FEDERAL REGISTER VOLUME 34 • NUMBER 231 Wednesday, December 3, 1969 • Washington, D.C. Pages 19121-19179

Agencies in this issue— The President Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Delaware River Basin Commission Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration Health, Education, and Welfare Department Housing and Urban Development Department Interior Department Interstate Commerce Commission Land Management Bureau Maritime Administration Mines Bureau Securities and Exchange Commission Small Business Administration Wage and Hour Division Detailed list of Contents appears inside. Notv Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

This volume contains a compilation of the “List of Sections Af­ fected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. All sections of the CFR which have been ex­ pressly affected by documents published in the daily Federal Reg­ ister are enumerated. Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date during the period covered.

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«***£(% Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National REGISTER Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 V, '»34 ^ Phone 962-8626 Ç i/A/ITFO 9 pursuant to the authority contained in the Federal Register Act, approved July 26, 193 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal Register will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or m oney order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . The regulatory material appearing herein is keyed to the Code o p F ederal Regulations, which is published, under 50 titles, p u r s u a n to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op F ederal Regulations is sold by the Superintenden of Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op F ederal Regulations. Contents

CONSUMER AND MARKETING FEDERAL POWER COMMISSION THE PRESIDENT SERVICE Notices EXECUTIVE ORDER Rules and Regulations Hearings, etc.: Delegating to the Secretary of Lemons grown in California and Abercrombie, A. L., et al______19157 Defense the authority to ap­ Arizona; handling limitation-. 19128 El Paso Natural Gas Co______19162 prove regulations governing the Farrar, Fletcher F., et al____ _ 19162 early discharge of enlisted Proposed Rule Making Foraker Gas Co. et al______19163 members ______— 19125 Milk in Southern Michigan mar­ Kansas-Nebraska Natural Gas keting area; suspension of Co., Inc______19164 certain provision_*______19142 Natural Gas Pipeline Company EXECUTIVE AGENCIES - of America______19164 Northern Natural Gas Co. AGRICULTURAL RESEARCH DELAWARE RIVER BASIN (2 documents)______19165 COMMISSION Shell Oil Co. et al______19158 SERVICE Skelly Oil Co______19160 Rules and Regulations Notices Superwell Development Corp. Hog cholera and other communi­ Comprehensive plan; public et al------1916I cable swine diseases; areas hearing ______19155 Tennessee Gas Pipeline Co. quarantined (3 documents)-----19128 (2 documents)-._____ 19165, 19166 FEDERAL AVIATION Trunkline Gas Co______19166 AGRICULTURAL STABILIZATION ADMINISTRATION FISH AND WILDLIFE SERVICE AND CONSERVATION SERVICE Rules and Regulations Rules and Regulations Rules and Regulations Additional operating rules- appli­ Sport fishing on certain national Tobacco, flue-cured; marketing cable to operations for com­ wildlife refuges: quotas for 1970-71 marketing pensation or hire with small Illinois; Crab Orchard______19141 year______19127 aircraft______*______19130 Kansas; Kirwin______19141 Transition area; alteration_____ 19130 Wisconsin; Horicon______19141 AGRICULTURE DEPARTMENT Proposed Rule Making See also Agricultural Research Airborne ILS glide slope and local­ FOOD AND DRUG Service; Agricultural Stabiliza­ izer receiving equipment; tech­ ADMINISTRATION tion and Conservation Service; nical standard orders______19142 Rules and Regulations Commodity Credit Corporation; Notices Consumer and Marketing Cocoa with dioctyl sodium sulfo- Service. ¡1 Area Office, Honolulu, Hawaii; succinate for manufacturing; closing ______19152 stay of effectiveness of identity Notices General Aviation District Offices: standard and food additive Foreign Economic Development Casper, Wyo.; opening______19152 regulations ______19140 Service; implementation of De­ Cheyenne, Wyo.; closing_____ 19152 partment reorganization____ _ 19149 Proposed Rule Making FEDERAL COMMUNICATIONS Imitation milks; extension of time CIVIL AERONAUTICS BOARD regarding standards of identity COMMISSION and quality______;______19142 Rules and Regulations Notices Delegations of authority; Director, Notices Bureau of Operating Rights___ 19140 Standard broadcast applications Pitman-Moore; withdrawal of ap­ ready and available for process­ proval of new animal drug appli­ Notices ing (2 documents)_____ 19155, 19156 cation regarding Toldex tablets. 19150 Hearings, e tc.: HEALTH, EDUCATION, AND International Air Transport FEDERAL MARITIME Association______19152 WELFARE DEPARTMENT Lester E. Cox Medical Center COMMISSION et al------19155 See also Food and Drug Adminis­ Piedmont Aviation, Inc______19152 Notices tration. Reno-Portland/Seattle nonstop Agreements filed: Notices service investigation______19153 East Coast Colombia Con­ Health Services and Mental Health Western Air Lines? Inc______19154 ference ______19156 Administration; statement of Italy, South France, South organization, functions, and COMMERCE DEPARTMENT Spain, Portugal/U.S. Gulf and delegations of authority______19150 See Maritime Administration. Puerto Rico Conference_____ 19156 United States Atlantic & Gulf- HOUSING AND URBAN Jamaica Conference______19157 COMMODITY CREDIT United States Atlantic & Gulf- DEVELOPMENT DEPARTMENT CORPORATION Venezuela & Netherlands An­ Notices Notices tilles Conference—______19157 New York Shipping Association; Designations of certain acting of­ ^ °* certain commodities; investigation regarding coopera­ ficials (5 documents).__ 19150, 19151 December sales list______19146 tive working arrangement____ 19156 {Continued on next page) 19123 19124 CONTENTS

INTERIOR DEPARTMENT LABOR DEPARTMENT SMALL BUSINESS See also Pish and Wildlife Service; See Wage and Hour Division. ADMINISTRATION Land Management Bureau; Mines Bureau. LAND MANAGEMENT BUREAU Rules and Regulations Notices Notices Size standards; definition of Statements of changes in finan- California; opening of national small business concern for pur­ cial interests; forest lands______19145 Millican, G. Everett------19146 Montana; revocation of small pose of Government procure­ Remalia, William R------— 19146 tract classification and opening ments for food services------19129 of lands to mining laws______19145 INTERSTATE COMMERCE South Dakota; proposed with­ COMMISSION drawal and reservation of lands. 19145 TRANSPORTATION DEPARTMENT Proposed Rule Making MARITIME ADMINISTRATION Baltimore, Md., commercial zone; See Federal Aviation Administra­ redefinition of limits------— 19144 Notices tion. Carriage of commercial and pref­ Notices erence cargoes; fact-finding Chicago, Rock Island and Pacific hearing ______19149 Railroad Co.; rerouting or diver­ WAGE AND HOUR DIVISION sion of traffic______,------19173 MINES BUREAU Motor carriers: Notices Alternate route deviation no­ Notices tices ______19174 Assistant Directors et al.; redele­ Certificates authorizing employ­ Applications and certain other gation of authority______19145 ment of full-time students ' proceedings------19175 SECURITIES AND EXCHANGE working outside of school hours Intrastate applications— ------19176 at special minimum wages in Temporary authority applica­ COMMISSION tions ______1------19176 retail or service establishments Transfer proceedings.------19178 Notices or in agriculture------19171 Hearings, etc.: Commercial Finance Corpora­ tion of New Jersey______j. 19166 Continental Vending Machine C o rp ______19166 Eastern Utilities Associates et a l ______19167 Liquid Optics Oorp__^------19168 Michigan Power Co. and Ameri- can. Elec trie Power Co., Inc— 19168 Newton Fund, Inc------19168 United Funds, Inc., and CWR C o rp ______19169 Virginia Capital Corp. et al— — 19170 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 sec i affected by documents published since January 1, 1969, and specifies how they are affected.

13 CFR 21 CFR 3 CFR _19140 Executive Order: 1 91 19129 14 ______121_ 19140 11498______19125 P roposed R ules: 14 CFR 19142 7 CFR 19130 18 ______:______— 725______19127 ______19133 910______— 19128 121------...... 19133 49 CFR ______19134 P roposed R ules: 127______P roposed R ules: 135 ______19134 19144 1040_____ : ______19142 385 ------19140 P roposed R ules: 50 CFR 9 CFR . 19141 76 (3 documents)______19128,19129 37______19142 Presidential Documents

Title 3— THE PRESIDENT Executive Order 11498 DELEGATING TO THE SECRETARY OF DEFENSE THE AUTHORITY TO APPROVE REGULATIONS GOVERNING THE EARLY DISCHARGE OF ENLISTED MEMBERS By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered that the Secretary of Defense is hereby designated and empowered to approve regulations issued by the Secretaries concerned under section 1171 of title 10, United States Code, effective January 2, 1968, which relate to the early discharge of regular enlisted members of the armed forces. ¡81§ 11 v: | j§ T he W h ite H ouse, December 1, 1969. [F.R. Doc. 69-14406; Filed, Dec. 1, 1969 ; 3:33 p.m.]

FEDERAL REGISTER, V O L 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969

19127 Rules and Regulations

yearly average quantity produced in the an orderly reduction to the reserve sup­ Title 7— AGRICULTURE United States and consumed in the ply level. United States during the 10 marketing It is determined that the national mar­ Chapter VII— Agricultural Stabiliza­ years immediately preceding the market­ keting quota of 1,071 million pounds in tion and Conservation Service ing year in which such consumption is view of the anticipated carryover will (Agricultural Adjustment), Depart­ determined, adjusted for current trends insure an adequate supply of Flue-cured in such consumption. A normal year’s tobacco for the 1970-71 marketing year. ment of Agriculture exports is defined in the Act as the The “national average yield goal” has SUBCHAPTER B— FARM MARKETING QUOTAS yearly average quantity produced in the been determined to be 1,854 pounds per AND ACREAGE ALLOTMENTS United States which was exported from acre. It has been determined that this the United States during the 10 market­ yield will improve or insure the usability PART 725— FLUE-CURED TOBACCO ing years immediately preceding the of Flue-cured tobacco and increase the Subpart— Determination and An­ marketing year in which such exports net return per pound to the growers. In nouncements With Respect to Mar­ are determined, adjusted for current making this determination, considera­ trends in such exports. The 10-year tion was given to research data of the keting Quotas for the 1970—71 average domestic consumption during Agricultural Research of the Depart­ Marketing Year the 10 marketing years preceding the ment and one of the land-grant colleges § 725.1 Basis and purpose. 1969-70 marketing year was 746 million in the Flue-cured tobacco area. pounds, and the 10-year average exports The community average yields have Section 725.2 is issued pursuant to the during such period was 482 million been determined for Flue-cured tobacco Agricultural Adjustment Act of 1938, as pounds. After adjustment for trends, a and published in the F ederal R egister, amended <7 U.S.C. 1281 et seq.), herein­ normal year’s domestic consumption at § 724.34U (30 F.R. 6207, 9875, 14487). after referred to as the Act, to (1) deter­ 720 million pounds and a normal year’s The national acreage allotment is mine and announce the reserve supply exports of 510 million pounds appear 577,669.90 acres, determined in accord­ level for Flue-cured tobacco and (2) to reasonable, and result in a reserve supply ance with the provisions of the Act by determine and announce, for the mar­ level of 2,962.6 million pounds. dividing the national marketing quota of keting year beginning July 1, 1970, the The official carryover stocks of Flue- 1,071 million pounds by the national amount of the national marketing quota cured tobacco in the hands of dealers average yield goal of 1,854 pounds. on an acreage-poundage basis, the na­ and manufacturers on July 1, 1969 is In accordance with the provisions of tional average yield goal, the national estimated at 2,100 million pounds. The the Act a reserve from the national acre­ acreage allotment, the reserve for mak­ 1969 crop, based on the 1969 national age allotment is established in the ing corrections in farm acreage allot­ acreage allotment of 607,928.80 acres and amount of 246.02 acres for making cor­ ments, adjusting inequities, and for rections in farm acreage allotments, establishing acreage allotments for new with an allowance for overmarketings and undermarketings, is estimated at adjusting inequities and establishing farms, the national acreage factor, and 1,058 million pounds. The sum of these, allotments for new farms. It is estimated the national yield factor. The determina­ that the reserve acreage will be adequate. tions by the Secretary contained in 3,158 million pounds, represents the total supply of Flue-cured tobacco for the Consideration in the light of the latest §725.2 have been made on the basis of 1969-70 marketing year. Compared with available statistics of the Federal Gov­ the latest available statistics of the Fed­ ernment was given as to whether any eral Government. present estimates for the 1968-69 mar­ keting year of 673 million pounds for of the types of Flue-cured tobacco should Due consideration has been given data, be treated as a kind of tobacco pursuant views, and recommendations received domestic utilization and 525 million pounds for export, it is estimated that to the proviso in section 301(b) (15) of from Flue-cured tobacco producers and 685 million pounds of Flue-cured tobacco the Act at the time the national market­ others pursuant to the notice (34 F.R. will be utilized in the United States dur­ ing quota for the 1965-66 marketing year 17175) given in accordance with the for Flue-cured tobacco was determined Provisions of 5 U.S.C. 553. Flue-cured ing the 1969-70 marketing year and 535 million pounds will be exported in such (30 F.R. 6144), and it was determined tobacco farmers in referendum approved that types 11, 12, 13, and 14 constitute quotas on an acreage-poundage basis for marketing year. The estimated carry­ over of Flue-cured tobacco at the be­ one kind of tobacco for purposes of the the 3 marketing years begining July 1, Act for the 1965-66, 1966-67, and 1967- 1968, July 1, 1969, and July 1, 1970 (32 ginning of the 1970-71 marketing is, therefore, estimated at 1,938 million 68 marketing years. This finding was PR. 11413). Since Flue-cured tobacco affirmed by the Secretary in his deter­ farmers are making their plans for 1970 pounds. If 1,181 million pounds of Flue- cured tobacco were produced in 1970, mination of January 18, 1966 (31 F.R. flue-cured tobacco production and need this would result in a total supply of 881), and that determination was sus­ Jo know the 1970 acreage allotments for Flue-cured tobacco for the 1970-71 mar­ tained in the case of Brown et al, v. •hen* farms in order to complete such keting year of 3,119 million pounds or Freeman. This finding was made appli­ it is hereby found that compliance 156 million pounds above the reserve cable for the 1968-69, 1969-70, and 1970- nf * tt e ^0-day effective date provision supply level. 71 marketing years (32 F.R. 9817). J 5 D-S-C. 553 is impracticable and con- It is determined that it is desirable to No action may be taken under section ifar^ the public interest. Therefore, effect an orderly reduction of supplies to 313(i) of the Act unless a substantial . ^ ^terminations and announcements the reserve supply level, and, therefore, a difference exists in the usage or market un« ^ herein shall become effective downward adjustment in the national outlets for any one or more of the types n~n . ^ te of filing with the Director, marketing quota of 149 million pounds comprising the kind of tobacco. On the of the Federal Register, should, be made. Accordingly, the na­ basis of the facts recited (30 F.R. 6144) the * feserve supply level is defined in tional marketing quota for Flue-cured in connection with the consideration of simni rr,as ^ Percent of the normal tobacco for the marketing year beginning section 301(b) (15), it was determined B ^ g -T h e normal supply is defined in July 1, 1970 is determined to be 1,071 that there is no substantial difference firmed . .as a nornial year’s domestic million pounds. This reduction is less existing in the usage or marketing out­ cent^^1011 ant* exP°rts, plus 175 per- snmr,?1 a normal year’s domestic eon- than the maximum reduction of 15 per lets for any one or more of the types of yearv10n an<* 6® Percent of a normal centum permitted by the Act, but no Flue-cured tobacco and, therefore, no con

FEDERAL REGISTER, V O L 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19128 RULES AND REGULATIONS years) under this section. The same con­ new farms. The remainder, 181.02 acres, (b) Order. (1) * * * ditions prevail with respect to usage or is hereby made avilable for making cor­ (i) District 1: 21,390 cartons; marketing outlets that prevailed at the rections in farm acreage allotments and (ii) District 2 : 53,940 cartons ; time of the determination for the mar­ for adjusting inequities. (iii) District 3: 157,170 cartons. keting quotas on an acreage-poundage (f) National acreage factor. The na­ * * * * * tional acreage factor for Flue-cured to­ basis for the 1965-66 and subsequent (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. marketing years and,, therefore, no action bacco for the 1970-71 marketing year is 601-674) is being taken under section 313 Ci) of determined and announced to be 0.95. the Act for the 1970-71 marketing year. (g) National yield factor. The national Dated: November 28, 1969. In addition, section 313(i) of the Act ap­ yield factor for Flue-cured tobacco for F loyd F. H edlund, plied only to marketing quotas and acre­ the 1970-71 marketing year is deter­ Director, Fruit and Vegetable age allotments established pursuant to mined and announced to be .9316. Division, Consumer and Mar­ section 313. It is, therefore, concluded (Secs. 301, 313, 317, 375, 52 Stat. 38, 47, 66, as keting Service. that, notwithstanding section 317(4) of amended, 79 Stat. 66; 7 U.S.C. 1301, 1313, 1314c, 1375) [F.R. Doc. 69-14343; Filed, pec. 2, 1969; the Act, the better view is that section 8:49 a.m.] 313 (i) of the Act should not be applied Effective date: Date of filing this docu­ to acreage allotments and marketing ment with the Director, Office of the quotas determined under section 317. Federal Register. § 725.2 Determinations and announce­ Signed at Washington, D.C., on De­ Title 9— ANIMALS AND ments. cember 1, 1969. ANIMAL PRODUCTS (a) Reserve supply level for Flue- Clifford M. Hardin, cured tobacco. The reserve supply level Secretary of Agriculture. Chapter I— Agricultural Research for Flure-cured tobacco is 2,962.6 million Service, Department of Agriculture pounds, calculated, as provided in the [F.R. Doc. 69-14405; Filed, Dec. 1, 1969; Act, from a normal year’s domestic con­ 12:30 p.m.] SUBCHAPTER C— INTERSTATE TRANSPORTATION sumption of 720.0 million pounds and a OF ANIMALS .AND POULTRY normal year’s exports of 510.0 million Chapter IX— Consumer and Market­ PART 76— HOG CHOLERA AND pounds. (b) National marketing quota for ing Service (Marketing Agreements OTHER COMMUNICABLE SWINE Flure-cured tobacco for the marketing and Orders; Fruits, Vegetables, DISEASES year beginning July 1, 1970. A national Nuts), Department of Agriculture Areas Quarantined marketing quota for Flue-cured tobacco [Lemon Reg. 402, Arndt. 1] on an acreage-poundage basis for the Pursuant to the provisions of the Act marketing year beginning July 1, 1970 PART 910— LEMONS GROWN IN of May 29, 1884, as amended, the Act of is hereby determined and announced in CALIFORNIA AND ARIZONA February 2,1903, as amended, the Act of the amount of 1,071 million pounds. This March 3, 1905, as amended, the Act of quota is based upon an estimated utiliza­ Limitation of Handling September 6, 1961, and the Act of July tion in the United States in such market­ Findings. (1) Pursuant to the market­ 2, 1962 (21 U.S.C. 111-113, 114g, 115, 117, ing year of 685 million pounds and ing agreement, as amended, and Order 120, 121, 123-126, 134-134h), Part 76, exports in such marketing year of 535 No. 910, as amended (7 CFR Part 910), Title 9, Code of Federal Regulations, million pounds, with a downward adjust­ regulating the handling of lemons grown restricting the interstate movement of ment which is determined to be desirable in California and Arizona, effective under swine and certain products because of for the purpose of affecting an orderly the applicable provisions of the Agricul­ hog cholera and other communicable reduction of supplies (3,119 million tural Marketing Agreement Act of 1937, swine diseases, is hereby amended in the pounds estimated as of July 1, 1970) to­ as amended (7 U.S.C. 601-674), and upon following respects; ward the reserve supply level. the basis of the recommendations and 1. In § 76.2, paragraph (e) is amended (c) National average yield goal. The information submitted by the Lemon Ad­ to read as follows: national average yield goal for Flue- ministrative Committee, established un­ (e) Notice of quarantine. Notice is cured tobacco for the marketing year der the said amended marketing agree­ hereby given that because of the exist­ beginning July 1, 1970 is determined and ment and order, and upon other avail­ ence of hog cholera in the States of announced at 1,854 pounds. This goal is able information, it is hereby found that Maryland, Mississippi, New York, North based on the yield per acre which on a the limitation of handling of such lemons, Carolina, Rhode Island, Texas, and Vir­ national average basis it is determined as hereinafter provided, will tend to ef­ ginia and the nature and extent of out­ will improve or insure the usability of fectuate the declared policy of the act. breaks of this disease, the following areas Flue-cured tobacco and increase the net (2) It is hereby further found that it are hereby quarantined because of said return per pound to growers. is impracticable and contrary to the pub­ diSG&SG * ■ (d) National acreage allotment. The lic interest to give preliminary notice, (1) Mary land. Wicomico County. national acreage allotment for Flue- (2) Mississippi. Calhoun, Grenada, cured tobacco on an acreage-poundage engage in public rule-making procedure, basis for the marketing year beginning and postpone the effective date of this and Tishomingo Counties. amendment until 30 days after publica­ (3) New York. Montgomery County. July 1, 1970 is determined and an­ (4) North Carolina. Cumberland, nounced to be 577,669.90 acres. This al­ tion hereof in the F ederal R egister (5 lotment was determined by dividing the U.S.C. 553) because the time interven­ Duplin, and Wilson Counties. national marketing quota of 1,071 mil­ ing between the date when information (5) Rhode Island. The entire State. lion pounds by the national average yield upon which this amendment is based (6) Texas. Upshur County. goal of 1,854 pounds. became available and the time when this (7) Virginia. Campbell, City of V amendment must become effective in g in ia Beach, and Rockbridge Countie . (e) Reserve acreage for making cor­ order to effectuate the déclared policy of 2. In § 76.2, paragraph (f) is rections in farm acreage allotments, ad­ by deleting the reference to “Maryia justing inequities, and establishment of the act is insufficient, and this amend­ - acreage allotments for new farms. A na­ ment relieves restriction on the handling (Secs. 4-7, 23 Stat. 32, as amended, secs. l, 2. of lemons grown in California and 32 Stat. 791-792, as amended, s®c-d 3 tional reserve from the national acreage Arizona. 1265, as amended, sec. 1, 75 Stat. 48 , , • allotment in the amount of 246.02 acres Order, as amended. The provisions in and 11, 76 Stat. 130, 132; 21 U-S.C. Ill- is hereby determined and announced. paragraph (b)(1) (i), (ii), and (ill) of 113, 114g, 115, 117, 120, 121, 123-126, 134». This reserve is for making corrections in 134f; 29 F.R. 16210, as amended) farm acreage allotments, adjusting in­ § 910.702 (Lemon Reg. 402, 34 F.R. 18601) equities, and establishing allotments for are hereby amended to read as follows; Effective date. The foregoing amend­ new farms. Of the 246.02 acres, 65 acres § 910.702 Lemon Regulation 402. ment shall become effective up are hereby set aside to be available for * * * * * suance.

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 RULES AND REGULATIONS 19129

The amendment quarantines certain cause of the existence of hog cholera. the interstate spread of hog cholera and counties in the States of Maryland and This action is deemed necessary to pre­ must be made effective immediately to Texas and two additional counties in the vent further spread of the disease. The accomplish its purpose in the public in­ State of Virginia because of the existence restrictions pertaining to the interstate terest. Accordingly, undér the adminis­ of hog cholera, and deletes Maryland movement of swine and swine products trative procedure provisions in 5 U.S.C. from the list of hog cholera eradication from or through quarantined areas as 553, it is found upon good cause that States in 9 CFR 76.2(f) . This action is contained in 9 CFR Part 76, as amended, notice and other public procedure with deemed necessary to prevent further will apply to the quarantined areas desig­ respect to the amendment are imprac­ spread of the disease, The restrictions nated herein. ticable and contrary to the public in­ pertaining to the interstate movement of The amendment imposes certain fur­ terest, and good cause is found for mak­ swine and swine products from or ther restrictions necessary to prevent the ing it effective less than 30 days after through quarantined areas as contained interstate spread of hog cholera and publication in the F ederal R egister. in 9 CFR Part 76, as amended, will apply must be made effective immediately to Done at Washington, D.C., this 27th to the quarantined areas designated accomplish its purpose in the public in­ day of November 1969. herein. terest. Accordingly, under the adminis­ The amendment imposes certain fur­ trative procedure provisions in 5 U.S.C. R. J. Anderson, ther restrictions necessary to prevent the 553, it is found upon good cause that Acting Administrator, interstate spread of hog cholera and must notice and other public procedure with Agricultural Research Service. be madé effective immediately to accom­ respect to the amendment are impracti­ [F.R. Doc. 69-14298; Filed, Dec. 2, 1969; plish its purpose in the public. interest. cable and contrary to the public interest, 8:46 a.m.] Accordingly, under the administrative and good cause is found for making it procedure provisions in 5 U.S.C. 553, it is effective less than 30 days after publica­ found upon good cause that notice and tion in the F ederal R egister. other public procedure with respect to the Title 13— BUSINESS CREDIT amendment are impracticable and con­ Done at Washington, D.C., this 26th trary to the public interest, and good day of November 1969. cause is found for making it effective less R. J. Anderson, AND ASSISTANCE than 30 days after publication in the F ed­ Acting Administrator, Chapter I— Small Business eral Register. Agricultural Research Service. Administration [F.R. Doc. 69-14299; Filed, Dec. 2, 1969; Done at Washington, D.C., this 25th [Rev. 9, Arndt. 1] day of November 1969. 8:46 a.m.] PART 121— SMALL BUSINESS SIZE R. J. Anderson, Acting Administrator, PART 76— HOG CHOLERA AND STANDARDS Agricultural Research Service. OTHER COMMUNICABLE SWINE Definition of Small Business Concern DISEASES [F.R. Doc. 69-14300; Piled, Dec. 2, 1969; for Purpose of Government Pro­ 8:46 a.m.] Areas Quarantined curements for Food Services Pursuant to the provision of the Act On August 5, 1969, a hearing was held PART 76— HOG CHOLERA AND of May 29, 1884, as amended, the Act of pursuant to notice published in the F ed­ OTHER COMMUNICABLE SWINE February 2, 1903, as amended, the Act eral R egister on July 17, 1969 (34 F.R. DISEASES of March 3,1905, as amended, the Act of 12019), on the definition of a small busi­ September 6,1961, and the Act of July 2 ness for the purpose of bidding on Gov­ Areas Quarantined 1962 (21 U.S.C. 111-113, 114g, 115, 117, ernment procurements for food services. Pursuant to the provisions of the Acl 120, 121, 123-126, 134-134h), Part 76, Interested parties were invited to testify of May 29, 1884, as amended, the Act oi Title 9, Code of Federal Regulations, re­ at the hearing and to file written February 2, 1903, as amended, the Act of stricting the interstate movement of comments. March 3, 1905, as amended, the Act oi swine and certain products because of The issue was whether the definition September 6,1961, and the Act of July 2, hog cholera and other communicable should be increased from $3 million ? v21 Usc- 111-113, 114g, 115, 117 swine diseases, is hereby amended in the average annual sales and receipts for a y i, 123-126, 134-134h), Part 76, following respects : concern’s (and its affiliates) preceding ntie 9, Code of Federal Regulations, re­ In § 76.2, the introductory portion in 3 fiscal years, to a $5 million average. stricting the interstate movement oi paragraph (e) is amended by adding Various points of view were offered at swrne and certain products because of thereto the name of the State of Mis­ the .hearing or in written comment filed cholera and other communicable souri, and a new paragraph (e) (8) is in connection therewith. Proponents of wine diseases, is hereby amended in the added to read : an increase in the food service standard following respects: (8) Missouri. Worth County. took the position that (1) there are about . § 76-2, paragraph (e) (1) relating 15 concerns which compete nationwide (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, for Government food services contracts, J w .ail land is amended by adding 32 Stat, 791-792, as amended, sec. 3, 33 Stat. (2) these concerns are closely held and ereto the name of Worcester County, 1265, as amended, sec. 1, 75 Stat. 481, secs. 3 tA p ? 76-2, paragraph (e) (2) relating and 11, 76 Stat. 130, 132; 21 U.S.C. Ill, 112, most of them do all of their business with X J S?f ippi is amended by adding 113, 114g, 115, 117, 120, 121, 123-126, 134b, the Federal Government, (3) 95 percent eto the name of Tallahatchie County, 134f; 29 F.R. 16210, as amended) or more of Government food service pro­ curements are set aside for award to to%;n § 76-2> Paragraph (e) (6) relating Effective date. The foregoing amend­ tho«Xas 1S amended by adding thereto small business concerns, (4) the size of he name of Houston County. ment shall become effective upon food service contracts has greatly in­ issuance. creased due to increases in labor costs 32estfl.it~7Qi23r,Sta^' 32, as amended, secs. 1, 2, The amendment quarantines Worth and due to Vietnam War requirements, 1265 t 791~792> as amended, sec. 3, 33 Stat. County in the State of Missouri because (5) as a result, the average annual re­ SCC- h 75 Stat- 481 ’ secs- 3 of the existence of hog cholera. This ceipts of several of the 15 concerns h3, li’J fntat- 130‘ 132; 21 U.S.C. Ill, 112, action is deemed necessary to prevent 13«-^29 W»15^ , 17, 120, 121> 122-126, 134b, have increased to the point where some ! 29 FH. 16210, as amended) further spread of the disease. The re­ ihave lost their small business status strictions pertaining to the interstate under the currently effective standard The foreSoing amend- movement of swine and swine products and others soon will lose such status, issuance. ü become effective upon from or through quarantined areas as (6) in general, smaller concerns are not contained in 9 CFR Part 76, as amended, competent to perform these increasingly aclditL^endine.nt quarantines certain will apply to such county. large contracts, and (7) in view of the Maryland in the States of The amendment imposes certain fur­ above, the size standard should be in­ * Mississippi, and Texas be­ ther restrictions necessary to prevent creased to $5 million in order to prevent

No. 231-----g FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19130 RULES AND REGULATIONS the demise of concerns which have or making through the submission of com­ final amendments, pertinent comments, soon will lose their small business status. ments. All comments received were and the more significant changes from Opponents of an increase took the posi­ favorable. the notice are discussed in the order in tion that smaller local concerns includ­ Subsequent to publication of the no­ which they were proposed in the notice. ing franchisees are competent to perform tice, Coast and Geodetic Survey refined Operation of small airplanes and heli­ most of the contracts involved and that the final approach radial of the VOR copters by Parts 121 and 127 certificate when concerns which operate on a na­ RWY-17 SIAP from 021° to 020°. It is holders. This amendment provides for tional and even international basis grow necessary to alter the description to re­ temporary continued effectiveness of ex­ to the point that they no longer meet flect this change. Since this amendment isting operations specifications authoriz­ the definition of a small business, they is minor in nature, notice and public pro­ ing persons holding certificates issued should no longer be permitted to com­ cedure hereon are unnecessary and under Parts 121 and 127 to conduct oper­ pete with the eligible concerns, i.e., that action is taken herein to amend the de­ ations in small aircraft under Part 135 the protective umbrella should not be scription accordingly. until new operations specifications are enlarged to accommodate the growth of a In consideration of the foregoing, issued. Specifically, it will be noted that few concerns. Part 71 of the Federal Aviation Regula­ operations specifications authority to After consideration of all views ex­ tions is amended, effective 0901 G.m.t., operate small aircraft under Part 135 ex­ pressed in connection with the hearing February 5, 1970, as hereinafter set pires on May 31, 1970, unless the certifi­ the Small Business Administration has forth. cate holder applies before that date for decided to increase the size standard in In § 71.181 (34 F.R. 4637), the Natchez, new specifications authority. question to $4 million average annual Miss., transition area is amended to read: The notice proposed to apply § 121.9 sales and receipts rather than to the $5 only to small airplanes, thereby remov­ million requested. Accordingly, the N a t c h e z , M i s s . ing small helicopters from its coverage. That airspace extending upward from 700 amendment set forth below is hereby feet above the surface within a 7-mile radius It is the intent of this amendment to re­ adopted. of Hardy-Anders Field (lat. 31°36'50" N., quire persons holding certificates issued Part 121 of Chapter I of Title 13 of the long. 91°17'55" W.); within 3 miles each side under Part 121 or 127 to operate small Code of Federal Regulations is hereby of Natchez VOR 020° radial, extending from helicopters in accordance with § 121.13 amended by revising § 121.3-8 (e) (7) to the 7-mile radius area to 8.5 miles north of or Part 127, as appropriate, unless the read as follows: the VOR; and that airspace extending up­ Administrator finds that safety in air ward from 1,200 feet above the surface within transportation and the public interest al­ § 121.3—8 Definition of small business 9.5 miles west of Natchez VOR 020° radial, low the operation of small helicopters for Government procurement. extending from the VOR to 18.5 miles north; under Part 135 in a particular case. Ac­ * * * * * excluding the portion within the State of Mississippi. cordingly, § 121.13 has been changed by (e) Services. * * * adding a new paragraph (d), that pro­ (7) Any concern bidding on a contract(Sec. 307(a), Federal Aviation Act of 1958, vides for operating small helicopters for food services is classified as small if 49 U.S.C. 1348(a); sec. 6(c), Department of under Part 135, in accordance with ap­ its average annual sales or receipts for Transportation Act, 49 U.S.C. 1655(c)) propriate operations specifications au­ its preceding three fiscal years do not Issued in East Point, Ga., on Novem­ thority, if the Administrator finds that exceed $4 million. ber 24, 1969. safety in air transportation and the pub­ * * * * * Chester W. W ells, lic interest allow it. Effective date. This amendment shall Acting Director, Southern Region. Section 121.27 presently contains a become effective thirty (30) days after [F.R. Doc. 69-14310; Filed, Dec. 2, 1969; provision for the issuance of deviations 8:47 a.m.] from the rules of Part 121 applicable to publication in the F ederal R egister but operations conducted by domestic air shall apply only to procurements for carriers in small airplanes. This amend­ which invitations for bids or requests for [Docket No. 8041; Arndts. 91-70, 121-54, 127- ment deletes that provision, since under proposals are issued on or after such 13, 135-12] the rules adopted herein, all domestic air effective date. ADDITIONAL OPERATING RULES AP­ carrier operations in small airplanes will Dated: November 26, 1969. PLICABLE TO OPERATIONS FOR be required to be conducted under the provisions of Part 135. W. D. Brewer, COMPENSATION OR HIRE WITH Acting Administrator. Applicability of Part 135. T h e notice SMALL AIRCRAFT proposed to broaden the applicability of [P.R. Doc. 69-14309; Piled, Dec. 2, 1969; Part 135 to accommodate certificate 8:47 a.m.] The purpose of these amendments to Parts 91,121,127, and 135 of the Federal holders under Parts 121 and 127 operat­ Aviation Regulations is to establish cer­ ing small airplanes. However, such an tain additional operating requirements amendment to the applicability provi­ for air taxi and commercial operators sions of Part 135 is unnecessary, since Title 14— AERONAUTICS AND conducting operations with small air­ the applicability of the operating rules craft under Part 135, and to require that in Part 135 to Parts 121 and 127 certif­ SPACE persons holding certificates issued under icate holders operating small aircraft is Chapter I— Federal Aviation Adminis­ Parts 121 and 127 conducting operations provided for in Part 121 by §§ 121.9 ana tration, Department of Transportation with small airplanes conduct those oper­ 121.13, and in Part 127 by § 127.5, as ations in accordance with Part 135. amended herein. [Airspace Docket No. 69—SO—110] These amendments are based on a no­ Duration of ATCO certificate. Under PART 71— designation o f f ed er a l tice of proposed rule making issued as this amendment, each ATCO certificate AIRWAYS, CONTROLLED AIRSPACE, Notice 69-4 and published in the F ederal in effect immediately prior to the effec­ R egister on January 30, 1969 (34 F.R. tive date of the amendment expires o AND REPORTING POINTS 1443). May 31, 1970, unless the holder thereo^ Alteration of Transition Area Interested persons have been afforded applies for a new certificate and opera­ an opportunity to participate in the rule tions specifications before the expiratio On October 18, 1969, a notice of pro­ making through submission of written date. The amendment permits the ce - posed rule making was published in the comments. Due consideration has been tificate holder to continue operano . F ederal R egister (34 F.R. 16877), stat­ given to all relevant matter presented. under the operations specifications a ing that the Federal Aviation Adminis­ Numerous comments were received in rules of Part 135 in effect immediat i tration was considering an amendment response to the notice. Based upon these prior to the effective date of the amena to Part 71 of the Federal Aviation Regu­ comments and upon review within the ment, until May 31, 1970, or if applica­ lations that would alter the Natchez, FAA, a number of changes have been tion for a new certificate is made^un Miss., transition area. made to the proposed rule. Many of these a new certificate and operations spec Interested persons were afforded an changes involve rewording and reorga­ cations are issued or the applicano opportunity to participate in the rule nization for clarity and consistency. The denied.

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 RULES AND REGULATIONS 19131 Contents of operations specifications. on to another temporary operations base thority for granting a deviation from the The notice proposed to amend § 135.13 or return to their home base. However, manual requirement where the opera­ (b)(2) to broaden the contents of the such operators must give notification be­ tion is so small that a manual is not operations specifications to include a list fore changing the location of any busi­ a necessary management device for the of the types of instrument approach pro­ ness office. orderly and safe conduct of operations. cedures authorized and a list of aircraft Briefing of passengers. In response to In addition to the single-pilot-owner required to be inspected in accordance numerous comments, the method of operation, some organizations may have with an approved aircraft inspection pro­ briefing passengers before flight has been no need for all or part of the manual gram. The proposed listing of instrument changed from the oral briefing proposed because of the limited size and kind of approach procedures has not been in the notice to allow other kinds of their operations. adopted. The FAA agrees with comments briefing such as printed cards and to Section 135.27(b) (13) requires that pointing out that the authorization of avoid unnecessary repetition of an oral those certificate holders who have a types of procedures is meaningful only briefing before each flight when the manual and an approved inspection pro­ if related to specific aircraft or pilots. same passengers are carried on several gram include the program in the manual. It should be noted that § 135.131 requires flights in the same aircraft on the same Recordkeeping and administrative a demonstration of those instrument day. As adopted § 135.81 requires the controls. Section No. 135.43 is amended approach procedures which the pilot is pilot to insure that each passenger is to include Item 16 of the notice. The load authorized to conduct. familiar with the briefing information manifest requirement is changed from The proposed listing of aircraft to be before takeoff. the notice to apply only to multiengine inspected in accordance with an ap­ Limitations for operations in icing aircraft for which a crew of two pilots proved aircraft inspection program is conditions. Section 135.85(d) (3) has is required for all Part 135 operations. clarified by requiring those aircraft to been changed from the notice to include This would include aircraft with a pas­ be listed by registration number. airplanes certificated in accordance with senger configuration for more than nine The proposed amendment to § 135.15 Special Federal Aviation Regulation No. passengers and aircraft that are required contained a statement that an air carrier 23 in the list of airplanes in paragraph to have a crew of two pilots by their or commercial operator holding a certifi­ (d) of that section. operating limitations. Weight and bal­ cate under Part 121 or 127 is not eligible Some comments contended that pro­ ance procedures for aircraft other than for a certificate under Part 135. Although posed paragraph (e) of § 135.85 would those to which § 135.43(c) applies are an air carrier certificated under Part 121 allow a pilot to ignore forecast icing covered in the manual, when a manual or 127 may conduct operations in small conditions; other comments recom­ is required, and the training program. airplanes in accordance with the rules mended deleting the prohibitions against The information required to be con­ of Part 135, it is excluded from the classi­ flying into forecast icing conditions. The tained in the load manifest concerning fication of air carriers designated as “air amendment is intended to allow for the weight and balance of the loaded taxi operators” by the rules of the Civil changing weather conditions that obso­ aircraft is changed from the notice to Aeronautics Board (CAB) and, therefore, lete a forecast before the next forecast simplify the manifest and the retention is not eligible to hold an ATCO certifi­ is issued. The proposal as adopted herein period for the manifest is changed from cate. In view of the fact that it is the has been revised for purposes of the proposed 3 months to 30 days. rules of the CAB that make an air car­ clarification. Training of employed certificated me­ rier ineligible for an ATCO certificate, Pilot in command qualifications. The chanics. Item 17 of the notice is not the proposed statement of ineligibility proposal that pilots operating VFR must adopted. The purpose of the proposal in with respect to persons holding air car­ have a minimum of 500 hours of flight Item 17 was to insure that no certificate rier certificates is considered unnecessary experience and hold an instrument holder uses the services of any person and is, therefore, not adopted in this rating received the greatest number of for supervision or approval of mainte­ amendment. comments in response to the notice. It nance of alterations who has not satis­ However, with respect to persons hold­ appears that a substantial number of air factorily performed the work concerned ing commercial operator operating cer­ taxi pilots do not hold instrument ratings at an earlier date. This limitation on the tificates issued under ' Part 121, this and the adoption of the proposed instru­ privileges of a certificated mechanic is amendment retains an eligibility require­ ment rating requirement would create currently contained in § 65.81 of Part 65 ment. In the past, the FAA has found an unnecessary burden on air taxi opera­ of the Federal Aviation Regulations and that only on rare occasions or in special tors that is not supported by past.operat- § 135.33 prohibits a certificate holder circumstances can an applicant show ing experience. An examination of from using the services of any person that his contract business conducted records of accidents involving aircraft as an airman, which includes a me­ under Part 121 in large aircraft would operated by ATCO certificate holders re­ chanic, unless that person is qualified not result directly or indirectly from his veals that of 11 fatal accidents involving under the Federal Aviation Regulations. holding out as a common carrier in his VFR flights into instrument conditions Accordingly, adoption of proposed Item air taxi operations. As amended, § 135.15 during an 18-month period, nine of the 17 is considered unnecessary. requires that a person holding a com­ pilots held instrument ratings and dur­ Compliance with types of instrument mercial operator operating certificate ing that period no pilots with less than approach procedures authorized. Item 18 un<*er Part 121 must, in order to 500 hours had any fatal accidents in obtain an ATCO certificate, show that of the notice is not adopted. As explained ATCO operations. On the basis of this above, the proposal to require approval ms proposed operations will not result in review of the accident statistics, the FAA of types of instrument approach pro­ ¡rn^°n carriage operations conducted has determined to make no change in the cedures in the operator’s operations i9i i arge aircraft operated under Part present pilot qualification requirements specifications has not been adopted. rial C0Hrse> he may conduct commer- for day or night VFR flight. As proposed However, under § 135.138(b) as adopted Jv operations in small airplanes, as pro­ in the notice and as adopted herein, these ved by § 121.9, by obtaining appropri- herein each pilot will be required to requirements apply to all flights regard­ demonstrate his ability to conduct each operations specifications authority. less of whether or not passengers are type of instrument approach procedure dhn^^Ca}*on estabHshment or carried. that he is authorized to use. nn0 l°cati°n of business office or Pilot in command qualifications: IFR Flight locating requirements. Some Perafions base. As amended, § 135.41 flight. Section 135.125, as adopted herein, comments suggested that flight locating aiin» en c^anged from the notice to contains the pilot in command qualifi­ requirements in Item 19 should not apply tinna v?perati.°ns from temporary opera- cations for IFR flight proposed in to contract operations in remote areas Offirp tv? with?ut notifying the District § 135.121(a) of the notice. where flights are made from temporary not r j notification requirement is Deletion of § 135.129. Section 135.129 bases. However, there is sufficient lati­ estahliaK x aPPly w w tow operators who wno is deleted as proposed in the notice. tude in the provisions of paragraph until o a temporary operating base Manual requirements. Section No. (a) (3) of § 135.29 to permit compliance within3, instruction job is completed 135.27 is assigned to Item 15 of the notice. under those circumstances. Therefore, operating range and then move Section 135.27 is changed to provide au­ § 135.29, assigned to Item 19 of the notice

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19132 RULES AND REGULATIONS is adopted herein as proposed in the and annual flight time limitations pro­ As adopted,- the two-pilot requirement notice. . posed in the notice are hot adopted by applies only to airplanes and not to all Aircraft proving tests. Section No. this amendment. Instead, the daily or aircraft as proposed. Comments pointed 135.32 is assigned to Item 20 of the notice. 24-hour duty time limitations are out correctly that insofar as the proposal The proposal is changed: (1) To clarify changed to provide: (1) That a pilot of applies to helicopters, it exceeds the crew what was meant by “type” in the notice; an aircraft requiring only one pilot may requirements for scheduled air carrier (2) to provide for deviations from the not be assigned for more than 8 hours of helicopter operations under Part 127. specific hours of testing required in spe­ duty during flight time in any 24 con­ Flight attendant crewmember require­ cial circumstances; (3) to make the secutive hours; (2) that a pilot of an air­ ment. Section No. 135.54 is assigned to proving test requirements inapplicable to craft required to have two pilots may not Item 26 of the notice. The proposed re­ aircraft presently operated by a certifi­ be assigned for more than 10 hours of quirement for a flight attendant is cate holder under Part 135; and (4) to duty during flight time in any 24 consecu­ changed in this amendment -to apply to explain the phrase “materially altered tive hours; (3) that flight crewmembers aircraft having a passenger seating in design.” must be given at least 10 consecutive capacity of 20 or more. This change is Landing and takeoff distance limita­ hours free from all duties in connection made in view of the requirement in Part tions. Section No. 135.113 is assigned to with operations under Part 135 during 127 for a flight attendant in helicopters Item 21 of the notice and is adopted as any 24-hour period; and (4) that in the with a passenger capacity of more than proposed in the notice. event a pilot exceeds 8 hours of assigned 19 and in view of the second-in-com­ Alcoholic beverages. Section No. 135.115 flight time during any 24 consecutive mand requirement. is assigned to Item 22 of the notice. The hours, because of circumstances beyond Pilot and flight attendant crewmem­ rule as adopted herein contains the same his control such as adverse weather con­ ber training programs. Sections Nos. language as that contained in Part 121 ditions, he must have at least 16 hours 135.55 and 135.137 are assigned to Item of the air carrier rules. free from all duty in operations under 27 of the notice. Section 135.55 is changed One comment requested that the re­ Part 135 before he can be assigned to an­ from the notice by transferring the sub­ quirement of § 91.7 that each required other flight. We believe the foregoing stance of the provisions of proposed crewmember be at his station, with cer­ daily limitations will provide adequate paragraphs (b), (c), and (d) to § 135.137 tain exceptions, be relaxed to permit flight time limitations. However, we in­ because they pertain, more appropri­ the second in command to serve as a tend to keep this matter under study and ately, to pilot testing. Other changes flight attendant during portions of the will conduct periodic surveillance of the have been made to avoid adopting re­ flight. When a two-pilot crew is re­ industry to determine whether there is a dundant requirements and to clarify the quired, it should function as a team, need for further limitations. contents of the training program. whether observing traffic in normal op­ The term “duty during flight time” has The proposed requirement that the erations or handling emergencies. It is been substituted for “duty aloft” used in training program contain the minimum not in the interest of safety to have that the notice in response to requests to time to be spent in completion of the cur- team effort interrupted by cabin attend­ clarify the meaning of “duty aloft.” riculums has not been adopted in view ant duties that are not essential to the Since the certificate holder may not of the variations in air taxi operations, safety of the flight, such as serving food know the extent of a pilot’s other com­ qualifications of pilots, and aircraft used. or beverages. Accordingly, § 91.7 will re­ mercial flying during any 24 consecutive It is considered preferable to require only main applicable to the second in com­ hours, the pilot is responsible for not ac­ that the program be adequate to insure mand in operations under Part 135. cepting an assignment that would exceed that each required pilot and flight at­ Carriage of cargo. Section No. 135.117 the flight time limitations. tendant is adequately trained to meet the is assigned to Item 23 of the notice. Sec­ Second in command for aircraft with applicable knowledge and skill test tion 135.117 has been changed from the more than 10 occupants. Sections Nos. requirements. notice to allow the carriage of cargo be­ 135.52 and 135.53 are assigned to Item 25 Initial and recurrent pilot testing re­ hind passengers, but not directly above of the notice. The two-pilot requirement quirements. Section No. 135.138 is as­ passengers. Many small airplanes have a in the notice was intended to apply to signed to Item 28 of the notice. Questions “station wagon” configuration with no any aircraft capable of carrying 10 or have arisen as to the standard of per­ cargo bulkhead between a rear cargo area more passengers and to apply whether formance to be met in demonstrating and the passenger seats. If the cargo is or not passengers are carried or the seats competence in the flight tests required properly secured so as to eliminate the are installed, so as to include passenger- by § 135.138. A general standard of com­ possibility of shifting under all normally cargo versions of aircraft capable of petence is expressed in § 61.23 of this anticipated flight and ground loads, the carrying 10 or more passengers. However, chapter. That standard is flexible enough cargo may be carried behind the passen­ the rule as drafted in the notice did not to apply to differences in the levels o gers. Other requirements for cargo loca­ provide a clear identity of the aircraft competence expected between ijrxyate tion and security, as proposed in the to which the rule would apply, since it and commercial pilots. In contrast uj notice, must also be met. These require­ is not clear which aircraft are capable of that standard, the standard in § 135. ments apply to cargo carried aboard any carrying 10 or more passengers, except to be applied in the case of pilots wui aircraft, regardless of whether or not when the seats are installed. As adopted, require the pilot to be the obvious maste passengers are carried. The rule has been the rule requires two pilots whether or of the aircraft with the outcome of tn drafted to clarify the three basic ways , not passengers are carried if more than maneuver never in doubt. The result cargo may be carried; that is, (1) in ap­ nine passenger seats (excluding any pilot to require a higher standard of perform* proved racks, bins, or compartments in­ seat) are installed. ance in testing pilots under § 13o- stalled in the airplane; (2) in accordance The FAA will continue to consider, as than is required for the issuance oi with the location and security require­ a future rule-making action, a two-pilot private or commercial pilot certui ments specified in paragraph (c); or (3) requirement for airplanes based on type or an instrument rating under P&rt as otherwise, approved by the Adminis­ certificated cargo and passenger-carry­ of the chapter. . „ trator. The third method is intended to ing capacity rather than the seating con­ Initial and recurrent flight a^ en<^ cover situations involving nets, bins, and figuration. In the meantime, the two- crewmember testing requirements. other devices not installed in the air­ pilot requirement is limited to that pre­ tion No. 135.139 is assigned to Item plane, but available for use in a manner sently in the standard operations specifi­ of the notice and is adopted as Pr°P° ’ approved by the Administrator. cations held by some ATCO certificate Pilot-in-command qualifications j Flight and duty time limitations. Sec­ holders. As drafted, the rule is intended routes and airports. Section No. f i ­ tion No. 135.136 is assigned to Item 24 of to allow the operation of an 11-seat air­ ls assigned to Item 30 of the notice, the notice. Due to the great diversity in plane with one pilot, provided only nine- graphs (a) and (b) of Item 30 are _ the operations conducted under Part 135 passenger seats are installed and the co­ adopted; since the substance of and the attendant need for flight time pilot seat is not occupied by any person paragraphs is adequately covered by limitations that will accommodate those other than those persons authorized by different operations, the weekly, monthly, the regulation. testing requirements in § 135.138.

