FEDERAL REGISTER VOLUME 33 • NUMBER 35 Tuesday, February 20,1968 • Washington, D.C. Pages 3163-3207

Agencies in this issue— Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Commerce Department Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Trade Commission Fiscal Service Fish and Wildlife Service Foreign Direct Investments Office Indian Affairs Bureau Interstate Commerce Commission Land Management Bureau Maritime Administration Packers and Stockyards Administration Securities and Exchange Commission Veterans Administration Wage and Hour Division Detailed list o f Contents appears inside. How To Find U.S. Statutes and United States Code Citations

[Revised Edition—1965]

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AGRICULTURE DEPARTMENT FEDERAL COMMUNICATIONS FISH AND WILDLIFE SERVICE See Consumer and Marketing COMMISSION Rules and Regulations Service; Packers and Stock- Parker River National Wildlife yards Administration. Rules and Regulations Refuge, Mass.; public access, Miscellaneous amendments to use, and recreation______3186 ATOMIC ENERGY COMMISSION chapter------3176 FOREIGN DIRECT INVEST­ Notices Proposed Rule Making California Nuclear, Inc.; issuance Stations in community antenna MENTS OFFICE of amendment of byproduct relay service; transmission of Notices source, and special nuclear—- program material originated by Base period report of direct in­ material license------— 3195 CATV systems------3188 vestors; issuance of Form FDI- 101 and supplements______3194 CIVIL AERONAUTICS BOARD FEDERAL MARITIME Notices INDIAN AFFAIRS BUREAU Air Transport Association; agree­ COMMISSION Notices ment relating to special com­ Notices Area office redelegation orders; modity rates------3195 Agreements filed for approval: delegations of authorities re­ North Atlantic United Kingdom garding Indian health matters; CIVIL SERVICE COMMISSION Freight Conference______3196 deletions ______3193 Rules and Regulations Rumania/United States Atlan­ INTERIOR DEPARTMENT Excepted service: tic Rate Agreement------3196 Naviera Cruceros, S.A. (Cruise See Fish and Wildlife Service; In­ Commerce Department------— 3167 dian Affairs Bureau; Land Man­ Treasury Department------3167 Shipping C o.): Financial responsibility to meet agement Bureau. COAST GUARD liability incurred for death or injury to passengers or other INTERSTATE COMMERCE Rules and Regulations persons on voyages------3195 COMMISSION Drawbridge operation regulations; Indemnification of passengers Alloway Creek, N.J______3172 for nonperformance of trans­ Notices Long Beach Entrance Channel» 3172 portation ______3196 Motor carrier: Temporary authority applica­ COMMERCE DEPARTMENT FEDERAL POWER COMMISSION tions (2 documents)— 3201, 3203 Transfer proceedings______3204 See Foreign Direct Investments Notices Organization minutes; organiza­ Office; Maritime Administra­ Hearings, etc.: tion of divisions and boards and tion; Patent Office. assignment of work------3205 Holly Oil Co., et al______3199 CONSUMER AND MARKETING Kansas-Nebraska Natural Gas LABOR DEPARTMENT SERVICE Co., Inc. 3200 See Wage and Horn Division. Rules and Regulations FEDERAL TRADE COMMISSION LAND MANAGEMENT BUREAU Lemons grown in California and Arizona; handling limitations_3168 Rules and Regulations Notices Valencia oranges grown in Arizona Administrative opinions and rul­ Wyoming; notice of proposed and designated part of Cali­ ings: withdrawal and reservation of fornia; miscellaneous amend­ lands______3194 ments ___ 3167 Clearance denied for merger of competing milk companies— 3170 MARITIME ADMINISTRATION CUSTOMS BUREAU Substitution of merchandise un­ lawful even though equivalent Notices Notices in grade, quality and appear­ National Bank of North America; Imported unfinished welding fit­ ance to that ordered by cus­ notice of approval of applicant tings and flanges; ruling on tomers ______3170 as trustee______3195 country of origin marking_____ 3193 Prohibited trade practices: Center Motors, Inc., et al__.___ 3170 PACKERS AND STOCKYARDS federal a v ia t io n Myers, Jewell, Inc., et al______3171 ADMINISTRATION administration Myers, L., Co., et al______3171 Notices Rules and Regulations Proposed Rule Making Bakersfield Cattle Auction et al.,* Airworthiness directives; British Decorative wall paneling Indus­ posted stockyards______3194 Aircraft Corporation Model BAC try; proposed guides______3190 1-11 200 Series airplanes_____ 3168 PATENT OFFICE IFR altitudes; miscellaneous amendments______3168 FISCAL SERVICE Proposed Rule Making Proposed Rule Making Notices Patent cases; forms, and rules of practice; notice of proposed de­ Aircraft dispatcher qualifications» 3187 Guarantee Company of North fensive publication program— 3189 Revision of flight following re­ America; surety company on quirements ______3187 Federal bonds______3193 (Continued on next page) 3165 3166 CONTENTS

SECURITIES AND EXCHANGE TRANSPORTATION DEPARTMENT VETERANS ADMINISTRATION COMMISSION See Coast Guard; Federal Aviation Rules and Regulations Administration. Board of Veterans Appeals; sub­ Notices ject matter of appeals------3176 Hearings, etc.: TREASURY DEPARTMENT' National service life insurance; Allied Products Corp., et al------3196 See Customs Bureau; Fiscal Serv­ miscellaneous amendments------3176 ice. Standards of ethical conduct and Channing International Growth related responsibilities; miscel­ Fund, Inc______— 3197 laneous amendments------3173 L & C, Ltd., and Dillingham Corp______3197 WAGE AND HOUR DIVISION North America Research &. De­ Rules and Regulations velopment Corp__------3198 Overtime compensation; correc­ North American Rockwell Corp_ 3198 tion ______i______3172

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

5 CFR 16 CFR 38 CFR 213 (2 documents)—------3167 13 (3 documents)______•.------3170, 3171 0______3173 15 (2 documents)------3170 6______3176 8______3176 P roposed R ules: 7 CFR 243______3190 19^______3176 908______:______3167 47 CFR 910______3168 29 CFR 2 3176 778______;______- 3172 21___ 3176 14 CFR 74______’ ______3176 33 CFR P roposed R ules : 39______—------3168 117 (2 documents)______- — 3172 95______3168 74__'______3188 P roposed R ules: 37 CFR 50 CFR 121 (2 documents)______3187 P roposed R ules: 28___ r______- 3186 1______3189 3______3189 3167 Rules and Regulations

1. The provisions of § 908.100 Defi­ Title 5— ADMINISTRATIVE Title 7— AGRICULTURE nitions are amended by adding a new paragraph (f) reading as follows: Chapter IX— Consumer and Market­ PERSONNEL ing Service (Marketing Agreements § 908.100 Definitions. * * * * * Chapter I— Civil Service Commission and Orders; Fruits, Vegetables, Nuts), Department of Agriculture (f) Whenever the term “week” or PART 213— EXCEPTED SERVICE “weekly”- appears in Part 908 it shall PART 908— V A L E N C IA ORANGES mean the period from Friday through Treasury Department GROWN IN ARIZONA AND DESIG­ the following Thursday. Section 213.3305 is amended to show NATED PART OF CALIFORNIA 2. Paragraph (d) of § 908.111 is that the position of Staff Assistant to the amended to read as follows: Assistant to the Secretary (Congressional Miscellaneous Amendments §908.111 Allotment loans. Relations) no longer is excepted under Notice was published in the Federal * * * * * Schedule C, and that the position of Staff R egister issue of February 3, 1968 (33 Assistant to the Assistant Secretary for (d) Confirmation. All allotment loans F.R. 2569) that the Department was made on Saturday shall be confirmed as International Affairs is excepted under giving consideration to a proposed Schedule C. Effective on publication in required by § 908.57 but not later than amendment of the rules and regulations 5 p.m. of the following Monday. the Federal R egister, subparagraph (30) (Subpart—Rules and Regulations, 7 of paragraph (a) is revoked, and a new CFR 908.100 et seq.; 32 F.R. 2896, 3688, § 908.112 [Amended] subparagraph (33) is added as set out 7840, 12909) currently in effect pursuant 3. The provisions of § 908.112 are below. to the applicable provisions of the mar­ amended by deleting the language in § 213.3305 Treasury Department. keting agreement, as amended, and paragraph (a) and substituting therefor Order No. 908, as amended (7 CFR Part “Date oranges delivered;” (a) Office of the Secretary. * * * 908), regulating the handling of Valencia (30) [Revoked! oranges grown in Arizona and designated § 908.113 [Amended] * * * * % part of California, effective under the 4. Paragraph (b) of § 908.113 is (33) One Staff Assistant to the Assist­ applicable provisions of the Agricultural amended by deleting the word “Monday” ant Secretary (International Affairs). Marketing Agreement Act of 1937, as wherever it appears and substituting amended (7 U.S.C. 601-674). The pro­ therefor the word “Friday.” (5 U.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, posal was submitted by the Valencia 3 CFR, 1954-58 Comp., p. 218) Orange Administrative Committee, es­ § 908.120 [Amended] United States Civil Serv­ tablished pursuant to the amended mar­ 5. Paragraph (a) of § 908.120 is ice Commission, keting agreement and order as the agency amended by deleting the word “Friday” [seal] James C. Spry, to administer the provisions thereof. wherever it appears and substituting Executive Assistant to The aforesaid proposal of the Valencia therefor the word “Wednesday.” the Commissioners. Orange Administrative Committee also § 908.140 [Amended] contained a recommendation and con­ [F.R. Doc. 68-2076; Filed, Feb. 19, 1968; siderations with respect thereto, regard­ 6. Section 908.140 is amended by de­ 8:47 a.m.] ing an additional proposal that § 908.112 leting the word “Monday” wherever it of the rules and regulations be changed appears and substituting therefor the to provide that handlers shall report the word “Friday.” PART 213— EXCEPTED SERVICE date of delivery of oranges (to a pur­ 7. Section 908.142 (32 F.R. 7840) is chaser or consignee) rather than the amended by designating the present pro­ Department of Commerce date of the applicable weekly regulation visions thereof as paragraph (a) and Section 213.3314 is amended to show period as currently required. However, adding a new paragraph (b) reading as that the position of Director, Office of such additional proposal was inadvert­ follows: ently omitted from the notice that was Foreign Direct Investments is excepted § 908.142 Other reports. published in the F ederal R egister (33 under Schedule C. Effective on publica­ F.R. 2569). (a) * * • tion in the Federal R egister, subpara­ After consideration of all relevant (b) Upon request, each handler shall graph (42) is added to paragraph (a) of matter presented, including that in the submit to the committee a completed § 213.3314 as set out below. notice, the recommendations, considera­ V.O.A.C. Form No. 29—Inventory Report tions, and information submitted by the of Valencia Oranges Controlled, showing § 213.3314 Department of Commerce, committee, and other available informa­ therein: The specified inventory date; (a) Office of the Secretary. * * * tion, it is hereby found that the amend­ variety; field boxes of oranges picked to

* * * * * ment, as hereinafter set forth, of said date; estimated number of field boxes rules and regulations is in accordance (42) Director, Office of Foreign Direct remaining to be picked; field boxes of with said amended marketing agreement oranges in the packinghouse; cartons of Investments. and order and will tend to effectuate the oranges loaded on trucks and rail cars for (5 U.S.C. 3301, 3302, E.O. 10577, 19 FJEt. 7521, declared policy of the act in that it would Friday shipment; number of cartons of 3 CFR. 1954-58 Comp., p. 218) facilitate more efficient scheduling of oranges in storage; number of cartons of shipments of Valencia oranges by han­ oranges on the packinghouse floor; loose United States Civil Serv- dlers and contribute to more effective oranges on hand (converted to cartons); ice Commission, operations under said marketing agree­ oranges on hand for products (converted [seal] James C. S pry, ment and order. to cartons); and the date when the han­ Executive Assistant to Therefore, said rules and regulations dler plans to complete his orange picking the Commissioners. (Subpart—Rules and Regulations, 7 CFR operations. The report shall be signed IF.R. Doc. 68-2075; Filed, Feb. 19, 1968; 908.100 et seq.; 32 F.R. 2896, 3688, 7840, by the handler or by his authorized 8:47 aju.] 12909) are hereby amended as follows: representative.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3168 RULES AND REGULATIONS

It is hereby found that good cause available information, it is hereby found B ritish Aircraft. Applies to BAC 1-11 200 exists for fixing the effective date hereof that the limitation of handling of such Series airplanes. as February 22, 1968—the date specified lemons, as hereinafter provided, will tend Compliance required as indicated. in said notice—and for not postponing To prevent fatigue damage to the Nose to effectuate the declared policy of the Undercarriage Retraction Jack Piston Head, the effective date of this amendment act. P/N AB44-321, accomplish the following: until 30 days after publication in the (2) It is hereby further found that it (a) Within the next 1,000 landings or F ederal R egister (5 U.S.C. 553) in that is impracticable and contrary to the pub­ before the accumulation of 10,000 land­ (1) such amendment should be made lic interest to give preliminary notice, ings, whichever occurs later, replace pre- applicable for the entire season, which is engage in public rule-making procedure, Modification PM 3069 piston heads, P/N •expected to begin February 22, and be and postpone the effective date of this AB44-321, with serviceable piston heads of amendment until 30 days after publica­ the same part number or with BAC Modifi­ available for use by the time wiien week­ cation. PM 3069 piston heads. If pre-Modifi- ly volume regulation may become effec­ tion hereof in the F ederal R egister (5 cation PM 3069 piston heads, P/N AB44-321 tive for the season so as to avoid disrup­ U.S.C. 553) because the time intervening are used as replacements, replace the piston tion of handler operations and to assure between the date when information upon heads at intervals not to exceed 10,000 continuity, on a weekly basis, of regula­ which this amendment is based became landings. tions; (2) the procedures established by available and the time when this amend­ (b) The repetitive replacements required the amendments will provide more flexi­ ment must become effective in order to by paragraph (a) may be discontinued after bility and contribute to more efficient effectuate the declared policy of the act the incorporation of BAC Modification PM operations by handlers and the com­ is insufficient, and this amendment re­ 3069 piston heads. mittee; (3) to be of maximum benefit to lieves restriction on the handling of (c) For the purpose of complying with this AD, subject to acceptance by the assigned handlers and the committee the amend­ lemons grown in California and Arizona. FAA maintenance inspector, the number of ment should be made effective at the Order, as amended. The provisions in landings may be determined by dividing each time specified; and (4) the amendment paragraph (b) (1) (ii) of § 910.607 (Lem­ airplane’s hours’ time in service by the will not require of handlers any special on Reg. 307, 33 F.R. 2836) are hereby operator’s fleet average time from takeoff to preparations to comply therewith which amended to read as follows: landing for the airplane type. cannot be completed by such effective § 910.607 Lemon Regulation 307. (BAC 1-11 Alert Service Bulletin 32-A-PM time. * ♦ * * £ 3069 and BAC 1-11 Service Bulletin 32-PM 3069 cover this subject.) With regard to the amendment of (b) * * * § 908.112 of said rules and regulations, it ( ! ) * * * , This amendment becomes effective is hereby further found that it is imprac­ March 21, 1968. ticable, unnecessary, and contrary to the (ii) District 2: 130,200 cartons. public interest to give preliminary notice ***** (Secs. 313(a), 601, 603, Federal Aviation Act of 1958; 49 U.S.C. 1354(a), 1421,1423) and engage in public rule-making pro­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. cedure in that said amendment will en­ 601-674) Issued in Washington, D.C., on Feb­ able the committee to obtain more ac­ Dated: February 15, 1968. ruary 13,1968. curate and timely information as to the R. S. S liff, respective dates of orange deliveries for P aul A. Nicholson, Acting Director, its records and deliberations relative to Deputy Director, Fruit and Veg­ Flight Standards Service. the need for volume regulation. There­ etable Division, Consumer and fore, to be of maximum benefit this Marketing Service. [F.R. Doc. 68-2067; Filed, Feb. 19, 1968; 8:£5 a.m.] amendment should also be effective on [F.R. Doc. 68-2071; Filed, Feb. 19, 1968; February 22,1968, and such effective date 8:47 a.m.] will not require of handlers any special SUBCHAPTER F— AIR TRAFFIC AND GENERAL preparations to comply therewith which OPERATING RULES cannot be completed by the effective time hereof. Title 14— AERONAUTICS AND [Reg. Docket No. 8731, Amdt. 95-164] (Secs. 1-19, 48 Stat. 31, as amended; 7 SPACE PART 95— IFR ALTITUDES U.S.C. 601-674) Miscellaneous Changes Dated, February 14, 1968, to become Chapter I— Federal Aviation Admin­ effective February 22, 1968. istration, Department of Transpor­ The purpose of this amendment to tation Part 95 of the Federal Aviation Regula­ Paul A. Nicholson, Deputy Director, Fruit and Veg­ SUBCHAPTER C— AIRCRAFT tions is to make changes in the IFR alti­ etable Division, Consumer and [Docket No. 8571; Arndt. 39-556] tudes at which all aircraft shall be flown Marketing Service. over a specified route or portion thereof. PART 39— AIRWORTHINESS [F.R. Doc. 68-2070; Filed, Feb. 19, 1968i These altitudes, when used in conjunc­ 8:46 a.m.] DIRECTIVES tion with the current changeover points British Aircraft Corp. Model BAC for the routes or portions thereof, also assure navigational coverage that is ade­ [Lemon Reg. 307, Arndt. 1] 1—11 200 Series Airplanes A proposal to amend Part 39 of the quate and free of frequency interference PART 910— LEMONS GROWN IN Federal Aviation Regulations to include for that route or portion thereof. CALIFORNIA AND ARIZONA an airworthiness directive (AD) applica­ As a situation exists which demands ble to the BAC 1-11 200 Series airplanes Limitation of Handling immediate action in the interest of requiring replacement of a nose under­ safety, I find that compliance with the Findings. (1) Pursuant to the market­ carriage retraction jack piston head be­ notice and procedure provisions of the ing agreement, as amended, and Order fore 10,000 landings are accumulated on No. 910, as amended (7 CFR Part 910), the part was published in 32 F.R. 17672. Administrative Procedure Act is imprac­ regulating the handling of lemons grown Interested persons have been afforded ticable and that good cause exists for in California and Arizona, effective under an opportunity to participate in the making this amendment effective within the applicable provisions of the Agricul­ making of the amendment. No objections less than 30 days from publication. tural Marketing Agreement Act of 1937, were received. In consideration of the foregoing and as amended (7 U.S.C. 601-674), and upon In consideration of the foregoing, and pursuant to the authority delegated to the basis of the recommendations and pursuant to the authority delegated to information submitted by the Lemon me by the Administrator (14 CFR 11.89), me by the Administrator (24 F.R. 5662), Administrative Committee, established § 39.13 of Part 39 of the Federal Aviation Part 95 of the Federal Aviation Regula­ under the said amended marketing Regulations is amended by adding the tions is amended, effective March 28, agreement and order, and upon other following new airworthiness directive: 1968, as follows:

FEDERAL REGISTER, VDL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 RULES AND REGULATIONS 3169

1. By amending Subpart C as follows: From, to, and MEA From, to, and MEA From, to, and ME A Browns town DME Fix, Wash; Yakima, Wash., Section 95.6121 VOR Federal airway VOR northbound; *5,000. Southbound; 121 is amended to read in part: Section 95.1001 Direct routes—United *8,000. *4,500—MOCA. States is amended to read in part: The Dalles, Oreg., VOR via E alter.; Yakima, North Bend, Oreg., VOR; »Scottsburg INT, Farallon Island, Calif., LF/RBN; Woodside, Wash., VOR via E alter.; 7,000. Oreg., Northeastbound; **5,000. Southwest- Calif., VOR; *5,000. *4,400—MOCA. bound; 4,200. *5,500—MRA. **4,200— Section 95.6027 VOR Federal airway 27 MOCA. Farallon Island, Calif., LF/RBN; Sausalito, is amended to read in part: Calif., VOR; 4,000. MAA—39,000. Scottsburg INT, Oreg.; Vaughn INT, Oreg.; Farallon Island; Napa, Calif., VOR; *8,000. North Bend, Oreg., VOR; »Gardiner INT, *5,000. *4,500—MOCA. *4,600r—MOCA. Oreg., northbound; **4,500. Southbound; Section 95.6127 VOR Federal airway 3,600. *6,200—MRA. **3,600—MOCA. Section 95.1001 Direct routes— United Gardiner INT, Oreg.; Newport, Oreg., VOR; 127 is amended to read in part: States is amended by adding : 4,500. Bradford, 111,, VOR; Polo, 111., VOR; *2,700. *2,300—MOCA. Eglin, Fla., VOR Corky INT, Fla.; *2,000. Section 95.6035 VOR Federal airway 35 *1,500—MOCA. Section 95.6139 VOR Federal airway Knoxville, Tenn., VOR; Spartanburg, S.C., is amended to read in part: VOR; 9,000. •Oyster INT, Fla., via W alter.; Cross City, 139 is amended to read in part: Bakersfield, Calif.; VOR; Russell Ranch INT, Fla., VOR via W alter.; **5,000. *4,000— Wilmington, N.C., VOR; »Maple Hill INT, Calif., COP 70 NM BFL; *3,000. *2,500— MRA. *5,000—MCA Oyster INT, north­ N.C.; 1,800. *3,500—MRA. MOCA. bound. **1,200—MOCA. Maple Hill INT, N.C.; New Bern, N.C., VOR; Russell Ranch INT, Calif.; Los Banos, Calif., 1,800. VOR, COP 40 NM LSN; *5,500. *5,400— Section 95.6037 VOR Federal airway 37 MOCA. is amended to read in part: Section 95.6159 VOR Federal airway 159 is amended by adding: Section 95.6004 VOR Federal airway 4 Frankford INT, W. Va.; Buckhannon, W. Va., is amended to read in part: VOR; 8,000. Sioux City, Iowa, VOR; Yankton, S. Dak., Buckhannon, W. Va., VOR; Morgantown, VOR; 3,300. *3,100—MOCA. Flat Woods INT, W. Va.; Buckhannon, W. Va., VOR; 5,000. W. Va„ VOR; 5,000. Section 95.6174 VOR Federal airway Swiss INT, W. Va., via S alter.; Buckhannon, Section 95.6038 VOR Federal airway 38 174 is amended to read in part: W. Va., VOR via S alter.; 5,000. is amended to read in part: Buckhannon, W. Va., VOR; Kessel, Va., VOR; Clara INT, W. Va.; Buckhannon, W. Va., »Benson INT, W. Va.; Buckhannon, W. Va., VOR; 5,000. 6,000. VOR; 5,000. *5,000—MCA Benson INT, Buckhannon, W. Va., VOR; Moorefield INT, Section 95.6009 VOR Fédéral airway 9 eastbound. W. Va.; 6,800. is amended to read in part : Buckhannon, W. Va., VOR; Crawford INT, Va.; 8,000. Section 95.6182 VOR Federal airway Florence INT, Miss.; Jackson, Miss., VOR; 182 is amended to read in part: 2,000. Section 95.6053 VOR Federal airway 53 ♦Brenner INT, Oreg.; **Ukiah INT, Oreg.; Section 95.6009 VOR Federal airway 9 is amended to read in part: 8,000. *5,700—^MRA. **9,400—MCA Ukiah is amended by adding : Louisville, Ky., VOR; Houston INT, Ind.; INT, eastbound. Green Bay, Wis., VOR via E alter.; Menomi­ 3.000. Ukiah INT, Oreg.; »Baker, Oreg., VOR; nee, Mich., VOR via E alter.; *2,500. **13,000. *10,000—MCA Baker VOR, west­ Section 95.6056 VOR Federal airway 56 bound. * *11,000—MOCA. *1,900—MOCA. is amended to read in part: Menominee, Mich., VOR via E alter.; Iron Section 95.6225 VOR Federal airway Mountain, Mich., VOR via E alter.; *3,400. Augusta, Ga., VOR; Sam INT, S.C.; *2,100. *2,800—MOCA. *2,000—MOCA. 225 is amended to read in part: Sam INT, S.C.; Columbia, S.C., VOR; 2,000. Fort Myers, Fla., VOR; La Belle, Fla., VOR; Section 95.6012 VOR Federal airway 12 *2,000. *1,400—MOCA. is amended to read in part : Section 95.6071 VOR Federal airway 71 is amended to read in part: Section 95.6243 VOR Federal airway Adrian INT, Tex.; »Tower INT, Tex.; **6,000. *7,000—MRA. **5,400—MOCA. Rover INT, Ark., via W alter.; Danville Int, 243 is amended to read in part: Tower INT, Tex.; Amarillo, Tex., VOR; *6,000. Ark.,* via W alter.; *9,500. *2,500—MOCA. Alma, Ga., VOR via E alter.; Vienna, Ga., *5,300—MOCA. Danville INT, Ark., via W. alter.; »College VOR via E alter.; *2,100. *1,800—MOCA, Tucumcari, N. Mex., VOR via S alter.; »West Int, Ark., via W alter.; **9,500. *3,300— Side INT, Tex., via S alter.; **6,000. MRA. **3,800—MOCA. Section 95.6275 VOR Federal airway *7,000—MRA. **5,500—MOCA. Hot Springs, Ark., VOR via W alter.; »Valley 275 is amended to read in part: West Side INT, Tex., via S alter.; Amarillo, INT., Ark., via W alter.; **3,500. *4,500— Dayton, Ohio, VOR; Bremen INT, Ohio; Tex., VOR via S alter.; *6,000. *5,500— MCA Valley Int, northbound. **3,200— MOCA. 2,800. , MOCA. Bremen INT, Ohio; Wilson INT, Ohio; Tucumcari, N. Mex., VOR via N alter.; Sam INT, Tex., via N alter.: 7,000. Section 95.6081 VOR Federal airway 81 *5,500. *2,400—MOCA. Sam INT, Tex., via N alter.; Amarillo, Tex., is amended to read in part: Section 95.6280 VOR Federal airway VOR via N alter.; *7,000. *5,300—MOCA. Plainview, Tex., VOR; »Canyon INT, Tex.; 280 is amended to read in part: Section 95.6016 VOR Federal airway 16 5.000. *8,000—MRA. Moser INT, Tex.; »West Side INT, Tex.; is amended to read in part : Amarillo, Tex., VOR, Plant INT, Tex.; *5,700. **6,000. *7,000—MRA. **5,500—MOCA. *4,700—MOCA. West Side INT, Tex.; Amarillo, Tex., VOR; •Potts INT, Tenn., via S alter.; * »Pittman Plant INT, Tex.; Exell INT, Tex.; *5,700. *6,000. *5,500—MOCA. INT, Tenn., via S alter.; 6,000. *10,000— *5,300—MOCA. MAA. **10,000—MAA. **8,000—MCA Pitt­ Plainview, Tex., VOR via E alter.; »Palo Duro Section 95.6287 VOR Federal airway man INT, eastbound. Int, Tex., via E alter.; 4,800. *8,500—MRA. 287 is amended to read in part: Pittman INT, Tenn., via S alter.; Snowbird, Tenn., VOR via S alter.; 8,000. Section 95.6103 VOR Federal airway North Bend, Oreg., VOR »Reedsport INT, 103 is amended to read in part: Oreg., Northbound; **6,100. Southbound; Section 95.6023 VOR Federal airway 23 3,700. *5,500—MRA. * *3,700—MOCA. is amended to read in part : Natural Well INT, Va.; Buckhannon, W. Va., Reedsport INT, Oreg.; Kings Valley INT, VOR; 7,000. Bellingham, Wash., VOR; United States- Buckhannon, W. Va., VOR; Clarksburg, Oreg.; 6,100. Canadian border; 2,500. W. Va., VOR; 5,000. North Bend, Oreg., VOR via W alter.; *Gardi- nér INT, Oreg., via W alter.; Northbound; Section 95.6025 VOR Federal airway 25 Section 95.6114 VOR Federal airway is amended to read in part : **4,500. Southbound; 3,600. *6,200—MRA. 114 is amended to read in part: **3,600—MOCA. Redmond, Oreg, VOR; »Gateway INT, Oreg.; Alexandria, La., VÓR; *Bunkie, INT, La.; Gardiner INT, Oreg., via W alter.; Newport, **7,000. *10,000—MRA. **6,400—MOCA. **1,600. *3,000—MRA. **1,500—MOCA. Oreg., VOR via W alter.; 4,500.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3170 RULES AND REGULATfONS

From, to, and ME A (b) It was represented that customers Section 95.6329 VOR Federal airway Title 16— COMMERCIAL .had long been supplied with a specific 329 is amended to read in part; fabric and that sample display cards had PRACTICES been distributed to them advertising the Gorky INT, Fla.; Andalusia INT, Ala.; *3,000. Chapter I— Federal Trade Commission availability of this fabric. The supplier *1,700—MOCA. . recently discontinued production of the Andalusia INT, Ala.; Montgomery, Ala., VOR; PART 15— ADMINISTRATIVE fabric and another supplier was located *3,000. *2,500—MOCA. OPINIONS AND RULINGS who will furnish a similar product said Section 95.6331 VOR Federal airway to be identical in pattern and of better 331 is added to read: Clearance Denied for Merger of quality. It was proposed to supply cus­ Competing Milk Companies tomers with the new product without Whitesburg, Ky., VOR; Newcombe, Ky„ VOR; resampling their display cards or other­ 4,000. § 15.192 Clearance denied for merger wise advising them of the substitution, of competing milk companies. the cost of which, it was asserted, would Section 95.6472 VOR Federal airway (a) The Commission rendered an ad­ 472 is amended to read in part: be prohibitive. visory opinion in which clearance was (c) The Commission advised that it Elizabeth City, N.C., VOR; *Zang TNT, N.C.; denied to an applicant to sell its milk could not give its approval to this pro­ **4,000. *4,000—MRA. *4,000—MCA Zang processing and dairy products distribu­ posed business practice. A forseeable re­ INT, eastbound. **1,500—MOCA. tion assets to a large, integrated food sult of substituting the product of one Section 95.7065 Jet Route No. 65 is producing, processing, wholesaling, and manufacturer for that of another would retailing concern. The proposed pur­ amended to read in part: be to mislead customers into purchasing chaser has a dairy products subsidiary an article which they might not wish From, To, ME A, and MAA in actual or potential competition with or intend to purchase, and which they the applicant in the same market. might or might not pitrchase if they were Bakersfield, Calif., VORTAC; Fresno, Calif., (b) The Commission noted that the VORTAC; 18,000; 45,000. informed as to its origin. Nor would the proposed merger would combine the prejudice thus engendered be confined to Section 95.7084 Jet Route No. 84 is firm now appearing to rank fourth in customers; other distributors and manu­ amended to read in part: . sales in the market with the eighth to facturers of a competing product would result in a firm in second or third posi­ be injured when orders that would norm­ Wolbach, Nebr., VORTAC; Dubuque, Iowa, tion. It also appears that the present ally have come to them if the fabric were VORTAC; #21,000; 45,000. #MEA is estab­ top four firms have about 40 percent of rightly named are diverted to the offend­ lished with a gap ip navigation signal the sales in the market and. therefore coverage. ing firm. the proposed merger woufd further in­ (38 Stat. 717, as amended; 15 U.S.C. 41-58) Section 95.7144 Jet Route No. 144 is crease the market concentration. added to read: (c) Because the proposed merger Issued: February 19, 1968. raises such serious questions of possible By direction of the Commission. Wolbach, Nebr., VORTAC; Des Moines, Iowa, violation of section 7 of the amended VORTAC; 18,000; 45,000. Clayton Act, the Commission advised the [seal] Joseph W . Shea, Des Moines, Iowa, VORTAC; Dubuque, Iowa, applicant that premerger clearance can­ Secretary.' VORTAC; 18,000; 45,000. not be granted. The Commission further [F.R. Doc. 68-2093; Filed, Feb. 19, 1968; 2. By amending subpart D as follows: stated that, if the merger occurs, the 8:48 a.m.] Commission may take the action it Section 95.8003 VOR Federal airway deems necessary to protect the public changeover points: interest and prevent anticompetitive [Docket C-1291] effects. Airumy segment: From; to—Changeover PART 13— PROHIBITED TRADE point: Distance; from (38 Stat. 717, as amended; 15 U.S.C. 41-58; PRACTICES 49 Stat. 1526; 15 U.S.C. 13, as amended) V-23 is amended by adding: Center Motors, Inc., et al. Issued: February 19, 1968. Bellingham, Wash., VOR; Vancouver, Can­ Subpart—Advertising falsely or mis­ ada, VOR; 10; Bellingham. By direction of the Commission. leadingly: § 13.71 Financing; § 13.155 V-37 is amended to read in part: [seal] Joseph W . Shea, Prices: § 13.155-10 Bait. Subpart—Mis­ Pulaski, Va., VOR; Buckhannon, W. Va., Secretary. representing oneself and goods—Busi­ VOR; 45; Pulaski. [F.R. Doc. 68-2092; ’ Filed, Feb. 19, 1968; ness, status, advantages or connections: 8:48 a.m.] § 13.1417 Financing activities. Misrep­ V-38 is amended to read in part: resenting oneself and goods—Prices: Buckhannon, W. Va., VOR; Gordonsville, Va., § 13.1779 Bait. VOR; 46; Buckhannon. PART 15— ADMINISTRATIVE (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets V-71 is amended by adding: OPINIONS AND RULINGS or applies sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45) [Cease and desist order, Center Hot Springs, Ark., VOR; Fayetteville, Ark., Substitution of Merchandise Unlawful Motors, Inc., et al., Washington, D.C., Docket VOR; 4i2; Hot Springs. Even Though Equivalent in Grade, C-1291, Jan. 23,1968] V-182 is amended to read in part: Quality, and Appearance to That In the Matter of Center Motors, Inc., a The Dalles, Qreg., VOR; Baker, Oreg., VOR; Ordered by Customers Corporation, and Bernard L. Gordon, 30; Baker. Individually and as an Officer of § 15.193 Substitution o f merchandise (Secs, 307, 1110, Federal Aviation Act of 1958; unlawful even though equivalent in Said Corporation 49 U.S.C. 1348, 1510) grade, quality, and appearance to Consent order requiring a Washington, that ordered by customers. D.C., used car dealer, to cease using bait Issued in Washington, D.C., on Feb- (a) The Commission was requested toadvertising and deceptive financing ruray 12, 1968. render an advisory opinion with respect claims. R. S. Sliff, to the legality of substituting, on cus­ The order to cease and desist, includ­ Acting Director, tomer orders for a particular fabric, a ing further order requiring report of Flight Standards Service. fabric produced by another manufac­ compliance therewith, is as follows: [FE. Doc. 68-2014; Filed, Feb. 19, 1968; turer without notifying customers of It is ordered, That respondents Center 8:45 a.m.] the intended substitution. Motors, Inc., a corporation, and its

