6, Wisconsin; (b) from Riverdale and Col­ ing: Drugs, medicines, and pharmaceu­ 1968. Applicant: C. R. GOODMAN, doing

No. 32- FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 3038 NOTICES business as GOODMAN TRUCKING Pauline A. Myrick, a partnership, doing 1957, to John W. MacKay, Ltd., New COMPANY, 1238 South Second West business as R. L. McDevitt & Son, Ells­ Glasgow, Nova Scotia, Canada, author­ Street, Salt Lake City, Utah 84101. Ap­ worth, Maine, of the certificate of regis­ izing the transportaion of fresh, frozen, plicant’s representative: Gordon L. tration in No. MC-85944 (Sub-No. 1) processed, and canned fish, from the Roberts, 520 Kearns Building, Salt Lake issued December 20, 1965, to Fred W. United States-Canada boundary line at City, Utah 84101. Authority sought to Lakin, Ellsworth Falls, Maine, and trans­ Calais, Maine, to Hartford and New operate as a contract carrier, by motor ferred to Ruth M. Lakin, doing business Haven, Conn., Portland, Maine, Boston, vehicle, over irregular routes, transport­ as Lakin’s Express, Ellsworth Falls, Mass., and points within 25 miles of ing: Laundry and swimming pool sup­ Maine, July 12, 1967, pursuant to No. Boston, and points in the New York, N.Y., plies, from the Richmond, Sacramento, MC-FC-69664, evidencing the right to commercial zone, as defined by the Com­ and Los Angeles plants of Tops Chem­ engage in transportation in interstate or mission, and empty returned containers ical Co. to Salt Lake City, Utah, and foreign commerce solely within the State used in the transportation of these com­ Boise, Idaho, for 180 days. Supporting of Maine, corresponding to certificate of modities, from the specified destination shipper: Tops Chemical Co., 860 South public convenience and necessity No. points to the specified origin point; and Garrard Boulevard, Richmond, Calif. 164, issued prior to October 15, 1962, and fresh fruits, fresh vegetables, and food Send protests to: Supervisor John T. currently renewed by the Public Utilities products, from Boston, Mass., and New Vaughan, Bureau of Operations, Inter­ Commission of Maine. William D. Pinan- York, N.Y., to the United States-Canada state Commerce Commission, 2224 Fed­ sky, 443 Congress Street, Portland, boundary line at Calais, Maine. Kenneth eral Building, Salt Lake City, Utah 84111. Maine 04111, attorney for applicants. B. Williams, 111 State Street, Boston, No. MC-FC-70198. By order jof Feb­ Mass. 02109, attorney for applicants. By the Commission. ruary 9, 1968, the Transfer Board ap­ No. MC-FC-70224. By order of Febru­ [seal] H. N eil G arson, proved the transfer to Clarkson Bros. ary 9,1968, the Transfer Board approved Secretary. Machinery Haulers, Inc., Cowpens, S.C., the transfer to Dunne Trucking Co., Inc., [F.R. Doc. 68-1890; Filed, Feb. 14, 1968; of the operating rights in certificates Nos. Dubuque, Iowa, of the operating rights 8:47 ajn.] MC-64373 (Sub-No. 1) and MC-64373 in permit No. MC—126609, issued July 9, (Sub-No. 3) issued July 7, 1966, and 1965, to Orland J. Dunne, doing business December 8,1967, respectively, to Howard as Dunne Trucking Co., Dubuque, Iowa, [Notice 89] E. Clarkson and Everett C. Clarkson, a authorizing the transportation, over ir­ MOTOR CARRIER TRANSFER partnership, doing business as Clarkson regular routes, of meat scraps, animal Bros., Cowpens, S.C., authorizing the feeds, and animal feed ingredients, in PROCEEDINGS transportation of used or second hand bulk, from Dubuque, Iowa, to points in 33 F ebruary 12, 1968. machinery, between points in North specified counties in Illinois. Donald P. Synopses of orders entered pursuant to Carolina, on the one hand, and, on the Cooney, 705 Roshek Building, Dubuque, section 212(b) of the Interstate Com­ other, points in Georgia, South Carolina, Iowa 52001, attorney for applicants. merce Act, and rules and regulations and Virgina; and textile machinery and No. MC-FC-70232. By order of Febru­ prescribed thereunder (49 CFR Part parts, and materials, supplies, and equip­ ary 8, 1968, the Transfer Board approved 279), appear below: ment, used or useful in the operation and the transfer to Middlesex Express Co., As provided in the Commission’s spe­ maintenance .of such commodities, be­ Inc., Allston, Mass., of certificate of cial rules, of practice any interested tween Gastonia, N.C., and points within registration No. MC-58401 (Sub-No. 1), person may file a petition seeking recon­ 25 miles of Gastonia, and those in Rowan issued October 15, 1963, to John Simou- sideration of the following numbered and Rockingham Counties, N.C., on the rian, doing business as Middlesex Ex­ proceedings within 20 days from the date one hand, and, on the other, Charleston, press Co., Allston, Mass., authorizing of publication of this notice. Pursuant to S.C., and points in Virginia, and specified transportation in interstate and foreign section 17(8) of the Interstate Com­ points in Tennessee, Georgia, and South commerce pursuant to irregular route merce Act, the filing of such a petition Carolina. Paul F. Sullivan, 913 Colorado common carrier certificate No. 1048 dated will postpone the effective date of the Building, 1341 G Street NW., Washing­ May 11, 1944, issued by the Massachu­ order in that proceeding pending its dis­ ton, D.C. 20005, attorney for applicants. setts Department of Public Utilities. John position. The qjatters relied upon by pe­ No. MC-FC-70202. By order of Febru­ W. Costello, 40 Court Street, Boston, titioners must be specified in their peti­ ary 8,1968, the Transfer Board approved Mass. 02108, attorney for applicants. tions with particularity. the transfer to Gulf Transport, Ltd., [SEAL] H. Neil G arson, No. MC-FC-70164. By order of Febru­ Charlottetown, Prince Edward Island, Secretary. ary 8,1968, the Transfer Board approved Canada, of the operating rights in cer­ [F.E. Doc. 68-1891; Filed, Feb. 14, 1968; the transfer to Austin R. McDevitt and tificate No. MC-111184 issued August 30, 8:48 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 32— THURSDAY, FEBRUARY 15, 1968 FEDERAL REGISTER 3039