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 RULES AND REGULATIONS 19133

The words “in operations under this an annual, progressive, or 100-hour in­ when a second in command is required. part” have been added to paragraph (b) spection in any operation that would Autopilot: minimum altitude for use. of § 135.122 to make it clear that the otherwise require those inspections, as Section 135.79(b) is amended to make it duties and responsibilities to be satis­ long as it is inspected in accordance with conform to the new Terminal Instrument factorily performed in the check are the approved aircraft inspection pro­ Procedures (TERPS) terminology. those of a pilot in command of an air­ gram. Section 91.169 of Part 91 is Airworthiness check. Section 135.67 is craft in operations under Part 135. amended to exclude from the annual and amended to include inspections under Emergency flotation means for over­ 100-hours inspection requirements small the approved inspection program. It will water operation. It appears that the ac­ aircraft that are inspected in accordance be noted that under § 135.27 the certifi­ cident record does not support the pro­ with an approved inspection program. cate holder must develop procedures for posed requirement in Item 31 of the Section 135.60 also sets out procedures ensuring that the pilot in command notice which would involve retrofitting whereby the Administrator may amend knows that required airworthiness in­ many of the 10,000 or more aircraft used the certificate holder’s operations speci­ spections have been-made and that the in air taxi operations. Accordingly, the fications to require certain aircraft to be aircraft has been approved for return to proposal is not adopted. inspected in accordance with an ap­ service in compliance with applicable It will be noted that § 91.33(b) (11) ap­ proved aircraft inspection program. Such maintenance requirements. plies to all operations under Part 135 and an amendment of the operations speci­ In consideration of the foregoing, requires approved flotation gear readily fications is governed by § 135.19 and the Parts 91, 121, 127, and 135 of the Fed­ available to each occupant if the aircraft certificate holder may submit written in­ eral Aviation Regulations are amended, is operated beyond power-off gliding dis­ formation, views, and arguments con­ effective April 1, 1970; as follows: tance from shore. If, for example, a take­ cerning the proposed amendment and off is made over water, the aircraft must may petition the Administrator for re­ pa rt 91— GENERAL OPERATING at all times be in a position from which consideration of such an amendment. AND FLIGHT RULES it can glide to the shore, all power off, Section 135.60 also prescribes require­ maneuvering as necessary, unless flota­ ments for approval of an aircraft in­ § 91.169 [Amended] tion means are available. spection program and procedures for 1. By revising § 91.169(c) by striking Reporting of mechanical irregulari­ changes in the program, including pro­ out the word “or” at the end of subpara­ ties. Section No. 135.119 is assigned to cedures for reconsideration of any graph (2), striking out the period at the Item 32 of the notice and is adopted as change requested by the Administrator. end of subparagraph (3) arid substitut­ proposed in the notice. Inasmuch as all certificate holders are ing or” in place thereof, and adding Empty weight and center of gravity. not required to have a manual, a pro­ the following new subparagraph (4) : Section No. 135.167 is assigned to Item vision has been added for an approved 33 of the notice. The rule proposed in aircraft inspection program manual. (4) Any small aircraft that is in-’ Item 33 of the notice has been changed Mechanical reliability reports. Section spected in accordance with an approved by the addition of two exceptions to the No. 135.57 has been assigned to Item 35 aircraft inspection program under Part requirement in § 135.167(a) that current of the notice. As adopted, § 135.57 is 135 of this chapter and is so identified, empty weight and center of gravity cal­ limited to multiengine aircraft. Provi­ by registration number, in the operations culations be calculated from values sion has been made in paragraph (d) for specifications of the certificate holder established by actual weighing of the delaying the submission of reports on having the approved inspection program. aircraft within the preceding 3 years. aircraft operated in areas where mail is One exception is made for aircraft orig­ not collected. PART 121— CERTIFICATION AND OP­ inally certificated for airworthiness Mechanical interruption summary re­ ERATIONS: DOMESTIC, FLAG, AND within the preceding 3 years. The other port. Section No. 135.59 has been as­ exception is for aircraft operated under signed to Item 36 of the notice. Section SUPPLEMENTAL AIR CARRIERS AND a weight and balance system approved in 135.59, as adopted, is limited to multi- COMMERCIAL OPERATORS OF the operations specifications of the engine aircraft. This amendment does LARGE AIRCRAFT operator. not adopt proposed paragraph (b) in 2. By amending § 121.9 to read as In addition, the compliance date for Item 36, which pertained to the number follows: § 135.167 (a) has been changed to require of engines removed prematurely. compliance 12 months after the effective Check pilot authorization. Section §121.9 Operation of small airplanes. date of this amendment and application 135.135 is amended to make it clear that (a) No person may conduct operations of the rule is restricted to multiengine a check pilot’s authorizations will be with small airplanes unless he conducts aircraft. specified in terms of the kinds of tests those operations in accordance with the Approved aircraft inspection program. he is qualified to give. rules of Part 135 of this chapter, except Section No. 135.60 has been assigned to Second in command qualification. The §§ 135.9 and 135.19 of Subpart A and Item 34 of the notice. point has been raised by air carriers §§ 135.41, 135.45, 135.47, and 135.51 of As adopted, a certificate holder may operating under Part 121 that under Part Subpart B, and appropriate operations an amendment to his operations 121a second in command is not required specifications in lieu of Subparts E pecincations to allow him to have his to hold a category, class, or type rating through V of this Part 121. However, the ireraft inspected in accordance with an appropriate to the aircraft on which he holder of an air carrier operating certifi­ pproved aircraft inspection program in- serves. These carriers have suggested that cate issued under this part may maintain . . °f the annual, 100-hour, or progres­ category, class, and type ratings not be its small airplanes in accordance with a s i o ^ Ction re

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19134 RULES AND REGULATIONS chapter effective on March 31,1970, until PART 135— AIR TAXI OPERATORS § 135.15 Eligibility for certificate and the specifications expire. However, if the AND COMMERCIAL OPERATORS operations specifications. 4s * * * * certificate holder applies before May 31, OF SMALL AIRCRAFT 1970, for new operations specifications (C) * 4c * authority to operate small airplanes § 135.1 [Amended] under Part 135 of this chapter, he may However, no person holding a commer­ 6. By amending § 135.1 by striking out cial operator operating certificate issued continue those operations until new the word “and” at the end of subpara­ specifications are issued to him, or until under Part 121 of this chapter is eligible graph (21, striking out the period at the for an ATCO certificate unless he shows the Administrator notifies him that his end of subparagraph (3) and substitut­ application is denied. to the satisfaction of the Administrator ing and” in place thereof, and adding that his contract carriage business in § 121.13 [Amended] the following new subparagraph (4) : large aircraft will not result directly or 3. By amending § 121.13 by striking out (4) Each person who is on board anindirectly from his air taxi business. the reference to § 121.9 in paragraph (a) aircraft being operated under this part. 11. By adding the following new sec­ and adding a new paragraph (d) to read 7. By amending § 135.9 to read as fol­ tion to Subpart B of Part 135: as follows: lows: § 135.27 Manual requirements. (d) Upon application the Adminis­ trator may issue operations specifications § 135.9 Certificate and operations spec­ (a) Each certificate holder, other than to a certificate holder, authorizing it to ifications required. one who uses only himself as a pilot, conduct operations other than scheduled Except as provided in § 135.11(b), no shall prepare and keep current a manual operations with small helicopters under person may operate an aircraft in opera­ for the use and guidance of flight, ground Part 135 of this chapter if he finds that tions to which this part applies without, operations, and maintenance personnel safety in air commerce and the public in­ or in violation of, an ATCO operating in conducting its operations. However, terest allow it. Operations specifications certificate and appropriate operations the Administrator may authorize a devi­ issued under this paragraph contain such specifications issued under this part or, ation from this paragraph if he finds operating limitations and requirements in the case of operations with large air­ that because of the limited size of the as the Administrator finds necessary. craft, operations specifications issued operation, all or part of the manual is under Part 121 of this chapter. not necessary for guidance of flight, § 121.27 [Amended] 8. By amending § 135.11 to read as ground, or maintenance personnel. 4. By amending § 121.27 by striking follows : (b) Each manual shall be kept in a out the words “conducted under the rules form that is easy to revise and shall have of this part applicable to domestic air §135.11 Duration of certificate. the date of the last revision on each carriers in small airplanes, or” in the (a) An ATCO certificate issued after revised page. The manual must include— first sentence of paragraph (b). March 31, 1970, is effective until surren­ (1) The identity of each person in a dered, suspended, or revoked. The holder management capacity who is authorized of an ATCO certificate that is suspended to act for the certificate holder in his PART 127-— CERTIFICATION AND or revoked shall return it to the assigned area of responsibility; OPERATIONS OF SCHEDULED AIR Administrator. (2) Procedures for ensuring compli­ CARRIERS WITH HELICOPTERS (b) An ATCO certificate in effect on ance with aircraft weight and balance March 31, 1970, expires on May 31, 1970, limitations and in the case of multien­ 5. By adding a new § 127.5 to Part 127 gine airplanes for ascertaining compli­ to read as follows: and the holder thereof may conduct operations in accordance with the rules ance with tiie requirements of § 135.167; § 127.5 Operation of small airplanes. of this part and operations specifications (3) Copies of the certificate holder’s in effect on March 31, 1970, until the operations specifications or appropriate (a) No person may conduct operations extracted information, including area of with small airplanes unless he conducts certificate expires. However, if the holder of the certificate applies before May 31, operations authorized, category and class those operations in accordance with of aircraft authorized, crew comple­ Part 135 of this chapter and appropriate 1970, for a new ATCO certificate and operations specifications under this part, ments, and types of operations author­ operations specifications. However, the ized (such as VFR, IFR, day, night, holder of an air carrier operating cer­ the certificate held continues in effect and he may continue those operations passenger, cargo) ; tificate issued under this part may main­ (4) Procedures for complying with ac­ tain its small airplanes in accordance until a certificate and specifications are cident notification requirements; with a continuous airworthiness main­ issued to him under this part, or until (5) Procedures for ensuring that the tenance program that meets the require­ the Administrator notifies him that his pilot in command knows that required ments of Subpart I of this part and application is denied. airworthiness inspections have been operations specifications issued to it made and that the aircraft has been under this part. Operations specifica­ 9. By amending paragraph (b) (2) of approved for return to service in com­ tions issued under this section contain § 135.13 to read as follows: pliance with applicable maintenance such operating limitations and require­ § 135.13 Application and issue of cer­ requirements; ments as the Administrator finds tificate and operations specifications. (6) Procedures for reporting of me­ necessary. * * * * * chanical irregularities that come to the (b) Operations specifications issued as authority to operate small airplanes * * * attention of the pilot in command during under Part 135 of this chapter and in (2) Separate operations specificationsflight time or defects noted during pre­ containing the type and area of opera­ flight inspection; effect on March 31, 1970, expire on (7) Procedures to be followed by the May 31, 1970, and the certificate holder tions authorized, the class and category pilot in command for ascertaining that may conduct the operations authorized of aircraft that he may use in those in accordance with those operations mechanical irregularities or defects re­ specifications and the rules of Part 135 operations, registration numbers of air­ ported for previous flights have b e e n cor­ of this chapter in effect on March 31, craft that are inspected in accordance rected or that correction has bee 1970, until the specifications expire. with an approved aircraft inspection deferred; However, if the certificate holder applies program, any authorized deviations from (8) Procedures to be followed by the before May 31, 1970, for new operations this part, and such other items as the pilot in command to obtain maintenance, specifications authority to operate small Administrator may require or allow to preventive maintenance, and servicing airplanes under Part 135 of this chapter, meet any particular situation. of the aircraft at a place where prior ar­ he may continue those operations until rangements have not been made by t e new specifications are issued to him, or 10. By amending § 135.15 by adding a until the Administrator notifies him that new flush paragraph following para- operator, when the pilot is authoriz his application is denied. garph (c) to read as follows: to so act for the operator;

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 RULES AND REGULATIONS 19135 (9) Procedures for refueling aircraft, principal place of business, or at such tion of any business office or operations eliminating fuel contamination, protec­ other places as may be designated by the base, except a temporary operations base, tion from fire (including electrostatic certificate holder in the flight locating notify in writing the FAA District Office protection), and supervising and pro­ procedures, until the completion of the having. jurisdiction over the area in tecting passengers during refueling; flight. which the certificate holder’s principal (10) Plight locating procedures, when (c) Each certificate holder shall fur­business office is located. applicable; nish the representative of the Adminis­ (c) No certificate holder who estab­ (11) Procedures for ensuring com­ trator assigned to it with a copy of its lishes or changes the location of any pliance with emergency procedures; flight locating procedures and any business office or operations base, except (12) En route qualification proce­ changes or additions thereto, unless a temporary operations base, may oper­ dures for pilots, when applicable; those procedures are included in a man­ ate an aircraft in operations subject to . (13) The approved aircraft inspection ual required to be maintained under this this part unless he has complied with program, when applicable; and part. paragraph (b) of this section. (14) Other procedures and policy in­ 13. By adding the following new sec­ 15. By revising § 135.43 to read as structions pertinent to the certificate tion to Subpart B of Part 135: holder’s operations, that are issued by follows: the certificate holder. § 135.32 Aircraft proving tests. § 135.43 Recordkeeping requirements. (c) The manual must not be contrary (a) No certificate holder may operate (a) Each certificate holder shall keep to any applicable Federal regulation, a turbojet airplane, or an aircraft for at his principal business office and make foreign regulation applicable to the cer­ which two pilots are required by this available for inspection by the Adminis­ tificate holder’s operations in foreign chapter for operations under VFR, if it trator the following: countries, or the certificate holder’s has not previously proved that aircraft (1) His ATCO certificate; operations specifications or operating or an aircraft of the same make and sim­ (2) His operations specifications; certificate. ilar design in any operation to which this (3) A current list of the aircraft used (d) A copy of the manual, or appro­ part applies unless, in addition to the or available for use by him in operations priate portions of the manual (and aircraft certification tests, at least 25 subject to this part and the operations changes and additions thereto) shall be hours of proving tests acceptable to the for which each is equipped; and made available to maintenance person­ Administrator have been flown by that (4) An individual record of each pilot nel by the certificate holder and fur­ certificate holder including— used by him in operations subject nished to— (1) Five hours of nighttime, if night to this part, including the following (1) Its ground operations personnel; flights are to be authorized; information: (2) Its crewmembers; and (2) Five instrument approach proce­ (i) The full name of the pilot. (3) Representatives of the Adminis­ dures under stimulated or actual instru­ (ii) The pilot certificate (by type and trator assigned to the certificate holder. ment weather conditions, if IFR flights number) and ratings that the pilot holds. (e) Each person to whom a manual or are to be authorized; and (iii) The pilot’s aeronautical experi­ appropriate portions of it are furnished (3) Entry into a representative num­ ence, in sufficient detail to determine his under subparagraphs (1) and (2) of ber of en route airports as determined by qualifications to pilot aircraft in opera­ paragraph (d) of this section shall keep the Administrator. tions subject to this part. it up to date with the changes and addi­ (b) No certificate holder may carry (iv) The pilot’s current duties and the tions furnished to him. passengers in an aircraft during proving date of his assignment to those duties. (f) Except as provided in paragraph tests, except those needed to make the (v) The effective date and class of the (g) of this section, each certificate tests and those designated by the Admin­ medical certificate that the pilot holds. holder shall carry appropriate parts of istrator to observe the tests. However, (vi) The date and result of each of the manual on each aircraft when away pilot flight training may be conducted the initial and recurrent proficiency tests from the principal base. The appropriate during the proving tests. and instrument and route checks re­ parts must be available for use of ground (c) For the purposes of paragraph (a) quired by this part and the type of air­ or flight personnel. of this section, an aircraft is considered craft flown during that test or check. (g) If a certificate holder is able to to be materially altered in design if the (vii) The pilot’s flight time in suffi­ conduct inspections at specified stations alterations include— cient detail to determine compliance with where it keeps the approved aircraft (1) The installation of powerplants the flight time limitations of this part. inspection program part of the manual, other than those of a type similar to (viii) The pilot’s check pilot authori­ or approved inspection program manual, those with which it is certificated; or zation, if any. it does not have to carry the manual (2) Alterations to the aircraft or its (ix) Any action taken concerning the aboard the aircraft en route to those stations. components that materially affect flight pilot’s release from employment or phys­ characteristics. ical or professional disqualification. 12. By adding the following new sec­ (d) This section does not apply to an (b) Each certificate holder shall keep tion to Subpart B of Part 135: aircraft of the same make and similar de­ each record required by paragraph (a) sign as an aircraft operated more than 25 (3) or (4) of this section for at least 6 § 135.29 Flight locating requirements. hours under this part by the certificate months after it is made. (a) Each certificate holder must have holder before the date on which this sec­ (c) For multiengine aircraft for which procedures established for locating each tion becomes effective with respect to his two pilots are required by this chapter for i“ght for which an FAA flight plan is operation. operations under VFR, each certificate not filed, that— (e) The Administrator may authorize holder shall prepare or cause to be pre­ JP Provide the certificate holder with deviation from this section if he finds pared a load manifest containing the fol­ information required to be that special circumstances make full lowing information concerning the load­ .™ d(g in a VFR flight plan; ing of the aircraft at takeoff time— n ..l Establish a procedure for timely compliance with this section unneces­ (1) The number of passengers; * cati°n of an FAA facility or search sary. (2) The total weight of the loaded a rescue facility, if an aircraft is over- 14. By revising § 135.41 (a) and (b) aircraft; aue or missing; and and by adding a new paragraph (c) to (3) The maximum allowable takeoff thp i P? vide fhe certificate holder with read as follows: weight for that flight; for ”>ca^1°ns, date, and estimated time (4) The center of gravity of the cnm^eei^klishing radio or telephone § 135.41 Business office and operations loaded aircraft; and in . nmoations, if the flight will operate base. (5) The center of gravity limits for canr^i68, wkere radio communications (a) Each certificate holder shall the loaded aircraft. a^.ot be maintained. maintain a principal business office. (d) The pilot in command of an air­ be locafing information shall (b) Each certificate holder shall, be­ craft for which a load manifest is re­ amed at the certificate holder’s fore establishing, or changing the loca­ quired to be prepared shall carry a copy

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19136 RULES AND REGULATIONS of the completed load manifest in the (3) Recurrent training every 12 cal­ (11) A fuel or fuel-dumping system aircraft to its destination, and the cer­ endar months to ensure proficiency in that affects fuel flow or causes hazardous tificate holder shall keep copies of com­ procedures, techniques, and information leakage during flight; pleted load manifests for at least 30 days essential to the sastifactory performance (12) A landing gear extension or re­ at its principal operations base, or at of each crewmember. traction or opening or closing of landing another location used by it and approved (c) Each certificate holder required to gear doors during flight; by the representative of the Administra­ have a training program by paragraph (13) Brake system components that tor assigned to it. (a) of this section shall provide current results in loss of brake actuating force and appropriate study materials for use when the airplane is in motion on the 16. By adding the following new sec­ by each required pilot and flight ground; tion to Subpart B of Part 135: attendant. (14) Aircraft structure that requires § 135.52 Composition o f flight crew. (d) The certificate holder shall fur­ major repair; nish copies of the pilot and flight attend­ (15) Cracks, permanent deformation, (a) No certificate holder may operate ant crewmember training program, and or corrosion of aircraft structures, if an aircraft with less than the minimum all changes and additions thereto, to the more than the maximum acceptable to flight crew specified in the aircraft oper­ representative of the Administrator as­ the manufacturer or the FAA; and ating limitations or the Aircraft Plight signed to it. If the certificate holder uses (16) Aircraft components or systems Manual for that aircraft and required training facilities of other persons, a that result in taking emergency actions by this part for the kind of operation copy of training programs or appropriate during flight (except action to shut down being conducted. portions used for those facilities shall an engine). (b) No certificate holder may operate also be furnished. Curriculums that fol­ (b) For the purpose of this section an airplane without a second in com­ low PAA published curriculums may be “during flight” means the period from mand if that airplane has a passenger cited by reference in the copy of the the moment the aircraft leaves the sur­ seating configuration, excluding any pilot training program furnished to the repre­ face of the earth on takeoff until it seat, of ten seats or more. sentative of the Administrator and need touches down on landing. 17. By adding the following new sec­ not be furnished with the program. (c) In addition to the reports required tion to Subpart B of Part 135: (e) Whenever the Administrator finds by paragraph (a) of this section, each that revisions to a training program are certificate holder shall report any other § 135.53 Passenger occupancy of pilot necessary for the continued adequacy of failure, malfunction, or defect in an air­ seat. the program the operator shall, after craft that occurs or is detected at any No certificate holder may operate an notification by the Administrator, make time if, in its opinion, that failure, mal­ aircraft that has a passenger seating any changes in the program found by the function, or defect has endangered or configuration, excluding any pilot seat, Administrator to be necessary. The op­ may endanger the safe operation of an for more than eight passengers if any erator may petition the Administrator to aircraft used by it. person other than the pilot in command, reconsider the notice to make a change (d) Each certificate holder shall send a second in command, a company check in a program. The petition should be filed each report required by this section, in airman, or an authorized representative with the representative of the Adminis­ writing, covering each 24-hour period of the Administrator, the National trator assigned to it within 30 days after beginning at 0900 hours local time of Transportation Safety Board, or the Post the operator receives the notice. Except each day and ending at 0900 hours local Office Department occupies a pilot seat. in the case of an emergency requiring time on the next day to the FAA District immediate action in the interest of Office having jurisdiction over the area 18. By adding the following new sec­ in which the certificate holder’s principal tion to Subpart B of Part 135: safety, the filing of the petition stays the notice pending a decision by the business office is located. The report § 135.54 Flight attendant crewmember Administrator. must be mailed or delivered to that office requirement. on the following day. However, a report 20. By adding the following new sec­that is due on Saturday or Sunday may No certificate holder may operate an tion to Subpart B of Part 135: be mailed or delivered on the following aircraft that has a passenger seating § 135.57 Mechanical reliability reports. Monday and one that is due on a holi­ capacity of more than 19 unless there is day may be mailed or delivered on the a flight attendant crewmember on board (а) Each certificate holder shall re­ next work day. For aircraft operated in the aircraft. port the occurrence or detection of each areas where rnail is not collected, reports 19. By adding the following new sec­ failure, malfunction, or defect in a multi- may be mailed or delivered within 24 tion to Subpart B of Part 135 : engine aircraft concerning— hours after the aircraft returns to a point (1) Fires during flight and whether where mail is collected. § 135.55 Pilot and flight attendant the related fire-warning system func­ (e) The certificate holder shall trans­ crewmember training programs. tioned properly; mit the reports required by this section (a) Each certificate holder, other than (2) Fires during flight not protected on Form FAA 8330-2 “Malfunction or one who uses only himself as a pilot, shall by a related fire-warning system; Defect Report,” and shall include as establish and maintain a pilot training (3) False fire warning during flight; much of the following as is available: program, and each certificate holder (4) An engine exhaust system that (1) Type and identification number who uses a flight attendant crewmember causes damage during flight to the en­ of the aircraft. shall establish and maintain a flight at­ gine, adjacent structure, equipment, or (2) The name of the operator. tendant training program, that is ap­ components; (3) The date. propriate to the operations to which each (5) An aircraft component that causes (4) The nature of the failure, mal­ required pilot and flight attendant is to accumulation or circulation of smoke, function, or defect. be assigned and will ensure that he is vapor, or toxic or noxious fumes in the (5) Identification of the part and sys­ adequately trained to meet the applicable crew compartment or passenger cabin tem involved, including available infor­ initial and recurrent knowledge and during flight; mation pertaining to type designation practical testing requirements of this (б) Engine shutdown during flight be­ of the major component and time since part. cause of flameout; overhaul, if known. (b) Each certificate holder required to (7) Engine shutdown during flight (6) Apparent cause of the failure, have a training program by paragraph when external damage to the engine or malfunction, or defect (e.g., wear, crack (a) of this section shall include in that aircraft structure occurs; design deficiency, or personnel error). program ground and flight training cur- (8") Engine shutdown during flight due (7) Other pertinent information nec­ riculums for— to foreign object ingestion or icing; essary for more complete identification, (1) Initial training; (9) Shutdown of more-than one en­ determination of seriousness, or correc- (2) Additional training necessary to gine during flight; ensure qualification in new kinds of (10) A propeller feathering system or (f) Failures, malfunctions, or defec equipment, procedures, and techniques; ability of the system to control over­ reported under the accident reP°fr , and speed during flight; provisions of Part 430 of the r é g u l â t

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 RULES AND REGULATIONS 19137 of the National Transportation Safety gency equipment,, that must be inspected. 26. By revising §, 135.79(b) to read as Board of this title need not be reported (2) A schedule for the performance follows: under this section. of the aircraft inspections under sub- (g) No person may withhold a report paragraph (I) of this paragraph ex­ § 135.79 Autopilot: Minimum altitudes by this section even though all informa­ pressed in terms of the time in service, for use. tion required by this section is, not calendar time, number of system opera­ ***** available. tions, or any combination of these. (b) If an approach coupler is used, a 21. By adding the following new sec­ (3) Instructions for recording defects pilot may use an autopilot system during tion to Subpart B of Part 135: found during inspections, including form an approach to an airport under IFR and disposition of records. while descending to the DH or MDA, but § 135.59 Mechanical interruption sum­ '(e) After approval, the certificate not below, unless the autopilot system is mary report. holder shall include the approved air­ otherwise limited. craft inspection program in the manual Each certificate holder shall mail or 27. By amending §135.81 to read as deliver, before the end of the 10 th day required by § 135.27. follows: of the following month, a summary re­ (f) Whenever the Administrator finds port of the following occurrences in that revisions to an approved aircraft § 155.81 Briefing of passengers before multiengine aircraft for each month to inspection program are necessary for the flight. the FAA District Office having jurisdic­ continued adequacy of the program the Before each takeoff each pilot in com­ tion over the area in which the certif­ certificate holder shall, after notifica­ mand shall ensure that all passengers are icate holder’s principal business office tion by the Administrator, make any familiar with information on— is located : changes in the program found by the (a) Smoking; (a) Each interruption to a flight, un­ Administrator to be necessary. The cer­ (b) Use of seat belts; scheduled change of aircraft en route, or tificate holder may petition the Admin­ (c) Location and means for opening unscheduled stop or diversion from a istrator to reconsider the notice to make the passenger entry door and emergency route, caused by known or suspected me­ any changes in a program. The petition exits; chanical difficulties or malfunctions that should be filed with the representative of (d) Location of survival equipment ; are not required to reported under the Administrator assigned to it within (e) If the flight involves extended § 135.57. 30 days after the certificate holder re­ over-water operation, ditching proce­ (b) The number of propeller feather­ ceives the notice. Except in the case of dures and the use of required flotation ings in flight, listed by type of propeller an emergency requiring immediate ac­ equipment; and mid engine and airplane on which it was tion in the interest of safety, the filing (f) If the flight involves operations installed. Propeller featherings for train­ of the petition stays the notice pending above 10,000 feet MSL, the normal and ing, demonstration, or flight check pur­ a decision by the Administrator. emergency use of oxygen. poses need not be reported. (g) Each certificate holder who has an approved aircraft inspection program § 135.85 [Amended] 22. By adding the following new sec­ tion to Subpart B of Part 135: shall have each aircraft that is subject 28. By amending § 135.85(b) (2) by to the program inspected in accordance striking out the word “and” immediately § 135.60 Approved aircraft inspection with the program. following the words “functioning deic­ program. (h) The registration number of each ing” and inserting the word “or” in place (a) Whenever the Administrator finds aircraft that is subject to an approved thereof and by adding new paragraphs that the aircraft inspections required or aircraft inspection program is included (d) and (e) to read as follows: permitted under § 91.169 or § 91.m of in the operations specifications of the certificate holder. (d) Paragraphs (b) and (c) of this this chapter are not adequate to meet section do not apply— the requirements of this part, or upon 23. By revising § 135.67 to read as Cl) To reciprocating engine powered application by a certificate holder, the follows: airplanes that have ice protection provi­ Administrator may amend the certifi­ § 135.67 Airworthiness check. sions that comply with § 25.1419 (a) cate holder’s operations specifications, through (c) of this chapter, in effect m accordance with § 135.19, to require The pilot in command may not begin after March 31,1970; or allow an approved aircraft inspection a flight unless he determines that the (2) To turbine engine powered air­ Program for any make and model air­ airworthiness inspections required by planes that have ice protection provisions craft of which the certificate holder has § 91.169 of this chapter or § 135.60, that comply with §§ 25.1093(b) and the exclusive use of at least one aircraft whichever is applicable, have been made. 25.1419 Car) through (c) of this chapter, n5eflned in 5 135.31(b)). 24. By revising the first sentence of in effect after March 31, 1970; or ^ certificat® holder who applies § 135.75 to read as follows: (3) To airplanes certificated in ac­ ,®n amendment of his operations cordance with section 34 of Appendix A Reifications to allow an approved air- § 135.75 Exception to second in com­ of this part or section 34 of Special FAR J?JLtospection Program must-submit a mand requirements: limited IFR program f°r approval by the Adminis­ conditions. No. 23 of this chapter. (e) If current weather reports and trator with his application. Unless two pilots are required by this uac,*\ certificate holder who is re- briefing information relied upon by the chapter for operations under VFR, the pilot in command indicate that the fore­ havA^ by °Perations specifications to pilot in command of an airplane carry­ approved aircraft inspection cast icing condition that would otherwise ing passengers may— prohibit the flight will not be encoun­ ornvof^k sh311 su*>mit a program for ap- ***** dav/if the Administrator within 30 tered during the flight because of soPAifi1 amendment of his operations 25. By revising § 135.77(a) to read as changed weather conditions since the follows: forecast, the restrictions in paragraphs rkS Ì al10ns or wiihin such other pe- (b) and (c) of this section based on in thA Administrator may prescribe § 135.77 Exception to second in com­ forecast conditions do not apply. . operations specifications. mand requirement: approval of use submit^6*aircraft inspection program of autopilot system. 29. By adding the following new sec­ tra tor nf.? for approval by the Adminis- (a) Unless two pilots are required by tion to Subpart C of Part 135: ( l c°ntain the following : this chapter for operations under VFR, § 135.113 Landing and takeoff distance the J ^ tnictions 311(1 Procedures for a person may operate an airplane with­ limitations. (which of aircraft inspections out a second in command if it is equipped Each pilot in command shall, before checks necessary tests and with an operative autopilot system and beginning a flight, familiarize himself and 111 detail the parts the use of that system is authorized by with all available information concerning Peller* the airframe, engines, pro- appropriate operations specifications. runway lengths at airports of intended » and appliances, including emer- * * * * * use and the landing and takeoff distance

No. 231----- a FEDERAL REGISTER, V O L 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19138 RULES AND REGULATIONS required for the aircraft. This informa­ § 135.121 Pilot-in-command qualifica­ § 135.131 Pilot in command: Instru­ tion must include takeoff and landing tions: Night flight. ment check requirements. distance data contained in the approved No person may act as pilot in command (a) No certificate holder may use a aircraft flight manual, or other reliable of an aircraft at night unless— pilot, nor may any person serve as a data appropriate to the aircraft relating (a) He has had at least 500 hours of pilot in command of an aircraft under to aircraft performance under expected flight time as pilot, including at least 100 IFR unless, since the beginning of the values of airport elevation, wind, and hours of cross-country flight time, at sixth calendar month before that use, temperature. least 25 hours of which were at night; he has passed an instrument check and and the Administrator or an authorized check 30. By adding the following new sec­ pilot has so certified in a letter of tion to Subpart C of Part 135: (b) In the case of an airplane, he holds an instrument rating or an airline competency. § 135.115 Alcoholic beverages. transport pilot certificate with an (b) No pilot may use any type of in­ (a) No person may drink any alcoholic airplane category rating. strument approach procedure under IFR beverage aboard an aircraft unless the unless, since the beginning of the sixth 35. By adding the following new calendar month before that use, he has certificate holder operating the aircraft section to Subpart D of Part 135 : has served that beverage to him. successfully demonstrated that proce­ (b) No certificate holder may serve § 135.122 Pilot-in-command qualifica­ dure and the Administrator or an author­ any alcoholic beverage to any person tions : Routes and airports. ized check pilot has so certified in a aboard its aircraft if that person appears (a) The certificate holder may not letter of competency. to be intoxicated. utilize a pilot, nor may any person serve, (c) The instrument check required by (c) No certificate holder may allow as pilot in command of a flight under paragraph (a) of^this section consists of any person to board any of its aircraft if IFR unless, since the beginning of the an oral or written equipment test and that person appears to be intoxicated. 12th calendar month before that service a flight check under simulated instru­ (d) Each certificate holder shall, he has passed a flight check in one of the ment conditions. The equipment test in­ within 5 days after the incident, report types of airplanes that he is to fly, given cludes questions on emergency proce­ to the Administrator the refusal of any by an approved check pilot who is quali­ dures, engine operation, fuel and lubri­ person to comply with paragraph (a) of fied in the aircraft, or by the Administra­ cation systems, power settings, stall this section, or any disturbance caused tor, consisting of at least one flight over speeds, best engine-out speed, propeller by a person who appears to be intoxi­ a representative airway or approved off- and supercharger operations, and hy­ cated aboard any of its aircraft. draulic, mechanical, and electrical airway route, or portion thereof, over systems. The flight check includes navi­ 31. By adding the following new which he may be assigned to fly. gation by instruments, recovery from section to Subpart C of Part 135: (b) The pilot who conducts the check simulated emergencies, and standard shall determine whether the pilot being § 135.117 Carriage o f cargo. instrument approaches involving navi­ checked satisfactorily performs the gational facilities that he is to be author­ No person may carry cargo in any duties and responsibilities of a pilot in ized to use. Each person taking the aircraft unless— command in operations under this part, instrument check must show that stand­ (a) It is carried in an approved cargo and shall so certify in the pilot training ard of competence required by paragraph rack» bin, or compartment installed in record. (d) of § 135.138. the aircraft; (b) It is secured by means approved 36. By amending § 135.123(a) (2) to * - * * * * by the Administrator; or read as follows: (h) The Administrator or authorized (c) It is carried in accordance with § 135.123 Pilot-in-command qualifica­ check pilot issues a letter of competency each of the following. tions : VFR flight over-the-top. to each pilot, if he passes the instrument (1) It is properly secured by a safety (a) * * * check, containing the types of instru­ belt or other tiedown having enough (2) An instrument rating or, in thement approach procedures authorized strength to eliminate the possibility of case of helicopters, a helicopter instru­ and the types of instrument approach shifting under all normally anticipated ment rating, or an airline transport pilot procedures authorized using an autopilot, flight and ground conditions. certificate with a category and class rat­ if any. (2) It is packaged or covered to avoid ing for that aircraft, not limited to VFR. 41. By amending § 135.135 to read as possible injury to passengers. * * * * * follows: (3) It does not impose any load on seats or on the floor structure that ex­ 37. By revising § 135.125 to read as § 135.135 Check pilot authorization: ceeds the load limitation for those follows : Application and issue. components. § 135.125 Pilot-in-command qualifica­ Each certificate holder desiring FAA (4) It is not located in a position that tions : IFR flight. approval of a check pilot shall submit restricts the access to or use of any re­ No person may act as pilot in command his request in writing to the FAA District quired emergency or regular exit, or the of an aircraft under IFR unless he has Office having jurisdiction over the area use of the aisle between the crew and the had at least 1,200 hours of flight time in which the holder’s principal business passenger compartment. as a pilot, including 500 hours of cross­ office is located. The Administrator may (5) It is not carried directly above country flight time, 100 hours of night issue a letter of authority to each checK seated passengers. flight time, including at least 10 night pilot if he passes the appropriate oral and flight test. The letter of authority 32. By adding the following new takeoffs and landings, and 75 hours of actual or simulated instrument flight lists the tests in § 135.138 that the checK section to Subpart C of Part 135: time, at least 50 hours of which were in pilot is qualified to give and the clas § 135.119 Reporting of mechanical ir­ actual flight. and type aircraft, where appropriate, io regularities. which the check pilot is qualified. § 135.127 [Amended] The pilot in command shall report to 42. By adding the following new sec­ 38. By amending § 135.127 by inserting tion to Subpart D of Part 135: the certificate holder each mechanical the words “and, when a second in com­ irregularity that comes to his attention mand is required by this chapter,” im­ § 135.136 Flight and duty time limita­ during flight time and each defect noted mediately following the words “commer­ tions. by him during preflight inspection of the cial pilot certificate.” (a) No certificate holder may any flight crewmember, and no n g aircraft. § 135.129 [Deleted] crewmember may accept an assignme . 33. By revising the title of Subpart D 39. By deleting § 135.129. for duty during flight time if the o to read “Crewmember Qualifications.” 40. By revising § 135.131 by revising 34. By revising § 135.121 to read as paragraphs (a), (b), and (c) and adding flight time of that flight in addi10 follows: a new paragraph (h) to read as follows: any other commercial flying by

FEDERAL REGISTER, VOL. 34, NO. 231— -WEDNESDAY, DECEMBER 3, 1969 RULES AND REGULATIONS 19139 flight crewmember exceeds the following § 135.138 Initial and recurrent pilot (d) For the purposes of this part, during any 24 consecutive hours: testing requirements. competent performance of a procedure Cl) Eight hours for a flight crew con­ (a) No certificate holder may use the or maneuver by a person to be used as sisting of one pilot. services of a pilot, nor may any person pilot requires that he be the obvious (2> Ten hours for a flight crew con­ serve as a pilot, unless, since the begin­ master of the aircraft, with the success­ sisting of two pilots required by this ning of the 12th calendar month before ful outcome of the maneuver never in chapter: I that service, he has passed a written or doubt. (b) No certificate holder may assign a oral test, given to him by the Adminis­ (e) The Administrator or authorized flight crewmember, and no flight crew­ trator or an authorized check pilot, on his check pilot certifies the competency of member may accept an assignment, for knowledge in the following areas: each pilot who passes the knowledge or duty during flight time unless that as­ (1) The appropriate provisions of flight check in the certificate holder’s signment provides for at least 10 con­ Parts 61, 91, and 135 of this chapter and pilot records. secutive hours of rest during the 24-hour the operations specifications and the 45;. By adding the following new sec­ period preceding the planned completion manual of the certificate holder. tion to Subpart D of Part 135: of the assignment. (2) For each type, of aircraft to be (c) A flight crewmember is not con­ flown by the pilot, the aircraft power- § 135.139 Initial and recurrent flight sidered to be assigned for duty during plant, major components and systems, attendant crewmember testing re­ flight time in excess of flight time limita­ major appliances, performance and limi­ quirements. tions if the flights to which he is assigned tations, standard and emergency opera­ Each certificate holder who uses a would normally terminate within the tion procedures, and the contents of the flight attendant crewmember shall de­ limitations, but due to circumstances be­ approved aircraft flight manual or termine by appropriate initial and re­ yond the control of the certificate holder owner’s handbook, as applicable; current testing that each flight attendant or the flight crewmember (such as ad­ (3) For each type of aircraft to be crewmember is knowledgeable and com­ verse weather conditions) are not at the flown by the pilot, the method of deter­ petent in the following areas as appro­ time of departure expected to reach their mining compliance ‘ with weight and priate to assigned duties and responsi­ destination within the planned flight balance limitations for takeoff, landing, bilities, before he is assigned to serve as time. and en route operations; a flight attendant crewmember— (d) No certificate holder may assign a (4) Navigation and use of air naviga­ (a) Authority of the pilot in command; flight crewmember, and no flight crew­ tion aids appropriate to the operation or (b) Passenger handling, including member may accept an assignment, for pilot authorization, including when ap­ procedures to be followed in the event duty during flight time if, because of plicable, instrument approach facilities of the presence of deranged persons or circumstances beyond the control of the and procedures; other persons whose conduct might certificate holder or flight crewmember, (5) Air traffic control procedures, in­ jeopardize the safety of other passengers ; the flight crewmember has been on duty cluding IFR procedures when applicable; (c) Crewmember assignments, func­ during flight time for more than 8 hours (6) Meteorology, in general and as ap­ tions, and responsibilities during ditch­ during any 24 consecutive hours unless propriate to the operations of the ing and evacuation ; he has had 16 hours of rest since the certificate holder; (d) Briefing of passengers ; completion of his last assigned flight. (7) Procedures for avoiding operations (e) Location and operation of portable (e) Time spent in transportation, not in thunderstorms and hail, and for fire extinguishers; local in character, that the certificate operating in turbulent air or in icing (f ) Proper use of cabin equipment and holder requires of a flight crewmember conditions; and controls ; and provides to transport the crewmem­ (8) New equipment, procedures, or (g) Location and operation of pas­ ber to the airport at which he is to serve techniques, as appropriate. senger oxygen equipment; and on a flight as a flight crewmember, or (b) No certificate holder may use the (h) Location and operation of all from an airport at which he has com­ services of a pilot, nor may any person normal and emergency exits, including pleted an assigned flight to his home serve as a pilot, in any aircraft unless he evacuation chutes and escape ropes. station, is not considered part of a rest has passed a flight check given to him by Period. 46. By adding the following new sec­ the Administrator or an authorized check tion to Subpart E of Part 135: (f) No certificate holder may assign pilot in that class of aircraft, if single­ any flight crewmember, and no flight engine airplane other than turbojet, or § 135.167 Empty weight and center of crewmember may accept an assignment, that type of aircraft, if helicopter, multi- gravity: Current requirement. ior duty during flight time if he has engine, or turbojet, to determine the (a) After April 1, 1971, no pérson may oeen assigned to any duty with the cer- pilot’s competence in practical skills and operate a multiengine aircraft in op­ uncate holder in connection with opera­ techniques in that aircraft or class of erations to which this part applies un­ tions under this part during any required aircraft, including at least— rest period. less the current empty weight and center (1) Those maneuvers that are set of gravity are calculated from values 43. By adding the following new sec­ forth in Part 61 of this chapter and re­ established by actual weighing of the tion to Subpart D of Part 135: lated advisory circulars for pilot cer­ . aircraft within the preceding 3 years. tification in the class of aircraft the pilot (b) Paragraph (a) of this section does ^5.137 Initial and recurrent training is to operate; not apply to— requirements. (2) Instrument demonstrations ap­ (1) Aircraft originally certificated for ¿J*0 certificate holder may use the serv- propriate to the operations authorized airworthiness within the preceding 3 niio+ *l?r may any person serve as, a for the pilot, including the types of in­ years; and nna flight attendant crewmember in strument approach procedures author­ (2) Aircraft operated under a weight under thls Part unless that ized in his letter of authorization; and and balance system approved in the op­ m em ber has completed the appro- (3) If a pilot is to be assigned to areas of nf + or recurrent training phase or routes that must be navigated by erations specifications of the certificate tb to® training program appropriate to pilotage, a demonstration of his skill in holder. me prpe of operation in which he is to navigation solely by pilotage. §§ 135.33, 135.35, 135.37, 135.39, rve since the beginning of the 12th (c) The 6-month instrument check 135.49,135.101 [Amended] endar month before that service. This required by § 135.131 may be substituted 47. By amending §§ 135.33, 135.35, section does not apply to a certificate for the tests required by this section for 135.37, 135.39, 135.49, and 135.101 by ■ who uses only himself as a pilot. the type of aircraft used in the check, if striking out the words “person holding adding the following new sec- that check also includes takeoffs, land­ an ATCO certificate” or “holder of an won to Subpart D of Part 135: ings, and ground handling maneuvers. ATCO certificate” wherever they appear

