FEDERAL REGISTER VOLUME 33 • NUMBER 50 Wednesday, March 13, 1968 • Washington, D.C. Pages 4447-4502
Agencies in this issue— Agency for International Development Agricultural Stabilization and Conservation Service Air Force Department Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Defense Department Engineers Corps Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Register Administrative Committee Federal Reserve System Food and Drug Administration Interstate Commerce Commission Land Management Bureau Mines Bureau National Gallery of Art Packers and Stockyards Administration Post Office Department Securities and Exchange Commission Detailed list of Contents appears inside. Subscriptions Now Being Accepted SLIP LAWS
90th Congress, 2d Session 1968
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AGENCY FOR INTERNATIONAL CIVIL SERVICE COMMISSION Proposed Rule Making DEVELOPMENT Rules and Regulations AM modulation monitors; elimi- nation of requirement of meters Notices Excepted service : as indicators______4474 Department of Housing and Authority delegation; principal Notices U.S. diplomatic officer in China. 4477 Urban Development______4451 Department of Housing and Hearings, etc.: Urban Development and Little Dixie Radio, Inc., et al__ 4485 Housing and Home Finance Risner Broadcasting, Inc., and AGRICULTURAL STABILIZATION Agency______4451 Lee Mace______4485 AND CONSERVATION SERVICE Rules and Regulations COMMERCE DEPARTMENT FEDERAL MARITIME See Business and Defense Services Cotton, upland; 1968 and succeed COMMISSION ing crops; erroneous notice of Administration. - allotment______4451 Notices COMMODITY CREDIT American Mail Line, Ltd., and CORPORATION China Navigation Co., Ltd_____ 4486 AGRICULTURE DEPARTMENT Assembly time, Port of San Diego; Rules and Regulations investigation______4486 See Agricultural Stabilization and Farm storage facilities; terms and North Atlantic Israel Eastbound Conservation Service; Commod conditions of loans; Freight Conference; petition ity Credit Corporation; Con Dryer loans______4452 filed for approval______i 4487 sumer and Marketing Service; Facility loans______4452 Packers and Stockyards Admin istration. CONSUMER AND MARKETING FEDERAL POWER COMMISSION SERVICE Rules and Regulations AIR FORCE DEPARTMENT Rules and Regulations Annual reports of Class A and B Potatoes, Irish, grown in Colo natural gas companies; reserves Rules and Regulations rado; shipments limitation___ 4452 available from purchase agree- ments______,______4460 Enforcement of order at Air Force Proposed Rule Making installations, control of civil dis Notices Milk in Wichita, Kans., marketing turbances, and support of dis Hearings, etc.: aster relief operations______4462 area; suspension of certain pro visions of order ______4474 El Paso Natural Gas Co______4491 Jones, Edwin M., Oil Co. et al_ 4492 CUSTOMS BUREAU Mobil Oil Corp______4491 ARMY DEPARTMENT Signal Oil and Gas Co. et al___ 4487 Rules and Regulations See Engineers Corps. Southern Natural Gas Co_____ 4492 Countervailing duties; sugar con tent of' certain articles from Australia; February 1968_____ 4461 FEDERAL REGISTER BUSINESS AND DEFENSE Entry of purebred animals for ADMINISTRATIVE COMMITTEE breeding purposes______4461 SERVICES ADMINISTRATION Lists of acts requiring publica Notices DEFENSE DEPARTMENT tion in the F ederal R egister; amendment:______4451 Applications and decisions on ap See also Air Force Department; plications for duty-free entry Engineers Corps. of scientific articles: FEDERAL RESERVE SYSTEM Children’s Medical Center____ 4480 Rules and Regulations Medical College of Virginia___ 4480 Civilan applicant and employee Rules and Regulations Michigan State University____ 4480 security program; authority; Credit regulations: New York Medical College____ 4481 correction______4462 Banks______4455 Rutgers Medical School______4481 Brokers, dealers, and members Texas A&M University-^______4481 ENGINEERS CORPS of national securities ex University of California______4482 Rules and Regulations changes______4453 University of Florida et al____ 4482 Danger zones; Narragansett Bay, Persons other than banks, Vanderbilt University______4482 R.I______4463 brokers, etc______4452 Danger zones, navigation; Gulf of Mexico, Fla., and Lower Atcha- FOOD AND DRUG CIVIL AERONAUTICS BOARD falaya River (Berwick Bay), Rules and Regulations L a ______4464 ADMINISTRATION Visual in-flight entertainment and Flood control; Devil Creek Dam Rules and Regulations m-flight service of alcoholic and Reservoir, Bear River Authority delegations; miscellane beverages: Basin, Idaho______4464 ous amendments__ ,______4462 Policy statement,______4459 FEDERAL COMMUNICATIONS Tea importation; standards, 1968- . Tariffs of air carriers______4456 6 9 ______4462 Notices COMMISSION Hearings, etc.: Rules and Regulations HEALTH, EDUCATION, AND Air Transport Association_____ 4483 Amateur radio service: WELFARE DEPARTMENT ffiternational Air Transport As Assignment of preferred station sociation ______4483 call signs______4466 See Food and Drug Administra Mohawk Airlines, Inc______4484 Notice and application filing tion. otate of Wisconsin et al______4484 requirements______4466 (Continued on next page) 4449 4450 CONTENTS
INTERIOR DEPARTMENT Notices POST OFFICE DEPARTMENT See Land Management Bureau; Colorado; proposed withdrawal Rules and Regulations Mines Bureau. and reservation of lands______4478 Oregon; opening of public lands— 4479 Special handling and interna Outer Continental Shelf off Texas; tional mail directory; miscella INTERSTATE COMMERCE oil and gas lease sale______4477 neous amendments______4465 COMMISSION MINES BUREAU Rules and Regulations Proposed Rule Making SECURITIES AND EXCHANGE Removal of truckload lot restric Self-contained breathing appara COMMISSION tions; postponement of effective tus; procedures for investiga Notices d a te______4467 tion, tests, certification, ap Hearings, etc.: Notices proval, and fees______4468 Consolidated Natural Gas Co__ 4492 Motor carriers : Continental Vending Machine Alternate route deviation no NATIONAL GALLERY OF ART C orp ______;______4493 tices ______4493 Notices Cormac Chemical Corp______4493 Applications and certain other / Visiting hours______4492 Fastline, Inc______4493 proceedings (2 documents)_ 4496, Westec Corp______4493 4499 Temporary authority applica- PACKERS AND STOCKYARDS ADMINISTRATION ' tions ______4500 STATE DEPARTMENT Notices See Agency for International De LAND MANAGEMENT BUREAU Posted stockyards: velopment. Bonners Ferry-Coeur d’Alene Rules and Régulations Livestock, Inc., et al.; changes Public domain leasing, oil and in names______4479 gas; qualifications for associa Crawford County Livestock Auc TREASURY DEPARTMENT tions ______4465 tion, Inc., et al.; deposting._ 4479 See Customs Bureau.
List of CFR Parts Affected
The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.
5 CFR 18 CFR 33 CFR 213 (2 documents)______4451 260_____ 4460 204 (2 documents)_ 4463, 4464 207 ______. 4464 208 ___ _ — „ 4464 7 CFR 19 CFR 722______4451 10______4461 39 CFR 948______I______4452 16______4461 Ch. I______4465 1474 (2 documents)______4452 246______. 4465 P roposed R u l e s: 21 CFR 1073______4474 2______4462 43 CFR 4462 3100______. 4465 28ÏIIIIII . 4465 12 CFR 3120______207______— 4452 30 CFR 47 CFR 220------4453 P roposed R u l e s: 97 (2 documents)______4466 221 ______4455 n __ 4468 P roposed Rules: 73______- 4474 14 CFR 32 CFR 221______4456 156- 4462 49 CFR 399______4459 809a 4462 1041...... 4467 4451 Rules and Regulations Title 1— GENERAL PROVISIONS Chapter I— Administrative Committee of the Federal Register APPENDIX B— LISTS OF ACTS REQUIRING PUBLICATION IN THE FEDERAL REGISTER Appendix B is amended by adding thereto the list of acts enacted in 1967 requiring or authorizing the publication of documents in the F ederal R egister, as follows: 1967 Publication and incorporation by reference in the Federal Register. 81 Stat. 54; 5 U.S.C. 552. Hazardous household products------81 Stat. 467,468; 15 U.S.C. 1262 note. Air Pollution------—------&------81 Stat. 491, 493; 42 U.S.C. 1857c-2, 1857d. Meat Inspection------81 Stat. 596; 21 U.S.C. 661. Pay Recommendations of President------;------81 Stat. 644; 2 UJS.C. 361. Subversive Activities Control------81 Stat. 771; 50 U.S.C. 792. Presidential determination of Foreign Aid-.------81 Stat. 939; 22 U.S.C. 2370 note.
PART 213— EXCEPTED SERVICE justment Act of 1938, as amended (52 Title 5— ADMINISTRATIVE Stat. 31, as amended; 7 U.S.C. 1281 et Department of Housing and Urban seq.). The purpose of this amendment is PERSONNEL Development to expand the provisions of § 722.423 to permit application of the erroneous no Chapter I— Civil Service Commission Section 213.3384 is amended to show tice of allotment provision to export that the position of Staff Assistant to the PART 213— EXCEPTED SERVICE market acreage and to make such pro Deputy Assistant Secretary, Housing As visions applicable prior to planting the Housing and Home Finance Agency sistance Administration, is excepted crop under specified conditions. under Schedule C. Effective on publica Since planting of cotton is imminent in and Department of Housing and tion in the F ederal R egister, subpara Urban Development some areas affected farmers need benefit graph (7) is added to paragraph (c) of of this amendment immediately. It is Sections 213.3344 and 213.3384 are § 213.3384 as set out below. hereby determined and found that com amended to show that the position of § 213.3384 Department of Housing and pliance with the notice, public procedure Special Assistant to the Assistant Sec Urban D evelopm ent. and 30-day effective date requirements of retary for Renewal and Housing Assist ♦ * * * * 5 U.S.C. 553 is impracticable and con ance is excepted under Schedule C in (c) Office of the Assistant Secretary fortrary to the public interest. Accordingly, Renewal and Housing Assistance. * * * this amendment shall be effective upon lieu of the position of Special Assistant filing with the Director, Office of the to the Commissioner (Liaison), Public (7) One Staff Assistant to the Deputy Federal Register. Housing Administration, Housing and Assistant Secretary, Housing Assistance Section 722.423 is amended by revising Home Finance Agency. Effective on pub Administration. the first sentence thereof to read as * * *■■*,. * lication in the F ederal R egister, sub- follows: (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, paragraph (1) of paragraph (c) of 3 CFR, 1954-58 Comp., p. 218) § 722.423 Erroneous notice of cotton § 213.3344 is revoked and a new subpara allotm ent. graph (6) is added to paragraph (c) of United S tates Civil S erv In any case where through error the ice Commission, § 213.3384 as set out below. producer is officially notified in writing [seal] J ames C. S pry, of a farm allotment (including export § 213.3344 Housing and Home Finance Executive Assistant to Agency. market acreage) larger than the final the Commissioners. approved farm allotment and it is found * * * * * [F.R. Doc. 68-3071; Filed, Mar. 12, 1968; by the county committee that such pro (c) Public Housing Administration. 8:48 a.m.] ducer, acting solely on the information (1) [Revoked] contained in the erroneous notice, has ***** materially changed his position to en “ 213.3384 Department of Housing and Title 7— AGRICULTURE able him to produce the allotment crop Urban D evelopm ent. (for example, obligated expenditure of * * * * * Chapter VII— Agricultural Stabiliza funds for land preparation, additional (c) Office of the Assistant Secretary tion and Conservation Service (Agri equipment and labor), or has planted an *°* Renw>(il and Housing Assistance. cultural Adjustment), Department of acreage to cotton in excess of the final Agriculture approved farm allotment, the producer (6) Special Assistant to the Assistant SUBCHAPTER B— FARM MARKETING QUOTAS will not be considered to have exceeded Secretary. AND ACREAGE ALLOTMENTS the farm allotment unless he planted an - * * * [Arndt. 1] acreage in excess of the allotment shown on the erroneous notice. * * * f r m ' L l 301, 3302> EO- 10577, 19 FJ PART 722— COTTON «CFR, 1954-58 Comp., p. 218) (Secs. 344, 344a, 346(e), 375, 377, 63 Stat. 670, United S tates Civil S erv- Subparf— Acreage A llo tm e n ts for as amended, 79-Stat. 1197, 79 Stat. 1192, 52 Stat. 66, as amended, 70 Stat. 206, as ice Commission, 1968 and Succeeding Crops of Up amended, 7 U.S.C. 1344, 1344b, 1346(e), 1375, iseal] J ames C. .Spry, land Cotton 1377) Executive Assistant to the Commissioners. Erroneous N otice op Cotton Allotment Effective date: Date of filing with IF.R. Doc. 68-3070; Filed, Mar. 12, 1968; Basis and purpose. This amendment is the Director, Office of the Federal 8:48 a.m.] issued pursuant to the Agricultural Ad Register.
FEDERAL REGISTER, VOL 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4452 RULES AND REGULATIONS
Signed at Washington, D.C., on March to § 948.6: Provided, That the handling ary 3, 1964 (29 F.R. 41), containing the 8, 1968. of potatoes for seed which have not terms and conditions of the Commodity R ay F itzgerald, been certified shall be limited to ship Credit Corporation Dryer Loan Program, Acting Administrator, Agricul ments sold to producers exclusively for is amended by revoking paragraph (f) tural Stabilization and Con planting within the States of New of § 1474.766. This amendment will elimi servation Service. Mexico, Arizona, and Texas pursuant to nate the requirement that the borrower [F.R. Doc. 68-3068; Filed, Mar. 12, 1968; § 948.23(e); but any lot of potatoes maintain insurance on the equipment 8:48 a.m.] handled for seed shall be subject to during the life of the loan. assessments. (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C ♦ * $ $ 4c 714b) Chapter IX— Consumer and Market Effective date: Issued March 8, 1968, ing Service (Marketing Agreements Effective date. This amendment shall to become effective upon publication in be effective upon publication in the and O rd e rs; Fruits, Vegetables, the F ederal R egister. F ederal R egister. Nuts), Department of Agriculture P aul A. N icholson, Signed at Washington, * D.C., on [948.356, Amdt. 2; Area 2] Deputy Director, Fruit and March 6, 1968. Vegetable Division, Consumer H. D. G odfrey, PART 948— IRISH POTATOES GROWN and Marketing Service. IN COLORADO Executive Vice President, [F.R. Doc. 68-3052; Filed, Mär. 12, 1968; Commodity Credit Corporation. Limitation of Shipments 8:47 a.m.] [F.R. Doc. 68-3055; Filed, Mar. 12, 1968; Marketing Agreement No. 97, as 8:47 a.m.] amended, and Order No. 948' as amended Chapter XIV— C ommodliy Credit (7 CFR Part 948), regulate the handling Corporation, Department of Agri of Irish potatoes grown in the State of culture Colorado. They are effective under the Title 12— BANKS AND BANKING applicable provisions of the Agricultural SUBCHAPTER B— LOANS, PURCHASES, AND Chapter II— Federal Reserve System OTHER OPERATIONS Marketing Agreement Act of 1937, as SUBCHAPTER A— BOARD OF GOVERNORS OF amended (7 U.S.C. 601 et seq.). [CCC Farm Storage Facility Loan Bulletin 1 THE FEDERAL RESERVE SYSTEM Findings, (a) Based upon the recom (Rev. 4), Amdt. 3] mendation and information submitted [Reg. G] by the Colorado Area No. 2 Committee, PART 1474— FARM STORAGE FACILITIES PART 207— CREDIT BY PERSONS established pursuant to the said market OTHER THAN BANKS, BROKERS, OR ing agreement and order, and upon other Subpart— Farm Storage Facility Loan available information, it is hereby found DEALERS FOR PURPOSE OF PUR that the amendment to the limitation of Program CHASING OR CARRYING REGIS shipments hereinafter set forth will tend T erms and Conditions of L oans TERED EQUITY SECURITIES to effectuate the declared policy of the The subpart of Part 1474 of Title 7 of Miscellaneous Amendments act. the Code of Federal Regulations, con (b) It is hereby found that it is im taining the terms and conditions govern By document appearing in the F ederal practicable and contrary to the public ing the Commodity Credit Corporation R egister of February 8, 1968 (33 F.R. interest to give preliminary notice or en Farm Storage Facility Loan Program, 2691),' the Board of Governors an gage in public rule making procedure, published in the F ederal R egister of nounced the adoption of a new Part 207, and that good cause exists for not post November 1, 1962, and amended on effective March 11, 1968. By document poning the effective date of this amend March 14, 1963, and November 2, 1963 appearing in the F ederal R egister of ment until 30 days after publication in (27 F.R. 10647, 28 F.R. 2491 and 28 F.R. March 7,1968 (33 F.R. 4249), the effective the F ederal R egister (5 U.S.C. 553) in 11725), is amended by revoking para date of § 207.4(f) was deferred to April that (1) the time intervening between graph (f) of § 1474.726. This amendment 10, 1968. Certain technical amendments the date when information upon which will eliminate the requirement that the have now been adopted by the Board, this amendment is based became avail borrower maintain insurance on the all effective March 11, 1968. Those able and the time when this amendment facility until the loan has been fully amendments and the reasons therefor must become effective in order to effectu repaid. are as follows: ate the declared policy of the act is in l.a. Section 207.1(d) (1) and (4) is sufficient, (2) compliance with this (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. amended to read as follows: 714b) amendment will not require any special § 207.1 General rule. preparation by handlers which cannot Effective date. This amendment shall $ $ Hi * * be completed by the effective date, (3) be effective upon publication in the information regarding the committee’s F ederal R egister. (d) Credit on convertible debt securi recommendation has been made avail ties. (1) A lender may extend credit for able to producers and handlers in the Signed at Washington, D.C., on the purpose specified in paragraph (c) production area, and (4) time required March 6, 1968. of this section on collateral consisting of for rule making procedure will result in H . D. G odfrey, any debt security convertible into a regis loss of seed potato sales in some areas * Executive Vice President, tered equity security or any debt security where noncertified seed potatoes are Commodity Credit Corporation. carrying a warrant or right to subscribe being planted. [F.R. Doc. 68-3054; Filed, Mar. 12, 1968; to or purchase such a registered equity 8:47 a.m.] security (such a convertible debt security Order, as amended. In § 948.356 (32 is sometimes referred to herein as a “con F.R. 12593), subparagraph (2) (ii) of [CCC Dryer Loan Program Regs., Amdt. 1] vertible security”) . paragraph (c) is hereby amended to read as follows: PART 1474— FARM STORAGE FACILITIES (4) 7n the event that any registered § 948.356 Limitation of shipments. stock is substituted for a convertible * * * * * Subpart— Dryer Loan Program security held as collateral for a credit ex (c) Special purpose shipments. * * * Regulations tended under this section, such registered (2) Other special purposes. * * * stock and any credit extended on it in (ii) The quality and maturity require T erms and Conditions of Loans compliance with this part shall there ments of paragraphs (a) and (b) of this The subpart of Part 1474 of Title 7 of upon be treated as subject to paragraph section shall not be applicable to the the Code of Federal Regulations pub (c) of this section and not to this para handling of potatoes for seed pursuant lished in the F ederal R egister of Janu graph and the credit extended under
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 RULES AND REGULATIONS 4453 this paragraph shall be reduced by an plan under which the exercise price does credit extended under § 220.4 (j) is avail amount equal to the maximum loan value not exceed 50 percent of the market able only for collateral consisting of of the security withdrawn. value of the stock subject to purchase, convertible debt securities. * * * * * valued as of the offering date thereof. 3. Section 220.3(c)(2) is amended as b. The purpose of the change in sub- 4c 4c 4» 4« * set forth below. The change is solely to paragraph (1) is to. clarify that the b. This change is to correct an unin conform the names of accounts through special loan value provided for credit tended omission of a reference to § 207.1 out the regulation. extended under such paragraph is avail (j), and to clarify that the section was 4. Section 220.3(d) (3) is revised as set able only for collateral consisting of con not intended to prevent the implementa forth below. The change is to clarify vertible debt securities, and that pre tion of certain contractual rights entered that short sales shall be executed in the ferred stocks, whether or not registered into prior to February 1, 1968. general account, including short sales on a national securities exchange which 4.a. Section 207.5(b)- is amended to of debt securities convertible into such are convertible into registered stocks read as follows: securities sold short. 5. Section 220.3(g) is amended as set have the same loan value as such regis § 207.5 Supplement. tered stocks. The purpose of the change forth below. The change is solely to con in subparagraph (4) is to resolve an 4« 4« 4c 4c 4c form the names of accounts through the ambiguity and eliminate surplusage. (b) Maximum loan value of convertiregulation. 2.a. Section 207.2(g) is amended to ble debt securities subject to section The affected portions of § 220.3 read as read as follows: 207.1(d). For the purpose of § 207.1, the follows: maximum loan value of any security § 220.3 General accounts. § 20772 D efinitions. against which credit is extended pursu ant to § 207.1(d) shall be 50 percent of (a) Contents of general account. All (g) The term “indirectly secured” in its current market value, as determined financial relations between a creditor cludes, except as provided in § 207.4(a) by any reasonable method. and a customer, whether recorded in one record or in more than one record, (3), any arrangement with the customer 4c 4c 4c 4c * under which the customer’s right or abil shall be included in and be deemed to be b. This change is solely to conform the parts of the customer’s general account ity to sell, pledge, or otherwise dispose of name of the type of loan throughout the registered equity securities owned by the with the creditor, except that the rela regulation. tions which § 220.4 permits to be in customer is in any way restricted so long The provisions of section 553 of Title as the credit remains outstanding, or cluded in any special account provided 5, United States Code, relating to notice for by that section may be included in under which the exercise of such right, and public participation and to deferred whether by written agreement or other the appropriate special account, and all effective dates, were not followed in con transactions in commodities, and, except wise, is cause for acceleration of the nection with these amendments. Since maturity of the credit: Provided, That to the extent provided in paragraph the amendments are designed to clarify (b) (2) of this section, all transactions in the foregoing shall not apply (1) if such other amendments that are to become restriction arises solely by virtue of an nonequity securities, exempted secu effective on March 11, 1968, such pro rities, and in other securities having no arrangement with the customer which cedures would result in delays that would pertains generally to the customer’s as loan value in a general account under be contrary to the public interest and the provisions of paragraph (c) of this sets unless a substantial part of such as serve no useful purpose. sets consists of registered equity securi section and § 220.8 (the Supplement to ties, or (2) if the lender in good faith has Dated at Washington, D.C., this 8th Regulation T) (except unissued secu not relied upon such securities as collat day of March 1968. rities, short sales and purchases to cover short sales, securities positions to offset eral in the extension or maintenance of By order of the Board of Governors. the particular credit: And provided fur short sales, and contracts involving as ther, That the foregoing shall not apply [seal] R obert P. F orrestal, endorsement or guarantee of any put, to stock held by the lender only in the Assistant Secretary. call, or other option), shall be included capacity of custodian, depositary or [F.R. Doc. 68-3141; Filed, Max. 12, 1968; in the appropriate special account trustee, or under similar circumstances, 8:50 a.m.] provided for by § 220.4. During any pe if the lender in good faith has not relied riod when such § 220.8 specifies that reg upon such securities as collateral in the istered equity securities shall have no extension or maintenance of the partic [Reg. T] loan value in a general account, any ular credit. PART 220— CREDIT BY BROKERS, transaction consisting of a purchase of b. The purpose of the change is to a security other than a purchase of a eliminate certain redundancies and to DEALERS, AND MEMBERS OF NA security to reduce or close out a short clarify that the paragraph does not ap TIONAL SECURITIES EXCHANGES position shall be effected in the special cash account provided for by § 220.4(c) ply to certain routine negative cove Miscellaneous Amendments nants in loan agreements. or in some other appropriate special ac 3.a. Section 207.4(a) (1) is amended By document appearing in the F ed count provided for by § 220.4. to read as follows: eral R egister of February 8, 1968 (33 (b) General rule. (1) A creditor shall F.R. 2695), the Board of Governors an not effect for or With any customer in a § 207.4 Miscellaneous provisions. nounced the adoption of amendments general account, special bond account (a) Stock option and employee stock to §§ 220.1 through 220.8 of Part 220, subject to § 220.4 (i), or special convert purchase plans. * * * effective March 11, 1968. By document ible debt security account (sometimes (1) Section 207.1 (c), (d), (f), (g), (h ),appearing in the F ederal R egister of referred to herein as “special convertible w , and (j) shall not apply (i) to any March 7, 1968 (33 F.R. 4249), the effec security account”) subject to § 220.4(j) such credit extended to finance the ex- tive date of § 220.7(f) was deferred to any transaction which, in combination ®rc‘se of such rights granted to any April 10, 1968. Certain technical amend with the other transactions effected in named officer or employee prior to Febru- ments have now been adopted by the such account on the same day, creates
FEDERAL REGISTER, VOL 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4454 RULES AND REGULATIONS loan value of the securities deposited if a security has maximum loan value b. This amendment is to conform the equals or exceeds the excess so created under paragraph (c) (1) of this section paragraph to the corresponding pro or the increase so caused. in a general account, a sale of the same vision of Part .207 (§ 207.4(e) of Regu ***** security (even though not the same lation G) and to clarify that the Board (c) Maximum loan value and current certificate) in such account shall be did not intend that the two sections deemed to be a long sale and shall not should have a different import. market value. * * * 7.a. Section 220.8 is amended to read (2) Except as otherwise provided in be deemed to be or treated as a short sale. this paragraph, the maximum loan value ***** as follows: of a security in a general account, spe 6.a. Section 220.4(j) (1), (2), and (4) § 220.8 Supplement. cial bond account subject to § 220.4(i), is amended to read as follows: (a) Maximum loan value for general or special convertible security account § 220.4 Special accounts. accounts. The maximum loan value of subject to § 220.4(j) shall be such maxi ***** securities in a general account subject mum loan value as the Board shall pre to § 220.3 shall be: scribe from time to time in § 220.8 (the (j) Special convertible debt security (1) Of a registered nonequity secu Supplement to Regulation T). No col account. (1) In a special convertible debt rity held in the account on March 11, lateral other than an exempted security security account a creditor may extend 1968, and continuously thereafter and or a registered nonequity security held credit on any registered equity security of a registered equity security (except in such account on March 11, 1968, and consisting of a debt security convertible as provided in § 220.3(c) and paragraphs continuously thereafter, or registered into stock or a debt security carrying a (b) and (c) of this section), 30 percent equity security shall have any loan value warrant or right to subscribe to or pur of the current market value of such in a general account except that a regis chase stock. securities. tered equity security eligible for a spe (2) A special convertible debt security (2) Of an exempted security held in cial convertible security account pur account shall be subject to the same con the account on March 11, 1968, and con suant to § 220.4 (j) shall have loan value ditions to which it would be subject if it tinuously thereafter the maximum loan in a general account only if held in the were a general account except that the value of the security, as determined by account on March 11, 1968, and con maximum loan value of the securities in the creditor in good faith. tinuously thereafter. the account shall be as prescribed from (b) Maximum loan value for a special ***** time to time in § 220.8 (the Supplement bond account. The maximum loan value to Regulation T ). of an exempt security and of a registered (d) Adjusted debit balance. * * * ***** (3) The current market value of any nonequity security pursuant to § 220.4(1) securities (other than unissued securi (4) In the event any stock is to be subshall be the maximum loan value of the ties) sold short in the general account stituted for a security held in this ac security as determined by the creditor plus, for each such security (other than count, or if a security held in this ac in good faith. an exempted security), such amount as count is to be used to offset a short sale (c) Maximum loan value for special the Board shall prescribe from time to in the general account, such security convertible debt security account. The time in § 220.8 (the Supplement to Regu shall thereupon be transferred to the maximum loan value of a registered lation T) as the margin required for such customer’s general account against a de equity security eligible for a special con short sales, except that such amount so posit of cash or registered equity securi vertible security account pursuant to prescribed in such § 220.8 need not be ties eligible for an extension of credit in § 220.4(j) shall be 50 percent of the cur included when there are held in the this account (counted at their maximum rent market value of the security. general account the same securities or loan value) equal to at least the maxi (d) Margin required for short sales. securities exchangeable or convertible mum loan value of the security for which The amount to be included in the ad within 90 calendar days, without restric such substitution is made, without re justed debit balance of a general ac tion other than the payment of money, gard to the retention requirement of count, pursuant to § 220.3(d) (3), as into such securities sold short; § 220.3(b) (2). margin required for short sales of ***** securities (other than exempt securities) b. The change in subparagraph (1) shall be 70 percent of the current market (g) Transactions on given day. For the is to clarify that the special loan value value of each such security. purposes of paragraph (b) of this sec provided for credit extended under (e) Retention requirement. In the tion, the question of whether or not an § 220.4 (j) is available only for collateral case of an account which would have an excess of the adjusted debit balance of consisting of convertible debt securities. excess of the adjusted debit balance of a general account, special bond account The change in subparagraph (2) is solely the account over the maximum loan subject to § 220.4 (i), or special convert to conform the names of accounts value of the securities in the account ible security account subject to § 220.4 throughout the regulation. The change following a withdrawal of cash or securi (j) over the maximum loan value of the in subparagraph (4) is to clarify that a ties from the account, pursuant to securities in such account is created or customer may apply the loan value re leased to him when he deposits into the § 220.3(b) (2), increased on a given day shall be deter (1) The “retention requirement” of mined on the basis of all the trans margin account stock received on con version of a convertible bond against the an exempted security held in the general actions in the account on such day ex account on March 11, 1968, and con clusive of any deposit of cash, deposit of retention requirement imposed under this section. tinuously thereafter shall be equal to securities, covering transaction or other its maximum loan value as determined liquidation that has been effected on 6.a. Section 220.6 (k) is amended to read as follows: by the creditor in good faith, and the such day, pursuant to the requirement “retention requirement” of a regis of paragraph (b) or (e) of this sèction, § 220.6 Certain technical details. in connection with a transaction on a tered nonequity security held in such * * * * * account on March 11, 1968, and continu previous day. In any case in which an ously thereafter and of a registered excess so created, or increase so caused, (k) Innocent mistakes. If any failure to comply with this part results from a equity security shall be 70 percent of by transactions on a given day does not the current market value of the security. exceed $100, the creditor need not obtain mechanical mistake made in good faith the deposit specified therefor in para in executing a transaction, recording, (2) In the case of a special bond ac graph (b) (1) of this section. Any trans determining, or calculating any loan, count subject to § 220.4(i), the retention action which serves to meet the require balance, market price or loan value, or requirement of an exempted security ments of paragraph (e) of this section other similar mechanical mistake, the and of a registered nonequity security creditor shall not be deemed guilty of a shall be equal to the maximum loan or otherwise serves to permit any offset violation of this part if promptly after value of the security. ting transaction in an account shall, to the discovery of such mistake he takes (3) In the case of a'special converti that extent, be unavailable to permit any whatever action may be practicable in ble security account subject to § 220.4(j) other transaction in such account. For the circumstances to remedy. such which would have an excess of the ad the purposes of this part (Regulation T ), mistake. justed debit balance of the account over
FEDERAL REGISTER, VOL. 33,. NO. 50— WEDNESDAY, MARCH 13, 1968 RULES AND REGULATIONS 4455 the maximum loan value of the securities § 221.3(a), would otherwise have to be the extension or maintenance of the in thé account following a withdrawal of furnished. particular credit: And provided further, cash or securities from the account, the 2. Section 221.3(c) is amended as set That the foregoing shall not apply to retention requirement of a security hav forth below. The purpose of the change stock held by the bank only in the ca ing loan value in the account shall be is to eliminate certain redundancies and pacity of custodian, depositary, or 70 percent of the current market value to clarify that the section does not apply trustee, or under similar circumstances, of the security. to certain routine negative covenants in if the* bank in good faith has not relied , (4) For the purpose of effecting a loan agreements. upon such stock as collateral in the ex transfer from a general account to a 3. Section 221.3(t) (1) and (4) are tension or maintenance of the particular special convertible security account sub amended as set forth below. The purpose credit. ject to § 220.4 (j), the retention require of the change in subparagraph (1) is to * * * * * ment of a security described in § 220.4(j) clarify that the special loan value pro (t) Credit on convertible debt securi shall be 70 percent of its current vided for credit extended under this ties. (1) A bank may extend credit for market value. paragraph is available only for collateral the purpose specified in § 221.1 on col (f) Securities having no loan value inconsisting of convertible debt securities, lateral consisting of 'any debt security general account. No securities other than and that preferred stocks, whether or not convertible into a stock registered on a an exempted security or a registered registered on a national securities ex national securities exchange or any debt nonequity security held in the account change, which are convertible into security carrying a warrant or right to on March 11, 1968, and continuously registered stocks, have the same loan subscribe to or purchase a stock so thereafter, and a registered equity secu value as such registered stocks. The pur registered (such a debt security is some rity shall have any loan value in a general pose of the change in subparagraph (4) times referred to herein as a “converti account except that a registered equity is to eliminate surplusage. ble security”) . security eligible for the special- con vertible security account pursuant to § 221.3 Miscellaneous provisions. * * * * * §220.4(j) shall have loan value only if (a) Required statement as to stock- (4) In the event that any stock is sub held in the account on March 11, 1968, secured loan. In connection with an ex stituted for a convertible security held as and continuously thereafter. tension of credit secured directly or in collateral for a credit extended under this paragraph, the stock and any credit b. The changes are the addition of new directly by any stock, the bank shall obtain and retain in its records for at extended on it in compliance with this paragraphs (b) and (e) (2) in order to part shall thereupon be treated as subject implement the provisions of § 220.4(i), least 6 years after such credit is extin guished a statement in conformity with to § 221.1 and the credit extended under and certain clarifying changes in this paragraph shall be reduced by an paragraph (e)(1). the requirements of Federal Reserve Form U -l executed by the recipient of amount equal to the maximum loan value The provisions of section 553 of Title such extension of credit (sometimes re of the security withdrawn. 5, United States Code, relating to notice ferred to as the “customer”) and exe * * * * * and public participation and to deferred effective dates, were not followed in con cuted and accepted in good faith by a 4. Section 221.4 (b) and (c) is amended nection with these amendments. Since duly authorized officer of the bank prior as set forth below. The changes are the amendments are designed to clarify to such extension: Provided, That this solely to conform the name of the type requirement shall not apply to any credit of loan throughout the regulation. other amendments that are to become described in paragraph (o) of this sec effective on March 11, 1968, such pro tion or § 221.2 except for credit de § 2 2 1 .4 Supplem ent. cedures would result in delays that would scribed in §221.2 (f), (g) and (h) * * * * * be contrary to the public interest and extended to persons who are not brokers (b) Maximum loan value of convert serve no useful purpose. or dealers subject to Part .220 of this ible debt securities subject to § 221.3(t). Dated at Washington, D.C., this 8th chapter (Regulation T ). In determining For the purpose of § 221.3 (t), the maxi day of March 1968. whether or not an extension of credit is mum loan value of any security against which credit is extended pursuant to By order of the Board of Governors. for the purpose specified in § 221.1 or for any of the purposes specified in § 221.3 (t) shall be 50 percent of its cur [seal] R obert P. F orrestal, § 221.2, the bank may rely on thè state rent market value, as determined by any Assistant Secretary. ment executed by the customer if ac reasonable method. [F.R. Doc. 68-3140; Filed, Mar. 12, 1968; cepted in good faith. To accept the (c) Retention requirement. For the 8:50 a.m.] customer’s statement in good faith, the purpose of § 221.1, in the case of a loan officer must (1) be alert to the circum which would exceed the maximum loan stances surrounding the credit and (2) value of the collateral following a with [Reg. U] if he has any information which would drawal of collateral, the “retention re PART 221— CREDIT BY BANKS FOR cause a prudent man not to accept the quirement” of a stock, whether or not registered on a national securities ex THE PURPOSE OF PURCHASING OR statement without inquiry, have investi gated and be satisfied that the cus change, and of a convertible debt security CARRYING REGISTERED STOCKS tomer’s statement is truthful. subject to § 221.3 (t), shall be 70 percent Miscellaneous Amendment's of its current market value, as deter mined by any reasonable method. By document appearing in the F edeb (c) Indirectly secured. The term “in The provisions of section 553 of Title Register of February 8, 1968 (33 F. directly secured” includes any arrange 5, United States Code, relating to notice 2702), the Board of Governors a ment with the customer under which and public participation and to deferred ? ® ce(5 the adoption of amendments the customer’s right or ability to sell, effective dates, were not followed in con Ss 221.1 through 221.4 of Part 221, effe pledge, or otherwise dispose of stock nection .with these amendments. Since ive March 11, 1968. By document a owned by the customer is in any way re the amendments are designed to clarify P®ari^£ in the F ederal R egister stricted so long as the credit remains other amendments that are to become March 7, 1968 (33 F.R. 4249), the’effe outstanding, or under which the exercise effective on March 11, 1968, such pro " f t * of § 221.3 (u) was deferred of such right, whether by written agree cedures would result in delays that would April 10, 1968. Certain technical amen ment or otherwise, is cause for accelera be contrary to the public interest and ments have now been adopted by t tion of the maturity of the credit: Pro serve no useful purpose. "°ard, all effective March 11,1968. The vided, That the foregoing shall not mendments and the reasons theref apply (1) if such restriction arises solely Dated at Washington, D.C., this 8th are as follows: by virtue of an arrangement with the day of March 1968. fnr+v,^kCi^on 221.3(a) is amended as i customer which pertains generally to By order of the Board of Governors. orth below. The purpose of this chan the customer’s assets unless a substan [ seal] R obert P. F orrestal, «row e^lmmate certain administrât] tial part of such assets consists of stock, Assistant Secretary. ems created by the form in whi or (2) if the bank in good faith has not [F.R. Doc. 68-3142; Filed, Mar. 12, 1968; purpose statement, pursuant relied upon such stock as collateral in 8:50 a.m.] No. 50----- 2 FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4456 RULES AND REGULATIONS tentatively concluded that in interstate dreds of letters from private persons Title 14— AERONAUTICS AND and overseas air transportation, it would were received, the great majority of be appropriate to implement these deter which support the proposed rule. SPACE minations by the exercise of its rate reg Thus, interested persons have been ulatory authority. The rules proposed in afforded an opportunity to participate Chapter 11—Civil Aeronautics Board the subject notice of rule making were in the making of these rules and related intended to accomplish that objective. policy statements (Part 399), and due SUBCHAPTER A— ECONOMIC REGULATIONS In response to the notice, comments consideration has been given to all rele [Beg. ER-529, Arndt. 7] were received from certain U.S. air car vant matter presented. With respect to FART 221— CONSTRUCTION, PUBLI riers and three comments were sub visual in-flight entertainment and in mitted by suppliers of in-flight visual flight service of alcoholic beverages, we CATION, FILING AND POSTING OF entertainment equipment, services or shall adopt the rules as proposed except TARIFFS OF AIR CARRIERS AND films.4 Also, letters were received from a that, with respect to service of alcoholic FOREIGN AIR CARRIERS number of individuals. beverages, we shall (1) restrict the ap Subsequently, the Board ordered5 U.S. plicability of this rule to interstate air Visual In-Flight Entertainment and In- air carrier members of International Air transportation within the 48 contiguous Flight Service of Alcoholic Bever Transport Association (IATA) and In States; (2) exempt from the rule pas ages 1 flight to file experience data with respect sengers in interstate air transportation Adopted by the Civil Aeronautics to in-flight entertainment in foreign air within the 48 contiguous States who are Board at its office in Washington, D.C., transportation and stated that such data traveling on domestic legs of through 6th day of March 1968. would be considered in this rule making flights having an origin or destination In a notice of proposed rule making proceeding. And in a supplemental notice at a foreign point; and (3) permit the published in the F ederal R egister on in this proceeding, the Board provided in-flight service without charge of wine March 15, 1967 (32 F.R. 4076), and for the filing of comments with respect or beer as an accompaniment to a meal circulated to the industry as to such data and replies to comments in all classes of service. We are also EDR-112/PSDR-17 dated March 9,1967, that are filed. In the IATA proceeding, making certain changes in the related the Board indicated that it had under data with respect to in-flight entertain proposed policy statements. As to visual consideration amendments to Part 221 ment were filed by two U.S. air carriers in-flight entertainment, we shall delete of the Board’s Economic Regulations (14 (Pan American and TWA), by one for all reference to a specified minimum CFR Part 221) and Part 399 of its State eign air carrier6 (Olympic Airways) and charge for such entertainment, thereby ments of General Policy (14 CFR Part by Inflight. Inflight alone filed a com leaving, at least for the present, the 399), to require that carriers offering ment with respect to such data; no reply matter of the amount of the charge to visual in-flight entertainment in inter comments were filed. carrier management discretion. With state and overseas air transportation In the supplemental notice referred to respect to in-flight service of alcoholic make provision therefor in their tariffs. above, the Board also included in the beverages, we shall provide in the cor In addition, the amendments stated the rule making proceeding the related issue responding policy statement an exemp tentative policy of the Board that car of whether tariffs of U.S. air carriers tion based upon a showing that competi- riers establish charges to passengers should be required to contain data with tibn in foreign air transportation by an utilizing such service appropriate to the respect to in-flight service of alcoholic air carrier or a foreign air carrier re cost and value of the service provided, beverages to passengers in any or all quires that the petitioning air carrier and that, in the absence of a contrary classes of service in interstate or overseas have authority to provide in-flight serv showing, a tariff providing for a charge air transportation, in addition, the Board ice of alcoholic beverages without charge of less than $2 for visual entertainment proposed a policy statement that, in con or at lesser charge than that set forth which includes a full length feature mo sidering the lawfulness of tariff rules in its tariffs. In all other respects, the tion picture would be considered unjust pertaining to such in-flight service of policy statements with respect to both and unreasonable and would be sus alcoholic beverages in interstate and types of ancillary service are adopted as pended and investigated. overseas air transportation, the Board proposed. Therefore, except as modified Simultaneously with the above notice, would require that each passenger who herein, the tentative findings and con the Board deferred action on Agreement receives such in-flight service shall be clusions set forth in Order E-24839, CAB 18922 (Docket 16503) pending final assessed a charge therefor which shall dated March 9, 1967, and EDR-112/ determination of this rule making pro be reasonably related to the cost and PSDR-17 and EDR-112A/PSDR-17A, ceeding.* The agreement in effect pro value of the service in all classes of dated March 9, 1967, and June 15,1967, vided that the parties thereto would service. respectively, are incorporated herein by charge each passenger being furnished With respect to in-flight service of reference and finalized. visual in-flight entertainment the sum alcoholic beverages, comments have 1. Visual in-flight entertainment. As of $2 in all classes of service within the been received from a number of air noted above, three companies supplying continental United States.8 For the rea carriers and from a public entity.7 Hun- in-flight visual entertainment equip sons stated in that order, the Board ment, services or films have filed com concluded that the public interest re 4 Independent Film Importers & Distribu ments opposing the proposed rule. Of quired that a charge, appropriate to the tors of America, Inc.; Inflight Motion Pic these comments, those of Inflight arethe cost and value of service, should be as tures, Inc. (Inflight); Motion Picture Asso most extensive and certain points raised ciation of America, Inc. Inflight also filed a by Inflight will be discussed hereafter. sessed passengers participating in visual .motion under Rule 4(f) for permission to in-flight entertainment furnished by file an unauthorized document, namely, reply Inflight contends that the proposal carriers, and that, based upon the comments. The motion is granted and the would discriminate against passengers costs presented in that proceeding, a reply comments have been considered in who avail themselves of visual in-flight charge of less than $2 for a full length this proceeding. entertainment and would in effect raise feature motion picture would not be B Order E-25153, dated May 16, 1967. This their fares. reasonable. However, the Board also proceeding (Docket 17828) was titled “Agree There is no such discrimination. The ment adopted by the Traffic Conferences of the International Air Transport Association charge is equitably levied on those who 1 By PS-34, issued contemporaneously here relating to Inflight Entertainment.” It per use a special service not generally used with, the Board is adopting policy state tains to an IATA agreement relating to visual by passengers and they will be required ments with respect to visual in-flight enter in-flight entertainment under which the to bear a greater share of the costs— tainment and in-flight service of alcoholic carriers would impose a $2.50 charge for such although not all the costs of the service— beverage. entertainment with worldwide application. than those who cannot or do not use it. B a Order E-24839, dated Mar. 9, 1967. 6 In order E-25153, supra, the Board invited there is any case to be made with respect *By Order E-26478, issued simultaneously foreign air carrier members of IATA also to herewith, the Board is terminating Docket file data with respect to their in-flight enter to discrimination, it lies in the present 16503 which relates to the application for tainment experience. system wherein passengers in general Board approval of Agreement CAB 18922. 7 Port of Bellingham, Bellingham, Wash. bear the cost of a service used by only a
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 12, 1968 RULES AND REGULATIONS 4457 relatively few passengers. The costs of available on only 33 schedules. While E-26479, Inflight’s submissions that providing this service are by no means passengers on 922 schedules were paying lower charges would produce more reve inconsequential and, in the long run, for food available on 679 schedules, and nues are unrealistic and speculative. will be recovered from the general fare- passengers on 243 flights received no Moreover, since, as there stated, respon payer unless the direct user pays for food service, the great preponderance of siveness to the service may well be in them. These costs, if not covered by an the latter flights involved short hauls in fluenced by considerations other than appropriate charge to the user, add to which fares are relatively low. Thus, by price, Inflight’s claims as to greater pas the need for fare increases or delay fare and large the passengers who use food senger resistance to a $2 fare are specu reductions. Moreover, in view of the service are bearing the brunt of the costs lative. Further, the data submitted fail to frequently expressed industry concern of the service. This is far from being the establish that Inflight is being adversely regarding rising costs and resulting pres case with the present system of in-flight affected by the $2.50 charge.11 It follows sure on profits, it is particularly impor entertainment. As to the suggestion that that these data, to the extent relevant to tant that the costs of the movie as well there is “unwarranted discrimination” to this proceeding, do not show that a $2 as the liquor services, which are separate levy a special charge for the one and not charge in interstate or overseas air trans and apart from basic transportation and the other, there is obviously a vast differ portation is excessive or unreasonable used, at least with respect to movies, by ence between offering a passenger a or adverse to the public interest. comparatively few passengers, be covered choice of paying for entertainment or Nevertheless, we have decided to de to the greatest extent possible by user foregoing it and offering him a choice of lete from the Policy Statement any charges. paying a fixed extra charge for a meal specification of a minimum charge, and Inflight also contends that the pro or going hungry. instead require only that the carriers posed rule would “discriminate” against In addition, Inflight contends that the make a reasonable charge for such visual in-flight motion pictures, since proposal would tend to eliminate a entertainment in all classes of service. there is no special charge for flight audio “significant competitive factor.” We do This is the approach we are adopting in entertainment or food. However, the cost not believe that requiring the carriers the rule with respect to in-flight service of audio entertainment is but a small to impose a charge for visual in-flight of alcoholic beverages. It will give the fraction of the cost of movies,8 and ob entertainment will eliminate the com carriers greater latitude to fix the charge viously justifies separate treatment of petitive factor. The carriers will still for visual in-flight entertainment at a the two systems. have an incentive to provide in-flight level, consistent with cost factors, which While Inflight points out that total movies. In fact, the experience with re they believe would maximize revenues. food service costs for TWA and United spect to the charge for movies by the However, based on the information cur in the continental United States are sub IATA carriers indicates that the imposi rently available, the Board expects to stantially higher than the total costs of tion of a fee does not dampen the in use the proposed $2 charge as a bench in-flight entertainment, the two services centive of carriers to expand the service, mark in testing the reasonableness of are completely different in kind and promote it and compete with other car tariffs filed when the rule becomes character. Carriers have no choice, as a riers with respect to it.10 effective. Should serious problems de practical matter, except to provide food Inflight also contends that the pro velop concerning the level of the domestic service at meal times.9 There is no simi posed minimum charge of $2 for visual charge for motion pictures, we expect to lar exigency to show movies. Moreover, in-flight entertainment in interstate and resolve these problems through the usual all flights in transit at meal times offer overseas air transportation is too high. rate-making machinery.12 food service to passengers, whereas only It asserts that a charge in the area of $1 Moreover, we expect the carriers to ac a few flights offer in-flight entertain will maximize the carriers’ revenues, cumulate data on visual in-flight enter ment, and the consequence is that the basing its argument on the data filed with tainment in interstate and overseas air number of passengers offered and using respect to the $2.50 charge for visual in transportation for the Board’s regulatory food service is incomparably higher than flight services of IATA carriers. Inflight needs of the future. The records of each the number of passengers offered and also contends that passenger resistance carrier offering such service should con using in-flight entertainment. As an il to a $2 charge on domestic flights will tain information, computed on a monthly lustration, the quick reference schedules be greater than to the $2.50 charge, since basis, as to the number of flights on of American published in the April 1967 the former would represent a sub-„ which such entertainment was provided Official Airline Guide show that of 922 stantially higher percentage of the fare since a charge was imposed, the amount schedules, 33 offered video, 679 offered than is the case with the $2.50 charge. food service, and 243 provided no food The data filed with respect to the of the charge, together with the number service. Thus, passengers on 922 sched $2.50 charge by IATA carriers have been of seats, passengers, and viewers/listen- ules were bearing the burden of the costs given due consideration in this proceed ers on the flights separately for first and of an in-flight entertainment service ing. However, as set forth in Order one carrier no longer providing service via the Atlantic canceled its contract, three 1 Comparative carrier estimates are as follows: more carriers contracted with Inflight for its services, and that its revenues were increased Cost per seat Cost per passenger Cost per user by 47 percent.” Carrier 11 See Footnote 10, supra, p. 9. 12 It is noted that Mohawk requests that Movies Stereo Movies Stereo Movies Stereo the proposed amendment to Part 399 (policy statement) contain a proviso that where American: Sony system...... the visual entertainment is of shorter dura CEC system__ ... $1.87 $0.09 $4.24 $0.20 $8.48 $0.25 tion than a full length feature picture such TWA_ 1.63 3.70 7.40 as short subject movies, the Board may ap United. 1.30 .04 3.00 .09 3.50 .10 1.41 .13 2.37 .24 2.87 .28 prove a tariff providing for a charge of less ------than $2. This provision is not necessary be cause we are not specifying a minimum entertnirvmoSl3? ^m odification costs to prevent stereo headsets from being used for the audio portion of visual tainment. In the case of American, it estimates this cost will be approximately $1,000 to $2,000 per aircraft.) charge for visual in-flight entertainment. Moreover, we stated in Order E-24839, supra, there is no necessity to provide 10 In Board Order E-26479, issued contem when we were proposing a $2 m in im u m nao^ I <^nners free cocktails or cham- poraneously herewith, dealing with the IATA charge for a full length feature motion pic sen
FEDERAL REGISTER, VOL 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4458 RULES AND REGULATIONS economy-class services; and comparable for the other. Thus, it is claimed, the two ance the different classes of service on a data for the same months of the pre services differ widely in required invest system basis. ceding year.1* ment, contractual commitment and ex On balance, we are not convinced that 2. In-flight service of alcoholic beverpense with the entertainment service im an exemption should be provided for ages. We affirm our tentative finding, set posing a far greater burden on the car service of alcoholic beverages without forth in the proposed rule, that the basis riers. It is also asserted that whereas charge in first-class service. To begin for the rule relating to in-flight service the in-flight entertainment charge was with, there is no basis to conclude that of alcoholic beverages is the same as that the subject of an industry agreement of first-class fares are more likely to cover for in-flight entertainment. These rea the domestic carriers and arose against the costs of liquor service than coach sons are fully set forth in an opinion and a background of various problems, there fares are. Indeed, the reverse is probably order of the BoardM issued contempo is no industry-wide agreement18 nor sig true. Thus, we can see no inequity in re raneously with the institution of the rulé nificant difficulties in the case of in-flight quiring the first-class passenger to pay, making proceeding relating to in-flight service of alcoholic beverages. as does the coach passenger, an addi entertainment and need not be repeated We are not persuaded by these conten tional price for the service of alcoholic here. In summary, they are that the serv tions to withdraw the proposed rule nor beverage over and above the price he ice of alcoholic beverages is ancillary, to to modify it except as hereinafter pays for the basic transportation serv and severable from the transportation provided. As stated above, we find that ice,18 function of the carriers which is primary, the rules for in-flight entertainment and The carriers’ remaining arguments for and the cost of providing such ancillary in-flight service of alcoholic beverages an exemption for first-class service may service should be borne, to the maxi are related and are supported by the be summarized by the contention that mum extent possible, by the passengers same rationale. Both types of in-flight the rule as proposed would divert pas who benefit from and utilize such serv services are ancillary to, severable from, sengers from first-class to coach-class ice. In this way, the user passengers and not an essential part of the transpor service. However, this argument is based would be required to pay a reasonable tation function, and the cost of provid largely upon speculation. We have no charge for such ancillary service, which ing such service should, to the maximum reason to believe that passengers who should minimize the impact that the extent possible, be borne by the passen would pay the extra price for first-class costs of such service may have on the gers who utilize the service. Otherwise, service which amounts to $15 in the basic fare structure of the carriers. the non-users must bear a proportionate transcontinental markets would abandon The carriers opposing, .the proposed share of the costs of such nonessential it for coach service solely because of the rule15 assert principally that (1) the services, as is the situation at the present small additional charge imposed for the proposals are not needed; (2) they repre time with respect to in-flight entertain in-flight service of alcoholic beverages. sent an unwarranted invasion of an area ment in all classes of service and the A number of carriers maintain that historically reserved to management dis service of alcoholic beverages in first- competition from UJS. flag carriers and cretion; (3) they pertain to matters class service.17 foreign airlines requires some modifica which have little public interest and It is contended that the rule will have tion of the rule. Some carriers would there are many other areas in which a harmful effect upon the viability of have the Board delete “overseas air the Board’s time, attention and man first-class service. One carrier asks that, transportation” from the rule so that it power could more profitably be devoted if the Board adopts the rule, an exception would apply only to interstate air trans to consider actions needed in the public be made for first-class service. Some car portation. Other carriers request the interest; (4) the cost of providing free riers assert that their first-class service Board to exclude “interstate” markets alcoholic beverages is so minimal in re is a “prime product,” that it is necessary in which domestic carriers compete di lation to the overall fare structure, that to serve a certain segment of the public, rectly with foreign air carriers, e.g., the requirement that users pay for this that the fares charged therefor are in U.S. mainland-Hawaii traffic. Still other service would have no appreciable effect excess of those applicable to other classes carriers assert the competitive aspects of upon the fare structure and would not of service, and that first-class fares pay the rule in domestic and overseas service result in a reduction of fares. It is also their own way and do not burden other as one reason for opposing the rule. It is maintained that in-flight entertainment segments of the traveling public. It is also maintained that administrative and in-flight service of alcoholic bever also claimed that the cost of alcoholic problems would result under the pro ages are not comparable, that the serv beverages does not significantly differ posed rule in that some air carriers ices are very unlike and the rule appli from the costs of serving nonalcoholic would be required to impose a charge on cable to one is not the appropriate rule beverages, and that to collect from first- certain passengers (where the service is class passengers for service of alcoholic provided in interstate or overseas air beverages would downgrade the service transportation) while at the same time 13 In-flight makes an argument based upon and on the same aircraft they provide alleged Board policy that expenses relating in the eyes of the public. And it is further to visual in-flight entertainment ^should not contended that on long as compared to the same service without charge to other be included as costs for rate-making pur short flights, the fare differential in passengers (where the service is in poses. The fact of the matter is that the creases and the demand for first-class foreign air transportation). Board has no such policy. A letter from the service declines and, since service of alco The competitive aspects which could Board’s Bureau of Economics, upon which holic beverages without charge increases result from the proposed rule are so far- In-flight relies, merely reflects the fact that the demand for first-class service, the reaching as to warrant our restricting the Board has never had a Tate-making pro ceeding which raised the issue as to the prop authorization to provide such in-flight the scope of the rule. Thus, we shall con er method of treating carrier expenses relat service without charge tends to help bal- fine its applicability to in-flight service ing to visual in-flight, entertainment. In of alcoholic beverages to passengers in that context the letter states that “from a 18 An agreement with respect to certain interstate air'transportation within the rate making standpoint the Board has not aspects of in-flight service of alcoholic bever 48 contiguous States. In addition, we heretofore included the carriers cost for in ages between points within the Continental shall exclude from the operation of the flight entertainment as one of the expenses United States, signed by seven US. air car to be considered in determining the lawful riers, was filed with the Board on Nov. 14, level of fares to be charged for air trans 1966 (Agreement CAB 19250). The agree 18 We note in passing that even if in par* portation.” ment provides for a mandatory charge only ticular cases the effect of requiring carriers Agreement adopted by certain members in classes of service other than first-class to impose a charge for service of alcoholic of ATA relating to a charge for in-flight en with an optional charge in first-class service. beverages would increase the first-class fare tertainment, Docket 16503, Order E-24839, Board approval was requested and the matter to an unreasonable amount, the proper solu March 9, 1967. is still pending Board action. tion would not be to make an passengers pay '* Allegheny, Braniff, Continental, National, » The carriers today usually charge for for such ancillary service. Rather, it woul Northwest, Pah American, TCA, and TWA. in-flight service of alcoholic beverages in the be for the carrier to make some adjustmen American, Frontier, Delta, United, and lowest class of service. In club coach or de in basic fares. However, nothing presented ® Western support, or do not oppose the rule, luxe tourist class service (intermediate us here indicates that finalization of tn although all but Frontier suggest modifica classes of service), some carriers charge rule would result in first-class fares being tions; while others do not. increased to ah unreasonable amount.