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during February.

3 CFR Page 7 CFR— Continued Page 7 CFR— Continued Page Proclamations: Proposed R ules— Continued Proposed R ules— Continued 3814 (see EO 11394).______2429 993______2638 1132 ______2784, 2785 3824______2495 1001 ______2784,2785 1133 ______2448, 2784-2786 3825___ — —-w- ______2623 1002 ______2784, 2785 1134 ______2784, 2785 3826______— ______2755 1003,.______2784, 2785 1136 ______2784, 2785 3827______—___H ______2881 1004 ______2784, 2785 1137 ______2784, 2785 3828 ______2929 1005 ______2784-2786, 2894 1138—'______^______2784, 2785 3829 ______2985 1006 ______2785 1202—______2850 1008 ______2784, 2785 Executive O rders: 9 CFR 2618 (revoked by PLO 4351)_ 2942 1009 ______2784, 2785 10713 (amended by EO 11395) _ 2561 1011 ______2784, 2785 76______2625 11010 (see EO 11395) — ____ 2561 1012 ______2785 78______—— ______2625 11263 (see EO 11395) ______2561 1013 ______»,______2785 97____i ______2758 11394 ______2429 1015 ______2784, 2785 145______2759 11395______2561 1016 ______2784, 2785 147______2759 11396______2689 1030 ______2784, 2785 201______2760 11397______2833 1031 ______2784, 2785 1032 ______2784, 2785 10 CFR 5 CFR 1033 ______2784-2786 1034 _ 2784-2786 l ______2691 213______—______2497, 2563, 2987 1035 ______2784-2786 Proposed R u les: 330 ______2987 1036 ______2784, 2785 25 ______2792 591______2835 1038 ______2784, 2785 26 ______2792 771______2625 1039 ______2784, 2785 95______— 2792 1300______2484 1040______;_____2784, 2785 1041 ______1______2784, 2785 12 CFR 7 CFR 1043 ______2784, 2785 2764 16.______1044 ______2784, 2785 207______2691 1045 ______2784, 2785 51______2431, 2500, 2883 211— ______2885 52______2500, 2883 1046 ______2784-2786 215______2837 1047 ______2784, 2785 58______220— ______2695 319______1048 ______2784, 2785 221______2702 354...... 1049 ______2784-2786 222______2988 401____ 1050 ______2784, 2785 2 6 2 „___ ^______2989 724____ 1051______2448, 2784, 2785 545______2990 775______1060______2784, 2785 555______2706 777_____ 1062 ______2784, 2785 563______2707 811_____ 1063 ______2784, 2785 654___ » ___—. 2990 1064 ______2784, 2785 857____ Proposed R u les: 891 — 1065 ______2784, 2785 204______2532 907____ 2437, 2708, 2987 1066______J______2784, 2785 1067______:______2784, 2785 221______2714 912__ 1068______2784, 2785 561______2453 913__ 1069_;______2784, 2785 917___ 1070 ______2784, 2785 14 CFR 945_ 1071 ______2784, 2785 39______2503, 947__ 1073______2784, 2785 2504, 2626, 2709, 2885, 2886, 2934, 971__ 1075 ______2784, 2785 2990. 987_ 1076______»____ 2784, 2785 71______2440, 989_ 1078 ______2784, 2785 2504-2506, 2627-2630, 2764-2766, 1062__ 1079 ______2784, 2785 2991. 1064__ 1090______„ 2784, 2785 73______2440, 2506,2991 1073- 1094______2784, 2785 75______2506, 2766 1094_ 1096 ______2784, 2785 91______2992 1103_ 1097 ______2784, 2785 97______2507, 2594, 2767 1106_ 1098 ______2784, 2785 121______2440 1126------2439 1099 ______2784, 2785 199______2773 1133-___ 1101 ______T______2784, 2785 241______2710 i m ...... : : -— 1102 ______2784, 2785 Proposed R ules: 1421______« S r 1103 ______2784, 2785 1104 ______2784, 2785 25______2712 Proposed R ules: 1106______2784, 2785 39______2531, 2639, 2712, 2855 > 52__ 1108______2784, 2785 71______2531, 729— 1120 ______2784, 2785 2639-2641, 2788-2791, 2856, 3008, 906_ 1121 ______2784, 2785 3009. 908_ 1125 ______2784, 2785 73______2791 911___ 1126 ______2784, 2785 75______2792, 2856,3009 915_ 1127 ______2784, 2785 77______2642 953------2524 1128 ______2784, 2785 966------2526 1129 ______2784, 2785 16 CFR 980...... 2947 1130 ______2784, 2785 13______2763, 2839-2842 " 1 ...... ::::::::::::::::: PS* 1131 ______2784, 2785 15______2887-2892 3040 FEDERAL REGISTER