FIDERAI. REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 RULES AND REGULATIONS 3171 officers, and Bernard L. Gordon, indi­ § 13.1852 Formal regulatory and statu­ 2. Falsely represents that savings are vidually and as an officer of said corp­ tory requirements: 13.1852-35 F u r afforded to purchasers of respondents’ oration, and respondents’ agents, repre­ Products Labeling Act. fur products or misrepresents in any sentatives, and employees, directly or (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret manner the amount of savings available through any corporate or other device, or apply sec. 5, 38 Stat. 719, as amended, sec. to the purchasers of such fur products. in connection with the advertising, of­ 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease 3. Fails to set forth the term “natural” fering for sale, sale, or distribution of and desist order, Jewell Myers, Inc., et al., as part of the information required to be used automobiles or other products, in Memphis, Term., Docket C-1290, Jan. 22, disclosed in advertisements under the commerce, as “commerce” is defined in 1968] F*ur Products Labeling Act and the rules the Federal Trade Commission Act, do In the Matter of Jewell Myers, Inc., a and regulations promulgated thereunder forthwith cease and desist from: Corporation, and Mrs. Jewell Myers, to describe such fur products which are 1. Representing, directly or by implica­ Individually and as an Officer of Said not pointed, bleached, dyed, tip-dyed, or tion that any products are offered for Corporation otherwise artificially colored. sale when such offer is not a bona fide Consent order requiring a Memphis, C. Failing to maintain full and ade­ offer to sell such products. Term., retail furrier, to cease falsely quate records disclosing the facts upon 2. Making representations purporting advertising and deceptively invoicing its which pricing claims and representa­ to offer merchandise for sale when the tions of the types described in subsec­ purpose of the representation is not to fur products and failing to maintain re­ quired records. tions (a ), (b ), (c ), and (d) of Rule 44 of sell the offered merchandise but to ob­ The order to cease and desist, includ­ the rules and regulations promulgated tain leads or prospects for the sale of ing further order, requiring report of under the Fur Products Labeling Act, are other merchandise at higher prices. based. 3. Representing, directly or by implica­ compliance therewith, is as follows. It is ordered, That respondents Jewell It is further ordered, That the re­ tion, that a product is offered for sale spondents herein shall, within sixty (60) when such product is not in respondents’ Myers, Inc., a corporation, and its officers, and Mrs. Jewell Myers, individually and days after service upon them of this possession and available for purchase at as an officer of said corporation, and order, file with the Commission a report the time of the offer. respondents’ representatives, agents, and in wilting setting forth in detail the 4. Misrepresenting, in.any manner, the employees, directly or through any cor­ manner and form in which they have amount which will be accepted as down complied with this order. payment. porate or other device, in connection with the introduction, into commerce, or the Issued: January 22,1968. 5. Using any advertising, sales plan or sale, advertising, or offering for sale in procedure involving the use of false, mis­ commerce, or the transportation or dis­ By the Commission. leading, or deceptive statements or tribution in commerce, of any fur representations. [seal] Joseph W . Shea, product; or in connection with the sale, Secretary. It is further ordered, That the re­ advertising, offering for sale, transporta­ spondent corporation shall forthwith [F.R. Doc. 68-2059; Filed, Feb. 19, 1968;. tion, or distribution of any fur product 8:46 a.m.] distribute a copy of this order to each which is made in whole or in part of fur of its operating divisions. which has been shipped and received in It is further ordered, That the re­ commerce, as the terms “commerce” , [Docket C—1289] spondents herein shall, within sixty (60) “fur,” and “fur product” are defined in days after service upon them of this the Fur Products Labeling Act, do forth­ PART 13— PROHIBITED TRADE order, file with the Commission a report with cease and desist from: PRACTICES in writing setting forth in detail the A. Falsely or deceptively invoicing any L. Myers Co. et al. manner and form in which they have fur product by: complied with this order. 1. Failing to furnish an invoice, as the Subpart—Misbranding or mislabeling : Issued: January 23,1968. term “invoice” is defined in the Fur § 1185 Composition: 13.1185-90 Wool Products Labeling Act; § 13.1212 For­ By the Commission. Products Labeling Act, showing in words and figures plainly legible all the infor­ mal regulatory and statutory require­ [seal] Joseph W. Shea, mation required to be disclosed by each ments: 13.1212-90 W o o l Products Secretary. of the subsections of section 5(b) (1) of Labeling Act. Subpart—Neglecting, un­ [F.R. Doc. 68-2058; Filed, Feb. 19, 1968; the Fur Products Labeling Act. fairly or deceptively, to make material 8:46 a.m.] 2. Failing to set forth the term “natu­ disclosure: § 13.1852 Formal regulatory ral” as part of the information required and statutory requirements: 13.1852-80 to be disclosed on an invoice under the Wool Products Labeling Act. [Docket C-1290] Fur Products Labeling Act and rules (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret PART 13— PROHIBITED TRADE and regulations promulgated thereunder or apply sec. 5, 38 Stat. 719, as amended, PRACTICES to describe such fur product which is secs. 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45, not pointed, bleached, dyed, tip-dyed, or 68) [Cease and desist order, L. Myers Co. Jewell Myers, Inc., ei al. otherwise artificially colored. et al., trading as L. Myers Co., San Francisco, Calif., Docket C-1289, Jan. 16, 1968] Subpart—Advertising falsely or m B. Falsely or deceptively advertising leadmgly: §13.30 Composition fur products through the use of any ad­ In the Matter of L. Myers Co., a Partner­ (foods: 13.30-30 Fur Products Label! vertisement, representation, public an­ ship, and Leslie G. Myers and Max­ “ ct; § 13.73 Formal regulatory a nouncement, or notice which is intended well A. Myers, Individually and as statutory requirements: 13.73-10 F to aid, promote, or assist, directly or in­ Copartners Trading as L. Myers Co. Products Labeling Act; § 13.155 Pria directly, in the sale, or offering for sale of such fur products, and which: Consent order requiring a San Fran­ Percentage savings. Su cisco, Calif., wholesaler of wool products, —*nv°icing products f a 1 s e 1 1. Misrepresents directly or by impli­ cation through percentage savings to cease marketing misbranded wool Invoicing products falsel products. 13.1108-45 Fur Products Labeling A claims that the prices of such fur prod­ The order to cease and desist, includ­ Misbranding or mislabelin ucts are reduced in direct proportion to S13.1185 Composition: 13.1185-30 F the percentages stated from the prices at ing further order requiring report of Products Labeling Act: § 13.1212 Fc which such fur products have been sold compliance therewith, is as follows: v^al regulatory and statutory requii or offered for sale in good faith by the It is ordered, That respondents L. respondents in the recent regular course t16!?!*' 131212-20 Fur P r o d u e Myers Co., a partnership, and Leslie G. abeling Act. Subpart—Neglecting, u of their business, or otherwise misrep­ Myers and Maxwell A. Myers, individual­ iairiy or deceptively, to make mater resents the price at which the fur prod­ ly and as copartners trading as L. Myers iq u r e: § 13.1845 Compositic ucts have been sold, or offered for sqle by Co., and respondents’ representatives, .1845-30 Fur Products Labeling Ai respondents. a g e n ts , and employees, directly or

No. 35-----2 FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3172 RULES AND REGULATIONS

through any corporate or other device, [CGFR 68-23] do forthwith cease and desist from in­ Title 33— NAVIGATION AND troducing into commerce, or offering for PART 117— D RA W BRID G E sale, selling, transporting, distributing, NAVIGABLE WATERS OPERATION REGULATIONS or delivering for shipment or shipping, Long Beach Entrance Channel in commerce, wool products, as “com­ Chapter I— Coast Guard, Department merce’' and “wool product” are defined of Transportation 1. The Commander, Long Beach Naval in the Wool Products Labeling Act of Shipyard, Long Beach, Calif., requested 1939: SUBCHAPTER J— BRIDGES the Commandant, U.S. Coast Guard, to 1. Which are falsely or deceptively [CGFR 68-13] extend the closed periods for. the opera­ stamped, tagged, labeled, or otherwise PART 117— DRAWBRIDGE tion of the Long Beach Entrance Chan­ nel temporary retractable pontoon identified as to the character or amount OPERATION REGULATIONS of the constituent fibers contained bridge while the Gerald Desmond bridge therein. Alloway Creek, N.J. across the Long Beach Entrance Chan­ nel is in final stages of completion. This 2. Unless such products have securely 1. The New Jersey Department of extension of closed periods will be effec­ affixed thereto or placed thereon a Transportation by letter dated April 7, tive March 1, 1968, and will extend the stamp, tag, label, or other means of 1967, requested permission from the closed periods 35 minutes in the morning identification correctly showing in a Corps of Engineers, Department of the and 15 minutes in the afternoon. This clear and conspicuous manner each ele­ Army, Philadelphia District, to keep the modification is required to minimize ment of information required to be dis­ bridge across Alloway Creek on New Jer­ vehicular traffic congestion resulting closed by section 4(a)(2) of the Wool sey Route 49 at Quinton, N.J., perma­ from detours in the vicinity of the Products Labeling Act of 1939. nently closed. In accordance with the entrance to the Long Beach Naval Ship­ It is further ordered, That the re­ procedures in 33 CFR 209.520, public yard during the final construction stages spondents herein shall, within sixty (60) notice dated May 5, 1967, setting forth days after service upon them of this the proposed revision of the regulations of the Gerald Desmond bridge. order, file with the Commission a report governing this drawbridge, was issued by 2. A change in the present closed pe­ in writing setting forth in detail the Philadelphia District, Corps of Engi­ riods requirements set forth in 33 CFR manner and form in which they have neers, and was made available to all per­ 117.711(a)(1) is necessary and it has complied with this order. sons known to have an interest in this been determined that public rule making subject. After consideration of all com­ Issued: January 16,1968. procedure would be impractical and ments submitted in response thereto the omission thereof has been deemed to be By the Commission. proposed revision is hereby adopted. The purpose of this document is to amend the in the public interest, [ seal] J oseph W. Shea, requirements in 33 CFR 117.225(f) (15) 3. The purpose of this document is to Secretary. and prescribed special regulations for the amend the requirements in 33 CFR [PH. Doc. 68-2060; Filed, Peb. 19, 1968; operation of the New Jersey Route 49 117.711(a) (1) and prescribe special reg­ 8:46 a m .] bridge across Alloway Creek at Quinton, ulations for the operation of the Long NJ. 2. By virtue of the authority vested in Beach Entrance Channel temporary re­ me as Commandant, U.S. Coast Guard, tractable pontoon bridge. When the Title 29— LABOR by 14 U.S.C. 632 and 49 CFR 1.4(a) (3), Gerald Desmond bridge is completed and Chapter V— Wage and Hour Division, the text of 33 CFR 117.225(f) (15) shall is opened to vehicular traffic, the need Department of Labor read as follows and shall be effective on for closed periods for the temporary re­ and after 30 days after date of publica­ tractable pontoon bridge will be reeval­ SUBCHAPTER B— STATEMENTS OF GENERAL P O L tion of this document in the Federal uated and appropriate regulations, if ICY OR INTERPRETATION NOT DIRECTLY RE­ R egister: LATED TO REGULATIONS any, will be prescribed. § 117.225 Navigable waters in the State PART 778— OVERTIME 4. By virtue of the authority vested o f New Jersey; bridges where con­ in me as Commandant,'U.S. Coast Guard, COMPENSATION stant' attendance o f draw tenders is not required. by 14 U.S.C. 632 and 49 CFR 1.4(a)(3), Correction * * * * * the text of 33 CFR 117.711(a) (1) shall In F.R. Doc. 68-892 appearing at page (f) The bridges to which this section read as follows and shall be effective on 986 of the issue for Friday, January 26, applies, and the regulations applicable in March 1,1968: 1968, § 778.502(d) should read as follows: each case, are as follows: § 117.711 Los Angeles and Long Beach (d) Similar schemes have been devised ***** for piece-rate employees. The method is Harbors, Calif. the same. An employee is assigned an (15) Alloway Creek; Salem County (a) Long Beach Entrance Channel; highway bridges at Hancocks Bridge and arbitrary hourly rate (usually the mini­ at Upper Hancocks Bridge. At least 24 temporary retractable pontoon bridge.— mum) and it is agreed that his straight- hours’ advance notice required. New Jer­ (1) Closed periods. From 6:40 a.m. to time and overtime earnings will be com­ sey State Highway Department bridge at 8:15 ajn. and from 4 p.m. to 5:30 p.m.. puted on this rate but that if these earn­ Quinton. The draw need not be opened daily except Sundays and National holi­ ings do not amount to the sum he would for the passage of vessels, and the special days, this bridge will not be required to have earned had his earnings been com­ regulations contained in paragraphs (b) open for the passage of vessels, except to (e), inclusive, of this section shall not puted on a piece-rate basis of “x” cents in the case of extreme emergency. apply to this bridge. per piece, he will be paid the difference ***** as a “bonus.” The subterfuge does not (Sec. 5, 28 Stat. 362, as amended; 33 TJ.S.C. (Sec. 5, 28 Stat. 362, as amended, 33 US.C. 499; 49 CFR 1.4(a) (3) (v ), 32 P.R. 5606) serve to conceal the fact that this em­ 499; 49 CFR 1.4(a) (3) (v ); 32 FJB. 5606) ployee is actually compensated on a Dated: February 12,1968. Dated: February 14,1968. piece-rate basis, that there is no bonus P. E. T rimble, W. J. Smith, and his regular rate is the quotient of Vice Admiral, U S. Coast Guard Admiral, U.S. Coast Guard, piece-rate earnings divided by hours Acting Commandant. Commandant. worked (Walling v. Youngerman-Reyn- [F.R. Dec. 68-2066; Filed, Feb. 19, 1968; [F.R. Doc. 68-2051; Filed, Feb. 19, 1968; olds Hardwood Company, 325 UJS. 419). 8:46 am.] 8:45 am .]

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 RULES AND REGULATIONS 3173

7351). However, this paragraph does not 6. In § 0.735-16(a), that portion pre­ Title 38— PENSIONS, BONUSES, prohibit a voluntary gift of nominal ceding subparagraph (1) and paragraph value or donation in a nominal amount (c) are amended to read as follows: AND VETERANS’ RELIEF made on a special occassion such as marriage, illness, or retirement. § 0.735—16 Indebtedness. Chapter I— Veterans Administration * * * * * (a) An employee shall pay each just PART 0— STANDARDS OF ETHICAL financial obligation in a proper and time­ (e) An employee shall not accept a ly manner (E.O. 11222, May 8, 1965, and CONDUCT AND RELATED RESPON­ gift, present, decoration, or other thing 5 CFR Part 735). SIBILITIES from a foreign government unless * * * * * authorized by Congress as provided by Miscellaneous Amendments the Constitution and in 5 U.S.C. 7342. (c) The Veterans Administration will, 1. In § 0.735-3, paragraph (a) is (f) Neither this section nor § 0.735-12 after an alleged creditor has made at­ amended to read as follows: precludes an employee from receipt of tempts to collect directly from an em­ ployee, insist that the employee promptly § 0.735-3 Informing employees. bona fide reimbursement, unless prohib­ ited hy law for expenses of travel and make and carry out an arrangement with (a) Each new employee and special such other necessary subsistence, as is the creditor to pay an indebtedness he Government employee will be furnished a compatible with this part for which no admits or which he owes according to a copy of this part or a comprehensive Government payment or reimbursement court judgment he is not legally contest­ summary at the time of his entrance on is made. However, this paragraph does ing, or promptly make his views known to duty and will be notified at that time of not allow an employee to be reimbursed, the alleged creditor if he disputes an in­ the availability of counseling services on or payment to be made on his behalf, for debtedness claim. conduct matters and of how and where excessive personal living expenses, gifts, 7. In § 0.735-20, paragraph (e) (2) is these services are available. entertainment, or other personal benefits, amended to read as follows: * * * * * nor does it allow an employee to be re­ § 0.735—20 Other conduct on the job. imbursed by a person (individual, cor­ 2. In § 0.735-4, paragraphs (d) and (e) * * * * * are amended to read as follows: poration, company, association, firm, partnership, society, joint stock company, (e) Relationship with "beneficiaries § 0.735—4 Interpretation and advisory and claimants. * * * service. or any other organization or institution) for travel on official business under Vet­ (2) An employee shall not enter into * * * * * erans Administration orders when re­ any personal financial transactions, in­ (d) Personnel Officers are designated imbursement is proscribed by Decision cluding purchases, sales, or the borrow­ as deputy counselors. They will give ad­ B -l 28527 of the Comptroller General ing or lending of money, with patients or vice and guidance to employees (includes dated March 7, 1967- their friends or relatives acting for them; management officials; see definition of 4. In § 0.735-12, the headnote and par­ * * * * * employee in § 0.735-2(a)) and special 8. In § 0.735-21, paragraphs (f), Government employees on conduct agraphs (c) (2), (d) (1), and (e) (5) (iii) are amended to read as follows: (g)(2), (i), (k), and (m) (2) are matters as requested. They may submit amended to read as follows: questions to the deputy counselors § 0.735—12 Outside employment activ­ (legal) on their own initiative or at the ity or compensation. § 0.735—21 Standards of conduct in spe­ specific request of an employee or special ***** cial areas. Government employee or may request (c) * * * * * * * He interpretations by the Counselor through (2) Teach or instruct directly or in­ (f) Furnishing testimony. Employees the deputy counselors (legal). will furnish information and testify free­ (e) An employee (includes manage­ directly or be concerned in any manner in such instruction of any person with a ly and honestly in cases respecting em­ ment officials) or special Government ployment and disciplinary matters. Re­ employee who has a question on any view to his special preparation for em­ fusal to testify, concealment of material matter within the scope of this part may ployment examinations of the Civil Serv­ facts, or willfully inaccurate testimony seek an answer through this counseling ice Commission or the Foreign Service, in connection with an investigation or system. except members and former members of hearing may be ground for disciplinary the Armed Forces where the agency has action An employee, however, will not be 3. In § 0.735-11, that portion of para­ such responsibility by law (E.O. 9367); graph (a) preceding subparagraph (1) required to give testimony against him­ and paragraphs (c) and (e) are amended * * * * * self in any matter in which there is in­ and paragraph (f) is added so that the (d) * * * dication that he may be or is involved in added and amended material reads as (1) Receiving reimbursement in ac­ a violation of law wherein there is a follows: cordance with § 0.735-11(f). possibility of self-incrimination. (g) Leave and absence from duty. * * * §0.735-11 Gifts, entertainment and ***** favors. (e) * * * (2) Employees must obtain from the (5) * * * supervisor for each absence from duty, (a) Except as provided in paragraphs approval in advance, or in case of emer­ (b) and (f) of this section, an employee (iii) All positions or officers on any level on committees and commissions gency or illness, approval as early as shall not solicit or accept directly or practicable, and to the extent possible, indirectly for himself or any member of that are not concerned with Veterans Administration benefits or policy. at the beginning of their tour of duty but his family, any gift, gratuity, favor, not later than 2 hours thereafter. * * ♦ * * entertainment, loan, or anything of * * * * * monetary value, from a person (indi­ 5. I § 0.735-13, paragraph (d) is vidual, corporation, company, associa­ amended to read as follows: (i) Use of official titles. An employee ci011! firm, partnership, society, joint shall not use or lend his name and official stock company, or any other organization § 0.735—13 Financial interests. title or designation (relationship to the or institution) who : * * * # * Veterans Administration) in connection with any commercial enterprise or to en­ * * % * (d) This section does not preclude an employee from having a financial in­ dorse any commercial product, or in any A** employee shall not solicit a terest or engaging in financial trans­ other way that might appear to the ntribution from another employee for public to be intended to further the busi­ actions to the same extent as a private Hr,« +• an hffleial superior, make a ness interests of the recipient. He may, nation as a gift to an official superior, citizen not employed by the Government however, use his official relationship as accept a gift from an employee re­ so long as it is not prohibited by Execu­ indentification in publications he au­ ceiving less pay than himself (5 U.S.C. tive Order 11222, law, or this part. thors, provided the views expressed are

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3174 RULES AND REGULATIONS not made to appear as those of the principal registered under the Foreign on the interests of any non-Federal agency unless so authorized. Agents Registration Act (18 U.S.C. 219). enterprise. ♦ * * * * 11. In § 0.735-55, paragraph (d) is (c) Employees classified at GS-13 or (k) Use of motor vehicle. An employee amended to read as follows: above under section 5332 of title 5, United may not operate a federally owned motor States Code, or at a comparable pay vehicle, or another he is using on Gov­ § 0.735—55 Other conflict o f interest level under another authority, who are ernment business, improperly, recklessly, restrictions. in positions identified in this part as or in violation of traffic regulations; and *■ * * * * positions which the Veterans Adminis­ on Veterans Administration-occupied (d) A special Government employee istration has determined have duties and premises, may not so operate any motor prohibited from participating in the responsibilities which require the incum­ vehicle. course of his official duties in any matter bent to report employment and financial ♦ * * * * in which he, his spouse, minor child, or interests in order to avoid involvement any person or organization with whom in a possible conflicts-of-interest situa­ (m) Conduct of employees in foreign tion and carry out the purpose of law, countries. * * * he has an official business connection or is negotiating for employment, has a Executive order, 5 CFR part 735, and this (2) Station heads concerned will issue part. instructions as necessary to explain prop­ financial interest, unless: (1) He makes full disclosure in ad­ (d) Employees classified below GS-13 er conduct, supplementing as appropri­ under section 5332 of title 5, United ate controlling instructions of the local vance and obtains written determination in accordance with 18 U.S.C. 208(b) (1). States Code, or at a comparable pay level diplomatic mission of the State Depart­ under another authority, who are in ment. * * * * * positions which otherwise meet the cri­ * * * * * 12. Sections 0.735-^71 and 0.735-72 are teria in paragraph (b) or (c) of this sec­ 9. In § 0.735-22, paragraph (b) is revised to read as follows: tion when the inclusion of the positions amended to read as follows: § 0.735—71 Employee’s complaint on in this part has been specifically justified filing requirement. by the Veterans Administration in writ­ § 0.735—22 Other conflict o f interest ing to the Civil Service Commission as restrictions. An employee is entitled to a review * * * * * an exception that is essential to protect through Veterans Administration griev­ the integrity of the Government and (b) An employee is prohibited fromance procedures of his complaint that his avoid employee involvement in a possible participating in the course of his official position has been improperly included in conflicts-of-interest situation. duties in any matter in which he, his this part as one requiring the submission (e) The following positions, which are spouse, minor child, or any person or or­ of a statement of employment and finan­ classified at GS-13 or above except as ganization with whom he has an official cial interests. otherwise indicated are considered to business connection or is negotiating for § 0.735—72 Form and content o f state­ meet the criteria of paragraph (a), (b), employment, has a financial interest, ments. (c ), or (d) of this section and have not unless: been excluded under § 0.735-74; all ap­ (l) He makes full disclosure in ad­ (a) Statements of employment and pointees to these positions must file vance and obtains written determination financial interests required of employees statements of employment and financial in accordance with 18 U.S.C. 208(b) (1). and special Government employees shall interests: * * * * * contain the information required by the separate formats prescribed for each by L ist of P ositions R equiring P iling of 10. In § 0.735-23(b), subparagraphs the Civil Service Commission in the Fed­ Statement of Em plo ym en t and Financial (1), (4), (7), (8), (10), and (16) are eral Personnel Manual (chapter 735, I nterests amended and subparagraph (17) is appendix D ). Deputy Administrator. added to read as follows: * Associate Deputy Administrator. (b) Deposits in savings and loan in­ Chief Medical Director. § 0.735—23 Miscellaneous statutory pro­ stitutions and credit unions are not re­ Chief Benefits Director. visions. quired to be reported in the financial Chief Data Management Director. * * * * * statement. General Counsel. (b) Statutory provisions pertaining to Manager, Administrative Services. 13. In § 0.735-73, paragraphs (a) Controller. the Government generally. (1) House through (e) are amended, paragraph (f) Assistant Administrator for Construction. Concurrent Resolution 175, 85th Con­ is revoked and the former paragraph (g) Chairman and Members, Contract Appeals gress, 2d session, 72 Stat. B12, the “Code is amended and redesignated (f) so that Board. of Ethics for Government Service.” § 0.735-73 reads as follows: Assistant Manager, Administrative Services, * * * * * Central Office. § 0.735—73 Employees required to sub­ Director, Central Office Building and Supply (4) The prohibition against disloyalty mit statements. Service. and striking (5 U.S.C. 7311; 18 U.S.C. Except as indicated in § 0.735-74, state­ Chief, Central Office Property Management 1918). ments of employment and financial in­ Division, GS-12. ♦ * * * * terests are required under this part from Chief, Central Office Supply Division, GS-12. Assistant Chief, Central Office Supply Divi­ (7) The provision against appointment the following employees: sion, GS-11. or retention of persons who habitually (a) Employees paid at a level of the Director, Central Office Publications Service. use intoxicating beverages to excess (5 Executive Schedule in subchapter H of, Assistant Director, Central Office Publica­ U.S.C. 7352). chapter 53 of title 5, United States Code. tions Service. (8) The prohibition against the mis­ (b) Employees classified at GS-13 or Commercial Procurement Supervisor, Pub­ use of a Government vehicle, such as for above under section 5332 of title 5, United lications Service, GS-11. unofficial purposes (31 U.S.C. 638a (c)). Deputy Assistant Administrator for Con­ States Code, or at a ,comparable pay level struction. * * * * * under another authority, who are in posi­ Area Projects Directors (Construction). (10) The prohibition against the use tions identified in this part as positions Chairman, Architect-Engineer Selectipn of deceit in an examination or personnel the incumbents of which are responsible Board. action in connection with Government for making a Government decision or Legal Advisory Staff Director (Construction), taking a Government action in regard to: tion). employment (18 U.S.C. 1917). General Attorney (Contract). ***** (1) Contracting or procurement; Trial Attorney (Contract). (16) The prohibitions against political (2) Administering or m o n i t o r i n g Architect-Engineer Contracting Officer. activities in subchapter HI of chapter grants or subsidies; Assistant Architect-Engineer Contracting Of­ (3) Regulating or auditing private or ficer. 73 of title 5, United States Code and 18 Construction Contracting Officer. U.S.C. 602, 603, 607, and 608. other non-Federal enterprise; or Utilities Contracting Officer. (17) The prohibition against an em­ (4) Other activities where the deci­ Director, Research Staff (Construction). ployee acting as the agent of a foreign sion or action has an economic impact All Service Directors in Office of Construction.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 RULES AND REGULATIONS 3175

Resident Engineers (Construction) with au­ ments are required under the criteria in § 0.735—80 Confidentiality of employ­ thority to issue change orders, GS-11 and paragraphs (a) through (d) of this sec­ ees’ statements. above. tion. The heads of departments, staff Deputy Chief Data Management Director. Each statement of employment and Assistant Deputy Chief Data Management Di­ offices, and field stations shall notify the financial interests and each supplemen­ rector. Assistant Administrator for Personnel, tary statement shall be held in strictest Center Directors, Department of Data Man­ through channels, of any position or per­ confidence. The reviewing officials are agement. son that they consider should be in­ responsible for maintaining this confi­ Deputy Chief Medical Director. cluded, deleted or exempted from the list Associate Deputy Chief Medical Director. dentiality and insuring that data therein in paragraph (e) of this section. Such are not used for any other purpose than Executive Assistant to Chief Medical Direc­ notification shall explain the reason for tor. to determine questions of conflict of Regional Medical Directors. the proposal (such as a change in duties interest. Information from a statement Assistant Chief Medical Director for Profes­ or degree of supervision). or supplement may not be disclosed to sional Services. (2) Additions to, deletions from, and anyone other than the reviewing officials Deputies for Professional Services. other amendments of the list of positions (heads of departments, staff offices, or Director, Dietetic Service. in paragraph (e) of this section are ef­ field stations), the Personnel Officers Director, Extended Care Service. fective upon actual notification to the Director, Medical Service. concerned, the selecting official con­ incumbents. The amendments to para­ cerned, and the deputy counselor (legal) Director, Nuclear Medicine Service. graph (e) of this section shall be sub­ Director, Nursing Service. and Counselor, except as the Adminis­ Director, Pathology and Allied Sciences mitted annually for publication in the trator or the Civil Service Commission Service. F ederal R egister. may determine to be for good cause Director, Pharmacy Service. 14. Section 0.735-74 is revised to read shown. The statements will be main­ Director, Physical Medicine and Rehabilita­ as follows: tained under lock and key in the review­ tion Service. ing official’s office. Director, Psychiatry, Neurology and Psychol­ § 0.735—74 Employees not required to ogy Service. submit statements. 17. In § 0.735-81, paragraphs (a), (c), Director, Prosthetic and Sensory Aids Service. and (d) are amended to read as follows: Director, Radiology Service. (a) Employees in positions that meet Director, Surgical Service. the criteria in § 0.735-73 (b) may be ex­ § 0.735—81 Reviewing sta te m e n ts o f Director, Administrative Services, DM&S (De- cluded from the reporting requirement interest. . partaient of Medicine and Surgery). when the Veterans Administration deter­ Director, Building Management Service. (a) Whenever the reviewing official, mines that: with the aid of the deputy counselor, Director, Engineering Service. (1) The duties of a position are such Assistant Chief Medical Director for Research determines from the statement of em­ and Education in Medicine. that the likelihood of the incumbent’s ployment and financial interests, sup­ Assistant Chief Medical Director for Den­ involvement in a conflicts-of-interest plement, or other information that there tistry. situation is remote; or may be a conflict of interest or appear­ Director, Hospital Construction Service. (2) The duties of a position are at ance of conflict of interest between the Director, Veterans Canteen Service. such a level of responsibility that the interest of an employee or special Gov­ Deputy Director, Veterans Canteen Service. submission of a statement of employ­ Field Directors, Veterans Canteen Service.. ernment employee and the performance ment and financial interests is not neces­ of his services for the Government, he Supervisory Buyers, Merchandising Division, sary because of the degree of supervision Veterans Canteen Service. shall disclose the existence of the possible Director, Supply Service. and review over the incumbent or the conflict to the selecting official for the Supply Management Officers (Class Title) inconsequential effect on the integrity of position involved. GS-13 and up. the Government. * * * * * Supply Management Representatives (Class (b) A statement of employment and Title) GS-13 and up. financial interests is not required by 5 (c) Where the reviewing official there­ Contract Specialists (Class Title) GS-13 and CFR Part 735 from an agency head, a after decides that no conflict-of-interest up. problem exists, the matter will be docu­ Chiefs, Supply Divisions, All Field Stations, Presidential appointee in the Executive GS-9 and above. Office of the President who is not sub­ mented and considered settled. Where Chiefs, Business Services Divisions, DM&S ordinate to the head of an agency in that the reviewing official finds that such a Field Stations, GS-10 and above. office, or a full-time member of a com­ problem does exist, he shall refer the Directors of Field Stations, DM&S. mittee, board, or commission appointed information to the deputy counselor Assistant Directors of Field Stations, DM&S. by the President. These persons are sub­ (legal) having jurisdiction. Chiefs of Staff, DM&S Field Stations. ject to separate reporting requirements (d) Where the deputy counselor (le­ Deputy Chief Benefits Director. under section 401 of Executive Order gal) decides that no conflict-of-interest Executive Assistant to the Chief Benefits Director. 11222. problem exists, the matter will be docu­ mented and considered settled. Other­ Director, Compensation, Pension and Educa­ 15. Section 0.735-76 is revised to read tion Service. wise, he shall refer the information to as follows: Director, Insurance Service. the Administrator for final decision and Director, Loan Guaranty Service, § 0.735—76 Supplementary statements. remedial action, through the Counselor eputy Director, Loan Guaranty Service. (a) Employees required to submit a for the Veterans Administration, fur­ Actuary, Insurance Service, nishing a copy to the department con­ iield Directors, Area Field Offices. statement of employment and financial Managers and Directors, DVB (Department interests shall submit any changes or cerned. a °f 7 eterans Benefits) Field Stations, additions in a supplementary statement 18. In § 0.735-85, paragraphs (b) (2) assistant Directors, DVB Centers, as of June 30 each year. If there are no and (c) are amended to read as follows: boan Guaranty Officers, Field Stations, changes or additions, a negative report assistant Loan Guaranty Officers, Field § 0.735—85 Statements of employment stations. is required for the purpose of annual and financial interests for special ^MwSiJ‘'ons^ructl°n and Valuation Sections review. Government employees. Chief t stations), GS-11 and above, (b) Notwithstanding the filing of the * * * * 4c mers, Loan Processing Sections (Field Sta­ annual supplementary report, each em­ tions) , GS-10 and above. ployee shall at all times avoid acquiring (b) * * * ProPerty Management Sections (Field (2) Those financial interests which the Stations), GS-11 and above. a financial interest that could result, or taking action that would result, in a vio­ reviewing official determines are relevant erilh Tlle list of positions in para- lation of the conflicts-of-interest provi­ in the light of the duties to be performed. hv e ^ is section may be amended sions of this part. When in doubt, the (c) Physicians, dentists, and allied y tne addition or deletion of positions employee should obtain counsel through medical specialists who are special Gov­ p en Assistant Administrator for the interpretation and advisory service. ernment employees and whose duties ersonnel with the, concurrence of the do not involve care and service to pa­ 16. Section 0.735-80 is revised to read tients, but whose duties do involve func­ eneral Counsel determines such amend- as follows: tions of the kind included in § 0.735-73