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19140 RULES AND REGULATIONS and inserting the words “certificate § 385.13 Delegation to die Director, 12177-78), the Chocolate Manufacturers holder” in place thereof. Bureau of Operating Rights. Association of the United States of America, Washington, D.C. 20006, an (Secs. 313(a), 601-610, Federal Aviation Act ***** of 1958 (49 U.S.C. 1354(a), 1421-1430); sec. (r) With respect to consolidations, adversely affected person, filed objections 6(c), Department of Transportation Act (49 mergers, purchases, leases, operating to such orders and requested a public U.S.C. 1655(c))) hearing on such objections. contracts, and acquisitions of control: The Commissioner of Food and Drugs Note: The recordkeeping and reporting * * * * * requirements contained in Notice No. 69-4 concludes that reasonable grounds have have been approved by the Bureau of the (3) Approve short-term wet leasesbeen stated for a hearing on the issue Budget in accordance with the Federal Re­ where: of whether dioctyl sodium sulfosuccinate ports Act of 1942. Since the recordkeeping (i) The lease arrangement is for 60 in cocoa would accomplish its intended and reporting requirements contained in the days or less; effect; that is, to rapidly disperse cocoa rules as adopted herein have been modified (ii) The lease arrangement is for the in dry beverage bases when such bases in response to comments submitted and are purpose of replacing (rather than ex­ are being mixed with water or milk. decreased from those proposed, approval by the Bureau of the Budget has not been ob­ panding) lessee’s capacity because of The Commissioner further concludes tained prior to their adoption. strikes, accidents or maintenance prob­ that additional objections by the Choco­ lems; and late Manufacturers Association have not Issued in Washington, D.C., on _ (iii) There are no objections to the been supported by reasonable grounds; November 26, 1969. lease arrangement. therefore, such objections, as follows, are J. H. Shaffer, ***** not acceptable for filing with the rea­ Administrator. (v) Approve waivers of § 378.2(b) (2) sons given: [F.R. Doc. 69-14327; Filed, Dec. 2, 1969; of the Board’s Special Regulations of 1. In the event of a manufacturing­ 8:48 a.m.] this chapter to permit, on air/sea in­ packaging error, the household consumer clusive tours, daytime stops by a cruise might receive a cocoa treated with dioctyl sodium sulfosuccinate. This ob­ Chapter II— Civil Aeronautics Board ship in lieu of overnight stops where: (1) The daytime stop is of at least 12 jection is rejected because any manu­ SUBCHAPTER E— ORGANIZATION REGULATIONS hours’ duration; and facturer of any food must exercise care in maintaining the identity of raw ma­ [Reg. OR-45; Arndt. 13] (2) The daytime stop is preceded or followed by a night at sea. terials, foods undergoing processing, and finished foods so as to preclude mixups in PART 385— DELEGATIONS AND RE­ * * * * * VIEW OF ACTION UNDER DELEGA­ labeling and distribution. (Secs. 202, 204, 1001, Federal Aviation Act 2. Special equipment and flammable TION; NONHEARING MATTERS of 1958, as amended, 72 Stat. 742 (as amended or explosive solvent mixtures are re­ Delegations of Authority by 75 Stat. 785), 743, 788; 49 U.S.C. 1322, quired in treating cocoas with dioctyl 1324, 1481) sodium sulfosuccinate, and employees Adopted by the Civil Aeronautics By the Civil Aeronautics Board. might be subjected to eye injury from Board at its office in Washington, D.C., accidental exposure to dioctyl sodium on the 26th day of November 1969. [seal] Mabel M cCart, sulfosuccinate. This objection is rejected The Board has determined to grant to Acting Secretary. because expense and necessary precau­ the Director, Bureau of Operating [F.R. Doc. 69-14345; Filed, Dec. 2, 1969; tions against industrial safety hazards Rights, new delegations of authority (1) 8:49 a.m.] are inherent to varying degrees in any to approve short-term wet leases of air­ good manufacturing operation. craft where the lease arrangement is for 3. At the maximum levels of dioctyl a period of 60 days or less and is for the sodium sulfosuccinate permitted in purpose of replacing (rather than ex­ Title 21— FOOD AND DRUGS cocoa-flavored beverages, undesirable panding) lessee’s capacity because of bitterness is encountered. This objection strikes, accidents or maintenance prob­ Chapter I— Food and Drug Adminis­ is rejected because bitterness is not al­ lems, and where there are no objections tration, Department of Health, Ed­ ways encountered and, when it is en­ to the lease arrangement;' and (2) to ap­ ucation, and Welfare countered under such conditions, it often prove waivers of § 378.2(b) (2) of the appears to be attributable to the natural Board’s Special Regulations to permit, on SUBCHAPTER B— FOOD AND FOOD PRODUCTS bitterness of cocoa as much as to bitter­ air/sea inclusive tours, daytime stops by PART 14— CACAO PRODUCTS ness which may result from the additive. a cruise ship in lieu of overnight stops, Therefore, pursuant to the provisions where the daytime stop is of at least 12 PART 121— FOOD ADDITIVES of the Federal Food, Drug, and Cosmetic hours’ duration and is preceded or fol­ Subpart D— Food Additives Permitted Act (secs. 401, 409, 701, 52 Stat. 1046, lowed by a night at sea. 1055, as amended 70 Stat. 919, 72 Stat. In addition, the delegation contained in Food for Human Consumption 948; 72 Stat. 1785 et seq.; 21 U.S.C. 341, in § 385.13 (v), which delegates authority Cocoa With Dioctyl Sodium Sulfosuc- 348, 371) and under authority delegated to approve applications for Statements CINATE FOR MANUFACTURING; ORDER to the Commissioner (21 CFR 2.120). of Authorization for inclusive tours, is Staying E ffectiveness of I dentity It is ordered, That the effective date oi being rescinded since the Board no Standard and F ood Additive R egula­ §§14.14, 121.1137(e), and 121.1229 oe longer issues such Statements of Author­ tions stayed pending resolution of the issu ization. raised by the objection at a public hear­ Since the amendments contained in In the matter of (1) establishing a ing. An announcement scheduling tn this revision are not substantive rules standard of identity for cocoa with hearing will be published at a later date. but rules of agency organization and dioctyl sodium sulfosuccinate for manu­ facturing (§14.14), (2) amending the Secs. 401, 409, 701, 52 Stat. 1046, 1055, as procedure, notice and public procedure mended 70 Stat. 919, 72 Stat. 948; 72 Sta . hereon are not required, and the amend­ food additive regulation concerning ments may be made effective immedi­ dioctyl sodium sulfosuccinate (§ 121.1137 ately. (e)), and (3) establishing a food addi­ Dated: November 25, 1969. tive regulation for cocoa with dioctyl J. K . K ir k , In consideration of the foregoing, the sodium sulfosuccinate for manufactur­ Civil Aeronautics Board hereby amends Associate Commissioner ing (§ 121.1229): for Compliance. Part 385 (14 CPR Part 385), effective In response to the orders in the above- November 26, 1969, as follows: identified matter published in the F ed­ [F.R, Doc. 69-14307; Filed, Dec. 2, I96 ’ Amend § 385.13 as follows: eral R egister of July 23, 1969 (34 F.R. 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 RULES AND REGULATIONS 19141

Part 33, and are effective through De­ PART 33— SPORT FISHING Title 50— WILDLIFE AND cember 31, 1970. Horicon National Wildlife Refuge, L . A . M e h r h o f f , J r . , FISHERIES Project Manager, Crab Orchard Wis. National Wildlife Refuge, The following special regulation is Chapter I— Bureau of Sport Fisheries CarterviUe, III. and Wildlife, Fish and Wildlife issued and is effective on date of publica­ Service, Department of the Interior November 25, 1969. tion in the F ederal R egister. [FR. Doc. 69-14278; Filed, Dec. 2, 1969; PART 33— SPORT FISHING 8:45 a.m.] § 33.5 Special regulations; sport fish­ ing; for individual wildlife refuge Crab Orchard National Wildlife areas. Refuge, III. PART 33— SPORT FISHING W isconsin The following special regulation is is­ sued and is effective on date of publica­ Kirwin National Wildlife Refuge, HORICON NATIONAL WILDLIFE REFUGE tion in the F ederal R egister. Kans. Sport fishing on the Horicon National §33.5 Special regulations; sport fish­ The following special regulation is Wildlife Refuge, Mayville, Wis., is per­ ing; for individual wildlife refuges. issued and is effective on date of pub­ mitted only on the areas designated by I llinois lication in the F ederal R egister. signs as open to fishing. These open CRAB ORCHARD NATIONAL WILDLIFE REFUGE § 33.5 Special regulations; sport fish­ areas, comprising 15 acres, are delin­ ing; for individual wildlife refuge eated on maps available at refuge head­ Sport fishing on the Crab Orchard areas. National Wildlife Refuge, HI., is per­ K ansas quarters and from the office of the mitted only on the areas designated by Regional Director, Bureau of Sport signs as open to fishing. These open areas kirw in national wildlife refuge Fisheries and Wildlife, Federal Building, comprising 8,800 acres are delineated on Sport fishing on the Kirwin National maps available at the refuge head-, Fort Snelling, Twin Cities, Minn. 55111. Wildlife Refuge, Kans., is permitted from Sport fishing shall be in accordance with quarters and from the office of the Re­ January 1 through December 31, 1970, gional Director, Bureau of Sport Fish­ inclusive, on all areas not designated by all applicable State regulations subject eries and Wildlife, Federal Building, Fort signs as closed to fishing. These open to the following special conditions: Snelling, Twin Cities, Minn. 55111. Sport areas, comprising 5,000 acres, are delin­ (1) The open season for sport fishing fishing shall be in accordance with all eated on maps available at refuge head­ applicable State regulations subject to on the refuge extends from January 1, quarters, 5 miles west of Kirwin, Kans., 1970, through February 28, 1970, the following special conditions: and from the Regional Director, Bureau (1) The open season for sport fishing of Sport Fisheries and Wildlife, Post inclusive. on the refuge extends from January 1, (2) Permit is required to take carp 1970, through December 31,1970, in areas Office Box 1306, Albuquerque, N. Mex. designated on map as I and III; and 87103. Sport fishing shall be in accord­ for sale. from March 15,1970, through September ance with all applicable State regulations. The provisions of this special regula­ 30, 1970, daylight hours only, in area The provisions of this special regula­ tion supplement the regulations which designated on map as II; except bank tion supplement the regulations which govern fishing on wildlife refuge areas fishing is permitted from the Wolf Creek govern fishing on wildlife refuge areas generally which are set forth in Title 50, Road and State Highway 148 causeways, Part 33, and are effective through during daylight hours, from January 1, generally which are set forth in Title 50, 1970 through December 31, 1970. Code of Federal Regulations, Part 33, and February 28, 1970. (2) The use of boats and motors is are effective through December 31, 1970. R obert G. P ersonius, Permitted, except that use of a boat with K eith S. Hansen, Refuge Manager, Horicon Na­ amotor larger than ten (10) horsepower Refuge Manager, Kirwin Na­ is prohibited on Devil’s Kitchen Lake tional Wildlife Refuge, May­ tional Wildlife Refuge, Kirwin, ville, Wis. and on Little Grassy Lake. Kans. The provisions of this special regula­ November tion supplement the regulations which November 20, 1969. 24, 1969. govern fishing on wildlife refuge areas [F.R. Doc. 69-14279; Filed, Dec. 2, 1969; [F.R. Doc. 69-14280; Filed, Dec. 2, 1969; generally which are set forth in Title 50, 8:45 a.m.] 6:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 23 T— WEDNESDAY, DECEMBER 3, 1969 19142 Proposed Rule Making

producers on the Southern Michigan 37.161 of Part 37 of the Federal Aviation market. Regulations to update the minimum DEPARTMENT OF AGRICULTURE performance standards for airborne ILS Consumer and Marketing Service Signed at Washington, D.C., on No­ glide slope and localizer receiving vember 28, 1969. equipment. [ 7 CFR Part 1040 1 J ohn C. Blum , Interested persons are invited to par­ MILK IN SOUTHERN MICHIGAN Deputy Administrator, ticipate in the making of the proposed MARKETING AREA Regulatory Programs. rule by submitting such written data, [F.R. Doc. 69-14344; Filed, Dec. 2, 1969; views, or arguments as they may desire. Notice of Proposed Suspension of 8:49 a.m.] Communications should identify the Certain Provision of Order docket or notice number and be sub­ mitted in duplicate to the Federal Avia­ Notice is hereby given that, pursuant tion Administration, Office of the Gen­ to the provisions of the Agricultural DEPARTMENT OF HEALTH, eral Counsel, Attention: Rules Docket, Marketing Agreement Act of 1937, as GC-24, 800 Independence Avenue SW., amended (7 U.S.C. 601 et seq.), the sus­ Washington, D.C. 20590. All communica­ pension of a certain provision of the EDUCATION, AND WELFARE tions received on or before March 2, order regulating the handling of milk in Food and Drug Administration 1970, will be considered by the Adminis­ the Southern Michigan marketing area trator before taking action on the pro­ is being considered. The proposed sus­ [ 21 CFR Part 18 1 posed rule. The proposal contained in pension would be made effective as soon this notice may be changed in light of as possible and would continue until IMITATION MILKS comments received. All comments sub­ such time as a review of this issue mitted will be available, both before and may be completed through the hearing Extension of Time for Filing Com­ ments on Proposed Standards of after the closing date for comments, in procedure. the Rules Docket for examination by in­ All persons who desire to submit writ­ Identity and Quality terested persons. ten data, views, or arguments in connec­ In the matter of establishing standards This proposal would revise the current tion with the proposed suspension should of identity and quality for imitation Technical Standard Orders (TSOs) to file the same with the Hearing Clerk, milks (§§ 18.550 and 18.551) : provide minimum performance stand­ Room 112-A, Administration Building, The notice of proposed rulemaking in ards appropriate to ILS glide slope and U.S. Department of Agriculture, Wash­ the above-identified matter published in localizer equipment that is to be in­ ington, D.C. 20250, not later than 30 days the Federal Register of October 9, 1969 stalled in airplanes operated in Category from the date of publication of this no­ (34 F.R. 15657), provided for the filing II operations. The proposal also includes tice in the Federal Register. All docu­ of comments within 60 days following performance standards needed for equip­ ments filed should be in quadruplicate., its publication date. ment that is to be operated on capture AH written submissions made pursuant The Commissioner of Food and Drugs effect glide slope and wave guide to this notice will be made available for has received a request for extension of localizer facilities employing twin car­ public inspection at the office of the such time and, good reason therefor ap­ riers that are now being installed at vari­ Hearing Clerk during regular business pearing, the time for filing comments in' ous ground locations. ., hours (7 CFR 1.27(b)). this matter is extended to January 22, In connection with the foregoing, it The provision proposed to be suspended 1970. is proposed to revise the present t s o s in § 1040.12, which defines a “fluid milk This notice is issued pursuant to to provide new standards covering an­ product”, is the word “yogurt”. The sus­ provisions of the Federal Food, Drug, tenna efficiency and antenna polariza­ pension action would change the clas­ and Cosmetic Act (secs. 401, 701, 52 Stat. tion. The proposed revision would also sification of yogurt from a Class I prod­ 1046, 1055, as amended 70 Stat. 919, 72 require that the course centering accu­ uct to a Class IH product. Stat. 948; 21 U.S.C. 341, 371) and under racy requirement be met under all com­ The proposed suspension was requested authority delegated to the Commissioner binations of conditions which are nor­ by a proprietary handler and an operat­ mally expected to be encountered ing cooperative association. The two (21 CFR 2.120). Southern Michigan handlers are distrib­ Dated: November 25,1969. rhe receiver selectivity requirements of uting yogurt in Michigan, Ohio, and In­ J. K. K irk, ; current TSOs would be revised to diana. Federal orders applicable in Indi­ , Associate Commissioner dw a closer spacing of frequency a ana and certain areas of Ohio classify for Compliance. yogurt in Class n (which is equivalent to Class m under the Southern Michigan [F.R. Doc. 69-14328; Filed, Dec. 2, 1969; order). 8:48 a.m.] '^'course deviation current linearity The handlers contend that because of md course deviation current re®p, the lower classification of yogurt under standard is also proposed to cover certain other orders, they are unable to DEPARTMENT DF trical guidance information furnisn compete for yogurt sales, either in other ;o an autopilot coupler. it markets or in the Southern Michigan TRANSPORTATION In consideration of the £°reg?1o7g’i6i market, with handlers wl^o pay the sur­ is proposed to amend §§ 37.160 an • plus price for milk going into yogurt. The Federal Aviation Administration >f Part 37 of the Federal Aviation R e proposed suspension, it is claimed, would [ 14 CFR Part 37 1 nations to read as follows: place Southern Michigan handlers on a 1. By amending § 37.160 as follows: competitive cost basis with handlers [Docket No. 9995; Notice 69-52] operating under orders which classify 5 37.160 Airborne ILS ^ d e dope re- AIRBORNE ILS GLIDE SLOPE AND ceiving equipment, 1 SO-i-»1 • yogurt in Class II. LOCALIZER RECEIVING EQUIPMENT The suspension requests are supported (a) Applicability. (D Thi® by cooperative associations, including the Proposed Technical Standard Orders standard order prescribes the above-mentioned operating cooperative, The Federal Aviation Administration is performance standards that air representing over three-fourths of the considering amending §§*37.160 and LLS glide slope receiving equipment m

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 PROPOSED RULE MAKING 19143 meet in order to be identified with the (viii) Waterproof ness category; ment No. DO-131 entitled “Minimum applicable TSO marking. New models of (ix) Hydraulic fluid category; Performance Standards—Airborne tt.s equipment that are to be so identified, (x) Sand and dust category; Localizer Receiving Equipment” dated and that are manufactured on or after (xi) Fungus resistance category; December 15, 1965, and Radio Technical (the effective date of this section) must (xii) Salt spray category. ~ Commission for Aeronautics Document meet the requirements of Radio Tech­ (2) The equipment must be marked to No. DO-138 entitled “Environmental nical Commission for Aeronautics Docu­ indicate the class of centering accuracy Conditions and Test Procedures for Air­ ment No. DO-132 entitled “Minimum (Class A, B, C, or D) for which it'has borne Electronic/Electrical Equipment Performance Standards—Airborne ILS been designed to operate. and Instruments” dated June 27, 1968. Glide Slope Receiving Equipment” dated (3) Each separate component of equip­ RTCA Documents Nos. DO-131 and DO- March 15, 1966, and Radio Technical ment (antenna, receiver, indicator, etc.) 138 are incorporated herein in accord­ Commission for Aeronautics Document must be identified with at least the name ance with 5 U.S.C. 552(a) (1) and § 37.23, No. DO-138 entitled “Environmental of the manufacturer, the TSO number, and are available as indicated in § 37.23. Conditions and Test Procedures for Air­ and the environmental categories over Additionally, RTCA Documents Nos. DO- borne Electronic/Electrical Equipment which the equipment component is de­ 131 and DO-138 may be examined at and Instruments” dated June 27, 1968. signed to operate. Where an environ­ any FAA regional office of the Chief of RTCA Documents Nos. DO-132 and DO- mental test procedure is not applicable Engineering and Manufacturing Branch 138 are incorporated herein in accord­ to that component and the test is not (or in the case of the Western Region, ance with 5 U.S.C. 552(a) (1) and § 37.23, conducted, an X should be placed in the the Chief, Aircraft Engineering Division) and are available as indicated in § 37.23. space assigned for that category. and may be obtained from the RTCA Additionally, RTCA Documents Nos. (4) Where a manufacturer desires to Secretariat, Suite 302, NADA Building, DO-132 and DO-138 may be examined substantiate his equipment in dual cate­ 2000 K Street NW., Washington, D.C. at any FAA regional office of the Chief gories for a specific environmental test 20006, afr a cost of $2.50 per copy for of Engineering and Manufacturing procedure, the nameplate must be Document No. DO-131 and $4 per copy Branch (or in the case of the Western marked with both categories in the space for Document No. DO-138. Region, the Chief, Aircraft Engineering designated for that category, by placing (2) Exceptions: Division), and may be obtained from the one letter above the other. A typical (i) RTCA Paper DO-138 lists environ­ RTCA Secretariate, Suite 302, NADA nameplate identification would be as mental test conditions covering equip­ Building, 2000 K Street NW., Washing­ follows: ment subjected to water, hydraulic fluid, ton, D.C. 20006, at a cost of $2.50 per sand and dust, fungus and salt spray, for copy for Document No. DO-132 and $4 Env. Cat. AJAAAXWHDFS Class A which there are no corresponding equip­ per copy for Document No. DO-138. D (2) Exceptions: ment performance requirements in (i) RTCA Paper DO-138 lists environ­ (c) Data requirements. In accordance RTCA Paper DO-131. Therefore, if the mental test conditions covering equip­ with § 37.5, the manufacturer must applicant wishes to certify compliance ment subjected to water, hydraulic fluid, furnish to the Chief, Engineering and with any of the aforementioned environ­ sand and dust, fungus and salt spray, Manufacturing Branch, Flight Standards mental test conditions, the equipment for which there are no corresponding Division (or in the case of the Western performance requirements of paragraphs Region, the Chief, Aircraft Engineering 2.1a, 2.7, and 2.20 of RTCA Paper DO- equipment performance requirements in 131 must be met. RTCA Paper DO-132. Therefore, if the Division), Federal Aviation Administra­ applicant wishes to certify compliance tion, in the region in which the manu­ (ii) RTCA Paper DO-108, referenced with any of the aforementioned environ­ facturer is located, the following techni­ in RTCA Paper DO-131 has been super­ mental test conditions, the equipment cal data: seded by RTCA Paper DO-138. There­ Performance requirements of paragraphs ( 1 ) One copy of the operating instruc­ fore, the environmental test conditions 21a, 2.7, and 2.16 of RTCA Paper DO-132 tions and equipment limitations of the of RTCA Paper DO-138 are applicable must be met. manufacturer. to equipment under this Technical (ii) RTCA Paper DO-108 referenced (2) One copy of the installation pro­ Standard Order. m RTCA Paper DO-132 has been super­ cedures with applicable schematic draw­ (b) Marking, (l) in addition to the seded by RTCA Paper DO-138. There­ ings, wiring diagrams, and specifications, markings specified in § 37.7, the equip­ fore, the environmental test conditions and a listing of components (by part ment must be marked to indicate the en- of RTCA Paper DO-138 are applicable number) or possible combinations viromental extremes over which it has w equipment under this Technical thereof, which make up a system com­ been designed to operate. There are 12 standard Orders plying with this TSO. The procedures environmental test procedures outlined (b) Marking, (l) in addition to the must show all limitations, restrictions, or in RTCA Paper DO-138 which have markings specified in § 37.7, the equip- other conditions pertinent to the categories established. These must be ®eht must be marked to indicate the installation. identified on the nameplate by the words, environmental extremes over which it (3) One copy of the manufacturer’s “Environmental Categories” or, as ab­ nas been designed to operate. There are test report. breviated, “Env. Cat.”, followed by 12 environmental test procedures out- (d) Previously approved equipment. letters which identify the categories jned in RTCA Paper DO-138 which Airborne ILS glide slope receiving equip­ designated. Reading from left to right, nave categoric established. These must the category designations must appear on ment approved prior to the effective date the nameplate in the following order, so on the nameplate by the of this section may continue to be manu­ that they may be readily identified: .... • Environmental Categories” or, as factured under the provisions of its (1) Temperature-altitude category; iPt+Ievia'^e

FEDERAL REGISTER, VQL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19144 PROPOSED RULE MAKING way 32 to its intersection with the right-of- (Class A, B, C, or D) for which it has way of Interstate Highway 95, thence south­ been designed to operate. INTERSTATE COMMERCE westerly along the righit-of-way of Inter­ (3) Each separate component of state Highway 95 to its intersection with equipment (antenna, receiver, indicator, COMMISSION the Little Patuxent River, thence north­ etc.) must be identified with at least the westerly along the Little Patuxent River to name of the manufacturer, the TSO [ 49 CFR Part 1048 1 the intersection of its north fork and its number, and the environmental cate­ [Ex Parte Nos. MC-37 (Sub-No. 9A), east fork located approximately 1 mile north gories over which the equipment com­ MC—37 (Sub-No. 9B) ] of the intersection of Maryland Highway 32 ponent is designed to operate. Where and Berger Road, thence easterly along the BALTIMORE, MD., COMMERCIAL east fork of the Little Patuxent River to its an environmental test procedure is not intersection with Old Montgomery Road, applicable to that component and the test ZONE thence easterly along Old Montgomery Road is not conducted, an X should be placed Redefinition of Limits to its intersection with Maryland Highway in the space assigned for that category. 175, thence southerly along Old Montgomery (4) Where a manufacturer desires to November 28,1969. Road to its intersection with Mayfield Ave­ substantiate his equipment in dual Redefinition of the limits of the Balti­ nue, thence southeasterly along Mayfield categories for a specific environmental Avenue to its intersection with Maryland more, Md., commercial zone heretofore Highway 103, thence southeasterly along test procedure, the nameplate must be defined in Ex Parte No. MC-37 (Sub-No. Maryland Highway 103 to its intersection marked with both categories in the space 9) ; Baltimore, Md., commercial zone, with the right-of-way of Interstate Highway designated for that category, by placing 99 M.C.C. 572 at pages 576-577. 95, thence northeasterly along the right-of- one letter above the other. A typical Petitioners in Ex Parte MC-37 (Sub- way of Interstate Highway 95 to its intersec­ nameplate identification would be as No. 9A) : Howard County, Md.—Depart­ tion with the present limits of the zone, and follows : thence southeasterly along the limits of the ment of Industrial Relations, Chamber zone to the point of beginning. A of Commerce of Metropolitan Baltimore, In Ex Parte No. MC-37 (Sub-No. 9B), be­ Env. Cat. AJAAAXWHDPS Class A Inc., and the Howard Research and De­ ginning at the intersection of the present D velopment Corp. Petitioners in Ex limits of the Baltimore commercial zone (c) Data requirements. In accordance Parte MC-37 (Sub-No. 9B) : Anne Arun­ and the Howard County-Anne Arundel with § 37.5, the manufacturer must fur­ del County, Md., Parkway Industrial County line, thence southwesterly along the Center, Brass & Copper Supply Co., Inc. boundary line of Howard County-Anne nish to the Chief, Engineering and Man­ Arundel County to its intersection with ufacturing Branch, Plight Standards Petitioners’ representatives in Ex Parte Maryland Highway 176, thence southeasterly Division (or in the case of the Western MC-37 (Sub-No. 9A) : J. Cookman Boyd, along Maryland Highway 176 to its inter­ Region, the Chief, Aircraft Engineering Jr., 900 Aurora Federal Building, Balti­ section with Temporary Interstate Highway Division), Federal Aviation Administra­ more, Md, 21201; Thomas E. Lloyd, 95, thence northeasterly along Temporary tion, in the region in which the manufac­ Courthouse, Ellicott City, Md. 21043; Wil­ Interstate Highway 95 to its intersection with turer is located, the following technical liam L. Marbury, Donald P. McPherson the present limits of the zone, thence north­ data: ' ni, 900 First National Bank Building, westerly along the present limits of the zone (1) One copy of the operating instruc­ Baltimore, Md. 21202; and David G. Mac­ to the point of beginning. tions and equipment limitations of the donald, 100 16th Street NW., Washing­ The areas sought to be included with­ manufacturer. ton, D.C. 20036. Petitioners’ representa­ in the zone by these petitions are con­ (2) One copy of the installation pro­ tives in Ex Parte MC-37 (Sub-No. 9B) : tiguous to one another, a common line cedures with applicable schematic draw­ William L. Hudock, Anne Arundel between them being the Howard-Anne ings, wiring diagrams, and specifications, County, Arundel Center, Annapolis, Md. ; Arundel County line. and a listing of components (by part and J. Raymond Clark, 1411 K Street, No oral hearing is contemplated at this number) or possible combinations Washington, D.C. 20005. time, but anyone wishing to make repre­ thereof, which make up a system comply­ By petitions filed October 8, 1969, and sentations in favor of, or against, the ing with this TSO. The procedures must November 17, 1969, respectively, the above-proposed revisions of the limits of show all limitations, restrictions, or other above-named petitioners request the the Baltimore, Md., commercial zone, conditions pertinent to the installation. Commission to reopen the above pro­ may do so by the submission of written ceeding for the purpose of redefining data, views, or arguments. An original (3) One copy of the manufacturer’s the limits of the Baltimore, Md., com­ and seven copies of such data, views, or test report. mercial zone which were most recently arguments shall be filed with the Com­ (d) Previously approved equipment. defined on October 13, 1965, in Balti­ mission on or before January 30, 1970. Airborne ILS localizer receiving equip­ more, Md., Commercial Zone, 99 M.C.C. Each such statement should disclose the ment approved prior to the effective date 572, at pages 576-577 (49 CFR Part particular area to which the party’s in­ of this section may continue to be man­ 1048) so as to include therein two areas terest is directed, and include a state­ ufactured under the provisions of its southwest of the present southwestern ment of position with respect to the pro­ original approval. limits of the zone. posed revision, and a copy thereof should As presently defined, the Baltimore, be served upon the respective petitioners These amendments are proposed under • representatives. the authority of sections 313(a), 601, and Md., commercial zone is bounded on the southwest, in part by a line drawn 5 Notice to the general public of the 603 of the Federal Aviation Act of 1958 miles beyond the corporate boundaries of matters herein under consideration will (49 Ufi.C. 1354(a), 1421, and 1423), and Baltimore. Petitioners request the Com­ be given by depositing a copy of this of section 6(c) of the Department of mission to include within the zone two notice,in the Office of the Secretary of Transportation Act (49 U.S.C. 1655(c)). areas bounded by lines as follows: the Commission for public inspection ana by filing a copy thereof with the Director, Issued in Washington, D.C., on Novem­ In Ex Parte No. MC-37 (Sub-No. 9A), Office of the Federal Register. ber 26,1969. beginning at the intersection of the present R. S. Sliff, limits of the Baltimore commercial zone, and By the Commission. Acting Director, the Howard County-Anne Arundel County [seal] H. Neil Garson, line, thence southwesterly along the Howard Secretary. Flight Standards Service. County-Anne Arundel County line to its [F.R. Doc. 69-14311; Filed, Dec. 2, 1969; intersection with Maryland Highway 32, [F.R. Doc. 69-14335; Filed, Dec. 2, 1969« 8:47 a.m.l thence northwesterly along Maryland High­ 8:48 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19145 Notices

for inclusion in the Beaverhead National The authorized officer will also prepare DEPARTMENT OF THE INTERIOR Forest. a report for consideration by the Secre­ 3. The lands have been opened to ap­ tary of the Interior who will determine Bureau of Land Management plications and offers under the mineral whether or not the lands will be with­ [Sacramento 1609] leasing laws. They will be open to location drawn as requested by the applicant under the U.S. Mining Laws beginning agency. CALIFORNIA at 10 a.m. on December 31, 1969. Loca­ The determination of the Secretary on Opening of National Forest Lands tions made prior thereto shall be invalid. the application will be published in the 4. Inquiries shall be addressed to the F ederal R egister. A separate notice will November 24,1969. Manager, Land Office, 316 North 26th be sent to each interested party of 1. In DA-1090-Califomia, dated July 7, Street, Billings, Mont. 59101. record. 1969, the Federal Power Commission James M. Linne, If circumstances warrant, a public vacated the withdrawals created pursu­ Acting State Director. hearing will be held at a convenient time ant to the filing of applications for Power [PR. Doc. 69-14323; Piled, Dec. 2, 1969; and place, which will be announced. Project No. 1258 and No. 2126 to the ex­ 8:48 a.m.] tent that the lands described below are The lands involved in the application withdrawn therein: are: Black Hills Meridian Mount Diablo Meridian [M 14243 (SD) ] BLACK HILLS NATIONAL FOREST T. 25 N., R .9 E., SOUTH DAKOTA Sec. 22, SYaNW^NE^ and Ni/2Ni/2SW}4 Custer County Airport NE%. ' Notice of Proposed Withdrawal and T. 4 S„ R. 4 E., Reservation of Lands Sec. 2, lot 8; The area described aggregates ap­ Sec. 3, Sy2Nyhcation for w ith- rent management of the lands and their Provided, That the limitation shall not al by the Department of Agriculture resources. exceed $250:

No. 231- FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19146 NOTICES Subdistrict Managers. October 12,1954 (19 F.R. 6669), and sub­ tions. Commodities now eligible for fi­ Chief, Denver Field Health Group. ject to the conditions stated therein as nancing under the CCC Export Credit Chief, Pittsburgh Field Health Group. well as herein, the commodities listed Sales Program include barley, bulgur, The authority delegated herein shall below are available for sale and, where cattle (beef and dairy breeding) , com, be exercised in accordance with the Fed­ noted, for redemption of payment-in­ cornmeal, cotton (upland and extra long eral Property and Administrative Serv­ kind certificates on the price basis set staple), cottonseed meal, cottonseed oil, ices Act of 1949, as amended, and in forth. dairy products, flaxseed, grain sorghum, accordance with applicable policies, pro­ 1. The U.S. Department of Agriculture lard, linseed oil, oats, raisins, rice (milled cedures, and controls prescribed by the announced the minimum prices at which and brown), rye, soybean oil, tallow, to­ General Services Administration, the Commodity Credit Corporation (CCC) bacco, wheat, and wheat flour. These Department of the Interior, and the commodity holdings are available for commodities are subject to certain area Bureau of Mines. sale, beginning at 3 p.m., e.s.t., Novem­ limitations. Commodities purchased from This authority may not be redelegated ber 28, 1969. These prices, subject to CCC may be financed for export from pri­ without written approval of the Associate amendment, will continue until super­ vate stocks under the GSM-4 regulations. Director—-Health and Safety. seded by the January Monthly Sales Information on the CCC Export Credit List. Sales Program and on commodities avail­ H enry P. Wheeler, Jr., The following commodities are avail­ able under Title I, Public Law 480, private Acting Associate Director— able: Cotton (upland and extra long trade agreements, and current informa­ Health and Safety. staple), wheat, com, oats, barley, flax­ tion on interest rates and other phases [F.R. Doc. 69-14:281; Filed, Dec. 2, 1969; seed, rye, rice, grain sorghum, soybeans, of these programs may be obtained from 8:4:5 a.m.] peanuts, tung oil, cottonseed oil, butter, the Office of Assistant Sales Manager, and nonfat dry milk. Export Credit, Export Marketing Serv­ Office of the Secretary Added to the sales list for December is ice, U.S. Department of Agriculture, grain sorghum for export. Offerings of Washington, D.C. 20250. G. EVERETT MILLICAN storable grain sorghum for unrestricted 4. The following commodities are cur­ rently available for new and existing Statement of Changes in Financial use have been deleted. Offerings of cot­ tonseed meal have also been deleted. barter contracts: Upland cotton and to­ Interests Information on the availability of bacco. In addition, private stocks of com, In accordance with the requirements commodities stored in CCC bin sites may ' grain sorghum, barley (other than malt­ of section 710(b) (6) of the Defense Pro­ be obtained from Agricultural Stabiliza­ ing barley), oats, wheat, and wheat duction Act of 1950, as amended, and tion and Conservation Service State flour, and milled and brown rice, un­ Executive Order 10647 of November 28, offices shown at the end of the sales list. der Announcement PS-1, as amended; 1955, the following changes have taken For commodities stored a t other loca­ cottonseed oil and soybean oil under place in my financial interests during the tions, the information may be attained Announcement PS-2 ; tobacco under past 6 months: from ASCS commodity and grain offices Announcement PS-3; upland and extra long staple cotton under An­ (1) Home. also shown at the end of the list. (2) None." Com, oats, barley, or grain sorghum, nouncement PS-4; and inedible tallow (3) None. as determined by CCC, will be sold for and grease under Announcement PS-5; (4) None. unrestricted use for “Dealers’ Certifi­ are eligible-for programing in connection cates” issued under the emergency live­ with barter contracts covering procure­ This statement is made as of Octo­ ment for Federal agencies that will reim­ ber 25, 1969. stock feed program. Grain delivered against such certificates will be sold at burse CCC. (However, Hard Red Winter, Dated: November 12,1969. v the applicable current market price, de­ Hard Red Spring, Durum wheats, and G. E verett Millican. termined by CCC. flour produced from these wheats may [FJ{, Doc. 69-14324; Filed, Dec. 2, 1969; 2. In the following listing of Commodi­ not be exported under barter through 8:48 a.m.] ties and sales prices or method of sales, west coast ports.) Further information “unrestricted use” applies to sales which on private-stock commodities may be obtained from the Office of the Assistant WILLIAM R.' REMALIA permit either domestic or export use and “export” applies to sales which require Sales Manager, Barter, Export Market­ Statement of Changes in Financial export only. CCC reserves the right to ing Service, USDA, Washington, D.C. Interests 20250. determine the class, grade, quality, and 5. The CCC will entertain offers from In accordance with the requirements available quantity of commodities listed responsible buyers for the purchase of of section 710(b) (6) of the Defense Pro­ f OIT 0 The CCC Monthly Sales List, which any commodity on the current list. Of­ duction Act of 1950, as amended, and fers accepted by CCC will be subject to Executive Order 10647 of November 28, varies from month to month as addi­ tional commodities become available or the terms and conditions prescribed oy 1955, the following changes have taken the Corporation. These terms place in my financial interests during commodities formerly available are payment by cash or irrevocable letter ca the past 6 months : dropped, is designed to aid in moving CCC’s inventories into domestic or ex­ credit before delivery of the commodity (1) None. port use through regular commercial and the conditions require removal o (2) None. the commodity from CCC stocks witni (3) None. channels. a reasonable period of time. Where sal (4) None. If it becomes necessary during the month to amend this list in any material are for export, proof of exportation This statement is made as of Octo­ way—such as by the removal or addition also required, and the buyer is re&o " ber 26, 1969. of a commodity in which there is general sible for obtaining any required u. • Dated: November 19, 1969. interest or by a significant change in Government export permit or licen • price or method of sale—an announce­ Purchase from CCC shall not constitute William R. R emalia. any assurance that any such permit ]F.R. Doc. 69-14325; Filed, Dec. 2, 1969; ment of the change will be sent to all license will be granted by the issuing 8:48 am.] persons currently receiving the list by mail from Washington. To be put on this authority. , ,ne mailing list, address: Director, Grain Applicable-announcements ccmtanme Division, Agricultural Stabilization and all terms and conditions of sale w DEPARTMENT OF AGRICULTURE Conservation Service, TJ.S. Department furnished upon request. For easy of Agriculture, Washington, D.C. 20250. ence a number of these announcements Commodity Credit Corporation 3. Interest rates per annum under the are identified by code pumber in f o o SALES OF CERTAIN COMMODITIES CCC Export Credit Sales Program (Reg­ ing list. Interested persons are invi , communicate with the Agriculhirai December Sales List ulations GSM-4) for December 1969 are Stabilization and Conservation ’ Notice to buyers. Pursuant to the policy 6% percent for U.S. bank obligations of Commodity Credit Corporation issued and 7% percent for foreign bank obliga­ USDA, Washington, DX). 20250, with

FEDERAI REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19147 spect to all commodities or—for specified S a l e s P r i c e o r M e t h o d o f S a l e commodities—with the designated ASCS WHEAT, BULK commodity office. Unrestricted use. Markup in­ - Examples 6. Commodity Credit Corporation re­ A. Storable. Market price, as determined store serves the right to amend from time to by CCC, but not less than 115 percent of the time, any of its announcements. Such applicable 1969 pricfe-support loan rate * for the class, grade, and protein of the wheat $0.07 Feed grain program domestic PIK amendments shall be applicable to and certificate minimums: be made a part of the sale contracts plus the markup shown in C below applicable McLean County, 111. ($1.09+$0.02%) to the type of carrier involved. 115 percent +$0.07; $1.36. thereafter entered into. B. Nonstorable. At not less than market CCC reserves the right to reject any price, as determined by CCC. Available. Chicago, Kansas City, and Min­ or all offers placed with it for the pur­ C. Markups and examples (dollars per neapolis, ASCS grain offices. chase of commodities pursuant to such bushel in-store) announcements. GRAIN SORGHUM, BULK Markup Unrestricted use. CCC reserves the right to refuse to in-store Nonstorable. At not less than market price consider an offer, if CCC does not have received by— as determined by CCC. adequate information of financial re­ Examples Export: Export market price, as deter­ sponsibility of the offerer to meet Truck Rail or mined by CCC but not less than $2.35 per contract obligations of the type con­ barge hundredweight in-store west coast ports templated in this announcement. If a Grade 2 or better, or $2.20 per hundredweight prospective offerer is in doubt as to $0.11 % $0.09 Minneapolis—No. 1 DNS ($1.57) 115 in-store gulf ports Grade 2 or better, or percent'+$0.09; $1.90. $2.41% per hundredweight on track Texas whether CCC has adequate information Portland—No. 1 SW ($1.45) 115 per­ border points Grade 2 or better. Sales will be with respect to his financial* responsibil­ cent +$0.09; $1.76. made p rsuant to Announcement GR-212. ity, he should either submit a financial Kansas City—No. 1 HRW ($1.45) 115 percent +$0.09; $1.76. Available. Kansas City, Chicago, Minne­ statement to the office named in the invi­ Chicago—No. 1 RW ($1.46) 115 per­ apolis, and Portland ASCS grain offices. tation prior to making an offer, or com­ cent +$0.09; $1.77. municate with such office to determine BARLEY, BULK whether such a statement is desired in his Export. Unrestricted use. case. When satisfactory financial re­ A. Storable—Redemption of domestic pay­ A. CCC will sell limited quantities of Hardment-in-kind certificates (basis in-store): sponsibility has not been established, Red Winter, Durum, and Hard Red Spring Market price, as determined by CCC, but not CCC reserves the right to consider an wheat at west coast ports at domestic market less than the 1969 price-support loan rate offer only upon submission by offerer of price levels for export under Announcement where stored for the class, grade, and quality a certified or cashier’s check, a bid bond, GR-345 (Revision IV, Oct. 30, 1967, as amended) as follows: of the barley plus 24 cents per bushel if re­ or other security, acceptable to CCC, (1) Offers will be accepted subject to the ceived by truck or 21% cents per bushel if assuring that if the offer is accepted, purchasers’ furnishing the Portland ASCS received by rail or barge. the offerer will comply with any pro­ Branch Office with a Notice, of Sale contain­ B. Nonstorable. At not less than market visions of the contract with respect to ing the same information (excluding the price as determined by CCC. Payment for the commodity and the payment or certificate acceptance number) as Available. Kansas City, Chicago, Minne­ furnishing of performance bond or other required by exporters who wish to receive an apolis, and Portland ASCS grain offices. security acceptable to CCC. export payment under GR-345. The Notice Disposals and other handling of in­ of Sale must be furnished to the Commodity OATS, B U LK Office within 5 calendar days after the date of Unrestricted use. ventory items often result in small purchase. quantities at given locations or in qual­ (2) Sales will be made only to fill dollar A. Storable (basis in-store). Market price, ities not up to specifications. These lots market sales abroad and exporter must show as determined by CCC, but not less than the are offered by the appropriate ASCS export from the west coast to a destination applicable 1969 price-support rate where office promptly upon appearance and west of the 170th meridian, west longitude, stored for the class, grade, and quality of the therefore, generally, they do not appear and east of the 60th meridian, east longitude, oats plus 21 cents per bushel. mthe Monthly Sales List. and to ports on the west coast of Central B. Nonstorable. At not less than the market 7. On sales for which the buyer is re­ and South America. Dollar sales shall mean sales for dollars and sales financed with CCC price as determined by CCC. quired to submit proof to CCC of expor­ credit. Available. Kansas City, Chicago, Minne­ tation, the buyer shall be regularly Available. Chicago, Kansas City, Minne­ apolis, and Portland ASCS grain offices. engaged in the business of buying or apolis, and Portland ASCS offices. selling commodities and for this purpose RYE, B U LK shall maintain a bona fide business office SOYBEANS, BULK Unrestricted use. m the United States, its territories or Unrestricted, use. A. Storable. Market price, as determined Possessions and have a person, principal, A. Storable—Port positions (basis Grade 1 in-store). Market price but not less than by CCC, but not less than the Agricultural ?^®“ 4eht agent upon whom service of $2.63 per bushel at Great Lakes terminals; Act of 1949 formula price which is 115 per­ judicial process may be had. $2.69 gulf; and $2.70 east coast. cent2 of the applicable 1969 price-support Prospective buyers for export Should Interior positions (basis Grade 1 in-store). rate for the class, grade, and quality of the note that generally, sales to U.S. Gov- Market price but not less than the 1969 base grain plus the markup shown in B below agencies, with only minor loan rate where stored plus 32 cents per constitute domestic un- bushel. applicable to the type of carrier involved. stricted use of the commodity. Market discounts will be applied in deter­ B. Markups and examples (dollars per Credit Corporation re- mining the minimum price of lower grades. bushel in-store1 No. 2 or better). tn righ^'> before making any sales, B. Nonstorable. At not less than the mar­ ket price as' determined by CCC. Markup PvSi! or limit exP°rt areas. Available. Kansas City, Chicago, and Min­ in-store certain countries are regu- neapolis ASCS Grain Offices. received by— Examples mprpCb^nihe U s - Department of Com­ oro ' These restrictions also apply to CORN, BU LK Truck Rail or purchased from the Unrestricted use. barge so’d Credit Corporation whether A. Storable—Redemption of domestic pay- Coimt^r unrestricted or restricted use. ment-in-kind certificates. Market price as $0.11% $0.09 Agriculture Act of 1949; statutory determined by CCC, but not less than 115 minimums. caliv andi commodities are specific percent of the applicable 1969 price-support Rolette County, N. Dak. ($0.86); 116 the U.S. Department of loan rate2 for the class, grade, and quality percent +$0.11%; $1.10%. Minneapolis, Minn. ($1.22): 115 per­ Additirm^ Control Regulations, of the corn plus the markup shown in C of cent +$0.09; $1.50. the Rnrrf1 mformation is available from this unrestricted use section. orfmm+u11 °h International Commerce B. Nonstorable. At not less than market C. Nonstorable. At not less than market Commerce6 0fflces of the Department of price as determined by CCC. C. Markups and examples (dollars per price as determined by CCC. bushel in-store1 basis No. 2 yellow com 14 Available. Chicago, Kansas City, Portland, ^ footnotes at end of document. percent M.T. 2 percent FM .). and Minneapolis ASCS grain offices.

