Federal Register Volume 34
FEDERAL REGISTER VOLUME 34 . NUMBER 2 Friday, January 3, 1969 • Washington, D.C. Pages 31-107
Agencies in this issue— Agency for International Development Agricultural Stabilization and Conservation Service Agriculture Department Consumer and Marketing Service Customs Bureau Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Housing Administration Federal Power Commission Federal Reserve System Fish and Wildlife Service Interior Department Internal Revenue Service Interstate Commerce Commission Social Security Administration Tariff Commission Wage and Hour Division Detailed list of Contents appears inside. Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1968]
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AGENCY FOR INTERNATIONAL FEDERAL AVIATION INTERNAL REVENUE SERVICE DEVELOPMENT ADMINISTRATION Notices Rules and Regulations Rules and Regulations Administration and enforcement of laws relating to distilled Miscellaneous am endm ents to Standard instrument approach spirits, wines, beer, tobacco, and chapter______76 procedures ; miscellaneous firearms; delegation of author Notices amendments______35 ity ______87 Argentina; delegation of authority FEDERAL COMMUNICATIONS regarding administration of INTERSTATE COMMERCE A.I.D. program______87 COMMISSION COMMISSION Notices AGRICULTURAL STABILIZATION Notices Common carrier services informa Association of American Rail AND CONSERVATION SERVICE tion ______91 roads; per diem mileage; demur- Rules and Regulations Communications Technical Sales, Inc., and Telephone Answering rage and storage agreement__ 101 National marketing quota referen Service; memorandum opinion Motor carrier: dum: and order enlarging issues____ 89 Alternate route deviation no Extra long staple cotton, 1969 tices ______102 crop______55 FEDERAL HOUSING Applications and certain other Peanuts, 1969 crop______56 proceedings______103 Upland cotton, 1969 crop------55 ADMINISTRATION Broker, water carrier and Puerto Rico; allotment of direct- Rules and Regulations freight forwarder applica consumption portion of main tions ______;_ 93 Supplementary financing of FHA Temporary authority applica land sugar quota; 1968 calendar project mortgages; correction— 74 year______56 tions ______105 Transfer proceedings______106 AGRICULTURE DEPARTMENT FEDERAL POWER COMMISSION See also Agricultural Stabiliza Notices LABOR DEPARTMENT tion and Conservation Service; Hearings, etc.: See Wage and Hour Division. Consumer and Marketing Serv Boester, H. F______85 ice. Flanigan Brothers et al______85 Getty Oil Co. et al------79 SOCIAL SECURITY Notices ADMINISTRATION Certain national forests; addition FEDERAL RESERVE SYSTEM of lands______88 Rules and Regulations Rules and Regulations Federal old-age, survivors, and ARMY DEPARTMENT Interlocking service between se disability insurance; self-em See Engineers Corps. curities companies and bank ployment and self-employment holding companies______57 in com e______58 CONSUMER AND MARKETING Notices FISH AND WILDLIFE SERVICE SERVICE Barbados; notice of finding re Rules and Regulations garding foreign social insurance Rules and Regulations Sport fishing in certain national or pension system______89 Navel oranges grown in Arizona wildlife refuges: and designated part of Califor California ______77 STATE DEPARTMENT nia; handling limitations_____ 57 N evada______77 See Agency for International Proposed Rule Making Washington ______77 Development. Milk in Neosho Valley, Red River Notices and Oklahoma M etrop olitan Loan applications: TARIFF COMMISSION marketing areas; handling____ 78 Mosher, George Alvin______88 Notices St. Clair, Jack H______87 Notices Fresh peaches grown in Georgia; Olives; postponement of hearing. 93 findings and determinations___ 88 HEALTH, EDUCATION, AND WELFARE DEPARTMENT TRANSPORTATION DEPARTMENT CUSTOMS BUREAU See Social Security Administration. See Federal Aviation Adminis Rules and Regulations tration. Transportation in bond and mer HOUSING AND URBAN chandise in transit______58 DEVELOPMENT DEPARTMENT TREASURY DEPARTMENT See Federal Housing Administra See Customs Bureau; Internal DEFENSE DEPARTMENT tion. Revenue Service. See Engineers Corps. INTERIOR DEPARTMENT WAGE AND HOUR DIVISION ENGINEERS CORPS See also Fish and Wildlife Serv Rules and Regulations ice. Rules and Regulations Hotel and motel industry in Los Banos Detention Dam and Rules and Regulations Puerto Rico; wage order___ _ 74 Reservoir and Los Banos Creek; Kentucky and Tennessee; public Restaurant and food service indus flood control regulations______75 land order______76 try in Puerto Rico; wage order_ 75 33 34 CONTENTS
List of CFR Parts Affected
The following n u m e r ic a l 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, 1969, and specifies how they are affected.
7 CFR 19 CFR 33 CFR 722 (2 documents)______55 18______58 208______75 729______56 815______56 907______57 20 CFR 41 CFR P roposed R ules : 404_____ 58 7-3______— 76 1071______78 7-16______76 1104______78 1106______78 24 CFR 43 CFR 241______74 P ublic Land Order: 12 CFR 4560------— 76 218______— ______57 29 CFR 14 CFR 728 ______:______74 50 CFR 97______35 729 ______75 33 (3 documents)______77 35 Rules and Regulations
Title 14— AERONAUTICS AND SPACE Chapter I— Federal Aviation Administration, Department of Transportation SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Beg. Docket No. 9312; Amdt. 629] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.11 of Subpart B to amend low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows; STANDARD INSTRUMENT APPROACH PROCEDURE----TYPE NDB (ADF) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. M in im u m altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum 2-engine, From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots
Lofall (VHF) Int ...... 3000 T-dn% 300-1 300-1 200-H C-dni:...... 600-2 600-2 600-2 PAE VOR ...... PAE R B n...... Direct...... 3000 S-dn-16...... 500-1 500-1 600-1 A-dn*...... 800-2 800-2 800-2
Procedure turn E side of crs, 338° Outbnd, 158° Inbnd, 3000' within 10 miles of PAE RBn. Minimum altitude over facility on final approach crs, 2000'. Crs and distance, facility to airport, 168°—7.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7.9 miles after passing RBn, turn right, climbing to 3000' on crs 300° to intercept 030° bearing to PAE RBn, thence continue climb direct to PAE RBn and hold N of PAE RBn, 1-minute left turn holding pattern, crs, 338° Outbnd, 158° Inbnd. •Alternate minimums not authorized when control zone not effective. %Takeoff minimums 200-H authorized only for Runways 16 and 34. MSA within 25 miles of facility: 000°-090°—7400'; 090°-180°—4800'; 180°-270°—4600'; 270°-360°—5200'. City, Everett; State, Wash.; Airport name, Snohomish County (Paine Field); Elev., 603'; Fac. Class.. HW; Ident., PAE; Procedure No. NDB (ADF) Runway 16, Amdt. 5; Eff. date, 16 Jan. 69; Sup. Amdt. No. ADF 1, Amdt 4; Dated, 6 Nov. 65
EPH VOR...... ______MW LOM______Direct______2900 T-dn%______300-1 300-1 200-M MWH VOR...... MW LOM...... ______Direct______2900 C-dn...... 600-1 600-1 600-1)4 S-dn-32R...... 500-1 500-1 600-1 Wilson Creek Int______MW LOM______------Direct______3200 A-dn*______900-2 900-2 900-2
Procedure turn E side of crs, 141° Outbnd, 321° Inbnd, 2900' within 10 miles. Minimum altitude over facility on final approach crs, 2500'. Crs and distance, facility to airport, 321°—4.7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.7 miles after passing MW LOM, turn right, climb to 2900' direct to MW LOM. Air Carrier Note: Sliding scale not authorized. Visibility reduction not authorized. Note: Use Ephrata altimeter setting when control zone not effective. % Takeoffs all runways: Climb direct to theMWH VOR, then continue on R 140° within 10 miles to cross the MWH VOR at or above: Southwestbound V-2, 2800'. •Alternate minimum s not authorized when control zone not effective. MSA within 25 miles of facility: 000°-090°—3000'; 090°-270°—3700'; 270°-360°—3900'. City, Moses Lake; State, Wash.; Airport name, Grant County; Elev., 1186'; Fac. Class., MHW/LOM; Ident., MW; Procedure No. NDB (ADF) Runway 32R, Amdt. 3; Eff. date, 16 Jan. 69; Sup. Amdt. No. 2; Dated, 23 May 68
FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 36 RULES AND REGULATIONS
Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum • 2-engine, From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots
EPH VOR...... 1...... MWH VOR______Direct______2900 T-dn%.__...... 300-1 300-1 200-J^ Wilson Creek Int...... ______MWH VOR...... Direct...... 3200 C-d______600-1 600-1 600-lH C-n______600-2 600-2 600-2 S-d-32R...... 600-1 600-1 600-1 S-n-32R...... 600-2 600-2 600-2 A-dn#...... 900-2 900-2 900-2 If aircraft equipped to receive VOR and LOM or OM simultaneously and MW LOM/OM identified, the following minimums apply: S-dn-32R*...... 400-1 400-1 400-1
Procedure turn E side of crs, 140° Outbnd, 320° Inbnd, 2900' within 10 miles. Minimum altitude over facility on final approach crs, 2500'; over LOM/OM, 2200'. Crs and distance, facility to airport, 320°—6.1 miles; MW LOM/OM to airport, 321°—4.7 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.7 miles after passing MW LOM/OM, or 6.1 miles after passing MWH VOR, turn right, climb to 2900' direct MWH VOR. Air Carrier N ote: Sliding scale for landing authorized to %-mile on 400-1 minimums only. Note: Use Ephrata altimeter setting when control zone is not effective. %Takeoffs all runways: Climb direct to the MWH VOR, then continue on R 140° within 10 miles to cross the MWH VOR at or above: Southwestbound V2, 2800'. ¿Alternate minimums not authorized when control zone not effective. *400-^i authorized with operative H IRL or ALS, except for 4-engine turbojets. MSA within 25 miles of facility: 000°-180°—3000'; 180°-270°—3700'; 270°-360°—3900'. Citv Moses Lake; State, Wash.; Airport name, Grant County; Elev., 1186'; Fac. Class., L-VOR; Ident., MWH; Procedure No. VOR Runway 32R, Arndt. 4; Efl. date, 16 Jan. 69; Sup. Arndt. No. 3; Dated, 23 May 68 2. By amending §97.11 of Subpart B to delete low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Augusta, Ga.—Bush Field, NDB (ADF) Runway 17, Arndt. 3, 23 Dec. 1967 (established under Subpart C). Augusta, Ga.—Bush Field, ADF 1, Amdt. 13, 6 Nov. 1965 (established under Subpart C). Batesville, Ark.—Batesville Municipal, NDB (ADF)-l, Orig., 20 May 1967 (established under Subpart C). Fayetteville, N.C.—Grannis Field, ADF 1, Amdt. 1, 19 Nov. 1966 (established under Subpart C). Greenville, S.C.—Greenville Municipal Downtown, NDB (ADF) Runway 36, Amdt. 8, 21 Jan. 1967 (established under Subpart C). Augusta, Ga.—Bush Field, VOR-1, Amdt. 7, 23 Dec. 1967 (established under Subpart C). Augusta, Ga.—Daniel Field, VOR 1, Amdt. 4, 23 Nov. 1963 (established under Subpart C). Bemidji, Minn.—Municipal, VOR 1, Amdt. 2, 28 Nov. 1964 (established under Subpart C). Chatham, Mass.—Chatham Municipal, VOR 1, Amdt. 3, 7 Jan. 1967 (established under Subpart C). Gulfport, Miss.—Gulfport Municipal, VOR Runway 22, Orig., 19 Sept. 1968 (established under Subpart C). Imperial, Calif.—Imperial County, VOR 1, Amdt. 3, 23 Feb. 1963 (established under Subpart C ). Iowa City, Iowa—Iowa City Municipal, VOR 1, Amdt. 4, 28 May 1966 (established under Subpart C). Kinston, N.C.—Stallings Field, VOR 1, Amdt. 3, 27 Aug. 1966 (established under Subpart C). Mansfield, Mass.—Mansfield Municipal, VOR-1, Amdt. 3, 15 July 1967 (established under Subpart C). White Sulphur Springs, W. Va.—Greenbrier, VOR 1, Amdt. 4, 18 Apr. 1964 (established under Subpart C). 3. By amending § 97.13 of Subpart B to amend terminal very high frequency omnirange (TerVOR) procedures as follows: Standard instrum ent Approach P rocedure—T ype T erVOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. , . _... . , .. _. . ,___, If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, nnift Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum 2-engine, From— T o - distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots PAE VOR...... Direct...... 1700 T-dn%...... 300-1 300-1 200-M Lofall In t... C-dn...... 600-2 600-2 600-2 PAE VOR (final)...... DirectDirect...... 1100 S-dn-16...... 500-1 500-1 500-1 PAE RBn. A-dn*...... 800-2 800-2 800-2 Procedure turn E side crs, 334° Outbnd, 154° Inbnd, 1700' within 10 miles of PAE VOR. Minimum altitude over facility on final approach crs, 1100'. PAE VOR on airport. Crs and distance, breakoff point to approach end of Runway 16,158—1 mile. , ^ , __„„„i, If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of PAE VOR, turn right, climb to 2000 on R 275° within 10 miles. . , •Alternate minimums not authorized when control zone not enective. %Takeoff minimums 200-)^ authorized only for Runways 16 and 34. , . ____ MSA within 25 miles of facility: 000°-090°—7100'; 090°-180°—6200'; 180°-270°—4800'; 270°-360°—4000'. City Everett; State, Wash.; Airport name, Snohomish County (Paine Field); Elev 603'; Fac. Class., VOR; Ident., PAE; Procedure No. VOR Runway 16, Amdt. 4; Efl. date, 16 Jan. 69; Sup. Amdt. No. VOR-16, Amdt. 3; Dated, 6 Nov. 65 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 37 4. By amending § 97.13 of Subpart B to delete terminal very high frequency omnirange (TerVOR)"procedures as follows: Fayetteville, N.C.—Grannis Field, TerVORr-3, Amdt. 4, 21 May 1966 (established under Subpart C) . 5. By amending § 97.15 of Subpart B to delete very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows : Decatur, Ark.—Crystal Lake, VOR/DME Runway 13, Orig., 29 Feb. 1968 (established under Subpart CJ. Kinston, N.C.—Stallings Field, VOR/DME No. 1, Orig., 27 Aug. 1966 (established under Subpart C). 6. By amending § 97.15 of Subpart B to cancel very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as. follows: Imperial, Calif.—Imperial County, VOR/DME No. 1, Orig., 8 Aug. 1964, canceled, effective 16 Jan. 1969. 7. By amending § 97.17 of Subpart B to amend instrument landing system (ILS) procedures as follows: Standard in strum ent Approach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated* exceptvisibilities which are in statute miles...... -. . . .__ If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approacn proceaure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with, those established for en route operation in the particular area or as set forth below. Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum. 2-engine, From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots PA E L O M ______... ___Direct______3000 T-dn%...... 300-1 300-1 200-)$ C-dn.. . . _. 600-2 600-2 600-2 PÀTC v o ti PA E LO M 3000 S-dn-16*$...... 200-)$ 200-J4 200-)$ A-dn#______600-2 600-2 600-2 Procedure turn E side of crs 338° Outbnd, 158° Inbnd, 3000-' within 10 miles of PAE LOM. Minimum altitude at glide slope interception Inbnd, 2700'. Altitude of glide slope and distance to approach end of runway at OM 2740'—7.9 miles; at MM 765'—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 7.9 miles after passing PAE LOM, turn right, climb to 2000' on R 2®° of PAE VQR within 10 miles, or when directed by ATC, turn right, climb to 3000', direct PAE- LOM. Note: Localizer useable only 60° on either side of front crs. False crs indications possible in other areas. %Takeoff minimums 200-14 authorized only for Runways 16 and 34. *400-1 required when glide slope not used. 400-?4 authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. 400-M authorized, except for 4-engine turbojet aircraft, with operative ALS. $300-M when control zone not effective. ¿Alternate minimums not authorized when control zone not effective. City, Everett: State, Wash.: Airport name, Snohomish County (Paine Field); Elev., 603'; Fac. Class., ILS; Ident., I-PAE; Procedure No. ILS Runway 16, Amdt. 7; Efif. date, 16 Jan. 69; Sup. Amdt. No. ILS-16, Amdt. 6; Dated, 6 Nov. 65 EPH VOR MW LOM ...... Direct______2900 T-dn%...... 300-1 300-1 200-14 MWH VOR MW LOM...... Direct. 2900 C -dn...... 600-1 600-1 600-1)4 3200 S-dn~32R*...... 200-14 200-H 200-14 Wilson Creek Int. MW LOM______Direct______A-dn#...... 700-2 700-2 700-2 Procedure turn E side of crs, 141® Outbnd, 321° Inbnd, 2900' within 10 miles. Ii Altitude of glide slope and distance to approach end of runway at OM 2523'—4.7 miles; at MM 1402'—0.5 mile. Minimum altitude at glide slope interception Inbnd, 2600'. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished 4.7 miles after passing OM, turn right, climb to 2900' direct MW LOM. Note: Use Ephrata altimeter setting when control zone not effective. %Takeoffs all runways: Climb direct to the MWH VOR, then continue on R 140° within 10 miles to cross the MWH VOR at or above: Sonthwestbound V2, 2800'. *400-1 required when glide slope inoperative. 400-Ji authorized with operative H IRL or ALS except for 4-engine turboprop aircraft. ¿Alternate minimums not authorized when control zone not effective. MSA within 25 miles of facility: 000°-090°—3000'; 090°-270°—3700'; 270°-360°—3900'. [ City, Moses Lake; State, Wash.; Airport name, Grant County; Elev., 1186'; Fac. Class., ILS; Ident^ I-MHW; Procedure No. ILS Runway 32R, Amdt. 4; Eft. date, 16 Jan. 69; Sup. Amdt. No. 3; Dated, 23 May 68 8. By amending § 97.17 of Subpart B to delete instrument landing system (ILS) procedures as follows: Augusta, Ga.—Bush Field, ILS-35, Amdt. 12, 25 Dec. 1965 (established under Subpart C). Fayetteville, N.C.—Grannis Field, ILS Runway 3, Amdt. 2, 18 Mar. 1967 (established under Subpart C). Greenville, S.C.—Greenville Municipal Downtown, ILS-36, Amdt. 12, 21 Jan. 1967 (established under Subpart C). 9. By amending § 97.10 of Subpart B to amend radar procedures as follows: FEDERAL REGISTER; V O L 34, No. 2— FRIDAY, JANUARY 3, 1969 38 RULES AND REGULATIONS Standard I nstrument Approach P rocedure—T ype Radar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar con troller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds dining a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon de scent to authorized landing minimums; or (D) if landing is not accomplished. Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum - 2-engine, From— To— distance altitude Condition 65 knots More more than (feet) ■ or less than 65 65 knots knots Precision approach T-dn%...... 300-1 300-1 200-% C-dn_._...... 800-1 800-1 800-1% S-dn-14/32#...... 300-% 300-% 300-% A-dn...... 800-2 800-2 800-2 If visual contact not established upon descent to authorized landing minimums or if landing not accomplished— v Runway 32: Climb direct to LMT VOR, thence turn left, climb to 7500' on R 256° LMT VOR within 10 miles. All maneuvering N of R 256°. Runway 14: Climb to 7500' direct to LFA RBn or, when directed by ATC, climb direct to LMT VOR, turn right, climb to 7500' on R 256° LMT VOR within 10 miles. All maneuvering N of R 256°. %Takeoffs all runways: Climb via LMT ILS localizer SE crs/LMT VORTAC R 140° to 6000', then turn right heading 250° to intercept and proceed via LMT VOR R 162° to cross the LMT VOR at or above 7000'; westbound V-122, 6000'. %200-% authorized only on Runway 14. 300-1 required Runway 32. 500-1 required Runways 7/25 and 18/36. #Air Carrier N ote: Sliding scale for landing not authorized. City, Klamath Falls; State, Oreg.; Airport name, Kingsley Field; Elev., 4092'; Facility, Klamath Falls Radar; Procedure No. Radar 1, Arndt. 2; Eff. date, 16 Jan. 69; Sup. Arndt. No. 1; Dated, 9 Nov. 67 10. By amending § 97.19 of Subpart B to delete radar procedures as follows: Greenville, S.C.—Greenville Municipal Downtown, Radar 1, Amdt. 3, 1 May 1965 (established under Subpart C). 11. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency- distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR; If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach mini-mum altitudes shall correspond with those established for en route operation in this particular area or as set forth below. Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.5 miles after passing Daniel Int. (feet) EMR NDB ...... — - _ ___AGS V O R T A C ______2000 Climbing right turn to 2000' direct to AGS R 238°, AGS VORTAC (CW) _ R 322°, AGS VORTAC...... — 2000 VORTAC and hold; or, when directed R 072° 1 AGS VÒRTÀC (CCW) — ...... R 322°, AGS VORTAC...... 2000 by ATC, climb to 2000' on AGS R 158° 10-mile DME Arc______...... AGS VORTAC (NOPT)...... R 322°, AGS VORTAC.... 1700 to Shell Bluff Int. Supplementary charting information: Hold NW, 1 minute, right turns, 142° Inbnd. Final approach crs to center of landing area. Procedure turn W side of crs, 322° Outbnd, 142° Inbnd, 2000' within 10 miles of AGS VORTAC. FAF, Daniel Int/7.5-mile DME Fix. Final approach crs 142°. Distance FAF to MAP, 5.5 miles. Minimum altitude over AGS VORTAC, 1700'; over Daniel Int/7.5-mile DME Fix, 1700'. MSA: 000°-090°—2100'; 090°-180°—2900'; 180°-270°—2900'; 270°-360°—1900'. #300-1 required on Runways 8/26. Day and Night Minimums A B C D MPA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C ...... -...... 720 1 675 720 1 575 720 1% 675 720 2 575 A______Standard. T 2-eng. or less—Standard.# T over 2-eng.—Standard.# City, Augusta; State, Ga.; Airport name, Bush Field; Elev., 145'; Facility, AGS; Procedure No. VOR-1, Amdt. 8; Eff. date, 16 Jan. 69; Sup. Amdt. No. 7; Dated, 23 Dec. 67. FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 39 Standard I nstrument Afproach P rocedure—T ype VOR—-Corrthiuefl Terminal routes Missed approach Minimum MAP: 6.3 miles after passing AGS From— To— Via altitudes VORTAC. (feet) EMR NDB__ '...... ___ AGSVORTAC...... •Climbing left turn to 2000' direct to AGS R-238 AGS VORTAC (CW) ------R-322AGS VORTAC______. 10-mile DME Are...... 2000 VO-RTAC and hold; or, when directed R-072 AGS VORTAC (CCW) ___ R-322 AGS VORTAC . 10-mile DME A re...... 2000 by ATC, climb to 2000' on AGS R 158° 10-mile DME Fix...... ___ AGS VORTAC (NOPT)...... R3220, AGS VORTAC___ 1700 tol/U OUOllShell D1UUBluff JLllt.Int. Supplementary charting information: Hold NW, 1 minuté, right turns, 142° Inbnd. Procedure turn W side of crs, 322° Outbnd, 142° Inbnd, 2000' within 10 miles of AGS VO STA C. FAF, AGS VOKTAC. Final approach crs, 136°. Distance FAF to MAP, 6.3 miles. Minimum altitude over AGS VORTAC, 1700'. MSA: 000°-090°—2100'; 090°-180°—2900'; 180°-270°—2900'; 270°-360°—1900'. N otes: (1) Use AGS altimeter setting. (2) No weather reporting service. ‘Night operations not authorized on Runways 5/23. Day and Night Minimums A B C D Cond. MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS C*...... 1200 1 776 1200 V i 776 1200 V i 776 NA A...... T 2-eng. or less—Standard. T over 2-eng.-—Standard. City, Augusta; State, Ga.; Airport name, Daniel Field; Elev., 424'; Facility. AGS; Procedure No. VOR-1, Arndt. 5; Efif. date, 16 Jan. 69; Sup. Arndt. No. VOR 1 Arndt 4- Dated, 23 Nov. 63 Terminal routes Missed approach Minimum From To— Via altitudes MAP: 5 miles after passing BJI VOR. (feet) Climb to 3100' on R 181° within 10 miles, return to BJI VOR. Supplementary charting information: LRCO 122.1,123.6. TDZ elevation, 1389'. Procedure turn S side of crs, 311° Outbnd, 131° Inbnd, 3100' within 10 miles of BJI VOR. TAF, BJI VOR. Tinal approach crs, 131°. Distance FAF to MAP, 5 miles. Minimum altitude over BJI VOR, 2900'. MSA: 000°-180°—2800'; 180°-360°—3000'. N ote: Use Hibbing altimeter setting when Bemidji control zone not effective. Circling and straight-in MDA raised 400' when Bemidji control zone not effective except oper ators with approved weather reporting service. @ Alternate minimnms not authorized when control zone not effective. Day and Night Minimums A B O D Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8-13...... 1700 1 311 1700 1 311 1700 1 311 1700 1 311 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS TTA A 0 ...... 1740 1 351 1840 1 461 1840 VA 451 1940 2 651 A...... Standard. @ T 2-eng. or less—Standard. T over 2-eng.—Standard. City, Bemidji; State, Mina.; Airport name, Municipal; Elev., 1389'; Facility, BJI; Procedure No. VOR Runway 13, A rndt 8; Eft. date, 16 Jan. 69; Sud. Arndt. No. VOR 1 Arndt. 2; Dated, 28 Nov. 64 . FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3 , 1969 No. 2-----2 40 RULES AND REGULATIONS Standard I nstrument Approach P rocedure—T ype VOR--C ontinued Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 10 miles after passing HYA VOR. (feet) \ V-141...... _____ HYA VOR (NOPT1...... Via radar vector to final ap- 1500 with Make a climbing right turn to WOO7, direct V-167...... HYA VOR (NOPT)...... proach crs. in 15 HYA VOR and hold. miles. Supplementary charting information: Hold S HYA VOR, 1 minute, right turns. 357° inbd. Final approach crs intercepts center of airport. SKr antenna 1.7 miles SW of airport. Depict 10-mile DME Fix HYA R 113° at missed approach point. Procedure turn not authorized. PAF, HYA VOR. Final approach crs, 113°. Distance FAF to MAP, 10miles. Minimum altitude over HYA VOR, 1500'; over 6-mile DME Fix, 800'. MSA: 000°-090°—1400'; 090°-180°—1700'; 180°-270°—1700'; 270°-360°, 1600'. N otes: (1) Radar required. (2) Use Hyannis altimeter setting. ■ ■ *Use Otis altimeter setting and increase all circling MDA’s 60' when HYA control zone not effective. Day and Night Minimums A B C D MDA VIS HA A MDA VIS HAA VIS VIS O*...... 800 1 728 800 1 728 , NA NA VOR/DME Minimums: MDA VIS HAA MDA VIS HAA VIS VIS O*...... 600 1 528 600 1 628 NA NA A ...... Not authorized; T 2-eng. or less—Standard. T over 2-eng. City Chatham; State, Mass.; Airport name, Chatham Municipal; Elev., 72'; Facility, HYA; Procedure No. VOR-1 Arndt. 4; Eff. date, 16 Jan. 69; Sup. Arndt. No. VOR 1, Arndt. 3; Dated, 7 Jan. 67 Terminal routes Missed approach Minimum From— To— Via altitudes MAP: FAY VOR; (feet) Climb to 2000', right turn direct to FAY VOR and hold. Supplementary charting information: Hold SW, 1 minute, right turns, 045° Inbnd. Final approach crs intercepts runway centerline extended at 6200' from threshold. TDZ elevation, 189'. Procedure turn S side of crs, 237° Outbnd, 057° Inbnd, 1700' within 10 miles of FAY VOR. Final approach crs, 057°. MSA : 000°-090°—1600'; 090°-180°—1500'; 180°-270°—1700'; 270°-360°—1800'; N ote: Radar vectoring. . „ _ , , ____ Day and Night Minimums A B O ______D______C0nd* MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8_3______660 H 371 560 H 371 560 H 371 460 1 371 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA O ______560 1 371 640 1 451 640 1J4 461 740 2 661 A...______Standard. T 2-eng. or less-Standard. T over 2-eng.—Standard; City Fayetteville; State, N.C.; Airport name, Fayetteville Municipal; Elev., 189'; Facility, FAY: Procedure No. VOR Runway 3, Arndt. 5; Eff. date, 16 Jan. 69; Sup. Arndt; ’ ’ ’ No. TerVOR-3, Arndt. 4; Dated, 21 May 66 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 41 S tandard I nstrum ent Approach P rocedure-—T ype VOR—Continued t Terminal routes Missed approach Minimum From— T o - Via altitudes MAP: GPT VORTAC. (feet) R 339“, OPT VORTAC (CW)...... R 045°, GPT V O R T A C ...:...... 7-mile DME A rc..______1800 Climb to 1600' via R 242° to Morris Int and R 058°, GPT VORTAC (CCW)______R 045°, GPT VORTAC.:..______7-mile DME Arc______1800 hold or, when directed by ATC, climb to 7-mile DME Arc------4-mile DME GPT R 045° (NOPT)___ GPT R 045°______.680 1600' via R 180° to Hawkeye Int and hold. Supplementary charting information: Mor ris holding; held SW 062° Inbnd, 1 minute, right turns. Hawk-eye holding; hold S 360° Inbnd, 1 minute, right turns. TDZ elevation, 27'. Procedure turn N side of ers, 045° Outbnd, 225° Inbnd, 1600' within 10 miles of GPT VORTAC. Final approach ers, 225°. Minimum altitude over 4-mile DME GPT R 045°, 680'. MSA: 090°-270°—1500'; 270°-090°—2600'. *Night operations authorized Runways 13/31 only. ©Alternate minimum not authorized when control zone not effective except for operators with approved weather reporting service. Jllse Mobile altimeter setting when control zone not effective and all MDA’s increased 200' except for operators with approved weather service. Day and Night Mínimums ABC D Cond. MDAVIS HAT MDAVIS HAT MDAVISHAT MDA VISHAT S-22*#...... 680 1 653 680 1 653 680 IK 653 680 IK 653 MDAVIS HAA MDAVIS HAA MDA VIS HAAMDAVIS HAA C*#...... 680 1 652 680 1 652 680 IK 652 680 2 652 VOR/DME Minimums: MDAVIS HAT MDAVISHAT MDAVISHAT MDA VISHAT S-22*#. ______460 1 433 460 1 433 460 1 433 460 JL 433 A...... T 2-eng. or less—Standard.* T over 2-eng.—Standard.* City, Gulfport; State, Miss.; Airport name., Gulfport Municipal; Elev., 28'; Facility, GPT; Procedure No. VOR Runway 22, Amdt. 1; Eff. date, 16 Jan. 69; Sup. Amdt. No. Orig..; Dated, 19 Sept. 68 Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.7 miles after passing IPL VOR. (feet) IPL VOR R 074®/10-mile DME Fix------IPL VOR (NOPT)------Direct______1700 Climb to 3000', turn right to intercept and proceed northbound via IPL R 336° to 20 nautical miles. Supplementary charting information: Chart missed approach point as 5.7-mile DME. Chart 183^tower 3248AM34. Procedure turn not authorized. One-minute holding pattern, IPL VOR E, 254° Inbnd, right turn, 2000'. FAF, IPL, VOR. Final approach ers, 313°. Distance FAF to MAP, 5.7 miles. Minimun altitude over IPL VOR, 1700'. MSA: 100°-190°—4700'; 190°-280°—6600'; 280°-100°—3400'. ______Day and N ight Minimums______A B C D Cond. —------—;------MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS C...... 440 1 497 440 1 497 440 IK 497 NA A...... Standard. T 2-eng. or less—Runways 32 and 14, 200-1. T over 2-eng.—Runways 32 and 14, 200-1. City, Imperial; State, Calif.; Airport name, Imperial County; Elev., —57'; Facility, IPL; Procedure No. VOR-l, Arndt. 4; Eff. date, 16 Jan. 69; Sup. Arndt. No. VOR 1, Amdt. 3; Dated, 23 Feb. 63 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 42 RULES AND REGULATIONS Standard I nstrum ent Approach P rocedure—T tpb VOR—Continued Terminal routes Missed approach Minimum MAP: 7.5 miles after passing IOW 1 From— To— Via altitudes VORTAC. (feet) CID LOM...... IOW V O R TA C -...... Direct______2500 Climbing right turn to 2400' direct to 1 CID VORTAC...... IOW VORTAC...... Direct...... 2500 IOW VORTAC. R 073°, IOW VORTAC (CW)_...... R 199°, IOW VORTAC (NOPT).... . 7-mileArc...... 2400 Supplementary charting infomation: Steel 1 R 263°, IOW VORTAC (CCW)...... R 199°; IOW VORTAC (NOPT) — . 7-mile Are______2400 tower 1.3 miles NW of airport 935'. 1 TDZ elevation 652'. Procedure tum W side of ers, 199° Outbnd, 019° Inbnd, 2400' within 10 miles of IOW VORTAC. FAF, IOW VORTAC. Final approach ers, 019°. Distance FAF to MAP, 7.5 miles. Minimum altitude over IOW VORTAC, 2400'; over 4-mile DME Fix, 1200'. MSA within 25 miles of IOW VORTAC: 090°-270°—2100'; 270°-090°—2200'. N ote: Use Cedar Rapids, Iowa, altimeter setting. %Plan IF R departures to avoid 935' tower 1.3 miles NW. •Standard alternate minimums authorized for air carriers with approved weather reporting service. Dat and N ight Minimums A B C D Cond. MDA VIS HATMDA VIS HATMDAVIS HAT VIS S-35...... 1200 1 548 1200 1 548 1200 1 548 NA MDA VIS HAAMDA VIS HAA MDAVIS HAA C...... 1300 1 639 1300 1 639 1300 VÁ 639 NA DME Minimums: MDAVIS HATMDAVIS HATMDA VIS HAT S-35...... 1100 1 448 1100 1 448 1100 1 448 NA A...... ______*Not authorized. T 2-eng. or less—Standard.% T over 2-eng.-—Standard.% City. Iowa City; State, Iowa: Airport name, Iowa City Municipal; Elev., 661'; Facility, IOW; Procedure No. VOR Runway 35, Arndt. 5; Eft. date, 16 Jan. 69; Sup. Arndt. No. VOR 1, Arndt. 4; Dated, 28 May 66 Terminal routes Missed approach Minimum MAP: 3.5 miles after passing ISO VOR From— To— Via altitudes TAC. (feet) R 302°, ISO VORTAC (CW)._ ... R 051°, ISO VORTAC...... 10-mile DME Arc ----— 2200 Climbing right turn to 2000' direct to ISO R 130°, ISO VORTAC (CCW) ... R 051°; ISO VORTAC...... 10-mile DME Arc 2500 VORTAC and hold. 10-mile DME Are...... ISO VÖRTAC (NOPT)___ ISO R 051°...... 1100 Supplementary charting information: Hold NE, 1 minute, right turns, 205° Inbnd. TDZ elevation, 94'. Procedure tum N side of ers, 051° Outbnd, 231° Inbnd, 2000' within 10 miles of ISO VORTAC. FAF, ISO VORTAC, Final approach ers, 231°. Distance FAF to MAP, 3.5 miles. Minimum altitude over ISO VORTAC, 1100'. MSA: 000°-180°—2600'; 180°-270°—1500'; 270°-360°—2200'. N ote: Use GSB AFB altimeter setting when control zone not effective. #Alternate minimum not authorized and circling and straight-in MDA increased 60' when control zone not effective. Dat and Night Minimums A B C D Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS S-22#...... — ...... 480 1 386 480 1 386 480 1 386 NA MDA VIS HAA MDA VIS HAA MDA VISHAA C#______520 1 426 560 1 466 560 m 466 NA A...... Standard.# T 2-eng. or less—Standard. T over 2-eng.--Standard. City, winafam; State, N.C.; Airport name, Stallings Field; Elev., 94'; Facility, ISO; Procedure No. VOR Runway 22, Arndt. 4; Eft. date, 16 Jan. 69; Sup. Arndt. No. VOR 1, Arndt. 3; Dated, 27 Aug. 66 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 43 Standard I nstrument Approach P rocedure—T ype VOR—Continued Terminal routes Missed approach Minimum MAP: 10 miles after passing HTM From— To— Via altitudes VORTAC. (feet) Make climbing right turn to 2060' direct to HTM Y OR and hold. Supplementary charting information: Hold SW HTM VOR, 1 minuté, right turns, 060° Inbnd. Runways 4/22 unlighted. Depict 10-mile DME Fix HTM R 264° at missed approach point. Procedure tum S side öf crs, 084° Outbnd, 264° Inbnd, 1700' within 10 miles of HTM VOR. FAF, HTM VOR. Final approach crs, 264°. Distance FAF to MAP, 10 miles. Minimum altitude over HTM VOR, 1700'; over 6-mile DME Fix, 740'. MSA: 000°-090°—1900'; 090o-180o—1600'; 180o-270°—-2200'; 270°-360 —2400'. N otes: (1) Radar vectoring. (2) Use NAS South Weymouth altimeter setting. %Night operations Runways 14/32 only. D ay and Night Minimums A B C D MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS C%...... „ ...... 740 1 616 740 1 616 740 1J3 616 NA VOR/DME Minimums: MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS C%...... 640 1 416 680 1 486 680 1}3 456 NA A—...... Not authorized. T 2-eng. or less—Standard.% T over 2-eng.—Standard.% City, Mansfield; State, Mass.; Airport name, Mansfield Municipal; Elev., 124'; Facility, HTM; Procedure No. VOB-1, Arndt. 4; Efl. date, 16 Jan. 69; Sup. Arndt. No. 3; Dated, 15 July 67 Terminal routes Missed approach Minimum From— To— Via altitudes MAP : 3.3 miles after passing Mastic Int. (feet) Riverhead V O R ...... Mastic I n t...... Direct...... 1600 Right-climbing turn to 1500' to Mastic Int via RVH VOR R 166® and hold* Supplementary charting information: *Hold S, 1 minute, right turns, 346° Inbnd. Radio tower 1.2 miles S of airport 268'. Procedure turn not authorized. One minute holding pattern S of Mastic Int, 346° Inbnd, right turns, 1600'. FAF, Mastic Int. Final approach crs, 346°. Distance FAF to MAP, 3.3 miles. Minimum altitude over Mastic Int, 1600'. MSA: 000o-090°—1700'; 090°-180°—1600'; 180°-270o—1700'; 270<>-360o—2100'. Notes: (1) Use Long Island-MacArthur altimeter setting. (2) Dual VOR or VOR/DME receivers required. D ay and Night Minimums ABCD Cond. MDA VIS HAA MDA VIS HAA VIS VIS C ...... 600 1 519 600 1 519 NA NA A...... T 2-eng. or less—Standard: T over 2-eng.—Standard. City, Shirley; State, N.Y.; Airport name, Brookhaven; Elev., 81'; Facility, RVH; Procedure No. VOR Runway 33, Arndt. Orig.; Efl. date, 16 Jan. 69 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 4 4 RULES AND REGULATIONS Standard I nstrument Approach P rocedure—T ype V OR—Continued Terminal routes Missed approach Minimum From— T o - Via altitudes MAP: 1.7 miles after passing SSU VOR. (feet) Covington Int______-...... SSU VOR...... Direct...... -...... 5400 Climbing left turn to 5400', return to SSU Natural Well Int______...... SSU VOR...... Direct...... 5400 VOR and hold. . . SSU VOR...... Direct...... 5400 Supplementary charting information: Zenith Int...... -...... SSU VOR...... Direct...... ______6000 Hold SE, 1 minute, right turns, 299° Inbnd. Procedure turn N side or crs, 119° Outbnd, 299° Inbnd, 5400' within 10 miles of SSU VOR. FAF, SSU VOR. Final approach crs, 299°. Distance FAF to MAP, 1.7 miles. Minimum altitude over SSU VOR, 4300'. MSA: 000°-090°—5600'; 090°-180°—5000'; 180°-270°—5400'; 270°-360°—5600'. N ote: Use Roanoke altimeter setting. ’ Caution: Precipitous terrain underlying this procedure. Turbulence of varying mtensities may be encountered; airport surrounded by high ridges. *Night Tninimnms not authorized. %Climb visually over the airport to 3400'; thence, climb NW on SSU R 322° to 5400' before proceeding on crs. Day anb Night Minimums A BCD Cond. MDA VIS HAAMDAVIS HAAMDAVISHAA VIS C*...... 3900 3 2099 3900 3 2099 3900 3 2099 NA A...... Not authorized. T 2-eng. or less—All runways ceiling 1600' visibility l.% T over 2-eng.—All runways Ceiling 1600' visibility l.% City. White Sulphur Springs; State, W.Va.; Airport name, Greenbrier; Elev., 1801'; Facility, SSU; Procedure No. VOR-1, Amdt. 5; Eff. date, 16 Jan. 69; Sup. Arndt. No. VOR 1 Arndt. 4; Dated, 18 Apr. 64 Standard instrum ent Approach P rocedure—T ype VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance •with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum From— To— Via altitudes MAP: FYV R 284° 17-mile DME Fix. (feet) FYV VORTAC______...... 20-mile DM E Fix...... R 284°...... 3000 Climbing left turn to 3000' via FYV R 284° FYV VORTAC R 261° (CW)...... __ FYV VORTAC R 284°______FYV 23-mile DM E Arc 3000 to 20-mile DME Fix and hold. FYV, R 279°, lead radial. Supplementary charting information: Hold ______20-mile DME Fix (NOPT)...... ____R 284°...... 2100 W between 20-mile DM E and 23-mile DME Fixes on FYV VORTAC R 284°— 104° Inbnd, left turns. Procedure turn S side of crs, 284° Outbnd, 104° Inbnd, 3000' within 5 miles of 20-mile DME Fix. Final approach crs, 104°. Minimum altitude over 20-mile DME Fix, 2100'. Notes: (1) Use Fayetteville, Ark., altimeter setting. (2) Approach from holding pattern authorized, cross 23-mile DME Fix Inbnd, 3000'. Day and Night M inimums A B C D MDA VIS HAT VIS VIS VIS S-13...... 1780 1 600 NA NA NA MDA VIS HAA C...... 1840 1 660 NA • NA NA A______Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard. City, Decatur; State, Ark.; Airport name, Crystal Lake; Elev., 1180'; Facility, FYV VORTAC; Procedure No. VOR/DME Runway 13, Amdt. 1; Eff. date, 16 Jan. 69; Sup. Amdt. No. Orig.; Dated, 29 Feb. 68. 9 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 45 Standard I nstrum ent Approach P bocedueb-—Type VOR/DME-—Continued Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.3-mile DME Fix. (feet) ISO VORTAC...... -...... 10-mile DME Fix______ISO R 230°______...... 2000 Climb to 2000' direct to ISO VORTAC R 130° TSO VORTAC MTW) Ti. 930° IRO VORTAO, 15-mile DME Are_____ ...... 2000 and hold. R 302°! ISO VORTAC (CCW)...... — ...... R 230° ISO V O R T A C ...... ____ 15-mile DME Are...... 2000 Supplementary charting information: Hold 15-mile DME Are...... 10-mile DME Fix (NOPT)______ISO R 230°...... 1900 NE, 1 minute, right turns, 205° Inbnd: Final approach crs intercepts runway centerline extended at 3000' from thresh old. TDZ elevation, 94'. Procedure turn S side of crs, 230° Outbnd, 050° Inbnd, 2000' within 10 miles of 10-mile DME Fix. Final approach crs, 050°. Minimum altitude over 10-mile DME Fix, 1900'. MSA: 000°-180°—2500'; 180°-270°—1500'; 270°-360°—2200'. N ote; Use GSB AFB altimeter setting when control zone not effective. ¡¡¡Alternate minimum not authorized and circling and straight-in MDA increased 60' when control zone not effective. D ay and Night Minimums A B C D Cond. MDA VIS HATMDA VIS HAT MDA VIS HAT VIS 8*44...... 640 1 546 640 1 546 640 1 546 NA MDA VIS HAA MDA VIS HAAMDA VIS HAA | * C i...... 640 1 546 640 1 546 640 1M 646 NA A...... ____ 'Standard.# T 2-eng. or less—Standard. T over 2-eng.—Standard. Cits. TTingtnn; state, N.C.; Airport name, Stallings Field; Elev., 94'; Facility, ISO; Procedure No. VOR/DME Runway 4, Arndt. 1; Eff. date, 16 Jan. 69; Sup. Arndt. No. VOR/ ' DME No. 1, Orig.; Dated, 27 Aug. 66 12. By amending § 97.23 of Subpart C to amend very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedurb—T ypb VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum From— To— Via altitudes MAP: GPT VORTAC. (feet) R 242° OPT VORTAC (CCW) R. GPT VORTAC ...... 1800 Climb to 2500' via R 339° to Mouse Int and Direct______1800 hold or, when directed by ATC, climb 7-mile DME Arc______...... 2-mile DME GPT R 208° (NOPT). . GPT R 208°...... 660 ing left turn to 1600' direct to GPT VORTAC and hold. Supplementary charting information: Mouse holding; hold NW 159° Inbnd, 1 minute, right turns. GPT holding; hold NW 140° Inbnd, I minute right turns. TDZ elevation, 28'; Procedure turn E side of crs, 208° Outbnd, 028° Inbnd, 1600' within 10 miles of GPT VORTAC. Final approach crs, 028°. Minimum altitude over 2-mile DME, GPT R 208°, 660'. MSA: 090°-270°—1500'; 270°-090°—2600'. *Night operations authorized Runways 13/31 only. ©Alternate minimums not authorized when control zone not effective except for operators with approved weather reporting service. #Use Mobile altimeter setting when control zone not effective and all MDA’s increased 200' except for operators with approved weather reporting service. Day and Night Minimums A B C D Cond. MDAVIS HATMDAVIS HATMDAVIS HATMDAVISHAT 8-4*#______660 1 632 660 1 632 660 1X 632 660 IX 632 MDA VISHAAMDAVIS HAAMDA VISHAA MDAVISHAA C*#...... 1 652 680 1 652 680 IX 652 680 2 652 VOR/DME Minimums: MDA VIS HAT MDAVIS HATMDA VIS HAT MDA VIS HAT S-4*#__ 1 672 600 1 672 600 1 572 600 IX 672 A._ T 2-eng. or less—Standard.* T over 2-eng.—Standard.* City, Gulfport; State, Miss.; Airport name, Gulfport Municipal; Elev., 28'; Facility, GPT; Procedure No. VOR Runway 4, Arndt. 1; Eff. date, 16 Jan. 69; Sup. Arndt. Noj Orig.; Dated, 19 Sept. 68 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 46 RULES AND REGULATIONS S tandard I nstrum ent Approach P rocedure—T ype V OR— Continued Terminal routes Missed approach Minimum From— To— Via altitudes MAP: GPT VORTAC. (feet) R 242° OPT VÖRTAC (CW) ...... R 320°, OPT VORTAC (NOPT)___ 7-mile DME Arc...... 1800 Climbing right turn to 1600' via R 242° to R 058°’ OPT VORTAC (CCW) ...... R 320°, GPT VORTAC (NOPT)____ 7-mile DME Arc...... 1800 Morris Int and hold or, when directed by ATC, climb to 1600'; proceed to Hawkeye Int via R 180° and hold. Supplementary charting information: Morris holding; hold SW 062° Inbnd, 1 minute, right turns. Hawkeye holding; hold S 360° Inbnd, 1 minute, right turns. TDZ elevation, 24'. Procedure turn W side of crs, 320° Outbnd, 140° Inbnd, 1600' within 10 miles of GPT VORTAC. Final approach crs, 140°. MSA: 090°-270°—1500'; 270°-090°—2600'. •Night operations authorized Runways 13/31 only. . ©Alternate minimum« not authorized when control zone not effective except for operators with approved weather reporting service. #Use Mobile altimeter setting when control zone not effective and all MDA’s increased 200' except for operators with approved weather reporting service. Day and Night Minimums A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-13*#...... — — ...... 460 Yt. 436 460 % 436 460 M 436 460 1 , 436 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C*#...... 680 1 652 680 1 652 680 1H 652 680 2 652 A...... _...... Standard. @ T 2-eng. or less—Standard.* T over 2-eng.—Standard.* City. Gulfport; State, Miss.; Airport name, Gulfport Municipal; Elev., 28'; Facility, GPT; Procedure No. VOR Runway 13, Arndt. 5; Eff. date, 16 Jan. 69; Sup. Arndt. No. 4; Dated, 19 Sept. 68 Terminal routes Missed approach Minimum From— To— Via altitudes MAP: GPT VORTAC. (feet) R 058°, GPT VORTAC (OW)„ R 124°, GPT VORTAC...... 7-mile DME Arc. 1800 Climbing left turn to 1600' via R 242° to I R 242°, GPT VORTAC (COW) R 124°, GPT VORTAC...... 7-mile DME Arc. 1800 Morris Int and hold or, when directed by H 7-mile DME A rc...... 4-mile DME GPT R 124° (N O PT).... GPT R 124°___ 480 ATC, climb to 2500' R 339° to Mouse Int, ■ and hold. Supplementary charting information: ■ Morris holding; hold SW 062° Inbnd, 1 1 minute, right turns. Mouse holding; ■ hold NW 159° Inbnd, 1 minute, right ■ turns, TDZ elevation, 25'. Procedure turn N side of crs, 124° Outbnd, 304° Inbnd, 1600' within 10 miles of GPT VORTAC. Final approach crs, 124°. Minimum altitude over 4rmile DME GPT R 124°, 480'; MSA: 090°-270°—1500'; 270°-090°—2600'. N ote: Inoperative table does not apply to HIRL Runway 31. •Night operations authorized Runways 13/31 only, \ . . . , ©Alternate minimums not authorized when control zone not effective except operators with approved weather reporting service. #Use Mobile altimeter setting when control zone not effective and all MDA’s increased 200' except for operators with approved weather reportmg service. Day and Night Minimums A B O D Cond. MDA VIS HATMDA VIS HATMDA VIS HATMDA VIS HAT S-31*#...... 480 1 455 480 1 455 480 1 455 480 1 455 MDA VIS HAAMDA VIS HAA MDA VIS HAAMDA VIS HAA C*#...... 680 1 652 680 1 652 680 m 652 680 2 652 VOR/DME Minimums: MDA VIS HAT MDAVIS HATMDA VIS HATMDA VIS HAT 8-31*!?...... 420 1 395 420 1 395 420 1 395 420 1 395 A...... ______Standard©. T 2- eng. or less—Standard.* T over 2-eng.-—Standard.* City. Gulfport; State, Miss.; Airport name, Gulfport Municipal; Elev., 28'; Facility, GPT; Procedure No. VOR Runway 31, Arndt. 1; Eff. date, 16 Jan. 69; Sup. Arndt. No. Orig.; Dated, 19 Sept. 68 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 47 Standard I nstrument Approach P rocedure—T ype V OR— Continued Terminal routes Missed approach Minimum MAP: 9.6 miles after passing APE From— To— Via altitudes VORTAC. (feet) Make climbing left turn to 3000' direct to APE VORTAC and hold. Supplementary charting information: Hold NW, 1 minute, right turn, 142° Inbnd. Procedure tum E side of crs, 322° Outbnd, 142° Inbnd, 3000' within 10 miles of APE VORTAC. FAF, APE VORTAC. Final approach crs, 142°. Distance FAF to MAP, 9.6 miles. Minimum altitude over APE VORTAC, 2000'; over 6-mile DME Fix, 1820'. MSA: 000°-090°—2600'; 090°-180°—2600'; 180°-270°—2600'; 270°-360°—2600'. N otes: (1) Radar vectoring. (2) Use CMH altimeter setting. Day and Night Minimums A B C D MDA VIS HA A VIS VIS VIS C ...... ; ...... 1820 1 940 NA NA NA DME Minimums: MDA VIS HAA C ...... 1520 1 640 NA NA NA A*...... : ...... Not authorized. T T 2-eng.2-eng. oror less—Standard.less—Standard. Tover2-eng.—Standard.T over 2-eng.—Standard. City, Newark; State, Ohio; Airport name, Licking County; Elev., 880'; Facility, APE; Procedure'No. VOR-1, Arndt. 1; Eff. date, 16 Jan. 69; Sup. Arndt. No. Orig.; Dated, 30 May 68 Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 8.1 miles after passing SBD VOR. (feet) ONT VOR...... -...... SBD V O R...... Direct—...... 5000 Left-climbing turn to 3500' direct to ONT POM VOR...... - ...... SBD VOR______Direct...... 5000 VOR. RAL VOR...... SBD V O R ...... , ...... D ir e c t...... 5000 Supplementary charting information: Final approach crs to midpoint of Runways 6/23. Procedure tum S side of crs, 121° Outbnd, 301° Inbnd, 4200' within 10 miles of SBD VOR. FAF, SBD VOR. Final approach crs, 271°. Distance FAF to MAP, 8.1 miles. Minimum altitude over SBD VOR, 3300'. MSA: 035°-125°—12,600'; 125°-215°—6700'; 215°-305°—11,100'; 305°-035°—9600'. N otes: (1) Radar vectoring. (2) Use Norton AFB altimeter setting. (3) Delay up to 30 minutes may occur during periods of air defense activity. %IFR departure procedures: Runway 5, turn right and proceed direct to ONT VOR. Day and N ight Minimums ABCD Cond. MDA VISHAAMDAVIS HAAVIS VIS C ____ ...... 2160 1 727 2160 1 727 NA NA A...... T 2-eng. or less—Standard.% T over 2-eng.—Standard.% City, Rialto; State, Calif.; Airport name, Rialto Municipal (Miro Field); Elev., 1433'; Facility, SBD; Procedure No. VOR-1, Arndt. 1; Eff. date, 16 Jan. 69; Sup. Arndt. No: Orig.; Dated, 19 Dec. 68 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 No. 2- 48 RULES AND REGULATIONS 13. By amending § 97.27 of Subpart C to establish nondirectional beacon (automatic direction finder) (NDB/ADF) pro cedures as follows Standard I nstrument Approach P rocedure—Type NDB (ADF) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.9 miles after passing EMR NDB. (feet) AGS VORTAC. EMR NDB...... Direct. 2000 Climb to 2000' direct to AG LOM; or Trenton Int____ EMR NDB (NOPT)...... Direct. 1700 when directed by ATC, climbing right Mallard Int____ EMR NDB (NOPT)...... Direct. 1700 turn to 2000' direct to EMR NDB and Clarice In t...... EMR NDB (NOPT)...... Direct. 1700 hold. Langley Int____ EMR NDB______Direct. 2900 Supplementary charting information: AG Shell Bluff In t... EMR NDB...... Direct. 2000 LOM hold S, 1 minute, left turns, 349° Inbnd. EMR NDB hold NW, 1 minute, right turns, 167° Inbnd. TDZ elevation, 146'. Procedure turn W side of crs, 347° Outbnd, 167° Inbnd, 2000' within 10 miles of EMR NDB. FAF, EMR NDB. Final approach crs, 167°. Distance FAF to MAP, 4.9 miles. Minimum altitude over EM R N D B, 1700'. MSA: 000°-180°—2900'; 180°-270°—2900'; 270°-360°—2000'. #300-1 required on Runways 8/26. , Day and Night Minimums A B O D______COnd' MDA VIS TT AT MDA VIS HAT MDA VIS HAT MDA VIS HAT g_!7______700 1 566 700 1 665 700 1 555 700 I l i 655 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 720 1 575 720 1 675 720 IK 675 720 2 676 A ...... _...... Standard. T 2-eng. or less—Standard.# T over 2-eng.—Standard.# Citv Augusta- State, Ga^ Airport name, Bush Field; Elev., 145'; Facility, EMR; Procedure No. NDB (ADF) Runway 17, Arndt. 4; Eff. date, 16 Jan. 69; Sup. Arndt. No. 3; Dated, 23 Dec. 67 Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.5 miles after passing AG LOM. (feet) AGSVORTAC AG LOM...... Direct. 2000 Climb to 2000' to AGS VORTAC via R EMR NDB...... AG LOM...... Direct. 2000 141° and hold; or, when directed by ATC, Langley Int___ AG LOM...... Direct. 2900 climbing left turn to 2000' direct to AG Blythe Int____ AG LOM...... Direct. 2000 LOM and hold. Mallard In t____ AG LOM...... Direct. 2000 Supplementary charting information: AGS Clarice In t...... AG LOM...... Direct. 2000 VORTAC hold NW. 1 minute, right Shell Bluff In t.. AG LOM (NOPT)...... Direct. 1500 turns, 141° Inbnd. AG LOM hold 8 ., 1 Trenton In t...... AG LOM...... Direct. 2000 minute, left turns, 349° Inbnd. TDZ Granite In t____ AG LOM...... Direct. 2900 elevation, 135'. Procedure turn W side of crs, 169° Outbnd, 349° Inbnd, 1600' within 10 miles of AG LOM. FAF, AG LOM. Final approach crs, 3496. Distance FAF to MAP, 4.5miles. Minimum altitude over AG LOM, 1500'. MSA: 000°-090°—2900'; 090°-180°—2000'; 180°-360°—2900'. #300-1 required on Runways 8/26. _ Day and Night Minimums A B ______O______p ______MD A V is HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT g_36...... 640 H 505 640 % 505 640 % 605 640 1 505 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA c ...... 720 1 575 720 1 676 720 1H 575 720 2 675 A...... Standard. T 2-eng. or less—Standard.# T over 2-eng.—Standard.# City Augusta- State Ga.; Airport name, Bush Field; Elev., 145'; Facility, AG; Procedure No. NDB (ADF) Runway 35, Arndt. 14; Eff. date, 16 Jan. 69; Sup. Arndt. Noj * ADF 1, Arndt. 13; Dated, 6 Nov. 66 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3 , 1969 RULES AND REGULATIONS 49 Standard I nstrument Approach P rocedure—T ype NDB (ADF)—Continued t Terminal routes Missed approach Minimum From— To— Via altitudes MAP: BVX NDB. (feet) ARO VORTAC...... BVX NDB...... ___ Direct___ ...... 2500 Climbing right turn to 2300' direct BVX NDB and hold. Supplementary charting information: Hold E of BVX NDB on bearings 100°-280° / Inbnd, right turns, 1 minute. Procedure turn N side of crs, 100° Outbnd, 280° Inbnd, 2300' within 10 miles of BVX NDB. Final approach crs, 280°. Minimum altitude over BVX NDB, 1140'. MSA: 000°-180°—2000'; 180°-360°—2600'. N ote: Use Walnut Ridge, Ark., altimeter setting. Day and Night Minimums A B C D MDA VIS HAA MDA VIS HAA VIS VIS n 1140 1 677 1140 ’ 1 677 .NA NA A..______Not authorized. T 2-eng. or less—Standard. T over 2-eng.—-Standard. City, Batesville; State, Ark.; Airport name, Batesville Municipal; Elev., 463'; Facility, BVX; Procedure No. NDB (ADF)-l, Arndt. 1; Eff. date, 16 Jan. 69; Sup. Amdt. No. Orig.; Dated, 20 May 67 Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 1.6 miles after passing BYN NDB (feet) I Egertonlnt...... BYN N D B ...... D irect...... 2400 Climb to 2300' on 249° bearing from BYN ■ Antwerp Int...... BYN NDB...... Direct______2300 NDB, turn left and return to BYN I McClure Int___...... BYN NDB...... Direct...... 2300 NDB. ■ Gerald Int...... BYN NDB...... Direct...... 2300 Supplementary charting information: Hold NE of BYN NDB, right turrs, 1 minute, 249° Inbnd. TDZ elevation, 73P. Procedure tum N side of crs, 069° Outbnd, 249° Inbnd, 2300' within 10 miles of BYN NDB. FAF, BYN NDB. Final approach crs, 249°. Distance FAF to MAP, 1.6 miles. Minimum altitude over BYN NDB, 1500'. MSA: 090°-270°—2600'; 270°-090°—2200'. Note: Use Toledo, Ohio, altimeter setting. Day and Night Minimums B O Cond. MDA VIS HAT MDA VIS HAT VISVIS 8-25. 1240 1 609 1240 1 509 NA NA MDA VIS HAA MDA VIS HAÀ O. 1280 1 549 1280 1 549 NA NA A------Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard. City, Bryan; State, Ohio; Airport name, Williams County; Elev., 731'; Facility, BYN; Procedure No. NDB (ADF) Runway 25, Arndt. Orig.; Efl. date, 16 Jan. 69 FEDERAL REGISTER, VOL. 34 , No. 2— FRIDAY, JANUARY 3 , 1969 50 RULES AND REGULATIONS Standard I nstrument Approach P rocedure—Type NDB (ADF)—Continued Terminal routes Missed approach Minimum From— / To— Via altitudes MAP: 5.1 miles after passing GR LOM. ' (feet) FAY VOR 1700 Climb to 2000', right turn direct to FAY Rowland Int ...... GR LOM (NOPT)...... ___ Direct ...... 1700 VO R and hold. Supplementary charting information: Hold SW, 1 minute, right turns, 045° Inbnd. TDZ elevation, 189'. Procedure tum E side of crs, 215° Outbnd, 035° Inbnd, 1700' within 10 miles of OR LOM. FAF, OR LOM. Final approach crs, 035°. Distance FAF to MAP, 5.1 miles. Minimum altitude over OR LOM, 1700'. MSA: 000°-090°—1700'; 090°-180°—1500'; 180°-270°—1700'; 270°-360°—1800'. N ote: Radar vectoring. Day and Night Minimums C o n i ------±__B______? ______D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8-3...... 540 H 361 540 Ji 351 540 % 351 540 1 351 MDA VIS HAA MDA VIS HAA MDA VIS HA A MDA VIS HA A C...... 560 1 371 640 1 451 640 1J* 451 740 2 551 A ------Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard. City, Fayetteville; State, N.C.; Airport name, Fayetteville Municipal; Elev., 189'; Facility, GR; Procedure No. NDB (ADF) Runway 3 Arndt. 2- Efi date 16 Jan 69- Sup. Arndt. No. ADF 1, Arndt. 1; Dated, 19 Nov. 66 ' ’ Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 3.6 miles after passing GR LOM. (feet) Tigerville In t...... GR LOM...... I...... Direct 3200 Climb to 4000' on 002° bearing from LOM Princeton In t------G R LOM...... Direct. 2500 to Tigerville Int and hold. Supplementary charting information: Hold S, 1 minute, right turns, 011° Inbnd. TDZ elevation, 1016'. Procedure tum E side of crs, 182° Outbnd, 002° Inbnd, 2200' within 10 mil«« of G R LOM. FAF, GR LOM. Final approach crs, 0024. Distance FAF to MAP, 3.6 miles. Minimum altitude over ÓR LOM, 2200'. MSA: 000°-090°—5500'; 090°-180°—2100'; 180°-270°—2700'; 270°-360°—6000'. N ote: ASR. ♦Alternate minimum not authorized when control tower not operating. Day and Night Minimums A b c n Cond. ------:______MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8-36...... — ...... 1360 1 344 1360 1 344 1360 1 344 1360 1 344 MDA VIS HAA MDA VIS HAA MDA VIS HA A MDA VIS HA A C------1560 1 513 1560 1 513 1560 513 1600 2 553 ■A...... -...... Standard.* T 2-eng. or le®—Standard. ' T over 2-eng.—Standard. City, Greenville; State, S.C.; Airport name, Greenville Municipal Downtown; Elev., 1047'; Facility, GR; ProcedureNo. NDB (ADF) Runway 36, Amdt.9- Eft date 16 Jan 69- Sup. Arndt. No. 8; Dated, 21 Jan. 67 FEDERAL REGISTER, V O Í. 34, Ño. 2—FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 51 Standard I nstrument Approach P rocedure—T ype NDB (ADP)—Continued Terminal routes Missed approach Minimum From— To— Via altitudes MAP: PTG NDB. (feet) Rose Hill Int. PTG NDB Direct. 5000 Climb to 5000' on 030° crs from PTG Yuma Int—. PTG NDB Direct. 5000 NDB, turn right return to PTG NDB and hold. Supplementary charting information: Hold SW, 1 minute, right turns, 030° Inbnd. Procedure turn E side of crs, 210° Outbnd, 030° Inbnd, 4800' within 10 miles of NDB. Final approach crs, 030°. MSA: 000°-090°—5300'; 090°-180°—4500'; 180°-270°—4600'; 270°-360°—4800'. N ote: Use Tri-City altimeter setting. Caution: Precipitous terrain underlying this procedure. Turbulence of varying intensities may be encountered. %Takeoff: Climb clear of clouds to 2464' in the immediate vicinity of the airport in order to depart the PTG NDB climbing on 210° crs to 4000' within 10 miles. Continue climb in holding pattern SW of PT G NDB, 1 minute, right turns, 030° Inbnd to depart the facility at 6500' or above. Day and Night Minimums A B C D MDA VIS HAA MDA VIS HAA VIS VIS 0 ...... 3360_ 2JÎ 1496 3360 2 ^ 1496 NA NA A______- Not authorized. T 2-eng. or less—600-2.% T over 2-eng.—600-2.% City, Pennington Gap; State, Va.; Airport name, Lee County; Elev., 1864'; Facility, PTG; Procedure No. NDB (ADF)-l, Arndt. Orig.; Eft. date, 16 Jan. 69 Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 1.7 miles after passing PIC NDB. (feet) Rlverhead VOR. Peconic NDB. Direct. 1500 Climbing right turn to 1300' direct to PIC NDB and hold. Supplementary charting information: Hold W, 1 minute, right turns, 077? Inbnd. Radio tower 1.2 miles S of airport 258'. Procedure turn not authorized. One minute holding pattern W of PIC NDB, 077° Inbnd, right turns, 1300'; FAF, PIC NDB. Final approach crs, 077°. Distance FAF to MAP, 1.7 miles. Minimum altitude over PIC NDB, 1300'. MSA: 000°-090°—1600'; 090°-180°—1300'; 180°-360°—1700'. Note: Use Long Island-MacArthur altimeter setting. Day and Night Minimums A B C D MDA VIS HAA MDA VIS HAA VIS VIS C...... _ 620 1 539 620 1 539 NA NA A______Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard. City, Shirley; State, N.Y.; Airport name, Brookhaven; Elev., 81'; Facility, PIC; Procedure No. NDB (ADF) Runway 6, Arndt. Orig.; Eff. date, 16 Jan. 69 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 52 RULES AND REGULATIONS 14. By amending § 97.29 of Subpart C to establish instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes • Missed approach Minimum MAP: ILS DH, 335'; LOC 4.5 miles after From— To— Via altitudes passing AG LOM. (feet) R 279° AGS VORTAC (CCW)...... ___ AGS LOC— ...... 24-mile Arc AGS, R 164° lead 3000 Climb to 2000' to AGS VORTAC via radial. R 141° and hold; or, when directed by 24-mile DME Arc...... -...... AG LOM (NOPT)...... LOC Crs— ...... 1500 ATC, climbing left turn to 2000' direct AGS VORTAC...... AG LOM ...... Direct______2000 to AG LOM and hold. AG LOM...... Direct . . ______2000 Supplementary charting information: AGS AG LOM...... — ...... Direct ... ______2900 VORTAC hold NW, 1 minute, right _____ AG LOM______...... Direct______2000 turns, 141° Inbnd. AG LOM hold S, . AG LOM______Direct______2000 1 minute, left turns, 349° Inbnd. TDZ ...... - AG LOM______Direct______2000 elevation, 135'...... AG LOM (NOPT)...... _____Direct______1500 . AG LOM...... __ ._ Direct______2000 ...... AG LOM...... 2900 Procedure tum W side of crs, 169° Outbnd, 349° Inbnd, 1600' within 10 miles of AG LOM. PAP AG LOM. Final approach crs, 349°. Distance FAF to MAP, 4.5 miles. Minimum glide slope interception altitude, 1500\ Glide slope altitude at OM, 1470'; at MM, 332'. Distance to runway threshold at OM, 4.5 miles; at MM, 0.6 mile. MSA: 000°-090°—2900'; 090°-180°-2000'; 180°-360°-2900'. N ote: LOC back crs unusable. #300-1 required on Runways 8/26. D ay and Night Minimums A B C D Cond. DH VIS HAT DH VIS HATDH VIS HAT DH VISHAT 200 335 200 8-35...... 335 toi 200 335 to 200 335 to to MDA VIS HATMDA VISHAT LOC: MDA VIS HAT MDA VIS HAT 680 445 580 445 S-35...... —------580 to 445 580 to 445 to H MDA VIS HAA MDA VIS HAA,MDA VIS HAA MDA VIS HAA 575 720 575 720 2 675 C...... 720 l 675 720 1 Ito T over 2-eng. —Standard.# A...... -...... __ Standard. T 2-eng. or less —Standard.# a ucrnsta* State Ga * Airport name, Bush Field; Elev., 145'; Facility, I-AGS; Procedure No. ILS Runway 35, Arndt. 13; Eff. date, 16 Jan. 69; Sup. Arndt. No. Uity, Augusia, oiaie, u » , , IDS-35, Arndt. 12; Dated, 25 Dec. 65 Terminal routes Missed approach Minimum MAP: ILS DH, 389'; LOC 5.1 miles after To— Via altitudes passing GR LOM. From— (feet) 1700 Climb to 2000', right turn direct to FAY FAY V O R - GR LOM...... Direct. GR LOM (NOPT)...... Direct. 1700 VOR and hold. Rowland Int. Supplementary charting information: Hold SW, 1 minute, right turns, 045° Inbnd. TDZ elevation, 189'. Procedure turn E side of crs, 215° Outbnd, 035° Inbnd, 1700' within 10 miles of GR LOM. FAF. GR LOM. Finalapproach crs, 035°. Distance FAF to MAP, 5.1 miles. Minimum glide slope interception altitude, 1700'. Glide slope altitude at OM, 1678'; at MM, 395. Distance to runway threshold at OM, 5.1 miles; at MM, 0.6 mile. ^ NoTEs?^(l)^Radar vectoring. (2) LOC front crs unusable beyond 60° each side of centerline. (3) Back crs unusable beyond 35° each side of centerline. Day and Night Minimums A B ______C______D______ 5 Ü VIS tt at DH VIS HAT DH VIS HAT DH VIS HAT g_3 ...... 389 H 200 389 to 200 389 H 200 389 H 200 LOC; MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT g_3 ...... 480 Vt 291 480 H 291 480 Vt 291 480 % 291 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA c ...... 660 1 371 640 1 451 640 Ito 451 740 2 661 A...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard. Citv Fayetteville; State, N.O.; Airport name, Fayetteville Municipal; Elev., 189'; Facility, I-GRA; Procedure No. ILS Runway 3, Arndt. 3; Eff. date, 16 Jan. 69; Sup. Arndt: ** . No. 2; Dated, 18 Mar. 67 FEDERAL REGISTER, V O I. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 53 Standard I nstrument Approach P rocedure—T ype ILS—Continued Terminal routes Missed approach Minimum MAP: ILS DH, 1316'; LOO 3.6 miles after From— To— Via altitudes passing GR LOM. (feet) Tigerville In t__ ...... GR LOM...... Direct...... 3200 Climb to 4000' on 002° bearing from LOM Princeton I n t...... GR LOM...... 2500 to Tigerville Int and hold. Supplementary charting information: Hold S, 1 minute, right turns, 011° Inbnd. TDZ elevation, 1016'. Procedure turn E side of ers, 182° Outbnd, 002° Inbnd, 2200' within 10 miles of OR LOM. FAF, GR LOM. Final approach ers, 002°. Distance FAF to MAP, 3.6 miles. Minimum glide slope interception altitude, 2200'. Glide slope altitude at OM, 2174'; at MM, 1220'. Distance to runway threshold at OM, 3.6 miles; at MM, 0.6 mile. MSA: 000°-090°—5500'; 090°-180°—2100'; 180°-270°—2700'; 270°-360°—6000'. Notes: (1) ASR. (2) Localizer back ers unusable. Front ers unusable beyond 60° either side of centerlihe. (3) Glide slope unusable below 1316' MSL. •Alternate minimum not authorized when control tower not operating. Day and Night Minimums A B O D Cond. DH VISHAT DH VISHAT DHVISHAT DH VISHAT S-36...... 1316 H 300 1316 H 300 1316 M 300 1316 K 300 LOO; MDAVISHAT MDAVISHAT MDAVISHAT MDA VISHAT S-36...... ¿...... 1316 H 300 1316 % 300 1316 H 300 1316 *A 300 MDA VISHAA MDA VISHAA MDA VISHAAMDA VISHAA 0 ...... 1560 1 513 1560 1 513 1560 m 513 1600 2 553 A...... Standard.* T 2-eng. or less—Standard. T over 2-eng.-—Standard. City, Greenville; State, S.C.; Airport name, Greenville Municipal Downtown; Elev., 1047'; Facility, I-GRL; Procedure No. ILS Runway 36, Arndt. 13; Eff. date, 16 Jan. 69; Sup. Arndt. No. ILS-36, Arndt. 12; Dated, 21 Jan. 67 15. By amending § 97.29 of Subpart C to amend instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation'. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, udims an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum MAP: ILS DH, 1284'; LOC 5.2 miles after From— T o - Via altitudes passing AT LOM. (feet) ATL NDB...... 2700 Climb to 3000', left turn direct to Tucker ATL VORTAC...... Lakeside LOM...... 2700 Int via ATL VORTAC R 033° and hold. Harrison Int___ Supplementary charting information: Back Chattahoochee Int______Lakeside LOM (NOPT)__ ers unusable. Hold NE, left turns, 213° Inbnd. TDZ elevation, 1024'. Procedure turn S side of ers, 269° Outbnd, 089° Inbnd, 2700' within 10 miles of Lakeside LOM. FAF, Lakeside LOM. Final approach ers, 089°. Distance FAF to MAP, 5.2 miles. Minimum glide slope interception altitude, 2700'. Glide slope altitude at OM, 2660'; at MM, 1236'. Distance to runway threshold at OM, 5.2 miles; at MM,- 0.5 mile. MSA: 000°-090°—3100'; 090°-180°—2300'; 180°-270°—2700'; 270°-360°—2900'. Note: ASR. %RVR 24 authorized Runways 9L, 33. %RVR 18 authorized Runway 9R for Categories A, B, and C. %RVR 20 authorized Runway 9R for Category D. Day and Night Minimums „ , A B C D Cond. ------DHVIS HAT DH VIS HAT DHVIS HAT DHVIS HAT S-9L__. RVR 40 260 1284 RVR 40 260 1284 RVR 40 260 1284 RVR 40 260 LOC: MDA VIS HAT MDA VIS HAT MDAVIS HAT MDAVIS HAT S-9L__ RVR 40 376 1400 RVR 40 376 1400 RVR 40 376 1400 RVR 50 376 MDAVIS HAA MDA VIS HAA MDA VIS HAAMDAVIS HAA c... 1 476 1500 1 476 1500 VA 476 1580 2 556 A...... Standard. T 2-eng. or less—Standard.% T over 2-eng.—Standard. % City, Atlanta; State, Ga.; Airport name, Atlanta; Elev., 1024'; Facility, I-ATL; Procedure No. ILS 9L, Arndt. 32; Eff. date, 16 Jan. 69; Sup. Arndt. No. 31; Dated, 22 Aug. 68 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 54 RULES AND REGULATIONS Standard I nstrument Approach P rocedure—T ype LDA/DM E Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and BA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 1 DME. (feet) ■25-mile DME (BKA R 339*) (CCW) 14-mile DME on SIT LDA/DME W 14-mile Arc SIT LDA/DME.. 3400 Turn right, intercept the N crs SIT LFR 4000 climbing to 4000', proceed to SIT LFR. BKA VORTAC...... SIT LDA/DME W crs...... BKA R 339°...... 4000 Supplementary charting information: Final SIT L FR ...... SIT LDA/DME W crs...... SIT LFR 337° bearing______3400 approach crs 350' right of runway center- 27-mile DME BKA R 294°...... 14-mile DME on SIT LDA/DME W 042 direct crs to 19-mile DME 2000 line. $Chart in Plan View. High terrain crs. on the SIT LDA/DME and all quadrants. SIT LDA/DME W crs. 14-mile DME on SIT LDA/DME W crs. 8-mile DME on SIT LDA/DME W SIT LDA/DME W crs...... crs (NOPT). Procedure turn S side of crs, 287° Outbnd, 107° Inbnd, 3400' within 10 miles of SIT LDA 4-mile DME Fix. Final approach crs, 107°. Minimum altitude over 8-mile DME Fix, 2000'; over 4-mile- DME Fix, 1300'; over 2-mile DME Fix, 500'. N otes: (1) Inoperative table does not apply to HIRLS Runway 11. (2) Procedure not authorized without DME. $Final approach from holding pattern not authorized. Procedure turn required. *A11 circling to be conducted S of airport; high terrain 1.2 miles N of airport. #After takeoff Runway II, turn right immediately. Day and Night Minimums A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S -ll...... 400 1 381 400 1 381 400 1 381 400 1 381 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C*...... 500 1 481 560 1 641 560 IH 641 660 2 641 X...... Standard. T 2-eng. or less— Runway 11,400-2; Runway 29 Standard.# T over 2-eng,—Runway 11, 400-2; Runway 29 Standard.# City, Sitka; State, Alaska; Airport name, Sitka; Elev., 19'; Facility, SIT; Procedure No. LDA/DME Runway 11, Arndt. 1; Eft. date, 16 Jan. 69; Sup. Arndt. No. Orig.; Dated, 17 Oct. 68 16. By am ending § 97.31 of Subpart C to establish precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Standard I nstrument Approach P rocedure—T ype Radar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach Is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author ized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the author ized landing minimums, or (B) at Pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished. Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude 1. Descend aircraft after passing FAF. 2. Runway 36 FAF—5 miles from threshold. TDZ elevation, 1016'. 3. Runway 18 FAF—5 miles from threshold. TDZ elevation, 1047'. Supplementary charting information: MTI required for surveillance approaches. Tigerville Int: Hold S, 1 minute, right turns, 011° Inbnd. GR LOM: Hold 8,1 minute, right turns, 002° Inbnd, As established by Greenville, S.C., ASR minimum altitude vectoring charts. •Alternate minimum not authorized when control tower not operating. Missed approach: Runway 18—Climb to 3200' on crs of 182° to GR LOM and hold. Runway 36—Climb to 4000' on 002° bearing from GR LOM to Tigerville Int and hold. Day and Night Minimums A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8-36...... 1380 H 364 1380 H 364 1380 H 364 1380 1 364 8-18...... 1520 1 473 1620 1 473 1520 1 473 1620 1 473 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1660 1 513 1560 1 513 1560 1>$ 613 1600 2 653 X ______Standard.* T 2-eng. or less—Standard. T over 2-eng.—Standard. City, Greenville; State, S.C.; Airport name, Greenville Municipal Downtown; Elev., 1047'; Facility, GRL Radar; Procedure No. Radar-1, Arndt. 4; Eft. date, 16 Jan. 69; Sup; Arndt. No. Radar, #1, Arndt. 3; Dated, 1 May 65 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 55 17. By amending § 97.31 of Subpart C to amend precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Standard I nstrum ent Approach P rocedure—T ype R adar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude (s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From initial contact with radar to final author ized landing minimums, the Instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the author ized landing minimums, or (B) at Pilot's discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished. Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) ______— ------—• Notes From— To— Dis- Alti- Dis- Alti- Dis- Alti- Dis- Alti- Dis- Alti- tance tude tance tude tance tude tance tude tance . tude fi^o apno m mil«» 17m ______:...... ___...... 1. Descend aircraft to MDA after 4-mile Radar Fix ...... - ...... from approach end of Runway 16. 2. Caution: 628' tower on final approach to Runway 16. 3. Radar antenna site at NAS Albany. As established by NAS Albany ASR minimum altitude vectoring chart. Missed approach: Climb to 2000' on a 157° heading within 10 miles. Day and Night Minimums A B O D Cond. MDA VIS ITA A MDA VIS HAA MDA VIS HAA MDA VIS HAA 0 ...... 880 1 684 880 1 684 880 1H 684 920 2 724 A...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard. City Albany State Ga.; Airport name, Albany Municipal; Elev., 196'; Facility, NAS Albany Radar; Procedure No. Radar-1, Arndt. 1; Eff. date, 16 Jan. 69; Sup. Arndt. No. Orig.; Dated, 17 Feb. 68 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601 Federal Aviation Act of 1958; 49 Ü.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on December 11, 1968. Edward C. H odson, Acting Director, Flight Standards Service. y [F.R. Doc. 69-1; Filed, Jan. 2 1969; 8:45 a.m.] § 722.557 Result of the national mar Signed at Washington, D.C., on Decem Title 7— AGRICULTURE keting quota referendum for the ber 27, 1968. 1969 crop of extra long staple cotton. Lionel C. H olm, Chapter VII— Agricultural Stabiliza (a) Referendum period. The national Acting Administrator, Agricul tion and Conservation Service (Agri marketing quota referendum for the tural Stabilization and Con cultural Adjustment), Department of 1969 crop of extra long staple cotton was servation Service. Agriculture held by mail ballot during the period [F.R. Doc. 68-15606; Filed, Dec. 30, 1968; December 2 to 6, 1968, each inclusive, in 12:33 p.m.] SUBCHAPTER B— FARM MARKETING QUOTAS accordance with § 722.554 (33 F.R. 15586) AND ACREAGE ALLOTMENTS and Part 717 of this chapter. PART 722— COTTON (to) Farmers voting. A total of 2,416 PART 722— COTTON farmers engaged in the production of the Subpart— 1969 Crop of Extra Long Subpart— 1969 Crop of Upland Cot Staple Cotton; Acreage Allotments 1968 crop of extra long staple cotton voted in the referendum. Of those voting, ton; Acreage Allotments and Mar and Marketing Quotas 2,183 farmers, or 90.4 percent, favored the keting Quotas National Marketing Quota R eferendum 1969 national marketing quota and 233 N ational Marketing Quota R eferendum R esult farmers, or 9.6 percent, opposed the 1969 R esult Section 722.557 is issued pursuant to national marketing quota. Section 722.473 is issued pursuant to the Agricultural Adjustment Act of 1938, (c) 1969 national marketing quotathe Agricultural Adjustment Act of 1938, as amended (52 Stat. 31, as amended; 7 continues in effect. The national market as amended (52 Stat. 31, as amended; 7 U.S.C. 1281 et seq.). This section an U.S.C. 1281 et seq.). This section an nounces the result of the national mar ing quota for the 1969 crop of extra long nounces the result of the national mar keting quota referendum with respect staple cotton of 82,481 bales proclaimed keting quota referendum with respect to to the 1969 crop of extra long staple in § 722.551 (33 F.R. 15406) shall con the 1969 crop of upland cotton held dur cotton held during the period Decem tinue in effect since two-thirds or more ing the period December 2 to 6, 1968, ber 2 to 6, 1968, each inclusive. of the extra long staple cotton farmers each inclusive. Since the only purpose of § 722.557 is Since the only purpose of § 722.473 is to announce the referendum result, it is voting in the referendum favored the quota. to announce the referendum result, it is hereby found and determined that com hereby found and determined that com pliance with the notice, public procedure (Sec. 343, 63 Stat. 670, as amended; 7 U.S.C. pliance with the notice, public procedure and 30-day effective date requirements 1343) and 30-day effective date requirements pf 5 U.S.C. 553 is unnecessary. Accord Effective date. Date of filing this docu of 5 U.S.C. 553 is unnecessary. Accord ingly, § 722.557 shall be effective upon ingly, § 722.473 shall be effective upon filing this document with the Director, ment with the Director, Office of the filing this document with the Director, Office of the Federal Register. Federal Register. Office of the Federal Register. FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 No. 2- 4 of the direct-consumption portion of the gj § 722.473 Result of the national mar section 358(b) of the Agricultural Ad Chapter VIII— Agricultural Stabiliza justment Act of 1938, as amended, to de tion and Conservation Service mainland quota for Puerto Rico for the keting quota referendum for the calendar year 1968. 1969 crop o f upland cotton. termine whether farmers favor or oppose (Sugar), Department of Agriculture marketing quotas for peanuts produced This amendment of Sugar Regulation (a) Referendum period. The national in the calendar years 1969, 1970, and SUBCHAPTER B— SUGAR REQUIREMENTS AND 815.9 is necessary to determine deficits marketing quota referendum for the 1969 1971. Since the only purpose of this proc QUOTAS in the allotments of two allottees and (1) crop of upland cotton was held by mail lamation is to announce the results of [Sugar Reg. 815.9, Arndt. 5] to allocate such deficits in allotments to ballot during the period December 2, to the referendum, it is found and deter two other allottees to the extent they are 6,1968, each inclusive, in accordance with mined that compliance with the notice, PART 815— ALLOTMENT OF THE DI able to utilize such additional allotments § 722,466 (33 F.R. 15585) and Part 717 of public procedure and 30-day effective RECT-CONSUMPTION PORTION OF and (2) establish the remaining portion this chapter. date requirements of 5 U.S.C. 553 is un of any unallocated deficits as a residual (b) Farmers voting. A total of 288,515 MAINLAND SUGAR QUOTA FOR necessary. Accordingly, § 729.105 shall be PUERTO RICO balance available to all persons. farmers engaged in the production of the effective upon filing this document with The data in the following table show 1968 crop of upland cotton voted in the the Director, Office of the Federal Calendar Year 1968 in Column (1) the allotments in effect referendum. Of those voting, 276,493 prior to the determination and allocation farmers, or 95.8 percent, favored the Register. Basis and purpose. This amendment is 1969 national marketing quota and § 729.105 Proclamation of the results of issued under section 205(a) of the Sugar of the deficits made herein, in Column 12,022 farmers, or 4.2 percent, opposed the marketing quota referendum for Act of 1948, as amended (hereinafter (2) the latest information available to the 1969 national marketing quota. the peanut crops produced in the 3 called the “Act”), for the purpose of the Department as to each allottee’s 1968 (c) 1969 national marketing quota calendar years 1969,1970, and 1971. amending Sugar Regulation 815.9 (32 ability to market sugar and in column (3) the quantity of the deficit determined continues in effect. The national market In a referendum of farmers engaged F.R. 21025; 33 F.R. 6706, 10935, 15948, ing quota for the 1969 crop of upland in the production of 1968 crop peanuts, and 18694), which established allotments and allocated. cotton of 15,133,333 bales proclaimed in held during the period December 2-6, ,§ 722.462 (33 F.R. 15405) shall continue RULES REGULATIONS AND 1968, 50,358 farmers voted. Of those 1968 allotments Maximum Deficits (—) in effect since two-thirds or more of the voting, 48,808 farmers, or 96.9 percent, prior to 1968 marketing and prorations upland cotton farmers voting in the ref favored marketing quotas for peanuts Allottees determination ability of deficits (+) erendum favored the quota. produced in the 3 calendar years 1969, of the deficit (Sec. 343, 63 Stat. 670, as amended; 7 U.S.C. 1970, and 1971 and 1,550 farmers, or 3.1 (1) (2) (3) 1343) percent, opposed quotas for peanuts pro Effective date. Date of filing this docu duced in each of such 3 calendar years. (Short 1tons, raw value) ment with the Director, Office of the Fed Since more than two-thirds of the farm Central Aguirre Sugar Co., a trust------6,790 6,636 -255 ers voting favored quotas, the national Central Roig Refining Co...... »...... 21,026 21,042 +16 eral Register. Central San Francisco...... - ...... 1,177 1,177 0 marketing quota of 1,549,625 tons pro Puerto Rican American Sugar Refinery Inc...... — 110,490 110,761 +261 Signed at Washington, D.C. on De claimed by the Secretary of Agriculture Western Sugar Refining Co...... 26,487 25,034 -453 Liquid sugar reserve for persons other than named above. 30 .... 0 cember 27,1968. for peanuts produced in the calendar 0 .... +431 year 1969 (33 F.R. 15985) shall be in Residual balance available to all persons...... r—------— Lionel C. H olm, 166,000 164,639 0 Acting Administrator of Agri effect. National marketing quotas pro Total------r------TT-r — cultural Stabilization and claimed hereafter for peanuts for the Conservation Service. calendar years 1970 and 1971 shall be effective. Findings heretofore made and the or tion 205(a) of the Act, and in accord [F.R. Doc. 68-15607; Filed, Dec. 30, 1968; der issued by the Secretary in the course ance with paragraph (c) of § 815.9 of 12:33 a.m.] (Secs. 358, 375, 52 Stat. 66, as amended; 55 Stat. 88, as amended; 7 U.S.C. 1358,1375) of this proceeding (32 F.R. 21025) pro this chapter, it is hereby ordered that vide that this order shall be revised paragraph (a) of § 815.9 be amended to Effective date. Date of filing this without further notice or hearing by the read as follows; PART 729— PEANUTS document with the Director, Office of the Administrator, Agricultural Stabilization Federal Register. and Conservation Service for the purpose § 815.9 Allotment of the direct-con Subpart—'1969 Crop of Peanuts; Acre sumption portion of mainland sugar Signed at Washington, D.C., on De indicated above and such findings set age Allotments and Marketing forth the procedure for the revision of quota for Puerto Rico for the calen Quotas cember 27,1968. allotments. dar year 1968. Lionel C. H olm, (a) Allotments. The direct-consump R esult op N ational Marketing Quota Accordingly, allotments are herein es Acting Administrator, Agricul tion portion of the 1968 mainland sugar R eferendum tural Stabilization and Con tablished on the basis of and consistent servation Service. with such findings. quota for Puerto Rico, amounting to Section 729.105 announces the results Order. Pursuant to the authority vested 165,000 short tons, raw value, is hereby of the referendum held during the pe [F.R. Doc. 68-15608; Filed, Dec. 30, 1968; riod December 2-6, 1968, pursuant to 12:33 p.m.] t in the Secretary of Agriculture by sec- allotted as follows: FEDERAL REGISTER, VOL. 34. No. a ---- FRIDAY, JANUARY 3, 1969™ ■ ■ ■ ■ ■ RULES AND REGULATIONS 57 Direct- mation, it is hereby found that the limi consumption tation of handling of such Navel oranges, allotment Title 12— BANKS AND BANKING (Short tons, as hereinafter provided, will tend to ef Chapter II— Federal Reserve System Allottee raw valve) fectuate the declared policy of the act. SUBCHAPTER A— BOARD OF GOVERNORS OF ■Central Aguirre Sugar Co., a trust_ 6, 535 (2) It is hereby further found that it ■Antral Roig Refining Co------21,042 is impracticable and contrary to the THE FEDERAL RESERVE SYSTEM ■ C entral San Francisco______1,177 public interest to give preliminary no PART 218— RELATIONS WITH DEAL Puerto Rican American Sugar Re- tice, engage in public rule-making pro I finery, Inc_____ ■=______110,751 cedure, and postpone the effective date ERS IN SECURITIES UNDER SECTION ■Western Sugar Refining Co______25, 034 of this section until 30 days after publi 32, BANKING ACT OF 1933 ■Liquid sugar reserve for persons cation hereof in the F ederal R egister Applicability to Bank Holding I other than named above______30 (5 U.S.C. 553) because the time interven ■Residual balance available to all per- Companies I sons ______431 ing between the date when information upon which this section is based became § 218.114 Interlocking service between Total ______165,000 available and the time when this section securities companies and bank hold must become effective in order to ef ing companies. ■(Sec. 403, 61 Stat. 932; 7 U.S.C. 1153, secs. ■205, 207, 209; 61 Stat. 926, 927, 928; 7 U.S.C. fectuate the declared policy of the act (a) The Board has recently con ■1115,1117,1119) is insufficient, and a reasonable time is sidered whether section 32 of the Bank permitted, under the circumstances, for ing Act of 1933 (12 U.S.C. 78) and this [ Effective date. The allotments estab preparation for such effective time; and part (Regulation R) prohibit a person lish ed by this amendment for two of the good cause exists for making the provi primarily engaged in securities activi ■allottees is larger than the allotments sions hereof effective as hereinafter set ties described in section 32, or associated ■previously established in S.R. 815.9 (33 forth. The committee held an open with an organization so engaged, from ■F.R. 18694). To afford the allottees the meeting during the current week, after serving as an officer, director, or em ■opportunity to market the additional giving due notice thereof, to consider ployee of a holding company proposed ■quantity of sugar in 1968, it is imperative supply and market conditions for Navel to be organizd by a member bank to own ■that this order be effective as soon as oranges and the need for regulation; in all the stock of such bank. ■possible. Accordingly, it is hereby deter- terested persons were afforded an oppor (b) Section 32 provides in relevant Imined and found that compliance with tunity to submit information and views part that: “No officer, director, or em ■the 30-day effective date requirement in at this meeting; the recommendation ployee of any corporation or unincor ■5 U.S.C. 553 (80 Stat. 378) is impractica- and supporting information for regula porated association, no partner or em Ible and contrary to the public interest tion during the period specified herein ployee of any partnership, and no in land, consequently, the amendment made were promptly submitted to the Depart dividual, primarily engaged in the issue, ■herein shall become effective when filed ment after such meeting was held; the flotation, underwriting, public sale, or ■for public inspection in the Office of the provisions of this section, including its distribution, at wholesale or retail, or I Federal Register. effective time, are identical with the through syndicate participation, of Signed at Washington, D.C. on Decem- aforesaid recommendation of the com stocks, bonds, or other similar securities, Iber 27, 1968. mittee, and information concerning shall serve [at] the same time as an of such provisions and effective time has ficer, director, or employee of any mem Lionel C. Holm, been disseminated among handlers of ber bank * * *.” Acting Administrator, Agricul such Navel oranges; it is necessary, in tural Stabilization and Con (c) As the U.S. Supreme Court ob order to effectuate the declared policy served in Board of Governors v. Agnew, servation Service. of the act, to make this section effective 329 U.S. 441 (1946), “Section 32 is di I [F.R. Doc. 68-15605; Filed, Dec. 30, 1968; during the period herein specified; and rected to the probability or likelihood, 11:39 a.m.] compliance with this section will not re based on the experience of the 1920’s, quire any special preparation on the that a bank director interested in the part of persons subject hereto which underwriting business may use his in ■ Chapter IX— Consumer and Market cannot be completed on or before the fluence in the bank to involve it or its ing Service (Marketing Agreements effective date hereof. Such committee customers in securities which his under and Orders; Fruits, Vegetables, meeting was held on December 30,1968. writing house has in its portfolio or has Nuts), Department of Agriculture (b) Order. (1) The respective quancommitted itself to take. * * * It [sec tities of Navel oranges grown in Arizona tion 32] is a preventive or prophylactic [Navel Orange Reg. 163] and designated part of California which measure.” I PART 907— NAVEL ORANGES may be handled during the period Jan (d) In an earlier interpretation, the GROWN IN ARIZONA AND DESIG uary 3, 1969, through January 9, 1969, Board had concluded that section 32 did are hereby fixed as follows: NATED PART OF CALIFORNIA not prohibit a partner of a securities firm (1) District 1: 656,000 cartons; from serving as a director of a long- Limitation of Handling (ii) District 2: 80,000 cartons; established holding company, with seven (iii) District 3; 64,000 cartons. nonbank subsidiaries, that recently had I § 907.463 Navel Orange Regulation 163. acquired the controlling stock of a mem (a) Findings. (1) Pursuant to the (2) As used in this section, "handled,” ber bank. In distinguishing that situation marketing agreement, as amended, and “District 1,” “District 2,” “District 3,” from the present matter, the Board ob Order No. 907, as amended (7 CFR Part and “carton” have the same meaning as served that the predominant—in fact, 907, 33 F.R. 15471), regulating the when used in said amended marketing almost the sole—function of the proposed handling of Navel oranges grown in Ari agreement and order. bank holding company would be to hold zona and designated part of California, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. the stock of the bank. It therefore ap effective under the applicable provisions 601-674) peared to the Board that the affairs of of the Agricultural Marketing Agree Dated: December 31, 1968. the member bank and the holding com ment Act of 1937, as amended (7 U.S.C. pany would be so closely identified and 601-674), and upon the basis of the F loyd F. Hedlund, functionally related that the same possi recommendations and information sub Director, Fruit and Vegetable bilities of abuse which section 32 was mitted by the Navel Orange Adminis Division, Consumer and Mar designed to guard against would be pres trative Committee, established under the keting Service. ent in the case of a director of the hold said amended marketing agreement and [F.R. Doc. 68-15611; Filed, Dec. 31, 1968; ing company as in the case of a director order, and upon other available infor 11:22 a.m.] of the member bank. To give cognizance FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 58 RULES AND REGULATIONS to the separate corporate entities in such (80 Stat. 379, R.S. 251, secs. 551, 624, 46 Stat. Sec. a situation, would, in the Board’s opinion, 742, as amended, 759; 5 U.S.C. 301, 19 U.S.C. 404.1061 Ministers and members of religious 66,1551, 1624) orders (computation of net earn partially frustrate Congressional purpose ings). in enacting the statute. This amendment deletes certain re 404.1062 Treatment of certain remunera (e) The Board concluded that wherequirements which are no longer needed tion erroneously reported as net the principal activity of a holding com for customs purposes. Notice and public earnings from self-employment. pany is the ownership and control of procedure under 5 U.S.C. 553 are, there 404.1063 Possession of the United States. banks, including one or more member fore, considered unnecessary, and since 404.1064 Income from agricultural activity. banks, the holding company and each the amendment will relieve restrictions, 404.1065 Options available to farmers in computing net earnings from member bank subsidiary should be con it shall become effective upon publication farm self-employment. sidered as constituting together a single in the F ederal R egister. 404.1068 Self-employment income. entity for section 32 purposes, so that [seal] Lester D. J ohnson, 404.1070 Trade or business. a person who is primarily engaged in sec Commissioner of Customs. 404.1080 Election of self-employment cov tion 32 business or associated with an erage; waiver certificate. organization so engaged is prohibited by Approved: December 26,1968. 404.1081 Time limitation for filing waiver that law from serving as an officer, di certificate. Matthew J . Marks, 404.1082 Effective date of waiver certificate. rector, or employee of such a holding Acting Assistant Secretary 404.1083 Optional provision for certain cer company. of the Treasury. tificates filed after September 13, (12 U.S.C. 248(1). Interprets or applies 12 [F.R. Doc. 69-49; Filed, Jan. 2, 1969; 1960, and on or before April 16, U.S.C. 78) 1962. 8:45 a.m.] 404.1084 Optional provisions for certain cer Dated at Washington, D.C., the 20th tificates filed after July 30, 1965, day of December 1968. and on or before April 17, 1967. 404.1085 Certificates filed by fiduciaries or By order of the Board of Governors. Title 20— EMPLOYEES’ survivors on or before April 15, [seal] R obert P. F orrestal, 1962. Assistant Secretary. 404.1090 Effective dates of revenue laws; BENEFITS applicability of Internal Revenue [F.R. Doc. 69-29; Filed, Jan. 2, 1969; Code of 1939. 8:45 a.m.] Chapter III— Social Security Adminis Authority : Secs. 404.1050 to 404.1090 are tration, Department of Health, Ed issued under secs, 205, 211, and 1102, 53 Stat. ucation, and Welfare 1368, as amended, 64 Stat. 502, amended, 49 Stat. 647, as amended; sec. 5 of Reorgani Title 19— CUSTOMS DUTIES [Regs. No. 4, further amended] zation Plan No. 1 of 1953, 67 Stat. 18; 42 Chapter I— Bureau of Customs, PART 404—-FEDERAL OLD-AGE, SUR U.S.C. 405, 411, and 1302. Department of the Treasury VIVORS, AND DISABILITY INSUR § 404.1050 Definition of net earnings ANCE (1950______) from self-employment. [TJD. 69-14] Subpart K— Employment— Wages— (a) Subject to the special rules set PART 18— TRANSPORTATION IN forth in §§ 404.1052 to 404.1065 inclusive, BOND AND ~ MERCHANDISE IN Self-Employment— Self-Employ and to the exclusions set forth in § 404.- ment Income TRANSIT 1070, the term “net earnings from self- Self-E mployment—S elf-E mployment employment” means: Carriers; Application To Bond Income (1) The gross income, as computed Section 18.1(d), Customs Regulations, under subtitle A of the Internal Revenue In order to reflect, in orderly, inte Code of 1954, derived by an individual prescribes certain data required of motor grated arrangement, amendments to the carriers desiring to be designated as car from any trade or business carried on by Social Security Act, relating to self-em such individual, less the deductions al riers of customs bonded merchandise ployment, that have been enacted since under the provisions of section 551, Tariff lowed by such subtitle which are at the promulgation of existing regulations tributable to such trade or business, plus Act of 1930, as amended (19U.S.C. 1551). in that area, Subpart K of Regulations A study conducted by the Bureau of Cus No. 4 (20 CFR 404.1001 et seq.) is (2) His distributive share (whether or toms discloses that the data required not distributed), as determined under amended as follows: section 704 of the Internal Revenue by subparagraphs 1, 2, and 3 of para Sections 404.1050 through 404.1057 are graph (d) no longer serve a useful Code of 1954, of the income (or loss), amended by substituting therefor the described in section 702(a)(9) of such purpose. following §§ 404.1050 through 404.1090: Accordingly, in order to delete the re code and as computed under section 703 quirement for the information no longer Se l f-E m plo y m en t of sucfc code, from any trade or business needed, § 18.1(d) of the Customs Regu Sec. carried on by any partnership of which 404.1050 Definition of net earnings from he is a member. lations is hereby amended to read as self-employment. follows: (b) With respect to taxable years to 404.1051 General rule for computation of which the provisions of the Internal §18.1 Carriers ; application to bond. net earnings from self-employ ment. Revenue Code of 1954 apply, gross in ***** 404.1052 Special rules for computing net come derived by an individual from a (d) In the case of motor carrier earnings from self-employment. trade or business includes payments re bonds submitted for consideration, the 404.1053 Rentals from real estate; material ceived by him from a partnership of following shall be filed in addition to participation. which he is a member for services the requirements mentioned above: 404.1054 Dividends and interest. rendered to the partnership or for the 404.1055 Gain or loss from disposition of use of capital by the partnership, to the (1) A detailed description of the ter property; capital assets; timber, minal facilities employed by the principal coal, and iron ore; involuntary extent the payments are determined at the points or origin and destination conversion. without regard to the income of the on the routes it covers. 404.1056 Net operating loss deduction. partnership. However, such payments (2) A statement showing that facili received from a partnership not engaged 404.105T Community income. in a trade or business within the mean ties are available for the segregation and 404.1058 Computation of partner’s net safeguarding of the packages designated earnings from self -employment ing of section 211(c) of the Act and by the district director for examination for taxable year which ends as a § 404.1070 do not constitute gross in from a particular shipment until such result of his death. come derived by an individual from a packages are called for by the public 404.1059 Residents and nonresidents of trade or business. See section 707(c) of store cartman and removed to the public Pùerto Rico; treatment of in the Internal Revenue Code of 1954, and stores for examination. come. the regulations thereunder, relating to ***** 404.1060 Personal exemption deduction. guaranteed payments to a member of a FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 59 partnership for services or the use of tions 1 and 3 of the Internal Revenue subject to the special rules set forth in capital, and section 706(a) of such code, Code of 1954. Thus, if an individual uses section 211(a) of the Act and §§ 404.1050 and the regulations thereunder, relating the accrual method of accounting in to 404.1065, inclusive, and to the exclu to the taxable year of' the partner in computing taxable income from a trade sions provided in section 211(c) of the which such guaranteed payments are to or business for the purpose of the tax im Act and § 404.1070. For provisions relat be included in computing taxable posed by such sections, he must use the ing to the computation of the taxable income. same method in determining net earn income of a partnership, see section 703 (c) Gross income derived by an in ings from self-employment. Likewise, if of the Internal Revenue Code of 1954. dividual from a trade or business includes a taxpayer engaged in a trade or busi (e) Different taxable years. If the tax gross income received (in the case of an ness of selling property on the install able year of a partner differs from that individual reporting income on the cash ment plan elects, under the provisions of the partnership, the partner shall in receipts and disbursements method) or of section 453 of the Internal Revenue clude, in computing net earnings from accrued (in the case of an individual re Code of 1954, to use the installment self-employment, his distributive share of porting income on the accrual method) method in computing income for pur the income or loss, described in section in the taxable year from a trade or busi poses of the tax under section 1 or 3 of 702(a) (9) of the Internal Revenue Code ness even though such income may be the Internal Revenue Code of 1954, he of 1954, of the partnership for its taxable attributable in whole or in part to serv must use the same method in determin year ending with or within the taxable ices rendered or other acts performed ing net earnings from self-employment. year of the partner. For the special rule in a prior taxable year as to which the Income which is excludable from gross in case of the termination of a partner’s individual was not subject to the tax on income under any provision of subtitle A taxable year as result of death, see self-employment income. of the Internal Revenue Code of 1954 is § 404.1058. (d) (i) Pursuant to section 211(e) of not taken into account in determining (f) Meaning of partnerships. For the the Act the term “taxable year” means: net earnings from self-employment ex purpose of determining net earnings (1) An individual’s annual accounting cept as otherwise provided in § 404.1059, from self-employment, a partnership is period on the basis of which he regularly relating to certain residents of Puerto one which is recognized as such for in computes his income in keeping his Rico, in § 404.1061, relating to ministers come tax purposes. For income tax pur books; or or members of religious orders, and in poses, the term “partnership” includes (ii) A short period resulting from§ 404.1063, relating to the term “posses not only a partnership as known at com death of the individual before the ter sion of the United States.” Thus, in the mon law, but, also a syndicate, group, mination of his annual accounting pe case of a citizen of the United States con pool, joint venture, or other unincorpo riod or a change of his annual accounting ducting, in a foreign country, a trade or rated organization which carries on any period. business in which both personal services trade or business, financial operation, or (2) The term “annual accounting and capital are material income-produc venture, and which is not, within the |period” means either: ing factors, any part of the income there meaning of the Internal Revenue Code of (i) A calendar year, consisting of 12 from which is excluded from gross in 1954, a trust, estate, or a corporation. An [months ending on December 31; or come as earned income under the provi organization described in the preceding (ii) A fiscal year, consisting of 12 sions of section 911 of the Internal Reve sentence shall be treated as a partnership [months ending on the last day of any nue Code of 1954 and the regulations for purposes of the tax on self-employ | month other than December, or a period, thereunder is not taken into account ment income even though such organiza if elected pursuant to section 441 of the in determining net earnings from self- tion has elected, pursuant to section 1361 Internal Revenue Code of 1954, varying employment. of the Internal Revenue Code of 1954 and from 52 to 53 weeks and always ending (b) Trade or business carried on. The the regulations thereunder, to be taxed on the same day of the week last occur trade or business must be carried on by as a domestic corporation. ring in a calendar month or nearest the the individual, either personally or (g) Nature of partnership interest. last day of such calendar month. through agents or employees. According The net earnings from self-employment (3) An individual’s taxable year for ly, income derived from a trade or busi of a partner include his distributive [the purpose of computing self-employ ness carried on by an estate or trust is share of the income or loss, described in ment income shall be the same as his not included in determining the net section 702(a) (9) of the Internal Reve taxable year for the purposes of subtitle earnings from self-employment of the nue Code of 1954, of the partnership of A of the Internal Revenue Code of 1954 individual beneficiaries of such estate or which he is a member, irrespective of the I (relating to income taxes; and, pursuant trust. nature of his membership. Thus, in de [ to the provisions of section 441(g) of (c) Aggregate net earnings. Where an termining his net earnings from self-em such subtitle, such taxable year shall be individual is engaged in more than one ployment, a limited or inactive partner I (except in the case of a short period as trade or business within the meaning includes his distributive share of such | described in paragraph (d) (1) (ii) of this of section 211(c) of the Act and partnership income or loss. In the case | section) a calendar year if: § 404.1070, his net earnings from self- of a partner who is a member of a part (i) The individual keeps no books; employment consist of the aggregate of nership with respect to which an election (ii) The individual has no annual ac- the net income and losses (computed has been made, pursuant to section 1361 Icounting period; or subject to the special rules provided in of the Internal Revenue Code of 1954 and (iii) The individual has an annual ac- §§ 404.1050 to 404.1065, inclusive) of all the regulations thereunder, to be taxed I counting period which differs from the such trades or businesses carried on by as a domestic corporation, net earnings [definition of fiscal year as set forth in him. Thus, a loss sustained in one trade from self-employment include his dis [paragraph (d) (2) (ii) of this section. or business carried on by an individual tributive share of the income or loss, de will operate to offset the income derived scribed in section 702(a) (9) of the Inter [§404.1051 General rule for computa by him from another trade or business. nal Revenue Code of 1954, from the trade tion of net earnings from self- employment. (d) Partnerships. The net earnings or business carried on by the partnership from self-employment of an individual computed without regard to the fact that (a) Determining net earnings. In gen-include, in addition to the earnings from the partnership has elected to be taxed leral, the gross income and deductions of a trade or business carried on by him, as a domestic corporation. Ian individual attributable to a trade or his distributive share of the income or (h) Proprietorship taxed as domestic I business (including a trade or business loss, described in section 702(a)(9) of corporation. A proprietor of an unincor I conducted by an employee referred to in the Internal Revenue Code of 1954, from porated business enterprise with respect I § 404.1070(C) (2), (3), (4), and (e)) for any trade or business carried on by each to which an election has been made, pur I the purpose of ascertaining his net eam- partnership of which he is a member. suant to section 1361 of the Internal lings from self-employment, are to be An individual’s distributive share of such Revenue Code of 1954 and the regula I determined by reference to the provi income or loss of a partnership shall be tions thereunder, to be taxed as a do sions of law and regulations applicable determined as provided in section 704 mestic corporation shall compute his net [ with respect to the taxes imposed by sec of the Internal Revenue Code of 1954, earnifigs from self-employment without FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 60 RULES AND REGULATIONS regard to the fact that such election has (1) The income is derived under an intended of the owner or tenant is not been made. arrangement between the owner or material. For example, if under the ar tenant of land and another person which rangement it is understood that the § 404.1052 Special rules for computing provides that such other person shall owner or tenant is to engage periodically net earnings from self-employment. produce agricultural or horticultural in physical work to a degree which is not For the purpose of computing net commodities on such land, and that there material in and of itself and, in addition, earnings from self-employment, the shall be material participation by the to furnish a substantial portion of the gross income derived by an individual owner or tenant in the production or machinery, implements, and livestock to from a trade or business carried on by the management of the production of be used in the production of the com him, the allowable deductions attributa such agricultural or horticulture com modities or to furnish or advance funds ble to such trade or business, and the modities: and or assume financial responsibility for a individual’s distributive share of the in (ii) There is material participation by substantial part of the expense involved come or loss, described in section 702- the owner or tenant with respect to any in the production of the commodities, the (a) (9) of the Internal Revenue Code of such agricultural or horticultural com arrangement is treated as contemplating 1954, from any trade or business carried modity. material participation of the owner or on by a partnership of which he is a tenant in the production of such member shall be computed in accord Income so derived is referred to in this commodities. ance with the special rules set forth in section as “includible farm rental (iii) The term “management of the §§ 404.1053 to 404.1065, inclusive. income.” production,” wherever used in this para (2) Requirement that income be de graph, refers to services performed in § 404.1053 Rentals from real estate; rived under an arrangement. In order for material participation. making managerial decisions relating to rental income received by an owner or the production, such as when to plant, (a) In general. Rentals from real es tenant of land to be treated as includible •cultivate, dust, spray, or harvest the crop, tate and from personal property leased farm rental income, such income must and includes advising and consulting, with the real estate (including such be derived pursuant to a share-farming making inspections, and making deci rentals paid in crop shares) and the de or other rental arrangement which con sions as to matters such as rotation of ductions attributable thereto, unless templates material participation by the crops, the type of crops to be grown, the less such rentals are received by an in owner or tenant in the production or type of livestock to be raised, and the dividual in the course of a trade or busi management of production of agricul type of machinery and implements to be ness as a real-estate dealer, are excluded tural or horticultural commodities. furnished. An arrangement is treated as in determining net earnings from self- (3) Nature of arrangement, (i) The contemplating that the owner or tenant employment. Rentals paid in crop shares arrangement between the owner or ten is to participate materially in the man include income derived by an owner or ant and the person referred to in sub- agement of the production of the com lessee of land under an agreement paragraph (1) of this paragraph may be modities required to be produced by the entered into with another person pur either oral or written. The arrangement other person under the arrangement if suant to which such other person under must impose upon such other person the the owner or tenant is to engage to a takes to produce a crop or livestock on obligation to produce one or more agri material degree in the management deci such land and pursuant to which: cultural* or horticultural commodities sions related to the production of such (1) The crop or livestock, or the pro (including livestock, bees, poultry, and commodities. The services which are con ceeds thereof, are to be divided between fur-bearing animals and wildlife) on the sidered of particular importance in mak such owner or lessee and such other land of the owner or tenant. In addition, ing such management decisions are those person, and it must be within the contemplation of services performed in making inspections (2) The share of the owner or lessee the parties that the owner or tenant is of the production activities and in ad depends on the amount of the crop or to participate in the production or the vising and consulting with such person livestock produced. See, however, para management of the production of the as to the production of the commodities. graph (c) of this section. agricultural or horticultural commodities Thus, if under the arrangement it is un (b) Real-estate dealers. In general, an required to be produced by the other derstood that the owner or tenant is to individual who is engaged in the busi person under such arrangement to an advise or consult periodically with the ness of selling real estate to customers extent which is material with respect other person as to the production of the with a view to the gains and profits that either to the production or to the man commodities required to be produced by may be derived from such sales is a real- agement of production of such commodi such person under the arrangement and estate dealer. On the other hand, an in ties or is material With respect to the to inspect periodically the production ac dividual who merely holds real estate for production and management of produc tivities on the land, a strong inference investment or speculation and receives tion when the total required participation will be drawn that the arrangement con rentals therefrom is not considered a in connection with both is considered. templates participation by the owner or real-estate dealer. Where a real-estate (ii) The term “production,” wherever tenant in the management of the produc dealer holds real estate for investment or used in this paragraph, refers to the tion of such commodities. The mere un speculation in addition to real estate held physical work performed and the ex dertaking to select the crops or livestock for sale to customers in the ordinary penses incurred in producing a com to be produced or the type of machinery course of his trade or business as a real- modity^ It includes such activities as the and implements to be furnished or to estate dealer, only the rentals from the actual work of planting, cultivating, and make decisions as to the rotation of crops real estate held for sale to customers in harvesting crops, and the furnishing of generally is not, in and of itself, suffi the ordinary course of his trade or busi machinery, implements, seed, and live cient. Such factors may he significant, ness as a real-estate dealer, and the stock. An arrangement is treated as con however, in making the overall deter deductions attributable thereto, are in templating that the owner or tenant is mination of whether the arrangement cluded in determining net earnings from to materially participate in the produc contemplates that the owner or tenant self-employment; the rentals from the tion of the commodities required to be is to participate materially in the man real estate held for investment or specu produced by the other person under the agement of the product or the commod lation, and the deductions attributable arrangement if under the arrangement it ities. Thus, if in addition to the under thereto, are excluded in determining net is understood that the owner or tenant standing that the owner or tenant is to earnings from self-employment. is to engage to a material degree in the advise or consult periodically with the (c) Special rule for "includible farm physical work related to the production other person as to the production of the rental income”—(1) In general. Not of such commodities. The mere under commodities and to inspect periodically withstanding paragraph (a) of this sec taking to furnish machinery, implements, the production activities on the land, it tion, any income derived by an owner or and livestock and to incur expenses is is also understood that the owner is to tenant of land is included in determining not, in. and of itself, sufficient. Such select the type of crops and livestock to net earnings from self -employment for factors may be significant, however, in be produced and the type of machinery taxable years ending after 1955 if: cases where the degree of physical work and implements to be furnished and to FEDERAL REGISTER, V O L 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 61 make decisions as to the rotation of Example 1. After the death of her husband, of E’s actual participation was contemplated crops, the arrangement is treated as con Mrs. A rents her farm, together with its ma by the arrangement, E’s income from the templating material participation of the chinery and equipment, to B for one-half grain farm will be included in computing of the proceeds from the commodities pro net earnings from self-employment. owner or tenant in the management of duced on such farm by B. It is agreed that Example 4. G owns a fully equipped farm production of such commodities. B will live in the tenant house on the which he rents to H under an arrangement (4) Actual participation. In order for farm and be responsible for the overall which contemplates that G shall materially the rental income received by the owner operation of the farm, such as planting, participate in the management of the pro or tenant of land to be treated as in cultivating, and harvesting the field crops, duction of crops raised on the farm pursuant cludible farm rental income, not only caring for the orchard and harvesting the to the arrangement. G lives in town about 5 fruit and caring for the livestock and poul miles from the farm. About twice a month must it be derived pursuant to the ar try. It also is agreed that Mrs. A will continue he visits the farm and looks over the build rangement described in subparagraph to live in the farm residence and help B ings and equipment. G may occasionally, in (1) of this paragraph, but also the owner operate the farm. Under the agreement it an emergency, discuss with H some phase of or tenant must actually participate to a is contemplated that Mrs. A will regularly a crop production activity. In effect, H has material degree in the production or in operate and clean the cream separator and complete charge of the management of farm the management of the production of feed the poultry flock and collect the eggs. ing operations regardless of the understand any of the commodities required to be When possible she will assist B in such work ing between him and G. Although G pays as spraying the fruit trees, penning livestock, one-half of the cost of the seed and fertilizer produced under the arrangement, or he culling the poultry, and controlling weeds. and is charged for the cost of materials pur must actually participate in both the She will also assist in preparing the meals chased by H to make all necessary repairs, production and the management of the when B engages seasonal workers. The agree G’s activities do not constitute material par production to an extent that his partici ment between Mrs. A and B clearly provides ticipation in the crop production activities. pation in the one when combined with that she will materially participate in the Accordingly, G’s income from the crops is his participation in the other will be con overall production operations to be conducted not included in computing net earnings from sidered participation to a material de on her farm by B. In actual practice, Mrs. self-employment. A performs such regular and intermittent Example 5. J owned a farm several miles gree. If the owner or tenant shows that services. The regularly performed services from the town in which he lived. He rented he periodically advises or consults with are material to the production of an agri the farm to K under an arrangement which the other persoi\who under the arrange cultural commodity, and the intermittent contemplated J’s material participation in ment produces the agricultural or horti services performed are material to the pro the management of production of wheat. J cultural commodities, as to the produc duction operations to which they relate. The furnished one-half the seed and fertilizer and tion of any of these commodities and furnishing of a substantial portion of the all the farm equipment and livestock. He also shows that he periodically inspects farm machinery and equipment also adds employed H to perform all the services in the production activities on the land, he support to a conclusion that Mrs. A has advising, consulting, and inspecting con materially participated. Accordingly, the templated by the arrangement. J is ma will have presented strong evidence of rental income Mrs. A receives from her farm terially participating in the management of the existence of the degree of participa should be included in net earnings from production of wheat by K. The work done tion contemplated by section 211(a)(1) self-employment. by J’s employee, H, is attributable to J in of the Act. If, in addition to the fore Example 2. D agrees to produce a crop on determining the extent of J’s participation. going, the owner or tenant shows that he C’s cotton farm under an arrangement pro J’s rental income from the arrangement is furnishes a substantial portion of the viding that C and D will each receive one- to be included in computting his net earn machinery, implements, and livestock half of the proceeds from such production. ings from self-employment. used in the production of the commod C agrees to furnish all the necessary equip Example 6. Assume the same facts as in ities or that he furnishes or advances ment, and it is understood that he is to the previous example except that J ap advise D when to plant the cotton and when pointed the X Bank as his agent to enter funds, or assumes financial responsibil it needs to be chopped, plowed, sprayed, and into the rental arrangement with K and to ity, for a substantial part of the expense picked. It is also understood that during perform the services contemplated by the involved in the production of the com the growing season C is to inspect the crop arrangement. J is also materially participat modities, he will have established the every few days to determine whether D is ing in the management of production of existence of the degree of participation properly taking care of the crop. Under the wheat by K because the work done by X Bank contemplated by section 211(a) (1) of the arrangement, D is required to furnish all is attributable to J in determining the ex Act and this paragraph. labor needed to grow and harvest the crop. tent of J’s participation even though X Bank C, in fact, renders such advice, makes such is an independent contractor. J’s rental in (5) Employees or agents. Any ar inspections, and furnishes such equipment. come from the arrangement is to be included rangement entered into by an employee C’s contemplated participation in manage in computing his net earnings from self- or agent of an owner or tenant and an ment decisions is considered material with employment. other person is considered an arrange respect to the management of the cotton pro duction operation. C’s actual participation (d) Rentals from living quarters—(1) ment entered into by the owner or tenant No services rendered for occupants. Pay for purposes of satisfying the require pursuant to the arrangement is also con sidered to be material with respect to the ments for the use or occupancy of entire ment set forth in subparagraph (2) of management of the production of cotton. private residences or living quarters in this paragraph that the income must be Accordingly, the income C receives from his duplex or multiple-housing units are derived under an arrangement between cotton farm is to be included in computing generally rentals from real estate. Ex the owner or tenant and another person. his net earnings from self-employment. cept in the case of real-estate dealers, For purposes of determining whether the Example 3. E owns a grain farm and turns such payments are excluded in deter arrangement satisfies the requirement its operation over to his son, P. By the oral mining net earnings from self-employ set forth in subparagraph (3) of this rental arrangement between E and P, the ment even though such payments are in paragraph that the parties contemplate latter agrees to produce crops of grain on the farm, and E agrees that he will be avail part attributable to personal property that the owner or tenant is to materially furnished under the lease. participate in the production or man able for consultation and advice and will inspect and help to harvest the crops. E (2) Services rendered for occupants. agement of production of a commodity, furnishes most of the equipment, including services which are to be performed by an Payments for the use or occupancy of a tractor, a combine, plows, wagons, drills, rooms or other space where services are employee or agent of the ownér or tenant and harrows; he continues to live on the farm are considered to be services which the and does some of the work such as repairing also rendered to the occupant, such as for arrangement contemplates are to be per barns and farm machinery, going to town for the use or occupancy of rooms or other formed by the owner or tenant. Services supplies, cutting weeds, etc.; he regularly quarters in hotels, boarding houses, or performed by such an employee or agent inspects the crops during the growing sea apartment houses furnishing hotel serv son; and he helps P to harvest the crops. ices, or in tourist camps or tourist homes, are considered services performed by the Although the final decisions are made by P, owner or tenant in determining the or payments for the use or occupancy of he frequently consults with his father re space in parking lots, warehouses, or extent to which the owner or tenant has garding the production of the crops. An participated in the production or man evaluation of all E’s actual activities indi storage garages, do not constitute rentals agement of production of a commodity. cates that they are sufficiently substantial from real estate; consequently such pay ments are included in determining net (6) Examples. Application of the rules and regular to support a conclusion that he is materially participating in the crop earnings from self-employment. Gen prescribed in this paragraph may be production operations and the management erally, services are considered rendered illustrated by the following examples: thereof. If it can be shown that the