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3176 RULES AND REGULATIONS

(b ), (c), or (d ), are required to file state­ appropriate), will become an interest- PART 19— BOARD OF VETERANS ments of employment and financial bearing lien, enforceable as a legal debt APPEALS interests. due the United States and subject to all ♦ * * * * available collection procedures in the Subject Matter of Appeals (E.O. 11222 of May 8, 1965, 30 F.R. 6469, 3 event of favorable action by the Board. Section 19.3 is revised to read as CFR, 1965 Supp.; 5 CFR 735.104) (c) Where the adverse action from which appeal is taken involves a change follows: These amendments were approved by in or addition to insurance currently in § 19.3 Subject matter of appeals. the Civil Service Commission on Decem­ force, premium payments must be con­ ber 26, 1967, and are effective on publi­ More specifically, the Board’s appel­ tinued on the existing contract. late jurisdiction covers questions of cation in the F ederal R egister. 4. In Fart 8, § 8.1 is revised to read as entitlement to: Compensation for serv­ Approved: February 12,1968. follows: ice-connected disabilities; pension for By direction of the Administrator. disability without regard to service con­ § 8.1 Definition of and criteria for “ good nection; death compensation and pen­ [seal] A. H. M onk, health” . sion; dependency and indemnity com­ Acting Deputy Administrator. (a) Definition. The words “good pensation; vocational rehabilitation, in­ [F.R. Doc. 68-2073; Filed, Feb. 19, 1968; health,” when used in connection with cluding need therefor; education and 8:47 ajn.] insurance, mean that the applicant is, training allowance; subsistence allow­ from clinical or other evidence, free from ance; educational assistance allowance disease, injury, abnormality, infirmity, or and special training allowance (38 U.S.C. PART 6— U.S. GOVERNMENT LIFE residual of disease or injury to a degree ch. 35) ; special allowance (38 U.S.C. INSURANCE that would tend to weaken or impair the 412) ; death gratuity (38 U.S.C. 423) ; in­ normal functions of the mind or body surance contracts, including total dis­ PART 8— NATIONAL SERVICE LIFE or to shorten life. ability income provision, reinstatements, INSURANCE (b) Criteria. Underwriting standards conversions, and changes of plan, and Miscellaneous Amendments for determining whether an individual is all insurance benefits; payment or re­ in “ good health,” based as far as prac­ imbursement for unauthorized medical 1. In Part 6, the centerhead immedi­ ticable on general insurance usage, will expenses; burial allowances; disability ately preceding § 6.155 is changed from be developed and published by the Chief suffered as the result of examination, “Definitions of ‘Good Health’ ” to “Good Benefits Director. He is responsible for treatment, or hospitalization or voca­ Health.” readjusting such standards to reflect tional training; emergency officers’' re­ 2. Section 6.155 is revised to read as medical advances and current experience tirement benefits; basic eligibility to follows: affecting mortality and disability. loans and unemployment compensation; § 6.155 Definition and criteria. adjusted compensation; waiver or recov­ 5. Section 8.117 is revised to read as ery of overpayments; waiver of payment follows: (a) Definition. Thè w o r d s “good of loan guaranty indebtedness (38 U.S.C. health” when used in connection with § 8.117 Appeal to Board of Veterans 1820(a)(4)); forfeiture of rights; and insurance mean that the applicant is, Appeals. all related mixed questions of fact and from clinical or other evidence, free from (a) The provisions of Part 19 of this law, such as character and type of serv­ disease, injury, abnormality, infirmity,"' chapter will be followed in connection ice, attorney fees, marital relations, de­ or residual of disease or injury to a de­ with appeals to the Board of Veterans pendency, validity of claims, apportion­ gree that would tend to weaken or im­ Appeals involving questions pertaining ment, reduction and increase in compen­ pair the normal functions of the mind to the denial of applications for insur­ sation or pension benefits, and similar or body or to shorten life. ance, total disability income provision, or questions. Under 38 U.S.C. 3203(b)(3), (b) Criteria. Underwriting standards reinstatement; disallowance of claims for jurisdiction extends to determinations for determining whether an individual is insurance benefits; and decisions holding of the Chief Attorney on the following in “good health,” based as far as prac­ fraud or imposing forfeiture. Notice to questions: need of a dependent parent; ticable on general insurance usage, will the applicant or claimant and his rep­ payments from appropriated funds to a be developed and published by the Chief resentative, if any, of the right to appeal dependent parent for his or her support; Benefits Director. He is responsible for will be sent by the insurance activity hav­ use of appropriated funds for the vet­ readjusting such standards to reflect ing jurisdiction over the case, at time eran’s institutional care and mainte­ medical advances and current experi­ action of denial, disallowance, or for­ nance. ence affecting mortality and disability. feiture is taken. (72 Stat. 1114; 38 U.S.C. 210) 3. Section 6.210 is revised to read as (b) When an appeal to the Board of This VA Regulation is effective date of follows: Veterans Appeals is initiated by a notice approval. of disagreement, any unpaid premiums, § 6.210 Appeal to Board of Veterans normally due under the policy from ef­ Approved: February 12, 1968. Appeals. fective date of issue or reinstatement (as By direction of the Administrator. (a) The provisions of Part 19 of this appropriate), will become an interest- chapter will be followed in connection bearing lien, enforceable as a legal debt [ seal] A. H. M onk, with appeals to the Board of Veterans due the United States and subject to all Acting Deputy Administrator. Appeals involving questions pertaining available collection procedures in the [F.R, Doc. 68-2078; Filed, Feb. 19, 1968! to the denial of applications for insur­ event of favorable action by the Board. 8:47 a.m.] ance total disability income provision, or (c) Where the adverse action from reinstatement; disallowance of claims which appeal is taken involves a change for insurance benefits; and decisions in or addition to insurance currently in holding fraud or imposing forfeiture. force, premium payments must be con­ Title 47— TELECOMMUNICATION Notice to the applicant or claimant and tinued on the existing contract. Chapter I— Federal Communications his representative, if any, of the right (72 Stat. 1114; 38 U.S.C. 210) to appeal will be sent by the insurance Commission activity having jurisdiction over the case, These VA Regulations are effective the [Docket No. 15586; FCC 68-126] date of approval. at time action of denial, disallowance, or MISCELLANEOUS AMENDMENTS TO Approved: February 12,1968. forfeiture is taken. CHAPTER (b) When an appeal to the Board of By direction of the Administrator. n the matter of amendment of Par^ Veterans Appeals is initiated by a notice [ seal] A. H. M onk, 21, 74, and 91 of the Commissions of disagreement, any unpaid premiums, Acting Deputy Administrator. es and regulations relative to the U' normally due under the policy from ef­ [F.R. Doc. 68-2072; Filed. Feb. 19, 1968; ising of microwave radio stations use fective date of issue or reinstatement (as 8:47 am.] relay television signals to community

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 RULES AND REGULATIONS 3177

antenna television systems, Docket No. appendix C.lb These pleadings are dis­ and Micro-Relay, Inc., support the pro­ 15586. cussed below in that order. posed amendment.3 AT&T states that 1. This proceeding was instituted on I. Parts II and IV of the Rule Mak­the potential of interference from CATV August 3, 1964, by a notice of proposed ing—A. Part II—Common Carrier Allo­ microwaves on landline companies is al­ rule making (29 F.R. 11458) to amend cations. 3. In Part II of the rule making ready serious and growing in all areas, certain sections of Parts 2, 21, 74, and 91 the Commission proposed to amend Part both urban and rural. In order to realize of the Commission’s rules and regula­ 21 of the rules so as to require relatively maximum future economies to the pub­ tions concerning the licensing of micro- short route common carrier microwave lic, many of the Bell System’s long-haul wave stations used to relay television systems serving CATVs to use frequen= TD-2 routes in the 4 Gc/s band have broadcast signals to CATV systems. The cies in the highest of the three bands al­ been constructed with the intention of rule making was subdivided into four located to the Domestic Public Point-to- further development at the same station parts, as follows: Point Microwave Radio Service. Under sites in the 6 Gc/s band. A large part of Part I—Proposed rules with respect to the present rules, this Service utilizes the the initial cost of a microwave route common carrier applications and show­ bands 3700-4200 Mc/s, 5925-6425 Mc/s, ponsists of the development of station ing of public need. and 10,700-11,700 Mc/s. Common carrier sites (which are affected by such factors Part II—Proposed frequency alloca­ stations serving CATV systems are as terrain, access roads, and distance to tions for common carriers serving CATV licensed primarily in the 5925-6425 Mc/s powerlines), buildings, and antenna systems. band/ Under the proposed amendment, structures, and only a relatively small Part m —Proposed noncommon car­ CATV common carrier stations would be share of the cost is represented by radio rier frequency allocations for CATV use. authorized only in the 10700-11,700 Mc/s equipment. Thus, the capacity of a sys­ Part IV—Technical standards. - band or the 5925-6425 Mc/s band, de­ tem on the same route' can later be increased at the relatively low cost of By a First Report and Order and Further pending on the total path lengths in air miles of the longest route of the system additional radio equipment. But where Notice of Proposed Rule Making issued the 6 Gc/s systems cannot be installed on October 5,1965 (1 F.C.C. 2d 897), the as follows: Path Length Frequency Band on the 4 Gc/s TD-2 routes because of Commission spun-off Parts I and III of frequency conflicts, it is necessary to the rule making for decision, deferred 400 or less miles. Only 10,700 - 11,700 develop new routes with a resultant sub­ Parts II and IV for later resolution, and Mc/s. 400-600 miles___ Only 10,700-11,700 stantial increase in cost of providing gave notice of further proposed rule mak­ facilities. ing to permit cooperative, nonprofit cost­ Mc/s unless good cause is shown 6. AT&T states that it has already sharing microwave relay arrangements why this band between community antenna relay sta­ found it necessary to redesign at least cannot be used. one backbone microwave relay route (the tions and television broadcast stations. 600 or more miles__ _ Either 5925 - 6425 The principal actions taken on Parts I Mc/s or 10,700- Dallas-Los Angeles route) at an addi­ and HI in the First Report were the 11,700 Mc/s, as the tional cost of about $800,000. In order to adoption of a requirement for a showing applicant chooses. avoid interference from a CATV micro- wave then operated by AntennaVision of 50 percent unrelated customers in While the amendment would be effective common carrier microwave applications Service Co., AT&T had to select alterna­ upon adoption for new applications and tive locations for four stations at a cost and the establishment of the Community modifications entailing replacement of Antenna Relay (CAR) Service for non­ of $200,000 each. These sites were difficult microwave equipment, existing stations of access and removed from roads and common carrier microwave service to would be accorded a transition period to CATV systems. The deferred portions of powerlines, whereas the route as origi­ February 1,1971. nally engineered was more direct and the rule making concern a proposal (Part 4. The intent of this proposal was to ID to require relatively short route com­ would have been along highways and alleviate the interference potential be­ powerlines. AT&T also claims that it was mon carriers serving CATV systems to tween CATV common carriers and the use the highest of the three frequency unable to establish a new route between transcontinental microwave systems of New York City and a junctional station bands (3700-4200 Mc/s, 5925-6425 Mc/s, the landline carriers in the 5925-6425 and 10,700-11,700 Mc/s) allocated to the (Deposit) in south-central New York be­ Mc/s band, as well as to relieve antici­ cause of thé interference potential from Domestic Public Point-to-Point Micro- pated congestion in urban areas in this wave Relay Service, dnd a proposal (Part microwave stations in the 6 Gc/s band band. In the belief that relatively short serving CATV systems. Appended to the IV) to adopt technical standards for the route microwave systems can provide CAR service which would increase the fully satisfactory service in higher fre­ AT&T comments is, a list of several ex­ number of video channels that could be quencies, we proposed to gear CATV amples of existing Bell microwave sys­ delivered within the allocated spectrum common carrier use of the 6 and 11 Gc/s tems that allegedly cannot be expanded space.1* bands to the length of the particular sys­ by the addition of 6 Gc/s equipment be­ 2. Comments and/or reply commentstem in orddr to preserve the lower fre­ cause of potential interference from on Parts II and IV of the rule making quencies for those long haul CATV and existing CATV microwave systems—a nave been received from the persons landline systems which allegedly cannot listed in Appendix A hereto .lb Petitions now operate satisfactorily at 11 Gc/s. sitüation which will become more serious for reconsideration of the First Report (Notice, paragraphs 14-17.) if new CATV microwave stations are nave been filed by the persons listed in Comments of the parties. 5. Of those appendix B.lb Comments on the further commenting on Part II, only American 2 Micro-Relay, Inc., a Westinghouse sub­ «ohce of proposed rule making have Telephone and Telegraph Co. (AT&T) sidiary operating in Georgia, recognizes that oeen received from the persons listed in a problem of frequency congestion, particu­ 2 There is one CATV microwave system in larly in large urban areas, may well justify , f* was proposed to require either na the 3700-4200 Mc/s band and two in the the adoption of rules substantiaUy as pro­ « rtiL 't2'5 Mc/S channel-width) opera 10,700—11,700 Mc/s band. While these three posed. However, it urges the Commission to +. „ ,band (25 Mc/s channel-width) op systems are operated by telephone com­ preserve a maximum degree of flexibility 12.5 Mc/s spacing between ass panies, there are two proposals from non­ ame frequencies and overlap of sideba telephone companies for CATV microwave in dealing with microwave systems in areas flfl.er either alternative, the use of tiltec systems to operate solely in the 10,700-11,700 where frequency congestion presents no real +™Sa?«'m ou n ted on elevated st Mc/s band. Applications are pending for 77 problem and unusual amounts of rainfall hiawLi Pplccope” antennas) would be frequencies in the 10,700-11,700 Mc/s band, pose real obstacles to the utilization of nmn* ' 14 was also proposed to pro] to be used in systems also using 6 Gc/s fre­ higher frequencies. The notice herein (foot­ arLtennas in the 6 and 11 i quencies and thirteen 11 Gc/s frequencies , conun°n carrier stations use have been licensed to such systems. Applica­ note 17) stated that the Commission would ay television signals to CATV system tions are pending for eight frequencies in the treat areas with exceptionally heavy rainfall 3700-4200 Mc/s band by systems also using density, such as the gulf coast area, on a tnetbn ^?Lendices original document. A> B> and C filed as pa: 6 Gc/s frequencies. case-by-case basis.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3178 RULES AND REGULATIONS added to those already in the 6 Gc/s and 6 Gc/s bands and its goal of efficient because congestion is likely only in major band.* spectrum utilization. However, they urban areas and CATV systems will al­ 7. In addition, AT&T states that inter­ claim that common carriers serving legedly operate principally in rural areas ference potential from CATV microwave CATV systems do not contribute to the where circuit density is always likely to systems has precluded the use of precau­ congestion problem in urban areas be­ be too low for frequency conflict. In tions normally taken for security and cause their operations usually com­ support of this contention Cullum sets survivability in the construction of gen­ mence outside the circle of congestion forth a detailed analysis of the future eral common carrier microwave systems. and proceed through sparsely settled frequency requirements of CATV micro- Because of interference from CATV car­ areas. With respect to any existing or wave systems, both common carrier and rier Mesa Microwave Co., it was neces­ potential problem in rural areas, it is private. He estimates that CATV will sary for AT&T to change the route of a urged that frequency and system coordi­ need a total of approximately 11,000 microwave system between Oklahoma nation in all three common carrier transmitters for microwave systems City and Amarillo and, in the rerouting, bands would achieve greater flexibility averaging 61 miles or two microwave the customary 30 miles security separa­ and a more efficient use of spectrum hops in length and relaying an average tion between a coaxial cable and the space than a tight compartmentalization of three television signals each. On the radio system could not be maintained. of use of the 6 and 11 Gc/s bands based premises that future CATV frequency re­ In urban areas, the congestion problem on mileage criteria. quirements would constitute only 3 per­ consists primarily of terminating several 10. Various parties have submitted cent of the nationwide capacity of the 4 routes coming into the area from various engineering studies and/or counterpro­ and 6 Gc/s bands and that CATV micro- directions. AT&T claims that this must posals which either recommed alterna­ wave operations will be remote from be accomplished in such a manner that tive solutions or purport to show the ab­ urban centers, Cullum anticipates no one system does not interfere with an­ sence of any present or potential conges­ problem warranting Commission action. other and yet there is allowance for tion problem. Electronic Industries As­ 12. Cullum’s estimate of CATV micro- future utilization of the entire band of sociation (EIA) suggests that a system wave needs is based on the following frequencies on each route. of primary and secondary eligibility in assumptions: 8. Accordingly, AT&T requests that the common carrier bands be estab­ a. Each CATV system will offer its the Commission revise its proposal to lished, i.e., that common carriers serving subscribers only the following television require all common carriers serving CATV systems be given primary eligi­ signals: Three full network affiliates CATVs, including systems of any length, bility in the 11 Gc/s band and secon­ (obtained from the nearest source), one to use the 11 Gc/s band. AT&T states: dary eligibility in the 4 and 6 Gc/s bands, full-time major independent station, and The current state of the art makes this without regard to distance but subject one educational station. . feasible. It is generally recognized that IP to a requirement of not creating present b. There will be no need for micro- heterodyne equipment will provide satisfac­ or future interference to landline com­ wave to bring outside signals into major tory transmission performance over routes mon carrier systems. The National As­ metropolitan areas with three full net­ exceeding 600 miles in length. Such equip­ sociation of Microwave Common Car­ work stations, one independent station, ment for operation at 11 Gc/s is now obtain­ riers (NAMCC) has appended an engi­ and one educational station. Since able. neering study by Microwave Services In­ Docket No. 14229 provides for independ­ On the basis of its experience in the 6 ternational, Inc. (M SI), which urges the ent stations in most of the top 75 mar­ and 11 Gc/s bands, AT&T urges that Commission to establish system coor­ kets, there will be no need for micro- system performance at 11 Gc/s is vir­ dination guidelines and compatible fre­ wave into these markets. tually as satisfactory as at 6 Gc/s, and quency pattern plans and require all c. CATV systems in communities lo­ claims further that 11 Gc/s equipment short-haul systems to conform to them. cated within the Grade B contour of would cost no more than 6 Gc/s equip­ Thus, MSI claims, short-haul systems three full network affiliates and a full­ ment if produced in equal volume.® would be engineered so as not to disrupt time independent station will not use 9. Those commenting in opposition to the total (existing and reserve) channel microwave. the proposed rule amendment generally needs and frequency patterns of existing d. CATV systems in communities of share the Commission’s concern about long-haul systems, and new long-haul less than 5,000 population will not have present and potential congestion in the 4 systems could be routed and coordinated sufficient subscribers to justify micro- in a uniform environment of frequency wave costs. patterns. The comments of Video Serv­ e. CATV systems in communities over 4 In. reply to comments asserting that such ice Co., Golden West Communications, 5,000, which need microwave in order to situations could be avoided by coordination and Western TV Relay, Inc., support the with CATV microwave applicants, AT&T provide three full network services, one states that it is not always possible to coordi­ NAMCC proposal for frequency pattern independent and one educational sta­ nate to the degree that will avoid intolerable compatibility and system coordination, tion, will obtain the missing signals from interference, especially when station loca­ and also append an engineering study by the nearest source and the microwave tions are already fixed on existing routes. George C. Davis. Davis proposes a fre­ link will run from the Grade B contour 5 In response to comments that additional quency assignment table for CATV com­ of such stations to the CATV system.4 microwave hops would be required at 11 mon carriers using the 11 Gc/s band f. Each CATV system will use its own Gc/s to overcome propagation effects (mainly (similar to that proposed in Part IV for rain), AT&T challenges as erroneous the view microwave systems to obtain network that system reliability is increased by adding the CAR service, including 12.5 Mc/s and educational signals, but will share more stations. Claiming that additional hops separations) and the prescription of facilities or use common carrier service decrease reliability due to outages from standards for the determination of in­ in the case of independent signals. equipment and power failures, it urges that terference. These parties also suggest Otherwise microwave costs would be pro­ the preferable course is to add some degree that the 11 Gc/s band should be used hibitively expensive where the commu­ of emergency power to existing stations within 15 miles of major urban areas, in nity is located a great distance from the which will more than compensate for any Western areas which lack heavy rainfall, nearest independent station. additional outage due to rain attenuation. and to provide cross-band diversity for In this connection, AT&T points out that the g. Presently, the largest single micro- Bell System uses protection channels, landline carriers. wave requirement is for independent standby primary power, and techniques for 11. The National Community Tele­ stations because of the limited number minimizing propagation effects, whereas vision Association, Inc. (NCTA), has sub­ CATV common carriers normally do not in­ mitted a lengthy engineering study by corporate these features in their systems. A. Earl Cullum, who concludes that * Cullum does not count as “full network Given the degree of reliability that could affiliates” stations affiliated with more than existing or potential congestion in the on£ network, or stations located in com­ be expected from the normal CATV carrier common carrier bands is not a valid basis method of operation, AT&T asserts that the munities of less than 250,000 population. relatively small increase in outage resulting for the proposed allocation action. Cul­ Stations broadcasting any network program­ from a change in operation from 6 to li lum contends that there will be a geo­ ing, or in a foreign language, or located Gc/s would not constitute a deterrent to graphic accommodation between land­ oommunity of less than 250,000 population use of the 11 Gc/s frequencies. line and CATV common carrier systems are not counted as “independent stations.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 RULES AND REGULATIONS 3179

of such stations. However, if UHF suc­ of major urban centers (e.g., Cleveland, jor metropolitan areas and in obtaining ceeds and independent stations are Philadelphia, San Diego). While many of such signals the CATV carrier may add established in most of the top 75 mar­ these signals are obtainable off-the-air, to the congestion of access routes to the kets, there will be smaller microwave in a significant number of instances city. Although Cullum assumes that needs to bring in the closest independ­ microwave is proposed. The signals to be signals will be picked up at the fringe of ent station and the total estimated re­ provided by microwave often include the station’s Grade B contour, our files quirement for 11,000 transmitters will be more than one independent station and show examples of signals picked up in reduced accordingly.7 the source is not necessarily the closest. Salt Lake City, within 17 miles from Salt 13. In addition to claiming that noAt the present time a mircowave system Lake City, 24 miles from Los Angeles, problem exists, Cullum disputes AT&T’s is under construction to bring four inde­ 34 miles from Chicago, and 39 miles from claim that system performance at 11 pendent signals from Los Angeles into New York City. The trend is to pick up Gc/s is virtually as satisfactory as at New Mexico. Moreover, microwave grants signals closer to the city of origination 6 Gc/s for CATV microwave and that have been made to bring three New York in order to improve color signal quality. equipment costs would be the same if City independent stations to numerous In any given area there are usually cer­ produced in equal volume. Cullum states communities in upstate New York, in­ tain sites which are more desirable for that while 10-hop systems at 6 and 11 cluding several in the 31st television microwave stations due to terrain, access Gc/s may exhibit the same overall re­ market (Syracuse). See, e.g., the micro- and availability of power. Most systems liability under assumed conditions, the wave applications of American Television radiate in a spokelike fashion from these 6 Gc/s system would cover at least Relay (ATR), Western Microwave, Inc., large metropolitan areas, utilizing such 60 percent more miles than the 11 Gc/s and its subsidiaries, Trans American sites, and thereby block or complicate system.8 Moreover, even if 6 and 11 Gc/s Microwave, Inc., and New York-Penn landline carrier access to the community equipment have equal cost, Cullum urges Microwave, Inc., for expansion of their from many directions. Congestion also that 11 Gc/s operation requires more systems. occurs at the perimeters of metropolitan stations and hence more equipment.9 15. It appears, therefore, that Cullum areas as a result of efforts by landline And, finally, both Cullum and MSI claim has greatly underestimated the number carriers to bypass large metropolitan that AT&T’s examples of Bell System of signals offered to CATV subscribers, centers with long-haul through traffic. routing problems could have been worked the quantity of signals obtained by 18. Apart from the apparent invalidity out if AT&T had made any effort to co­ microwave, and the sources of such of other assumptions underlying Cul­ ordinate its plans and activities with signals. But, more important, the premise lum’s estimate of CATV microwave the carriers involved. They suggest that that CATV microwave needs will fall in needs, Cullum appears to be in error in rather than rerouting the AT&T routes rural areas remote from urban centers assuming that his estimated total of at great cost, the solution should be to overlooks the present trend of CATV into 11,000 CATV transmitters would con­ require the CATV carrier to relocate larger communities and major televi­ stitute only 3 percent of the stations that its stations or change frequencies. sion markets. While § 74.1107(a) of the could be established in the 4 and 6 Gc/s Discussion. 14. we are unable to accept rules precludes CATV systems from bands. Cullum states that 80 channels or Cullum’s estimate of CATV microwave furnishing distant signals within the a total of 300,000 possible stations could needs or his conclusion that no potential Grade A contour of any station in one of be derived from the 1000 Mc/s of spec­ frequency conflict exists. The assump­ the top 100 markets without an evidenti­ trum space in the 4 and 6 Gc/s bands, tions underlying Cullum’s estimate do ary hearing and Commission approval, with 12.5 Mc/s spacing between chan­ not comport with the trend of CATV the Commission has granted some' nels. But this theoretical possibility is operations in cases coming before the waivers of this rule and has reached no at odds with present reality. The chan­ Commission. Our experience has been determination as to whether other nel spacing in these bands is con­ that many CATV systems presently pro­ signals will be permitted at the conclu­ siderably broader than the 12.5 Mc/s pose to offer their subscribers 12 or more sion of the hearing. Thus, we cannot used in Cullum’s calculations, and television signals, both in underserved ignore the potentiality of serious fre­ CATV microwave systems (with only areas and in communities where televi­ quency conflicts in the vicinity of major two exceptions) do not operate in the sion broadcast service is available from at urban areas where it is conceded that 4 Gc/s band. Only 24 channels are least three full network stations and an congestion is likely. available in the 500 Mc/s in the 6 independent station.10 The number of pe­ 16. Nor are we persuaded that no Gc/s band, with 20 Mc/s channel spac­ titions for waiver of § 74.1107(a) demon­ problem is likely to exist in rural areas. ing (and even fewer with 30 Mc/s chan­ strates the widespread CATV interest in The comments of AT&T give several ex­ nel spacing). Moreover, in stating that bringing distant signals, both network amples of long-haul 4 Gc/s routes that 3,750 stations could be established on and independent, into the top 100 tele­ cannot be fully developed at existing sta­ each channel, Cullum assumes that these vision markets and even into the vicinity tion sites because of potential inter­ stations would be distributed evenly ference from CATV microwave opera­ throughout the United States. However, 7 Of the estimated total CATV requirement tions in rural areas. If these and other since the population centers served by transmitters, Cullum estimates segments of the long-haul routes must CATV and landline carriers are not that half would be used to carry independ­ be relocated in order to expand to 6 Gc/s ents over relatively long routes, many more evenly spaced throughout the country, than 800 miles in length, from the 16 cities frequencies, the cost would be reflected microwave routes tend to converge where where independent stations were located (in in rates charged to the public for gen­ the people are and the desirability of July 1965 when the Cullum Report was eral common carrier services. It may be certain station sites in terms of terrain, filed). that this result could be avoided through ease of access and availability of power 8 Cullum also disputes AT&T’s estimates o: frequency pattern and system coordina­ leads to further concentration of micro- outages and its assumption that CATV car- tion or through relocation of CATV wave routes. Thus, the potential number w S i.d° not re(luire as high reliability ai microwave stations. But we note that the landllne carriers. Noting that most CAT'S of stations effectively to be derived from lcrowave systems now have comparativel; ATR applications, although subsequently each channel is far less than the number ^ ~°PS’ Cullum asserts that greater reli amended to obviate frequency conflicts of stations theoretically possible if prac­ anrf required as distances increase with the Bell Systejn, nevertheless pre­ ticalities are ignored. 9 ft customers demand better service sent a number of frequency conflicts with 19. The foregoing has been directed ullum also notes that the need for het other CATV microwave systems. (See toward the potentiality of frequency con­ an(f standby RP equipment develop) paragraph 14, supra.) In any event, the flicts between CATV and landline com­ Increases**^ ** Gc/s as system lengtl existence of potential frequency conflicts mon carrier operations in the 6 Gc/s in rural areas requiring some kind of 7 Akron Telerama, Inc., et al. band, and does not take account of satel­ oi ,,d I"9* Susquehana Broadcasting Co, remedial action is not generally disputed lite earth stations sharing this and the vising 7pOC2d ®78; General Electric Cable in the comments. 4 Gc/s band. As yet only a few earth ford TCOrP-’ 7 PCC 2d 592: CATV of Rock 17. Moreover, even where the CATV stations have been established in the ViRi ’ In°:* al- 7 PCC 2d 218; Fetzer Cabli microwave need is to serve smaller United States for the international com­ vision a*" ® 2d 845; American Tele communities in remote rural areas, the mercial communications satellite system sion Relay, Inc., et al., 6 FCC 2d 837. signals carried generally originate in ma­ of Intelsat. However, various proposals