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19148 NOTICES for sale periodically on the basis of samples Submit offers to the Minneapolis ASCS RICE, ROUGH representing the cotton according to sched­ Commodity Office. Unrestricted use. ules Issued from time to time by CCC. NONFAT DRY MILK Market price but not less than 1969 loan Availability information. rate plus 5 percent, plus 26 cents per hun­ Sale of cotton will be made by the New Unrestricted use. dredweight, basis f.o.b. warehouse. Orleans ASCS Commodity Office. Sales an­ Announced prices, under MP-14: Spray Available. Prices, quantities, and varieties nouncements, related forms and catalogs for process, U.S. Extra Grade, 25.40 cents per of rough rice available from Kansas City upland cotton and extra long staple cotton pound packed in 100-pound bags and 25.65 ASCS Commodity Office. showing quantities, qualities, and location cents per pound packed in 50-pound bags. Export. FLAXSEED, BULK may be obtained for a nominal fee from that office. Announced prices, under MP-23, pursuant Unrestricted use. to Invitations issued by Minneapolis ASCS A. Storable. Market price, as determined by COTTONSEED OIL, REFINED (BULK) Commodity Office. Invitations will indicate CCC, but not less than 105 percent of the Export. the type of export sales authorized, the an­ applicable 1969 price-support rate 2 for the Competitive offers under the terms and nounced price, and the period of time such grade and quality of the flaxseed plus the ap­ conditions of Announcement NO-CS-9. price will be in effect. plicable markup. Sales will be made only for export to re­ BUTTER B. Markups and example (dollars per stricted destinations. Oil sold under NO-CS- bushel in-store No. t, 9.1-9.5 percent mois­ 9 may be exported only against dollar sales Unrestricted use. ture) . Announced prices, under MP-14 : 75.25 - or under the CCC export credit sales program cents per pound—New York, Pennsylvania, (GSM-4). New Jersey, New England, and other States Markup per Available. New Orleans ASCS Commodity bushel re­ Office. bordering the Atlantic Ocean and Gulf of ceived by— Example of minimum prices— Mexico. 74.5 cents per pound—Washington, terminal and price PEANUTS, SHELLED OR FARMERS STOCK Oregon, and California. All other States 74.25 cents per pound. Truck Rail or Restricted use sales. barge When stocks are available in their area of FOOTNOTES responsibility, the quantity, type, and grade 1 The formula price delivery basis for bin- $0.09 M Minneapolis, Minn. ($3.01); 105 per­ offered are announced in weekly lot lists *0.13H or invitations to bid Issued by the following: site sales will be f.o.b. cent + $0.09M; $3.25)4. a Round product up to the nearest cent. GFA Peanut Association, Camilla, Ga. 31730. C. Nonstorable. At not less than domestic Peanut Growers Cooperative Marketing As­ USDA Agricultural Stabilization and Con­ market price as determined by CCC. sociation, Franklin, Va. 23851. servation Service Offices Available. Through the Minneapolis ASC3 Southwestern Peanut Growers’ Association, GRAIN OFFICES Gorman, Tex. 76454. Branch Office. Kansas City ASCS Commodity Office, 8930 COTTON, UPLAND Terms and conditions of sale are set forth Ward Parkway (Post Office Box 205), in Announcement PR-1 of July 1, 1966, as Kansas City, Mo. 64141. Telephone: Unrestricted use. amended, and the applicable lot list. Area Code 816, Emerson 1-0860. Competitive offers under the terms and 1. Shelled peanuts of less than U.S. No. 1 Alabama, Alaska, Arizona, Arkansas, Colo­ conditions of Announcement NO-C-31 (Re­ grade may be purchased for foreign or do­ rado, Florida, Georgia, Hawaii, Kansas, vised) (Disposition of Upland Cotton—In mestic crushing. Louisiana, Mississippi, Missouri, Ne­ Liquidation of Rights in a Certificate Pool, 2. Farmers stock: Segregation 1 may be braska, Nevada, New Mexico, North Caro­ Against the “Shortfall,” and Under Barter purchased and milled to produce U.S. No. 1 lina, Oklahoma, South Carolina, Ten­ Transactions). Cotton may be acquired at or better grade shelled peanuts which may nessee, Texas, and Wyoming (domestic the highest price offered, but not less than be exported. The balance of the kernels in­ and export). California (domestic only), the higher of (1) the market price as deter­ cluding any graded peanuts not exported Connecticut, Delaware, Illinois, Indiana, mined by CCC, or (2) a minimum price deter­ must be crushed domestically. Segregation Iowa, Kentucky, Maine, Maryland, Mas­ mined by CCC which will be based on 110 2 and 3 peanuts may be purchased for do­ sachusetts, Michigan, New Hampshire, percent of the price-support loan rate for mestic crushing only. New Jersey, New York, Ohio, Pennsyl­ TUTirMUng l-inch cotton at average location Sales are made on the basis of competitive vania, Rhode Island, Virginia, Vermont, at the time of delivery, plus reasonable - bids each Wednesday by the Oilseeds and and West Virginia (export only). _ carrying charges for the month in which the Special Crops Division, Agricultural Stabili­ Branch Office—Chicago ASCS Branch Office, sale is made. Carrying charges are 30 points zation and Conservation Service, Washing­ 226 West Jackson Boulevard, Chicago, per pound. In no event will the price ton, D.C. 20250, to which all bids must be 111. 60606. Telephone: Area Code 312, for any cotton be less than 120 points (1.2 sent. 353-6581. cents) per pound above the loan rate for TU N G OIL Connecticut, Delaware, Illinois, Indiana, such cotton at the time of delivery. Iowa, Kentucky, Maine, Maryland, Mas­ Export. Unrestricted use. sachusetts, Michigan, New Hampshire, CCC disposals for barter. Competitive offers Sales are made periodically on a competi­ New Jersey, New York, Ohio, Pennsy- under the terms and conditions of Announce- tive bid basis. Bids are submitted to the vania, Rhode Island, Virginia, Vermont, ments^CN-EX-28 (Acquisition of Upland Cot­ Oilseeds and Special Crops Division, Agricul­ and West Virginia (domestic only) ■ ton for Export Under the Barter Program) tural Stabilization and Conservation Service, Branch Office—Minneapolis ASCS Branca and NO-C-31, as amended, at the prices de­ Washington, D.C. 20250. Office, 310 Grain Exchange Building^ scribed in the preceding paragraph. The quantity offered and the date bids are Minneapolis, Minn. 55415. Telephone. to be received are announced to the trade COTTON, EXTRA LONG STAPLE Area Code 612, 725-2051. in notices of Invitations to Bid, issued by the Minnesota, Montana, North D a k o t a , So Unrestricted use. National Tung Oil Marketing Cooperative, Dakota, and Wisconsin (domestic an Competitive offers under the terms and Inc., Poplarville, Miss. 39470. export). ' conditions of Announcement NO-C-6 (Re­ Terms and conditions of sale are as set Branch Office—Portland ASCS Branch Oce, vision 2). Extra long staple cotton may be forth in Announcement NTOM-PR-4 of 1218 Southwest Washington s ’ acquired at the highest price offered, but not April 6, 1967, as amended, and the applica­ Portland, Oreg. 97205. Telephone: Area less than the higher of (1) the market price ble Invitation to Bid. as determined by CCC, or (2) 115 percent Bids will include, and be evaluated on the Code 503, 226-3361. of the current loan rate for such cotton plus basis of, price offered per pound f.o.b. storage Idaho, Oregon, Utah, and Washingto reasonable carrying charges for the month location. For certain destinations, OCC will (domestic and export sales). Calif or in which the sale is made. Carrying charges as provided in the Announcement, as (export sales only). are 30 points per pound. amended, refund to the buyer a “freight PROCESSED COMMODITIES OFFICE (ALL STATES) equalization” allowance. COTTON, UPLAND OR EXTRA LONG STAPLE Copies of the Announcement or the Invi­ Minneapolis ASCS Commodity O ^ e .^ 0 Unrestricted use. tation may be obtained from the Cooperative France Avenue South, ^ 1^ne_aPOl72’5_3200. Competitive offers under the terms and or Oilseed and Special Crops Division, ASCS, 55435. Telephone: Area Code 612, 720- conditions of Announcement NO-C-20 (Sale Telephone Washington, D.C., area code 202, c o t t o n OFFICE (ALL STATES) of Special Condition Cotton). Any such cot­ DU 8-7120. ton (Below Grade, Sample Loose, Damaged Dairy Products New Orleans ASCS Commodity offlc®! Pickings, etc.) owned by CCC will be offered Building, 120 Marais Street, NeW so4’ Sales are in carlots only in-store at stor­ age location of products. La. 70112. Telephone: Area Code 1 See footnote at end of document. Submission of offers. 527-7766.

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19149 g e n e r a l s a l e s m a n a g e r o f f i c e s from the Foreign Agricultural Service to include the extent to which applicants Representative of General Sales Manager, the new agency. for subsidy or for expansion of subsidy New York Area: Joseph Reldinger, Federal Effective December X, 1969: carried and may reasonably be expected Building, Boom 1759, 26 Federal Plaza, 1. There is established the Foreign to carry such preference cargo. New York, N.Y. 10007. Telephone: Area Economic Development Service under the Code 212,264-8439, 8440, 8441. direction of Dr. Quentin M. West as Ad­ R ule 3 ASCS S t a t e O f f i c e s ministrator who will report to the Secre­ A. No operating-differential subsidy tary through the Director of Agricultural shall be paid to carriers holding contracts Illinois, Room 232, U.S. Post Office and Court­ under the Merchant Marine Act, 1936, house, Springfield, 111. 62701. Telephone: Economics. Area Code 217, 525-4180. 2. There is transferred to the Foreign except with respect to commercial carry­ Indiana, Room 110, 311 West Washington Economic Development Service all inter­ ings. If the subsidized vessel earns any Street, Indianapolis, Ind. 46204. Telephone: national agricultural development, tech­ gross revenue from other than commer­ Area Code 317, 633-8521. nical assistance and training functions cial carryings the subsidy payment for Iowa, Room 937, Federal Building, 210 Wal­ administered by the Foreign Agricultural the entire voyage shall be reduced by an nut Street, Des Moines, Iowa 50309. Tele­ Service. amount that bears the same ratio to the phone: Area Code 515, 284-4213. 3. Support activities such as account­ subsidy otherwise payable as such gross Kansas, 2601 Anderson Avenue, Manhattan, ing, budget, personnel and other adminis­ revenue bears to the gross revenue de­ Kans. 66502. Telephone: Area Code 913, rived from the entire voyage. For the JE 9-3531. trative services as are required by the new Michigan, 1405 South Harrison Road, East agency will be provided by the Office of purposes of this computation, gross reve­ Lansing, Mich. 48823. Telephone: Area Management Services. nue shall be calculated net of cargo Code 517, 372-1910. 4. All previously effective rules, regula­ loading and discharging cost. As used Missouri, I.O.O.F. Building, 10th and Wal­ tions, licenses, approvals, orders, forms, herein, “commercial carryings” means nut Streets, Columbia, Mo. 65201. Tele­ certificates, and other official documents carryings of private commercial cargo or phone: Area Code 314, 442-3111. relating to functions transferred shall passengers in foreign commerce in re­ Minnesota, Room 230, Federal Building and continue to be effective until further no­ spect of which the contractor meets sub­ U.S. Courthouse, 316 Robert Street, St. stantial foreign-flag competition. The Paul, Minn. 55101. Telephone: Area Code tice, except that any delegations or 612, 725-7651. authorizations inconsistent with the as­ determinations of the Secretary here­ Montana, Post Office Box 670, U.S.P.O. and signments made herein shall be con­ under shall be final. Federal Office Building, Bozeman, Mont. strued to conform to the assignments B. If a vessel for which a construc­ 59715. Telephone: Area Code 406, 587-4511, made herein. tion-differential subsidy has been paid is Ext. 3271. subject to an operating-differential sub­ Nebraska, Post Office Box 793, 5801 O Street, Done at Washington, D.C., this 26th sidy contract, and such vessel carries Lincoln, Nebr. 68501. Telephone: Area Code day of November 1969. cargoes other than commercial cargoes 402,475-3361. on liner terms, the owner shall pay an­ North Dakota, Post Office Box 2017, 657 Sec­ Clifford M. Hardin, ond Avenue N„ Fargo, N. Dak. 58103. Tele­ Secretary of Agriculture. nually to the Secretary that proportion phone: Area Code 701, 237-5205. [F.R. Doc. 69-14302; Filed, Dec. 2, 1969; of one twenty-fifth of such construction Ohio, Room 116, Old Federal Building, Co­ 8:46 a.m.] subsidy plus interest thereon at 6 per­ lumbus, Ohio 43215. Telephone: Area Code cent per annum (computed on a level 614,469-6814. basis over 25 years) which the gross reve­ South Dakota, Post Office Box 843, 239 Wis­ nue derived from such cargoes bears to consin Street SW., Huron, S. Dak. 57350. DEPARTMENT OF COMMERCE the gross revenue derived from the entire Telephone: Area Code 605, 352-8651, Ext. voyages of such vessel during such year, 321 or 310. Maritime Administration Wisconsin, Post Office Box 4248, 4601 Ham- or if such vessel shall carry such cargoes mersley Road, Madison, Wis. 53711. Tele­ [Docket No. S-244] on charter terms, the owner shall pay to phone: Area Code 608, 254-4441, Ext. 7535. the Secretary an amount which bears CARRIAGE OF COMMERCIAL the same proportion to the construction (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. Interpret or apply sec. 407, 63 Stat. CARGOES AND PREFERENCE subsidy plus interest thereon at 6 per­ 7« el Sec‘ Stat. 1051, as amended by CARGOES cent per annum (computed on a level 76 Stat. 612; secs. 303, 306, 307, 76 Stat. 614- basis over 25 years) as the duration of 617; 7 U.S.C. 1441 (note)) Notice of Fact-Finding Hearing such charter bears to such period of 25 By petition to the Secretary of Com­ years. Gross revenue shall be calculated Signed at Washington, D.C., on net of cargo loading and discharging November 26, 1969. merce dated July 1, 1969, the American Maritime Association (AMA) applied, cost. Carroll G. Brunthaver, pursuant to § 201.61 of the rules of prac­ Petitioner avers that the above pro­ Acting Executive Vice President, tice and procedure, U.S. Department of posed rules must be adopted to insure Commodity Credit Corporation. Commerce, Maritime Subsidy Board/ that only a service that encounters sub­ Maritime Administration, for the issu­ stantial foreign competition will be eli­ IF.R. Doc. 69-14301; Filed, Dec. 2, 1969; gible for subsidy, a result claimed to 8:46 a.m.] ance of the following three rules govern­ ing award of operating subsidy contracts : comport with the purposes and policies of the Merchant Marine Act, 1936 and Office of the Secretary R ule 1 particularly sections 601(a)(1), 601(a) The Secretary of Commerce interprets (4), 602, 603, 604, 605(a), and 605(c) foreign ECONOMIC DEVELOPMEN the statute as forbidding, and he will in thereof. SERVICE no case award, operating-differential On July 25, 1969, a reply to the afore­ subsidy contracts in the absence of sub­ said petition was filed by the Liner Coun­ Implementation of Reorganization stantial foreign competition for the cargo cil, American Institute of Merchant thp1n^emen^a^ on reorganization o the applicant carries or will carry. Serv­ Shipping (AIMS) which cites numerous ecnn ^I'Hient with respect to foreigi ices devoted primarily to preference cargo factual, legal, and policy reasons al­ omic development activities. are specifically included within this rule legedly justifying the denial of the Plan accoridance with Reorganizatioi and will not qualify for subsidy. petition. AMA’s August 11, 1969, answer to S o u n 2 of 1953> Department o R ule 2 AIMS’s reply controverts a series of Peiippat gave advance notice in th Hearings under section 605(c) Mer­ <34 F * i^oGISTER of November 14, 196 chant Marine Act, 1936, will receive proof statements and arguments made in the estahifiu18319^ * concerning the proposei of the scope and impact of all classes of latter document. n i sliment °i the Foreign Economi cargo, including military cargo, in the Additionally, Matson Navigation Co., fJ ^ e n t Service, and transfer o carriage of which American vessels are by filed comments to AMA’s petition and lons and delegations of authorit: law entitled to preference. Such proof will AIMS’s reply thereto, which endorses

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19150 NOTICES AM A’s request that a rule making pro­ It is further ordered, That notice of of Organization, Functions, and Dele­ ceeding be instituted to resolve the is­ this order shall be published in the Fed­ gations of Authority for the Department sues therein raised. eral Register. of Health, Education, and Welfare (33 The Secretary of Commerce has re­ Dated: December 1,1969. F.R. 15953, Oct. 30, 1968), is hereby ferred AMA’s petition to the Maritime amended with regard to section 5-C, Subsidy Board. So ordered by the Maritime Subsidy Delegations of Authority, as follows: In view of the nature of the issues Board/Maritime Administrator. After the subparagraph numbered (6) raised and the desire of this Board to James S. Dawson, Jr., of the paragraph entitled Specific dele­ examine the matter and to resolve those Secretary. gations, add a new subparagraph issues on the basis of factual informa­ reading: tion, hereinafter identified, to be pre­ [F.R. Doc. 60-14377; Filed, Dec. 2, 1969; (7) The functions vested in the Secre­ sented to the Board, and notwithstand­ 8:50 a.m.] tary under section 353 of the Public ing that section 4 of the Administrative Health Service Act, 42 U.S.C. 263a, relat­ Procedures Act, 5 U.S.C.A. 553, exempts ing to clinical laboratories, except the ap­ subsidy programs from rule making, the proval and disapproval of national bodies Board, in the exercise of its discretion, DEPARTMENT OF HEALTH, for accreditation purposes pursuant to will develop a fact record in a public paragraph (2) of subsection (d). hearing in order that it will be in a posi­ EDUCATION, AND WELFARE Dated: November 24, 1969. tion to make a considered administra­ Food and Drug Administration tive review of the issues presented in the Robert H. Finch, AMA petition. [Docket No. FDC-D-133; NADA No. 12-957] Secretary. Therefore, it is ordered, that the Chief PITMAN-MOORE [F.R. Doc. 69-14329; Filed, Dec. 2, 1969; Hearing Examiner (or his designee) act 8:48 a.m.] as representative of the Board and con­ Toldex Tablets; Notice of Withdrawal duct a fact-finding hearing bearing on of Approval of New Animal Drug title VI of the Act and section 204 thereof Application on the following items: DEPARTMENT OF HOUSING 1. The method or methods utilized by A notice of opportunity for a hearing the Government and shippers for selec­ on the proposed withdrawal of approval AND URDAN DEVELOPMENT tion of the carriers of Government-spon­ of new animal drug application No. 12- sored or Government-impelled cargoes, 957 pertaining to Toldex Tablets was ACTING ASSISTANT REGIONAL AD­ which includes military cargoes (here­ published in the Federal Register of MINISTRATOR FOR PROGRAM after “preference cargoes”). June 25, 1969 (34 F.R. 9820). The notice COORDINATION AND SERVICES, 2. Circumstances under which foreign offered the holder of said application, REGION VI (SAN FRANCISCO) flag lines may (and the extent to which Pitman-Moore, Division of the Dow they do) carry preference cargoes. Chemical Co., Zionsville, Ind. 46077, an Designation 3. The manner, if any, in which a sub­ opportunity for a hearing on the matter. sidized operator’s ability to penetrate The firm subsequently transferred all Harvey N. Kroll, Deputy Assistant Re­ into and carry the pool of commercial rights pertaining to said application to gional Administrator for Program Co­ cargo is adversely affected by the carri­ Pitman-Moore, Inc., Camp Hill Road, ordination and Services, Region VI (San age of preference cargoes. Fort Washington, Pa. 19034. The latter Francisco), is hereby designated to serve 4. The extent of available useful free firm elected not to avail themselves of an as Acting Assistant Regional Adminis­ space aboard vessels which are carrying opportunity for a hearing and requested trator for Program Coordination and Services, Region VI (San Francisco), preference cargoes. that approval of said application be with­ 5. The ratio of movement of commer­ drawn. during the present vacancy in the posi­ tion of Assistant Regional Administra­ cial cargoes to preference cargoes by both Based on the foregoing request and on subsidized and nonsubsidized operators tor for Program Coordination and Serv­ the findings set forth in the notice of ices, Region VI, with all the powers, func­ on a voyage basis. opportunity for a hearing, the Commis­ tions, and duties redelegated or assigned 6. Identification of all commercial sioner of Food and Drugs concludes that to the Assistant Regional Administra­ cargoes regarding which there is an ab­ approval of new animal drug application tor for Program Coordination and Serv­ sence of substantial foreign-flag No. 12-957 should be withdrawn. ices, Region VI. competition. Therefore, pursuant to the provisions 7. The financial impact on both subsi­ of the Federal Food, Drug, and Cosmetic (Secretary’s delegation effective May 4, 1969) dized and nonsubsidized American-flag Act (sec. 512(e), 82 Stat. 345-47; 21 Effective date. This designation is ef­ operators resulting from the carriage of U.S.C. 360b(e)) and under authority del­ fective as of August 4, 1969. preference cargoes. egated to the Commissioner (21 CFR Lester P. Condon, 8. Identification of companies operat­ 2.120), approval of new animal drug ap­ Assistant Secretary ing U.S.-flag and foreign-flag vessels on plication No. 12-957, including all for Administration. the same route and the extent to which amendments and supplements pertain­ they participate in the movement (and ing thereto, is hereby withdrawn effec­ [F.R. Doc. 69-14316; Filed, Dec. 2, 1969, the ships on which moved) of commer­ tive on the date of signature of this 8:47 a.m.] cial cargoes and preference cargoes. document. 9. Any other facts germane to the is­ Dated: November 24, 1969. ACTING REGIONAL ADMINISTRATOR sues presented by the AMA petition. ET AL., REGION V (FORT WORTH) J. K. Kirk, It is further ordered, That upon the Associate Commissioner Designations submission to the Board of the Examin­ for Compliance. er’s findings of fact, copies of which shall A. The officers appointed to the be served on all interested parties, parties [F.R. Doc. 69-14308; Filed, Dec. 2, 1969; ng listed positions in Region V i to the proceeding shall have 30 days in 8:47 a.m.] Vorth) are hereby designated to ser which to submit their views, comments, acting Regional Administrator, R , or arguments with respect thereto to the Office of the Secretary r. during the absence of the Region»1 Board. Thereafter, the Board will review administrator, with all the P°wers’ iffTied HEALTH SERVICES AND MENTAL ions, and duties redelegated ® the findings of fact and the comments HEALTH ADMINISTRATION o the Regional Administrator. ? aS and arguments and will determine what, That no officer is authorized to» s „ if any, proposed rules should be issued. Statement of Organization, Functions, Lcting Regional Administrator uni All interested parties will be given an and Delegations of Authority ►ther officers whose titles Precede opportunity to comment on any of the Part 5 (Health Services and Mental his designation are unable to act ay proposed rules prior to their adoption. Health Administration) of the Statement on of absence:

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19151 1. Deputy Regional Administrator. c. Director, Community Services Division, cisco) are hereby designated to serve as 2. Regional Counsel. Program Coordination and Services Office. 3. Assistant Regional Administrator for d. Director, Relocation Division, Program Acting Assistant Regional Administra­ Program Coordination and Services. Coordination and Services Office. tor for Administration, Region VI (San 8. Acting Assistant Regional Administra­ Francisco), during the present vacancy B. The officers appointed to the follow­ tor for Renewal Assistance: in the position of Assistant Regional Ad­ ing listed positions in Region V (Port a. Deputy Assistant Regional Administra­ ministrator for Administration, Region Worth) are hereby designated to serve tor for Renewal Assistance. VI, with all the powers, functions, and as the specified Acting Assistant Regional b. Director, Field Services Division, Re­ duties redelegated or assigned to the Administrator during the absence of each newal Assistance Office. Assistant Regional Administrator for respective Assistant Regional Adminis­ c. Chief, Processing Control and Reports Branch. Administration: Provided, That no offi­ trator, with all of the powers, functions, cer is authorized to serve as Acting As­ and duties redelegated or assigned to These designations supersede the des­ sistant Regional Administrator for Ad­ each: Provided, That no officer is author­ ignations effective December 10,1968 (33 ministration unless all other officers ized to serve as Acting Assistant Regional F.R. 18305, Dec. 10, 1968), as amended whose titles precede his in this designa­ Administrator unless all other officers effective March 3, 1969 (34 F.R. 6708, tion are unable to act by reason of whose titles precede his in the following Apr. 19, 1969), and effective May 8, 1969 respective designations are unable to act (34 F.R. 12142, July 19,1969). absence: by reason of absence: (Delegation effective May 4, 1962, 27 F.R. 1. Director, Budget Division. 1. Acting Assistant Regional Administrator 4319, May 4, 1962; Dept. Interim Order II, 2. Director, Financial Review and Account­ for Administration: 31 F.R. 815, Jan. 21,1966) ing Division. a. Director, Personnel Operations Division, 3. Director, Personnel Operations Division. Office of Administration. Effective date. These designations 4. Director, Management and Organization b. Director, Management and Organization shall be effective as of October 30, 1969. Division. Division, Office of Administration. 5. Director, General Services Division. Leonard E. Church, 2. Acting Assistant Regional Administrator (Redelegation by Assistant Secretary for Ad­ for Equal Opportunity: Acting Regional Administrator, ministration to Regional Administrators ef­ a. Deputy Assistant Regional Administra­ Region V (Fort Worth). fective May 4,1969) tor for Equal Opportunity. [F.R. Doc. 69-14317; Filed, Dec. 2, 1969; b. Director, Contract Compliance and Em­ 8:47 a.m.] Effective as of the 1st day of November ployment Opportunity Division, Equal Oppor­ 1969. tunity Office. Ward Elliott, c. Director, Assisted Program Division, Acting Regional Administrator, Equal Opportunity Office. ACTING REGIONAL ADMINISTRATOR, d. Director, Housing Opportunity Division, REGION VI (SAN FRANCISCO) Region VI. Equal Opportunity Office. [F.R. Doc. 69-14319; Filed, Dec. 2, 1969; e. Chief, Program Management and Con­ Designation 8:47 a.m.] trol Branch, Equal Opportunity Office. 3. Acting Assistant Regional Administrator The officers appointed to the follow­ for FHA: ing listed positions in Region VI (San ACTING DIRECTOR, NORTHWEST a. Deputy Assistant Regional Administra­ Francisco) are hereby designated to tor for FHA. serve as Acting Regional Administrator, AREA OFFICE, SEATTLE, WASH., b. Director, Low Income Housing and Ren1 Region VI (San Francisco), during the REGION VI Supplement Division, Office of the Assistanl absence of the Regional Administrator Regional Administrator for FHA. with all the powers, functions, and duties Designation c. Director, Regional Advisory and Tech­ nical Services, Office of the Assistant Regional redelegated or assigned to the Regional The officials named herein and ap­ Administrator for FHA. Administrator: Provided, That no officer pointed to the following listed positions 4. Acting Assistant Regional Administratoi is authorized to serve as Acting Regional, in the Northwest Area Office, Seattle, for Housing Assistance : a. Deputy Assistant Regional Administra­ Administrator unless all other officers Wash., Region VI, are hereby designated tor for Housing Assistance. whose titles precede his in this designa­ to serve as Acting Director, Northwest b. Director, Production Division, Housing tion are unable to act by reason of Area Office, Region VI, during the pres­ Assistance Office. absence: c. Director, Technical Service Division, ent vacancy in the position of Director, Housing Assistance Office. 1. Deputy Regional Administrator. Northwest Area Office, with all the . Director, Tenant and Operations Serv­ 2. Regional Counsel. powers, functions, and duties redelegated ices Division, Housing Assistance Office. 3. Assistant Regional Administrator for 5. Acting Assistant Regional Admirrtstra- Renewal Assistance. or assigned to the Director: Providedr TOr i°r Metropolitan Development: 4. Assistant Regional Administrator for That no official is authorized to serve as . DePuty Assistant Regional Administra­ Federal Housing Administration. Acting Director, Northwest Area Office, t o r Metropolitan pevelopment. b. Chief, Finance Branch, Metropolitan This designation supersedes the desig­ unless all other officials whose names Development Office. nation effective September 17, 1969 (34 and titles precede his in this designation Ml D^ t o r , Program Field Service Division, are unable to act by reason of absence: Metropohtan Development Office. F.R. 15818-15819, Oct. .14, 1969). J ; Ac% Assistant Regional Administra­ (Delegation effective May 4, 1962, 27 F.R. (!) M. Perry Hobbs, Deputy Director, tor for Model Cities: 4319; Interim Order II, 31 F.R. 815, Jan. 21, Northwest Area Office. 1966) (2) Nile B. Pauli, Director, Renewal As­ ofa;hPe**al Agency Liaison Specialist, Office sistance Division, Northwest Area Office. Model ChieStant Regional Administrator for Effective as of the 1st day of Novem­ (3) N. Baxter Jenkins, Area Counsel, Northwest Area Office. the ? * » Participation Adviser, Office of ber 1969. Model Cities^ Regional Administrator for R obert B. P itts, This designation supersedes the desig­ Regional Administrator, Region VI. nation effective March 1, 1969 (34 F.R. Advi Ü5n^ wer 311(1 Economic Development [F.R. Doc. 69-14318; Filed, Dec. 2, 1969; 7551, May 9, 1969). m im 'P®9e of the Assistant Regional Ad- 8:47 a.m.] d « ,tor ft>r Model Cities. (Redelegation by Assistant Secretary for Ad­ Assiswal Sfrvices Adviser, Office of the ministration to Regional Administrators effective Jan. 10, 1967) Cities11* Regional Administrator for Model ACTING ASSISTANT REGIONAL AD­ Effective as of the 1st day of Novem­ tor for*pif Assistant Regional Administri MINISTRATOR FOR ADMINISTRA­ ber 1969. a ni "+0gram Coordination and Service; TION, REGION VI (SAN FRANCISCO) sis Diviftw!0» Economic and Market Anal; Ward E lliott, ices Office n’ Program Coordination and Ser1 Designation Acting Regional Administrator, Region VI. Pjanning ^vision, Program The officers appointed to the following «unation and Services Office. [F.R. Doc. 69-14320; Filed, Dec. 2, 1969; listed positions in Region VI (San Fran­ 8 :47 am ..]

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3. 1969 19152 NOTICES the past. Submissions to, and contacts for person-to-person signature service in DEPARTMENT OF with, such field elements remain the connection with its freight operations. same. 'Communications to the regional The foregoing service would provide that headquarters should be addressed as each employee or agent of the carrier will TRANSPORTATION follows; execute a signed receipt upon accepting Federal Aviation Administration Director, FAA Pacific Region,, Post Office Box custody of a shipment and obtain a 4009, Honolulu, Hawaii 96812. Signed receipt upon relinquishing cus­ GENERAL AVIATION DISTRICT OFFICE tody of the shipment to another em­ AT CASPER, WYO. This information will be reflected in ployee, agent or consignee. However, no the FAA Organization Statement the receipt will be secured from the flight Notice of Opening next time it is reissued. crew or attendants of carrier’s aircraft Notice is hereby given that on or about (Sec. 318(a), 72 Stat. 752; 49 U.S.C. 1354) on which shipments are being trans­ December 1, 1969, the Federal Aviation ported. The charge for this service would Administration will open a General Avi­ Issued in Honolulu, Hawaii, on No­ be $10. ation District Office at Casper, Wyo. vember 21,1969. Upon consideration of all relevant Service to the general aviation public of Phillip M. Swatek, matters, the Board finds that the forego­ Wyoming, currently provided by the Director, Pacific Region. ing charge may be unjust, unreasonable, or unjustly discriminatory, or unduly Cheyenne GADO, will be transferred to [F.R. Doc. 69-14314; FUed, Dec. 2, 1969; and continued at the Casper General 8:47 a.m.J preferential, or unduly prejudicial, or Aviation District Office. This informa­ otherwise unlawful, and should be tion will be reflected in the FAA Orga­ investigated. Other direct carriers fur­ nization Statement the next time it is nishing person-to-person signature reissued. service, including all domestic pas- CIVIL AERONAUTICS DOARD senger/cargo and local service carriers, (Sec. 313(a), 72 Stat. 752; 49 U.S.C. 1354) [Dockets Nos. 20993, 20291; Order 69-11-123] all-cargo carriers, both domestic and in- Issued in Los Angeles, Calif., on No­ INTERNATIONAL AIR TRANSPORT temational/territorial, and most Alaskan vember 20,1969. carriers, charge $1 for the service. Pied­ Lee E. Warren, ASSOCIATION mont does not adequately support its Acting Director, Western Region. Order Regarding Fare and Rate proposed $10 charge. [F.R. Doc. 69—14312; Filed, Dec. 2, 1969; Matters The carrier asserts, inter alia, that 8:47 am.] additional procedures, forms, and han­ Issued under delegated authority No­ dling techniques above those required for vember 26,1969. regular shipments would be an integral GENERAL AVIATION DISTRICT OFFICE By Order 69-11-27, dated November 7, part of the service; that separate pro­ AT CHEYENNE, WYO. 1969, action was deferred, with a view cedures will be listed in operating toward eventual approval, on certain res­ manuals; that special forms and labels Notice of Closing olutions adopted by the Traffic Confer­ would be required in addition to all other Notice is hereby given that on or about ences of the International Air Transport applicable documents; that receipt, han­ January 9, 1970, the General Aviation Association GATA). The agreement dling, loading, unloading, and delivery District Office at Cheyenne, Wyo., will raises from 5 to 10 the unit used in the into the custody of the consignee would be closed. Service to the general aviation rounding-off of passenger fares and be accomplished by supervisory person­ public of Wyoming,, formerly provided by cargo rates in Spain to reflect the nel; that shipments must be loaded in this office, will be provided by the Gen­ removal of 5-cent coins from legal use inaccessible aircraft cargo compart­ eral Aviation District Office in Casper, in that country. ments; that special teletype messages Wyo. This information will be reflected In deferring action on the agreement, must be sent from the originating station in the FAA Organization Statement the 7 days were granted in which interested to intermediate and terminating sta­ persons might file petitions in support of tions; and that special security areas next time it is reissued. or in opposition to the proposed action. must be made available for holding or (Sec. 313(a), 72 Stat. 752; 49 TJ.S.C. 1354) No petitions have been received within storage. Piedmont concludes that the Issued in Los Angeles, Calif., on No­ the filing period and the tentative con­ foregoing additional costs justify the vember 20,1969. clusions in Order 69-11-27 will herein be establishment of a charge higher than Lee E. Warren, made final. that currently in effect for other carriers Acting Director, Western Region. Accordingly, It is ordered, That: offering this service. Agreement CAB 21382, R-l and R-2, The carrier, however, nowhere presents [F.R. Doc. 69-14313; Filed, Dec. 2, 1969; any dollars-and-cents figures indicating 8:47 a.m.] be, and hereby is, approved. This order will be published in the the extent to which the foregoing addi­ Federal Register. tional services for signature service result AREA OFFICE AT HONOLULU, in additional costs. A description of the [seal] Mabel McCart, services rendered in connection with HAWAII Acting Secretary. signature service indicates that an addi­ Notice of Closing [F.R. Doc. 69-14346; Filed, Dec. 2, 1969; tional charge for such service is justified, 8:49 a.m.] but this description does not iindic** Notice is hereby given that on Novem­ what this additional charge should be. in ber 30, 1969, the Federal Aviation Ad­ [Docket No. 21656; Order 69-11-137] view of the foregoing, the Board ministration Area Office in Honolulu, prepared to permit the proposed $ Hawaii, will be closed. Operations and PIEDMONT AVIATION, INC. charge to become effective without in­ services provided the public by this area vestigation, and the proposal will office will be absorbed by the parent FAA Order of Investigation and Suspen­ suspended. , i regional headquarters office currently lo­ sion Regarding Signature Freight Accordingly, pursuant to the i e

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19153 sions, are or will be, unjust or unrea­ The Air West-United proposal includes ently of any proposal to permit United sonable, unjustly discriminatory, unduly an agreement for the transfer of the lat­ to suspend service at Elko and Ely, either preferential, unduly prejudicial, or other­ ter’s route authority at Elko and Ely, with or without considering the authori­ wise unlawful, and if found to be unlaw­ Nev., contingent upon approval of some zation of a substituted service by Air ful to determine and prescribe the lawful other changes in the Air West system. It West. As to the suggestion that the Board charge and provisions, and rules, regula­ also includes a wet lease agreement under institute an investigation for the sus­ tions, and practices affecting such charge which Air West would operate for United pension by United, such a step would be and provisions; a daily round trip over the latter’s route inappropriate by the Board on the basis 2. Pending hearing and decision by the between Salt Lake City and San Fran­ of the data available in the filings herein. Board, the charge and provisions de­ cisco via the intermediate points Ely, More appropriately United might con­ scribed in Appendix A attached hereto1 Elko, Reno, and Oakland. Order 69-6-164 sider a reexamination of the various fac­ are suspended and their use deferred to denied a motion for expeditious consid­ tors and if it deems such a step advisable and including March 12, 1970, unless eration of the route transfer agreement to undertake it on its own initiative. otherwise ordered by the Board, and that and the contingent route revisions and In support of its motion to add Las no changes be made therein during the also denied approval of the wet lease Vegas, Alaska contends that this city period of suspension except by order or agreement and an accompanying ex­ is in a status similar to that of Reno special permission of the Board; emption request. On October 20, 1969, with respect to Portland and Seattle. 3. The proceeding herein be assigned United filed a “Notification of Partiai While the Las Vegas traffic with Port­ for hearing before an examiner of the Withdrawal” insofar as its petition seeks land and Seattle is somewhat less than Board at a time and place hereafter to reconsideration of the disapproval of the that produced by Reno, recent figures be designated; and wet lease agreement. While normally show that the former is growing at a 4. Copies of this order shall be filed such action would render moot that part greater rate so that the overall volumes with the tariffs and served upon Pied­ of the reconsideration petition, we will may be reasonably comparable in the mont Aviation, Inc., which is hereby consider it as still before us in view of near future.® Added to this approaching made a party to this proceeding. a controversy that apparently now exists comparability in the markets is the fact This order will be published in the between United and Air West concerning that United has unrestricted nonstop au­ Federal Register. the agreement.1 thority between Reno and Portland/ In seeking reconsideration, United con­ Seattle while no carrier is authorized to By the Civil Aeronautics Board. tends that service by it at Elko and Ely, operate nonstop in the Las Vegas-Port- [seal] Mabel M cCart, Nev., is, in fact, an economic burden and land/Seattle market. Under the circum­ Acting Secretary. that the request for expeditious treat­ stances it would appear to be appropriate [Fit. Doc. 69-14347; Filed, Dec. 2, 1969; ment did not allege factual details be­ to consider in this case the possibility 8:49 a.m.] cause its purpose was to establish them at of authorizing at least one nonstop car­ the expedited hearing by an appropriate rier in the latter market. evidentiary showing. It now estimates the Alaska Airlines would accomplish the [Docket No. 21136; Order 69-11-133] loss from serving Elko and Ely with DC- 6 Las Vegas expansion by consolidating its aircraft at $300,000 per year and with application in Docket 21202, in which it Reno-p o r t l a n d / s e a t t l e n o n s t o p jet aircraft at an additional $100,000 to seeks a route segment between the co­ SERVICE INVESTIGATION $125,000 as depreciation expense, and it terminal points Seattle/Tacoma and Order Granting and Denying Recon­ claims additional costs with a jet service Portland and the coterminal points Reno sideration and Granting Interven­ will be incurred because of extreme air­ and Las Vegas. While it does not urge tion port limitations. It also contends that a the Las Vegas expansion Western asks, feasible operation could be conducted by in the event the Board agrees with Alaska Adopted by the Civil Aeronautics Board Air West and that it should have an op­ Airlines, that a Western application in oLu °ffice in Washington, D.C., on the portunity to examine the analysis re­ Docket 17926 be consolidated. This ap­ *6th day of November 1969. ferred to in Order 69-6-164 upon which plication seeks a new linear route seg­ we base the statement that Air West’s 1R4 ^in ^'“ne fixe<* in Order 69-6- ment between the terminal point Las o4 a number of petitions for reconsider- proposed east-west service to Ely and Vegas, the intermediate point Reno and revisi°n. and answers thereto, Elko would produce an operating loss and the coterminal points Portland and were filed as a result of which there is a subsidy need. Seattle.-If granted in the form in which now presented for disposition: (1 ) A pe- Even assuming an economic burden in the authority is requested either carrier ™ , by United Air Lines, Inc., for re- the amounts now alleged by United, we could carry traffic between Las Vegas and tho i5 eration insofar as said order denied are not convinced that we should order Reno in competition with Air West. thp for expeditious treatment of expedited consideration of the joint pro­ While this issue could be eliminated with thprti ^est-United proposal referred to posal or any of the piecemeal alternatives a pretrial condition that a Las Vegas, uerem; (2 ) a motion by Alaska Airlines, now suggested such as an east-west serv­ Portland, Seattle/Tacoma service should tinn + ex?en<* ^e scope of the investiga- ice by Air West, but without other route be authorized as a separate segment, it Spahi!° in?lude Las Vegas-Portland/ amendments, temporary approval of the appears to be more appropriate to reach AirTinf61^ 06’ (3) a petition of Western wet lease agreement or an expedited a decision on this point after the com­ tion to adept a pretrial restric- hearing thereon, or a Board instituted in­ pletion of the evidentiary record. Accord­ tween P^kitmg single-plane service be­ vestigation for the suspension of serv­ ingly, the issues will include whether the ice by United at Elko and Ely. It is our public convenience and necessity require a n ? l u S S .®8 and Portland/Seattle; of in nma. Petition on behalf of the city judgment that orderly procedure under the authorization of a Las Vegas- L ‘T f i h riU1s. Oreg., to include ai the existing circumstances requires con­ Portland, Seattle/Tacoma service either of thn j investigation consideration sideration of additional service between direct or via Reno. to and fr?L° 4 Klamath Palls for service Reno and Portland/Seattle independ- Expansion of the scope of the proceed­ intervene0? Petitions for leave to ing to include Las Vegas makes it un­ numbeinf1«— been flled on behalf of a necessary to consider Western’s request 1 On the same day that the “Notification” to insert a pretrial restriction against the of thp Clv? 811(1 governmental units was filed, United and Frontier Airlines filed Oregon Washington, the State of a joint application in Docket 21537 for ap­ Seattle £ the\ cities of Portland, proval of an agreement under which Frontier 2 1967 figures show the Reno traffic about tj * Peno, and Las Vegas. double that of Las Vegas. However, figures would provide a service for United similar for the first quarter of 1968 show a Las Vegas- Motions ^hsideration of the petitions, to that which was contemplated by the Air Seattle O&D total of 6,780, an increase of decideHanswers thereto, we have West agreement. Air West has filed an answer 75 percent over the same quarter of 1967 and Air w i ”! the reQnests of United In that docket objecting to approval of the compared to a Reno-Seattle total of 7,790 Airlines grant those of Alaska Frontier agreement and contending that it and a 47 percent increase. The comparable considers its agreement with United to be an Portland figures were Las Vegas 3,950 and a the mentionsp e T iS ?for 1^ leave ^ FaJlsto intervene. and t0 ^ a n t effective agreement, at least until the recon­ 56 percent increase and Reno 6,720 and a 19 sideration petitions have been acted upon. percent increase.

No. 231-----5 FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19154 NOTICES operation of through-plane service be­ of Oregon Parties and the cities of Port­ Pursuant to exemption authority tween Las Vegas and Portland and land, Seattle, Reno, and Las Vegas for granted by Order E-24071, Western pres­ Seattle/Tacoma via Reno. leave to intervene be and they are hereby ently provides one daily passenger round While the Klamath Palls application granted; and trip between San Francisco and the Twin in Docket 20497 seeking direct service to 7. That this order shall be published in Cities via Denver. In addition, Western Reno and Portland and its motion to the Federal Register. has recently inaugurated all-cargo serv­ ice between these points. Western alleges consolidate with the Air West-United By the Civil Aeronautics Board. proposal were pending when Order 69-6- that the present Twin Cities-San Fran­ 164 was adopted, the request for inclu­ [seal] Mabel McCart, cisco cargo market is in a developmental sion was neither granted nor denied.3 On Acting Secretary. stage and is insufficient alone to sup­ reconsideration we now recognize that [F.R. Doc. 69-14348; Piled, Dec. 2, 1969; port nonstop all-cargo service. There­ while Klamath Palls was seeking con­ 8:49 a.m.] . fore, support from the intermediate point solidation of its application with the pro­ Denver is necessary to continue the full posal advanced by Air West and United [Docket No. 21384; Order 69-11-136] development of its new service. it was interested only in the segment No answers have been filed. selected out of that package for separate WESTERN AIR LINES, INC. Upon consideration of the pleadings and all the relevant facts, we have de­ consideration in this investigation. In Order To Show Cause view of its location, almost directly on cided to grant Western’s request for an line between Reno and Portland and ap­ Adopted by the Civil Aeronautics order to show cause, and we tentatively proximately midway on this 445-mile Board at its office in Washington, D.C., find and conclude that the public con­ segment, it appears that it can be con­ on the 26th day of November 1969. venience and necessity require the modi­ sidered for service without adding any On September 4, 1969, Western Air fication of condition (4) of the certificate complexity to the investigation. Lines, Inc. (Western), filed an applica­ of Western Air Lines, Inc., for route 35 The objection of Air West and the Bu­ tion, Docket 21384, for an amendment in such a manner as to authorize single­ reau is based upon a conviction that the of its certificate of public convenience plane service between San Francisco/ Klamath Palls traffic contribution will and necessity for route 35 so as to modify San Jose or Oakland, Calif., and Min- be very light and that the service it condition (4 ) / insofar as it precludes neapolis/St. Paul, Minn., via the inter­ seeks would be more appropriately con­ single-plane service between San Fran- mediate point Denver, Colo. We further sidered as a local service matter because cisco/San Jose or Oakland and Min- find that Western has recently been of the subsidy implications and not as neapolis/St. Paul on a “less than non­ granted San Francisco-Twin Cities non­ part of a segment as to which a non­ stop basis”, through the issuance of an stop authority and in fact has provided subsidy condition will apply. This dif­ order to show cause why Western’s cer­ such nonstop service pursuant to ex­ ficulty can be met by including as an is­ tificate should not be amended as re­ emption authority granted August 12, sue whether a service at Klamath Palls quested, or in the alternative, that the should be authorized with or without Board issue an order pursuant to sec­ In support of our ultimate findings, we tentatively find and conclude as follows: subsidy. tion 416 of the Act permanently exempt­ All of the petitions for leave to inter­ ing Western from the operation of con­ That Western presently operates a vene referred to above recite facts which dition (4 ) insofar as it would prevent limited service pattern between San entitle the petitioners to be heard as single-plane service between San Fran- Francisco and Twin Cities via the inter­ cisco/San Jose or Oakland and Min- mediate point, Denver; that the con­ formal parties to the case. tinuation of Western’s San Francisco Accordingly, it is ordered: neapolis/St. Paul on a “less than nonstop 1. That the petition of United Air flights via Denver should provide ap­ Lines, Inc., for reconsideration be and it k In conjunction with the setting down preciable benefits for the traveling pub­ of the Twin Cities-California Service lic; that the modification of condition is hereby denied; Investigation, Order E-24071, dated (4) of Western’s route 35 should enable 2. That the motion of Alaska Airlines, Western to further develop its present Inc., to modify the scope of the proceed­ August 12, 1966, the Board granted ing so as to include a consideration of Western an exemption from the terms all-cargo services; and that grant of tn Las Vegas-Portland/Seattle service be and limitations of its certificate of public authority in question will not adversely and it hereby is granted; convenience and necessity for route 35 ffect any air carrier. 3. That the petition of Western Air insofar as they would otherwise prevent Interested persons will be given 20 day Lines, Inc., for reconsideration and for Western from providing nonstop or blowing service of this order to sho the adoption of a pretrial restriction with through-plane service between Min- ause why the tentative fipdlP ^ ,. respect to through-plane service for Las neapolis/St. Paul, Minn., and San conclusions set forth herein should n Francisco/San Jose or Oakland, Cam. lade final. We expect such persons to Vegas-Portland/Seattle be and it hereby upport their objections with detauea is dismissed; This exemption authority was subject 4. That the applications of Alaska Air­ to automatic termination 90 days after nswers, specifically setting for lines, Inc., Docket 21202, Air West, Inc., f i n a l Board action in the Twin Cities- sntative findings and COI^ lu®^”L ns Docket 21198, and Western Air Lines, Califomia Service Investigation. By rhich objection is taken. Su ch objecti Inc., Docket 17926 insofar as they request Order 69-8-14, dated August 5, 1969, the hould be accompanied by argum authority within the scope of this pro­ Board issued its decision in the Twin f fact or law and should .^e,sl^p^nrnjc ceeding be and they are hereby consoli­ Cities-California Service Investigation. y legal precedents or detailed eco Accordingly, under the terms of Order nalysis. If an evidentiary hearing is dated; uested, the objector should state m & 5. That the application of Klamath E-24071 single-plane authority on route ail why such a hearing is considere^ Falls in Docket 20497 be and it hereby 35 expired automatically on November 3.3 is consolidated for hearing and decision tecessary and what relevant a herein and the investigation will be ex­ erial facts he would expect to es 1 Condition (4) of Western’s route 35 reads hrough such a hearing. General, v s * panded to consider whether the public as follows: “The holder shall not operate convenience and necessity require the through-plane service between Reno, Nev., r unsupported objections will no designation of Klamath Falls as an in­ and San Francisco-San Jose or Oakland, ntertained. termediate point between Reno and Port­ Calif., on the one hand, and points (other Accordingly, it is ordered: land as part of any service authorized than Denver, Colo.) north or east of Salt 1. That all interested persons are Lake City, Utah, on its routes 19, 28, and 35, herein; ected to show cause why the 6 . That the petitions on behalf of the. on the other hand." State of Washington Parties, the State 2 Multistop authority was not an issue in hould not issue an order makmf i nS this investigation. he tentative findings and eoncluri 3 The Klamath Palls request was referred 3 On Nov. 3, 1969, an order was issued in to in the order but it was found unnecessary Docket 16866 (Order 69-11-1) granting tated herein and amending W » to rule upon it since the action being taken Western a temporary extension of its exemp­ rir Lines certificate of public con _ with respect to the Air West-United pro­ tion authority for a period of 60 days, or md necessity for route 35 by nio until Anal Board decision on Western's ap­ posal was simply to refuse expeditious treat­ sondition (4 ) to read as follows; ment thereof. plication in this docket.