degree to the occupant if they are primarily for FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 62 RULES AND REGULATIONS Ms convenience and are other than those securities; other interest received in the compulsory or involuntary conversion of usually or customarily rendered in con course of any trade or business (such as property into other property or money as nection with the rental of rooms or other interest, received by a pawnbroker on Ms a result of its destruction in whole or in space for occupancy only. The supplying loans or interest received by a merchant part, theft or seizure, or an exercise of of maid service, for example, constitutes on his accounts or notes receivable) is the power of requisition or condemna such service; whereas the fumisMng of not excluded. tion or the threat or imminence thereof; heat and light, the cleaning of public (c) Dividends and interest of the and the term “other disposition” includes entrances, exits, stairways, and lobbies, character excludable under paragraphs the destruction or loss, in whole or in the collection of trash, and so forth, are (a) and (b) of this section received by part, of property by fire, storm, sMp- not considered as services rendered to the an individual on stocks or securities held wreck, or other casualty, or by theft, occupant. for speculation or investment are ex even though there is no conversion of (3) Example. The application of this cluded whether or not the individual is such property into other property or paragraph may be illustrated by the fol a dealer in stocks or securities. money. lowing example; (d) A dealer in stocks or securities is (c) The application of tMs section a merchant of stocks or securities with an may be illustrated by the following Example. A owns a building containing established place of business, regularly example: four apartments. During tbe taxable year, he receives $1,400 from apartments numbered 1 engaged in the business of purchasing Example. During the taxable year 1954, A, and 2, which are rented without services stocks or securities and reselling them to who owns a grocery store, realized a net rendered to the occupants, and $3,600 from customers; that is, he is one who as a profit of $1,500 from the sale of groceries and apartments numbered 3 and 4, which are. merchant buys stocks or securities and a gain of $350 from the sale of a refrigerator rented with services rendered to the occu sells them to customers with a view to case. During the same year, he sustained pants. A’s fixed expenses for the four apart the gains and profits that may be derived a loss of $2,000 as a result of damage by fire ments aggregate $1,200 during the taxable therefrom. Persons who buy and sell or to the store building. In computing taxable year. In addition, he has $500 of expenses at hold stocks or securities for investment income, all of these items are taken into tributable to the services rendered to the account. In determining net earnings from occupants of apartments 3 and 4. In deter or speculation, irrespective of whether self-employment, however, only the $1,500 mining his net earnings from self-employ such buying or selling constitutes the of profit derived from the sale of groceries is ment, A includes the $3,600 received from carrying on of a trade or business, are included. The $350 gain and the $2,000 loss apartments 3 and 4, and the expenses of not dealers in stocks or securities. are excluded. $1,100 ($500 plus one-half of $1,200) attribut able thereto. The rentals and expenses at § 404.1055 Gain or loss from disposition § 404.1056 Net operating loss deduction. tributable to apartments 1 and 2 are ex of property; capital assets; timber, The deduction provided by section 172 cluded. Therefore, A has a $2,500 of net coal, and iron ore; involuntary of the Internal Revenue Code of 1954, earnings from self-employment for the tax conversion. relating to net operating losses sustained able year from the building. (a) There is excluded, in determining in years other than the taxable year, is (e) Treatment of business income net earnings from self-employment, any excluded in determining net earmngs which includes rentals from real estate. gain or loss: from self-employment. (1) Which is considered as gain or loss Except in the case of a real estate dealer, § 404.1057 Community income. where an individual or a partnership is from the sale or exchange of a capital engaged in a trade or business the in asset; (a) In case of an individual. If any of come of which is classifiable in part as (2) Prom the cutting of timber or the the income derived by an individual from HI rentals from real estate, only that portion disposal of timber or the disposal of coal, a trade or business (other than a trade of such income which is not classifiable even though held primarily for sale to or business carried on by a partnersMp) as rentals from real estate, and the ex customers, if section 631 of the Internal is community income under community penses attributable to such portion, are Revenue Code of 1954 is applicable to property laws applicable to such income, included in determining net earnings such gain or loss; all of the gross income, and the deduc from self-employment. (3) Prom the disposal of iron ore tions attributable to such income, shall mined in the United States in taxable be treated as the gross income and deduc § 404.1054 Dividends and interest. years beginning after 1965, for which tions of the husband unless the wife exer (a) All dividends on shares of stock amounts are received or accrued in such cises substantially all of the management are excluded in determining net earnings taxable years, even though held primarily and control of such trade or business, in from self-employment unless they are for sale to customers, if section 631 of wMch case all of such gross income and received by an individual in the course the. Internal Revenue Code of 1954 is ap deductions shall be treated as the gross of Ms trade or business as a dealer in plicable to such gain or loss; and income and deductions of the wife. For stocks or securities. (4) Prom the sale, exchange, involun the purpose of this special rule, the term (b) Interest on any bond, debenture, tary conversion, or other disposition of “management and control” means note, or certificate, or other evidence of property if such proparty is neither: management and control in fact, not indebtedness, issued with- interest cou (i) Stock in trade or other property ofthe management and control imputed to pons or in registered form by any corpo a kind which would properly be includi the husband under the community prop ration (including one issued by a govern ble in inventory if on hand at the close erty laws. For example, a wife who ment or political subdivision thereof) is of the taxable year, nor operates a beauty parlor without any ap excluded in determining net earnings (ID Property held primarily for sale preciable collaboration on the part of from self-employment unless such inter to customers in the ordinary course of her husband will be considered as hav est is received in the course of a trade or a trade or business. ing substantially all of the management business as a dealer in stocks or securities. (b) For the purpose of the special rule and control of such business despite the However, interest with respect to which a in paragraph (a)(4), it is immaterial provision of any community property law credit against tax is allowable as provided whether a gain or loss is treated as a vesting in the husband the right of in section 35 of the Internal Revenue capital gain or as an ordinary gain or management and control of community Code of 1954, that is, interest on certain loss for purposes other than determin property; and the income and deduc obligations of the United States and its ing net earnings from self -employment. tions attributable to the operation of instrumentalities, is not included in net For instance, where the character of a such beauty parlor will be considered the earnings from self-employment even loss is governed by the provisions of sec income and deductions of the wife. though received in the course of a trade tion 1231 of the Internal Revenue Cpde (b) In case of a partnership. Even or business as a dealer in stocks or se of 1954, such loss is excluded in deter though a portion of a partner’s distribu curities. Only interest on bonds, deben mining net earnings from self-employ tive share of the income or loss, described tures, notes, or certificates, or other ment even though such loss is treated in section 702(a) (9) of the Internal Rev evidence of indebtedness, issued with in under section 1231 of the Internal Reve enue Code of 1954, from a trade or terest coupons or in registered form by a nue Code of 1954, as an ordinary loss. business carried on by a partnership is corporation, is excluded in the case of all For the purposes of this special rule, the community income or loss under the com persons other than dealers in stocks or term “involuntary conversion” means a munity property laws applicable to such FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 - RULES AND REGULATIONS 63 share, all of such distributive share shall for such year is treated as having been which occurs on May 1, 1959, and $400 of be included in computing the net earn realized or sustained under the preceding such amount is the estate’s share of the gain ings from self-employment of such part sentence and the numerator of which is from the sale of a capital asset which occurs on July 15, 1959. The remainder of such ner; no part of such share shall be taken the number of calendar months in such amount is income from services rendered. X’s into account in computing the net earn partnership taxable year that precede the distributive share of partnership ordinary ings from self - employment of the spouse month following the month of his death. income for 1959, as determined under para of such partner. In any case in which (3) Definition of “deceased partner’s graphs (d) to (g), inclusive, of §404.1051 both spouses are members of the same distributive share.” For the purpose of (with the exception of paragraph (e)), is partnership, the distributive share of thè this section, the term “deceased partner’s $4,500 ($5,500 minus $1,000). The portion of income or loss of each spouse is included distributive share” includes the distribu such share attributable to an interest in the in computing the net earnings from self- partnership prior to the month following the tive share of his estate or of any other month of his death is $4,500 x % 5 (6 being employment of that spouse. person succeeding, by reason of his death, the number of months in the partnership § 404.1058 Computation of partner’s to rights with respect to his partnership taxable year in which X died as precede the net earnings from self-employment interest. It does not include any share month following the month of his death and for taxable year which ends as result attributable to a partnership interest 8.5 being the number of months in such of his death. which was not held by the deceased part partnership taxable year in which X and his ner at the time of his death. Thus, if a estate had an interest in'the partnership) (a) Taxable years ending after Audeceased partner’s estate should acquire or $3,176.47. gust 28, 1958—(1) In general. The rules an interest in a partnership additional to (b) Options available to farmers. In for the computation of a partner’s net the interest to which it succeeded upon determining whether the optional earnings from self-employment are set the death of the déceased partner, the method available to a member of a farm forth in paragraphs (d) to (g), inclusive, amount of the distributive share attrib partnership in computing his net earn of § 404.1051. In addition to the net utable to such additional interest ac ings from self-employment may be ap earnings from self-employment com quired by the estate would not be in plied, and in applying such method, it is puted under such rules for the last tax cluded in computing the “deceased necessary to determine the partner’s dis able year of a deceased partner, if a partner’s distributive share” of the tributive share of partnership gross in partner’s taxable year ends after August partnership’s ordinary income or loss come and the partner’s distributive share 28,1958, solely because of death, and on a for the partnership taxable year. of. income described in section 702(a) (9) day other than the last day of the part of the Internal Revenue Code of 1954. See nership’s taxable year, the deceased part (4) Examples. The application of this paragraph may be illustrated by the section 211(a) of the Act and § 404.1065. ner’s net- earnings from self-employment If section 211(f) of the Act and this sec for such year shall also include so much following examples tion apply, or may be made applicable of the deceased partner’s distributive Example 1. B, an individual who files his under the provisions described in para share of partnership ordinary income or income tax returns on the calendar year graph 1c) of this section, for the last loss (see subparagraph (3) of this para basis, is a member of the ABC partnership, taxable year of a deceased partner, such graph) for the taxable year of the part the taxable year of which ends on June 30. nership in which his death occurs as is B dies on October 17, 1958, and his estate partner’s distributive share of income attributable to an interest in the partner succeeds to his partnership interest and con described in section 702(a) (9) of the In ship prior to the month following the tinues as a partner in its own right under ternal Revenue Code of 1954 for his last local law untU June 30, 1959. B’s distributive taxable year shall be determined by in month of his death. share of the partnership’s ordinary income, cluding therein any amount which is (2) Computation, (i) The deceasedas determined under-paragraphs (d) to (g), included under section 211(f) of the Act partner’s distributive share of partner inclusive, of § 404.1051, for the taxable year and this section in his net earnings from ship ordinary income or loss for the part of the partnership ended June 30, 1958, is self-employment for such taxable year. nership taxable year irf which he died $2,400. His distributive share, including the share of his estate, of such partnership’s Such a partner’s distributive share of shall be determined by-applying the rules ordinary income, as determined under para partnership gross income for his last contained in paragraphs (d) to (g), in graphs (d) to (g), inclusive, of § 404.1051 taxable year shall be determined by in clusive, of § 404.1051, except that para (with the exception of paragraph (e) ), for cluding therein so much of the deceased graph (e) shall not apply. the taxable year of the partnership ended partner’s distributive share (see para (ii) The portion of such distributiveJune 30, 1959, is $4,500. The portion of such graph (a) (3) of this section) of partner share to be included under this section in $4,500 attributable to an interest in the part ship gross income, as defined in section nership prior to the month following the the deceased partner’s net earnings from month in which he died is $4,500 x *A2 (4 211(a) of the Act and paragraph (d) of self-employment for his last taxable year being the number of months in the partner § 404.1065, for the partnership taxable shall be determined by treating the ordi ship taxable year in which B died which year in which he died as is attributable nary income or loss constituting such dis precede the month following the month of to an interest in the partnership prior to tributive share as having been realized his death and 12 being the number of months the month following the month of his or sustained ratably over the period of in such partnership taxable year in which B death. Such allocation shall be made in the partnership taxable year during and his estate had an interest in the partner the same manner as is prescribed in which the deceased partner had an inter ship) or $1,500. The amount to be included in the deceased partner’s net earnings from paragraph (a) (2) of this section for de est in the partnership and during which self-employment for his last taxable year is termining the portion of a deceased part his estate, or any other person succeeding $3,900 ($2,400 plus $1,500). ner’s distributive share of partnership by reason of his death to rights with re Example 2. If in the preceding example B’s ordinary income or loss to be included spect to his partnership interest, held estate is entitled to only $1,000, the amount under section 211(f) of the Act and this such interest in the partnership or held of B’s distributive share of partnership ordi a right with respect to such interest. The nary income for the period July 1, 1958, section in his net earnings from self- amount to be included under this section through October 17, 1958, such $1,000 is con employment for his last taxable year. in the deceased partner’s net earnings sidered to have been realized ratably over the Example 1. X, an individual who files his from self-employment for his last taxable period preceding B’s death and will be in income tax returns on a calendar year basis, year will, therefore, be determined by cluded in B’s net earnings from self-employ is a member of the XYZ farm partnership, ment for his last taxable year. the taxable year of which ends on March 31. multiplying the deceased partner’s dis Example 3. X, who reports his income on a X dies on May 31, 1967, and his estate suc tributive share of partnership ordinary calendar year basis, is a member of a partner ceeds to his partnership interest and con income or loss for the partnership taxable ship which also reports its income on a cal tinues as a partner in its own right under year in which he died, as determined endar year basis. X dies on June 30, 1959, and local law until March 31, 1968. X’s distribu under subdivision (i) of this subpara his estate succeeds to his partnership interest tive share of the partnership’s ordinary in graph, by a fraction, the denominator of and continues as a partner in its own right come, determined under paragraphs (d) to which is the number of calendar months under local law. On September 15, 1959, X’s (g), inclusive, of §404.1051, for the taxable in the partnership taxable year over estate sells the partnership^ interest to which year of the partnership ended March 31, it succeeded on the death of X. X’s distribu 1967, is $1,600. His distributive share, includ which the ordinary income or loss con tive share of partnership income for 1959 is ing the share of his estate, of such partner stituting the deceased partner’s distribu $5,500. $600 of such amount is X's share of ship’s ordinary loss as determined under tive share of partnership income or loss the gain from the sale of a capital asset paragraphs (d) to (g), inclusive, of § 404.1051 FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 No. 2- -5 64 RULES AND REGULATIONS (with the exception of paragraph (e) ), for gregation of the above figures produces a § 404.1061 Ministers and members of the taxable year of the partnership ended gross income from farming of $5,800 and religious orders (computation of net March 31, 1968, is $1,200. The portion of such actual net earnings from self-employment ea rn in g s). $1,200 attributable to an interest in the part of $1,700. Under these circumstances none nership prior to the month following the of the options provided by section 211(a) of (a) In general. For each taxable year month in which he died is $1,200 x %2 (2 the Act may be used. If the actual net earn ending after 1954 in which a minister or being the number of months in the partner ings from self-employment had been less member of a religious order is engaged ship taxable year in which X died which than $1,600, the option described in § 404.- in a trade or business, within the mean precede the month following the month of 1065(a) (2) would have been available. ing of section 211(c) of the Act with his death and 12 being the number of months in such partnership taxable year in which (c) Taxable years ending after 1955respect to service to which § 404.1080 ap X and his estate had an interest in the and on or before August 28, 1958; plies, net earnings from self-employment partnership) or $200. X is also a member requirement of election. If a partner’s from such trade or business include the of the ABX farm partnership, the taxable taxable year ended, as a result of his gross income derived during the taxable year of which ends on May 31. His distribu death, after 1955 and on or before Au year Irom any such service, less the de tive share of the partnership loss described gust 28, 1958, the rules set forth in para ductions attributable to such gross in in section 702(a)(9) of the Internal Reve graph (a) of this section may be made come. For each taxable year ending on nue Code of 1954 for the partnership tax or after December 31,1957, such minister able year ending May 31, 1967, is $300, applicable in computing the deceased Section 211(f) of the Act and this sec partner’s net earnings from self-employ or member of a religious order shall com tion do not apply with respect to such ment for his last taxable year provided pute his net earnings from self-employ $300 since X’s last taxable year ends, as a re that: ment derived from the performance of sult of his death, with the taxable year of (1) Before January 1, 1960, there is such service without regard to the ex the ABX partnership. Under this para filed, by the person designated in sec clusions from gross income provided by graph the $200 loss must be included in de section 107 of the Internal Revenue Code termining X’s distributive share of XYZ part tion 6012(b) (1) of the Internal Revenue nership income described in section 702(a) Code of 1954 (relating to returns made of 1954 (relating to rental value of par (9) of the Internal Revenue Code of 1954 for by fiduciaries) a return (or amended sonages) and section 119 of such code the purpose of applying the optional method return) of the tax on self-employment (relating to meals and lodging furnished available to farmers for computing net income imposed by chapter 2 of such for the convenience of the employer). earnings from self-employment. Further, the code for the taxable year ending as a Thus, a minister, engaged in a trade or resulting $1,400 of income must be aggre result of death, and business within the meaning of section gated, pursuant to paragraph (e) of § 404.- 211(c) of the Act, will include in the 1065, with the $300 loss, X’s distributive (2) Such return, if filed solely for the share of ABX partnership loss described in purpose of reporting net earnings from computation of his net earnings from section 702(a)(9) of the Internal Revenue self-employment resulting from the en self-employment for a taxable year end Code of 1954 for purposes of applying such actment of section 211(f) of the Act, is ing on or after December 31, 1957, the option. The representative of X’s estate may accompanied by the amount of tax at rental value of a home furnished to him exercise the option described in § 404.1065 tributable to such net earnings. as remuneration for services performed (a) (4) provided the portion of X’s distrib in the exercise of his ministry or the utive share of XYZ partnership gross in § 404.1059 Residents and nonresidents rental allowance paid to him as remu come for the taxable year ended March 31, of Puerto Rico ; treatment of income. 1968, attributable to an interest in the part neration for such services irrespective of nership prior to the month following the (a) Residents. A resident of Puerto whether such rental value or rental al month in which he died (the allocation Rico, whether or not a bona fide resident lowance is excluded fom gross income by being made in the manner prescribed for al thereof during the entire taxable year, section 107 of the Internal Revenue Code locating his $1,200 distributive share of XYZ and whether or hot an alien, a citizen of 1954. Similarly, the value of any meals partnership loss for such year), when aggre of the United States, or a citizen of or lodging furnished to a minister or to gated with his distributive share of XYZ a member of a religious order in connec partnership gross income for the partnership Puerto Rico, shall compute his net earn taxable year ended March 31, 1967, and with ings from self-employment in the jsame tion with service performed in the exer his distributive share of ABX partnership manner as would a citizen of the United cise of his ministry or as a member of gross income for the partnership taxable year States residing in the United States. See such order will be included in the com ended May 31, 1967, results in X having paragraph-(d) of § 404.1068 for regula putation of his net earnings from self- more than $2,400 of gross income from the tions relating to nonresident aliens. The employment for a taxable year ending trade or business of farming. If such aggre gross income of such a resident of Puerto on or after December 31, 1957, notwith gate amount of gross income is not more standing the exclusion of such value than $2,400, the option described in § 404.- Rico also includes income from Puerto 1065(a) (3) is available. Rican sources. Thus, under this special from gross income by section 119 of the Example 2. A, a sole proprietor engaged rule, income from Puerto Rican sources Internal Revenue Code of 1954. in the business of farming, files his income will be included in determining net earn (b) In employ of American employer. tax returns on a calendar year basis. A is also ings from self-employment of a resident If a minister or member of a religious a member of a partnership engaged in an of Puerto Rico engaged in the active order engaged in a trade or business agricultural activity. The partnership files its conduct of a trade or business in Puerto described in section 211(c) of the Act returns on the basis of a fiscal year ending Rico despite the fact that, under sec and § 404.1080, is a citizen of the United March 31. A dies June 29, 1967. A’s gross in come from farming as a sole proprietor for tion 933 of the Internal Revenue Còde of States and performs service, in his ca the 6-month period comprising his taxable 1954, such income may not be taken into pacity as a minister or member of a year which ends because of death is $1,600 account for purposes of the tax under religious order, as an employee of an and his actual net earnings from self-em section 1 or 3 of the Internal Revenue American employer, as defined in sec ployment based thereon are $400. As of Code of 1954. tion 210(e) of the Act and § 404.1002(c) March 31, 1967, A’s distributive share of the (b) Nonresidents. A^citizen of Puerto (3), his net earnings from self-employ gross income of the farm partnership is Rico who is also a citizen of the United ment derived from such service shall be $2,200 and his distributive share of income computed as provided in paragraph (a) described in Section 702(a) (9) of the In States and who is not a resident of ternal Revenue Code of 1954 based thereon Puerto Rico will compute his net earn of this section but without regard to the is $1,000. The amount of A’s distributive ings from self-employment in the same exclusions from gross income provided share of the partnership’s ordinary income manner and subject to the same provi in section 911 of the Internal Revenue for its taxable year ended March 31, 1968, sions of law and regulations as other Code of 1954, relating to earned income which may be included in his net earnings citizens of the United States. from sources without the United States, from self-employment under sectioh 211(f) and section 931 of the Internal Revenue of the Act and paragraph (a) of this Sec § 404.1060 Personal exemption deduc Code of 1954, relating to income from tion is $300. The amount of the deceased tion. partner’s distributive share of partnership sources within possessions of the United gross income attributable to an interest in The deduction provided by section 151 States. Thus, even though all the in the partnership prior to the month follow of the Internal Revenue Code of 1954, come of the minister or member for serv ing the month of his death as is determined, relating to personal exemptions, is ex ice of the character to which this para pursuant to this paragraph, under para cluded in determining net earnings from graph is applicable was derived from graph (a) of this section is $2,000. An ag self-employment. sources outside the United States, or FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 65 from sources within possessions of the event shall an election be valid unless section 210(a) (8) (A) of the Act which United States, and therefore may for the minister files prior to or at the time was erroneously treated by the organiza income tax purposes be excluded from of the election a waiver certificate in tion employing him (under a certificate gross income, such income is included in accordance with § 404.1080. filed by such organization pursuant to computing net earnings from self- (ii) The election shall be made by fil section 3121 (k) of the Internal Revenue employment. ing with the District Director of Internal Code of 1954 or the corresponding sec (c) Minister in a foreign country Revenue with whom the waiver certifi tion of prior law) as employment within whose congregation is composed pre cate, Form 2031, is filed a written state the meaning of section 210(a) of the dominantly of citizens of the United ment indicating that, by reason of the Act, and if on or before August 30, 1957, States.— (1) Taxable years ending after Social Security Amendments of 1956, the taxes imposed by sections 3101 and 1956. For any taxable year ending after the minister desires to have the Federal 3111 of the Internal Revenue Code of 1956, a minister of a church, who is en old-age, survivors, and disability insur 1954 were paid (in good faith and upon gaged in a trade or business within the ance system established by title n of the the assumption that the insurance sys meaning of section 211(c) of the Act Social Security Act extended to his serv tem established by title n of the Act had and §404.1080, is a citizen of the United ices performed in a foreign country as been extended to such service) with re States, is performing service in the exer a minister of a congregation composed spect to any part of the remuneration cise of his ministry in a foreign country, predominantly of U.S. citizens begin paid to such individual for such serv and has a congregation composed pre ning with the first taxable year ending ice, then the remuneration with respect dominantly of U.S. citizens, shall com after 1954 and prior to 1957 for which to which such taxes were paid, and with pute his net earnings from self-employ he had income from such services. The respect to which no credit or refund of ment derived from his services as a statement shall be dated and signed by such taxes (other than a credit or re minister for such taxable year without the minister and shall clearly state that fund which would be allowable if such regard to the exclusion from gross income it is an election for retroactive self-em service had constituted employment) provided in section 911 of the Internal ployment tax coverage under the Self- has been obtained either by the employer Revenue Code of 1954, relating to earned Employment Contributions Act of 1954. or the employee on or before August 30, income from sources without the United In addition, the statement shall include 1957, shall be deemed, for purposes of States. For taxable years ending on or the following information: sections 210 and 211 of the Act (relating after December 31, 1957, such minister (a) The name and address of the to employment and self-employment, shall also disregard sections 107 and 119 minister. respectively), to constitute remunera of the Internal Revenue Code of 1954 in (b) His social security account num tion paid for employment and not net the computation of his net earnings from ber, if he has one. earnings from self-employment. See self-employment. (See paragraph Ca) of (c) That he is a duly ordained, com § 404.1017 relating to exempt organiza this section.) For purposes of section missioned, or licensed minister of a tions. church. 211(a) (7) of the Act and this paragraph § 404.1062 Treatment of certain re a “congregation composed predominantly (d) That he is a citizen of the United muneration erroneously reported as of citizens of the United States” means States. net earnings from self-employment. a congregation the majority of which (e) That he is performing services in throughout the greater portion of its the exercise of his ministry in a foreign (a) General rule. If an amount is er minister’s taxable year were U.S. citizens. country. roneously paid as self-employment tax, (/) That his congregation is com for any taxable year ending after 1954 (2) Election for taxable years endingposed predominantly of citizens of the and before 1962, with respect to remu after 1954 and before 1957. (i) A minister United States. neration for service described in section described in subparagraph (1) of this (.g) (1) That he has filed a waiver 210(a) (8) (B) of the Act (relating to em paragraph who, for a taxable year end certificate and, if so, where and under ployment by organizations described in ing after 1954 and before 1957, had in what circumstances the certificate was section 501(c)(3) of the Internal Reve come from service described in such sub- filed and the taxable year for which nue Code of 1954 which are exempt from paragraph which would have been in it is effective; or income tax under section 501(a) of such cluded in computing net earnings from (2) That he is filing a waiver certifi code), and if such remuneration is re self-employment if such income had cate with his election for retroactive ported as self-employment income on a been derived in a taxable year ending coverage and, if so, the taxable year for return filed on or before the due date after 1956 by an individual who had which it is effective. prescribed for filing such return (includ filed a waiver certificate under section (h) That he has or has not filed in ing any extension thereof), the individ 1402(e) of the Internal Revenue Code of come tax returns for his taxable years ual who paid such amount (or a fiduciary 1954 may elect to have section 211(a) (7) ending after 1954 and before 1957. If acting for such individual or his estate), of the Act and subparagraph (1) of this he has filed such returns, he shall state or his survivor (within the meaning of paragraph apply to his income from such the years for which they were filed and section 205(c)(1)(C) of the Act and service for his taxable years ending after indicate the District Director of Internal § 404.801(e)), may request that such re 1954 and before 1957. If such minister Revenue with whom they were filed. muneration be deemed to constitute net filed a waiver certificate prior to August 1, (iii) Notwithstanding the provisions earnings from self-employment. If such 1956, in accordance with § 404.1080, or he set forth in section 1402(e)(3) of the request is filed during the period Septem files such a waiver certificate on or before Internal Revenue Code of 1954 (see ber 14, 1960, to April 16, 1962, inclusive, the due date of his return (including any § 404.1082 relating to such provisions), and on or after the date on which the extensions thereof) for his last taxable a waiver certificate filed pursuant to organization which paid such remunera year ending before 1957, he must make § 404.1080 by a minister making an elec tion to such individual for services per such election on or before the due date tion under this paragraph shall be effec formed in its employ has filed, pursuant of his return (including any extensions tive (regardless of when such certificate to section 3121 (k) of the Internal Rev thereof) for such taxable year or before is filed) for such minister’s first taxable enue Code of 1954, a certificate waiving April 16, 1957, whichever is the later. If year ending after 1954 in which he had exemption from taxes imposed by section the waiver certificate is not so filed, the income from service described in sub- 3111 of such code, and if no credit or minister must make his election on or paragraph (1) of this paragraph or for refund of any portion of the amount er before the due date of the return (includ the taxable year of the minister pre roneously paid for such taxable year as ing any extensions thereof) for his first scribed by section 1402(e) (3) of the In self-employment tax (other than a credit taxable year ending after 1956. Notwith ternal Revenue Code of 1954 (see or refund which would be allowable if standing the expiration of the period pre § 404.1082), if such taxable year is earlier, such tax were applicable with respect to scribed by section 1402(e) (2) of the In and for all succeeding taxable years. such remuneration) has been obtained ternal Revenue Code of 1954 (see (d) Treatment of certain remunerabefore the date on which such request is § 404.1081) for filing such waiver, the tion paid in 1955 and 1956 as wages. If filed or, if obtained, the amount credited minister may file a waiver certificate at in 1955 or 1956 an individual was paid or refunded (including any interest un the time he makes the election. In no remuneration for service described in der section 6611 of the Internal Revenue FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 66 RULES AND REGULATIONS Code of 1954) is repaid on or before such ceived in connection therewith, was performing such services. The operation I date, then, for purposes of sections 210 repaid. of this special rule is not affected by sec- I and 211 of the Act (relating to employ (vi) The name and address of the tion 210(b) of the Act relating to the I ment and self-employment respectively) organization which paid the remunera included-excluded rule for determining I any amount of such remuneration which tion to the individual. employment. is paid to such individual before the cal (vii) The date on which the organi (2) The rules prescribed in subpara- I endar quarter in which such request zation filed a waiver certificate on Form graph (1) of this paragraph have no ap- I is filed (or before the succeeding quarter SS-15, and the location of the office of plication where the nonagricultural serv- I if such certificate first becomes effective the District Director of Internal Revenue ices are performed in connection with an I with respect to services performed by with whom it was filed. enterprise which constitutes a trade or I such individual in such succeeding quar (viii) The date on which the certificate business separate and distinct from the I ter) and with respect to which no tax became effective with respect to services trade or business conducted as an agri- I (other than an amount erroneously paid performed by the individual. cultural enterprise. Thus, the operation I as tax) has been paid under the Fed (ix) If the request is made by a person of a roadside automobile service station eral Insurance Contributions Act, shall other than the individual to whom the on farm premises constitutes a trade or be deemed to constitute net earnings remuneration was paid, the name arid business separate and distinct from the from self-employment and.not remuner address of that person and evidence agricultural enterprise, and the gross in ation for employment. If the certificate which shows the authority of such per come derived from such service station, filed by such organization pursuant to son to make the request. less the deductions attributable thereto, section 3121 (k) of the Internal Revenue (2) The request should be filed withis to be taken into account in determining Code of 1954 is not effective with respect the District Director of Internal Revenue net earnings from self-employment. to services performed by such individual with whom the latest of the returns (b) Farm, operator’s income 4or tax on or before the first day of the calendar specified in the request pursuant to sub- able years ending before 1955. Income quarter in which the request is filed, then, paragraph (1) (iii) of this paragraph was derived in a taxable year ending before for purposes of section 210(a) (8) (B) (ii) filed. 1955 from any agricultural trade or busi and (iii) of the Act, such individual shall ness (see paragraph (a) of this section), § 404.1063 Possession of the United and all deductions attributable to such be deemed to have become an employee States. of such organization (or to have become income, are excluded in computing net a member of a group, described in section For purposes of computing self- earnings from self-employment. 3121(k)(l)(E) of the Internal Revenue employment income, the term possession (c) Farm operator’s income for tax Code of 1954, of employees of such or of the United States,” as used in section able years ending after 1954. Income de ganization) on the first day of the suc 931 of the Internal Revenue Code of 1954 rived in a taxable year ending after 1954 ceeding quarter. (relating to income from sources within from an agricultural trade or business (b) Request for validation. (1) Thepossessions of the United States) and (see paragraph (a) of this section) is request should be in writing, should be section 932 of such code (relating to includible in computing net earnings signed and dated by the person making citizens of possessions of the United from self-employment. Income derived the request, and should indicate clearly States) shall be deemed not include the from an agricultural trade or business in that it is a request that, pursuant to Virgin Islands, Guam, or American cludes income derived by an individual section 1402(g) of the Internal Revalue Samoa. The provisions of section 211(a) under an agreement entered into by such Code of 1954 (see paragraph (a) of this (8) of the Act and of this section insofar individual with another person pursuant section), remuneration for service de as they involve nonapplication of sections to which such individual undertakes to scribed in section 210(a) (8) (B) of the 931 and 932 of the Internal Revenue produce agricultural or horticultural Act erroneously reported as self-employ Code of 1954 to Guam or American commodities (including livestock, bees, ment income for one or more specified Samoa, shall apply only in the case of poultry, and fur-bearing animals and years be deemed to constitute net earn taxable years beginning after 1960. wildlife) on land owned or leased by such ings from self-employment and not other person and pursuant to which the § 404.1064 Income from agricultural agricultural or horticultural commodities remuneration for employment. In addi activity. tion, the following information shall be produced by such individual, or the pro shown in connection with the request: (a) Agricultural trade or business. (1)ceeds therefrom, are to be divided be (i) The name, address, and social An agricultural trade or business is one tween such individual and such other security account number of the individ in which, if the trade or business were person, and the amount of such individ ual with respect to whose remuneration carried on exclusively by employees, the ual’s share depends on the amount of the request is made. major portion of the services would con the agricultural or horticultural com (ii) The taxable year or years (ending stitute agricultural labor as defined in modities produced. However, except as after 1954 and before 1962) to which the section 210(f) of the Act and § 404.1008. provided in paragraph, (d) of this section, In case the services are in part agricul relating to arrangements involving mate request relates. tural and in part nonagricultural, the rial participation, the income derived I (iii) A statement that the remunera time devoted to the performance of each under such an agreement by the owner I tion was erroneously reported as self- type of service is the test to be used to or lessee of the land is not includible in I employment income on the individual’s determine whether the major portion of computing net earnings from self-em- ■ return for each year specified and that the services would constitute agricultural ployment. See § 404.1053. For options r e -1 the return was filed on or before its due labor. If more than half of the time spent lating to the computation of net earnings I date (including any extension thereof). in performing all the services is spent in from self-employment, see § 404.1065. (iv) Location of the office of the Dis performing services which would consti (d) Includible farm rental income for I trict Director of Internal Revenue with tute agricultural labor under section 210 taxable years ending after 1955. For tax- I whom each return was filed. (f) ■ of the Act, 'the trade or busi able years ending after 1955, income I (v) A statement that no portion of the ness is agricultural. If only half, or derived from an agricultural trade or I amount erroneously paid by the individ less, of the time spent in performing business (see paragraph (a) of this sec-1 ual as self-employment tax with respect all the services is spent in performing tion) includes also income derived by the I to the remuneration has been credited or services which would constitute agri owner or tenant of land under an ar-1 refunded (other than a credit or refund cultural labor under section 210(f) of rangement between such owner or tenant I which would have been allowable if the the Act, the trade or business is not and another person, if such arrangement I tax had been applicable with respect to agricultural. In every case the time spent provides that such other person shall I the remuneration); or, if a credit or re in performing the services will be com produce agricultural or horticultural I fund of any portion of such amount has puted by adding the time spent in the commodities (including livestock, bees, I been obtained, a statement identifying trade or business during the taxable year poultry, and fur-bearing animals and I the credit or refund and showing how by every individual (including the in wildlife) on such land, and that there I and when the amount credited or re dividual carrying on such trade or busi shall be material participation by the I funded, together with any interest re ness and the members of his family) in owner or tenant in the production or I FEDERAL REGISTER, V O L 34, No. 2— FRIDAY, JANUARY 3 , 1969 RULES AND REGULATIONS 67 the management of the production of $1,600, the individual may, at his option, and after being reduced by the guaranteed such agricultural or horticultural com treat $1,600 as net earnings from self- payment of $500 made to M, is $3,000. One- third of the $3,000 ($1,000), is M’s distribu modities, and if there is material partici employment. If the individual so elects, tive share of such gross income. Under para pation by the owner or tenant with $1,600 shall be used in computing his graph (e) of this section, the guaranteed respect to any such agricultural or horti self-employment income in lieu of his payment ($500) received by M and his dis cultural commodity. See paragraph .(c) actual net earnings from such trade or tributive share of the partnership gross in of § 404.1053. For options relating to the business, if any. However, if the indi come ($1,000) are deemed to have been computation of net earnings from self- vidual’s actual net earnings from such derived from one trade or business, and such employment, see § 404.1065. trade or business, as computed in accord amounts must be aggregated for purposes (e) Income from service performedance with the applicable provisions of of the optional method of computing net earnings from self-employment. Since M’s after 1956 as a crew leader. In §§ 404.1050 through 404.1064, inclusive, combined gross income from his two agri come derived by a crew leader (see sec are $1,600 or more, such actual net earn cultural businesses ($1,000 and $500) is not tion 210(n) of the Act (designated ings shall be used in computing his self- more than $2,400 and since such income is section 210(o) of the Act prior to Sept. employment income. deemed to be derived from one trade or busi 13, 1960) and § 404.1005a) from service Example. G is engaged in the business of ness, M’s net earnings from self-employment performed after 1956 in furnishing indi farming and computes his income under the derived from such farming business may, viduals to perform agricultural labor for accrual method. His income tax returns are at his option, be deemed to be $1,000 (66% another person and from service per filed on the calendar year basis. For the year percent of $1,500). formed after 1956 in agricultural labor 1966, G’s gross income from the operation (4) Member of partnership whose dis as a member of the crew is considered to of his farm (computed as provided in para tributive share of gross income exceeds be income derived from a trade or busi graph (d) (2) of this section) is $2,800. He has actual net earnings from self-employ $2,400. If an individual’s distributive ness for purposes of § 404.1070. Whether ment derived from such farm in the amount share of the gross income of the partner such trade or business is an agricultural of $1,250. As his net earnings from self- ship (computed as provided in para trade or business shall be determined by employment derived from his farm, G may graph (d) of this section) derived from applying the rules set forth in this report his actual net earnings* of $1,250, or such trade or business (after such gross section. by the optional method he may report $1,600. income has been reduced by the sum of If G’s actual net earnings from self-employ all payments to which section 707(c) of § 404.1065 Options available to farmers ment from his farming activities for 1966 in computing net earnings from farm were in an amount of $1,600 or more, he the Internal Revenue Code of 1954 ap self-employment. would be required to report such amount in plies) is more than $2,400 and the actual computing his self-employment income. amount of his distributive share (a) Taxable years beginning after (whether or not distributed) of income 1965. Net earnings from self-employ (3) Member of partnership whose disdescribed in section 702(a) (9) of such ment derived in a taxable year beginning tributive share of gross income is $2,400 code derived from such trade or business after 1965 from a trade or business which or less. If an individual’s distributive (computed without regard to this sec is carried on by an individual or by a share of the gross income of a partner tion) is less than $1,600, the individual partnership and in which, if such trade ship (computed as provided in paragraph may, at his option, treat $1,600 as his or business were carried on exclusively by (d) of this section) derived from such distributive share of income described in employees, the major portion of the serv trade or business (after such gross in section 702(a) (9) of such code derived ices would constitute agricultural labor come has been reduced by the sum of all from such trade or business. If the in as defined in section 210(f) of the Act payments to which section 707(c) of the dividual so elects, $1,600 shall be used by (see paragraph (a) of § 404.1064) may, Internal Revenue Code of 1954 applies) him in the computation of his net earn at the option of the individual, be com is $2,400 or less, the individual may, at puted as follows: ings from self-employment in lieu of the his option, treat as his distributive share actual amount of his distributive share (1) Individual having gross income of income described in section 702(a) (9) of $2,400 or less. If the gross income, of income described in section 702(a) (9) of such code derived from such trade or of the Internal Revenue Code of 1954 computed as provided in paragraph (d) business an amount equal to 66% percent of this section, from such trade or busi from such trade or business, if any. How of his distributive share of such gross in ever, if the actual amount of the in ness is $2,400 or less, the individual may, come (after such gross income has been at his option, treat as net earnings from dividual’s distributive share of income reduced by the sum of all payments to described in section 702(a) (9) of such self-employment from such trade or which section 707(c) of such code ap business an amount equal to 66% per code from such trade or business, as com plies). If the individual so elects, the puted in accordance with the applicable cent of such gross income. If the indi amount equal to 66% percent of his dis vidual so elects, the amount equal to provisions of §§ 404.1050 to 404.1064, in tributive share of such gross income shall clusive, is $1,600 or more, such actual 66% percent of such gross income shall be used by him in the computation of his be used in computing his self-employ amount of the individual’s distributive net earnings from self-employment in share shall be used in computing his net ment income in lieu of his actual net lieu of the actual amount of his distribu earnings from such trade or business, if earnings from self-employment. any. tive share of income described in section Example 1. A is one of the two partners 702(a) (9) of the Internal Revenue Code of the AB partnership which is engaged in Example. F is engaged in the business of 1954 from such trade or business, if the business of farming. The taxable year' of fanning and computes his income under of the partnership is the calendar year and the cash receipts and disbursements method. any. its income is computed under the accrual He files his income tax returns on the basis Example. M, who files his income tax re method. A files his income tax returns on of the calendar year. During the year 1966, turns on a calendar year basis, is one of the the calendar year basis. The partnership F’s gross income from .the business of farm three partners of the XYZ Company a agreement provides for an equal sharing in ing (computed as provided in paragraph partnership, engaged in the business of farm the profits and losses of the partnership by (d)(1) of this section) is $2,325. His actual ing. The taxable year of the partnership is the two partners. A is an experienced farmer net earnings from self-employment derived the calendar year, and its income is computed and for his services as manager of the part from such business are $1,250. As his net under the cash receipts and disbursements nership’s farm activities during the year earnings from self-employment, F may re method. For M’s services in connection with 1966, he receives $6,000 which amount con port $1,250 or, by the optional computation the planting, cultivating, and harvesting of stitutes a guaranteed payment within the method, he may report $1,550 (66% percent the crops during jthe year 1966, the partner meaning of section 707(c) of the Internal of $2,325). ship agrees to pay him $500, the full amount Revenue Code of 1954. The gross income of (2) Individual having gross income in of which is determined without regard to the the partnership derived from such busi excess of $2,400. If the gross income, income of the partnership and constitutes ness for the year 1966, computed as provided a guaranteed payment within the meaning in paragraph (d)(2) of this section and computed as provided in paragraph (d) of section 707(c) of the Internal Revenue after being reduced by the guaranteed pay of this section, from such trade or busi Code of 1954. This guaranteed payment to ment made to A, is $9,600. A’s distributive ness is more than $2,400, and the net M is the only such payment made during share of such gross Income is $4,800, and hisk earnings from self-employment from such year. The gross income derived from distributive share of income described in such trade or business (computed with the business for the year 1966 (computed as section 702(a) (9) of the Internal Revenue out regard to this section) are less than provided in paragraph (d) of this section) Code of 1954 derived from the partnership’s FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 68 RULES AND REGULATIONS business is $1,900. Under paragraph (e) of $1,200, the individual may, at his option, such actual amount of the individual’s this section, the guaranteed payment re treat $1,200 as net earnings from self- ceived by A and his distributive share of the distributive share shall be used in com partnership’s gro^s income are deemed to employment. If the individual so elects, puting his net earnings from self-em have been derived from one trade or business, $1,200 shall be used in computing his ployment. (For a special rule in the and such amounts must be aggregated for self-employment income in lieu of his case of certain deceased partners, see purposes of the optional method of com actual net earnings from such trade or § 404.1058(c).) puting his net earnings from self-employ business, if any. However, if the indi (c) Taxable years ending after 1954 ment. Since the aggregate of A’s guaranteed vidual’s actual net earnings from such and before December 31, 1956. Net earn payment ($6,000) and his distributive share trade or business, as computed in accord of partnership gross income ($4,800) is more ings from self-employment derived in a than $2,400 and since the aggregate of A’s ance with the applicable provisions of taxable year ending after 1954 and before guaranteed payment ($6,000) and his dis §§ 404.1050 through 404.1064, inclusive, December 31, 1956, from a trade or busi tributive share ($1,900) of partnership in are $1,200 or more, such actual net earn ness which is carried on by an individual come described in section 702(a) (9) of the ings shall be used in computing his self- who reports his income on the cash Internal Revenue Code of 1954 is not less employment income. receipts and disbursements method, and than $1,600, the optional method of com (3) Member of a partnership receiving in which, if it were carried on exclusively puting net earnings from self-employment is not available to A. distributive share of gross income of by employees, the major portion of the Example 2. F is a member of the EPG $1,800 or less. If an individual’s distribu services would constitute agricultural partnership which is engaged in the busi tive share of the gross income of a part labor as defined in section 210(f) of the ness of farming. P files his income tax re nership (computed as provided in para Act (see paragraph (a) of § 404.1064), turns on the calendar year basis. The tax graph (d) of this section) derived from may, at the option of the individual, be able year of the partnership is the calendar such trade or business (after such gross computed as follows: year, and its income is computed under a income has been reduced by the sum of cash receipts and disbursements method. (1) Gross income $1,800 or less. If the Under thè partnership agreement the part all payments to which section 707(c) of gross income, computed as provided in ners are to share equally the profits or losses the Internal Revenue Code of 1954 ap paragraph (d) (1) of this section, from of the business. The gross income derived plies) is $1,800 or less, the individual such trade or business is $1,800 or less, from the partnership business for the year may, at his option, treat as his distribu the individual may, at his option, treat 1966, computed as provided in paragraph tive share of income described in section as net earnings from self-employment (d) (1) of this section is $7,500. P’s share of 702(a) (9) of such code derived from from such trade or business an amount such gross income is $2,500. Due to drought such trade or business an amount equal and an epidemic among the livestock, the equal to 50 percent of such gross income. partnership sustains a net loss of $7,800 for to 66% percent of his distributive share If the individual so elects, the amount the year 1966 of which loss P’s share is $2,600. of such gross income (after such gross equal to 50 percent of such gross income Since P’s distributive share of gross income income has been reduced by the sum of shall be used in computing his self-em derived from such business is in excess of all payments to which section 707(c) of ployment income in lieu of his actual $2,400 and since F does not recéive income such code applies). If the individual so net earnings from such trade or busi described in section 702(a)(9) of the In elects, the amount equal to 66% percent ness, if any. ternal Revenue Code of 1954 of $1,600 or of his distributive share of such gross in more from such business, he may, at his Example 1. F, a farmer, uses the cash option, be deemed to have received $1,600 as come shall be used by him in the com receipts and disbursements method of ac his distributive share 9f income described in putation of his net earnings from self- counting in making his income tax returns. section 702(a) (9) of such code from such employment in lieu of the actual amount P’s books and records show that during the business. of his distributive share of income de calendar year 1955 he received $1,200 from scribed in section 702(a)(9) of the In the sale of produce raised on the farm, $200 (b) Taxable years beginning beforeternal Revenue Code of 1954 from such from the sale of livestock raised on the farm 1966. Except as provided in paragraph trade or business, if