No 35_____ FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3180 RULES AND REGULATIONS

have been made in Docket No. 16495, In efficient use of spectrum space in the fre­ of any of the top 25 Standard Metro­ the Matter of Establishment of Domestic quency bands involved and to plan for politan Statistical areas as ranked by the Non-Common Carrier Communications the imminent future in this dynamic U.S. Census Bureau. Satellite Facilities by Non-Governmental field. It is important here, as in other c. As suggested by some of the parties, Entities, for a domestic satellite system situations, to act effectively before fur­ we believe it desirable to establish fre­ or systems to operate, at least initially, ther microwave operations become estab­ quency and system coordination guide­ with 6 Gc/s transmission up to the satel­ lished or well-entrenched, in view of the lines to facilitate coordination between lite and 4 Gc/s transmission down to the difficulty or impracticability of later at­ CATV and other carriers in the 4 and 6 receiving earth stations. These proposals tempting to roll back the situation if Gc/s bands and to ensure an efficient contemplate at least three transmit- serious adverse consequences to the pub­ and compatible use of spectrum space receive earth stations and a large num­ lic should develop. See, Second Report by all licensees in the 10.7-11.7 Gc/s ber of receive-only earth stations (pos­ and Order in Dockets 14895, 15233, and band. Accordingly, we will shortly insti­ sibly in the order of 70 or so).u Our 15971, 2 FCC 2d 725, 782; Buckeye Cable- tute a new proceeding which will afford studies concerning off-path scatter inter­ vision, Inc. v. Federal Communications interested persons an opportunity to ference have tended to show a much Commission, Case No. 20,274 (C.A.D.C.), comment on the Commission’s rule greater potential of “common volume” decided June 30,1967. making proposal in this area. interference between terrestrial micro- 21. The question of what remedial B. Part IV—Technical Standards for wave systems and satellite earth stations course would best serve the public inter­ CAR Service. 22. In Part IV of the rule sharing frequencies in the 6 Gc/s band, est is more difficult. As indicated above, making, the Commission proposed to than was anticipated. our proposal to make use of the pertinent divide the 250 Mc/s made available to 20. We do not know now, of course,bands dependent upon system length CAR stations into 20 assignable frequen­ what will be the precise dimensions of received little support in the comments cies, spaced at 12.5 Mc/s from adjacent any domestic satellite system or systems of interested persons and much opposi­ assignments within the band. Alternative that may shortly be established or the tion on grounds of asserted inflexibility proposals were made with respect to potential impact of the availability and too rigid compartmentalization. bandwidth and channel arrangements. of satellite facilities for television dis­ However, a number of parties have prof­ The first proposal was for narrow band tribution on the need for long-distance fered counterproposals which appear operation without overlap of principal microwave relay systems to bring tele­ meritorious, at least in part. After care­ sidebands. The second proposal would vision signals to CATV systems. Nor do ful consideration of all the suggestions permit wideband operation, as under 25 we know the outcome and potential ef­ which have been made and on the basis Mc/s spacing, but would provide for fect on CATV microwave needs of a ju­ of our own judgment as to what would 12.5 Mc/s spacing between assignable dicial and/or legislative resolution of the best serve the public interest at this frequencies and for overlap of sidebands. pending questions of CATV copyright li­ juncture, we have decided upon the fol­ Specific proposals with respect to techni­ ability and program origination. See, lowing measures: cal standards under these alternatives United Artists Television, Inc. v. Fort­ a. We believe it imperative that new were made in paragraph 32 of the notice, nightly Corp. (Case No. 256, C.A. 2, de­ microwave facilities for service to CATV which included a proposal to prohibit the cided May 22, 1967), affirming 255 F. systems not be authorized in the 4 and 6 use of tilted reflecting screens mounted Supp. 177; H.R. 2512, passed by the Gc/s bands, either to miscellaneous com­ on towers or other elevated structures House on April 11, 1967, and now pend­ mon carriers or to landline carriers, in (sometimes referred to as “periscope ing before the Senate; S. 597, 90th Cong., order to preserve the ability of the land­ antennas” ) . In addition to inviting com­ 1st sess. But it seems clear that these line carriers to expand their facilities ments on the foregoing rule making pro­ unresolved matters may have a substan­ for general service to the public econom­ posals, the notice requested information tial impact on CATV microwave needs ically and to facilitate the establishment on the feasibility of ultimately employ­ and on the important public interest in of domestic satellite facilities in these ing in the CAR service “back-to-back” efficient use of scarce spectrum space. bands until such time as higher frequen­ operation and the use of vestigial side­ In view of the continued rapid growth in cies may be used for this purpose. Ac­ band amplitude modulation video trans­ the number of CATV systems and the na­ cordingly, commencing with the effective mission with accompanying FM sound ture of their actual and proposed opera­ date of our order herein, applications for (notice, paragraphs 34-35).“ tions, the number and length of CATV new common carrier microwave facilities 23. With respect to the principal issue common carrier microwave proposals to serve CATV systems (including such concerning the proposed alternatives of (see paragraph 14 above), their poten­ applications by existing systems in the narrow band operation or wideband tial effect on economical expansion of the 4 and 6 Gc/s bands) will be accepted and operation with overlap of sidebands, the microwave systems of the landline com­ granted only in thè 10.7-11.7 Gc/s band. comments and studies in the record have panies and on the location of earth b. In order to minimize any disruption not proved very helpful in assisting our stations for satellite communications, we to existing common carrier systems pro­ determination. The Commission’s Chief think it our clear responsibility to act viding microwave service to CATV sys­ Engineer placed in the record for com­ now to preserve the opportunity for an tems in the 4 and 6 Gc/s bands, existing ment an engineering study, Report No. licenses in these bands will be continued R-6408, on the second alternative of u A domestic satellite proposal by AT&T without modification until their expira­ 25 Mc/s channels on 12.5 Mc/s centers. in Docket 16495 contemplates use of fre­ tion on February 1,1971. Applications for This proposal was supported by Elec­ quencies in the 18 Gc/s region of the spec­ renewal will be granted only upon the tronic Industries Association (EIA), trum for a down link after 1972, in order to conditions set forth in the rules in the though it opposed the first alternative of obtain an exclusive frequency allocation. But attached appendix D, i.e., upon condi­ there appears to exist a problem of accom­ tion that such use of the 4 and 6 Gc/s modating competing demands for scarce 12 Although the notice discussed the need spectrum space even at 18 Gc/s, where Tele­ bands by microwave carriers serving for efficient usage of the radio spectrum in prompter Corp. has petitioned for rule mak­ CATV systems is on a secondary basis the common carrier bands and invited con­ ing to establish on a nationwide basis a high to use by general common carriers and structive suggestions (paragraphs 36-39), the capacity, local radio distribution service for licensees of satellite-terrestrial facilities; only rule making proposals as to technical CATV use in conjunction with CATV wire that such licensees may be required to standards for common carrier operation distribution facilities (RM 1104). And, of shift frequencies or routes, if necessary, were: (1) A proposal to prohibit the use of course, the proposed establishment of a periscope antennas in the 6 and 11 Gc/s to accommodate economical expansion of bands, and (2) a proposal to require licensees domestic satellite system or systems and of the facilities of the landline carriers and a nationwide high-capacity, local distribution in the 11 Gc/s band to use equipment capa­ system also entails the possibility of a need the location of earth stations for satel­ ble of maintaining the unmodulated carrier for additional microwave terrestrial facilities lite facilities; and that such licensees frequency within 0.02 percent of the as­ to interconnect earth stations with the local will be required to use frequencies in the distribution facilities of the telephone and signed frequency (footnotes 24 and 26 of the telegraph companies, radio and television 10.7-11.7 Gc/s band for microwave sta­ notice, section 21.122 of the rules proposed stations, and CATV users of such services. tions within 50 miles of the principal city in appendix B to the notice).

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 RULES AND REGULATIONS 3181

12.5 Mc/s narrow band operation.“ distances contemplated by CATV oper­ ference that might be caused by newly Jerrold Electronics Corp., on the other ators are considerably greater than those authorized stations. Applicants for new hand, which also conducted equipment originally contemplated for this service, stations are expected to choose locations tests on the feasibility of the proposed and also because relay operators place and select channels that are not likely CAR channel spacings, challenges the heavy reliance upon standard techniques to cause harmful interference to any Chief Engineer’s report and urges that and readily available equipment for ef­ station authorized at the time such ap­ it would be' necessary to omit every other fecting economical piecemeal expansion plications are filed and the Commission channel in order to use 12.5 Mc/s spac­ of their facilities. will undertake to avoid granting author­ ings. AT&T and NAMCC devote their 26. The technical standards adopted izations which would be likely to cause comments and studies almost entirely to herein for channels in the 12,700-12,950 interference. If, in spite of such precau­ the common carrier matters involved in Mc/s band provide for ten 25 Mc/s tions interference does occur, it shall be Part II supra. In addition to directing channels, starting at 12,700 Mc/s The the responsibility of the new stations to extensive comments toward the common number of TV programs that may be correct the interference or cease opera­ carrier issues, Cullum treats in useful relayed over single and multihop systems tion. The “exclusive” nature of such as­ detail the proposed technical standards will depend upon the manner in which signments does not carry with it the for the CAR service. Cullum is of the the system is engineered. Such tech­ right to operate the stations when they view that 12.5 M c/s bandwidth is un­ niques as the use of a diamond pattern are not performing a service. The num­ suitable for accomplishing a high quality or otherwise dividing the route into two ber of program channels that will be and economical CATV relay over con­ separated paths which converge at the available to each user will depend largely siderable distances, but suggests that the destination make it possible to use the upon the engineering planning that goes 12.5 Mc/s spacing “appears practical and directional properties of receiving an­ into the system. In some cases this may desirable for assigning frequencies to tennas to permit use of all 10 channels. result in higher costs than if an un­ different systems passing through the Cross-polarization or rotating polar­ limited supply of channels were avail­ same geographical locality.” However, ization may also be used to provide able. In any case, CAR users desiring Cullum futher asserts that in a single discrimination. Although the use of “per­ more channels than can be obtained by system, a minimum spacing of 25 Mc/s iscope” antennas is not prohibited, such the use of available CAR channels may should be maintained between channels use may not permit back-to-back relay obtain additional channels from a com­ received from the same direction at a operation. Users desiring additional mon carrier. terminal or relay point, and a spacing of channel availability will have to forego C. Common carrier renewal appli­ at least 37.5 M c/s should be maintained the use of “periscope” antennas and re­ cants. 29. In the first report and order in between any channel received at 'a sort to back-to-back operation. Other­ this proceeding, in Part I the Commis­ terminal or relay point and any channel wise, if the channels provided in this sion amended §§21.700 and 21.709 of transmitted from that point. band are insufficient to satisfy the de­ the rules to require a showing in common 24. All of the parties who commented sires of users, they may turn to common carrier applications for stations to be on either the common carrier issues or carriers for additional channels. used to relay television signals to CATV the CAR technical standards opposed 27. We have also listed 10 channels in systems that “at least 50 percent of the the proposed ban on periscope antennas. this same band that are offset by 12.5 customers (on the microwave system in­ Cullum and Jerrold Electronics com­ Mc/s, but are 25 Mc/s in width and thus volved), including customers of any in­ mented in addition that vestigial side­ overlap the first 10 channels. There is terconnecting carrier(s), receiving ap­ band is not technically feasible in the little experimental data to show the plicant’s service are unrelated and un­ present state of the art, except perhaps effects of such overlapping on the quality affiliated with the applicant, and that the for single-hop routes, and both asserted of the program material so transmitted. proposed .usage by such customers, in that “back-to-back” operation is imprac­ If this is serious, these channels by strad­ terms of hours of use and channels de­ ticable except under unusually favorable dling two of the regular channels may livered, constitutes at least 50 percent conditions and would require sophisti­ make both unusable/Such a sacrifice of of the usage of applicant’s microwave cated engineering.14 two channels for one obviously would be systems.” Applications which do not con­ 25. In light of the foregoing, we have untenable. Television STL stations which tain the required showing are returned decided not to adopt a prohibition share these channels on an equal basis as unacceptable for filing. However, un­ against periscope antennas at this time are a part of the overall TV broadcasting der § 21.709(b) of the rules adopted in nor a general requirement for “ back-to- system which is required to meet certain the first report, noncomplying renewal back” use of channels at all installations. performance standards. Therefore, the applicants may be granted a waiver to We do note, however, that “back-to- use of the interleaved channels will not continue to use common carrier frequen­ back” operation may be a necessary ex­ be authorized until the 10 regular chan­ cies under the technical standards ap­ pedient in the future to permit several nels are fully used and then only if it plicable to such frequencies until Feb­ systems to make use of a common site. can be demonstrated that such use will ruary L 1971, if they elect to transfer We note also the strong objections to the not degrade thé regular channels to the to the CAR service. Since such election proposed technical standards calling for extent that users cannot meet the qual­ need not be made until 60 days after file channel widths limited to 12.5 Mc/s. ity standards required of TV broadcast issuance of a report and order resolving These objections are found persuasive stations. In the event that the use of Parts n and IV of the proceeding, non­ because the number of hops and route interleaved channels is authorized, it complying renewal applicants have been may be necessary to require a stricter granted so-called “short-term” renewal EIA also supported the proposed tech­ frequency tolerance than the 0.02 per­ for a term ending with the expiration nical standards for an 0.02 percent frequency cent adopted herein. of this election period or on February olerance in the CAR service, 5 watts maxi­ 28. The Commission cannot find that 1, 1971—the general expiration date of mum transmitter power, and 3° maximum the public interest would be served by earn width antennas. Cullum*s position was the current license term of this class vhe same on these questions. allocating more than the 250 Mc/s pro­ of stations under § 21.32 of the rules— vided herein to the Community Antenna 14 We note in this connection that Tele­ whichever is earlier.“ prompter Corp. in petitioning for rule making Relay Service. Furthermore, these chan­ 30. Accordingly, since Parts n and IV o establish a nationwide high capacity, nels are available equally to TV broad­ of the rule making have now been re­ local distribution radio service (RM-1104), cast auxiliary stations, Le., STL and solved, such short-term licenses will ex­ Pf-hlE5368 a single sideband, amplitude modu- intercity relay stations, and may be used ea operation in the 18 Gc/s region of the pire either 60 days from the release date 2 2 2 ? * which would permit a 6 Mc/s by TV pickup stations subject to the con­ of our order herein or on such other sub­ evision channel to be relayed for 1-3 dition that no harmful interference is sequent date as may be ordered by the crowave hops in 6 Me/s of spectrum space. caused to the Community Antenna Relay _i® ®,pro®aPrter has also advised the Commis- v „ ® that it believes that “back-to- Service or to TV intercity relay and STL “ Undersection 307(d) of the Communica­ 4.,T7„. operation would be feasible for a rela­ stations. Existing stations in both serv­ tions Act, the Commission may not grant tively few microwave hops. ices will be protected from harmful inter­ any license for a longer term than 5 years.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3182 RULES AND REGULATIONS

Commission.18 In the meantime, licensees (paragraphs 9,11-13). The standard en­ 34. With respect to Part HE, which holding such short-term licenses may ex­ compassed in the rule has not proved established the CAR service and declined ercise the election privilege accorded by difficult to administer. Whereas there to accept new CATV applications in the § 21.709(b) or seek a regular renewal in were over 100 miscellaneous common Business Radio Service, NCTA-NAMCC the common carrier service pursuant to carriers serving CATV systems several urge that no justification has been shown the provisions of § 21.709(a) if they can years ago, there are only approximately for moving the largest user in the Busi­ now comply with the requirements of 74 at this time. This attrition has oc­ ness Radio Service; that, as shown by that section. Provided application is curred primarily through the acquisi­ the Cullum Report, uses will not conflict made before expiration of short-term tion of smaller carriers by larger since other users are predominantly in licenses, licensees who file either in the ones and the size of such major car­ urban areas whereas CATV microwave CAR service or for renewal in the com­ riers has grown significantly. Three is located only in rural areas; and that mon carrier service are authorized to carriers—American Television Relay, a 250 Mc/s allocation is unjustified and continue their existing operations until Inc.; TransAmerican Microwave, Inc.; premature to the extent that it may be 30 days after Commission action on such and Western Microwave, Inc.—largely based on technical standards still at issue application. dominate the CATV microwave service in Part IV. For the reasons stated in II. Petitions for reconsideration of the west of the Mississippi River. ATR paragraphs 14-15 herein, we cannot ac­ first report and order resolving Parts serves or proposes to serve approxi­ cept the assumptions underlying the I and III of the rule making. 31. Petitions mately 61 CATV systems (five of which Cullum Report. We think that the public for reconsideration of the first report are affiliated), Western approximately 84 interest and sound spectrum manage­ were filed by National Community Tele­ systems (29 of which are affiliated), and ment would best be served by adhering vision Association, Inc. (NCTA), and Na­ TransAmerican approximately 13 sys­ to the resolution of Part III in the first tional Association of Microwave Common tems (none of which are affiliated). The report. Carriers (NAMCC), filing jointly; Jer- trend of proposed microwave service in 35. Some of the contentions with re­ rold Electronics Corp. (Jerrold), and cases pending before the Commission is spect to specific provisions of the CAR Video Service Co. (Video Service) ' sub­ clearly toward larger carriers whose op­ service rules warrant discussion. The mitting substantially identical petitions; erations continue to add new customers NCTA-NAMCC and the Jerrold Video and 39 common carrier licensees signa­ as signals are brought over longer dis­ Service petitions claim that the require­ tory to a single petition. The NCTA- tances encompassing several States, and ment in § 74.1035 for manned remote NAMCC petition,'which was adopted by microwave costs are reduced concomi­ control positions is burdensome and is the 39 common carrier licensees, is prin­ tantly. Whatever other public interest not required in the Common Carrier and cipally directed toward the rule amend­ questions may be posed by such appli­ Business Radio Services. Remote control ments in Part I involving §§ 21.700 and cations, there is clearly no problem of is by definition the operation of a station 21.709 of the rules.17 It is asserted that the meeting the standards of §§ 21.700 and by a qualified operator at a place other first report did not state good reasons for 21.709 of the rules. than the transmitter location. Therefore, the rule amendments; that the standard 33. While some of the older and small­you cannot have an unmanned “remote of unrelated or unaffiliated is unreason­ er carriers, whose operations commenced control” position. The petitioners are able in that it might cover situations historically in order to serve a particular confusing “remote control” with “un­ where there is a common stockholder or affiliated customer (see, notice herein, attended” operation. This becomes ap­ where a carrier rents space on a custom­ paragraphs 7-10) may have difficulty in parent in their further protest that the er’s tower, and is invalid for vagueness; complying with § 21.709(b) by the ex­ requirement in § 74.1073 for a li­ and that the return of noncomplying ap­ piration of the election period, we think censed operator to be on duty to monitor plications without hearing is unlawful be­ that such licensees should appropriately the system hourly is a heavy and needless cause a hearing is required on any waiver transfer to the CAR service if they wish expense to impose on CAR licensees, request. The Jerrold-Video Service peti­ to continue microwave operations of this which is not imposed on any other impor­ tions also claim that “totally unrelated” nature. The rules of the CAR service have tant class of microwave users. The peti­ is too rigid a standard since it might been drawn to facilitate such transfers tioners are confused in several respects. cover publicly held companies with com­ (see, e.g., §§ 74.1030 and 74.1031 of the The rules governing the CAR service give mon stockholders even if the carrier had rules), and the waiver procedure is avail­ the licensee the option of having a quali­ many customers or a debtor-creditor re­ able for cases of extraordinary hardship fied operator on duty at the transmitter lationship where a carrier’s related man­ or public interest factors. See, United location, at a remote control point or ufacturing company sells equipment to States v. Storer Broadcasting Co., 351 automatic operation where the trans­ CATV systems. These petitioners assert U.S. 192, 205. Similarly, where the acci­ mitter turns itself on and off and per­ that if the rule is necessary, the stand­ dent of a common stockholder in a pub­ forms its functions without attention by ard should be one of common ownership licly held corporation constitutes the sole a qualified operator. The present rules or control. relationship between a carrier and its provide that if the transmitter is oper­ 32. To the extent that petitioners claimcustomer or in other instances of a rela­ ated unattended, the circuit must be that the rule amendment is invalid for tionship which does not undercut the monitored hourly at the receiving end to failure to state sufficient reasons as well purpose of the rule, a request for waiver insure that it is functioning properly. as for vagueness and that the return of might be appropriate. See-applications Contrary to the claims of the petitioners, noncomplying applications without hear­ of American Television Relay, Inc., for § ^1.205(1) of the Common Carrier rules ing is unlawful, we believe that their con­ renewal of Stations KLU 24 and KLU 25 has this to say about unattended opera­ tentions are repetitive of arguments (File Nos. 5696/5697-C1-R-66); see also tion: which were before the Commission at the Interpretive Ruling re §§ 21.700 and Except under the circumstances specified time of the first report and which were 21.709 of the Commission’s rules, Com­ in paragraphs (g) through (j) of this section, adequately treated in the first report mon Carrier Bureau Public Notice of during the course of normal rendition of December 6,1965. As stated in paragraph service, no person is required to be in attend­ 20 of the first report, it is our intention ance at a station installed at a specified fixed 16 Some renewal applications which may location when transmitting by self actuating be subject to short-term licenses are still that there should be total separation be­ means provided (1) licensed radio personnel pending before the Commission. When short­ tween the carrier and at least one-half responsible for maintenance of the radio sta­ term licenses are granted after the date of its customers. We think that possible tion are continuously available on call at a of this order, it is anticipated that they situations where application of the rule location which will assure expeditious per­ will expire 60 days after the date of grant. would be inequitable or anomalous formance of such technical servicing and 17 These petitioners also request oral argu­ should be brought before us on a petition maintenance as may be necessary, and (2) ment on the rule amendments. However, since for waiver which would permit us to the. quality of transmission over such station petitioners’ views appear to be adequately is subject to the supervision of the licensee s presented in their written pleadings and since examine all relevant circumstances in we do not believe that oral argument would the particular case, rather than by at­ responsible operating personnel for the radio be of further assistance to the Commission, tempting further to refine or narrow the system with which the unattended station is this request will be denied. rule. directly associated.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 RULES AND REGULATIONS 3183

The rules governing the Business Radio cant part of the salary of the operator 39. In view of the absence of any gen­ Service are somewhat more liberal in the that it replaces. eral expression of interest by broad­ matter of unattended operation but it is 37. There is one respect in whichcasters or CATV systems in the Com­ pointed out that stations in that service clarification of the CAR rules appears mission’s proposal to permit sharing and perform a private service wherein if the appropriate. Section 74.1030(a) provides interconnection of relay facilities, we circuit fails or provides unsatisfactory that: “Community antenna relay sta­ have decided not to adopt the proposed service, the only direct loser is the licen­ tions are authorized to relay television rules at this time. Should increased in­ see. Broadcast stations, CATVs, and programs (visual and audio), and stand­ terest develop in the future, the matter common carriers provide a service di­ ard and FM broadcast station programs can be brought before the Commission rectly to the public and have a greater * * * „ rj.jjg provision as to “standard for renewed consideration upon a pe­ responsibility with respect to reliability arid FM broadcast station programs” tition for rule making setting forth the and quality in such service. Adequate was added to the proposed rules at the need for such cooperative arrangements supervision of stations by technically request of parties who asserted that the and the public interest to be served. In qualified persons is an important part CAR service should provide for the relay the circumstances the related tangential of such responsibility. In the rules of such signals in addition to television requests of Southwest and Tri-State will adopted herein, § 74.1037 regarding unat­ signals. See first report, paragraph 52, be denied.1* tended operation has been modified to 1 FCC 2d 897, 914. It was not the intent IV. Conclusion. 40. Authority for the substitute an “on call” requirement sim­ of the Commission by this revision to rules adopted is contained in sections ilar to that in the present common car­ imply that licensees in the CAR service 4 (i) and (j), 303 (a), (b), (c) and (r), rier rules for the operator on duty at the would be granted channels solely for the and 307(b) of the Communications Act receiving end of the circuit. Section relay of standard or FM standard broad­ of 1934, as amended. 74.1073 is amended to reflect the change cast signals. Rather we envisaged that a 41. Accordingly, it is ordered, That ef­ in § 74.1037. channel granted to a CAR station would be used primarily for the transmission fective, March 22, 1968, Parts 2, 21, and 36. NCTA-NAMCC and Jerrold also 74 of the Commission’s rules and regula­ claim that the requirement in § 74.1037 of television programs and that the tions are amended as set forth below. for automatic “shut-off” of an unat­ transmitter of the station could be mul­ tended transmitter when it is not re­ tiplexed to provide additional communi­ 42. It is further ordered, That this laying programs is not required in the cation channels for the transmission of proceeding is terminated. common carrier or business radio service aural program material obtained from 43. It is further ordered, That the and that there is a legitimate mainte­ AM and FM broadcast stations or for various requests in the pleadings listed in nance reason for transmitting an unmod­ operational communications directly re­ the attached Appendix B, to the extent ulated carrier 24 hours a day. It should lated to the technical operation of the that they may not have been granted be noted that § 91.151(d) which governs relay system. Accordingly, § 74.1030 will herein, are otherwise denied. the industrial radio services including be clarified to make specific the origi­ Note: Rules changes herein will be con­ Business Radio, specifically forbids the nal intent that CAR stations are author­ tained in T.S. n (6 6 )-7 , T.S. VTI(66)-5, and transmission of an unmodulated carrier ized primarily to relay television signals in a revised edition of Volume m . except when necessary for test purposes but may multiplex the same channels to relay AM and PM broadcast station pro­ or when specifically authorized by the 19 We would not, in any event, permit the Commission. The industrial rules also use grams and/or operational communica­ shared use of CAR stations by television the term “transmission by self-actuating tions.18 broadcast translators. It has been pointed out means” which has always meant the em­ III. Further notice of proposed ruleon a number of occasions by the Commission ployment of an automatic “shut-off” making. 38. Present rules governing the that a television translator operates by device. Similar references to “self-actu­ CAR service permit cooperative relay ar­ simple heterodyne conversion of a standard ating means” appear in the common car­ rangements among CATV systems on a TV signal from one frequency to another. rier rules with respect to unattended nonprofit, cost-sharing basis and permit The signals transmitted over conventional interconnection of CAR stations with microwave systems are not standard TV sig­ operation. The prohibition against ra­ nals and cannot be converted or translated diation of an unmodulated carrier does those of other CAR and common carrier directly to a broadcast channel. The visual not mean that the transmitter cannot be licensees (§ 74.1030). The further notice program material is transmitted by means of maintained in a “ready” condition^ It of proposed rule making concerned a frequency modulation of the microwave car­ may be switched to a nonradiating proposal in paragraph 53 of the first rier and the accompanying aural program is dummy load during periods when it is report that CAR and television broadcast either multiplexed on the carrier or trans­ i10* rendering service and thus satisfy licensees be permitted to enter into sim­ mitted separately on a different transmitter. the “legitimate maintenance” reasons. ilar cooperative arrangements for shared Standard TV signals transmit the visual program by amplitude modulation and the As to the problem of receiver AFC cir­ use of microwave systems and to inter­ accompanying aural signals are carried on a cuits selecting the wrong carrier when connect their facilities. The Commis­ frequency modulated carrier spaced 4.5 Mc/s the transmitter does come on-the-air, sion’s proposal elicited very little re­ from the visual carrier. The present rules this may be overcome either by improv­ sponse. Only two comments were filed permitting the use of translator relay sta­ ing the frequency stability of the re­ and each is directed principally toward tions require that the relayed signals have ceiver or by incorporating a tone or pulse urging the adoption of other rules. these technical characteristics. CAR stations coding system that would release the Southwest Texas Educational Television do not transmit signals technically com­ <

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3184 RULES AND REGULATIONS

(Secs., 4, 303, 307, 48 Stat., as amended, 1066, 1. In § 21.791, a new paragraph (i) is orized at the time of such grants. The 1082, 1083; 47 U.S.C. 154, 303, 307.) added, to read as follows: use of channels between 12,700 and Adopted: February 5,1968. 12,950 Mc/s by television pickup sta­ § 21.701 Frequencies. tions is subject to the condition that no Released: February 15,1968. ***** harmful interference is caused to com­ Federal Communications (i) Applications for new stations ormunity antenna relay, television STL and Commission,20 frequency paths in the bands 3700-4200 television intercity relay stations. [seal] B en F. W aple, Mc/s and 5925-6425 Mc/s which are to * * * * * Secretary. be used to relay television signals to community antenna television systems 2. Section 74.1001(e)(1) is amended will not be accepted for filing or granted to add the following sentence at the end PART 2— FREQUENCY ALLOCATIONS of that subparagraph: AND RADIO TREATY MATTERS; after March 22, 1968. Licensees or per­ mittees holding valid authorizations on § 74.1001 Definitions. GENERAL RULES AND REGULA­ March 22, 1968, for stations to be used • * * * ■ • TIONS to relay television signals to community (e) * * * I. Subpart B of Fart 2 of Chapter I of antenna television systems may continue (1) Community antenna television sys­ Title 47 of the Code of Federal Regula­ to be authorized to so operate until Feb­ tem. * * * A CATV system may also re­ tions is amended as follows: ruary 1, 1971, Under the conditions spec­ ceive and distribute signals transmitting ified in that authorization: Provided, § 2.106 [Amended] programs broadcast by one or more however, That, no new frequency paths standard broadcast or FM radio stations. 1. In the table in § 2,106, the entries inor points of communications (except • * * * * column 11 for the bands 3700-4200 Mc/s through power splitting techniques) will and 5925-6425 Mc/s are revised to read • be authorized to such licensees in the 3. Section 74.1003 is revised to read as follows; and, in the NG footnotes 3700-4200 Mc/s and 5925-6425 Mc/s as follows: following the table, new footnote NG55 is bands: And provided further, That any § 74.1003 Frequency assignments. added to read as follows; renewal of license for operation in these (a) The following channels may be as­ bands for a term commencing on or after signed to community antenna relay F ederal Communications C ommission February 1, 1971, shall be upon condi­ tions that: (1) The station is not within stations: Group A Group B Band xt j /OF SERVICES fifty <50) miles of the coordinates of the (Mc/s) * * * Nature (of stations principal city, as set forth in the U.S. Mc/s Mc/s Department of Commerce publication 12, 700-12, 725 12, 712.5-12, 737.5 7 u 12, 725-12, 750 12, 737.5-12, 762.5 * * * * * * * * * “Air Line Distances Between Cities in the 12, 750-12, 775 12, 762.5-12, 787.5 United States,” of one of the top 25 12, 775-12, 800 12, 787.5-12, 812.5 3700-4200 * * * Communication—Satellite Domes­ standard metropolitan statistical areas, 12, 800-12, 825 12, 812.5-12, 837.5 tic Public (N G41) (N G55). as ranked by the U.S. Census Bureau, and 12, 825-12, 850 12, 837.5-12, 862.5 * * * * * * * * * (2) that no harmful interference shall 12, 850-12, 875 12, 862.5-12, 887.5 be caused to earth stations in the Com­ 12, 875-12, 900 12, 887.5-12, 912.5 6926-6426 -é * * * Communication—Satellite Domes- * tic Public (NG41) (NG55). munication-Satellite Service or to sta­ 12, 900-12, 925 12, 912.5-12, 937.5 tions in the Domestic Public Point-to- 12, 925-12, 950 NG55 Frequencies in the bands 3700-4200 Point Microwave Radio Service which are (b) Television pickup, STL and inter­ Mc/s and 5925-6425 Mc/s will not be assigned used for services other than the relay of city relay stations may be assigned chan­ to stations used to relay television signals to television signals to community antenna nels in the band 12,700-12,950 Mc/s sub­ community antenna television systems after television systems. ject to the condition that no harmful Mar. 22, 1968 r Provided., however, That sta­ 2. Section 21.705 is revised to read as interference is caused to community an­ tions which were authorized to so operate in follows: tenna relay stations authorized at the these bands on Mar. 22, 1968, may continue time of such grants. Similarly, new com­ to be authorized to so operate until Feb. 1, § 21.705 Permissible communications. 1971, under the conditions specified in that munity antenna relay stations shall not license, and a'fter Feb. 1, 1971, only upon Stations in this service are authorized cause harmful interference to television conditions that: (a) The station is not within to render any kind of communication STL and intercity relay stations au­ fifty (50) miles of the coordinates of the service provided for in the legally appli­ thorized at the time of such grants. The principal city, as set forth in the U.S. Depart­ cable tariffs of the carrier, unless other­ use of these frequencies by television ment of Commerce publication “Air Line wise directed in the applicable instru­ Distances Between Cities in the United pickup stations is subject to the con­ States,” of one of the top 25 standard ment of authorization or limited by dition that no harmful interference is metropolitan statistical areas, as ranked by § 21.701 or § 21.703. caused to community antenna relay the U.S. Census Bureau, and (b) the station stations. shall not cause harmful interference to fixed PART 74— EXPERIMENTAL, AUXIL­ (c) An application for a community earth stations in the Communication Satel­ IARY, AND SPECIAL BROADCAST antenna relay station shall be specific lite Service or to fixed common carrier sta­ SERVICES with regard to the channel or channels tions in the Domestic Public Service which requested. Channels shall be identified are used for services other than the relay of ttt Part 74 of Chapter I of Title 47 of by the channel edges as listed above. television signals to community antenna the Code of Federal Regulations is television systems. (d) Channels shall normally be se­ amended as follows: lected from Group A. Channels in Group 1. Section 74.602 (f) is amended to read B will be assigned only on a case-by-case as follows: basis upon an adequate showing that PART 21— DOMESTIC PUBLIC RADIO Group A channels cannot be used and SERVICES (OTHER THAN MARI­ § 74.602 Frequency assignment. ***** that such use will not degrade the tech­ TIME MOBILE) nical quality of service provided in (f) Community antenna relay stations n . Part 21 of Chapter I of Title 47 of Group A channels to the extent that the may be assigned channels in Band D Group A channels could not be used io the Code of Federal Regulations is between 12,700 and 12,950 Mc/s subject amended as follows: television STL circuits. O n -the-air tests to the condition that no harmful inter­ may be required before channels in ference is caused to television STL and Group B are permitted to be placed m 20 Statements of Commissioners Bartley and intercity relay stations authorized at the Loevinger in which they dissent, Commis­ time of such grants. Similarly, new tele­ regular use. sioners Lee and Cox in which they concur, vision STL and intercity relay stations 4. In § 74.1030, paragraphs (a),