FEDERAL REGISTER, VOL 33, NO. 50— WEDNESDAY, MARCH 13, 196« RULES AND REGULATIONS 4459 rule all passengers in interstate air trans service should they wish to do so. The type and amount of service provided, the portation within the 48 contiguous States question as to whether to permit free charges therefor, and any other terms, who are on flights having an origin or service of beer or wine with a meal is a conditions or limitations pertaining to destination at a foreign point. This latter close one; however, on balance we be such service: Provided, however, That exemption is needed because, in its ab lieve this limited exemption should be this rule shall not apply to passengers in sence, a carrier which transports on the allowed. To require carriers to charge for interstate air transportation within the same flight passengers who are traveling beer or wine when served with a meal 48 contiguous states who are on through in interstate air transportation within might cause substantial inconvenience flights having an origin or destination the 48 contiguous States and those who and disturbance to passengers, especially outside the United States: And provided are not, would be faced with two choices, on short hops when the time that the air further, That nothing herein shall pre neither of which would be satisfactory: craft is aloft is barely enough to cover vent the in-flight service without charge it could charge all passengers for liquor the period required for service of a meal. of wine or beer as an accompaniment to a service and thereby run the risk of losing Moreover, a substantial portion of the meal in all classes of service in interstate passengers in overseas or foreign air traveling public view the service of wine air transportation within the 48 con transportation or in interstate air trans or beer as complementary to and an tiguous states. portation outside the 48 contiguous integral part of meal service.20 ***** States to other carriers which provide Accordingly, the Civil Aeronautics (Sec. 204(a), 72 Stat. 743, 49 U.S.C. 1324. free liquor service; or it could charge Board hereby amends Part 221 of its Interpret or apply secs. 403, 404, 1002, Federal passengers who are traveling in inter Economic Regulations (14 CFR Part Aviation Act, 72 Stat. 758, 760, 788, 49 U.S.C. state air transportation within the 48 221), effective April 6, 1968,21 as follows: 1373, 1374, 1482; sec. 3, Administrative Pro contiguous States for liquor service and Amend § 221.38 by adding new sub- cedure Act, 81 Stat. 54, 5 U.S.C. 552) provide such service without charge to paragraphs (8) and (9) to paragraph (a) By the Civil Aeronautics Board.22 all other passengers, thereby incurring thereof, which subparagraphs will read the ill will of those passengers who are as follows: [seal] H arold R . S anderson, being charged for such service. There . Secretary. fore, to prevent the carriers from being § 221.38 Rules and regulations. [F.R. Doc. 68-3080; Filed, Mar. 12, 1968; faced with such a dilemma, we shall pro (a) Contents. Except as otherwise pro 8:49 a.m.] vide this exemption which will enable vided in this part, the rules and regula an air carrier to provide free liquor to tions of each tariff shall contain: all passengers on flights which have an * * * * * SUBCHAPTER F— POLICY STATEMENTS origin or destination at a foreign point. [Policy Statement PS-34, Arndt. 13] We are also cognizant of the fact that, (8) For individually ticketed passenger even with the above exemptions, there service in interstate or overseas air PART 399— STATEMENTS OF may still arise certain situations which transportation, in which any form of GENERAL POLICY might warrant further relaxation of the visual or visual/audio in-flight enter rule because of competitive service in tainment is provided, the nature of such Visual In-Flight Entertainment and foreign air tra n sp o rta tio n provided entertainment (full length feature mo In-Flight Service of Alcoholic Bev either by other air carriers or by foreign tion pictures; short subject motion erages pictures; slide projection, etc.), the air carriers. Accordingly, the policy state Adopted by the Civil Aeronautics ment (PS-34 issued simultaneously here charges to passengers who utilize such service, or if no charge a statement to Board at its office in Washington, D.C., with) will permit affected carriers to 6th day of March 1968. make a showing that competitive service that effect, and any terms, conditions or in foreipi air transportation provided by limitations pertaining to the furnishing In a notice of proposed rule making other air carriers or by foreign air car of such entertainment. published in the F ederal R egister on riers warrants permission to provide in (9) For individually ticketed passenger March 15, 1967 (32 F.R. 4076) and flight service of alcoholic beverages with service in interstate air transportation circulated to the industry as EDR-112/ out charge or at a lesser charge than that within the 48 contiguous states, in which PSDR-17, dated March 9,1967, the Board set forth in the carrier’s tariff. in-flight service of alcoholic beverages is indicated that it had under consideration provided, the nature of such service, the amendments to Part 221 of the Board’s A number of carriers ask that an ex Economic Regulations (14 CFR Part 221) ception from the rule be made so as to and Part 399 of its Statements of General permit them to provide without charge “ Pan American maintains that the pro Policy (14 CFR Part 399), to require air in-flight service of alcoholic beverages posed rule is beyond the Board’s legal powers. carriers offering visual in-flight enter with a meal.19 Some carriers now serve It asserts that section 204(a) of the Act em tainment in interstate and overseas air .without charge wine and beer as part of powers the Board to make regulations con sistent with the Act; that section 403(a) transportation to make provision there an(* wis*1 to continue to do so. requires both air carriers and foreign air for in their tariffs. In addition, the Board Others want to be able to also serve carriers to file and publish, to the extent stated as tentative policy that air car liqueurs, champagne or other alcoholic required by the Board’s regulations, all “* * * riers would be required to establish beverages with a meal without charge, rules * * * in connection with air transporta charges to passengers utilizing such serv it is argued that to assess a charge for tion;” that the Board in the proposed rule ice appropriate to the cost and value of wine or beer served with a meal might stated that the “* * * service of alcoholic be regarded as a meal service charge and beverages is ancillary to and severable from the service provided, and that, in the the transportation function of the carriers;” absence of a contrary showing, a tariff “ie inconvenience and disturbance providing for a charge of less than $2 for caused by collecting a charge could ad and that, therefore, rules pertaining to such in-flight service are not rules “in connection visual entertainment which includes a versely affect the quality of the service with air transportation.” Pan American then full length feature motion picture would Provided. Another reason given for the alludes to the Board’s “long held” position be considered unjust and unreasonable requested exception is to preserve man that tariff provisions which are not required and would be suspended and investigated. agerial flexibility with respect to the by the Act are not proper tariff material. The basic character of the meal served. In a supplemental notice, the Board in short answer to this contention is that even cluded in the proceeding the related issue srant a limited exception though the in-flight service of alcoholic beverages is severable from the transporta of whether tariffs of U.S. air carriers irom the rule so as to permit the in-flight tion function of the carriers, it clearly is should be required to contain data with service without charge of wine or beer included within the term “services in con respect to in-flight service of alcoholic only as an accompaniment to a meal in nection with such air transportation” within beverages to passengers in any or all i classes of service. This exemption is the meaning of section 403(a) of the Act. classes of service in interstate or overseas i-e- the carriers may charge 21 All tariff publications filed prior to April 6, air transportation; also, whether or not or tnis service in any or all classes of 1968, and which are either in effect on that date or to become effective after that date, shall be brought into compliance with ER— 22 Vice Chairman Murphy’s dissenting Am^nlted' N°rthwest, Delta, Western, 629 and PS-34 effective not later than May 1, statement filed as part of the original American, TCA, and TWA. 1968. document.
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4460 RULES AND REGULATIONS
the Board would require that each pas § 399.40 Visual in-flight entertainment. purchase contracts and since a consider senger who receives such in-flight service In considering the lawfulness of tariff able part of the data supplied in this shall be assessed a charge therefor which rules pertaining to visual in-flight en schedule is duplicated in FPC Form No. shall be reasonably related to the cost tertainment in interstate or overseas air 15, we proposed to revise the schedule so and value of the service in all classes of transportation, it is the policy of the as to require the reporting by totals only service. J3oard to require that each passenger of the estimated reserves under the sev Interested persons have been afforded furnished visual in-flight entertain eral types of gas purchase agreements. an opportunity to participate in the mak ment shall be assessed a charge in an Pursuant to the invitation contained ing of these rules (Part 221) and related amount reasonably related to the cost in the notice herein, 12 responses were policy statements. For the reasons set and value of the service provided, in all received: Nine of these from natural gas forth in ER-529, issued concurrently classes of service. pipeline companies,1 favored the proposal herewith, relating to amendments of Part 3. Add new § 399.41 to Subpart C toas did Columbia Gas System Service 221 (Construction, Publication, Filing, read as follows: Corp. and the Independent Natural Gas and Posting of Tariffs of Air Carriers and Association of America. The response Foreign Air Carriers), we are adopting § 399.41 In-flight service of alcoholic from A ssociated Gas Distributors the rules as to visual in-flight entertain beverages. (AGD), however, opposed the provision ment and in-flight service of alcoholic In considering the lawfulness of tariff on the ground that distributors have used beverages as proposed except, in the case rules pertaining to the in-flight service of the data reported in the schedule “not of the latter rule, we shall (1) restrict its alcoholic beverages in interstate air only in connection with formal litigation applicability to interstate air transporta transportation within the 48 contiguous involving regulated producer sales but tion within the 48 contiguous States; (2) States (except as to passengers in such also in preparing for settlement nego exempt from the rule passengers in in transportation who are on through tiations concerning various Commission terstate air transportation within the 48 flights having an origin or destination proceedings.” Specifically, AGD stated contiguous States who are on through- outside the United States and except that it utilized these Form 2 data in two flights having an origin or destination at with respect to the in-flight service of past independent producer company set a foreign point; and (3) permit the in wine or beer as an accompaniment to a tlements and that a witness sponsored by flight service without charge of wine or meal in all classes of service), it is the a group of independent producers used beer as an accompaniment to a meal in policy of the Board to require that each them for exhibit purposes in the South all classes of service. We are also making passenger who receives such in-flight ern Louisiana Area Rate proceeding. certain modifications in the correspond service shall be assessed a charge there In the light of all the comments re ing policy statements. Thus, with respect for which shall be reasonably related to ceived we have concluded that the parties to the policy statement applicable to vis the cost and value of the service in all who would likely have an interest in the ual in-flight entertainment, we shall de classes of service, except where such car retention and future use of Form 2, page lete all reference to a specified minimum rier makes a showing that an exception 550, gas reserves data, in its present form, charge for such entertainment, leaving to the foregoing policy is required by can have their needs satisfied almost en the matter of the amount of the charge reason of competition in foreign air tirely from data currently reported in to carrier management discretion, sub transportation by another air carrier or Form 15. Form 15 contains detailed infor ject to suspension and investigation of a foreign air carrier. mation on gas reserves presently dedi any tariff which appears unreasonable.1 (Sec. 204(a), 72 Stat. 743; 49 US.C. 1324. cated under contract to pipeline com With respect to the policy statement for Interpret or apply secs. 403, 404, 1002, panies. AGD correctly points out, how in-flight service of alcoholic beverages, Federal Aviation Act of 1958, 72 Stat. 758, ever, that Form 15 does not correlate we shall grant an exemption from the 760, 788; 49 US.C. 1373, 1374, 1482; sec. 3, reserves data with independent producer rule for an air carrier which makes a Administrative Procedure Act, 81 Stat. 54; 5 rate schedules. Inasmuch as such a cor showing that competition in foreign air U.S.C. 552) relation may be of some presently unfore transportation by another air carrier or By the Civil Aeronautics Board. seen future value, we have determined by a foreign air carrier warrants its pro that it is appropriate only to suspend viding in-flight service of alcoholic bev [ seal] H arold R . S anderson, detailed reporting of the Form 2 gas re erages without charge or at a lesser Secretary. serves data for the year 1967 rather than charge than that set forth in such car [PR. Doc. 68-3081; Plied, Mar. 12, 1968; to eliminate it entirely. By this we mean rier’s tariff, as the case may be. The 8:49 am.] that the pipeline Form 2 respondents required showing with respect to markets will not be required to report these data where no charge for alcoholic beverages but they shall maintain workpapers nor or a lesser charge will be made should be mally compiled in connection with such contained in the letter of transmittal Title 18— CONSERVATION OF reporting in past years. Thus, in the event which accompanies the tariff filing. In it becomes necessary for the Commission POWER AND WATER RESOURCES to activate the 1967 formal reporting re all other respects, the policy statements quirement, the pipelines will be in a posi are adopted as proposed. Chapter I— Federal Power tion to respond expeditiously. We think In consideration of the foregoing, Commission this action, will provide significant re the Civil Aeronautics Board hereby (Docket No. R-335; Order 360] porting relief to the affected companies amends Part 399, Statements of Gen and simultaneously maintain the bank of eral Policy (14 CFR Part 399), effective PART 260— STATEMENTS AND data in the event a special need should REPORTS (SCHEDULES) arise warranting a Commission directive April 6,1968, as follows: requiring the submittal of the 1967 data 1. Amend the table of contents by Annual Reports of Class A and B Nat in detail. adding new sections at the end of Sub ural Gas Companies; Natural Gas During this period, as a part of part C as follows: Reserves Available From Purchase our continuing Form 15 review,1 we Sec. Agreements would expect interested parties to con 399.40 Visual in-flight entertainment. M arch 6,1968. sider with our staff the incorporation of 399.41 In-flight service of alcoholic beverages. On January 4, 1968, the Commission issued a notice of proposed rule making 1 Arkansas Louisiana Gas Co.; El Paso Nat 2. Add new § 399.40 to Subpart C to in this proceeding (33 F.R. 417, Jan. 11, ural Gas Co.; Michigan Wisconsin Pipe Line read as follows: 1968) proposing to revise, effective for Co.; Natural Gas Pipeline Company of Amer the reporting years 1967 and 1968, only, ica; Northern Natural Gas Co.; Panhandle Eastern Pipe Line Co.; Southern Natural Gas 1 However, as indicated in ER-529, supra, the schedule, page 550, of FPC Form No. Co.; Texas Gas Transmission Corp.; ana the Board expects to use the proposed $2 2, prescribed by § 260.1 of the Commis Transcontinental Gas Pipe, Line Corp. charge as a benchmark for testing the reason sion’s regulations. The schedule requires * See Order No. 337 (37 FPC 326), ableness of tariffs filed when the rule be the detailed reporting by the respondent ing Form No. 15 and Prescribing Form 15-A, comes effective. of its natural gas supply available under issued Feb. 16,1967. FEDERAL REGISTER, VOL 33, NO. 50— WEDNESDAY, MARCH 13, 1968 RULES AND REGULATIONS 4461 a correlated gas reserve-producer rate under item 100.01, Tariff Schedules of Since this amendment involves a de schedule data series in Form 15. Of the United States, as purebred animals termination by the Government that un course, in doing so, the parties would be imported by a citizen specially for breed der certain conditions the protectioh of expected to address themselves to the ing purposes, release of the animals is the revenue does not require a bond with question as to how, specifically, such a now being effected in some cases under surety or a cash deposit to insure the data series would be used and useful in an informal entry when the value thereof production of a certificate of pure breed pipeline certificate cases, area rate pro does not exceed $250 with a deposit of ing, no good purpose would be served by ceedings, and in other formal hearings; estimated duties on the entry. Upon the requesting public participation, notice or as a part of the Commission’s pub subsequent timely production of a cer and public procedure under 5 U.S.C. 553 lished information program. tificate of pure breeding issued by the are, therefore, found to be unnecessary For these reasons we are adopting the Department of Agriculture the entry is and contrary to the public interest, and proposal set out in our January 4, 1968, liquidated with a refund of the duty since a restriction is relieved good cause notice, with the limitations set forth deposited. is found for making the amendment ef herein, for the reporting year 1967. It has been found that a certificate of fective less than 30 days after publica The Commission finds: The abridg pure breeding issued by the Department tion in the F ederal R egister. This ment of the reporting requirement of Agriculture is nearly always produced amendment shall, therefore, become ef ordered herein is necessary and appro in such cases. fective on the date of its publication in priate for the administration of the The Bureau has concluded that under the F ederal R egister. Natural Gas Act. certain conditions when dogs and cats Approved: March 7,1968. The Commission, acting pursuant to not exceeding $250 in value are entered sections 10 and 16 of the Natural Gas under item 100.01 of the Tariff Schedules [seal] * Lester D. J ohnson, Act (52 Stat. 826, 830; 15 U.S.C. 717i, of the United States on an informal Commissioner of Customs. 717o), orders: entry, a deposit of estimated duties is not F red B. Smith, (A) In FPC Form No. 2, prescribed by necessary to protect the revenue, except General Counsel § 260.1, Subchapter G, Chapter I, Title in unusual circumstances. It has also of the Treasury. 18 of the Code of Federal Regulations, been decided that a similar relaxation [F.R. Doc. 68-3086; Filed, Mar. 12, 1968; the detailed requirements of the schedule is justified when purebred dogs or cats 8:49 ajn.] “Natural Gas Reserves Available From not exceeding $500 in value accompany Purchase Agreements” are suspended for a passenger to the United States. [T.D. 68-78] the reporting year 1967 on the conditions To give effect to the above, § 10.71 of specified below: the Customs Regulations is amended by PART 16— LIQUIDATION OF DUTIES (1) Respondents will report, on page adding new paragraphs (e) and (f) to Countervailing Duties; Sugar Content 550 of the Form 2 entitled, “Natural Gas read as follows: Reserves Available From Gas Purchase of Certain Articles From Australia; Agreements”, estimated total Mcf of re § 10.71 Purebred animals; bond for February 1968 coverable pipeline gas available to re production of evidence; deposit of spondent at the end of year 1967, by the estimated duties; stipulation. The Treasury Department is in receipt of official information that the rates of following account numbers: ***** 800. Natural gas wellhead purchases. bounties or grants paid or bestowed by 801. Natural gas field line purchases. (e) When a passenger arriving in the the Australian Government within the 802. Natural gas gasoline plant outlet pur United States with one or more dogs or meaning of section 303, Tariff Act of 1930 chases. cats and with the required certificates (19 U.S.C. 1303), on the exportation dur 803. Natural gas transmission line purchases. of pedigree and transfers of ownership ing the month of February 1968, of ap ant' Naturai gas city gate purchases. in his possession furnishes a properly 805. Other gas purchases. executed declaration on customs Form proved fruit products and other approved products containing sugar amounts to (2) Respondents shall maintain docu 3327 along with an application to the ments reflecting the suspended detail Department of Agriculture on AIQ Form Australian $111 per 2,240 pounds of sugar aata related to the estimated total Mcf 338 for a certificate of pure breeding, content. naï'ed in subRaragraph (A) (1) above. the entry of the animal (s) as duty-free The net amount of bounties or grants BA.The abridged Form 2, page 550, under item 100.01, Tariff Schedules of on the above-described commodities reporting requirement as set out in the United States, may be made on the passenger’s baggage declaration if the which are manufactured or produced in oraenng paragraph (A) shall be effective Australia is hereby ascertained, deter pon the issuance of this order and is value of the animals does not exceed $500. In such case the entry shall be mined, and declared to be Australian onlyCnbed for the reportin2 year 1967, supported by a bond on customs Form $111 per 2,240 pounds of sugar content. 7?16 Secretary shall cause prom 7551 or 7553 for the production within 6 Additional duties on the above-described ?ho i^atlon of this order to be made months of a certificate of pure breeding. commodities, except those commodities the F ederal Register. The bond shall be without surety or cash covered by T.D. 55716 (27 F.R. 9595), By the Commission. deposit unless the district director of customs on the basis of information be whether imported directly or indirectly [seal] Gordon M. Grant, fore him finds that a bond with surety from that country, equal to the net . Secretary. or a cash deposit is necessary to protect amount of the bounty shown above shall • Doc. 68-3045; Filed, Mar. 12, 1968; the revenue. be assessed and collected. 8:46 a.m.] (f) Under conditions corresponding to The table in § 16.24(f) of the Customs those set forth in paragraph (e) of this Regulations is amended by inserting after section, dogs and cats having a value the last line under “Australia—Sugar Title 19— CUSTOMS DUTIES of not to exceed $250 that arrive unac companied by the importer may be en content of certain articles” the number Chapter I— Bureau of Customs, tered on an informal entry, (customs of this Treasury decision in the column epartment of the Treasury Form 5119 or 5119-A) under item 100.01, headed “Treasury Decision” and the [T.D. 68-79] Tariff Schedules of the United States, words “New rate” in the column headed without a deposit of estimated duty when “Action.” The table in § 16.24(f) is fur PApRdTc L0"7ART,CLES CONDITIONALLY supported by a bond on customs Form 7551 or 7553 which may be without ther amended by deleting therefrom ra te e t c JECT TO a r ed u c ec surety or cash deposit to the same extent under “Australia—Sugar content of cer Entry of Purebred Animals for and under the same conditions as pro tain articles” the number 68-2 in the column headed “Treasury Decision” and Breeding Purposes vided in paragraph (e) of this section. (Sec. 101, 76 Stat. 72, secs. 499, 624, 46 Stat. the words “New rate” appearing opposite of d o g ^ aid ïit11 !Wi4th the imP°rtation 728, as amended, 759-; 19 U.S.C. 1202 (item such number in the column headed d cats claimed to be duty-free 100.01), 1499,1624) “Action.” FEDERAL REGISTER, VOL 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4462 RULES AND REGULATIONS
(R.S. 251, secs. 303, 624, 46 Stat. 687, 759; 19 SUBCHAPTER E— REGULATIONS UNDER SPECIFIC U.S.C. 66, 1303, 1624) ACTS OF CONGRESS OTHER THAN THE FED Title 32— NATIONAL DEFENSE ERAL FOOD, DRUG, AND COSMETIC ACT [seal] Edwin F. R ains, Chapter I— Office of the Secretary of Acting Commissioner of Customs. PART 281— ENFORCEMENT OF THE Defense Approved: March 1, 1968. TEA IMPORTATION ACT SUBCHAPTER D— SECURITY F red B. Smith, Tea Standards 1968—69 PART 156— DEPARTMENT OF DE General Counsel FENSE CIVILIAN APPLICANT AND of the Treasury. Pursuant to the authority vested in the EMPLOYEE SECURITY PROGRAM [F.R. Doc. 68-3087; Filed, Mar. 12, 1968; Secretary of Health, Education, and Wel *8:49 a.m.] fare by the Tea Importation Act (secs. Authority; Correction 2, 10, 29 Stat. 607, 41 Stat. 712, 57 Stat. In F.R. Doc. 67-3527 (Part 156), pub 500; 21 U.S.C. 42, 50) and delegated by lished at 32 F.R. 5420, the following Title 21— FOOD AND DROGS him to the Commissioner of Food and correction should be made: Drugs (21 CFR 2.120), the regulations The eighth line of § 156.2 Authority is corrected to read:^ Chapter I— Food and Drug Adminis for the enforcement of this act (21 CFR tration, Department of Health, Edu Part 281) are amended by changing § 156.2 Authority. cation, and Welfare § 281.19(a) to read as follows: * * * 10531, 10548, 10550, hereafter referred to * * * . SUBCHAPTER A— GENERAL § 281.19 Tea standards. Maurice W. R oche, PART 2 — administrative f u n c (a) Samples for standards of the fol Director, Correspondence and t io n s , PRACTICES, AND PROCE lowing teas, prepared, identified, and Directives Division, OASD DURES submitted by the Board of Tea Experts (Administration). Subpart H— Delegations of on February 16, 1968, are hereby fixed [F.R. Doc. 68-3063; Filed, Mar. 12, 1968; 8:47 a.m.] Authority and established as the standards of purity, quality, and fitness for consump Miscellaneous Amendments tion under the Tea Importation Act for Chapter VII— Department of the Under the authority vested in the the year beginning May 1,1968 and end Air Force Secretary of Health, Education, and Wel fare by the Federal Food, Drug, and Cos ing April 30, 1969 : SUBCHAPTER A— ADMINISTRATION metic Act (sec. 701(a), 52 Stat. 1055; (1) Formosa oolong. PART 809a— EN FO RCEM EN T OF 21 U.S.C. 371(a)) and delegated by him (2) Ceylon-India, Indonesia black (all ORDER AT AIR FORCE INSTALLA to the Commissioner of Food and Drugs black tea except Formosa and Japan TIONS, CONTROL OF CIVIL DIS (21 CFR 2.120), Part 2 is amended in black). Subpart H as follows: TURBANCES, AND SUPPORT OF (3) Formosa black (Formosa black DISASTER RELIEF OPERATIONS § 2.120 [Amended] and Japan black). 1. Section 2.120 Direct delegations (4) Green tea. Subchapter A of Chapter VII of Title from the Secretary is amended by chang (5) Canton type (all Canton type teas 32 of the Code of Federal Regulations ing “(25 F.R. 8625)” in paragraph (a) to including scented Canton and Canton is amended as follows: read “(33 F.R. 10012)”. oolong types). A new Part 809a is added as follows: 2. In § 2.121, the introductory para Sec. graph is revised to read as follows: These standards apply to tea shipped 809a.0 Purpose. § 2.121 Redelegations of authority from from abroad on or after May 1, 1968. Tea Subport A— Enforcement of Order at or Near Air the Commissioner to other officers of shipped prior to May 1, 1968, will be Force Installations the Adm inistration. governed by the standards that became 809a. 1 Military responsiblity and authority. Final authority of the Commissioner effective May 1, 1967 (32 F.R. 4920). 809a.2 Civil responsibility and authority. of Food and Drugs is redelegated as set * * * * * 809a.3 Unauthorized entry to installations. forth in this section. Further redelega 809a.4 Use of Government facilities. Notice and public procedure are not tion of the authority vested herein is not Subpart B— Use of Military Forces in Civil De authorized. Authority redelegated herein necessary prerequisites to the promulga fense, Civil Disturbances, and Disasters to a position by title may be exercised tion of this order, and I so find, since the 809a.5 Definitions. by a person officially designated to serve amendment is based upon the recommen 809a.6 Base policies and laws. in such position in an acting capacity dation of the Board of Tea Experts, 809a.7 Conditions for use of Air Force personnel. or on a temporary basis, unless pro which' is comprised of tea experts drawn 809a.8 Military Commanders’ repsonsibil- hibited by a restriction written into the from the Food and Drug Administration ities. document designating him as “acting” and the tea trade, so as to be represent A u t h o r it y : The provisions of this P art or unless not legally permissible. ative of the trade as a whole. 809a issued under sec. 8012, 70A Stat. 48», * * tf * * 10 U.S.C. 8012, except as otherwise n o te d . Effective date. This order shall become S o u r c e : AFR 355—11, Apr. 18, 1967. Effective date. This order shall be effective May 1, 1968. effective upon publication in the F ederal § 809a.0 Purpose. R egister. (Secs. 2, 10, 29 Stat. 607, 41 Stat. 712, 57 Subpart A of this part prescribes the Stat. 500; 21 U.S.C. 42, 50) (Sec. 701(a), 52 Stat. 1055; 21 U.S.C. 371(a)) commanders’ responsibilities for enforc Dated: March 5, 1968. Dated: March5,1968. ing order at and in the vicinity of in- stallations under their jurisdiction. Sub J ames L. G oddard, J ames L. Goddard, Commissioner of Food and Drugs. Commissioner of Food and Drugs. part B of this part provides guidance for the use of Air Force resources in control [F.R. Doc. 68-3064; Filed, Mar. 12, 1968; [F.R. Doc. 68-3065; Filed, Mar. 12, 1968; 8:48 am .] 8:48 a.m.] ling civil disturbances and in supporting
FEDERAL REGISTER, VOL 33, NO. 50— WEDNESDAY, MARCH 13, 1968 RULES AND REGULATIONS 4463 diaster relief operations. This part ap Subpart B— Use of Military Forces in generate additional manpower require plies only to installations in the Con Civil Defense, Civil Disturbances, ments, or encourage participation in such operations at the expense of the tinental United States. Oversea com and Disasters mands, the States of Hawaii and Alaska, Air Force primary mission. It is a guide and territories and possessions of the § 809a.S Definitions. for the employment of Air Force person United States will be guided by instruc (a) Emergencies. These are conditions nel when: tions issued by the appropriate unified which affect public welfare and occur as (a) A disaster or disturbance occurs commander. a result of enemy attack, insurrection, in areas in which the U.S. Air Force is the executive agent of the United States. Subpart A— Enforcement of Order at civil disturbances, earthquake, fire, flood, or other public disasters which endanger (b) A disaster or disturbance occurs or Near Air Force Installations life and property or disrupt the usual in areas that are remote from an Army § 809a.l Military responsibility and au process of government. The term “emer installation but near an Air Force in thority. gency” includes any or all of the con stallation, thereby necessitating Air ditions explained in this section. Force assumption of responsibility pend Each commander is authorized to grant ing arrival of Army personnel. or deny access to his installation, and to (b) Civil defense emergency. This is a disaster situation resulting from devas (c) The overriding demand of con exclude or remove persons whose pres ditions resulting from a natural disaster ence is unauthorized. In excluding or tation created by an enemy attack and requiring emergency operations during compels immediate action to protect life removing persons from the installation, and property and to restore order. he must not act in an arbitrary or capri and following attack. It may also be pro cious manner. His action must be reason claimed by appropriate authority in an § 809a.8 Military Commanders’ respon able in relation to his responsibility to ticipation of an attack. sibilities. protect and to preserve order on the (c) Civil disturbances. These are group (a) Civilians in the affected area installation. As far as practicable, he acts of violence or disorder prejudicial will be informed of the rules of conduct should prescribe by regulation the rules to public law and order including those and other restrictive measures to be en and conditions governing access to his which follow a major disaster. forced by the military. These will be an installation. (d) Major disaster. Any flood, fire, nounced by local proclamation or order, hurricane, or other catastrophe which, and will be given the widest publicity by § 809a.2 Civil responsibility and author in the determination of the President, is ity. all available media. or threatens to be of sufficient severity (b) Persons not normally subject to Local civil authorities are primarily and magnitude to warrant disaster as military law, who are taken into custody responsible for maintaining order outside sistance by the Federal Government to by military forces incident to civil dis the perimeter of an installation. If assist supplement the efforts and available re turbances, will be turned over to the civil ance from civil authorities is insufficient, sources of the State-and local govern authorities as soon as possible. and the installation commander believes ments in alleviating the damage, hard that the employment of Air Force re ship, or suffering caused thereby. (c) Military forces will ordinarily ex ercise police powers previously inopera sources is essential, he should send a § 809a.6 Base policies and laws. request for instructions and a report of tive in an. affected area; restore and the circumstances to Hq USAF per AFR This subpart contains policies on the m a i n t a i n order; maintain essential 55-30 (Apex Beeline Report of Serious use of Air Force military personnel in transportation and communication; and Accident, Incident, or Disturbance). Un civil disturbances and disasters. The provide necessary relief measures. more important laws concerning mili less an emergency involves imminent By order of the Secretary of the Air danger to personnel or property under tary aid to civil authorities are also the commander’s jurisdiction, he is not summarized. Force. authorized to act before instructions are (a) The Air Force gives military assist Lucian M. F erguson, received. ance to civil authorities in civil defense Colonel, U.S. Air Force, Chief, or civil disturbances and disasters only Special Activities Group, Of § 809a.3 Unauthorized entry to installa when such assistance is requested or di fice of The Judge Advocate tions. rected. Commanders will not undertake General. Removal of violators: If unauthorized such assistance without authority, un [F.R. Doc. 68-3029; Filed, Mar. 12, 1968; entry occurs, the violators may be appre less the overruling demands of humanity 8:45 a.m.] hended, ordered to leave, and escorted compel immediate action to protect life off the installation by personnel carefully and property and to restore order. selected for such duties. Violators who re (b) The military service having avail enter an installation—after having been able resources nearest the affected area Title 33— NAVIGATION AND removed from it or having been ordered, is responsible for providing initial assist by an officer or person in command or ance to civil authorities in emergencies. charge, not to reenter—may be prose Subsequent operations are to be accord NAVIGABLE WATERS cuted under 18 U.S.C. 1382. If prosecu ing to the mutual agreement between Chapter l|— Corps of Engineers, tion for subsequent reentry is contem the senior service commanders con Department of the Army plated, the order not to reenter should be cerned. m writing so as to be easily susceptible of (c) The protection of life and prop PART 204— DANGER ZONE Proof. Commanders are cautioned that erty and the maintenance of law and REGULATIONS only civil law enforcement authorities order within the territorial jurisdiction nave the power to arrest and prosecute of any State is the primary responsibility Narragansett Bay, R.l. or unauthorized entry of Government of State and local authorities. It is Pursuant to the provisions of section Property. well-established U.S. Government policy 7 of the River and Harbor Act of August that intervention with military forces 8, 1917 (40 Stat. 266; 33 U.S.C. 1), §204. § 809a.4 Use of Government facilities. takes place only after State and local Cormnanders are not authorized to per- authorities have used their own forces 10 governing the use and navigation of a nut the use of Government facilities for and are unable to control the situation, torpedo testing area and a prohibited partisan purposes, and will deny permis- or when they do not take appropriate area in Narragansett Bay, R.I., is hereby n to hold demonstrations or conduct action. amended in its entirety enlarging the Political meetings on Air Force installa- § 809a.7 Conditions for use of Air Force prohibited area and disestablishing the ions. They are not to volunteer public personnel. torpedo testing area, effective 30 days s a ements on demonstrations or possible This part is not intended to extend Air after publication in the F ederal R egister, demonstrations. Force responsibility in emergencies, to as follows:
No. 50-----3 FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4464 RULES AND REGULATIONS
§ 204.10 Narragansetl Bay, R.I.; pro George Island 1,500 feet east of Cape PART 208— FLOOD CONTROL hibited area. St. George Light. REGULATIONS (a) Beginning at a point on the east (b) The regulations. (1) The area shore of Conanicut Island at latitude shall be used from sunrise to sunset daily Devil Creek Dam and Reservoir, 41°33'15"; thence southeasterly to lati Mondays through Fridays for test firing Bear River Basin, Idaho tude 41°32'44", longitude 71°21'17"; helicopter armament. (2) During firing the entire area plus Pursuant to the provisions of section thence southerly to latitude 41°32'09", 7 of the act of Congress approved De longitude 71°21'17"; thence southeast five miles beyond in all directions shall be kept under surveillance by one control cember 22, 1944 (58 Stat. 890;. 33 U.S.C. erly to latitude 41°31'50", longitude 709), § 208.77 is hereby prescribed to 71°21'10"; th en ce southeasterly to helicopter and two crash boats equipped with FM and UHF communications to govern the use and operation of Devil latitude 41°31'26", longitude 71°20'- Creek Dam and Reservoir on Devil Creek 33"; thence easterly to latitude 41°- the Safety Officer at range control to insure cease fire if an aircraft or surface in Malad River Basin, tributary to Bear 31'27", longitude 71°20'06"; th en ce River, Idaho, for flood control purposes. northerly to a point on the southwesterly vessel is observed approaching the area. shore of Prudence Island at latitude 41 °_ (3) The regulations in this section § 2 0 8 .7 7 D evil Creek D am and Reser shall be enforced by the Commanding voir, Bear River Basin. 35'00"; thence northerly along the Officer, U.S. Army Aviation Test Board, southwesterly shore of Prudence Island The Malad Valley Irrigating Co., to a point at latitude 41°35'43", longi Fort Rucker, Ala., and such agencies as he may designate. Malad City, Idaho, shall operate or tude 71°20'15.5"; thence northwesterly otherwise effect the operation of Devil to latitude 41°37'21", longitude 71°20'- [Regs., Feb. 20, 1968, 1507-32 (Gulf of Mex Creek Dam and Reservoir in the interest 48"; thence west to latitude 41°37'21", ico, Fla.)-ENGCW-ON] (Sec. 7, 40 Stat. 266; of flood control as follows: longitude 71°21'48"; and thence south to 33 U.S.C. 1) .(a) Storage space in Devil Creek Res latitude 41°33'54", longitude 71°21'48". 2. Pursuant to the provisions of secervoir of 2,000 acre-feet, below the ele (b) The regulations: (1) No vessel tion 7 of the River and Harbor Act of vation of the crest of the uncontrolled shall at any time, under any circum August 18, 1917 (40 Stat. 266; 33 spillway shall be kept available for flood stances, anchor or fish or tow a drag of U.S.C. 1) , § 207.240 governing navigation control purposes on a seasonal basis in any kind in the prohibited area because of the reach of lower Atchafalaya River accordance with the Flood Control Dia of the extensive cable system located (Berwick Bay) at Morgan City, La., is gram in force for that reservoir. The therein. hereby amended revising paragraphs Flood Control Diagram in force as of the (2) Orders and instructions issued by (d), (f), and (g) and revoking para promulgation of this section is that patrol craft or other authorized repre graph (e), effective 30 days after pub dated February 23, 1968, File No. DC-1- sentatives of the enforcing agency shall lication in the F ederal R egister, as 25-1, and is on file in the Office of the be carried out promptly by vessels in or follows: Chief of Engineers, Department of the in the vicinity of the prohibited area. § 207.240 Atchafalaya River, La.; spe Army, Washington, D.C. Revisions of (3) The regulations in this section cial regulations to govern navigation the diagram may be developed from time shall be enforced by the Commander U.S. through the reach of the Lower to time as necessary by the Corps of Naval Base, Newport, R.I., and such Atchafalaya River (Berwick Bay) in Engineers with concurrence of the Malad agencies as he may designate. the vicinity of the Southern Pacific Valley Irrigating Co. Each such revision shall be effective upon the date specified [Regs., Feb. 20, 1968, 1507-32 (Narragansett Railroad Bridge at Morgan City, La. Bay, R.I.) -ENGCW-ON] (Sec. 7, 40 Stat. * * * * * in the approval thereof by the Chief of 266; 33 U.S.C. 1) Engineers and the Malad Valley Irri (d) When the signals described in gating Co. and from that date until For the Adjutant General. paragraphs (b) and (c) of this section replaced shall be the Flood Control are displayed, unless otherwise directed Diagram for purposes of this section. J. W. H urd, by the District Engineer, tows (except Colonel, AGO, Comptroller, TAGO. Copies of the Flood Control Diagram as described below) ihoving southward currently in force shall be kept on file [F.R. Doc. 68-3030; Filed, Mar. 12, 1968; through the bridge opening shall not 8:45 a.m.] in and may be obtained from the Office exceed one barge or other vessel in addi of the District Engineer, Corps of Engi tion to the towing vessel. Tows moving neers, Sacramento, Calif., and the Malad northward through the bridge opening Valley Irrigating Co., Malad City, Idaho. PART 204— DANGER ZONE shall -not exceed two barges or other ves REGULATIONS (b) Releases from Devil Creek Reser sels arranged in tandem in addition to voir shall be restricted insofar as possi PART 207— NAVIGATION the towing vessel. Towing on hawser in ble to quantities which will not cause REGULATIONS either direction shall not be permitted. flows in Devil Creek below Devil Creek (e) [Revoked] Dam to exceed the controlling flow rate, Gulf of Mexico, Fla.; Lower Atcha- (f) Tows consisting of not more than as specified on the Flood Control Dia falaya River (Berwick Bay), La. four units of type designed for integrated gram. Any water temporarily stored in tows and securely lashed together with the flood control space shall be released 1. Pursuant to the provisions of seca towing vessel of adequate power made as rapidly as can be safely accomplished tion 7 of the River and Harbor Act of Au up to stern of the tow may proceed gust 8, 1917 (40 Stat. 266; 33 U.S.C. 1) , without causing downstream flows to through the bridge opening in either exceed those criteria. § 204.112 is hereby prescribed establish direction. Regardless of direction of the ing and governing the use of a danger (c) Nothing in the regulations, of this current flow, all tows shall move through section shall be construed to require zone in the Gulf of Mexico, south of St. the bridge opening at the minimum George Island, Fla., effective 30 days speed required to maintain control. dangerously rapid changes in magnitudes after publication in the F ederal R egis (g) The regulations of paragraphs of releases or that releases be made at ter, as follows; (d) and (f) of this section shall not rates or in a manner that would be in § 204.112 Gulf of Mexico, south of St. apply to tows with two towing vessels consistent with requirements for pro George Island, Fla. ; test firing range. of sufficient power, one at the head and tecting the dam and reservoir from (a) The danger zone. A fan-shaped one at the stem of the tow. major damage. area bounded as follows: * * * * * (d) The Malad Valley Irrigating Co [Regs., Feb. 23, 1968, 1507-32 (Atchafalaya Latitude Longitude River, La.)-ENGCW-ON] (Sec. 7, 40 Stat. shall obtain such basic hydrologic data NW corner—29°35'15" 85°03'12" 266; 33 U.S.C. 1) and shall make such current determina SW corner—29°31'18" 85°07'31" For the Adjutant General. tions of required flood control space ana SE comer—29° 30'18" 84°59'18" required release at Devil Creek Reservoir NE corner—29035'09" 85o01'53" J. W. H urd, The seaward end of the area is an arc Colonel, AGC, Comptroller, TAGO. as are required to accomplish the floo with a 10,500 meter radius with its cen [F.R. Doc. 68-3031; Filed, Mar. 12, 1968; control objectives prescribed in this ter located on the south shore line of St. 8:45 a.m.] section.