any. and not held for breeding or dairy purposes, (c) of this section, net earnings from and $600 from the sale of a tractor. The in self - employment derived in a taxable (4) Member of partnership whose come from the sale of the tractor is excluded year beginning before 1966 from a trade distributive share of gross income exceeds from net earnings from self-employment by or business which is carried on by an in $1,800. If an individual’s distributive section 211(a) of the Act. P’s actual net dividual or by a partnership and in share of the gross income of the partner earnings from self-employment, computed in ship (computed as provided in paragraph accordance with the provisions of §§ 404.1050 which, if such trade or business were through 404.1052, are $450. P may report $450 carried on exclusively by employees, the (d) of this section) derived from such trade or business (after such gross in as his net earnings from self-employment major portion of the services would con or he may elect to report $700 (one-half of stitute agricultural labor as defined in come has been reduced by the sum of all $1,400). section 210(f) of the Act (see paragraph payments to which section 707(c) of Example 2. C, a cattleman, uses the cash (a) of § 404.1064), may, at the option the Internal Revenue Code of 1954 receipts and disbursements method of ac of the individual, be computed as applies) is more than $1,800 and the counting in making his income tax returns. follows: actual amount of his distributive share C had actual net earnings from self-employ (1) Individual having gross income of (whether or not distributed) of income ment, computed in accordance with the pro $1,800 or less. If the gross income, com described in section 702(a) (9) of such visions of §§404.1050 through 404.1052, of puted as provided in paragraph (d) of code derived from such trade or business $725. His gross receipts were $1,000 from the (computed without regard to this sec sale of produce raised on the farm and $1,200 this section, from such trade or business from the sale of feeder cattle, which C is $1,800 or less, the individual may, at tion) is less than $1,200, the individual bought for $500. The income from the sale his option, treat as net earnings from may, at his option, treat $1,200 as his of the feeder cattle is included in computing self-employment from such trade or distributive share of income described in net earnings from self-employment. There business an amount equal to 66% per section 702(a) (9) of such code derived fore, C may report $725 as his net earnings cent of sUch gross income. If the indi from such trade or business. If the in from self-employment or he may elect to vidual so elects, the amount equal to dividual so elects, $1,200 shall be used report $850, one-half of $1,700 ($2,200 minim 66% percent of such gross income shall by him in the computation of his net $500). be used in computing his self-employ earnings from self-employment in lieu (2) Gross income in excess of $1,800. ment income in lieu of his actual net of the actual amount of his distributive If the gross income, computed as pro earnings from such trade or business, if share of income described in section vided in paragraph (d) (1) of this sec any. 702(a) (9) of the Internal Revenue Code tion, from such trade or business is more (2) Individual having gross income in of 1954 from such trade or business, if than $1,800, and the actual net earnings excess of $1,800. If the gross income, any. However, if the actual amount of from self-employment from such trade computed as provided in paragraph (d) the individual’s distributive share of in or business are less thap $900, the in of this section, from such trade or busi come described in section 702(a) (9) of dividual may, at his option, treat $900 as ness is more than $1,800, and the net such code from such trade or business, net earnings from self-employment. If earnings from self-employment from as computed in accordance with the the individual so elects, $900 shall be such trade or business (computed with applicable provisions of §§ 404.1050 to used in computing his self-employment out regard to this section) are less than 404.1064, inclusive, is $1,200 or more, income in lieu of his actual net earnings FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS , 69 from such trade or business, if any. How within the meaning of section 707(c) of taxable year (whether a period of 12 ever, if the individual’s actual net earn such code) derived from each farm part months or less) is $6,600, except that the ings from such trade or business, as com nership of which he is a member. Such maximum self-employment income for puted in accordance with §§ 404.1050 gross income is the amount to be con any taxable year ending after 1958 and through 404.1052, are $900 or more, such sidered for purposes of the optional before 1966 is $4,800, the maximum self- actual net earnings shall be used in com method provided in this section for com employment income for any taxable year puting his self-employment income. puting net earnings from self-employ ending after 1954 and before 1959 is Example. R, a rancher, has gross income of ment. If the aggregate gross income of $4,200, and the maximum self-employ $3,000 from the operation of his ranch, com an individual includes income derived ment income for any taxable year ending puted as provided in paragraph (d) of this from an agricultural trade or business before 1955 is $3,600. If an individual is section. His actual net earnings from self- carried on by him and a distributive paid wages as defined in section 209 of employment from farming activities are less share of partnership income derived the Act and § 404.1030, the maximum than $900. R, nevertheless, may elect to re from an agricultural trade or business self-employment income is the excess of port $900 as net earnings from self-employ ment from such trade or business. If R had carried on by a partnership of which he $6,600 ($4,800 for a taxable year ending actual net earnings from self-employment is a member, such aggregate gross in after 1958 and before 1966, $4,200 for a from his farming activities in the amount come shall be treated as income derived taxable year ending after 1954 and before of $900 or more, he would be required to re from a single trade or business carried 1959, and $3,600 for a taxable year ending port such amount in computing his self- on by him, and such individual shall before 1955) over the amount of such employment Income. apply the optional method applicable to wages. For example, if during a taxable (3) Members of farm partnerships.individuals set forth in this section for year ending in 1966 no such wages are The optional method provided by this purposes of computing his net earnings paid and the individual has $7,000 net paragraph for computing net earnings from self-employment. earnings from self-employment, he has from self-employment is not available (f) Exercise of option. An individual$6,600 of self-employment income for to a member of a partnership with re shall, for each taxable year with respect such taxable year. If, in addition to hav spect to his distributive share of the to which he is eligible to use the optional ing $7,000 of net earnings from self- income or loss from any trade or busi method described in this section, decide employment, such individual is paid ness carried on by any partnership of as to whether his net earnings from self- $1,000 of such wages, he has only $5,600 which he is a member. employment are to be computed in ac of self-employment income for the tax (d) Computation of gross income. For cordance with such method. If the in able year. dividual elects the optional method for (2) For the purpose of the limitation purposes of this section gross income has a taxable year, he shall signify such described in subparagraph (1) of this the following meanings: election by computing net earnings from paragraph, the term “wages” includes (1) In the case of any such trade or self-employment under the optional such remuneration paid to an employee business in which the income is com method as set forth in Schedule F (In for services covered by: puted under a cash receipts and dis ternal Revenue Service Form 1040) of (i) An agreement entered into pur bursements method, the gross receipts the income tax return filed by the in suant to section 218 of the Act, which from such trade or business reduced by dividual for such taxable year. If the section provides for extension of the Fed the cost or other basis of property which optional method is not elected at the eral old-age, survivors, and disability in was purchased and sold in carrying on time of the filing of the return for a surance system to State and local such trade or business, adjusted (after taxable year with respect to which the government employees under voluntary such reduction) in accordance with the individual is eligible to elect such op agreements between the States and the provisions of paragraphs (1) through tional method, such method may be Secretary of Health, Education, and (6) and paragraph (8) of section 211(a) elected on an amended return filed with Welfare; or of the Act and §§ 404.1052 through the Internal Revenue Service (or on a (ii) An agreement entered into pur 404.1060, 404.1063, and 404.1064 of these Form 2190, Change in Method of Com suant to the provisions of section 3121(1) regulations. puting Net Farm Earnings From Self- of the Internal Revenue Code of 1954, (2) In the case of any such trade or Employment, filed with the Administra relating to coverage of citizens of the business in which the income is com tion after the filing of a claim for social United States who are employees of for puted under an accrual method, the security benefits). If the optional method eign subsidiaries of domestic corpora gross income from such trade or busi is elected on a return for a taxable year, tions, as would be wages under section 209 ness, adjusted in accordance with the the individual may revoke such election of the Act if such services constituted provisions of paragraphs (1) through by filing an amended return with the employment under section 210(a) of the (6) and paragraph (8) of section 211(a) Internal Revenue Service (or by filing a Act. For an ejcplanation of the term of the Act and §§ 404.1052 through Form 2190, Change in Method of Com “wages,” see §§ 404.1026 and 404.1027. 404.1060, 404.1063, and 404.1064 of these puting Net Farm Earnings From Self- (c) Minimum net earnings from self- regulations, Employment, with the Administration). employment. Self - employment income (e) Two or more agricultural activi If the individual is deceased or unable to does not include the net earnings from ties. If an individual (including a mem make an election, the person designated self-employment of an individual when ber of a partnership) derives gross in section 6012(b) of the Internal Reve the amount of such earnings for the income (as defined in paragraph (d) of nue Code of 1954 (relating to returns taxable year is less than $400. Thus, this section) from more than one agri made by fiduciaries) may, within the an individual having only $300 of net cultural trade or business, such gross in period prescribed in this section elect earnings from self - employment for the come (including his distributive share of the optional method for any taxable year taxable year would not have any self- the gross income of any partnership de with respect to which the individual is employment income. However, an indi rived from any such trade or business) eligible to use the optional method and vidual having net earnings from self- shall be deemed to have been derived revoke an election previously made by or employment of $400 or more for the from one trade or business. Thus, such for the individual. taxable year may have less than $400 an individual shall aggregate his gross of self-employment income. This could income derived from each agricultural § 404.1068 Self-employment income. occur in a case in which the amount trade or business carried on by him (a) In general. Except for the exclu of the individual’s net earnings from (which includes, under paragraph (b) of sions in paragraphs (b) and (c) of this self-employment is $400 or more for a § 404.1050, any guaranteed payment, section and the exception in paragraph taxable year ending after 1965 and the within the meaning of section 707(c) of (d) of this section, the term “self-em amount of such net earnings from self- the Internal Revenue Code of 1954, re ployment income” means the net earn employment plus the amount of the ceived by him from a farm partnership ings from self-employment derived by an wages received by the individual during of which he is a member) and his dis individual during a taxable year. that taxable year exceed $6,600 ($4,800 tributive share of partnership gross in (b) Maximum self-employment in for taxable years ending after 1958 and come (after such gross income has been come. (1) The maximum self-employ before 1966; $4,200 for taxable years reduced by any guaranteed payment ment income of an individual for any ending after 1954 and before 1959; or FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 70 RULES AND REGULATIONS $3,600 for taxable years ending before 210(k) prior to Sept. 13, l£f60), does not (d) Members of pertain professions— 1955). For example, if an individual has constitute a trade or business within the (1) Professional service exclusion. An in net earnings from self-employment of meaning of section 211(c) of the Act. dividual is not engaged in carrying on a $1,000 for 1966 and also receives wages However, in the four cases set forth in trade or business with respect to the per of $6,300 during that taxable year, his subparagraphs (2), (3), and (4) of this formance of service in the exercise of his self-employment income for that taxable paragraph and paragraph (e) of this sec profession: year is $300. tion, the performance of service by an (1) As a Christian Science practitioner, (d) Nonresident aliens. -A. nonresidentindividual is considered to constitute a except as provided in § 404.1080, or alien individual never has self-employ trade or business within the meaning of (ii) For a taxable year ending after ment income. While a nonresident alien section 211(c) of the Act and § 404.1070. 1955 and before December 31, 1965, as a individual who derives income from a (As to when an individual is an employee, doctor of medicine, or trade or business carried on within the see sections 210 (j) and (n) of the Act (iii) For a taxable year ending in 1955, United States, Puerto Rico, the Virgin (designated sections 210 (k) and (o) as a physician, lawyer, dentist, osteopath, Islands, Guam, or American' Samoa prior to Sept. 13, 1960), and §§ 404.1004 veterinarian, chiropractor, naturopath, (whether by agents or employees, or by and 404.1005a.) optometrist, or a partnership of which he is a member) (2) Newspaper vendors. The perform (iv) For a taxable year ending before may be subject to the applicable income ance of service by an individual who has 1955, as a physician, lawyer, dentist, tax provisions on such income, any net attained the age of 18 constitutes a trade osteopath, veterinarian, chiropractor, na earnings which he may have' from self- or business within the meaning or sec turopath, optometrist,-architect, certified employment do not constitute self-em tion 211(c) of the Act if performed in, public accountant registered or licensed ployment income within the'meaning of and at the time of, the sale of newspapers as an "accountant under State or mu section 211(b) of the Act. For the pur or magazines to ultimate consumers, un nicipal law, full-time practicing public pose of such section, an individual who der an arrangement under which the accountant, funeral director, or profes is not a citizen of thè United States but newspapers or magazines are to be sold sional engineer. who is a resident of the Commonwealth by him at a fixed price, his compensation (2) Election of coverage. Service per of Puerto Rico, the Virgin Islands, or, being based on the retention of the excess formed by a Christian Science practi for taxable years beginning after 1960, of of such price over the amount at which tioner in the exercise of his profession Guam or American Samoa is not con the newspapers or magazines are charged during taxable years for which a waiver sidered to be a nonresident alien individ to him, whether or not he is guaranteed certificate filed pursuant to § 404.1080 is ual. (See §§ 404.1059 and 404.1063 relat a minimum amount of compensation for in effect constitutes a trade or business ing to self-employment income in the such service, dr is entitled to be credited within the meaning of section 211(c) of Commonwealth of Puerto Rico and pos With the unsold newspapers or magazines the Act. sessions of the United States, respec turned back. (3) Meaning of terms. The designa tively.) (3) Sharecroppers. For taxable years tions in this section are to be given their ending after 1954, the performance of commonly accepted meanings. For pur § 404.1070 Trade or business. service by an individual under an ar poses of this section, an individual who is (a) General. In order for an individ rangement with the owner or tenant of a doctor of osteopathy, and who is not ual to have net earnings from self- land is deemed to constitute a trade or a doctor of medicine within the com employment, he must carry on a trade business if pursuant to such arrange monly accepted meaning of that term, is or business within the meaning of section ment: deemed not,to be engaged in carrying on 211 (c) of the Act, either as an individual (i) Such individual undertakes to pro a trade or business in the exercise of the or as a member of a partnership. Except duce agricultural or horticultural com profession of doctor of medicine. as provided in this section, the term modities (including livestock, bees, poul (4) Legal requirements. The exclusions “trade or business” shall have the same try, and fur-bearing animals and specified in subpiaragraph (1) of this sec meaning as when used in section 162 of wildlifeon such land; and tion apply only if the individuals meet the Internal Revenue Code of 1954. An (ii) The agricultural or horticultural the legal requirements, if any, for prac individual engaged in one of the excluded commodities produced by such individual, ticing their professions in the place activities specified in this section may or the proceeds therefrom, are to be di where they perform the service. also carry on other activities which con vided between such individual and such (5) Partnerships. In the case of a stitute a trade or business. Whether or owner or tenant; and partnership engaged in the practice of not such activities constitute a separate (iii) The amount of such individual’s any of the professions excluded under trade or business depends upon all the share depends on the amount of the subparagraph (1) of this paragraph, the facts and circumstances in the particular agricultural or horticultural commodities partnership shall not be considered as case. produced. carrying on a trade or business within the (b) Crew leaders. An individual who (4) Employees of foreign government, meaning of section 211(c) of the Act, is a crew leader, as defined in section instrumentality wholly owned by foreign and none of the distributive shares of the 210(n) of the Act (designated section government, or international organiza income or loss, described in section 702 210(o) prior to Sept. 13, 1960), and tion. The performance of service in a tax (a) (9) of the Internal Revenue Code of § 404.1005a, is considered to be carrying able year ending on or after December 1954, of such partnership shall be in on a trade or business with respect to 31, 1960, in the United States, as defined cluded in computing net earnings from services performed by him after 1956 in in section 210 (i) of the Act and self-employment of any member of the furnishing individuals to perform agri § 404.2(c) (6) (excluding service per partnership. On the other hand, where a cultural labor for another person or serv formed before 1961 in Guam or American partnership is engaged in a trade or busi ices performed by him after 1956 as a Samoa), by a citizen of the United ness not excluded under subparagraph member of the crew. States constitutes a trade or business (1) of this paragraph, each partner must within the meaning of section 211(c) of include his distributive share of the in (c) Employees who may be considered the Act if such service is excepted from come or loss, described in section 702(a) self-employed—( 1 ) General. For the pur employment under the Act by: (9) of the Internal Revenue Code of 1954, pose of computing self-employment in (i) Section 210(a) (11) of such Act, of such partnership in computing his net come with respect to employees who are relating to service in the employ of a earnings from self-employment, whether deemed to be self-employed, the term foreign government (see § 404.1020); or not such partner engages in activities “employee” and the term “wages” shall (ii) Section 210(a) (12) of the Act, re so excluded which he contributes to the have the same meaning as when used in lating to service in the employ of an in partnership. sections 210 and 209 of the Act, respec strumentality wholly owned by a foreign (e) Ministers and members of religious tively. For explanations of these terms, government (see § 404.1021); or orders. Except as provided in § 404.1080, see §§ 404.1004 and 404.1026. Generally, (iii) Section 210(a) (15) of the Act, the performance of services by a duly the performance of services by an indi relating to service in the employ of an ordained, commissioned, or licensed vidual as an employee, as defined in sec international organization (see § 404. minister of a church in the exercise of tion 210(j) of the Act (designated section 1025). his ministry, or by a member of a re- FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 71 ligious order in the exercise of duties performance of service to which this the right of an individual to file a waiver required by such order does not consti section applies. certificate shall cease upon his death. tute a trade or business within the mean (b) Waiver certificate. The certificateThus, except as provided in such sec ing of section 211(c) of the Act. Service on Form 2031 shall be filed in triplicate tions, the surviving spouse, administra described in § 404.1015 performed by an with the District Director of Internal tor, or executor of a decedent shall not individual during taxable years for which Revenue for the internal revenue dis be permitted to file a waiver certificate a waiver certificate filed purusant to trict in which is located the legal resi for such decedent. § 404.1080 is in effect constitutes a trade dence or principal place of business of (d) Computation of net earnings. (1) or business within the meaning of section the individual who executes the certifi For the purpose of this section, net earn 211(c) of the Act. cate. If such individual has no legal ings from self-employment shall be de (f) Members of certain religious residence or principal place of business in termined without regard to the fact that, faiths. The performance of service by an any internal revenue district, the cer without an election under the provisions individual during the effective period of tificate shall be filed with the Director described in § 404.1080, the performance an exemption granted to him under sec of International Operations, Internal of services to which § 404.1080 applies tion 1402(h) of the Internal Revenue Revenue Service, Washington, D.C. does not constitute a trade or business Code of 1954 does not constitute a trade 20225, or at such other address as is within the meaning of section 211(c) of or business. designated in the instructions relating the Act. (g) Public office. The performance of to the certificate. If an individual to (2) Where any individual referred to the functions of a public office does not whom paragraph (a) of this section ap in § 404.1080 has gross income in a tax constitute a trade or business. The term plies submits to a District Director of In able year from service to which § 404.1080 “public office” includes any elective or ternal Revenue a dated and signed state applies and also derives income from an appointive office of the United States or ment indicating that he desires to have other trade or business, and where the any possession thereof, or of a State or the Federal old-age^ survivors, and dis deductions allowed by chapter I of the its subdivisions, or of a wholly owned ability insurance system established by Internal Revenue Code of 1954 which are instrumentality of any one or more of title n of the Social Security Act ex attributable to the gross income derived tended to his services, such statement from the service to which § 404.1080 ap the foregoing. For example, the Presi plies equal or exceed the gross income dent, the* Vice President, a governor, a will be treated as a waiver certificate, if mayor, the Secretary of State, a member filed within the time specified in § 404.- thus derived, no part of the earnings of Congress, a State representative, a 1081, provided that without unnecessary from self-employment (computed as de delay such statement is supplemented scribed in subparagraph (1) of this county commissioner, a judge, a county paragraph) for the taxable year shall be or city attorney, a marshal, a sheriff, a by a properly executed Form 2031. The filing of an application for a social secu considered as derived from service to register of deeds, or a notary public per which § 404.1080 applies. forms the functions of a public office. rity account number or the filing of an income tax return showing an amount (e) Examples. The application of the (h) Individuals under railroad retire representing self-employment income rules set forth in paragraphs (a), (b), ment system. The performance of serv or self-employment tax shall not be con and (d) of this section may be illus ice by an individual as an employee or strued to constitute an election under trated by the following examples: employee representative as defined in this section. Example (1). M was ordained as a minister section 3231 (b) and (c ); respectively of in May 1962. During each one of the taxable the Internal Revenue Code of 1954, that § 404.1081 Time limitation for filing years 1962 and 1965, M, who makes his in is, an individual covered under the rail waiver certificate. come tax returns on a calendar basis, derives road retirement system, does not con (a) General rule. A waiver certificate net earnings in excess of $400 from his ac stitute a trade or business. on Form 2031 must be filed on or before tivities as a minister. M has net earnings of the due date of the individual’s income $350 for each of the taxable years 1963 and § 404.1080 Election of self-employ 1964, $200 of which is derived from service ment coverage; waiver certificate. tax return, including any extension performed by him as a minister. If M wishes thereof (see sections 6072 and 6081 of (a) In general. Any individual who is: to have the Federal old-age, survivors, and the Internal Revenue Code of 1954), for disability insurance system established by (1) A duly ordained, commissioned, his second taxable year ending after title II of the Social Security Act extended or licensed minister of a church or a 1954 for which he has net earnings from to his services as a minister, he must file member of a religious order (other than self-employment (computed as pre the waiver certificate on or before the due a member of a religious order who has scribed in paragraph (d) of this section) date of his income tax return for 1965, or any taken a vow of poverty as a member of of $400 or more, any part of which is extension thereof. such order) or Example (2). M, who was ordained a minis derived from service to which § 404.1080 ter in January 1964, is employed as a tool- (2) A Christian Science practitioner applies. maker by the XYZ Corporation for the may elect to have the Federal old-age, (b) Special rules. Where a waiver cer taxable years 1964 and 1965 and also engages survivors, and disability insurance sys tificate is not filed within the time in activities as a minister on weekends. M tem established by title n of the Act limit specified in paragraph (a) of this makes his income tax returns on the basis extended to service performed by him section, an otherwise valid waiver certifi of a calendar year. During each of the tax in the exercise of his ministry or in the cate filed thereafter will nevertheless able years 1964 and 1965, M receives wages of $4,800 from the XYZ Corporation and exercise of duties required by such or be effective if it is filed within the follow derives $400 (all of which constitutes net der as defined in § 404.1015, or in the ing periods: earnings from self-employment computed as exercise of his profession as a Christian (1) August 31, 1957, and the due date prescribed in paragraph (d) of this section) Science practitioner, as the case may be. (including any extension thereof) of the from his activities as a minister. In such Such an election shall be made by filing income tax return for the individual’s case if M wishes to have the Federal old- a certificate on U.S. Treasury Depart second taxable year after 1956, or age, survivors, and disability insurance sys m ent-Internal Revenue Service—Form (2) September 14, 1960, and the due tem established by title II of the Social Se curity Act extended to his services as a 2031 (Waiver Certificate to Elect Social date (including any extension thereof) minister, he must file the waiver certificate Security Coverage for Use by Ministers, of the individual’s second taxable year on or before the due date of his income tax Certain Members of Religious Orders, ending after 1959,'or return for 1965 or any extension thereof. and Christian Science Practitioners) in (3) October 14, 1964, and the due date A waiver certificate filed after such date the manner provided in paragraph (b) (including any extension thereof) for the will be invalid. It should be noted that al of this section and within the time individual’s second taxable year ending though by reason of section 211(b)(1)(C) specified in § 404.1081. If an individual after 1962. of the Act no part of the $400 represents “self-employment income,” nevertheless the to whom this section applies makes an (4) July 31,1965, and the due date (in entire $400 constitutes “net earnings from election by filing such form, such in cluding any extension thereof) for the employment” for purposes of fulfilling the dividual shall, for each taxable year for individual’s second taxable year ending requirements described in this section. which the election is effective (see § 404. after 1963. Example (3). M, who files his income tax 1082), be considered as carrying on a (c) Effect of death. Except as set forth returns on a calendar year basis, was or trade or business with respect to the in § 404.1083, § 404.1084, and § 404.1085, dained as a minister in June 1964. During FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 No. 2- -6 72 RULES AND REGULATIONS 1964 he receives $410 for services performed earnings from self-employment (deter Any payment or repayment described in in the exercise of his ministry. In addition to mined as provided in paragraph (d) of this subparagraph shall not constitute his ministerial services, M is engaged dur ing the year 1964 in a mercantile venture § 404.1081) some part of which is de an overpayment within the meaning of from which he derives net earnings from rived from service to which § 404.1080 section 6401 of the Internal Revenue self - employment in the amount of $1,000. applies, it must be filed on or before the Code of 1954 which relates to amounts The expenses incurred by him in connection due date for filing the income tax re treated as overpayments. with his ministerial services dining 1964 and turn of the individual for such first or Example. M, who files his income tax re which are allowable deductions under chap second taxable year, respectively, or any turns on a calendar year basis, was ordained ter I of the Internal Revenue Code of 1954 extension thereof. as a minister in 1956, and his net earnings amount to $410. During 1965 and 1966 M from service performed in the exercise of his has net earnings from self-employment in (2) Supplemental certificates—(i) Filed before due date of 1958 return. ministry during each of the years 1956 and amounts qi $1,200 and $1,500, respectively, 1957 were $400 or more. On July 15, 1957, M and some part of each of these amounts is If under subparagraph (1) of this para filed a waiver certificate which became effec from the exercise of his ministry. The de graph the certificate is effective only for tive, at the time of filing, for 1957 and all ductions allowed in each of the years 1965 the individual’s third or fourth taxable succeeding taxable years. Since the certificate and 1966 by chapter I of the Internal Reve year ending after 1954 and all succeed was not filed on car before April 15, 1957 (the nue Code oi 1954 which are attributable to ing taxable years, the individual may due date of M’s income tax return for the the gross income derived by M from the exer taxable year 1956), and since there was no cise of his ministry in each of such years, make such a certificate effective for his first taxable year ending after 1955 and extension of time for filing his 1956 income respectively, do not equal or exceed such tax return, the certificate was not, at the gross income in such year. If M wishes to all succeeding taxable years by filing a time of filing, effective for the taxable year have the Federal old-age, survivors, and dis supplemental certificate on Form 2031. 1956. M files a supplemental certificate on ability insurance system established by title To be valid the supplemental certificate April 17, 1961. If, in addition to the filing of n of the Social Security Act extended to his must be filed after August 30, 1957, and the supplemental certificate, M pays on or services as a minister, he must file a waiver on or before the due date of the return before April 16, 1962, the self-employment certificate on or before the due date of his (including any extension thereof) for tax in respect of all his self-employment income tax return (including any extension income (except for underpayments of tax thereof) for 1966. his second taxable year ending after 1956 and must be otherwise in accord attributable to errors made in good faith) Example (4). M, a licensed minister who for his taxable year 1956, and repays, on or makes his Income tax returns on the basis ance with § 404.1080. before April 16, 1962, the amount of any re of a calendar year, derived net earnings Example. M, who files his income tax re fund (including any interest paid under sec of $400 or more from the exercise of his turns on a calendar year basis, was ordained tion 6611 of the Internal Revenue Code of ministry for two or more of the taxable years as a minister in 1956, and his net earnings 1954) that has been made of any such tax 1955 to 1965, inclusive. In such case, if M from service performed in the exercise of which (but for the provisions described in wishes to have the Federal old-age, sur his ministry during such year were $400 or § 404.1082(a)) is an overpayment, the cer vivors, and disability insurance system es more. M had no net earnings from the exer tificate filed by M on July 15, 1957, becomes tablished by title II of the Social Security cise of his ministry during 1957. On July 15, effective far the year 1956 and all succeed Act extended to his services as a minister, he 1957, M filed a waiver certificate and indi ing taxable years. must file the waiver certificate on or before cated thereon that it was to become effective the due date (Apr. 15, 1966), prescribed for fear the taxable year 1958. At the time of (b) Filed after August 30, 1957, and filing his income tax return for 1965, or any filing, the certificate was effective for 1958 on or before the due date of the 1958 extension thereof. A waiver certificate filed and aU succeeding taxable years. Since the return. A certificate on Form 2031 filed after such date will be invalid. certificate was not filed on or before April by an individual after August 30, 1957, 15, 1957 (the due date of M’s income tax but on or before the due date of the re § 404.1082 Effective date of waiver return for the taxable year 1956), and since turn (including any extension thereof) certificate. there was no extension of time for filing his for his second taxable year ending after (a) Filed before August 31, 1957—(1) 1956 income tax return, the certificate was not, at the time of filing, effective for the 1956, in accordance with the provisions In general. A waiver certificate on Form taxable year 1956. M files a supplemental of section 1402(e) of the Internal Reve 2031 filed before August 31, 1957, in ac certificate on April 15, 1958. By the filing of nue Code of 1954 in effect at the time cordance with the provisions of section the supplemental certificate, the certificate the certificate is filed, shall be effective 1402(e) of the Internal Revenue Code filed by M on July 15, 1957, was made effec for his first taxable year ending after of 1954 (see §404.1080 to 404.1082, in tive for the year 1956 and all succeeding tax 1955, and all succeeding taxable years. clusive) in effect at the time the certi able years. (c) Filed after due date of 1958 return. ficate is filed, shall be effective for the (ii) Filed after September 13, 1960, Except as otherwise set forth in para first taxable year with respect to which and on or before April 16, 1962. If under graphs (d) and (e) of this section and it is filed, and all subsequent taxable subparagraph (1) of this paragraph the in § 404.1083, a waiver certificate on years. In order for such a certificate to certificate is effective only for the indi Form 2031 filed by an individual in ac be effective, it must be made effective vidual’s first taxable year ending after cordance with the provisions described in for either the first or second taxable year 1956 and all succeeding taxable years, §§ 404.1080 to 404.1081 after the due date ending after 1954 in which the individual the individual may make such certificate of the return (including any extension has net earnings from self-employment effective for his first taxable year end thereof) for his second taxable year end of $400 or more (determined as provided ing after 1955 and all succeeding tax ing after 1956 shall be effective for the in paragraph (d) of § 404.1081) some able years by: taxable year-immediately preceding the part of which is derived from service to (a) Filing a supplemental certificate earliest taxable year for which, at the which § 404.1080 applies. However, a on Form 2031, after September 13, 1960, time the certificate is filed, the period for certificate on Form 2031, filed -»before and before April 17,1962; filing a return (including any extension August 31, 1957, even though filed with thereof) has not expired, and for all in the time specified in paragraph (a) (1) (b) Paying on or before April 16,1962, succeeding taxable years. (ii) of § 404.1081, may not be effective, the tax under section 1401 of the Inter except as provided in subparagraph (2) nal Revenue Code of 1954 in respect of Example. M, a duly ordained minister of a all the individual’s self-employment in church, makes his income tax returns on the of this paragraph, for any taxable year basis of a calendar year. M has not been with respect to which the due date for come (except for underpayments of tax granted an extension time for filing any re filing the individual’s income tax return attributable to errors made in good turn. On April 15, 1963, the due date of his (including any extension thereof) has faith) for his first taxable year ending income tax return for 1962, M files a waiver expired at the time such certificate is after 1955; and certificate pursuant to § 404.1080 and within filed. Further, a waiver certificate on (c) By repaying on or before April 16, the time limitation set forth in § 404.1081. Form 2031 may not be effective for any On April 15, 1963, the year 1962 is the earliest 1962, the amount of any refund (includ taxable year for which the period for filing taxable year ending before 1955. In order ing any interest paid under section 6611 a return has not expired. Consequently, M’s for a certificate filed before August 31, of the Internal Revenue Code of 1954) certificate is effective for 1961 and all suc 1957, except for the filing of a supple ceeding taxable years. M must report and mental certificate, to be effective for the that has been made of any such tax pay any self-employment tax due for 1961 first or second taxable year ending after which (but for the provisions described and 1962. (The tax, if any, for 1962 is due 1954 in which the individual has net in this paragraph) is an overpayment. on Apr. 15, 1963.) Inasmuch as the due date FEDERAL REGISTER, V O L 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 73 of the tax for 1961 Is April 16, 1962, M must § 404.1083 Optional provision for cer of 1954) is repaid on or before April 16, p&y interest on any tax due for 1961. For tain certificates filed after September 1962. provisions relating to such interest, see sec 13, 1960, and on or before April 16, (b) Supplemental certificates. (1) tion 6601 of the Internal Revenue Code of 1 962. Subject to the conditions stated in sub- 1954. (a) Certificates. (1) The optional proparagraph (2) of this paragraph, a (d) Filed after October 13, 1964, and vision contained in section 1402(e)(5) certificate on Form 2031 filed on or on or before due date of 1964 return. A (A) of the Internal Revenue Code of before September 13, 1960, by an indi certificate on Form 2031, filed in accord 1954 (as discussed in this section) may be vidual to whom § 404.1080 applies and ance with §§ 404.1080 to 404.1081, inclu applied to a waiver certificate on Form which (but for section 1402(e) (5) (B) of sive, after October 13, 1964, and on or 2031 filed within the period September the Internal Revenue Code of 1954) is before the due date of the individual’s 14, 1960, to April 16, 1962, inclusive, by ineffective for the first taxable year end tax return (including any extension an individual to whom § 404.1080 ing after 1954 and before 1959 for which thereof) for his second taxable year end applies, who has derived net earnings a return as described in paragraph (a) ing after 1962 (Apr. 15, 1965, in the case in any taxable year ending after 1954 (1) of this section-was filed by such indi of a calendar year taxpayer who has not and before 1960 from service to which vidual, shall be effective for such first been granted an extension of time for § 404.1080 applies and who has reported taxable year and for all succeeding tax filing his income tax return for 1964) such earnings as self-employment in able years, provided a supplemental shall be effective for his first taxable come on a return filed before September * certificate is filed by such individual or year ending after 1961 and all succeed 14, 1960, and on or before the date pre by a fiduciary acting for him or his ing taxable years. scribed for filing such return (including estate, or by his survivor (within the any extension thereof). The certificate meaning of section 205(c) (1) (C) of the Example. M, a duly ordained minister of a Act and § 404.801(e)), after Septem church, makes his income tax returns on the may be filed by such individual or by a basis of a calendar year. M has not been fiduciary acting for such individual or ber 13, 1960, and on or before April 16, granted an extension of time for filing any a fiduciary acting for such individual or 1962. return. On April 15, 1965, the due date of his estate, or by his survivor within the , (2) The filing of a supplemental cer his income tax return for 1964, M files a meaning of section 205(c) (1) (C) of the tificate pursuant to subparagraph (1) of waiver certificate pursuant to § 404.1080 and Act and § 404.801(e), and it must be filed this paragraph will give retroactive effect within the time limitation set forth in after September 13, 1960, and on or to a certificate to which such subpara § 404.1081. M’s certificate is effective for 1962 graph applies only if the following con and all succeeding taxable years, and he must before April 16, 1962. Subject to the conditions stated in subparagraph (2) ditions are met: report and pay any self-employment tax due (i) The tax under section 1401 of the for 1962, 1963, and 1964. (The tax, if any, of this paragraph, such certificate may for 1964 is due on Apr. 15, 1965.) Inasmuch be effective at the election of the person Internal Revenue Code of 1954 is paid as the due dates of the tax for 1962 and 1963 filing it, for the first taxable year end on or before April 16, 1962, in respect of are April 15, 1963, and April 15, 1964, re ing after 1954 and before 1960 for which all self-employment income (whether or spectively, M must pay interest on any tax a return, as described in the first sen not attributable to service to which due for 1962 or 1963. For provisions relating tence of this subparagraph, was filed, § 404.1080 applies) for the first taxable to such interest, see section 6601 of the year for which the certificate is retro Internal Revenue Code of 1954. and for all succeeding taxable years, rather than for the period prescribed in actively effective and for each subsequent (e) Filed after July 30,1965, and on or year ending before 1959; and before due date of 1965 return. A cer § 404.1082. The election for retroactive application of the certificate may be (ii) In any case where refund has been tificate on Form 2031, filed in accordance made by indicating on the certificate the made of any such tax which (but for the with §§ 404.1080 to 404.1081, inclusive, af first taxable year for which it is to be provisions set forth in this section) is ter July 30, 1965, and on or before the effective and that such year is the first an overpayment, the amount refunded due date of the individual’s tax return taxable year ending after 1954 and (including any interest paid under sec (including any extension thereof) for before 1960 for which the individual filed tion 6611 of the Internal Revenue Code his second taxable year ending after 1963 an income tax return on which he re of 1954) is repaid on or before April 16, (Apr. 15, 1966, in the case of a calendar ported, net earnings for such year from 1962. year taxpayer who has not been granted service to which § 404.1080 applies and (c) Underpayment of tax. For pur an extension of time for filing his in by fulfilling the conditions prescribed in poses of this section, any underpayment come tax return for 1965) shall be effec subparagraph (2) of this paragraph. of the tax which is attributable to an tive for his first taxable year ending (2) A certificate to which subpara error made in good faith will not in after 1962 and all succeeding taxable graph (l) .of this paragraph relates may validate an election which is otherwise years. be effective for a taxable year prior to the valid. Example. M, a duly ordained minister of a taxable year immediately preceding the (d) Nonapplicability of section 6401 of church, makes his income tax returns on earliest taxable year for which, at the the Internal Revenue Code of 1954. Any the baste of a calendar year. M has not been time the certificate is filed, the period for payment or repayment described in para granted an extension of time for filing any filing a return (including any exten graph (a) (2) or paragraph (b) (2) of return. On April 15, 1966, the due date of sion thereof) has not expired, only if this, section shall not constitute an his income tax return for 1965, M files a the following conditions are met: overpayment within the meaning of sec waiver certificate pursuant to § 404.1080 and tion 6401 of the Internal Revenue Code within the time limitation set forth in (i) The tax under section 1401 of the of 1954 which relates to amounts treated § 404.1081, M’s certificate is effective for 1963 Internal Revenue Code of 1954 is paid on as overpayments. and all succeeding taxable years, and he or before April 16, 1962, in respect of all must report and pay any self-employment self-employment income (whether or not § 404.1084 Optional provisions for cer tax due for 1963, 1964, and 1965. (The tax, derived from service to which § 404.1080 tain certificates filed after July 30, if any, for 1965 is due on Apr. 15, 1966.) In applies) for the first taxable year ending 1965, and on or before April 17, asmuch as the due dates of the tax for 1963 1967. and 1964 are April 15, 1964, and April 15, after 1954 and before 1960 for which 1965, respectively, M must pay interest on such individual has filed a return, as (a) In general—(1) General rule. Sec any tax due for 1963 or 1964. For provisions described in subparagraph (1) of this tion 1402(e) (5) of the Internal Revenue relating to such interest, see section 6601 of paragraph, and for each succeeding tax Code of 1954, as amended by the Social the Internal Revenue Code of 1954.. . able year ending before 1960; and Security Amendments of 1965, applies (f) Election irrevocable. An election (ii) In any case where refund has been only in the case of an individual to whom made of any such tax which (but for the § 404.1080 applies, who has derived net which has become effective pursuant to provisions described in this section) is earnings in any taxable year ending after this section is irrevocable. A certificate an overpayment, the amount refunded 1954 from the performance of service may not be withdrawn after June 30, (including any interest paid under sec to which § 404.1080 applies, and who has 1961. tion 6611 of the Internal Revenue Code reported such earnings as self-employ- FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 74 RULES AND REGULATIONS ment income on a return filed on or be (b) Underpayment of tax. For pur fore the date prescribed for filing such poses of this section, any underpayment Title 24— HOUSING AND return (including any extension of the tax which is attributable to an thereof). error made in good faith will not invali (2) Supplemental certificate. Subject date an election which is otherwise valid. HOUSING CREDIT to the conditions stated in subparagraph (c) Nonapplicability of section 6401 Chapter II— Federal Housing Admin (4) of this paragraph, a certificate on of the internal Revenue Code of 1954. istration, Department of Housing Form 2031 filed on or before April 15, Any payment or repayment described in 1966, by an individual to whom § 404.- paragraph (a) (4) of this section shall and Urban Development 1080 applies and which (but for section not constitute an overpayment within SUBCHAPTER Q— SUPPLEMENTAL PROJECT 1402(e) (5) (A) of the Internal Revenue the meaning of section 6401 of the Inter LOAN INSURANCE Code of 1954) is ineffective for the first nal Revenue Code of 1954 which relates taxable year ending after 1954 for which to amounts treated as overpayments. PART 241— SUPPLEM ENTARY FI a return described in subparagraph (1) (d) Applicability of §§ 404.1083 and NANCING FOR FHA PROJECT of this paragraph was filed by such in 404.1085. The provisions of section MORTGAGES dividual, shall be effective for such first 1402(e) (5) and (6) of the Internal Subpart A— Eligibility Requirements taxable year and for all succeeding tax Revenue Code of 1954 (in effect prior to able years, provided a supplemental cer July 30, 1965, the date of enactment of U se of Loan P roceeds tificate is filed by such individual or by the Social Security Amendments of 1965) Correction a fiduciary acting for him or his estate, and §§ 404.1083 and 404.1085 shall ap or by his survivor (within the meaning ply with respect to any certificate filed In F.R. Doc. 68-9397 appearing at of section 205(c) (1) (C) of the Act and pursuant to such sections if a supple page 11151 in the issue of Wednesday, § 404.801(e)), after July 30, 1965, and mental certificate is not filed with re August 7, 1968, § 241.125 should read: on or before April 17, 1967. spect to such certificate as provided in § 241.125 Use of loan proceeds. (3) Certificate filed by survivor. A sur this section. vivor (within the meaning of section 205 The proceeds of the loan shall be used (c)(1)(C) of the Act and § 404.801(e)) § 404.1085 Certificates filed by fidu only to finance improvements or addi of an individual who— ciaries or survivors on or before tions to a multifamily project or group April 16,1962. (i) Died on or before April 15, 1966; practice facility which is subject to a (ii) Was an individual to whom § 404.- In any case in which an individual mortgage insured under any section or 1080 applies; whose death has occurred after Septem title of the Act. The proceeds oLa loan (iii) Has filed a return as described in ber 12, 1960, and before April 16, 1962, involving a nursing home covered by a subparagraph (1) of this paragraph for derived earnings from services to which mortgage insured under section 232 of a taxable year ending after 1954; and § 404.1080 applies, a waiver certificate on the Act or a group practice facility Form 2031 may be filed after June 30, covered by a mortgage insured under (iv) Had not filed a valid waiver cer 1961, and on or before April 16, 1962, by title XI of the Act may also be used to tificate on Form 2031, may file a certifi a fiduciary acting for such individual’s purchase equipment to be used in the cate on Form 2031 on behalf of such estate or by such individual’s survivor operation of such nursing home or individual. The certificate must be filed within the meaning of section 205(c) (1) facility. after July 30, 1965, and on or before (C) of the Act and § 404.801(e). Such April 17, 1967. Subject to the conditions certificate shall be effective for the period stated in subparagraph (4) of this para as determined under the provisions de graph, such certificate shall be effective scribed in § 404.1082(c) as if filed by the Title 29— LABOR for the first taxable year ending after individual on the date of his death. 1954 for which a return, as described in Chapter V— Wage and Hour Division, subparagraph (1) of this paragraph, § 404.1090 Effective dates of revenue Department of Labor was filed by such individual and for all laws; applicability of Internal Reve succeeding taxable years. n u e Code o f 1939. PART 728— HOTEL AND MOTEL (4) Applicable conditions. A supple Provisions of the Internal Revenue INDUSTRY IN PUERTO RICO mental certificate referred to in sub- Code of 1954, to which references are paragraph (2) of this paragraph and a made in this Subpart K, are effective in Wage Order certificate referred to in subparagraph accordance with the rules set forth in Pursuant to sections 5, 6, and 8 of the (3) of this paragraph shall be effective section 7851 of such code (relating to the Fair Labor Standards Act of 1938 (52 only if the following conditions are met: applicability of revenue laws); and, with Stat. 1062, 1064, as amended; 29 U.S.C. (i) The tax under section 1401 of the respect to periods prior to the effective 205, 206, 208) and Reorganization Plan Internal Revenue Code of 1954 is paid on dates prescribed by such section, the No. 6 of 1950 (3 CFR 1949-53 Comp., p. or before April 17, 1967, in respect of 1004), and by means of Administrative all self-employment income (whether or references to such code shall, where ap Order No. 603 (33 F.R. 12103), the Secre not derived from service to which propriate, be deemed also to be refer tary of Labor appointed and convened § 404.1080 applies) for the first taxable ences to corresponding provisions of the Industry Committee No. 78-A for the year ending after 1954 for which the in Internal Revenue Code of 1939. hotel and motel industry in Puerto Rico, dividual (by or in respect of whom the referred to the Committee the question supplemental certificate or certificate is Effective date. The foregoing amend of the minimum wage rate or rates to be filed) has filed a return, as described in ments shall become effective upon pub paid under section 6(c) of the Act to em paragraph (1) of this paragraph, and lication in the F ederal R egister. ployees in the industry, and gave notice for each succeeding taxable year ending Dated: December 19, 1968. of a hearing to be held by the Committee. before January 1,1966; and Subsequent to an investigation and a (ii) In any case where refund has R obert M. Ball, hearing conducted pursuant to the no been made of any such tax which (but Commissioner of Social Security. tice, the Committee has filed with the for section 1402(e)(5) of the Internal Approved: December 26, 1968. Administrator of the Wage and Hour Revenue Code of 1954) is an overpay and Public Contracts Divisions of the ment, the amount refunded (including W ilbur J. Cohen, Department of Labor a report containing Secretary of Health, its findings of fact and recommendations any interest paid under section 6611 of Education, and Welfare. the Internal Revenue Code of 1954) is re with respect to the matters referred to it. paid on or before April 17, 1967. [F.R. Doc. 69-16; Filed, Jan. 2, 1969; Accordingly, as authorized and re 8:46 a.m] quired by section 8 of the Fair Labor FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 75 Standards Act of 1938, Reorganization dustry, and! gave notice of a hearing to § 208.84 Los Banos Detention Dam and Plan No. 6 of 1950, and 29 CFR 511.18, be held by the Committee. Reservoir, Los Banos Greek,. Calif. the recommendations of Industry Com Subsequent to an investigation and a The Bureau of Reclamation, acting mittee No. 78-A are hereby published, to hearing , conducted pursuant to the through the State of California Depart be effective January 19, 1969, m this or notice, the Committee has filed with the ment of Water Resources, shall operate der amending § 728.2 of Title 29, Code Administrator of. the Wage and Hour and or otherwise effect the operation of Los of. Federal Regulations, by revising para Public Contracts Divisions: of the Depart Banos Detention Dam and Reservoir in graphs (a) (1), (b)(1), and (c) (1). As* ment of Labor a report containing its the interest of flood control as follows: amended, § 728.2 reads as follows: findings' of fact and recommendations (a) Storage space in Los Banos Res § 728.2 Wage rates. with respect to the matters referred to it. ervoir of 14,000 acre-feet, below eleva * * * * * Accordingly, as authorized and re tion 353.5 feet (crest of uncontrolled quired by section 8 of the Fair Labor spillway), shall be kept available for (a) Hotels, motels, apartment hotels, Standards Act of 1938, Reorganization and tourist courts with 100 or more sleep flood control purposes on a seasonal Plan No. 6 of 1950, and 29 CFR 51L18, basis in accordance with the Flood Con ing rooms classification. (1) The mini the recommendations of Industry Com mum wage for this classification is $1.15 trol Diagram currently in force for that mittee No. 78-B are hereby published, reservoir. The Flood Control Diagram in per hour for the period ending January to be effective January 19, 1969, in this 31, 1969, $1.30 per hour for the period, force as of the* promulgation of this sec order amending section 729.2 of Title 29, tion is that dated November 11,. 1968, beginning February 1, 1969, and ending Code of Federal Regulations, by revising January 31, 1970, and $1.45 per hour File No. SA-SJ-13-45, and is on file in the paragraphs (a)(1) and (b)(1). As Office of the Chief of Engineers, Depart thereafter. amended, § 729.2 reads as follows: ♦ ♦ * * * ment of the Army, Washington, D.C., in § 7 2 9 .2 W age rates. the Office of the Commissioner of (b) Arts and crafts workers in hotels, Reclamation, Washington, D.C., and in motels-, apartment hotels, and tourist * * * * * the Office of the Director, State of Cali courts with fewer than 100 sleeping (a) Tipped employee classification. fornia Department of Water Resources, rooms classification. (1) The minimum (1) The minimum wage for this classifi Sacramento, Calif. Revisions of the dia wage for this classification is $1.15 per cation is $1.15 per hour for the period gram may be developed from time to hour for the period ending January 31, ending January 31, 1969, $1.30 per hour ■ time as necessary by the Corps of Engi 1969, $1.30'per hour for the period begin for the period beginning February 1, neers and the Bureau of Reclamation. ning February 1,1969, and ending Janu 1969, and ending January 31, 1970, and Each such revision shall be effective upon ary 31, 1970,. and $1.45 per hour there $1.45 per hour thereafter. the date specified in the approval thereof after. * * * * ♦ by the Chief of Engineers and the Com * * * * * (b) Other employees classification. missioner of Reclamation and from that (c) Other workers in hotels, motels, (I) The minimum wage for this classifi date until replaced shall be the Flood apartment hotels, and tourist courts with cation is $1 per hour for the period end Control Diagram for purposes of this fewer than 100 sleeping rooms classifica ing January 31, 1969, $1.17 per hour for section. Copies of the Flood Control Dia tion. (1) The minimum wage for this the period beginning February 1, 1969, gram currently to force shall be kept on classification, is $1 per hour for the period and ending January 31, 1970, and $1.38 file in and may be obtained from the ending January 31, 1969, $1.17 per hour per hour thereafter. office of the District Engineer, Corps of for the period beginning February 1, * * * * * - Engineers, the Regional Director, Bu 1969, and ending January 31, 1970, and (Secs. 5, 6, 8, 52 Stat. 1062, 1064, as amended; reau of Reclamation, and the District Di $1.38 per hour thereafter. 