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 RULES AND REGULATIONS 3185

§ 74,1030 Purpose and permissible serv­ § 74.1037 Unattended operation. or below the lower channel limit by ice. (a) A community antenna relay sta­ between zero and 50 percent of the as­ (a) Community antenna relay stations tion may be operated unattended pro­ signed channel width shall be attenuated at least 25 decibels below the level of the are authorized to relay television pro­ vided that the following requirements are met: unmodulated carrier. grams (visual and aural) received from (2) Any emission appearing on a fre­ television broadcast stations and in­ (1) The transmitter and associated control circuits shall be installed and quency above the upper channel limit or tended for use solely by one or more com­ below the lower channel limit by between munity antenna television systems protected in a manner designed to prevent tampering or operation by 50 percent and 150 percent of the as­ (CATV). CAR licensees may intercon­ signed channel width shall be attenuated nect their facilities with those of other unauthorized persons. (2) The transmitter shall be equipped at least 35 decibels below the level of the CAR or common carrier licensees. unmodulated carrier. (b) The transmitter of a community with an automatic control which will permit it to radiate only when it is (3) Any emission appearing on a fre­ antenna relay station may be multi­ quency above the upper channel limit or plexed to provide additional communica­ relaying an incoming signal. The auto­ matic control may be either a time clock below the lower channel limit by more tion channels for the transmission of than 150 percent of the assigned channel standard and FM broadcast station pro­ or a signal sensing device^ Allowances may be made for momentary circuit width shall be attenuated at least 43 + 10 grams and operational communications logio (power in watts) decibels below the directly related to the technical opera­ failures and brief transition periods when no incoming signal is available for level of the unmodulated carrier. tion of the relay system (including voice (c) In the event that interference to communications, telemetry signals, alert­ retransmission. (3) If the transmitting apparatus is other stations is caused by emissions out­ ing signals, fault reporting signals, and side the authorized channel, the Com­ control signals). A community antenna located at a site which is not readily accessible at all hours and in all seasons, mission may require greater attenuation relay station will be authorized only than that specified in paragraph (b) of where the principal use is the trans­ means shall be provided for turning the transmitter on and off at will from a this section. mission of television broadcast program 8. Section 74.1050 is amended to read material. location which can be reached promptly at all hours and in all seasons. as follows: (c) Community antenna relay station (4) Licensed radio personnel respon­ § 74.1050 Equipment and installation. licenses may be issued to CATV owners sible for the maintenance of the station or operators and to cooperative enter­ shall be available on call at a location (a) From time to time the Commis­ prises wholly owned by CATV owners or which will assure expeditious perform­ sion publishes a revised list of type ap­ operators. ance of such technical servicing and proved and type accepted equipment ♦ * * * * maintenance as may be necessary when­ entitled “Radio Equipment List.” Copies (g) The provisions of §§ 74.1030(d) ever the station is operating. In lieu of this list are available for inspection and 74.1031(a) shall not apply to a li­ thereof, arrangements may be made to at the Commission’s offices in Washing­ censee who has been licensed in the CAR have an unlicensed person or persons ton, D.C., and at each of its field offices. service pursuant to § 21.709 of this chap­ available at all times when the transmit­ (b) Each transmitter authorized for ter, except that § 74.1030(d) shall apply ter is operating, to turn the transmitter use in the Community Antenna Relay with respect to facilities added or CATV off in the event that it is operating im­ Service must be of a type which has been systems first served after February 1, properly. The transmitter may not be type accepted pursuant to Part 2 (Sub- 1966. . restored to operation until the malfunc­ part F) of this chapter, as capable of (h) Except during momentary circuit tion has been corrected by a technically meeting the requirements of §§ 74.1003, failure and brief transition periods, a qualified person. 74.1039, 74.1041, 74.1061, and 74.1065. community antenna relay station shall (5) The station licensee shall be re­ (c) The installation of a community not be permitted to radiate unless it is sponsible for the proper operation of the antenna relay station shall be made by or supplying programs to one or more station at all times and is expected to under the immediate supervision of a users. provide for observations, servicing and qualified engineer. Any tests or adjust­ maintenance as often as may be neces­ ments requiring the radiation of signals 5. In §74.1031, paragraph (b) is re­sary to insure proper operation. All ad­ and which could result in improper vised to read as follows : justments or tests during or coincident operation shall be conducted by or under § 74.1031 Eligibility and contents o f with the installation, servicing, or main­ the immediate supervision of an opera­ application. tenance of the station which may affect tor holding a valid first- or second-class * * * \ * * its operation shall be performed by or radiotelephone operator license. (b) An application for a new com­ under the immediate supervision of a (d) Simple repairs such as the re­ munity antenna relay station or for licensed radio operator as provided in placement of tubes, fuses, or other changes in the facilities of an existing § 74.1073. plug-in components which require no station shall specify the call sign and (b) An application for authority to particular skill may be made by an un­ location of any television, standard and construct a new station or make changes skilled person. Repairs requiring replace­ FM broadcast station or stations to be in the facilities of an existing station ment of attached components or the received, the location of the point at and which proposes unattended opera­ adjustment of critical circuits or cor­ which reception will be made, the num­ tion shall include an adequate showing roborative measurements shall be made ber and location of any intermediate re­ as to the manner of compliance with only by a person with required knowledge lay stations in the system, the location of the requirements of this section. and skill to perform such tasks, terminal receiving point (s) in the 7. Section 74.1041 is amended to read 9. Section 74.1065 is amended to read system, the name or names of the com­ as follows: as follows: munities to be served by the CATV sys- § 74.1041 Emissions and bandwidth. § 74.1065 Modulation limits. tem or systems to which the programs (a) A community antenna relay sta­ (a) If amplitude modulation is em­ W“1 be delivered-, the current number of tion may be authorized to employ any subscribers of each such CATV system, ployed, negative modulation peaks shall type of emission suitable for the simul­ not exceed 100 percent modulation. and the name of any other licensee to taneous transmission of visual and aural (b) If frequency modulation is em­ whom the same programs will be deliv­ television signals. ployed, carrier excursions shall be ered through interconnection of facili­ (b) Any emission appearing on a fre­ limited to the extent necessary to comply ties. quency outside the authorized band­ with the requirements of § 74.1041 and

* * * * * width shall be attenuated in accordance shall in no event extend beyond the with the following: channel limits. J: Section 74.1037 is amended to read as follows: (1) Any emission appearing on a fre­ 10. Section 74.1073 is amended to read quency above the upper channel limit as follows:

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3186 RULES AND REGULATIONS

§ 74.1073 Operator requirements. available for use by the operator in swimming are permitted only in the des­ (a) Except in cases where a community charge. Both the licensee and the oper­ ignated area during the hours 10 a.m. antenna relay station is operated ;un- ator or operators responsible for the to 6 p.m. from July 1 through September attended in accordance with § 74.1037, proper operation of the station are 2. Surf fishing is permitted day and night an operator holding a valid radiotele­ expected to be familiar with the rules on the ocean beach of the Public Use phone first- or second-class operator governing community antenna relay Area from May 1 through October 15. license shall be on duty at the place stations. Copies of the Commission’s Plums and cranberries may be picked where the transmitting apparatus is rules may be obtained from the Super­ outside of the Natural Area from 6 a.m. to located, in plain view and in actual intendent of Documents, Government 9 p.m., August 25 to October 15, to the charge of its operation or at a remote Printing Office, Washington, D.C. 20402, limit of one-half bushel per family. control point established pursuant to the at nominal cost. Motor vehicles are permitted on des­ provisions of § 74.1035, at all times when 12. Section 74.1081(e) is amended to ignated travel routes and in designated the station is in operation. Control and read as follows: parking areas. Snowmobiles or similar monitoring equipment at a remote con­ vehicles are not permitted on the refuge. § 74.1081 Logs. Over-the-sand vehicles may be on the trol point shall be readily accessible and * * * * * clearly visible to the operator at that ocean beach of the Public Use Area, for position. (e) Where an antenna structure isfishing only, day and night, from May required to have aeronautical obstruction (b) In cases where the community 1 to May 29, and September 3 to October markings, the information required by 15 and during the hours of 6 p.m. to antenna relay station is operated un­ § 17.49 of this chapter shall be included. attended pursuant to the provisions of 8 am. from May 30 to September 2. § 74.1037, the licensed personnel referred * * * * * Foot travel in the Natural Area is per­ to in paragraph (a) (4) of that section [P.R. Doc. 68-2086; Piled, Peb. 19, 1968; mitted only on designated trails. Fires shall hold a valid radio-telephone first- 8:48 a.m.] are permitted only in refuge fireplaces or second-class operator license. installed by the Bureau. Except in the (c) Any transmitter tests, adjust­ designated bathing area, pets are allowed ments, or repairs during or coincident if on a leash not over 10 feet in length. with the installation, servicing, opera­ Title 50— WILDLIFE AND Beer and other alcoholic beverages are tion, or maintenance of a community not permitted on the refuge. Metal cans antenna relay station which may affect FISHERIES and glass bottles may not be taken out the proper operation of such station shall of vehicles. be made by or under the immediate Chapter I— Bureau of Sport Fisheries Entrance into the areas west of the main road is permitted in specific lo­ supervision and responsibility of a person and Wildlife, Fish and Wildlife holding a valid first- or second-class cations that are posted “ Open to nature radiotelephone operator license, who Service, Department of the Interior study.” Applications for permission to shall be fully responsible for proper PART 28— PUBLIC ACCESS, USE, enter the area west of the main road functioning of the station equipment. AND RECREATION for other purposes will be considered. (d) The licensed operator on duty and The various refuge areas, comprising in charge of a community antenna relay Parker River National Wildlife 4,650 acres, are delineated on a map station may, at the discretion of the Refuge, Mass. available at refuge headquarters and at licensee, be employed for other duties or the office of the Regional Director, Bu­ for the operation of another station or The following special regulation is is­ reau of Sport Fisheries and Wildlife, Post stations in accordance with the class of sued and is effective on date of publica­ Office and Courthouse, Boston, Mass. operator license which he holds and the tion in the Federal R egister. 02109. rules governing such stations. However, § 28.28 Special regulations: Recreation; The provisions of this special regula­ such duties shall in no way impair or for the individual wildlife refuge tion supplement the regulations govern­ impede the required supervision of the areas. ing recreation on wildlife refuge areas community antenna relay station. M assachusetts generally, which are set forth in Title 50, Code of Federal Regulations, Part 11. Section 74.1079 is revised to readPARKER RIVER NATIONAL WILDLIFE REFUGE 28, and are effective through December as follows: Entrance into the Public Use Area of 31,1968. | § 74.1079 Copies o f the rules. the refuge is permitted for the purpose R ichard E. G riffith, The licensee of a community antenna of nature study, photography, hiking, Regional Director, Bureau of relay station shall have current copies sunbathing, and picnicking from 6 am. Sport Fisheries and Wildlife. of Part 74, and in cases where aeronau­ to 9 p.m., from May 1 through October F ebruary 7, 1968. tical obstruction marking of antennas is 15, and from 8 am. to 4.30 pm., from [FJt. Doc. 68-2053; Filed, Feb. 19, 1968; required, Part 17 of this chapter shall be October 16 through April 30. Bathing and 8:45 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3187 Proposed Rule Making

limited to the specific proposals con­ [ 14 CFR Part 121 1 DEPARTMENT OF tained therein. The FAA is interested in receiving comments on all aspects of [Reg. Docket No. 7325] TRANSPORTATION the existing “flight following” require­ AIRCRAFT DISPATCHER ments vis-a-vis the existing “dispatch” QUALIFICATIONS Federal Aviation Administration requirements. [ 14 CFR Part 121 3 The hearing will be an informal hear­ Notice of Public Hearing [Docket No. 8351; Reference Notice 67-38] ing conducted by a designated repre­ The Federal Aviation Administration sentative of the FAA under § 11.33 of the will hold a public hearing at 9:30 a.m. REVISION OF FLIGHT FOLLOWING Federal Aviation Regulations. It will not Wednesday, March 27, 1968, at the REQUIREMENTS be a judicial or evidentiary type hearing, Department of Transportation Building, so there will be no cross-examination of Notice of Public Hearing persons presenting statements. 800 Independence Avenue SW., Wash­ An FAA spokesman will make an open­ ington, D.C., to receive the views of The Federal Aviation Administration interested persons concerning separate will hold a public hearing at 9:30 a.m., ing statement presenting, in brief, the proposals received from the Airline Dis­ Tuesday, March 26, 1968, at the Depart­ history of the provisions of Part 121 re­ patchers Association (ALDA) and the ment of Transportation Building, 800 In­ lating to flight following requirements Air Transport Association of America dependence Avenue SW., Washington, and the proposed revisions to that part (ATA) regarding aircraft dispatcher D.C., to receive the views of interested as set forth in Notice 67-38. Interested qualifications. Both ALDA and ATA have persons concerning proposed changes to persons will then have an opportunity to present their initial oral statements. All petitioned the Administrator to amend the flight following requirements of Part Part 121 of the Federal Aviation Regula­ 121 of the Federal Aviation Regulations. comments received in response to Notice tions (Air Carriers and Commercial These changes were proposed in a notice 67-38 are available for inspection in Public Docket No. 8351 which is located Operators of Large Aircraft) by re­ of proposed rule making, Notice No. 67- vising § 121.463—Aircraft Dispatcher 38, dated August 21, 1967, published in in Room 916, 800 Independence Avenue Qualifications. the Federal R egister on August 25, 1967 SW., Washington, D.C. After all initial statements have been completed, those After evaluating the comments re­ (32 FR. 12405). ceived at the hearing and other available The comments received in response to persons who wish to make rebuttal state­ ments will be given an opportunity to do data, the FAA will determine whether or Notice 67-38 indicate that there is a sub­ not further rule making action is war­ stantial difference of opinion among the so in the same order in which they made their initial statements. ranted. If it is determined that such interested parties as to whether the ex­ action is warranted, a subsequent notice isting flight following requirements need Interested persons are invited to attend of proposed rule making will be issued revision. The Air Line Dispatchers As­ the hearing and present oral or written containing the specific terms of amend­ sociation voiced strong opposition to- the statements on the matters set forth ments to Part 121. proposed changes and urged that the herein which will be made a part of the There are a number of rules in Part FAA strengthen the existing regulation record of the hearing. Any person who 121 which are directed at the training, to provide for inflight monitoring of all wishes to make an oral statement at the qualifications, and responsibilities of commercial and supplemental flights and hearing should notify the FAA by aircraft dispatchers in scheduled air for their release and operational control March 19, 1968, stating the amount of carrier operations. Of particular concern, by certificated aircraft dispatchers. time requested for his initial statement. at this time, are the provisions relating ALDA also urged that a public hearing be In addition, any person who is unable to to aircraft dispatcher qualifications as held on the question of “reliability and attend the hearing may submit relevant set forth in § 121.463 which reads as availability of communications.” The Na­ written comments. These comments must follows: tional Air Carrier Association, Inc., op­ also be received by the FAA by March 22, posed the proposed changes on the 1968, to be made a part of the hearing § 121.463 Aircraft dispatcher qualifica­ grounds that they are unwarranted and record. All communications concerning tions. would in important respects be unwork­ this hearing should be addressed to the (a) No domestic or flag air carrier able. The Air Transport Association of Office of the General Counsel, Rules may uso an aircraft dispatcher unless he America supported the proposed changes Docket, Federal Aviation Administra­ meets the requirements of §§ 121.411 and (while questioning the need for any tion, 800 Independence Avenue SW., 121.423. change at this time) provided certain Washington, D.C. 20590, marked (b) No domestic or flag air carrier may clarifying changes were included in a “Attention: Presiding Officer, Public use a dispatcher to dispatch airplanes nnal rule. The Air Line Pilots Association Hearing on Part 121—Flight Following over any route or route segment unless opposed the proposed changes primarily Requirements.” the air carrier has determined that he is because it believes that “A requirement A transcript of the hearing will be familiar with all essential operating pro­ exists for better communications with a made; anyone may buy a copy of the cedures for the entire route and the air­ fiiu dispatching service rather than the transcript from the reporter. planes to be used. However, a dispatcher reverse.” This notice is issued under the author­ who is qualified to dispatch airplanes JPa,.v*ew of the marked differences of ity of sections 307, 313(a), and 601 of over part of a route may dispatch air­ expressed by the commentators the Federal Aviation Act of 1958 (49 planes after coordinating with dis­ hpf• 6,7~38> the FAA believes that U.S.C. 1348, 1354(a), and 1421). patchers who are qualified to dispatch Defore taking any further action thereon, airplanes over the other parts of the would be in the public interest to give Issued in Washington, D.C., on Feb­ ruary 15, 1968. route. pnwm rf st^ Parties an opportunity to (c) No aircraft dispatcher may dis­ fH5ther on the need for James F. R udolph, patch airplanes over any area in which ir\ the existing flight following Director, he is authorized to exercise dispatch While Notice 67-38 wifi be Flight Standards Service. jurisdiction unless, within the preceding basis for comment at this [F.R. Doc. 68-2096; Filed, Feb. 19, 1968; puoiic hearing, comments need not be 12 calendar months, he has made at 8:49 a.m.] least a one-way qualification trip over J

No. 85- FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3188 PROPOSED RULE MAKING the area on the flight deck of an air­ Service, FAA, a petition for deletion of plane. The trip must include entry into PAR § 121.463(c), as well as the sym­ FEDERAL COMMUNICATIONS as many points as practicable; it is not bol “DS” in the 4th subcolumn of column necessary to make a flight over each V of appendix E of FAR Part 121 (The COMMISSION route in the area. reference to symbol “DS” is, in effect, On April 2, 1966, the Airline Dispatch­ reference to the specified hours of initial [ 47 CFR Part 74 1 ers Association submitted a petition for flight assignments required of dispatch­ [Docket No. 17999; FCC 68-125] rule making to amend § 121.463 as ers in accordance with approved air car­ follows: rier training programs). STATIONS IN COMMUNITY ANTENNA RELAY SERVICE § 121.463 Aircraft dispatcher qualifica­ The Federal Aviation Administration tions. believes that before proceeding further with its evaluation of the above-de­ Transmission of Program Material (a) (No change) scribed petitions for rulemaking, it is in Originated by CATV Systems (b) No domestic or flag air carrier may the public interest to give all interested In the matter of amendment of Part 74 use a dispatcher to dispatch airplanes parties the- opportunity to state their of the Commission’s rules to permit sta­ over any route or route segment unless views at a public hearing. The hearing tions licensed in the community antenna the air carrier has determined, and the will be an informal hearing conducted relay service to transmit program ma­ airman’s qualification records show, that by a designated representative of the terial originated by CATV systems, he is familiar with all essential operating FAA under § 11.33 of the Federal Avia­ Docket No. 17999. procedures, facilities, and conditions for tion Regulations. It will not be a judicial 1. Notice is hereby given of proposed the entire area in which he is authorized or evidentiary type hearing, so there will to exercise jurisdiction, and the air­ rule making in the above-entitled be no cross-examination of persons pre­ matter. planes to be used. senting statements. (c) No aircraft dispatcher may dis­ An FAA spokesman will make an open­ 2. By a notice of proposed rule making patch airplanes over any area in which ing statement presenting, in brief, the in Docket No. 17824 released on Oc­ he is authorized to exercise jurisdiction history of the provisions of Part 121 re­ tober 23, 1967 (FCC 67-1167), the Com­ unless he has made at least an initial lating to aircraft dispatcher qualifica­ mission instituted a proceeding to one-way qualification trip on the flight tions, and the proposed revisions to that amend § 91.552 of its rules to provide deck of an airplane over each route net­ part as submitted by interested persons. that stations in the Business Radio work in that area. The trip must include Interested persons will then have an op­ Service may not be used for the trans­ entry into, and opportunity to observe portunity to present their initial oral mission of CATV-originated program operating conditions at, as many airports statements. These statements should material to CATV systems. The proposal as practicable, and including the most focus on the issues raised by the ALDA was intended to implement the Com­ distant terminals of each route segment and the ATA in their petitions for mission’s previous determination in and to every major terminal. It shall not amendment of § 121.463. These petitions Docket No. 15586 (1 FCC 2d 897) that be necessary to visit every airport or are available for inspection in Public the Business Radio Service is not a suit­ make a flight over every track or route Docket No. 7325 which is located in Room able location for private microwave segment, however, during initial qualifi­ 916, 800 Independence Avenue SW., facilities to relay broadcast signals to cations entry shall be made into at least Washington, D.C. After all initial state­ CATV systems and its present view that 75 percent of the airports in said area of ments have been completed, those per­ authorizations should not be granted in jurisdiction. sons who wish to make rebuttal state­ this Service for the transmission of any (d) Every 12 months after initial ments will be given an opportunity to do program material to CATV systems, qualification, each aircraft dispatcher so in the same order in which they made regardless of where or how it originates. shall make a recurrent qualification trip their initial statements. The Commission expressly indicated over selected route networks within the Interested persons are invited to attend that the rule making in Docket No. 17824 area in which he is authorized to exercise the hearing and present oral or written was not to be construed as a judgment on jurisdiction, so that he will not be absent statements on the matters set forth here­ the merits of program origination by from any route network for a period of in which will be made a part of the record CATV systems; it stated that the matter longer than twenty-four (24) months. In of the hearing. Any person who wishes to of private microwave facilities in the conjunction with recurrent qualification, make an oral statement at the hearing CAR service for carrying locally orig­ familiarization with routes and airports should notify the FAA by March 20,1968, inated program material to CATV sys­ not included in the annual trip shall be tems would be considered and dealt stating the amount of time requested for with in the second report and order in provided by the air carrier in the form of his initial statement. In addition, any briefing materials including audiovisual Docket No. 15586 (FCC 67-1167, para­ person who is unable to attend the hear­ graph 6). techniques, simulation techniques and ing may submit relevant written com­ refresher examinations. Such augmenta­ ments. These comments must also be re­ 3. While the Commission’s rules gov­ tion of route familiarization shall become ceived by the FAA by March 22, 1968, to erning common carrier stations serving part of the approved training program be made a part of the hearing record. All CATV systems do not prohibit trans­ for aircraft dispatchers. communications concerning this hearing mission of CATV originated material, (e) When modifications of route net­ should be addressed to the Office of the the CAR service rules presently limit works occur which create new route seg­ General Counsel, Rules Docket GC-24, CAR stations to the relay of broadcast ments and service to new airports, each Federal Aviation Administration, Wash­ signals (§ 74.1030(a)). In view of the aircraft dispatcher shall receive a quali­ ington, D.C. 20590, marked “Attention: rule making proposal in Docket No. fication trip over such new segments and Presiding Officer, Public Hearing on Part 17824, it may be that this limitation on into such new airports prior to exercis­ the use of private CATV microwave sta­ 121—Aircraft Dispatcher Qualifications.” tions should not be continued. We have ing dispatch jurisdiction. A transcript of the hearing will be (f) When modifications of dispatch already found that the public interest is made; anyone may buy a copy of the served by encouraging CATV systems to areas of jurisdiction are changed through transcript from the reporter. dispatch base consolidations, relocations, act as additional outlets for community This notice is issued under the author­ self-expression. To fulfill this role the or expansions, each affected dispatcher ity of sections 307, 313(a), and 601 of shall be provided with flight deck route CATV system may need a point-to- the Federal Aviation Act of 1958 (49 point microwave link between the head- familiarization and appropriate supple­ U.S.C. 1348, 1354(a), and 1421). mentary training to meet the require­ end of the cable system and studio facil­ ments of § 121.425 and paragraphs (c) Issued in Washington, D.C., on Feb­ ities more convenient to the community. and (d) of this section. ruary 15, 1968. While we have no applications before us. This petition was amplified by a letter James F. R udolph, it is also appropriate to explore the need, of July 15,1966, containing rationale and Director, if any, of the CATV system for remote supporting data for the petition. Flight Standards Service. pickup facilities. On November 9, 1967, the ATA sub­ [F.R. Doc. 68-2097; Filed, Feb. 19, 1968; 4. This therefore constitutes a notice mitted to the Director, Plight Standards 8:49 a.m.] of proposed rule making on the above

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 PROPOSED RULE MAKING 3189

issues and subject,1 We stress that while other documents filed in this proceeding request before the designated applica­ we believe that the public interest is shall be furnished the Commission. tion has received a first action by the furthered by encouraging CATV systems Adopted: February 5, 1968. Patent Office and agreeing to the con­ to act as additional outlets for com­ ditions of the program, including waiving munity self-expression, there are a num­ Released; February 15, 1968. his rights to a patent and expressly ber of unresolved technical questions. F ederal Communications abandoning his application, the aban­ Thus, there is a question whether CATV Commission,3 donment to take effect 5 years after the systems need to use radiofrequencies earliest effective filing date of the appli­ for a link between a studio and the cable [ seal] B en F. W aple, cation. head-end, or whether this can be ac­ Secretary. The proposed changes follow: complished by a cable to the head-end [F.R. Doc. 68-2087; Filed, Feb. 19, 1968; 1. In § L it, delete “Patent” from the or by direct splice into the distribution 8:48 a n .] title. Identify the one paragraph now in cable from the studio rather than using the section as paragraph “ (a) ” and fol­ a microwave link to the head-end; per­ low with a new paragraph “ (b )” , so haps a showing as to the need to use that the section reads as follows: the microwave link should be required DEPARTMENT OF COMMERCE in each case. Further, there are unre­ § 1.11 Files open to the public. solved questions as to the impact on Patent Office '(a) After a patent has been issued, the television broadcast auxiliary stations [ 37 CFR Parts 1 ,3 1 specification, drawings, and all papers re­ sharing the 12,700-12,950 Mc/s band and lating to the case in the file of the patent the respective needs of CATV systems PATENT CASES are open to inspection by the general and broadcasters for studio-transmitter Forms, and Rules of Practice; Notice public, and copies may be furnished upon microwave links and perhaps remote paying the fee therefor. The file of any pickup facilities. And, finally, interested of Proposed Defensive Publication terminated interference involving a pat­ persons should be afforded the oppor­ Program ent, or an application on which a patent tunity to comment in this proceeding on Notice is hereby given that the Patent has subsequently issued, is similarly open the question of whether the authoriza­ Office proposes to amend the rules of to public inspection and procurement of tion of private microwave facilities for practice relating to patents in the man­ copies. See § 2.27 for trademark files. use in connection with CATV program ner set forth below. The amendments (b) Applications in which the Office origination should be the subject of any are proposed pursuant to the authority has accepted a waiver of rights to a pat­ limitations (e.g., whether commercials contained in Title 35 United States Code, ent filed under § 1.139 are open to inspec­ should or should not be permitted) .a section 6. tion by the general public, and copies 5. Accordingly, all interested persons may be furnished upon paying the fee All persons interested in presenting therefor. are invited to file written comments on their views and objections and recom­ or before March 22,1968, and reply com­ 2. In § 1.14, insert “Except as provided ments on or before April 2, 1968, on the mendations in connection with the pro­ in § 1.1Kb/1’ at the beginning of the first question of amendment of Part 74 of posed changes are invited to do so on or sentence of both paragraphs (a) and (b ). the Commission’s rules to authorize the before Wednesday, March 27, 1968, on Also delete “patent” from the first sen­ use of fixed point-to-point and remote which day a hearing will be held at 10 tence of paragraph (a), so that these Pickup stations in the 12,700-12,950 a.m., in Room 3D50 of Crystal Plaza paragraphs read7: Mc/s band in connection with CATV Building 34. All persons wishing to be heard orally are requested to notify the § 1.14 Patent applications preserved in program origination, to the extent found secrecy. - to be in the public interest. Parties may, Commissioner of Patents of their in­ of course, not only comment on this tended-appearance. (a) Except as provided in § 1.11(b) proposal, but suggest revisions or alter­ Sections 1.11, 1.14, 1.101, 1.103, 1.108, pending applications are preserved in natives. In reaching its decision on these and 1.201 of Title 37 CFR (Patent Rules secrecy. No information will be given by matters, the Commission may also take 11, 14, 101, 103, 108, and 201) are pro­ the Office respecting the filing by any Into account any other relevant infor­ posed to be amended and a new § 1.139 particular person of an application for a mation before it, in addition to the com­ (Patent Rule 139) is proposed to be ad­ patent, the pendency of any particular ments invited by this notice. ded for the purpose of instituting a new case before it, or the subject matter of 6. In accordance with the provisions defensive publication program. A new any particular application, nor will ac­ of § 1.419 of the Commission’s rules and section 3.50 is proposed to be added for cess be given to or copies furnished of any regulations, an original and 15 copies of the purpose of implementing the new pending application or papers relating all comments, replies, pleadings, briefs, or defensive publication program. thereto, without written authority of the This program is intended to provide applicant, or his assignee or attorney or better service to the public by making agent, unless it shall be necessary to the ... matter of private microwave facil- proper conduct of business before the es for CATV program origination was not available the technical disclosure of cer­ ncompassed in the prior notices in Docket tain applications in which the owner may Office or as provided by these rules. . 15586, and was not raised by way of prefer to publish an abstract in lieu of (b) Except as provided in § 1.11(b) counterproposal in the comments of the obtaining an examination by the Patent abandoned applications are likewise not Parties. Office. The defensive publication would open to public inspection, except that if rw?* recognize that the general matter of be in the form of an abstract of the an application referred to in a U.S. pat­ origination by CATV is the subject of study technical disclosure, printed in the Of­ ent is abandoned and is available, it may Rem aking and adjudicatory pro- ficial Gazette and made a part of the Pat­ be inspected or copies obtained by any roo„, now before the Commission. Thus, ent Office search files. The application person on written request, without notice ution of this general matter may come to the applicant. Abandoned applications as a result of decisions in these proceedings would be open to public inspection and would continue to be a pending applica­ may be destroyed after 20 years from and of Congressional developments, partic- tion for purposes of interferences for a their filing date, except those to which marly in the copyright field. While parties are limited period of time. This program particular attention has been called and ree to comment on this general matter in would be open to any applicant filing a which have been marked for preserva­ n7vw^rOCeeding also’ we d o note t ha:fc the tion. Abandoned applications will not be Proceeding is concerned mainly with the returned. technical aspects of the problem (see para- 8 Statements of Commissioners Bartley and 3. In § 1.101, add “except for those ap­ P 4). As stated, in our view, there is no Loevinger In which they dissent, Commis­ plications in which the Office, has ac­ sioners Lee and Cox in which they concur, cepted a waiver of rights to a patent J estion but that, at the least, the public and Commissioner Johnson in which he con­ rarest is served by CATV acting as an addi- filed under § 1.139” at the end of the last curs in part and dissents in part filed as part sentence of paragraph (a), so that it outlet for community self-expression. of the original document. reads:

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3190 PROPOSED RULE MAKING

§ 1.101 Order of examination. § 3.50 Disclaimer o f right to patent. gestions, or objections as they may desire to submit. For this purpose, copies of the (a) Applications filed in the Patent The undersigned, having on ------_____ filed an application for patent, proposed Guides, which are advisory in Office and accepted as complete applica­ nature as to the applicability of legal tion's (§§1.53 and 1.55) are assigned for Serial N o .__ ^__entitled------requirements, may be obtained upon re­ examination to the respective examining ______hereby disclaims or waives his right to a patent based on said ap­ quest to the Commission. Data, views, in­ divisions having the classes of inventions formation, objections, and suggestions to which the applications relate. Appli­ plication, subject to acceptance by the Commissioner, and requests that an may be submitted by letter, memoran­ cations shall be taken up for examination dum, brief, or other written communica­ by the examiner to whom they have been abstract of the disclosure thereof be tion not later than April 22, 1968, assigned in the order in which they have published in the Official Gazette, that to the Chief, Division of Industry Guides, been filed except for those applications the application be opened for public in­ Bureau of Industry Guidance, Federal in which the Office has accepted a waiver spection upon publication of said ab­ Trade Commission, Pennsylvania Avenue of rights to a patent filed under § 1.139. stract, and that the application be and Sixth Street NW., Washington-, D.C. 4. In § 1.103, add a new paragraph (d) considered pending only for the purpose 20580. Written comments received in the to read as follows: of interference; and, further, the under­ proceeding will be available for exami­ signed expressly abandons said applica­ § 1.103 Suspension o f action. nation by interested parties at the Fed­ tion, the abandonment to take effect five eral Trade Commission, Washington, (d) Action on applications in which (5) years after the earliest effective fil­ the Office has accepted a waiver of rights D.C., and will be fully considered by the ing date of the application, or upon final Commission. , to a patent filed under § 1.139 will be judgment in an interference pending suspended for the entire pendency of at that time, or immediately, if, with No te: These Guides have not been ap­ these applications except for purposes reference to the application hereinabove proved by the Federal Trade Commission. relating to proceedings under § 1.201(b). They are a draft of proposed Guides which identified or any other application for are made available to all interested or 5. In § 1.108, delete “and forfeited” in which a disclaimer of right to patent affected parties for their consideration and the title and the first sentence, and add has been filed, the undersigned hereafter for submission of such views, suggestions, “unless a waiver as in § 1.139 has been causes or permits the words “patent ap­ objections, or other pertinent information filed in and accepted by the Patent Office” plied for,” “patent pending,” or any as they may care to present, due considera­ at the end of the first sentence, so that other words of similar import or mean­ tion to which will be given by the Commis­ it reads as follows: ing, to be marked upon, affixed to, or sion before proceeding to final action on the used in advertising in connection with proposed Guides. § 1.108 A b a n d o n e d applications not Guides for this industry, if and when fi­ cited. any article. nally approved and adopted by the Commis­ (Sec. 1, 66 Stat. 792; 35 U.S.C, 6) sion, will be designed to assist manufacturers Abandoned applications as such will and other sellers of decorative wall panels not be cited as references unless a waiver Edward J. B renner, in labeling and advertising their products as in § 1.139 has been filed in and ac­ Commissioner of Patents. in a manner which will conform with sec­ cepted by the Patent Office. Approved: February 16, 1968. tion 5 of the Federal Trade Commission Act. 6. In paragraph (b) of § 1.201, delete Their purpose will be to encourage voluntary “ for patent” both times it appears, and J ohn F. K incaid, compliance with the law by those whose insert “applications” before “for reissue” Assistant Secretary for practices are subject to the jurisdiction of Science and Technology. the Commission. Proceedings to prevent de­ in both instances so that the paragraph ceptive practices in the sale of Decorative reads as follows: [F.R. Doc. 68-2175; Filed, Feb. 19, 1968; Wall Panels may be brought under the § 1.201 Definition, when declared. 9:47 a.m.] Federal Trade Commission Act, as amended (15 U.S.C. 41-58). Briefly stated, the Act (b) An interference will be declared makes it illegal for one to engage in “un­ between pending applications, or appli­ fair methods of competition in commerce cations for reissue, of different parties and unfair or deceptive acts or practices in when such applications contain claims FEDERAL TRADE COMMISSION commerce.” for substantially the same invention, [ 16 CFR Part 243 1 Text of the proposed Guides follows: which are allowable in the application of DECORATIVE WALL PANELING Sec. each party, and interferences will also INDUSTRY 243.0 Definitions. be declared between pending applica­ 243.1 Deception (general). Proposed Guides; Notice of Oppor­ 243.2 Wood and wood imitations. tions, or applications for reissue, and 243.3 Deceptive use of wood names. unexpired original or reissued patents, tunity To Present Written Views, 243.4 Imitations of materials other than of different parties, when such applica­ Suggestions, Objections, or Perti­ wood. nent Information 243.5 Misleading illustrations. tions and patents contain claims for 243.6 Deceptive use of trade or corporate substantially the same invention which Proposed Guides for the Decorative names, coined names, trademarks, are allowable in all of the applications Wall Paneling Industry are hereinafter etc. set forth and are today made public by 243.7 Passing off through imitation or sim­ involved, in accordance with the provi­ ulation of trademarks, trade sions of these rules. the Commission for consideration by in­ dustry members and other interested or names, etc. 7. A new § 1.139 is proposed to be 243.8 Guarantees, warranties, etc. affected parties pursuant to the Federal 243.9 Deceptive pricing. added, the full text of which will read Trade Commission Act, as amended, 15 243.10 Size markings and designations. as follows: U.S.C. 41-58, and the provisions of Part 243.11 Removal, obliteration, or alteratio of marks or labels. §1.139 Waiver of patent rights. 1, Subpart A, of the Commission’s pro­ cedures and rules of practice, 32 F.R. Au th ority : The provisions of this ^ An applicant may waive his rights to 8444 (June 13, 1967). issued under secs. 5, 6, 38 Stat. 719, a patent based on a pending application Opportunity is hereby extended by the amended, 721; 15 U.S.C. 45,46. by filing in the Patent Office a written Federal Trade Commission to any and § 243.0 Definitions. waiver of patent rights, consent to the all persons, firms, corporations, organi­ zations, or other parties affected by or For the purpose of this part the fol‘ publication of an abstract, and declara­ lowing definitions shall apply: tion of abandonment signed by the ap­ having an interest in the proposed (a) Industry member. Any perso ^ plicant and the assignee of record or by Guides for the Decorative Wall Paneling firm, corporation, or organization en­ the attorney or agent of record. Industry, to present to the Commission gaged in the manufacture, sale, or di ", 8. A new § 3.50 is proposed to be their views concerning the Guides, in­ tribution of industry products as su added to read as follows: cluding such pertinent information, sug­ products are hereinafter defined.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 PROPOSED RULE MAKING 3191