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 RULES AND REGULATIONS 4465
(e) The Malad Valley Irrigating Co. and below the stamps, as illustrated in Leasing Act, and that such associations shall keep the District Engineer, Sacra § 167.3 of this chapter. may furnish qualifications in a manner similar to that permitted to be followed mento District, Corps of Engineers, De § 246.4 Treatment. partment of the Army, in charge of the by corporations. locality, currently advised of reservoir Special handling packages are given Interested persons were given 30 days release, reservoir storage, and such other priority in distribution and disposal within which to submit comments, sug operating data as the District Engineer over other packages from the office of gestions or objections with respect to the may request. mailing to the point of dispatch from the proposed amendments. No comments, (f) The flood control regulations of United States. They are not accorded suggestions or amendments have been re this section are subject to temporary and preferential dispatch from the ceived. The proposed amendments are modification by the District Engineer, United States, and receive no special hereby adopted without change, and are Corps of Engineers, if found necessary in treatment in the country of destination. set forth below. The amendments shall time of flood emergency. Requests for N o t e : The corresponding Postal Manual become effective at the end of the 30th and action on such modification may be sections are 246.1, 246.2, 246.3, and 246.4 calendar day following the date of this made by any available means of com respectively. publication in the F ederal R egister. munication, and the action taken by the B. In the appendix to Subchapter C— D avid S. B lack, District Engineer shall be confirmed in The Directory of International Mail, Acting Secretary of the Interior. writing under date of same day to the Chart 6 is revised to reflect the extension office of the Malad Valley Irrigating Co. of special handling service to surface M arch 7, 1968. [Regs., Peb. 23, 1968, ENGCW-EY] (Sec. postal union AO mail packages. Section 3101.1 is amended to read as 7,58 Stat. 890; 33 UJ3.C. 709), Chart 6.— S pecial H andling follows: For the Adjutant General. Special handling service is available § 3101.1 Who may hold leases and per m its. J. W. Hurd, only for surface parcel post and surface Colonel, AGC, Comptroller, TAGO. postal union AO mail packages. The fol Mineral prospecting permits and min lowing fees apply: eral leases may be issued only to (a) [Pit. Doc. 68-3032; Piled, Max. 12, 1968; Cents citizens of the United States; (b) asso 8:45 a.m.] Up to 2 pounds. ______25 ciations of such citizens organized under Over 2 pounds and up to the laws of the United States or of any 10 pounds______35 Over 10 poundsl______50 State thereof, which are authorized to hold such interests by the statute under Title 39— POSTAL SERVICE Marking. Sender must endorse the which organized and by the instrument package Special Handling. establishing the association; (c) corpora Chapter I— Post Office Department Treatment. Packages are entitled to tions organized under the laws of the SUBCHAPTER C— INTERNATIONAL MAIL priority" treatment within the United United States or of any State thereof; or States only. For further information see (d), in the case of coal, oil, oil shale, or PART 246— SPECIAL HANDLING Part 246 of this chapter. gas, municipalities. A mineral lease or APPENDIX— DIRECTORY OF (5 U.S.C. 301, 39 U.S.C. 501, 505) permit will not be issued to a minor, but INTERNATIONAL MAIL oil and gas leases may be issued to legal T imothy J . May, — guardians or trustees of minors in their Miscellaneous Amendments General Counsel. behalf. As used in this group, “associa I. In Subchapter C—International M arch 6, 1968. tion” includes “partnership.” Mail make the following changes: [F.R. Doc. 68-3093; Filed, Mar. 12, 1968; In § 3123.2 paragraphs (c)(1) and (f) A. In Part 246, §§ 246.1, 246.2, 246.3, 8:50 a.m.] are amended to read as follows: and 246.4 are revised to extend special handling service to surface postal union § 3123.2 What should accompany offer. AO mail packages. * * * * * Title 43— PUBLIC LANDS: (c) (1) Except in the case where a § 246.1 Availability. member or a partner signs an offer on The special handling service for do INTERIOR behalf of an association (as to which, mestic parcel post and third class is Chapter II— Bureau of Land Manage see paragraph (f) (1) of this section), or available also for surface parcel post and where an officer of a corporation signs an surface postal union AO mail packages ment, Department of the Interior offer on behalf of the corporation (as to (i.e., printed matter, matter for the blind, SUBCHAPTER C— MINERALS MANAGEMENT which, see paragraph (g) of this sec samples of merchandise, and small (3000) tion), evidence of the authority of the packets). The service is optional except [Circular No. 2240] attorney-in-fact or agent to sign the m the case of parcels for Canada con offer and lease, if the offer is signed by taining baby (day-old) poultry and PART 3100— PUBLIC DOMAIN LEAS such attorney or agent on behalf of the honey bees. Special handling service does ING UNDER 1920 ACT offeror. Where such evidence has pre hot apply to airmail postal union articles viously been filed in the same land office or to air parcels. Subpart 3101— Lessees where the offer is filed, a reference to the § 246.2 Fees. PART 3120— OIL AND GAS serial number of the record in which it Fee has been filed, together with a statement Weight (cents) Subpart 3123— Noncompetitive by the attorney-in-fact or agent that Not more than 2 pounds______25 Leases such authority is still in effect will be ore than 2 pounds but not more than accepted. 10 pounds. ___ 35 Qualifications for Associations * ♦ * * * More than 10 pounds______50 On pages 15883 and 15884 of the F ed (f) (1) If the offeror is an association Special handling fees are in addition to eral R egister of November 18, 1967, which meets the requirements of § 3101.1 e regular postage rates to the country there were published a notice and text of of this chapter, the offer shall be ac oncemed, and may be prepaid by ordi- proposed amendments of §§ 3101.1 and companied by a certified copy of its starnpSP0Stage s^amps or with meter 3123.2 of Title 43, Code of Federal Regu articles of association or partnership, to lations. The purpose of the amendments gether with a statement showing (i) that §246.3 Marking. is to state in the regulations the fact that it is authorized to hold oil and gas leases; associations, in clu d in g partnerships, (ii) that the member or partner execut must place the words “Special which meet certain requirements may ing the lease is authorized to act on flung” above the name of addressee hold a lease or permit under the Mineral behalf of the association in such matters;
FEDERAL REGISTER, VOL 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4466 RULES AND REGULATIONS and (iii) the names and addresses of all 5. In view of the foregoing: It is [FCC 68-255] members owning or controlling more ordered, That, effective March 15, 1968, than 10 percent of the association. A Part 97 of the Commission’s rules is PART 97— AMATEUR RADIO SERVICE separate statement from each person amended by adding new § 97.53 as shown Notice and Application Filing owning or controlling more than 10 below. Requirements percent of the association, setting forth (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; his citizenship and holdings, shall also 47 U.S.C. 154, 303) Order. In the matter of amendment be furnished. Where such material has of the Amateur Radio Service Rules to previously been filed, a reference by Adopted: Mareh 6,1968. delete a notice requirement and to serial number to the record in which it clarify an application filing requirement. Released: March 8,1968. 1. The Commission has under con has been filed, together with a statement F ederal Communications as to any amendments, will be accepted. sideration Amateur Radio Service rule Commission,1 § 97.99 relating to notice and application (2) If the offer is made by an associa Lseal] B en F. Waple, filing requirements for amateur opera tion which does not meet the require Secretary. tions away from the permanent station ments of § 3101.1 of this chapter, the Part 97 of the Commission’s rules is location. same showing as to citizenship and hold amended as follows: 2. The provisions of paragraph (a) of ings of its members shall be made as is New § 97.53 is added to read as follows: § 97.99 are intended to require that an required of an individual. application for modification of license * * * * * § 97.53 Policies and procedures appli cable to assignment of call signs. must be filed within 4 months after a [F.R. Doc. 68-3056; Filed, Mar. 12, 1968; change of the authorized permanent 8:47 am.] (a) 1The following are regarded as station location and that operation at preferred call signs: the new permanent location may not be (1) Two-letter call signs—call signs commenced until after the modification with a single letter prefix (two-letter application is submitted. However, the Title 47— TELECOMMUNICATION prefix in Alaska, Hawaii, and in the U.S. present wording of paragraph (a) ap possessions) and a two-letter suffix; e.g. pears to be somewhat ambiguous and, Chapter I— Federal Communications W6AB (KH6AB). therefore, the Commission finds that it Commission (2) Three-letter call signs—call signs should be revised to more clearly state [FCC 68-254] with a single letter prefix and a three- these requirements and limitations. letter suffix; e.g. W6ABC.. 3. Paragraph (b) of § 97.99 provides, PART 97— AMATEUR RADIO SERVICE (b) An eligible licensee will be per in pertinent part, for a procedure mitted to hold only one two-letter call whereby written notice is to be given to Assignment of Preferred Station Call the Secretary of the Commission by li Signs sign. However, a licensee who, by reason of former rule provisions, presently holds censees as to certain temporary opera . Order. 1. The Commission has under more than one such call sign may con tions away from the authorized per consideration its rules relating to the as tinue to hold those call signs in the same manent station location. The Commission signment of station call signs in the Ama call sign areas. finds that the notices filed with its Sec teur Radio Service. retary under this provision are no longer (c) Subject to availability, two-letter needed since the additional requirements 2. Section 97.51(a) provides that call call signs beginning with the letter “W” signs for amateur stations will be as for identical notices to be filed at field will normally be assigned in each call offices is adequate to meet monitoring signed systematically with certain ex sign area to eligible licensees. ceptions. The exceptions provide for the and enforcement needs. It is determined, (d) An eligible licensee who holds one therefore, that it is in the public interest assignment of two-letter call signs and or more three-letter call signs must re for the assignment of specific call signs to delete this requirement. linquish one of those call signs in order 4. The Commission concludes that the to stations of previous holders, to club to be assigned a two-letter call sign. stations in memorial to deceased mem changes to § 97.99 are simplified and best bers, and to stations connected with (e) New additional stations will not accomplished by deleting the entire sec temporary special events. be assigned a preferred call sign. tion and incorporating it into present § 97.95. An editorial amendment to 3. Throughout the years, the Commis (f) An additional station which is sion has developed a number of policies presently assigned a preferred call sign § 97.97 is also necessary. will be issued a nonpreferred call sign 5. The rule changes herein ordered are and procedures to supplement the pro upon modification of license to show a procedural and interpretive in nature visions of § 97.51(a). These policies and station location in a different call sign and, hence, the prior notice, public pro procedures are consistent with the mean cedure and effective date provisions of ing and intent of the provisions of area. (g) Subject to availability, a basic 5 U.S.C., section 553, are not applicable. § 97.51(a) and are merely designed to Authority for these rule changes is con govern various special problems, es station will be issued the same type of call sign as the one relinquished upon tained in sections 4(i) and 303(r) of pecially those relating to the assignment the Communications Act of 1934, as and conservation of preferred-type call modification of license to show a station location in a different call sign area. amended. signs. A number o f these policies and 6. In view of the foregoing: It is or procedures have been indicated in Ama (1) Licensees will not be assigned dered, That, effective March 15, 1968, teur Radio Service information bulletins, specific call signs of their choice or counterpart call signs (call signs with § 97.99 is deleted and §§ 97.95 and 97-97 however, the Commission believes that it are amended as shown below. is appropriate that those which are of identical suffix letters) under this pro particular importance and of general ap vision. (Secs. 4, 303, 48 Stat., as a m e n d e d , 1066, plicability be stated in the rules. Accord (2) When a two-letter call sign is not 1082; 47 U.S.C. 154, 303) ingly, the Commission has determined available in the new call sign area, an Adopted: March 6, 1968. that new § 97.53 should be adopted essen eligible licensee may be assigned an Released: March 8, 1968. tially to set forth the policies and pro cedures applicable to conservation and available unspecified three-letter call F ederal Communications assignment of preferred call signs. sign. Com m ission,1 (h) Call signs which have been unas [seal] B en F . W aple, 4. The rule change adopted herein in Secretary. volves general statements of policy and signed for more than one year are is procedural in nature, and, hence, the normally available for reassignment. Part 97 of the Commission’s rules is prior notice procedure and the effective [F.R. Doc. 68-3089; Filed, Mar. 12, 1968; amended as follows: date provisions of 5 U.S.C. section 553 are 8:49 a.m.] 1. In § 97.95, the headnote and par» not applicable. Authority for these rule graph (a) are revised to read as folio changes is contained in section 4 (i) and 303 (r) of the Communications Act of 1 Commissioners Hyde, Chairman; and Lee 1 Commissioners Hyde, Chairman; and he® 1934, as amended. absent. absent. FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 RULES AND REGULATIONS 4467
§ 97.95 Operation away from the author ized permanent station location. Title 49— TRANSPORTATION (a) Operation -within the United Chapter X— Interstate Commerce States, its territories, or possessions is Commission permitted as follows: (1) When there is no change in the SUBCHAPTER A— GENERAL RULES AND authorized permanent station location, REGULATIONS an amateur station may be operated [Ex Parte No. MC-68] under the permanent station license any where in the United States, its terri PART 1041— INTERPRETATION- tories or possessions as a portable, CERTIFICATES AND PERMITS mobile, or temporary fixed station. (2) When the authorized permanent Removal of Truckload Lot Restric station location as changed, formal ap tions; Postponement of Effective plication (FCC Form 610 ) must be sub mitted to the Commission prior to any Date operation and within 4 months of the M arch 8,1968. move for the purpose of modifying the The order of the Commission adding station license to show the new perma § 1041.13 to Chapter X of Title 49 of the nent station location. Operation at the Code of Federal Regulations and pub new location is permitted under the li lished on page 2711 of the February 8, cense for the former station from the date the modification application is 1968 issue of the F ederal R egister was mailed until advised of Commission ac to become effective March 15, 1968. Pe tion on that application. titions for reconsideration were subse (3) For operations under subpara quently filed by Boss-Linco Lines, Inc., graphs (1) and (2) of this paragraph, Gordons Transports, Inc., the Regular advance notice, as required by § 97.97, Common Carrier Conference of Ameri must be given to the Engineer in Charge can Trucking Associations, Inc., East of each radio district in which operation is intended and the portable identifi Texas Motor Freight Lines, Inc., Central cation procedures specified in § 97.87 Motor Lines, Inc., Indiana Motor Rate must be used. and Tariff Bureau, Inc., and Roadway * * * * * Express, Inc. 2. In § 97.97, the first sentence of the Pursuant to .section 17(8) of the In introductory text is amended to read as terstate Commerce Act, the effective date follows: of the order is postponed ¡pending dis § 97.97 Notice of «operation away from position of these petitions. authorized location. Copies of the petition filed by Boss- Whenever an amateur station is, or is Linco Lines, Inc., are available from likely, to be operated during periods in Harold G. Hemly, Jr., Esq., 711 Four excess of 48 hours away from the fixed teenth Street NW., Washington, D.C. transmitter location specified on the •station license without return thereto, 20006. the licensee shall give advance written Copies of the petition filed by Gordons notice of such operation to the Commis Transports,- Inc., are available from sion’s ofiice(s) specified in § 97.95. * * * James W. Wrape, Esq., 711 Fourteenth * * * * * Street NW., Washington, D:C. '20006.
§ 97.99 [Deleted] [seal] H. N eil G arson, 3. Section 97.99 is deleted. Secretary. [F.R. Doc. 68-3088; Filed, Mar. 12, 1968; [F.R. Doc. 68-3074; Filed, Mar. 12, 1968; 8:49 a.m.] 8:48 a.m.]
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, Î968 4468 Proposed Rule Making
Subpart A— General Provisions pressure inside the facepiece in relation DEPARTMENT OF THE INTERIOR Sec. to the immediate environment is positive 11.1 Purpose. during exhalation and negative during Bureau of Mines 11.2 Definitions. 11.3 Consultation. inhalation. [ 30 CFR Part 11 ] 11.4 Types of apparatus. (h) A “pressure-demand type” appa 11.5 Applications. ratus is an open-circuit apparatus hav [Bureau of Mines Schedule 13E] 11.6 Fees. ing positive pressure inside the facepiece 11.7 Date for testing. in relation to the immediate environ SELF-CONTAINED BREATHING 11.8 Conduct of investigations, tests, and ment during both ex h a la tio n and APPARATUS demonstrations. inhalation. 11.9 Certificate of approval. (i) A “self-rescue apparatus” is an Procedures for Investigation, Tests, 11.10 Approval labels and markings. 11.11 Material required for record. open- or closed-circuit apparatus for Certification, Approval, and Fees 11.12 Changes after certification. use only during emergency escape from 11.13 Withdrawal of certification. irrespirable atmospheres and shall not On June 7, 1967 (32 F.R. 8162), notice be used for entry into such an atmos was given of the intention to revise the Subpart B— Design, Construction, Requirements, phere. regulations issued as Part 11 of Chapter and Bench Tests (j) “Entry into and escape from” I, Title 30, Code of Federal Regulations. 11.20 Design and construction. means that the'apparatus approved for Interested parties were allowed 30 days 11.21 Requirements and tests. these purposes may be used to enter an to submit written comments, sugges 11.22 Requirements for combination self- irrespirable atmosphere and/or to es tions, or objections with respect to the 11.22 Requirements for combination self- contained breathing apparatus and cape from it. proposed revision of the regulations. another type of-respiratory protec (k) “Auxiliary equipment” is a self- Some cogent objections were received to tive device. contained breathing apparatus that is individual items of the proposed revision limited when used underground in mines, and several persons requested* that a Subpart C— Man Tests tunnels, and similar operations to situa meeting be held at which they could ex 11.30 General description of tests. tions in which the wearer has ready ac press their points of view. Such a meeting 11.31 Test procedures and requirements. cess to fresh air and at least one crew was held in Pittsburgh, Pa., on Septem 11.32 Gas tightness tests. of five or six men equipped with approved ber 28, 1967. A u t h o r i t y : The provisions of this Part 11 self-contained breathing apparatus, Consideration of the written comments issued under sec. 5, 36 Stat. 370, as amended, preferably of 2 hours or longer rating, and of the suggestions made at the meet 30 U.S.C. 7. Interpret or apply secs. 2, 3, 36 is in reserve at a fresh air base. ing on September 28, 1967, has resulted Stat. 370, as amended, 30 U.S.C. 3, 5. (l) A “combination apparatus” is a in the revision of several parts of the Subpart A— General Provisions self-contained breathing apparatus regulation as it was proposed on June 7, which combines the functions and pur 1967. The revised proposal follows: § 11.1 Purpose. pose of a self-contained breathing appa Pursuant to section 4 of the Adminis The regulations in this part set forth ratus with those of another type of res trative Procedure Act (60 Stat. 238; 5 the requirements for certification or ap piratory protective device described in U.S.C. 1003), notice is hereby given that proval of self-contained breathing ap another part. under authority contained in the Act of paratus. (m) “Compressed breathing gas” is oxygen or air stored in the apparatus and May 16, 1910 (36 Stat. 370; 30 U.S.C. 3, § 11.2 Definitions. 5, and 7), as amended, it is proposed to supplied to the wearer in a gaseous form. revise the regulations issued as Part 11 As used in this part: (n) “Liquefied breathing gas” is oxy of Chapter I, Title 30, Code of Federal (a) A “self-contained breathing ap gen or air stored in the apparatus in liq Regulations. The current regulations paratus” or “apparatus” is a completely uid form and supplied to the wearer were adopted September 22,1956 (21 F.R. assembled, portable, self-contained de in a gaseous form. 7234) and the fees were revised on March vice designed to provide respiratory pro (o) “Applicant” means an individual, 23, 1965 (30 F.R. 3752). tection against irrespirable gases, vapors, partnership, company, corporation, as The purposes of the proposed revision aerosols, or combinations thereof, and sociation, or other organization that de are to bring up to date the regulations against oxygen-deficient atmospheres. signs, manufactures, assembles, or con to incorporate technologic advances in (b) “Bureau” means the Bureau of trols the assembly of an apparatus and the design and construction of self-con Mines of the U.S. Department of the that seeks a certificate of approval there- tained breathing apparatus, to provide Interior. of. (c) An “approved” apparatus is one for wider variety of equipment to better conforming to the requirements of this §11.3 Consultation. fit new environmental conditions, to im By appointment, applicants or their prove the method of categorizing and part and having a certificate of approval to that effect. representatives may visit the Bureau’s identifying the equipment, and to re (d) A “certificate of approval” is a Health and Safety Research and Testing state the fees to reflect increases in formal document issued by the Bureau Center, 4800 Forbes Avenue, Pittsburgh, actual costs of investigations, tests, certi stating that the apparatus has met the Pa. 15213, to discuss with qualified Bu fication, and approval. requirements of this part. It authorizes reau personnel proposed self-contained In accordance with the policy of the the use and attachment of an official ap breathing apparatus to be submitted m Department of the Interior, interested proval label or marking to indicate this. accordance with the regulations of this persons may submit written comments, (e) A “closed-circuit” apparatus is one part. No charge is made for such con suggestions, or objections with respect to in which the exhaled air is rebreathed sultation and no written report thereoi the proposed revision of the regulations by the wearer after the carbon dioxide will be made to the applicant. to the Director, Bureau of Mines, Interior has been effectively removed and the ox L.4 T ypes o f apparatus. Building, Washington, D.C. 20240, within ygen concentration restored. a) Types of apparatus covered by the 30 days after the date of publication in (f) An “open circuit” apparatus is one from which exhaled air is vented to the the F ederal R egister. atmosphere and not rebreathed. W alter R. Hibbard, Jr„ (g) A “demand-type” apparatus is an (1) An apparatus for entry into or Director, Bureau of Mines. open-circuit apparatus in which the escape from oxygen-deficient atmos-
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 PROPOSED RULE MAKING 4469 pheres or irrespirable vapors, gases, or drawing or described on an attachment (c) Facepiece alone______$355 aerosols. to the drawing to which it applies. (d) Fees for tests of unusually compli (2) Apparatus for escape only from (c) Duplicate sets of detailed drawings cated apparatus, for unusual tests, or oxygen-deficient atmospheres or from ir and specifications shall be a part of the tests not included in this list or for tests respirable vapors, gases, or aerosols. application. These shall fully describe required for extensions of approval, will (b) Apparatus covered by the require the construction, dimensions, composi be based on the actual costs of testing, ments of this part are further classified tion, materials, finishes, and assembly of which will bp estimated in advance by according to their design as: all parts of the apparatus. the Bureau. The applicant will be notified (1) Closed-circuit apparatus. (i) Com (d) The application shall state that, accordingly, and the fee shall be paid be pressed-oxygen; when tested by the applicant or his test fore tests are begun. Any surplus will be (ii) Oxygen-generating; ing agency, the apparatus has met the refunded to the applicant. (iii) Liquid-oxygen. pertinent requirements of Subparts B (e) Where an apparatus requires less (2) Open-circuit apparatus (using and C of this part. Two copies of the re than a complete investigation, the fee compressed or liquefied breathing gas). sults of the applicant’s inspections and will be in proportion to the work in (i) Demand-type; tests shall accompany the application. volved. If the applicant cannot deter (ii) Pressure-demand type. The Bureau will, upon request, provide mine the fee, the Bureau will notify him (3) Combinations of closed-circuit and the applicant with drawings and descrip of the proper fee required. Any surplus open-circuit apparatus. An apparatus of tions of test equipment and will assist will be refunded to the applicant. this type shall meet the applicable re the applicant where possible in setting N o t e : If a self-contained breathing appara quirements of both closed-circuit and up a test laboratory or obtaining the tus fails to pass any of the required tests and open-circuit classifications. services of a testing agency. the applicant notifies the Bureau to termi (c) Apparatus covered by the require (e) The application shall state that nate further investigation or testing, the Bu ments of this part are also classified reau will return to the applicant any part the apparatus is completely developed of the fee not applied to its compensation according to the length of time they will and is a finished marketable product. for services. If the self-contained breathing provide respiratory protection (as deter (f) The application shall describe the apparatus is resubmitted for testing and ap mined by the Bureau’s tests) as follows: functionof the apparatus and the opera proval after correcting the deficiencies, the (1) Pour hours. tion of its parts. additional fee will be estimated in advance by (2) Three hours. (g) The application shall state how the Bureau and the applicant will be notified (3) Two hours. production items will be tested to main accordingly. Such fee shall be paid before (4) One hour. tain quality control of the apparatus and tests are begun. (5) Thirty minutes. its component parts. The Bureau may §11.7 Dale for testing. (6) Fifteen minutes. have its qualified representative (s) in (7) Ten minutes. spect the applicant’s control-test meth The date of acceptance of an appli (8) Three minutes. ods, equipment, and records, and may cation will determine its order of prece interview the personnel who conduct the dence for investigation and testing. The Only apparatus classified for 15 minutes control tests, at all reasonable times. applicant, if he so specifies, will be noti service time, or longer, will be approved (h) When the Bureau notifies the ap fied of the date when tests on his appara for purposes of entry into and escape plicant that the application has been tus will begin. If an apparatus fails to from an irrespirable atmosphere. Appa meet any of the requirements, it shall ratus classified for less than 1-hour serv accepted, it will also inform him of the lose its order of precedence. If the appli ice time will not be approved for use in number of complete apparatus and extra cation is resubmitted, after the cause of underground mining, tunneling, and parts that will be required for testing. failure has been corrected, it will be similar operations except as auxiliary All test materials shall be delivered treated as a new application. equipment. Auxiliary equipment will not (charges prepaid) to the Bureau of be approved for a rated service time less Mines, Health and Safety Research and § 11.8 Conduct of investigations, tests, than one half hour. Apparatus with a Testing Center, 4800 Forbes Avenue, and demonstrations. rated service time of 3 minutes or 10 Pittsburgh, Pa. 15213, Attention: Ap (a) Prior to the issuance of a certifi minutes will not be approved for entry proval and Testing. cate of approval, only Bureau personnel, into an irrespirable atmosphere. The § 11.6 Fees. representatives of the applicant, and maximum rated service time for any self- The following fees are charged for such other persons as may be mutually contained breathing apparatus for self- inspecting and testing self-contained agreed upon, may observe the investiga rescue is 30 minutes. tions or tests. The Bureau shall hold as breathing apparatus. confidential, and shall not disclose, prin § 11.5 Applications. (a) Apparatus for entry into or es ciples or patentable features prior to (a) No investigation or testing (incape entry into or escap certification. It shall not disclose any cluding retesting of apparatus that has cape from oxygen-deficient atmospheres analyses, nor any details of the appli been previously tested and disapproved) or irrespirable vapors, gases, or aerosols. (1) Complete 4-hour self-contained cant’s drawings, specifications, and re will be undertaken hereunder by the breathing apparatus inspection and lated material. The conduct of all inves ■Bureau except pursuant to a written ap te s ts ______- _____ $3,465 tigations, tests, and demonstrations shall o n ^ 011.’ *n duplicate, accompanied by (2) Complete 3-hour self-contained be under the sole direction and control ail drawings, specifications, descriptions, breathing apparatus inspection - and of the Bureau. Any other persons shall be and related matters and also a check, te s ts ______:______;______$3,275 present only as observers as required draft, or money order, payable to under paragraph (c) of this section. «he Bureau of Mines to cover the fees, (3) Complete 2-hour self-contained (b) After the issuance of a certificate ■ihe application and all related matters breathing apparatus inspection and of approval, the Bureau may conduct and correspondence concerning it shall tests ______$3,080 such public demonstrations and tests of he addressed to the Bureau of Mines, (4) Complete 1-hour self-contained the approved apparatus as it deems ealth and Safety Research and Testing breathing apparatus inspection and appropriate. Renter, 4800 Forbes Avenue, Pittsburgh, tests ______‘ $2,890 (c) When requested by the Bureau, Testiii attention: Approval and (5) Complete Vk-hour self-contained the applicant shall provide assistance breathing apparatus inspection and in assembling or disassembling the appa 9^ Drawings, specifications, and de- te sts______$2,610 ratus and its components, subassemblies, criptions shall be adequate in detail to (6) Complete Vi-hour self-contained or assemblies for testing, in preparing aentify fully all components and sub- breathing apparatus inspection and the apparatus and its components, sub- semblies and the assembled apparatus. te sts______$2,090 assemblies, or assemblies for testing, and .drawings shall include title, number, (b) Apparatus for escape only from in operating the apparatus during the JP® date* any revision dates shall be oxygen-deficient atmospheres or from ir tests. nf ^ ni?n drawings, and the purpose respirable v a p o r s , gases, or aero (d) Applicants shall be responsible for ach revision shall be shown on the sols ______$1,735 their representatives present during tests
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4470 PROPOSED RULE MAKING and for observers admitted at their re ord will be returned to the applicant at constructed for maximum safety of the quest and shall save the Government his request and expense. wearer. Parts requiring frequent replace harmless in the event of damage to appli (b) As soon as a certified apparatus isment shall be easily replaceable and after cant’s property or injury to applicant’s commercially available, the applicant such replacement the effectiveness of representatives or to observers admitted shall deliver one complete unit free of the apparatus shall be restored. The con at their request. charge to the Bureau of Mines, Health struction of the apparatus shall readily § 11.9 Certificate of approval. and Safety Research and Testing Center, permit inspection, testing, and repair of functional parts by persons skilled in (a) Certificates of approval will be 4800 Forbes Avenue, Pittsburgh, Pa. 15213, Attention: Approval and Testing. such work. All parts requiring cleaning issued hereunder only for completely as and disinfection shall be readily ac sembled apparatus, and not for com § 11.12 Changes after certification. cessible for this purpose. All parts of the ponent parts or subassemblies. If an applicant desires to change any apparatus that are in direct contact with (b) Upon completion of the investiga feature of a certified apparatus, he shall portions of the wearer’s body shall be of tion and testing of an apparatus, the Bu first obtain the Bureau’s approval of the nonirritating composition. reau will issue to the applicant either a change, pursuant to the following pro (b) Breathing gas requirements. Self- certificate of approval or a written notice cedure: contained breathing apparatus shall be of disapproval. Informal notifications of (a) Application shall be made as for approved for use only when it supplies approval will not be issued. If a certif respirable breathing gas to the wearer. icate of approval is issued, no test data an original certificate of approval, re questing that the existing certification be Oxygen (including liquid oxygen) shall or detailed results will accompany it. If meet the requirements of the United a notice of disapproval is issued,, it will extended to cover the proposed change(s). The application shall be ac States Pharmacopeia for medical or be accompanied by any available infor breathing oxygen. Compressed (gase mation about the defects, with a view to companied by drawings, specifications, and related material in full detail. ous) breathing air shall meet the most possible correction. The Bureau will not recent requirements of the Compressed disclose, except to the applicant, any in (b) The application and accompany ing material will be examined by the Gas Association Commodity Specifica formation on an apparatus upon which a tion for Air, G-7.1, Type I, Grade D, notice of disapproval has been issued. Bureau to determine whether testing will be required. The Bureau will inform the gaseous - air. Compressed (liquified) (c) A certificate of approval will be breathing air shall meet the most recent accompanied by a list of drawings and applicant of the fee required for any test ing involved. requirements of the Compressed Gas specifications covering the details of de Association Commodity Specification for sign and construction of the apparatus. (c) If the proposed modification meets Air, G-7.1, Type II, Grade B, liquid air. The applicant shall keep exact duplicates the requirements of this part, a formal In no case, however, the named specifi of the drawings and specifications sub extension of certification will be issued, cations notwithstanding, shall the mitted to the Bureau. The approved accompanied by a list of new and revised breathing air supplied by the apparatus drawings and specifications shall be ad drawings and specifications covering the contain less than 20.5 volume-percent of hered to exactly in commercial produc change (s). oxygen (see also § 11.31(d) (4)). No ap tion of the certified apparatus. § 11.13 Withdrawal of certification. paratus will be approved for inter § 11.10 Approval labels and markings. The Bureau reserves the right to re changeable use of air and oxygen. (a) A certificate of approval will be scind, for cause, any certificate of ap (c) Requirements and tests for com accompanied by photograph (s) of de proval issued under this part. ponent parts. The following require signisi of approval label(s). Legible re ments shall apply to all self-contained productions of the entire label (s) shall Subpart B— Design, Construction, breathing apparatus, except where spe be attached permanently to each appa Requirements, and Bench Tests cifically indicated below. ratus. When, in the Bureau’s opinion, § 11.20 Design and construction. (1) Facepiece. If a facepiece is used, there is insufficient space, or some other it shall assure a gas-tight fit on persons valid reason, the label (s) may be repro (a) The Bureau will only investigate of widely varying facial shapes and sizes. duced on the apparatus instructions. The and test apparatus that, in its opinion, is The applicant shall certify that the eye label (s) will bear the seal of the Bureau constructed of suitable materials, evi piece (s) meets the pertinent require of Mines, the approval number, the dences good workmanship, and is de ments for impact and penetration spec manufacturer’s name and address, the signed on sound engineering and scien ified in the most recent United States duration of use for which the apparatus tific principles. The following factors of of America Standards Institute Safety is approved, and the limitations or con design and construction will be evalu Code for Eye Protection. The wearer’s ditions for safè and efficient use of the ated: Safety; distribution of weight; field of vision shall be adequate and not apparatus. durability of construction; practicability distorted by the eyepiece(s). The design (b) The Bureau will notify the appli of wearer use including comfort, field of of facepiece shall minimize eyepiece fog cant if any additional labels or markings vision, fit of mouthpiece, noseclip, face- ging. Facepiece exhalation valves or will be required on subassemblies and piece, and harness; and performance pressure relief valves and inhalation parts. during investigation and testing, includ valves shall be protected against distor (c) Full-scale reproductions of ap ing any adverse" effects on the wearer of tion. An adjustable head harness capa proval labels and markings and a sketch the apparatus. ble of maintaining tension under all or description of their method of applica (b) All possible designs, assemblies, or circumstances shall be furnished. The tion and position on the apparatus shall combination of materials and compo facepiece shall have,, or be capable of be submitted to the Bureau for approval nents cannot be foreseen. The Bureau, having added to it, a provision for the before final adoption. therefore, reserves the right to modify or use of corrective spectacles. The use of (d) Use of the Bureau’s approval label omit any test(s) or part(s) of any test(s) spectacles shall not reduce the respira obligates the applicant to maintain the described in Subparts B and C of this tory protective qualities of the apparatus. quality of the apparatus and to guarantee part, or to perform other test(s) not spe (2) Mouthpiece and noseclip. I* ® that it is manufactured according to the cifically stated, in order to obtain the mouthpiece and noseclip are used, both drawings and specifications upon which necessary information and to provide shall be provided. An adjustable head the certificate of approval is based. The the same degree of safety as required by harness capable of maintaining tension approval label shall be used only by the the test requirements described in this under all circumstances shall be fu*' applicant. part. The Bureau will notify the appli nished. They shall provide an air-tight § 11.11 Material required for record. cant of any changes in the tests or re seal and shall be securely attached to the (a) The Bureau will retain, as part ofquirements. apparatus to prevent accidental loss. the permanent record of each investiga (3) Gas and liquid container is). Com tion, a complete apparatus and any Com § 11.21 Requirements and tests. pressed -breathing gas containef (s) shah ponent thereof that has been tested and (a) General requirements. All parts be acceptable for interstate shipment certified. Material not required for rec of the apparatus shall be designed and when fully charged and shall comply