29 U.S.C. 205, 206 and 20») rector, State of California Department of Water Resources, to charge of the ***** Signed at Washington, D.C., this 20th locality. (Secs. 5, 6, 8, 52 Stat. 1062, 1964, as amend day of December 1968. (b> Releases from Los Banos Reser ed; 29 U.S.C. 205, 206, 208) Clarence T. Lundquist, voir shall be restricted insofatr as pos Signed at Washington, D.C., this 19th Administrator, Wage and Hour sible to quantities which will not cause day of December 1968. and Public Contracts Divi flows in Los Banos Creek below the dam to exceed the controlling flow rate, as ClarenceT. Ltjndqxjist, sions, UJ5. Department of Labor. specified on the Flood Control Diagram. Administrator, Wage and Hour Any water temporarily stored to the and Public Contracts Divi [F.R. Doc. 69-46; Filed, Jan. 2, 1969; 8:45 a.m.j flood control space shall be released as sions, U.S_ Department of rapidly as can be safely accomplished Labor. without causing downstream flows to ex [F.R. Doc. 69-45; Filed, Jan. 2, 1969; ceed those criteria. 8:45 ajn.] (c) Nothing to the regulations of this Title 33— NAVIGATION AND section shall be construed to require dan gerously rapid changes in magnitudes of PART 729— RESTAURANT AND FOOD NAVIGABLE WATERS releases or that releases be made at rates SERVICE INDUSTRY IN PUERTO •or in a manner that would be incon RICO Chapter II— Corps of Engineers, sistent with requirements for protecting Department of the Army the dam and reservoir from major Wage Order PART 208— FLOOD CONTROL damage. Pursuant to sections 5, 6, and 8 of the (d) The Bureau of Reclamation, act Fair Labor Standards Act of 1938 (52 REGULATIONS ing through the State of California De Stat. 1062, 1064, as amended; 29 U.S.C. Los Banos Detention Dam and Res partment of Water Resources, shall pro 205, 206, 208) and Reorganization Plan ervoir and Los Banos Creek, Merced cure such current hydrologic data and No. 6 of 1950 (3 CFR 1949-53 Comp., County, Calif. make such current determinations of re p. 1004), and by means of Administra quired flood control space and releases tive Order No. 603 (33 F.R. 12103), the Pursuant to the provisions of section as are required to accomplish the flood Secretary of Labor appointed and con 7 of the act of Congress approved De control objectives prescribed to this vened Industry Committee No. 78-B for cember 22, 1944 (58 Stat. 890; 33 U.S.C. section. the restaurant and food service industry 709), § 208.84 is hereby prescribed to (e) The Bureau of Reclamation, act in Puerto Rico, referred to the Commit govern the use and operation of Los ing through the State of California De Banos Detention Dam and Reservoir on partment of Water Resources, shall keep tee the question of the minimum wage Los Banos Creek, tributary to San Joa the District Engineer, Corps of Engi rate or rates to be paid under section quin River, Calif., for flood control neers, to charge of the locality currently 6(c) of the Act to employees, to the in purposes. advised of reservoir releases, reservoir FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 76 RULES AND REGULATIONS storage, and such other operating data of the Barkley Dam and Lake Barkley of this form is mandatory for all nego as the District Engineer may request, and Project, the Kentucky Woodlands Na tiated procurements, unless the Contrac also those basic operating criteria which tional Wildlife Refuge, and the Cross ting Officer waives this requirement in affect the schedule of operation. Creeks National Wildlife Refuge, as writing. The offeror must also submit (f) The flood control regulations offollows; supplementary information as detailed this section are subject to temporary a. For use of the Corps of Engineers, on the form. If, by FPR 1-3.807-3 and modification by the District Engineer, those portions of the lands in Kentucky 1-3.807-4, a “Certificate of Current Cost Corps of Engineers, if found necessary. lying,below the contour line of 359 feet or Pricing Data” is required in connec Requests for and action on such modifi mean sea level, subject to certain rights tion with the procurement, this docu cation may be made by any available and privileges of the Bureau of Sport ment should also be appended to the “Of means of communication and the action Fisheries and Wildlife, as more partic feror’s Analysis of Cost Proposal” form. taken by the District Engineer shall be ularly described in the said memorandum confirmed in writing under date of same of understanding of November 9, 1962, as day to the office of the Regional Director supplemented. PART 7-16— PROCUREMENT FORMS of the Bureau of Reclamation and the b. For use of the Bureau of Sport Fish 1. The table of contents of Part 7-16 office of the District Director, State of eries and Wildlife, those portions of the is revised to add: California Department of Water Re lands in Kentucky lying above the con sources in charge of the operations. 7-16.255 Offeror’s Analysis of Cost Proposal. tour line of 359 feet mean sea level, and 7-16.955 Form for Offeror’s Analysis of Cost [Regs., Nov. 11, 1968, ENGCW-EY] (Sec, those portions of the lands in Tennessee Proposal. 7, 58 Stat. 890; 33 U.S.C. 709) lying above the contour line of 360 feet mean sea level, subject to certain rights Subpart 7—16.2— Forms for Nego For the Adjutant General. and privileges of the Corps of Engineers tiated Supply Contracts H arold Sharon, as described in the memorandum of un Chief, Legislative and Precedent derstanding of November 9, 1962, as sup 1. New § 7-16.255 is added as follows: Branch, Office of the Comp plemented, including the right in per § 7—16.255 Offeror’s Analysis of Cost troller, TAGO. petuity to seep and flood the said lands Proposal. [F.R. Doc. 69-61; Filed, Jan. 2, 1969; to an altitude of 378 feet mean sea level. The requirement for use of this form 8:46 a.m.] 2. Copies of the memorandum of agree ment of November 9, 1962, the supple is set forth in AIDPR 7-3.807-2. ment thereto, and attachments, are Subpart 7—16.9— Illustration of Forms available for inspection in the office of Title 43— PUBLIC LANDS: the District Engineer, U.S. Army Engi ¡1. New § 7-16.955 is added as follows: neer District, 306 Federal Office Build § 7—16.955 Form for Offeror’s Analysis INTERIOR ing, Nashville, Tenn. 37203, and of the of Cost Proposal. Regional Director, Bureau of Sport I nstructions to Offerors Subtitle A— Office of the Secretary Fisheries and Wildlife, 809 Peachtree- 1. The “Offeror’s Analysis of Cost Pro of the Interior Seventh Building, Atlanta, Ga. 30308. posal” 1 form is a standardized document APPENDIX— PUBLIC LAND ORDERS H arry R. Anderson, which an offeror must submit to the Agency Assistant Secretary of the Interior. for International Development (A.I.D.) in [Public Land Order 4560] connection with all negotiated procure December 27,1968. KENTUCKY AND TENNESSEE ments. (See AIDPR 7-3.807.2(c).) [F.R. Doc. 69-32; Filed, Jan. 2, 1969; 2. Use of this form is mandatory, unless Reservation for Barkley Dam and lake 8:45 a.m.] the Contracting Officer waives this require ment in writing. Where a particular cost Barkley Project, the Kentucky element is not appropriate for the procure Woodlands National Wildlife Ref ment, indicate “Not Applicable” or “NA” uge, and the Cross Creeks National on the form. Title 41— PUBLIC CDNTRACTS 3. The offeror must also submit the supple Wildlife Refuge mentary data as detailed in the “Notes” on By virtue of the authority vested in the AND PROPERTY MANAGEMENT the reverse side. If a Certificate of Current President and pursuant to Executive Cost or Pricing Data is required by FPR Chapter 7— Agency for International 1-3.807-3 and 1-3.807-4 for the procurement, Order No. 10355 of May 26, 1952 (17 F.R. it should also be appended to this form. 4831), it is ordered as follows: ~ Development, Department of State 4. By submission of this proposal, the 1. Those certain land's and interests in offeror grants to the Contracting Officer or lands in Kentucky and Tennessee more MISCELLANEOUS AMENDMENTS TO his authorized representative, the right to particularly described in a memorandum CHAPTER examine, for the purpose of verifying the of understanding executed on November Chapter 7 of Title 41 is amended as cost or pricing data submitted, those books, 9, 1962, between the District Engineer, records, documents, and other supporting follows: data which will permit adequate evaluation U.S. Army Engineer District, Nashville, of such cost or pricing data, together with Tenn., and the Regional Director, Bureau PART 7-3— PROCUREMENT BY the computations and projections used of Sport Fisheries and Wildlife, Atlanta, NEGOTIATION therein. This right may be exercised in con Ga., as supplemented April 4, 1967, and nection with any negotiations prior to con as shown on maps made a part of the 1. The table of contents for Part 7-3 tract award. said agreement, which lands in Kentucky is revised to insert “7-3.807-2 Require 5. The “Notes” on the reverse side, in lie generally between the Tennessee ments for Price or Cost Analysis”. addition to detailing the required supple River on the west and the Cumberland mental data, provide information which will Subpart 7—3.8— Procurement by be of use in completing the “Cost Proposal” River on the east, and which are bounded Negotiation below. generally on the south by U.S. Highway No. 68, and on the north by an irregular 1. New § 7-3.807-2 is added as follows: This amendment is effective upon pub east-west line 5 miles, more or less, south § 7—3.807—2 Requirements for price or lication in the F ederal R egister. of U.S. Highway 62, and which lands in cost analysis. Tennessee are located along the Cumber Dated: December 24, 1968. land River for a distance of about 10 § 7—3.807—2(c) Offeror’s analysis of Edward Tennant, miles, between the towns of Dover on the cost proposal. Acting Assistant Administrator north and Cumberland City on the south, The “Offeror’s Analysis of Cost Pro for Administration. are hereby reserved for the respective posal” form contained in AIDPR 7-16.955 [F.R. Doc. 69-44; Filed, Jan. 2, 7 1969; purposes of the Corps of Engineers and provides for a standardized analysis of 8:45 a.m.] the Bureau of Sport Fisheries and Wild estimated costs suitable for detailed re life in the operation and management view to be submitted by an offeror. Use 1 Filed as part of original document. FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RULES AND REGULATIONS 77 Special Conditions: Special Conditions: Refuge closed to Title 50— WILDLIFE AND (1) The taking of frogs is permitted fishing during the migratory waterfowl except that the refuge Is closed to sport hunting season. FISHERIES fishing and the taking of frogs during The provisions of these special regula tions supplement the regulations which Chapter I— Bureau of Sport Fisheries the migratory waterfowl hunting season. (2) The use of boats without motors govern fishing on wildlife refuge areas and Wildlife, Fish and Wildlife is permitted for fishing and the taking generally which are set forth in Title 50, Service, Department of the Interior of frogs. Code of Federal Regulations, Part 33, and are effective through December 31, PART 33—-SPORT FISHING San Luis National Wildlife Refuge, * Post Office Box 2176, Los Banos, Calif. 1969. Colusa National Wildlife Refuge, 93635. T ravIs S. R oberts, Calif, et al. Special Condition: Acting Regional Director, Bu Fishing permitted from sunrise to 1 reau of Sport Fisheries and The following special regulations are hour after sunset. Wildlife. issued and are effective on date of pub Saltón Sea National Wildlife Refuge, December 24,1968. lication in the F ederal R egister. Post Office Box 247, Calipatria, Calif. [F.R. Doc. 69-39; Filed, Jan. 2, 1969; § 33.5 Special regulations; sport fishing; 92233. 8:45 a.m.] for individual wildlife refuge areas. Special Condition: Fishing is per General Conditions: Fishing shall be mitted in that portion of the refuge in accordance with applicable State reg which is inundated by the Saltón Sea. PART 33— SPORT FISHING ulations. Portions of refuges which are The provisions of these special regula tions supplement the regulations which McNary National Wildlife Refuge, open to fishing are designated by signs Wash. and/or delineated on maps. The maps govern fishing on wildlife refuge areas are available at the respective refuge generally which are set forth in Title The following special regulation is is headquarters and from the office of the 50, Code of Federal Regulations, Part 33, sued and is effective on date of publica Regional Director, Bureau of Sport and are effective to January 1, 1970. tion in the F ederal R egister. Fisheries and Wildlife, 730 Northeast T ravés S. R oberts, § 33.5 Special regulations; sport fishing; Pacific Street, Portland, Oreg. 97208. Acting Regional Director, Bu for individual wildlife refuge areas. California reau of Sport Fisheries and Wildlife. Washington Colusa National Wildlife Refuge m’nary national wildlife refuge (Headquarters: Sacramento National December 24, 1968. Wildlife Refuge, Route % Box 311, Wil [F.R. Doc. 69-38; Filed, Jan. 2, 1969; General Conditions: Fishing shall be lows, Calif. 95988). 8:45 a.m.] in accordance with applicable State reg Special Conditions: ulations. Portions of the refuge which (1) The taking of frogs is permitted are open to fishing are designated by except that the refuge is closed to sport PART 33— SPORT FISHING signs and/or delineated on maps avail fishing and the taking of frogs during the Charles Sheldon Antelope Range, able at the refuge headquarters, Post migratory waterfowl hunting season. Nev. Office Box 19, Burbank, Wash. 99323, and (2) The use of boats without motors from the office of the Regional Director, is permitted for fishing and the taking The following special regulations are Bureau of Sport Fisheries and Wildlife, of frogs. issued and are effective on date of pub 730 Northeast Pacific Street, Portland, Delevan National Wildlife Refuge lication in the F ederal R egister. Oreg. 97208. (Headquarters: Sacramento National § 33.5 Special regulations; sport fishing; Special Conditions: Wildlife Refuge, Route 1, Box 311, Wil for individual wildlife refuge areas. (1) The refuge is closed to sport fish lows, Calif. 95988). ing during the migratory waterfowl Special Conditions: General Conditions: Fishing shall be hunting season. in accordance with applicable State reg (1) The taking of frogs is permitted (2) The use of boats or floating devices except that the refuge is closed to sport ulations. Portions of refuges which are open to fishing are designated by signs of any description is prohibited. fishing and the taking of frogs during and/or delineated on maps, which are The provisions of this special regula the migratory waterfowl hunting season. available at the respective refuge head tion supplement the regulations which (2) The use of boats without motors quarters and from the office of the govern fishing on wildlife refuge areas is permitted for fishing and the taking Regional Director, Bureau of Sport Fish generally and which are set forth in Title of frogs. eries and Wildlife, 730 Northeast Pacific Street, Portland, Oreg. 97208. 50, Code of Federal Regulations, Part 33, Modoc National Wildlife Refuge and are effective to January 1, 1970. (Headquarters: Post Office Box 111, Nevada T ravis S. R oberts, Lakeview, Oreg.). Charles Sheldon Antelope Range Acting Regional Director, Bu Special Condition: (Headquarters: Post Office Box 111, reau of Sport Fisheries and Fishing will not be permitted during Lakeview, Oreg. 97630). Wildlife, Portland, Oreg. the migratory waterfowl hunting season. Ruby Lake National Wildlife Refuge, Ruby Valley, Nev. 89833. December 24,1968. Sacramento National Wildlife Refuge, Stillwater National Wildlife Refuge, [F.R. Doc. 69-40; Filed, Jan. 2, 1969; Route 1, Box 311, Willows, Calif. 95988. Fallon, Nev. 89406. 8:45 a.m.] FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 78 Proposed Rule Making any appropriate modifications thereof, butterfat basis by the butterfat differen DEPARTMENT OF AGRICULTURE to the tentative marketing agreements tial for the respective month computed and to the orders. pursuant to § 1071.52(b). CONSUMER AND MARKETING The proposed amendments, set forth (1) The average price for milk for below, have not received the approval of manufacturing purposes, f.o.b. plants, as SERVICE the Secretary of Agriculture. reported by the U.S. Department of Ag riculture on a preliminary basis for the [7 CFR Parts 1071, 1104, 1106 1 Proposed by Milk Producers, Inc.: Proposal No. 1. Amend § 1106.7(c) of month; or [Dockets Nos. AO-227-A23, AO-298-A15, AO- the Oklahoma Metropolitan milk order * * * * * 210-A27] “Distributing Plant’' by deleting the Proposed by Oklahoma State Univer MILK IN THE NEOSHO VALLEY, RED words “on routes” after the word “milk” sity: RIVER VALLEY, AND OKLAHOMA and before the word “and”. Proposal No. 4. That a milk plant Proposal No. 2. Amend the introduc METROPOLITAN MARKETING operated by a governmental institution tory text of § 1106.51(b) preceding the shall be exempt from regulation of the AREAS proviso therein to read as follows: Oklahoma Metropolitan order. Notice of Hearing on Proposed §1106.51 Class prices. Proposed by the Dairy Division, Con Amendments to Tentative Market ♦ * * * * sumer and Marketing Service: ing Agreements and Orders (b) Class II milk. The price per hun Proposal No. 5. Make such changes as may be necessary to make the entire Pursuant to the provisions of the Ag dredweight for Class n milk shall be the average price for milk of 3.5 percent marketing agreements and the orders ricultural Marketing Agreement Act of conform with any amendments thereto 1937, as amended (7 U.S.C. 601 et seq.), butterfat for manufacturing purposes, f.o.b. plants, as reported by the U.S. De that may result from this hearing. and the applicable rules of practice and Copies of this notice of hearing and the procedure governing the formulation of partment of Agriculture on a preliminary marketing agreements and marketing basis for the month: orders may be procured from the Market * * * * * Administrators, Richard E. Arnold, Post orders (7 CFR Part 900), notice is hereby Office Box 45563, Tulsa, Okla. 74145, given of a public hearing to be held in (The Class II price of the Red River Kenneth M. Fell, Post Office Box 1961, the Spain Room, Quality Courts Motel, Valley order is determined from the 3131 East 51st Street, Tulsa, Okla., be Oklahoma Metropolitan order Class II Main Office, Wichita, Kans. 67201, or ginning at 9:30 a.m., c.s.t., on January 9, price formula.) from the Hearing Clerk, Room 112-A, 1969, with respect to proposed amend Proposal No. 3. Amend § 1071.51(b) Administration Building, U.S. Depart ments to the tentative marketing agree and (b) (1) of the Neosho Valley order ment of Agriculture, Washington, D.C. ments and to the orders, regulating the to read as follows: 20250 or may be there inspected. handling of milk in the Neosho Valley, Red River Valley, and Oklahoma Metro § 1071.51 Class prices. Signed at Washington, D.C., on De politan marketing areas. * * * * * cember 30, 1968. The public hearing is for the purpose (b) Class II milk. The price per hun G. R. G range, of receiving evidence with respect to the dredweight for Class II milk shall be the Acting Deputy Administrator, economic and emergency marketing higher of the prices computed pursuant Regulatory Programs. conditions which relate to the proposed to subparagraphs (1) and (2) of this [F.R. Doc. 69-63; Filed, Jan. 2, 1969; amendments, hereinafter set forth, and paragraph adjusted to a 3.5 percent 8:46 a.m.j FEDERAL REGISTER, VOL. 34, Mo. 2— FRIDAY, JANUARY 3, 1969 79 Notices cant will be required to file an agreement Corp. FPC Gas Rate Schedule No. 195. FEDERAL POWER COMMISSION and undertaking to assure the refund of The contract comprising said rate sched any amounts collected by it in excess of ule will also be accepted for filing as [Docket No. 0-3719 etc.] the amount determined to be just and Applicant’s FPC gas rate schedule. The. GETTY OIL CO. ET AL. reasonable in said proceeding. presently effective rate under said rate Austin Brady, Applicant in Docket No. schedule is in effect subject to refund in Findings and Order After Statutory G-11759, proposes to continue the sale of Docket No. RI68-133. Applicant has filed Hearing natural gas heretofore authorized in said a motion to be made a party respondent D ecember 17, 1968. docket to be made pursuant to Amerada in said proceeding, together with an Petroleum Corp. FPC Gas Rate Schedule agreement and undertaking to assure the Findings and order after statutory No. 59. The contract comprising said rate refund of any amounts collected by it in hearing issuing certificates of public schedule will be redesignated as that of excess of the amount determined to be convenience and necessity, canceling Applicant. The presently effective rate just and reasonable in said proceeding. docket number, amending orders issuing under Amerada’s rate schedule is in Therefore, Applicant will be made a co certificates, permitting and approving effect subject to refund in Docket No. respondent in Docket No. RI68-133; the abandonment of service, terminating RI63-89. Therefore, Applicant will be proceeding will be redesignated accord certificates, making successors co-re made a co-respondent in said proceeding; ingly; and the agreement and under spondents, redesignating proceedings, re the proceeding will be redesignated ac taking will be accepted for filing. quiring filing of agreements and under cordingly; and Applicant will be required Tenneco Oil Co., Applicant in Docket takings, accepting agreements and un to file an agreement and undertaking to No. CI69-313, proposes to continue in dertakings for filing, and accepting assure the refund of any amounts col part the sale of natural gas heretofore related rate schedules and supplements lected by him in excess of the amount authorized in Docket No. G-4547 to be for filing. determined to be just and reasonable in made pursuant to Sinclair Oil Corp. FPC Each of the Applicants listed herein said proceeding. Gas Rate Schedule No. 272. The con has filed an application pursuant to sec S. J. Knuckley, d.b.a. United Produc tract comprising said rate schedule will tion 7 of the Natural Gas Act for a cer tion Co., Applicant in Docket No. CT69- also he accepted for filing as a rate tificate of public convenience and neces 10, proposes to continue in part the sale schedule of Applicant. The presently ef sity authorizing the sale and delivery of of natural gas heretofore authorized in fective rate under said rate schedule is natural gas in interstate commerce or Docket No. CI63-1337 to be made pursu in effect subject to refund in Docket No. for permission and approval to abandon ant to Maynard Oil Co. FPC Gas Rate RI64-483. Therefore, Applicant will be service or a petition to amend an order Schedule No. 3. A letter agreement adopt made a co-respondent in said proceeding; issuing a certificate, all as more fully set ing the terms of and ratifying the con the proceeding will be redesignated ac forth in the applications and petitions, tract comprising said rate schedule will cordingly ; and Applicant will be required as supplemented and amended. be accepted for filing as Applicant’s rate to file an agreement and undertaking to Applicants have filed related FPC gas schedule. The presently effective rate un assure the refund of any amounts col rate schedules or supplements thereto der Maynard’s rate schedule is in effect lected by it in excess of the amount de and propose to initiate, abandon, add to, subject to refund in Docket No. RI67- termined to be just and reasonable in or discontinue in part natural gas service 299. Therefore, Applicant will be made a said proceeding. in interstate commerce as indicated in co-respondent in said proceeding; the Samedan Oil Corp. (Operator) et al., the tabulation herein. All sales certifi proceeding will be redesignated accord Applicant in Docket No. CI69-314, pro cated herein are at rates either equal ingly; and Applicant will be required to poses to continue in part the sale of to or below the ceiling prices established file an agreement and undertaking to natural gas heretofore authorized in by the Commission’s statement of gen assure the refund of any amounts col Docket No. CI65-1001 to be made pur eral policy No. 61-1, as amended, or in lected by him in excess of the amount suant to Amerada Petroleum Corp. (Op volve sales for which permanent certifi determined to be just and reasonable in erator) et al., FPC Gas Rate Schedule cates have been previously issued; ex said proceeding. No. 129. The contract comprising said cept tliat sales from the Permian Basin King Resources Co., Applicant in rate schedule will also be accepted for area of Texas and New Mexico are au Docket No. CI69-113, proposes to con filing as Samedan’s FPC Gas Rate thorized to be made at or below the ap tinue in part the sale of natural gas Schedule No. 29. The presently effective plicable area base rates, adjusted for heretofore authorized in Docket No. rate under Amerada’s rate schedule is quality of the gas, and under the con CI68-1285 to be made pursuant to Border in effect subject to refund in Docket No. ditions prescribed in Opinion Nos. 468 Exploration Co. FPC Gas Rate Schedule RI68-120. Therefore, Samedan will be and 468-A, 34 FPC 159 and 1068. No. 1. The contract comprising said rate made a co-respondent in said proceed Pan American Petroleum Corp. (Op- • schedule will be accepted for filing as ing; the proceeding will be redesignated erator) et al., Applicant in Docket No. Applicant’s FPC Gas Rate Schedule No. accordingly; and the agreement and G-10115, proposes to continue in part 16. The presently effective rate under undertaking submitted by Applicant to pursuant to its presently filed FPC Gas Border’s rate schedule is in effect subject assure the refunds of any amounts col Rate Schedule No. 150 sales of natural to refund in Docket No. RI67-169. There lected by it in excess of the amount de gas heretofore authorized in Dockets Nos. fore, King Resources Co. will be made a termined to be just and reasonable in G-10775, G-10904, and G-10963 to be co-respondent in said proceeding; the said proceeding will be accepted for made pursuant to Sunray DX Oil Co. proceeding will be redesignated accord filing. FPC Gas Rate Schedule No. 122, Mara ingly; and King will be required to file an The Commission’s staff has reviewed thon Oil Co. FPC Gas Rate Schedule No. agreement and undertaking to assure the each application and recommends each 69 and Sinclair Oil Corp. FPC Gas Rate refund of any amounts collected by it in action ordered as consistent with all sub Schedule No. 325, respectively. The excess of the amount determined to be stantive Commission policies and re presently effective rate under Marathon’s just and reasonable in said proceeding. quired by the public convenience and rate schedule is in effect subject to re Humble Oil & Refining Co., Applicant necessity. fund in Docket No. RI68-222. Therefore, in Docket No. CI69-312, proposes to con After due notice by publication in the Applicant will be made a co-respondent tinue in part the sale of natural gas F ederal R egister, petitions to intervene in said proceeding; the proceeding will heretofore authorized in Docket No. G- by Long Island Lighting Co. and The be redesignated accordingly; and Appli 16139 to be made pursuant to Gulf Oil Brooklyn Union Gas Co. and a no- FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 No. 2-----7 80 NOTICES tice of intervention by The Public Service G-3719, G-3735, G-3811, G-7648, G- (13) It is necessary and appropriate Commission of the State of New York, 10115, G—11759, G-11809, G-17379, G- in carrying out the provisions of the Nat were filed in Docket No. G-3719, in the 19542, CI60-604, CI64-540, CI64-644, ural Gas Act that Austin Brady should be matter of the application filed on CI64-1496, CI65—499, CI65-799, CI65- made a co-respondent in the proceeding April 22, 1968, in said docket. A notice 1025, CI67-248, CI68-603, CI68-625, pending in Docket No. RI63-89, that said of intervention by The Public Service CI68-691, CI68-907, CI68-908, CI68-962, proceeding should be redesignated ac Commission of the State of New York and CI68-109Q should be amended as cordingly, and that Brady should be was filed in Docket No. CI65-499, in the hereinafter ordered and conditioned. required to file an agreement and under matter of the application filed on July 14, (7) It is necessary and appropriatetaking in said proceeding. 1967, in said docket. The petitions to in in carrying out the provisions of the (14) It is necessary and appropriate tervene and the notices of intervention Natural Gas Act and the public con in carrying out the provisions of the Nat have been withdrawn, and no other pe venience and necessity require that the ural Gas Act that S. J. Knuckley, d.b.a. titions to intervene, notices of interven orders issuing certificates of public con United Production Co., should be made tion, or protests to the granting of any venience and necessity in the following a co-respondent in the proceeding pend of the applications have been filed. dockets should be amended to reflect the ing in Docket No. RI67-299, that said At a hearing held on December 13, deletion of acreage where new certificates proceeding should be redesignated ac 1968, the Commission on its own motion are issued herein or existing certificates cordingly; and that Knuckley should received and made a part of the record are amended herein to authorize service be required to file an agreement and un in this proceeding all evidence, includ from the Subject acreage: dertaking in said proceeding. ing the applications and petitions, as Amend New certificate (15) It is necessary and appropriate supplemented and amended, and ex to delete and/or amendment in carrying out the provisions of the Nat hibits thereto, submitted in support of acreage to add acreage ural Gas Act that King Resources Co. the authorizations sought herein, and G-4547 ______CI69-313 should be made a co-respondent in the upon consideration of the record, G—4579 ______CI69-346 proceeding pending in Docket No. RI67- G—4899 ______G-3719 The Commission finds: G—84111 ______CI69-276 169, that said proceeding should be re (1) Each Applicant herein is a G—10775 ______G—10115 designated accordingly, and that King “natural-gas company” within the mean G-10904 ______G—10115 should be required to file an agreement ing of the Natural Gas Act as heretofore G—10963 ______G—10115 and undertaking in said proceeding. found by -the Commission or will be G-16139 ______CI69-312 (16) It is necessary and appropriate engaged in the sale of natural gas in CI61-524 ______CI68—1442 in carrying out the provisions of the Nat interstate commerce for resale for ulti CI61-752 ______CI68—1442 ural Gas Act that Humble Oil & Refining mate public consumption, subject to the ¿CI63-1337 ______CI69-10 CI65—1001 ______CI69-314 . Co. should be made a co-respondent in jurisdiction of the Commission, and CI68—1285 ______CI69-113 the proceeding pending in Docket No. will, therefore, be a “natural-gas com RI68-133, that said proceeding should pany” within the meaning of the Natural 1 Partial succession with respect to Bowserbe redesignated accordingly, and that Gas Act upon the commencement of Gas & Oil Co. FPC Gas Rate Schedule No. 8 and complete succession with respect to the agreement and undertaking sub service under the authorizations herein Bowser Gas & Oil Co. FPC Gas Rate Schedule mitted by Humble in said proceeding after granted. No. 9. should be accepted for filing. (2) The sales of natural gas herein (17) It is necessary and appropriate before described, as more fully described (8) It is necessary and appropriate in in carrying out the provisions of the in the applications in this proceeding, carrying out the provisions of the Nat Natural Gas Act that Tenneco Oil Co. will be made in interstate commerce sub ural Gas Act that the abandonment should be made a co-respondent in the ject to the jurisdiction of the Commis should be permitted and approved in proceeding pending in «Docket No. RI64- sion; and such sales by Applicants, to Docket No. CI62-378 and that the tem 483, that said proceeding should be re gether with the construction and opera porary certificate heretofore issued in designated accordingly, and that Ten tion of any facilities subject to the juris said docket should be terminated. neco should be required to file an diction of the Commission necessary (9) The sales of natural gas proposed agreement and undertaking in said therefor, are subject to the requirements to be abandoned as hereinbefore de proceeding. of subsections (c) and (e) of section 7 scribed and as more fully described in the (18) It is necessary and appropriate of the Natural Gas Act. applications and in the tabulation herein in carrying out the provisions of the (3) Applicants are able and willing are subject to the requirements of sub Natural Gas Act that Samedan Oil Corp. properly to do the acts and to perform section (b) of section 7 of the Natural (Operator) et al., should be made a co the service proposed and to conform to Gas Act. respondent in the proceeding pending the provisions of the Natural Gas Act (10) The abandonments proposed by in Docket No. RI68-120, that said pro and the requirements, rules and regula Applicants herein are permitted by the ceeding should be redesignated accord tions of the Commission thereunder. public convenience and necessity and ingly, and that the agreement and un (4) The sales of natural gas by Ap should be approved as hereinafter dertaking submitted by Samedan in said plicants, together with the construction ordered. proceeding should be accepted for filing. and operation of any facilities subject (11) It is necessary and appropriate (19) It is necessary and appropriate to the jurisdiction of the Commission in carrying out the provisions of the in carrying out .the provisions of the necessary therefor, are required by the Natural Gas Act that the certificates Natural Gas Act that the FPC gas rate public convenience and necessity and heretofore issued to Applicants relating schedules and supplements related to certificates therefor should be issued as to the abandonments hereinafter per the authorizations hereinafter granted hereinafter ordered and conditioned. mitted and approved should be termi should be accepted for filing. (5) It is necessary and appropriate in nated or that the orders issuing said The Commission orders: carrying out the provisions of the certificates should be amended by de (A) Certificates of public convenience Natural Gas Act that Docket No. CI69- leting therefrom authorization to sell and necessity are issued upon the terms 348 should be cancelled and that the ap natural gas from the subject acreage. and conditions of this order authorizing plication filed therein should be proc (12) It is necessary and appropriate sales by Applicants of natural gas in essed as a petition to amend the order in carrying out the provisions of the interstate commerce for resale, together issuing a certificate of public convenience Natural Gas Act that Pan American with the construction and operation of and necessity in Docket No. CI68-625. Petroleum Corp. (Operator) et al., should any facilities subject to the jurisdiction (6) It is necessary and appropriate be made a co-respondent in the proceed of the Commission necessary therefor, in carrying out the provisions of the ing pending in Docket No. RI68-222, that all as hereinbefore described and as more Natural Gas Act and the public con said proceeding should be redesignated fully described in the applications and in venience and necessity require that the accordingly, and that Pan American the tabulation herein. orders issuing certificates of public con should be required to file an agreement (B) The certificates granted in para venience and necessity in Dockets Nos. and undertaking in said proceeding. graph (A) above are not transferable FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUAr.Y 3, 1969 NOTICES 81 and shall be effective only so long as Ap CI68-691 shall file rate schedule quality CI68-691, CI68-907, CI68-908, and CI68- plicants continue the acts or operations statements in the form prescribed in 1090 are amended by adding thereto or hereby authorized in accordance with the Opinion No. 468-A. deleting therefrom authorization to sell provisions of the Natural Gas Act and (c) In the event that Applicant in natural gas as described in the tabula the applicable rules, regulations, and Docket No. CI68-691 under Article tion herein. orders of the Commission. Fourth (b) of its related rate schedule ex CD The orders issuing certificates in (C) The grant of the certificates issued ercises its option to process the gas, Ap Dockets Nos. G-3735 and G-3811 are in paragraph (A) above shall not be con plicant shall submit to the Commission amended by adding thereto authoriza strued as a waiver of the requirements of for acceptance, not less than 30 nor more tion to sell additional volumes of residue section 4 of the Natural Gas Act or of than 90 days prior to the commencement gas. Part 154 or Part 157 of the Commission’s of such processing, a rate schedule sup (J) The orders issuing certificates in regulations thereunder and is without plement setting forth the conditions and Dockets Nos. CI60-604 and CI68-962 are prejudice to any findings or orders which details of the contemplated action. amended to include the interest of the have been or which may hereafter be (d) In the event that any advance coowners; and the related rate schedule made by the Commission in any proceed payments are made prior to the date and certificate in Docket No. CI68-962 ings now pending or hereafter instituted of initial delivery under the subject con are redesignated as Standard Oil Com by or against Applicants.’ Further, our tract, Applicant in Docket No. CI68-691 pany of Texas, a division of Chevron Oil action in this proceeding shall not fore shall advise the Commission of the Co. (operator) et al. close nor prejudice any future proceed amount of such payments, and such pay (K) The order issuing the certificate ings or objections relating to the opera ments shall be subject to future orders in Docket No. CI67-248 is amended by tion of any price or related provisions in of the Commission concerning the pro authorizing the gathering and compres the gas purchase contracts herein in priety of such payments. sion of gas for Pan American Petroleum volved. Nor shall the grant of the certifi (e) The certificate issued in Docket Corp. cates aforesaid for service to the particu No. CI68-691 is conditioned by limiting (L) The orders issuing certificates in lar customers involved imply approval of the buyer’s daily take-or-pay obligations the following dockets are amended to re all of the terms of the contracts, partic under the subject contract commencing flect the deletion of acreage where new ularly as to the cessation of service upon January 1, 1970, to a 1 to 7,300 Mcf of certificates are issued herein or existing termination of said contracts as provided reserve ratio or 20,000 Mcf per day per certificates are amended herein to au by section 7(b) of the Natural Gas Act. well, whichever is lesser. thorize service from the subject acreage: The grant of the certificates aforesaid (f) The authorizations granted in Amend New certificate shall not be construed to preclude the Dockets Nos. CI67-1854 and CI68-691 are to delete and/or amendment imposition of any sanctions pursuant to conditioned upon any determination acreage to add acreage the provisions of the Natural Gas Act which may be made in the proceeding 0-4547 ______CI69-313 for the unauthorized commencement of pending in Docket No. R-338 with respect 0-4579 ______Cl69-346 any sales of natural gas subject to said G-4899 ______0-3719 to the transportation of liquefiable 0-84111 ______CI89-276 certificates. hydrocarbons. G—10775 ______0-10115 (D) The grant of the certificates is (g) The certificate in Docket No. G—10904 ______G—10115 sued herein on certain applications filed CI67-1854 is issued and the related con 0-10963 ______0-10115 after July 1, 1967, is upon the condition tract is accepted for filing as an FPC gas 0-16139 ______CI69-312 that no increase in rate which would ex rate schedule with the understanding CI61—524 ______CI68-1442 ceed the ceiling prescribed for the given that the pricing provisions of the con CIO1—752 ______Cl68—1442 area by paragraph (d) (3) of the Com tract are intended to be consistent, and CI63-1337 ______CI69-10 mission’s statement of general policy No. CI65—1001 ______CI69-314 not in conflict, with § 154.93 of the Com Cl68-1285 ______CI69-113 61-^, as amended, shall be filed prior to mission’s regulations. the applicable date indicated in the tab (h) The sale authorized in Docket No. 1 Supra. ulation herein. CI68-625 shall be made at the initial rate (M) The orders issuing certificates in (E) The certificates issued herein and of 17 cents per Mcf at 14.65 p.s.i.a., sub Dockets Nos. G-11759, CI64-1496, and the amended certificates are subject to ject to upward and downward B.t.u. CI65-1025 are amended by substituting the following conditions adjustment. the successors in interest as certificate (a) The initial rate for sales author (t) Sales authorized in Docket No. holders. ized in Dockets Nos. G-3735 and G-3811 CI68-1442 shall be made at the initial (N) The order issuing the certificate in shall be 14.21 cents per Mcf at 14.65 rate of 17 cents per Mcf at 14.65 p.s.i.a., Docket No._ CI65-499 is amended to re p.s.i.a., the applicable area rate as re including tax reimbursement and sub flect the change in operator from Zapata flected in the rate schedule quality state ject to B.t.u. adjustment, from the newly Off-Shore Co. (Operator) et al., to ments previously accepted for filing; and dedicated acreage; 19.5 cents per Mcf at Apache Corp. (Operator) et al. the initial rates for sales authorized in 14.65 p.s.i.a., including tax reimburse (O) Permission for and approval of Dockets Nos. G-11809, CI68-603, and ment and subject to B.t.u. adjustment, the abandonment of service by Appli CI-68-691 shall be the applicable area from acreage acquired from the cer cants, as hereinbefore described, all as base rates prescribed in Opinion No. 468, tificate holder in Docket No. CI61-524; more fully described in the applications as modified by Opinion No. 468-A, as ad and 19 cents per Mcf at 14.65 p.s.i.a., in and in the tabulation herein are granted. justed for quality of the gas, or the con cluding tax reimbursement and subject (P) Permission for and approval of the tract rates, whichever are lower. to B.t.u. adjustment, from acreage ac abandonment are granted in Docket No. (b) If the quality of the gas delivered quired from the certificate holder in CI62-378 and the temporary certificate by Applicants in Dockets Nos. G-3735, Docket No. CI61-752. heretofore issued in said docket is termi G-3811, G-11809, CI68-603, and CI68-691 (j) Sales authorized in Dockets Nos.nated. Applicant is not relieved of any deviates at any time from the quality CI69-321 and CI69-333 shall be made refund obligations imposed in Opinion standards set forth in Opinion No. 468, at the initial rate of 13 cents per Mcf at No. 436. Docket NO. CI62-378 shall re as modified by Opinion No. 468-A, so as 14.65 p.s.i.a. main consolidated with the proceeding to require a downward adjustment of the (F) Applicant in Docket No. CI69-10 pending in Docket No. G-13221 et al., for existing rate, a notice of change in rate shall file three copies of a billing state compliance with refund requirements shall be filed pursuant to section 4 of the ment for a recent month’s service re therein. Natural. Gas Act: Provided, however, flecting the price and billing deter (Q) Permission for and approval of the That adjustments reflecting changes in minants used as required by the regula abandonment in Docket No. C169-29 B.t.u. content of the gas shall be com tions under the Natural Gas Act. shall not be construed to relieve Appli puted by the applicable formula and (G) Docket No. CI69-348 is canceled. cant of the refund obligation under the charged without the filing of notices of (H) The orders issuing certificates in changes in rates. Within 90 days from Dockets Nos. G-3719, G-7648, G-11015, order implementing Opinions Nos. 468 the date of initial delivery Applicants G-11809, G-17379, G-19542, CI64-540, and 468-A, issued August 9, 1968, and is in Docket Nos. G-11809, CI68-603, and CI64-644, CI65-799, CI68-603, CI68-625, subject to the order to show cause issued FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 82 NOTICES August 5, 1965, in Docket No. AR61-1 amounts determined to be just and rea under, and the agreements and under et al., with regard to any refunds which sonable in said proceedings. Unless noti takings filed by them in Dockets Nos. may be required under Docket No. fied to the contrary by the Secretary of RI68-222, RI63-89, RI67-299, RI67-169, RI65-38. the Commission within 30 days from the RI68-133, RI64-483, and RI68-120, re (R) The certificates heretofore issued date of submission, such agreements and spectively, shall remain in full force and in Dockets Nos. G-12874, G-18384, undertakings shall be deemed to have effect until discharged by the Commis CI61-373, CI64-857, CI64-1526, and been accepted for filing. sion. CI67-185 are terminated. (AA) Pan American Petroleum Corp. (BB) The rate schedules and rate (S) Pan American Petroleum Corp. (Operator) et al., Austin Brady, S. J. schedule supplements related to the au (Operator) et al., is made a co-respond Knuckley, d.b.a. United Production Co., thorizations granted herein are accepted ent in the proceeding pending in Docket King Resources Co., Humble Oil & Re for filing or are redesignated, all as de No. RI68-222 and the proceeding is re fining Co., Tenneco Oil Co., and Samedan scribed in the tabulation herein. designated accordingly.2 Oil Corp. (Operator) et al., shall comply By the Commission. (T) Austin Brady is made a co-re with the refunding and reporting pro spondent in the proceeding pending in cedure required by the Natural Gas Act [seal] Gordon M. Grant, Docket No. RI63-89 and the proceeding and § 154.102 of the regulations there- Secretary. is redesignated accordingly.3 FPC rate schedule to be accepted (Ü) S. J. Knuckley, d.b.a. United Pro Docket No. and Applicant Purchaser,-field, and duction Co., is made a co-respondent in date filed location Description and date No. Supp. the proceeding pending in Docket No. of document RI67-299 and the proceeding is redesig nated accordingly.4 F G-3719...... Getty Oil Co...... United Gas Pipe Line Amendment 4-1-68 2___ 23 14 (G-4899) Co., Red Fish Bay and Assignment 8-1-67 3____ 23 15 (V) King Resources Co. is made a co C 4-22-68 7 West Mustang Island Assignment 9-25-67«___ 23 16 respondent in the proceeding pending in Fields, Nueces County, Effective date: 9-14-66__ Tex. Docket No. RI67-169 and the proceeding (G-4899) ...... Pan American Petrole- ___ d o ...... Assignment 8-1-67 3___ 79 14 is redesignated accordingly.6 um Corp. Assignment 9-25-67«___ 79 15 Effective date: 4-12-68__ (W) Humble Oil & Refining Co. is G-3735...... Getty Oil Co.7...... El Paso Natural Gas Co., Supplemental agree- 4 12 made a co-respondent in the proceeding 8-2-68« Levelland Gasoline ment 12-28-66.8 Plant, Levelland Field, Letter agreement 4 13 pending in Docket No. RI68-133, the pro Hockley County, Tex. 7-9-68.« i« ceeding is redesignated accordingly,* and G-3811...... Sunray DX Oil Co.7----____ do ...... Supplemental agree- 93 10 8-12-68 « ment 12-22-66.8 the agreement and undertaking sub Letter agreement 93 11 mitted by Humble in said proceeding is 7-9-68.«10 accepted for filing. G-7648______... Mobil Oil Corp...... United Gas Pipe Line Notice of partial cancel- 286 21 D 6-10-68 Co., White Point Saxet lation 6-6-68.11 ‘2 (X) Tenneco Oil Co. is made a co et al. Fields, San Patricio and Nueces respondent in the proceeding pending in Counties, Tex. Docket No. RI64-483 and the proceeding F D-10115...... Pan American Petrole- Texas Eastern Transmis- Assignment 7-19-67 13__ 150 26 is redesignated accordingly.7 (G-10904)13 um Corp. (Operator) sion Corp., Greenwood- Assignment 11-15-67 150 27 (0-10963)1« et al. Waskom Field, Caddo Assignment 3-1-68’ 18___ 150 28 (Y) Samedan Oil Corp. (Operator) et (G-10775)« Parish, La. Letter agreement 3-18- 150 29 al., is made a co-respondent in the pro C 8-5-68 68.1318 G-11759...... Austin Brady (succès- Cities Service Gas Co., Amerada Petroleum 7 — ceeding pending in Docket No. RI68-120, E 8-9-68 sor to Amerada Pe- Hugoton Field, Kearny Corp., FPC GRS troleum Corp.). County, Kans. No. 59. the proceeding is redesignated accord Supplement Nos. 1-4__ 7 1-4 ingly,* and the agreement and undertak Notice of succession ing submitted by Samedan in said pro 8-6-68. Assignment 4-18-68 17__ 7 5 ceeding is accepted for filings Effective date: 1-1-68----- (Z) Within 30 days from the issuance G-11809...... Marathon Oil Co.18 Northern Natural Gas Supplemental Agree- 4 9 C 9-16-68 (Operator) et al. Co., Southeast Lea ment 7-25-68.73 of this order Pan American Petroleum County, Lea County, Corp. (Operator) et al., Austin Brady, S. N. Mex. G-17379...... Texaco Inc. (Operator) Transwestern Pipeline Amendment 6-13-6812 w . 214 15 J. Knuckley, d.b.a. United Production D 8-16-68 et al. Co., acreage in Clark Co., King Resources Co., and Tenneco County, Kans. G-19542...... An-Son Corp...... Michigan Wisconsin Pipe Amendatory agreement 6 18 Oil Co., shall execute, in the form set out C 9-27-68 20 Line Co., Laverne 9-5-68. 73 below, and shall file with the Secretary Field, Beaver County, of the Commission acceptable agree Okla. CI60-604...... Union Oil Co. of Cali- El Paso Natural Gas Co., Assignment 3-28-68 22__ 73 28 ments and undertakings in Docket Nos. C 8-12-68 21 fornia (Operator) Spraberry Field, Mid- Effective date: 5-1-68...... __— RI68-222, RI63-89, RI67-299, RI67-169, et al. land County, Tex. % CI62-378...... Samedan Oil Corp. Tennessee Gas Pipeline Notice of cancellation »8 3 and RI64-483, respectively, to assure the B 7-31-68 (Operator) et al. Co., a division of Ten- 7-29-68.72 23 neco, Inc., Northwest refunds of any amounts collected by Chalkley Field, Cal- — casieu Parish, La. them, together with interest at the rate CI64-540...... Jake L. Hamon (Opera- Arkansas Louisiana Gas Amendment 8-20-68 73 2S.. 39 1 of 7 percent per annum, in excess of the C 9-23-68 23 tor) et al. Co., North Spiro Field, Le Flore County, Okla. CI64-644______Ashland Oil & Re fining Natural Gas Pipeline Co. Amendment 9-3-68 72 2«._ 158 3 2 Marathon Oil Co. and Pan American D 9-23-68 Co. (Operator) et al. of America, Northeast Petroleum Corp. (Operator), et al. Quinlan Field, Wood- ward County, Okla. 3 Amerada Petroleum Corp. and Austin CI64-1496-...... Amarillo Natural Gas Kansas-Nebraska Natural William N. Price and. 7 Brady. E 7-18-68 Co. (Operator) et al. Gas Co., Inc., acreage L. E. Geoffroy (Oper- « Maynard Oil Co. (Operator) et al., and (successor to William in Beaver County,, ator) et al., FPC GRS S. J. Knuckley, d.b.a. United Production Co. N. Price and L. E. Okla. No. 1. Geoffroy (Operator) Supplement Nos. 1-2___ T 1-2 6 Shell Oil Co. (Operator) et al., Consoli et al.). Notice of succession dated Oil & Gas, Inc. (Operator) et al., E. A. 7-16-68. Folumbus, Border Exploration Co., and King Assignment 5-21-64 ”... 7 3 Assignment 5-21-64 a — 7 4 Resources Co. Assignment 10-26-64 **__ 7 6 * Gulf Oil Corp. and Humble Oil & Re Assignment 3-28-6810 7 • fining Co. 7 Sinclair Oil Corp. (Operator) et al., R Filing code: A—Initial service. & G B—Abandonment. Drilling Co., Inc., agent (Operator) for C—Amendment to add acreage. William C. Russell, et al., and Tenneco Oil D—Amendment to delete acreage. Co. E— Succession. * Amerada' Petroleum Corp. (Operator) et F—Partial succession. al., and Samedan Oil Corp. (Operator) et al. See footnotes at end of table. FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 FPC rate schedule to be accepted FPC rate schedule to be accepted Docket No. and Applicant Purchaser, field, and Docket No. and Applicant Purchaser, field, and ------1------date filed location Description and date No. Supp. date filed location Description and date No. Supp. Of document of document CI65-499... Apache Corp. (Opera- Transcontinental Gas Zapata Off-Shore Co. 41 CI69-12...... Erving Wolf d.b.a. Mountain Fuel Supply Contract 9-20-67 «2...... 1 ...... 7-14-67 *» tor) et al. (formerly Pipe Line Corp.. Ship (Operator) et al., A 7-2-68 2“ Wolf Exploration Co. Co., South Baggs Area, Assignment 1 1 Zapata Off-Shore JCo. Shoal Area, Onshore FPC GRS No. 2. (Operator), agent. Carbon County, Wyo., 10-25-67.1“88 (Operator) et al.). Louisiana. Supplement No. 1_____ 41 1 and Moffat County, Notice of change in Colo. operator 3-1-65. CI69-29...... Sinclair Oil Corp...... El Paso Natural Gas Co., Notice of canceUation 84145 8 Eflective date: 3-15-66... (G-12874) Keystone Ellenburger 7-8-68.18 23 CI65-799...... Gulf Oil Corp. Natural Gas Pipeline Co. Amendment 8-28-68 10__ 288 2 B 7-8-68 Field, Winkler C 10-7-68 2» of America, Mobeetie County, Tex. Field, Wheeler County, CI69-40...... Naomi Taylor, agent___ Harry C. Boggs Natural Contract 9-3-59 10 . . . 4.. 1 ...... Tex. A 7-3-68 2“ ii Gas Co., Spencer Dis CI65-1025-, Doyle H. Baird (Oper Mountain Fuel Supply Pan American Petroleum 1 trict, Roane County, E 9-3-68 ator), et al. (successor Co., Four-Mile Creek Corp. (Operator) et al. W. Va. to Pan American Pe Field, County, Colo. FPC GRS No. 414. CI69-113______King Resources Co. El Paso Natural Gas Co., Contract 1-16-62 «i.___ 16 ...... troleum Corp. (Op Supplement Nos. 1-2.... 1 1-2 (CI68-1285) (successor to Border East Boundary Butte Assignment 10-10-67{7.. 16 1 erator) et al. Notice of succession F 7-30-68 Exploration Co.). Field, Apache County, Assignment 12-29-6758._ 16 2 7- 22—68 Ariz. Assignment 12-29-67 88.. 16 8 Assignment 6-24-6882__ 1 3 Assignment 12-29-6788.. 16 4 Assignment 7-25-6888__ 1 4 Eflective date: 12-29-67______Assignment 8-12-6884__ 1 5 CI69-128-4...... Delta Drilling Co. El Faso Natural Gas Contract 4-8-68 ...... 37 ...... Assignment 8-12-6885__ 1 6 A 8-6-68 2“ (Operator) et al. Co., Dakota Field. San Eflective date: 5-30-68__ Juan County, N. Mex. C167-248-. Blackburn Gasoline Pan American Petroleum Gas Processing Con is CI69-276...... L. E. Haught, d.b.a. Pennzoil United, Inc., * Contract 1-14-351“...... 8 ...... 9-3-6888 Plant. p Corp,, North Shongaloo tract 8-7-68. (G-8411) « Haught Drilling Co. Murphy District, Assignment 5-31-6881__ 8 1 Bed Bock Field, Web Gathering agreement 15 1 F 9-13-68 (successor to Bowser Ritcnie County, W. Va. Eflective date: 5-31-68-4______ster Parish, La. 8- 7-68. Gas & OU Co.). Letter agreement 15 2 CI69-276...... 4..4...... do___ -...... i___do...... Bowser Gas & OU Co., 9 . ..___ 7-22-68.« (G-8411) « FPC GRS No. 9. CI67-1854-- Larry E. Kerr, et al. Panhandle Eastern Pipe Contract 5-11-67___«... 1 E 9-13-68 Supplement Nos. 1-2__ 9 1-2 A 6-30-67 Line Co., Northwest Compliance 8-21-67 w. . . 1 Ï Notice of succession ______Fargo Field, Ellis 9-12-68. County, Okla. Assignment 5-31-6888__ 9 3 CI68-603__ Mapco Production Co.18. Northern Natural Gas Supplemental agree 15 13 Effective date: 5-31-68______C 7-12-68 Cp., acreage in Crockett, ment 6-6-68.22 CI69-283...... Philip Lemon et al.j. Consolidated Gas Supply Notice of canceUation 16 1 NOTICES Crane and Pecos Coun Letter agreement 15 14 (CI64-1526) Corp., Union Dis 9-18-68 18 88 ties, Tex. 8-14-68 M. »« B 9-20-68 trict, Ritchie County, CI68-625...... Mesa Petroleum Co. Michigan Wisconsin Pipe Amendatory agree 32 1 W. Va. (CI69-348) (Operator), et al. Line Co., Northeast ment 6-4-68.10 CI69-294...... 444 James Gregg Lea...... Arkansas Louisiana Gas Contract 9-3-68...... 1 ...... C 10-3-68 2°« Soiling Field, Wood A 9-23-68 «ï Co., Cheniere Creek Contract 10-10-6118...... 1 1 ward County, Okla. Field, Ouachita Parish, CI68-691...... Sinclair Oil Corp.«. Natural Gas Pipeline Co. Supplemental agree 391 1 La. C 9-23-68 of America, Worsham- ment 6-24-68. CI69-312...... Humble OU & Re- Transwestern Pipeline Contract 6-19-58 84 _..... 456 ...... Bayer (Ellenburger) (G-16139) fining Co. (successor Co., Mendota Field, Agreement 11-3-58...... 456 1 Field, Lochridge Area, F 9-18-68 to Gulf OU Corp.). HemphUl County, Tex. Agreement 10-5-59 ...... 456 2 Beeves County, Tex. Agreement 10t8-59...... 456 3 CI68-907...... Petrolia Drilling C orp.. Arkansas Louisiana Gas Amendatory agreement 1 7 Agreement 2-22-60 ...... 456 4 C 10-4-68 21 Co., Enid Area, Gar 6-20-68. Assignment 2-1-68 88___ 456 6 field County, Okla. Eflective date: 2-1-68______CI68-908...... Douglas Resources ...... do...... Amendatory agreement 7 13 CI69-313...... Tenneco OU Co. El Paso Natural Gas Contract 1-30-54 88_ . . . . . 230 ...... C 9-26-68 21 Corp., agent et al. 6 -20- 68.« (G-4547) (successor to Sinclair Co., Mesa Verde Assignment 2-13-67 18 87. 230 ' 1 Amendatory agreement 7 14 F 9-16-68 OU Corp.). Formation, San Juan 6- 20- 68.« County, N. Mex. CI68-962...... Standard Oil Co. of Lone Star Gas Co., Bush Contract 1-25-68 « « ___ 46 2 CI69-314...... Samedan OU Corp. Natural Gas Pipeline Contract 11-4-6488...... ' 2 9 ...... C 7-24-68« Texas, a division of Springs Area, Grady (CI65-1001) (Operator) et al. Co. of America, Letter ÌO-IO-68 78...... 29 1 Chevron Oil Co. County, Okla. F 9-19-68 88 (successor to acreage in Dewey Eflective date: 10-1-68...... (Operator) et al. Amerada Petroleum County, Okla. CI88-1090___ Aikman Bros. Corp.. Michigan Wisconsin Pipe Amendatory agreement 3 1 Con). (Operator) C 9-26-68 21 Line Co., Laverne 7-30-68. et a y . Field, Harper County, CI69-321...... Sohio Petroleum Co.71... Phillips Petroleum Co.,78 Contract 12-11-53...... 147 ...... Okla. A 9-25-68 »i West Panhandle Field, Letter agreement 147 1 CI68-1196...... Mobil Oil Corp. Florida Gas Transmission Notice of cancellation 263 8 Hutchinson County, 3-3-54. (G-18384) Co., Citrus Grove 4-4-68.18 88 Tex. Assignment 1-1-65 78___ 147 2 B 4-10-68 Field, Matagorda Assignment 1-1-6574 78.. 147 .3 County, Tex. CI69-322...... SidweU OU & Gas, Inc. Panhandle Eastern Pipe Contract 8-8-68...... 9 ______A CI68-1442. .. Graham-Michaelis Michigan Wisconsin Pipe Contract 5-21-68 «. 86 A 9-26-68 21 (Operator) et al. Line Co., Hansford (CI61-524) « Drilling Co. Line Co., Cedardale Morrow-Lower Field, (CI61-752) 47 (Operator) et al. Southwest Chester Hansford County, Tex. F 6-26-68 « Field, Woodward CI69-325...... Hugh K. Spencer, agent Equitable Gas Co., Contract 5-19-67 23 ., County, Okla. A 9-27-68 21 for HUeman Lease Southwest District, (6258).18 CI69-10...... S. J. Knuckley, d.b.a. Natural Gas Pipeline Co. Letter agreement 1 WeU No. 1. Doddridge County, (CI63-1337) United Production of America, Boonsville 4-16-68.“ W. Va. F 6-10-68 Co. (successor to Field, Wise County, Contract 3-15-6351...... 1 1 CI69-326...... Hugh K. Spencer, agent .— .do...... Contract 9-12-68 24 .. Maynard Oil Co.). Tex. Amendment 11-20-63__ 1 2 A 9-27-68 20 for Grimm Lease (6260).18 Eflective date: 5-6-68___ WeU No. 1. See footnotes at end of table. FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 w00 OO 1* Amends contract to cover the following acreage: 42.27 previously uncommitted Pan American acreage (Jan. 1, FPC rate schedule to be accepted 1970, moratorium applicable only to said acreage); 66.67 acquired from Sunray: 1.22 from Marathon and Sinclair; Docket No. and Applicant Purchaser, field, and and 9.69 nonoperator’s acres. date filed location Description and date No. Supp. 17 Conveys acreage from Amerada Petroleum Corp. to Austin Brady. of document is Applipant has advised willingness to accept permanent authorization conditioned as Opinion No. 468, as modi fied by Opinion No. 468-A. 19 Lease expired due to absence of production. CI69-331____ Crown Petroleum, Inc.. Northern Natural Gas Contract 7-29-68,0______2 ____ 20 Jan. 1, 1970, moratorium pursuant to the Commission’s statement of general policy No. 61-1, as amended. A 9-27-68 2« Co., acreage in Harper 21 Application to amend the certificate to include interest of coowner, Humble Oil & Refining Co. County, Okla. 22 From Union to Humble Oil & Refining Co. (Humble has requested Union to cover the sale of its interests); C169-333...... Sohio Petroleum Co.,n Phillips Petroleum Co.,72 Contract 6-20-60...... 148—.... 23 Source of gas depleted. A 9-27-68 2» (Operator) et al. West Panhandle Field, Assignment 1-1-65 73.. r . 148 1 24 No permanent Certificate issued; temporary authorization granted only. By order issued July 23,1964, in Docket Hutchinson County, Assignment 1-1-6574 7*... 148 2 No. G-13221 et al. (Opinion No. 436) a 20-cent rate was found to be proper. Tex. 2* Adds acreage and provides for 5-year makeup period for gas paid for but not taken. CI69-335.L__ Grey Eagle Construe- United Fuel Gas Co., Contract 4-15-68 10...... 