(b) Industry products. Industry prod­ has been printed on, attached to or sim­ kind of wood. Depending on the composi­ ucts include all products which are suit­ ulated in any other manner on the sur­ tion, proper descriptions would include able for use as interior decorative wall face of an industry product; “mahogany finished gum plywood,” panels. Industry products may be com­ (v) Describing a nonlumber product “walnut stained plywood,’’ “walnut finish posed of solid wood, plywood, or any as “wood.” on pecan veneer face,” or “cherry grained other material or combinations of wood, Note: Hardboard, flberboard, chipcore, hardwood;” wood byproducts, or other materials, and flakeboard, and products of similar composi­ (iii) Has an appearance which could may be prefinished, partially finished, tion, although composed of wood byproducts mislead potential purchasers in any ma­ or unfinished. or wood fibers, should not be represented terial respect. without qualification as “wood” but may be (b) Disclosures provided for by this §243.1 Deception (general). described as “ hardboard,” “flberboard,” “wood product,” whichever is applicable, or section may be accomplished by stating Industry members should not sell, of­ by any nondeceptive descriptive word or either the true composition (e.g., “ma­ fer for sale, or distribute industry prod­ term; hogany grained hardboard” or “simu­ ucts by any method, or under any lated walnut grain on plastic” ), or by representation, circumstance, or condi­ or making a disclaimer of composition (e.g., tion (including failure to adequately dis­ (2) Is likely to mislead because of a “imitation wood” or “simulated wood close relevant facts1), which has the half-truth. Examples would include: finish” ) .* [Guide 2] capacity and tendency or effect of mis­ (i) Describing as “walnut,” “in wal­ leading purchasers or prospective pur­ nut,” or “genuine walnut” a panel having § 243.3 Deceptive use of wood names. chasers as to the grade, type, kind, only a face veneer of walnut. Proper de­ (a) Industry members should not use character, content, construction, com­ scriptions would include “walnut veneer any direct or indirect representation position, process, or technique used in face,” “walnut veneer surface,” or “wal­ concerning the identity of the wood in preparation or fabrication, origin, size, nut veneer;” industry products which is false or likely thickness, quality, quantity, value, price, • Note: Unqualified terms such as “walnut,” to mislead purchasers as to the actual serviceability, resistance, performance, “genuine walnut,” and “in walnut” imply wood composition. durability, color, finish, manufacture, or that the product so described is solid walnut; (b) The unqualified word “walnut” distribution of any product of the in­ (ii) Describing as “walnut veneer” a should not be used to describe wood other dustry or component part of such prod­ panel having a face veneer not entirely than genuine solid walnut (Juglans). uct, or in any other material respect. of walnut. (c) The unqualified word “mahogany” [Guide 1] should not be used to describe wood other Note : If a wood name is used to describe a than genuine solid mahogany (Swie- § 243.2 Wood and wood imitations. panel having more than one kind of wood in the face veneer then all of the woods in the tenia). (a) In connection with the sale of face veneers should be named or otherwise (d) The word “mahogany” may be industry products made of wood, or which identified (e.g., “walnut and cherry veneers” used to describe wood of the genus are not wood but have an appearance or “walnut and other hardwood veneers” ) ; Khaya, but only when prefixed by the simulating that of wood, members of the (iii) Using unqualified phrases such as word “African” (e.g., “African mahog­ industry should not use any display, “wood-pattern” or “woodgrain finish” to any” ). exhibit, sample sales method, depiction describe a panel having a wood surface (e) In naming or designating the or representation which could directly which has been stamped, rolled, pressed, seven Philippine woods Tanguile, Red or indirectly convey to purchasers or or otherwise processed in such manner Lauan, White Lauan, Tiaong, Almon, potential purchasers an impression Mayapis, and Bagtikan, the word “ma­ which: as to change the natural wood grain de­ sign. Proper descriptions would include hogany” may be used but only when (1) Is false. Examples would include: “simulated woodgrain finish,” or “imita- prefixed by the word “Philippine” (e.g., (i) Describing an oak panel as “Philippine mahogany” ). Examples of “pecan;” tation grain figure;” (iv) Describing as “hardwood ply­ improper use of the word “mahogany” 2 (H) Describing as “solid birch” or wood” a panel made of hardwood ply­ include reference to Red Lauan as “genuine birch” a panel made with lam­ wood but having a vinyl film surface “Lauan mahogany” or White Lauan as inations of all birch plies. Proper simulating a wood finish. Proper descrip­ “Blonde Lauan mahogany.” Such woods, descriptions would include “all birch ply­ tions would include “hardwood plywood however, may be described as “Red wood” or “birch plies;” with simulated wood grained vinyl sur­ Lauan” or “Lauan” or “White Lauan,” (iii) Describing a flakeboard panel as face” or “simulated wood surface on respectively. The term “Philippine ma­ “solid wood;” plywood;” hogany” should not be used to describe Describing as “natural wood (3) Is false or has the capacity and woods other than the seven Philippine grain” a simulated grain design which tendency to mislead because of the fail­ woods named above, whether such other ure to affirmatively disclose facts1 con­ woods aré grown in the Philippine JTlie Commission, in order to prevent cerning the composition of a product Islands or elsewhere. deception, may require affirmative disclosure (f) The word “mahogany,” with or °T material facts concerning merchandise having the appearance of wood, or of a which, if known to prospective purchasers, certain kind of wood, when it is not wood, without qualification, should not be used would influence their decisions of whether or the kind of wood which it appears to to name or identify any wood except as or not to purchase. The failure to disclose be. Examples would include failure to provided above. uch information is an unfair trade practice disclose when an industry product or Note: Nothing in this section should be violative of section 5 of the Federal Trade part thereof: construed as prohibiting the nondeceptive hw+w-1*88*011 Disclosures provided for (i) Has an exposed surface of plastic, use of wood names to describe the color, t / sk°uld be on, or on a tag attached metal, vinyl, hardboard, flakeboard, or stain, simulated finish or appearance of in­ . the industry product and be of such dustry products: Provided, That appropriate permanency as to remain on, or attached to, other material not possessing a natural qualifications are made in accordance with ... product until consummation of its con- wood growth structure but which has an provisions in § 243.2. _ sale- The disclosure should also ap- appearance simulating that of wood. When a wood name is used in advertising dm+ ln an^ advertising relating to an in- Depending on the composition, proper or labeling to describe the grain and/or color whAr7 *>roducl; irrespective of the media used descriptions would include “simulated of a stain finish or other type of simulated dpni+lV€r stetements, representations or walnut finish on plastic face,” “vinyl finish which has been applied to a surface which''f8 are used in such advertising surface with simulated pecan finish,” composed of something other than solid servA ’+ ln tlle absenee of such disclosure, wood of the type named, it should be made create a false impression that the “birch finish on hardboard,” “mahogany clear that the wood name used is merely de­ kind or any Pari; thereof, is of a certain grained plastic,” or other nondeceptive scriptive of the grain design and/or color or sarrd/ ?omP°sition. In all cases the neces­ phrases; other simulated finish. sity, ,®closure should be in close conjunction (ii) Has a wood surface finished by Under this section, unqualified phrases Sclent 1rePresentation and should be of suf- means of staining, decalcomania, print­ such as “walnut finish," “in walnut,” “fruit- clarity, conspicuousness and audi- wood,” “oak,” and “mahogany finish,” and ing, paper coating, or other process so ps prospeotiVep rS ei-T en purchasers. sP°ken> as to be noted by other terms of similar import or meaning, to have the appearance of a different will not be adequate. But statements such

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3192 PROPOSED RULE MAKING as “ walnut grained plastic face,” "walnut § 243.7 Passing off through imitation or tising or otherwise that an industry color,” “walnut stain,” “maple stained fin­ simulation of trademarks, tra d e product may be purchased for a specified ish,” “mahogany finish on gum,’’ “fruitwood names, etc. price, or at a saving, or at a reduced finish on selected hardwood veneer,” and “walnut finish on other hardwoods” (or Industry members should not pass off price, when such is not the fact; or other­ “softwoods,” as the case may be) will satisfy the products of one industry member as wise deceive purchasers or prospective this provision if such statements are fac­ and for those of another through the purchasers with respect to the price of tually correct and appear in contexts which imitation or simulation of trademarks, any product offered for sale; or fur­ are otherwise nondeceptive.1 trade names, brands, labels, or otherwise. nish any means or instrumentality by [Guide 7] which others engaged in the sale of in­ [Guide 3] dustry products may make any such § 243.4 Imitations o f materials other § 243.8 Guarantees, warranties, etc. representation. than wood. (a) Industry members should not Note: The Commission’s January 8, 1964, Industry members should not misrep­ represent in advertising or otherwise Guides Against Deceptive Pricing furnish resent the composition of any industry that a product is “guaranteed” without additional guidance respecting price savings product, or part thereof, or fail to dis­ clear and conspicuous disclosure of: representations and are to be considered as (1) The nature and extent of the supplementing this section. Copies are avail­ close any material fact1 concerning the able upon request. composition of an industry product when guarantee; and the failure to do so has the capacity and (2) Any material conditions or limita­ [Guide 91 tions in the guarantee which are im­ tendency or effect of deceiving purchas­ § 243.10 Size markings and designa­ ers or prospective purchasers^ For ex­ posed by the guarantor; and tions. ample : (3) The manner in which the guar­ antor will perform thereunder; and Industry members should not: (a) A hardboard panel having an imi­ (a) Mark or otherwise represent, di­ tation marble finish should not be de­ (4) The identity of the guarantor. rectly or by implication, any industry scribed without qualification as “mar­ (b) A seller or manufacturer should product as being of a certain size which ble,” “travertine,” or “travertine marble not advertise or represent that a product is not in fact the true size thereof; or finish.” Proper descriptions would in­ is guaranteed when he cannot or does clude “simulated marble finish,” “imita­ (b) Fail to disclose on industry prod­ not promptly and scrupulously fulfill his ucts the true size thereof when the failure tion textured marble,” “marble finish on obligations under the guarantee. plastic faced hardboard,” or “simulated to make such disclosure has the capacity (c) A specific example of refusal to and tendency or effect of deceiving pur­ travertine on hardboard” ; perform obligations under the guarantee chasers or prospective purchasers as to (b) A fiberboard panel having an imi­ is use of “Satisfaction or your money the size of such products. For instance, tation burlap finish should not be de­ back” when the guarantor cannot or .does consumers generally expect to purchase scribed without qualification as “burlap” not intend promptly to make full refund 4' x 8' plywood panels. If an advertiser or “burlap finish.” Proper descriptions upon request. offers panels measuring only 4' x 7', then would include “imitation burlap weave (d) Guarantees should not be used a disclosure should be made of the true finish,” “simulated burlap design on fi­ which under normal conditions are im­ size. [Guide 101 berboard,” or “simulated burlap finish on practical of fulfillment or which are for fiberboard.” such a period of time or are otherwise of § 243.11 Removal, obliteration, or al­ teration o f marks or labels. Note: A representation concerning the such nature as to have the capacity and compositon of a particular part of a product tendency of misleading purchasers or Industry members should not:. should clearly indicate the part to which the prospective purchasers into the belief (a) Remove, obliterate, deface, representation is properly applicable. that the product so guaranteed has a change, alter, conceal, or make illegible [Guide 4] greater degree of serviceability, durabil­ any information this part provides be § 243.5 Misleading illustrations. ity, or performance capability in actual disclosed on industry products, without use than is true in fact. replacing the same before, sale, resale, or Industry members should not use any (e) This section has application not picture, illustration, diagram, or other distribution for sale with a proper mark only to “guarantees” but also to “war­ or label meeting the provisions of this depiction, either alone or in conjunction ranties,” to purported “guarantees” and with words or phrases, which would have “warranties,” and to any promise or rep­ part; or the capacity and tendency or effect of resentation in the nature of a “guaran­ (b) Sell, resell, or distribute any in­ misleading or deceiving purchasers or tee” or “warranty.” dustry product without its being marked prospective purchasers concerning any or labeled and described in accordance material fact relating to an industry Note: The Commission's April 26, 1960, Guides Against Deceptive Advertising of with the provision of this part. [Guide product. [Guide 51 Guarantees furnish additional guidance re­ § 243.6 Deceptive use o f trade or cor­ specting guarantee representations and are 11] porate names, coined names, trade­ to be considered as supplementing this sec­ Issued: February 19,1968. tion. Copies áre available upon request. marks, etc. By direction of the Commission. Industry members should not use any [Guide 81 [ seal] Joseph W. Shea, deceptive or misleading trademarks, Secretary. trade names or coined names in desig­ § 243.9 Deceptive pricing. nation of industry products or of ma­ Members of the industry should not [F.R. Doc. 68-2023; Filed, Feb. 19, 1968;, terials used therein. [Guide 6] represent directly or indirectly in adver­ 8:45 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 33— TUESDAY, FEBRUARY 20, 1968 3193 N otices

DEPARTMENT OF THE TREASURY Fiscal Service 1, so long as the companies remain qual­ [Dept. Circ. 570, 1967 Rev., Supp. No. 8] ified (31 CFR Part 223). A list of quali­ Bureau of Customs fied companies is published annually as [T.D. 68-57] GUARANTEE COMPANY OF NORTH of June 1 in Department Circular 570, AMERICA, UNITED STATES BRANCH with details as to underwriting limita­ IMPORTED UNFINISHED WELDING AND GUARANTEE COMPANY OF tions, areas in which licensed to trans­ FITTINGS AND FLANGES a ct fidelity and surety business and other NORTH AMERICA, NEW YORK information. Copies of the circular, when Ruling on Country of Origin Marking Termination of Authority To Qualify as issued, may be obtained from the Treas­ F ebruary 13,1968. Acceptable Reinsuring Company on ury Department, Bureau of Accounts, The Bureau of Customs has recently Federal Bonds; Acceptable Surety Audit Staff, Washington, D.C. 20226. reviewed the application of the country Company on Federal Bonds In view of the foregoing, no action need of origin marking requirements of section be taken by bond-approving officers, by 304, Tariff Act of 1930, as amended (19 The certificate of authority issued by reason of the domestication and trans­ U.S.C. 1304), to imported unfinished the Secretary of the Treasury under date fer and assumption, with respect to any welding fittings and flanges which are of June 1, 1967, to the U.S. branch of bond or other obligation in favor of the processed into finished fittings and The Guarantee Company of North United States, or in which the United flanges in the United States. America, Montreal, Canada, to qualify States has an interest, direct or indirect, The processes involved in finishing the as an acceptable reinsuring company only issued on or before September 30, 1967, imported articles include such processes on Federal bonds pursuant to Treasury by The Guarantee Company of North as cleaning to remove mill scale and Department Circular No. 297, dated July America, U.S. branch, pursuant to the rust; trimming excess material from the 5, 1922, as amended, 31 CFR Part 223, is certificate of authority issued to the com­ ends of fittings and beveling and machin­ hereby terminated effective as of mid­ pany by the Secretary of the Treasury. ing the ends of the fittings; machin­ night September 30,1967. Dated: February 14,1968. ing the faces and machining or thread­ Pursuant to a domestication agree­ ing the bore, and drilling bolt holes in ment and instrument of transfer and [seal] J ohn K . Carlock, the flanges; marking the articles with assumption between The Guarantee Fiscal Assistant Secretary. the name or trademark of the processor; Company of North America, a Canadian [F.R. Doc. 68-2080; Filed, Feb. 19, 1968; and painting them. corporation, and The Guarantee Com­ 8:47 a.m.] The Bureau has concluded that the pany of North America, New York, a processor of such unfinished welding New York corporation, approved by the fittings and flanges is not the ultimate Superintendent of Insurance of the purchaser of the articles within the State of New York on September 19,1967, DEPARTMENT OF THE INTERIOR meaning of section 304, since the further and effective as of midnight September Bureau of Indian Affairs processing does not result in the manu­ 30, 1967, the U.S. branch of The Guaran­ facture of a new and different article tee Company of North America was do­ AREA OFFICE REDELEGATION ORDERS mesticated under the laws of the State of with a new name, character, or use Delegations of Authorities Regarding within the meaning of the principle of New York. At the same time, The Guar­ the decision in the case of United States antee Company of North Amrica, New Indian Health Matters; Deletions v. Gibson-Thomsen Co., Inc. (1940), 27 York acquired all the business and as­ F ebruary 12,1968. CCPA 267, C.A.D. 98. sets and assumed all the liabilities of the Area Redelegation Orders are amended Accordingly, unfinished welding fit­ U.S. branch of The Guarantee Company as hereinafter indicated: tings and flanges shall be required to be of North America, which then ceased to 1. Aberdeen Area Office Redelgation legibly and conspicuously marked to in­ exist as a separate entity. A copy of the domestication agreement, including in­ Order 2, Amendment 15; dicate the country of origin by die stamp­ Aberdeen Area Office Redelegation ing or other permanent marking in a strument of transfer and assumption, is on file in the Treasury Department, Bu­ Order 2, as amended, is further amended, location on the articles where the mark- under Part 2—Authority of Superintend­ ng will not be obliterated by the process­ reau of Accounts, Audit Staff, Washing­ ton, D.C.20226. ents and School Superintendents, by the ing which is performed to make them deletion of the center heading “Functions into finished articles. Flanges shall be A certificate of authority as an accept­ Relating to Medical, Hospital and Nurs­ marked elsewhere than on the face or able surety on Federal bonds has been ing Services” and the following sections edges and pipe fittings shall be marked issued by the Secretary of the Treasury thereunder: section 2.252, Quarantine of elsewhere than on the extreme ends. Fit- under date of October 1, 1967, to the Indians, and section 2.253, Commitment ngs which are to be cut apart in proc- following company under the Act of of insane Indians. S W * ,such as fittings in the shape of Congress approved July 30, 1947 (6 0 returns, shall be marked in such a U.S.C. 6-13). An underwriting limitation 2. Anadarko Area Office Redelegation y as to insure that the marking will of $106,000 has been established for the Order 1, Amendment 9: S * ar ,on each resulting part after the company. Anadarko Area Office Redelegation Order 1, as amended, is further amended, Processing is completed. Name of company, location of principal ruling shall be effective as to mer- executive office, and State in which under Part 2—Authority of Superintend­ cnandise entered, or withdrawn from incorporated: • , ents and School Superintendents, by the arehouse, for consumption on or after The Guarantee Company of North America, deletion of the center heading “.Functions e 91st day after publication in the New York Relating to Health and Welfare Matters” federal R egister. New York, N.Y. and the following sections thereunder; section 2.252, Quarantine of Indians, and [seal] Lester D. J ohnson, New York Commissioner of Customs. section 2.253, Commitment of insane Certificates of authority expire on Indians. [PR. Doc. 68-2079; Plied, Peb. 19, 1968; May 31 each year, unless sooner revoked, 8:47 a.m.] 3. Billings Area Office Redelegation and new certificates are issued on June Order 1, Amendment 25:

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3194 NOTICES

Billings Area Office Redelegation Order filed an application, serial number Name, location of stockyard, and date of 1, as amended, is further amended, Wyoming 10708, for the withdrawal of ‘posting under Part 2—Authority of Superin­ the lands described below from all forms California tendents and Project Engineer, by the of appropriation under the public land Bakersfield Cattle Auction, Bakersfield delegation of the center heading “Func­ laws, including the mining laws but not Nov. 25, 1967. tions Relating to Medical, Hospital and the mineral leasing laws, pursuant to au­ G eorgia thority of Executive Order 10355. Nursing Services” and the following sec­ McClure-Burnett "Commission Co., Toccoa tions thereunder: section 2.252, Quaran­ The applicant desires the land for Feb. 1, 1968. tine of Indians, and section 2.253, Com­ protection of the Bennett Peak—Cotton­ mitment of insane Indians, wood Creek and Bennett Peak—Corral M assachusetts 4. Minneapolis Area Office Redelega­ Creek Recreation Sites which are to be Northampton Coop Auction Assoc., Inc., tion Order 1, Amendment 9: developed for public recreation use. Whately, Jan. 16, 1968. Minneapolis Area Office Redelegation For a period of 30 days from the date South Carolina Order 1, as amended, is further amended, of publication of this notice, all persons Red Bank Auction Sales, Lexington, Dec, 1, under Part 2—Authority of Superintend­ who wish to submit comments, sugges­ 1967. ents, by the deletion of the center head­ tions, or objections in connection with ScJu th Dakota the proposed withdrawal may present ing “Functions .Relating to Medical, Volmer Livestock Auction, Fort Pierre, Hospital, and Nursing Services” and the their views In writing to the undersigned Sept. 30, 1967. following sections thereunder: section officer of the Bureau of Land Manage­ T exas 2.252, Quarantine of Indians, and section ment, Department of the Interior, 2120 Capitol Avenue, Cheyenne, Wyo. 82001. El Paso Livestock Auction Co., Inc., El Paso, 2.253, Commitment of insane Indians. Nov. 15,1967. 5. Muskogee Area Office Redelegation If circumstances warrant, a public W ashington hearing will be held at a convenient time Order 1, Amendment 5: Botta Livestock Pavilion & Arena, Inc., Muskogee Area Office Redelegation and place, which will be announced. Ellensburg, Nov. 30, 1967. Order 1, as amended, is further amended, The determination of the Secretary under Part 2—Authority of Superintend­ on the application will be published in Done at "Washington, D.C., this 14th day of February 1968. ents, School Superintendent, and Officers the F ederal R egister. A separate notice in Charge of Area Field Offices, by the will be sent to each interested party of G. H. Hopper, deletion of the center heading “Functions record. Acting Chief, Registrations, Relating to Medical, Hospital, and Nurs­ The lands involved in the application Bonds, and Reports Branch, ing Services” and the following sections are: Livestock Marketing Division. thereunder: section 2.251, Enforcement Six th Principal Meridian, W yo m in g [F.R. Doc. 68-2095; Filed, Feb. 19, 1968; of State health laws; section 2.252, a :48 a.m.] Quarantine of Indians;; 'and section 2.253, BENNETT PEAK----COTTONWOOD CREEK Commitment of insane Indians. RECREATION SITE 6. Phoenix Area Office Redelegation T. 15 N., R. 82 W „ Order 1, Amendment 9: See. 14, SW^NW]4 and W%SW%: DEPARTMENT DF COMMERCE Phoenix Area Office Redelegation Sec. 15, SWi/4NEy4NEi/4, SE^NE^, NW% Office of Foreign Direct Investments •NEi/4., NE ¿4SW%NE %, Ny2NWy4, Order 1, as amended, is further amended, SW%TSTWi4, SW ^SW ^NW ^, and BASE PERIOD REPORT OF DIRECT under Part 2—Authority of Superintend­ E%«E%. INVESTORS ents, School Superintendent; Project Engineer, and Officer in Charge of Area BENNETT PEAK----CORRAL CREEK issuance of Form FDI—101 and RECREATION SITE Field Office, by the deletion of the center Supplements T. 15 N„ R. 82 W., heading “Functions Relating to Medical, Section 1000.602(b) (1) of the Foreign Hospital, and Nursing Services” and the Sec. 14, Si/2SEi,4NW%, E^SWy4, S^S E ^, and SW14 NWy4 SE14; Direct Investment Regulations (33 FR. following sections thereunder: section Sec. 23, Ni/2NEi/4NEy4, SWyiNE^NE^, 53) requires direct investors to file a base 2.252, Quarantine of Indians, and section Nwy4NEy4, Ny2swy4NEy4, N p w y 4, period report on Form CDFDI-101 by 2.253, Commitment of insane Indians. and Ny2SEy4NWy4. March 15, 1968. This form has now been 7. Portland Area Office Redelegation The areas described aggregate 750 developed as Form FDI-101,1 with six Order 1, Amendment 18: supplements. The due date for filing Portland Area Office Redelegation Acres. Ed Pierson, Form FD-101 and all supplements ex­ Order 1, as amended, is further amended, State Director. cept Supplement 4 has been changed to under Part 2—Authority of Superintend­ March 22, 1968. Supplement 4 is due 45 ents, School Superintendent, Project [F.R. Doc. 68-2055; Filed, Feb. 19, 1968; days thereafter. Form FDI-101 and sup­ Engineer, and Assistant Superintendents, 8:45 a.m.] plements thereto are to be submitted to by the deletion of the center heading the Program Reports Division, Office of “Functions Relating to Medical, Hospi­ Foreign Direct Investments, U.S. Depart­ tal, and Nursing Services” and the fol­ ment of Commerce, Washington, DC. lowing sections thereunder: sections DEPARTMENT OF AGRICULTURE 20230. Form FDI-101, the supplements, 2.252, Quarantine of Indians, and 2.253, Packers and Stackyards and related instructions may be obtained Commitment of insane Indians. Administration in Room 2119, IJ.S. Department of Com­ R obert L. Bennett, merce Building, Washington, D.C., from Commissioner. BAKERSFIELD CATTLE AUCTION ET AL. any of the 42 U.S. Department of Com­ merce Field Offices, or from any of the [F.R. Doc. 68-2054; Filed, Feb: 19, 1968; Posted Stockyards 8:45 a.m.] 36 Federal Reserve district and branch Pursuant to the' authority delegated banks. under* the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.), Dated: February 19, 1968. Bureau of land Management on the respective dates specified below, it J oseph W. B artlett, [Wyoming 10708] was ascertained that the livestock Acting Director, Office of markets named below were stockyards Foreign Direct Investments. WYOMING within the definition of that term con­ [F.R. Doc. 68-2224; Filed, Feb. 19, 1968; Notice of Proposed Withdrawal and tained in section 302 of the Act, as 11:49 ajn.] amended (7 U.S.C. 202), and notice was Reservation of Lands 1 Copies of Form FDI-101, Supplements F ebruary 12,1968. given to the owners and to the public by 1-6, and related instructions have been ~ The Bureau of Land Management, posting notice at the stockyards as re­ tached hereto and filed with the Fed U.S. Department of the Interior, has quired by said section 302. R egister as part of the original of this no

"FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 NOTICES 3195

Maritime Administration Dated at Bethesda, Md., February 12, tachment hereto,1 names additional spe­ 1968. cific commodity rates which reflect NATIONAL BANK OF NORTH For the Atomic Energy Commission. significant reductions from the general AMERICA cargo rates. Additionally, the agreement Notice of Approval of Applicant as J . A . M cB ride, amends the description for Commodity Director, Item 7103 by the inclusion of canceled Trustee Division of Materials Licensing. revenue stamps.2 Notice is hereby given that the Na­ California Nuclear, I n c . Pursuant to authority duly delegated tional Bank of North America, orga­ [Docket No. 27-39] by the Board in the Board’s regulations, nized and existing under the laws of the 14 CFR 385.14, it is not found that the United States, with offices at 60 Hemp­ A mendm ent to B yproduct, Source, and subject agreement is adverse to the public stead Avenue, West Hempstead, N.Y., has Special Nuclear M aterial License interest or in violation of the AQt: Pro­ been approved as a trustee pursuant to [License No. 13-10042-1: Arndt. No. 10] vided, That approval thereof is condi­ Public Law 89-346 and 46 CFR 221.21- The Atomic Energy Commission having tioned as hereinafter ordered. 221.30. found that: Accordingly, it is ordered, That : Dated: February 16,1968. A. The licensee’s equipment, facilities, and procedures are adequate to protect health Agreement CAB 19703, R-74 through M . I. G oodman, and minimize danger to life or property. R-77, be approved, provided approval Chief, B. The licensee is qualified by training shall not constitute approval of the spe­ Office of Ship Operations. and experience to conduct the proposed land cific commodity descriptions contained burial operation in accordance with the therein for purposes of tariff publication. [F.R. Doc. 68-2210; Plied, Feb. 19, 1968; Commission’s regulations set forth in Title 11:17 a.m.j Persons entitled to petition the Board 10, Chapter 1, Code of Federal Regulations, for review of this order, pursuant to the and in such manner as to protect health and Board’s regulations, 14 CFR 385.50, may minimize danger to life and property. C. The application for license amendment file such petitions within ten days after ATOMIC ENERGY COMMISSION dated November 3, 1967, complies with the the date of service of this order. requirements of the Atomic Energy Act of [Docket No. 27-39] This order shall be effective and be­ 1954, as amended, and the Commission’s come the action of the Civil Aeronautics CALIFORNIA NUCLEAR, INC. regulations, and is for a purpose authorized Board upon expiration of the above by that Act. period, unless within such period a pe­ Notice of Issuance of Amendment of Byproduct, Source, - and Special Nuclear Material License No. 13—10042—1 is amended tition for review thereof is filed, or the Byproduct, Source, and Special Nu­ to add the following condition: Board gives notice that it will review this clear Material License 21. The licensee is hereby authorized to order on its own motion. receive and bury at its facility located in This order will be published in the Please take notice that the Atomic Bureau County, 111., one steel bottle con­ F ederal R eg ister. Energy Commission has issued Amend­ taining 50 curies of hydrogen 3 (tritium) gas ment No. 10 to License No. 13-10042-1 as specified in the application for license [ sea l] H arold R . S anderson, held by California Nuclear, Inc., Lafay­ amendment dated November 3, 1967. Secretary. ette, Ind.', as set forth below. The license Date of issuance: February 12, 1968. [F.R. Doc. 68-2081; Filed, Feb. 19, 1968; authorizes, among other things, the For the Atomic Energy Commission. 8:47 a.m.] burial by California Nuclear of up to 10 curies of tritium gas at its burial site J. A. McBride, near Sheffield, 111. This license amend­ D irector, ment authorizes the one-time burial of 50 Division of Materials Licensing. curies of hydrogen 3 (tritium) gas in a [F.R. Doc. 68-2052; Filed, Feb. 19, 1968; FEDERAL MARITIME COMMISSION 8:45 a.m.] sealed steel bottle. The steel bottle will NAVIERA CRUCEROS, S.A. be placed in a 30-gallon steel drum sur­ rounded by concrete prior to burial. Security for the Protection of the Pub­ The Commission has determined that CIVIL AERONAUTICS BOARD lic;- Financial Responsibility To prior public notice of proposed issuance Meet Liability Incurred for Death or of this amendment is not required since [Docket No. 18650; Order E-26360] the amendment does not involve signifi­ Injury to Passengers or Other Per­ cant hazards considerations different INTERNATIONAL AIR TRANSPORT sons on Voyages; Notice of Issuance from those previously evaluated. ASSOCIATION of Certificate (Casualty) Within fifteen (15) days from the Order Regarding Specific Commodity Notice is hereby given that pursuant date of publication of this notice in the to the provisions of section 2, Public Law Federal R eg ister, any person whose in­ Rates 89-777 (80 Stat. 1356, 1357) and Federal terest may be affected by the issuance of F ebruary 14,1968. Maritime Commission General Order 20 this license amendment may file a peti­ Issued under delegated authority. (46 CFR Part 540), that a certificate of tion for leave to intervene. Requests for An agreement has been filed with the financial responsibility to meet liability a hearing and petitions for leave to in­ Board pursuant to section 412(a) of the incurred for death or injury to passen­ tervene shall be filed in accordance with Federal Aviation Act of 1958 (the Act) gers or other persons on voyages has been issued to the following: the provisions of the Commission’s and Part 261 of the Board’s economic “Rules of Practice” (10 CFR Part 2). regulations, between various air carriers, Naviera Cruceros, S.A. (Cruise Shipping Co.), foreign air carriers, and other carriers, If a request for a hearing or a petition Certificate No. C -1,060. Effective Date: embodied in the resolutions of the Joint February 13, 1968. for leave to intervene is filed within the Conferences of the International Air time prescribed in this notice, the Com­ Transport Association (IATA), and Dated: February 15,1968. mission will issue a notice of hearing or adopted pursuant to the provisions of T hom as L i s i , 511 appropriate order. Petitions to inter­ Resolution 590 dealing with specific com­ Secretary. vene or requests for public hearing may modity rates. [F.R. Doc. 68-2088; Filed, Feb. 19, 1968; be filed with the Secretary, U.S. Atomic The agreement, adopted pursuant to 8:48 a.m.] unprotested notices to the carriers and Energy Commission, Washington, D.C. promulgated in an IATA letter dated 1 Filed as part of the original document. 20545. February 2, 1968, as set forth in the at­ * R-76.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 No. 35- 3X98 NOTICES