FEDERAL REGISTER, VOL. 33, NO. SO— WEDNESDAY, MARCH 13, 1968 PROPOSED RULE MAKING 4471 with pertinent requirements in Interstate be accurately calibrated in minutes of re of 622 kg-m /m in1 will be used. The air Commerce Commission Specification 3AA maining service life. It shall be discern within the bag(s) shall not contain more or other applicable ICC regulation. Com ible by the wearer’s sight and touch while than 100 parts per million of gasoline pressed-breathing gas container valves the apparatus is in use. The timer shall vapor at the end of the test. shall be equipped with outlet threads warn the wearer for not less than 10 sec (9) Carrying or storage container. specified for the service by the United onds after the preset time has elapsed. Where a carrying or storage container or States of America Standards Institute (6) Remaining service-life indicator bracket is supplied by the applicant for Standard for Compressed Gas Cylinder or warning. Apparatus (except apparatus use with a self-contained breathing ap Valve Outlet and Inlet Connections, only for self-rescue) using compressed- paratus, the container shall be examined B57.1—1965. Containers that are nor breathing gas shall have a remaining and approved by the Bureau as part of mally removed from the apparatus for service-life indicator or warning device the complete apparatus. refilling shall be permanently and legibly in addition to a pressure gage. The de (10) Safety relief valves or system. All marked with the name of their contents, vice shall operate automatically, without closed-circuit appartus shall be provided such as compressed-breathing air, com preadjustment by the wearer, when the with a safety pressure-relief valve or pressed-breathing oxygen , liquefied- remaining service life is reduced to be system that will release excess pressure breathing air, or liquefied-breathing oxy tween 20 and 25 percent of the rated in the breathing circuit. Excess pressure gen. Compressed-breathing-gas contain service time of the apparatus. If the de in the breathing circuit is defined as V2- ers, when they are normally removed vice depends on gas flow, the maximum inch-water-column height of pressure, from the apparatus for refilling, shall be flow-rate of gas used to operate such a or more, above the minimum pressure equipped with a dial-indicating gage to device shall not exceed 4 liters per min required to fill the breathing bag within show container pressure. The gage shall ute. When used on closed-circuit ap the resistance requirements in para meet the requirements of subparagraph paratus, not more than 1 liter per minute graph (d) (2) of this section. The safety (4) of this paragraph. of the actuating gas shall be permitted relief valve, or system shall be operated (4) Gages, (i) Compressed-breathing-to escape from the breathing circuit. automatically by the pressure on the in gas container gages shall be calibrated in (7) Hand-overated valves, (i) Valves halation side of the bag. The valve or pounds per square inch and may also shall be designed so that the stem cannot system shall also permit manual over be calibrated in fractions of total con be completely removed from the valve riding for test purposes and in the event tainer capacity. body during normal usage and so that the of failure of the safety relief valve or (ii) Gas pressure gages (except com full pressure of the container cannot be system. The safety relief valve or system pressed-breathing-gas container gages) released suddenly when the valve is shall be designed to prevent external at shall be calibrated either in pounds per opened. Valves that must be manipulated mospheres from entering the breathing square inch or in fractions of the total during the use of the apparatus shall be circuit. container capacity, or both. positioned where they can be readily (iii) Liquid-level gages shall be cali (d) Requirements and tests for com operated by the wearer. Valves shall be plete apparatus— (1) Weight. The com brated in fractions of the total container protected from damage by external capacity and may also be calibrated in pletely assembled and fully charged ap forces. Valves shall be easily distinguish paratus shall not weigh more than 35 units of liquid volume. able from each other and shall be de m Dial-indicating gages shall be re pounds; except that when the weight of signed or positioned to prevent acci an apparatus decreases by more than 25 liable to within 5 percent of full scale dental closing. when tested both up and down the scale percent of its initial charge weight dur at each of 10 equal intervals. The full (ii) A main-line valve shall be pro ing its service life, the completely as scale graduation of the gage shall not be vided, in addition to a gas-container sembled and fully charged apparatus m excess of 150 percent of the maximum valve(s), if it is needed to conserve gas shall not weigh more than 40 pounds. cylinder pressure allowed under appli in the event of regulator or demand When an apparatus is equipped with a cable regulations of the Interstate Com valve failure, except as provided in sub device which would contribute materially merce Commission. division (iv) of this subparagraph. ~ to the wearer’s comfort (such as a cool (v) Stem-type gages shall be readible (iii) A hand-operated bypass system ing system), the completely assembled by sight and by touch and shall have a shall be provided to permit the wearer to and fully charged apparatus shall not stem travel distance of not less than one- breathe and to conserve his gas supply if weigh more than 40 pounds regardless of quarter inch between each graduation. At the regulator or demand valve fails ex the decrease in weight during use. «,^Ve graduations shall be engraved cept as provided in subdivision (iv) of (2) Breathing resistance— (i) Inhala on the stem, including empty, one-quar- this subparagraph. The bypass control tion. Resistance to airflow will be meas ter, one-half, three-quarters, and full, shall be colored red. ured at the facepiece while the appara tern gage readings shall not vary from (iv) A main-line valve and bypass sys tus is operated by a breathing machine ^ readings by more than %6-inch per tem will not be required on apparatus as described in paragraph (c) (8) of this inch of stem travel. for escape only. section. The inhalation resistance of (vi) The loss of gas through a broken (8) Breathing bag. When a breathing open-circuit apparatus shall not exceed fvn °a ®ev.ered gage connection shall not bag(s) is used on an apparatus (except 1.25-inch-water-column height. The in exceed 70 liters per minute when the cyl- for self-rescue only), it shall be designed halation resistance of closed-circuit ap , pressure is 1,000 pounds per square or protected to prevent damage or col paratus shall not exceed the difference or the liquid level at one-half. lapse from external force. The bag(s) of between exhalation resistance and 4 When a gage is connected to the all apparatus shall be of sufficient volume inches of water-column height. of the apparatus through a to prevent gas waste during exhalation (11) Exhalation. Resistance to airflow a means shall be provided to and to provide an adequate réserve for at the facepiece of open-circuit appar S t « , gage and line from the appa- inhalation, as determined by man tests atus will be measured with air flowing drvBc. failure of the gage or line described in Subpart C of this part. The at a continuous rate of 85 liters per min Ufo r\-p lmPair Performance or service bag(s) shall be flexible and resistant to ute. The exhalation resistance of de me of the apparatus. gasoline vapors. The bag(s) will be tested mand apparatus shall not exceed 1 inch w™P°<
No. 50___ 4 FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4472 PROPOSED RULE MAKING not exceed 1.5 inches of water-column (iii) The concentration of carbon di The Bureau will specify, in the certifi height. oxide at the mouth shall be continuously cate of approval and on the approval Resistance to airflow at the facepiece recorded. The maximum average concen label, the limitations which shall apply of closed-circuit apparatus will be meas tration dining the inhalation portion of to the use of the combination respiratory ured as described in subdivision (i) of the breathing cycle shall be less than the protective device. following: (b) When the device is a combination this subparagraph. The exhalation re Maximum sistance shall not exceed 2 inches of self-contained breathing apparatus and allowable air line respirator (supplied-air respira water-column height. average (3) Gas flow— (i) Open-circuit appa concentration tor) either a manual or automatic ratus. A static-flow test will be performed of carbon valve (s) shall be provided to change to on all open-circuit apparatus. The flow dioxide in the self-contained air supply if the air from the apparatus shall be greater than inspired air, line supply fails, and to prevent the 200 liters per minute when the face- percent by wearer breathing contaminated air from piece pressure is lowered by 2 inches Where the rated service time is: volume the outside atmosphere. If a manual water-column height below the static Not more than 30 minutes____ _2.5 valve is provided, it shall be easily opera 1 hour______2.0 ble and located in a position which is pressure when full container pressure 2 hours______1.5 is applied. Where compressed-breathing- convenient to the wearer; a warning de 3 hours______1.0 vice shall be provided to alert the wearer gas containers are Used, the flow test 4 hours______1.0 shall also be made with 500 p.s.i.g. con when the self-contained air supply falls tainer pressure applied. (iv> In addition, during the man tests below 80 percent of its full container (ii) Closed-circuit apparatus. If oxy described in Tables 1 through 4 in § 11.31, pressure. If an automatic valve is pro gen is supplied by a constant-flow device gas samples shall be taken from closed- vided, a warning device shall also be only, the rate of flow shall be at least circuit apparatus at a point downstream provided to alert the wearer that he is 3 liters per minute for the entire rated of the carbon dioxide sorbent. The breathing from the self-contained air service time of the apparatus. When con samples shall not contain more than 0.5 supply, (1) when his normal air line sup stant flow is used in conjunction with percent carbon dioxide at any time. ply fails, or (2) when the self-contained demand flow, the constant flow shall be (6) Low-temperature operation—(i) air supply falls below 80 percent of its greater than 1.5 liters per minute for the Open-circuit apparatus, (a) The appara full container pressure. A quick discon entire service time. The demand-flow tus will be precooled at —25° F. for 4 nect and check valve shall be provided device shall provide at least 20 liters of hours. It will then be worn in a low- between the apparatus and the air line oxygen per minute when it is in the fully temperature chamber at —25° F. for 30 supply hose to permit ready escape from open position. minutes or for the rated service time of the area, and to prevent loss of breath (4) Rated service time—(i) Open-cir the apparatus, whichever is less. During ing air from the device or inhaling the cuit apparatus. The apparatus will be this test there shall be alternate periods surrounding atmosphere, respectively. rated according to the length of time of exercise and rest for one minute each Sübpart C— Man Tests it supplies air or oxygen to a mechanical for the required time. The exercises to breathing machine. The breathing ma consist of stepping, onto and off a box §11.30 General description of tests. chine shall operate as described in para sy2 inches high at a rate of 30 cycles (a) The following tests represent the graph (c) (8) of this section. The service per minute. The apparauts shall function workload a man would perform while time obtained on this test will be used satisfactorily on duplicate tests. The wearing an apparatus in the mining, to classify the apparatus in § 11.4(c). wearer shall have sufficient unobscured minéral, and allied industries. (ii) Closed-circuit apparatus. The ap vision to perform the work. The wearer (b) The apparatus will be worn by paratus will be rated according to the shall not experience undue discomfort Bureau of Mines personnel who are length of time it supplies adequate because of airflow restriction or other trained in the use of self-contained breathing gas to the wearer as required physical or chemical changes in the breathing apparatus. Before participa in subparagraphs (2) (inhalation resist operation of the apparatus. tion in any of these tests, the wearer ance) and (5) (carbon dioxide concen- (b) If necessary, auxiliary low-temshall pass a physical examination by a tation) of this paragraph, and during perature parts may be used on the ap qualified physician. If a test is not com man test No. 4 described in Table 4, paratus to meet the requirements of this pleted through no fault of the apparatus, § 11.31. The service time obtained on man test. These parts shall be commercially the test shall be repeated. test No. 4 will be used to classify the available to the user of the apparatus. (c) Breathing resistance will be meas apparatus in § 11.4(c). (ii) Closed-circuit apparatus. The ap ured within the facepiece or mouthpiece. (5) Carbon dioxide in inspired gas. plicant shall specify the minimum tem The wearer’s pulse and respiration rates (i) Open-circuit apparatus: The con perature for safe operation. Three per will be recorded during the 2-minute centration of carbon dioxide in inspired sons will perform the tests described in sample periods indicated in Tests 1 gas will be measured at the mouth while subdivision (i) of this subparagraph, throügh 4, below. These will evaluate the the apparatus mounted on a dummy head wearing the apparatus according to the wearer’s physiological reactions to wear is operated by a breathing machine. H ie applicant’s directions at the minimum ing the apparatus. breathing rate shall be 14.5 respirations temperature specified by the applicant. (d) All tests will be conducted by the per minute with a minute-volume of 10.5 At the specified temperature, the appa Bureau of Mines in an appropriate liters. A sedentary breathing machine ratus shall meet all the requirements de gallery. cam 2 shall be used. The apparatus shall scribed in subdivision (i) of this sub- (e) H ie apparatus will be examined be tested at a temperature of 80°±5° F, paragraph. A concentration of 5 percent carbon di before each test to make certain it is in oxide in air shall be exhaled into the § 11.22 Requirements for combination proper working order. facepiece. Tested in this manner, the self-contained breathing apparatus § 11.31 Test procedures and require- and another^type of respiratory pro apparatus shall meet the requirements of tective device. m ents. subdivision (iii) of this subparagraph. Tests 1 through 6, inclusive shall be (ii) Closed-circuit apparatus: The (a)- Respiratory protective devices combining the characteristics of a self- performed in duplicate. concentration of carbon dioxide will be (a) Tests 1, 2, 3, and 4. The duration of measured at the mouth while the parts contained breathing apparatus and another type of respiratory protective specific activities and their sequence for of the apparatus contributing to dead-air Tests 1 through 4 are given in Tables space are mounted on a dummy head. device shall meet the requirements of this part as well as the requirements of 1 through 4. These tests are designed to Tested in this manner the apparatus familiarize the wearer with the ap shall meet the requirements of subdivi any other part which is applicable to the paratus, provide a gradual increase m sion (iii) of this subparagraph. total purpose of the device for which activity, evaluate the apparatus under approval is sought. The approval, i f different types of work and physical e Work cited in footnote 1. granted, will be issued under this part. orientation of the wearer, and to provide
FEDERAL REGISTER, VOL. 33, NO. SO— WEDNESDAY, MARCH 10, 1968 PROPOSED RULE MAKING 4 4 7 3
information on the operating and breath T able 1.—D uration and Sequence of Specific Activities F or T est 1, in Minutes ing characteristics of the apparatus under anticipated conditions of use. Rated-service time— (b) Test 5. This test will determine the Activity piflYimum length of time the apparatus 3 minutes 10 minutes 15 minutes 30 minutes 1 hour 2, 3, and 4 hours will supply the respiratory needs of the wearer while he is sitting at rest. The Sampling and readings. 2 2 2 Perform 1 hour test 2, 3, or 4 wearer will manipulate the devices con times, respec trolling the supply of breathing gas to tively. Walks at 3 miles per 3 3 4 8 18 the advantage of the apparatus. Samples hour. of the atmosphere within the apparatus Sampling and readings. 2 2 2 2 shall be taken once every 15 minutes for Walks at 3 miles per 3 5 8 18 hour. apparatus with rated service times of 1 Sampling and readings...... 2 2 2 2 hour or less and once every 30 minutes Walks at 3 miles per 6 16 hour. for apparatus rated over 1 hour. One Sampling and readings. sample will be taken in the case of 3- and 2 2 10-minute apparatus. (c) Test 6. This test is applicable to T able 2.—D uration and Sequence of Specific Activities for T est 2, in Minutes liquifled-breathing gas apparatus only. It Bated service time— is designed to evaluate operation of the Activity apparatus in other than vertical posi tions. The wearer shall lie face down 3 minutes 10 minutes 15 minutes 30 minutes 1 hour ward for one-fourth the service life of the apparatus with both full and one- Sampling and readings. 2______2 2 2. Walks at 3 miles per 1______1 ...... 3 6 10. quarter full charges of liquified gas. The hour. test will be repeated with the wearer ly Carries 50 pound 1 time in 2 1 time in 2 2 times in 4 4 times in 8 5 times in 10 weight over over minutes. minutes. minutes. minutes. minutes. ing on each side and on his back. The cast. oxygen content of the gas supplied to the Walks at 3 miles per 1...... 3 3 5. hour. wearer by the apparatus will be contin Climbs vertical tread 1...... 1...... 1 ...... 1 . 1 1. uously measured. mill 1 (or equivalent). (d) General requirements. (1) The ap Walks at 3 miles per 1...... 3 5. paratus shall satisfy the respiratory re hour. Climbs vertical tread 1 1. quirements of the wearer for the rated mill (or equivalent). service time. Sampling and read 2 . 2 2. (2) Fogging of the eyepiece (s) shall ings. Walks at 3 miles per 2...... 2 5 11. not obscure the wearer’s vision and the hour. Climbs vertical tread- 1...... 1___ i 1. wearer shall not experience undue dis miU (or equivalent). comfort because of fit or other charac Carries 50 pound 1 time in 2 3 times in 6 5 times in 10 5 times in 10 weight over over minutes. minutes. minutes. minutes. teristics of the apparatus. cast. Sampling and readings. 2...... 2 • (3) The temperature of inspired air Walks at 3 miles per 1...... 3___ 3 hour. should be minimal. The maximum tem Climbs vertical 1...... 1 .. . 1 Then repeat perature of inspired air during man tests treadmill, above activi or equivalent. ties once. shall not exceed the following: Walks at 3 miles per 2...... 3 hour. Climbs vertical tread 1 Maximum mill (or equivalent). Where per permissible Carries 45 pound 1...... 2 Where service life of cent relative temperature weight and walks at apparatus is— humidity of (°F) of 3 miles per hour. inspired air inspired air Walks at 3 miles per 1...... _ 4 is— . shall not hour. exceed— Sampling and readings. 2...... 2 .. . 2
H hour or less . 0-50 125 1 Total test time for Test 2 for 2-hour, 3-hour, and 4-hour apparatus is 2 hours. 50-100 110 * Treadmill shall be inclined 15 degrees from vertical and operated at a speed of 1 foot per second. H to 2 ho u rs...... 0-50 115 60-100 105 T able 3.—D uration and Sequence of Specific A ctivities for T est 3, in Minutes More than 2 hours 0-50 105 50-100 95 Rated service time—• Activity
Man tests will be conducted only when 3 minutes 10 minutes 15 minutes 30 minutes 1 hour 2,3, and 4 hours1 the ambient temperature is between 65° F. and 85° F., except as provided in Sampling and readings. 2 ___ 2 2 Perform Test § 11.21(d). Walks at 3 miles per 1 ______l_ 2__ 3. No. 3 for 1 hour. hour ap (4) The concentration of oxygen in Runs at 6 miles per 1...... 1 ______1 1.. 1; paratus, then hour. perform Test the inhaled air shall not be less than 20.5 Pulls 45 pound weight 30 times in 30 times in 60 times in No. 1 for 1 volume-percent. to 5 feet. 2 minutes. 2 minutes. 6 minutes. hour ap Lies on side______Ji ...... 1...... 2______3 .. 5. paratus. Lies on back______H ...... 2______2__ 3. § 11.32 Gas tightness tests. Crawls on hands and 1...... 1___ 2. 2__ 2. knees. Each apparatus will be tested for tight Sampling and readings. 2 . 2...... 2. Runs at 6 miles per Ï 1 — 1; ness by persons wearing it first in an hour. Walks at 3 miles per 2__ 10. a mosphere of 1,000 p.p.m. isoamyl ace- hour. a e and ^ en in a '2 volume-percent test Pulls 45 pound weight 30 times in 60 times in 60 times in to 5 feet. 2 minutes. 6 minutes. 6 minutes. concentration of phosgene. To meet the Sampling and readings. 2____ 2. Walks at 3 miles per 1______3__ 10: eqmrements of this test, six persons hour. ail each wear the apparatus in the test Lies on side______4: Lies on back______li shaue!!^a^ions *or ^ niinutes and none Sampling and readings. 2___ 2: gases de^6C*' 0<*0r or taste of the test 1 Total test time for Test 3 for 2-hour, 3-hour, and 4-hour apparatus is 2 hours.1
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4474 PROPOSED RULE MAKING
T able 4.—D ubation and Sequence of Specific Activities foe T est 4, in Minutes
Rated service time— Activity 3 minutes 10 minutes 15 minutes 30 minutes 1 hour 2 hours 3 hours 4 hours
Sampling and readings______2______Perform test Perform test Perform test Walks at 3 miles per hour_____ 2. No. 1 for 30- No. 1 for 1- No. 1 for 1- Climbs vertical treadmill1 (or 1. ■ minute ap hour appa hour appa equivalent). paratus, then ratus, then ratus, then Walks at 3 miles per hour_____ 2. perform test perform test perform test Pulls 45 pound weight to 5 feet. 30 times in 2 30 times in 2 60 times in 5 60 times in 5 No. 4 for 1- No. 4 for 1- No. 4 for 1- minutes. minutes. minutes. minutes. hour appa hour appa hour appa Walks at 3 miles per h o u r ...... ___ 1...... 1...... 1______3. ratus, then ratus, then ratus, then Carries 50 pound weight over over 1 time in 1 1 time in 1 4 times in 8 perform test perform test perform test cast. minute. minute. minutes. No. 1 for 30- No. 1 for 1- No. 1 for 1- Sampling and readings______2 ...... 2. minute ap hour appa-%* hour appa Walks at 3 miles per hour______... 1...... 3 ..._____;. 4. paratus. ratus. ratus twice, Runs at 6 miles per hour____ ;___ 1...... 1...... 1. (i.e., 2-one Carries 50 pound weight over over 1 time in 1 1 time in 1 2 times in 3 6 times in 9 hour tests). cast. minute. minute. minutes. minutes. Pulls 45 pound weight to 5 feet___ 15 times in 1 15 times in 1 60 times in 5 36 times in 3 minute. minute. minutes. minutes. Sampling and readings______2 ...... 2...... 2. Walks at 3 miles per hour_____ 6. Pulls 45 pound weight to 5 feet. 60 times in 5 minutes. Carries 45 pound weight and walks at 3 miles per hour. 3. Sampling and readings______2.
1 Treadmill shall be inclined 15 degrees from vertical and operated at a speed of 1 foot per second. [F.R. Doc. 68-2978; Filed, Mar. 12, 1968; 8:45 a.m.]
uniform prices returned to them would modulation monitor which it claims DEPARTMENT OF AGRICULTURE result in inadequate income for current offers substantial advantages over con production conditions. ventional monitors. However, it has cer Consumer and Marketing Service All persons who desire to submit writ tain features and characteristics which [ 7 CFR Part 1073 1 ten data, views, or arguments in connec do not meet the present type approval tion with the proposed suspension should specifications. Accordingly, Collins seeks MILK IN WICHITA, KANS., file the same with the Hearing Clerk, appropriate changes in these specifica MARKETING AREA Room 112-A, Administration Building, tions so that its new monitor will be TJ.S. Department of Agriculture, Wash eligible for type approval. In particular, Notice of Proposed Suspension of ington, D.C. 20250, not later than 3 days the Collins monitor does not incorporate: Certain Provisions of Order from the date of publication of this no (a) A DC meter for setting the aver Notice is hereby given that, pursuant tice in the F ederal R egister. All docu age rectified carrier at a specific value, to the provisions of the Agricultural ments filed should be in quadruplicate. and for detecting carrier shift (required Marketing Agreement Act of 1937, as All written submissions made pursuant by § 73.50(b) (1)). amended (7 U.S.C. 601 et seq.), the sus to this notice will be made available for (b) A semipeak meter of prescribed pension of certain provisions of the order public inspection at the office of the ballistic characteristics for indicating regulating the handling of milk in the Hearing Clerk during regular business percentage of modulation (required by hours (7 CFR 1.27(b)). § 73.50(b) (3) ). Wichita, Kans., marketing area is being 3. In lieu of the semipeak meter, the considered for the period through Signed at Washington, D.C., on Collins instrument incorporates a series November 1968. March 7, 1968. of four indicating lights, with associated The provisions proposed to be sus J oh n C. B lum , circuitry so arranged that the lights pended are § 1073.71(g), (h), (i), (j), Deputy Administrator, will glow successively as peak modula and (k) relating to the seasonal incentive Regulatory Programs. tion equals or exceeds 25 percent, 50 payment plan of the order. [FJR. Doc. 68-3053; Filed, Mar. 12, 1968; percent, 85 percent, and 100 percent. 1. The provisions being considered for 8:47 a.m.] That is, if peak modulation is always suspension are those which would reduce less than 25 percent, all lights are dark; if by 20 cents per hundredweight the uni peaks equal or exceed 25 percent, b u t are form price to be paid producers for milk leas than 50 percent, only the first light delivered in each month of April FEDERAL COMMUNICATIONS flashes; if modulation percentage equals through June to provide a fund to be or exceeds 50 percent, but is less than 85 used in increasing the uniform prices to COMMISSION percent, the first and second lights flash, be paid producers in each month of Sep [ 47 CFR Part 73 1 etc. The indicating lights respond rapidly tember through November. These provi [Docket No. 18063; FCC 68-250] to peaks, but the time constant of the sions do not affect costs of milk to han circuitry immediately associated with dlers, and the suspension will not affect AM MODULATION MONITORS each indicator is such that it remains overall returns to producers. lighted for a fixed minimum period re 2. Suspension of the seasonal incen Elimination of Requirement of Meters as Indicators gardless of the duration of the actuat tive payment plan provisions for the ing peak, as tabulated below: year 1968 was requested by Milk Pro In the matter of amendment of Part ducers, Inc., Kansas Division, a coopera 73 of the Commission’s rules and regula Percentage Time tive association representing about 95 Indicator Illuminated tions to eliminate the requirement for (milliseconds) percent of the supply for the market. meters as indicators on AM modulation (percent) 3. The producers for the Wichita mar monitors; Docket No. 18063, RM-1208. 25 ___ 1120 1, On October 13, 1967, Collins Radio 50 700 ket have not been paid òn the basis of 85 450 the seasonal incentive plan since it was Co. (Collins) filed a petition for rule 100 ______280 made effective September 1, 1966. These making proposing amendment or aug provisions were suspended for the year mentation of pertinent portions of Part Collins does n o t state what con sid era of 1967 at the request of a predecessor 73 governing the‘requirements for type tions entered into the determination oi cooperative association. The cooperative approval of amplitude modulation the illumination times o f the various association now requests suspension be monitors. indicators, or why the times are gradu cause member producers contend that 2. Collins has developed a new AM ated in the manner shown above.
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 PROPOSED RULE MAKING 4475 4. Each light is actuated by an inte periods of time, thus insuring that their specifications so narrow as to preclude grated circuit comparator which con indications will be noticed. type approval of monitors embodying tinuously compares the amplitiude of the 10. It should initially be noted that the such variations in design. audio modulation with a DC voltage ob use of battery of lights to indicate modu 15. Collins claims that the “digital” tained by rectification of the RF input. lation percentages is not a new idea output of its monitor facilitates the Thus, the full DC voltage is equal to the made possible by the employment of transmittal of accurate modulation indi average value of the modulation en comparator circuitry (rather, the use of cations to a remote control point. Because velope, which for symmetrical modula such circuitry may have required the of the almost complete omission by tion is the carrier amplitude. The in substitution of such an indicating sys manufacturers of remote control equip dividual comparators select appropriate tem for the semipeak meter), but is an ment of facilities for the transmittal of proportions of this DC voltage, sampled indicating system which could easily the “digital” indications of the peak from a precision divider, to balance have been incorporated in monitors of flasher of the conventional monitor over against the modulation peaks in actuat earlier design, had advantages of such their systems, presumably because of ing the lights for percentages of modula a system over the semipeak meter been technical difficulties, this claim cannot tion less than 100. apparent. While the indicating level of be accepted without further examination. 5. Since the comparison is accurately each light presumably may be more pre 16. In view of the above, we desire made, whatever the carrier level at any cisely defined using comparator circuitry comment by monitoring and broadcast particular moment, it is unnecessary to (Collins gives no accuracy figure), there ing equipment manufacturers, manu adjust thè input carrier to a predeter is no reason for believing that the facturers of remote control equipment, mined level. Accordingly, no meter is accuracy of indication of a battery of broadcasters and other interested parties provided for this purpose. Collins indi lights using other circuitry would be concerning, but not limited to the follow cates that the carrier level may vary over unsatisfactory. ing points : a range of ±25 percent without affecting 11. A monitor whose indications are the accuracy of indication. (1) Should the specifications for type substantially unaffected by changes in approved amplitude modulation moni 6. The Collins monitor has a fifth indi carrier input level, of course, offers the tors be modified to permit approval of cator light which may be set by a manual possibility for greater accuracy in day- monitors utilizing indicating light dis control to respond to any desired level of to-day operation over the type approved modulation. The purpose of this light is plays in lieu of semipeak meters? monitor, particularly when used by sta (2) To which extent should such speci similar to that of the peak indicating tions operated by remote control where fications define and limit the type of dis light required by § 73.50(b) (2), but, like the operator may not have access to the the other indicators on the Collins in- play permitted? carrier level meter or the input control (3) What are the considerations which strmnent, it is actuated by a comparator. of the regular monitor. However, unless determine the number of indicating This indicator has a longer illumination the indicating system employed is a fully levels, the value of these levels, and the period than any of the fixed indicators. adequate substitute for the semipeak absolute and relative illumination pe 7. Collins alleges its monitor en meter, any benefits derived from the riods of the indicating lights? joys the following advantages over elimination of carrier levels dependency monitors meeting existing type approval (4) Should the Commission specify a may not be realized. minimum accuracy for such an indicat specifications: 12. We are unable to say, on the basis (a) “Much higher practical accuracy ing system, and what should be the na and consistency.” of such material as Collins has submit ture of such a specification? ted, that the indicating system it pro (5) What are the problems encount (b) It indicates true modulation peaks, poses, consisting of a series of lights with rather than quasi-peaks, ered in transmitting accurate modula graduated illumination times, depicting tion indications to a remote control « ^ e^minates the necessity for set ting the RF input level before reading modulation amplitudes in four rather point, particularly with regard to peaks modulation percentage. broad brackets constitutes such a fully which may result in over modulation? adequate substitute, ’ let alone an im Does the Collins monitor, or one of sim ¡M > ^he output and display are in provement over the present indicating ilar design, offer a solution to these prob digital form” (thus making it suitable system. lems? - lor accurate reproduction at a remote control point). 13. In writing type approval specifica (6) Assuming that the light display tions for monitors using this type of in 8* A modulation monitor has two main is the only type of modulation indication Purposes: dication, unless the Commission can find feasible in a modulation monitor so a display having the characteristics of designed that its accuracy is unaffected . ^ Provides for indication of peak that embodied in the Collins monitor is by changes in carrier level, are the ad modulation levels as a means for avoid- not only adequate, but optimum (which vantages gained in this respect suffi overmodulation and its harmful it obviously cannot do) and with its cient to justify the use of an indicating specifications around this display, it must system which might be adjudged more „J;*3'* It is a means for observing t develop at least minimum standards rudimentary than the semipeak meter? general degree of modulation, whi for all monitors using such a display (7) Are joint tests, involving a panel w f “ attained at a substantl system. Absent such standards, the pos of observers, desirable or necessary to lf X® carrier power is to be ei ciently utilized. sible combinations of the number of in finally determine the parameters of in dicating lights, firing levels, and illumi dicating light system? s w the type approved monitor d nation times are so great as to make it (8) What provision should be made in t w J r ? *?ain burden for determinii extremely unlikely that two monitors of monitors having no carrier reference f a i l ; 1* at which overmodulation occu different manufacture would give similar and/or semipeak meter for the effectu S Ï Ï .Ï Ï L 5 8 peak flasher, since t] indications of the same modulation en ation of audio proof-of-performance surh °t the semipeak meter a velope. measurement? S i o S r i ? ls mcapable of indicating tl 14. While, in the Collins monitor, both ¿T ^ pll,ÿde of short modulation peal 17. Accordingly, comments and reply the carrier level meter and semipeak comments are requested on the matters provHoC°ther4hand’ the semipeak met meter are eliminated, we have already hereinbefore set forth. Pursuant to ap moduw« an, indication of the averai noted the feasibility of designing a S alat^°n level. In the Collins monit plicable procedures set out in § 1.415 monitor which uses a light display in of the Commission’s rules, interested lndlcator light for 100 percei lieu of a semipeak meter, but one which S ’ j\upnlemented by the adjus parties may submit comments on or be might still require the carrier input to fore April 15, 1968, and replies to such lent of tv. mdlc,ator, provides the equivi be set at a prescribed level. The possibility reflnol,th® peak flasher, with the furth comments on or before April 30, 1968. also exists for a monitor design utilizing All relevant and timely comments and - J W *hat these indicating lighl a semipeak indicator whose accuracy is when actuate by a modulation pea reply comments will be considered by unaffected by changes in carrier level. the Commission before final action is S e ? ®îtremely short duration^ The desirability for uniformity in moni illuminated for appreciab taken in this proceeding. In reaching tor design presumably should not dictate its decision, the Commission may also ■4 FEDERAL REGISTER, VO L 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4476 PROPOSED RULE MAKING take into account other relevant in formation before it, in addition to the specific comments invited by this notice. 18. Authority for the adoption of the rules proposed herein is contained in section 4(i) and 303(b) of the Communi cations Act of 1934, as amended. 19. In accordance with the provisions of § 1.419 of the rules, an original and 14 copies of all comments, pleadings, briefs, and other documents shall be furnished the Commission. Adopted: March 6,1968. Released: March 8,1968. F ederal Communications Co m m issio n,1 [seal] B en F. W aple, Secretary. [F.R. Doc. 68-3090; Filed, Mar. 12, 1968; 8:49 a.m.]