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19155 (4) The holder shall not operate single­ plane service between Reno, Nev., and saw held on December 4, 1969, at 10 a.m., the Delaware River in Bucks County, Pa. Francisco-San Jose or Oakland, Calif., on the e.s.t., in Room 911, Universal Building, Existing pipelines will be used to effec­ one hand, and points (other than Denver, 1825 Connecticut Avenue NW., Wash­ tuate the transfer. Colo.) north or east of Salt Lake City, Utah, ington, D.C., before the undersigned Documents relating to the projects on its routes Nos. 19, 28, and 35 on the other Examiner. listed for hearing may be examined at hand: Provided, however, That the holder By letter dated November 24, 1969, Bu­ the Commission’s offices. All persons may operate single-plane service between reau Counsel submitted a proposed state­ wishing to testify are requested to regis­ San Francisco-San Jose or Oakland, Calif., ment of issues, a request for evidence, and Minneapolis-St. Paul, Minn., via the in­ ter in advance with the Secretary to the termediate point Denver, Colo. proposed stipulations, and procedural Commission; telephone (609) 883-9500. dates. He requested that direct exhibits 2. That any interested person having and testimony be submitted on Decem­ W. Brinton Whitall, objections to the issuance of an order ber 12, 1969, and that the hearing be Secretary. making final the proposed findings, con­ held on December 16, 1969. November 21, 1969. clusions, and certificate amendments set On November 28, 1969, the Examiner [F.R. Doc. 69-14267; Filed, Dec. 2, 1969; forth herein, shall, within 20 days after was advised by the Lester E. Cox Medi­ 8:45 a.m.] service of this order, file with the Board cal Center that the dates suggested by and serve upon all persons upon whom Bureau Counsel were in conflict with this order is served, a statement of ob­ other commitments of the Medical Cen­ jections together with a summary of ter and a request was made for a revised testimony, statistical data and other schedule of procedural dates. The Ex­ FEDERAL COMMUNICATIONS evidence expected to be relied upon to aminer finds that the Medical Center’s support the stated objections; request is appropriate and directs the COMMISSION 3. That all motions and/or petitions Medical Center to furnish the informa­ STANDARD BROADCAST APPLICA­ for reconsideration shall be filed within tion requested by Bureau Counsel by the period for filing objections, and no December 19, 1969. The prehearing con­ TIONS READY AND AVAILABLE further such motions, requests, or peti­ ference will be reassigned to January 22, FOR PROCESSING tions for reconsideration of this order 1970, at 10 a.m., e.s.t., in Room 805, Uni­ Notice is hereby given, pursuant to will be entertained. If timely and prop­ versal Building, 1825 Connecticut Avenue § 1.571(c) of the Commission’s rules, that erly supported objections are filed, full NW., Washington, D.C. on January 5, 1970, the applications for consideration will be accorded the mat­ Dated at Washington, D.C., Novem­ increase in daytime power of Class IV ters or issues raised by the objections ber 28, 1969. standard broadcast stations listed below before further action is taken by the will be considered as ready and available Board; [seal] Ross I. Newmann, for processing. 4. That in the event no objections are Hearing Examiner. The purpose of this notice is not to filed, all further procedural steps will [P.R. Doc. 69-14407; Piled, Dec. 2, 1969; invite applications which may conflict be deemed to have been waived, and the 8:50 a.m.] with the listed applications, but to ap­ case will be submitted to the Board for prise any party in interest who desire» final action; to file pleadings concerning any of the 5. That except to the extent otherwise applications pursuant to section 309(d) granted herein, Western’s application DELAWARE RIVER BASIN (1) of the Communications Act of 1934, in Docket 21384, be and it hereby is de­ nied; and as amended, of the necessity of complying COMMISSION with § 1.580(i) of the Commission’s rules 6- That a copy of this order shall be served upon the cities of San Francisco, COMPREHENSIVE PLAN governing the time of filing and other uaiciand, and San Jose, Cftlif., Denver, Notice of Public Hearing requirements relating to such pleadings. r?10-, and Minneapolis and St. Paul, Adopted: November 25, 1969. Minn., and upon Air West, American Air- Notice is hereby given that the Dela­ nnes, Braniff Airways, Continental Air ware River Basin Commission will hold Released: November 26, 1969. l^nes, Deltä Air Lines, Eastern Air Lines, a public hearing on Thursday, Decem­ ber 11, 1969. The hearing will take place F ederal Communications nÜIu ng Tiger Line, Frontier Airlines, in Room 1600, Municipal Services Build­ Commission, «orthwest Airlines, Ozark Air Unes, Pan [seal] Ben F. Waple, menean World Airways, Texas Inter- ing, 15th and J. F. Kennedy Boulevard in Philadelphia, beginning at 2 p.m. The Secretary {JJTO Airllnea, Trans World Airlines, Applications from the top of the processing Uled Air Lines, and Western Air Lines. hearing will be on proposals to amend the Comprehensive Plan so as to include line: therein the following projects. BP-18616 WEDC, Chicago, 111. Ä l0S sSU 66 publlshed in the 1. Consolidated Utilities Cory. A well Foreign' Language Broadcasters, By the Civil Aeronautics Board. water supply project to augment public Inc. water supplies in the Hemlock Farms Has: 1240 kc, 250 w, S.H.—WCRW, tSEAL] Mabel M cCart, WSBC. community in Blooming Grove Town­ Req: 1240 kc, 250 w, 1 kw-LS, Acting Secretary. ship, Pike County, Pa. Two new wells S.H.—WCRW, WSBC. 'R' hoc. 69- 14349; Filqd, Dec. 2, 1969; designated as Nos. 49 and 80 are expected BP-18656 WMBC, Columbus, Miss. 8:49 a.m.] to yield approximately 500,000 gallons J. W. Furr. per day each. Has: 1400 kc, 250 w, U. 2. Bristol Township Authority. A sew­ Req: 1400 kc, 250 w, 1 kw-LS, U. [Docket No. 21430] age treatment project to increase the BP-18658 WNPS, New Orleans, La. Greater New Orleans Educational lester e- COX m ed ic a l cen te capacity of the sewage treatment plant in Bristol Township, Bucks County, Pa. Television Foundation. ET AL- Has: 1450 kc, 250 w, U. The increase will be from 1.8 to 2.25 mil­ Req: 1450 kc, 250 w, 1 kw-LS, U. 0tlCe of Postponement of Preheari lion gallons per day. BP-18662 KAGT, Anacortes, Wash. Conference 3. Bucks County Water and Sewer Island Broadcasting Co. Has: 1340 kc, 250 w, U. t^PetitioH of Lester E. Cox Medical C< Authority. A sewage treatment project to Req: 1340 kc, 250 w, 1 kw-LS, U. transfer 500,000 gallons per day of raw BP-18664 KBPS, Portland, Oreg. st°ckof fJ*La??roval 01 distribution Inter ^Zark Air Lines, Inc. domestic sewage from the Township of Benson Polytechnic School. Has: 1450 kc, 250 w, U. notifled^vfA parties have previously b< Falls Authority treatment works on Ne- Req: 1450 kc, 250 w, 1 kw-LS, U. the abovil^£r? earing conference shaminy Creek to the Bristol Township entitled proceeding will' [F.R. Doc. 69-14268; Filed, Dec. 2, 1969; Authority Treatment works located on 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19156 NOTICES Mr. G. Ravera, Secretary, Italy, South STANDARD BROADCAST APPLICA­ statement describing the discrimination Prance, South Spain, Portugal/U.S. Gulf TION READY AND AVAILABLE FOR or unfairness with particularity. If a and Puerto Rico Conference, Vico San violation of the Act or detriment to the Luca 4, 16123 Genova, Italy. PROCESSING commerce of the United States is alleged, Notice is hereby given, pursuant to the statement shall set forth with par­ Agreement No. 9522-13 between the § 1.571(c) of the Commission’s rules, that ticularity the acts and circumstances member lines of the Italy, South France, on January 6 , 1970, the following stand­ said to constitute such violation or detri­ South Spain, Portugal/U.S. Gulf and ard broadcast application will be con­ ment to commerce. Puerto Rico Conference, amends Article sidered as ready and available for A copy of any such statement should 7 of the basic agreement to reduce the processing: also be forwarded to the party filing the necessary quorum required to be present agreement (as indicated hereinafter) at Owners’ Meetings from three-fourths BP-18290 New, Honolulu, Hawaii. to two-thirds of the membership. Hagadone Capital Corp. and the statement should indicate that Req: 1540 kc, 5 kw, Day. this has been done. Dated: November 28, 1969. Notice of agreement filed by: Pursuant to § 1.227(b) (1), § 1.591(b) and Mr. H. T. Sohoonebeek, Vice Chairman, East By Order of the Federal Maritime Note 2 to § 1.571 of the Commission’s Coast Colombia Conference, 11 Broadway, Commission. ,1 rules an application, in order to be New York, N.Y. 10004. F rancis C. H urney, considered with the above application Secretary. must be in direct conflict with said ap­ Agreement No. 7590-1-7, among the plication, substantially complete and parties to East Coast Colombia Confer­ [F.R. Doc. 69-14331; Piled, Dec. 2, 1969; tendered for filing at the offices of the ence amends Article 1 of the basic agree­ 8:48 a.m.] Commission by the close of business on ment to provide that the trade area cov­ January 5, 1969. ered by the agreement shall be served by [Docket No. 69-57; Agreement T-2336] The attention of any party in interest direct call or transshipment.’ NEW YORK SHIPPING ASSOCIATION desiring to file pleadings concerning the Dated: November 28,1969. application pursuant to section 309(d) Order of Investigation Regarding (1) of the Communications Act of 1934, By order of the Federal Maritime -as amended, is directed to § 1.580 (i) of Commission. Cooperative Working Arrangement the Commission’s rules for provisions F rancis C. H urney, An agreement between the members of governing the time of filing and other Secretary. the New York Shipping Association, Inc. requirements relating to such pleadings. [P.R. Doc. 69-14330; Piled, Dec. 2, 1969; (NYSA), has been filed for approval pur­ 8:48 a.m.] suant to section 15, Shipping Act, 1916. Adopted: November 25,1969. The agreement, designated T-2336, is a Released: November 28,1969. temporary assessment formula adopted ITALY, SOUTH FRANCE, SOUTH SPAIN, by NYSA to meet its obligation provided F ederal Communications PORTUGAL/U.S. GULF AND PUERTO Commission, for in collective bargaining agreements [seal] B en F. W aple, RICO CONFERENCE with the International Longshoreman’s Secretary. Association, AFL-CIO (ILA). The agree­ Notice of Agreement Filed ment between NYSA and the ILA re­ [P.R. Doc. 69-14269; Piled, Dec. 2, 1969; quires that NYSA make contributions 8:45 a.m.] Notice is hereby given that the follow­ ing agreement has been filed with the into the ILA pension fund and the wel­ Commission for approval pursuant to fare and clinic funds on the basis of not section 15 of the Shipping Act, 1916, as less than 40 million hours per year for amended (39 Stat. 733, ^5 Stat. 763, 46 each year of the labor contract. Agree­ FEDERAL MARITIME COMMISSION U.S.C. 814). ment No. T-2336 sets forth reporting EAST COAST COLOMBIA CONFERENCE Interested parties may inspect and ob­ requirements and an assessment formula tain a copy of the agreement at the which would apply in the event the num­ Notice of Agreement Filed Washington office of the Federal Mari­ ber of hours reported in any 13-wees Notice is hereby given that the follow­ time Commission, 1405 I Street NW., period falls short of 10 million hours. ing agreement has been filed with the Room 1202, or may inspect the agree­ NYSA advises that a permanent for­ Commission for approval pursuant to ment at the offices of the District Man­ mula will be submitted to the Commis­ section 15 of the Shipping Act, 1916, as agers, New York, N.Y., New Orleans, La., sion as soon as one is adopted by its amended (39 Stat. 733, 75 Stat. 763, 46 and San Francisco, Calif. Comments on membership. U.S.C. 814). such agreements, including requests for Protests against approval of the agree­ hearing, may be submitted to the Secre­ ment were filed by the National Associa­ Interested parties may inspect and tion of Stevedores and the American obtain a copy of the agreement at the tary, Federal Maritime Commission, 1405 I Street NW., Washington, D.C. Sugar Co., and its wholly owned sub­ Washington office of the Federal Mari­ sidiary, American Sugar Refining Co. oi time Commission, 1405 I Street NW., 20573, within 20 days after publication of this notice in the F ederal R egister. New York. Comments concerning tne Room 1202, or may inspect the agree­ permanent agreement to be adopted by ment at the offices of the District Man­ Any person desiring a hearing on the proposed agreement shall provide a clear the parties were submitted by Unitea agers, New York, N.Y., New Orleans, La., States Lines. The protests were directea and San Francisco, Calif. Comments on and concise statement of the matters fnwQrH.Q fhA rAnnrt.illff reOUirGIHCntS 8

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19157 be approved, modified or disapproved upon which they desire to adduce evi­ pursuant to section 15 of said Act. merce of the United States is alleged, the dence. An allegation of discrimination statement shall set forth with particu­ It is further ordered, That in the event or unfairness shall be accompanied by a any modification of this agreement or larity the acts and circumstances said to statement describing the discrimination constitute such violation or detriment to further agreement establishing a tem­ or unfairness with particularity. If a vio­ commerce. porary or permanent assessment formula lation of the Act or detriment to thè is filed with the Commission, such agree­ A copy of any such statement should commerce of the United States is alleged, also be forwarded to the party filing the ment shall be made subject to this inves­ the statement shall set forth with par­ tigation for approval, disapproval, or agreement (as indicated hereinafter) ticularity the acts and circumstances and the statement should indicate that modification under the standards of sec­ said to constitute such violation or detri­ tion 15 of the Shipping Act, 1916. this has been done. ment to commerce. Notice of agreement filed by: It is further ordered, That the New A copy of any such statement should York Shipping Association, Inc., and its also be forwarded to the party filing the Mr. H. T. Schoonebeek, Vice Chairman, members through Sieglinde Hart Taylor, United States Atlantic & Gulf-Venezuela agreement (as indicated hereinafter) & Netherlands Antilles Conference, 11 as shown in Appendix A below, shall be and the statement should indicate that Broadway, New York, N.Y. 10004. respondents in this proceeding. this has been done. It is further ordered, That this matter * Notice of agreement filed by: Agreement No. 6870-12 among the be assigned for an expedited hearing be­ Mr. H. T. Schoonebeek, Vice Chairman, parties to U.S. Atlantic & Gulf-Venezuela fore an examiner of the Commission’s United States Atlantic & Gulf-Jamaica & Netherlands Antilles Conference Office of Hearing Examiners at a date Conference, 11 Broadway, New York, NY amends Article 3 of the basic agreement and place to be determined and an­ 10004. to provide that the trade area covered nounced by the presiding examiner. by the agreement shall be served by di­ It is further ordered, That notice of Agreement No. 4610-14, among the rect call or transshipment. parties to the United States Atlantic and this order shall be published in the F ed­ Dated: November 28, 1969. eral Register and that a copy thereof Gulf-Jamaica Conference amends the shall be served upon respondents. Per­ basic agreement by modifying the Pre­ By order of the Federal Maritime sons, other than the respondents, who amble-which presently provides that the Commission. desire to become parties to this proceed­ trade area covered by the agreement F rancis C. H urney, ing and to participate herein, shall shall be served by direct service or under Secretary. promptly file a petition to intervene with through bills of lading with transship­ [F.R. Doc. 69-14334; Filed, Dec. 2, 1969; the Secretary, Federal Maritime Com­ ment at Kingston, Jamaica, to provide 8:48 a.m.] mission, Washington, D.C. 20573. Future that the trade area shall be served by • notices issued by or on behalf of the direct service or transshipment. Commission in the proceeding, including Dated: November 28, 1969. notice of time and place of hearing, or FEDERAL POWER COMMISSION prehearing conference, shall be mailed By order of the Federal Martitime directly to parties of record. Commission. [Docket No. RI70-506, etc.] F rancis C. H urney, By the Commission. Secretary. A. L. ABERCROMBIE ET AL. [seal] F rancis C. Hurney, [F.R. Doc. 69-14333; Filed, Dec. 2, 1969; Order Providing for Hearings on'and 8:48 a.m.] Secretary. Suspension of Proposed Changes in Appendix A Rates 1 Sieglinde Hart Taylor, Secretary, New Yor] UNITED STATES ATLANTIC & GULF- November 20, 1969. Shipping Association, Inc., 80 Broad Street New York, N.Y. 10004. VENEZUELA & NETHERLANDS AN­ The respondents named herein have TILLES CONFERENCE filed proposed increased rates and [PR. Doc. 69-14332; Filed, Dec. 2, 1969 charges of currently effective rate sched­ 8:48 a.m.] Notice of Agreement Filed ules for sales of natural gas under Com­ Notice is hereby given that the follow­ mission jurisdiction, as set forth in UNITED STATES ATLANTIC & GULF ing agreement has been filed with the Appendix A hereof. Commission for approval pursuant to The proposed changed rates and JAMAICA CONFERENCE section 15 of the Shipping Act, 1916 as charges may be unjust, unreasonable, Notice of Agreement Filed amended (39 Stat. 733, 75 Stat. 763, 46 unduly discriminatory, ^or preferential, U.S.C. 814). or otherwise unlawful. in ? i1Ce to herebY given that the follow Interested parties may inspect and ob­ The Commission finds: It is in the c l 1aif eement 1,118 been filed with th tain a copy of the agreement at the public interest and consistent with the ^Mission for approval pursuant t Washington office of the Federal Mari­ Natural Gas Act that the Commission the ShiPPing Act, 1916, a time Commission, 1405 I Street NW., enter upon hearings regarding the law­ S c 814) S tat 733’ 75 S ta t 763’ 4 Room 1202, or may inspect the agree­ fulness of the proposed changes, and ment at the offices of the District Man­ that the supplements herein be sus­ ta??re? ed Paries may inspect and ob agers, New York, N.Y., New Orleans, La., pended and their use be deferred as of the agreement at th and San Francisco, Calif. Comments on ordered below. ¿bington office of the Federal Mari such agreements, including requests for The Commission orders: R o o m ^ ? ^ 011’ 1405 1 Street NW hearing, may be submitted to the Sec­ (A) Under the Natural Gas Act, par­ Blent ot °L may inspect the agree retary, Federal Maritime Commission, ticularly sections 4 and 15, the regula­ agers N tht ° fflces of the District Man 1405 I Street NW., Washington, D.C. tions pertaining thereto (18 CFR ch. I), S L n N-Y- New Orleans, La 20573, within 20 days after publication and the Commission’s rules of practice such flcrv0?*an

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19158 NOTICES to be altered, shall be changed until of practice and procedure (18 CFR. 1.8 date shown in the “Date Suspended and 1.37(f)) on or before January 8, Until” column, and thereafter until disposition of these proceedings or ex­ made effective as prescribed by the piration of the suspension period. 1970. (D) Notices of intervention or peti­ By the Commission. Natural Gas Act. tions to intervene may be filed with the (C) Until otherwise ordered by the [seal] Gordon M. G rant, Commission, neither the suspended sup­ Federal Power Commission, Washington, Secretary. plements, nor the rate schedules sought D.C. 20426, in accordance with the rules Appendix A Cents per Mcf Rate in Rate Supple- Amount Date Effective Date _ , effect sub­ sched- ment , , . of annual filing date unless sus- Rate In Proposed ject to Docket Respondent ule No. Purchaser and producing area increase tendered suspended pended effect increased refund in No. until— rate dockets No. Nos. ■

2 1-1-70 6- 1-70 17.0 s * 18.0 1 2 Panhandle Eastern Pipe Line Co. $480 10-27-69 RI70-506-. A. L. Abercrombie (Opera­ tor) et al., 801 Union (Cimarron County, Okla.), (Pan­ Center Bldg., Wichita, handle Area). Kans. 67202. 748 10-24-69 s 11-24-69 4-24-70 «17.5 2 « • 18. 569 R165-640. RI70-507. Rip C. Underwood, 213 5 2 Northern Natural Gas Co. (Hans­ First National Bank ford Field, Hansford and Ochiltree Bldg., Amarillo, Tex. Counties, Tex.) (RR. District No. 811-24-69 4-24-70 ■ «19.5 8 * « 26.0 RI66-141. 79101. 6 2 Transwestern Pipeline Co. (Mocane 13,600 10-24-69 Rip C. Underwood...... Laverne Gas Field, Beaver County, Okla.) (Panhandle Area). 212-23-69 5-23-70 «14.0 3 4 « 15. 0 RI65-542, 3 3 Cities Service Gas Co. (Aetna, El- 2,427 10-27-69 RI70-508. Bachus Oil Co. et al., 721 East Central, Wichita, wood, and Hardtner Fields, Barber Kahs. 67202. County, Kans.). 10-27-69 2 12-23-69 5-23-70 «14.0 » 4 « 15.0 RI65-543. RI70-509. 4 4 ...... do------„ ------...... 10-27-69 2 12-23-69 -5-23-70 «14.0 » 4 • 15.0 RI65-543. ___ do...... 5 3 -„.-do...... 10-27-69 212-23-69 5-23-70 •14.0 8 4 « 15. 0 RI65-543. ___ do...... 6 5 ...... do.—-...... -...... 10-27-69 2 12-23-69 5-23-70 *14.0 7 5 ...... do...... -...... -...... — 10-27-69 212-23-69 5-23-70 « 14.0 8 4 « 15. 0 R168-2. g 4 ___ do______;...... 8 4 • 19. 5 .___ do______■—-----...... - 366 3 Transwestern Pipeline Co. (Mendota 15,600 10-27-69 211-27-69 4-27-70 « 17.0 RI70-510- Gulf Oil Corp., Post Office Box 1589, Tulsa, Okla. Field, Hemphill County, Tex.) 74102. (RR. District No. 10). 212-23-69 5-23-70 » 14.0 8 4 « 15. 0 RI65-410. 57 12 Cities Service Gas Co. (Rhodes Field, 3,370 10-27-69 RI70-511. . Marathon Oil Co. (Opera­ tor) et al., 539 South Barber and Kiowa Counties, Main St., Findlay, Ohio Kans.). 2 8 4 7 15. 0 RI65-628. 45840. 310 10-27-69 2 1 - 1-70 6- 1-70 • f 14.0 Marathon Oil Co. (Opera­ 58 4 Cities Service Gas Co. (Diet* Unit, tor) et al. Grant County, Okla.) (Oklahoma “Other” Area). 212-23-69 5-23-70 • 14.0 8 4 « 15. 0 RI65410. 59 8 Cities Service Gas Co. (Hardtner 2,560 10-27-69 RI70-512-. Marathon Oil Co. et al--—- Field, Barber County, Kans.). 3,191 10-27-69 2 11-27-69 4-27-70 16.0 8 4 8 17.01 RI63-461. RI70-513 - Union Texas Petroleum, a 72 3 Lone Star Gas Co. (E. Durant Field, »15.0 8 4 8 8 17. 01 division of Allied Chemi­ Bryan County, Okla.) (Oklahoma cal Corp. et al. Post “Other” Area). Office Box 2120, Houston, Tex. 77001. 4-23-70 14.49 4 1» 16.60 6 Lone Star Gas Co. (Big Mineral 359 10-23-69 » 11-23-69 RI70-514-. Lynn Drilling Co., 407 Creek Field, Grayson County, Mid-Continent Bldg., Tex.) (RR. District No. 9). R168-90. Tulsa, Okla. 74103. 10-28-69 212-23-69 5-23-70 « 14. 0 3 4 6 15. 0 RI70-515.-Atlantic Richfield Co., 10 Cities Service Gas Co. (Hardtner and 7,350 Post Office Box 2819, Sharon Fields, Barber County, Dallas, Tex. 75221. Kans.).

1 Buyer deducts 0.75 cent for compression and 1.5 cents for dehydrating gas. a The stated effective date is the effective date requested by respondent, s Includes 0.01-cent tax reimbmsement. win™ fmm certificated rate a Periodic rate increase. • Applies to acreage added by Supplement No. 2 only. Filing from c e Th^tate^effectiv^date is the first day after expiration of the statutory notice. to second periodic increase. i° 2-step periodic rate increase. 6 Subject to a downward B.t.u. adjustment. (B) Pending hearings and decisions Rip C. Underwood (Underwood) requests charges of currently effective rate sched­ that his proposed rate increases be permitted ules for sales of natural gas under Com­ thereon, the rate supplements herein are to become effective “immediately.” Lynn mission jurisdiction, as set forth in suspended and their use deferred un Drilling Co. (Lynn) requests an effective date shown in the “Date Suspende date of October 1, 1969, for its proposed rate Appendix A hereof. increase. Good cause has not "been shown for The proposed changed rates and Until” column, and thereafter uhti waiving the 30-day notice requirement pro­ made effective as prescribed by the vided in section 4(d) of the Natural Gas Act charges may be unjust, unreasonable, to permit earlier effective dates for Under­ unduly discriminatory, or preferential, Natural Gas Act. wood and Lynn’s rate filings and such re­ or otherwise unlawful. (C) Until otherwise ordered by t e quests are denied. All of the producers’ proposed increased The Commission finds: It is in the Commission, neither the suspended sup rates and charges exceed the applicable area public interest and consistent with the plements, nor the rate schedules soug price levels for increased rates as set forth Natural Gas Act that the Commission to be altered, shall be changed until dis in the Commission’s Statement of General Policy No. 61-1, as amended (18 CPR 2.56). enter upon hearings regarding the law­ position of these proceedings or [P.R. Doc. 69-14142; Piled, Dec. 2, 1969; fulness of the proposed changes, and that expiration of the suspension period. 8:45 a.m.] the supplements herein be suspended (D) Notices of intervention or P® [Docket No. RI70-493, etc.] and their use be deferred as ordered tions to intervene may be filed wit SHELL OIL CO. ET AL. below. Federal Power Commission, Washing»^ The Commission orders: D.C. 20426, in accordance with the ^ Order Providing for Hearings on and (A) Under the Natural Gas Act, par­ Suspension of Proposed Changes in of practice and procedure (18 C ticularly sections 4 and 15, the regula­ and 1.37 (f)) on or before J a n u a ry Rates 1 tions pertaining thereto (18 CFR ch. I), 1970. November 19, 1969. and the Commission’s rules of practice The respondents named herein have and procedure, public hearings shall be By the Commission. filed proposed increased rates and , Grant, • held concerning the lawfulness of the [seal] G ordon M i Does not consolidate for hearing or dis­ Secretary- pose of the several matters herein. proposed changes.

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19159

Appendix A

Docket Cents per Mcf Rate in Rate Sup­ Amount Date Effective Date No. Respondent sched­ ple­ Purchaser and producing area _ ------—------effect sub- ule ment of annual filing date sus- Kate in Proposed in- ject to re­ No, No.- increase tendered unless pended effect creased rate fund in suspended until— dockets Nos. RI70-493.. Shell OU Co., 50 West 183 7 Natural Gas Pipeline Co. of Amer­ $73,274: 10-15-69 s 1- 1-70 6 60th St., New York, ica (Javelina, North Rincon - 1-70 » 18.0675 > * « 20.075 R165-475. N.Y. 10020. Fields, Hidalgo and Starr Coun­ ties, Tex.) (RR. District No. 4)...... do...... 297 6 South Texas Natural Gas Gather­ 201,583 10-15-69i *i_ i_7o ing Co. (McAUen Ranch Field, 6- 1-70 « 17.0638 ‘ * * 18. 0675 R165-409. Hidalgo County, Tex.) (RR. District No. 4). .do. 298 4 South Texas Natural Gas Gather­ 6,042 10-15-69 2 1- 1-70 6- 1-70 ing Co. (Schmidt Field, Hidalgo 517. 0638 » * » 18.0675 R165-409. County, Tex.) (RR. District No. 4). BI70-494.. American Petrofina 30 10 Trunkline Gas Co. (Hidalgo Field, 1 0 ,1 0 2 10-17-69i 2 i_ i_7o Co. of Texas (Opera­ Hidalgo County, Tex.) (RR., 6- 1-70 • 714.4369 » * « 16.45025 tor) et al., Post District No. 4). Office Box 2159, Dallas, Tex; 76221. R170-495._ F. A. Callery, Inc., 1 13 Texas Gas Pipe Line Corp. (West 10,340 10-20-69 et al., 1550 First Big HU1 Field, Jefferson County, « 11-20-69 4-20-70 « 15.0 » * * 16. 0 RI63-335. City National Bank Bldg., Houston, Tex.) (RR. District No. 3). Tex. 77002. RI70-496.. American Petrofina 27 South Texas Natural Gas Gather­ 24,703 10-20-69 Co. of Texas. ing Co. (Hidalgo County, Tex.) « 11-20-69 4-20-70 714.0520 * * 16. 06 (RR. District No.'4). ——do...... 28 South Texas Natural Gas Gather­ 24,537 10-20-69 ing Co. (Shepherd Field, Hidalgo « 11-20-69 4-20-70 ‘ 10 16. 0 * * • 18. 06750 County, Tex.) (RR. District No. 4). .do. 7 Texas Eastern Transmission Corp. 351 10-21-69 (Bird Island Field, Kleberg » 11-21-69 4-21-70 714.86475 * »16.87350 County, Tex.) (RR. District No. 4). ■do...... 33 Texas Eastern Transmission Corp. 6,795 10-21-69 (Mercedes Field, Hidalgo County, » 11-21-69 4-21-70 715.66825 » * 16.672625 Tex.) (RR. District No. 4). BI70-497— Mobfl Oil Corp. (Oper- 2 1 10 Tennessee Gas Pipeline Co., a 32,052 10-20-69 ator) et al.JPost Office division of Tenneco Inc. (Piedre » 11-20-69 4-20-70 115.6585 »*»16.6623 RI70-284. Box 1774, Houston, Lumbre Field, Duval County, Tex. 77001. Tex.) (RR. District No. 4). Mobüe OU Corp. (Oper- 28 Tennessee Gas Pipeline Co., a 3,459 10-20-69 ator) et al. division of Tenneco Inc. (Fruka » 11-20-69 4-20-70 8 15.6 *‘ *16.6623 RI67-273. Field-, Colorado County, Tex.) (RR. District No. 3). •do...... 4 9 23 Tennessee Gas Pipeline Co., a •20,834 10-20-69 division of Tenneco Inc. (Chester- » 11-20-69 4-20-70 *15.6 » * * 16.6 RI67-273. vffie and Lissie Fields, Colorado, Fort Bend and Wharton Comi­ .do. ties, Tex.) (RR. District No. 3). 123 Texas Eastern Transmission Corp. 4,237 10-20-69 (San Manuel Field, Hidalgo » 11-20-69 4-20-70 16.2709 * * 16.6729 RI70-284. County, Tex.) (RR. District -do. No. 4). 275 Tennessee Gas Pipeline Co., a divi- 1,241 10-20-69 . sion of Tenneco Inc. (North » 11-20-69 4-20-70 ‘15.6 * * * 16.6623 RI67-273. Louise Field, Wharton County. I— do...... 337 Tex.) (RR. District No. 3). Texas Eastern Transmission Corp. 38,177 10-20-69 (Chapman Ranch, Nueces Coun­ « 11-20-69 4-20-70 15.6585 *» 16.6726 RI70-284. RI70-498.. MobU OU Corp...... 27 ty, Tex.) (RR. District No. 4). Tennessee Gas Pipeline Co., a divi­ 17,453 :10-20-69 sion of Tenneco Inc. (Edinberg » 11-20-69 4-20-70 *15.6676 »* *16.6726 RI70-284. Field, Hidalgo County, Tex.) -do. (RR. District No. 4). 45 16 Tennessee Gas Pipeline Co., a divi­ 1,156 10-20-69 : sion of Tenneco Inc. (North Gov­ » 11-20-69 4-20-70 *15.6 * * * 16.6623 RI70-284. ernment Wells Field, Duval County, Tex.) (RR. District No. _ 4) • -do...... 4 7 Tennessee Gas Pipeline Co., a divi­ sion of Tenneco Inc. (San Salvador 9,772 10-20-69 »11-20-69 4-20-70 *15.6585 * * « 16.6623 RI70-284. Field, Hidalgo County, Tex.) (RR. District No. 4). ■d°...... 57 18 Tennessee Gas Pipeline Co., a divi­ sion of Tenneco Inc. (Hagist 6,565 10-20-69 « 11-20-69 4-20-70 *15.6 » * * 16.6623 RI67-273. Ranch and North Government Wells Field, Duval County. -do., Tex.) (RR. District No. 4). 96 10 Tennessee Gas Pipeline Co., a 5,611 10-20-69 » 11-20-69 4-20-70 division of Tenneco Inc. (Heyser *15.6 * * * 16.6623 RI67-272. Field, Victoria and Calhoun Counties, Tex.) (RR. District No. 2). -do...... 42o Texas Eastern Transmission Corp. (Bird Island Field, Kleberg Coun­ 3, 377 10-20-69 »11-20-69 4-20-70 14.4 *»16.8735 ty, Tex.) (RR. District No. 4). -do~ ...... 435 Transcontinental Gas Pipe Line Corp. (Dilworth Field, McMullen * 821 10-20-69 » 11-20-69 4-20-70 ‘15.193 »* ‘16.206 RI69-314. County, Tex.) (RR. District No. -do...... 87 Tennessee Gas Pipeline Co., a division of Tenneco Inc. (Sun 2,862 10-20-69 »11-20-69 4-20-70 *15.6 * * » 16.6 RI67-272. Field. Starr County, Tex.) (RR. •do. District No. 4). 321 12 United Gas Pipe Line Co. (Burnell- North Pettus Field, Karnes, Bee 17,344 10-20-69 »11-20-69 4-20-70 •15.4850 «*‘16.0600 RI67-27Ì and Goliad Counties, Tex.) (RR. 866 footnotes at end of table. District No. 2).

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19160 NOTICES Appendix A—-Continued Cents per Mcf Rate in Amount Date Effective Date — ------effect sub- Docket , , ivate tJup- - __ of annual filing date sus- Rate in Proposed in- ject to re­ No. Respondent sched- pie- Purchaser and producing area increase tendered unless pended effect creased rate fund in ule ' ment suspended until— dockets No. No. Nos.

4-20-70 «15.5133 8 « « 16.7338 RI69-313. 417 13 Natural Gas Pipeline Co. of Amer­ $2,043 10-20-69 U 11-20-69 RI70-499- - Mobil Oil Corp. (Opera­ ica (La Gloria Field, Brooks and tor). Jim Wells Counties, Tex.) (RR; District No. 4). 10-20-69 s12- 1-69 5- 1-70 ’ 16.06 8 «17.0638 352 6 Natural Gas Pipeline Co. of Amer­ 453,364 RI70-500 . Humble Oil & Refining ica (Sarita et al., Fields, Kenedy Co. (Operator) etal. County, Tex.) (RR. District No. 4). 2 2 .0 3 «23.0 RI67-386. United Gas Pipe Line Co. (Pistol 12 ,0 0 0 10-24-69 s 11-24-69 4-24-70 * RI70-501-. Sun Oil Co., 1608 Walnut 66 18 Ridge Field, Forrest Pearl River St., Philadelphia, and Lamar Counties, Miss.). Pa. 19103. 135 10-27-69 ix 11-27-69 4-27-70 i« 14.8733 3 « «15.4377 RI63-320. RI70-502.. Phillips Petroleum Co., 281 1 1 Texas Eastern Transmission Corp. Bartlesville, Okla. (West George West Field, Live 74003. Oak County, Tex.) (RR. Dis­ trict No. 2). h 11-28-69 4-28-70 15.485 8 « 16.0600 RI66-169. 241 12 United Gas Pipe Line Co. (Burnell- 276 10-28-69 __do__~------...... — North Pettus Fields, Karnes, Goliad, and Bee Gounties, Tex.) (RR. District No. 2). .

» 2-step periodic rate increase. * The stated effective date is the contractual effective date. * Periodic rate increase. u Thefstated effective date is the first day after expiration of the statutory notice. « Pressure base is 14.65 p.si.a. I2 10 -step periodic rate increase. * Subject to a downward B.t.u. adjustment. 13 5 -step periodic rate increase, «Includes 0.25-cent charge for dehydration. u 12 -step periodic rate increase, 7 Tnolndfts the Texas tax which has been ruea. ,_. n Includes 0.5 cent for dehydration. »Thenvio Qtfttpfistated effective date is methe enecuveeffective uatcdate requested by respondent. r——— . , , , . All of the producers* proposed Increased rates and charges exceed the appll^ble area price levels for increased rates as set fo the ^ n S i iS i in i StotemeSt Sf General Policy No. 61-1, as amended (18 CFR 2.56). [F.R. Doc. 69-14148; Filed, Dec. 2, 1969; 8:45 a.m.]

[Docket No. RI69-362] provided it filed a notice of change in vember 2 1 , 1969, the expiration date of rate. Such notification is consistent with the statutory notice, but not the rate SKELLY OIL CO. the Commission’s order issued Decem­ contained therein which is being ac­ ber 7, 1967, in Docket No. RI64-491 et al., cepted subject to the rate suspension Order Accepting Increased Rate Fil­ Union Texas Petroleum, a Division of proceeding in Docket No. RI69-362. ings Subject to Refund in Existing Allied Chemical Corp, (Operator), et al. The Commission finds; Rate Suspension Proceeding The proposed increased rate filings are (1) Good cause exists for accepting for filing Skelly’s proposed rate increases November 18, 1969. set forth in Appendix “A” hereof. We conclude that Skelly’s proposed and decreased rate filing, as set forth in On November 29, 1968, and Decern-' rate increases should be accepted for fil­ Appendix “A” hereof, effective on the ber 2, 1968, Skelly Oil Co. (Skelly) filed ing, to become effective upon expiration date shown in the “Effective Date” col­ with the Commission four proposed rate of the statutory notice, subject to the umn of the aforementioned appendix, increases, among others, which pertain existing rate suspension proceeding in subject to refund in the existing rate to Skelly’s jurisdictional sales of natural Docket No. RI70-362. Skelly’s request for suspension proceeding in Docket No. gas to El Paso Natural Gas Co. in the San waiver of the statutory notice require­ RI69-362. Juan Basin Area and Colorado. The Com­ ment to permit an earlier effective date ( 2 ) Good cause exists for accepting for mission by order issued December 27, for its rate filings is denied. filing Skelly’s proposed letter agreement 1968, suspended for 5 months Skelly’s to become effective as of September 21, rate filings in Docket No. RI69-362 until On October 21, 1969, Skelly submitted 1 OÆQ fViA PYnirfliinn HfltP of thG st&tutpry June 1 and June 2, 1969, respectively, a letter agreement dated October 6,1967, designated as Supplement No. 6 to notice. and thereafter until made effective in the The Commission orders: manner prescribed by the Natural Gas Skelly’s PPC Gas Rate Schedule No. 157, which provides for a renegotiated rate (A) The proposed rate increases and ^&ct/ decrease. Concurrently therewith Skelly the decreased rate filing contained in Ap­ On October 20 and 21, 1969, Skelly pendix “A” hereof, are accepted for Wing submitted three proposed rate increases, submitted a rate decrease filing propos­ ing to reduce its rate from 14.0593 cents and permitted to become effective on tn designated as Supplement No. 1 to Sup­ date shown in the “Effective Date co ­ plement Nos. 12, 5, and 9 to Skelly’s FPC to 13.0536 cents, designated as Supple­ ment No. 7 to Skelly’s FPC Gas Rate wan, subject to the existing r Gas Rate Schedule Nos. 90, 116, and 140, suspension proceeding in Docket respectively, reflecting payment for the Schedule No. 157. These proposed rate 1 cent minimum guarantee for liquids filings are set forth in Appendix “A” >9-362. . contained in the contracts, amending the hereof. B) Skelly’s proposed letter agreemen supplements to the rate schedules pre­ Since Skelly’s proposed rate decrease ignated as Supplement No. b w viously submitted to provide for such still exceeds the area increased rate ceil­ ally’s FPC Gas Rate Schedule No. w accepted for filing and pemutteo reimbursement. Skelly requests waiver of ing for the area involved, we believe that ____ A*____ MniromhPr 21. the statutory notice requirement to per­ it should be accepted for filing subject to mit its rate increases to become effective the existing rate proceeding in Docket as of the date of filing. Skelly was advised No. RI69-362 to become effective as of notice. in the Commission’s order suspending its November 21, 1969, the requested effec­ By the Commission. tive date. Skelly’s proposed letter agree­ proposed rate increases that if it wanted [seal] Gordon M.^Grant^ to collect under the minimum guarantee ment is also accepted for filing and provision of its contracts, it could do so permitted to become effective as of No­

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19161

Appendix A

Rate Sup­ Cents per Mcf Rate in Amount Effeotive Date ■ effect sub­ Docket Despondent sched­ ple­ Purchaser and producing area of annual filing date suspended Rate in No. ule ment . increase Proposed ject to No. No. tendered unless until— effect increased refund in suspended rate dockets Nos. BI69-362.. Skelly Oil Co. (Oper­ 90 l ltol2 El Paso Natural Gas Co. (South $6,711 10-20-69 ator) et al., Post Offiee Blanco Field, Rio Arriba County, 211-20-69 (Accepted, 14.0593 2 4 15.0593 RI69-362. Box 1650 Tulsa, N. Mex.) (San Juan Basin Area). subject to Oklahoma 74102 refund.) ...... do...... 116 * 1 to 5 El Paso Natural Gas Co. (Ignacio- 57?? 10-20-69 211-20-69 Bianco Field, La Plata County, ...... do...... 14.0 2 415.0 RI69-362. Colo.). .do. Ito 9 _d o ...... r__ 2,719 10-21-69 211-21-69 ...... do_____ 14.0 2 415.0 RI69-362. Skelly Oil Co. (Oper­ 157 «6 10-21-69 211-21-69 (Accepted)... ator) et al. 7 Federal G No. 1 Well, Rio Arriba Decrease 157 7 County, N. Mex.) (San Juan Decrease 367 10-21-69 2 11-21-69 (Accepted, 14.0593 4 •« 13.0536 R169-362. Basin Area). subject to refund.) * For gas from formations below the Pictured Cliffs formation. »The stated effective date is the first day after expiration of the statutory notice. 7 Suspended as Skelly Oil Co. •Increase reflecting 1-cent guarantee for liquids. t o n H K i “ . 0 ! 6'-1967’ which provides for connection of Mexico * Pressure base is 15.025 p.s.i.a. Federal G Well to 250 pound gathering system (low pressure), a 1-cent reduction in •Mesa Verde formation only. rat© and waives the 1 -cent minimum guarantee for liquids. •Excludes acreage added by Supplement No. 8 for which the 1-cent minimum »The stated effective date is the effective date requested by Respondent. guarantee for liquids was waived. 10 Renegotiated rate decrease. [F.R. Doc. 69-14149; Filed, Dec. 2, 1969; 8:45 a.m.]