1 ------2« Deletes acreage due to expiration of leases. A 9-30r68 20 tion Co. Stafford District, Mingo 27 Conveys interests of William N. Price to W. J. Fellers. County, W. Va. 28 Conveys interests of William N. Price and Lloyd E. Geoffroy to W. J. Fellers. CI69-337...... Petroleum Manage- Humble Gas Trans- Notice of cancellation 2 2 28 Conveys interests of the Estate of William N. Price to W. J. Fellers. (CI67-185) ment, Inc. mission Co., Buckner 9-19-68.12 23 30 Conveys interests of W. J. Fellers to Amarillo Natural Gas Co. B 9-26-68 Field, Richland Parish, 84 Amendment to the certificate filed to reflect the change in operator from Zapata Off-Shore Co. to Apache Corp.; La. no change of working interests involved. CI69-339— .. Donzoil, Inc______Kansas-Nebraska Natural Contract 5-31-6810_____ 1 ----- —- 82 From Pan American Petroleum Corp. et al. to Hal A. McVey and Donald I. Foster. A 9-30-68 2« Gas Co., Inc., Otis 88 From McVey et al. to Doyle H. Baird. Field, Washington 34 Assigns a Ms-interest back to Hal A. McVey. County, Colo. 88 Assigns a Ms-interest back to Donald I. Foster. CI69-340...... Helmly & Prather Oil Northern Natural Gas Contract 8-31-6810_____ 1 —------88 Applicant requests authorization to gather and compress the subject gas, the gas will be processed in Appli A 9-30-68 2« Corp. (Operator), Co., Northwest Love- cant’s plant and delivered to Texas Gas Transmission Corp. under Pan American’s FPC GRS No. 316. et aL dale Field, Harper 37 Accepts conditioned temporary certificate issued Aug. 3, 1967. Applicant has indicated by letter dated Oct. 16, County, Okla. 1968, willingness to accept authorization subject to the outcome of the proceeding in Docket No. R-338. CI69-342...... Sklar Producing Co., Arkansas Louisiana Gas Contract 9-13-68 76...... 4 ...... 38 Adds acreage and amends contract to provide for a rate of 16.5 cents per Mcf for gas well gas or residue thelefrom A 10-2-68 2« Inc. Co., Colquitt Field, Contract 3-25-57______4 1 for the additional acreage only. Claiborne Parish, La. 3« Provides for 5-year makeup period for the added acreage. CI69-344...... Tenneco Oil Co______Cities Service Gas Co., Agreement 9-24-68...... 231 ------40 Application erroneously assigned Docket No. CI69-348 will be treated as a petition to amend the order issuing A 10-4-68 2« Waynoka Northeast Contract 2-1-66 77...... 231 1 the certificate in Docket No. CI68-625 and Docket No. CI69-348 will be canceled. Field, Woods County 44 Contract provides for 17.5 cents per Mcf but Applicant has agreed to accept permanent authorization at the area Okla., and Woodward base rate adjusted for quality pursuant to Opinion No. 468, as modified; Applicant also proposes to sell gas-well gas; County, Okla. however, the contract provides for the sale of gas-well gas and casinghead gas. Applicant also has agreed to accept 0169-346...... James A. Ford, d.b.a. Arkansas Louisiana Gas Contract 8-15-68 78.— -.. 4 ...... authorization for the added acreage containing the same, conditions as those provided in the certificate issued A 10-4-68 2« Cypress Gas Co. Co., Northwest Carters- Contract 5-10-67 72____ . 4 1 May 3,1968, for the basic contract, i.e., reservation of the issues of advanced payments, possible transportation of NOTICES (Operator). ville Field, Le Flore and Letter agreement 4 2 liquefiable hydrocarbons and possible accelerated takes. Haskell Counties, Okla. 5-18-67.10 42 Between Douglas Resources Corp. and buyer. CI69-346... Prairie Producing Co., Trunkline Gas Co., Contract 1-26-49 80------l 2 ...... 48 Between The Boswell Corp. and buyer. (G-4579) (successor to Cities Ramsey Field, Colorado Letter agreement 2 1 44 Amendment to* the certificate filed to add the interest of Jake L. Hamon and to redesignate rate schedule to read F 10-1-68 Service Oil Co.). County, Tex. 9-18-50. “ (Operator), et al.” Amendment 11-7-56...... 2 2 48 Between Jake L. Hamon and buyer. Amendment 1-7-63...... 2 3 48 Sales from acreage acquired from Shell will be made at the rate of 19.5 cents, including tax reimbursement, plus Assignment 9-5-6881...... 2 4 B.t.u. adjustment, and subject to the same refunding obligation imposed on Shell in Docket No. RI65-649. Effective date: 9-5-68...... 47 Sales from acreage acquired from Atlantic will be made at the rate of 19 cents, including tax reimbursement, plus (G-4579)*___ Cities Service Oil Co...... do...... _...... Assignment 9-5-68 81____ 1 14 B.t.u. adjustment, and subject to the same refunding obligation imposed on Atlantic in Docket No. RI68-90. (Operator) et al. Effective date: 10-24-68...... 48 By letter filed Oct. 31, 1968, Applicant agreed to accept permanent authorization conditioned to an initial rate of C169-350...... Blanco Oil Co______Texas Eastern Transmis- Notice of cancellation 8 3 17 cents, including tax reimbursement, plus B.t.u. adjustment for sales from the newly dedicated acreage (Jan. 1, (C161-373) sion Corp., South Cot- 9-24-68.12 28 1970, moratorium applicable to the new acreage only). B 10-2-68 tonwood Creek Field, 49 Portion of the acreage covered by Shell Oil Co. FPC GRS No. 268 (145 acres) and Atlantic Richfield Go. FPC De Witt County, Tex. GRS No. 225 (160 acres) and certificates issued in Dockets Nos. CI61-524 and CI61-752, respectively. C169-352 ...... do..______. . . . Texas Eastern Transmis- Notice of cancellation \ 11 5 80 Adopts terms and ratifies contract dated Mar. 15, 1963. (C 164-857) sion Corp., Sal del Rey 9-20-68.12 28 84 Between Maynard Oil Co., et al., and buyer; on file as Maynard’s FPC GRS No. 3. There were two owners of B 10-2-68 Field, Hidalgo County, the property after Maynard and before Applicant, but neither made filings to cover their interests. Tex. 82 Wolf is not a Signatory party and holds no interest, has been designated as operator by signatory parties. C169-354___ Charles T. McCord, Jr.. United Gas Pipe Line Co., Contract 10-4-68_____ i 5 ...... 83 Assigns interest of Amarillo Oil Co., a signatory party, to Pioneer Production Corp. Interest is still covered by A 10-9-68 »0 Ada Field, Bienville this filing. _ Parish, La. 84 Prior rates of 15.70925 cents and 16.7225 cents effective subject to refund in Dockets Nos. G-19723 and RI65-38, respectively. 86 Sale being made without prior Commission authorization. 1 On June 20, 1968, Getty submitted a new billing statement reflecting a 15-cent rate which is Pan American’s 86 Between Shell Oil Co. and El Paso; on file as Border Exploration Co. FPC GRS No. 1. current rate. 87 From Shell Oil Co. to Border Exploration Co. and Consolidated Oil & Gas, Inc. 2 Dedicates acreage acquired from Pan American Petroleum Corp. which was previously dedicated to a contract 88 From Border Exploration Co. to Ring Resources Co. and E.\A. Polumbus. between Pan American and United and designated as Pan American’s FPC GRS No. 79 to contract dated Nov. 1, 88 Applicant will continue in part sales authorized to be made'pursuant to Bowser’s FPC GRS No. 8 and will 1953 between Getty and United; on file as Getty’s FPC GRS No. 23. Both contracts have similar terms. continue in toto sales authorized to be made pursuant to Bowser’s FPC GRS No. 9. 3 Transfers acreage from Pan American to Getty Oil Co. and Atlantic Richfield Co. (Atlantic has received authori «0 On file as Bowser Gas & Oil Co. FPC GRS No. 8. Buyer advises that the B. F. Welsh 9-acre lease is still productive zation to sell gas from its interest in Docket No. CI68-1082 by order issued May 7,1968, in Docket No. G-16499 et al.) thereunder. 4 Reassigns acreage from Atlantic Richfield Co. and Getty Oil Co. to Pan American for depths below 12,600 feet. 84 Assigns the Weinrich 100-acre lease from Bowser Gas & Oil Co. to Haught. * No certificate filing made or necessary; only the related rate filing is being accepted for filing by this order. 82 Assigns the B. F. Welch 143-acre lease from Bowser' to Haught. Buyer advises that this is the only productive * Application to amend the certificate to cover additional volumes of residue gas. acreage under the Oct. 25,1941 contract. 7 Applicant has agreed to accept authorization for the additional volumes consistent with Opinion No. 468. 63 Production of gas no longer economically feasible. 8 Increases contract quantity. Seller to share, in proportion to its interest, 28,000 Mcf per day in lieu of 20,000 Mcf 84 On file as Gulf Oil Corp. FPC GRS No. 195. per day. 88 Conveys acreage from Gulf Oil Corp. to Humble Oil & Refining Co. « Eliminates indefinite pricing provisions, only as they pertain to the additional volumes of residue gas. 88 Between Western Natural Gas Co. (Sinclair’s predecessor) and El Paso; on file as Sinclair Oil Corp. FPC GRS *« Effective date: Date of initial delivery (Applicant shall advise the Commission as to such date). No. 272. u Deletes non-productive acreage released to landholder. 87 From Sinclair Oil & Gas Co. (now Sinclair Oil Corp.) to Tenneco Oil Co. is Effective date: Date of this order. 88 Applicant is filing to succeed as operator of the properties involved herein. Amerada, the prior operator, will i* Assigns acreage from Marathon Oil Co. to Applicant (FPC GRS No. 69, Docket No. G-10904). continue to sell gas attributable to its working interest under authorization granted in Docket No. CI65-1001. 14 Assigns acreage from Sinclair Oil & Gas Co. to Applicant (FPC GRS No. 325, Docket No. G-10963). 89 Also on file as Amerada Petroleum Corp. (Operator) et al., FPC GRS No. 129. 15 Assigns acreage from Sunray DX Oil Co. to Applicant (FPC GRS No. 122, Docket No. G-10775). 79 Unilaterally amends contract to provide for 5-year makeup period for gas paid for but not taken. FEDERAL REGISTER, VOL. 34, 2— FRIDAY, JANUARY 3, 1969 NOTICES 85 71 Present contract rate is 14 cents; however, Applicant has agreed to accept 13-cent rate which was the contract be held concerning the lawfulness of the rate on Sept. 1,1967. 72 Phillips advised Applicant that in 1967 the subject gas, due to change In gathering facilities, was diverted from proposed change. an intrastate to an interstate market. (B) Pending hearing and decision 73 From H. F. Sears to M. Morse & Co., Ltd. 74 From M. Morse & Co., Ltd. to Sohio. thereon, the rate supplement herein is 76 Effective date: Date of initial delivery in interstate commerce. suspended and its use deferred until date 76 Adopts terms of contract dated Mar. 25, 1957 between Union Producing Co. and buyer. 77 Currently on file as J. M. Huber Corp. FPC GRS No. 68. shown in the “Date Suspended Until” 78 Applicant to purchase gas under percentage type contracts and to gather, dehydrate, separate, compress, and column, and thereafter until made ef deliver to buyer. fective as prescribed by the Natural Gas 72 Currently on file as Sun Oil Co. FPC GRS No. 222. 80 Between Cities Service Oil Co. and Trunkline Gas Co.; on file as Cities Service Oil Co. (Operator) et al., FPC Act: Provided, however, That the supple GRS No. 1. ment to the rate schedule filed by Re 81 Assigns acreage from Cities Service Oil Co. to Prairie Producing Co. to a depth of 9,767 feet, save and except the 9,100-foot B zone of the Wilcox Formation.' spondent shall become effective subject to refund on the date and in the manner Suggested agreement and undertaking: [Docket No. RI69-315] herein prescribed if within 20 days from the date of the issuance of this order Re B e f o r e t h e F e d e r a l P o w e r C o m m i s s i o n H. F. BOESTER spondent shall execute and file under its (Name of Respondent)------Order Providing for Hearing on and above-designated docket number with the Secretary of the Commission its Suspension of Proposed Change in [Docket N o ._____ ] \ agreement and undertaking to comply Rate, and Allowing Rate Change To with the refunding and reporting proce AGREEMENT AND UNDERTAKING OF (NAME OF Become Effective Subject to Refund dure required by the Natural Gas Act RESPONDENT) TO COMPLY WITH REFUNDING and § 154.102 of the regulations there AND REPORTING PROVISIONS OF § 154.102 OF D e c e m b e r 18, 1968. under, accompanied by a certificate THE COMMISSION’S REGULATIONS UNDER THE Respondent named herein has filed a showing service of a copy thereof upon NATURAL GAS ACT proposed change in rate and charge of a the purchaser under the rate schedule currently effective rate schedule for the involved. Unless Respondent is advised (Name of Respondent) hereby agrees and sale of natural gas under Commission to the contrary within 15 days after the undertakes to comply with the refunding jurisdiction, as set forth in Appendix A filing of its agreement and undertaking, and reporting provisions of section 154.102 of hereof. such agreement and undertaking shall be the Commission’s regulations under the The proposed changed rate and charge deemed to have been accepted. Natural Gas Act insofar as they are appli may be unjust, unreasonable, unduly (C) Until otherwise ordered by the cable to the proceeding in Docket N o._____ , discriminatory, or preferential, or other Commission, neither the suspended sup and has caused this agreement and under wise unlawful. plement, nor the rate schedule sought taking to be executed and sealed in its name The Commission finds: It is in the to be altered, shall be changed until dis by a duly authorized officer th is _____ day public interest and consistent with the position of this proceeding or expiration o f ______196___ Natural Gas Act that- the Commission of the suspension period. enter upon a hearing regarding the law (D) Notices of intervention or peti (Name of Respondent) fulness of the proposed change, and that tions to intervene may be filed with the B y ------the supplement herein be suspended and Federal Power Commission, Washing Attest: its use be deferred as ordered below. ton, D.C. 20426, in accordance with the The Commission orders: rules of practice and procedure (18 CFR (A) Under the Natural Gas Act, par 1.8 and 1.37(f) ) on or before January 31, [F.R. Doc. 69-3; Filed, Jan. 2, 1969; 1969. 8:45 a.m.] ticularly sections 4 and 15, the regula tions pertaining thereto (18 CFR Ch. By the Commission. I ) , and the Commission’s rules of prac [ s e a l ] G o r d o n M . G r a n t, tice and procedure, a public hearing shall Secretary. Appendix A Cents per Mcf Rate in Rate Sup Amount Date Effective Date effect sub Docket Respondent sched ple- Purchaser and producing area of filing date sus Rate Proposed ject to No. ule ment annual ten unless pended in increased refund in No. No. increase dered suspended until— effect rate dockets Nos. RI69-315.. H. F. Boester, 409 1 3 Banquete Gas Co., a division of $343 11-25-68 212-26-68 « 12-27-68 87 10.128 48 8711.1408 Santa Monica, Crestmont Oil & Gas Co.1 (Plym Corpus Christi, Tex. outh and East Taft Fields, San 78411. Patricio County, Tex.) (RR. Dis trict No. 4). 1 Banquete resells gas involved to United Gas Pipe Line Co., under Banquete’s 4 Periodic rate increase. FPO Gas Rate Schedule No. 1 at a rate of 14 cents per Mcf effective subject to refund 6 Pressure base is 14.65 p.s.i.a. in Docket No. RI69-252. -* Subject to a downward B.t.u. adjustment. 2 The stated effective date is the first day after expiration of the statutory notice. 7 Subject to 1.5-cent charge by buyer for compression. 3 The suspension period is limited to 1 day. H. F. Boester (Boester) requests that his 14 cents per Mcf which is in effect subject to [Docket No. G—3580 etc.] proposed rate increase be permitted to be refund in Docket No. RI69-252. Although come effective as of December 6, 1968, the Boester’s proposed rate increase to 11.1408 FLANIGAN BROTHERS ET AL. contractually due date. Good cause has not cents per Mcf does not exceed the area in been shown for waiving the 30-day notice re creased rate ceiling of 14 cents per Mcf for Notice of Applications for Certificates, quirement provided by section 4(d) of the Texas. Railroad District No. 4 as announced Abandonment of Service, and Peti Natural Gas Act to permit an earlier effective in the Commission’s statement of general date for Boester’s rate filing and such request policy No. 61-1, as amended, it should be tions To Amend Certificates 1 is denied. suspended because such ceiling is applicable D e c e m b e r 18,1968. Boester proposes a periodic rate increase to Banquete’s resale rate, not to Boester’s from 10.128 cents to 11.1408 cents per Mcf rate. Since Banquete’s 14 cents rate is in Take notice that each of the Applicants for gas sold to Banquete Gas Co., a division of effect subject to refund in Docket No. RI69- listed herein has filed an application or Crestmont Oil & Gas Co. (Banquete), in the 252, we conclude that Boester’s rate increase petition pursuant to section 7 of the Plymouth and East Taft Fields, San Patricio should be suspended for 1 day from Decem County, Tex. (Railroad District No. 4). Ban ber 26, 1968, the date of expiration of the Natural Gas Act for authorization to sell quete gathers the subject gas, together with statutory notice. other gas produced in this area, and resells 1This notice does not provide for consoli such gas to United Gas Pipe Line Co. under [F.R. Doc. 69-6; Filed, Jan. 2, 1969; dation for hearing of the several matters its FPC Gas Rate Schedule No. 1 at a rate of 8:45 a.m.] covered herein. FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 ------;------‘------00 natural gas in interstate commerce or to Commission on Its own motion believes Docket No. Price per Pres- C* abandon service as described herein, all that a formal hearing is required, further and date filed Applicant Purchaser, field, and location Mcf sure as more fully described in the respective notice of such hearing will be duly given: base applications and amendments which are Provided, however, That pursuant to on file with the Commission and open to § 2.56, Part 2, Statement of General CI62-801_____ Mobil Oil Corp., Post Office Box 1774, El Paso Natural Gas Co., Sand Hills (?) D 12-9-68 Houston. Tex. 77001 (partial aban (Judkins and McKnight) Field, public inspection. Policy and Interpretations, Chapter I of donment). Crane County, Tex. Protests or petitions to intervene may Title 18 of the Code of Federal Regula CI63-44______Wrightsman Investment Co. (suo- Consolidated Gas Supply Corp., 19.5 15.025 E 12-2-68 cessor to Charles B. Wrightsman). South Rayne Area, Acadia Parish, be filed with the Federal Power Commis tions, as amended, all permanent certifi La. sion, Washington, D.C. 20426, in accord cates of public convenience and neces CI64-1288____ Continental Oil Co., Post Office Box El Paso Natural Gas Co., Blanco 12.0495 15.025 ance with the rules of practice and pro sity granting applications, filed after C 11-22-68 2197, Houston, Tex. 77001. Pictured Cliffs Field, San Juan and Rio Arriba Counties, N. Mex. cedure (18 CFR 1.8 or 1.10) on or before July 1, 1967, without further notice, will CI65-1145____ Pan American Petroleum Corp., Post Arkansas Louisiana Gas Co., North * 16.015 14.65 January 15, 1969. contain a condition precluding any filing C 12-4-68 Office Box 691, Tulsa, Okla. 74102. McCurtain Field, Haskell County, Okla. Take further notice that, pursuant to of an increased rate at a price in excess CI66-1263-.1... Phillips Petroleum Co., Bartlesville, Panhandle Eastern Pipe Line Co., 17.0 14.65 the authority contained in and subject of that designated for the particular area C 12-6-68 Okla. 74003. Carthage1 Area, Texas County, Okla. to the jurisdiction conferred upon the of production for the period prescribed CI69-533_____ Professional Petroleum Exploration, United Fuel Gas Co., Rocky Fork 28.0 15.325 Federal Power Commission by sections 7 therein unless at the time of filing of A 12-2-68 Inc., 450 Denver Club Bldg., Den Field, Kanawha County, W. Va. and 15 of the Natural Gas Act and the petitions to intervene the Applicant indi ver, Colo. 80202. CI69-534____ L Amerada Petroleum Corp., Post Of- Tennessee Gas Pipeline Co., a division 21.25 15.025 Commission’s rules of practice and pro cates in writing that it is unwilling to A 12-2-68 fice Box 2040, Tulsa, Okla. 74102. of Tenneco, Inc., State Lease 4882, cedure, a hearing will be held without accept such a condition. In the event Southwest Belle Isle Field, Iberia, St. Mary, and Terrebonne Parishes, further notice before the Commission on Applicant is unwilling to accept such La. all applications in which no petition to condition the application will be set for CI69-535...... Shenandoah Oil Corp. (Operator) et Kansas-Nebraska Natural Gas Co., 17.0 14.65 formal hearing. A 12-2-68 al., 1018 Commerce Bldg., Port Inc., acreage in Texas County, Okla. intervene is filed within the time required Worth, Tex. 76102. herein if the Commission on its own re Under the procedure herein provided CI69-536— ___Ray Bros. Drilling Co., P. I. 9514, United Fuel Gas Co., Poca District, 28.0 16.325 view of the matter believes that a grant A 12-2-68 c/o James S. Ray, agent, 718 Kana Kanawha County, W. VA. for, unless otherwise advised, it will be wha Valley Bldg., Charleston, of the certificates or the authorization unnecessary for Applicants to appear or W. Va. 25301. for the proposed abandonment is re CI69-537_____ Stanley-Hager, c/o Joseph H. Hager, Consolidated Gas Supply Corp., 25.0 15.325 be represented at the hearing. A 12-3-68 partner, 1660 Fifth Ave., Hunting- Collins Settlement District, Lewis quired by the public convenience and t)OU W Vs 25719* County, W. Va. necessity. Where a petition for leave to Gordon M. Grant, CI69-538...... Roy ’g .’ Hiidreth," et al., Box 118, Consolidated Gas Supply Corp., 25.0 15.326 HOTIdES Secretary. A 12-3-68 Spencer, W. Va. 25276. Lee District, Calhoun County, intervene is timely filed, or where the W. Va. CI69-539 Scull FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 87 further redelegated to the Chief, Opera Doeket No. Price per Pres and date filed Applicant Purchaser, field, and location Mcf sure tions Coordination Section of the En base forcement Branch and to coordinators in that section. CI69-551...... Jones & Pellow Oil Co., 101 Northeast Michigan Wisconsin Pipe Line Co., 419.6 14.65 3. This order supersedes Delegation A 12-5-68 26th St., Oklahoma City, Okla. Woodward Area, Woodward County, 73105. Okla. Order No. 31, issued April 30, 1956. CI69-552-...... Sun Oil Co. (Gulf Coast Division)___ Transcontinental Gas Pipe Line Corp., Depleted . B 11-12-68 Pine Bluff Field, Acadia Parish, La. [seal] S heldon S. Cohen, Commissioner. 1 Rate in effect subject to refund in Docket No. RI62-433. [F.R. Doc. 69-51; Filed, Jan. 2, 1969; 2 Purchaser has declined to take additional residue gas. 8:45 a.m.] 3 Includes 0.015-cent tax reimbursement. Rate is also subject to deduction for compression and/or treating cost should Buyer compress or treat gas. 4 Subject to upward Mid downward B.t.u. adjustment. * Acreage assigned to William J. Dick, Jr. 6 Acreage assigned to Piney Point Petroleums. 7 Application erroneously assigned Docket No. CI69-544 for partial succession: Docket No. CI69-544 is canceled DEPARTMENT OF STATE and application will be treated as petition to amend the certificate in Docket No, CI67-4 to reflect complete succession. 3 Includes 1.75 cents per Mcf tax reimbursement. Rate effective subject to refund in Docket No. RI68-297. Agency for International Development [F.R. Doc. 69-7; Filed, Jan. 2, 1969; 8:45 a.m.] [Delegation of Authority 83] ARGENTINA Director, Alcohol, Tobacco, and Firearms Administration of the A.I.D. Program DEPARTMENT OF THE TREASURY Division, the authority to administer and enforce the Federal Firearms Act (15 Pursuant to the authority delegated Internal Revenue Service U.S.C. chapter 18); and pursuant to the to me by Delegation of Authority No. [Order 31 (Rev. 1) J authority so vested by 26 CFR Part 178, 104 from the Secretary of State of No authority is hereby delegated to the As vember 3, 1961 (26 F.R. 10608), I hereby DISTILLED SPIRITS, WINES, BEER, sistant Commissioner (Compliance) and delegate to the principal diplomatic of TOBACCO, AND FIREARMS the Director, Alcohol, Tobacco, and Fire ficer of the United States in Argentina Administration and Enforcement of arms Division, the authority to admin with respect to the administration of the ister and enforce 18 U.S.C. chapter 44, foreign assistance program -within the Laws relating to firearms and including the country to which he is accredited, the au 1. (a) Pursuant to the authority determination of appeals in administra thorities delegated to Directors of Mis vested in the Commissioner of Internal tive proceedings involving the denial of sions of the Agency for International De Revenue by the regulations in Title 26 applications for firearms licenses and velopment (A.I.D.) in the following of the Code of Federal Regulations im the revocation of such licenses; and Title delegations, subject to the limitations plementing chapters 51, 52, and 53 of VII of the Omnibus Crime Control and applicable to the exercise of such au the Internal Revenue Code and by Safe Streets Act of 1968 (18 U.S.C. Ap thorities by A.I.D. Mission Directors : Treasury Department Order No. 150-37, pendix) , as amended; Telating to unlaw (D—Unpublished Delegation of Au dated March 17, 1955, there is hereby ful possession or receipt of firearms. thority of January 10, 1955. delegated to the Assistant Commissioner (d) Pursuant to the authority vested (2) Delegation of Authority of No (Compliance) and the Director, Alcohol, in the Commissioner by Treasury Deci vember 26, 1954, as amended (19 F.R. Tobacco, and Firearms Division, the au sion 4662, dated July 3, 1936, and Trea 8049); thority to administer and enforce chap sury Department Order No. 150-2, dated (3) Paragraphs 4 and 5 of Delegation ters 51, 52, and 53 of the Internal Reve May 15, 1952, there Is hereby delegated of Authority of September 28, 1960 (25 nue Code relating, respectively, to dis to the Assistant Commissioner (Com F.R. 9927). tilled spirits, wines, and beer, tobacco, pliance) and the Director, Alcohol, To In addition to the foregoing, there is and firearms, including the authority to bacco, and Firearms Division, the au hereby delegated to the aforesaid prin supervise and regulate the liquor and thority to administer and enforce 18 cipal diplomatic officer the authorities tobacco industries, and the determina U.S.C. 1262-1265, 3615, relating to the delegated to A.I.D. Mission Directors in tion of appeals in administrative pro liquor traffic. existing A.I.D. manual orders, regula ceedings involving the denial of appli (e) Pursuant to the authority vested tions (published or unpublished), policy cations for industrial alcohol and tobacco in the Commissioner by Treasury Depart directives, policy determinations, mem permits and the annulment, revocation, ment Order No. 149, dated March 5,1952, oranda, and other instructions. and suspension of such permits. and No. 150-2, dated May 15, 1952, there The authority delegated hereby may (b) Pursuant to the authority vested is hereby delegated to the Assistant Com be redelegated to the officer at the post in the Commissioner by Treasury De missioner (Compliance) and the Direc principally responsible for A.I.D. partment Order No. 30, dated June 12, tor, Alcohol, Tobacco, and Firearms Di activities. 1940, and No. 150-2, dated May 15, 1952, vision, the authority to remit or mitigate This delegation of authority shall be there is hereby delegated to the Assistant forfeitures of— effective as of December 1, 1968. Commissioner (Compliance) and the Di (i) Personal property seized as subject Dated: December 13,1968. rector, Alcohol, Tobacco, and Firearms to administrative forfeiture under inter Division, the authority to administer and nal revenue laws; and R utherford P oats, Acting Administrator. enforce the Federal Alcohol Administra (ii) Vessels, vehicles, or aircraft tion Act (27 U.S.C. chapter 8), including seized as subject to administrative for [F.R. Doc. 69-58; Filed, Jan. 2, 1969; the authority to accept or reject offers feiture under the customs laws for 8:46 a.m.] in compromise submitted pursuant to transporting or concealment therein in such Act, and the determination of ap violation of the Act of August 9, 1939 peals in administrative proceedings in (49 U.S.C. chapter 11), of firearms in volving the denial of applications for respect of which there have been viola DEPARTMENT OF THE INTERIOR beverage permits and the annulment, tions of chapter 53 of the Internal Reve Fish and Wildlife Service nue Code. revocation, and suspension of such 2. The authorities delegated under [Docket No. S-450] permits. paragraph 1 hereof may be redelegated JACK H. ST. CLAIR (c) Pursuant to the authority vested but not below the position of Branch in the Commissioner by 26 CFR Part 177 Chief, except that specified routine ac Notice of Loan Application there is hereby delegated to the Assistant tions Required in processing documents Jack H. St. Clair, Route 1, Box 648, Commissioner (Compliance) and the involving firearms actions may be Toledo, Oreg. 97391, has applied for a FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 No. 2-----8 88 NOTICES T. 9 S„ R.8E., loan from the Fisheries Loan Fund to aid Sec. 25, part of SW^SW1^ south of Saline in financing the purchase of a used 48.3- DEPARTMENT OF AGRICULTURE River; foot registered length wood vessel to en Consumer and Marketing Service Sec. 26, part of SE% south of Saline River; gage in the fishery for salmon and Sec. 35, Ei/2; albacore. FRESH PEACHES GROWN IN Sec. 36. Notice is hereby given pursuant to the GEORGIA T. 10 S., R. 8 E„ provisions of Public Law 89-85 and Fish Secs. 1, 2, 11, and 12. eries Loan Fund Procedures (50 CFR T. 12 S., R. 8 E., Findings and Determinations With Secs. 13,14,19, 20, 21, and 30. Part 250, as revised) that the above-en Respect to Continuation in Effect T. 9 S., R. 9 E„ titled application is being considered by of Amended Marketing Agree Sec. 25, SWi4; the Bureau of Commercial Fisheries, ment and Order Sec. 26, SE%; Fish and Wildlife Service, Department of Sec. 31, S y 2 , Si/2Ni/2; the Interior, Washington, D.C. 20240. Pursuant to the applicable provisions Sec.32, Sy2, Si/2Ni/2; Any person desiring to submit evidence of Marketing Agreement No. 99, as Sec. 33, Si/2,Si/2Ni/2; that the contemplated operation of such amended, and Order No. 918, as amended Sec. 34, Si/2, Sy2Ni/2; sec. 35, sy2, NE14, sy2NWi/4; vessel will cause economic hardship or (7 CFR Part 918), and the applicable Sec. 36, wy2. injury to efficient vessel operators al provisions of the Agricultural Marketing T. 10 S., R. 9 E„ ready operating in that fishery must sub Agreement Act of 1937, as amended (7 Sec. l,N W y 4 ; mit such evidence in writing to the Di U.S.C. 601-674), notice was given in the Sec. 2, N%; rector, Bureau of Commercial Fisheries, F ederal R egister (33 F.R. 17370) that Sec. 3, Ny2; within 30 days from the date of publica a referendum would be conducted among Secs. 4 to 9, inclusive. tion of this notice. If such evidence is re the growers who, during the calendar T. 12 S., R. 9 E„ Sec. 3, wy2; ceived it will be evaluated along with year 1968 (which period was determined Secs. 4, 8, and 9; such other evidence as may be available to be a representative period for the pur Sec. 10, Wx/fc; before making a determination that the pose of such referendum), were engaged, Sec. 15, wy2; contemplated operations of the vessel in Georgia, in the production of peaches Secs. 16, and 17; will or will not cause such economic hard for market to determine whether a ma Sec. 18, Ei/2, SW(4, Si/2NWy4, NWy4NWy4; ship or injury. jority of such growers favor the termi Those fractional parts lying north of the nation of the amended marketing agree Ohio River in secs. 19, 20, 21, and the W illiam M. Terry, of sec. 22. Acting Director, ment and order. T. 8 S., R. 3 W., Bureau of Commercial Fisheries. Upon the basis of the results of the Sec. 7; aforesaid referendum, which was con Sec. 20, Sy2SWi4SWV4; [F.R. Doc. 69-30; Filed, Jan. 2, 1969; sec. 8:45 a.m.] ducted during the period December 7, to 28, sy2, sy2Ny2; December 15, 1968, both dates inclusive, Sec. 33, NWy4. it is hereby found and determined that T. 8 S., R. 4 W., [Docket No. S-452] the termination of the amended market Sec. 12. GEORGE ALVIN MOSHER ing agreement and order, regulating the K i s a t c h i e N a t i o n a l F o r e s t , La. handling of fresh peaches grown in LOUISIANA MERIDIAN Notice of Loan Application Georgia, is not favored by the requisite majority of such growers. T. 3 N„ R. 2 W., George Alvin Mosher, Route 1, Box Sec. 9. 404C, Ocean Park, Wash. 98640, has ap Dated; December 27,1968. T. 4 N„ R. 2 W., plied for a loan from the Fisheries Loan All that part of sec. 62 lying south of Bayou J ohn A. S chnittker, Boeuf; Fund to aid in financing the purchase of Acting Secretary. Sec. 83. a used 30-foot length overall wood vessel [F.R. Doc. 69-42; Filed, Jan. 2, 1969; T. 13 N., R. 4 W., to engage in the fishery for salmon and 8:45 a.m.] All that part of sec. 6 lying east of the sturgeon. Dugdemona River. Notice is hereby given pursuant to the . M a n i s t e e N a t i o n a l F o r e s t , M i c h . provisions of Public Law 89-85 and Fish Office of the Secretary eries Loan Fund Procedures (50 CFR MICHIGAN MERIDIAN Part 250, as revised) that the above- CERTAIN NATIONAL FORESTS T. 14 N., R. 16 W., entitled application is being considered Addition of Lands Secs. 15 to 22, inclusive; by the Bureau of Commercial Fisheries, Secs. 27 to 34, inclusive. Fish and Wildlife Service, Department of Pursuant to authority vested in the T. 16 N., R. 16 W., Secretary of Agriculture by section 11 of Secs. 5 to 8, inclusive; the Interior, Washington, D.C. 20240. Any Sec. 17, NVfc; person desiring to submit evidence that the Act of March 1, 1911 (36 Stat. 961), Secs. 18 and 19. the contemplated operation of such ves as amended, all lands within the areas T. 17 N„ R. 16 W., sel will cause economic hardship or in described below that are now or hereafter Secs. 3,10,15, 22, 27, and 32. jury to efficient vessel operators already acquired by the United States under pro T. 18 N., R. 16 W., operating in that fishery must submit visions of the aforesaid act, or which Secs. 22 to 27, inclusive; such evidence in writing to the Director, otherwise attain status as National Secs. 34 and 35. Bureau of Commercial Fisheries, within Forest land subject to such act, are T. 19 N., R. 16 W., 30 days from the date of publication of Secs. 3 to 5, inclusive; this notice. If such eviden'ce is received hereby designated for administration as Secs. 8 and 9. it will be evaluated along with such other part of the particular National Forest T. 20 N., R. 16 W., evidence as may be available before mak indicated by this order. Secs. 19 to 22, inclusive; Secs. 27, 33, and 34. ing a determination that the contem S h a w n e e N a t i o n a l F o r e s t , III. plated operations of the vessel will or T. 13 N.. R. 17 W., will not cause such economic hardship THIRD PRINCIPAL MERIDIAN Secs. 1,2,11 to 14, inclusive, and 23. T. 12 S„ R. 2 E„ T. 14 N.. R. 17 W., or injury. Secs. .25, 26, 35, and 36. W illiam M. T erry, Secs. 1,12, and 13. T. 12 S„ R. 7 E., T. 16 N„ R. 17 W., Acting Director, Secs. 23 to 26, Inclusive, 35 and 36. ' Secs. 1 to 24, inclusive. Bureau of Commercial Fisheries. T. 13 S., R. 7 E., T. 19 N., R. 17 W.t [F.R. Doc. 69-31; Filed, Jan. 2, 1969; That fractional part of secs. 1 and 2 north All that part of sec. 6 lying north of Big 8:45 ajn.] of the Ohio River. Sable River. FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 89 T. 20 N., R. 17 W., Effective Date: This order shall be ments of section 202 (t) (2) (A) and (B) Secs. 24 and 25; come effective on the date of its publica Sec. 26, S%; of the Social Security Act (42 U.S.C. Sec. 34, E y2; tion in the F ederal R egister. 402(t) (2) (A) and (B>). Secs. 35 and 36. Done at Washington, D.C., this 27th Dated : December 12,1968. T. 19 N„ R. 18 W-, day of December 1968. All that part of sec. 1 lying north of Big [seal] R obert M. B all, Sable River. J ohn A. S chnittker, Commissioner of Social Security. Acting Secretary of Agriculture. C l a r k N a t i o n a l F o r e s t , M o . Approved: December 26,1968. [F.R. Doc. 69-43; Filed, Jan. 2, 1969; FIFTH PRINCIPAL MERIDIAN 8:45 a.m.] W ilbur J. Cohen, T. 35 N„ R. 1 E„ Secretary of Health, Sec. 13, NWy4SWi4; Education, and Welfare. Sec. 14. [F.R. Doc. 69-17; Filed, Jan. 2, 1969; T. 37 N„ R. 10 W., 8:46 a.m.] That part of sec. 16 lying southeast of DEPARTMENT OF HEALTH, EDU Gasconade River; That part of the EJ^SW^SE^ of sec. 31 CATION, AND WELFARE lying southwest of Gasconade River. Social Security Administration FEDERAL COMMUNICATIONS O u a c h i t a N a t i o n a l F o r e s t , O k l a . INDIAN MERIDIAN BARBADOS COMMISSION T. 7 S., R. 26 E., Notice of Finding Regarding Foreign [Dockets Nos. 18333-18337; FCC 68R-542] All that part of sec. 18 lying north of Little Social Insurance or Pension System River. COMMUNICATIONS TECHNICAL T. 10 S„ R. 26 E., Section 202(t)(l) of the Social Secu Secs. 3 and 4. SALES, INC., AND TELEPHONE rity Act (42 U.S.C. 402(t) (1)) prohibits ANSWERING SERVICE A l l e g h e n y N a t i o n a l F o r e s t , P a . payment of monthly benefits to aliens, Tract No. 965, located approximately 7.5 subject to the exceptions described in Memorandum Opinion and Order miles southwest of Warren, Pa., and called sections 202(t)(2) through 202(t) (5) of Enlarging Issues Thompsons Island, as described by deed re the Social Security Act (42 U.S.C. 402 corded in Book 260, Page 218, Registry of (t) (2) through 402(t) (5)), for any In re applications of Communications Deeds, Warren County, Pa. month after they have been outside the Technical Sales, Inc., for consent to as Tract 968, located approximately 4.5 miles United States for 6 consecutive months. signment of license of station KIY585 in northeast of Tionesta, Pa., and called King Section 202(t) (2) of the Social Secu the Domestic Public Land Mobile Radio Island, as described by deed recorded in Book rity Act (42 U.S.C. 402 (t) (2)) provides Service at Columbia, S.C., to L. Marion 65, Page 392, Registry of Deeds, Forest Evans, doing business as Telephone An County, Pa. that section 202 (t) (1) shall not apply to any individual who is a citizen of a for swering Service, Docket No. 18333, File Tract 970, an island located approximately No. 558-C2-AL-67; for renewal of li 1 mile upstream (east) from Tidioute, Pa., eign country which the Secretary of Health, Education, and Welfare finds censes of stations KIY585 and KIY589 in as described by deed recorded in Book 347, the Domestic Public Land Mobile Radio Page 384, Registry of Deeds, Warren County, has in effect a social insurance or pen Pa. sion system which is of general applica Service at Columbia and Sumter, S.C., Tract 984, an island located immediately tion in such country and under which Docket No. 18334, File No. 7546-C2-R-66, south of Tidioute, Pa., as described by deed (A) periodic benefits, or the actuarial File No. 51-C2-R-66; for modification of recorded in Book 351, Page 1161, Registry of equivalent thereof, are paid on account license of station KIY585 in the Domestic Deeds, Warren County, Pa. of old age, retirement, or death, and (B) Public Land Mobile Radio Service at Columbia, S.C., Docket No. 18335, File G e o r g e W a s h i n g t o n N a t i o n a l F o r e s t individuals who are citizens of the United States but not citizens of such No. 388-C2-ML-66; for consent to as VIRGINIA foreign country and who qualify for such signment of license of station KIY589 in Area No. 1—All the land west of the South benefits are permitted to receive such the Domestic Public Land Mobile Radio Fork of the Shenandoah River to the present benefits or the actuarial equivalent Service at Sumter, S.C., to Abraham National Forest boundary that lies between thereof while outside such foreign coun Thorny, doing business as A-Ble Answer a point approximately 1 mile upstream from try without regard to the duration of the ing Service, Docket No. 18336, File No. Bealers Ferry where a creek flows from the absence., 5290-C2-AL-66, and L. Marion Evans, west into the river, and a point about 8 y2 doing business as Telephone Answering miles to the north where the present National Pursuant to authority duly vested in him by the Secretary of Health, Educa Service, for renewal of license of station Forest boundary intersects the river at the KIY760 in the Domestic Public Land Mo end of a road about 1% miles west of tion, and Welfare, the Commissioner of Compton. Social Security has approved a finding bile Radio Service at Columbia, S.C., that Barbados has a social insurance sys Docket No. 18337, File No. 2868-C2-R-66. Area No. 2—All the land around Hartman 1. This proceeding involves applica Knob within a line beginning at a point tem of general application which meets tions for renewal of the licenses of sta where Boones Run goes through Runkles the requirements of section 202 (t) (2) (A) tion KIY585, Columbia, S.C., and KIY- Gap; thence extending southwesterly about in that it pays periodic benefits on ac 4 miles to Harshbarger Gap; thence north count of old age, retirement, or death. 589, Sumter, S.C., in the Domestic Public erly about 3 miles to a point on present N a-. On July 19, 1968, pursuant to an ex Land Mobile Radio Service, both pres tional Forest boundary situated about one- change of notes between the United ently licensed to Communications Tech fourth of a mile southeast of Lairds Knob; States and Barbados, Barbados removed nical Sales, Inc (CTSI). Also sought is thence southeasterly and northeasterly along approval of the transfer of KIY585 to L. present National Forest boundary to the all restrictions on the payment of bene Marion Evans, doing business as Tele point of beginning. Area is described by deed fits to qualified U.S. citizens, effective as phone Answering Service (TSA), and to the United States recorded December 22, of July 1968, thus permitting payment of the transfer of KIY589 to Abraham 1966, Book 346, Page 400, Rockingham benefits to qualified U.S. citizens while County, Va. outside Barbados without regard to the Thorny, doing business as A-Ble Answer WEST VIRGINIA ing Service (Thorny). By Order, FCC 68- duration of the absence. Therefore, the 979, released October 10, 1968, the Com All the land east of the South Fork of social insurance system of Barbados mission designated the applications for South Branch of the Potomac River to the meets the requirements of section hearing on issues inquiring into the ef present National Forest boundary that lies 202(t) (2) (B). ficiency of use of KTY585, unauthorized between a point where State Route 25 crosses Accordingly, it is hereby determined assignment of license transfer and ulti the river and a point approximately 3 miles and found that Barbados has in effect, mate relinquishment of control of such to the south where State Route 30 crosses beginning with July 1968, a social insur station, and the character qualifications the river. ance system which meets the require of TAS and CTSI. Columbia Answering FEDERAL REGISTER; VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 90 NOTICES Service, Inc., licensee of KFL947, Colum ical possession of the station equip trol of CTSI has been transferred with bia, S.C., was made a party to the pro ment; and that CTSI does not have a out Commission approval. Similarly, the ceeding in the designation order. Now listing in the Sumter telephone directory, unexplained circumstances surrounding before the Review Board is a petition to the address recited in the renewal appli the transfer of KIY589 raise a substan enlarge issues, filed October 30, 1968, by cation being that of Thorny’s answering tial question as to whether it has been Columbia Telephone Answering Serv service. In connection with its third re transferred to Thorny in violation of ice, Inc. (Petitioner) 1 seeking the addi quested issue, petitioner notes that section 310(b). The consideration for the tion of the following issues; CTSI’s 1964 Form L (financial report transfer, paid on March 15,1966, was not (1) To determine the ownership of filed pursuant to Rule 1.785) showed made contingent upon Commission ap CTSI, and whether there has been an four operating mobile stations of which proval of the transfer and the agreement unlawful transfer of control of CTSI; two were controlled by CTSI, and the sta does not contemplate that possibility;5 (2) To determine whether the license tion was being operated by two persons the prospective transferee is in actual of KIY589 has been transferred to on a part-time basis; that CTSI’s 1965 possession of the equipment and runs Thorny without prior Commission Form L shows two operating units, one the station under the agency agreement. consent; of which was controlled by CTSI, and While the agency agreement gives CTSI (3) To determine whether CTSI has one part-time operator; and that no full control, there is no showing that such made efficient utilization of station Form L’s were filed for 1966 or 1967. Ac control has in fact been exercised, a par KIY589 and has rendered satisfactory cording to petitioner, an amendment to ticularly troublesome problem because service to its existing customers. the renewal application, filed October 19, Bryant concededly does not reside in 2. In support of its first requested is1966, shows eight subscribers. Contrast Sumter but Thorny does, and because the sue, petitioner asserts that, in the orig ing the number of subscribers actually only telephone listing for the station is inal application for KIY589, CTSI recited served with CTSI's representation in the Thorny’s.® Finally, disregarding entirely that the only shareholders having at original application that it would use the the original estimate of mobile units least a 10 percent interest were R. Paul 50 mobile units authorized strongly sug which would be employed, there is none Bryant, 28 percent, J. J. Brenegar, 12 gests, according to the petitioner, that theless a serious question as to whether percent, and Walter J. Powell, 12 per the station is not operating efficiently efficient use of KIY589 is being made. The cent; and that the Commission has never and that any improvement in the quality number of subscribers actually declined been advised of the other shareholders or of service is due to the transfer of control in 1965-66; the number of persons op of CTSI’s officers and directors, other to Thorny. erating the station was' reduced to an than R. Paul Bryant, president, who has 3. In opposition, CTSI asserts that the absolute minimum; and, other than acted on the company’s behalf, or of any Commission had before it all of the rec vague assurances, we are given no show changes in the composition jof the share ords referred to in the petition at the ing that CTSI made serious efforts to holders and officers of such company. time of the designation order and saw increase its subscribers and improve its Petitioner further notes that a contract no basis for the additional issues; that service. The issues will therefore be between Thorny and CTSI^relating to the the absence of a CTSI listing in the Sum added. In addition, consistent with long transfer of the assets of KIY589 has been ter telephone directory is irrelevant be established precedent, we will, of our own filed as a part of the transfer application; cause such listing is not required by motion, add an issue to determine such contract recites that the considera Commission rules; that the records on whether, in light of the evidence adduced tion for such transfer is the repayment file with the Commission show that there with respect to the control of CTSI and of a personal note of Bryant to a Sumter has been no transfer of control of CTSI the transfer of KIY589, Thorny and/or bank.2 Petitioner asserts, therefore, that or KIY589.® CTSI contends that its CTSI is qualified to be a Commission although Bryant apparently owns only agency agreement with Thorny is a licensee. 28 percent of CTSI stock, he has trans standard type and expressly reserves full 5. Accordingly, it is ordered> That the ferred the assets of station KIY589 in control of KIY589 to CTSI. Finally, CTSI petition to enlarge issues, filed Octo consideration of the discharge of his per contends that the facility is being effi ber 30, 1968, by Columbia Telephone sonal debt; that this suggests that Bryant ciently used as evidenced by the gradual Answering Service, Inc., is granted; and is now either the sole or controlling increase in subscribers. that the issues in this proceeding are stockholder; and that, thus, there is a 4. The Review Board is of the view enlarged by the addition of the follow substantial question of whether control that substantial questions have been ing Issues: of CTSI has bear transferred in viola raised and that the additional issues are (1) To determine the ownership and tion of section 310(b). In support of the warranted.1 CTSI offers no explanation control of Communications Technical second requested issue, petitioner asserts as to why the consideration for the Sales, Inc., and whether there has been that the contract relating to the trans transfer of KIY589 ran to Bryant rather a transfer of control of such company fer of KTY589 was entered into on De than to CTSI, which is putatively the without prior Commission approval; cember 21, 1965; that the request for owner of the equipment; nor is there any (2) To determine whether Communi approval of such contract was not filed explanation of the happenstance that cations Technical Sales, Inc., has trans with the Commission until April 11,1966; Thorny was the guarantor on the note ferred the license of station KIY589, but that the consideration (the repay which was repaid. Absent such explana Sumter, S.C., to Abraham Thorny, doing ment of Bryant’s note by Thorny) had tions, we can only question whether business as A-Ble Telephone Answering been paid on March 15, 1966. Petitioner Service without prior Commission further notes that, by amendment to the Bryant or perhaps Thorny has become approval; request for approval, CTSI filed an the sole stockholder or otherwise the in (3) To determine whether the licensee agreement under which Thorny was des dividual responsible for and entitled to has made efficient utilization of station ignated as agent to operate the station; the benefits from CTSI, and whether con- KIY589 and has rendered satisfactory that in such amendment it is represented service to its existing customers; that Bryant, a resident of Columbia, de * CTSI also asserts that petitioner’s station (4) To determine whether, in light of votes 8-10 hours per month to station is located in Columbia and that it has no the evidence adduced under Issues (1) affairs, whereas Thorny, a resident of interest in or proper concern with KIY589, and (2) above, Communications Tech Sumter, where the station is located, in Sumter. * Without significance is CTSI’s contention nical Sales, Inc., and/or Abraham Thorny spends 4-6 hours per day in regard to that the official records from which the ques station affairs, and owns and is in phys- tions derive were before the Commission at s Petitioner erroneously suggests that the the time of the designation order; the mat request for approval of the transfer of KIY589 1 Also before the Board are: (a) Opposi ters raised herein were not specifically con was filed on Apr. 11,1966; it was, in fact, filed tion, filed Nov. 14, 1968, by CTSI; and (b) sidered by the Commission. Atlantic Broad on Mar. 11, 1966, 4 days prior to the payment reply, filed Nov. 22, 1968, by petitioner. casting Co., FCC 66-1053, 5 FCC 2d 717 of the consideration. a Petitioner notes that a letter from the (1966). In addition, petitioner, having been B We note that given CTSI silence on the bank, filed with the request for approval, made a party to the proceeding without allegations set forth in the petition, the ques recites that Bryant’s note, on which Thorny limitation, has standing to raise the issues tions concerning the transfer of control of was guarantor, was repaid by Thorny. set forth in its petition. CTSI and of KIY589 appear interrelated, FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 91 and A-Ble Telephone Answering Serv The attention of any party in interest governing the time for filing and other ice, through their respective personnel, desiring to file pleadings pursuant to requirements relating to such pleadings. possess the requisite character qualifica section 309 of the Communications Act of tions to be Commission licensees. 1934, as amended, concerning any domes F ederal Communications 6. It is further ordered, That the bur tic public radio services application ac Commission, den of proof as to Issues (1) and (2) cepted for filing, is directed to § 21.27 of [seal] B en F. Waple, shall be upon Columbia Telephone the Commission’s rules for provisions Secretary. Answering Service,' Inc., and that the burden of proof as to Issues (3) and (4) Appendix shall be upon the respective applicants. Applications Accepted for F il in g Adopted: December 27, 1968. DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE Released: December 31, 1968. 3624- C2-P-69—R. L. Mohr, doing business as Advanced Electronics; (New); C.P. for a F ederal Communications new one-way signaling station. Frequency: 158.70 MHz. Location: 6241 Monero Drive, Commission,7 Palos Verdes Estates, Calif. [seal] B en F. W aple, 3625- C2-P-69—General Telephone Co. of Upstate New York, Inc.; (New); C. P. for a new Secretary. one-way station. Frequency: 152.84 MHz. Location: 1 mile north-northeast of Finchville, Mount Hope, N.Y. [F.R. Doc. 69-65; Filed, Jan. 2, 1969; 3626- C2-P-69—Central Exchange Mobile Radio; (KMM599); C. P. to install an additional 8:46 a.m.] channel to operate on frequency 454.275 MHz at its station located 1100 El Camino Real, Mountain View, Calif. 3627- C2-MP-69—South Central Bell Telephone Co.; (KGI276); Modification of C.P. to [Report 420] change antenna system operating on frequency 152.21 MHz at station located approxi mately 4.5 miles north of Dyersburg, Tenn. COMMON CARRIER SERVICES 3629- C2-TC-69—Page Call, Inc.; (KEC935); Consent to transfer of control from Alice E. INFORMATION 1 Buckner, Albert F. Broda, Sr., Catherine Broda, Albert F. Broda, Jr., and Richard Rosander, Transferors, to Radio Relay Corp., Transferee. One-way signaling station at Union- Domestic Public Radio Services, Ap Newark, N.J. plications Accepted for Filing 2 3630- C2-MP-69—Empire Communications Co.; (KOP312); Modification of C.P. to change December 30, 1968. the location of the base station (location No. 1) from 2.3 miles east of Gold Hill, 9 miles northwest of Medford, Oreg., to 521 South Central Street, Medford, Oreg., operating on Pursuant to §§ 1.227(b)(3) and 21.26 152.21 MHz, delete repeater facilities at location No. 1. Frequency 459.15 MHz and FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 RURAL RADIO SERVICE 3670— C1—MP—69—Illinois Bell Telephone Co.; (KZS93); Modification of C.P. to change ^ frequencies from 6137.9 and 11,365 MHz toward Silver Lake, 111., to: 6108.3 and 11,365 MHz 3633- C1-P/L-69—C. L. McHolland, doing business as Dome Communications; (New); C.P. at its station located 2.4 miles north-northwest of centfer of Libertyville, 111. and license for a new Rural Subscriber Fixed station, to operate (5 units) at any temporary, 3671— Cl-MP-69—Illinois Bell Telephone Co.; (KIL65); Modification of C.P. to change fre fixed location within the territory of the grantee. Frequency: 158.61 MHz. quency from 6301 MHz to 6360.3 MHz directed toward Elgin, 111., at station located Silver 3679- Cl-P/ML-69—General Telephone Co. of the Southwest; (KKA94); C. P. and modifica Lake, 1.3 miles northwest of Oakwood Hills, 111. tion of license to replace transmitter operating on frequency 157.89 MHz at station 3672— Cl—MP-69—Illinois Bell Telephone Co.; (KSN60); Modification of C.P. to change located 20 miles southwest of Sonora, Tex. Subscriber: Bill Saveli. frequencies from 6049 MHz to 6137.9 MHz toward Silver Lake, 111., at station located 255 3680- C1-P/ML-69—General Telephone Co. of the Southwest; (KKA95); C.P. and modifica East Chicago Street, Elgin, 111. tion of license to replace transmitter operating on 158.01 MHz location and subscriber: Louis Brooks, 17 miles southeast of Barnhart, Tex. POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) 3681- C1-P/ML-69—General Telephone Co. of the Southwest; (KLH27); C.P. and modifica tion of license to add frequencies 157.83 and 157.92 MHz. Location: Operating (21 units) 3644-C1—ML-69—Brentwood Co.; (KTG33); Modification of license to provide the signal in any temporary fixed location within the territory of the grantee. of KMEX-TV of Los Angeles to San Joaquin Transmission Co., Inc., for use on its CATV system in Kern County, service will be provided by converting the present relay site on POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIERS) Breckenridge Mountain to a drop point. 3628-C1—MP-69—Citizens Telephone Co.; (KYC64); Modification of C.P. to delete fre 3646- C1-P—69—Micro Relay, Inc.; (New); C.P. for a new station at Timberlane Road, Talla quency 6004.5 MHz directed toward Latonia, Ky., and change antenna system for frequency hassee, Fla., at lat. 30°30'34'' N.-long. 84°16'05" W. Frequencies: 5952.6, 6011.9, and 6123.1 MHz at its station located Dry Ridge, 1.8 miles north-northwest of Williams- 6071.2 MHz on azimuth 272° 18'. town, Ky. 3647- Cl-P—69—Micro Relay, Inc.; (New); C.P. for a new station 4.5 miles west of Juniper, 3634- C1—P—69—South Central Bell Telephone Co.; (KLV92); C.P. to change antenna lo Fla., at lat. 30°31'48" N.-long. 84°50'15" W. Frequencies: 6204.7, 6264.0, and 6323.3 MHz cation from lat. 32°80'04" N.-long. 92°06'48" W. To: lat. 32°30'Q4" N.-long. 92°06'49" W. on azimuth 255° 47'. at its station located Oatalpa and Grammont Streets, Monroe, La. Frequency: 4190 MHz. 3648- C1—P-69—Micro Relay, Inc.; (New); C.P. for a new station 7.5 miles west of Clarks 3635- C1-P-69—Bell Telephone Co. of Nevada; (KPY26); C.P. to add frequency 11,645 MHz ville, Fla., at lat. 30°25'29" N.-long. 85°18'50" W. Frequencies: 5997.1, 6056.4, and 6115.7 toward Stone Cabin, Nev., at station located Booker Mountain, 2.6 miles northeast of tvtht: on azimuth 236°07'. (Informative: Applicant proposes to provide the television Tonopah, Nev. signals of WAGA-TV, WQXI-TV, and WSB-TV of Atlanta, Ga., to Florida Antennavision, 3636- C1-P-69—Bell Telephone Co. of Nevada; (KPY27); C.P. to add frequency 10,715 MHz Inc., in Panama City, Fla.) toward Booker Mountain, Nev., and 10,995 MHz toward Warm Springs, Nev., at its station 3649- C1—P—69—American Television Relay, Inc.; (KKT84); C.P. to add frequencies 5960.0, located at Stone Cabin, 21 miles southwest of Warm Springs, Nev. 6019.3, 6078.6, 6137.9, and 6108.3 MHz via power split toward Albuquerque, N. Mex., on 3637- C1-P-69—Bell Telephone Co. of Nevada; (KPY28); C.P. to add 11,445 MHz toward azimuth 233°45'. (Informative: Applicant proposes to provide the television signals of Stone Cabin, Nev., change frequency from 2128.4 MHz to 2128.0 MHz toward Hot Creek KTLA(TV), KHJ—TV, KTTV(TV), and KCOP(TV) of Los Angeles, Calif., and XEJ-TV NOTICES' Valley, Nev., and replace transmitter for same at its station located 2.2 miles west of of Juarez, Mexico, to GenCoe, Inc., in Albuquerque, N. Mex.) Warm Springs, Nev. 3650- Clr-P-69—Mountain Microwave Corp.; (New); C.P. for a new station 2 miles north- 3638- C1-P-69—Bell Telephone Co. of Nevada; (KYC72); C.P. to change frequency from northwest of Redfield, S. Dak., at lat. 44°64'40" N.-long. 98°32'05' W. Frequencies: 10,715, 2178.4 MHz to 2178.0 MHz toward Warm Springs, Nev., at its station located at Hot Creek 10,795, and 10,875 MHz on azimuth 2°28'. (Informative: Applicant proposes to provide Valley, 10 miles northeast of Warm Springs, Nev, the television signals of KRMA-TV and KWGN-TV of Denver, Colo., and one signal, as 3639- C1-P-69—Indiana Bell Telephone Co.; (KSJ45); C.P. to change frequency 6390.0 MHz selected, consisting of KLZ-TV, KOA-TV, and KB TV to Midcontinent Broadcasting Co., to 6197.2 MHz, replace transmitter operating on 11,405 MHz directed toward Montclair, in Aberdeen, S. Dak.) Ind., and add 6256.6, 11,685, 11,485 MHz toward Montclair and change antenna system 3651- C1-P-69—West Texas Microwave Co.; (KTQ81) ; C.P. to power split frequencies 10,815, at its station located 240 North Meridian Street, Indianapolis, Ind. 10,895, and 11,055 MHz toward Snyder, Tex., on azimuth of 355°00'. 3640- C1-P-69—Indiana Bell Telephone Co.; (KSN75); C.P. to replace transmitter operat 3652- C1-P-69—West Texas Microwave Co.; (KTR33); C.P. to add frequencies 11,265, 11,345, ing on 10,755 and 5989.6 MHz and add frequencies 10,915, 10,995, and 6049.0 MHz toward and 11,505 MHz toward Griffins Creek, Tex., on azimuth 317°3'. Lebanon, Ind., change frequency from 6138.0 MHz to 5945.2 MHz and add 6004.5 and 3653- C1-P-69—West Texas Microwave, Co.; (KTR34); C.P. to add frequencies 10,815, 10,895, 10,755 MHz toward Indianapolis, Ind., and change antenna system at its station located and 11,055 MHz toward Pleasant Valley, Tex., on azimuth 312°47'. Montclair 3.5 miles northwest of Danville, Ind. 3654- C1-P-69—West Texas Microwave Co.; (KTR35); C.P. to add frequencies 11,265, 11,345, 3641- C1-P-69—Indiana Bell Telephone Co.; (KSN76); C.P. to replace transmitters operat and 11,505 MHz toward Lubbock, Tex., on azimuth 313°33\ ing on frequencies 11,405 and 11,685 MHz, add 6204,7, 11,565, and 11,645 MHz toward 3655- C1-P-69—West Texas Microwave Co.; (KZI25); C.P. to power split frequencies 10,915, Frankfort, Ind., add 6301.0 and 11,445 MHz toward Montclair, Ind., at its station located and 11,115 MHz and add frequencies 10,735, 10,815, and 11,055 MHz toward Cotton Cen 0.25 mile southeast of Lebanon, Ind. ter, Tex., on azimuth 343°59'. 3642- C1-P-69—Indiana Bell Telephone Co.; (KSN77); C.P. to replace transmitters operat ing on frequencies 10,755, 10,835, 10,955 and 6108.3 MHz and add 5952.6 and 10,715 MHz 3656- C1-P-69—West Texas Microwave Co.; (New); C.P. for a new station at Cotton Center, toward Lebanon, Ind., at its station located 0.5 mile north of Frankfort, Ind. Tex., at lat. 33°57'56" N.