NAVIERA CRUCEROS, S.A. representatives. Such action requires the unanimous approval of all members en­ SECURITIES AND EXCHANGE Security for the Protection of the Pub­ titled to vote. lic: Indemnification of Passengers Dated: February 15, 1968. COMMISSION for Nonperformance of Transporta­ [File Nos. 7-2841—7-2850] tion; Notice of Issuance of Certifi­ By order of the Federal Maritime Commission. ALLIED PRODUCERS CORP. ET AL. cate (Performance) . T h o m as L i s i , Notice of Applications for Unlisted Notice is hereby given that pursuant to Secretary. Trading Privileges and of Oppor­ the provisions of section 3, Public Law [F.R. Doc. 68-2090; Filed, Feb. 19, 1968; 89-777 (80 Stat. 1357, 1358) and Federal 8:48 a.m.] tunity for Hearing Maritime Commission General Order 20 F e b r u a r y 14,1968. (46 CFR Part 540) that a certificate of NORTH ATLANTIC UNITED KINGDOM In the matter of applications of the financial responsibility for indemnifica­ Boston Stock Exchange for unlisted trad­ tion of passengers for nonperformance of FREIGHT CONFERENCE ing privileges in certain securities. transportation has been issued to the following: Notice of Agreement Filed for The above-named national securities Approval exchange has filed applications with the Naviera Cruceros, S.A. (Cruise Shipping Securities and Exchange Commission Co.). Certificate No. P-64. Effective date: Notice is hereby given that the fol­ pursuant to section 12 (f ) (1) (B) of the February 13, 1968. lowing agreement has been filed with Securities Exchange Act of 1934 and Dated: February 15, 1968. the Commission for approval pursuant Rule 12f-l thereunder, for unlisted trad­ to section 15 of the Shipping Act, 1916, ing privileges in the common stocks of T h om as L i s i , as amended (39 Stat. 733, 75 Stat. 763, Secretary. the f ollowing companies, which securities 46 U.S.C. 814). are listed and registered on one or more [F.R. Doc. 68-2089; Piled, Feb. 19, 1968; Interested parties may inspect and ob­ other national securities exchanges: '8:48 a.m.] tain a copy of the agreement at the F i l e N o . Washington office of the Federal Mari­ Allied Products Corp. (Delaware)----- 7-2841 RUMANIA/UNITED STATES ATLANTIC time Commission, 1321 H Street NW., Flintkote Go______7-2842 Room 609; or may inspect agreements at Harsco Corp______— ------7-2843 RATE AGREEMENT the office of the District Managers, New Holiday Inns Of America, Inc______7-2844 Notice of Agreement Filed for York, N.Y., New Orleans, La., and San Indian Head, Inc______7-2845 National General Corp______7-2846 Approval Francisco, Calif. Comments with refer­ ence to an agreement including a request Southern Natural Gas Co______7-2847 Notice is hereby given that the follow­ for hearing, if desired, may be submitted Sty Ion Corp______7-2848 Time Inc______i______— 7-2849 ing agreement has been filed with the to the Secretary, Federal Maritime Com­ Unexcelled Inc______7-2850 Commission for approval pursuant to mission, Washington, D.C. 20573, within section 15 of the Shipping Act, 1916, as 20 days after publication of this notice Upon receipt of a request, on or before amended (39 Stat. 733, 75 Stat. 763, 46 in the F ederal R eg iste r . A copy of .any February '29, 1968, from any.interested U.S.C. '814). such statement should also be forwarded person, the Commission will determine Interested parties may inspect and ob­ to the party filing the agreement (as in­ whether the application with respect to tain a copy of the agreement at the dicated hereinafter) and the comments any of the companies named shall be Washington office of the Federal Mari­ should indicate that this has been done. set down for hearing. Any such request time Commission, 1321 H Street NW., Notice of agreement filed for approval should state briefly the title of the secu­ Room 609 ; or may inspect agreements at by: rity In which he is Interested, the nature the offices of the District Managers, New Mr. Richard J. Gage, Chairman, North At­ of the interest of -the person making the York, N.Y., New Orleans, La., and San lantic United Kingdom, Freight Confer­ request, and the position he preposes to Francisco, Calif. Comments with refer­ ence, 17 Battery Place, New York, N.Y. take at the hearing, if ordered. In addi- ence to an agreement including a request 10004. tion, any interested person may submit for hearing, if desired, may be submitted Agreement No. '7100-5, between the his views or any additional facts -bear­ to the Secretary, Federal Maritime Com­ members of the North Atlantic United ing on any o f the said applications by mission, Washington, D.C. 20573, within Kingdom Freight Conference, modifies 20 days after publication of this notice means of a letter addressed to the Sec­ the basic agreement (Article XIII) to retary, Securities and Exchange Com­ in the F ederal R eg ister. A. copy of any provide that a quorum at any meeting such statement should also be forwarded shall consist of a majority of the mem­ mission, Washington 25, DU., not later to the party filing the agreement (as bership entitled to vote, and . amends than the date specified. If no one requests indicated hereinafter) and the com­ Article XVII thereof to provide that if a hearing with respect to any particular ments should indicate that this has been the two Arbitrators named fail to agree application, such application will be done. upon an umpire Within 10 days of their determined by order of the Commission Notice of agreement filed for approval appointment the American Arbitration on the bams o f the facts stated therein by: Association shall be requested to name and other information contained in the Mr. S. De Santis, Secretary, Rumania/United an umpire and the person so named shall States Atlantic Rate Agreement, c/o Hel­ be appointed. official files of the Commission pertaining lenic Lines, Ltd., 39 Broadway, New York, thereto. Dated: February 14,1968. N.Y. 10006. For the Commission (pursuant to dele­ Agreement No. 9577-1, .between the By order of the Federal Maritime gated authority) . member lines of the Rumania/United Commission. [seal] O rval L. DUBois, States Atlantic Rate Agreement, modi­ T h o m a s L i s i , Secretary. fies Article 1 of the basic agreement to Secretary. permit the taking of final action by tele­ JF.R. Doc. 68-2091; Filed, Feb. 19, 1968; [F.R. Doc. 68-2061; Filed, Feb. 19, 19681 phonic polls of the membership or their 8:48 a.m.] B:46 -a.m.1

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 NOTICES 3197

[811-1255] a statement as to the nature of his in­ ment. It owns and has developed the Ala CHANNING INTERNATIONAL terest, the reasons for such request, and Moana Shopping Center in Honolulu. the issues of fact or law proposed to be L & C since its organization in 1901 GROWTH FUND, INC. controverted or he may request that he was engaged in the building supply busi­ Notice of Filing of Application for Or­ be notified if the Commission should or­ ness under the name of Lewers & Cooke, der Declaring That Company Has der a hearing thereon. Any such com­ Ltd. In May, 1965, it exchanged the stock munication should be addressed: Secre­ of its four operating subsidiaries for the Ceased To Be an Investment tary, Securities and Exchange Commis­ stock of United States Plywood Corp. Company sion, Washington, D.C. 20549. A copy of (now U.S. Plywood-Champion Papers, F ebruary 14, 1968. such request shall be served personally Inc.), and in January 1966, registered un­ Notice is hereby given that Channing or by mail (airmail if the person being der the Act. The assets of L & C now International Growth Fund, Inc. (“Ap­ served is located more than 500 miles consist o f: (i) 14.7 acres of land (“Piikoi plicant” ), 85 Broad Street, New York, from the point of mailing) upon Appli­ property” ) located adjacent to Dilling­ N.Y. 10004, a Maryland corporation cant at the address stated above. Proof of ham’s Ala Moana Shopping Center; (ii) registered as a management open-end such service (by affidavit or in case of an option, which its Board of Directors diversified investment company under an attorney at law by certificate) shall has decided to exercise, to purchase the Investment Compnay Act of 1940 be filed contemporaneously with the re­ 110,000 square feet of land (the “Park­ (“Act” ), has filed an application and quest. At any time after said date, as way parcel” ) adjacent to the Piikoi prop­ amendments pursuant to section 8(f) of provided by Rule 0-5 of the rules and erty for $2,200,000; (iii) common stock the Act for an order of the Commission regulations promulgated under the Act, of U.S. Plywood-Champion Papers, Inc., declaring that Applicant has ceased to an order disposing of the application with a market value as of January 29, be an investment company as defined in herein may be issued by the Commission 1967, of $2,555,009; and (iv) $7,858,100 the Act. All interested persons are re­ upon the basis of the information stated in cash and cash equivalents which will ferred to the application and amend­ in said application, unless an order for be reduced to $5,658,100 upon the exer­ ments on file with the Commission for a hearing thereon shall be issued upon re­ cise of the option to acquire the Parkway statement of Applicant’s representations, quest or upon the Commission’s own mo­ parcel. As a result of Dillingham’s own­ which are summarized below. tion. Persons who request a hearing or ership of 9.6 percent of the stock of Applicant represents that on Au­ advice as to whether a hearing is ordered, L & C, Applicants are affiliated persons gust 30,1966, its assets (less a reserve for will receive notice of further develop­ within the meaning of section 2(a) (3) of liabilities) were exchanged for shares of ments in this matter, including the date the Act. Channing.Growth Fund, a class of voting of the hearing (if ordered) and any post­ B ackground stock of Channing Shares, Inc., pursuant ponements thereof. to a plan approved by the stockholders of In 1965 L & • C engaged John Carl Applicant at a special meeting held on For the Commission (pursuant to dele­ Wamecke & Associates, architects and August 22, 1966. Applicant further rep­ gated authority). planning consultants, and Marshall & Stevens, Inc., appraisers and valuation resents that on October 3, 1966, it filed [seal] O rval L. D uBois, articles of dissolution with the appropri­ Secretary. consultants, to prepare a development ate authorities of the State of Maryland study, make an independent market [F.R. Doc. 68-2062; Filed, Feb. 19, 1968; analysis and feasibility studies of various and, subsequently, Applicant has been 8:46 a.m.] liquidated and dissolved. possible uses of its Piikoi property. L & C Applicant states that on October 31, determined not to develop the Piikoi 1967, after distributions were made in [812-2244] property independently in view of the accordance with the transfer of Appli­ risks inherent in such a course and the cant’s assets, Chanstat Services, Inc. L & C, LTD., AND DILLINGHAM CORP. importance of assured income to many (“Chanstat”), former dividend-disburs­ of its shareholders. L & C pursued ne­ Notice of Filing of Application for Or­ gotiations for a merger into a larger, ing agent for Applicant, held 491.009 der Exempting Proposed Transaction shares and $1,421.66 consisting of un­ more diversified company with approxi­ claimed dividend checks, -for the account F ebruary 14, 1968. mately 50 such companies. Such discus­ of 34 shareholders who had not yet been Notice is hereby given that L & C, Ltd. sions produced several firm offers. How­ located, and $158.02 as due dividends for (“L & C” ) 404 Piikoi Street, Honolulu, ever, the best offer received would have 10 former shareholders who no longer Hawaii, a Hawaii corporation registered resulted in a taxable exchange at an own any shares. Applicant further states under the Investment Company Act of equivalent of approximately $37 per that the shares are registered in the 1940 (“Act”) as a closed-end, non- share. In order to meet this competition, respective names of such persons on the diversified investment company, and Dillingham submitted successive offers stock record book of Channing Shares, Dillingham Corp. (“Dillingham” ) 1441 which it increased to outbid the others. Inc., and that the dividends due are held Kapiolani Boulevard, Honolulu, Hawaii, T he Proposed T ransaction in an account with Michigan National a Hawaii corporation (collectively, the Bank by Chanstat as agent. Chanstat Subject to shareholder approval of Ap­ “Applicants” ) have filed an application plicants’ agreement of merger, L & C will ■will hold the shares and money for the pursuant to section 17(b) of the Act applicable statutory periods making pe­ be merged with and into Dillingham. requesting an order of the Commission Shareholders of L & C will receive one riodic attempts to seek out the persons exempting from the provisions of sec­ entitled to them after which the re­ share of Dillingham common stock and tion 17(a) of the Act a proposed merger one share of a newly created Dillingham mainder will be turned over to the of Applicants. Applicants have further appropriate State authorities. cumulative convertible preferred stock requested that confidential treatment bearing interest at an annual rate of $2 Section 8(f) of the Act provides, in pursuant to section 45(a) of the Act be Pertinent part, that whenever the Com­ for two shares of L & C. Each share of the afforded to material contained in cer­ Dillingham convertible cumulative pre­ mission upon application finds that a tain independent appraisals. All inter­ registered investment company has ferred stock will be convertible into nine- ested persons are referred to the applica­ tenths of a share of Dillingham common cf3ed to be an investment company, it tion on file with the Commission for a snail so declare by order and upon the stock. statement of the representations there­ The market price of Dillingham com­ axing effect of such order the registra- in, which are summarized below. mon stock on the Pacific Coast Stock Ex­ uon of such company shall cease to be in effect. T he Parties change ranged from a low of $35.37 dur­ ing the fourth quarter of 1967 to a high Notice is further given that any in- Dillingham is principally engaged in of $44.50 during January 1968; its clos­ i!d„ person may, not later than construction, engineering, and dredging ing price on February 2, 1968, was $43. ®» 1968, at 5:30 p.m., submit to operations, marine transportation, ship­ The application states that it is reason­ e commission in writing a request for building and repair, and real estate able to assume, based upon analyses re­ earing on the matter accompanied by ownership, development, and manage­ ceived from investment banking firms by

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3198 NOTICES both Dillingham and L & C, that the Dil­ ment and reports filed under the Act and wise than on a national securities ex­ lingham convertible cumulative pre­ with the general purposes of the Act. change is required in the public interest ferred stock which the L & C shareholders Further, it states that Dillingham will and for the protection of investors; will receive will have a market value on a acquire substantial cash and choice land It is ordered, Pursuant to section par with the Dillingham common stock. ideally located in terms of access and 15 (c) (5) of the Securities Exchange Act As of September 30, 1967, L & C de­ orientation to Waikiki, downtown Hono­ of 1934, that trading in such securities termined that its net asset value per lulu, Ala Moana Park, and its beach. It Otherwise than on a national securities share was $30.58, assuming a $6,700,000 indicates that the acquisition of this exchange be summarily suspended, this valuation of the Piikoi property. Ap­ property will enable Dillingham both to order to be effective for the period Feb­ praisals submitted to L & C which assupie protect its interest in the Ala Moana ruary 15, 1968, through February 24, highest, best, and most. profitable use Shopping Center and to acquire property 1968, both -dates inclusive. with potential for a variety of develop­ were $8 million, $8,400,000 and $9 mil­ By the Commission. lion. The firm which submitted the $9 ment projects. million appraisal has stated that upon Notice is further given that any inter­ [•seal] O rval L. DuB ois, • the exercise of the option on the Parkway ested persons may, not later than March Secretary. parcel its estimate would be increased 5, 1968, at 5 p.m., submit to the Com­ [F.R. Doc. 68-2064; Filed, Feb. 19, 1968; to $9,734,000. If this valuation had been mission in writing a request for a hearing 8:46 am.] used for the Piikoi property, L & C’s net on the matter accompanied by a state­ asset value per share would have been ment as to the nature of his interest, the $35.13 on September 30,1967. reason for such request and the issues of ]Ffle No. 7-2840] fact or law proposed to be controverted, NORTH AMERICAN ROCKWELL Commission Jurisdiction •or he may request that he be notified if Section 17(a) of the Act, as here per­ the Commission shall order a hearing CORP. tinent, prohibits an affiliated person of a thereon. Any such communication should Notice of Application for Unlisted registered investment company from be addressed: Secretary, Securities and Trading Privileges and of Oppor­ selling to or purchasing from such regis­ Exchange Commission, Washington, D.C. tered company any securities or other 2.0549. A copy of such request shall be tunity for Hearing property. However, the Commission, upon served personally or by mail (airmail if F ebruary 14, 1968. application pursuant to section 17(b), the person being served is located more In the matter of application of the may grant an exemption from the provi­ than 500 miles from the point-of mailing) Pittsburgh Stock Exchange for unlisted sions of section 17(a) after finding that upon Applicants at the addresses stated trading privileges in a certain security. the terms of the proposed transaction, above. Proof of such service (by affidavit The above-named national “securities including the consideration to be paid or or in case of an attorney at law by exchange has filed an application with received, are reasonable and fair and do certificate) shall be filed contempo­ the Securities and Exchange Commission not involve overreaching on the part of raneously with the request. At any time pursuant to section 12(f) XI) (B) of the any person concerned and that the pro­ after said date, as provided by Rule 0-5 Securities Exchange Act of 1934 and Rule posed transaction is consistent with the of the rules and regulations promulgated 12Î-1 thereunder, for unlisted trading policy of such investment company and under the Act, an order disposing of the privileges in the preferred stock of the with the general purposes Of the Act. application herein may be issued by the following company, which, security is The application states that certain in­ Commission upon the basis of the infor­ listed and registered on one or more dependent appraisals set forth detailed mation stated in said application, unless other national securities exchange: proposals for the development of the Pii­ an order for hearing upon said applica­ koi proporty which would, if made pub­ tion shall be issued upon request or upon North American Rockwell Corp., $4.75 Con­ the Commission’s own motion. Persons vertible Preferred Series “A”, File No. lic, be of great value to competitors. Sec­ 7-2840. tion 45(a) of the Act, as here pertinent; who request a hearing, or advice as to Provides, That the Commission upon ap­ whether a hearing is ordered, will receive Upon receipt of a request, on or before plication may grant confidential treat­ notice of further developments in this February 29, 1968, from any interested ment to information contained in an ap­ matter, including the date of the hearing person, the Commission will determine plication filed with the Commission upon (if ordered) and any postponements whether the application shall be set down a finding that public disclosure is neither thereof. for hearing. Any such request should necessary nor appropriate in the public For the Commission (pursuant to dele­ state briefly the „nature of the interest of interest or for the protection of investors. gated authority). the person making the request and the position he proposes to take at the hear­ S upporting S tatements [seal] Orval L. D uB ois, ing, if ordered. In addition, any inter­ Applicants submit that the terms of Secretary. ested person may submit his views or any the proposed transaction including the '[F.R. Doc. 68-2063; Filed, Feb. 19, 1968; additional facts bearing on the said consideration to be paid are fair and rea­ 8:45 am .] application by means of a letter ad­ sonable and that there has been no over­ dressed to the Secretary, Securities and reaching on the part of any person con­ Exchange Commission, Washington 25, cerned. The application states that Dil­ NORTH AMERICAN RESEARCH & D.C., not later than the date specified. lingham and I j & C conducted arms DEVELOPMENT CORP. If no one requests a hearing, this appli- length negotiations after L & C, or its -cation will be determined by order of the agents, held merger discussions with ap­ Order Suspending Trading Commission on the basis of the facte proximately 50 unaffiliated companies F ebruary 14,1968. stated therein and other information and that the terms offered to L & C by It appearing to the Securities and Ex­ contained jn the official files of the Com­ Dillingham better previous offers. It also mission pertaining thereto. states that the L & C stockholders will change Commission that the summary participate in a tax free exchange, will suspension of trading in the common For the Commission (pursuant to dele­ receive an increased dividend and will be stock of North American Research & De­ gated authority). able to share in a growing Hawaii-based velopment Corp., 1935 South Main Street, [ seal] O rval L. DuBois, company. It indicates that this transac­ Salt Lake City, Utah and all other Secretary. tion is consistent with the policy of securities of North American Research & IF.R. Doc. 68-2065; Filed, Feb. 19, 196® L & C as recited in its registration state­ Development Corp. being traded other­ 8:46 a m .]

FEDERAL REGISTER, V O L 33, NO. 35— TUESDAY, FEBRUARY 20, 1963 NOTICES 3199

Docket No. Price Pres­ FEDERAL POWER COMMISSION and Applicant Purchaser, field, and location per Mcf sure [Docket Nos. G-2723 etc.] date filed base HOLLY OIL CO. G-2723____ Holly Oil Co. (successor to Holly Mountain Fuel Supply Co- South 0 15.025 E 1-22-68 Development Co.) Post Office Baxter Field, Sweetwater County, Notice of Applications for Certificates, Bos 1781, Colorado Springs, Colo. Wyo. Abandonment of Service and Peti­ 80901. G-4589______G. P. Brown, Post Office Box 652, Southwest Gas Producing Co.. In&, 0 tions To Amend Certificates 1 B 4-19-67 1 Shreveport, La. 71102. Monroe Field, Monroe Parish, La. G-7461...... Alert Oil & Gas Co., Inc., agent JEentucky-West Virginia Gas Co., 16.0 15.325 F ebruary 9,1968. E 10-2-67 as for Shelby Creek Development acreage in Pike County, Ky. supplemented Program (successor to Waldo M. Take notice that each of the Applicants 1-9-68 Hatch, agent for Shelby Creek Development Program) Pikeville, listed herein has filed an application or Ky. 41501. petition pursuant to section 7 of the G-7462...... Alert Oil & Gas Co., Inc., agent -do. 16.0 15.325 Natural Gas Act for authorization to E 10-2-67 as for Elswick Development Pro­ supplemented gram (successor to Waldo M. sell natural gas in interstate commerce 1-9-68 Hatch, agent for Elswick Devel­ or to abandon service heretofore author­ opment Program). G-7463...... Alert Oil & Gas Co., Inc., agent United Fuel Gas Co., acreage in 19.0 15.325 ized as described herein, all as more fully E 10-2-67 as for Damron Fork Development Pike County, Ky. described in the respective applications supplemented Program (successor to Waldo M. 1-9-68 Hatch, agent for Damron Fork and amendments which are on file with Development Program). the Commission and open to public G-13299...... Sinclair Oil & Gas Co. (Operator) Michigan Wisconsin Pipe Line Co., (**) inspection. D 1-30-68 et al., Post Office Box 521, Tulsa, Láveme Field, Beaver County, Okla. 74102. Okla. Protests or petitions to intervene may G-14548___ American Petrofina Co. of Texas, El Paso Natural Gas Co., Blanco 12.0 15.025 be filed with the Federal Power Com­ C 1-31-68 c/o Walker W. Smith,' attorney, Pictured Cliffs Field, Rio Arriba Post Office Box 2159, Dallas, Tex. and San Juan Counties, N. Mex. mission, Washington, D.C. 20426, in ac­ 7522L cordance with the rules of practice and CI60-392__ Mobil Oil Corp., Post Office Box Tennessee Gas Pipeline Co- a Di­ Depleted procedure (18 CFR 1.8 or 1.10) on or D 1-29-68 2444, Houston, Tex. 77001. vision of Tenneco, Inc- North­ west Chalkley Field, Calcasieu before March 4,1968. Parish, La. Take further notice that, pursuant to CI61-579-. Henry Grace Production Co. (Oper­ Transwestem Pipeline Co., Kiowa 17.0 14.65 E 1-22-6 ator) et' al. (successor to Irvin Creek Field, Lipscomb County, the authority contained in and subject to Producing Co.) ,813 City National the jurisdiction conferred upon the Fed­ Bldg- Wichita Falls, Tex. 76301. eral Power Commission by sections 7 and C161-1396.__ Arkla Exploration Co., et al., Post Texas Eastern Transmission. Corp., Depleted D 12-8-67 Office Box 1734, Shreveport, La. North Choudrant Field, Lincoln 15 of the Natural Gas Act and the Com­ 71102 (partial abandonment). Parish, La. mission’s rules of practice and procedure, CI62-550. Southdown Burmah Oil Co. (suc­ United Gas Pipe Line Co., Holly­ 19.25 15.025 E 1-22- cessor to Southdown, Inc.) 1430, wood Field, Terrebonne Parish, a hearing will be held without further Saratoga Bldg., New Orleans, La. La. notice before the Commission on all ap­ 70112. CI62-551...... ---- do______-do. 2L25 15.025 plications in which ho protest or petition E 1-22-68 to intervene is filed within the time re­ C163-304___ General American Oil Co. of Texas Tennessee Gas Pipeline Co., a di­ »■> 18.0 14.65 quired herein if the Commission on its E 11-27-67 (Operator) et al. (successor to B. vision of Tenneco, Inc., North­ C. Garnett (Operator) et aL), east Loma Novia Field, Duval own review of the matter believes that Meadows Bldg- Dallas, Tex. County, Tex. a grant of the certificates or the author­ 75206. CI63-1399__ H. L. Hawkins & H. L. Hawkins, Texas Gas Transmission Corp., '20.5 15.025 ization for the proposed abandonment is 10-30-67 as Jr., Suite 2703, 225 Baronne St., Lawson Field, Acadia Parish, La. required by the public convenience and amended New Orleans, La. 70112. necessity. Where a protest or petition 2-2-681 CI65-1159__ Tenneco Oil Co. et al., Post Office El Paso Natural Gas Co., San Juan 13.0 15.025 for leave to intervene is timely filed, or C 1-25-68 Box 2511, Houston, Tex. 77001. Basin, San Juan and Rio Arriba Where the Commission on its own mo­ CI66-686...... Thomas H. Harriirçjton et al. (suc­ Counties, N. Mex. » 10.0 15.025 E 1-10-68 cessor to T. F. Harrington et al.), El Paso Natural Gas Co., Pictured f 12.0 tion believes that a formal hearing is Post Office Box 4026, Station A, Cliffs and Mesa Verde Fields, Rio required, further notice of such hearing Albuquerque, N. Mex. 87106. Arriba County, N. Mex. will be duly given: Provided, however, CI67-728_____ Alert Oil & Gas Co., Inc., agent for United Fuel Gas Co., acreage in 16.0 15.325 E 10-2-67 as Elswick Development Program Pike County, Ky. That pursuant to 18 CFR 2.56 as amend­ supplemented (successor to Waldo M. Hatch, ed, all permanent certificates of public 1-9-68 agent for Elswick Development convenience and necessity granting ap­ Program). CI67-733...... Alert OU & Gas Co., Inc., agent for -do. 16.0 15.325 plications, filed after July 1, 1967, with­ E 10-2-67 as Elswick Development Program out further notice, will contain a condi­ supplemented (successor to Waldo M. Hatch, 1-9-68 agent for Elswick Development tion precluding any filing of an increased Program et al.). rate at a price in excess of that desig­ CI67-1617...... W. B. Osborn, Jr. (Operator) et al., Panhandle Eastern 'Pipe Line Co., »17.0 14.65 C 1-22-68 Post Office Box 6767, San Antonio, acreage in Woods County, Okla. nated for the particular area of produc­ Tex. 78209. tion for the period prescribed therein un- CI68-882__ Saul A. Yager, et al., 902 Enter­ El Paso Natural Gas Co., acreage 13.0 15.025 Jess at the time of filing of protests or A 1-18-68 prise Bldg., Tulsa, Okla. 74103. in San Juan County, N. Mex. CI68-892__ Pan American Petroleum Carp- Trunkline Gas Co., Block 161, 21.26 15.025 Petitions to intervene the Applicant indi- A 1-18-68 Post Office Box 591, Tulsa, Okla. South Timbalier Area, Offshore, cates in writing that it is unwilling to ac- 74102. La. CI68-910__ Cities Service OU Co., Cities Serv­ Panhandle Eastern Pipe Line Co., 16.0 14.65 ept such a condition. In the event Ap- A 1-25-68 ice Bldg., Bartlesville, Okla. acreage in Morton County, Kans. *s tw illing to accept such condi- 74003. CI68-911__ May Petroleum, Inc., et al., 1435 Northern Natural Gas Co., Folliet *17.0 14.65 on the application will be set for formal A 1-25-68 Republic National Bank Bldg., Field, Lipscomb County, Tex. nearing'. Dallas, Tex. 75201. Under the procedure herein provided CI68-912__ Texaco, Inc., Post Office Box 52332, Natural Gas Pipeline Co. of Amer­ »17.0 14 65 A 1-25-68 Houston, Tex. 77052. ica, West Lorena Field, Texas n™LUnless otherwise advised, it will be County, Okla. unnecessary for Applicants to appear or CI68-913__ Homer Queen, Post Office Box 506, Cumberland & Allegheny Gas Co., 24.519 15.325 A 1-26-68 Buckhannon, W. Va. 26281. Buckhannon District, Upshur represented at the hearing. County, W. Va. G ordon M . G rant, Filing code: A—Initial service. B—Abandonment. - Secretary. C—Amendment to add acreage. D—Amendment to delete acreage. E—Succession. notice does not provide for con- F—Partial succession. c * * for hearing of the several matters eu herein, nor should It be so construed. See footnotes at end of table.

FEDERAL REGISTER, V O L 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3200 NOTICES [Docket No. CP68-127] Docket No. Price Pres­ and Applicant Purchaser, field, and location per Mcf sure KANSAS-NEBRASKA NATURAL date filed base GAS CO., INC.