[Docket No. RI70-474, etc.] The Commission orders : ents are advised to the contrary within SUPERWELL DEVELOPMENT CORP. (A) Under the Natural Gas Act, par­ 15 days after the filing of their respective ET AL. ticularly sections 4 and 15, the regula­ agreements and undertakings, such tions pertaining thereto (18 CFR Ch. I), agreements and undertakings shall be Order Providing for Hearing on and and the Commission’s rules of practice deemed to have been accepted.8 Suspension of Proposed Changes in and procedure, public hearings shall be (C) Until otherwise ordered by the Rates, and Allowing Rate Changes held concerning the lawfulness of the Commission, neither the suspended sup­ proposed changes. To Become Effective Subject to plements, nor the rate schedules sought Refund 1 (B) Pending hearings and decisions to be altered, shall be changed until dis­ thereon, the rate supplements herein are position of these proceedings or expira­ November 19, 1969. suspended and their use deferred until tion of the suspension period. The respondents named herein have date shown in the “Date Suspended Un­ (D) Notices of intervention or peti­ Bled proposed changes in rates and til” column, and thereafter until made tions to intervene may be filed with the charges of currently effective rate sched­ effective as prescribed by the Natural Gas Federal Power Commission, Washington, ules for sales of natural gas under Com- Act: Provided, however, That the sup­ D.C. 20426, in accordance with the rules hussion jurisdiction, as set forth in plements to the rate schedules filed by Appendix A hereof. respondents, as set forth herein, shall of practice and procedure (18 CFR 1.8 ,'I^e Proposed changed rates and become effective subject to refund on the and 1.37(f))'on or before January 5 , charges may be unjust, unreasonable, un- date and in the manner herein prescribed 1970. uuiy discriminatory, or preferential, or if within. 20 days from the date of the By the Commission. otherwise unlawful. issuance of this order respondents shall T*1® Commission finds : It is in the pub- each execute and file under its above- [seal] G ordon M. G rant, fic interest and consistent with the Natu- designated docket number with the Sec­ Secretary. . „ as Act that the Commission enter retary of the Commission its agreement 2 If an acceptable general undertaking, as Pon hearings regarding the lawfulness and undertaking to comply with the re­ provided In Order No. 377, has previously been simïïî pro? osed changes, and that the funding and reporting procedure required filed by a producer, then it will not be neces­ thrir i!meiÎ s herein he suspended and by the Natural Gas Act and § 154.102 of sary for that producer to file an agreement their use be deferred as ordered below. the regulations thereunder, accompanied and undertaking as provided herein. In such by a certificate showing service of copies circumstances the producer’s proposed in­ n0s?nf consolldate for hearing or dis- thereof upon all purchasers under the creased rate will become effective as of the * the several matters herein. expiration of the suspension period without rate schedule involved. Unless respond- any further action by the producer. Appendix A

Docket Rate Sup­ Cents per Mcf Rate in No. Respondent sched­ ple­ Purchaser and producing area Amount Date Effective Date effect ule ment ° 1 . . filing date suspended Rate Proposed subject to No. No. annual tendered unless until in increased refund in increase suspended effect rate dockets Nos. ^M74._ Superwell Development l 5 Transcontinental Gas Pipe Line Corp. 1-69 4 10 - 2-69 714.0 «814. 0525 ÄI7

No. 281- FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19162 NOTICES Appendix A—Continued Cents per Mcf Rate in Amount Date Effective Date ——— effect Kate Sup­ of filing date suspended Rate Proposed subject to Docket Respondent sched- ple­ Purchaser and producing area ment nnnnfl.1 tendered unless until in increased refund in No. No. No. increase suspended effect rate dockets

* 10- 1-69 ‘ 10-2-69 16.0 “ 16.06 RÏ70-479.,. MP8 Production Co. 3 2 Natural Gas Pipeline Co. of America. (Operator) et al. » 10- 1-69 < 10- 2-69 16.0 “ 16. 06 ___ do..,.—,—------4 2 South Texas Natural Gas Gathering Co. » 10- 1-69 ‘ 10- 2-69 16.0 “ 16.06 5 15.0 * « 15. 056 6 Natural Gas Pipeline Co. of America. > 10- 1-69 « 10- 2-69 K170-480.. Killam & Hurd, Ltd...... 1 » 10- 1-69 ‘ 10- 2-69 16.0 “ 16.06 RI70481— Killam & Hurd, Ltd. 3 4 Tennessee Gas Pipeline Co., a divi-, (Operator) et al. sion of Tenneco Inc. » 10- 1-69 ‘ 10- 2-69 15.0 »• 15.056 RI70-482-. Highland Resources, Inc— 2 6 .....do...——...... 310- 1-69 ‘ 10-2-69 15.6 * « 15.668 ___ do..—...... 6 10 Texas Eastern Transmission Corp---- » 10- 1-69 ‘ 10- 2-69 15.0 “ 15.0563 RI70-483-. George R. Brown (Oper- 6 1 Trunkline Gas Co— . . . . ---- ;.....— tor) et al. »10-1-69 ‘ 10- 2-69 15.0 « « 15.0656 .....do------22 1 Texas Eastern Transmission Corp---- » 10- 1-69 „ ‘ 10- 2-69 •15.0 ‘ • 15.0656 RI70-484— George R. Brown----— 19 4 Florida Gas Transmission Co...... - » 10- 1-69 ‘ 10- 2-69 16.6584 » « 16.7203 RI70-485— Getty Oil Co—. . —— 1 14 Iroquois Gas Corp...... -...... 3 io- 1-69 ‘ 10- 2-69 16.0 “ 16.06 ...... do...... - 173 2 Natural Gas Pipeline Co. of America.. » 10- 1-69 ‘ 10- 2-69 16.0 5 « 16.07 RI70-486— Callery Properties, Inc., 1 5 Florida Gas Transmission Co------et al. . » 10- 1-69 ‘ 10 - 2-69 16.0 “ 16.06 .....do...... — 5 3 Tennessee Gas Pipeline Co., a divi-, sion of Tenneco Inc. « 10- 1-69 ‘ 10- 2-69 16.0 » « 16.04 RI70-487— W. B. Osborn, Jr...... 18 1 United Gas Pipe Line Co.— —...... » 10- 1-69 ‘ 10- 2-69 14.0 “ 14.0525 RI70-488— Murphy Oil Corp. (Oper- 10 9 Natural Gas Pipeline Co. of America.. ator) et al. 16.0 «»16.07 6 -Florida Gas Transmission Co...... » 10- 1-69 ‘ 10- 2-69 RI70-489— Joseph P. Mueller.-—..— 1 . 8 10- 1-69 * 10- 2-69 15.0 « » 15.05625 RI70-490— Continental Oil Co------265 7 South Texas Natural Gas Gathering. Co. ‘ 10- 2-69 15.0 “ 15.05625 ____do_;______269 9 Tennessee Gas Pipeline Co., a divi-, . 3 10-1-69 sion of Tenneco Inc. . « 10-1-69 ‘ 10-2-69 16.0 “ 16.060 .do. 328 1 Trunkline Gas Co...... —...... - . » 10-1-69 ‘ 10-2-69 17.0 “ 17.06375 353 1 Natural Gas Pipeline Co. of America. * 10-1-69 ‘ 10-2-69 15.0 « • 15.06625 RI70-491.. Edwin L. Cox (Operator) 65 2 Valley Gas Transmission, Inc....—... et al. » 10-1-69 ‘ 10-2-69 15.144 « * 15.2 RI70-492-. Texas Pacific Oil Co., 26 5 Natural Gas Pipeline Co. of America. Inc. (Operator) et al.

t The stated effective date is the effective date of the tax increase enacted by the ? Rate of 15.6 cents suspended in Docket No. RI69-512 but never placed into effect State of Texas. .. SUk]ìeseÌlssubject gas under Banquete’s FPC Gas Rate Schedule No. 5 to United ♦ The suspension period is limited to 1 day. * Tax reimbursement increase. ^ ditate of^L7 cents suspended in Docket No. RI62-511—was never place^ntoeffect. • Pressure base is 14.65 p.s.i.a. The proposed rate increases herein reflect compressor horsepower in the Aneth proval for the proposed abandonment is the 0.5-percent increase in the production Field, Utah, and an additional 2,200 com­ required by the public convenience and tax from 7 percent to 7.5 percent enacted by pressor horsepower in Bisti area of New necessity. If a petition for leave to inter­ the State of Texas on September 9, 1969, to Mexico. vene is timely filed, or if the Commission be effective October 1, 1969. All of the pro­ Upon grant of the requested authori­ on its own motion believes that a formal posed rates exceed the applicable area ceil­ hearing is required, further notice of ing for the areas involved as set forth in zations, applicant proposes to remove and salvage the facilities permitted to be such hearing will be duly given. the Commission’s Statement of General Under the procedure herein provided Policy No. 61-1, as amended. abandoned at an estimated cost of Respondents request waiver of the statu­ $114,050. • for, unless otherwise advised, it will be tory notice to permit their proposed rate Any person desiring to be heard or to unnecessary for applicant to appear or be increases to become effective as of October 1, make any protest with reference to said represented at the hearing. 1969. We believe that it would be in the application should on or before Decem­ public interest to waive the statutory notice Gordon M. Grant, requirement provided in section 4(d) of the ber 15, 1969, file with the Federal Power Secretary. Natural Gas Act. Accordingly, the proposed Commission, Washington, D.C. 20426, a [P.R. Doc. 69-14270; Filed, Dec. 2, 1969; rate increases herein from underlying firm petition to intervene or a protest in ac­ 8:45 a.m.] rates are suspended for 1 day from cordance with the requirements of the October 1,1969. Commission’s rules of practice and pro­ [F.R. Doc. 69-14150; Piled, Dec. 2, 1969; cedure (18 CFR 1.8 or 1.10) and the reg­ [Docket No. CS70-24, etc] 8:45 a.m .] ulations under the Natural Gas Act (18 CFR 157.10). All protests filed with the FLETCHER F. FARRAR ET AL. Commission will be considered by it in Notice of Applications for “Small [Docket No. CP70—130] determining the appropriate action to be Producer” Certificates 1 EL PASO NATURAL GAS CO. taken but will not serve to make the pro- testants parties to the proceeding. Any November 25,1969. Notice of Application person wishing to become a party to a Take notice that each of the applfc proceeding or to participate as a party November 24, 1969. cants listed herein has filed an &PPU,, g in any hearing therein must file a peti­ tion pursuant to section 7 (c) oi Take notice that on November 17,1969, tion to intervene in accordance with the Natural Gas Act and § 157.40 of El Paso Natural Gas Co. (Applicant), Commission’s rules. regulations thereunder for a sma“.P . Post Office Box 1492, El Paso, Tex. 79999, Take further notice that, pursuant to ducer certificate of public convem filed in Docket No. CP70-130 an applica­ the authority contained in and subject to and necessity authorizing the sale tion pursuant to section 7(b) of the the jurisdiction conferred upon the Fed­ Natural Gas Act for permission and ap­ eral Power Commission by sections 7 and resale and delivery of natural ®aS proval to abandon certain natural gas 15 of the Natural Gas Act and the Com­ interstate commerce from areas facilities, all as more fully set forth in mission’s rules of practice and procedure, which just and reasonable rates a the application which is on file with the a hearing will be held without further been established, all as more ful y Commission and open to public inspec­ notice before the Commission on this ap­ forth in the applications which are on tion. plication if no petition to intervene is Applicant states that due to continuing declines of casing-head gas availability, filed within the time required herein, if * This notice does not provide for it proposes to abandon, beyond previously the Commission on its own review of the dation for hearing of the several approved abandonments, 5,400 additional matter finds that permission and ap­ covered herein.

FEDERAL REGISTER, VOL. 34, NO. 231—rWEDNESDAY, DECEMBER 3, 1969 NOTICES 19163 with the Commission and open to public By order issued July 14, 1969, the Fed­ CP70-35. After the proceedings on the inspection. eral Power Commission consolidated applications of Foraker and United were Any person desiring to be heard or to proceedings on the applications of consolidated by an order issued July 14, make any protest with reference to said Foraker Gas Co. (Foraker), and United 1969, and a public hearing on the issues applications should on or before Decem­ Cities Gas Co. (United), ordered that a presented by the applications was set to ber 19, 1969, file with the Federal Power public hearing be held on the issues commence on November 18, 1969, Cen­ Commission, Washington, D.C. 20426, presented by the applications to com­ tral Illinois Public Service Co. (Central petitions to intervene or protests in mence on November 18, 1969, and Illinois), Illinois Building, Springfield, accordance with the requirements of the prescribed procedure. 111. 62701, filed on August 14, 1969, under Commission’s rules of practice and pro­ Both of the aforesaid applicants re­ Docket No. CP70-35, pursuant to section cedure (18 CFR 1.8 or 1.10). All protests quest orders from the Federal Power 7(a) of the Natural Gas Act, an applica­ filed with the Commission will be con­ Commission pursuant to section 7(a) of tion for an order directing Texas sidered by it in determining the appro­ the Natural Gas Act, directing Texas Eastern to connect its natural gas trans­ priate action to be taken but will not Eastern Transmission Corp. (Texas portation facilities with pipeline and serve to make the protestants parties to Eastern), to connect its natural gas distribution facilities to be constructed the proceeding. Persons wishing to be­ transportation facilities with pipeline by the applicant and sell and deliver come parties to a proceeding or to par­ and distribution facilities to be con­ natural gas to the applicant for resale ticipate as a party in any hearing therein structed by the applicants and sell and in the village of Broughton and environs must file petitions to intervene in ac­ deliver natural gas to them for resale. in Hamilton County, 111., and to con­ cordance with the Commission’s rules. On October 31, 1969, Foraker filed a struct and operate a line tap and meter­ Take further notice that, pursuant to motion to suspend further proceedings in ing and regulating facilities at the the authority contained in and subject Docket No. CP69-269 for an indefinite delivery point. to the jurisdiction conferred upon the period or until Texas Eastern Transmis­ Texas Eastern filed an answer stating Federal Power Commission by sections sion Corp., has obtained a supply of gas its position that the sale and delivery by 7 and 15 of the Natural Gas Act and the which "would be available to Foraker. Texas Eastern of the small volume of gas Commission’s rules of practice and pro­ Statements in detail of the applications requested by Central Illinois is not eco­ cedure, a hearing will be held without of Foraker and United were given in said nomically feasible. further notice before the Commission on order issued July 14, 1969, and a Broughton’s natural gas requirements all applications in which no petition to recapitulation here will suffice. in the 4th year of operation are esti­ intervene is filed within the time re­ CP69-269. Clyde M. Foraker, Jr., as mated at 14,886 Mcf annually and 224 quired herein if the Commission on its managing partner in an ordinary part­ Mcf maximum day at 15.025 psia. own review of the matter believes that nership transacting business in the State Central Illinois proposes to construct a grant of the certificates is required of Ohio under the name of Foraker ‘Gas and operate approximately 3 miles of 2- by the public convenience and necessity. Co., New Lexington, Ohio 43764, filed inch transmission main and a natural Where a petition for leave to intervene on April 15, 1969, under Docket No. is timely filed, or where the Commission gas distribution system in Broughton at CP69-269, an application for an order an estimated cost of $51,570 to be on its own motion believes that a formal directing Texas Eastern Transmission financed from internal funds. hearing is required, further notice of Corp., Houston, Tex. 77001, to connect such hearing will be duly given. Central Illinois alleged that it dis­ its natural gas transportation facilities tributes natural gas in many cities and Under the procedure herein provided near Somerset, Perry County, Ohio, with tor, unless otherwise advised, it will be towns in Illinois and is authorized by the pipeline facilities to be constructed by Illinois Commerce Commission to-render unnecessary for applicants to appear or Foraker and sell and deliver to Foraker be represented at the hearing. the proposed service. up to 456,250 Mcf annually and 1600 Mcf On November 12,1969, the Commission G ordon M. G rant, peak day of natural gas (at 14.73 p.s.i.a.) ordered a hearing on Central Illinois’ ap­ Secretary. for resale in southwestern Perry County plication to commence on February 17, and in the village of Oreville in Hocking 1970. Docket Date County, Ohio. No. filed Name of applicant Notice of Central Illinois’ application, Texas Eastern filed an answer denying setting September 15, 1969, as the final that service to Foraker will not impair C870-24.. date for filing protests or petitions to 10-29-69 Fletcher F. Farrar, c/o Ralph H. its ability to render adequate service to intervene, was published in the F ederal Viney, Agent, 326 Central its existing customers or subject it to 0870-25.. h Bid«-» Midland, Tex. 79701. R egister on August 28, 1969 (34 F.R. u~ 7 -6 9 M. L. Melton, Post Office Box any undue burden, and denying also that 13765). None was filed. 0870-26.. 11 7 c nr4?,03' Midland, Tex. 79701. it is the only feasible source of gas U 7-69 Walker P. Sandlin, Receiver, 722 supply for Foraker’s proposed service The applications of Foraker, United, Southwest 2 2 d, Oklahoma City and Central Illinois present issues in 0870-27. Okla. 73109 ' * ' area. - 11-10-69 Estrella Oil Co., Post Office Box CP69-237. United Cities Gas Co., 404 common. The public interest will be 0870-28. 147, Midland, Tex. 79701. served by consolidating the proceedings - 11-12-69 Avancé Oil & Gas Co., Inc., 626 James Robertson Parkway, Nashville, Vaughn Bldg., Midland, Tex. on the application and setting a definite Tenn. 37219, filed on March 10,1969, un­ date on which to commence a public der Docket No. CP69-237, an application hearing on the issues in lieu of suspend­ Doc. 69-14271; Piled, Bee. 2, 1969; for an order directing Texas Eastern to ing further proceedings in Docket No. 8:45 a.m.] connect its natural gas transportation CP69-269 for an indefinite period as re­ facilities at a point about 4 miles, quested by Foraker. The deferment thus [Docket No. CP69-269, etc.] north of the town of Eldorado in Saline County, 111., with pipeline facilities to be afforded will meet the apparent objective FORAKER g a s CO. ET AL. constructed by United and sell and of Foraker’s request by allowing time deliver to United its estimated 5 th year during which Texas Eastern’s gas supply °rder Denying Motion, Rescheduling requirement of 58,100 Mcf of natural position might improve, while consolida­ Settin9 Hearing Date and gas annually (at 14.73 p.s.i.a.) and 450 tion of proceedings will expedite disposi­ describing Procedure Mcf peak day for resale in the village of tion of the cases on a common record. Another reason for consolidating the pro­ P, November 21,196 Equality and in Gallatin and Saline Counties, 111. United’s application was ceedings in said cases is that United and Eastern6^ ! ? 8 C?” Applicant, and T supplemented by information filed on Central Illinois request service from the same delivery point on Texas Eastern’s Corp” ResïX March 17, 2 1 , 27, 1969. Applicant o2S ’ United Cities Gas transmission pipeline and that fact might sion Com’ Texas Eastern Transi Texas Eastern filed an answer stating have a bearing on the economic feasi­ trai HbrS’- «pondent, CP69-237; ( its position that the sale and delivery bility of their proposals. and S s 2 S 8 ? Service Co ’ Applic by Texas Eastern of the small volume of Petitions to intervene in opposition to gas requested by United is not eco­ Foraker’s application, notice of which ResPonSnÆ t?Sn35,ranSmiSSi°n C< nomically feasible. was published in the F ederal R egister

FEDERAI, REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19164 NOTICES Each petitioner to intervene shall file and ities will be financed by current working oïl May 2,1969 (34 FU. 7261), were filed serve evidence to support the allegations in capital or interim bank loans later by; its petition and its position on or before funded by a security issue. Columbia Gas of Ohio, Inc., 99 North Front December 22,1969; Any person desiring to be heard or to Street, Columbus, Ohio 43215. Texas Eastern shall file and serve evidence make any protest with reference to said The Ohio Fuel Co., 99 North Front Street, comprising its case-in-chief on Central Illi­ Columbus, Ohio 43215. nois’ application under Docket No. CP70-35 application should on or before Decem­ National Gas & Oil Corp., 1500 Granville on or before January 19,1970; ber 15, 1969, file with the Federal Power Road, Newark, Ohio 43055. Texas Eastern shall file and serve on or Commission, Washington, D.C. 20426, a before January 19, 1970, evidence to update petition to intervene or a protest in Although none of the petitions was as of December 31, 1969, or later its evidence accordance with the requirements of the filed on time, the Commission, neverthe­ previously filed under Dockets Nos. CP69—237 Commission’s rules of practice and pro­ less, permitted them to intervene in the and CP69—269, including statements for 1970, cedure (18 CFR 1.8 or 1.10) and the reg­ consolidated proceedings provided that 1971, 1972, and 1973 of the maximum total ulations under the Natural Gas Act (18 they would file and serve evidence as capabUity from all of its sources of gas sup­ ply, total annual requirements, and present CFR 157.10). All protests filed with the directed by the Commission. None of unallocated transmission pipeline capacity. Commission will be considered by it in them complied with the Commission’s Also evidence showing whether or not it determining the appropriate action to be directive, thereby failing to qualify for would be economically feasible to serve taken but will not serve to make the pro- intervention. They will have further op­ United and Central Illinois from the same testants parties to the proceeding. Any portunity to qualify as interveners by fil­ delivery point. person wishing to become a party to ing and serving evidence in support of Central Illinois, Foraker, and United shall a proceeding or to participate as a party the allegations in their respective peti­ file and serve rebuttal evidence, initial or in any hearing therein must file a petition tions as ordered hereinafter. supplemental, on or before February 2, to intervene in accordance with the Com­ The Commission finds: 1970. mission’s rules. (1) It is necessary and appropriate in Take further notice, that, pursuant to carrying out the provisions of the Nat­ (E) Foraker’s motion under Docket No. CP69-269 is denied. the authority contained in and subject to ural Gas Act that the proceedings on the the jurisdiction conferred upon the Fed­ applications under Dockets Nos. CP69- By the Commission. 237, CP69-269, and CP70-35 be consoli­ eral Power Commission by sections 7 and [seal] Gordon M. G rant, 15 of the Natural Gas Act and the Com­ dated and that a public hearing be held Secretary. mission’s rules of practice and procedure, on the issues presented by said applica­ a hearing will be held without further tions as ordered hereinafter. [F.R. Doc. 69-14272; Filed, Dec. 2, 1969; 8:45 a.m.] notice before the Commission on this ap­ (2) Good cause exists to allow the plication if no petition to intervene is petitioners named above to intervene in filed within the time required herein, this proceeding subject to their compli­ [Docket No. CP70-129] ance with the terms of this order in order if the Commission on its own review of that they may establish the facts and law KANSAS-NEBRASKA NATURAL GAS the matter finds that a grant of the cer­ from which the nature and validity of CO.f INC. tificate or permission and approval for their alleged rights and interests may be the proposed abandonment is required by Notice of Application the public convenience and necessity. If determined and show what further ac­ a petition for leave to intervene is timely tion may be appropriate under the cir­ November 24, 1969. filed, or if the Commission on its own cumstances in the administration of the Take notice that on November 17,1969, motion believes that a formal hearing is Natural Gas Act. Kansas-Nebraska Natural Gas Co., Inc. The Commission orders: required, further notice of such hearing (Applicant), Hastings, Nebr. 68901, filed will be duly given. (A) The proceedings on the applica­ in Docket No. CP70-129 an application Under the procedure herein provided tions under Dockets Nos. CP69-237, pursuant to section 7 of the Natural Gas for, unless otherwise advised, it will be CP69-269, and CP70-35 are hereby Act, as implemented by § 157.7 of the unnecessary for applicant to appear or be consolidated. regulations thereunder, for a certificate represented at the hearing. (B) The petitioners named above are of public convenience and necessity au­ permitted to intervene in this proceeding G ordon M. Grant, thorizing thé construction, during the Secretary. subject to the rules and regulations of the calendar year 1970, and operation of cer­ Commission and provided that they shall tain natural gas facilities to ènable appli­ [F.R. Doc. 69-14273; Filed, Dec. 2, I960; comply with the terms of this order and 8 :45 a.m .] that their participation shall be limited cant to take into its certificated pipeline to matters affecting rights and interests system natural gas purchased from pro­ ducers thereof; and facilities to enable [Docket No. CP69-250] expressly asserted in their petitions to applicant to transport such volumes for intervene; and provided further that per­ resale and distribution; and permission NATURAL GAS PIPELINE COMPANY mission to intervene shall not be con­ and approval to abandon certain natural OF AMERICA strued as admission by the Commission gas direct sale facilities, all as more fully that any intervener might be aggrieved set forth in the application which is on Notice of Petition To Amend by any order entered in this proceeding. November 25,1969- (C) A public hearing on the issues pre­ file with the Commission and open to sented by the applications under Dockets public inspection. Take notice that on November 19, ^ Nos. CP69-237, CP69-269, and CP70-35 The stated purpose of this budget-type Natural Gas Pipeline Company of Amei will be held in a hearing room of the Fed­ application is to augment applicant’s Lea (Applicant) ^ eral Power Commission, 441 G Street ability to act with reasonable dispatch nue, Chicago, HI. 60603, filed in U NW., Washington, D.C., commencing at in contracting for and connecting to its No. CP69-250 a petition to amend 10 a.m., on February 17, 1970. The hear­ pipeline system additional supplies of order of the Commission i ^ ed ° ing heretofore scheduled for Novem­ natural gas in areas generally coexten­ June 10,1969, to delete the automation ber 18, 1969, on the applications of sive with said system and transporting to construct approximately 5.8 m Foraker and United under Dockets Nos. said gas for resale and distribution. 12-inch pipeline and to aUt°onnrox- CP69-269, and CP69-237 is canceled. Applicant proposes to construct and construction and operation .oi1.^ pfroin (D) Each applicant and petitioner to operate gas purchase facilities at a total imately 10 miles of 16-inch Pipe* ed intervene shall file with the Commission cost not to exceed $1,500,000, with no the Buffalo Wallow Held t o * I g g g “ and serve on one another and the Com­ single project cost to exceed $375,000; point of interconnection with ifl mission’s staff proposed evidence, includ­ certain gas sales or transportation facil­ Wisconsin Pipeline Co. (Mich-W > ing prepared testimony of witnesses and ities at a total cost not to exceed $100,- Wheeler County, Tex., all as mo^e_.}ch 0 0 0 ; and the abandonment of service and exhibits, as follows: removal of direct sales measuring, regu­ set forth in the petition to amend Central minois shall file and serve evidence is on file with the Commission ana w* comprising its çase-in-chief on or before lating and minor facilities. Applicant December 22,1969; states that the cost of the proposed facil- to public inspection.

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19165 Applicant states that an amended ex­ Protestants parties to the proceeding. cordance with the requirements of the change agreement with Mich-Wis ob­ Any person wishing to become a party Commission’s rules of practice and pro­ viates the necessity for the prior authori­ to a proceeding or to participate as a cedure (18 CFR 1.8 or 1.10) and the zation, but Applicant’s petition to amend party in any hearing therein must file a regulations under the Natural Gas Act is specifically conditioned upon the Com­ petition to intervene in accordance with (18 CFR 157.10). All protests filed with mission’s granting of a joint petition of the Commission’s rules. the Commission will be considered by it Mich-Wis and applicant to amend au­ Take further notice that, pursuant to in determining the appropriate action to thorization in Docket No. CP69-251 in the authority contained in and subject be taken but will not serve to make the that should authorization of the modifi­ to the jurisdiction conferred upon the Protestants parties to the proceeding. cation of such exchange not be issued, it Federal Power Commission by sections 7 Any person wishing to become a party to will be necessary for Applicant to con­ and 15 of the Natural Gas Act and the a proceeding or to participate as a party struct the 5.83 miles of 12-inch pipeline Commission’s rules of practice and pro­ as originally proposed and authorized. in any hearing therein must file a peti­ cedure, a hearing will be held without tion to intervene in accordance with the Any person desiring to be heard or to further notice before the Commission on make any protest with reference to said Commission’s rules. this application if no petition to inter­ Take further notice that, pursuant to application should on or before Decem­ vene is filed within the time required ber 19, 1969, file with the Federal Power the authority contained in and subject to herein, if the Commission on Its own re­ the jurisdiction conferred upon the Fed­ Commission, Washington, D.C. 20426, a view of the matter finds that permission petition to intervene or a protest in ac­ eral Power Commission by sections 7 and and approval for the proposed abandon­ 15 of the Natural Gas Act and the Com­ cordance with the requirements of the ment is required by the public conven­ Commission’s rules of practice and proce­ mission’s rules of practice and procedure, ience and necessity. If a petition for a hearing will be held without further dure (18 CFR 1.8 or 1.10) and the regu­ leave to intervene is timely filed, or if lations under the Natural Gas Act (18 notice before the Commission on this ap­ the Commission on its own motion be­ plication if no petition to intervene is CFR 157,10). All protests filed with the lieves that a formal hearing is required, Commission will be considered by it in filed within the time required herein, if further notice of such hearing will be the Commission on its own review of the determining the appropriate action to be duly given. taken but will not serve to make the pro­ matter finds that a grant of the certifi­ Under the procedure herein provided cate is required by the public convenience testants parties to the proceeding. Any for, unless otherwise advised, it will be person wishing to become a party to a and necessity. If a petition for leave to unnecessary for applicant to appear or intervene is timely filed, or if the Com­ proceeding or to participate as a party be represented at the hearing. in any hearing therein must file a peti­ mission on its own motion believes that tion to intervene in accordance with the G ordon M. G rant, a formal, hearing is required, further Commission’s rules. Secretary. notice of such hearing will be duly given. Under the procedure herein provided G ordon M. G rant, [F.R. Doc. 69-14274; Filed, Dec. 2, 1969; 8:45 a.m.] for, unless otherwise advised, it will be Secretary. unnecessary for applicant to appear or be [PR. Doc. 69-14304; Piled, Deç. 2, 1969; represented at the hearing. 8:46 a m.] [Docket No. GP70-132] G ordon M. Grant, NORTHERN NATURAL GAS CO. Secretary. [Docket No. CP70-131] Notice of Application [F.R. Doc. 69-14275; Filed, Dec. 2, 1969; northern n a tu r a l GAS CO. 8:45 a.m.] November 25,1969. Notice of Application Take notice that on November 17,1969, [Docket No. CP68- 41] November 24, 1969. Northern Natural Gas Co. (Applicant), Ja^e notice that on November 17, 2223 Dodge Street, Omaha, Nebr. 68102, TENNESSEE GAS PIPELINE CO. - 1969 Northern Natural Gas Co. (Appli- operating as and through its Peoples Natural Gas Division, filed in Docket No. Notice of Petition To Amend eoift ’ 2223 Dod&e Street, Omaha, Nebr. »8102, filed in Docket No. CP70-131 an CP70-132 an application pursuant to sec­ November 25, 1969. aPMcation pursuant to section 7 (b) of tion 7(c) of the Natural Gas Act for a Take notice that on November 14,1969, tne Natural Gas Act for permission and certificate of public convenience and Tennessee Gas Pipeline Co., a division f^oyal to abandon certain natural gas necessity authorizing applicant to ac­ of Tenneco Inc. (Applicant), Post Of­ iaciiities in Moore County, Tex., all as quire by purchase and to operate all of fice Box 2511, Houston, Tex. 77001, filed set forth in the application the jurisdictional natural gas facilities in Docket No. CP68—41 a petition to mch is on file with the Commission and of Plateau Natural Gas Co. (Plateau), amend the order of the Commission lo. PuMic inspection. all as more fully set forth in the appli­ issued on October 30, 1967, to authorize Appiie^t states that its Sunray Sta- cation which is on file with the Commis­ the sale and delivery of additional vol­

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19166 NOTICES The proposed facilities will be financed tend its deliveries at rates of up to 137,390 and 65,000 Mcf per day from November 1, Mcf per day through October 31, 1971, 1970 to November i, 1971. by general funds or revolving credit. Applicant states that Trunkline has Any person desiring to be heard or to and up to 69,204 Mcf per day through advised that the purchase of natural gas make any protest with reference to said October 31, 1972. as proposed herein is needed to supply its application should on or before Decem­ Any person desiring to be heard or to existing contracted markets and to sup­ ber 19, 1969, file with the Federal Power make any protest with reference to said plement its supplies of gas pending the Commission, Washington, D.C. 20426, a application should on or before Decem­ petition to intervene or a protest in ac­ ber 19, 1969, file with the Federal Power acquisition and authorization of long Commission, Washington, D.C. 20426, a term supplies. cordance with the requirements of the Any person desiring to be heard or to Commission’s rules of practice and pro­ petition to intervene or a protest in ac­ make any protest with reference to said cedure (18 CFR 1.8 or 1.10) and the cordance with the requirements of the application should on or before Decem­ regulations under the Natural Gas Act Commission’s rules of practice and pro­ ber 15, 1969, file with the Federal Power (18 CFR 157.10). All protests filed with cedure (18 CFR 1.8 or 1.10) and the reg­ Commission, Washington, D.C. 20426, a the Commission will be considered by it ulations under the Natural Gas Act (18 petition to intervene or a protest in ac­ in determining the appropriate action CFR 157.10). All protests filed with the cordance" with the requirements of the to be taken but will not serve to make Commission will be considered by it in Commission’s rules of practice and pro­ the protestants parties to the proceeding. determining the appropriate action to be cedure (18 CFR 1.8 or 1.10) and the Any person wishing to become a party to taken but will not serve to make the pro­ regulations under the Natural Gas Act a proceeding or to participate as a party testants parties to the proceeding. Any (18 CFR 157.10). All protests filed with in any hearing therein must file a peti­ person wishing to become a party to a the Commission will be considered by it tion to intervene in accordance with the proceeding or to participate as a party in in determining the appropriate action to Commission’s rules. any hearing therein must file petitions be taken but will not serve to make the Take further notice that, pursuant to to intervene in accordance with the protestants parties to the proceeding. the authority contained in and subject to Commission’s rules. Any person wishing to become a party the jurisdiction conferred upon the Fed­ Gordon M. Grant, to a proceeding or to participate as a eral Power Commission by sections 7 and Secretary. party in any hearing therein must file 15 of the Natural Gas Act and the Com­ [F.R. Doc. 69-14306; Filed, Dec. 2, 1969; petitions to intervene in accordance with mission’s rules of practice and procedure, 8:46 a.m.[ the Commission’s rules. a hearing will be held without further notice before the Commission on this Gordon M. Grant, application if no petition to intervene is Secretary. filed within the time required herein, if iFJl. Doc. 69-14276; Filed, Dec. 2, 1969; the Commission on its own review of SECURITIES AND EXCHANGE 8:45 ajn.] the matter finds that a grant of the cer­ tificate is required by the public con­ COMMISSION [Docket No. OP70-134] venience and necessity. If a petition for COMMERCIAL FINANCE CORPORA­ leave to intervene is timely filed, or if the TION OF NEW JERSEY TENNESSEE GAS PIPELINE CO. Commission on its own motion believes that a formal hearing is required, further Order Suspending Trading Notice of Application notice of such hearing will be duly given. November 26,1969. Under the procedure herein provided November 26,1969. It appearing to the Securities and Ex­ Take notice that on November 20,1969, for, unless otherwise advised, it will be unnecessary for applicant to appear or change Commission that the summary Tennessee Gas Pipeline Co., a division of suspension of trading in the commo Tenneco Inc. (Applicant) Tenneco be represented at the hearing. stock of Commercial Finance Corpora­ Building, Houston, Tex. 77002, filed in Gordon M. Grant, tion of New Jersey (a New Jersey cor­ Docket No. CP70-134 an application pur­ Secretary. poration) , and all other securities o suant to section 7(c) of the Natural Gas [F.R. Doc. 69-14305; Filed, Dec. 2, 1969; Commercial Finance Corporation of new Act and as implemented by § 157.7 of 8:46 a.m.] Jersey being traded otherwise than on the regulations thereunder for a certifi­ national securities exchange is re

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19167 stock, 10 cents par value of Continental Vending Machine Corp., and the 6 per­ EUA Black- Brock- Pall Montaup cent convertible subordinated deben­ stone ton Kiver tures due September 1,1976, being traded ( Thousands of dollars) otherwise than on a national securities Industrial National Bank of Rhode Island, Providence, R .I.. $2,000 ...... exchange is required in the public in­ Rhode Island Hospital Trust National Bank, Providence, R .I...___ 2,000 ...... The First National Bank of Boston, Boston, Mass______$16,6ÖÖ $1,900 $4,850 $15,700 terest and for the protection of investors: State Street Bank and Trust Co., Boston, Mass...... II...... 1,900 ...... It is ordered, Pursuant to section 15(c) Plymouth Home National Bank, Brockton, Mass 300 ...... (5) of the Securities Exchange Act of First County National Bank, Brockton, Mass...... 300 ...... B.M.C. Durfee Trust Co., Fall River, Mass...... 650 1934, that trading in such securities Fall River Trust Co., Fall River, M ass...... ' ...... 300 otherwise than on a national securities Fall River National Bank, Fall River, Mass ...... 200 exchange be summarily suspended, this Total from banks. 16,500 4,000 4,400 6,000 15,700 order to be effective for the period No­ EUA...... 12,000 5,300 ...... vember 28, 1969, through December 8 , Total 1969, both dates inclusive. 16,500 16,000 9,700 6,000 15,700 By the Commission. The maximum aggregate amount of mately $23,100,000. Aggregate construc­ [seal] N ell ye A. T h o r se n , bank notes to be outstanding at any one tion expenditures, including investments Assistant Secretary. time may be increased to an amount not in the case of Montaup, in 1970 for these in excess of twice the amount(s) shown [PR. Doc. 69-14283; Filed, Dec. 2, 1969; companies are estimated at $23 million. 8:46 a.m .] opposite each bank, but at no time will Blackstone or Brockton may prepay its the aggregate amount of such notes out­ notes to banks* in whole or in part, by standing exceed the above total amounts the use of an advance from EUA, or may [70-4815] # of bank borrowings for. each company. repay an advance from EUA with the The notes to banks will be dated as of proceeds of notes issued to banks. Any EASTERN UTILITIES ASSOCIATES the date of issuance, will bear interest advance from EUA for such purpose will ET AL. at a rate not to exceed the prime rate on bear interest, for the unexpired term Notice of Proposed Issue and Sale of the date of issuance (presently 8% per­ of the prepaid note, at the lower of the cent per annum) and will be prepayable prime rate or the rate borne by the pre­ Notes by Holding Company and in whole or in part without penalty. Notes paid note. If the interest rate on a note Subsidiary Companies to Banks and issued prior to April 1, 1970, will mature issued to a bank for the purpose of ob­ Open Account Advances by Hold­ on that date, and each note issued dur­ taining funds to repay an advance from ing Company to Subsidiary Com­ ing either of the two subsequent 3 - EUA shall exceed the rate on the advance panies month periods ending respectively on being repaid, EUA shall reimburse or July 1 and October 1 will mature at the credit Blackstone or Brockton, as the N ovember 26,1969. end of the 3-month period in which it is case may be, for the added interest re­ In the matter of Eastern Utilities As­ issued. Any note issued thereafter will quired for the term of the note so issued. sociates, Post Office Box 2333, Boston, mature on December 18, 1970. The ad­ In the event of any permanent financ­ Mass. 02107; Blackstone Valley Electric vances by EUA to Blackstone and Brock­ ing by any of the borrowing companies, aeo«Post ° fflce Box n i l > Lincoln, R.I. ton will be subordinated to the rights the net cash proceeds therefrom will be ^865; Brockton Edison Co., 36 Main of the preferred stockholders of Black- applied to the payment of its short-term otreet, Brockton, Mass. 02403; Fall River stone and Brockton, respectively, to re­ note indebtedness or advances from EUA Electric Light Co., 85 North Main Street, ceive dividends and in liquidation if, and then ; outstanding, and the maximum jail River, Mass. 02772; Montaup Elec­ so long as, (a) preferred stock dividends amount of short-term note indebtedness tric Co., Post Office Box 391, Fall River, are in arrears (or in the event of liquida­ and advances to to be outstanding at any Mass. 02772. tion, the liquidation rights of preferred one time, as proposed herein', will be T*Slce is hereby given that Easter: stockholders have not been satisfied) reduced by the amount of the proceeds of ¡ 2 ™ Associates (“EUA”), a régis and (b) the sum of the advances from such permanent financing. tri« ??ldlng company, and its four elec EAU, the notes payable to banks and all The application-declaration states st«nUS r subsidiary companies, Black other securities representing unsecured that no State commission and no Fed­ Rm«t7a1^ Electric Co. (“Blackstone”) debt, maturing in less than 10 years, ex­ eral commission, other than this Com­ TM»« Ta? Edison Co. (“Brockton”) , Fa ceeds 10 percent of the company’s se­ mission, has jurisdiction over the pro­ 9n?LEl^ tric Light Co- (“Pall River”) cured debt, capital stocks, premium and posed transactions. The fees and ex­ hai Electric Co. (“Montaup”) surplus. The advances will bear interest penses to be incurred in connection with with an application-declaratio] payable on April 1, July 1, October 1, and the proposed transactions are to be sup­ Puhli« m-,?ommission Pursuant to th December 18, 1970, at the prime rate in plied by amendment. Holding Company Act o effect at the First National Bank of Bos­ Notice is further given that any inter­ m r, designating sections 6 (a ton on those respective dates or the rate ested person may, not later than'Decem­ at which EUA is then borrowing from Act’L l ? ’ 12(c)* and 1 2 (f) of th ber 17, 1969, 'request in writing that a Rxûes 42 (b)(2), 45(a) and 5 said Bank, whichever is lower. hearing be held in respect of such mat­ cablP t?r?inulgated thereunder as appli Blackstone expects to have outstand­ ters, stating the nature of his interest, interestL“ 16 Prosed transactions. A] ing, at December 19, 1969, an estimated the reasons for such request, and the is­ Plica.tio^d^.Pe?sons.are roferred to the ap $6 million principal amount of short­ sues of fact or law raised by the applica­ rized h«i^deciara*'ion’ which is summa term loans, including a $2,700,000 loan tion-declaration, which he desires to the DronA^ a complete statement o from EUA; Brockton, Fall River, and controvert; or he may request that he EtPTA P d transactions. Montaup expect to have outstanding be notified should the Commission order River flr.HB^ ck?tone’ Erocketon, Fai $4,300,000, $2,900,000 and $8 million of a hearing in respect thereof. Any such sen Z ? Montaup propose to issue am notes to banks, respectively. The proceeds request should be addressed: Secretary, notes to unsecured, promissor: from the proposed notes and advances Securities and Exchange Commission, stone Ä ks’and’in the cases of Black will be used in part by the respective Washington, D.C. 20549. A copy of such account Er°ckton, to also receive open companies to meet cash requirements for request should be served personally or construction (including investment in by mail (air mail if the person being to time dndHÎncl s from EUA’ from tim( the case of Montaup), to make invest­ cember Ifl 7q|qthei >eri?d beginning De served is located more than 500 miles 1970 in fh’1969, and end*nS December 18 ment in permanent securities of Montaup from the point of mailing) upon appli- to h* ra: e“ aximum aggregate amount in the case of Blacktone, Brockton, and cants-declarants at the above-noted Fall River, through December 18, 1970, addresses, and proof of service (by shown belovr^11^ any °ne time’ a and to pay short-term loans expected to affidavit or, in case of an attorney at law, be outstanding at that date of approxi­ by certificate) should be filed with the

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19168 NOTICES request. At any time after said date, the to the declaration in this matter. All in­ construction program, and for other cor­ application-declaration, as filed or as it terested persons are referred to the dec­ porate purposes. It is proposed that the may be amended, may be granted and laration as now amended, which is sum­ open-account advances will be repaid permitted to become effective, as provided marized below, for a complete statement with a portion of the proceeds to be real­ in Rule 23 of the general rules and regu­ of the proposed transactions. ized by MPC in connection with the lations promulgated under the Act, or By order dated October 16,1967 (Hold­ divestment by MPC of its gas assets and the Commission may grant exemption ing Company Act Release No. 15872), that the bank loans will be repaid from this Commission authorized the issue and internal cash sources or the issuance of from such rules as provided in Rules such securities by MPC as the Commis­ 2 0 (a) and 100 thereof, or take such other sale by MPC to National Bank of Detroit action as it may deem appropriate. Per­ (“National”) of up to $850,000 of notes sion may authorize. It is stated that the sons who request a hearing or advice as outstanding at any one time and matur­ authorization now requested is required to whether a hearing is ordered, will re­ ing on June 30, 1968. At the time of said because of the termination of the pro­ ceive notice of further developments in order, there were also outstanding $2 ,- posed sale of MPC’s gas assets to a new t.his matter, including the date of the 750,000 of MPC’s notes which were issued subsidiary company of Michigan Gas hearing (if ordered) and any postpone­ to National prior to AEP’s acquisition of Utilities Co. (“MGU”), a nonassociated ments thereof. MPC. The Commission’s order of Octo­ gas utility company. Such sale was ter­ ber 16,1967, also authorized AEP to make minated as MGU, primarily due to exist­ For the Commission (pursuant to del­ open account advances to MPC of up to ing market conditions, was not in a posi­ egated authority). $4,500,000 outstanding at any one time. tion to consummate the purchase in ac­ [seal] Nellye A. T horsen, By a first supplemental order dated cordance with the agreement in the rea- Assistant Secretary. May 2, 1968 (Holding Company Act Re­ . sonably forseeable future. Notice is further given that any in­ [F.R. Doc. 69-14284; Hied, Dec. 2, 1969; lease No. 16051), MPC was authorized to 8:46 a.m.J reissue, from time to time prior to terested person may, not later than De­ June 30, 1969, its notes to National out­ cember 15, 1969, request in writing that standing in the amount of $2,950,000 and a hearing be held on such matter, stating LIQUID OPTICS CORP. to issue and reissue, from time to time the nature of his interest, the reasons for prior to June 30, 1969, additional notes such request, and the issues of fact or Order Suspending Trading to National in an aggregate amount not law raised by said posteffective amend­ November 26, 1969. to exceed $650,000 outstanding at any ment to the declaration which he desires one time. The notes were to mature on to controvert; or he may request that he It appearing to the Securities and or prior to June 30, 1969. The first sup­ be notified if the Commission should Exchange Commission that the summary plemental order also authorized AEP to order a hearing thereon. Any such re­ suspension of trading in the common make open account advances to MPC, quest should be addressed: Secretary, stock of Liquid Optics Corp., a New York from time to time during the same pe­ Securities and Exchange Commission, corporation, and all other securities of riod, not to exceed $7,500,000 outstand­ Washington, D.C. 20549. A copy of such Liquid Optics Corp. being traded other­ ing at any one time. Such advances were request should be served personally or wise than on - a national securities ex­ to be repaid on or before June 30, 1969, by mail (airmail if the person being change is required in the public interest except that, unless otherwise authorized served is located more than 500 miles and for the protection of investors: by the Commission, such repayment was from the point of mailing) upon the It is ordered, Pursuant to section ; not to be made before the outstanding declarants at the ahove-stated address, 15(0 (5) of the Securities Exchange Act preferred stock of MPC was retired. By and proof of service (by affidavit or, in of 1934, that trading in such securities a second supplemental order dated May case of an attorney at law, by certificate) otherwise than on a national securities 26, 1969 (Holding Company Act Release should be filed with the request. At any exchange be summarily suspended, this No. 16383), the Commission granted au­ time after said date, the declaration as order to be effective for the period No­ thorization for an extension from June now amended or as it may be further vember 27, 1969, through December 6, 30, 1969, to December 31, 1969, of the amended, may be permitted to become 1969, both dates inclusive. time in which MPC could issue and sell effective as provided in Rule 23 of the By the Commission. its notes to National and of the time for general rules and regulations promul­ repayment of the open account advances gated under the Act, or the Commission [seal] Nellye A. T horsen, may grant exemption from such rules as Assistant Secretary. from AEP, provided that the advances were not to be repaid before the preferred provided in Rules 20(a) and 100 thereof [F.R. Doc. 69-14285; Filed, Dec. 2, 1969; stock of MPC was retired. The notes to or take such other action as it may deem 8:46 a.m.] National were to mature on or prior to appropriate. Persons who request a hear* December 31,1969. ing or advice as to whether a hearing is ordered will receive notice of further de­ [70-4538] The third posteffective amendment re­ quests authorization for an extension velopments in this matter, including tne MICHIGAN POWER CO. AND AMER­ from December 31,1969, to December 31, date of the hearing (if ordered) and any ICAN ELECTRIC POWER CO., INC. 1970, of the time in which MPC may is­ postponements thereof. sue and sell its notes to National and For the Commission (pursuant to dele­ Notice of Posteffective Amendment of the time for repayment of the open gated authority). Regarding Issue and Sale of Notes account advances from AEP, provided [seal] Nellye A. Thorsen, to Bank by Subsidiary Company that the advances will not be repaid be­ Assistant Secretary. and Open Account Advances by fore the preferred stock of MPC has been retired. The notes to National will mature [F.R. Doc. 69-14286; Filed, Dec. 2, 19$> Holding Company on or prior to December 31, 1970. It is 8:46 a.m.} November 26, 1969. also requested that the authorization of Notice is hereby given that American the amount of the open account advances [812-2615] Electric Power Co., Inc. (“AEP”) , 2 from AEP to MPC be increased from Broadway, New York, N.Y. 10004, a reg­ $7,500,000 to $8,500,000. NEWTON FUND, INC. istered holding company, and its public- The proceeds from the proposed issue Notice of Filing of Application for utility subsidiary company, Michigan and sale of notes and from thè proposed Power Co. (“MPC”), formerly known as open account advances will be used by Order Exempting Proposed Michigan Gas and Electric Co., have filed MPC in connection with its construction change of Shares with this Commission, pursuant to sec­ program, which in 1970 is expected to November 26, 19$*- amount to approximately $3,889,000, to tions 6 (a), 7, and 12(b) of the Public Notice is hereby given that Newg Utility Holding Company Act of 1935 repay bank loans the proceeds of which were used in connection with past .ex­ Fund, Inc. (“Applicant ), oju ft (“Act”) and Rule 45 promulgated there­ Mason Street, Milwaukee, Wis. under, a third postefifective amendment penditures in connection with MPC’s