-long. 101°58'54" W. Frequencies 11,265, 11,345, 11,425, 11,505, 3643- C1-P-69—Indiana Bell Telephone Co.; (KSN78); C.P. to replace transmitters operat and 11,585 MHz on azimuth 1°51'. ing on frequencies 11,685, 11,525 and 6412.2 MHz at station located 1.5 miles southeast 3657- C1-P-69—West Texas Microwave Co.; (New); C.P. for a new station at McClurg Farm, of Lafayette, Ind. Tex., at lat. 84°25'41" N.-long. 101°57'49" W. Frequencies 10,735, 10,815, 10,895, 11,055, 3667- C1-P-69—California-Pacific Utilities Co.; (KYJ80); C.P. to replace transmitter operat and 11,135 MHz on azimuth 358°56'. ing on frequency 2179.2 MHz at its station located at Montello, Nev. 8658-C1—P—69—West Texas Microwave Co.; (New); C.P. for a new station at Jennings Farm, 3668- C1-P-69—California-Pacific Utilities Co.; (KYJ81); C.P. to replace transmitter operat 5.4 miles northwest of Ogg, Tex., at lat. 34°52'19" N.-long. 101°58'25" W. Frequencies ing on 2171.2 MHz at station located 2.7 miles northwest of Wells, Nev. 11,265, 11,345, 11,425, 11,505, and 11,585 MHz on azimuth 18°30' and 15°46'. (Informative: 3669- Cl—P-69—California-Pacific Utilities Co.; (KYJ82); C.P. to replace transmitters operat Applicant proposes to provide the television signals of KMEC-TV, KFWT-TV, KDTV, ing on frequencies 2120.2 and 2129.2 MHz at its station located Pequop Summit, 23 miles KTVT, and KERA-TV of the Fort Worth-Dallas area to Amarillo, Tex., for delivery to east of Wells, Nev. Total Television of Amarillo.) FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 93 POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE)---- C o n t i n u e d The publications hereinafter set forth 3659- C1-P-69—West Texas Microwave Co.; (New); C.P. for a new station at Seventh and reflect the scope of the applications as North Grant Avenue in Odessa, Tex., at lat. 31°51'00'' N.-long. 102°22'13" W. Frequencies filed by applicants, and may include de 11,265 and 11,345 MHz on azimuth 288°17'. scriptions, restrictions, or limitations 3660- C1-P-69—West Texas Microwave Co.; (New); C.P. for a new station at KVKM-TVwhich are not in a form acceptable to tower in Goldsmith, Tex., at lat. 31°59'17" N.-long. 102°51'59" W. Frequencies 10,815 the Commission. Authority which ulti and 10,895 MHz on azimuth 246°24'. mately may be granted as a result of the 3661- C1-P-69—West Texas Microwave Co.; (New); C.P. for a new station 15.8 miles west applications here noticed will not neces of Wink, Tex., at lat. 31<>46'50" N.-long. 103'25'18" W. Frequencies 11,265 and 11,345 MHz on azimuth 301° 16'. sarily reflect the phraseology set forth 3662- C1-P-69—West Texas Microwave Co.; (New); C.P. for a new station in Mason, Tex., in the application as filed, but also will at lat. 31°57'25'' N.-long. 103°46'02'' W. Frequencies 10,815 and 10,895 MHz on azimuth eliminate any restrictions which are not 262°11'. acceptable to the Commission. 3663- C1-P-69—West Texas Microwave Co.; (New); C.P. for a new station in Guadalupe, No. MC 531 (Sub-No. 245), filed De Tex., at lat. 31°49'56'' N.-long. 104°48'31'' W. Frequencies 11,265 and 11,345 MHz on cember 11, 1968. Applicant: YOUNGER azimuth 256 * 11'. BROTHERS, INC., 4904 Griggs Road, 3664- Cl—P—69—West Texas Microwave Co.; (New); C.P. for a new station in Borrego, Tex., Post Office Box 14048, Houston, Tex. at lat. 31°37'45" N.-long. 105o45'39'' W. Frequencies 10,815 and 10,895 MHz on azimuth 77021. Authority sought to operate as a 284°45\ (Informative: Applicant proposes to provide the television signals of KTVT of common carrier, by motor vehicle, over Fort Worth and KDTV of Dallas to El Paso, Tex., for delivery to El Paso Cablevision, Inc.) irregular routes, transporting: Alcoholic 3696—Cl—TC—(3)-69—Garden State Micro Belay, Inc.; Consent to transfer of control from liquors, in bulk, in tank vehicles; (1) Electronics Capital Corp. (de facto control), transferor, to Electronics Capital Corp. (de from Toledo, Ohio, and Chicago, 111., to Jure control), Transferee. Stations: (KEM55)—near Chatsworth, N.J. (KEM56)—Mil- Burlingame and San Francisco, Calif.; may, N.J, (KYZ90)—North Wildwood, N.J. and (2) from New Orleans, La., to Pe [F.B. Doc. 69-64; Filed, Jan. 2, 1969; 8:46 a.m.] oria, HI., Burlingame and San Francisco, Calif. Note: Common control may be involved. If a hearing is deemed neces R egister. Failure seasonably to file a sary, applicant requests it be held at TARIFF COMMISSION protest will be construed as a waiver of Chicago, 111. [332-57] opposition and participation in the pro ceeding. A protest under these rules No. MC 1630 (Sub-No. 13), filed De OLIVES should comply with § 1.247(d) (3) of the cember 11,1968. Applicant: D. D. JONES rules of practice which requires that it TRANSFER & WAREHOUSE COM Notice of Postponement of Hearing PANY, INCORPORATED, 630 Poindex set forth specifically the grounds upon ter Street, Chesapeake, Va. 23506. Appli D ecember 30, 1968. which it is made, contain a detailed cant’s representative: Morton E. Kiel, Notice is hereby given that the hear statement of Protestant’s interest in the 140 Cedar Street, New York, N.Y. 10006. ing scheduled to begin on January 13, proceeding (including a copy of the spe Authority sought to operate as a com 1969, in connection with the investiga cific portions of its authority which pro- mon carrier, by motor vehicle, over ir tion by the U.S. Tariff Commission of testant believes to be in conflict with regular routes, transporting: Plywood, the importation of olives into the United that sought in the application, and de and in connection therewith, accessories States, as announced in the F ederal scribing in detail the method—whether by joinder, interline, or other means—by used in the installation thereof; (1) from R egister of October 29, 1968 (33 F.R. Danville, Va., to points in Alabama, 15922), has been postponed indefinitely. which protestant would use such author ity to provide all or part of the service Georgia, Florida, Mississippi, North Issued: December 30,1968. Carolina, and South Carolina; ahd (2) proposed), and shall specify with par from Norfolk, Va., to points in North By order of the Commission. ticularity the facts, matters, and things relied upon, but shall not include issues Carolina, and returned shipments, on [seal] D onn N. B ent, or allegations phrased generally. Protests return. Note: If a hearing is deemed Secretary. necessary, applicant requests it be held not in reasonable compliance with the at Washington, D.C. [F.B. Doc. 69-57; Filed, Jan. 2, 1969; requirements of the rules may be rejected. 8:45 a.m.] The original and one copy of the protest No. MC 5470 (Sub-No. 51), filed De shall be filed with the Commission, and cember 11, 1968. Applicant: TAJON, a copy shall be served concurrently upon INC., Rural Delivery No. 5, Mercer, Pa. applicant’s representative, or applicant 16137. Applicant’s representative: Don INTERSTATE COMMERCE if no representative is named. If the pro Cross, 917 Munsey Building, Washington, test includes a request for oral hearing, D.C. 20004. Authority sought to operate COMMISSION such requests shall meet the require as a common carrier, by motor vehicle, over irregular routes, transporting: Al [Notice 1254] ments of § 1.247(d) (4) of the special rulesrand shall include the certification loys, ores, silicon metals, scrap metals, MOTOR CARRIER, BROKER, WATER required therein. scrap steel shapes, pig iron, coke, lime CARRIER AND FREIGHT FOR stone, and-clay, in dump vehicles, be Section 1.247(f) of the Commission’s tween Charleston, S.C., on the one hand, WARDER APPLICATIONS rules of practice further provides that each applicant shall, if protests to its and, on the other, points in Connecticut, D ecember 27, 1968. application have been filed, and within Delaware, Illinois, Indiana, Kentucky, The following applications are gov 60 days of the date of this publication, Maryland, Michigan, New Jersey, New erned by Special Rule 1.2471 of the Com notify the Commission in writing, (1) York, Ohio, Pennsylvania, Virginia, and mission’s general rules of practice (49 that it is ready to proceed and prosecute West Virginia. Note: If a hearing is CFR, as amended), published in the F ed the application, or (2) that it wishes to deemed necessary, applicant requests it be held at Washington, D.C., or Buffalo, eral R egister issue of April 20, 1966, ef withdraw the application, failure in N.Y. fective May 20,1966. These rules provide, which the application will be dismissed by the Commission. No. MC 14321 (Sub-No. 5), filed De among other things, that a protest to cember 9, 1968. Applicant: ENGEL the granting of an application must be Further processing steps (whether modified procedure, oral hearing, or other BROTHERS, INC., 901 Julia Street, filed with the Commission within 30 days procedures) will be determined generally Elizabeth, N.J. 07201. Applicant’s repre after date of notice of filing of the ap in accordance with the Commission’s sentative: Robert J. Gallagher, 111 State plication is published in the F ederal general policy statement concerning mo Street, Boston, Mass. 02109. Authority tor carrier licensing procedures, pub sought to operate as a common carrier, 1 Copies of Special Rule 1.247 (as amended) lished in the F ederal R egister issue of by motor vehicle, over irregular routes, can be obtained by writing to the Secretary, May 3, 1966. This assignment will be by transporting: Household goods, as de Interstate Commerce Commission, Washing Commission order which will be served fined by the Commission, between points ton, D.C. 20423. on each party of record. in Louisiana, on the one hand, and, on FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 94 NOTICES the other, points in Texas. Note: Appli INC., Calvary Street, Waltham, Mass. purpose of the instant application is to cant states it presently holds authority 02154. Applicant’s representative: Harry remove the restriction and the reference to provide the service sought by using C. Ames, Jr., 529 Transportation Build to the points of joinder included in its Arkansas as a gateway, and the purpose ing, Washington, D.C. 20006. Authority Sub 23. Applicant further states that this of the instant application is to seek re sought to operate as a common carrier, application is filed for the purpose of moval of this gateway. Applicant indi by motor vehicle, over irregular routes, establishing a more economical and effi cates tacking at points in Louisiana and transporting: Slag, granulated, ground, cient route between Cedar Rapids, Iowa, Texas with its other presently held au pulverized, or lump, between Bow, N.H. and St. Louis, Mo. Common control may thority wherein its operations involve (Merrimack County), and points within be involved. If a hearing is deemed neces points in Alabama, Arkansas, Connecti 5 miles thereof, on the one hand, and, on sary, applicant requests it be held at Des cut, Delaware, the District of Columbia, the other, points in Connecticut, Massa Moines, Iowa. Florida, Georgia, Illinois, Indiana, Iowa, chusetts, Maine, New Hampshire, New No. MC 59264 (Sub-No. 44), filed Kansas, Kentucky, Louisiana, Maine, Jersey, New York, Rhode Island, and Ver December 9, 1968. Applicant: SMITH & Maryland, Massachusetts, Michigan, mont. Note : If a hearing is deemed nec SOLOMON TRUCKING COMPANY, a Minnesota, Mississippi, Missouri, New essary, applicant does not specify corporation, How Lane, New Brunswick, Hampshire, New Jersey, New York, location. N.J. Applicant’s representative: Herbert North Carolina, Ohio, Oklahoma, Penn No. MC 50307 (Sub-No. 47), filed Burstein, 160 Broadway, New York, N.Y. sylvania, Rhode Island, South Carolina, December 9, 1968. Applicant: INTER 10038. Authority sought to operate as a Tennessee, Texas, Vermont, Virginia, STATE DRESS CARRIERS, INC., 247 common carrier, by motor vehicle, over West Virginia, and Wisconsin. If a hear West 35th Street, New York, N.Y. 10001. irregular routes, transporting: Ordinance ing is deemed necessary, applicant re Applicant’s representative: Herbert Bur- and quartermaster supplies for the U.S. quests it be held at New Orleans, La. stein, 160 Broadway, New York, N.Y. Government, between points in New No. MC 29555 (Sub-No. 53), filed De 10038. Authority sought to operate as a York, New Jersey, Connecticut, Massa cember 9, 1968. Applicant: BRIGGS common carrier, by motor vehicle, over chusetts, Rhode Island, Maine, Pennsyl TRANSPORTATION CO., a corporation, irregular routes, transporting: Wearing vania, Delaware, Maryland, Virginia, 2360 West County Road C, St. Paul, apparel and material and supplies used New Hampshire, Vermont, and the Dis Minn. 55113. Authority sought to operate in the manufacture thereof, between trict of Columbia. Note: If a hearing is as a common carrier, by motor vehicle, points in the New York, N.Y., commercial deemed necessary, applicant requests it over regular routes, transporting: Gen zone, North Bergen, Hackensack, and be held at New York, N.Y., or Washing eral commodities (except those of un Paterson, N.J., Reading and Philadel ton, D.C. usual value, livestock, classes A and B phia, Pa., on the one hand, and, on the No. MC 59367 (Sub-No. 62) (Correc explosives, household goods as defined other, Grafton, W. Va. Note : If a hearing tion) , filed November 21, 1968, published by the Commission, commodities in bulk, is deemed necessary, applicant requests in the F ederal R egister issue of Decem and those requiring special equipment) it be held at New York, N.Y. ber 19,1968, and republished as corrected, (except those requiring temperature No. MC 50493 (Sub-No. 40), filed this issue. Applicant: DECKER TRUCK control), serving Jackson County Iron December 6, 1968. Applicant: P. C. M. LINE, INC., Post Office Box 915, Fort Mine, 6 miles east of Black River Falls, TRUCKING, INC., 1063 Main Street, Dodge, Iowa 50501. Applicant’s repre Wis., as an off-route point in connection Orefield, Pa. Applicant’s representative: sentative William A. Landau, 1451 East with applicant’s authorized regular Frank A. Doocey, 601 Hamilton Street, Grand Avenue, Des Moines, Iowa 50306. route operations. Note: If a hearing is Allentown, Pa. 18101. Authority sought Authority sought to operate as a common deemed necessary, applicant requests it to operate as a common carrier, by motor carrier, by motor vehicle, over irregular be held at Chicago, HI., Minneapolis, vehicle, over irregular routes, transport routes, transporting: Foodstuffs, from Minn., or Des Moines, Iowa. ing: Animal feed ingredients such as the plantsite and/or storage facilities "No. MC 30887 (Sub-No. 157), filed De meat scrap, bone meal, tankage, dry, in used by Green Giant Co., at or near Bel- cember 9, 1968. Applicant: SHIPLEY bulk, in self-unloading equipment, be videre, HI., to points in Iowa, Nebraska, TRANSFER, INC., 49 Main Street, Post tween points in Chemung, Tioga, and and Missouri. Note : The purpose of this Office Box 55, Reisterstown, Md. 21136. Broome Counties, N.Y., and points in republication is to show the correct Applicant’s representative: W. Wilson Pennsylvania north of Interstate High Docket number as MC 59367 in lieu of Corroum (same address as applicant). way 78 between Harrisburg and Easton, MC 59637, which was previously pub Authority sought to operate as a com Pa., east of the Susquehanna River. lished. If a hearing is deemed necessary, mon» carrier, by motor vehicle, over ir Note: Applicant has contract carrier applicant requests it be held at Chicago, regular routes, transporting: Plastic pel authority in MC 115859 and subs there HI. lets, powder, or grannies, in bulk, from under, therefore, dual operations may be No. MC 59367 (Sub-No. 63), filed De Baltimore, Md., to Lynchburg, Va. Note: involved. If a hearing is deemed neces cember 5, 1968. Applicant: DECKER If a hearing is deemed necessary, ap sary, applicant requests it be held at TRUCK LINE, INC., Post Office Box 915, plicant requests it be held at Washing Washington, D.C., or Philadelphia, Pa. Fort Dodge, Iowa 50501. Applicant’s rep ton, D.C. No. MC 52310 (Sub-No. 26), filed resentative: Donald L. Stem, 630 City No. MC 31600 (Sub-No. 636), filed November 15, 1968. Applicant: BRUCE National Bank Building, Omaha, Nebr. December 11, 1968. Applicant: P. B. MOTOR FREIGHT, INC., 3920 Dela 68102. Authority sought to operate as a MUTRIE MOTOR TRANSPORTATION, ware Street, Post Office Box 623, Des common carrier, by motor vehicle, over INC., Calvary Street, Waltham, Mass. Moines, Iowa 50303. Applicant’s repre irregular routes, transporting: Building 02154. Applicant’s representative: Harry sentative: Homer E. Bradshaw, 11th materials, from Fort Dodge, Iowa, to C. Ames, Jr., 529 Transportation Build Floor, Des Moines Building, Des Moines, points in Wisconsin. Note: If a hearing ing, Washington, D.C. 20006. Authority Iowa 50309. Authority sought to operate is deemed necessary, applicant does not sought to operate as a common carrier, as a common carrier, by motor vehicle, specify a location. by motor vehicle, over irregular routes, over regular routes, transporting: Gen No. MC 61403 (Sub-No. 188), filed De transporting: Water softening com eral commodities (except those of unu cember 13,1968. Applicant: THE MASON pound, dry, in bulk, from Nashua, N.H., sual value, class A and B explosives, bul AND DIXON TANK LINES, INC., East to Port Ivory, Staten Island, N.Y., Balti lion, livestock, household goods as defined man Road, Kingsport, Tenn. 37662. Ap more, Md., Quincy, Mass., Augusta, Ga., by the Commission, commodities in bulk, plicant’s representative: W. C. Mitchell, Cincinnati, Ohio, Chicago, HI., and St. and those requiring special equipment), 140 Cedar Street, New York, N.Y. 10006. Louis, Mo. Note: Common control may between Cedar Rapids and Mount Pleas Authority sought to operate as a com be involved. If a hearing is deemed neces ant, Iowa, over U.S. Highway 218 to mon carrier, by motor vehicle, over ir sary, applicant does not specify a Mount Pleasant, and return over the regular routes, transporting: Chemicals, location. same route, serving no intermediate in bulk, from Pedricktown, N.J., to points No. MC 31600 (Sub-No. 637), filed points, in connection with carriers pres in Alabama, Arkansas, Connecticut, Del December 13, 1968. Applicant: P. B. ently authorized regular route opera aware, District of Columbia, Florida, MUTRIE MOTOR TRANSPORTATION, tions. Note: Applicant states that the Georgia, Hlinois, Indiana, Iowa, Ken- FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 95 tucky, Louisiana, Mississippi, Missouri, at La Crosse. Note: If a hearing is transporting: Trailers designed to be Maine, Maryland, Massachusetts, Michi deemed necessary, applicant requests it drawn by passenger automobiles in initial gan, Minnesota, New Hampshire, New be held at Minneapolis, Minn., Chicago, movements, from points in Cabarrus Jersey, New York, North Carolina, Ohio, HI., or Washington, D.C. County, N.C., to points in the United Pennsylvania, Rhode Island, South Car No. MC 78460 (Sub-No. 26), filed De States (except Alaska and Hawaii). olina, Tennessee, Texas, Vermont, Vir cember 11, 1968. Applicant: BEAUFORT Note: If a hearing is deemed necessary, ginia, West Virginia, and Wisconsin. TRANSFER COMPANY, a corporation, applicant requests it be held at Charlotte, Note: If a hearing is deemed necessary, Post Office Box 102, Gerald, Mo. 63037. N.C. applicant requests it be held at Wash Applicant’s representative: Thomas F. No. MC 103993 (Sub-No. 365), filed ington, D.C. Kilroy, 1341 G Street NW., Washington, December 9, 1968. Applicant: MORGAN No. MC 61592 (Sub-No. 134), filed D.C. 20005. Authority sought to operate DRIVE AWAY, INC., 2800 West Lexing December 9, 1968. Applicant: JENKINS as a common carrier, by motor vehicle, ton Avenue, Elkhart, Ind. 46514. Appli TRUCK LINE, INC., 3708 Elm Street, over regular routes, transporting: Gen cant’s representatives: Bill R. Privitt and Bettendorf, Iowa 52722. Applicant’s eral commodities (except those of un Ralph H. Miller (same address as ap representative: Val M. Higgins, 1000 usual value, class A and B explosives, plicant) . Authority sought to operate as First National Bank Building, Minne household goods as defined by the Com a common carrier, by motor vehicle, apolis, Minn. 55402. Authority sought to mission, commodities in bulk, and those over irregular routes, transporting: operate as a common carrier, by motor requiring special equipment), between Trailers designed to be drawn by pas-, vehicle, over irregular routes, transport Belle, Mo., and Lamar, Mo., as follows: senger automobiles, in initial movements, ing: (1) Cylinder finishers from Ida From Belle over Missouri Highway 28 to from points in Brown County, Minn., to Grove, Iowa, to points in the United junction U.S. Highway 63, thence over points in the United States (except States (except Hawaii), and (2) ma U.S. Highway 63 to junction U.S. High Alaska and Hawaii). Note: If a hearing terials, equipment and supplies used in way 66 and Interstate Highway 44, thence is deemed necessary, applicant requests the manufacture and distribution of (1) over U.S. Highway 66 and Interstate it be held at Minneapolis, Minn. above from points in the United States Highway 44 to their junction with U.S. No. MC 105007 (Sub-No. 21), filed (except Hawaii), to Ida Grove, Iowa. Highway 71, thence over U.S. Highway December 16, 1968. Applicant: MATSON Note : Applicant states it could tack with 71 to junction U.S. Highway 160; and TRUCK LINES, INC., 1407 St. John Item 12 of applicant presently held thence over U.S. Highway 160 to Lamar, Avenue, Albert Lea, Minn. .56007. Appli authority, authorizing machinery be and return over the same route serving cant’s representative: A. R. Fowler, 2288 tween Iowa and portions of Illinois and no intermediate points. Note : If a hear University Avenue, St. Paul, Minn. 55114. Wisconsin. If a hearing is deemed neces ing is deemed necessary, applicant re Authority sought to operate as a common sary, applicant requests it be held at Des quests it be held at Joplin or Kansas City, carrier, by motor vehicle, over irregular Moines, Iowa, or Omaha, Nebr. Mo. routes, transporting: Laminated wood No. MC 64932 (Sub-No. 462), filed No. MC 85465 (Sub-No. 15), filed De products, lumber, related articles, and December 16, 1968. Applicant: ROGERS cember 6, 1968. Applicant: WEST NE accessories therefor, from Weyerhaeuser CARTAGE CO., a corporation, 1439 West BRASKA EXPRESS, INC., Post Office Co. plants and facilities in Minnesota, to 103d Street, Chicago, HI. 60603. Appli Drawer 350, Scottsbluff, Nebr. 69361. Ap points in Connecticut, Delaware, Illinois, cant’s representative: Carl L. Steiner, 39 plicant’s representative: Truman A. Indiana, Iowa, Kansas, Maine, Maryland, South La Salle Street, Chicago, 111. 60603. Stockton, Jr., The 1650 Grant Street Massachusetts, Michigan, Missouri, Ne Authority sought to operate as a common Building, Denver, Colo. 80203. Authority braska, New Hampshire, New Jersey, New carrier, by motor vehicle, over irregular sought to operate as a common carrier, York, North Dakota, Ohio, Pennsylvania, routes, transporting: Alcohol, grain neu by motor vehicle, over irregular routes, Rhode Island, South Dakota, Vermont, tral spirits, and alcoholic liquors, in bulk,. transporting: Fresh hams, from Austin, Virginia, Wisconsin, and the District of in tank trailers, from Peoria, HI., ports Minn., Sioux Falls and Huron, S. Dak., Columbia. Note: Common control may of entry on the international boundary Wichita, Kans., Chicago, 111., and points be involved. If a hearing is deemed line between the United States and in Missouri and Iowa, to Scottsbluff, necessary, applicant requests it be held Canada, located at Detroit and Port Nebr., and Delphos, Ohio. Note: If a at Minneapolis, Minn. Huron, Mich., and Paints in New York, hearing is deemed necessary, applicant No. MC 106398 (Sub-No. 381), filed New Jersey, Pennsylvania, and Mary requests it be held at Denver, Colo., or December 2,1968. Applicant: NATIONAL land, to Burlingame, Calif. Note: If a Omaha, Nebr. TRAILER CONVOY, INC., 1925 National hearing is deemed necessary, applicant No. MC 95540 (Sub-No. 740), filed De Plaza, Tulsa, Okla. 74151. Applicant’s requests it be held at Chicago, 111. cember 11, 1968. Applicant: WATKINS representative: Irvin Tull (same address No. MC 76025 (Sub-No. 13), filed De MOTOR LINES, INC., 1120 West Griffin as applicant). Authority sought to op cember 16, 1968. Applicant: OVERLAND Road, Lakeland, Fla. 33801. Applicant's erate as a common carrier, by motor EXPRESS, INC., 498 First Street NW., representative: Paul E. Weaver (same vehicle, over irregular routes, transport New Brighton, Minn. 55112. Appli address as applicant). Authority sought ing: Trailers designed to be drawn by cant’s representative: James F. Sexton to operate as a common carrier, by motor passenger automobiles, and buildings in (same address as applicant). Authority vehicle, over irregular routes, transport sections, equipped with a hitch ball con sought to operate as a contract carrier, ing: Canned preserved foodstuffs, not nector, from points in Lincoln County, by motor vehicle, over irregular routes, cold pack or frozen, from Red Creek, Miss., to points in the United States (ex transporting: Meat, meat products, meat Waterloo, Rushville, Penn Yan, Egypt, cept Alaska and Hawaii). Note: Com byproducts, dairy products, and articles Fairport, Lyons, Newark, and Syracuse, mon control may be involved. If a hear distributed by meat packinghouses, as N.Y., and West Chester,. Pa., to points ing is deemed necessary, applicant re described in sections A, B, and C of ap in Alabama, Arkansas, Georgia, Florida, quests it be held at Jackson, Miss. pendix I to the report in Descriptions in Kentucky, Mississippi, North Carolina, No. MC 107295 (Sub-No. 150), filed Motor Carrier Certificates, 61 M.C.C. 209 Oklahoma, South Carolina, Tennessee, December 16,1968. Applicant: PRE-FAB and 766, from La Crosse and Middleton, Texas, Virginia, and West Virginia. TRANSIT CO., a corporation, 100 South Wis., Clinton, Iowa, and the Swift & Co. Note: If a hearing is deemed necessary, Main Street, Farmer City, HI. 61842. Ap plantsite near West Bend, Wis., to points applicant requests it be held at Roches plicant’s representatives: Dale L. Cox, in Connecticut, Delaware, the District of ter or Buffalo, N.Y., or Washington, D.C. Post Office Box 146,' Farmer City, 111. Columbia, Maine, Maryland, Massachu No. MC 103993 (Sub-No. 364), filed 61842, and Mack Stephenson, 301 Build setts, New Hampshire, New Jersey, New December 9, 1968. Applicant: MORGAN ing, 301 North Second Street, Springfield, York, Pennsylvania, Rhode Island, Ver DRIVE AWAY, INC., 2800 West Lexing HI. 62702. Authority sought to operate mont, Virginia, and West Virginia.. Re ton Avenue, Elkhart, Ind. 46514. Appli as a common carrier, by motor vehicle, over irregular routes, transporting: striction: That shipments from Middle- cant’s representative: Bill R. Privitt Commodities bought, sold, and distrib ton, Clinton, and the Swift & Co. plant- (same address as applicant). Authority uted by paint manufacturers, ‘from Pat site near West Bend will only be handled sought to operate as a common carrier, erson, N-J., to points in Ohio, Kentucky, in connection with shipments originating by motor vehicle, over irregular routes, Tennessee, Indiana, Michigan, Wiscon- FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 No. 2-----9 96 NOTICES sin, Illinois, Minnesota, Iowa, Missouri, (1) From the plantsite of Owens-Com necessary, applicant requests it be held and Arkansas. N o te: If a hearing is ing Fiberglas Corp. at or near Hunting at Washington, D.C. deemed necessary, applicant requests it don, Pa., to points in Alabama, Arkan No. MC 114273 (Sub-No. 35), filed be held at Washington, D.C. sas, Colorado, Florida, Georgia, Iowa, December 13, 1968. Applicant: CEDAR No. MC 107295 (Sub-No. 151), filed Kansas, Kentucky, Louisiana, Minne RAPIDS STEEL TRANSPORTATION, December 16,1968. Applicant: PRE-FAB sota, Mississippi, Missouri, Montana, INC., Post Office Box 68, Cedar Rapids, TRANSIT CO., a corporation, 100 South Nebraska, New Mexico, North Dakota, Iowa 52406. Applicant’s representative: Main Street, Farmer City, HI. 61842. Ap Oklahoma, South Dakota, Tennessee, Gene Prokuski (same address as appli plicant’s representatives: Dale L. Cox, Texas, Wisconsin, Wyoming, and the cant) . Authority sought to operate as a Post Office Box 146, Farmer City, 111. District of Columbia; and, (2) from the common carrier, by motor vehicle, over 61842, and Mack Stephenson, 301 Build plantsite of Owens-Coming Fiberglas irregular routes, transporting: Iron and ing, 301 North Second Street, Springfield, Corp. at or near Valparaiso, Ind., to steel articles, from the plantsites, ship HI. 62702. Authority sought to operate as points in Alabama, Arkansas, Colorado, ping points, and warehouses of Con a common carrier, by motor vehicle, over Connecticut, Delaware, Florida, Georgia, tinental Steel Corp., located in Howard irregular routes, transporting: Galva Hlinois, Indiana, Iowa, Kansas, Ken County, Ind., to points in the United nized, vinyl or aluminized chain link tucky, Louisiana, Maine, Maryland, States on and east of U.S. Highway 85; fencing, fencing fixtures and accessories, Massachusetts, Michigan, Minnesota, and, materials, equipment, and supplies tubing, fence pipe and standard weight Mississippi, Missouri, Montana, Ne used in the manufacture and processing pipe in cut lengths and mill lengths, re braska, New Hampshire, New Jersey, of iron and steel articles, on return. Re inforcement (concrete) wire mesh, from New Mexico, New York, North Carolina, strictions: Above-proposed operations Bladensburg, Md., to points in Michi North Dakota, Ohio, Oklahoma, Penn are restricted to the transportation of gan, Missouri, Ohio, Indiana, Alabama, sylvania, Rhode Island, South Carolina, traffic originating at or destined to the HlinoiSj Iowa, Kentucky, Wisconsin, South Dakota, Tennessee, Texas, Ver named origins and destinations, and are Tennessee, Arkansas, Mississippi, South mont, Virginia, West Virginia, Wiscon restricted against the transportation of Carolina, North Carolina, Georgia, West sin, Wyoming, and the District of Co commodities in bulk. Note : If a hearing Virginia, Virginia, Pennsylvania, New lumbia. Note: If a hearing is deemed is deemed necessary, applicant requests Jersey, New York, Delaware, Rhode Is necessary, applicant requests it be held it be held at Indianapolis, Ind. land, Connecticut, Massachusetts, Ver at Washington, D.C. No. MC 114608 (Sub-No. 23), filed mont, New Hampshire, Maine, and the No. MC 111940 (Sub-No. 46), filed December 12, 1968. Applicant: CAPITAL District of Columbia. N o t e: If a hearing December 16, 1968.. Applicant: SMITH’S EXPRESS, INC., 1621 Century Avenue is deemed necessary, applicant requests TRUCK LINES, a corporation, Post Of SW., Grand Rapids, Mich. 49509. Appli it be held at Washington, D.C. fice Box 88, Muncy, Pa. 17756. Appli cant’s representative: Wilhelmina No. MC 109501 (Sub-No. 10), filed De cant’s representative: John M. Mussel- Boersma, 1600 First Federal Building, cember 16, 1968. Applicant: CALHOUN man, 400 North Third Street, Harris Detroit, Mich. 48226. Authority sought TRUCKING CORP., 319 Jacet Road, burg, Pa. 17108. Authority sought to to operate as a contract carrier, by motor Kearny, N.J. 07032. Applicant’s repre operate as a common carrier, by motor vehicle, over irregular routes, transport sentative: Morton E. Kiel, 140 Cedar vehicle, over irregular routes, transport ing: (1) Refrigerators, freezers, air cool Street, New York, N.Y. 10006. Authority ing: Materials and supplies used in the ers and cooling or freezing machines sought to operate as a contract carrier, agricultural, water treatment, food proc and parts therefor when moving with by motor vehicle, over irregular routes, essing, wholesale grocery, and institu same; and (2) materials, equipment, and transporting: (1) Household appliances, tional supply industries, when shipped supplies used in the manufacture thereof furnaces, air cleaners, conditioners, heat in mixed loads with salt (otherwise au (except steel and commodities which be ers, humidifiers, and dehumidifiers, from thorized) , from Silver Springs, Retsof, cause of size or weight or inherent nature the plantsite of Fedders Corp. of Edison and Watkins Glen, N.Y., to points in requires the use of special equipment or (Middlesex County), N.J., to points in Connecticut, Delaware, District of Co special handling); (1) from Belding and Pennsylvania (except Scranton, Tunk- lumbia, Maine, Maryland, Massachusetts, Greenville, Mich., to points in Ohio, In hannock, Honesdale, Philadelphia, West New Hampshire, New Jersey, Ohio, diana, and Illinois; and (2) from points Hazelton, and Hazelton), New York (ex Pennsylvania, Rhode Island, Vermont, in Ohio, Indiana, and Illinois, to Belding cept New York, N.Y„ points in Orange, Virginia, and West Virginia. Note: Ap and Greenville, Mich.; under contract Rockland, Ulster, Greene, Albany, Sche plicant states upon grant of the sought with Kelvinator, Inc. Note: Common nectady, Rensselaer, Columbia, Dutches, authority, it will request cancellation of control and dual operations may be in Putnam, Westchester, Nassau, and Suf certificate No. MC 111940, Sub 28 and volved. If a hearing is deemed necessary, folk Counties), Connecticut (except that Sub 36 which authorize transportation applicant requests it be held at Detroit part of Connecticut west of the Connecti of pepper, in packages, in mixed ship or Lansing, Mich. cut River), Rhode Island, Massachusetts, ments with salt from Silver Springs and No. MC 119631 (Sub-No. 12), filed Maryland, Delaware, District of Colum Watkins Glen, N.Y., to points in the December 16, 1968. Applicant: DEIOMA bia, and Virginia; and (2) returned above-named destination States. If a TRUCKING CO., a corporation, Post shipments, and materials, parts, and hearing is deemed necessary, applicant Office Box 915, Mount Union Station, supplies (except commodities in bulk), requests it be held at Washington, D.C., Alliance, Ohio 44601. Applicant’s repre used in the manufacture, production, or Harrisburg, Pa. sentative: James E. Wilson, 1735 K and distribution of the above-described No. MC 114106 (Sub-No. 69), filed Street NW. Washington, D.C. 20006. commodities, from the above-named December 12, 1968. Applicant: MAY- Authority sought to operate as a com destination points to the plantsite of BELLE TRANSPORT COMPANY, a cor mon carrier, by motor vehicle, over ir Fedders Corp. in Edison Township (Mid poration, Post Office Box 573, Lexington, regular routes, transporting: (1) Iron dlesex County), N.J.; under contract N.C. 27292. Applicant’s representative: and steel articles, from the plant or ware with Fedders Corp. N o t e: If a hearing William P. Sullivan, Federal Bar Build house sites of Continental Steel Corp., is deemed necessary, applicant requests ing, West 1819 H Street NW., Washing located in Howard County, Ind., to points it be held at New York, N.Y. ton, D.C. 20006. Authority sought to in the United States on and east of U S. No. MC 111611 (Sub-No. 22), filed De operate as a common carrier, by motor Highway 85; and, (2) materials, equip cember 16, 1968. Applicant: NOERR vehicle, over irregular routes, transport ment, and supplies used in the manufac MOTOR FREIGHT, INC., 205 Washing ing: Salt, in bulk, from Charlotte and ture and processing of iron and steel ar ton Avenue, Lewistown, Pa. 17044. Appli Lexington, N.C., to points in North ticles, on return, restricted to traffic cant’s representative: John E. Fullerton, Carolina, South Carolina, and Georgia. originating at or destined to the named 407 North Front Street, Harrisburg, origins and destinations in (1) and (2) Pa. 17101. Authority sought to operate Note: Applicant holds contract carrier above, and further restricted against the as a common carrier, by motor vehicle, authority under MC 115176 and Subs transportation of commodities in bulk. over irregular routes, transporting: thereunder, therefore, dual operations Note: If a hearing is deemed necessary, Fibrous glass reinforced storage tanks: may be involved. If a hearing is deemed applicant does not specify a location. FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 97 No. MC 120634 (Sub-No. 18), filed No thority sought to operate as a common North Dakota, Oregon, Oklahoma, Wash vember 29, 1968. Applicant: JOE carrier, by motor vehicle, over irregular ington, Wisconsin, Utah, Wyoming, and HODGES TRANSPORTATION CORPO routes, transporting: Glass containers, South Dakota. Note: If a hearing is RATION, Post Office Box 82397, Okla from points in De Soto County, Miss., to deemed necessary, applicant requests it homa City, Okla. 73108. Applicant’s rep points in Alabama, Arkansas, Tennes be held at Omaha, Nebr., or Kansas City, resentative: Leroy Hallman, 4555 First see, Missouri, Illinois, Oklahoma, Louisi Mo. National Bank Building, Dallas, Tex. ana, Georgia, North Carolina, South No. MC 127587 (Sub-No. 5), filed De 75202. Authority sought to operate as a Carolina, Kentucky, and Indiana. Note: cember 16, 1968. Applicant: MEXICANA common carrier, by motor vehicle, over If a hearing is deemed necessary, appli REEFER SERVICES, LTD., 880 Malkin regular routes, transporting: General cant requests it be held at Memphis, Avenue, Vancouver, British Columbia, commodities, except those -of unusual Tenn. Canada. Applicant’s representative: Jo value, classes A and B explosives, house No. MC 124221 (Sub-No. 21), filed seph O. Earp, 411 Lyon Building, 607 hold goods as defined by the Commission, December 9, 1968. Applicant: HOWARD Third Avenue, Seattle, Wash. 98104. commodities in bulk, and those requiring BAER, 821 East Dunne Street, Morton, Authority sought to operate as a con special equipment; (1) between Okla 111. 61550. Applicant’s representative: tract carrier, by motor vehicle, over ir homa City, and Boise City, Okla.: From Robert W. Loser, 409 Chamber of Com regular routes, transporting: Furniture Oklahoma City, over Interstate Highway merce Building, Indianapolis, Ind. 46204. stock, from ports of entry at or near 40 to junction U.S. Highway 66 and-In Authority sought to operate as a con Blaine and Sumas, Wash., on the inter terstate Highway 40 and U.S. Highway tract carrier, by motor vehicle, over ir national boundary line between the 270 over U.S. Highway 270 to junction regular routes, transporting: Ice cream, United States and Canada to points in U.S. Highway 64 to Boise City, Okla. ice cream -products, sherbets, ice milk, California, Oregon, and Washington, (also from junction Oklahoma Highway water ices, vegetable fat, frozen desserts, under contract with Brownlee Industries, 3 and U.S. Highway 270—1 mile south frozen novelties, and dairy products, be Ltd. Note : If a hearing is deemed neces of Elmwood over Highway 3 to Guymon, tween Hazelwood, Mo., and Little Rock, sary, applicant requests it be held at and thence over U.S. Highway 64 to Boise Ark., Decatur, Ala., Memphis, Tenn., Seattle, Wash. City, Okla.), and return over the same Nashville, Tenn., Cookeville, Tenn., Cin No. MC 107515 (Sub-No. 631), filed route, serving the off-line points of Keys, cinnati, Ohio, Indianapolis, Ind., Peoria, December 12, 1968. Applicant: RE Eva, Tyrone, Boyd, and Gray, Okla., and 111., Milwaukee, Wis., and Chariton, Iowa, FRIGERATED TRANSPORT CO., INC., Guymon Cities Service Plant and Elm under contract with The Kroger Co. Post Office Box 10799, Station A, Atlanta, wood Northern National Gas Plant; (2) Note: If a hearing is- deemed necessary, Ga. 30310. Applicant’s representative: between Forgan, Okla., and junction applicant .requests it be held at St. Louis, B. L. Gundlach (same address as ap U.S. Highway 183 and U.S. Highway 270, Mo., Chicago, 111., or Indianapolis, Ind. plicant) . Authority sought to operate as from Forgan over U.S. Highway 64 to No. MC 125161 (Sub-No. 13), filed a common carrier, by motor vehicle, orer Buffalo, thence over U.S. Highway 183 to December 13, 1968. Applicant: UNITED irregular routes, transporting: Meats, junction U.S. Highway 270 and return FREIGHTWAYS, INC., 671 Chestnut meat products, meat byproducts, and over the same route, serving all inter Street, North Andover, Mass. 01845. Ap articles distributed by meat packing mediate points; (3) between junctions plicant’s representative: George C. houses as described in sections A and C U.S^ Highway 283 and U.S. Highway 64, O’Brein, 15 Court Square, Boston, Mass. of appendix I to the report in Descrip approximately 3 miles east of Rosston, 02108. Authority sought to operate as a tions in Motor Carrier Certificates, 61 Okla., to Cheyenne, Okla., from junction contract carrier, by motor vehicle, over M.C.C. 209 and 766 (except hides and U.S. Highway 283 and U.S. Highway 64, irregular routes, transporting: Lime, commodities in bulk), from Austin, 3 miles east of Rosston, Okla., thence limestone, limestone products, and lime Minn., and Fremont, Nebr., to points over U.S. Highway 283 to Cheyenne, stone byproducts, in bulk, and in bags, in Alabama, Florida, Georgia, North Okla., and return over the same route, from the plantsite of the Chas. Pfizer & Carolina, and South Carolina, restricted serving all intermediate points; (4) be Co., Inc., Division of Minerals, Pigments to traffic originating .at the plantsite tween Cheyenne and Shattuck, Okla., and Metals, located at Adams, Mass., to and/or warehouse facilities, Geo. A. from Cheyenne, over Oklahoma Highway points in Maine, under contract with Hormel & Co., Austin and Fremont, and 47 to the junction of Oklahoma High Chas. Pfizer-& Co., Inc., Division of Min destined to points in the named States. ways 4 and 30, thence over Oklahoma erals, Pigments and Metals. Note: If a Note: If a hearing is deemed necessary, Highway 30 to the junction of Oklahoma hearing is deemed necessary, applicant applicant requests it be held at Atlanta, Highways 30 and 33, thence over Okla requests it be held at Boston, Mass., or Ga., or Minneapolis, Minn. homa Highway 33 to the junction of New York City, N.Y. No. MC 127832 (Sub-No. 5), filed Oklahoma Highways 33 and 47 and U.S. No. MC 125708 (Sub-No. 103), filed December 12, 1968. Applicant: C & S Highway 283, thence over Oklahoma December 12, 1968. Applicant: HUGH TRANSFER, INC., Post Office Box 5249, Highway 47 to its junction with Okla MAJOR, 150 Sinclair Avenue, South Rox Macon, Ga. 31208. Applicant’s represent homa Highways 47 and 34, thence over ana, 111. 62087. Authority sought to oper ative: William Addams, Suite 527, 1776 Oklahoma Highway 34 to its junction ate as a common carrier, by motor ve Peachtree Street, NW., Atlanta, Ga. with Oklahoma Highway 15 and U.S. hicle, over irregular routes, transporting: 30309. Authority sought to operate as a Highway 270, thence over Oklahoma Processed and canned foodstuffs, from contract carrier, by motor vehicle, over Highway 15 to Shattuck, Okla., and re Avoyelles and West Feliciana Parishes in irregular routes, transporting: Food turn over the same route, serving all in Louisiana to points in Arkansas, Illinois, stuff, fresh frozen and canned, and sup termediate points and the off-route point Indiana, Iowa, Kansas, Michigan, Minne plies and equipment used in the opera of Durham, Okla.; (5) between Selling sota, Missouri, and Wisconsin. Note: If tion of restaurants, between the and Gage, Okla., from Seiling, Okla., a hearing is deemed necessary, applicant warehouse of State Wholesale Food, Inc., over U.S. Highway 60 to junction Okla requests it be held at Baton Rouge, La., Macon, Ga., and Cleveland, Tenn.; under homa Highway 46, thence over Okla or Washington, D.C. contract with State Wholesale Food, Inc., homa Highway 46 to Gage, Okla., and No. MC 127042 (Sub-No. 28), filed Macon, Ga. Note: If a hearing is deemed return over the same route, serving the December 4, 1968. Applicant: HAGEN, necessary, applicant requests it be held off-route point of Taloga, Okla., serving INC., 4120 Floyd Boulevard, Post Office at Atlanta, Ga. all intermediate points. Note: If a hear Box 6, Leeds Station, Sioux City, Iowa No. MC 108449 (Sub-No. 291), filed ing is deemed necessary, applicant re 51108. Applicant’s representative: Jo December 13, 1968. Applicant: INDIAN- quests it be held at Oklahoma City, Okla. seph W. Harvey (same address as ap HEAD TRUCK LINE, INC., 1947 West No. MC 123819 (Sub-No. 21), filed plicant) . Authority sought to operate as County Road C, St. Paul, Minn. 55113. December 12, 1968. Applicant: ACE a common carrier, by motor vehicle, over Applicant’s representative: Adolph J. irregular routes, transporting: Frozen Bieberstein, 121 West Doty Street, Mad FREIGHT LINE, INC., 261 East Webster, foods, from Grand Island and Hastings, ison, Wis. 53703. Authority sought to Memphis, Tenn. 38102. Applicant’s rep Nebr., and Kansas City, Mo., to points in operate as a common carrier, by motor resentative: BillR. Davis, 1600 First Fed Illinois, Iowa, Idaho, Indiana, Minnesota, vehicle, over irregular routes, transport eral Building, Atlanta, Ga. 30303. Au Michigan, Montana, Missouri, Kansas, ing: Petroleum and petroleum products, FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 9 8 NOTICES from McGregor, Minn., to points in Iowa, Missouri to points in Illinois, Indiana, mont; and (2> from points in Sussex and Minnesota, North Dakota, South Dakota, and Iowa; and (6) from points in Ohio Kent Counties, Del., to points in Con Wisconsin, and Upper Peninsula of to points in Illinois, Indiana, and Michi necticut, Rhode Island, Massachusetts, Michigan. Note: Applicant states that gan. Note : If a hearing is deemed neces New Hampshire, Vermont, and Maine. tacking could take place in conjunction sary, applicant requests it be held at Note: If a hearing is deemed necessary, with its Sub 200 at Aberdeen, S. Dak., Washington, D.C., or Chicago, HI. applicant requests it be held at Wash and Jamestown, N. Dak., to serve the No. MC 113861 (Sub-No. 46), filed ington, D.C. States of Montana and Wyoming. Com December 4, 1968. Applicant: WOOTEN No. MC 113974 (Sub-No. 29) filed De mon control may be involved, tf a hear TRANSPORTS, INC., > 153 Gaston cember 10, 1968. Applicant: PITTS ing is deemed necessary, applicant re Avenue, Memphis, Tenn. 38106. Appli BURGH & NEW ENGLAND TRUCKING quests it be held at Minneapolis, Minn., cant’s representative: Dale Woodall, 900 CO., a corporation, 211 Washington or Chicago, HI. Memphis Bank Building, Memphis, Tenn. Avenue, Dravosburg, Pa., 15034. Appli No. MC 111495 (Sub-No. 8) (Correc 38103. Authority sought to operate as a cant’s representative: W. H. Schlottman tion), filed December 5, 1968, published common carrier, by motor vehicle, over (same address as applicant). Authority in the F ederal R egister issue of Decem irregular routes, transporting: Liquid sought to operate as a common carrier, ber 19, 1968, under MC11495 Sub-No. 8, fertilizer solutions; (1) from Crawfords- by motor vehicle, over irregular routes, and republished as corrected this issue. ville, Ark., to points in Missouri, Tennes transporting: (1) Iron and steel articles, Applicant: AQUILINO TRANSPORT see, and Mississippi; (2) from Jackson, from the plant or warehouse sites of CO., INC., 21 Olden Terrace, Trenton, Tenn., to points in Alabama, Kentucky, Continental Steel Corp., located in N.J. 08618. Applicant’s representative: and Mississippi; and (3) from Parma, Howard County, Ind., to points in the Raymond A. Thistle, Jr., Suite 1710, 1500 Mo., to points in Arkansas, Tennessee, United States on and east of U.S. High Walnut Street, Philadelphia, Pa. 19102. Kentucky, and Hlinois. No te: Applicant way 85; and (2) materials, equipment, Authority sought to operate as a con states it could tack over Memphis, Tenn., and supplies, used in the manufacture tract carrier, by motor vehicle, over ir commercial zone and serve a few addi and processing of iron and steel articles, regular routes, transporting: Redwood tional points. If a hearing is deemed from points in the United States on and furniture, knocked-down and parts and necessary, applicant requests it be held east of U.S. Highway 85, to the plant or materials thereof, from points in Bristol at Memphis, Tenn. warehouse sites of Continental Steel Township, Pa., to points in Connecticut, No. MC 112248 (Sub-No. 3), filed De Corp., located in Howard County, Ind., Delaware, Maryland, Massachusetts, New cember 12, 1968. Applicant: ALL STATE restricted to traffic originating at or des Jersey, New York, North Carolina, Rhode TRUCK LINES, INC., 474 North Foster tined to the named origins and desti Island, Virginia, and the District of Co Drive, Baton Rouge, La. 70806. Appli nations in (1) and (2) above, and lumbia; under contract with Suncraft of cant’s representative: John Schwab, Post further restricted against the transpor California, Ltd. N ote: The purpose of Office Box 3036, 617 North Boulevard, tation of commodities in bulk. Note: If this republication is to reflect the correct Baton Rouge, La. 70821. Authority sought a hearing is deemed necessary, applicant docket number assigned as MC 111495 to operate as a common carrier, by motor requests it be held at Chicago, HI. (Sub-No. 8). If a hearing is deemed nec vehicle, over irregular routes, transport No. MC 114273 (Sub-No. 34), filed De essary, applicant requests it be held at ing : Steel waste disposal containers, from cember 13, 1968. Applicant: CEDAR Philadelphia, Pa. Baton Rouge, La., to Fort Bragg, N.C., RAPIDS STEEL TRANSPORTATION, No. MC 111956 (Sub-No. 19), filed Fort Hood, Tex., Fort Sill, Okla., Fort INC., Post Office Box 68, Cedar Rapids, December 13, 1968. Applicant: SUWAK Sam Houston, Tex., Fort Chaffee, Ark., Iowa 52406. Applicant’s representative: TRUCKING COMPANY, a corporation, Fort Bliss, Tex., and Fort Polk, La., and Gene R. Prokuski, Post Office Box 68, 1105 Fayette Street, Washington, Pa. damaged or rejected steel waste disposal Cedar Rapids, Iowa 52406. Authority 15301. Applicant’s representative: Henry containers, on return. Note: If a hear sought to Operate as a common carrier, M. Wick, Jr., 2310 Grant Building, Pitts ing is deemed necessary, applicant re by motor vehicle, over irregular routes, burgh, Pa. 15219, Authority sought to op quests it be held at Baton Rouge or New transporting: Meats, meat products, and erate as a common carrier, by motor Orleans, La. meat byproducts, and articles distributed vehicle, over irregular routes, transport No. MC 112520 (Sub-No. 191), filed by meat packinghouses, as described in ing: General commodities (except those December 9,1968. Applicant: McKENZIE sections A and B of appendix I to the re of unusual value, dangerous explosives, TANK LINES, INC., Post Office Box 1200, port in Descriptions in Motor Carrier household goods, as defined in Practices Tallahassee, Fla. 32302. Applicant’s rep Certificates, 61 M.C.C. 209 and 766, ex of Motor Common Carriers of House resentative: W. Guy McKenzie, Jr. (same cept commodities in bulk, from Ottumwa, hold Goods, 17 M.C.C. 467, livestock, address as applicant). Authority sought Iowa, to points in Michigan, Ohio, New commodities in bulk, and those requiring to operate as a common carrier, by motor York, and Pennsylvania, restricted to special equipment), between points in vehicle, over irregular routes, transport traffic originating at the above named Allegheny, Fayette, Greene, Washing ing: Chemicals, except aluminum sul origin. Note: If a hearing is deemed ton, and Westmoreland Counties, Pa. phate, in bulk, from points in Gulf necessary, applicant requests it be held Note: If a hearing is deemed necessary, County, Fla., to points in Alabama, Ar at Chicago, HI. applicant requests it be held at Wash kansas, Georgia, Kentucky, Louisiana, No. MC 115648 (Sub-No. 17), filed De ington, D.C., or Pittsburgh, Pa. Maryland, Mississippi, North Carolina, cember 16, 1968. Applicant: LUTHER No. MC 113666 (Sub-No. 31), filed Pennsylvania, South Carolina, Tennes LOCK, doing business as LUTHER December 5, 1968. Applicant: FREE see, Virginia, and Washington, D.C. LOCK TRUCKING, 705 Thirteenth PORT TRANSPORT, INC., 1200 Butler Note: If a hearing is deemed necessary, Street, Wheatland, Wyo. 82201. Appli Road, Freeport, Pa. 16229. Applicant’s applicant requests it be held at Atlanta, cant’s representative: Ward A. White, representative: Leonard A. Jaskiewicz, Ga. Post Office Box 568, Cheyenne, Wyo. 1155 15th Street NW., Washington, D.C. No. MC 113388 (Sub-No. 84), filed De 82001. Authority sought to operate as a 20005. Authority sought to operate as a cember 10, 1968. Applicant: LESTER C. common carrier, by motor vehicle, over common carrier, by motor vehicle, over NEWTON TRUCKING CO., a corpora irregular routes, transporting: (1) Dry irregular routes, transporting: Anhy tion, Post Office Box 248, Bridgeville, Del. animal and poultry feed; and (2) animal drous ammonia, in bulk, in tank vehicles; 19933. Applicant’s representative: H. and poultry health aids, in containers, (1) from points in Illinois to points in Charles Ephraim, 1411 K Street NW., when moving in the same vehicles as the Indiana, Iowa, Michigan, Minnesota, Washington, D.C. 20005. Authority commodities set forth in (1) above, from Missouri, and Ohio; (2) from points in sought to operate as a common carrier, points in Yellowstone County, Mont., to Indiana to points in Illinois, Michigan, by motor vehicle, over irregular routes, points in Campbell, Crook, and Weston Missouri, and Ohio; (3) from points in transporting: Foodstuffs; (1) from Counties, Wyo.; and (3) bones, meat Iowa to points in Illinois, Indiana, Mich Queenstown, Md., to points in Con scraps, tankage, bone meal, and ground igan, and Ohio; (4) from points in Ken necticut, Massachusetts, New Hampshire, bones, from points in Sheridan County, tucky to points in Illinois, Indiana, New Jersey, New York, Maine, Ohio, Wyo., to Denver, Colo. Note : If a hearing Michigan, and Ohio; (5) from points in Pennsylvania, Rhode Island, and Ver is deemed necessary, applicant requests FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 99 it be held at Cheyenne or Casper, Wyo., John P. McMahon, Suite 1800, 100 East operating right. Note: Applicant states or Billings, Mont. Broad Street, Columbus, Ohio 43215. Au it could tack at Baltimore, Md., and serve No. MC 116273 (Sub-No. 110) (Cor thority sought to operate as a common Maryland, New Jersey, Indiana, Illinois, rection), filed September 16, 1968, pub carrier, by motor vehicle, over irregular New York, Massachusetts, New Hamp lished in the F ederal R egister issue of routes, transporting: General commodi shire, Rhode Island, Ohio, Michigan, October 10, 1968, corrected and repub ties (except those of unusual value, Connecticut, Pennsylvania, West Vir lished as corrected this issue. Applicant: classes A and B explosives, household ginia, and Virginia. However, tacking is D & L TRANSPORT, INC., 3800 South goods as defined by the Commission, not intended. If a hearing is deemed Laramie Avenue, Cicero, 111. 60650. Ap commodities in bulk, and those requiring necessary, applicant requests it be held plicant’s representative: Robert G. special equipment), between points in at Washington, D.C. Paluch (same address as applicant). Au Wyandot County, Ohio, on the one hand, No. MC 123819 (Sub-No. 20), filed thority sought to operate as a common and, on the other, the Cleveland-Hopkins December 9, 1968. Applicant: ACE carrier, by motor vehicle, over irregu Airport, located in Cuyahoga County, FREIGHT LINE, INC., 261 East Webster, lar routes, transporting: Dry plastics, in Ohio. Restriction: The authority granted Memphis, Tenn. 38102. Applicant’s repre bulk, in tank or hopper type vehicles, herein is restricted to the transporta sentative: Bill R. Davis, 1600 First Fed from Lake Zurich, HI., to points in In tion of shipments having an immediately eral Building, Atlanta, Ga. 30303. Author diana, Ohio, Kentucky, Michigan, Wis prior or immediately subsequent move ity sought to operate as a common car consin, Minnesota, Iowa, and Missouri. ment by air. Note : If a hearing is deemed rier, by motor vehicle, over irregular Note : The purpose of this republication necessary, applicant requests it be held routes, transporting: Bags, bagging, and is to add the words “in tank” to the com at Columbus, Ohio. liners; (1) from New Orleans, La., to modity description. If a hearing is No. MC 119012 (Sub-No. 4), filed points in Texas; and (2) from Houston, deemed necessary, applicant requests it December 9, 1968. Applicant: RIVER Tex., to points in Louisiana, Arkansas, be held at Chicago, 111. TERMINALS TRANSPORT, INC., Post Mississippi, Alabama, and Georgia. Note : No. MC 116273 (Sub-No. 113), filed Office Box 176, Aurora, Ind. 47001. Appli If a hearing is deemed necessary, appli December 16, 1968. Applicant: D & L cant’s representative: Robert W. Loser, cant requests it be held at New Orleans, TRANSPORT, INC., 3800 South Laramie 409 Chamber of Commerce Building, La. Avenue, Cicero, HI. 60650. Applicant’s Indianapolis, Ind. 46204. Authority No. MC 124111 (Sub-No. 19), filed representative: Eugene L. Ward (same sought to operate as a common carrier, December 9, 1968. Applicant: Ohio East address as applicant). Authority sought by motor vehicle, over irregular routes, ern Express, Inc., Post Office Box 2297, to operate as a common carrier, by motor transporting: Liquids, in bulk (not in 300 West Perkins Avenue, Sandusky, vehicle, over irregular routes, transport cluding lard, fats, tallows, oils, and Ohio 44870. Applicant’s representative: ing: Plastic materials, plastic pellets, greases other than those derived from M. A. Taylor„ (same address as above). granules, and cubes, in bulk, in tank petroleum), between the plantsite of Authority sought to operate as a common and/or hopper type vehicles, from Henry, Aurora Terminals Co., Inc., at Aurora, carrier, by motor vehicle, over irregular 111., to points in Arkansas, Indiana, Iowa, Ind., on the one hand, and, on the other, routes, transporting: Meats, meat prod Kansas, Kentucky, Ohio, Michigan, Ver points in Indiana, Ohio, and Kentucky. ucts, meat byproducts, and articles dis mont, Minnesota, Connecticut, New York, Restrictions: All movements will have a tributed by meat packinghouses, as de New Jersey, Massachusetts, Maine, prior or subsequent movement by rail or scribed in sections A and C of appendix I Rhode Island, Missouri, Pennsylvania, water. Note: If a hearing is deemed to the report in Descriptions in Motor Nebraska, Tennessee, and Wisconsin. necessary, applicant requests it be held Carrier Certificates, 61 M.C.C. 209 and Note: Applicant indicates tacking pos at Indianapolis, Ind., Cincinnati, Ohio, 766, from points in Erie County, Ohio, to sibilities. If a hearing is deemed neces or Louisville, Ky. points in Illinois, Indiana, and Michigan. sary, applicant requests it be held at No. MC 123061 (Sub-No. 46), filed Note: H a hearing is deemed necessary, Chicago, HI. December 6, 1968. Applicant: LEATHAM applicant requests it be held at Columbus, No. MC 117820 (Sub-No. 5), filed De BROS., INC., 46 Orange Street, Salt Lake Ohio, or Washington, D.C. cember 9, 1968. Applicant: attr.ft.ta City, Utah 84104. Applicant’s representa No. MC 124199 (Sub-No. 3), filed TRUCKING CO., a corporation, 2136 tive: Harry D. Pugsley, 400 El Paso Gas December 10, 1968. Applicant: CHESA Pine Grove Avenue, Port Huron, Mich. Building, Salt Lake City, Utah 84111. Au PEAKE BULK TERMINALS, INC., 2767 Applicant’s representative: Robert D. thority sought to operate as a common Wilkens Avenue, Baltimore, Md. 21223. Schuler, Suite 1700,1 Woodward Avenue, carrier, by motor vehicle, over irregular Applicant’s representative: S. Harrison Detroit, Mich. 48226. Authority sought routes, transporting: Lumber and lumber Kahn, Suite 733, Investment Building, to operate as a common carrier, by motor mill products, from points in Idaho, to Washington, D.C. 20005. Authority vehicle, over irregular routes, transport points in Colorado and Wyoming. Note: sought to operate as a common carrier, ing: (1) Fish and shell fish, and (2) Applicant states it intends to tack in by motor vehicle, over irregular routes, cheese, pickles, olives, candy, and pre Idaho. No duplicating authority is being transporting: Flour, in bulk, from points served fruit, in vehicles equipped with sought. If a hearing is deemed necessary, in Adams, Cumberland, Dauphin, York, mechanical refrigeration, in mixed ship applicant does not specify a location. Lebanon, Lancaster, and Berks Counties, ments, the transportation of which is No. MC 123502 (Sub-No. 28), filed Pa., to points in Delaware, Maryland, partially exempt under the provisions of December 12, 1968. Applicant: FREE Virginia, West Virginia, and the District section 203(b) (6) of the Interstate Com STATE TRUCK SERVICE, INC., 10 of Columbia. Note : Common control may merce Act if transported in vehicles at Vernon Avenue, Glen Burnie, Md. 21061. be involved. If a hearing is deemed neces the same time with (1) above, from Applicant’s representative: Donald E. sary, applicant requests it be held at Faimingdale, Jersey City, and Newark, Freeman, Post Office Box 806, Westmin Washington, D.C. N.J., New York, N.Y., and New Holland ister, Md. 21157. Authority sought to No. MC 124796 (Sub-No. 41) (Correc and Philadelphia, Pa., Detroit, Mich., operate as a common carrier, by motor tion) , filed November 29, 1968, published Cleveland, Toledo, and Salem, Ohio. vehicle, over irregular routes, transport in the F ederal R egister issue of Decem Note : The instant application duplicates ing: (1) Nickel sulphate, in dump vehi ber 19, 1968, and republished in part, as in part, the authority under MC 117820 cles, from Baltimore, Md., to Sewaren, corrected this issue. Applicant: CON (Sub-No. 3). Applicant hereby tenders N.J.; and (2) metals, metal alloys, scrap TINENTAL CONTRACT CARRIER it Sub 3 authority for cancellation if metals, minerals, and ores, in dump CORP., 15045 East Salt Lake Avenue, this application is granted. If a hearing vehicles, between Baltimore, Md., on the Post Office Box 1257, City of Industry, is deemed necessary, applicant requests one hand, and, on the other, points in Calif. 