1 Commissioners Hyde, Chairman; and Lee absent.
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4477 Notices
ment, Room T-9003, Federal Office Official leasing maps in a set of 15, DEPARTMENT OF STATE Building, 701 Loyola Avenue, New Or which contains the maps for the areas Agency for International Development leans, La., or Post Office Box 53226, New in which the tracts being offered for Orleans, La., 70150, will be received until lease may be located, can be purchased [Delegation erf Authority 77] 9:30 a.m., c.s.t., on May 21, 1968, for the for $5 per set. The official leasing maps, PRINCIPAL U.S. DIPLOMATIC lease of oil and gas in certain areas of the copies of the lease form (Form 3380-1, Outer Continental Shelf, adjacent to the February 1966) as well as the Compli OFFICER IN CHINA State of Texas. Bids will be opened at ance Report Certification (Form 1140-1, Delegation of Authority Regarding 10 a.m., c.s.t., May 21, 1968, in the Grand November-1966) may be obtained from Administration of A.I.D. Program Ballroom of the Sheraton-Charles Hotel, the above-listed Manager or the Man 211 St. Charles Street, New Orleans, La. ager, Eastern States Land Office, 7981 Pursuant to the authority delegated to On that day bids may be delivered in Eastern Avenue, Silver Spring, Md. me by Delegation of Authority No. 104 person to the Manager, New Orleans 20910. from the Secretary of State of Novem Outer Continental Shelf Office, Bureau Operations under leases which may be ber 3,1961 (26 F.R. 10608), I hereby dele of Land Management, at the Grand Ball issued pursuant to this sale will be sub gate to the principal diplomatic officer room in the Sheraton-Charles Hotel be ject to provisions for the protection of of the United States in China with tween 8:30 a.m., c.s.t., and 9:30 a.m., fishing operations and aquatic values. respect to the administration of the c.s.t. No bids received by mail or in person The tracts offered for bid are as fol foreign assistance program within the after 9:30 a.m., c.s.t., will be accepted. lows: country to which he is accredited, the All bids must be submitted in accord T exas authorities delegated to Directors of ance with applicable regulations, par OFFICIAL LEASING MAP, TEXAS MAP NO. 5 Missions of the Agency for International ticularly 43 CFR 3382.1, 3382.3, and (Approved July 16,1954; Kevised January 23,1967) Development (A.I.D.) in the following 3382.4. Each bidder must submit the cer BRAZOS AREA delegations, subject to the limitations tification required by 41 CFR 60-1.6 (b) applicable to the exercise of such author and Executive Order No. 11246 of Sep Tract No. Block ities by A.I.D. Mission Directors: tember 24, 1965, on Form 1140-1, No Description Acreage (1) Unpublished Delegation of Au vember 1966. Bids may not be modified thority Tex. 214___ 411...... SEJá ___ 1.440 of January 10, 1955; or withdrawn unless written modifica Tex. 215.... 411______SWJï.____ 1.440 (2) Delegation of Authority of Novem tions or withdrawals are received prior Tex. 216___ 412...... A ll...... 5.760 Tex. 217..... 41 3 -_____ 5.760 ber 2 6 ,1954, as amended (19 F.R. 8049) ; to the end of the period fixed for the Tex. 218___ 414______5.760 (3) Paragraphs 4 and 5 of Delegation filing of bids. Bidders are warned against Tex. 219___ 433...... _ 5.760 violation of section 1860 of Title 18 U.S.C. Tex. 220___ 434______5.760 of Authority of September 28, 1960 (25 Tex. 221___ 435...... 6.760 F JR. 9927). prohibiting unlawful combination or in Tex. 222___ 436...... _ NEM...... 1.440 timidation of bidders. Attention is di Tex. 223___ 436______SE&...... 1.440 In addition to the foregoing, there is Tex. 224___ 436______sw )2...... 1.440 hereby delegated to the aforesaid prin rected to the nondiscrimination clauses Tex. 225___ 436— __ NW&...... 1.440 in section 2(k) of the lease agreement Tex. 226___ 470...... All 5.760 cipal diplomatic officer the authorities Tex. 227___ 471_____ 5.760 delegated to A.I.D. Mission Directors in (Form 3380-1, February 1966). Bidders Tex. 228___ A-l — 5.760 existing A.I.D. manual orders, regula must submit with each bid, one-fifth of Tex. 229___ 505...... 5.760 the amount bid, in cash or by cashier’s Tex. 230___ 506...... 5.760 tions, memoranda and other instructions. Tex. 231___ 508______5.760 check, bank draft, certified check, or Tex. 232___ 509...... 5.760 The authority delegated herein may be money order, payable to the order of the Tex. 233___ 513...... 5.760 redelegated, subject to the concurrence Tex. 234___ 514...... 5.760 Bureau of Land Management. The leases Tex. 235___ 538...... 5.760 of the Assistant Administrator, Bureau will provide foi^a royalty rate of one- Tex. 236___ 539______5.760 for East Asia, A.I.D. Washington. Tex. 237___ 540...... 6.760 sixth, and a yearly rental or minimum Tex. 238___ 541 ... 5.760 This delegation of authority shall be royalty of $3 per acre or fraction there Tex. 239___ A-7______5.760 deemed effective as of March 4,1968. of. The successful bidder will be required Tex. 240___ 543______5.760 Tex. 241___ 544...... 5.760 Dated: March 5, 1968. to pay the remainder of the bid and the Tex. 242___ 571...... 5.760 Tex. 243___ 572______5.760 first year’s rental of $3 per acre or frac Tex. 244___ W illiam S. Gaud, 579______5.760 tion thereof and furnish an acceptable Tex. 245___ 580...... 5.760 Administrator. surety bond as required in 43 CFR 3384.1 Tex. 246___ 581...... 5.760 Tex. 247___ 584...... 5.760 [F.R. Doc. 68-3062; Piled, Mar. 12, 1968; prior to the issuance of each lease. Tex. 248___ 611______57,60 8:47 a m ] Bids will be considered on the basis of Tex. 249___ 612...... 5.760 Tex. 250___ A-22...... 5.760 the highest cash bonus offered for a tract Tex. 251___ A-43...... 5.760 but no total bid amounting to less than Tex. 252___ 613— ...... 5.760 $25 per acre or fraction thereof will be DEPARTMENT OF THE INTERIOR considered. The UJ3. Government re OFFICIAL LEASING MAP, TEXAS MAP NO. 5B Bureau of Land Management serves the right to reject any and all bids (Approved September 24, 1959: Revised January 23. even though the bid may exceed the 1967) OUTER CONTINENTAL SHELF minimum referred to previously. Oil pay BRAZOS AREA—SOUTH ADDITION OFF TEXAS ment, overriding royalty, logarithmic or sliding scale bids will not be considered. Tex. 253___ A-46 _. All______5.760 Oil and Gas Lease Sale No bid for less than a full tract, as listed Tex. 254___ A-471— 5.760 Tex. 255___ A-60_____ 5.760 * ? suant to section 8 of the Outer below, will be considered. Tex. 256___ A-71...... 5.760 A separate bid, in a separate sealed Tex. 257___ A-72...... 6.760 S i S S * 1 Shelf Lands Act (67 Stat. Tex. 258___ A-75...... 5.760 inH’^ U.S.C. 1331 et seq.) and the regu- envelope, must be submitted for each Tex. 259___ A-76_____ 5.760 issued thereunder (43 CFR Part tract. The envelope should be endorsed Tex. 260... A-84______do...... 5.760 Tex. 261___ A-102...... ___ do __ 6.760 asror bids addressed to the Man- “Sealed bid for oil and gas lease, Texas Tex. 262___ A-103...... 5.760 (insert number of tract) not to be opened Tex. 263___ A-104...... ____ do...... 5, 760 ShPif 2 2 ? ° rleans Outer Continental Tex. 264___ A-105...... neif Office, Bureau of Land Manage until 10 a.m., cjs.t., April 16, 1968.” 5¡ 760 3
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4478 NOTICES
OFFICIAL LEASING MAP, TEXAS MAP NO. 6 (Approved July 16,1954; Revised January 23,1967) T ra ct N o . B lo ck Description A creage Tract Total Amount Amount No. amount per acre submitted GALVESTON AR E A bid with bid Tex. 348___ 106______NWM ...... — 1,440 A ll______5.760 115 If . . Tract No. Block Description Acreage Tfex. 350____ 116...... ____ d o _ ...... 5.760 Tex. 351___ 117...... d o ...... 5,760 Tex. 352 131...... 5.760 Tex. 265___ 209...... AU______5,760 Tex. 353 132.... 5.760 Tex. 266___ 210______5, 760 Tex. 354. 143 NEM ...... 1.440 Tex. 267___ 211______NEM ...... 1,440 Tex. 355 143 s e M ...... 1.440 211...... SEM______1.440 Tex. 356 143 sw 'M ______... 1.440 Signature Tex. 269___ 211______SWM...... 1.440 Tex. 357 196 All' ~ ...... Si 760 Tex. 270___ 211...... NWM...... :.. 1.440 Tex. 358. A -5______5.760 Tex. 271___ 212...... NEM ...... 1,440 Tex. 359 A-6-. 5.760 Signature Tex. 272___ 212______SEM...... - 1.440 Tex. 360 A-9___ 5.760 Tex. 273... 212______SWM______1.440 Tex. 361___ 205 5.760 Important: The bid must be accom Tex. 274... 212.... NWM...... 1.440 Tex. 362____ 206 5.760 panied by one-fifth of the total amount Tex. 275___ 223... NEM ______1.440 Tex. 363 207...... 5.760 Tex. 276___ 223______SEM'-______1.440 Tex. 364 228 5.760 bid. This amount may be in cash, money Tex. 277... 223... SWM______1.440 Tex. 365 229 5.760 order, cashier’s check, certified check, or Tex. 278___ 223... NWM______1.440 230______d o ...... 5.760 224_____ All ' ______5.760 Tex. 367 231 5.760 bank draft. A separate bid must be made Tex. 280___ 225______do______5.760 Tex. 368 234 6.760 for each tract. Tex. 281___ 226______5.760 Tex. 369 235. 5.760 Tex. 282___ 227______do______5.760 Tex. 370___ A-34______d o ...... 5.760 Eugene V. Zumwalt, Tex. 283 239.... 5.760 240 . 5.760 Acting Associate Director, Tex. 285 . 241 . NEM ...... 1,440 OFFICIAL LEASING MAP, TEXAS MAP NO. 7A Bureau of Land Management. . Tex. 286 . 241 .. SEM!...... l ’ 440 Tex. 287 . 241 SWM...... 1,440 (Approved January 23, 1967) Approved: March 8,1968. 241...... NWM...... 1.440 HIGH ISLAND AREA-EAST ADDITION 242...... NEM ...... 1.440 S tewart L. Udall, 242 ...... SEM'-...... 1.440 Secretary of the Interior. 242 . . SWM...... 1.440 Tex. 371___ 74 _ All______5,760 Tex. 292 . 242 NWM...... 1.440 Tex. 372___ 75 —_ 2,880 [F.R. Doc. 68-3066; Filed, Mar. 11, 1968; 254 ...... All ' ~...... 5.760 Tex. 373___ 7 6 ______2,926.53 8:50 a.m.] 255 ...... 5.760 Tex. 374___ 84 —. 5,760 Tex. 295 256 ...... 6.760 Tex. 375___ 85 _____- 5.760 282 ...... NEM ...... 1.440 Tex. 376-.- 118 —. 5.760 Tex. 297 282 . . SE M...... 1.440 Tex. 377___ 119 5,760 [C-2515] Tex. 298... 282...... SWM...... 1.440 Tex. 378___ 128 —. 4,364.41 282 NWM—______1.440 Tex. 379___ 129 5,760 COLORADO 283...... All ' ~...... 5.760 Tex. 380—.. A-226 5,760 Tex. 301... 284 _____ 5.760 Tex. 381— A-227 5.760 Notice of Proposed Withdrawal and Tex. 302.. 289 _____ 5.760 Tex. 382___ A-228 5.760 Tex. 303. 301 ______5.760 Reservation of Lands 302 . NEM ______1.440 Tex. 305-_ 302 ... SEM...... 1.440 March Tex. 306 -. 302 _____ SWM______1.440 Some of the tracts offered for lease may 6, 1968. Tex. 307 . 302 ...... NWM...... 1.440 fall in fairway areas (including pro The Forest Service, U.S. Department Tex. 308 303 . n e m ...... 1.440 303______SEM______1.440 longations thereof) or anchorage areas, of Agriculture, has filed an application, Tex. 310 .. 303 _____ SWM-...... 1.440 or both, as designated by the District Serial No. C-2515, for -the withdrawal of Tex. 311 - 303 - . n w m ...... - 1.440 Tex. 312 326 . . AU.'.!...... 5.760 Engineer, Galveston District, Corps of the lands described below from all forms Tex. 313.... 327...____ ...... do...... 5.760 Engineers, U.S. Army. For the location of appropriation under the public land Tex. 314___ 350______...... do...... 5,760 of these areas and for operational re laws. Mineral rights are in third parties Tex. 315___ 351______do...... - 5,760 Tex. 316___ 352...... ____do...... 5, 760 strictions imposed by that Agency, the and are not affected by the proposed Tex. 317___ 355______...... do...... 5,760 District Engineer should be consulted. withdrawal. Tex. 318___ 356______...... do__...... 5,760 Tex. 319___ 392...... ____do...... 5,760 Leases issued pursuant to this notice The Forest Service desires the land to Tex. 320___ 419______do...... 5,760 - will be subject to all rules and regula consolidate management responsibility Tex. 321___ 420...... do...... 5,760 tions which the Secretary of the Interior Tex. 322___ 421______...... do...... 6,760 within the Uncompahgre National Forest Tex. 323___ 426______do...... 5,760 is authorized to prescribe and adminis as provided by Public Law 87-524, July 9, Tex. 324___ 427______...... do...... 5,760 ter under the Outer Continental Shelf Tex. 325___ 428...... do...... 6,760 1962 (76 Stat. 140). Tex. 326___ 429...... do...... 5,760 Lands Act (43 U.S.C. secs. 1331-1343) For a period of 30 days from the date Tex. 327___ 460______...... do...... 5,760 including rules and regulations for the of publication of this notice, all persons Tex. 328___ 461...... do...... - 5,760 ' Tex. 329___ 462...... do...... 5,760 prevention of waste and for conservation who wish to submit comments, sugges Tex. 330..., A-84_____ 5,760 of the natural resources of the Outer tions, or objections in connection with Continental Shelf. The protection of cor the proposed withdrawal may present i This block is within the area of the Galveston Block relative rights therein will be prescribed their views in writing to the undersigned 288 Unit Agreement (No. 14-08-0001-8670), approved by and administered by the Secretary of the Manage the Acting Director , of the ..Geological Survey on Apr. officer of the Bureau of Land 13, 1965. Shell Oil Co. is the approved Unit Operator. Interior effective as of the effective date ment, Department of the Interior, Colo The Unit Agreement prescribes the conditions for joinder of such rules and regulations. In the rado Land Office, Room 15019, Federal and may be inspected in the offices of the U.S. Geological Survey, Washington, D.C., and New Orleans, La. event a cooperative agreement is con Building, 1961 Stout Street, Denver, cluded between the Secretary and the Colo. 80202. OFFICIAL LEASING MAP, TEXAS MAP NO. 7 conservation agency of the State of The Department’s regulations (43 (Approved July 16, 1954; Revised August 1955; January Texas with respect to enforcement of CFR 2311.1-3 (c)) provide that the au 23,1967) conservation laws, rules and regulations thorized officer of the Bureau of Land HIGH ISLAND AREA pursuant to section 5 of the Act, the Management will undertake such in lessee will be given notice thereof by vestigations as are necessary to deter Tex. 331 53 SWM ...... 1,440 publication in the F ederal R egister. mine the existing and potential demand Tex. 332___ 53...... w m s e m ; 1,260 SEMSEM; Bidders are requested to submit their for the lands and their resources. He WMNEMSEM- bids in the following form: will also undertake negotiations with Tex 333 67 ...... NEH ...... 1.440 the applicant agency with the view of Tex 334 68 NWM ...... 1.440 Manager, Bureau of Land Management, De Tex 335 71 . N E M - - — - ______1.440 partment of the Interior, Post Office Box adjusting the application to reduce the Tex. 336 71 .. SEM...... 1.440 Tex. 337 71 -- SWM ...... 1.440 53226, T-9003 Federal Office Building, New area to the minimum essential to meet Tex. 338 71 ______n w M ...... 1.440 Orleans, La. 70150. the applicant’s needs, to provide for the Tex. 339 72 ... NEM ...... 1.440 Tex. 340 72 ...... SEM!___-...... 1.440 Oil and Gas Bid maximum concurrent utilization of the Tex. 341 72 ...... SWM---- ...... --- 1.440 Tex. 342 72__ NWM ...... 1.440 The following bid is submitted for an oil lands for purposes other than the appli" Tex. 343 73 All ' ' . 5.760 and gas lease on land of the Outer Conti cant’s, to eliminate lands needed for Tëx. 34 4 .... 86...... —.. d o ...... — 5.760 nental Shelf specified below: Tex. 345___ 87...... d o ...... 5.760 A rea______purposes more essential than the appli" Tex. 346 88 ...... 5.760 cant’s, and to reach agreement on the Tex. 347___ 105...... SEM...... 1.440 Official Leasing Map No______
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4479 concurrent management of the lands and their resources. DEPARTMENT OF AGRICULTURE The authorized officer will also pre pare a report for consideration by the Packers and Stockyards Administration Secretary of the Interior who will deter BONNERS FERRY-COEUR D’ALENE LIVESTOCK, INC., ET AL. mine whether or not the lands will be withdrawn as requested by the applicant Notice of Changes in Names of Posted Stockyards agency. It has been ascertained, and notice is hereby given, that the names of the livestock The determination of the Secretary markets referred to herein, which were posted on the respective dates specified on the application will be published in below as being subject to the provisions of the Packers and Stockyards Act, 1921, as the Federal R egister. A separate notice amended (7 U.S.C. 181 et seq.), have been changed as indicated below. will be sent to each interested party of Original name of stockyard, location, Current name of stockyard and record. and date of posting date of change in name If circumstances warrant, a public hearing will be'held at a convenient Idaho time and place, which will bq announced. Bonners Ferry-Coeur d’Alene Livestock, Inc., Bon- Bonners Ferry Livestock, Inc., Jan. 2, The lands involved in the application ners Ferry, Oct. 13,1959. 1968. are: Southern Idaho Stockyards, Inc., Twin Falls, Twin Falls Livestock Commission Com- Nov. 10,1937. pany, Dec. 29,1967. New Mexico Principal Meridian, Colorado Indiana T. 44 N„ R. 8 W., Ridgeville Sale Barn, RidgeviUe, Sept. 10,1963. Ridgeville Livestock Inc., Oct. 1,1967. Sec. 16, S%NWi/4, N%SW&. T. 46 N., R. 4 W„ ; Kentucky Sec. 14, NW*/4SWy4. Winchester Stock Yards, Winchester, Feb. 27, 1931. Winchester Stockyards, Inc., Jan. 31, 1968. The areas described aggregate approx Mississippi imately 200 acres. Hattiesburg Livestock Yards, Inc., Hattiesburg, Hattiesburg Livestock Market, Nov. 22, J. Elliott Hall, Jan. 6,1959. 1967. Land Office Manager. Nebraska [FR. Doc. 68-3049; Filed, Mar. 12, 1968; Superior Livestock Commission Company, Supe- Superior Livestock Commission Com- 8:46 am.] rior, Aug. 15,1955. pany, Inc., Jan. 1,1968. North Dakota [OR 1330] Jamestown Livestock Sales Company, Jamestown, Jamestown Livestock Sales, Jan. 1, 1968. May 29,1959. OREGON Watford City Auction, Watford City, June 1, 1959. Badlands Auction Company (a Corp.), Order Providing for Opening of Jan. 1,1968. Oklahoma Public Lands Woods County Livestock Auction, Alva, Oct. 10, Alva Sales Co., Nov. 24,1967. ; March 6,1968. 1949. 1. In an exchange of lands made un Pennsylvania der the provisions of section 8 of the Wyalusing Sale, Wyalusing, Nov. 4,1959, Wyalusing Livestock Market, Feb. 16, Act of June 28, 1934 (48 Stat. 1272), as 1968. amended June 26, 1936 (49 Stat. 1976; South Dakota 43 U.S.C. 315g), the following lands have Gettysburg Livestock Sales Co., Inc., Gettysburg, Gettysburg Livestock Sales Company, been reconveyed to the United States: June 26,1956. Inc., Jan. 30,1968. Willamette Meridian Done at Washington, D.C., this 7th day of March 1968. T. 13 S., R. 37 E., G. H. H opper, Sec. 10, Sy2SE^; Acting Chief, Registrations, Bonds, and Reports Branch, Livestock Mar Sec. 11, Sy2SWi/4; keting Division. Sec. 14, SWi,4NW}4, NW>/4SWy4; [FR. Doc. 68-3094; Filed, Mar. 12, 1968; 8:50 am.] Sec. 15, SE^NE^, NEJ4SE%, excepting therefrom road right-of-way conveyed to Baker County, recorded June 3, 1925, CRAWFORD COUNTY LIVESTOCK Roy Baker Sales Co., Inc., Butler, Mo., May 18, Book 103, page 472, Deeds. 1959. AUCTION, INC., ET AL. The areas described aggregate 32 M.F.A. Livestock Association, Inc., Cole Camp acres. Concentration Point, Cole Camp, Mo., Deposting of Stockyards Sept. 16, 1966. 2. The lands are located in Bake It has been ascertained, and notice is M.F.A. Livestock Association, Inc., Eldon They are semiarid in characte hereby given, that the livestock markets Concentration Point, Eldon, Mo., Sept. 22, • fr f10^ suitable for farming. 1966. named herein, originally posted on the College View Live-Stock Commission Com rJy . . •*ec^ valid existing rights, th respective dates specified below as being provisions of existing withdrawals, an pany, Lincoln, Nebr., Nov. 9, 1964. subject to the Packers and Stockyards Lincoln Livestock Commission Co., Lincoln, i ^ / equirements of applicable law, th Act, 1921, as amended (7 U.S.C. i81 et Nebr., May 1,1959. arf hereby open to applicatior seq.), no longer come within the defini Union Stock Yards, Dayton, Ohio, Nov. 1, petition location and selection. All vali tion of a stockyard under said Act and 1921. applications received at or prior to 1 are, therefore, no longer subject to the Producers Livestock Association, Hicksville, as 1968> shall be considered Ohio, June 1,1959. provisions of the Act. Hickory Auction & Sales, Inc., Hickory, Pa., Thrf1Ulta.neously med at that time Name, location of stockyards, and date of Feb.1,1960. thereafter shall be con posting Ellensburg Sales Yard, Inc., Ellensburg, sidered m the order of filing. Wash., Oct. 6, 1959. shn,1i?KUiri^s concerning the„ land Crawford County Livestock Auction, Inc., Walla Walla Livestock Commission Co., Inc., Van Buren, Ark., Dec. 15, 1958. Walla WaUa, Wash., Oct. 13, 1959. addressed to the Chief, Divi Geneseo Sales Co., Geneseo, 111., Oct. 25, 1966. Manner a Jraii.^s and Minerals, Progran Muncie National Stock Yards, Muncie, Ind., Notice or other public procedure has Land ° fflce> Post Offio Mar. 5, 1924. not preceded promulgation of the fore ox 2965, Portland, Oreg. 97208. Wesley Livestock Market, Wesley, Iowa, May 16, 1959. going rule since it is found that the giv Virgil O. S eiser, Exeter Livestock Sales, Exeter, Maine, ing of such notice would prevent the due Chief, Branch of Lands. Feb.26, 1966. and timely administration of the Packers F-R. Doc. 68-3050; Filed, Mar. 12, 1968 Peeler’s Livestock Barn No, 1, Kosciusko, and Stockyards Act and would, therefore, 8:46 am.] Miss., Jan. 13,1959. be impracticable and contrary to the
No. 50----- 5 FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4480 NOTICES public interest. There is no legal warrant known domestic electron microscope is research fellows in the neurological sci or justification for not deposting the Model EMU-4 manufactured by the ences and the techniques of electron promptly a stockyard which is no longer Radio Corporation of America (RCA), microscopy. Comments: No comments within the definition of that term con which has a guaranteed resolution of 8 have been received with respect to this tained in the Act. Angstroms. (The lower the numerical application. Decision: Application ap The foregoing is in the nature of a rule rating in terms of Angstroms units, the proved. No instrument or apparatus of granting an exemption or relieving a re better the resolving capabilities.) For equivalent scientific value to the foreign striction and, therefore, may be made the purposes for which the foreign article article, for the purposes for which such effective in less than 30 days after pub is intended to be used, the best attainable article is intended to be used, is'being lication in the F ederal R egister. This resolution is necessary. Therefore, the manufactured in the United States. notice shall become effective upon pub additional resolving capabilities provided Reasons: The foreign article provides lication in the F ederal R egister. by the foreign article are pertinent. (2) accelerating voltages of 25 and 50 kilo (42 Stat. 159, as amended and supplemented; The foreign article has accelerating volt volts. The only known domestic electron 7U.S.C. 181 etseq.) ages of 30, 40, 50, 60, and 80 kilovolts, microscope is the Model EMU-4 manu whereas the RCA Model EMU-4 has only factured by the Radio Corporation of Done at Washington, D.C„ this 6th 50 and 100 kilovolt accelerating voltages. America (RCA), which provides acceler day of March 1968. It has been experimentally established ating voltages of 50 and 100 kilovolts. G. H. Hopper, that the lower accelerating voltages af It has been experimentally established Acting Chief, Registrations, ford better contrast for unstained bio that the lower accelerating voltage pro Bonds, and Reports Branch, logical specimens and that the voltages vides optimum contrast for unstained, Livestock Marketing Division. intermediate between 50 and 100 kilo ultrathin biological specimens. The ac [F.R. Doc. 68-3095; Filed, Mar. 12, 1968; volts afford optimum contrast for nega complishment of the purposes for which 8:50 a.m.] tively stained specimens. Both unstained the foreign article is intended to be used and negatively stained biological speci involves the use of unstained ultrathin mens are involved in accomplishing the biological specimens and, consequently, purposes for which the foreign article is the lower accelerating voltage provided DEPARTMENT OF COMMERCE intended to be used and, therefore, the by the foreign article is pertinent. Business and Defense Services additional accelerating voltages provided For this reason, the RCA Model EMU- by the foreign article are pertinent. 4 is not of equivalent scientific value to Administration For the foregoing reasons, we find that the foreign article for the purposes for CHILDREN’S MEDICAL CENTER the RCA Model EMU-4 is not of equiva which such article is intended to be used. lent scientific value to the foreign article The Department of Commerce knows Notice of Decision on Application for for the purposes for which such article of no other instrument or apparatus of Duty-Free Entry of Scientific Article is intended to be used. equivalent scientific value to the foreign The Department of Commerce knows article, for the purposes for which such The following is a decision on an ap of no other instrument or apparatus of plication for duty-free entry of a scien article is intended to be used, which is equivalent scientific value to the foreign being manufactured in the United States. tific article pursuant to section 6(c) of article, for the purposes for which such the Educational, Scientific, and Cultural article is intended to be used, which is Charley M. D enton, Materials Importation Act of 1966 (Pub being manufactured in the United States. Director, Office of Scientific and lic Law 89-651; 80 Stat. 897) arid the Technical Equipment, Busi regulations issued thereunder (32 F.R. Charley M. D enton, ness and Defense Services 2433 etseq.). Director, Office of Scientific and ' Administration. Technical Equipment, Busi A copy of the record pertaining to this [F.R. Doc. 68-3035; Filed, Mar. 12, 1968; decision is available for public review ness and Defense Services 8:45 a.m.] during ordinary business hours of the Administration. Department of Commerce, at the Office [F.R. Doc. 68-3033; Filed, Mar. 12, 1968; of Scientific and Technical Equipment, 8:45 a.m.] MICHIGAN STATE UNIVERSITY Department of Commerce, Room 5123, Washington, D.C. 20230. Notice of Decision on Application for Docket No. 68-00296-33-46040.. Appli MEDICAL COLLEGE OF VIRGINIA Duty-Free Entry of Scientific Article cant: Children’s Medical Center, 1935 Notice of Decision on Application for The following is a decision on an appli Amelia Street, Dallas, Tex. 75235. Article: Duty-Free Entry of Scientific Article cation for duty-free entry of a scientific Electron microscope, AE1 EM6B. Manu article pursuant to section 6(c) of the facturer: Associated Electrial Industries, The following is a decision on an appli Educational, Scientific, and Cultural Ma United Kingdom. Intended use of article: cation for duty-free entry of a scientific terials Importation Act of 1966 (Public The article will be used for clinical and article pursuant to section 6(c) of the Law 89-651; 80 Stat. 897) and the regu- experimental research involving the fol Educational, Scientific, and Cultural Ma lat.inriH issiipd thereunder (32 F.R. 2433 lowing: (a) Fine structure of the matura-, terials Importation Act of 1966 (Public etseq.). tion of tubules in the kidney; (b) mor Law 89-651; 80 Stat. 897) and the regu A copy of the record pertaining to phological effects of toxin on tubules in lations issued thereunder (32 F.R. 2433 this decision is available for public re the kidney; (c) exploration of future use etseq.). view during ordinary business hours o of the electron microscope as a routine A copy of the record pertaining to this the Department of Commerce, at tne tool in the diagonsis of disease, especial decision is available for public review Office of Scientific and Technical Equip ly of the kidney; (d) developing and ap during ordinary business hours of the De ment, Department of Commerce, Roo plying new and current methods of parti partment of Commerce, at the Office of 5123, Washington, D.C. 20230. cle preparation using bacterial and viral Scientific and Technical Equipment, De Docket No. 68-00258-33-46040. Appli injections in experiments to determine partment of Commerce, Room 5123, cant: Michigan State University Eas fine structure at the macromolecular Washington, D.C. 20230. Lansing, Mich. 48823. Article: Electron level. Comments: No comments have Docket No. 68-00294-33-46040. Appli cant: Medical College o: Virginia, 1200 microscope, Model EM 300 with deco been received with respect to this appli tamination device, 35-mm. film ho cation. Decision: Application approved. East Broad Street, Richmond, Va. 23219. Article: Electron microscope, Hitachi and transport mechanism, 70-mm. mn No instrument or apparatus of equiva holder and desiccator. Manufactur • lent scientific value to the foreign article, Perkin-Elmer Model HS-7S. Manufac N. V. Philips, The Netherlands. Intenaea for the purposes for which such article turer: Hitachi, Ltd., Japan. Intended use of article: The article will be usea is intended to be used', is being manu use of article: The article will be used for research into the structure and func for biological research to examine van factured in the United States. Reasons: negatively stained specimens and to (1) The foreign article has a guaranteed tion of the nervous system and for teach resolution of 5 Angstroms. The only ing residents in neurosurgery and termine specific subcellular relations iPs
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4481 as shown in the application. Comments: Docket No. 68-90299-00-46040. Appli the foreign article, for the purposes for No comments have been received. with cant: New York Medical College, Flower which such article is intended to be used, respect to this application. Decision: Ap and Fifth Avenue Hospital, Fifth Ave is being manufactured in the United plication approved. No instrument or nue at 106th Street, New York, N.Y. States. Reasons: (1) The foreign article apparatus of equivalent scientific value 10029. Article: Siemens electron micro provides a guaranteed resolution of five to the foreign article, for the purposes scope accessories. Manufacturer: Sie Angstroms. The only known domestic for which such article is intended to be mens AG, West Germany. Intended use electron microscope is the model EMU-4 used, is being manufactured in the United of article: Applicant states: “Measure manufactured by the Radio Corporation States. Reasons: (1) The foreign article ment of exact exposure time.” Com of America (RCA), which provides a provides a guaranteed resolution of 5 ments: No comments have been received guaranteed resolution of eight Ang Angstroms. The only known domestic with respect to this application. Decision: stroms. (The lower the numerical rating electron microscope is the Model EMU-4 Application approved. No instrument or in terms of Angstrom units, the better the manufactured by the Radio Corporation apparatus of equivalent scientific value resolving capabilities.) The additional of America (RCA), which provides a to the foreign article, for the purposes resolving capabilities provided by the guaranteed resolution of 8 Angstroms. for which such article is intended to be foreign article are pertinent to the pur (The lower the numerical rating in terms used, is being manufactured in the United poses for which the article is intended of Angstrom units, the better the resolv States. Reasons: The foreign article is to be used (2) The foreign article pro ing capabilities.) The additional resolv an accessory to an electron microscope vides accelerating voltages of 20, 40, 60, ing capabilities provided by the foreign now in the applicant’s possession, which 80, and 100 kilovolts, whereas the RCA article are pertinent to the purposes for was manufactured by Siemens Aktienge- Model EMU-4 provides only 50 and 100 which the article is intended to be used. sellschaf-t of West Germany. kilovolt accelerating voltages. It has been (2) The foreign article provides acceler The Department of Commerce knows experimentally established that the lower ating voltages of 20, 40, 60, 80, and 100 of no similar accessory being manufac accelerating voltage affords optimum kilovolts, whereas the RCA Model EMU-4 tured in the United States, which is in contrast for unstained biological speci provides only 50 and 100 kilovolt acceler terchangeable with the foreign article. mens and that the voltages intermediate ating voltages. It has been experimen between 50 and 100 kilovolts afford opti tally established that the lower acceler Charley M. Denton, Director, Office of Scientific and mum contract for negatively stained bio ating voltage affords optimum contrast logical specimens. The accomplishment for unstained biological specimens and Technical Equipment, Busi ness and Defense Services of the purposes for which the foreign that the voltages intermediate between Administration. article is intended to be used involves in 50 and 100 kilovolts afford optimum con vestigations with unstained and nega trast for negatively stained biological [F.R. Doc. 68—3037;' Filed, Mar. 12, 1968; 8:45 a.m.] tively stained specimens and, therefore, specimens. The accomplishment of the the additional accelerating voltages pro purposes for which the foreign article is vided by the foreign article are pertinent. intended to be used involves investiga RUTGERS MEDICAL SCHOOL For the foregoing reasons, we find that tions with unstained and negatively the RCA Model EMU—4 is not of equiva stained specimens and, therefore, the Notice of Decision on Application for lent scientific value to the foreign article, additional accelerating voltages provided Duty-Free Entry of Scientific Article for the purposes for which such article by the foreign article are pertinent. is intended to be used. For the foregoing reasons, we find that The following is a decision on an ap The Department of Commerce knows the RCA Model EMU-4 is not of equiva plication for duty-free entry of a scien of no other instrument or apparatus of lent scientific value to the foreign article, tific article pursuant to section 6(c) of equivalent scientific value to the foreign for the purposes for which such article the Educational, Scientific, and Cultural article, for the purposes for which such is intended to be used. Materials Importation Act of 1966 (Pub article is intended to be used, which is The Department of Commerce knows lic Law 89-651; 80 Stat. 897) and the being manufactured in the United States. of no other instrument or apparatus of regulations issued thereunder (32 F.R. equivalent scientific value to the foreign 2433 et seq.). Charley M. Denton, article, for the purposes for which such A copy of the record pertaining to this Director, Office of Scientific and article is intended to be used, which is decision is available, for public review Technical Equipment, Busi oemg manufactured in the United States. during ordinary business hours of the ness and Defense Services Department of Commerce, at the Office Administration. Charley M. D enton, of Scientific and Technical Equipment, [F.R. Doc. 68-3038; Filed, Max. 12, 1968; Director, Office of Scientific and Department of Commerce, Room 5123, 8:46 a.m.] Technical Equipment, Busi Washington, D.C. 20230. ness and Defense Services Docket No. 68-00278-33-46040. Appli Administration. cant: Rutgers Medical School, Rutgers- TEXAS A&M UNIVERSITY [Fit. Doc. 68-3036; Piled, Mar. 12, 1968; The State University, New Brunswick, 8:45 a.m.] N.J. 08903. Article: Electron microscope, Notice of Decision on Application for Model EM 300 with decontamination de Duty-Free Entry of Scientific Article NEW YORK MEDICAL COLLEGE vice and desiccator for plates and film. The following is a decision on an ap Manufacturer: Philips Electronics NVD, plication for duty-free entry of a scien Notice of Decision on Application f< The Netherlands. Intended use of article: tific article pursuant to section 6 (c) of Duty-Free Entry of Scientific Article The article will be used to pursue a de the Educational, Scientific, and Cultural tailed knowledge of certain structural Materials Importation Act of 1966 following is a decision on an at qualities inherent to nerve and muscle. (Public Law 89-651; 80 Stat. 897) and S P S S for duty-free entry of a scieÎ Study of differences of distances and the regulations issued thereunder (32 the Pu? uant t0 section 6 (c) < measurements from nerve to muscle, in F.R. 2433 etseq.), Matent îlona1’ Scientific, and Cultur: the content and size of vesicles of about A copy of the record pertaining to this Importation Act of 1966 (Put 200 Angstroms in the nerve terminal and decision is available for public review ulatSn 8?~651j 80 stat- 897) and the reg in the content of the space of about 200 during ordinary business hours of the etseqT 1SSUed thereunder (32 F.R. 243 Angstroms between nerve and muscle, Department of Commerce, at the Office will be conducted. Additionally, the dis of Scientific and Technical Equipment, d e c iS ? ^ the record pertaining to th: tance between the double membranes Department of Commerce, Room 5123, d S fr S V !-av£ulable for public revie around and in the interior of mitochon DSa5 n?Idf laÎ y business hours of th dria will be investigated. Comments: No Washington, D.C. 20230. of SciSiriÿ °f Çummerce, at the Offic comments have been received with re Docket No. 68-00297-33-46040. Appli Denartm^™5 a?d Technical Equipmen spect to this application. Decision: Ap cant: Texas A&M University, Depart plication approved. No instrument or ap ment of Veterinary Pathology, College Room 512: paratus of equivalent scientific value to Station, Tex. 77843. Article: Electron
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4482 NOTICES microscope, Hitachi Model HS-8. Manu consisting of Film Cassette Type 171 Biological Sciences, Gainesville, Fla. facturer: Hitachi, Ltd., Japan. Intended 023 and spare parts kit type 171 005. 32601. Article: Ultra-high-resolution use of article: The article will be used Manufacturer: Siemens Aktiengesell- electron microscope, Model HU-1 IE. to train pathology students in the detec schaft, West Germany. Intended use of Manufacturer: Hitachi, Ltd., Japan. In tion and causes of diseases found in article: The articles will be used as ac tended use of article : The article will be domestic and lab animals. Techniques cessory items in the operation of a used for ultrastructural studies on to be taught include dissection of Siemens electron microscope. Com Myxomycètes, functional and structural diseased tissue, preparing unstained ments: No comments have been received studies of mitochondrial ribosomes and and stained ultrathin sections, and with respect to this application. De proteins, and immunochemical studies on photographing the thin sections. Com cision: Application approved. No instru- cellular slime molds. Application received ments: No comments have been received ment_or apparatus of equivalent scien by Commissioner of Customs: Febru with respect to this application. De tific value to the foreign article, for the ary 26, 1968. cision: Application approved. No in purposes for which such article is in Docket No. 68-00412-80-86000. Appli strument or apparatus of equivalent tended to be used, is being manufactured cant: The University of Wisconsin, 750 scientific value to the foreign article, in the United States. Reasons: The University Avenue, Madison, Wis. 53706. for the purposes for which such article foreign article is an accessory to an Article: Universal Vibration Laboratory is intended to be used, is being manu electron microscope now in the appli Apparatus. Manufacturer: Tecquipment, factured in the United States. Reasons: cant’s possession, which was manufac Ltd., United Kingdom. Intended use of The foreign article provides accelerating tured by Siemens Aktiengesellschaft of article: The article will be used as a voltages of 25 and 50 kilovolts. The only West Germany. teaching device in the following classes: known domestic electron microscope is The Department of Commerce knows (a) Undergraduate structures labora the Model EMU-4 manufactured by the of no similar accessory being manufac tory. Radio Corporation of America (RCA), tured in the United States, which is in (b) Undergraduate in d e p e n d e n t which provides accelerating voltages of terchangeable with the foreign article. studies. 50 and 100 kilovolts. It has been ex (c) Dynamics of structures. Charley M. D enton, (d) Thesis and advanced independent perimentally established that the lower Director, Office of Scientific accelerating voltage provides optimum and Technical Equipment, studies. contrast for unstained, ultrathin bio Business and Defense Services Application received by Commissioner logical specimens. The accomplishment Administration. of Customs; February 26, 1968. of the purposes for which the foreign Docket No. 68-00413-65-07730. Appli article is intended to be used involves [F.R. Doc. 68-3041; Filed, Mar. 12, 1968; 8:46 a.m.] cant: The University of Michigan, Pur the use of unstained ultrathin biological chasing Department, Hoover and Greene specimens and, consequently, the lower Streets, Ann Arbor, Mich. 48104. Article: accelerating voltage provided by the UNIVERSITY OF FLORIDA ET AL. Guinier type focusing X-ray diffraction foreign article is pertinent. camera and accessories. Manufacturer; For this reason, the RCA Model Notice of Applications for Duty-Free Incentive Research and Development EMU-4 is not of equivalent scientific Entry of Scientific Articles AB, Sweden. Intended use of article: The value' to the foreign article for the pur The following are notices of the receipt article will be used for exact X-ray poses for which such article is intended of applications for duty-free entry of measurement of crystal lattice spacings to be used. scientific articles pursuant to section which fall in the diffraction angles from The Department of Commerce knows 6(c) of the Educational, Scientific, and 2 0 to 90°. of no other instrument or apparatus of Cultural Materials Importation Act of C harley M. Denton, equivalent scientific value to the foreign 1966 (Public Law 89-651; 80 Stat. 897). Director, Office of Scientific and article, for the purposes for which such Interested persons may present their Technical Equipment, Busi article is intended to be used, which is views with respect to the question of ness and Defense Services being manufactured in the United States. whether an instrument or apparatus of Administration. Charley M. D enton, equivalent scientific value for the pur [F.R. Doc. 63-3034; Filed, Mar. 12, 1968; Director, Office of Scientific poses for which the article is intended to 8:45 am.] and Technical Equipment, be used is being manufactured in the Business and Defense Services United States. Such comments must be Administration. filed in triplicate with the Director, Office VANDERBILT UNIVERSITY [F.R. Doc. 68-3039; Filed, Mar. 12, 1968; of Scientific and Technical Equipment, Notice of Decision on Application for 8:46 a.m.] Business and Defense Services Adminis tration, Washington, D,C. 20230, within Duty-Free Entry of Scientific A rticle 20 calendar days after date on which this The following is a decision on an ap UNIVERSITY OF CALIFORNIA notice of application is published in the plication for duty-free entry of a scien F ederal R egister. tific article pursuant to section 6(c) of Notice of Decision on Application for Regulations issued under cited Act, the Educational, Scientific, and Cultural Duty-Free Entry of Scientific Article published in the February 4, 1967, issue Materials Importation Act of 1966 (Pub The following is a decision on an ap of the F ederal R egister, prescribe the lic Law 89-651; 80 Stat. 897) and the plication for duty-free entry of a scien requirements applicable to comments. regulations issued thereunder (32 F.R> tific article pursuant to section 6 (c) of A copy of each application is on file, 2433 et seq.). the Educational, Scientific, and Cultural and may be examined during ordinary A copy of the record pertaining to this Materials Importation Act of 1966 Commerce Department business hours decision is available for public review (Public Law 89-651; 80 Stat. 897) and at the Office of Scientific and Technical during ordinary business hours of the the regulations issued thereunder (32 Equipment, Department of Commerce, Department of Commerce, at the Office F.R. 2433 et seq.). Room 5123, Washington, D.C. of Scientific and Technical Equipment, A copy of the record pertaining to this A copy of each comment filed with the Department of Commerce, Room 5123, decision is available for public review Director of the Office of Scientific and Washington, D.C. 20230. during ordinary business hours of the Technical Equipment must also be mailed Docket No. 68-00285-00-46040. Appli Department of Commerce, at the Office or delivered to the applicant, or its au cant: Vanderbilt University, Nashville, of Scientific and Technical Equipment, thorized agent, if any, to whose applica Tenn. 37203. Article: Decontamination Department of Commerce, Room 5123, tion the comment pertains; and the com Device for Electron Microscope. Manu Washington, D.C. 20230. ment filed with the Director must certify facturer; Siemens AG, West Germany. that such copy has been mailed or de Docket No. 68-00279-00-46040. Appli Intended use of article: The article wi cant: University of California, 405 Hil- livered to the applicant. gard Avenue, Los Angeles, Calif. 90024. Docket No. 68-00411-33-46040. Appli be used as an accessory to the Siemens Article: Electron microscope accessories cant: University of Florida, Division of electron microscope for reduction o
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1963 NOTICES 4483 specimen contamination for high resolu 2. This order will be published in theand Trans World Airlines, Inc. (TWA), tion microscopy. Comments: No com F ederal R egister. ments have been received with respect have submitted their experience data to this application. Decision: Applica By the Civil Aeronautics Board. called for. One foreign carrier, Olympic tion approved. No instrument or appa [seal] H arold R. S anderson, Airways,1 submitted data on its usage ratus of equivalent scientific value to the Secretary. experience and Inflight furnished data foreign article, for the purposes for which [F.R. Doc. 68-3082; Filed, Mar. 12, 1968; with respect to its contracts. Inflight such article is intended to be used, is 8:49 ajn.] subsequently commented on data fur being manufactured in the United States. Reasons: The foreign article is an ac nished by the carriers. cessory to an electron microscope now in [Docket No. 17828; Order E-26479] The thrust of Inflight’s position in the applicant’s possession, which was commenting on carrier data, is that the manufactured by Siemens Aktiengesell INTERNATIONAL AIR TRANSPORT charge is so high as to discourage pas schaft of West Germany. ASSOCIATION sengers from using the service, which The Department of Commerce knows might in turn, result in the cancellation of no similar accessory being manufac Order Regarding In-Flight by carriers of their contracts and impair tured in the United States, which is in Entertainment its ability to attract new customers. In terchangeable with the foreign article. support of its conclusions, Inflight ad Adopted by the Civil Aeronautics verts to the experience of Pan American Charley M. D enton, Board at its office in Washington, D.C., and TWA and the combined experience Director, Office of Scientific and on the 6th day of March 1968. of these carriers which discloses a di Technical Equipment, Busi Agreements adopted by the Traffic minishing use of the entertainment facil ness and Defense Services Conferences of the International Air ity which Inflight attributes to the in Administration. Transport Association relating to in crease in the charge from $1 to $2.50.3 [F.R. Doc. 68-3040; Filed, Mar. 12, 1968; flight entertainment, Docket 17828, Inflight urges the Board to take steps to 8:46 a.m.] Agreement CAB 19234, R-95, Agreement cause the charge for international routes CAB 19689,1 Agreement CAB 19724, to be reduced to $1.50 or $1.75 on an ex R-2.1 perimental basis. While Inflight does not By Order E-24823, dated March 6, contend that the $2.50 charge will fully CIVIL AERONAUTICS BOARD 1967, the Board in acting upon resolu cover costs or that costs will be met by [Docket No. 16503; Order E-26478] tions adopted by the member carriers of the lower charges which it urges, Inflight the International Air Transport Associa does contend that a lower movie price AIR TRANSPORT ASSOCIATION tion (IATA), inter alia, approved for a would produce greater revenues for the Order Terminating Proceeding Re 1-year period through March 31, 1968, carriers, thus covering a greater portion a $2.50 in-flight entertainment charge of the costs of the service than the garding Charge for In-Flight Enter which had been agreed upon for world agreed $2.50 charge. tainment on Flights Between Points wide application for a 2-year period. Inflight’s submission sets forth its Within Continental United States By Order E-25153, adopted May 16, estimates of carrier revenues at various Adopted by the Civil Aeronautics Board 1967, the Board denied a petition of In charges if the market followed the pat at its office in Washington, D.C., on the flight Motion Pictures, Inc. (In flight), tern of usage indicated by a straight line 6th day of March 1968. requesting the Board, among other arithmetic projection based on carrier Following discussions authorized by things, to vacate, set aside, and revoke experience with the former $1 charge the Board, there was filed for Board ap Order E-24823, insofar as it approved and the present $2.50 charge. Inflight, proval pursuant to section 412 of the Act, the $2.50 entertainment charge. The while indicating the belief that the TWA an agreement entered into by 12 air car crux of the petition by Inflight, a sup data are not fully reliable, concludes on rier members of the Air Transport plier of motion picture films and equip the basis of its projection that Pan Association relating to a charge for in ment, was that it had not had an oppor American and TWA, collectively (as flight entertainment on domestic flights. tunity to be heard and that it might be suming 100 passengers per flight), could By Order E-24839 dated March 9, 1967, damaged by a charge set so high as to generate more revenues from a charge the Board tentatively concluded that in cause carriers to cancel their contracts of $1.50 than they have derived from a interstate and overseas air transporta with Inflight. The Board did, however, $2.50 charge and that while a $2 charge tion, the regulatory problems posed by require the U.S. carrier members of IATA would produce more revenue per flight, a visual in-flight entertainment could best which provided in-flight entertainment charge of $1.75 would produce but little be handled by the affirmative exercise of on their intematonal routes to supply less. the Board’s rate powers, rather than by usage data, and it invited foreign car After a careful evaluation of the action on the proposed agreement, riers to submit data to determine if a matters presented by Inflight, the Board -therefore, the Board deferred action on iS' liot persuaded that Inflight’s statis this agreement pending final determina pattern of resistance was developing to tical methodology is valid or that the tion of the rule making proceeding which the charge and to maintain a cur was instituted at that time.1. This rule rent evaluation of the impact of the 2 Olympic introduced its in-flight .enter making proceeding has now been con charge. Similarly, the Board required tainment service in June 1966—after the cluded with the Board’s issuance, simul Inflight to submit data on its contracts introduction of the $2.50 charge. taneously herewith, of a final rule and 3 Inflight states that the Pan American policy statement with respect to visual both before and after the imposition of data show that in the period between Oct. b-flight entertainment in domestic and the $2.50 charge. Provisions were made 16, 1965, and May 23, 1966, when the $1 overseas air transportation (ER-529 and in the order for the submission of com charge was in effect, 42 percent of Pan American’s passengers able to use this service J^>-34, Docket 18256). Moreover, the ments on data submitted and for reply did so_ and that in the period from May 24, earners’ agreement on visual in-flight comments. 1966, when the $2.50 charge became effective entertainment has expired by its own The U.S. carriers, Pan American through Apr. 30, 1967, the service was used erms Therefore, the issues relating to by 21 percent of its passengers subject to bucket 16503, Agreement CAB 18922, are World Airways, Inc. (Pan American), the charge. It also uses the TWA data which terminate* the Proceeding should be reflect an approximate 54 percent usage dur 1 These agreements, which have been proing the period Jan. 1, 1964, through Apr. 30, Accordingly, it is ordered, That: mulgated by IATA memoranda indicated be 1966, when the $1 charge was in effect, as no.' P ^ ^et 16503 is herewith termi low, supersede Agreement CAB 19234, R-93 compared with»a usage of 34 percent in the nated; and and R—94. period June 1, 1966, through Apr. 30, 1967, when the $2.50 charge was in effect. The com CAB Agreement IATA memorandum bined carrier data on which Inflight relies F RE£>7«1» P PSDB''17’ dated Mar. 9, 1967, 32 19689 ------JT123/Reso. 1322 shows a 53 percent usage factor at the $1 4076, Mar. 15, 1967. 19724, Rr-2____------JT123/Reso. 1334 charge and 27 percent at the $2.50 charge.
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13; 1968 4484 NOTICES data thereby developed show that the no basis for modifying the Board’s out proved air service between Milwaukee $2.50 charge is excessive or unreason standing approval of the current charge. and a number of cities in the Great Lakes able. Inflight, in its projections has com Moreover, in light of the current data area and the southeast.1 bined first-class and economy data and and the comments received, we see no For the reasons set forth below we used data of varying time periods which reason to maintain the 1-year limitation have decided to institute an investigation distort the results. Moreover, the period now imposed on our approval. Accord to determine whether new or improved used by Inflight to reflect passenger us ingly, we will herein extend our approval service is required between Milwaukee, age at the $1 charge does not appear to to cover the full intended period of the on the one hand, and Columbus, Dayton, be adequately representative for that resolutions in question, that is, through Cincinnati, Indianapolis, and Louisville, purpose since there were wide shifts in March 31, 1969. on the other hand. usage within that period. More impor Accordingly, acting pursuant to the At the present time, although there is tantly, and aside from any deficiencies Federal Aviation Act of 1958, particularly ample traffic volume,2 air service in these in the manner in which the data are sections 102, 204(a), and 412 thereof: markets is sparse. There is no effective used, public acceptance would not neces It is ordered, That: single-plane service in any of them.8 sarily follow the pattern on which In Agreements CAB 19234, R-95; CAB Nearly all service in these markets re flight based its methodology. Although 19689; and CAB 19724, R-2, shall be and quires that passengers change planes at Inflight concedes that “proper pricing” hereby are approved through March 31, Chicago,4 and interline connections are is far from an exact science, the method 1969. usually required. In these circumstances upon which it relies assumes that price the Board considers it appropriate to This order will be published in the examine these markets in order to is the controlling factor. The use of the F ederal R egister. straight line projection based on the determine whether new or improved data available to show market re By the Civil Aeronautics Board. service is required. We are at this time excluding the sponse to price changes without regard to [seal] H arold R. S anderson, elements other than price is unrealistic Secretary. request of the municipal parties insofar and any conclusions are necessarily as it involves service to points in the speculative. [FR. Doc. 68-3083; Filed, Mar. 12, 1968; southeast in order to limit the scope of 8:49 a.m.] the present proceeding. In addition, to Responsiveness of the market for an insure that the proceeding is focused ancillary service may well be influenced upon service between Milwaukee and the by considerations other than price, such MOHAWK AIRLINES, INC. as the quality of entertainment both five named cities we will require that with respect to technical perfection of Notice of Application for Amendment any authority awarded herein shall be in of Certificate of Public Convenience the form of one or more new segments. the equipment and movies shown. Many We also emphasize that it is our purpose passengers today are “repeat” pas and Necessity to focus clearly on the need for short sengers and although in-flight enter March 8 , 1968. •* haul service in the five Milwaukee tainment may make air transportation Notice is hereby given that the Civil markets, and we desire to avoid the trial more attractive to some passengers, the Aeronautics Board on March 7, 1968, of ancillary issues of one-stop service declining use might well be attributed received an application, Docket 19691, in Milwaukee’s major markets - in the in part to diminishing novelty of the from Mohawk Airlines, Inc., for amend south and east. attraction as well as price. TWA data ment of its certificate of public con demonstrate that public acceptance is Interested applicants may file applica venience and necessity for route 94 to tions consistent with the scope of the in not influenced by price alone. Thus, the authorize it to engage in one-stop serv influence of price cannot be wholly de vestigation within the time for filing as ice between Boston, Mass., and Detroit, hereinafter established. In the event new termined by usage data. For example, in Mich,, and nonstop service between the the calendar year 1964, 70 percent of or amended applications for new or following pairs of points; Boston, Mass.- additional routes consistent with the TWA’s economy-class passengers used Syracuse, N.Y.; Boston, Mass.-Rochester, in-flight entertainment; in 1965, 44 per- scope of this case are filed, each appli N.Y.; Boston, Mass.-Buffalo, N.Y.; Hart cant should file one new composite appli cent used the facility; but the $1 charge ford, Conn.-Detroit, Mich. The applicant cation covering clearly and specifically was in effect in both of these years. In requests that its application be processed all of the authority sought in this pro addition, even if price were the sole under the expedited procedures set forth ceeding in order to avoid confusion re factor, there is no basis for assuming, as in Subpart M of Part 302 (14 CFR Part sulting from the consolidation of several is done under straight line projection, 302). that the effect of price change is smooth separately filed applications. and continuous at all points on the de [ seal] Harold R. Sanderson, Accordingly, it is ordered, That: mand curve. Secretary. 1. An investigation designated the Finally, as we commented in our last [F.R. Doc. 68-3084; Filed, Mar. 12, 1968; Milwaukee Short-Haul Investigation, be order on this subject, E-25153, the crit 8:49 a.m.] and it hereby is instituted in Docket ical matter insofar as Inflight is con 19692, pursuant to sections 204(a) ana 401(g) of the Federal Aviation Act of cerned is whether the agreement will [Docket Nos. 19296, 19692; Order E-26488] injure Inflight; i.e., whether the charge 1958, as amended, to determine whether will result in nonuse by passengers and STATE OF WISCONSIN ET AL. the public convenience and necessity re in the long run cause the carriers to dis quire the alteration, amendment, or continue movies and cancel their con Order Instituting Investigation tracts. The data submitted do not show Adopted by the Civil Aeronautics 1 On Nov. 27, 1967, the municipal parties that Inflight is being adversely affected Board at its office in Washington, D.C., also filed a motion to consolidate, inter alia, that application in the Twin Cities-Milwau* by the $2.50 charge. The data submitted on the 8th day of March 1968. kee Long-Haul Investigation, Docket 1WW** by Inflight show that dining the period Application of State of Wisconsin, or, in the alternative, they request that t e May 1965 through April 1966, it had Milwaukee County, and Air Service Divi Board institute an investigation into tue contracts with three carriers, that in the sion of the Metropolitan Milwaukee area’s air-service needs. subsequent comparable period, although Association of Commerce for additional 2 In 1966 the Milwaukee - Columbus/Day- one carrier no longer providing service certificated air service, Docket 19296; ton/dncinnati/Indianapolis/Louisville ' via the Atlantic canceled its contract, Milwaukee Short-Haul Investigation, kets generated 7,150; 6,290; 8,600; 6,850, an 4,610 annual passengers respectively. three more carriers contracted with In Docket 19692. 2 In the Milwaukee-Louisville market East flight for its services, and that its rev The State of Wisconsin, Milwaukee ern provides one daily, one-way, one-s P enues were increased by 47 percent. County, and the Air Service Division of (Chicago) flight. . 1n To sum up, Inflight has not made a the Metropolitan Milwaukee Association * Since the segments to be considered showing that the current charge is ex of Commerce on November 24, 1967, filed this case will not include Chicago, any aw cessive or unreasonable, or adverse to an application, Docket 19296, requesting will provide some relief from the airport the public interest. There is therefore that the Board authorize new and im gestion at Chicago.