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19169 Maryland corporation registered under value of such security which is next com­ ceive notice of further developments In the Investment Company Act of 1940 puted after receipt of an order to pur­ this matter, ineluding the date of the (“Act”), as an open-end diversified man­ chase the security. hearing (if ordered) and any postpone­ agement investment company, has filed Applicant has been advised that Cor­ ments thereof. an application pursuant to section 6 (c) poration’s stockholders have consented of the Act requesting an order of the to1 the transfer of Corporation’s assets For the Commission (pursuant to dele­ Commission exempting from the provi­ and have agreed to acquire the shares of gated authority). sions of sections 2 2 (c) and 2 2 (d) of the Applicant for investment and not for [ s e a l ] G rval L . D u B o is , Act and Rule 22c~l thereunder a pro­ distribution to the public. Applicant rep­ Secretary. posed transaction in which Applicant’s resents that the terms of the entire [F.R. Doc. 69-14287; Filed, Dec. 2, 1969; redeemable securities will be issued at a transaction, including the adjustment 8:46 a.m.J price other than the current public of­ referred to above, were arrived at fering price described in the prospectus through arm’s length bargaining be­ in exchange for substantially all the as­ tween the officers of Applicant and Cor­ [812-26241 sets of O-P-R-A Corp. (“Corporation”) . poration. Applicant further represents UNITED FUNDS, INC., AND CWR All interested persons are referred to the that there is no affiliation or relation­ application on file with the Commission ship of any kind between the officers and CORP. for a statement of the representations directors of Applicant and officers, direc­ Notice of. Filing of Application for therein which are summarized below: tors and stockholders of Corporation. Applicant represents that all of the Newton and Co., the investment adviser Exemption stock of Corporation, a Wisconsin cor­ of Applicant has, however, acted as in­ N o v e m b e r 2 6 ,1 9 6 9 . poration which is a personal holding vestment adviser to Corporation since Notice is hereby given that United company as defined in the Internal Rev­ August 1, 1969. Funds, Inc. (“Fund”), a Delaware corp­ enue Code, is owned by two individuals. Section 22(c) of the Act and Rule oration registered under the Investment Corporation has engaged in the business 22c-I thereunder inter alia prohibit reg­ Company Act of 1940 (“Act”) as an of investing and reinvesting its funds istered investment companies from is­ open-end diversified management in­ since January 3, 196.7, and Applicant suing their redeemable securities except vestment company and CWR Corp. represents that Corporation is exempt at a price based on the current net asset (“CWR”) , 20 West 9th Street, TCa.n«a.«s from registration under the Act by rea­ value of such security which is next com­ City, Mo., a Massachusetts corporation son of the provisions of section 3 (c) (1 ) puted after receipt of an order to pur­ which'is a wholly owned subsidiary of thereof. chase the security. Section 22(d) of the Continental Investment Corp. (herein­ Pursuant to an Agreement and Plan of Act provides that registered investment after referred to collectively as “Appli­ Reorganization (“Agreement”) among companies may sell their shares only at cants”) have filed an application pursu­ Applicant, Corporation, and stockholders the current public offering price de­ ant to section 6 (c) of the Act for an of Corporation dated July 25, 1969, sub­ scribed in the prospectus. order of exemption from sections 15(a) stantially all of Corporation’s assets, Section 6 (c) permits the Commission, and 15(c) of the Act to the extent neces­ consisting of portfolio securities with a upon application, to exempt any trans­ sary to permit CWR to act as investment market value at July 25,1969, of approxi- action from any provision or provisions adviser to Fund pursuant to an invest­ X $176,415 and approximately of the Act or of any rule or regulation ment advisory contract between Fund W5 000 in cash and U.S. Treasury bills, thereunder if it finds that such exemp­ and CWR, which has not been approved ^ transferred to Applicant in ex­ tion is necessary or appropriate in the by shareholders for the period beginning change for shares of stock of Applicant. public interest and consistent with the December 31,1969, the date proposed for ire number of shares to be issued to protection of investors and the purposes commencement of service by CWR, and di^°ra^on ^ be determined by fairly intended by the policy and pro­ ending July 2, 1970, the date of the an­ trading the aggregate market value of visions of the Act. nual meeting of shareholders of Fund. of Corporation to be trans­ Notice is further given that any in­ All interested persons are referred to the ferred to Applicant by Applicant’s then terested person may, not later than application filed with the Commission (,M4„a8sekyalue Per share subject to a December 15, 1969 at 5:30 p.m., submit for a statement of the representations tha vln adiustment which would reduce to the Commission in writing a request contained therein which are summarized nm.Suni^>er °f Applicant's shares Cor- for a hearing on the matter accom­ below. poratum would receive if Corporation’s panied by a statement as to the nature CWR owns all of the voting common asy>tc°*- unrea^zec* °®t capital gains to of his interest, the reason for such re­ stock and over 99 percent of the non­ thfr K grater than Applicant’s. If quest and the issues of fact or law pro­ voting common stock of Waddell & Reed, Juiv ,raS tion had been closed on posed to be controverted, or he may Inc. (“Waddell & Reed”), a New York y 5,1969, the adjustment would have request that he be notified if the Com­ corporation which is presently the in­ reciwf0’ ^ Corporation would have mission should order a hearing thereon. vestment adviser to and principal under­ A p S taPPr°Ximately 14,888 shares of Any such communication should be ad­ writer for Fund. It is proposed that ef­ dressed: Secretary, Securities and Ex­ fective December 31, 1969 Waddell & PBbK^fe’* sh.ares are offered to the change Commission, Washington, D.C. Reed be merged into CWR and that the valup ni!,a continuous basis at net asset 20549. A copy of such request shall be name of CWR as the surviving corpora­ Indent on sales oharges, de­ served personally or by mail (airmail if tion be changed to “Waddell & Reed, fer t£ \° n the amount Purchased. Un­ the person being served is located more Inc.” The directors, officers, and em­ charge the Agreement no sales than 500 miles from the point of mail­ ployees of Waddell & Reed will become value nf * added to the net asset ing) upon Applicant at the address directors, officers, and employees of the ;number Applicant in determining the stated above. Proof of such service (by new Waddell & Reed, Inc., and no change sued Thfiv^I>i>^can^,s shares to be is- affidavit or in case of attorney at law in the functions and activities of Wad­ sidered no Applicsmt may be con- by certificate) shall be filed contempo­ dell & Reed will result from the merger. ¡other than its stock for a price raneously with the request. At any time Applicants represent that the merger scribed iw i!16 pufc>lic offering price de­ after said date, as provided by Rule 0-5 is designed to simplify the corporate sales load rJ1 o Prospectus which lists a of the rules and regulations promulgated structure, eliminate the present minority under the Act, an order disposing of the for 88168 oi irom holdings of nonvoting common stock of application herein may be issued by the Waddell & Reed, and permit a more real­ shares ^ value of Applicant’s Commission upon the basis of the infor­ istic valuation for tax purposes of the iPortfolio wiii vf value of Corporation’s mation stated in said application, unless assets of Waddell & Reed. pmcedine , determined on the day an order for hearing upon said appli­ The shareholders of Fund approved pnt mav ho6 c^os.ing- Therefore, Appli- cation shall be issued upon request or the terms of the present contract at the Meemabio . considered to be selling its upon the Commission’s own motion. Per­ postponed annual meeting held June 3, |Wee based S^CUr?^ies a* other than a sons who request a hearing or advice as ased on the current net asset 1969. The proposed, new contract will be to whether a hearing is ordered, will re- substantially identical (except for the

No. 231- FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19170 NOTICES by Rule 0-5 of the rules and regulations ing voting securities. Directors own an initial date, the language as to the con­ aggregate of 37,880 shares of Pandick tinuance of the contract, and the refer­ promulgated under the Act, an order dis­ posing of the application herein may be common stock. Virginia Capital and ence to Waddell ft Reed as a New York Directors acquired their shares of Pan­ corporation) with the present contract. issued by the Commission upon the basis of the information stated in said applica­ dick stock in transactions which were Applicants state that the proposed ex­ the subject of Investment Company Act emption is necessary or appropriate in tion, unless an order for hearing upon said application shall be issued upon re­ Releases Nos. 3154, 3167, 4116, and 4140. the public interest and consistent with Section 2(a) (3) includes within the the protection of investors and the pur­ quest or upon the Commission’s own mo­ tion. Persons who request a hearing or definition of “affiliated person” any per­ poses fairly intended by the policy and son directly or indirectly owning, con­ provisions of the Act. Shareholder ap­ advice as to whether a hearing is ordered will receive notice of further develop­ trolling, or holding with power to vote, proval of the proposed new contract 5 per centum or more of the outstanding would require a special meeting of share­ ments in this matter, including the date of the hearing (if ordered) and any post­ voting securities of such other person, holders of Fund which applicants repre­ any person 5 per centum or more of sent is unnecessary under the circum­ ponements thereof. whose outstanding voting securities are stances. No change of control is involved For the Commission (pursuant to directly or indirectly owned, controlled, in the merger, but as a result of the delegated authority). or held with power to vote, by such other merger, Continental Investment Corp. [seal] Orval L. DuBois, person, and any director of such other would own the new Waddell ft Reed di­ Secretary. person. Virginia Capital and Pandick rectly rather than owning Waddell ft are, therefore, affiliated persons of each Reed through a wholly owned sub­ [F.R. Doc. 69-14288; Filed, Dec. 2, 1969; other and Directors are affiliated persons sidiary. 8:46 a.m.] of Virginia Capital. Section 15(a) of the Act provides, On October 22, 1969, Pandick filed a among other things, that it shall be un­ [812-2649] registration statement with the Com­ lawful for any person to serve or act as mission under the Securities Act of 1933, an investment adviser of a registered in­ VIRGINIA CAPITAL CORP. ET AL. with respect to the proposed public offer vestment company except pursuant to a Notice of Filing of Application for ing of 371,709 shares of Pandick com written contract which has been ap­ mon stock through a group of under proved by the vote of a majority of the Order writers. The various underwriters, act outstanding voting securities of such November 26, 1969. ing through Dean Witter & Co., Incorpo registered investment company. In the matter of Virginia Capital Corp., rated as their representative, propose to Section 15(c) provides, among other Arthur S. Brinkley, Jr., Robert H. Pratt, purchase 100,000 shares from Pandick; things, that it is unlawful for any regis­ Eugene B. Sydnor, Jr., and H. Dunlop 33,000 shares from Virginia Capital; 22,- tered investment company having a Dawbarn, Directors, 808W United Vir­ 200 shares from Directors and the bal­ board of directors to enter into, renew, ginia Bank Building, Richmond, Va. ance from other shareholders of Pan­ or perform any investment advisory or 23219; Pandick Press, Inc., 345 Hudson dick, and to offer them to the public underwriting contract unless the terms Street, New York, N.Y. 10014. at an initial public offering price to be of the contract and any renewal thereof Notice is hereby given that Virginia determined by agreement between the are approved by a majority of the direc­ Capital Corp. (“Virginia Capital”) , underwriters and the proposed sellers., tors. who are not parties to such contracts Pandick Press, Inc. (“Pandick”), and Some of the other selling shareholders, or affiliated persons of any such party Arthur S. Brinkley, Jr., Robert H. Pratt, registered investment companies who or by the vote of a majority of the out­ Eugene B. Sydnor, Jr., and H. Dunlop own more than 5 per centum of the out­ standing voting securities of such Dawbarn, each of whom is a director of standing voting securities of Pandick, are company. Virginia Capital (“Directors”), herein­ affiliated persons of affiliated persons oi Section 6 (c) of the Act provides that after referred to collectively as “Appli­ Virginia Capital. Their applications ior the Commission, by order upon applica­ cants”, have filed an application pur­ orders pursuant to section 17(d) al*a tion, may conditionally or uncondi­ suant to section 17(d) of the Investment Rule 17d-l thereunder to permit par­ tionally exempt any person or transac­ Company Act of 1940 (‘‘Act”) and Rule ticipation in the public offering will oe tion from any provision of the Act or 17d-l thereunder, for an order permit­ the subject of separate Investment Co - of any rule or regulation thereunder, if ting Virginia Capital to sell 33,000 pres­ pany Act releases. Each of the selling and to the extent that such exemption is ently outstanding shares of common shareholders and Pandick will sell me necessary or appropriate in the public stock of Pandick and Directors to sell shares to the underwriters on the sam interest and consistent with the protec­ an aggregate of 22,200 presently out­ basis and for the same price per snare. tion of investors and the purposes fairly standing shares of Pandick at the same All expenses except underwriting intended by the policy and provisions of time that Pandick-itself sells 100,000 counts, fees of counsel employed by the Act. shares of its authorized but unissued selling shareholders and stock tra■ Notice is further given that any in­ shares and certain other registered in­ taxes will be paid by Pandick. Pa . terested person may, not later than De­ vestment companies, affiliates of Pandick, has agreed to hold the selling shar mnj. cember 15, 1969, at 5:30 p.m., submit to sell presently outstanding shares of Pan­ ers harmless on account of any mo the Commission in writing a request for dick owned by them. All interested per­ fication by them of the underwriters ana a hearing on the matter accompanied by sons are referred to the application on to defend, any actions brought aga a statement as to the nature of his in­ file with the Commission for a state­ selling shareholders in that c?n, terest, the reason for such request and ment of the representations made therein Further, Pandick proposes to mdenmuj the issues of fact or law proposed to be which are summarized below. the selling shareholders, the und h controverted, or he may request that he Virginia Capital is registered as a ers and the controlling persons be notified if the Commission should closed-end, nondiversified management against all claims, losses, & Qr order a hearing thereon. Any such com­ investment company under the Act and liabilities, and expenses arising iQ munication should be addressed: Secre­ is a federal licensee under the Small based upon any information W ^ tary, Securities and Exchange Commis­ Business Investment Act of 1948. Pan­ documents incidental to the reg sion, Washington, D.C. 20549. A copy of dick, a New York corporation which Applicants represent that such request shall be served personally renders printing services to the financial of shares included in the Proposed1 P i». or by mail (airmail if the person being community, has outstanding 1,334,000 offering was determined by tne served is located more than 500 miles shares of common stock. There is no writers after Pandick and ea . n un­ from the point of mailing) upon appli­ public market for Pandick’s common dick’s shareholders were given ^ cants at the address stated above. Proof stock at present since to date there has restricted opportunity to off or of such service (by affidavit or in case of been no public offering of Pandick stock. addition, the participation of Pa t an attorney at law by certificate) shall be Virginia Capital owns 326,934 shares of any of its shareholders is no c filed contemporaneously with the request. common stock of Pandick, or approxi­ upon that of any one or more of tne At any time after said date, as provided mately 25 percent of Pandick’s outstand­

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19171 Under the circumstances, the participa­ herein may be issued by the Commission Buy Rite, Inc., foodstore; Paola, • tion of Virginia Capital was not required upon the basis of the information stated 9-9-69 to 9-8-70. in the public offering, nor has the extent in said application, unless an order for Byck Bros. & Co., apparel store; 632 South. of its participation been restricted be­ hearing thereon shall be issued upon 4th Street, Louisville, Ky.; 9-1-69 to 8-31-70. cause of shares offered by affiliated per­ request or upon the Commission’s own Cannata’fe Super Market, Inc., foodstore; sons of Virginia Capital. Morgan City, La.; 9-3-69 to 8-2-70. motion. Persons who request a hearing Capin’s El Paso Store, department store; Applicants represent that Virginia or advise as to whether a hearing 125-129 Morley Avenue, Nogales, Ariz.; 9-3-69 Capital is not participating in the offer­ is ordered will receive notice of further to 9-2-70. ing on a basis different from or less ad­ developments in this matter, including Carrollton Foods, Inc., foodstore; 905 vantageous to it than to Pandick or to the date of the hearing (if ordered) and South Main, Carrollton, Mo.; 9-3-69 to any of the other selling shareholders. any postponements thereof. 9-2-70. Section 17(d) of the Act and Rule Cat & Fiddle Super Markets Inc., food- 17d-l thereunder, taken together, pro­ For the Commission (pursuant to dele­ stores from 9-3-69 to 9-2-70: 714 South Main gated authority). Street, Danville, Va.; Riverside Drive, vide, among other things, that it shall be Danville, Va. unlawful for an affiliated person of a [ seal] O rval L. D u B o is, Charlies Market, foodstore; George, Iowa; registered investment company or any Secretary. 9-10-69 to 9-9-70. affiliated person of such a person, acting [F.R. Doc. 69-14289; Filed, Dec. 2, 1969; Cooke’s Food Store, Inc., foodstore; as principal, to participate in, or effect 8:46 a.m.] Cleveland, Tenn.; 9-1-69 to 8-31-70. any transaction in connection with any Cooper & Ratcliff, Inc., foodstores from joint enterprise or arrangement in which 9—1-69 to 8—3il—70: Bassett, Va.; Collinsville, Va.; Martinsville, Va. any such registered company, or a com­ Cowan Grocery, foodstore; 232 Trade pany controlled by such registered com­ DEPARTMENT OF LABOR Street, Tryon, N.C.; 9-5-69 to 9-4-70. pany, is a participant unless an applica­ Crest Stores Co., variety store; Wytheville, tion regarding such arrangement has Wage and Hour Division Va.; 9-1-69 to 8-31-70. been granted by the Commission, and CERTIFICATES AUTHORIZING EM­ Dan’s, Inc., foodstore; 2266 East 33d South, that, in passing upon such an application, Salt Lake City, Utah; 9-10-69 to 9-9-70. PLOYMENT OF FULL-TIME STU­ the Commission will consider whether The Dixie Store, department store; 415-17 the participation of such registered DENTS WORKING OUTSIDE OF Chickasha Avenue, Chickasha, Okla.; 8-23-69 SCHOOL HOURS AT SPECIAL MINI­ to 8-22-70. company or controlled company in such Eagle Stores Co., Inc., variety stores: 116 arrangement is consistent with the pro­ MUM WAGES IN RETAIL OR SERV­ Main Street, Linoolnton, N.C., 9-10-69 to visions, policies and purposes of the Act ICE ESTABLISHM ENTS OR IN 9-9-70; 1-11 West Main Street, Martinsville, and the extent to which such participa­ AGRICULTURE Va., 9-3-69 to 9-2-70. tion is on a basis different from or less Edward’s Inc., variety stores from 9-8-69 to advantageous than that of other par­ Notice is hereby given that pursuant 9-7-70: 917 Bay Street, Beaufort, S.C.; 517 ticipants. A joint enterprise or arrange­ to section 14 of the Fair Labor Standards King Street, Charleston, S.C.; St. Andrews ment, as used in Rule 17d-l is defined as Act of 1938 (52 Stat. 1060, as amended, Shopping Center, Charleston, S.C.; Pine- haven Shopping Center, Charleston Heights, a written or oral plan, contract, au­ 20 U.S.C. 201 et seq.), the regulation on S.C.; 2018 Reynolds Avenue, Charleston thorization or arrangement, or any prac­ employment of full-time students (29 Heights, S.C.; 324—6 Laurel Street, Conway, tice or understanding concerning an CFR Part 519), and Administrative S.C.; 929 Front Street, Georgetown, S.C.; 819 enterprise or undertaking whereby a Order No. 595 (31 F.R. 12981), the estab­ Kings Highway, Myrtle Beach, S.C.; 10-18 registered investment company or a con- lishments listed in this notice have been North Main Street, Sumter, S.C.;. 201 company thereof and any affil- issued special certificates authorizing the Wichman Street, Walterboro, S.C. Experiment Farm, agriculture; Wilson, ated person of such person or principal employment of full-time students work­ Ark.; 9-1-69 to 8-31-70. jmderwriter, have a joint or a joint and ing outside of school hours at hourly The First Street Store, Ltd., department Participation in, or share in the wage rates lower than the minimum store; 3640 East 1st Street, Los Angeles, prohts of, such enterprise or undertaking. wage rates otherwise applicable under Calif.; 9-3-69 to 9-2-70. nAoiîf 4appllcation states that the pro- section 6 of the act. The effective and ex­ Garrison Memorial Hospital, hospital; Gar­ d transactions are consistent with piration dates are as indicated below rison, N. Dak.; 9-4-69 to 9-3-70. thA p.ro7lsj,ons- Policies and purposes of The minimum certificate rates are not Goldblatt Brothers Inc., department store; 5206 Hohman Avenue, Hammond, In d ; bv tha the price t° be received less than 85 percent of the applicable y the selling shareholders and Pandick statutory minimum 8- 22-69 to 8-21-70. W* T. Grant Co., variety-department shLf? same and that the manner of The following certificates provide for stores: No. 555, Phoenixville, Pa., 9-10-69 to sharing expenses is fair. an allowance not to exceed the proportion 9- 9-70; No. 240,. Williamsport, Pa., 9-8-69 to esteffno is further given that any inter- of the total hours worked by full-time 9-7-70. ber lo S may’ not later than Decem- students at rates below $1 an hour to the R. Guffian & Co., department store; 117 South Oak Street, Mt. Carmel, Pa.; 9-3-69 to CommUl^69, at 5 :3 0 pm -> submlt to the total number of hours worked by all em­ 9-2-70. h S Writing a reduest for a ployees in the establishment during the H. E. B. Food Store, foodstores from 9-3-69 a statemAn+the Jnatter accompanied by base period in occupations of the same to 9-2-70: No. 27, Alice, Tex.; No. 73, Aransas terest S,ant 85 to the nature of his in- general classes in which the establish­ Pass, Tex.; Nos. 30, 31, 32, 33, 34, 45, 51, and the iues of fof such request- and ment employed full-time students at 79, Austin, Tex.; No. 10, Beeville, Tex.; Nos. 1, controverted ï l ° r law proposed to be wages below $1 an hour in the base 14, and 15, Brownsville, Tex.; Nos. 17, 18, 19, be nSSX*:»®*?®^ may request tnatthat nehe period. 21, 23, 35, 37, 46, and 65, Corpus Christ!, Tex.; No. 80, Cuero, Tex.; No. 9, Donna Tex.; No. 75, order a >fcd -f the Commission should Archer Avenue Big Store, Inc., department Eagle Pass, Tex.; No. 6, Edinburg, Tex.; No. 78, mdnicatiorfcn v.g tbereon- Any such com- store; 4181-93 Archer Avenue, Chicago 111 • El Campo, Tex.; Nos. 3, 55, and 77, Harlingen, tary, Securfr h°Uld ^ addressed: Secre- 9-7-69 to 9-6-70. Tex.; No. 89, Kerrville, Tex.; No. 26, Kings­ sion’ ^ S S S S and Exchange Commis- Auerbach’s, department store; 2467 Wash­ ville, Tex.; Nos. 8 and 16, Laredo, Tex.; No. 7, such S S gtPn’ D-C. 20549. A copy of ington Boulevard, Ogden, Utah; 9-3-60 to McAllen, Tex.; No. 4, Mercedes, Tex.; No 13; Mission, Tex.; No. 62, New Braunfels, Tex.; or by maif ra-hall-1b? served Personally The Baby Shop, Inc., apparel store; 404 served is ir>r>&1+I^ ai1 ^be person being No. 12, Pharr, Tex.; No. 11, Raymondville, Main, Evansville, Ind.; 9-3-69 to 9-2-70. Tex.; No. 24, Refugio, Tex.; No. 22, Robstown, torn the Dointenf m0 rf- than 500 miles Ball Stores, Inc., department store; 400 cants at P£„ °i mailing) upon appli- South Walnut Street, Muncie, Ind ; 9-3-69 Tex.; Nos. 40, 41, 42, 43, 44, 47, 48, 49, 52, 53, to 9-2-70. 57, 58, 60, 61, 66, 68, and 69, San Antonio, Proof of _ - 1® addresses stated above. Tex.; No. 2, San Benito, Tex.; No. 63, San c&se of an af!iService (by affidavit or in Big Apple Supermarket, foodstores from 9-3-69 to 9-2-70: Nos. 2 and 3, Reidsville Marcos, Tex.; No. 29, Taft, Tex.; No. 74, shall be fi,S ,rney at law fey certificate) N.C. Uvalde, Tex.; Nos. 25 and 28, Victoria, Tex.;’ the request a + COntefnporaneously with No. 5, Weslaco, Tex.; No. 81, Yoakum, Tex. as Provided time after said date, Boulevard Food Store, foodstore; 1021 Ne­ Harts Super Market, foodstores; Branson braska Street, Sioux City, Iowa; 9-3—69 to Mo.; 9-3-69 to 9-2-70. Nations JmS,111!6 °75 of the rtdes and 9—2—70. an order j^pm^gated under the Act, Herberger’s, department store; 225 South r dlsposmg of the application Buehler Markets, foodstore; 2316 N Street Broadway, Albert Lea, Minn.; 9-3-69 to Omaha, Nebr.; 9-3-69 to 9-2-70. 9-2-70.

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19172 NOTICES Moines, Iowa; 503 Merle Hay Plaza, Des Highland Farm, agriculture; Wilson, Ark.; Olson Supermarket, foodstores from 9-3-69 to 9-2-70: 1406 West Main Street, Chanute, Moines, Iowa; 217-239 South 25th Street, 8-26-69 to 8-25-70. Fort Dodge, Iowa; 111 East Washington, Iowa Hoffman’s, Inc., apparel store; 200 Union Kans.; 525 West State Street, Erie, Kans.; 3209 Main Street, Parsons, Kans. City, Iowa; 22-24 Main Street, Marshalltown, Street, Lynn, Mass.; 9-3-69 to 9-2-70. Iowa; 101 South Federal, Mason City, Iowa; Joab Lake Farm, agriculture; Wilson, Ark.; The Outlet Co., department store; 176 Weybosset Street, Providence, R.I.; 9-3-69 to 118 High Street West, Oskaloosa, Iowa; 129 8-16-69 to 8-15-70. East Main Street, Ottumwa, Iowa; Fourth K. O. Super Market, foodstore; 8th and 9-2-70. and Pierce, Sioux City, Iowa. Ohio Avenue, Etowah, Tenn.; 9-1-69 to People’s Grocery, foodstore; 315 Church, 8—31—70. Tiptonville, Tenn.; 8—22—69 to 8—21—70. The following certificates were issued Ken & Bea’s Food Market, foodstore; 334 Piggly Wiggly, foodstores from 9-3-69 to to establishments relying on the base- West Broadway, Muskegon Heights, Mich.; 9-2-70: 836 West 11th Street, Panama City, Fla.; Nos. 1 and 2, Columbus, Ga.; 704 North year employment experience of other es­ 8-29-69 to 8-28-70. tablishments, either because they came Thomas Kilpatrick and Co., department First, Lamesa, Tex.; 710 North Fourth Street, stores from 9—3—69 to 9—2—70: 15th aIfd T Tex into existence after the beginning of the Douglas Street, Omaha, Nebr.; 42d and Public Drug Store, drugstore; Tusca Shop­ applicable base year or because they did Center Street, Omaha, Nebr. ping Plaza, Beaver, Pa.; 8—20—69 to 7—31—70. not have available base-year records. The S. S. Kresge Co., variety-department stores Randle’s IGA, foodstore; Eureka, Utah; certificates permit the employment of from 9-8-69 to 9-7-70 except as otherwise 9-10-69 to 9-9-70. full-time students at rates of not less indicated: No. 691, Rockville, Md.; No. 409, Raylass Department Store, variety-depart­ than 85 percent of the statutory mini­ Dorchester, Mass. (9-9-69 to 9-8-70); No. 166, ment stores from 9—1—69 to 8—31—70 except mum in the classes of occupations listed, Detroit Mich.; No. 241, Detroit, Mich. (9-9- as otherwise indicated: 619-621 State Street, 69 to 9-45—70); No. 403, Iron Mountain, Mich.; Bristol, Va.; 335 Main Street, Danville, Va. and provide for the indicated monthly No. 535, Mt. Clemens, Mich. (9-7-69 to 9-6- (9-3-69 to 9-2-70); 312-320 East Broad limitations on the percentage of full-time 70); No. 326, Omaha, Nebr. (9-8-69 to 9-2- Street, Richmond, Va.; 307 Main Street, student hours of employment at rates be­ 70) • No. 646, Toledo, Ohio; No. 460, South Boston, Va. (9—3—69 to 9—2—70). low the applicable statutory minimum to Harrisburg, Pa. (9-10-69 to 9-9-70); No. 182, Red & White Food Basket, foodstore; total hours of employment of all Pittsburgh, Pa. (9-9-69 to 9-8-70); No. 282, Curry Street, Pelham, Ga.; 8—13—69 to 8—12—70. Red & White Food Market, foodstore; employees. Pittston, Pa.; No. 18, Reading, Pa. (9-10-69 The Baby Shop, Inc., apparel store; 1120 to 9-9-70). Nashville, N.C.; 7—18—69 to 7—17—70. La Ville De Paris Department Store, depart­ Ridgeland Farm, agriculture; Wilson, Ark.; Washington Square Mall, Evansville, Ind.; ment store; 101-105 Morley Avenue, Nogales, 8-15-69 to 8-14-70. salesclerk, marker, detail clerk, stock clerk; Ariz.; 9—3—69 to 9—2—70. Rodenberg’s Inc., foodstores from 8-24-69 1 to 11 percent; 9-3-69 to 9-2-70. Landry Stores, Inc., department store; to 8-23-70: Nos. 1 and 4, Charleston, S.C.; Branson Heights Supermarket, Inc., food- Corner Main and Pere Megret Streets, Abbe­ No. 3, Charleston Heights, S.C.; No. 2, North store; Branson, Mo.; stock clerk, bagger, ville, La.; 9—8—69 to 8—7—70. Charleston, S.C. cleanup; 10 to 34 percent; 9-3-69 to 9-2-70. The Mart, Inc., apparel store; 180 Main Rose’s Stores, Inc., variety-department Dan’s, Inc., foodstores for the occupations Street, Paterson, N.J.; 9-1-69 to 8-31-70. stores from 9-3-69 to 9-2-70 except as other­ of courtesy clerk, bagger, bottle clerk; 24 to Mary V. Farm, agriculture; Wilson, Ark.; wise indicated: No. 80, Milledgeville, Ga. 37 percent, 9-10-69 to 9—9—70: 3735 South 8-15-69 to 8-14-70. (9—5—69 to 9-4-70)1 No. 102, Warner Robins, Ninth East, Salt Lake City, Utah; 2085 East McCrory-McLellan-Green Stores, variety- Ga.; No. 135, Somerset, Ky.; No. 71, Ahoskie, 21st South, Salt Lake City, Utah; 1326 South department stores, from 9-5-69 to 9r-4-70 ex­ N.C, (9-5-69 to 9-4-70); No. 145, Asheville, 21st East, Salt Lake City, Utah. cept as otherwise indicated: No. 649, West- N.C.; No. 61, Burlington, N.C. (9-5-69 to Dickinson Service Drug, Inc., drugstore; port, Conn. (9-6-69 to 9-5-70); No. 114, 9_4_70); No. 98, Chapel Hill, N.C.; No. 121, Dickinson, N. Dak.; clerk, restaurant helper, Wilmington, Del.; No. 259, Leesburg, Fla. Charlotte, N.C. (9—5—69 to 9—4—70); No. 43, janitorial; 10 to 73 percent; 9-10-69 to 9-9-70. (9_8_69 to 9-7-70); No. 81, Palatka, Fla. (9- Clinton, N.C.; No. 26, Dunn, N.C. (9-5-69 to Don’s Model Market, foodstore; Levy Shop­ 4-69 to 9-2-70); No. 171, St. Petersburg, Fla. 9_4_70) ; No. 24, Edenton, N.C.; No. 108, Elkin, ping Center, North Little Rock, Ark.; sacker, (9-8-69 to 9-7-70); No. 69, Sanford, Fla. N.C.; No. 72, Fayetteville, N.C. (9-5-69 to carryout, stock clerk; 15 percent; 8-23-69 to (9-8-69 to 9-2-70); No. 1219, Columbus, Ga.; 9_4_70) ; No. 1, Henderson, N.C.; No. 134, o_22_70.J No 111, Baltimore, Md.; No. 664, Lynn, Mass. Jacksonville, N.C. (9-5-69 to 9-4r-70); No. 50, Eagle’Stores Co., Inc., variety store; No. 27, (9^4-69 to 9-3-70); No. 302, Gulfport, Miss. Kinston, N.C.; No. 8, Lenoir, N.C.; No. 45, Collinsville, Va.; salesclerk, stock clerk; u (9-6-69 to 8-2-70); No. 410, Wilson, N.C.; Lumberton, N.C.; No. 60, Marion, N.C.; No. 50 percent; 9-3-69 to 9-2-70. No 185, Youngstown, Ohio; No. 151, Bames- 59, Morehead City, N.C.; No. 51, Morganton, Edward’s, Inc., variety stores for the oc boro, Pa. (9-9-69 to 9-8-70); No. 1116, N.C.; No. 29, North Wilkesboro, N.C. (9-5-69 cupations of salesclerk, stock clerk, ch - Chester, Pa.; No. 147; Ebensburg, Pa. (9-10- to 9-4-70); No. 130, Raleigh, N.C. (9-5-69 marker, layaway clerk, 9 to 16 P®r°enQ -JÎ. 69 to 9-9-70); No. 1122, Hollidaysburg, Pa.; to 9-4r-70); No. 21, -Roanoke Rapids, N.C.; as otherwise indicated, 9-8-69 to ' No. 1046, Lebanon, Pa.; No. 1029, McKeesport, No. 4, Roxboro, N.C.; No. 32, Sanford, N.C.; Mitchell Shopping Center, Aiken, S.C. ( Pa.; Nos. 1012 and 1052, Philadelphia, Pa.; No. 22, Smithfleld, N.C.; No. 149, Tarboro, percent); Hampton Place Shopping ’ No. 53, Pittsburgh, Pa.; No. 1037, Pottsville, N.C.; No. 30, Thomasville, N.C. (9-5-69 to Greenwood, S.C ; 159 Broughton Street, NW, Pa.; No. 1120, Memphis, Tenn. (9-8-69 to 9_4_70) ; No. 52, Whiteville, N.C. (9-5-69 to 9_7_70); No. 214, Clarksburg, W. Va. (9-4—69 9_4_70) ; No. 143, Wilson, N.C.; No. 133, ° T o S S f t u p e , Markets, Inc, « g * to 9-3-70); No. 454, Marshfield, Wis. (9-8-69 Winston-Salem, N.C. (9-8-69 to 9—7—70); No. No. 11, Tucson, Ariz.; carryout, 16 to ^ to 9-7-70). 76, Camden, S.C.; No. 148, Columbia, S.C.; cent; 8-22-69 to 8-21-70. e; McTyre’s Supermarket, foodstore; Dallas, No. 36, Georgetown, S.C. (9-5-69 to 9-4-70); Good Samaritan Center, nursing Ga.; 8-4-69 to 8-3-70. No. 48, Newberry, S.C.; No. 49, Union, S.C.; Scribner; Nebr.; kitchen helper, dining <*> g Meyer Brothers, department store; 181 No. 62, Greeneville, Tenn.; No. 79, Charlottes­ helper, serving helper, nurses aid , Main Street, Paterson, N.J.; 9-1-69 to ville, Va. (9-5-69 to 9-4r-70); No. 57, Chris- percent; 9-10-69 to 9-9-70. , s+ores 8- 31-70. tiansburg, Va.; No. 31, Farmville, Va.; No. 7, W. T. Grant Co., variety-departmen s ^ A. C. Milliken Hospital, hospital; East Nor­ Franklin, Va.; No. 15, Galax, Va. (9—5—69 to for the occupations of salesclerk, s °c enti wegian and Tremont Streets, Pottsville, Pa.; 9_4_70); No. 70, Marion, Va.; Nos. 123, 129, No. 1071, Southampton, Pa., 0 to » p 33 9- 4-69 to 9-3-70. and 142, Norfolk, Va.; Nos. 20 and 109, Ports­ 9-8-69 to 9-7-70; No. 902, Barre, Vt., Minimax, foodstore; 1552 Palm Boulevard, mouth, Va. (9-5-69 to 9-4—70); No. 144, percent, 9-5-69 to 9-4-70. . e ^ Brownsville, Tex.; 9—5—69 to 9—4—70. Richmond, Va.; No. 146, Roanoke, Va. (9-5-69 H.E.B. Food Stores, foodstores fo _ . age Model Food Market, foodstore; North Hills to 9-4-70); No. 40, South Boston, Va.; No. 17, cupations of bottle ’ clerk, sacker Shopping Center, North Little Rock, Ark.; Suffolk, Va.; Nos. 107 and 137, Virginia Beach, clerk, 10 percent, 9-3-69 to*-*-™ NoS. 8- 23-69 to 8-22-70. Va.; No. 56, Waynesboro, Va. (9-5-69 to 36, Austin, Tex.; No. 82, Bay City, hristi) Moreland Drug, Inc., drugstore; 110 Shelby 9—4—70); No. 65, Williamsburg, Va. 92, 101, 102, 103, 107, and 108. Corpus c n ^ Street, Falmouth, Ky.; 8-25-69 to 8-24-70. Rusty’s Food Centers, Inc., foodstore; Ninth Tex.; No. 85, Falfurrias, Tex.; No. i ^ cAllen, The New York Store, variety store; 238-244 and Iowa, Lawrence, Kans.; 9-3-69 to 9-2-70. Tex.; No. 100, Laredo, Tex.; No- 8*’g6 Rock- High Street, Pottstown, Pa.; 9-3-69 to 9-2-70. Thomas Grocery, foodstore; Mounted Tex.; No. 20, Port Lavaca, Tex > Antonio, Route, Grand Haven, Mich.; 8-27-69 to port, Tex.; Nos. 59, 83, and 9 , xayl°r> J. J. Newberry Co., variety-department Tex.; No. 97, Seguin, Tex.; No. . stores from 9-8-69 to 9-7-70 except as other­ 8-26-70. Tuten’s Red & White, foodstore; Estill, Tex.; No. 91, Wharton, Tex. fnodstore; 919 wise indicated: No. 238, Rockland, Maine; Haan’s Super Market, Inc., f clerk, No. 71, Tiffin, Ohio (9-10-69 to 9-9-70); No. S.C.; 8-12-69 to 8-11-70. Weeks, Inc., foodstore; 505 South Santa Fe, 36th Street, Wyoming, Mich., st 95, West Warwick, R.I.; No. 202, El Paso, checker, package clerk; 21 to 35 percen Tex.; No. 9i, Barre, Vt. (9-5-69 to 9-4-70). Salina, Kans.; 9-3-69 to 9-2-70. 69 to 9-1-70. 1S01 East Levee Norby’s, Inc., department store; 402 Demers Younker Brothers, Inc., department stores King Mart, foodstore; 1301 * ^ Avenue, Grand Forks, N. Dak.; 9-3-69 to from 9-3-69 to 9-2-70: 323 Main Street, Street?Brownsville, Tex.; stock clerk, cn 9- 2-70. Ames, Iowa; Seventh and Walnut Street, Des