91747. Applicant’s representative: it be held at Detroit or Lansing, Mich., the United States, except Hawaii. Re J. Max Harding, 605 South 14th Street, or Washington, D.C. striction: The authority sought immedi Post Office Box 2028, Lincoln, Nebr. No. MC 118638 (Sub-No. 3), filed De ately above to the extent that such au 68501. The purpose of this partial repub cember 9, 1968. Applicant: G C S SERV thority duplicates any heretofore granted lication is to reflect in Item (d) returned ICE, INC., Galion Municipal Airport, to, or held by applicant, shall not be con shipments, equipment, and supplies used Galion, Ohio. Applicant’s representative: strued as conferring more than one in the manufacture and distribution of FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3r 1969 100 NOTICES air-conditioning equipment, furnaces, No. MC 127042 (Sub-No. 30), filed De J. Max Harding, 605 South 14th Street, and water heaters on return, from points cember 16, 1968. Applicant: HAGEN, Post Office Box 2028, Lincoln, Nebr. in Arizona, Arkansas, Indiana, Illinois, INC., 4120 Floyd Boulevard, Post Office 68501. Authority sought to operate as a Iowa, Kansas, Louisiana, Michigan, Min Box 6, Leeds Station, Sioux City, Iowa common carrier, by motor vehicle, over nesota, Missouri, Mississippi, Nebraska, 51108. Applicant’s representative:1 Joseph irregular routes, transporting: Animal New Mexico, New York, Ohio, Oklahoma, W. Harvey (same address as applicant). fats and oils, vegetable fats and oils, and Tennessee, Texas, and Wisconsin, which Authority sought to operate as a com blends of animal fats and oils, and vege was inadvertently omitted in the previous mon carrier, by motor vehicle, over ir table fats and oils, in bulk, in tank vehi publication. The rest of the application regular routes, transporting: Meat, meat cles, between points in Woodbury County, remains as previously published. products, meat byproducts, and articles Iowa, and points in Dakota County, No. MC 124813 (Sub-No. 64), filed distributed by meat packinghouses, as Nebr., on the one hand, and, on the December 9, 1968. Applicant: UMTHUN described in sections A and C of Ap other, points in Iowa, Minnesota, Ne TRUCKING CO., a corporation, 910 pendix I to the report in Description in braska, and South Dakota. Note : If a South Jackson, Eagle Grove, Iowa 50533. Motor Carrier Certificates, 61 M.C.C. 209 hearing is deemed necessary, applicant Applicant’s representative: William A. and 766 (except hides and commodities requests it be held at Sioux City, Iowa, Landau, 1451 East Grand Avenue, Des in bulk), from Pekin, 111., to points in or Omaha, Nebr. Moines, Iowa 50306. Authority sought to Iowa, Kansas, Nebraska, and Missouri. No. MC 129960 (Sub-No. 1), filed operate as a common carrier, by motor Note : If a hearing is deemed necessary, December 9, 1968. Applicant: CLAR vehicle, over irregular routes, transport applicant requests it be held at St. Louis, ENCE H. FIELDER, SR.,' doing business ing: Feed and feed ingredients (except Mo., or Chicago, 111. as FIELDER’S EXPRESS, 321 South liquids, in bulk, in tank vehicles), from No. MC 127501 (Sub-No. 3), filed De Delaware Street, Indianapolis, Ind. Marion, Iowa, to points in Illinois, cember 16, 1968. Applicant: LESLEY 46204. Applicant’s representative: Rob Indiana, Kansas, Michigan, Missouri, ESTES, doing business as ESTES ert C. Smith, 620 Illinois Building, Indi Ohio, and Wisconsin. Note: Applicant TRUCKING CO., Post Office Box 551, anapolis, Ind. 46204. Authority sought to holds contract carrier authority under Rifle, Colo. 81650. Applicant’s represent operate as a common carrier, by motor MC 118468 and Subs thereunder, there ative: John J. Thompson, 450 Capitol vehicle, over irregular routes, transport fore, dual operations may be involved. Life Building, Denver, Colo. 80203. Au ing: Mineral wool, and mineral wool Applicant states that no duplicating au thority sought to operate as a common cement, from the plantsite of Rock Wool thority is being sought. If a hearing is carrier, by motor vehicle, over irregular Manufacturing Co., at or near Leeds, deemed necessary, applicant requests it routes, transporting: Oil shale, in bulk, Ala., to points in Alabama, Georgia, Ken be held at Des Moines, Iowa. from points in Garfield and Rio Blanco tucky, and Tennessee. Note: If a hearing No. MC 125771 (Sub-No. 4), filed Counties, Colo., to . points in Albany is deemed necessary, applicant requests December 11, 1968. Applicant: CAYUGA County, Wyo. Note: If a .hearing is it be held at Birmingham, Ala., or At deemed necessary, applicant requests it lanta, Ga. SERVICE, INC., Post Office Box 57, South be held at Denver, Colo., or Laramie, Lansing, N.Y. 14882. Applicant’s repre Wyo. No. MC 133107 (Sub-No. 3), filed Octo sentative: E. Stephen Heisley, 529 Trans No. MC 128205 (Sub-No. 9) (Clarifica ber 14, 1968. Applicants TENOPIR portation Building, Washington, D.C. TRUCKING, INC., 200 Granville, Bea 20006. Authority sought to operate as a tion) , filed November 25, 1968, published in the F ederal R egister issue of Decem trice, Nebr. 68310. Applicant’s represent contract carrier, by motor vehicle, over ber 19, 1968, and republished as clarified, ative: C. E. Danley, Box 362, Beatrice, irregular routes, transporting: Mineral this issue. Applicant: BULKMATIC Nebr. 68310. Authority sought to operate rock salt, from the sites of the mine and TRANSPORT COMPANY, a corporation, as a contract carrier, by motor vehicle, plant of Cayuga Rock Salt Co., Inc., at 4141 West George Street, Schiller Park, over irregular routes, transporting: or near South Lansing, N.Y., to points in 111. Applicant’s representative: Irving Grain bins, silos, steel buildings, wet New Jersey, under contracts with Cayuga Stillerman, 29 South La Salle Street, grain tanks, and silo unloaders, from the Rock Salt Co., Inc., Myers, N.Y., and Chicago, 111. 60603. Authority sought to plantsite of Martin Steel Corp., Mans Highway Materials Co., Inc., South operate as a common carrier, by motor field, Ohio, to points in Taylor, Adams, Lansing, N.Y. Note : If a hearing is vehicle, over irregular routes, transport Cass, Shelby, Harrison, Monona, Pot deemed necessary, applicant requests it ing : Lime, in bulk, in tank vehicles, from tawattamie, Montgomery, Mills, Fre be held at Washington, D.C. Thornton and Chicago, 111., to points in mont, and Page Counties, Iowa; and No. MC 126709 (Sub-No. 3), filed Lafayette, Iowa, Green, Dane, Jefferson, Atchison, Nodaway, Worth, Harrison, December 6, 1968. Applicant: SABER, Rock, Walworth, Waukesha, Milwaukee, Daviess, Gentry, Andrew, Holt, De Kalb, INC., 514 South Floyd Boulevard, Sioux Racine, and Kenosha Counties, Wis. Buchanan, Clinton, Platte, Clay, and City, Iowa 51107. Authority sought to op Note: The purpose of this republication Jackson Counties, Mo., and points in erate as a common carrier, by motor is to reflect Iowa as a county in Wiscon Kansas and Nebraska, for the account vehicle, over irregular routes, transport sin in lieu of the State of Iowa. If a of Farm Automation Corp., Beatrice, ing: (1) Nonedible tallow and liquid ani hearing is deemed necessary, applicant Nebr. If a hearing is deemed necessary, mal feed supplement, in bulk, in tank requests it be held at Chicago, 111. applicant requests it be held at Lincoln vehicles, from Sioux City, Iowa, to points No. MC 129157 (Sub-No. 2), filed Oc or Omaha, Nebr. in Nebraska, South Dakota, and those in tober 31, 1968. Applicant: WILMER J. No. MC 133184 (Sub-No. 1), filed that part of Minnesota on and south of MEHLHAF, doing business as MEHL- November 20, 1968. Applicant: SPRING- a line beginning at the South Dakota and HAF TRUCKING, Menno, S. Dak. 57045. FIELD AIRPORT LIMOUSINE, INC., Minnesota State line at or near Marietta, Applicant’s representative: Don A. Bierle, 1936 Gretna Street, Springfield, Mo. Minn., extending east along U.S. High Suite 4, Law Building, Yankton, S. Dak. 65804. Applicant’s representative: Louis way 212 to junction Minnesota Highway. 57078. Authority sought to operate as a W. Cowan, 221 Woodruff Building, 15, thence south along Minnesota High common carrier, by motor vehicle, over Springfield, Mo. 65805. Authority sought way 15 to junction U.S. Highway 14 at or irregular routes, transporting: Feed, in to operate as a common carrier, by motor near New Ulm, Minn., thence southeast bags, and in bulk, from Sheldon, Iowa, vehicle, over irregular routes, transport along U.S. Highway 14 to junction U.S. and Sioux City, Iowa, to Menno, S. Dak., ing: General commodities (except those Highway 218 at or near Owatonna, Minn., and points in Hutchinson and Turner of unusual value, classes A and B explo thence south along U.S. Highway 218 to Counties, S. Dak. Note: If a hearing is sives, household goods as defined by the the Minnesota-Iowa State line at or near deemed necessary, applicant requests it Commission, commodities in bulk, and Lyle, Minn.; and (2) liquid animal feed be held at Sioux City, Iowa, Sioux Falls, those requiring special,equipment), as supplements, except molasses, in bulk, in or Pierre, S. Dak. part of a movement which includes an tank vehicles, from Sioux City, Iowa, to No. MC 129413 (Sub-No. 3), filed immediately prior or subsequent move points in Nebraska, South Dakota, North December 10, 1968. Applicant: C. B. ment by air, between points in McDon Dakota, and Minnesota. Note: If a hear TRANSPORTATION, INC., 1400 Grand ald, Newton, Jasper, Barton, Vernon, ing is deemed necessary, applicant re Avenue, Post Office Box 3072, Sioux City, St. Clair, Cedar, Dade, Lawrence, Barry, quests it be held at Sioux City, Iowa. Iowa 51102. Applicant’s representative: Stone, Taney, Christian, Greene, Polk, FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 101 Hickory, Dallas, Laclede, Webster, carrier, by motor-vehicle, over irregular operate as a contract carrier, by motor Wright, Douglas, and Ozark Counties, routes, transporting: Telephone equip vehicle, over irregular routes, transport Mo., on the one hand, and, on the other, ment, materials, and supplies, between ing: New furniture, blanket wrapped, Springfield, Mo.; and also between points Victoria, Tex., on the one hand, and, on and new furniture, in fiber cartons, in in McDonald, Newton, Jasper, Barton, the other, points in Arkansas, De Witt, mixed loads, from the plantsite and Vernon, St. Clair, Cedar, Dade, Lawrence, Jackson, Calhoun, Victoria, Bee, Goliad, warehouses of B. P. John Furniture Barry, Stone, Taney, Christian, Greene, Refugio, and Lavaca Counties, Tex., re Corp., located at Portland, Oreg., to Polk, Hickory, Dallas, Laclede, Webster, stricted to traffic having a prior or subse Reno and Carson City, Nev., and points Wright, Douglas, and Ozark Counties, quent out-of-State movement, under in California, under contract with B. P. Mo., on the one hand, and, on the other, contract with Southwestern Bell Tele John Furniture Corp. Kansas City Municipal Airport and Kan phone Co. Note: Applicant is also au sas City International Airport, Kansas thorized to conduct operations as a com By the Commission. City, Mo.; Fairfax Municipal Airport, mon carrier in certificate No. MC 109444, [seal! H. Neil Garson, Kansas City, Kans.; and Lambert Field therefore, dual operations may be in Secretary. and St. Louis Municipal Airport, St. volved. If a hearing is deemed necessary, [F.R. Doc. 69-15; Filed, Jan. 2, 1969; Louis, Mo. N o te: If a hearing is deemed applicant requests it be held at San An 8:45 a.m.] necessary, applicant requests it be held tonio, or Houston, Tex. at Springfield or Kansas City, Mo. No. MC 133342, filed December 9, 1968. No. MC 133335, filed December 5, 1968. Applicant: COLUMBIA CIFUNE [Section 5a Application No. 7, Arndt. 4] Applicant: THOMAS D. SPANGLER, TRUCKING, INC., doing business as ASSOCIATION OF AMERICAN RAIL trading as Spangler’s Transfer, 2126-30 COLUMBIA TRUCKING, 3 Seventh ROADS, PER DIEM, MILEAGE Edmondson Avenue, Baltimore, Md. Street, North Arlington, N.J. 07032. Ap 21223. Applicant’s representative: R. plicant’s representative: S. Berne Smith, Approval of Amendments to Agree Wayne Scheufele, 100 Court Square 100 Pine Street, Post Office Box 1166, ment Regarding Demurrage and Building, Baltimore, Md. 21202. Author Harrisburg, Pa. 17108. Authority sought ity sought to operate as a contract car Storage to operate as a common carrier, by motor December 27,1968. rier, by motor vehicle, over irregular vehicle, over irregular routes, transport routes, transporting: Electrical appli ing: Chinaware, earthenware, hone The Commission is in receipt of a pe ances, crated and uncrated, with parts china, and glass tableware, from the tition in the above-entitled proceeding and accessories, and related advertising warehouse of American Commercial Inc. for approval of amendments to the material, in vehicles that are equipped d.b.a. Mikasa in Elizabeth, N.J., to points agreement therein approved. with a hydraulic tailgate, from Wash in Nassau County, N.Y. Note: If a hear Filed December 12, 1968 by: Carl V. Lyon, ington, DC., to points in Maryland, and ing is deemed necessary, applicant re Assistant General Solicitor, Association of refused, damaged or returned electrical quests it be held at New York, N.Y. American Railroads, American Railroads Building, Washington, D.C. 20036. appliances, on return under contract No. MC 133347, filed December 16,1968. with Philco-Ford Distributors, Inc. Applicant: J. CLETUS SITES, Route 2, The amendments involve: Changes in N o te: If a hearing is deemed necessary, Box 1, Rough Run, W. Va. 26860. Appli the agreement so as to Cl) broaden the applicant requests it be held at Balti cant’s representative: Eston H. Alt, Post scope of the agreement to include Joint more, Md., or Washington, D.C. Office Box 81, Winchester, Va. 22601. Au consideration of compensation payable No. MC 133337, filed December 5, 1968. thority sought to operate as a common for passenger cars as well as freight cars, Applicant: B & H TRANSPORT COM carrier, by motor vehicle, over irregular and for all shipper-furnished transpor PANY, a corporation, 741. Rainbow Drive, routes, transporting: Animal or poultry tation equipment; (2) transfer from the Waterloo, Iowa 50704. Applicant’s repre feed, in bulk, from Harrisonburg, Va., to present general committee to a new sentative: William A. Landau, 1451 East points in Grant and Pendleton Coun standing committee jurisdiction over the Grand Avenue, Des Moines, Iowa 50306. ties, W. Va. Note: If a hearing is deemed initial consideration of compensation, Authority sought to operate as a com necessary, applicant requests it be held rules and regulations pertaining to the mon carrier, by motor vehicle, over ir at Washington, D.C. use of shipper-furnished transportation regular routes, transporting: Anhydrous equipment, and matters relating to de ammonia, in bulk, in tank vehicles; (1) Motor Carriers op Passengers murrage, storage, or allowances: (3) from the terminals of Mid-America Pipe No. MC 133319, filed December 2, eliminate the requirement that only sub line Co., located at or near Whiting, 1968. Applicant: BAXTER J. BARRIER, scribers controlling 20 percent of the Early, and Gamer, Iowa, to points in doing business as SHELBY BUS LINES, revenue cars can initiate a proposal or Illinois, Iowa, Minnesota, Nebraska, 114 North Washington Street, Shelby, request a subscriber vote in order to al North Dakota, South Dakota, and Wis N.C. 28150. Applicant’s representative: low any subscriber to take such action; consin,* (2) from the terminal located on L. T. Hamrick, 5% East Marion Street, (4) accord shipper-owner of equipment the ammonia pipeline of Mid-America Shelby, N.C. 28150. Authority sought to additional opportunity to request and ex Pipeline Co., at or near Conway, Kans., operate as a common carrier, by motor press their views at a public hearing re to points in Colorado, Kansas, Missouri, vehicle, over irregular routes, transport garding the compensation payable and Nebraska; and (3) from the termi ing: Passengers and their baggage, in thereon; (5) provide for public notice of nal located on the ammonia pipeline of special and charter operations, beginning independent action to comply with Ex Mid-American Pipeline Co., at or near and ending at points in Cleveland and Parte No. 253, 332 I.C.C. 22; (6) name Greenwood, Nebr., to points in Colorado, Rutherford Counties, N.C., and extending new individuals as attorneys-in-fact; and- Iowa, Kansas, Missouri, Nebraska, South to points in South Carolina, Tennessee, (7) make such other incidental changes Dakota, and Wyoming, restricted to the as are necessary to effectuate the fore Virginia, and Georgia. Note: If a hear going changes. transportation of shipments originating ing is deemed necessary, applicant re at the above-named terminals and des The petition is docketed and may be quests it be held at Charlotte, Asheville, inspected at the office of the Commission, tined to points in the States specified, in or Raleigh, N.C. connection with (1) through (3). Note: in Washington, D.C. If a hearing is deemed necessary, appli Applications in W hich Handling With Any interested person desiring to pro cant requests it be held at Omaha, Nebr. out Oral H earing H as Been R equested test and participate in this proceeding No. MC 133339, filed December 9, 1968. shall notify the Commission in writing No. MC 133343 (Sub-No. .1), filed De within 20 days from the date of this no Applicant: VICTORIA TRANSFER & cember 16, 1968. Applicant: SANDBERG STORAGE CO., a corporation, 1211 tice. As provided by the General Rules of FURNITURE MANUFACTURING COM Practice of the Commission, persons North Laurent Street, Post Office Box PANY, INC., 5705 Alcoa Avenue, Los 1807, Victoria, Tèx. 77901. Applicant’s other than applicants should fully dis Angeles, Calif. 90058. Applicant’s rep close their interests, and the position they representative: Mert Starnes, The 904 resentative: Donald Murchison, 211 intend to take with respect to the peti Lavaca Building, Austin, Tex. 78701. Au South Beverly Drive,- Suite 211, Beverly tion. Otherwise, the Commission, in its thority sought to operate as a contract Hills, Calif. 90212. Authority sought to discretion, may proceed to investigate FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, T969 102 NOTICES and determine the matters involved state Highway 75 to Saginaw, Mich., and N. Dak., over unnumbered highway to without public hearing. return over the same routes, for operat the North Dakota-Minnesota State line, ing convenience only, subject to the same thence over unnumbered highway to [seal] H. Neil Garson, restrictions as shown in carrier’s certifi Breckenridge, Minn., and return over Secretary. cate No. MC 31220 (Sub-No. 22). The the same routes. [F.R. Doc. 69-10; Piled, Jan. 2, 1969; notice indicates that the carrier is pres Motor Carriers of Passengers 8:45 a.m.] ently authorized to transport the same commodities, over pertinent service No. MC 1515 (Deviation No. 496), [Notice 531] routes as follows: (1) From St. Louis, GREYHOUND LINES, INC. (Eastern Di Mo., over U.S. Highway 40 to Columbus, vision) , 1400 West Third Street, Cleve MOTOR CARRIER ALTERNATE ROUTE Ohio; (3) from junction Interstate land, Ohio 44113, filed December 13, DEVIATION NOTICES Highways 71 and 80S and U.S. Highway 1968. Carrier proposes to operate as a 224, over U.S. Highway 224 to Akron, common carrier, by motor vehicle, of December 27,1968. Ohio, thence over Ohio Highway 18 to passengers and their baggage, and ex -The following letter-notices of pro junction Ohio Turnpike and Interstate press and newspapers in the same vehicle- posals to operate over deviation routes Highway 80S, and return over the same with passengers, over deviation routes as for operating convenience only have been routes. follows: (1) From junction unnumbered filed with the Interstate Commerce Com No. MC 107475 (Deviation No. 12), highway (old U.S. Highway 22) and In mission, under the Commission’s Devia DANCE FREIGHT LINES, INC., 920 terstate Highway 78, 1 mile east of Clin tion Rules Revised, 1957 (49 CFR 211.1 Dance Court, Cincinnati, Ohio 45203, ton, N.J., over Interstate Highway 78 to (c) (8)) and notice thereof to all inter filed December 19, 1968. (CONSOLIDAT junction U.S. Highway 22, just west of ested persons is hereby given as provided ED FREIGHTWAYS CORPORATION Clinton, N.J.; (2) from junction U.S. in such rules (49 CFR 211.1(d) (4) ) . OF DELAWARE, INC., Operator, Post Highway 22 and Interstate Highway 78, Protests against the use of any pro Office Box 5138, Chicago, 111. 60680.) 2 miles east of West Portal, N.J., over In posed deviation route herein described Carrier proposes to operate as a com terstate Highway 78 to junction U.S. may be filed with the Interstate Com mon carrier, by motor vehicle, of general Highway 22 and Alternate U.S. Highway merce Commission in the manner and commodities, with certain exceptions, 22, approximately 4 miles east of Phil- form provided in such rules (49 CFR over a deviation route as follows: From lipsburg, N.J.; (3) from Easton, Pa., over 211.1(e)) at any time, but will not op Asheville, N.C., over Interstate Highway Interstate Highway 78 to junction U.S. erate to stay commencement of the 40 to junction U.S. Highway 25W, near Highway 22 at Bethel, Pa.; and (4) from proposed operations unless filed within Newport, Tenn., and return over the Allentown, Pa., over Pennsylvania High 30 days from the date of publication. same route, for operating convenience way 145 to junction Interstate Highway Successively filed letter-notices of the only. The notice indicates that the car 78, and return over the same routes, for same carrier under the Commission’s De rier is presently authorized to transport operating convenience only. The notice viation Rules Revised, 1957, will be num the same commodities, over a pertinent indicates that the carrier is presently bered consecutively for convenience in service route as follows: From Corbin, authorized to transport passengers and identification and protests if any should Ky., over U.S. Highway 25E to Newport, the same property, over a pertinent serv refer to such letter-notices by number. Tenn. (also from Corbin over U.S. High ice route as follows: From New York, Motor Carriers of P roperty way 25W via Knoxville, Tenn., to New N.Y., through the Holland Tunnel to port), thence over U.S. Highway 25 via Jersey City, N.J., thence over U.S. High No. MC 2986 (Deviation No. 3), I & Asheville, N.C., to Hendersonville, N.C., way 1 to Newark, N.J., thence over U.S. S-McDANIEL, INC., 1102 Prairie Street, thence over U.S. Highway 176 to Spar Highway 22 via Somerville, N.J., to junc Vincennes, Ind. 47591 filed, December 13, tanburg, S.C., thence over U.S. Highway tion unnumbered highway just east of 1968. Carrier proposes to operate as a 221 to Laurens, S.C., thence over U.S. Annandale, N.J., thence over unnum common carrier, by motor vehicle, of Highway 76 to Columbia, S.C., and return bered highway via Annandale to Clinton, general commodities, with certain excep over the same route. N.J., thence over U.S. Highway 22 to tions, over a deviation route as follows; No. MC 108937 (Deviation No. 11), Easton, Pa., thence over Pennsylvania Between Indianapolis, Ind., and Louis MURPHY MOTOR FREIGHT LINES, Legislative Route 159 via Bethlehem to ville, Ky., over Interstate Highway 65, for INC., 2323 Terminal Road, St. Paul, Allentown, Pa., thence over Pennsylvania operating convenience only. The notice Minn. 55113, filed December 19, 1968. Legislative Route 157 to junction Penn indicates that the carrier is presently Carrier proposes to operate as a common authorized to transport the same com sylvania Legislative Route 443, thence carrier, by motor vehicle, of general com over Pennsylvania Legislative Route 443 modities, over pertinent service routes as modities, with certain exceptions, over a follows; (1) From junction Indiana »via Cetronia and Kuhnville to junction Highways 45 and 56 over Indiana High deviation route as follows: From junc Pennsylvania Legislative Route 39084, tion U.S. Highway 52 and Interstate thence over Pennsylvania Legislative way 56 to junction Indiana Highway 37, Highway 94 near Fergus Falls, Minn., thence over Indiana Highway 37 to Route 39084 via New Smithville, Pa., to Indianapolis, Ind.; (2) from Paoli, Ind., over Interstate Highway 94 to junction junction Pennsylvania Legislative Route over Indiana Highway 37 to English, U.S. Highway 52 at Albany, Minn., and 975, thence over Pennsylvania Legisla Ind.; and (3) from English, Ind., over return over the same route, for operating tive Route 975 via Hamburg to junction Indiana Highway 64 to junction Indiana convenience only. The notice indicates Pennsylvania Legislative Route 721, Highway 66, thence over Indiana High that the carrier is presently authorized thence over Pennsylvania Legislative way 66 to junction U.S. Highway 150, to .transport the same commodities, over Route 721 via Shartlesville to junction thence over U.S. Highway 150 to Louis pertinent service routes as follows: (1) Pennsylvania Highway 501, thence over ville, Ky., and return over the same From Fargo, N. Dak., over U.S. Highway Pennsylvania Highway 501 to Bethel, Pa., routes. 52 (also U.S. Highway 10) to Moorehead, thence over U.S. Highway 22 to Harris Minn., thence over U.S. Highway 75 to burg, Pa., and return over the same route. No. MC 31220 (Deviation No. 3), Breckenridge, Minn., thence over the No. MC 1515 (Deviation No. 497), DANIELS MOTOR FREIGHT, INC., Bois de Sioux River to Wahpeton, N. GREYHOUND LINES, INC. (Eastern Eazor Square, Pittsburgh, Pa. 15201, filed Dak.; (2) from Fargo, N. Dak., over Division), 1400 West Third Street, Cleve December 16, 1968. Carrier proposes to U.S. Highway 81 to Wahpeton, N. Dak.; land, Ohio 44113, filed December 13,1968. operate as a common carrier, by motor (3) from St. Paul, Minn., over city Carrier proposes to operate as a com vehicle, of general commodities, with streets to Minneapolis, Minn., thence mon carrier, by motor vehicle, of pas certain exceptions, over deviation routes over U.S. Highway 52 to Fergus Falls, sengers. and their baggage, and express as follows: (1) From St. Louis, Mo., over Minn., thence over Minnesota Highway Interstate Highway 70 to Columbus, and newspapers in the same vehicle with Ohio; (2) from junction Interstate High 210 to junction U.S. Highway 75, thence passengers, over deviation routes as fol ways 71 and 80S over Interstate High over U.S. Highway 75 to Breckenridge, lows: (1) From junction U.S. Highway way 80S to junction of Ohio Turnpike; Minn., thence over city streets to Wah 11 and Pennsylvania Highway 42, just and (3) from Toledo, Ohio, over Inter peton, N. Dak.; and (4) from Wahpeton, south of Bloomsburg, Pa., over Pennsyl- FEDERAL REGISTER, VOL, 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 103 Vania Highway 42 to junction Interstate way 11, thence over Arkansas Highway Applications Assigned for Oral Highway 80 at Exit No. 34, thence over 11 (an access road) to Hazen, Ark., a H earing Interstate Highway 80 to junction U.S. distance of 12.7 miles; and (8) from motor carriers of property Highway 11 at Exit No. 36; and (2) from Hazen, Ark., over Arkansas Highway 11 Bloomsburg, Pa., over Pennsylvania (an access road) to junction Interstate No. MC 127584 (Sub-No. 3) (Repub Highway 487 to junction Interstate Highway 40, thence over Interstate lication), filed June 19, 1968, published Highway 80 at Exit No. 35, and return Highway 40 to junction Arkansas High in the F ederal R egister issue of July 4, over the same routes, for operating con way 31, thence over Arkansas Highway 1968, and republished this issue. Appli venience only. The notice indicates that 31 (an access road) to Lonoke, Ark., a cant: AERO TRANSPORTERS, INC., the carrier is presently authorized to distance of 23.8 miles, and return over Box 551, Ellenville, N.Y. 12428. Appli transport passengers and the same prop the same routes, for operating conven cant’s representative: Martin Werner, 2 erty, over a pertinent service route as ience only. The notice indicates that the West 45th Street, New York, N.Y. 10036, follows: From Scranton, Pa., over U.S. carrier is presently authorized to trans By application filed June 19, 1968, appli Highway 11 to Northumberland, Pa., and port passengers and the same property, cant seeks a permit authorizing opera return over the same route. over a pertinent service route as follows: tions, in interstate or foreign commerce, No. MC 50026 (Deviation No. 15) (Can From Memphis, Tenn., over U.S. High as a contract carrier, by motor vehicle, cels Deviations Nos. 2, 11, and 13) AR way 70 to Hot Springs National Park, over irregular routes, of television an KANSAS MOTOR COACHES LIMITED, Ark., thence over Arkansas Highway 7 tennas, tubing, hardware, junction INC., 100 East Main Street, Little Rock, to Arkadelphia, Ark., thence over U.S. blocks, wire, rods, rivets, television an Ark. 72201, filed December 16,1968. Car Highway 67 to Texarkana, Tex., and tenna rotating devices, talking machines rier proposes to operate as a common return over the same route. and parts, radio receiving sets and parts, carrier, by motor vehicle, of 'passengers No. MC 60325 (Deviation No. 1), JEF radio tubes, advertising matter, and and their baggage, and express and news FERSON LINES, INC., 1114 Currie cathode ray tubes, between points in the papers, in the same vehicle with passen Avenue, Minneapolis, Minn. 55403, filed town of Wawarsing, Ulster County, N.Y., gers, over deviation routes as follows: December 13, 1968. Carrier proposes to on the one hand, and, on the other; (1) (1) From junction U.S. Highway 70 and operate as a common carrier, by motor points in the New York, N.Y., commercial Interstate Highway 40, 4 miles east of vehicle, of passengers and their baggage, zone, as defined by the Commission, re West Memphis, Ark., over Interstate and express and newspapers in the same stricted to the transportation of ship Highway 40 to junction Arkansas High vehicle with passengers, over a deviation ments having a prior or subsequent way 38, thence over Arkansas Highway route as follows: Between Minneapolis, movement by water; and, (2) Port Jer 38 (an access road) to junction U.S. Minn., and St. Paul, Minn., over Inter vis, N.Y., restricted to shipments having Highway 70, 5 miles east of Forrest City, state Highway 94, for operating con a prior or subsequent movement by rail Ark., a distance of 34.1 miles; (2) from venience only. The notice indicates that road under contract with Channel Mas junction U.S. Highway 70 and Arkansas the carrier is presently authorized to ter Corp., Division of Avnet, Inc. An order Highway 38, 5 miles east of Forrest City, transport passengers and the same prop of the Commission, Operating Rights Ark., over Arkansas Highway 38 (an erty, over a pertinent service route as Board, dated November 21, 1968, and access road) to junction Interstate follows: From Minneapolis, Minn., over served December 20, 1968, finds that op Highway 40, thence over Interstate city streets to St. Paul, Minn., thence over eration by applicant, in interstate or for Highway 40 to junction Arkansas High Minnesota Highway 49 to junction Min eign commerce, as a contract carrier by way 1, thence over Arkansas Highway 1 nesota Highway 218 to Farmington, motor vehicle, over irregular routes, of (an access road) to Forrest City, Ark., a Minn., thence over U.S. Highway 65 to television antennas, television antenna distance of 8.2 miles; (3) from Forrest Albert Lea, Minn., thence over U.S. High parts and accessories, television antenna City, Ark., over Arkansas Highway 1 (an way 69 to Kansas City, Kans., thence over rotating devices, sound reproducing access road) to junction Interstate city streets to Kansas City, Mo., and equipment and parts for such equipment, Highway 40, thence over Interstate return over the same route. radio receiving sets and parts, cathode Highway 40 to junction unnumbered ray tubes, and advertising matter, be county road, thence over unnumbered By the Commission. tween points in the town of Wawarsing, Ulster County, N.Y., on the one hand, county road (an access road) to Pales [seal] H. Neil Garson, tine, Ark., a distance of 11.1 miles; (4) Secretary. and, on the other; (1) points in that por from Palestine, Ark., over unnumbered tion of the New York, N.Y., commercial [F.R. Doc. 69-11; Filed, Jan. 2, 1969; zone, as defined in Commercial Zones county road (an access road) to junction 8:45 a.m.] Interstate Highway 40, thence over In and Terminal Areas, 53 M.C.C. 451, terstate Highway 40 to junction un within which local operations may be [Notice 1253] conducted pursuant to the partial ex numbered county road, thence over un emption of section 203(b) (8) of the In numbered counity road (an access road) MOTOR CARRIER APPLICATIONS AND to Wheatley, Ark., a distance of 13.1 terstate Commerce Act (the “exempt” CERTAIN OTHER PROCEEDINGS zone), restricted to the transportation of miles; (5) from Wheatley, Ark., over traffic having a prior or subsequent unnumbered county road (an access December 27, 1968. movement by water; and (2) Port Jervis, road) to junction Interstate Highway 40, The following publications are gov N.Y., restricted to the transportation of thence over Interstate Highway 40 to erned by the new Special Rule 1.247 traffic having a prior or subsequent junction Arkansas Highway 17, thence of the Commission’s rules of practice, movement by railroad, under a continu over Arkansas Highway 17 (an access published in the F ederal R egister, issue ing contract with Channel Master Corp., road) to Brinkley, Ark., a distance of of December 3, 1963, which became ef Division of Avnet, Inc., will be consistent 7.5 miles; (6) from Brinkley, Ark., over fective January 1,1964. Arkansas Highway 17 (an access road) with the public interest and the national to junction Interstate Highway 40, thence The publications hereinafter set forth transportation policy; that applicant is over Interstate Highway 40 to junction reflect the scope of the applications as fit, willing, and able properly to perform Arkansas Highway 33, thence over Ar filed by applicant, and may include de such service and to conform to the re scriptions, restrictions, or limitations quirements of the Interstate Commerce kansas Highway 33 (an access road) to which are not in a form acceptable to Act, and the Commission’s rules and reg junction U.S. Highway 70, 0.4 mile west ulations thereunder. Because it is pos of Biscoe, Ark., a distance of 15.4 miles; the Commission.-Authority which ulti (7) from junction Arkansas Highway 33 mately may be granted as a result of sible that other persons, who have relied the applications here noticed will not upon the notice of the application as and U.S. Highway 70, 0.4 mile west of necessarily reflect the phraseology set published, may have an interest in and Biscoe, Ark., over Arkansas Highway 33 forth in the application as filed, but would be prejudiced by the lack of proper (an access road) to junction Interstate also will eliminate any restrictions notice of the authority described in the Highway 40, thence over Interstate which are not acceptable to the findings in this order, a notice of the au Highway 40 to junction Arkansas High Commission. thority actually granted will be published FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 No. 2----- 10 104 NOTICES in the F ederal R egister and issuance of land, Ohio, to points in Illinois (except ment, in support of, or against the pe a permit in this proceeding will be with to the plantsite of Commercial Solvent tition within 30 days from the date of held for a period of 30 days from th e date Corp., at Peoria), Indiana (except to the publication in the F ederal R egister. of such publication, during which period plantsite of Commercial Solvent Corp., any proper party in interest may file a at Terre Haute), Minnesota, Wisconsin, Application for Certificate or P ermit petition to reopen or for other appropri and St. Louis, Mq. Restriction: The au Which I s To Be P rocessed Concur ate relief setting forth in detail the pre thority granted * herein is restricted rently With Applications Under Sec cise manner in which it has been so against tacking said authority with any tion 5 Governed by Special R ule prejudiced. other authority held by carrier; (b) Sub- 1.240 to the Extent Applicable Notice of F iling of P etitions No. 465 tolylene di isocyanate, in bulk, No. MC 59680 (Sub-No. 168), filed De in tank vehicles: From Moundsville, cember 12, 1968. Applicant: STRICK N o . MC 99744 (Sub-No. 4) (Notice of W. Va., and points within 5 miles thereof, LAND TRANSPORTATION CO., INC., Filing of Petition for Removal of Restric to points in Alabama, Arkansas, Florida, 3011 Gulden Lane, Post Office Box 5689, tion), filed December 9, 1968. Petitioner: Georgia, Kentucky, Louisiana, Missis Dallas, Tex. 75202. Applicant’s repre VICTOR GROTHAUS, doing business as sippi, North Carolina, Oklahoma, South sentative: Leroy Hallman, 4555 First Na GROTHAUSEXPRESS, 201 East Fourth Carolina, Tennessee, Texas, Virginia, tional Bank Building, Dallas, Tex. 75202. Street, Kingsley, Iowa 51028. Petitioner’s and Wisconsin. Authority sought to operate as a common representative: Donald L. Stern, Suite Tolylene di isocyanate and resins, in carrier, by motor vehicle, over irregular 630, City National Bank Building, Omaha, bulk, in tank vehicles: From Natrium, routes, transporting: General commodi Nebr. 68102. Petitioner states it holds a W. Va., to points in Alabama, Arkansas, ties (except those of unusual value, certificate in No. MC 99744 (Sub-No. 4), Florida, Georgia, Kentucky, Louisiana, classes A and B explosives, household authorizing transportation as a common Mississippi, North Carolina, Tennessee, goods as defined by the Commission, carrier by motor vehicle in interstate Texas, Virginia, and Wisconsin. Restric commodities in bulk, and commodities or foreign commerce of: General com tion: The authority granted herein requiring special equipment), between modities (except classes A and B explo shall not be joined or tacked to any of points in Massachusetts. Note: This is sives, commodities in bulk, in tank ve carrier’s otherwise authorized opera a matter directly related to No. MC-F- hicles, and beverages), between Omaha, tions for the performance of through 10297, published in the F ederal R egister Nebr., and Moville, Iowa, serving the in service; (c) Sub-No. 510 toluene di iso issue of November 14, 1968. Applicant termediate points of Whiting, Sloan, cyanate, in bulk, in tank vehicles, from states it intends to join the sought au Hormick, and Climbing Hill, Iowa, and Ashtabula, Ohio, to points in Connecti thority with its present authority at Bos the off-route points of Salix and Bronson, cut, Delaware, Illinois, Indiana, Iowa, ton, Mass., so as to conduct operations Iowa: From Omaha over alternate U.S. Kansas, Kentucky, Maryland, Massachu between points in Massachusetts and its Highway 30 to Council Bluffs, Iowa, setts, Michigan, Minnesota, Missouri, present territory. If a hearing is deemed thence over U.S. Highway 75 to Sloan, New Hampshire, New Jersey, New York, necessary, applicant requests it be held Iowa, thence over Iowa Highway 141 to North Carolina, Ohio, Pennsylvania, at Boston, Mass. Hormick, Iowa, thence over unnumbered No. MC-F-10344. Authority sought for highway via Climbing Hill, Iowa, to Mo South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. Restric control by KROBLIN REFRIGERATED ville, and return over the same route. Re XPRESS, INC., 2125 Commercial Street, striction: The authority herein granted tion : The authority granted shall not be joined or combined directly or indirectly Post Office Box 5000, Waterloo, Iowa, of is restricted against tacking or combining RITE-WAY TRUCKING CO., INC., The with other authority presently held by with any other authority held by us for the purpose of providing service from 1650 Grant Street Building, Denver, carrier for the purpose of providing a Colo., and for acquisition by ALLEN E. through service from or to points other or to any points other than those spec ified above by application duly granted KROBLIN, also of Waterloo, Iowa, of than those set forth above. By the instant control of RITE-WAY TRUCKING CO., petition, petitioner seeks to remove the in Docket No. MC-F-9479, MatlacTc, Inc.—Control—Al Zeffiro Transfer and INC., through the acquisition by KROB restriction in its Sub 4 certificate insofar LIN REFRIGERATED XPRESS, INC. as it affects service at the following Storage, Inc., Matlack acquired from Zeffiro the following operating authority Applicants’ representative: Allen E. points: Otoe, Anthon, Correctionville, Kroblin, Post Office Box 5000, Waterloo, Pierson, Kingsley, Washta, Cushing, authorizing the transportation of com modities in bulk: Irregular routes: Bulk Iowa. Operating rights sought to be con Battle Creek, Ida Grove, Holstein, trolled: General commodities, except Quimby, Calva, and Schaller, Iowa, so as commodities, between points in Penn sylvania, Ohio, Maryland, and West Vir money and jewelry, classes A and B ex to permit tacking with its Sub 2 au plosives, household goods as defined by thority. Any interested person desiring to ginia which are within 150 miles of Monongahela, Pa. Restriction: No serv the Commission, commodities in bulk, participate may file an original and six and those requiring special equipment, copies of his written representations, ice may be performed in the transporta tion of (1) coal tar and creosote oil, in as a common carrier, over regular routes, views, or argument, in support of, or between Leon, Iowa, and St. Joseph, Mo., against the petition within 30 days from bulk, in tank vehicles, between Cleveland, Ohio, on the one hand, and, on the other, serving the intermediate points of Beth the date of publication in the F ederal any, Mo., and those between Bethany, R egister. • East Liverpool and Wellsville, Ohio; (2) heavy residual fuel oil, in bulk, in tank Mo., and Leon, Iowa, and the off-route No. MC 107403 (Sub-Nos. 370, 465, and point of Ridgeway, Mo., without restric 510) (Notice of Filing of Petition for vehicles, from Wellsville, Ohio, to Youngstown and Lorain, Ohio; and (3) tion; and intermediate points between Modification of Tacking Restrictions), Bethany and St. Joseph, Mo., restricted filed November 20, 1968. Petitioner: heavy residual fuel oil and coal tar pitch, in bulk, in tank vehicles; (a) from East to southbound traffic only, between Leon, MATLACK, INC., Lansdowne, Pa. Peti Iowa, and Des Moines, Iowa, serving all tioner’s representative: Maxwell A. Liverpool, Ohio, to Youngstown and McDonald, Ohio; and (b) from Mc intermediate points, and the off-route Howell, 1120 Investment Building, 1511 points of Van Wert and Weldon, Iowa; K Street NW., Washington, D.C. 20005. Donald, Ohio, to Youngstown, Ohio. By the instant petition, petitioner prays also serving all intermediate and off- Petitioner is a common carrier of com route points within 12 miles of the cen modities in bulk by motor vehicle pursu that the said three restrictions be modi fied to have application only to the au tral post office at Des Moines (except Al ant to authority duly granted in No. MC toona, Ankeny, Carlisle, Des Moines, and 107403 and numerous Subs thereto; in thority held by it at the time the authority was granted, or, alternatively, Norwalk, Iowa); and general commodi cluded among its several grants are Subs ties, except those of unusual value, 370, 465, and 510 which, respectively, that the so-called Zeffiro authority now held under petitioner’s Sub-No. 740 be classes A and B explosives, household contain the following irregular route au goods as defined by the Commission, thority; (a) Sub-No. 370 liquid synthetic permitted to be tacked with the three Sub-Nos. 370, 465, and 510. Any inter commodities in bulk, commodities re resins and liquid glues, in bulk, in tank quiring special equipment, and those in vehicles: From the plantsite of Air Re ested person desiring to participate may jurious or contaminating to other lad duction Chemical & Carbide Co., a divi file an original and six copies of his ing, between EagleviUe, Mo., and Kansas sion of Air Reduction Co., Inc., at Cleve written representations, views, or argu City, Kans., serving the intermediate FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 NOTICES 105 points of Bethany, Pattonsburg, and TATION COMPANY, LIMITED, doing TRANSFER, INC., 49 Main Street, Box Kansas City, Mo., and the off-route business as C. & C. TAXI SERVICE, 55, Reisterstown, Md. 21136. Applicant’s points of Ridgeway, New Hampton, and LIMITED, 902 Government Street, Vic representative: W. Wilson Corroum Civil Bend, Mo., without restriction; and toria, British Columbia, Canada, and (same address as above). Authority intermediate and off-route points within for acquisition by INTERNATIONAL sought to operate as a common carrier, 10 miles of Bethany (except Ridgeway, UTILITIES CORPORATION, 200 Uni by motor vehicle, over irregular routes, Mo.), restricted to pickup of livestock, versity Avenue, Toronto, 1, Ontario, transporting: Limestone, in bulk, from between Eagleville, Mo., and St. Joseph, Canada, of control of such rights and Texas, Md., to Acton, Mass., for 120 days. Mo., serving the intermediate points of property through the purchase. Appli Supporting shipper: Harry T. Camp Bethany, Pattonsburg, and Winston, Mo., cants’ representative: John Finlayson bell Sons’ Corp., Campbell Building, and the off-route points of Ridgeway and Wood, 305/1020 Government Street, Vic Towson, Baltimore, Md. 21204. Send pro New Hampton, Mo. KROBLIN REFRIG toria, British Columbia, Canada. Operat tests to: William L. Hughes, District ERATED XPRESS, INC., is authorized ing rights sought to be transferred: Pas Supervisor, Interstate Commerce Com to operate as a common carrier in all sengers and their baggage, in round trip mission, Bureau of Operations, 1125 Fed points in the United States (except charter operations, as a common carrier, eral Building, Baltimore, Md. 21201. Alaska and Hawaii). Application has over irregular routes, beginning and end No. MC 73165 (Sub-No. 258 TA), filed been filed for temporary authority under ing at ports of entry on the United December 23, 1968. Applicant: EAGLE section 210a (b). States-Canada boundary line in Wash MOTOR LINES, INC., Post Office Box No. MC-F-10345. Authority sought for ington, and extending to points in Cali 1348, 830 North 33d Street, Birmingham, purchase by R. J. (RED) ANDREWS, do fornia, Oregon, and Washington, with Ala. 35201. Applicant’s representative: ing business as R. J. (RED) ANDREWS restriction. VANCOUVER ISLAND Lewis J. Amato, Central Building, 1033 TRUCK LINE, 606 Lexington (Post Of TRANSPORTATION COMPANY, LIM State Street, Bowling Green, Ky. 42101. fice Box 4), Corsicana, Tex. 75110, of the ITED, doing business as VANCOUVER Authority sought to operate as a com operating rights and certain property of ISLAND COACH LINES, LIMITED, mon carrier, by motor vehicle, over ir J & S TRUCK LINE, INC., Post Office holds no authority from this Commis regular routes, transporting: Roofing Drawer 94850, Oklahoma City, Okla. sion. However, its controlling stock and roofing materials, from the plantsite 73109. Applicants’ attorney: James W. holder controls RYDER TRUCK LINES, . of Lloyd A. Fry Roofing Co., Atlanta, Ga., Hightower, 136 Wynnewood Profes INC., 2050 Kings Road, Jacksonville, to points in Tennessee and Virginia, for sional Building, Dallas, Tex. 75224. Oper Fla. 33203, which is authorized to 180 days. Supporting shipper: Lloyd A. ating rights sought to be transferred: operate as a common carrier in all points Fry Roofing Co., 5818 Archer Road, Sum Paint and paint materials (except in in the United States (except Alaska and mit, HI. 60501. Send protests to: B. R. bulk), and empty containers, as a con Hawaii). Application has been filed for McKenzie, District Supervisor, Inter tract carrier, over irregular routes, be temporary authority under section state Commerce Commission, Bureau of tween Garland, Tex., on the one hand, 210a(b). Operations, Room 823, 2121 Building, and, on the other, points in Alabama, By the Commission. Birmingham, Ala. 35203. Georgia, Illinois, Kansas, Louisiana, Mis No. MC 95540 (Sub-No. 739 TA) (Cor sissippi, Missouri, North Carolina, Ohio, [seal! H. N eil Garson, Secretary. rection), filed December 12, 1968, pub and Tennessee, with restrictions. Vendee lished in the F ederal R egister, issue of is authorized to operate as a contract [PR. Doc. 69-12; Filed, Jan. 2, 1969; December 21, 1968, and republished as carrier in Texas, Arkansas, Colorado, 8:45 a.m.] corrected, this issue. Applicant: WAT Kansas, Louisiana, Missouri, Nebraska, KINS MOTOR LINES, 1120 West Griffin New Mexico, and Oklahoma. Applica [Notice 754] Road, Lakeland, Fla. 33801. Applicant’s tion has been filed for temporary author representative: Paul E. Weaver (same ity under section 210a(b). MOTOR CARRIER TEMPORARY address as above). Authority sought to No. MC-F-10346. Authority sought for AUTHORITY APPLICATIONS operate as a common carrier, by motor purchase by ENID FREIGHT LINES, vehicle, over irregular routes, transport INC., 3016 North Sixth Street, Enid, December 27, 1968. ing: Textiles and textile products, from Okla. 73701, of apportion of the operating The following are notices of filing of East Greenwood, S.C., to Pawhuska, rights of LEE WAY MOTOR FREIGHT, applications for temporary authority Okla., for 180 days. N ote: The purpose of INC., 3000 West Reno, Oklahoma City, under section 210a(a) of the Interstate this republication is to correct destination Okla. 73108. Applicants’ attorney: I. E. Commerce Act provided for under the point. Supporting shipper: Monsanto Chenoweth, 3010 South Braden, Tulsa, new rules of Ex Parte No. MC-67 (49 Co., 800 North Lindbergh Boulevard, St. Okla. 74114. Operating rights sought to CFR Part 340) published in the F ederal Louis, Mo. 63166. Send protests to: Dis be transferred: General commodities, ex R egister, issue of April 27, 1965, Effec trict Supervisor Joseph B. Teichert, cept those of unusual value, classes A and tive July 1,1965. These rules provide that Interstate Com m erce Commission, B explosives, household goods as defined protests to the granting of an application Bureau of Operations, Room 1226, 51 by the Commission, and commodities in must be filed with the field official named Southwest First Avenue, Miami, Fla. jurious or contaminating to other lading, in the F ederal R egister publication, 33130. as a common carrier, over regular routes, within 15 calendar days after the date No. MC 111812 (Sub-No. 373 TA), between Enid, Okla., and Alva, Okla., of notice of the filing of the application filed December 20,1968. Applicant: MID serving all intermediate points. Vendee is is published in the F ederal R egister. One WEST COAST TRANSPORT, INC., copy of such protest must be served on authorized to operate under a certificate 405 J/2 East Eighth Street, Post Office Box of registration, as a common carrier in the applicant, or its authorized repre 1233, Sioux Falls, S. Dak. 57101. Appli the State of Oklahoma. Application has sentative, if any, and the protests must cant’s representative: R. EL Jinks (same not been filed for temporary authority certify that such service has been made. address as above). Authority sought to under section 210a(b). N ote : Applicants The protests must be specific as to the operate as a common carrier, by motor request if a hearing is deemed neces service which such protestant can and vehicle, over irregular routes, transport sary, that it be held at Oklahoma City, will offer, and must consist of a signed ing: Meats, meat products, meat 'by Okla. original and six copies. products, and articles distributed by A copy of the application is on file, and Motor Carriers of P assengers meat packinghouses, as described in can be examined at the Office of the appendix 1,61 M.C.C. 209 and 766 (except No. MC-F-10343. Authority sought for Secretary, Interstate Commerce Com purchase by VANCOUVER ISLAND mission, Washington, D.C., and also in hides and in bulk), from Pekin, HI., to TRANSPORTATION COMPANY, LIM points in Iowa, Kansas, Nebraska, and the field office to which protests are to be Missouri, for 180 days. Supporting ship ITED, doing business as VANCOUVER transmitted. ISLAND COACH LINES, LIMITED, 710 per: Bird Provision Co., 420 Washing Douglas Street, Victoria, British Colum Motor Carriers of P roperty ton Street, Pekin, HI. 61554, Joseph T. bia, Canada, of the operating rights and No. MC 30887 (Sub-No. 158 TA), filed Basler, Transportation Manager, Send certain property of C. & C. TRANSPOR December 20, 1968. Applicant: SHIPLEY protests to: J. L. Hammond, District FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 106 NOTICES Supervisor, Interstate Commerce Com from Lewiston, Maine, to Chicago, HI.; Roanoke, Va. 24002. Send protests to: mission, Bureau of Operations, Room 369, Houston and St. Louis, Mo.; Columbus, Willima L. Hughes, District Super Federal Building, Pierre, S. Dak. 57501. Ohio; Grinnell, Iowa; Allentown, Mount visor, Interstate Commerce Commission, No. MC 128829 (Sub-No. 1 TA), filed Joy, and Tamaqua, Pa.; High Point and Bureau of Operations, 1125 Federal December 23, 1968. Applicant: JIM Mocksville, N.C.; York and Wallhalla, Building, Baltimore, Md. 21201. LYNN TRANSPORT, INC., Post Office S.C.; Galax, Va.; and Franklin, W. Va., No. MC 133356 TA, filed December 18, Box 878, 1905 Roy Street, Sherbrooke, for 180 days. Supporting shipper: Dia 1968. Applicant: SUNVAN & STORAGE Quebec, Canada. Applicant’s representa mond Machinery Co., River Road, Lewis COMPANY, INC., 135 South Brandon tive: Andre J. Barbeau, 795 Elm Street, ton, Maine 04240. Send protests to: Don Street, Seattle, Wash. 98119. Applicant’s Manchester, N.H. 03101. Authority ald G. Weiler, District Supervisor, Inter representative: Joseph O. Earp, 411 Lyon sought to operate as a common carrier, state Commerce Commission, Bureau of Building, 607 Third Avenue, Seattle, by motor vehicle, over irregular routes, Operations, Room 307, 76 Pearl Street, Wash. 98104. Authority sought to operate transporting: Steel beams and steel Portland, Maine 04112. __ as a common carrier, by motor vehicle, bridge girders; supports, bearing pads, No. MC 133353 TA, filed December 23, over irregular routes, transporting: bracing, and bolts, and accessories, from’ 1968. Applicant: UNITED CONTAINER Household goods, between points in the ports of entry of the international SERVICES, INC., Foot of Grace Street, King, Pierce, Thurston, Snohomish, and boundary line between the United States Secaucus, N.J. 07094. Applicant’s repre Kitsap Counties, Wash., restricted to and Canada in the States of Maine, New sentative: Arthur J. Piken, 160-16 shipments having an immediately prior Hampshire, and Vermont to points in Jamaica Avenue, Jamaica, N.Y. 11432. or subsequent out-of-State line-haul the States of Maine, New Hampshire, Authority sought to operate as a com movement by rail, motor, water, or air, and Vermont, for 180 days. Supporting mon carrier, by motor vehicle, over irreg for 180 days. Supporting shippers: (1) shipper: MacKinnon Structural Steel ular routes, transporting: General com Northwest Consolidators, Inc., 423 Third Co., Ltd., Sherbrooke, Quebec, Canada. modities, in containers and trailers which Avenue West, Seattle, Wash. 98119; (2) Send protests to: District Supervisor have a prior or subsequent movement by Sunpak Movers, Inc., 534 Westlake Ross J. Seymour, Bureau of Operations, water in foreign commerce, between Avenue North, Seattle, Wash. 98109; (3) Interstate Commerce Commission, 424 points in the New York, N.Y., commercial Karevan, Inc., 419 Third Avenue West, Federal Building, Concord, N.H. 03301. zone, as defined by" the Interstate Com Seattle, Wash. 98119. Send protests to: No. MC 133350 TA, filed December 20, merce Commission, for 150 days. Sup E. J. Casey, District Supervisor, Inter 1968. Applicant: AQUA GULF CORPO porting shipper: United States Lines, state Commerce" Commission, Bureau RATION, 280 Prescott Avenue, Staten Inc., 1 Broadway, New York, N.Y. 10004. of Operations, 6130 Arcade Building, Island, N.Y. Applicant’s representative: Send protests to: District Supervisor Seattle, Wash. 98101. Samuel B. Zinder, Station Plaza East, Walter J. Grossmann, Bureau of Opera By the Commission. Great Neck, N.Y. Authority sought to op tions, Interstate Commerce Commission, erate as a common carrier, by motor 970 Broad Street, Newark, N.J. 07102. [seal] H. N eil Garson, vehicle, over irregular routes, transport No. MC 133354 TA, filed December 23, Secretary. ing: General commodities, in containers 1968. Applicant: L. G. HERNDON, doing [F.R. Doc. 69-13; Filed, Jan. 2, 1969; or trailers, having a prior or subsequent business as HERNDON CONSTRUC 8:45 a.m.] movement by water in interstate or for TION CO., Vidalia, Ga. 30474. Applicant's eign commerce; (1) between the piers representative: J. Ed Allen, 1205 Uni and facilities of Trans-American Trailer versity Building, Jacksonville, Fla. 32201. [Notice 267] Transport at Staten Island, N.Y., and Authority sought to operate as a com MOTOR CARRIER TRANSFER points within the New York, N.Y., com mon carrier, by motor vehicle, over irreg PROCEEDINGS mercial zone as defined by the Commis ular routes, transporting: Electric floor sion; (2) between the piers and facilities polishers, electric vacuum cleaners, elec D ecember 27, 1968. of Trans-American Trailer Transport at tric blankets, and parts and machinery Application filed for temporary au Staten Island, N.Y., on the one hand and, used in connection therewith, from thority under section 210(a) (b) in con on the other, points in Bergen, Morris, McRae, Ga., to Vidalia, Ga., on shipper nection with transfer application under Hudson, Essex, Union, Middlesex, and owned or leased trailers under Plan II- section 212(b) and Transfer Rules, 49 Somerset Counties, N.J., for 150 days. V2 piggy-back, returning empty trailers, CFR Part 1132: Supporting shipper: Trans-American from Vidalia to McRae, Ga., for 180 days. No. - MC-PC-71022. By application Trailer Transport, Inc., 358 St. Marks Supporting shipper: Sunbeam Corp., filed December. 18, 1968, NEW YORK- Place, Staten Island, N.Y. 10301. Send 5400 West Roosevelt Road, Chicago, HI. NEW JERSEY TRANSP., INC., Box protests to: Paul W. Assenza, District 60650. Send protests to: District Super 1002, Brookdale Station (20 Bay Street) Supervisor, Interstate Commerce Com visor G. H. Fauss, Jr., Interstate Com Montclair, N.J., seeks temporary author mission, Bureau of Operations, 26 Fed merce Commission, Bureau of Opera ity to lease the operating rights of eral Plaza, Room 1807, New York, tions, Box 35008, 400 West Bay Street, ORIENT EXPRESS, INC., 1 Nelson N.Y. 10007. Jacksonville, Fla. 32202. Place, Lyndhurst, N.J., under section No. MC 133351 TA, filed December 20, No. MC 133355 TA, filed December 23, 210a(b). The transfer to NEW YORK- 1968. Applicant: ELTON F. PERKINS, 1968. Applicant: JOHN ALLEN MORRIS, NEW JERSEY TRANSP., INC., of the doing business as PERKINS LUMBER doing business as STONE TRANSPORT COMPANY, Greene, Maine 04236. Appli ERS, Cardiff, Md. 21004. Authority operating rights of ORIENT EXPRESS, cant’s representative: Peter L. Murray, sought to operate as a common carrier, INC., is presently pending. 465 Congress Street, Portland, Maine by motor vehicle, over irregular routes, By the Commission. 04111. Authority sought to operate as a transporting: Stone, in bulk or in bags, contract carrier, by motor vehicle, over in open equipment, between Phillipsburg, [seal] H. N eil Garson, irregular routes, transporting: Conveyor N.J., and Cardiff, Md., for 180 days. Sup Secretary. systems and machinery used in the shoe porting shipper: General Stone & Ma [F.R. Doc. 69-14; Filed, Jan. 2, 1969; and textile industries, and parts thereof, terials Corp., Post Office Box 211, 8:45 ajn.j FEDERAL REGISTER, VOL. 34, No. 2— FRIDAY, JANUARY 3, 1969 FEDERAL REGISTER 107 CUMULATIVE LIST OF PARTS AFFECTED— JANUARY 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 January 7 CFR P“«B 19 CFR Page 42 CFR Pa«e 722______5,55 18______58 73------s______10 729______56 775______5 20 CFR 815,.______56 404______58 43 CFR 907______57 P ublic Land Order: 910— ______„ „ 6 24 CFR 1421______6 4560______76 1427______— 8 241____ 1______74 P roposed R ules: 25 CFR 45 CFR 929______13 P roposed R ules: 233______10 1071—______78 237______11 1104______«______78 221______14 1106___ 78 29 CFR 47 CFR 12 CFR 728 _____J.______74 97__------H 218______57 729 ______».______75 33 CFR 49 CFR 14 CFR 208______75 1033------11,12 39...... J______8 P roposed R ules: 97------35 41 CFR 375— ------17 Proposed R ules: 4-4______*______9 39____ 14 7-3______76 71------15 7-16______76 50 CFR 157______16 10-12______9 33------77 governm ent organization ® m an u al GOVERNMENT 1060 Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, 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 Government. oo per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.