FEDERAL REGISTER, VOL. 33. NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4185 modification of air carrier certificates so on the “Joint Request for Approval of material to one application are material as to add thereto one or more segments Agreement” filed on February 26, 1968 to the other, the Commission will, pur between Milwaukee, on the one hand, and by Alcuin C. Wiederkehr, Leo J. Wieder suant to § 1.227(a)(1) of the Commis Columbus, Dayton, Cincinnati, Indian kehr, and John Hilton, doing business as sion’s rules, consolidate the standard apolis, and Louisivlle, on the other hand; Hilton-Wiederkehr Enterprises and broadcast application in the FM pro 2. In the event a carrier is awarded Ozark Broadcasting Co., Inc. ceeding to facilitate the resolution of new certificate authority in any of the Issued: March 5,1968. the issues involving the Risner appli markets at issue, the authority will be cations. granted in the form of a separate seg Released: March 7,1968. ment or segments to the carrier’s existing 3. The consolidation of the Risner certificate; Federal Communications standard broadcast application will also 3. Motions to consolidate, applications, Commission, require the consolidation of the mutu and motions or petitions seeking modifi [seal] Ben F. Waple, ally exclusive application of Lee Mace Secretary. for a construction permit for a new cation or reconsideration of this order standard broadcast station in Bagnell, shall be filed no later than twenty (20) [F.R. Doc. 68-3091; Piled, Mar. 12, 1968; days after the date of service of this 8:50 a.m.] Mo,1 order and answers to such pleadings .«ahall 4. Risner Broadcasting, Inc., in order be filed no later than ten (10) days there to meet construction costs, operating ex after; [Docket No. 17899, etc.; PCC 68-223] penses for 1 year and fixed charges to 4. The joint application of the State RISNER BROADCASTING, INC., AND talling $62,918, relies on a loan in the of Wisconsin, Milwaukee County, and the LEE MACE amount of $65,000. The availability of Air Service Division of the Metropolitan the loan is evidenced by a letter from a Milwaukee Association of Commerce in Order Designating Applications for banking institution dated December 2, Docket 19296, be and it hereby is consoli Consolidated Hearing on Stated 1965. Under these circumstances the dated with the above instituted investi Issues Commission finds it appropriate to spec gation to the extent that it is consistent ify an issue to permit Risner Broadcast with the issues herein, and except to the In re applications of Risner Broad ing, Inc.,' to demonstrate whether the extent consolidated herein, be and it casting, Inc., Lebanon, Mo., Docket No. loan is currently available under the hereby is dismissed; 17899, File No. BPH-5207; Requests: same terms. 5. This proceeding shall be set down 103.7 me, No. 279; 25.5 kw.; 251 feet; 5. Lee Mace will require, for construc for hearing before an Examiner of the Risner Broadcasting, Inc., Lebanon, Mo., tion costs and 1 year’s operating ex Board at a time and place hereafter Docket No. 18043, File No. BP-17031; Re penses, $102,092, consisting of the fol designated; and quests: 1080 kc, 250 w, DA, Day; Lee lowing: Down payment on equipment, 6. A copy of this order shall be served Mace, Bagnell, Mo., Docket No. 18044, File $11,825; first year’s payments on equip upon the cities listed in ordering para No. BP-17122; Requests: 1080 kc, 1 kw, ment with interest, approximately $13,- graph (1) and the following carriers: DA, Day; for construction permits. 567; building, $4,000; other costs $3,200; Allegheny Airlines, Inc., American Air 1. The Commission has under consider payments with interest on a loan, $19,- lines, Inc., Delta Air Lines, Inc., Eastern ation the above-captioned and described 500; estimated operating expense, $50,- Air Lines, Inc., Lake Central Airlines, applications and the Commission’s order 000. To meet these costs, Mr. Mace has hie., North Central Airlines, Inc., Ozark of November 29, 1967, which designated approximately $20,000 in cash and a Air Lines, Inc., Piedmont Aviation, Inc., for hearing the mutually exclusive ap bank loan commitment of $75,000, or a and Trans World Airlines, Inc. plications of the Lebanon Broadcasting total of $95,000. It appears, therefore, Co. (BPH-5167) and Risner Broadcast that Mr. Mace will require additional This order shall be published in the funds. Accordingly, an issue will be spec Federal Register. ing, Inc. (BPH-5207), for construction permits for new FM broadcast stations ified to permit a showing with respect By the Civil Aeronautics Board. in Lebanon, Mo. Lebanon Broadcasting to the possible availability of additional funds. Also, since Mr. Mace’s loan com [seal] Harold R. Sanderson, Company, et al., 10 FCC 2d 936 (1967). By order of February 8, 1968, the Hear mitment is dated July 29, 1965, he will Secretary. ing Examiner granted the petition of be given an opportunity to show whether [F.R. Doc. 68-3065; Piled, Mar. 12, 1968; Lebanon Broadcasting Co. to dismiss its the loan is currently available on the 8:49 ajn.] application. Lebanon Broadcasting Com same terms. pany, et al., FCC 68M-225, released Feb 6. The Commission has previously ruary 8, 1968. However, as the Examiner found Risner Broadcasting, Inc., quali observed, the dismissal of the Lebanon fied, except as indicated by specified is FEDERAL COMMUNICATIONS Broadcasting Co. application has no sues, to construct and operate its pro effect on the Risner application except posed FM broadcast station. The Com COMMISSION for the removal of a conflict. Several mission now finds Risner Broadcasting, [Docket Nos. 17918-17920; PCC 68M-388] issues relating to the Risner application Inc., and Lee Mace qualified, except as must be resolved, and the application re indicated by issues specified below. How LITTLE DIXIE RADIO, INC., ET A mains in hearing status. ever, for reasons indicated above, the ap Order Continuing Hearing 2. In designating the two FM appli plications for construction permits for cations for hearing, the Commission new standard broadcast stations will be t *n r® applications of Little Dixie Radi found on the basis of pleadings filed by consolidated for hearing in the proceed wSaT * v - okla., Docket No. 1791 the Lebanon Broadcasting Co. and Ris ing on the FM application. Co t^°‘ ^?~16768; Ozark Broadcasts ner Broadcasting, Inc., that there were 7. Accordingly, it is ordered, That pur Filex f 41*- Docket No. 1791 unresolved questions concerning the suant to section 309(e) of the Communi Leo t° ’ • Alcuin C. Wiederkeh truthfulness of representations in the cations Act of 1934, as amended, and r „ A , Wlederkeher’ and John Hilto Risner application regarding its efforts § 1.227(a) (1) of the Commission’s rules, as H*1*011 and Wiederkel to ascertain local needs and interests and the applications of Risner Broadcasting, 17920 SfieSVr°Zark’ Ark- D°cket N the adequacy of its efforts. Identical rep tionpe^ftsN0' BP"16814; for construe resentations concerning the Risner sur 1 The Commission notes that on Jan. 22, vey efforts appear in both its FM and 1968, the Hearing Examiner properly dis rew>rrifafma^izl a made on tb standard broadcast applications. There missed a petition of Lee Mace for leave to above-^?+ffiPSehearing conference in th fore, the allegations considered by the intervene in the FM proceeding. The Com 1968- 7?ktled matter held February 21 Commission in connection with the FM mission’s present action authorizes Mr. Mace Presentiv W ordered' That the hearin application are pertinent to the consider to participate in the hearing as a party ap plicant and renders moot an appeal pend be andytv, heduled for March 27, 1961 ation of the standard broadcast appli ing before the Review Board seeking rever date pend w SQaT-e \ continued withoi cation. Since the Risner applications in sal of the Hearing Examiner’s dismissal of ding action by the Review Boar volve the same applicant and some issues the petition to intervene.
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4486 NOTICES Inc., and Lee Mace for construction per It is further ordered, That the speci 20 days after publication of this notice mits for new standard broadcast sta fication of issues herein shall supersede in the Federal Register. A copy of any tions are consolidated for hearing in the the specification of issues in the Com such statement should also be forwarded proceeding on the application of Risner mission’s order of November 29, 1967, to the party filing the agreement (as in Broadcasting, Inc., for a construction in this proceeding. dicated hereinafter) and the comments permit for a new FM broadcast station, It is further orderd, That, in the event should indicate that this has been done. at a time and place to be specified in a of a grant of either standard broadcast Notice of agreement filed for approval subsequent Order, upon the following is application, the construction permit by: sues: shall contain the following condition: Mr. W. R. Purnell, District Manager, Ameri 1. To determine whether the above- Any presunrise operation must conform can Mail Line, Ltd., 601 California Street, captioned applications of Risner Broad with §§ 73.87 and 73.99 of the rules, as Suite 610, San Francisco, Calif. 94108. casting, Inc., contain misrepresentations amended June 28, 1967 (32 F.R. 10437), Agreement No. 9703 between American and/or distortions or omissions of fact. supplementary proceedings (if any) in Mail Line, Ltd. (AML), and The China 2. To determine the efforts made by volving Docket No. 14419, and/or the Navigation Co., Ltd. (CNC) provides for Risner Broadcasting, Inc., to ascertain final resolution of matters at issue in the transportation of cargo under the programing needs and interests of the Docket No. 17562. through bills of lading from ports of call area to be served by its proposed FM and It is further ordered, That, to avail of AML in Alaska, Washington, and Ore standard broadcast stations and the themselves of the opportunity to be gon to ports of call of CNC in the Solo manner in which Risner Broadcasting, heard with respect to their standard mon Islands with transshipment at Hong Inc., proposes to meet such needs and broadcast applications, Risner Broad Kong or ports in Japan under terms and interests. casting, Inc., and Lee Mace, pursuant to conditions set forth in the agreement. 3. To determine whether a grant of § 1.221(c) of the Commission’s rules, the Risner Broadcasting, Inc., applica shall, within twenty (20) days of the Dated: March 7, 1968. tion for a construction permit for a new mailing of this Order, file with the Com By order of the Federal Maritime FM broadcast station would impede or mission in triplicate, a written appear Commission. prevent full and efficient utilization of ance stating an intention to appear on Thomas Lisi, the Lebanon, Mo., FM channel. the date fixed for the hearing and Secretary. 4. To determine, in the light of the present evidence on the issues specified evidence adduced pursuant to the fore in this order. [F.R. Doc. 68-3042; Filed, Mar. 12, 1968; going issues, whether a grant of the ap It is further ordered, That, Risner 8:46 a.m.] plication of Risner Broadcasting, Inc., Broadcasting, Inc., and Lee Mace for a construction permit for a new FM shall, pursuant to section 311(a) (2) of [Docket No. 68-13] broadcast station would serve the public the Communications Act of 1934, as interest, convenience and necessity. amended, and § 1.594 of the Commission’s ASSEMBLY TIME, PORT OF SAN DIEGO 5. To determine the areas and popu rules, give notice of the hearing, either Order of Investigation lations which would receive primary individually or, if feasible and consistent service from the proposed standard with the rules, jointly, within the time The Port of San Diego has petitioned broadcast stations and the availability and in the manner prescribed in such the Commission to modify its order in of other primary service to such areas rule, and shall advise the Commission Docket No. 1217—“Investigation of Free and populations. of the publication of such notice as re Time and Demurrage Practices—Port of 6. To determine with respect to the quired by § 1.594(g) of the rules. San Diego,’* 9 F.M.C. 525 (1966), to per standard broadcast application of Risner mit San Diego to institute an assembly Broadcasting, Inc.: Adopted: February 28, 1968. period, in addition to free time, not to (a) Whether the loan available to the Released: March 8, 1968. exceed 10 working days for the assembly applicant in 1965 is currently available Federal Communications of single consignments of not less than under the terms then specified, and, if Commission, 3,000 net tons. A proposed tariff rule de not, whether other funds are available; [seal] Ben F. Waple, signed to accomplish this is as follows: and Secretary. (b) Whether, in the light of the evi P r o p o s e d P o r t o p S a n D ie g o T a r if f I t e m No. 437 R e l a t in g t o A s s e m b l y P eriod dence adduced pursuant to the fore [F.R. Doc. 68-3092; Filed, Mar. 12, 1968; 8:50 a.m.] Item 437. An assembly period of not to ex going, Risner Broadcasting, Inc., is ceed ten (10) working days, in addition to financially qualified. the free time provided by Item 435, may be 7. To determine with respect to the granted for the assembly of single consign standard broadcast application of Lee ments of not less than 3,000 net tons of Mace: FEDERAL MARITIME COMMISSION bagged or Government owned or sponsored (a) Whether the loan available to the outbound cargo. The granting of such assem AMERICAN MAIL LINE, LTD., AND bly time shall be subject to the availability applicant in 1965 is currently available CHINA NAVIGATION CO., LTD. of space and granted only when arrangements under the terms then specified, and, if therefor are made in advance of arrival of not, whether other funds are available; Notice, of Agreement Filed for cargo at Port terminal facilities, and when and Approval the need for such an assembly period for (b) In the event said loan is currently single consignments is clearly established. available, whether additional funds as Notice is hereby given that the follow needed are available from other sources; ing agreement has been filed with the It is also proposed that the Port of San and Commission for approval pursuant to Diego will add a definition of “Assembly (c) Whether, in the light of the evi section 15 of the Shipping Act, 1916, as dence adduced pursuant to the fore amended (39 Stat. 733, 75 Stat. 763, 46 P r o p o s e d P o r t o f S a n D ie g o T a r if f I tem going (a and b ), Lee Mace is financially U.S.C. 814). R e l a t in g t o D e f i n i t i o n o f A s s e m b l y P eriod qualified. Interested parties may inspect and Item 5.(z). “Assembly Time” is a desig 8. To determine, in the light of section obtain a copy of the agreement at the nated number of days, not to exceed ten (10/> 307(b) of the Communications Act of Washington office of the Federal Mari in addition to allowable free time, which m y 1934, as amended, which of the standard time Commission, 1321 H Street NW„ be granted for the accumulation of sing Room 609; or may inspect agreements at lots or consignments for a particular sbiPP broadcast proposals would better pro which constitutes a volume substantially vide a fair, efficient, and equitable dis the offices of the District Managers, New excess of an average shipment. Such a «“*P" tribution of radio service. York, N.Y., New Orleans, La., and San ment shall be 3,000 tons or more to quaiuy 9. To determine, in the light of the Francisco, Calif. Comments with refer for assembly time. Assembly time shall evidence adduced pursuant to the fore ence to an agreement including a request granted only when the nature of the cargo going Issues 1, 2, 5, 6, 7, and 8, which, for hearing, if desired, may be submitted other circumstances preclude its delivery if either, standard broadcast application to the Secretary, Federal Maritime Com the Port’s marine terminals as a single c should be granted. mission, Washington, D.C. 20573, within signment at one time.
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4487 In Docket No. 1217, the Commission 20573, on or before March 20, 1968, with found that on outbound cargo 10 days’ copy to parties; FEDERAL POWER COMMISSION free time was reasonable. The Commis And it is further ordered, That all sion concluded that the additional 20 future notices issued by or in behalf of [Docket No. G-3978 etc.] days’ free time was discriminatory the Commission in this proceeding, in SIGNAL OIL AND GAS CO. ET AL. against exporters who did not wish to cluding notice of time and place of hear take advantage of the additional time in ing or prehearing conference, shall be Findings and Order violation of section 16. Furthermore, the mailed directly to all parties of record. Commission found that, since the addi M a r c h 5, 1968. tional free time was actually free storage, By the Commission. Findings and order after statutory the practice was unreasonable under sec [ s e a l ] T h o m a s L i s i , hearing' issuing certificates of public tion 17 in that it resulted in the terminal Secretary. convenience and necessity, cancelling providing valuable services free of [F.R. Doc. 68-3043; Filed, Mar. 12, 1968; docket number, amending certificates, charge, thereby shifting the burden of 8:46 a.m.] permitting and approving abandonment defraying the costs of the service to non of service, terminating certificates, ter users. Therefore, the Commission pro minating rate proceeding, substituting mulgated the following order: NORTH ATLANTIC ISRAEL EAST- respondent, making successor co-re . Therefore, it is ordered, That respondent BOUND FREIGHT CONFERENCE spondent, redesignating proceedings, re Port of San Diego, within 45 days of the date quiring filing of agreements and under of this order, cease and desist from applying Notice of Petition Filed for Approval takings and accepting related rate Item 455, Tariff 1-D and Item 110, Cotton schedules and supplements for filing. Tariff No. 3-Ç , and Notice is hereby given that the follow Each of the Applicants listed herein I t i s further ordered, That respondent Port ing petition has been filed with the Com has filed an application pursuant to sec of San Diego, within 45 days of the date of mission for approval pursuant to section tion 7 of the Natural Gas Act for a cer this order, publish and file with the Com 14b of the Shipping Act, 1916, as mission tariff items governing free time tificate of public convenience and neces amended (75 Stat. 762, 46 U.S.C. 814h sity authorizing the sale and delivery of which provide free time of 10 days for Interested parties may inspect a copy outbound cargo and 7 days for inbound natural gas in interstate commerce, for cargo exclusive of Saturdays, Sundays, and of the proposed contract form and of permission and approval to abandon holidays. the petition at the Washington office of service, or a petition to amend an exist the Federal Maritime Commission, 1321 Although the proposed rule for assem ing certificate authorization, all as more H Street NW., Room 609; or at the fully described in the respective applica bly time is, on its face, contrary to the offices of the District Managers, New. foregoing order, the Commission wishes tions and petitions (and any supple York, N.Y., New Orleans, La., and San ments or amendments thereto) which to permit the Port of San Diego an op Francisco, Calif. Comments with refer portunity to present facts and arguments are on file with the Commission. ence to the proposed contract form and The Applicants herein have filed re that its proposed rule is lawful and the petition including a request for hear whether, and the extent to which the lated FPC Gas Rate Schedules and pro ing, if desired, may be submitted to the pose to initiate or abandon, add or de aforementioned order should be modified. Secretary, Federal Maritime Commis Therefore, it is ordered, That the Com lete natural gas service in interstate sion, Washington, D.C. 20573, within 20 commerce as indicated by the tabula mission, on its own motion, pursuant to days after publication of this notice in section 22 of the Shipping Act, 1916 (46 tion herein. All sales certificated herein the F ed e r a l R e g is t e r . A copy of any are at rates either equal to or below the U.S.C. 821), institute an investigation to such statement should also be forwarded determine whether the Port of San ceiling prices established by the Com to the party filing the proposed contract mission’s statement of general policy No. Diego’s proposed assembly time rule is form and of the petition (as indicated contrary to section 16 First (46 U.S.C. 61-1, as amended, or involve sales for hereinafter), and the comments should which permanent certificates have been 815) and section 17 (46 U.S.C. 816) of indicate that this has been done. the Shipping Act, 1916, and whether and previously issued. in what respect the Commission should Notice of application to institute an Signal Oil and Gas Co. (Operator), modify its order in Docket No. 1217 exclusive patronage (dual rate) system Applicant in Docket No. G-3978, pro to permit the proposed assembly time filed by: poses to continue the sale of natural gas practice. Mr. P. J. Warmstein, Secretary, North At heretofore authorized in said docket to ff is further ordered, That San Diego lantic Israel Eastbound Freight Confer be made pursuant to H. A. Ells et al., unified Port District (Port of San Diego) ence, 26 Broadway, New York, N.Y. 10004. doing business as All Star Gas Co., FPC is hereby named respondent in this pro A proposed form of merchant’s con Gas Rate Schedule No. 2. Said rate sched ceeding, and respondent shall have the tract has been filed and application has ule will be redesignated as that of Ap uraen of proving that its proposal is been made to institute an exclusive plicant. The presently effective rate under ot unlawful and that the Commission’s patronage (dual rate) system on cargo said rate schedule is in effect subject to rder should be amended to permit the transported on vessels of the carriers refund in Docket No. RI63-178. In its implementation of the proposal; members of the North Atlantic Israel certificate application Applicant has in Jt is further ordered, That this matter Eastbound Freight Conference (Agree dicated its intention to be responsible oe assigned for public hearing before an ment No. 8220, as amended) in the trade for the total refund from the time that examiner of the Commission’s Office of from North Atlantic ports of the United the increased rate ’Was made effective «eanng Examiners, and that the hear- States,. Hampton Roads/Maine Range subject to refund. Therefore, Applicant ng be held at a date and place to be to Mediterranean ports of Israel. will be substituted as respondent in the ... rmmed and announced by the pre proceeding pending in Docket No. RI63- siding examiner; The form of contract provides that the 178; the proceeding will be redesignated contract rates shall be 15 percent lower accordingly; and Applicant will be re J * further ordered, That notice of than the ordinary rates published in the T w ° rd er be Polished in the F ed e r a l quired to file an agreement and under Conference tariff, in addition to other taking to assure the refund of all ster and that a copy thereof and terms and conditions which are set forth no ice of hearing be served upon re therein. amounts collected, together with inter spondents; est at the rate of 7 percent per annum, Dated: March 8,1968. in excess of the amount determined to It is further ordered, That any person be just and reasonable in said proceed or than respondents, who desires to By order of the Federal Maritime Commission. ing from the time that the increased ecome a party to this proceeding and rate was made effective subject to refund. T h o m a s L i s i , Wolfe Drilling Co. (Operator) et al., Participate therein, shall file a petition Secretary. o intervene with the Secretary, Federal Applicant in Docket No. G-20256, pro [F.R. Doc. 68-3072; Filed, Max. 12, 1968; poses to continue the sale of natural gas antime Commission, Washington, D.C. 8:48 axn.] heretofore authorized in said docket to
No-. FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4488 NOTICES be made pursuant to Home-Stake Pro (5) It is necessary and, appropriate mission necessary for such sales, all as duction Co. (Operator) et'al., FPC Gas in carrying out the provisions of the hereinbefore described and as more fully Rate Schedule No. 5. Said rate schedule Natural Gas Act that Docket No. CI68- described in the respective applications, will be redesignated as that of Applicant. 798 should be cancelled and that the ap amendments, supplements and exhibits The presently effective rate under said plication filed herein should be proc in this proceeding. rate schedule is in effect subject to re essed as a petition to amend the certifi (B) The certificates granted in para fund in Docket No. RI64-124. Therefore, cate heretofore issued in Docket No. G— graph (A) above, are not transferable Applicant will be made a co-respondent 20256. and shall be effective only so long as in said proceeding; the proceeding will (6) It is necessary and appropriate Applicants continue the acts or opera be redesignated accordingly; and Appli in carrying out the provisions of the tions hereby authorized in accordance cant will be required to file an agreement Natural Gas Act and the public conven with the provisions of the Natural Gas and undertaking to assure the refund ience and necessity require that the Act and the applipable rules, regulations of any amounts collected by it in excess certificate authorizations heretofore is and orders of the Commission. of the amount determined to be just sued by the Commission in Docket Nos. (C) The grant of the certificates is and reasonable in said proceeding. G-3978, G-12150, G-20256, CI62-377, sued in paragraph (A) above shall not The Commission’s staff has reviewed CI63-648, CI64-679, CI66-58, CI66-90, be construed as a waiver of the require each application and recommends each CI66-283, CI67-247, CI67-348, CI67- ments of section 4 of the Natural Gas action ordered as consistent with all sub 1772, and CI68-206 should be amended as Act or of Part 154 or Part 157 of the stantive Commission policies and re hereinafter ordered and conditioned. Commission’s regulations thereunder, quired by the public convenience and (7) The sales of natural gas proposed and is without prejudice to any findings necessity. to be abandoned by the respective Ap or orders which have been or may here After due notice, no petitions to inter plicants, as hereinbefore described, all after be made by the Commission in any vene, notices of intervention, or protests as more fully described in the respective proceedings now pending or hereafter to the granting of any of the respective applications and in the tabulation here instituted by or against the respective applications or petitions in this order in, are subject to the requirements of Applicants. Further, our action in this have been received. subsection (b) of section 7 of the Nat proceeding shall not foreclose nor prej At a hearing held on February 29, ural Gas Act, and such abandonments udice any future proceedings or objec 1968, the Commission on its own motion should be permitted and approved as tions relating to the operation of any received and made a part of the record hereinafter ordered. price or related provisions in the gas in these proceedings all evidence, includ (8) It is necessary and appropriate in purchase contracts herein involved. Nor ing the applications, amendments and carrying out the provisions of the Nat shall the grant of the certificates afore ural Gas Act that the certificates of pub said for service to the particular cus exhibits thereto, submitted in support tomers involved imply approval of all of the respective authorizations sought lic convenience and necessity heretofore issued to the respective Applicants relat of the terms of the respective contracts herein, and upon consideration of the particularly as to the cessation of service record. ing to the abandonments hereinafter permitted and approved should be ter upon termination of said contracts, as The Commission finds : provided by section 7(b) of the Natural (1) Each Applicant herein is a “na minated. (9) It is necessary and appropriate in Gas Act. Nor shall the grant of the tural-gas company” within the meaning certificates aforesaid be construed to of the Natural Gas Act as heretofore carrying out the provisions of the Nat ural Gas Act that the rate suspension preclude the imposition of any sanctions found by the Commission or will be en pursuant to the provisions of the Natural gaged in the sale of natural gas in inter proceeding pending in Docket No. RI65- 599 should be terminated only insofar as Gas Act for the unauthorized commence state commerce for resale for ultimate ment of any sales of natural gas subject public consumption, subject to the juris it pertains to Gulf Oil Corp. FPC Gas Rate Schedule No. 54. to said certificates. diction of the Commission, and wül, (D) The grant of the certificates is therefore, be a “natural-gas company” (10) It is necessary and appropriate in carrying out the provisions of the sued herein on all applications filed after within the meaning of said Act upon July 1, 1967, is upon the condition that the commencement of the service under Natural Gas Act that Signal Oil and Gas Co. (Operator) should be substituted as no increase in rate which would exceed the respective authorizations granted the ceiling prescribed for the given area hereinafter. respondent in the proceeding pending in by paragraph (d) (3) of the Commission’s (2) The sales of natural gas herein Docket No. RI63-178, that said proceed ing should be redesignated accordingly, statement of general policy No. 61-1, as before described, as more fully described amended, shall be filed prior to the ap in the respective applications, amend and that Signal should be required to file an agreement and undertaking. plicable date as indicated by footnote ments and/or supplements herein, will 6 in the attached tabulation. be made in interstate commerce, subject (11) It is necessary and appropriate (E) The initial rate for the sales to the jurisdiction of the Commission in carrying out the provisions of the authorized in Docket Nos. CI68-205 and and such sales by the respective Appli Natural Gas Act that Wolfe Drilling Co. CI68-505 shall be 15 cents per Mcf at cants, together with the construction and (Operator) et al., should be made a co 14.65 p.s.i.a., including tac reimburse operation of any facilities subject to the respondent in the proceeding pending ment, plus B.t.u. adjustment; however, jurisdiction of the Commission necessary in Docket No. RI64-124, that said pro in the event that the Commission amends therefor, are subject to the requirements ceeding should be redesignated accord its policy statement No. 61-1, by adjust of subsections (c) and (e) of section 7 ingly, and that Wolfe should be required ing the boundary between the Panhandle of the Natural Gas Act.” to file an agreement and undertaking. area and the Oklahoma “Other” area (3) The respective Applicants are (12) It is necessary and appropriate so as to increase the initial wellhead able and willing properly to do the acts in carrying out the provisions of the price for new gas in the area involved and to perform the services proposed Natural Gas Act that the respective re herein, Applicants thereupon may sub and to conform to the provisions of the lated rate schedules and supplements as stitute the new rate reflecting the Natural Gas Act and the requirements, designated in the tabulation herein amount of such increase, and thereafter rules, and regulations of the Commis should be accepted for filing as herein collect such new rate prospectively to sion thereunder. after ordered. lieu of the initial rate herein required. (4) The sales of natural gas by the The Commission orders: (F) The initial rate for the sale au respective Applicants, together with the (A) Certificates of public conveniencethorized in Docket No. CI68-683 shall construction and operation of any fa and necessity are issued upon the terms be 17 cents per Mcf at 14.65 p.sdA., sub cilities subject to the jurisdiction of the and conditions of this order, authorizing ject to B.t.u. adjustment as provided for Commission necessary therefor, are re the sales, by the respective Applicants in the contract. . quired by the public convenience and herein of natural gas in interstate com (G) A certificate is issued herein y1 necessity and certificates therefore merce for resale, together with the con Docket iNo. CI68-687 authorizing Appli should be issued as hereinafter ordered struction and operation of any facilities cant to continue the sale of natural gas and conditioned. subject to the jurisdiction of the Com being rendered on June 7, 1954.
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4489 (H) Docket No. CI68-798 is canceled. 124 and said proceeding is redesignated (T) Wolfe Drilling Co. (Operator) (I) The certificates heretofore issued accordingly.* et al., shall comply with the refunding in Docket Nos. G-12150, CI64-679, (S) Within 30 days from the issuance and reporting procedure required by the CI66-58, CI66-90, CI67-348, CI67-1772, of this order Wolfe Drilling Co. (Opera Natural Gas Act and § 154.102 of the and CI68-206 are amended by adding tor) et al., shall execute, in the form regulations thereunder, and the agree thereto or deleting therefrom authoriza set out below, and shall file with the ment and undertaking filed by Wolfe in tion to sell natural gas to the same pur Secretary of the Commission an accept Docket No. RI64-124 shall remain in full chasers and in the same areas as covered able agreement and undertaking in force and effect until discharged by the by the original authorizations pursuant Pocket No. RI64-124 to assure the refund Commission. to the rate schedule supplements as in of any amounts collected by it, together (U) The respective related rate sched dicated in the tabulation herein. with interest at the rate of 7 percent (J) The certificates heretofore issued per annum, in excess of the amount de ules and supplements as indicated in the in Docket Nos. CI62-377, CI66-283, and termined to be just and reasonable in tabulation herein are accepted for f ilin g ; CI67-247 are amended by deleting there said proceeding. Unless notified to the further, the rate schedules relating to the from authorization to sell natural gas contrary by the Secretary of the Commis successions herein are accepted and from acreage assigned to Applicants sion within 30 days from the date of redesignated, subject to the applicable in Docket Nos. CI68-808, CI68-807, and submission, such agreement and under Commission Regulations under the Nat CI68-802, respectively. (K) The certificates heretofore Issued taking shall be deemed to have been ural Gas Act to be effective on the dates in Docket Nos. G-3978, G-20256 and accepted for filing. as indicated by the tabulation. CI63-648 are amended by changing the By the Commission. certificate holders to the respective suc 2 Home-Stake Production Company (Op erator) et al., Wolfe Drilling Company (Op [seal] Gordon M. G rant, cessors in interest as indicated in the erator) etal. tabulation herein. Secretary. (L) Permission for and approval of the abandonment of service by the re FPC rate schedule to be accepted Docket No. Purchaser, field,, and spective Applicants, as hereinbefore and date filed Applicant location described, all as more fully described in Description and date No. Supp. the respective applications and in the of document tabulation herein are granted. G-3978.:____ Signal Oil & Gas Co. (M) The certificates heretofore issued Lone Star Gas Co., acre : H. A. Ells et al.. d.b.a. 14 E 11-13-67 (Operator) (successor age in Carter County, All Star Gas Co., in Docket Nos. G-9673, G-9762, G-10918, to EL A. Ells et ah, Okla. dJb.a. All Star Gas FPCGRSNo.2. and CI62-307 are terminated. Supp. Nos. 1-2.____ 14 (N) The rate suspension proceeding Co.). Notice of succession 11-8-67. pending in Docket No. RI65-599 is ter Assignment 1-30-67 1. . 14 3 minated only insofar as it pertains to G-12150... Effective date: Cities Service Oil Co__ Colorado Interstate Gas Assignment 2-26-65 2 *__ Gulf Oil Corp. FPC Gas Rate Schedule D 1-8-68 Co., Southwest Camp 100 12 No. 54. Creek Field, Beaver County, Okla. (O) Signal Oil and Gas Co. (Operator) d62-377__ Paul H. Ash et al.r Equitable Gas Cb>., Skin Supplemental agree- 6 3 is substituted in lieu of H. A.' Ellis et aL, D 1-5-68 d.b.a. A & C Oil& Creek District, Lewis ment 12-6-67,3 * Gas Co. County, W. Va. doing business as All Star Gas Co., as CI63-648__ William A. Sidwell, Jr. El Paso Natural Gas Co., The Sidwell Coro.. 1 respondent in the proceeding pending in E 11-3-67 (successorio The acreage in San Juan FPC GRS No. I. Docket No. RI63—178 and the proceeding Sidwell Corp.). County, N . Mex. Notice of succession is redesignated accordingly.1 11-1-67. Assignment 5-1-67 «. 1 1 (P) Within 30 days from the issuance Effective date: 5-1-67.. CI64-679._. Livingston Oil Co. Kansas-Nebraska Natu Letter Agreement 16 4 of this order Signal Oil and Gas Co. C 1-8-688 ral Gas Co., Inc., 10-13-67.* (Operator) shall execute, in the form i Bradshaw-Wedel Field, Hamilton County, out below, and shall file with the Kans. Secretary of the Commission an accept C166-58_____ Texaco, Inc. Cities Service Gas Co., Amendment 10-13-67 *«. 355 i able agreement and undertaking to as- D 11-13-67 South Bishop Field, Ellis County, Okla. r^ th e refund of all amounts collected, CI66-90___ Texas Gas Exploration Texas Gas Transmission. Amended Contract 19 1 together with interest at the rate of 7 C 1-4-68 Copr. (Operator) et al. Corp., St. Charles: Area, 8-18r-67.» Hopkins County, Kj.. Percent per annum, in excess of the CI67-348__ Sanford E. McCormick.. United Gas Pipe Line Amendment 3-28-67 1 1 S ? Untu1de.termined to be just and C 1-8-68 < Co., Riverside Field, ! Amendment 12-19-67 *10 Walker and Trinity 1 2 sa*d Proceeding from the Counties, Tex. CI67-1772.___ Texota Gil Co., efw-k ike increased rate was made Arkansas" Louisiana Gas Description of assign- 2 5 euective subject to refund. Unless notified C 12-13-67 (Operator) et aL Co., acreage in Atoka meirfe (Undated).» as amended County et al., Oklahoma Effective date: 7-6-67.. Onin *v! i eeutrary by the Secretary of the 12-28-67- and and Franklin County dahw!!881^ .^ k in 30 days from the 1-25-68« et aL, Ark. CI68-205...... Anadarko Production Cities Service Gas Co.; . Contract 7-10-67 * u____ un d submission, such agreement and A 8-25-67 « Co. Avaxd Area, Woods 135 County, Okla. accent^1^ s*a11 be deemed to have been CI68-206___ Midwest Oil Corp. “t-cepted for filing. Arkansas Louisiana Gas Amendment 10-26-67 *_ 45 C 11-30-67 Co., Mansfield Field, 2 tor) L f i f 1*1 °,U and Gas Co. (Opera- Scott, County, Ark. CI68-505...... G. M. Close (Operator) Cities Service Gas Co., Contract 9-22-67713 2 renoWirfr!1 comply ^ith the refunding and A 9-29-67« etal. Avard Area, Woods K r a i gn pro9edure required by the County, Okla. CI68-561____ Wm. D. McBee (Op Lone Star Gas Co., Notice of cancellation 1 1 SatL S a^ Act 811(1 § 154102 of the (G-9762) erator) et ah Sherman Field, Gray 10-17-67.» » mStanT^ i ^ n d e r , and the agree- . B 10-18-67 son County, Tex. Docket filed bF Signal in CI68-666-...... Sun Ofl Co. (South Panhandle Eastern Pipe Contract 5-2-67 *_ . A 11-13-67 « west Division). Line Co., Northwest 227 force and o5 16?“17* sha11 remain in full Dombey and Wést Lorena Fields, Texas Commission^ Untl1 discharSed by the County, Okla. et ah Drilling Co- (Operator) Procepdit, ^nf'd e c °-respondent in the Filing code: A—Initial service. mg Pending in Docket No. RI64- B— Abandonment. C—Amendment to add acreage. D—Amendment to delete acreage. E— Succession. 1 Signal Oil and Gas Co. (Operator). F—Partial succession. See footnotes at end of table.
FEDERAL REGISTER, VOL, 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4490 4490
FPC rate schedule to be accepted FPC rate schedule to be accepted Docket No. Purchaser, field, and Docket No. Purchaser, field, and _ Applicant location and date filed Applicant location and date filed Description and date No; Supp: Description and date No. Supp. of document of document
Richard F. Clayton El Paso Natural Gas Co., Contract 11-13-67. CI68-683...... Robert E. Aikxnan, Panhandle Eastern Pipe 19 CI68-813-...... 19 1 A 1-8-68 « et al. Basin Dakota Pool, A 11-17-67 « d.b.a. A.I.K., Ltd., Line Co., West Chester Compliance 1-17-687 u~ San Juan County, No. 2 (Operator) Field, Woodward N . Mex. et al. County, Okla. Texas Oil & Gas Corp. Cities Service Gas Co., Contract 12-14-677 as.... Mrs. Grace L. Handley, United Fuel Gas Co., 1 CI68-814...... CI68-687...... 1 1 A 1-8-68 8 et al. Mocane Laverne Area, A 11-20-67 « 1«. agent for Barrett Oas Duval District, Lin Letter agreement Beaver County, Okla. coln County, W. Va. 12-15-52.77 Co. _____ » CI68-798..... Wolfe Drilling Co. Cities Service Gas Co., Home-Stake Produc- 1 tion Co. (Operator) (0-20256) (Operator) et al. East Orlando Field, i Transfers interest from H. A. Ells et al., doing business as All Star Gas Co. to Signal Oil & Gas Co. E 1-2-68 >8 (successor to Home- Payne County, Okla. et al., FPC GRS No. 5. a Assigns acreage from Applicant to Southwestern Oil Industries, Inc. Stake'Production Co. a Eflective date: Date of this order...... _ . . , _ , , (Operator) et al.). Supplement No. 1...... 1 1 Notice of succession * Deletes the Fred B. Harris et ux., Lease, which has been assigned to Allegheny Land & Mineral Co., agent for 12-28-67. Appalachian Natural Resources, Inc., et al., in Docket No. CI68-808. Assignment 4-1-67_____ 1 2 s Assigns acreage from The Sidwell Corp. to William A. Sidwell, Jr. «Jan. 1 1970, moratorium pursuant to the Commission’s statement of general policy No. 61-1, as amended. 7 Effective date: Date of initial delivery (Applicant shall advise the Commission as to such date). CI68-799...... Fred Morgan (Opera Cities Service Gas Co., Notice of cancellation 1 2 12-27-67.» m s Deletes 260 acres, Lease Nos. 197986 and 198325. The leases expired Dec. 15,1966. (0-9673) tor) et al. acreage in Cleveland # Contract supersedes previous contract dated June 21,1965, FPC GRS No. 19, increases minimum and maximum County, Okla. B 1-2-68 r.nnfxap.t. 7-19-ßfi B 7 daily contract quantities and adds acreage. , , , , _ CI68-802..;__ Kirkpatrick Oil & Gas Panhandle Eastern Pipe 10 Adds acreage and amends contract to provide for initial rate of 14 cents with 1 cent per Mcf increases every 5 (CI67-247) Co. (successor to John Line Co., Mayes Unit, Amendment 9-9-66...... 7 1 Assignment. 12-6-67____ 7 2 years until price of 17 cents is attained. (Extends contract term from 5 years to Jan. 1, 1988.) F 1-4-68 L. Crawford). Woods County, Okla. ii All assignments are dated July 6, 1967. They transfer Steve Gose’s interest in the subject properties to Appli cant. These' assignments are on file as an Exhibit to the application in Docket No. CI67-1772. (The assignors’ sales C168-804...... Gulf Oil Corp., et al___ Arkansas Louisiana Gas Notice of cancellation 353 3 1-2-68.31< from the properties were never certificated.) '* (CI62-307) Co., South Marlow u Commits acreage with respect to gas produced from all depths above the base of The Sylvan Shale. B 1-5-68 Field, Stephens is Contract rate is 17 cents per Mcf; however, Applicant has stated its willingness to accept a permanent certificate County, Okla. at 15 cents per Mcf, plus B.t.u. adjustment. CI68-805.... .do. Panhandle Eastern Pipe Notice of cancellation 20 54 12-7-67.8 « 11 Source of gas depleted. (0-10918) Line Co., Haviland » Complies with temporary certificate issued Jan. 12, 1968. Apphcant states willingness to accept a permanent B 1-5-68 Pool, Kiowa County,
certificate at 17 cents per Mcf plus B.t.u. adjustment. NOTICES Kans. is Sale being rendered on June 7,1954. GI68-807...... Thomas N. Berry & Kansas-Nebraska Natural Pnntraet 4-29-65 21 • 10 Assignment 4-24-677. . . . 10 1 17 Increases contract rate from 15 cents to 16 cents per Mcf. ... . (CI66-283) Co. (successor to Gas Co., Inc., South 18 Application erroneously assigned Docket No. CI68-798 being treated as a petition to. amend the certificate F 1-5-68 Mobil Oil Corp.). east Liberal Area, heretofore issued in Docket No. G-20256 and Docket No. CI68-798 is being canceled. Texas County, Okla. Equitable Gas Co., Skin 14 » On file as John L. Crawford FPC GRS No. 3...... , CI68-808...... Allegheny Land & Mini 20 Rate of 16 cents in effect subject to refund in Docket No. RI65-599; no money was collected subject to refunp . (CI62-377) era! Co., agent for Ap T Creek District, Lewis Agreement 12-6-67 23__ 14 1 Eflective date: 12-13-66.. under the contract; therefore, the rate suspension proceeding pending in said docket will be terminated only insofar F 1-5-68 palachian Natural County, W. Va. as it pertains to Gulf’s FPC GRS No. 54. Resources, Inc., et al. 1 21 Currently on file as Mobil Oil Corp. FPC GRS t Jo. 380. . . . . „ _ , C168-810. Prue Oil Co., Inc. Cities Service Gas Co., Ratified 12-30-67 24...... 1 1 22 The acreage involved was originally covered under Paul H. Ash et al,, doing business as A & C Oil & Gas Co., A 1-8-6! (Operator) et al. East Cushing Field, FPC GRS No. 6. This acreage was assigned through a court order to Appalachian. Subsequently, Appalachian and Creek County, Okla. Ratified 12-30-67 24...... 1 2 Ratified 12-30-67 24...... 1 3 Equitable executed a new contract, No. 6216, to cover this sale. 23 Ratified 12-30-67 21...... 1 4 Deletes subject acreage from the original Contract No. 5699. „ „ „ _. 24 Ratified 12-30-67 2*...... 1 5 Ratification of contract dated Oct. 29,1967, by Dr. M. Sanders, Prue Oil Co., Inc., Nan McCommon Shaw, Ratified 12-30-67 2*...... 1 6 R H Chance E. D. Litton, J. R. Todd, V. C. ^avin, G. W. Pollard, Jr., W. F. Cochran, III, R. E. Sitler, K. L. Ratified 12-30-67 24...... 1 7 Smith R G Donaldson, Raymond L. and Evangeline Harris, R. R. Hammel, Mr. and Mrs. James L. Burgess, Ratified 12-30-67 24...... 1 8 R C ’Roe D W Hammel, D. B. Price, D. L. Harlan, A. E. Case, D. W. Perrin, M. C. Clark, J. E. Mellon, Mr. Ratified 12-30-67 24...... 1 9 and Mrs R L. Williams, W. W. Warren, M. Rhodes, L. P. Mitchell, and T. J. Corley, respectively. (Ratifications Ratified 12-30-6724...... 1 10 also provide that nonoperators will pay Prue, acting as agent for Wichita Gas System, 5 cents per Mcf for gathering Ratified 12-30-67 24...... 1 11 and compression. . , . . _, . _ Ratified 12-90-67 24...... 1 12 28 Dedication of acreage limited to formations above the base of The Mississippi Limestone Zone. Ratified 12-30-67 24...... 1 13 Suggested agreement and undertaking; Natural Gas Act insofar as they are applicable Ratified 12-30-67 «4...... 1 14 to the proceeding in Docket N o._____ (and Ratified 12-30-6724...... 1 15 B e f o r e t h e F ed e r a l P o w e r C o m m is s io n Ratified 12-30-6724...... 1 16 has caused this agreement and undertaking Ratified 12-30-6724...... 1 17 (Name of Respondent------) to be executed and- sealed in its name by Ratified 12-30-6724...... 1 18 its officers, thereupon duly authorized in Ratified 12-30-6724...... 1 19 Docket No______Ratified 12-30-6724...... 1 20 accordance with the terms of the resolution Ratified 12-30-6724...... 1 21 AGREEMENT AND UNDERTAKING OF (NAME OF of its board of directors, a certified copy of Ratified 12-30-6724...... 1 22 RESPONDENT) TO COMPLY WITH REFUNDING which is appended hereto *) th is _____ day Ratified 12-30-6724...... 1 23 of ...... 196__ Ratified 12-30-6724...... 1 24 AND REPORTING PROVISIONS OF SECTION 15 4 .- Ratified 12-30-6724...... 1 25 102 OF THE COMMISSION’S REGULATIONS UN B y ------Ratified 12-30-6724...... 1 26 DER THE NATURAL GAS ACT (Name of Respondent) R atified 12-30-67 24 . . 9 1 27 Attest: Ratified 12-30-677 24...... 1 28 (Name of Respondent) hereby agrees and [F.R. Doc. 68-2965; Filed, Mar. 12, 1968; See footnotes at end. of table. undertakes to comply with the refunding 8:45 a.m.] and reporting provisions of section 154.102 of the Commission’s regulations under the 1 If a corporation.