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19173 carryout, Janitorial; 9 to 11 percent; 9-6-69 to 9-5-70. boro, N.C., 6 to 12 percent (salesclerk); No. Grand Avenue North, Spencer, Iowa, 0 to 8 162, Greenville, N.C., 2 to 25 percent (sales­ percent. S. S. Kresge Co., variety-department stores: clerk);. No. 96, High Point, N.C., 13 to 28 No. 504, Alpena, Mich., stock clerk, mainte­ percent (9-3-69 to 9-2-70) ; No. 122, Kan­ nance, office clerk, food preparation, sales­ Each certificate has been issued upon clerk, checker-cashier, customer service, 10 napolis, N.C., 4 to 23 percent (salesclerk, the representations of the employer checker); No. Ill, Lincolnton, N.C., 9 to 18 which, among other things, were that em- percent, 9-7-69 to 9-6-70; No. 771, Billings, percent (salesclerk); No. 68, Mount Airy, Mont., salesclerk, stock clerk, office clerk, N.C., 13 to 28 percent; No. 90, Mount Olive,’ ployment of full-time students at special checker-cashier, 18 to 30 percent, 9-8-69 to N.C., 21 to 41 percent (salesclerk); No. 81, ' minimum rates is necessary to prevent 9-2-70; No. 4045, Butler, Pa., bagger, sales­ Plymouth, N.C., 2 to 25 percent (salesclerk) ; curtailment of opportunities for employ­ clerk, checker-cashier, 6 to 10 percent, 9-6-69 ment, and the hiring of full-time students to 9-5-70; No. 746, San Antonio, Tex., sales­ No. 18, Reldsville, N.C., 13 to 28 percent clerk, 7 to 27 percent, 9-5-69 to 9-4-70. (salesclerk, stock clerk) ; No. 78, Rocky at special minimum rates will not create Magic Mart, Inc., department store; High­ Mount, N.C., 4 to 20 percent (9-3-69 to 9-2- a substantial probability of reducing the way 84 and Locust Street, Caruthersville, 70); No. 169, Salisbury, N.C., 11 to 27 per­ full-time employment opportunities of cent (salesclerk, checker); No. 153, Shelby, persons other than those employed under Mo.; salesclerk, stock clerk, janitorial; 6 to N.C., 11 to 27 percent (9-3-69 to 9-2-70); 31 percent; 8-23-69 to 8-22-70. No. 131, West Jefferson, N.C., 0.4 to 28 per­ a certificate. The certificates may be an­ McCrory-McLellan-Green Stores, variety- cent; No. 39, Williamston, N.C., 5 to 29 per­ nulled or withdrawn, as indicated therein, department stores for the occupations of cent (salesclerk, stock clerk) ; No 159, Wilson in the manner provided in Part 528 of salesclerk, stock clerk, office clerk, 9-5-69 to Title 29 of the Code of Federal Regula­ 9-4-70 except as otherwise indicated: No. N.C., 4 to 20 percent; No. 160, Winston-Salem,’ 375, Phoenix, Ariz., 9 to 20 percent (9-6-69 to N.C., 19 to 31 percent; No. 150, Columbia, tions. Any person aggrieved by the issu­ 9-5-70); No. 1138, Silver Spring, Md„ 0 to 11 S.C., 6 to 21 percent (salesclerk, stock clerk, ance of any of these certificates may seek 9-8—69 to 9-7-70) ; No. 161, Florence, S.C., a review or reconsideration thereof within percent; No. 343, Hadley, Mass., 7 to 15 6 to 21 percent (salesclerk, stock clerk) • No percent (9-8-69 to 9-7-70); No. 362, Fairborn, 166, Greenwood, S.C., 3 to 16 percent (sales­ thirty days after publication of this no­ Ohio, 6 to 20 percent. tice in the F ederal R egister pursuant to Dick Millett’s Market, foodstore; Provo, clerk); No. 67, North Augusta, S.C., 6 to 21 the provisions of 29 CFR 519.9. Utah; stock clerk, cashier; 26 to 33 percent' percent (9-3-69 to 9-2-70) ; No. 101, Spartan­ 9-10-69 to 9-9-70. burg, S.C., 11 to 27 percent; No. 156, Kings- Signed at Washington, D.C., this 25th Minimax, foodstores for the occupations of port, Tenn., 2 to 8 percent; No. 165, Murfrees- day of November 1969. bagger, carryout, checker, janitorial: 1001 boro, Tenn., 3 to 16 percent (salesclerk) ; No. South Broadway, LaPorte, Tex., 8 to 10 per­ 44> NewPort, Tenn., 1 to 8 percent (9-3-69 to R obert G. Gronewald, cent, 8-26-69 to 8-25-70; 200 North 10th, 9-2-70); No. 66, Blacksburg, Va„ 6 to 16 Authorized Representative McAllen, Tex., 9 to 11 percent, 9-6-69 to percent; No. 89, Charlottesville, Va., 3 to 16 of the Administrator. 9-5-70. percent (salesclerk); No. 54, Danville, Va 5 to 9 percent (9-3-69 to 9-2-70); No. 167 [F.R. Doc. 69-14326; Filed, Dec. 2, 1969; G. C. Murphy Co., variety-department 8:48 a.m.] store; No. 173, Austin, Tex.; janitorial, sales­ Hampton Va., 11 to 39 percent (salesclerk’, clerk, office clerk, stock clerk; 11 to 28 per­ stock clerk); No. 168, Hopewell, Va„ 3 to 16 cent; 9-5-69 to 9-4-70. percent (salesclerk); No. 84, Lexington, Va. Parisian Mercantile Corp., department 3 to 16 percent (salesclerk) ; No. 158, Mar- a yTa-> 5 to 9 percent (salesclerk, store; Nogales, Ariz.; salesclerk, marker, gift checker); No. 141, Newport News, Va., 13 to INTERSTATE COMMERCE to 9-^70 Clerk’ 1 to 10 Percent>‘ 9-3-69 v i P ice n i (saiesclerk) ; No. 128, Norfolk, Park View Manor, nursing home; Park Ave­ n ò ’ 27 Percent (salesclerk, 9-10-69 to COMMISSION nue, Sac City, Iowa; nurses aide; 4 to 10 9 :_No- 58> Pulaski, Va., 6 to 24 percent; percent; 9-3-69 to 9-2-70. No. 151, Roanoke, Va., 0 to 5 percent; No 113 [S.O. 994; ICC Order 30, Arndt. 3] Wiggly, foodstores: No. 11, Phenix T S £ le r « eaCl1’ V“- 13 *° 31 CHICAGO, ROCK ISLAND AND . sacker> bottle clerk, carryout, jani- Rusty’s Food Centers, Inc., foodstore; 620 n.^1; 10XTto 12 percent, 9-1-69 to 8-31-70; North Second Street, Lawrence, Kans.; sacker PACIFIC RAILROAD CO. an n^0r’ ^ t a g g e r , checker, stock clerk; <0 percent; 8-21-69 to 8-18-70. 9 S ? 4 2 S ; o ca"T out: 1240 20 p " 0“ *' Rerouting or Diversion of Traffic is r w ? Food Town. Inc., foodstore; No. w Sif rling ®tores Co-> Inc-, variety store; 519 Upon further consideration of ICC <>-¿0-698-2R ^ to tan0Oga’ 8-25-70. Tenn-> bagger; 10 percent; Waldron, Corinth, Miss.; salesclerk, stock Order No. 30 (Chicago, Rock Island and clerk, j anitorial ; 12 to 43 percent; 9-6-69 to m^.ylass Apartment Store, variety-depart- o—5—70. Pacific Railroad Cp.) and good cause rnent store; 908-12 Main Street, Lynchburg, appearing therefor: . stores Co-> variety-department market-®^ clerk’ salesclerk, stock clerk, stores for the occupations of salesclerk, stock It is ordered, That: 8-31-70 Cleanup: 13 to 34 percent; 9-1-69 to clerk, office clerk, 2 to 17 percent except as ICC Order No. 30 be, and it is hereby, otherwise indicated, 9-5-69 to 8-4-70 except amended by substituting the following cuoat!nn^ergJS Inc" fo°dstores for the oc- as otherwise indicated: No. 784, Russellville paragraph (g) for paragraph (g) 8-24*69 L marker; 8 per- clerk, office clerk, janitorial; 11 to 28 percent- suspended. Rose’ ~6910 9~1-70- 9-5-69 to 9-4-70. It is further ordered, That this stores^or «i»res’ Inc" variety-department ' Variety Food Store, Inc., foodstore; 3226 amendment shall become effective at clerk, office pupations of salesclerk, stock Wrightsboro Road, Augusta, Ga.; package 11:59 p.m., November 30, 1969, and that wiseWse indipntfierk’indicated” o’ checker excepoexcept as otner-other­ clerk; 13 to 15 percent; 8-22-69 to 8-21-70. this order shall be served upon the As­ “toerwise indieaf f -69 to 9-4-70 except as Warshaw’s Giant Foods, foodstores for the sociation of American Railroads, Car °.3 to 33 atf.d:xTN°- 140’ Coiombus, Ga„ occupations of bagger, carryout, 26 to 33 per­ 13 to 30 ent’ ^°- H> Gainesville, Ga., cent, 9-10-69 to 9-9-70; 850 South Ninth East Service Division, as agent of all rail­ decker vri^ent (stock clerk, salesclerk, Salt Lake City, Utah; 5520 Van Winkle Ex­ roads subscribing to the car service and Writer)’Nq ^ t,rimmer> marker, order pressway, Salt Lake City, Utah. per diem agreement under the terms of tout (stock ciltv Va!dosta’ G a > 13 to 32 Per- Younker Brothers, Inc., department stores that agreement; and that it be filed with trimmer order ’ salesclerk, checker, window for the occupations of salesclerk, stock clerk l15' Louisvile r teI ’ marker); Nos. 6 and wrapper, messenger, delivery clerk, porter! the Director, Office of the Federal cle Burling- percent; 4444 First Avenue NE., Cedar Rapids, Ï^-Charloîte^fflol (9^ “69 to 9-2-70); Iowa, 2 to 9 percent; 1550 East Douglas, Des I nterstate Commerce er*. checker^’iker noC'ìÌ^ to 27 Percent (sales- Commission, *2 Percent;i NoN tkk « 7> Durham> N.C., 6 to Moines, Iowa, 5 to 10 percent (stock clerk, [SEAL I R. D. PFAHLER, Pwceut (9-3 rq I55! Qastonia, N.C., 11 to 27 wrapper, messenger, porter, marker, cleanup! Agent. W N.C.,v “ l HjM i11 ? î 2 oo ^ w ~ r ; > •k,v'* No. ioi. 132, wGreens- eeos- office clerk, delivery clerk) ; 1501 First Avenue 28 Percent; No. 152, Greens- [F.R. Doc. 69-14336; Filed, Dec. 2, 1969; East, Newton, Iowa, 0.6 to 8 percent; 1950 8:48 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19174 NOTICES sylvania Highway 92 to junction U.S. [Notice 578] state Highway 80 to junction U.S. High­ way 220 at Milesburg, Pa., thence over Highway 11, thence over U.S. Highway MOTOR CARRIER ALTERNATE U.S. Highway 220 to junction U.S. High­ 11 to junction U.S. Highway 22, thence ROUTE DEVIATION NOTICES way 322 at Martha Furnace, Pa., thence over U.S. Highway 22 to Harrisburg, Pa., and (2) from Harrisburg, Pa., over U.S. November 28,1969. over U.S. Highway 322 to junction U.S. Highway 11 at Amity Hall, Pa., thence Highway 230 to junction U.S. Highway 30 The following letter-notices of pro­ over U.S. Highway 11 to Exit No. 16 of at Lancaster, Pa., thence over U.S. High­ posals to operate over deviation routes the Pennsylvania Turnpike at or near way 30 to junction Pennsylvania High­ for operating convenience only have Carlisle, Pa. (also over the described way 41, thence over Pennsylvania High­ been filed with the Interstate Commerce route to junction U.S. Highway 11 at way 41 to the Pennsylvania-Delaware Commission, under the Commission’s Amity Hall, Pa., thence over U.S. High­ State line, thence over Delaware High­ Deviation Rules Revised, 1957 (49 CFR way 11 to junction Interstate Highway way 41 to Wilmington, Del., thence over 1042.1(c)(8)) and notice thereof to all 81 at or near Marysville, Pa., thence over U.S. Highway 13 to Philadelphia, Pa., interested persons is hereby given as pro­ Interstate Highway 81 to Exit No. 16 of and return over the same routes. vided in such rules (49 CFR 1042.1 the Pennsylvania Turnpike, at or near No. MC 109026 (Deviation No. 1), (d )(4)). Carlisle, Pa., and (2) from junction In­ MANNING MOTOR EXPRESS, INC., Protests against the use of any pro­ terstate Highway 80 and the Ohio Turn­ 1112 West Main Street, Glasgow, Ky. posed deviation route herein described pike at Exit No. 15 over Interstate High­ 42141, filed November 20, 1969. Carrier’s may be filed with the Interstate Com­ way 80 to junction U.S. Highway 322 at representative: Walter Harwood, Suite merce Commission in the manner and or near Clearfield, Pa., thence over U.S. 1822, Parkway Towers, 404 James Rob­ form provided in such rules (49 CFR Highway 322 to junction U.S. Highway ertson Parkway, Nashville, Tenn. 37219. 1042.1(e)) at any time, but will not oper­ 11 at Amity Hall, Pa., thence over U.S. Carrier proposes to operate as a common ate to stay commencement of the pro­ Highway 11 to Exit No. 16 of the Penn­ carrier, by motor vehicle, of general com­ posed operations unless filed within 30 sylvania Turnpike, at or near Carlisle, modities, with certain exceptions, over days from the date of publication. Pa. (also over the described route to deviation route as follows: From West­ Successively filed letter-notices of the junction U.S. Highway 11 at Amity Hall, moreland, Tenn., over U.S. Highway 31- same carrier under the Commission’s Pa., thence over U.S. Highway 11 to E to Scottsville, Ky., thence over Ken­ Deviation Rules Revised, 1957, will be junction Interstate Highway 81 at or tucky Highway 100 to Gamaliel, Ky., and numbered consecutively for convenience near Marysville, Pa., thence over Inter­ return over the same route, for operat­ in identification and protests if any state Highway 81 to Exit No. 16 of the ing convenience only. The notice indi­ should refer to such letter-notices by Pennsylvania Turnpike, at or near Car­ cates that the carrier is presently au­ number. thorized to transport the same commodi­ lisle, Pa., and return over the same ties, over pertinent service routes as Motor Carriers of P roperty routes, for operating convenience only. follows: (1) From Nashville, Tenn., over No. MC 2202 (Deviation No. 113), The notice indicates that the carrier is, U.S. Highway 31-E to Westmoreland, ROADWAY EXPRESS, INC., 1077 Gorge presently authorized to transport the’ Tenn., thence over Tennessee Highway Boulevard, Post Office Box 471, Akron, same commodities, over a pertinent serv­ 52 to Celina, Tenn., and (2) from Red Ohio 44309, filed November 14, 1969. ice route as follows: From Exit No. 15 Boiling Springs, Tenn., over Tennessee Carrier proposes to operate as a common of the Ohio Turnpike over the Ohio Highway 56 to the Tennessee-Kentucky carrier, by motor vehicle, of general com­ Turnpike to the Pennsylvania Turnpike, State line, thence over Kentucky High­ thence over the Pennsylvania Turnpike way 63 to Tompkinsville, Ky., thence over modities, with certain exceptions, over to Exit No. 16 at or near Carlisle, Pa., and deviation routes as follows: (1) from Kentucky Highway 163 to the Kentucky- Hattiesburg, Miss., over U.S. Highway 98 return over the same route. Tennessee State line, thence over Ten­ to McComb, Miss., thence over Missis­ No. MC 87109 (Deviation No. 1), nessee Highway 51 to junction Tennessee sippi Highway 48 to Liberty, Miss., thence TIDEWATER INLAND EXPRESS, INC., Highway 52, and return over the same over Mississippi Highway 569 to the Mis­ doing business as T.I.E., Rehoboth routes. sissippi-Louisiana State line, thence over Boulevard, Milford, Del. 19963, filed No. MC 127321 (Deviation No. D, Louisiana Highway 67 to Baton Rouge, November 17, 1969. Carrier proposed to RITEWAY TRUCKING CO., INC., 1650 La., and (2) from Hattiesburg, Miss., operate as a common carrier, by motor The Grant Street Building, Denver, Colo. over U.S. Highway 98 to McComb, Miss., vehicle, of general commodities, with cer­ 80203, filed November 13, 1969. Carrier thence over Mississippi Highway 48 to tain exceptions, over deviation routes proposes to operate as a common car­ Centerville, Miss., thence over Mississippi as follows: (1) From Syracuse, N.Y., over rier, by motor vehicle, ot^general com­ Interstate Highway 81 to junction with modities, with certain exceptions, ove Highway 33 to the Mississippi-Louisdana the Northeast Extension of the Penn­ State line, thence over Louisiana High­ a deviation route as follows: Betwee way 19 to Baton Rouge, La., and return sylvania Turnpike at or near Scranton, Kansas City, Mo., and Des Moines, Io . over the same routes, for operating con­ Pa., thence over the Northeast Extension over Interstate Highway 35, for ope of the Pennsylvania Turnpike to junc­ ating convenience only. The notice mai- venience only. The notice indicates that tion Interstate Highway 78, thence over the carrier is presently authorized to cates that the carrier is Pres™ transport the same commodities, over a Interstate Highway 78 to Harrisburg, authorized to transport the same co Pa., (2) from Syracuse, N.Y., over Inter­ modities, over a pertinent service ro pertinent service route as follows: from state Highway 81 to junction Interstate Hattiesburg, Miss., over U.S. Highway 11 as follows: Between Kansas City, j Highway 78, thence over Interstate and Des Moines, Iowa, over U.S. mgi to junction Mississippi Highway 26, Highway 78 to Harrisburg, Pa., and (3) thence over Mississippi Highway 26 to from Syracuse, N.Y., over Interstate way 69. the Mississippi-Louisiana State line, Highway 81 to junction with the North­ Motor Carriers of Passengers thence over Louisiana Highway 10 to east Extension of the Pennsylvania Bogalusa, La., thence over Louisiana No. MC 1515 (Deviation n^ p5f3y_ Turnpike at nr near Scranton, Pa., Cancels Deviation No. 419)- ^ : n) Highway 21 to Covington, La., thence thence over the Northeast Extension of IOUND LINES, INC. (Eastern Division, over U.S. Highway 190 to Baton Rouge, the Pennsylvania Turnpike to junction 400 West 3d Street, CieyelanfL ow La., and return over the same route. Interstate Highway 76 at or near Norris­ 4113, filed November 18, 1969-£ a „ar. No. MC 59680 (Deviation No. 80), town, Pa., thence over Interstate High­ proposes to operate as a comm . and STRICKLAND TRANSPORTATION way 76 to Philadelphia, Pa., and return ier, by motor vehicle, of Passe7‘f, eWS. CO., INC., Post Office Box 5689, Dallas, over the same routes, for operating con­ heir baggage, and express dnd ,. Tex.' 75222, filed November 19,1969. Car­ venience only. The notice indicates that >apers in the same vehicle with P g. rier proposes to operate as a common the carrier is presently authorized to ;ers, over deviation routes a® w carrier, by motor vehicle, of general com­ transport the same commodities, over 1) From junction U.S. Hl^way 25 modities, with certain exceptions, over rnd Interstate Highway 40 aPP* deviation routes as follow: (1) From pertinent service routes as follows: (1 ) From Syracuse, N.Y., over U.S. Highway lately 3 miles west of D a n d rid g e ,^ junction Interstate Highway 80 and the hence over Interstate Highw y Ohio Turnpike at Exit No. 15, over Inter- 11 to Nicholson, Pa., thence over Penn-

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19175 junction U.S. Highway 276, at Cove press and newspapers in the same vehicle the F ederal R egister issue of July 10, Creek, N.C., thence over U.S. Highway with passengers, over a deviation route 1969, and republished this issue. Appli­ 276 to junction U.S, Highway 19 at Dell- as follows: Between Sharon, Vt„ and cant: THE J. W. JONES & SON COM­ wood, N.C., thence over U.S. Highway 19 Bethel, Vt., over Interstate Highway 89, PANY, a corporation, Post Office Box to junction access road, near Clyde, N.C., for operating convenience only. The no­ 148, Youngstown, Ohio 44501. Appli­ thence over access road to junction In­ tice indicates that the carrier is presently cant’s representative: John R. Sims, Jr., terstate Highway 40, thence over Inter­ authorized to transport passengers and 711 14th Street NW., Washington, D.C. state Highway 40 to junction access road, the same property, over a pertinent serv­ 20005. By application filed June 11,1969, thence over access road to junction U.S. ice route as follows: Prom Burlington, as amended, applicant seeks a certificate Highway 19 near Luther, N.C., thence Vt. over U.S. Highway 2 to junction Ver­ of public convenience and necessity au­ over U.S. Highway 19 to Asheville, N.C., mont Highway 12, thence over Vermont thorizing operation in interstate or for­ (2) from Dandridge, Tenn., over U.S. Highway 12 to junction Vermont High­ eign commerce, as a common carrier by Highway 25-W to junction Tennessee way 107, thence over Vermont Highway motor vehicle, over irregular routes, of Highway 92, thence over Tennessee 107 to junction Vermont Highway 14, fresh meats, packinghouse products, and Highway 92 to junction Interstate High­ thence over Vermont Highway 14, to dairy products from and to the points in­ way 40, (3) from Dandridge, Tenn., over junction U.S. Highway 5, thence over dicated below, restricted to distribution U.S. Highway 25-W to jmiction Tennes­ U.S. Highway 5 to Ascutney, Vt., and service from pool cars or pool trucks, see Highway 113, thence over Tennessee return over the same route. Highway 113 to junction Interstate High­ having a prior movement by rail, motor way 40, and (4) from Newport, Tenn., No. MC 124935 (Deviation No. 2), AL­ or rail piggyback. An order of the Com­ over Tennessee Highway 32 to junction MEIDA BUS LINES, INC., Box A-954, mission, Operating Rights Board, dated Interstate Highway 40, and return over New Bedford, Mass. 02740, filed Novem­ October 31, 1969, and served Novem­ the same routes, for operating conven­ ber 13, 1969. Carrier’s representative: ber 12, 1969, finds that the present and ience only. The notice indicates that the Mary E. Kelly, 11 Riverside Avenue, future public convenience and necessity carrier is presently authorized to trans­ Medford, Mass. 02155. Carrier proposes require operation by applicant, in inter­ port passengers and the same property to operate as a common carrier, by mo­ state or foreign commerce, as a common over a pertinent service route as follows: tor vehicle, of passengers and their carrier, by motor vehicle, over irregular from Knoxville, Tenn., over U.S. High­ baggage, and express and newspapers in routes, of meats, meat products, meat by­ way 25-W to Newport, Tenn., thence over the same vehicle with passengers, over products, dairy products, and articles dis­ U.S. Highway 25 to Asheville, N.C., and a deviation route as follows: Prom Junc­ tributed by meat packinghouses, as de­ return over the same route. tion Rhode Island Highways 138 and scribed in Appendix I to the report in No. MC 1515 (Deviation No. 538), 114 in Portsmouth, R I, over Rhode Is­ Descriptions in Motor Carrier Certifi­ GREYHOUND LINES, INC. (Eastern land Highway 114 to junction Rhode cates, 61 M.C.C. 209 and 766, from Division), 1400 West Third Street, Island Highway 138 in Middletown, R.L, Youngstown, Ohio, to points in Belmont Cleveland, Ohio 44113, filed November 20, and return over the same route, for and Jefferson Counties, Ohio: Brooke, 1969. Carrier proposes to operate as a operating convenience only. The notice Hancock, Marshall, and Ohio Coun­ common carrier, by motor vehicle, of indicates that the carrier is presently ties, W. Va., and points in Allegheny, passengers and their baggage, and ex­ authorized to transport passengers and Greene, Washington, Fayette, Westmore­ press and newspapers in the same vehicle the same property, over a pertinent land, Armstrong, Cambria, and Indiana with passengers, over deviation routes as service route as follows: between Ports­ Counties, Pa., restricted to a pool-cars follows: Cl) Prom Columbia, N.J., over mouth, R.I., and Middletown, R.I., over or pool-trucks distribution service; that Interstate Highway 80 to junction Inter­ Rhode Island Highway 138. applicant is fit, willing, and able properly state Highway 8 IE, thence over Inter­ By the Commission. to perform such service and ta conform state Highway 81E to junction Pennsyl­ to the requirements of the Interstate [seal] h . Neil Garson, vania Highway 307, (2 ) from Strouds- Commerce Act and the Commission’s ourg pa., over U.S. Highway 611 to Secretary. rules and regulations thereunder ; that to junction Interstate Highway 80, (3 ) [F.R. Doc. 69-14337; Filed, Dec. 2, 1969; the extent that the authority granted rom Tobyhanna, Pa., over Pennsylvania 8:48 a.m.] herein duplicates authority now held by highway 423 to junction Interstate High­ applicant, it will be construed as con­ ferring but a single grant of authority. way 8 IE, and (4) from junction U.S. [Notice 1355] highway 611 and Pennsylvania Highway Because it is possible that other persons MOTOR CARRIER APPLICATIONS AND who have relied upon the notice of the £ ?.ver Pennsylvania Highway 507 to application as published, may have an Junction Interstate Highway 8 IE, and CERTAIN OTHER PROCEEDINGS turn over the same routes, for oper- interest in and would be prejudiced by ¡25 convenience only. The notice indi- November 28, 1969. the lack of proper notice of the authority The following publications are gov­ described in the findings in this order, tw the carrier is presently au- a notice of the authority actually granted .“7 “ to transport passengers and the erned by the new Special Rule 247 of the property. over a pertinent service Commission’s rules of practice, pub­ will be published in the F ederal R egis­ ter and issuance of a certificate in this nvprn5S follows: Prom Scranton, Pa., lished in the F ederal R egister, issue tinn V^yivania Highway 307 to junc- of December 3, 1963, which became ef­ proceeding will be withheld for a period fective January 1, 1964. of 30 days from the date of such publica­ Jimp^« T,Hlghway 611 at DalesvHle tion, during which period any proper 6U & ?**’ thence over U.S. Highway The publications hereinafter set forth party in interest may file a petition to wav relocation of U.S. High- reflect the scope of the applications as reopen or for other appropriate relief hanna1 between Ells Corner and Toby- filed by applicant, and may include de­ setting forth in detail the precise man­ Stro,iHchfa‘ _via M°unt Pocono and scriptions, restrictions, or limitations ner in which it has been so prejudiced. way 4?iXrg’ P a > to junction U.S. High- which are not in a form acceptable to the Commission. Authority which ulti­ No. MC 87909 (Sub-No. 10) (Repub­ Butt2rilleheNeT°Vf Ut?' Highway 46 via tiienop Pme Brook, N.J., mately may be granted as a result of lication), filed December 13, 1968, pub­ N.j ^Jponfleld Avenue to Newark, the applications here noticed will not lished in the F ederal R egister issue of necessarily reflect the phraseology set January 9, 1969, and republished this forth in the application as filed, but also issue. Applicant: ARROW MOTOR same route N Y” and return over the will eliminate any restrictions which are FREIGHT LINE, INC., 2125 Commercial (Deviation No. 30), not acceptable to the Commission. Street, Waterloo, Iowa 50704. Applicant’s representative: Truman A. Stockton, Jr., i S J CO., INC., Bur- Applications Assigned for Oral H earing The 1650 Grant Street Building, Denver, 1969 A. ^ °5401* filed November 19, Colo. 80202.. The joint board recom­ c o ^ : mer Proposes to operate as a MOTOR CARRIERS OF PROPERTY mended the issuance of a certificate to m n Mrrter, by motor vehicle, of No. MC 72231 (Sub-No. 4) (Republi­ ers and their baggage, and ex­ applicant to operate as a common car­ cation), filed June 11, 1969, published in rier, by motor vehicle, in interstate or

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19176 NOTICES foreign commerce, over irregular routes, Operating rights sought to be controlled: Building, Indianapolis, Ind. 46204, and of flour, in bags, from Hastings, Minn., General commodities, .excepting among should not be directed to the Interstate to Waterloo, Iowa, restricted to traffic others, Classes A and B explosives, house­ Commerce Commission. originating at the facilities of Peavy hold goods and commodities, as a com­ By the Commission. Flour Mills in Hastings and destined to mon carrier over regular routes, between Swedesboro, N.J., and Philadelphia, Pa., [SEAL] H. Neil G arson, the facilities of ITT Continental Baking Secretary. Co., in Waterloo, Iowa, Chicago, 111., and serving all intermediate points, and cer­ Gary, Ind. The joint board found that tain off-route points in New Jersey. [F.R. Doc. 69-14341; Filed, Dec. 2, 1969; the recommended grant be published in ERDNER BROS. INC., is authorized to 8:49 a.m .] the F ederal R egister and that the is­ operate as a contract carrier in Mary­ suance of a certificate be withheld for a land, New Jersey, Virginia, Delaware, [Notice 949] period of 30 days from the date of such Pennsylvania, and South Carolina. Appli­ publication, during which period any cation has not been filed for temporary MOTOR CARRIER TEMPORARY proper party in interest may file a peti­ authority under section 210a(b). AUTHORITY APPLICATIONS tion to reopen or for other appropriate By the Commission. relief. Although the joint board recom­ November 28, 1969. mended that the authority granted be [ seal] H. Neil G arson, The following are notices of filing of restricted “to traffic originating at the Secretary. applications for temporary authority facilities of Peavy Flour Mills in Hast­ [F.R. Doc. 69-14338; Filed, Dec. 2, 1969; under section 210a(a) of the Interstate ings and destined to the facilities of ITT 8:48 a.m.] Commerce Act provided for under the Continental Baking Co., in Waterloo, new rules of Ex Parte No. MC-67 (49 Iowa, Chicago, HI., and Gary, Ind.,” such CFR Part 1131), published in the Fed­ a restriction prohibits both tacking and NOTICE OF FILING OF MOTOR CAR­ eral R egister, issue of April 27, 1965, interlining at the origin and destination RIER INTRASTATE APPLICATIONS effective July 1, 1965. These rules pro­ vide that protests to the granting of an points without sufficient evidence by the November 28, 1969. Protestants that they would be materially application must be filed with the field adversely affected absent such restric­ The following applications for motor official named in the F ederal R egister tion. See Eldon Miller, Inc., Extension— common carrier authority to operate in publication, within 15 calendar days Liquid Chemicals, 73 M.C.C. 538. Such intrastate commerce seek concurrent after the date of notice of the filing of recommendation is premised on thè er­ motor carrier authorization in interstate the application is published in the Fed­ roneous conclusion of the joint board or foreign commerce within the limits of eral R egister. One copy of such protests that the grant of authority involved the intrastate authority sought, pursuant must be served on the applicant, or its tacking the authority herein with exist­ to section 206(a) (6 ) of the Interstate authorized representative, if any, and the ing authority for the applicant to provide Commerce Act, as amended October 15, protests must certify that such service a through service, whereas involved is 1962. These applications are governed by has been made. The protests must be an interline arrangement. A decision Special Rule 245 (49 CFR 1100.245) of specific as to the service which such pro- and order of the Commission, Review the Commission’s rules of practice, pub­ testant can and will offer, and must con­ Board Number 2, dated November 4, lished in the F ederal R egister, issue of sist of a signed original and six copies. 1969, and served November 7, 1969, finds April 11,1963, page 3533, which provides, A copy of the application is on file, that the restriction recommended by the among Other things, that protests and and can be examined at the Office of the joint board should be, and it is hereby, requests for information concerning the Secretary, Interstate Commerce Com­ eliminated ; that in all other respects the time and place of State Commission mission, Washington, D.C., and also m evidence does not warrant a result dif­ hearings or other proceedings, any sub­ field office to which protests are to be ferent from that reached by the joint sequent changes therein, any other re­ transmitted. lated matters shall be directed to the board, except to the extent noted above, Motor Carriers of P roperty and that the statement of facts, the State Commission with which the appli­ Conclusions, and the findings of the joint cation is filed and shall not be addressed No. MC 2900 (Sub-No. 183 TA).filed board, as modified herein, being proper to or filed with the Interstate Commerce November 19, 1969. Applicant: RYDER and correct in all material respects, Commission. TRUCK LINES, INC., 2050 Kings Road, should be, and they are hereby, affirmed State Dockët No. 3893-A.3 filed No­ Post Office Box 2408, Jacksonville, Fla. and adopted as our own. vember 10, 1969. Applicant: WALTER 32203. Authority sought to operate as a JENNINGS, 398 North Smart Street, common carrier, by motor vehicle, ove Applications Under Sections 5 and 210a Greenwood, Ind. Applicant’s representa­ regular routes, transporting: Genem (b) tive: Leslie Duvall, 1126 Fidelity Build­ commodities, except those of hnusu The following applications are gov­ ing, Indianapolis, Ind. 46204. Certificate value, classes A and B explosives, live­ erned by the Interstate Commerce Com­ of public convenience and necessity stock, household goods as defined. by J mission’s special rules governing notice sought to operate a freight service as Commission, commodities in bulk, a of filing of applications by motor car­ follows: Transportation of general com­ those requiring special equipment, s e - riers of property or passengers under modities, accept commodities in bulk; ing points in Pennsylvana on and ea^ sections 5(a) and 210a(b) of the Inter­ livestock; commodities, which, because of U.S. Highway 11 from the Marylana state Commerce Act and certain other of their size and/or weight require special Pennsylvania State line to its ju n T1i,f,r proceedings with respect thereto. (49 equipment or special handling; house­ with Interstate Highway 83 at otm CFR 1.240). hold goods; dangerous explosives; com­ Harrisburg, Pa., and on and we•. modities of unusual value and those Interstate Highway 83 from Ha _ MOTOR CARRIERS OF PROPERTY commodities injurious or contaminating burg, Pa., to the Maryland*? No. MC-F-10667. Authority sought for to other lading, to and from all points sylvania State line, as off-route P®1 . control by ERDNER BROS., INC., Fow and places in Clark, Scott, Jackson, connection with applicants and Leahy Avenues, Swedesboro, N.J. Bartholomew, Johnson, and Marion route authority between Charlotte, •• 08085, of ANTONIO J. LIEGGI, doing Counties, Ind. Both intrastate and inter­ and New York, N.Y. The present regu^ business as SHOEMAKER’S EXPRESS, state authority sought. route authority is restricted to Swedesboro, N.J. 08085, and for acquisi­ HEARING: Tuesday, December 9, moving from, to or through North tion by E. LARRY ERDNER of Swedes­ 1969 at 9:30 a.m., e.s.t. at State Office lina or South Carolina and the au boro, N.J., of control of ANTONIO J. Building, Room 909, Indianapolis, Indi­ sought here, if granted, will a]® } nt LIEGGI, doing business as SHOEMAK­ ana. Requests for procedural informa­ restricted, for 180 days. Note: Apgica^ ER’S EXPRESS, through the acquisition tion, including the time for filing pro­ intends to tack this authority w* ers; by ERDNER BROS. INC. Applicants’ tests, concerning this application should presently held. Supporting s^ ents representative: M. Bruce Morgan, 201 be addressed to the Indiana Public There are approximately, 17 statem ^ Azar Building, Glen Bumie, Md. 21061. Service Commission, 901 State Office of support attached to the, app

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 NOTICES 19177 which may be examined here at the In­ lication is to show regular routes, in stook, Franklin, Oxford, Penobscot, terstate Commerce Commission, in lieu of irregular. The rest of the applica­ Piscataquis, and Somerset Counties, Washington, D.C., or copies thereof tion remains as published. Maine, and points in Clinton, Essex, which may be examined at the field of­ No. MC 100623 (Sub-No. 16 TA), filed Franklin, Jefferson, Lewis, Onondaga, fice named below. Send protests to: Dis­ November 1£|, 1969. Applicant: HOURLY Oswego, and St. Lawrence Counties, trict Supervisor G. H. Fauss, Jr., Bureau MESSENGERS, INC., doing business as Maine; Restricted to traffic originating in of Operations, Interstate Commerce H. M. PACKAGE DELIVERY SERVICE, Quebec, Canada, for 150 days. Note : The Commission, Box 35008, 400 West Bay 20th and Indiana Avenue, Philadelphia, purpose of this republication is to correct Street, Jacksonville, Fla. 32202. Pa. 19132. Applicant’s representative: an error made in the destination points, No. MC 29120 (Sub-No. 110 TA), filed James W. Patterson, 123 South Broad and also include the restriction which November 20, 1969. Applicant: ALL- Street, Philadelphia, Pa. 19109. Author­ was inadvertently omitted in previous AMERICAN TRANSPORT, INC., 1500 ity sought to operate as a common car­ publication. Supporting shipper: Miron Industrial Avenue, Post Office Box 769, rier, by motor vehicle, over irregular Co., Ltd., 2201 Jarry Street East, Sioux Falls, S. Dak. 57101. Applicant’s routes, transporting: Drugs, medicines, Montreal 455, Province of Quebec, Can­ representative: E. J. Dwyer (same ad­ and pharmaceutical products, from the ada. Send protests to: Martin P. dress as above). Authority sought to op­ facilities of the Upjohn Co. at or near Monaghan, Jr., District Supervisor, In­ erate as a common carrier, by motor Washington, D.C., to points in Delaware, terstate Commerce Commission, Bureau vehicle, over irregular routes, transport­ Maryland, Virginia, and Chester, Dela­ of Operations, 52 State Street, Room 5, ing: Meats, meat products, meat byprod­ ware, Montgomery, Bucks, Berks, Phila­ Montpelier, Vt. 05602. ucts, and articles distributed by meat delphia, Dauphin, Lancaster, Lebanon, No. MC 127832 (&ub-No. 8 TA), filed packinghouses as described in sections Lehigh, Northampton, York, Schuylkill, November 21, 1969. Applicant: C & S A and C of appendix I to the report in Carbon, Monroe, Luzerne, Lackawanna, * TRANSFER INC., Post Office Box 5249, Descriptions in Motor Carrier Certifi­ Adams, Perry, Cumberland, and Frank­ Macon, Ga. 312018. Applicant’s represent­ cates, 61 M.C.C. 209 and 766 (except lin Counties, Pa.; subject to the restric­ ative: William Addams, Suite 527, 1776 commodities in bulk, in tank vehicles, tion that no service shall be rendered in Peachtree Street NW., Atlanta, Ga. and hides), from points in the Omaha, the transportation of any package or 30309. Authority sought to operate as a Nebr., Council Bluffs, Iowa, commercial article weighing more than 50 pounds or common carrier, by motor vehicle, over zone to points in Illinois, Indiana, Iowa, exceeding 108 inches in length and girth irregular routes, transporting: Food­ Michigan, Minnesota, Nebraska, North combined, and no service shall be ren­ stuffs, supplies, and equipment used in Dakota, Ohio, South Dakota, and Wis­ dered in the transportation of packages the operation of cafeterias and restau­ consin, for 180 days. Supporting shipper: or articles weighing in the aggregate rants, between the storage facilities of Beefland International, Inc., 2700 23d more than 500 pounds from the con­ State Wholesale Food, Inc., at or near Avenue, Council Bluffs, Iowa 55501, signee at one location on any one day, Macon, Ga., and Ahoskie, Charlotte, Raymond C. Burke, Vice President. Send for 180 days. Supporting shipper: The Kinston, Lexington, Roanoke Rapids, protests to: J. L. Hammond, District Upjohn Co., 6130 North Capitol Street, Rocky Mount, Siler City, Washington, Supervisor, Interstate Commerce Com- Washington, D.C. Send protests to: Ross and Windsor, N.C., for 180 days. Sup­ jnission, Bureau of Operations, Room porting shipper: State Wholesale Food, 369, Federal Building, Pierre, S. Dak. A. Davis, District Supervisor, Interstate 57501. Commerce Commission, Bureau of Oper­ Inc., Post Office Box 4827, 507 Fifth ations, 900 U.S. Customhouse, Second Street, Macon, Ga. 31208. Send protests No. MC 29990 (Sub-No. 7 TA), file< and Chestnut Streets, Philadelphia, Pa to: William L. Scroggs, District Super­ November 21, 1969. Applicant: BADGEI 19106. visor, Interstate Commerce Commission, jJNES, INC., 3109 West Lisbon Avenue No. MC 119767 (Sub-No. 229 TA), filed Bureau of Operations, Room 309, 1252 Milwaukee, Wis. 53208. Applicant’s rep November 21, 1969. Applicant: BEAVER West Peachtree Street NW., Atlanta, Ga. resentative: Philip H. Porter, 110 Eas TRANSPORT CO., 100 South Calumet 30309. Main Street, Madison, Wis. 53703. Au Street, Burlington, Wis. 53105. Appli­ No. MC 128117 (Sub-No. 8 TA), filed tnority sought to operate as a contract cant’s representative: Fred H. Figge November 21, 1969. Applicant: NOR- earner, by motor vehicle, over irregu- (same address as above). Authority TON-RAMSEY MOTOR LINES, INC., ar routes, transporting: Malt beverages sought to operate as a common carrier, Post Office Box 477, Old Fort, N.C. 28762. hom Sheboygan and La Crosse, Wis., t< by motor vehicle, over irregular routes, Authority sought to operate as a common Pomts in cook, Kane, Lake, McHenry transporting: Nonalcoholic beverages, carrier, by motor vehicle, over irregular n.d ’'Till Counties, HI., with empty con■ from Munster, Ind., to Cincinnati, Ohio, routes, transporting: Lumber, native tuners and rejected shipments, on re- for 180 days. Supporting shipper: Pepsi­ wood, white and dimension lumber, and mi?’ ,150 days- Supporting shippers Cola General Bottlers, Inc., 1745 North wood furniture parts in the white, from ml u Riobon Products Co., 2410 McDon- Kolmar Avenue, Chicago, 111. 60639, (A. J. Dumas, Ark., to points in Henry County, ough street, Joliet, 111. 60436 (James Croce, Purchasing Agent and Traffic Va., and points in Iredell and Davidson 2 L erg?n' President); Geneva Bottling Manager). Send protests to: District Counties, N.C., for 180 days. Supporting rw.« ^nc‘> 302-324 North River Lane Supervisor Lyle D. Heifer, Interstate shippers: Bassett Furniture Industries, P riJiw F' 60134 (C- Goggrano, Vies Commerce Commission, Bureau of Bassett, Va. 24055; Puryear Wood Prod­ ’ KaPella Distributing Co. Operations, 135 West Wells Street, Room ucts Co., Inc., Dumas, Ark. 71639. Send S** ^Leo E- Guscheau, Owner); 807, Milwaukee, Wis. 53203. protests to: Jack K. Huff, District Su­ & Rezich, 2938 East 95th Street No. MC 123233 (Sub-No. 22 TA) (Cor­ pervisor, Interstate Commerce Commis­ Partner\. Id‘ 6061T (Dorothy Rezich rection) , filed November 6, 1969, pub­ sion, Bureau of Operations, 316 East Beer Santi Distributing Blati lished in the F ederal R egister, issue of Morehead, Suite 417 (BSR Building), 111 fiOR;i0l Wentworth Avenue, Chicago November 19, 1969, and republished as Charlotte, N.C. 28202. P erS r ®end Protests to: District Su- corrected this issue. Applicant: PRO­ No. MC 134000 (Sub-No. 1 TA), filed merre «kyle D. Heifer, Interstate Com- VOST CARTAGE INC., 7887 Second November 21, 1969. Applicant: ROBERT tions6 1 Bureau Opera- Avenue, Ville D’Anjou 436, Province of E. BAILEY, 1424 Northeast Dekum Milwant5 ^ est Wells Street, Room 807, Quebec, Canada. Authority sought to Street, Portland, Oreg. 97211. Authority operate as a common carrier, by motor sought to operate as a contract carrier, tion)‘ fiS i« 35 (Sub' No- 3 TA) (Correc- vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, November 7. 1969, published ing: Cement, in bulk, in hopper-type transporting: Iron and steel and iron ber 21 REGISTEa> issue of Novem- vehicles, and cement in bags, from ports and steel products, machinery, and boats, issue ’ An i»and republished in part, this of entry on the United States-Canada between Portland, Oreg., and points in pER o o K i*Cxnt: CLOQUET TRANS- boundary line at or near Trout River, the continental United States limited to ^ n C& Y*,107 Avenue c > Cloquet, N.Y., Champlain, N.Y., Highgate Springs, service under a continuing contract or Arnold A+d°‘ Applicant’s representative: Derby Line, and Norton, Vt., and Jack- contracts with the Albina Corp., Port­ Note- th« °°d ^same address as above) . man, Maine, to points in Vermont and land, Oreg., for 180 days. Supporting e Purpose of this partial repub­ New Hampshire, and to points in Aroo­ shipper: The Albina Corp., 3810 North

No. 231- FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 19178 NOTICES Baltimore, Md.; District of Columbia; issued by the Illinois Commerce Mississippi Avenue, Portland, Oreg. Commission. 97227. Send protests to: District Super­ Washington National Airport, Washing­ ton, D.C., for 180 days. Supporting ship­ No. MC-FC-71702. By order of Novem­ visor W. J. Huetig, Interstate Commerce ber 20, 1969, the Motor Carrier Board Commission, Bureau of Operations, 450 pers: There are approximately 16 state­ ments of support attached to the appli­ approved the transfer to Geraldine Sei­ Multnomah Building, 120 Southwest fert, doing business as Seifert Trucking, Fourth Avenue, Portland, Oreg. 97204. cation, which may be examined here at the Interstate Commerce Commission in Fairbury, Nebr., of Certificates Nos. MC- No. MC 134129 (Sub-No. 1 TA) 96441 and MC-96441 (Sub-No. 2) issued (Amendment), filed October 29, 1969, Washington, D.C., or copies thereof which may be examined at the field office October 23, 1957 and July 23, 1958, re­ published F ederal R egister, issue of No­ spectively, to Ben Seifert, Fairbury, vember 5, 1969, and republished as named below. Send protests to: Paul J. Lowry, District Supervisor, Interstate Nebr., authorizing the transportation of amended this issue. Applicant: WIL­ various building materials, i.e., brick, tile, LIAM A. LONG, Bealeton, Va. 22712. Ap­ Commerce Commission, Bureau of Op­ erations, »206 Old Post Office Building, cement, etc., lubricating oils, agricultural plicant’s representative: Daniel B. John­ implements, farm machinery, and parts, son, 716 Perpetual Building, 1111 E Salisbury, Md. 21801. emigrant movables, and other specified Street, NW., Washington, D.C. 20004. By the Commission. commodities, serving various points and Authority sought to operate as a con­ [seal] H. N eil G arson, areas in Nebraska, Kansas, Missouri, and tract carrier, by motor vehicle, over ir­ Secretary. Iowa. C. E. Danley, Box 362, Beatrice, regular routes, transporting: (1) Culvert Nebr. 68310, attorney for applicants. pipe, culvert sectional plate, and cou­ [F.R. Doc. 69-14339; Filed, Dec. 2, 1969; No. MC-FC-71710. By order of Novem­ plings and coatings for culvert pipe and 8:49 a.m.] ber 20, 1969, the Motor Carrier Board sections, from Cessna, Pa., to Bealeton, approved the transfer to Robert Kringen, Va.; (2) culvert "banding and coupling [Notice 453] doing business as Kringen Truck Line, materials, coatings and steel plates used Grand Forks, N. Dak. of permit No. MC- in the manufacture of culvert pipe and MOTOR CARRIER TRANSFER 116822 issued April 15, 1969, to Leonard couplings, from Bealeton, Va., to Cessna, PROCEEDINGS Jenkins, doing business as Jenkins 'Duck Pa.; and (3) steel coil, from the plantsite N ovember 28, 1969. Line, Grand Forks, N. Dak., authorizing of Bethlehem Steel Corp., at Sparrows the transportation of manufactured dry Point, Md., to Cessna, Pa., for 180 days. Synopses of orders entered pursuant to fertilizer, in bulk or in bags, and insec­ Noth: The purpose of this republication section 212(b) of the Interstate Com­ ticides, from Grand Forks, N. Dak., to is to show that application has been merce Act, and rules and regulations pre­ points in Kittson, Marshall, Polk, Nor­ amended to read Cessna, Pa., in lieu of scribed thereunder (49 CFR Part 1132), man Clay, Roseau, Pennington, Rea Bedford, Pa. Supporting shipper: Lane appear below: Lake, Mahnomen, Becker, Clearwater, Juniata, Inc., Post Office Box 164, Bed­ As provided in the Commission’s spe­ Beltrami, Lake of the Woods, and Witt® ford, Pa. 15522. Send protests to: Robert cial rules of practice any interested per­ Counties, Minn. E. J. Hanson, Post Office D. Caldwell, District Supervisor, Inter­ son may file a petition seeking recon­ Box 1177, Grand Forks, N. Dak. 58201, state Commerce Commission, Bureau of sideration of the following numbered registered practitioner for applicants. Operations, 12th and Constitution Ave­ proceedings within 20 days from the date No. MC-FC-71717. By order of Novem­ nue NW., Room 2210, Washington, D.C. of publication of this notice. Pursuant to ber 20,1969, the Motor Carrier Board au­ 20423. N o te: The above service is to be section 17(8) of the Interstate Com­ thorized Tours & Trips, Inc., Indianapolis. performed under continuing contracts merce Act, the filing of such a petition Ind., to acquire control of GausepoW with Lane Juniata, Inc., of Bedford, Pa., will postpone the effective date of the Travel Services, Inc., Indianapolis, and its affiliate, Lane Penn Carva, Inc., order in that proceeding pending its dis­ which latter corporation, pursuant w of Bealeton, Va. position. The matters relied upon by peti­ license No. MC-12621 issued October iu, M otor Carrier of P assengers tioners must be specified in their peti­ 1955, holds authority to engageinoper^ tions with particularity. tions as a broker in connection with tne No. MC 129768 (Sub-No. 5 TA), filed No. MC-FC-71699. By order of Novem­ November 21,1969. Applicant: EDWARD transportation of passengers and tneu ber 20, 1969, the Motor Carrier Board baggage, in round-trip tours, beginning S. JOHNSON, doing business as JOHN­ approved the transfer to Terminal Ware­ SON’S LIMOUSINE SERVICE, Post Of­ house & Transfer Co., a corporation, 815 and ending at points in Indiana, wi fice Box 215, Frederica, Del. 19946. Au­ North Randolph, Champaign, 111. 61820, 25 miles of Indianapolis, including thority sought to operate as a common of certificate of registration No. MC- dianapolis, and extending to all poffijs carrier, by motor vehicle, over irregular 120857 (Sub-No. 1) issued December 9, in the United States. Donald W. SmK® routes, transporting: Passengers and 1963, to Austin D. Roberts, doing busi­ Smith and Minton, 900 Circle Tower their baggage, transporting not more ness as Terminal Warehouse & Transfer Building, Indianapolis, Ind. 46204, atto than 11 passengers in any one vehicle, in Co., 815 North Randolph, Champaign, special operations, between points in HI. 61820, evidencing a right to engage ney for applicants. Kent County, Del., and Philadelphia, Pa.; in transportation in interstate or for­ [SE41] H. NEH. Philadelphia International Airport, eign commerce, corresponding in scope Philadelphia, Pa.; New York, N.Y.; John to the grant of authority in certificate [F.R. Doc. 69-14340; Filed, Dec. 2, 19*' F. Kennedy Airport, New York, N.Y.; 8:49 am.] Baltimore, Md.; Friendship Airport, No. 6434 MC dated January 17, 1956,

FEDERAL REGISTER, VOL. 34, NO. 231— WEDNESDAY, DECEMBER 3, 1969 FEDERAL REGISTER 1 9 1 7 9 CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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

1 CFR _ Page 7 CFR—Continued Page 14 CFR Page Ch. I— ------19106 P roposed R ules—Continued 71------19073,19130 1046——------19078 9 1 ------3 C F R 1049 ------19078 í o í ------19133 Executive Order: 1050 ------19078 127------19134 1060------19078 135------19Í34 11498...... 1...... 19125 1061------—------19078 OOD______1062------19078 Proposed Rules: 7 C F R 1063— ------19078 1064------19078 37 101------19060 71______102------19060 1065— — ------19078 1068------— — 19078 103 ------;------19060 16 CFR 104 - 19060 1069—------19078 105 ----- 19060 1070 ------19078 13______106 ------_ 19060 1071 ------19078 15 ____ _ 107 ------19060 1073.------___ 19078 108 ------19060 1075 ------19078 21 CFR 1076 ------19078 111------19060 1078 ------19078 14______301 ■ ■ J ------19061 121------1 0(179 10140 718___ 1079 ------19078 ------19063 1090------19078 Proposed Rules: 725______~ ------19127 728__ 1094-1------igo78 18______------19063 1096 ------19078 777.. ... _ I ------19063 827.. . 1097 ------19078 24 CFR ------19063 1098 ------19078 871___ _ T—------19064 200______905__ / _ ~ ~ ------19067 1099 ------19078 9 0 7 -.. ------19068 29 CFR 910___ íío“ : : : : : ------19078 ------19128 1103 _____ 50— _____ 945— ------19068 19078 1104 ______19078 ______Proposed Rules: 1108------19078 41 CFR 905-_ ------. 19078 ¡ÍX¡¡— ------— ------19078 í - i — ___ 1001.. ______------___ 19078 lío?------19078 101-39______1002. ------— 19075 1003 ------19078 101-43___ .19078 í m : : : : : ------19078 1004 ______. 19078 19078 1005— 1126____ 19078 46 CFR . 19078 1127—___ 1006- 19078 19078 1007.. ? 1128------——------!9078 1011.. — 19078 1129 19078 19078 1012. 1180------19078 47 CFR 1013- 19078 1131 19078 19078 Proposed Rules: 1015. " ' 1132 19078 1016. 19078 1133 1 ___ _ 19078 19078 61— ___ 1030.. " 19078 JS!— ------19078 1032------íío?------19078 1033- 19078 4 * CFR 19078 1138------— ------19078 1034- " -~ 1AdB------19078 1033.______1035 ------19078 1036.1 ------19078 9 CFR Proposed Rules: 1040 ~ " ------19078 1048__ 1___ . 104!"------— 19078’ 19142 76------19128, 19129 1043 ~ — ------^— 19078 50 CFR 1044 ------190 78 13 CFR ——------—^------19078 12______121. 19129

/

United States Government Organization MANUAL 1 9 6 9 -7 0

A United States^ Government Organization i government 1969-70 ^Ge#ai,Seryices Administration| Presents essential information about Government agencies (updated and republished annually)« Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, a~~.-a.~~mZi n ^ y y &**>£»> businessmen, and lawyers who « c ^ / / . ^ u/£*A\rJ*A'^~lr*r‘~s.------7------* .***4^/6.S~~*.■„/>',.y>^~*"* ^i*,.«**, , *7'±\* need current official information •s 'jsfeXv about the U.S. Government. QjfaiM.j. "'**>'■ The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA. >*v . 1i-|^L)<^)'ir

wy<>»> Order from Superintendent of Documen s, U.S. Government Printing Office, Washington, D.C. 20402.