17 CFR Page 27 CFR Page 43 CFR—Continued Pase 200______2631 5______2511 Public Land O rders— Continued 240______2510, 2993 4353 ------2943 P roposed R ules: 28 CFR 4354 ------2943 4355 ------2995 240______2714 50______2442 249 ______2714 250 ______2642 45 CFR 274______2716 30 CFR 85------2940 Proposed R ules : 301 ------2567 18 CFR 302 - 2567 12______2448 1______1_____ 2843, 2993 Proposed-Rules : 620______2632 31 CFR 85------_------2569 P roposed R ules: 500______2893 2______2860 46 CFR 19 CFR 32 CFR 33______2847 94— ______2847 1 ______2843 236______2565 16 ______2633 239______- ______2565 221— ______2943 222______I______2944 20 CFR 504______2443 281 ______2944 706______2846 404______2710, 2711 282 ______2944 405— ______2440 888______2606 285 ______2944 286 ______2944 21 CFR 33 CFR 290 ______2944 2 2594 291 ______- ______2944 110______2446 292 ______2944 3 ______— ______2934 117______2774, 2775, 2846 8 2844 298— ____ 2944 17 2594 400______2775 299____ 2944 19______2595 308______2944 27______2595 36 CFR 310— ______— ______2944 51 2597 500— ______—;______2936 355______2893, 2995 12ÖIIIIIIIIIIIIIII~24~4~l~, 2844", 2845, 2935 375______2944 121______— 2441, 38 CFR 526______2945 2602, 2605, 2633, 2773, 2774, 2845 P roposed R ules: 144 ______2633 1______2994 145 __ 2634 3______2994 Ch. H______2531 146 ______2935 504______2948 146a______2935 148m______2635 39 CFR 47 CFR 148w----- 2634 Ch. I______2636 o____ — 2445 166______2442, 2511, 2846 158______2941 2______2940 Proposed R ules: 171______2941 73______2445 2940 1______2947 P roposed R ules: 87______27______2610 Proposed R ules: 120______2787 Ch. I______2638 132______2947 0______2713 128______2948 21______2610,2857 144______2451 64______2452 41 CFR 73 2452 22 CFR 5A -1______2775 97______2713 211______2918 9-7______2776 23 CFR 9-53______2776 49 CFR 101-26______2776 l ______2995 255______2442, 2945, 2993, 2994 2820 Proposed R ules: 99______1041____ 2711 26 CFR Ch. 60_____ 3000 1057____ 2847 2892 Proposed R ules: Proposed R ules: 43 CFR 1048______.______2948 1______2997 173_!____ — 2517 Public Land Orders: 175______2517 2418 (revoked in part by PLO 50 CFR 194______2517 4353)______2943 33______2711, 2945, 2995 200 2517 ______4350 ______2445 351______2777 201______2517 250 ______2517 4351 ______2942 P roposed R ules: 251 ______2517 4352 ______2942 230______2781

KNOW YOUR GOVERNMENT U.Sm Governm ent Organization 1 9 6 7 -1 9 6 8 Presents essential information about Government agen­ cies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Govern- m ent $ Q O O » per copy*. Paperbound, with charts 'Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.