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4491 [Docket No. RI68-491} MOBIL OIL CORP. Order Providing for Heoring on and Suspension of Proposed Changes in Rates
M arch 6 Id68 . 9^ *1fkrua^ 1968, Mobil Oil Corporation (Mobil) 1 tendered for filing proposed changes in its presently effective rate schedule for sales of natural gas subject to the jurisdiction of the Commission. The proposed fthangAg which constitute increased rates and charges, are designated as follows: ^ w wuuiges, wmcn constitute
Effective Cents per Met Rate in 1 Rate Sup- Amount Date Docket Respondent sched ; ple- date Date sus t effect sub No. Purchaser and producing area of an n u i filing unless pended ject to ule ment increase No. No. tendered sus until— Rate m ' Proposed refund in pended effect increased docket rate Nos. RI68-491_ . Mobil Oil Corp., 368 U El Paso Natural Gas Co. (Pegasus 2 $11,203 2-6-68 »3-7-68 8-7-68 2 « 14.5 2 4 5 16.0 Post Office Box Gasoline Plant, Midland and Up 7 7,010 1774, Houston, ton Counties, Tex.), (RR. District 7 «16.6 2 7 » 18.243 Tex. 77001, Attn; N os. 8 and 7-C> (Permian Basin R. D. Haworth, Area). Esq.
mu ! r loemuo nut uenveu ixoiii new gas-wen gas. 7 Applicable to residue gas derived from new gas-well gas. . J “e stated effective date is the first day after expiration of the statutory notice « Mobfi is filing for contractually due rate of 18 cents per Mcf, plus 0.243 cent per 1966 Fractured rate mcrease. Mobil contractually due 18 cents per Mcf as of Augi I, Mcf tax reimbursement, due as of Aug. 1,1966,. ‘ Rate of 18.243 cents per Mcf suspended until June 28, 1968, fn Docket No. RI68- f Pressure base is 14.65 p.s.i.a. 409, by order issued Jan. 31,1968. ” ^dffl is 15dceTnts per Mcf suspended until June 28, 1968, in Docket No, RI68-409, by order issued Jan. 31,1968 Mobil requests that its proposed rate time as it is made effective in the manner The application states that Inspira increases be permitted to become effec prescribed by the Natural Gas Act. tion has undertaken construction of a tive on February 5, 1968. Good cause has (C) Neither the supplement hereby copper rod mill near its existing power not been shown for waiving the 30-day suspended, nor the rate schedule sought plant and smelter, and has requested El notice requirement provided in section to be altered thereby, shall be changed Paso to furnish natural gas as fuel for 4(d) of the Natural Gas Act to permit until this proceeding has been disposed the mill. an earlier effective date for Mobil’s rate of or until the period of suspension has filing and such request is denied. Applicant estimates the total cost of expired, unless otherwise ordered by the the facilities to be $45,718, such cost to Mobil’s proposed rate increases exceed Commission. the applicable area ceiling rates estab be financed out of working funds. CD) Notices of intervention or peti The application further states that the lished in the related quality statement tions to intervene may be filed with the estimated peak day and annual natural previously accepted by Commission pur- Federal Power Commission, Washington, gas requirements of the new rod mill are* Opinion No. 468, as amended, D.C. 20426, in accordance with the rules 1 »320 Mcf and 321,000 Mcf, respectively. and should be suspended for five months of practice and procedure (18 CFR 1.8 It is stated tha^ these quantities can be from March 7, 1968, the date of expira and 1.37(f)) on or before April 24, 1968. tion of the statutory notice, as ordered delivered within the limits of Appli herein. By the Commission. cant’s present firm delivery obligation to Inspiration. It is stated that the rate The proposed changed rates and [seal] G ordon-M . G rant, applicable to the sale of the gas is at the narges may be unjust, unreasonable, un- Secretary. same level as the rate in effect from time ainy discriminatory, or preferential, or [F.R. Doc. 68-3044; . Filed, Mar. 12, 1968; to time under El Paso’s Rate Schedule otherwise unlawful. 8:45 a.m.J B -l, FPC Gas Tariff, Original Volume co3?e C°mmission finds: It is neces- No. 1. *Î!nd Pr°Phr in the public interest [Docket No. CP68—240} Protests or petitions to intervene may fhA ^ enforcement of be filed with the Federal Power Commis thQf?£ov^ions of Natural Gas Act EL PASO NATURAL GAS CO. sion, Washington, D.C. 20426, in accord mat the Commission enter upon a hear- ance with the rules of practice and pro 'S *2tT aaa* the ^wfulness of the pro- Notice of Application cedure (IS CFR 1.8 or 1.10) and the reg nat . cbanf es> and that the above-desig- M arch 7, 1968. ulations under the Natural Gas Act u l * ? UPP1*ment be ¡suspended and the Take notice that on March 1, 1968, El (5 157.10) on or before April 4, 1968. ordered?^* deferred as hereinafter Paso Natural Gas Co. (Applicant), Post Take further notice that, pursuant to Office Box 1492, El Paso, Tex. 79999, the authority contained in and subject The Commission orders: . filed in Docket No. CP68-240 an applica to the jurisdiction conferred upon the NatumroSUa?tLto the authority of the tion pursuant to section 7(c) of the Nat Federal Power Commission by sections and**!?*? S -M*" Particularly sections 4 ural Gas Act for a certificate of public 7 and 15 of the Natural Gas Act and the o f L 5^ ere° i’ the Commission's rules convenience and necessity authorizing Commission’s rules of practice and pro latfrfn?« / nd procedure, and the regtt- the construction and operation of facil cedure, a hearing will be held without Cpj^nsun^r the Natural Gas Act (18 further notice before the Commission on ities for direct sale and delivery of nat this application if no protest or petition held imL I’ Î ? ublic hearing shall be ural gas to Inspiration Consolidated to intervene is filed within the time re from thp^fnd +te to be fixed by notice Copper Co. (Inspiration) near Inspira quired herein, if the Commission on its fulSsshnfSfhIeta7 concerning the law- tion, Ariz., all as more fully set forth in own review of the matter finds that a and charp-p!16 pr?P-osed increased rates the application which is on file with the No. ii to in Supplement Commission and open to public inspec grant of the certificate is required by the No’ 368 s ^*C Gas Rate Schedule tion. public convenience and necessity. If a protest or petition for leave to intervene Specifically, Applicant proposes the cisiiw ?fnding' such hearing and de is timely filed, or if the Commission on construction and operation of the fol its own motion believes that a formal rate supnfpm011’* aforementioned lowing facilities; Rearing is required, further notice of such the usePth Ü rlt ISÎiereb3r suspended and (1) 0.27 mile of 41/£ inch O.D. pipeline; hearing wiH be duly given. 1968 andht Î 5 dj?erred until August 7, C2) A measuring and regulating sta _ hereafter until, such further Under the procedure herein provided tion. for, unless otherwise advised, it will be Adtirear fe: Post Office Box 1774, Houston, Tex. 77001. Attention ; R. D. Haworth, Esquire.
FEDERAL REGISTER, V O L 32, NO. 50— WEDNESDAY, MARCH 13r 1968 4492 NOTICES unnecessary for Applicant to appear or affected and no service will be discon ing sections 6 (a) and 7 of the Act and be represented at the hearing. tinued or diminished. Rule 50 promulgated thereunder as ap Protests or petitions to intervene may plicable to the transaction proposed Gordon M. Grant, therein. All interested persons are re Secretary. be filed with the Federal Power Commis sion, Washington, D.C. 20426, in accord ferred to the declaration, which is sum [F.R. Doc. 68-3046; Filed, Mar. 12, 1968; ance with the rules of practice and pro marized below, for a complete statement 8:46 a.m.] cedure (18 CFR 1.8 or 1.10) and the regu of the proposed transaction. lations under the Natural Gas Act Consolidated proposes to issue and [Docket No. RI68-435, etc.] (§ 157.10) on or before April 4,1968. sell, subject to the competitive bidding Take further notice that, pursuant to requirements of Rule 50 promulgated EDWIN M. JONES OIL CO. ET AL. the authority contained in and subject under the Act, $30 million principal Order Permitting Rate Filing, Accept to the jurisdiction conferred upon the amount o f ___ percent debentures due Federal Power Commission by sections April 1, 1993. The interest rate of the ing Contract Amendments, Provid 7 and 15 of the Natural Gas Act and the debentures (which shall be a multiple of ing for Hearings on Suspension Commission’s rules of practice and pro one-eighth of 1 percent) and the price, of Proposed Changes in Rates; cedure, a hearing will be held without exclusive of accrued interest, to be paid Correction further notice before the Commission on to Consolidated (which shall be not less February 29,1968. this application if no protest or petition than 99 percent nor more than 102 per Edwin M. Jones Oil Co. et al., Docket to intervene is filed within the time re cent of the principal amount thereof) No. RI68-435 etc.; Northern Natural quired herein, if the Commission on its will be determined by the competitive Gas Producing Co. (Operator) et al., own review of the matter finds that bidding. The debentures will be issued Docket No. RI68-442. permission and approval for the proposed under an Indenture dated as of July 1, abandonment is required by the public 1967, between Consolidated and Irving In order permitting rate filing, ac convenience and necessity. If a protest Trust Co., as Trustee, as supplemented by cepting contract amendments, provid or petition for leave to intervene is timely the First Supplemental Indenture dated ing for hearings on and suspension of filed, or if the Commission on its own as of April 1, 1968. There will be an proposed changes in rates issued Febru motion believes that a formal hearing annual sinking fund of $1,200,000 start ary 9, 1968, and published in the F ederal is required, further notice of such hear ing at the beginning of the sixth year of R egister February 16, 1968 (F.R. Doc. ing will be duly given. the issue of the debentures, leaving a 68-1915), 33 F.R. 3088, Docket Nos. Under the procedure herein provided balance of $6 million payable at maturity RI68-435 et al., for Docket No. RI68- for, unless otherwise advised, it will be of the issue. 442, Northern Natural Gas Producing unnecessary for Applicant to appear or The proceeds from the sale of the Co. (Operator) et al., under column be represented at the hearing. debentures will be used to finance, in headed “Docket No.”, change “RI48-442” part, the 1968 construction programs of to read “RI68-442.” Gordon M. Grant, the subsidiary companies, presently es Secretary. Gordon M. Grant, timated at $115 million. The balance of Secretary. [F.R. Doc. 68-3048; Filed, Max. 12, 1968; funds required for the 1968 construction 8:46 a.m.] [F.R. Doc. 68-3047; Filed, Max. 12, 1968; programs will be obtained from internal 8:46 a.m.] cash sources of the'Consolidated system and short-term financing. Fees and expenses incident to the pro [Docket No. CP68-239] NATIONAL GALLERY OF ART posed transaction are estimated at $93,- 000, including independent consulting SOUTHERN NATURAL GAS CO. VISITING HOURS geologists’ fees and expenses of $10,000, Notice of Application Effective April 1, 1968, the National accounting fees of $4,000, and $27,500 of Gallery of Art will be open to the public service charges, at cost, of Consolidated March 7,1968. during the following'schedule of hours: Natural Gas Service Co., Inc., the system Take notice that on March 1, 1968, service company. The fees and expenses April 1 through Labor Day: Southern Natural Gas Co. (Applicant), Sunday: 12 noon to 10 p.m. of counsel for the underwriters, to be paid Post Office Box 2563, Birmingham, Ala. Weekdays: 10 a.m. to 9 p.m. I n A ciir.p.A.Q.cifnl ViiHHprs. will t>c supplied 35202, filed in Docket No. CP68-239 an From Labor Day through March 31: by amendment. application pursuant to section 7(b) of Sunday: 12 noon to 10 p.m. The declaration states that no State the Natural Gas Act for permission and Weekdays: 10 am. to 6 p.m. commission and no Federal commission, approval to abandon certain natural gas Ernest R. F eidler, other than this Commission, has juris facilities, all as more fully set forth in Secretary. diction over the proposed transaction. the application on file with the Com Notice is further given that any inter mission and open to public inspection. [F.R. Doc. 68-3067; Filed, Mar. 12, 1968; 8:48 a.m.] ested person may, not later than April l, Specifically, Applicant seeks permis 1968, request in writing that a hearing sion to abandon its Plant Urquhart be held on such matter, stating tne branch line in Aiken County, S.C., which nature of his interest, the reasons to is 2.614 miles of 8% -inch O.D. pipeline, SECURITIES AND EXCHANGE such request, and the issues of fact o and its Plant Urquhart, Beech Island law raised by said declaration which n and North Augusta measuring stations. COMMISSION desires to controvert; or he may reques Applicant proposes to abandon the fa that he be notified if the Commissio cilities by sale to South Carolina Electric [70—4600] should order a hearing thereon. Any & Gas Co. (South Carolina). South Car such request should be addressed: Sec olina will pay Applicant $122,039.08 for CONSOLIDATED NATURAL GAS CO. tary, Securities and Exchange Commi - the facilities and $5,256.00 for the land. Notice of Proposed Issue and Sale of sion, Washington, D.C. 20549. A c°Py . The application further states that the Debentures at Competitive Bidding such request should be served persona y purpose of the sale is to enable South or by mail (air mail if the person 0® ° Carolina to integrate its distribution M arch 6,1968. served is located more than 500 mu system and relieve Applicant of the duty Notice is hereby given that Consoli from the point of mailing) upon t to maintain the facilities. In the future dated Natural Gas Co. (“Consolidated”) , declarant at the above-stated adar South Carolina will purchase gas from 30 Rockefeller Plaza, New York, N.Y. and proof of service (by affidavit or, Applicant at one delivery point instead 10020, a registered holding company, has case of an attorney at law, by certinca of three. filed a declaration with this Commission should be filed with the request. At any The application also states that its pursuant to the Public Utility Holding time after said date, the declaration, design daily delivery capacity will not be Company Act of 1935 (“Act”) , designat filed or as it may be amended, may
FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4493 permitted to become effective as provided 8, 1968, through March 17, 1968, both in Rule 23 of the general rules and dates inclusive. regulations promulgated under the Act, or the Commission may grant exemption By the Commission. from such rules as provided in Rules [seal] Orval L. DtrBois, 20(a) and 100 thereof or take such other Secretary. ' [Notice 489} action as it may deem appropriate. Per [FR. Doc. 68—3059; Filed, Mar. 12, 1968; MOTOR CARRIER ALTERNATE ROUTE sons who request à hearing or advice as 8:47 am.} to whether a hearing is ordered will DEVIATION NOTICES receive notice of further developments M arch 8,1968. in this matter, including the date of the FASTLINE, IN C hearing (if ordered) and any postpone The following letter-notices of pro Order,Suspending Trading posals to operate over deviation routes ments thereof. for operating convenience only have For the Commission (pursuant to March 7,1968. been filed with the interstate Commerce delegated authority). It appearing to the Securities and Ex Commission, under the Commission's change Commission that the summary deviation rules revised, 1957 (49 CFR EsealI Orval L. D uBois, suspension of trading in the common 211.1(c)(8)) and notice thereof to all Secretary. stock of Fastline, Inc., New York, N.Y., interested persons is hereby given as [F.R. Doe. 68—3057; Filed, Mar. 12, 1968; being traded otherwise than on a na provided in such rules (49 CFR 211.1 8:47 aan.} tional securities exchange is required in (d>(4)). the public interest and for the protec Protests against the use of any pro [File No. 1-3421} tion of investors; posed deviation route herein described It is ordered, Pursuant to section 15 may be filed with the Interstate Com CONTINENTAL VENDING MACHINE (c) (5) of the Securities Exchange Act merce Commission in the manner and CORP. of 1934, that trading in such securities form provided in such rules (49 CFR otherwise than on a national securities 211.1(e)) at any time, but will not Order Suspending Trading exchange be summarily suspended, this operate to stay commencement of the March 7, 1968. order to be effective for the period proposed operations unless filed within It appearing to the Securities and March 8, 1968, through March 17, 1968, 30 days from the date of publication. Exchange Commission that the summary both dates inclusive. Successively filed letter-notices of the suspension of trading in the common By the Commission. same carrier under the Commission’s stock, 10 cents par value of Continental deviation rules revised, 1957, will be Vending Machine Corp., and the 6 per [seal] Orval L. DtrBois, numbered consecutively for convenience cent convertible subordinated debentures Secretary. in identification and protests if any due September 1, 1976, being traded [FH. Doe. 68-3060; Filed, Mar. 12, 1968; should refer to such letter-notices by otherwise than on a national securities 8 :47 ajn.] number. exchange is required in the public inter- Motor Carriers op Property est and for the protection of investors: [File No. 1-4371} . ” ordered, Pursuant to section No.MC 1515 (Deviation No. 431) (Can 15(c) (5) of the Securities Exchange Act WESTEC CORP. cels Deviation No. 215), GREYHOUND of 1934, that trading in such securities LINES, INC. (Eastern Division), 1400 otherwise than on a national securities Order Suspending Trading West Third Street, Cleveland, Ohio, filed February 26, 1968. Carrier proposes to exchange be summarily suspended, this M arch 7,1968. operate as a common carrier, by motor ?, er, to be effective for the period The common stock, 10 cents par value, vehicle, of passengers and their baggage, 8, i&68, through March 17, 1968, of Westec Corp., being listed and regis ooth dates inclusive. and express and newspapers in the same tered on the American Stock Exchange vehicle with passengers, over deviation By the Commission, pursuant to provisions of the Securities routes as follows: (1) From junction U.S. Exchange Act of 1934 and all other Highway 21 and Ohio Highway 82 over Tseal] Orval L. DtrBois, securities of Westec Corp., being traded Secretary„ Ohio Highway 82 to junction Interstate otherwise than on a national securities Highway 77, thence over Interstate High [F.R. Doc. 68-3058; Filed, Mar. 12, 1968; exchange; and way 77 to junction Ohio Highway 176, 8:47 am.} It appearing to the Securities and Ex southeast of Ghent, Ohio, (2) from Ak change Commission that the summary ron, Ohio, over Interstate Highway 77 to [File No. 2-14698} suspension of trading in such securities Canton, Ohio, (3) from Canton, Ohio, on such Exchange and otherwise than over Interstate Highway 77 to junction CORMAC CHEMICAL CORP. on a national securities exchange is re Tuscarawa County Road 53, thence over quired in the public interest and for Order Suspending Trading Tuscarawa County Road 53 to junction the protection of investors: U.S. Highway 21 at Stone Creek, Ohio, MARCH 7, 1968 It is ordered, Pursuant to sections (4) from Strasburg, Ohio, over U.S. 15(c) (5) and 19(a)(4) of the Securities Highway 21 to junction Interstate High chantP^aring.to.ttie Securities and E Exchange Act . of 1934, that trading in susnemn Com^ussi°11 that the summa way 77, (5) from Dover, Ohio, over Ohio s t S S o °f trading in the comm such securities cm the American Stock Highway 39 to junction Interstate High yS w v °umac Chemical Corp., N Exchange and otherwise than on a na way 77, (6) from New Philadelphia, Ohio, on a ’no+T'’ bfmg traded otherwise th tional securities exchange be summarily over U.S. Highway 21 to junction Inter quireitn ^ al se?urities exchange is i suspended, this order to be effective for state Highway 77, (7> from junction P ro w f1 th<; public interest and for t Ohio Highway 541 and U.S. Highway 21 Protection of investors: the period March 8,1968, through March over Ohio Highway 541 to junction In 17,1968, both dates inclusive. ((cU5) ^rsuant to section terstate Highway 77, thence over Inter l&34 thfJ h! purities Exchange Act By the Commission. state Highway 77 to junction Alternate U.S. Highway 50, thence over Alternate otherT FEDERAL REGISTER, V O L 33, NO. 50— WEDNESDAY, MARCH 13, 196« 4494 NOTICES Highway 40 to junction Interstate High County Highway Z to junction U.S. High baggage, and express and newspapers way 77, (10) from junction Ohio High way 12, thence over U.S. Highway 12 to in the same vehicle with passengers, over way 313 and U.S. Highway 21 over Ohio j miction Sauk County Highway W at a deviation route as follows: From junc Highway 313 to junction Interstate High Baraboo, Wis., thence over Wisconsin tion New Jersey Highway 73 and Inter way 77. Highway 33 to junction U.S. Highway state Highway 295 located in Mount (11) From junction U.S. Highway 21 12, thence over U.S. Highway 12 to junc Laurel Township, N.J., over Interstate and Interstate Highway 77, north of tion Wisconsin Highway 172, thence over Highway 295 to junction New Jersey Caldwell, Ohio, over U.S. Highway 21 to Wisconsin Highway 172 through Eau Highway 38, and return over the same Caldwell, Ohio, (12) from junction Ohio Claire, Wis., to junction U.S. Highway 12, route, for operating convenience only. Highway 78 and U.S. Highway 21 just thence over U.S. Highway 12 to St. Paul, The notice indicates that the carrier is south of Caldwell, Ohio, over Ohio High Minn, (also from Middleton, Wis., over presently authorized to transport pas way 78 to junction Interstate Highway U.S. Highway 14 via La Crosse, Wis., to sengers and the same property, over per 77, and (13) from Macksburg, Ohio, over La Crescent, Minn., thence over U.S. tinent service routes as follows: (1) Washington County Road 301 to junc Highway 61 to Hastings, Minn.), (also From Philadelphia, Pa., across the Dela tion Interstate Highway 77, and return from Tomah, Wis., over U.S. Highway 16 ware River to Camden, N.J., thence over over the same route, for operating con via West Salem, Wis., to La Crosse, Wis.), unnumbered highway to Mount Holly, venience only. The notice indicates that (2) from the Illinois-Wisconsin State N.J. (also from Camden over New Jersey the carrier is presently authorized to line at Beloit, Wis., over U.S. Highway Highway 38 to junction unnumbered transport passengers and the same prop 51 to Janesville, Wis., (3) from Janesville, highway, thence over unnumbered high erty over pertinent services routes as Wis., over U.S. Highway 51 to Edgerton, way to Mount Holly), thence over un follows: (1) From Cleveland over Ohio Wis., (4) from Edgerton, Wis., over U.S. numbered highway via Pemberton and Highway 8 via Bedford and Akron, Ohio, Highway 51 to junction Wisconsin High Browns Mill, N.J., to junction U.S. High to Dover, Ohio, thence over U.S. High way 106, (5) from junction U.S. Highway way 40, thence over U.S. Highway 40 to way 250 to New Philadelphia, Ohio; (2) 51 and Wisconsin Highway 106 over U.S. Lakehurst, N.J., thence over New Jersey from Cleveland over Ohio Highway 176 Highway 51 to junction U.S. Highway 12, Highway 37 to Seaside Park, N.J.,. (2) to junction Rockside Road, thence over (6) from Chicago over city streets to from junction Interstate Highway 295 Rockside Road to junction U.S. Highway Evanston, HI., thence over U.S. Highway and New Jersey Highway 73, located at 21, thence over U.S. Highway 21 to junc-. 41 to Milwaukee, Wis., (7) from Wiscon Mount Laurel Township, N.J., over tion Ohio Highway 176, thence over Ohio sin Dells, Wis., over U.S. Highway 16 to Interstate Highway 295 to junction U.S. Highway 176 to junction Ohio Highway Milwaukee, Wis,, and (8) from Water- Highway 130, located at West Deptford 18, thence over Ohio Highway 18 to Ak town, Wis., over Wisconsin Highway 19 Township, N.J., and (3) from Philadel ron, Ohio, thence over Ohio Highway 5 to Sun Prairie, Wis., and return over the phia, Pa., over the Walt Whitman Bridge to junction U.S. Highway 21, and thence same routes. to New Jersey, thence over approach and over U.S. Highway 21 via Navarre, Dover, No. MC 1515 (Deviation No. 433) access roads to New Jersey Highway 42 and New Philadelphia, Ohio, to Marietta (Canceling Deviation No. 258), GREY (North-South Freeway), thence over (also from Cleveland over Ohio Highway HOUND LINES, INC. (Western Divi New Jersey Highway 42 to junction U.S. 176 to junction U.S. Highway 21); (3) sion) , Market and Fremont Streets, San Highway 130 to Gloucester, N.J., and re from Massillon over U.S. Highway 30 to Francisco, Calif. 94106, filed March 4, turn over the same routes. Canton; (4) from Richfield over Ohio 1968. Applicant’s representative: W. T. No. MC 45626 (Deviation No. 25), Highway 303 to junction Ohio Highway Meinhold, 371 Market Street, San Fran VERMONT TRANSIT CO., INC., Bur 176; (5) from j miction Ohio Highway cisco, Calif. 94105. Carrier proposes to lington, Vt. 05401, filed February 26, 176 and Oaks Road over Oaks Road to operate as a common carrier, by motor 1968. Carrier proposes to operate as a junction U.S. Highway 21; (6) from vehicle, of passengers and their baggage common carrier, by motor vehicle, of Cleveland over New U.S. Highway 21 and express and newspapers in the same passengers and their baggage, and ex (Willow Freeway) to junction Rockside vehicle with passengers over deviation press and newspapers in the same ve Road just north of Independence, and routes as follows: (1) From junction un hicle with passengers, over a deviation (7) from Massillon, Ohio, over Ohio numbered highway and Interstate High route as follows: From Nashua, N.H., Highway 241 via Greensburg to Akron, way 680 (South Pleasanton Junction, over the F. E. Everett Turnpike to the Ohio, and return over the same routes. Calif.), over Interstate Highway 680 to New Hampshire-Massachusetts State No. MC 1515 (Deviation No. 432) junction California Highway 21 (Scott’s line, thence over the Lowell Turnpike (Cancels Deviation No. 170), GREY Comer), and (2) from junction Cali (U.S. Highway 3 Extension) to Tyngs- HOUND LINES, INC. (Central Division), fornia Highway 238 and Interstate High boro, Mass., and return over the same 210 East Ninth Street, Forth Worth, Tex. way 680 (Warm Springs Junction), over route, for operating convenience only. 76102, filed February 28, 1968. Carrier ' Interstate Highway 680 to San Jose, The notice indicates that the carrier is proposes to operate as a common carrier, Calif., and return over the same routes, presently authorized to transport pas* by motor vehicle of passengers and their for operating convenience only. The sengers and the same property, over a baggage, and express and newspapers in notice indicates that the carrier is pres pertinent service route as follows: Be the same vehicle with passengers, over ently authorized to transport passengers tween Nashua, N.H., and Tyngsboro, deviation routes as follows: (1) From the and the same property, over a pertinent Mass., over U.S. Highway 3. Illinois-Wisconsin State line near Rus service route as follows:; From Livermore, No. MC 73464 (Deviation No. 3), JACK sell, 111., over Interstate Highway 94 to Calif., over unnumbered highway via COLE COMPANY, 1900 Vanderbilt Road, the Minnesota-Wisconsin State line near Pleasanton to junction California High Post Ofiice Box 274, Birmingham, Ala. Hudson, Wis., and (2) from the Illinois- way 21, thence over California Highway 35202, filed February 29, 1968. Carrier Wisconsin State line near Beloit, Wis., 21 to junction Interstate Highway 680 proposes to operate as a common earner, over Interstate Highway 90 to junction (Scott’s Comer), thence over Interstate by motor vehicle, of general commodities, U.S. Highway 52, thence over U.S. High Highway 680 to junction California with certain exceptions, over a deviation way 52 to Rochester, Minn., and return Highway 238, (North Mission Junction), route as follows: From junction U.o- over the same routes, for operating con thence over California Highway 238 to Highways 72 and 43 (approximately venience only. The notice indicates that San Jose, Calif., and return over the miles south of Florence, Ala.), over u.o. the carrier is presently authorized to same route. Highway 43 to junction Alabama His ■ transport passengers and the same prop No. MC 3647 (Deviation No. 3), PUB way 20, thence over Alabama Highway erty, over pertinent service routes as LIC SERVICE COORDINATED TRANS 20 to the Alabama-Tennessee State lm » follows: (1) From McHenry, 111., over PORT, 180 Boy den Avenue, Maplewood, thence over Tennessee Highway 69 Illinois Highway 31 to junction U.S. N.J. 07040, filed February 23, 1968. Car junction U.S. Highway 64, thence over Highway 12, thence over U.S. Highway rier’s representative: Richard Fryling, U.S. Highway 64 to junction Tennessee 12 to Sauk City, Wis., thence over Wis same address as applicant. Carrier pro consin Highway 78 to junction Sauk poses to operate as a common carrier, Highway 22, thence over Tennessee County Highway Z, thence o^er Sauk by motor vehicle, of pasengers and their Highway 22 to Martin, Tenn, and return FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4495 over the same route, for operating con and also from Boston to Cleveland as junction Interstate Highway 385, thence venience only. The notice indicates that specified above, thence over Ohio High over Interstate Highway 385 to Green the carrier is presently authorized to way 10 to junction U.S. Highway 20 near ville, S.C., (3) from junction U.S. High transport the same commodities, over a Oberlin, Ohio, thence as specified above way 29 and South Carolina Highway 198 pertinent service route as follows: From to Columbus), (2) from Boston, Mass., over South Carolina Highway 198 (an junction U.S. Highways 72 and 43 (ap over U.S. Highway 1 to Providence, R.I., access road) to junction Interstate High proximately 6 miles south of Florence, thence over U.S. Highway 6 to Hartford, way 85, thence over Interstate Highway Ala.), over U.S. Highway 72 to junction Conn., thence over U.S. Highway 5 to 85 to junction South Carolina Highway U.S. Highway 45, thence over U.S. High Springfield, Mass., and (3) from Provi 101, thence over South Carolina Highway way 45 to junction U.S. Highway 45E, dence, R.I., over U.S. Highway 1 to junc 101 (an access road) to Greer, S.C. thence over U.S. Highway 45E to Martin, tion Connecticut Highway 9, thence over (4) From junction U.S. Highway 29 Tenn., and return over the same route. Connecticut Highway 9 to junction Al and South Carolina Highway 198 over No. MC 109265 (Deviation No. 11), W. ternate U.S. Highway 6, thence over Al South Carolina Highway 198 (an access L. MEAD, INC., Post Office Box 31, ternate U.S. Highway 6 to Waterbury, road) to junction Interstate Highway Cleveland Road, Norwalk, Ohio 44857, Conn., thence over Connecticut Highway 85, thence over Interstate Highway 85 filed March 1, 1968. Carrier proposes to 8 to the Connecticut-Massachusetts State to'junction U.S. Highway 221, thence operate as a common carrier, by motor line, thence over Massachusetts Highway over U.S. Highway 221 (an access road) . vehicle, of general commodities, with 8 to junction U.S. Highway 20, near West to Spartanburg, S.C., (5) from junction certain exceptions, over deviation routes Becket, Mass., and return over the same U.S. Highway 29 and South Carolina as follows: (1) From junction Ohio routes. Highway 198 over South Carolina High Highway 10 and Interstate Highway 80 No. MC 109598 (Deviation No. 10), way 198 (an access road) to junction In over Interstate Highway 80 to junction CAROLINA SCENIC STAGES, Box 2387, terstate Highway 85, thence over In Interstate Highway 80S, thence over Charlotte, N.C. 28201, filed February 26, terstate Highway 85 to junction South Interstate Highway 80 to junction Inter 1968. Carrier proposes to operate as a Carolina Highway 18, thence over South state Highway 81, thence over Inter common carrier, by motor vehicle, of Carolina Highway 18 (an access road) state Highway 81 to junction Interstate passengers and their hag gage, and ex to Gaffney, S.C., (6) from Gaffney, S.C., Highway 84, thence over Interstate press and newspapers in the same vehicle over South Carolina Highway 11 (an Highway 84 to junction Interstate High with passengers, over deviation routes as access road) to junction Interstate way 90, thence over Interstate Highway follows: (1) From junction North Caro Highway 85, thence over Interstate High 90 to Boston, Mass, (also from junction lina Highway 191 and Interstate 26 over way 85 to junction U.S. Highway 76, Interstate Highway 84 and Interstate Interstate Highway 26 to junction U.S. thence over U.S. Highway 76 (an access Highway 91 over Interstate Highway 91 Highway 64, thence over U.S. Highway road) to Anderson, S.C., with the follow to junction Interstate Highway 90, 64 (an access road) to Hendersonville, ing access roads: (a) From junction In thence over Interstate Highway 90 to N.C., and (2) from junction U.S. High terstate Highway 85 and U.S. Highway Boston) and (2) from Akron, Ohio, over way Ì76 and North Carolina Highway 108 178 over U.S. Highway 178 (an access Interstate Highway 80S to junction In over North Carolina Highway 108 (an road) to Anderson, S.C., and (b) from terstate Highway 80, thence over Inter access road) to junction Interstate High junction Interstate Highway 85 and state Highway 80 to junction Interstate way 26, thence over Interstate Highway South Carolina Highway 81 over South Highway 81, thence over Interstate 26 to junction U.S. Highway 176, and re Carolina Highway 81 (an access road) to Highway 81 to junction Interstate High turn over the same routes, for operating Anderson, S.C., (7) from Gaffney, S.C., l y 84, thence over Interstate Highway convenience only. The notice indicates over South Carolina Highway 11 (an ac to junction Interstate Highway 90, that the carrier is presently authorized cess road) to junction Interstate High thence over Interstate Highway 90 to to transport passengers and the same way 85, thence over Interstate Highway Boston, Mass, (also from junction Inter property, over a pertinent service route as 85, to junction Interstate Highway 385, state Highway 84 and 91 over Interstate follows: From Asheville, N.C., over North thence over Interstate Highway 385 to Highway 91 to junction Interstate Carolina Highway 191 to Hendersonville, Greenville, S.C., (8) from Gaffney, S.C., Highway 90 thence over Interstate High N.C., thence over U.S. Highway 176 via over South Carolina Highway 11 (an ac way 90 to Boston, Mass.), and return Tryon, N.C., and Landrum, S.C., to Spar cess road) to junction Interstate High over the same routes, for operating con- tanburg, S.C., and return over the same way 85, thence over Interstate High venience only. The notice indicates that route. way 85 to junction South Carolina High tne carrier is presently authorized to No. MC 109598 (Deviation No. 11), way 101, thence over South Carolina ansport the same commodities, over CAROLINA SCENIC STAGES, Box 2387, Highway 101 (an access road) to Greer, pertinent service routes as follows: Charlotte, N.C. 28201, filed February 28, S.C., (9) from Gaffney, S.C., over South w •^roni Boston, Mass., over U.S. 1968. Carrier proposes to operate as a Carolina Highway 11 Can access road) Highway 20 via Worcester, Mass., and common carrier, by motor vehicle, of to junction Interstate Highway 85, thence Aioany, Waterloo, and Depew, N.Y., and passengers and their baggage, and ex over Interstate Highway 85 to junction tTio«e*and’ Norwalk, Ohio, press and newspapers in the same vehi U.S. Highway 221, thence over U.S. High . Pe m0yer unnumbered highway to cle with passengers, over deviation routes way 221 (an access road) to Spartan mmiK Pa.lrfleld» Ohio, thence over un- as follows: (1) From junction U.S. High burg, S.C. numbered highway to Delphi, Ohio, way 29 and South Carolina Highway 198, (10) From Spartanburg, S.C., over 0her +r r U,S- Highway 224 to Attica, near Blackburg, S.C., over South Caro U.S. Highway 29 (an access road) to » t h e n c e over Ohio Highway 4 to lina Highway 198 (an access road) to junction Interstate Highway 85, thence 2 Oluo, thence over U.S. Highway junction Interstate Highway 85, thence over Interstate Highway 85 to junction tr> pi ®°iumhus, Ohio (also from Boston over Interstate Highway 85 to junction U.S. Highway 76, thence over U.S. High ovpr .and specified above, thence U.S. Highway 76, thence over U.S. High way 76 (an access road) to Anderson, ovpr niil10T?1f hway 8 Akhon, thence way. 76 (an access road) to Anderson, S.C., with the following access road: MwiSSr'iPfkW 18 to Norwalk, thence S.C., with the following access roads: (a) (a) From junction Interstate Highway Bostrm1^ ab°ve to Columbus; also from From junction Interstate Highway 85 85 and South Carolina Highway 81 over to Ww/»oJ+er ^ ssschusetts Highway 9 and U.S. Highway 178 over U.S. High South Carolina Highway 81 (an access Highwa^fo+’ ^ ence over Massachusetts way 178 (an access road) to Anderson, road) to Anderson, S.C., and (b) from thenS L 12 to ^notion U.S. Highway 20, S.C., and (b) from junction Interstate junction Interstate Highway 85 and U.S. ulso from Sgeci.fied above to Columbus; Highway 85 and South Carolina High Highway 178, over U.S. Highway 178 spSifi™ \Boston to Albany, N.Y., as way 81 over South Carolina Highway 81 (an access road) to Anderson, S.C., Highwav i T \ i hence over New Y°rk (an access road) to Anderson, S.C., (2) (11) from Spartanburg, S.C., over U.S. vania «LB the New York-Pennsyl- from junction U.S. Highway 29 and Highway 29 (an access road) to junction vania hS i? ltof ’ thence over Pennsyl- South Carolina Highway 198 over South Interstate Highway 85, thence over In Wa? 2 ? S f a^75 t0 junction U.S. High- Carolina Highway 198 (an access road) terstate Highway 85 to junction Inter thence’a? Springfield, Pa., and to junction Interstate Highway 85, state Highway 385, thence over Interstate e as specified above to Columbus; thence over Interstate Highway 85 to Highway 385 to Greenville, S.C., (12) No. 50-----7 FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4496 NOTÎCES from Spartanburg, S.C., over U.S. High [Notice 1159] appropriate certificate (subject to the way 29 (an access road) to junction condition that it shall be limited in point MOTOR CARRIER APPLICATIONS AND of time to a period expiring 5 years from Interstate Highway 85, thence over In CERTAIN OTHER PROCEEDINGS terstate Highway 85 to junction South the effective date thereof and subject to F ederal Regis Carolina Highway 101, thence over South March 8,1968. prior publication in the Carolina Highway 101 (an access road) ter of a notice of the authority actually The following" publications are gov granted by this order) should be issued to Greer, S.C., (13) from Greer, S.C., over erned by Special Rule 1.247 of the Com concurrently with or subsequent to the South Carolina Highway 14 (an access mission’s rules of practice, published in issuance to applicant of appropriate cer road) to junction Interstate Highway 85, the Federal R egister issue of April 20, tificates in Nos. MC 129162 and MC thence over Interstate Highway 85 to 1966, which became effective May 20, 129162 (Sub-No. 2) and the cancellation junction U.S. Highway 76, thence over 1966, of applicant’s outstanding permits in No. U.S. Highway 76 (an access road) to The publications hereinafter set forth MC 117509 and subs thereunder, and that Anderson, S.C., with the following access reflect the scope of the applications as should the conversion proceedings in roads: (a) From junction Interstate filed by applicant, and may include de Nos. MC 129162 and MC 129162 (Sub-No. Highway 85 and U.S. Highway 178, over scriptions, restrictions, or limitations 2) be disapproved by the Commission, U.S. Highway 178 (an access road) *to which are not in a form acceptable to the the instant application will stand d e n ied Anderson, S.C., and (b) from junction Commission. Authority which ultimately in its entirety. Because it is possible that Interstate Highway 85 and South Caro may be granted as a result of the appli other parties, who have relied u p o n th e lina Highway 81, over South Carolina cations here noticed will not necessarily notice of the application as published, Highway 81 (an access road) to Greer, reflect the phraseology set forth in the may have an interest in and w o u ld be S.C., (14) from Greer, S.C., over South application as filed, but also will elim prejudiced by the lack of proper n o tic e o f Carolina Highway 14 (an access road) to inate any restrictions which are not ac the authority described in the findings in function Interstate Highway 85, thence ceptable to the Commission. this order, a notice of the authority actu over Interstate Highway 85 to junction ally granted will be published in th e Applications Assigned for Oral Interstate Highway 385, thence over In F ederal R egister and issuance o f a c e r Hearing terstate Highway 385 to Greenville, S.C., tificate in this proceeding will b e w ith and MOTOR CARRIERS OF PROPERTY held for a period of 30 days from th e d a te (15) From Greenville, S.C., over U.S. of such publication during which p e rio d No. MC 111729 (Sub-No. 252) (Cor Highway 29 (an access road) to junction any proper party in interest may file a rected republication), filed October 6, Interstate Highway 85, thence over In petition to reopen or for other a p p ro p r i 1967, published F ederal R egister, issues terstate Highway 85 to junction U.S. ate relief setting forth in detail th e p re of November 2, 1967, and February 28, Highway ‘76, thence over U.S. Highway cise manner in which it has b e e n so 76 (an access, road) to Anderson, S.C.„ 1968, and republished as corrected this issue. Applicant: AMERICAN COURIER prejudiced. with the following access, roads: (a) No. MC 127308 (Sub-No. 2) (R e p u b li From junction Interstate Highway 85 CORPORATION, 222-17 Northern Boule vard, Bayside, N.Y. 11361. Applicant’s cation), filed July 19, 1966, p u b lis h e d and US. Highway 178 over U.S. Highway F ederal R egister issue of August 11, 178 (an access road) to Anderson, S.C., representative: Russell S. Bernhard, 1625 K Street NW., Commonwealth 1966, and republished this issue. A p p li and (b) from junction Interstate High cant: E. T. COREY, Post Office B o x 421, way 85 and South Carolina Highway 81 Building, Washington, D.C. 20006. The Highway 77 South, South Sioux City, over South Carolina Highway 81 (an purpose of this correction is to show that Nebr. 68776. Applicant’s representative: access road) to Anderson, S.C., and re the correct docket number assigned is as shown above, MC 111729 (Sub-No. 252), R. W. Wigton, 710 Badgerow B u ild in g , turn over the same routes, for operating Sioux City, Iowa 51101. In the a b o v e - convenience only. The notice indicates and not MC 111729 (Sub-No. 525) as shown in previous publication, in error. entitled proceeding, the exarpiner re c o m that the carrier is presently authorized mended the granting to applicant a p e r to transport passengers and the same No. MC 117509 (Sub-No. 24) (Republi mit, authorizing operation, in interstate property, over pertinent service routes cation) filed January 10, 1966, published or foreign commerce by applicant as a as follows: (1) From junction US. High in F ederal R egister issue of February 3, contract carrier by motor vehicle, u n d e r way 29 and South Carolina Highway 198, 1966, and republished this issue. Appli a continuing contract with A m e ric a n at or near Blacksburg, S.C., over US. cant: SCHILLI TRANSPORTATION, Cyanamid Co., Princeton, N.J., of d) Highway 29 to Lyman, S.C., (2) from INC., Second and St. Clair Avenues, East fertilizer and fertilizer ingredients, a n d Spartanburg, S.C., over Alternate US. St. Louis, HI. Applicant’s representative: (2) agricultural chemicals, in p a c k a g e s , Highway 29 to junction unnumbered Thomas F. Kilroy, Federal Bar Building, over irregular routes (a) from points m highway east of Jackson Mill, S.C., 1815 H Street NW., Washington, D.C. Lawrence, Kans., St. Joseph, Mo., p o in ts thence over unnumbered highway via 20006. By application filed January 10, in Oklahoma (except Pryor, T o n k a w a , Jackson Mill to Lyman, S.C., thence over 1966, applicant seeks a permit authoriz and Tulsa), and Texas to points in Io w a , South Carolina Highway 292 to Duncan, ing operations, in interstate or foreign Minnesota, Nebraska, North Dakota, ana S.C., thence over South Carolina High commerce, as a contract carrier by motor South Dakota (restricted against tr a n s way 290 to Greer, S.C., (3) from New vehicle, over irregular routes, of nitro- portation of above commodities from Hope Church, S.C., over unnumbered carbo-nitrate, from the magazine site of Etter, S t Francis, and Houston, T ex_ , to highways via Holly Springs, Friendship, American Cyanamid Co., near Madison- paints in Nebraska on and west o f Appalachee Mill and Greer, S.C., to ville, Ky„ to points in Arkansas, Illinois, Highway 183), and (2) from s to ra g e , Brushy Creek, S.C., thence over South Indiana, Missouri, Oklahoma, and Ten barge unloading facilities owned, loa®®“ Carolina Highway 291 to Greenville, nessee. A supplemental order of the Com or utilized by American Cyanamid o S.C., and (4) from Greenville, S.C., over mission, Operating Rights Board, dated located at Sioux City, Iowa, or its c o m U.S, Highway 29 to junction South Caro January 29, 1968, and served Febru mercial zone, to points in Minnesota, lina Highway 20, thence over South Caro ary 20, 1968, finds, that the present and Nebraska, and South Dakota, provi lina Highway 20 via Piedmont and future public convenience and necessity that the authority herein authorized Williamstone to junction unnumbered require operation by applicant in inter the extent it duplicates any hereto!® highway, thence over unnumbered high state or foreign commerce, as a common granted to applicant shall not be c “ way to junction U.S. Highway 29, thence carrier by motor vehicle, over irregular strued as conferring more than one op over US. Highway 29 to junction un routes, of nitro-carbo-nitrate from the erating right. A decision and order o numbered highway, thence over unnum magazine site of American Cyanamid Co., Commission, Review Board Numo > bered highway to Anderson, S.C., and near Madisonville, Ky., to points in dated February 20, 1968, and se return over the same routes. Arkansas, Illinois, Indiana, Missouri, February 29, 1968, as modified, finds Oklahoma, and Tennessee; that appli operation by applicant, in in k ersta ^ By the Commission. cant is fit, willing, and able properly to foreign commerce, as a contract cari I seal ! H. Neil. Garson, perform such service and to conform to by motor vehicle, over irregular ro > Secretary. the requirements of the Interstate Com merce Act and the Commission’s rules under a continuing contract with A m e [P.B. Doe. 68-3075: Piled, Mar. 12, 1968; can Cyanamid Co., of Princeton, • " 8:48 am.] and regulations thereunder; and that an FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 196* NOTICES 4497 (1) of fertilizer and fertilizer ingredients, ing such operations should be issued, (1) ATES, seek to join in the application, as and subject to prior publication in the F ed Party Applicants to control AUTOMO (2) Of agricultural chemicals, in pack eral R egister of a notice of the authority BILE TRANSPORT, INC. ages (a) from Lawrence, Kans., and St. actually granted herein, and (2) subject No. MC—F-10061. Authority sought Joseph, Mo., and from points in Texas to the right of the Commission which is for control by YULE TRUCK LINES, and Oklahoma (except Pryor, Tonkawa, hereby expressly reserved, to impose,' INC., 701 West Cleveland Avenue, Mil and Tulsa), to points in Iowa, Minnesota, upon final determination of Ex Parte waukee, Wis. 53215 of HILL FREIGHT Nebraska, North Dakota, and South No. MC 29 (Sub-No. 2), Operations of LINES, INC., 2800 North St. Vincents Dakota (restricted against transporta Brokers of Passenger Transportation, Avenue, La Salle, 111. 61301, and for ac tion of the above commodities from Etter, such terms and conditions as may then quisition by V. H. MARTELL, also of St. Francis, and Houston, Tex., to points be deemed necessary to insure that Milwaukee, Wis., of control of HILL in Nebraska on and west of U.S. High operation under such license is limited FREIGHT LINES, INC., through the ac way 183), and (b) from the facilities of to bona fide operation as a broker of quisition by YULE TRUCK LINES, INC. American Cyanamid Co. located at passenger transportation. Because it is Applicants’ attorneys: Axelrod, Good Sioux City, Iowa, to points in Minnesota, possible that other persons, who have man and Steiner, 39 South La Salle Nebraska, and South Dakota: Provided, relied upon the notice of the application Street, Chicago, 111. 60603. Operating That the authority herein authorized as published, may have an interest in and rights sought to be controlled: Under a to the extent it duplicates any heretofore would be prejudiced by the lack of proper certificate of registration, in No. MC- granted to applicant shall not be con notice of the authority described in the 85736 Sub-1, covering the transportation strued as conferring more than one findings in this order, a notice of the of general commodities, as a common operating right, will be consistent with authority actually granted will be pub carrier, in intrastate commerce, within the public interest and the national lished in the F ederal R egister and is the State of Illinois. Vendee is authorized transportation policy; that applicant is suance of a certificate in this proceeding to operate as a ctimmon carrier in Wis fit, willing, and able properly to perform will be withheld for a period of 30 days consin, Illinois, and Indiana. Applica such service and to conform to the re from the date of such publication, during tion has been filed for temporary author quirements of the Interstate Commerce which period any proper party in interest- ity under section 210a(b). N ote: MC- Act and the Commission’s rules arid may file a petition to reopen or for other 79188 Sub-7 is a matter directly related. regulations thereunder. Because it is pos appropriate relief setting forth in detail No. MC-F-10062. Authority sought for sible that other parties, who have relied the precise manner in which it has been purchase by C W TRANSPORT, INC., upon the notice of the application as so prejudiced. . 610 High Street, Wisconsin Rapids, Wis., published, may have an interest in and A pplication for Certificate or P ermit of the operating rights and property of would be prejudiced by the lack of proper OLSON TRANSPORTATION COM notice of the authority described in the W hich I s T o B e P rocessed Concur rently W ith A pplications U nder S ec PANY, 1970 South Broadway, Green Bay, findings in this order, a notice of the Wis. 54306, and for acquisition by authority actually granted will be pub tion 5 G overned by S pecial R ule 1.240 to the Extent A pplicable ARTHUR W. CLARK, also of Wisconsin lished in the F ederal R egister and is- Rapids, Wis., of control of such rights W of a Permit in this proceeding No. MC 31389 (Sub-No. 93), filed Feb and property through the purchase. Ap will be withheld for a period of 30 days ruary 28, 1968. Applicant: McLEAN plicants’ attorneys and representatives, ^m the date of such publication, during TRUCKING COMPANY, 617 Waugh- Axlerod, Goodman and Steiner, 39 South which period any proper party in interest town Street, Post Office Box 213, Win La Salle Street, Chicago, 111. 60603, may file a petition to reopen or for other ston-Salem, N.C. 27102. Applicant’s rep Joseph R. Barnett, 735 North Water appropriate relief setting forth in detail resentative: Francis W. Mdnerny, Suite Street, Milwaukee, Wis. 53202, and “ e precise manner in which it has been 502, 1000 16th Street NW., Washington, Charles E. Prieve, 312 Wisconsin Avenue, so prejudiced. D.C. 20036. Authority sought to operate Milwaukee, Wis. 53202. Operating rights No. MC 130030 (Republican), filec as a common carrier, by motor vehicle, sought to be transferred: General com February 13, 1967, published F ederai over regular routes, transporting: Gen modities, with certain specified excep ™ STER issue of March 9, 1967 eral commodities (except those of un tions, and numerous other specified com this issue. Applicant usual value, classes A and B explosives, modities, as a common carrier, over reg ri^01l AS. TRAVEL SERVICE, INC. household goods as defined by the Com ular and irregular routes, from, to, and P D rli^ iness as THOMAS TOURS OI mission,' commodities in bulk and those between specified points in the States of fWffi P*i,’ ^ A-’ 222 Meriwether Street requiring special equipment), between Wisconsin, Illinois, Indiana, Michigan, iip i? ’ Ga; Applicant’s representative: points in Rhode Island. N ote: This ap Kentucky, Minnesota, Ohio, Alabama, nenry P. Willimon, Greenville, S.C. Ir plication is directly related to MC-F- Arkansas, Florida, Georgia, Iowa, Kan boarrtb?Ve"entitled Proceeding, the joinl 10058, published in the F ederal R eg sas, Maryland, Mississippi, Missouri, w»rd recommended the issuance to ap- ister issue of March 6,1968. If a hearing North Carolina, Oklahoma, Pennsyl operatL °f •a . 1icense authorizing the is deemed necessary, applicant requests vania, South Carolina, Tennessee, Texas, mer„ °f S’m mterstate or foreign com- it be held at Providence, R.I., or Wash Virginia, West Virginia, Nebraska, North below A^01^ •and Points indicated ington, D.C. Dakota, South Dakota, New York, Lou ' decision and order of the Com- A pplications U nder S ections 5 and isiana, Delaware, New Jersey, Colorado, Board Number 2, dated 210a(b) Wyoming, New Hampshire, Vermont 1968^5^ 26*V1x68’ and served March 4, Rhode Island, Massachusetts, Connec at Griffin Sn hat operotion by applicant The following applications are gov ticut, and the District of Columbia, with , fo r tr>ov,n’ Ga*’ as a broker in arranging erned by the Interstate Commerce Com certain restrictions, serving various in mission’s special rules governing notice intersta^^rtftion by motor vehicle> in termediate and off-route points, over seLeis? J r^f0reifn commerce, of pas- of filing of applications by motor car numerous alternate routes for operating charter n n fw ba9Qage, in special and riers of property or passengers under convenience only, as more specifically hip tton°r«e^rations, in all-expense round sections 5(a) and 210a(b) of the Inter described in Docket No. MC-55236 and state Commerce Act and certain other sub-numbers thereunder. This notice pointsh i and ending at proceedings with respect thereto. (49 and extending13, aPd South Carolina, CFR 1.240). does not purport to be a complete descrip States .p?mts 1x1 the United tion of all of the operating rights of the interest and th^>nS1^ent with the Public MOTOR CARRIERS OF PROPERTY carrier involved. The foregoing sum Policy that the national transportation mary is believed to be sufficient for pur No. MC-F-9991 (Amendment) JOHN flt' wU1In®’ and poses of public notice regarding the na-> and to Pertorm such service P. KAVOORAS—Control—AUTOMO ture and extent of this carrier’s operating the l n w ^ nn to the requirements of BILE TRANSPORT, INC.), published in rights, without stating, in full, the en Com m i«wte Commerce Act and the the January 4, 1968, issue o f the F ederal tirety, thereof. Vendee is authorized to R egister, on page 103. By amendment operate as a common carrier in Wiscon thereunrwS rUl6S and regulations filed March 1, 1968, BHM CORPORA der; and that a license authoriz sin, Minnesota, Illinois, Missouri, In TION and PAUL MARCO ASSOCI diana, Ohio, Kentucky, Michigan, and FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4498 NOTICES West Virgina. Application has been filed Jersey Highway 17 and County Road 36 in the canning of food, between points for temporary authority under section for the purpose of joinder, between in King George County, Va., on the one 210a(b). junction U.S. Highway 46 and U.S. High hand, and, on the other, the District of No. MC-F-10063. Authority sought for way 1 and junction U.S. Highway 1 and Columbia, Baltimore, Md., Philadelphia, purchase by EASTERN FREIGHT truck U.S. Highway 1, serving all inter Pa., certain specified points in New Jer WAYS, INC., Eastern and Moonachie mediate points and serving junction U.S. sey, and New York, N.Y., traversing Avenues, Carlstadt, N.J. 07072, of a por Highway 1 and truck U.S. Highway 1 for Delaware for operating convenience tion of the operating rights of ROYAL the purpose of joinder; with restrictions; only; and excelsior, in bales, from points MOTOR LINES, INC., Eastern and and general commodities, excepting, in Lancaster County, Va., to certain Moonachie Avenues, Carlstadt, N.J. among others, household goods and specified points in New York, New Jer 07072, and for acquisition by NANTAM commodities in bulk, over irregular sey, and Boyertown and Philadelphia, SYSTEM, INC., and, in turn, by DAN- . routes, between New York, N.Y., and Pa., traversing Delaware for operating IEL E. SHEVELL, and MYRON P. SHE- Newark, N.J., on the one hand, and, on convenience only. CROSS TRANSPOR VELL, all also of Carlstadt, N.J., of con the other, certain specified points in New TATION, INC., is authorized to operate trol of such rights through the purchase. Jersey, and those in that part of Penn as a common carrier in Pennsylvania, Applicants’ attorney: Maxwell A. How sylvania on and east of U.S. Highway New Jersey, New York, Connecticut, ell, 1120 Investment Building, 1511 K 309, with restriction. Vendee is author Delaware, Massachusetts, Maryland, Street NW., Washington, D.C. 20005. ized to operate as a common carrier in Virginia, Rhode Island, Maine, New Operating rights sought to be transfer Vermont, New York, New Jersey, Penn Hampshire} Vermont, and the District of red: General commodities, excepting, sylvania, Massachusetts, Connecticut, Columbia. Application has been filed for among others, household goods, and Virginia, Delaware, Maryland, and the temporary authority under section commodities in bulk, as a common car District of Columbia. Application has not 210a(b). rier, over regular routes, between Scran been filed for temporary authority under No. MC-F-10065. Authority sought ton, Pa., and New York, N.Y., between section 210a(b). for purchase by THAMES MOVING Scranton, Pa., and junction Pennsyl No. MC—F-10064 Authority sought for COMPANY, 563 Colman Street, New vania Highway 307 and U.S. Highway control by CROSS TRANSPORTATION, London, Conn. 06320, of the operating 611, between Scranton, Pa., and junction INC., Box 483, Bridgeton, N.J., of BLAN rights and property of THAMES MOV U.S. Highway 611 and Pennsylvania TON TRUCKING COMPANY, IN ING & STORAGE, INC., 563 Colman Highway 307, serving all intermediate CORPORATED, Milford, Va., and for Street, New London, Conn. 06320, and points, between junction U.S. Highway acquisition by J. GAGE CROSS, Carll’s for acquisition by MILTON A. BAILEY, 46 and New Jersey Highway 3 and New Comer, Bridgeton, N.J., and LOUIS 93 Barton Street, Presque Isle, Maine, York, N.Y., serving all intermediate TAYLOR, 61 Broad Avenue, Fairview, and KENDALL A. BAILEY, 116 Canter points and serving junction U.S. High N.J., of control of BLANTON TRUCK bury Street, Presque Isle, Maine, of con way 46 and New Jersey Highway 3 for ING COMPANY, INCORPORATION, trol of such rights and property through the purpose of joinder, between Scran through the acquisition by CROSS the purchase. Applicants’ representative: ton, Pa., and New York, N.Y., between TRANSPORTATION, INC. Applicants’ Milton A. Bailey, Post Office Box 308, Scranton, Pa., and Wilkes-Barre, Pa., attorney: Thomas F. Kilroy, 1341 G Presque Isle, Maine. Operating rights between junction U.S. Highway 22 and Street NW., Washington, D.C. 20005. sought to be transferred: Household New Jersey Highway 82 and New York, Operating rights sought to be controlled: goods as defined by the Commission, as N.Y., serving all intermediate points, Excelsior, as a common carrier, over a common carrier, over irregular routes, between Scranton, Pa., and junction regular routes, from Montross, Va., to between Groton, Conn., and points in Pennsylvania Turnpike Northeast Ex New York, N.Y., serving certain inter Connecticut and Rhode Island within 20 tension and U.S. Highway 22, serving no mediate points and the off-route point of miles of Groton, on the one hand, and, intermediate points, and serving junc Washington, D.C., general commodities, on the other, points in Connecticut, tion Pennsylvania Turnpike Northeast except livestock, dangerous explosives, Rhode Island, Massachusetts, New Extension and U.S. Highway 22 for the inflammables, commodities in bulk other York, and New Jersey. THAMES MOV purpose of joinder, between Scranton, than fertilizer, articles of unusual size or ING COMPANY holds no authority from Pa., and junction U.S. Highway 206 and value, and household goods as defined this Commission. However, its control U.S. Highway 46, serving all intermediate in Practices of Motor Common Carriers ling stockholders KENDALL A. BAILEY points and serving junction U.S. High of Household Goods, 17 M.C.C. 467, AND MILTON A. BAILEY, doing busi way 206 and U.S. Highway 46 for the between Richmond, Va., and New York, ness as PARKER K. BAILEY AND purpose of joinder, between junction N.Y., serving certain intermediate and SONS, Post Office Box 308, Presque Isle, U.S. Highways 206 and 46 and junction off-route points, with restriction; Maine 04769, are authorized to operate U.S. Highways 206 and 22, serving all general commodities, with exceptions as as a common carrier in Maine, Mas intermediate points and serving junction immediately above, over regular and ir sachusetts, Connecticut, New Hampshire, U.S. Highways 206 and 22 for the pur regular routes, between certain specified Rhode Island, New York, and Vermont. pose of joinder, between Wilkes-Barre, points in Virginia, and New York, serving Application has been filed for temporary Pa., and junction U.S. Highway 202 and certain intermediate points, with restric authority under section 210a(b). U.S. Highway 22, serving all inter tion; lumber, over irregular routes, from No. MC-F-10066. Authority sought for mediate points, between junction U.S. certain specified points in Virginia, to control by B. A. FISHER, doing busi Highway 22 and New Jersey Highway Reading and Sellersville, Pa., Washing ness as HI-BALL CONTRACTORS, Post 24 and junction New Jersey Highway ton, D.C., and points in Maryland within Office Box 1215, Billings, Mont. 59103, 24 and U.S. Highway 46, serving all in 20 miles of Washington, D.C.; general of UTAH PACIFIC TRANSPORT CO., termediate points and serving both commodities, except those of unusual Post Office Box 235—15628 Southeast junctions for the purpose of joinder, value, and except dangerous explosives, Old Carver Road, Clackamas, Oreg. between junction New Jersey Highways furs, alcoholic beverages, household 97015. Applicants’ attorney: Jerome 3 and 17 and junction New Jersey High goods as defined in Practices of Motor Anderson, Post Office Box 1215, Billings, ways 3 and 20, serving all intermediate Common Carriers of Household Goods, Mont. 59103. Operating rights sought to points and serving junction New Jersey 17 M.C.C. 467, livestock, silk, commodi be controlled: Household goods, as de Highways 3 and 17 and junction New ties in .bulk, commodities requiring fined by the Commission, as a eowwon Jersey Highways 3 and 20 for the pur special equipment, and those injurious carrier, over irregular routes, betwee pose of joinder, between junction U.S. or contaminating to other lading, be points in Columbia and Clatsop Coun- Highway 46 and New Jersey Highway 17 tween New York, N.Y., and certain speci ties, Oreg., on the one hand, and, on tn and junction New Jersey Highway 17 fied points in New Jersey, on the one other, certain specified points in Wasn- and County Road 36 (Eastern Avenue), hand, and, on the other, Baltimore, Md., ington; forest products, between pointy serving all intermediate points and serv and Washington, D.C.; fresh vegetables, in Clatsop and Columbia Counties, Oreg., ing junction U.S. Highway 46 and New canned and preserved foodstuff, and lumber, between points in Clatsop an Jersey Highway 17 and junction New materials, equipment, and supplies used Columbia Counties, Oreg., on the one FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4499 hand, and, on the other, certain speci and the District of Columbia. Applica scriptions, restrictions, or limitations fied points in Washington, from points tion has not been filed for temporary which are not in a form acceptable to in Oregon, to points in Arizona, Colo authority under section 210a(b). N ote: the Commission. Authority which ulti rado, Idaho, Montana, Utah, and Wyom SPECTOR FREIGHT SYSTEM, INC., mately may be granted as a result of the ing; machinery, between points within 1 controls VIKING FREIGHT COMPANY, applications here noticed will not neces mile of U.S. Highway 30 and 101 in through ownership of capital stock pur sarily reflect the phraseology set forth Clatsop and Columbia Counties, Oreg., suant to authority granted in Docket No. in the application as filed, but also will on the one hand, and, on the other, MC-F-9852, effective December 27, 1967, eliminate any restrictions which are not certain specified points in Washington, and consummated January 29, 1968. acceptable to the Commission. between points in Clatsop and Columbia Finance Docket No. 25008 is a matter Counties, Oreg., except points within 1 concurrently filed. A pplications A ssigned for O ral mile of the above-specified highways, on No. MC-F-10068. Authority sought for H earing the one hand,, and, on the other, certain purchase by DE-PEN LINE, INC., 1879 MOTOR CARRIERS OF PROPERTY specified points in Washington; boats West Marshall Street, Norristown, Pa. and boat equipment, between points in 19401, of a portion of the operating rights The applications immediately follow Columbia and Clatsop Counties, Oreg., of CHARLES H. BEANEY, doing busi ing are assigned for hearing at the time on the one hand, and, on the other, and place designated in the notice of ness as BEANEY TRANSPORT, 5905 filing as here published in each proceed certain specified points in Washington; Lake Road South, Route 19, Brockport, cedar floats, from points in the Oregon ing. All of the proceedings are subject to N.Y. 14420, and for acquisition by the special rules of procedure for hear Counties specified above, to points in BRUNO BROTHERS, INC., and in turn ing outlined below: Washington as immediately above; salt by WILLIAM J. FORD, both also of Special rules of procedure for hearing. and salt products, from Flux and Salt- Norristown, Pa., of control of such rights air, Utah, to points in Oregon and Wash (1) All of the testimony to be adduced by through the purchase. Applicants’ at applicant’s company witnesses shall be ington; and brick and building tile, from torney and representative: Maxwell A. in the form of written statements which Denver, Colo., to points in Oregon and Howell, 1120 Investment Building, 1511 shall be submitted at the hearing at the Washington. B. A. FISHER, doing busi K Street NW., Washington, D.C. 20005, time and place indicated. ness as HI-BALL CONTRACTORS, is and Charles H. Trayford, 137 East 36th (2) All of the written statements by authorized to operate as a common car Street, New York, N.Y. 10016. Operating applicant’s company witnesses shall be rier in Montana, Colorado, Idaho, North rights sought to be transferred: General offered in evidence at the hearing in the Dakota, Wyoming, Washington, Oregon, commodities, excepting, among others, same manner as any other type of evi South Dakota, and Nebraska. Applica household goods and commodities in dence. The witnesses submitting the tion has been filed for temporary au bulk, as a common carrier, over regular thority under section 2l 0a(b). written statements shall be made avail routes, between New York, N.Y., and able at the hearing for cross-examina No. MC-F-10067. Authority sought Philadelphia, Pa., between Trenton, N.J., tion, if such becomes necessary. for merger into SPECTOR FREIGHT and Philadelphia, Pa., between Newark, (3) The written statements by appli SYSTEM, INC., 205 West Wacker Drive, N.J., and Yardville, N.J., between Phila cant’s company witnesses, if received in Chicago, HI. 60606, of the operating rights delphia, Pa., and Wilmington, Del., be evidence, will be accepted as exhibits. and property of VIKING FREIGHT tween Camden, N.J., and Chester, Pa., To the extent the written statements COMPANY, 205 West Wacker Drive, between Bridgeport N.J., and Wilming refer to attached documents such as Chicago, HI. 60606, and for acquisition ton, Del., serving all intermediate points, copies of operating authority, etc., they by SPECTOR INDUSTRIES, INC., and, and certain off-route points, Restriction: should be referred to in written state in turn by W. STANHAUS, both also of The service authorized above is subject ment as numbered appendices thereto. Chicago, HI., of control of siich rights to the limitation that service at Wil (4) The admissibility of the evidence and property through the transaction. mington, Camden, intermediate or off- contained in the written statements and Applicants’ attorneys: Axelrod, Good route points south of Philadelphia, and the appendices thereto, will be at the man and Steiner, 39 South La Salle points south of Camden is restricted to time of offer, subject to the same rules ’ Chicago, HI. 60603. Operating shipments moving over carrier’s lines to as if the evidence were produced in the ights sought to be merged: General or from points north of Philadelphia or usual manner. commodities, with certain specified ex points north of Camden. Vendee is (5) Supplemental testimony by a wit ceptions, and numerous other specified authorized to operate as a common ness to correct errors or to supply inad mmodities, as a common carrier, over carrier in Pennsylvania, New Jersey, vertent omissions in his written state X u .and irregular routes, from, to, Delaware, Maryland, New York; Vir ment is permissible. and between specified points in the ginia, and the District of Columbia. Ap No. MC 115331 (Sub-No. 239) (Repub states of Missouri, Hlinois, Tennessee, plication has been filed for temporary lication), filed February 2, 1968, pub Arkansas, Indiana, Ohio, Kentucky, authority under section 210a(b). N ote: If hearing is deemed necessary, appli lished in F ederal R egister, issue of Feb Ann Texas> Mississippi, Louisiana, ruary 22, 1968, and republished this is ahama, with certain restrictions, cants request that it be held either in Philadelphia, Pa. or New York, N.Y. sue. Applicant: TRUCK TRANSPORT, Yarlous intermediate and off- INCORPORATED, 707 Market Street, rnnil p.oints> over numerous alternate By the Commission. St. Louis, Mo. 63101. Applicant’s repre a„ ior operating convenience only, sentative: Thomas F. Kilroy, 913 Colo NomiSrp lcAo?caUy descrihed in Docket [seal] H. N eil G arson, Secretary. rado Building, 1341 G Street NW., Wash undf^rv^484 ^ d sub-numbers there ington, D.C. 20005. Authority sought to by Q * notice does not purport to [F.R. Doc. 68-3076; Filed, Mar. 12, 1968; operate as a common carrier, by motor o p e r a t deiLcriPtion of all of the 8:48 a.m.] vehicle, over irregular routes, trans Thp flng ^ghts of the carrier involved, [Notice 1161] porting : Dry animal and poultry feed be s u f f lS S 8 summary is believed to ingredients, (1) from Dubuque, Iowa, to r iS n ? V L f0r purP°ses of public notice MOTOR CARRIER APPLICATIONS AND points in Arkansas, Iowa, Kansas, Min carrw?g the ?.atur® and extent of this CERTAIN OTHER PROCEEDINGS nesota, Missouri, Nebraska, North Da ine irf °?e,r1ating rights, without stat- kota, Oklahoma, South Dakota, and SPECTr»T5fS ^ the entirety, thereof, M arch 8,1968. Wisconsin; and, (2) from Memphis, a u th o rs P1REIGHT SYSTEM, INC. is The following publications are gov Tenn., and Omaha, Nebr., to points in carrier inA/r*0 operate as a common erned by Special Rule 1.247 of the Com Alabama, Arkansas, Iowa, Kentucky, sylvania Massachusetts, Kansas, Penn- mission’s rules of practice, published in Michigan, Wisconsin, Con- Kansas, Louisiana, Minnesota, Missouri, the F ederal R egister issue of April 20, Mississippi, Nebraska, North Dakota, land Cw’ ° hi°’ Delaware, Maine, Mary- 1966, which became effective May 20, Oklahoma, South Dakota, and Wisconsin. Ynrt ireW HamPshire, New Jersey, New 1966. N ote: The purpose of this republica sotn ' Term°nt* ^diana, Hlinois, Minne- The publications hereinafter set forth tion is to reflect the hearing information. Nebraci°WaA_Missouri' Rh°de Island, reflect the scope of the applications as HEARING: April 4, 1968, in Room 303, braska, Colorado, Oklahoma, Texas, filed by applicant, and may include de Federal Office Building, 911 Walnut FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4500 NOTICES Street, Kansas City, Mo.^before Exam transporting: General commodities be erate as a common carrier, by motor iner Garland E. Taylor. tween points and places, (1)- Between vehicle, over irregular routes, transport Atlanta, Ga., and Dalton, Ga., over U.S. ing: Processed clay, in bulk, in tank By the Commission. ¿Highway 41 serving the intermediate trucks, from points in Decatur County, [SEAL] H. NEIL GaRSON, points of Cartersville, Calhoun, and Re- Ga., to points in Michigan and Minne Secretary. saca, Ga. (2) Between Rome, Ga., and sota, for 180 days. Supporting shipper: Atlanta, Ga., over Georgia Highway 20 Houdry Process & Chemical Co., Widener [F.R. Doc. 68-3077; Filed, Mar. 12, 1968; Building, 1339 Chestnut tSreet, Philadel 8:48 a.m.] to the junction of U.S. Highway 41 thence over U.S. Highway 41 to Atlanta, Ga. (3) phia, Pa. 19107. Send protests to: Dis trict Supervisor G. H. Fauss, Jr., Bureau [Notice 564] Between Atlanta, Ga., and the Georgia- Tennessee State line at Tennga, Ga., of Operations, Interstate Commerce MOTOR CARRIER TEMPORARY serving the intermediate points of Chats- Commission, Box 35008, 400 West Bay AUTHORITY APPLICATIONS worth, Ranger, and Fairmount, Ga., Street, Jacksonville, Fla. 32202. over U.S. Highway 411 to junction of No. MC 117604 (Sub-No. 5 TA), filed M arch 8,1968. U.S. Highway 41 thence U.S. Highway February 29,1968. Applicant: MEADORS The following are notices of filing of 41 to Atlanta, Ga. (4) Between Dalton, FREIGHT LINE, INC., 1050 Jefferson applications for temporary authority Ga., and Chatsworth, Ga., over Georgia Street NW., Atlanta, Ga. 30318. Appli under section 210a(a) of the Interstate Highway 52. (5) Between Calhoun, Ga., cant’s representative: Guy H. Postell, Commerce Act provided for under the and Rome, Ga., over Georgia Highway 1273 West Peachtree Street NE., new rules of Ex Parte No. MC 67 (49 53 serving the intermediate point of Atlanta, Ga. 30309. Authority sought to CFR Part 340) published in the Federal Plainville, Ga. (6) Between La Fayette, operate as a common carrier, by motor R egister, issue of April 27,1965, effective Ga., and Rome, Ga., over U.S. Highway vehicle, over regular routes, transport July 1, 1965. These rules provide that 27. (7) Between La Fayette, Ga., and Cal ing: General commodities (except those protests to the granting of an application houn, Ga., over Georgia Highway 143 of unusual value, and except dangerous must be filed with the field official named serving the intermediate point of Sugar explosives, household goods as defined by in the F ederal R egister publication, Valley, Ga. N ote: Applicant intends to the Commission, commodities in bulk, within 15 calendar days after the date tack the above routes with present au commodities requiring special equip of notice of the filing of the application thority held in Docket MC-56679 and ef ment, and those injurious or contaminat is published in the F ederal R egister. fective subs, therefore using Atlanta, Ga., ing to other lading); (A) between One copy of such protest must be served and the Georgia-Tennessee State line at Atlanta and the Georgia-Tennessee on the applicant, or its authorized rep Tennga, Ga., as joinders. Applicant also State line through Marietta, Cartersville, resentative, if any, and the protests intends to combine and tack all of the Rome, Summerville, and La Fayette, must certify that such service has been above routes in order to provide through Georiga Highways 3, 20, and 1, serving made. The protests must be specific as service to, from, and between the above all intermediate points and with the to the service which such protestant named points on the one hand, and, on right to serve the following as off-route can and will offer, and must consist of the other, Atlanta, Ga., and Knoxville, points: Avondale Estates, Decatur, a signed original and six copies. Tenn., for the purpose of interchanging Scottdale and Chickamauga, Lindale, A copy of the application is on file, with its connecting carriers at Atlanta, New Rome and Berryton, the site of E. T. and can be examined at the Office of the Ga., and Knoxville, Tenn., for 180 days. Barwick Carpet Mills, Inc., on Georgia Secretary, Interstate Commerce Com Supporting shippers: There are approxi Highway 341 between the junction of mission, Washington, D.C., and also in mately 73 statements of support attached Georgia Highways 193 and 341 and junc to the application, which may be ex tion of Georgia Highways 143 and 341, the field office to which protests are to be and the Panola Industrial District, transmitted. amined here at the Interstate Commerce Commission in Washington, D.C., or located near Lithonia, Ga.; (B) between Motor Carriers of P roperty ' copies thereof which may be examined at Summerville and Lyerly, Ga., over No. MC 29079 (Sub-No. 41 TA) (Cor the field named below. Send protests to: Georgia Highway 114, serving all inter rection), filed February 15, 1968/pub William L. Scroggs, District Supervisor, mediate points; (C) (1) between La Fay lished F ederal R egister, issue of Feb Interstate Commerce Commission, Bu ette, Ga., and Dalton, Ga.: from La Fay ruary 27, 1968, and republished as reau of Operations, Room 309,1252 West ette over Georgia Highway 143 to corrected this issue. Applicant: BRADA Peachtree Street NW., Atlanta, Ga. junction Georgia Highways 143 and 201, MILLER FREIGHT SYSTEM, INC., 1210 3*0309. thence over Georgia Highway 201 to South Union Street, Kokomo, Ind. 46901. No.MC 112520 (Sub-No. 174 TA), filed junction Georgia Highways 201 and J, Applicant’s representative: V. H. March 1, 1968. Applicant: McKENZIE thence over Georgia Highway 3 to Dalton Schwartz (same address as above). Au TANK LINES, INC., Post Office 1200, and return over the same route, serving thority sought to operate jas a common New Quincy Highway, Tallahassee, Fla. all intermediate points; (2) between carrier, by motor vehicle, over irregular 32302. Applicant’s representative: Sol H. La Fayette, Ga., and Calhoun, Ga.. routes, transporting: Diammonium phos Proctor, 1729 Gulf Life Tower, Jackson From La Fayette, over Georiga Hign- phate, in bulk, in dump vehicles, from ville, Fla. 32207. Authority sought to op way 143 to Calhoun and return over tne Depue, Riverdale, and Colfax, 111., to erate as a common carrier, by motor same route, serving all intermediate points in Indiana, Michigan, Missouri, vehicle over irregular routes, transport points; (3) from Fort Oglethorpe, Ga., to and Ohio, for 150 days. Supporting ing: Liquid fertilizer, in bulk, in tank Dalton, Ga.: From Fort Oglethorpe over shipper: The New Jersey Zinc Co., 160 vehicles, from points in Tift County, Ga., Georgia Highway 2 to Ringgold; then Front Street, New York, N.J. »10038. to points in Alabama, Florida, and South Georgia Highway 3 (U.S. 41) to Dalt N ote: The purpose of this republication Carolina, for 180 days. Supporting and return over the same route, serv a® is to add Missouri as a destination State shipper: Kaiser Agricultural Chemicals, all intermediate points; (D) bopi/fr»? inadvertently omitted from previous pub Division of Kaiser Aluminum & Chemical cloth, burlap, gunny, ixtle (istle), 1 lication. Send protests to: J. H. Gray, Corp., Post Office Box 246, Savannah, and sisal, betwen Cass Station, Ga., a District Supervisor, Interstate Commerce Ga. 31402. Send protests to: District the Georgia-Tennessee State line, FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 NOTICES 4501 with its existing authority under MC- Merilatt, District Supervisor, Interstate soula, Mont. 59801. Applicant’s represent 117604 and Subs 2 and 3 thereto. Send Commerce Commission, Bureau of Oper ative: Charles E. Nieman, 1160 North protests to: William L. Scroggs, District ations, 426 Post Office Building, Louis western Bank Building, Minneapolis, Supervisor, Interstate Commerce Com ville, Ky. 40202. Minn. 55402. Authority sought to op mission, Bureau of Operations, Room No. MC 119934 (Sub-No. 149 TA) (Cor erate as a common carrier, by motor 309, 1252 West Peachtree Street NW., rection), filed February 27, 1968, pub vehicle, over irregular routes, transport Atlanta, Ga. 30309. lished. F ederal R egister issue of March ing: Fabricated iron and steel articles, No. MC 119777 (Sub-No. 102 TA), filed 7, 1968, and republished as corrected from Salt Lake City, Utah to the jobsite March 4, 1968. Applicant: LIGON this issue. Applicant: ECOFF TRUCK of the Great Northern Railway Reloca SPECIALIZED HAULER, INC., Post ING, INC., 625 East Broadway, Fort- tion Tunnel at Libby Damsite, near Office Drawer L, Madison ville, Ky. 42431. ville, Ind. 46040. Authority sought to Trego, Mont., for 150 days. Supporting Applicant’s representative: William G. operate as a common carrier, by motor shipper: Commercial Shearing & Stamp Thomas (same address as above). vehicle, over irregular routes, transport ing Co., Youngstown, Ohio 44501. Send Authority sought to operate as a com ing: Commodities in bulk, in tank, and protests to : Paul J. Labane, District mon carrier, by motor vehicle, over ir in hopper-type vehicles, from Utica, 111., Supervisor, Interstate Commerce Com regular routes, transporting: (1) Fiber- to points in Alabama, Arkansas, Colo mission, Bureau of Operations, 251 board, particleboard, flakeboard, boards rado, Illinois, Indiana, Iowa, Kansas, U.S.P.O. Building, Billings, Mont. 59101. or sheets consisting of woodchips and/or Kentucky, Louisiana, Michigan, Minne No. MC 129733 TA, filed March 1, 1968. wood flakes and plywood. (2) Fiber- sota, Mississippi, Missouri, Nebraska, Applicant: G. VERNAL BYE, doing busi board,. particleboard, flakeboard, boards North Dakota, Ohio, Oklahoma, Penn ness as G. V. BYE, Westfield, Iowa 51062. or sheets consisting of woodchips and/or sylvania, South Dakota, Tennessee (ex Authority sought to operate as a com wood flakes, plywood, finished with cept points in Tennessee on and east mon carrier, by motor vehicle, over ir decorative or protective materials. (3) of U.S. Highway 27), Texas, West Vir regular routes, transporting: Livestock Accessories and supplies used in the ginia, Wisconsin, and Wyoming, for 180 feed, from Jefferson, S. Dak., to William installation of the commodities described days. Supporting shipper: Philadelphia E. Verschoor, Jr., feed lot located 8 miles in (1) and (2) above, from the plant or Quartz Co.( Public Ledger Building, Inde north of Sioux City, in Plymouth County, warehouse site of Presdflake Corp., a pendence Square, Philadelphia, Pa. 19106. Iowa, for 180 days. Supporting shipper: subsidiary of Masonite Corp., in Sussex N ote: The purpose of this republication William E. Verschoor, Jr., Rural Route County, Va., at Waverly and the plant- is to add the destination States of Indi 1, Sioux City, Iowa 51108. Send protests site or warehouse site of Masonite Corp., ana, Iowa, Kansas, Kentucky, Louisiana, to: Carroll Russell, District Supervisor, Davidson County, N.C., at Thomasville, and Michigan, inadvertently omitted to points in the United States (except from previous publication. Send protests Bureau of Operations, Interstate Com Alaska, Arizoiia, California, Colorado, to: District Supervisor, Interstate Com merce Commission, 304 Post Office Hawaii, Idaho. Montana, Nevada, New merce Commission, Bureau of Opera Building, Sioux City, Iowa 51101. Mexico, Oregon, Utah, Washington, and tions, 802 Century Building, 36 South Wyoming), for 180 days. Supporting Pennsylvania Street, Indianapolis, Ind. By the Commission. shipper: Frank E. Lawless, Assistant 46204. [seal] h . N eil Garson, General Traffic Manager, Masonite No. MC 124692 (Sub-No. 51 TA), filed Secretary. Corp., 29 North Wacker Drive, Chicago, March 1, 1968. Applicant: SAMMONS [F.R. Doc. 68-3079; Filed, Mar. 12, 1968; 111. 60606. Send protests to: Wayne L. TRUCKING, Post Office Box 933, Mis 8:49 a.m.] CUMULATIVE LIST OF PARTS AFFECTED— MARCH 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 March. 3 CFR Page 7 CFR— Continued Page 9 C F R Page Proclamations : 907______97------4248 908 ______3831 ______3619 P roposed R ules: 3832 ______4091 910______4105, 4365, 4399 3833 ______913______51------4260 4167 94 8 .______3834 ______4363 1 0 C F R 3835 _I “ ~ 980______4397 1464______P roposed R ules: Executive Orders: 1474______150------4109, 4377 5903 (revoked by PLO 4371) __ 3636 P roposed R ules: 6697 (revoked by PLO 4371) __ 3636 1 2 C F R «647 (revoked in part by PLO 52______4374)______6 8 ______207------4248, 4249, 4452 4333 907 220------4249, 4453 8652 (revoked in part by PLO ------3639, 4417 221*------4249, 4455 4376) ______4333 908______(amendedby EO 11398^1 929______1 3 C F R 4169 932 11074 (revoked by EO 11398) 4169 11398__ 950______101____------4400 4169 966 11399. """ 1 4 C F R 4245 989______5 CFR 991______¿¿17 39------3621, 4249, 4366 213 1001______4419 61------4402, 4404 550 ------4399, 4451 1002______71------4093------4399 1003______4095, 4171, 4249, 4366-4368, 4404, 7 CFR 1004______4405. 52____ 1015______73------4095, 4096, 4172 4104 1016 75------4368 401_ 91------4096 601. 4399 1040______4309 1043______93------4096 722__ 97------3622, 4311 906_~ 4451 1073______121------4096, 4144 4247 1125 221------4456 FEDERAL REGISTER, VOL. 33, NO. 50— WEDNESDAY, MARCH 13, 1968 4502 FEDERAL REGISTER 14 CFR—Continued page 21 CFR—Continued page 39 CFR—Continued pa8e 223______3631 146d______4101 P roposed R ules: 389______3632 166______- ______3635 151____ 3639 399______4459 281______4462 155______4199 P roposed R ules: Proposed R ules: 2 5 ______3641 1______4420 41 CFR 39______3642 3_____ 4144 7-1______—. 4252 43 4420 7-6______4252 71______3642, 26 CFR 9-7______4253 4201, 4202, 4270, 4271, 4375-4377, P roposed R ules: 9-8______4253 4421. I ______4414 9-16______4253 91______3643, 4108, 4420 11-1______3636 121___;______4144 39-1-______4185 207 ______4340 29 CFR 102 101-47______4408 208 ______3645, 4340 ______4139 109-40______4140 212______4340 1600______4329 214______4340 221______- ______4340 30 CFR 43 CFR 288______3645 P roposed R ules: 3100______4465 295______4340 II ____ 4468 3120______4465 399______- 3645 Public Land Orders: 31 CFR 2546 (revoked in part by PLO 16 CFR 316______4256 4377)___ 4332 13 ____ 4097, 4135, 4136,4249,4250, 4405 401— ______4257 4317 (corrected by PLO 4376) _ 4333 15______4137, 4250 402 ______4257 4371 ______t______3636 P roposed R ules: 403 ______4257 4372 ______4333 244______4271 405 _- ______4257 4373 _ 4332 406 ______4257 4374 ______4333 17 CFR 4375 ______4333 200______4369 32 CFR 4376—______4333 201______4369 156______4462 4377 ______4332 230______4369 809a______4462 4378 ______4400 260______4369 1001-1______4173 270______— ____ 4369 1002 _ 4176 46 CFR P roposed R ules: 1003 ______4176 230______4209 Proposed R ules: 1004 ______I------4177 514______4208 240______3651, 4209 1005 ______4178 250______4209 1006 ______4178 1007 ______4179 47 CFR 18 CFR 1009______4179 0 3637 260______4460 1015______4185 ______4258 P roposed R ules: 1018______4185 25______3638 607______3639 1054______4185 73 ______4102, 4186, 4187, 4408 1060______4185 74______4258, 4408 19 CFR 89______4103 l ______3633,3634 33 CFR 93______4103 8______4406 117______— 4373 Q7 ______‘ 4466 10__ - ______4373, 4461 204______- 4463, 4464 ____ 4461 P roposed R ules: 16______207 ______;______— 4464 73______4110, 18______4406 208 ______j______— 4464 32______4323 4202,4204-4206, 4378,4474. P roposed R ules: 36 CFR 25______4260 49 CFR 200— ___ :______4139 100O 4370 20 CFR 4467 38 CFR 1041 614______3635 1______4149 P roposed R ules : 21 CFR 17______•____4140 173 4340 2______4462 17R _ 4340 31______- ______4098 39 CFR 1048 4208 120 ______- 4138, 4172, 4326, 4407 Ch. I____ — 3635, 4141, 4185, 4310, 4465 121 ___ :___ 4098, 4138, 4173, 4327, 4408 126______4251 50 CFR 141______4099 151— ______- __ — 4251 28_ | 4104 141a______4099 155— .______4252 4104 141d______4101 221______3635 39 145______4099 246__ .______-______— __ 4465 33______4104, 4187,4259