GI68-914__ Union Producing Co., Post Office Tennessee Gas Pipeline Co., a 20.0 15.025 Findings and Order After Statutory A 1-26-68 Box 1407, Shreveport, La. 71102. division of Tenneco, Inc., South­ Hearing Issuing Certificate of Pub­ west Lake'Arthur Field, Cameron Parish, La. lic Convenience and Necessity 0168-916. .. Basin Operating Co. (Operator) et United Gas Pipe Line Co„ Joaquin Depleted B 1-26-68 al., 206 Cooperative S & L Bldg., Field, Shelby County, Tex. F ebruary 13, 1968. Tyler, Tex. 75701. CI68-917__ Highland Oil Co., c/o J. L. Bianchi, Michigan Wisconsin Pipe Line Co., 21.25 15.025 On October 12, 1967, Kansas-Nebras- A 1-29-68 Attorney, 1201 San Jacinto Bldg., Ship Shoal Area, Offshore La. ka Natural Gas Co., Inc. (Applicant) filed Houston, Tex. 77002. C168-918... Hill Production Co. (successor to Almos Gas Gathering Co., South­ Depleted in Docket No. CP68-127, as supplemented B 1-29-68 Hill and Wagner (Operator) et al.), west Yougeen Field, Bee County, on January 15, 1968, an application pur­ 1910 Vaughn Bldg., Dallas, Tex. Tex. suant to section 7 (c) of the Natural Gas 75201. CI68-919__ Pan American Petroleum Corp__ El Paso Natural Gas Co., Basin 13.0 15.025 Act for a certificate of public convenience A 1-29-68 Dakota Field, San Juan County, and necessity authorizing the construc­ N. Mex. CI68-920__ Union Oil Co. of California, Union Transcontinental Gas Pipe Line 20.5 15.025 tion and operation of certain natural gas A 1-29-68 Oil Center, Los Angeles, Calif. Corp., East Cameron Block 89 facilities and an increase from 6 million 90017. Field, East Cameron Area, Gulf of Mexico. Mcf to 8 million Mcf in the working gas CI68-921___ Texaco Inc...... - Texas Eastern Transmission Corp., 16.0 14.65 volume of the Huntsman Storage A 1-29-68 Dallas Husky East 9,200' Field, Field,1 all as more fully set forth in the Goliad County, Tex. CI68-922___ R. P. Brandenburg, 5900 South Cities Service Gas Co., North New 13.0 14.65 application, as supplemented, in this A 1-29-68 Blackwelder, Oklahoma City, Castle Field, McClain County, proceeding. Okla. 73119. Okla. C168-926.... Frio-Tex & Gas Co. (successor to Northern Natural Gas Co., Ozona 16.0 14.65 Specifically, Applicant proposes to con­ (CI65-453) Atlantic Richfield Co.), Alamo Area, Crockett County, Tex. struct and operate approximately 26.4 F 1-19-68 National Bldg., San Antonio, miles of 16-inch pipeline replacing a like Tex. 78205. CI68-927___ Frederick Eugene Turner (successor El Paso Natural Gas Co., San Juan 10.08 15.025 amount of 12-inch line between Scotts- (G-10713) to Mercantile National Bank at Basin, San Juan County, N. Mex. bluff and Northport, Nebr. This is part of F 1 -2 2 -6 8 Dallas, Trustee) 5640 Fairdale Lane, Houston, Tex. 77027. a 40.35-mile line extending from Mitchell CI68-928___ Hunt Industries, 1401 Elm St., Michigan Wisconsin Pipe Line Co., 21.25 15.025 to Northport, Nebr., which line Applicant A 1-29-68 Dallas, Tex. 75202. ■ Ship Shoal Area, Offshore, La. operates under a leasing arrangement. CI68-929___ Hunt Oil C o ...... do...... A...... 21.25 15.025 A 1-29-68 Applicant states that this replacement is CI68-931__ Lone Star Producing Co. (Operator) Panhandle Eastern Pipe Line Co., *17.0 14.65 necessary because of the deterioration of A 1-29-68 et al., 301 South Harwood St., acreage in Woods County, Okla. Dallas, Tex. 75201. the pipe, and that this increase in diam­ CI68-932...... May Petroleum, Inc ...... Northern Natural Gas Co., Mocane * 17.0 14.65 eter will increase system capacity east of A 1-30-68 Field, Beaver County, Okla. . CI68-934.__..- W. B. McCarter, Jr. et al., 706 South­ United Gas Pipe Line Co., Bayou 21.25 15.025 Casper, Wyo., thus permitting the taking A 1-30-68 west Tower, Houston, Tex. 77002. Portugese Field, Lafourche Par­ of gas purchase contract minimums dur­ ish, La. ing periods of low market demands in the CI68-935...... San Juan Exploration Co., 1810 Texas Eastern Transmission Corp., 15.0 14.65 A 1-31-68 Fidelity Umon Tower, Dallas, Whelan Field, Harrison County, Wyoming area for injection into Hunts­ Tex 75201 Tex. man Storage Field. CI68-936__ — Placid Oil Co., 2500 First National Michigan Wisconsin Pipe Line Co., 21.25 15.025 A 1-31-68 Bank Bldg., Dallas, Tex. 75202. Ship Shoal Area, Offshore, La. The total estimated cost of the pro­ CI68-937...... Quaker State Oil Refining Corp., United Fuel Gas Co., Grant Dis­ 23.0 15.325 posed facilities is $960,000, which cost will A 1-31-68 Box 337, Bradford, Pa. 16701. trict, Wayne County, W. Va. be financed from current working capital CI68-938...... May Petroleum, Inc., et al...... Cities Service Gas Co., Waynoka »14.0 14.65 A 1-31-68 Area ¡Woods County, Okla. and interim bank loans, if thé latter are CI68-939 ...... Rupert Cox et al., c/o The Alamo Texas Eastern Transmission Corp., Depleted necessary. B 1-29-68 National Bank of San Antonio, Angel City Field, Goliad County, Independent Executor, Estate of Tex. Applicant states that, among other Rupert Cox, deceased, San An­ things, the increase to 8 million Mcf in tonio, Tex. 78206. CI68-940... T. C. Huddle, c/o John H. Dahlgren, Texas Eastern Transmission Corp., Depleted the working gas volume of Huntsman B 1-31-68 attorney, Milam Bldg., San An­ Meyersville Field, De Witt ana Storage Field will (1) enable Applicant tonio, Tex. 78205. Goliad Counties, Tex. to fulfill the contractual minimum gas CI68-941__ J. Ray McDermott & Co., Inc., and Michigan Wisconsin Pipe Line Co., 21.25 15.025 A 1-31-68 Offshore Operators, Inc., c/o Jose­ Ship Shoal Area, Offshore, La. purchase obligations from its Wyoming phine Gilliam, 14th Floor, Hous­ sources during periods of low market ton Club Bldg., Houston, Tex. 77002. demands, (2) provide greater assurance CI68-942..__ . Mokeen Oil Co., Operator, 920 Wil­ Tennessee Gas Pipeline Co., a divi­ 16.0 14.65 of continuous service to the markets both A 1-31-68 son Tower, Corpus Christi, Tex. sion of Tenneco, Inc., West San 78401. Roman Field, Starr County, Tex. east and west of the Huntsman Storage CI68-943...... Skelly Oil Co. (successor to Phillips El Paso Natural Gas Co., acreage in 10.0 14.65 Field and (3) place a greater volume of (G-8342) Petroleum Co.) Post Office Box Lea County, N. Mex. gas closer to the major market areas, F 1-31-68 1650, Tulsa, Okla. 74102. CI68-944...... Edwin L. Cox, Operator, 3800 First Transcontinental Gas Pipe Line 20.625 15.025 thus improving the system flexibility as A 2-1-68 National Bank Bldg., Dallas, Tex. Corp., Midland Field, Acadia Par­ the increased gas volume will be avail­ 75202. ish, La. CI68-945 Exchange Oil & Gas Co., 1200 Oil & Michigan Wisconsin Pipe Line Co., 21.25 15.025 able more quickly to meet abrupt A 2-1-68...... Gas Bldg., New Orleans, La. 70112. South Lake Sand Field, St. Mary, changes in market requirements result­ and Iberia Parishes, La. ing from sudden changes in weather. On November 17, 1967, Applicant was 1 Production from South Participating Areas “ A” and “ B” —Dakota Sand—8 cents per Mcf; production from issued a temporary certificate author­ South Participating Area “ A” —Frontier Sand—11 cents per Mcf. s Original application in Docket No. G-4589 sought certificate of public convenience and necessity. No permanent izing the construction and operation oi certificate was ever issued. Letter filed Apr. 19,1967, advising the Commission that the producing properties covered by subject application had been assigned to Buyer is construed as an application to abandon service. the replacement pipeline. , *» Deletes acreage farmed out to Petroleum, Inc. After due notice by publication in tne 8k Rate currently being collected subject to refund in Docket No. RI65-584. Federal Register on October 25, l®o« 4 Amendment to certificate to reflect change in field name from Midland Field to Lawson Field; * Rate in effect subject to refund in Docket No. RI68-197. (32 F.R. 14795), no petition to intervene, * For gas from Pictured Cliff Field. i For gas from Mesa Verde Field. Includes 1-eent per Mcf minimum guarantee for liquids. 1 By Commission order issued July 19, * Subject to upward and downward B.t.u. adjustment. » Includes Ji-cent per Mcf dehydration charge. in Docket No. CP63-340, as amended, ^ working gas volume of the Huntsman Sto a*® [F.R. Doc. 68-1989; Filed, Feb. 19, 1968; 8:45 a.m.] Field was limited to 6 million Mcf.

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 NOTICES 3201

notice of intervention or protest to the tion, as provided by paragraph (b) of state Commerce Commission, 315 Post granting of the application has been § 157.20 of the Commission’s regulations Office Building, Lincoln, Nebr. 68508. filed. under the Natural Gas Act, within 1 year No. MC 69224 (Sub-No. 38 TA), filed At a hearing held on February 9, 1968, from the date on which this order issues. February 9, 1968. Applicant: H & W the Commission on its own motion re­ (D) Applicant shall submit to the MOTOR EXPRESS COMPANY, 3000 ceived and made a part of the record in Commission semiannual reports similar this proceeding all evidence, including Elm Street, Post Office Box 837, Dubuque, to those required by the order of July Iowa, 52001. Applicant’s representa­ the application, supplement and exhibits, 19, 1963, in Docket No. CP63-340, until tive: Cyril H. Wissel (same address as submitted in support of the authoriza­ such time as the full 8 million Mcf of gas above). Authority sought to operate as a tions sought herein, and upon considera­ have been injected into the Huntsman tion of the record, common carrier, by motor vehicle, over Storage Field and the efficiency of such regular routes, transporting: General The Commission finds : storage volume is demonstrated. (1) Applicant, Kansas-Nebraska Nat­ commodities, between Cedar Rapids and ural Gas Co., Inc., a Kansas corporation By the Commission. Davenport, Iowa, and Ely, Bennett, Dixon, Donahue, Downey, Long Grove, having its principal place of business in seal ordon rant [ ] G M. G , Maysville, Plain View, New Liberty, Phillipsburg, Kans., is a “natural-gas Secretary. company” within the meaning of the Rochester, Springdale, and West Branch, [F.R. Doc. 68-2056; Filed, Feb. 19, 1968; Iowa, from Cedar Rapids over Iowa Natural Gas Act, as heretofore found by 8:45 a.m.] the Commission in its order of April 6, Highway 382, thence Iowa Highway 1 to 1943, in Docket No. G-259 <3 FPC 966). Iowa City turnoff, east on unnumbered (2) The facilities hereinbefore de­ highway to West Branch, Long Grove, scribed, as more fully described in the and Rochester, thence over Iowa High­ application in this proceeding, are to be way 38 to Tipton, thence over Iowa High­ used in the transportation of natural gas way 150 to Bennett, New Liberty, and Maysville, unnumbered highway to Don­ in interstate commerce, subject to the [Notice 549] jurisdiction of the Commisison, and the ahue and thence back to Iowa Highway construction and operation thereof by 150 into Davenport, for 180 days. Note: MOTOR CARRIER TEMPORARY Applicant intends to tack the authority Applicant are subject to the require­ AUTHORITY APPLICATIONS ments of subsections (c) and (e) of sec­ sought herein with its existing authority tion 7 of the Natural Gas Act. F ebruary 14,1968. under MC 69224 and Sub 35 and Sub (3) Applicant is able and willing prop­ The following are notices of filing of 37. Supporting shipper: Chester W. erly to do the acts and to perform the applications for temporary authority un­ Good, Chairman, Motor and Rail Rate services proposed and to conform to the der section 210a (a) of the Interstate and Tariff Committee, Iowa Industrial provisions of the Natural Gas Act and Commerce Act provided for under the Traffic League, 800 High Street, Des the requirements, rules and regulations new rules of Ex Parte No. MC 67 (49 CFR Moines, Iowa 50307. Send protests to:. of the Commission thereunder. Part 340) published in the F ederal R eg­ Chas. C. Biggers, District Supervisor, (4) The proposed construction and ister, issue of April 27, 1965, effective Interstate Commerce Commission, Bu­ operation of the subject facilities and July 1, 1965. These rules provide that reau of Operations, 332 Federal Building, the proposed increase in the working gas protests to the granting of an application Davenport, Iowa 52801. volume of the Huntsman Storage Field must be filed with the field official named No. MC 109891 (Sub-No. 10 T A ), filed are required by the public convenience in the F ederal R egister publication, February 9, 1968. Applicant: INFINGER imd necessity and- a certificate therefor within 15 calendar days after the date of TRANSPORTATION COMPANY, INC., should be issued as hereinafter ordered notice of the filing of the application is Post Office Box 7398, Charleston Heights, and conditioned. published in the F ederal R egister. One S.C. 29405. Applicant’s representative: (5) Public convenience and necessity copy of such protest must be served on William Addams, Room 527,1776 Peach­ require that the certificate issued here­ the applicant, or its authorized represen­ tree Street NW„ Atlanta, Ga. 30309. Au­ inafter and tiie rights granted there­ tative, if any, and the protests must cer­ thority sought to operate as a common under be conditioned upon Applicant’s tify that such service has been made. carrier, by motor vehicle, over irregular compliance with all applicable Commis­ The protests must be specific as to the routes, transporting: Residual fuel oil, ion regulations under the Natural Gas service which such protestant can and from Charleston and Spartanburg, S.C., Act and particularly the general terms will offer, and must consist of a signed to points in Tennessee, for 150 days. Sup­ and conditions set forth in paragraphs original and six copies. porting shipper: Hess Oil & Chemical .“ • » I -, < ;)«>. <«>, <«), «> , and A copy of the application is on file, and Corp., State Street, Perth Amboy, N.J. J 157.20 of such regulations. can be examined at the Office of the Sec­ 08862. Send protests to: Arthur B. Aber­ 1 ne Commission orders : retary, Interstate Commerce Commis­ crombie, District Supervisor, Bureau of ^ certificate of public convenience sion, Washington, D.C., and also in the Operations, Interstate Commerce Com­ a necessity is issued authorizing Ap­ field office to which protests are to be mission, Room 601A, 901 Sumter Street, plicant, Kansas-Nebraska Natural Gas transmitted. Federal Building, Columbia, S.C. 29201. .c.°nstruct and operate the No. MC 112750 (Sub-No. 255 T A ), filed M otor Carriers of Property February 9,1968. Applicant: AMERICAN m nu^Se<» ^hdlities and to increase to 8 No. MC 409 (Sub-No. 35 TA), filed Feb­ C O U R I E R CORPORATION, 222-17 storncra Mcf the maximum working gas Northern Boulevard, De Bevoise Build­ v°lume m Huntsman Storage ruary 9, 1968. Applicant: O. E. POUL- 2 as hereinbefore described, all as SON, INC., Post Office Box 295, Elm ing, Bayside, N.Y. 11361. Applicant’s representative: J. Kevin Murphy (same a. ( « , cals International, Inc., 201 Davidson Montgomery, Pike, Putnam, Ralls, Ran­ (r,.s-n,0f ^ 157,20 °f such regulations, Building, Sioux City, Iowa 51101. Send dolph, St. Charles, St. Louis, Schuyler, consfcrnptorf facilities authorized shall be protests to: District Supervisor Max H. ted and placed in actual opera­ Scotland, Shelby, Sullivan, and Warren Johnston, Bureau of Operations, Inter­ Counties, Mo., on the one hand, and, on

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3202 NOTICES the other Quincy, 111., and that part of for 150 days. Supporting shipper: Terra Box 4109, Davenport, Iowa 52808. Ap­ the St. Louis commercial zone located in Chemicals International, Inc., 201 David­ plicant’s representative: Charles L. Illinois; between Adair, Audrain, Boone, son Building, Sioux City, Iowa 51101. Burke, Jr. (same address as above). Au­ Callaway, Chariton, Clark, Cole, Howard, Send protests to: District Supervisor thority sought to operate as a contract Knox, Lewis, Lincoln, Linn, Macon, Max H. Johnston, Bureau of Operations, carrier, by motor vehicle, over irregular Marion, Monroe, Montgomery, Pike, Interstate Commerce Commission, 315 routes, transporting: Sulphate of alu­ Putnam, Ralls, Randolph, St. Charles, Post Office Building, Lincoln, Nebr. 68508. mina, dry, in bulk, in hopper vehicles, St. Louis, Schuyler, Scotland, Shelby, No. MC 123048 (Sub-No. 122 TA ), filed from Joliet, 111., to Metropolitan Utili­ Sullivan, and Warren Counties, Mo., on February 9, 1968. Applicant: DIAMOND ties, Platte River Plant, Sarpy County, the one hand, and, on the other, that TRANSPORTATION SYSTEM, INC., Nebr., for 180 days. Supporting shipper: part of the St. Louis commercial zone 1919 Hamilton Avenue, 53403, Post Office American Cyanamid Co., Wayne, N.J. located in Missouri, over routes in Illi­ Box A, Racine, Wis. 53401. Applicant’s 07470. Send protests to: Chas. C. nois for operating convenience only, for representative: C. Ernest Carter (same Biggers, District Supervisor, Interstate 180 days. Supporting shipper: The Citi­ address as above). Authority sought to Commerce Commission, Bureau of Oper­ zens National Bank of Decatur, 236 operate as a common carrier, by motor ations, 332 Federal Building, Davenport, North Water St., Decatur, 111. 62525. Send vehicle, over irregular routes, transport­ Iowa 52801. protests to: E. N. Carignan District Su­ ing: Farm machinery, agricultural im­ No. MC 128791 (Sub-No. 3 TA), filed pervisor, Interstate Commerce Commis­ plements, trailers, trailer and truck February 9, 1968. Applicant: L&S BOAT sion, Bureau of Operations, 346 Broad­ bodies, log skidders, and attachments TRANSPORTATION COMPANY, INC., way, New York, N.Y. 10013. when moving therewith, from Minden, 3356 53d Avenue North, St. Petersburg, Fla. 33714. Applicant’s representative: No. MC 114236 (Sub-No. 2 TA), filed La., to points in- Texas, Oklahoma, Arkansas, Mississippi, Alabama, Georgia, Kenneth R. Davis, 1106 Dartmouth February 9, 1968. Applicant: JOHN A. Street, Scranton, Pa. Authority sought SHAUGHNESSY, 576 Carman Avenue, Tennessee, Kentucky, Missouri, Illinois, Indiana, Ohio, Michigan, Iowa, Wiscon­ to operate as a common carrier, by Westbury, N.Y. 11590. Applicant’s repre­ motor vehicle, over irregular routes, sentative: Morton E. Kiel, 140 Cedar sin, Minnesota, Kansas, Florida, North Carolina, South Carolina, Virginia, and transporting: Boats and boat parts and Street, New York, N.Y. 10006. Authority supplies and equipment moving there­ sought to operate as a contract carrier, Pennsylvania, for 180 days. Supporting shipper: Dunham Manufacturing Co., with, from points in Atlantic, Burling­ by motor vehicle, over irregular routes, ton, and Monmouth Counties, N.J., to transporting: Steel studding, sheet metal Division of Anderson-Dunham, Inc., Post Office Box 430, Minden, La. (Louie Mor­ points in Maine, Massachusetts, Con­ \building products, steel corner beads, necticut, New .York, New Jersey, Penn­ ceiling and floor runners, fasteners, gan, Assistant Sales Manager and Dis­ tribution Manager). Send protests to: sylvania, Delaware, Maryland, Virginia, cutting machines, and jacks for the ac­ North Carolina, South Carolina, Georgia, count of Marino Industries Corp. of District Supervisor Lyle D. Heifer, Inter­ state Commerce Commission, Bureau of Alabama, Mississippi, Ohio, Michigan, Westbury, N.Y., from Westbury, N.Y., to Illinois, Louisiana, Florida, Texas, Ore­ points in New Hampshire, Vermont, Operations, 135 West Wells Street, gon, Washington, and California, for 180 Massachusetts, Rhode Island, Connecti­ Room 807, Milwaukee, Wis. 53203. days. Supporting shipper: The Luhrs cut, New Jersey, New York (via New Jer­ No. MC 127187 (Sub-No. 5 TA), filed Co., Post Office Box 62, Morgan (South sey) , Pennsylvania, Maryland, Delaware, February 9, 1968. Applicant: FLOYD Amboy), N.J. 08879. Send protests to: and the District of Columbia. Returned DUENOW, 215 East Cherry, Fergus Falls, District Supervisor Joseph B. Teirchert, shipments in the opposite direction, for Minn. 56537. Applicant’s representative: Interstate Commerce Commission, Bu­ 180 days. Supporting shipper: Marino Gene P. Johnson, 502 First National Bank reau of Operations, Room 1226, 51 Industries Corp., Montrose Road, West­ Building, Fargo, N. Dak. 58102. Authority Southwest First Avenue, Miami, Fla. bury, N.Y. 11590. Send protests to: E. N. sought to operate as a common carrier, 33130. Carignan, District Supervisor, Interstate by motor vehicle, over irregular routes, No. MC 129684 (Sub-No. 1 TA), filed Commerce Commission, B u r e a u of transporting: Tankage, meat scraps, February 9,1968. Applicant: RAY GINN, Operations, 346 Broadway, New York, blood meal, and bone meal, from West JR., doing business as COX MOVING N.Y. 10013. Fargo, N. Dak., to points in Iowa and & STORAGE, 304 West Hefferman, Bee- No. MC 119226 (Sub-No. 67 TA), filed Minnesota, for 180 days. Supporting ville, Tex. 78102. Applicant’s representa­ February 9, 1968. Applicant: LIQUID shipper: Wellens & Co., Inc., 6950 France tive: Mert Starnes, The 904 Lavaca TRANSPORT CORP., 3901 Madison Ave­ Avenue South, Minneapolis, Minn. 55435. Building, Austin, Tex. 78701. Authority nue, Indianapolis, Ind. 46227. Authority Send protests to: J. H. Ambs, District sought to operate as a common carrier, sought to operate as a common carrier, Supervisor, Interstate Commerce Com­ by motor vehicle, over irregular routes, by motor vehicle, over irregular routes, mission, Bureau of Operations, 1621 transporting: Household goods, as de­ transporting: Vegetable oil, in bulk, in South University Drive, Room 213, Fargo, fined by the Commission, restricted to tank vehicles, from Columbus, Ohio, to N. Dak. 58102. shipments having a prior or subsequent Kansas City, Kans., for 180 days. Sup­ No. MC 127994 (Sub-No. 2 TA), filed movement beyond Texas in specially de­ porting shipper: Capital City Products February 9, 1968. Applicant: JOHN signed containers, and further restricted Co., Division of Stokely-Van Camp, Inc., HANLEY, 54 Kuhn Drive, Saddle Brook, to pickup and delivery service incidental Post Office Box 569, Columbus, Ohio N.J. 07662. Applicant’s representative: to and in connection with packing, crat­ 43216. Send protests to: District Super­ Morton E. Kiel, 140 Cedar Street, New ing, and containerization or unpacking, visor, Interstate Commerce Commission, York, N.Y. 10006. Authority sought to uncrating, and decontainerization of Bureau of Operations, 802 Century Build­ operate as a contract carrier, by motor such shipments, between Beeville, Tex., ing, 36 South Pennsylvania Street, Indi­ vehicle, over irregular routes, transport­ on the one hand, and, on the other, anapolis, Ind. 46204. ing: Air cap plastic cushioning material, points in Bee, Goliad, Kames, Live Oak, No. MC 119400 (Sub-No. 4 TA), filed from Hawthorne, N.J., to points in Mary­ San Patricio, and Refugio Counties, February 9, 1968. Applicant: TOM land, Virginia, Connecticut, Massachu­ Tex., for 150 days. Supporting shipper-, SIMANEK, doing business as SIMANEK setts, Rhode Island, New Jersey, New Lieutenant R. A. Reese, S.C., U.S.N., OIL TRANSPORT, 150 West Seventh York, and Pennsylvania, for the account Contracting Officer, Building 10, Naval Street, Wahoo, Nebr. 68066. Applicant’s of Sealed Air Corp. of 179 Goffle Road, Air Station, Corpus Christi, Tex. 7841». representative: Nelson Harding, Box Hawthorne, N.J. 07506, for 180 days. Sup­ Send protests to: Richard H. Dawkins 2028, Lincoln, Nebr. 68501. Authority porting shipper: Sealed Air Corp., 179 District Supervisor, Interstate Com­ sought to operate as a common carrier, Goffle Road, Hawthorne, N.J. 07506. Send merce Commission, Bureau of op­ by motor vehicle, over irregular routes, protests to: District Supervisor Joel erations, 206 Manion Building, faa transporting: Chemicals and fertilizers, Morrows, Bureau of Operations, Inter­ Antonio, Tex. 78205. in bulk, from the storage facilities of state Commerce Commission, 970 Broad By the Commission. Terra Chemicals International, Inc., at Street, Newark, N.J. 07102. [ seal] H.* N e il G arson, or near Lincoln, Nebr: (Air Park West), No. MC 128141 (Sub-No. 2 TA), filed Secretary. to points -in Colorado, Iowa, Kansas, February 9, 1968. Applicant: TRI­ [F.R. Doc. 68-2083; Filed, Feb. 19. 1968*’ Missouri, South Dakota, and Wyoming, STATE TRANSPORT, INC., Post Office 8:47 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 NOTICES 3203

[Notice 550] Georgia Highway 1 to junction Georgia ways, and return over the same route, Highway 55 through Cusseta, Ga., thence m o to r c a r r ie r t e m p o r a r y serving all intermediate points, (13) be­ over Georgia Highway 55 to junction tween Moultrie, Ga., and the U.S. Gov­ AUTHORITY APPLICATIONS Georgia Highway 50 through Dawson, ernment Facility known as Sunset Air­ F ebruary 15,1968. Ga., thence over Georgia Highway 50 to port located near Georgia Highway 35, The following are notices of filing of junction Georgia Highway 1, thence over over all available highways, and return applications for temporary authority un­ Georgia Highway 1 to junction Georgia over the same route, serving all inter­ der section 210a(a) of the Interstate Highway 38 through Bainbridge, Ga., mediate points, (14) between junction Commerce Act provided for under the thence over Georgia Highway 38 to Way- Georgia Highways 62 and 91 and Blakely, new rules of Ex Parte No. MC 67 (49 CFR cross, and return over the same route, Ga., over Georgia Highway 62, serving serving no intermediate points between Part 340) published in the Federal R eg­ all intermediate points, and the off-route ister, issue of April 27, 1965, effective Atlanta and Columbus, Ga., otherwise point of Edison, Ga., (15) between junc­ July 1, 1965. These rules provide that serving all intermediate points includ­ tion Georgia Highways 62 and 91 and protests to the granting of an applica­ ing Columbus, Cusseta, Dawson, Cuth- Colquitt, Ga., over Georgia Highway 91, tion must be filed with the field official bert, Colquitt, Bainbridge, Cairo, Thom- serving all intermediate points and the named in the Federal R egister publica­ asville, Quitman, Valdosta, and Homer - off-route point of Damascus, Ga., over tion, within 15 calendar days after the ville, Ga., and with the right to operate Georgia Highway 45 between Arlington date of notice of the filing of the applica­ between Valdosta and Moody Field, Ga., and Colquitt, Ga., and over Georgia tion is published in the Federal R egister. as an off-route point over Georgia High­ Highway 200 between Newton and One copy of such protest must be served way 125 and unumbeped highways; also Blakely, Ga., (16) between Macon and on the applicant, or its authorized repre­ with the right to serve Shellman, Ga., as McRae, Ga.; from Macon over Georgia sentative, if any, and the protests must an off-route point over Georgia High­ Highway 11 to junction Georgia Highway certify that such service has been made. way 41, (5) between Thomasville and 247, thence over Georgia Highway 247 to The protests must be specific as to the Dawson, Ga.; from Thomasville over junction Georgia Highway 11, thence service which such protestant can and over Georgia Highway 35 to junction over Georgia Highway 11 to junction will offer, and must consist of a signed Georgia Highway 33 through Moultrie, Georgia Highway 27, thence over Geor­ original and six copies. Ga., thence over Georgia Highway 33 to gia Highway 27 to McRae, and return junction Georgia Highway 50 through A copy of the application is on file, over the same route, serving all inter­ Sylvester, Ga., thence over Georgia High­ mediate points, (17) between Quitman and can be examined at the Office of the way 50 through Albany, Ga., to Dawson, Secretary, Interstate Commerce Com­ and Bainbridge, Ga.; from Quitman over and return over the same route serving Georgia Highway 33 to junction Georgia mission, Washington, D.C., and also in all intermediate points, (6) between At­ the field office to which protests are to be Highway 37, thence over Georgia High­ transmitted. lanta and Albany, Ga., over Georgia way 37 to junction Georgia Highway 97, Highway 3, serving all intermediate thence over Georgia Highway 97 to Bain­ Motor Carriers of Property points. bridge, and return over the same route, No. MC 504 (Sub-No. 92 TA) (Clarifi (7) Between Atlanta and the Army serving all intermediate points, and the cation), filed December 18, 1967, pub Depot located at or near Conley, Ga.; off-route points of Sale City and Pel­ from Atlanta over Georgia Highway 42 lished Federal R egister, issue o ham, Ga. December 28, 1967, and republished a to junction Georgia Highway 54, thence over Georgia Highway 54 to the Army (18) Between Albany and Moultrie, corrected this issue. Applicant: HARPEI Ga., over Georgia Highway 133, serving MOTOR LINES, INC., 213 Long Avenue Depot located at or near Conley, Ga., without the privilege of handling traffic all intermediate points, including Post Office Box 781, Elberton, Ga. 30635 Doerun, Ga., with the right to op­ Applicant’s representative: Guy H. Pos originating at Atlanta through inter­ change or otherwise and destined to the erate between Doerun and junction tell, 1273 West Peachtree Street NE. Georgia Highways 270 and 33, over Geor­ Atlanta, Ga. 30309. Authority sought t< Army Depot located at or near Conley with final destination Atlanta or for gia Highway 270 (19) between Valdosta, operate as a common carrier, by moto: Ga., and the Georgia-Florida State line, vehicle, over regular routes, transporting interchange at Atlanta, (8) between Albany and Fort Gaines, Ga., from over Georgia Highway 31, serving all in­ General commodities (except those o: Albany over Georgia Highway 91 to junc­ termediate points, and the off-route unusual value, classes A and B explosives point of the paper mill located near Val­ household goods as defined by the Com­ tion Georgia Highway 37 through New­ ton, Ga., thence over Georgia Highway 37 dosta, (20) between Thomasville and mission, commodities in bulk and thos< Quitman, Ga.; (a) from Thomasville requiring special equipment), (1) be­ to Fort Gaines, and return over the same route, serving all intermediate points, over Georgia Highway 122 to junction tween Blackshear and Baxley, Ga., ovei unnumbered county highway, thence Georgia Highways 121 and 15, serving al (9) between Albany and Thomasville, Ga., over Georgia Highway 3, serving all over unnumbered county highway to ^rmediate points, (2) between Macor Quitman, serving all intermediate points, na Eastman, Ga.; from Macon ovei intermediate points, - (10) between Macon and Eastman, Ga.; from Macon (b) between junction Georgia Highway eorgia Highway 11 to junction Georgia 122 and unnumbered highway located highway 26, thence over Georgia High­ over Georgia Highway 19 to junction Georgia Highway 87, thence over Geor­ east of Thomasville, Ga., and junction way 26 to junction Georgia Highway 87 Georgia Highways 122 and 33, over Geor­ tnence over Georgia Highway 87 to East- gia Highway 87 to Eastman, and return over the same route, serving all inter­ gia Highway 122, serving all intermediate an> and return over the same route points, and (c) between Barwick, Ga., rvmg all intermediate points including mediate points, (11) between Harris and Columbus, Ga.; from Harris over Georgia and junction Georgia Highways 133 and r„e^ry’ Clinchfield, Hawkinsville, Coch- 35 located south of Moultrie, Ga., over ran, Empire, Dubois, and Greston, Ga. Highway 41 to junction Georgia Highway 85W, thence over Georgia Highway 85W Georgia Highway 133, serving all inter­ fm wWeen Macon and Americus, Ga.; to junction Georgia Highway 85, thence mediate points, (21) between Waycross, W t-Macon over B orgia Highway 11 tc over Georgia Highway 85 to Columbus Ga., and the Georgia-Florida State line, nvoi-r?n G.eorgia Highway 49, thence through Warm Springs and Waverly over Georgia Highway 4 (U.S. Highways Ann Georgla Highway 49 to Americus, Hall, and return over the same route, 1 and 23), serving all intermediate all i *?turn over the same route, serving points, (22) between Atlanta, Ga., and ail intermediate points. ' serving all intermediate points with closed doors at Harris, Ga., except for junction Georgia Highways 85 and 85W (ra^f?e^Wfxi1 Atlanta and Waycross, points between Harris and Columbus, (Alternate U.S. Highway 27), over Geor­ wav i T ? * Atlanta, over Georgia High- and without the right to pickup or deliver gia Highway 85, serving no intermediate thrauaVMv ’,unction Georgia Highway 41 at Warm Springs, Ga., except for traffic points, (23) between Newton and Ca­ ££ wh,? ewnan’ Ga- thence over Geor- to or from points south of Warm Springs. milla, Ga., over Georgia Highway 37, HihwavhiRytH41 t0 ixmction Georgia (12) Between Moultrie, Ga., and the serving all intermediate points. wav i»aSL18-’ th?Pce over Georgia High- tJ.S. Government facility known as Haw­ (24) Between Waycross and Sylvester, thr™ * J e tto n Georgia Highway 1 thorne Flying School, located near Geor­ Ga., over Georgia Highway 50 (U.S. « “ «Ugh Columbus. G a. thence over gia Highway 33, over all available high­ Highway 82), serving all intermediate

No. 35- FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3204 NOTICES points, except with closed doors at Tifton, in connection with applicant’s presently exits which connect directly with appli­ Ga., for freight moving to, from, or held authorized regular route authority, cant’s other presently held authorized through Valdosta, Macon, or Atlanta, without the right to deliver or to regular route authority, (38) between and with closed doors at Tifton for originate or to interchange freight at Rhine and Vidalia, Ga., over Georgia freight to or from Albany, (25) (a) be­ Atlanta. Highway 30, serving no intermediate tween Atlanta and Waycross, Ga.; from (31) Between Atlanta, Ga. and the points, as an alternate route for operat­ Atlanta over Georgia Highway 42 to Georgia-South Carolina State line over ing convenience only, with entrance and junction Georgia Highway 19, thence Georgia Highway 403 (Interstate High­ exit to and from Georgia Highway 30 over Georgia Highway 19 to junction way 85), serving no intermediate points, restricted to those entrances and exits Georgia Highway 87, thence over as an alternate route for operating con­ which connect directly with applicant’s Georgia Highway 87 to junction Georgia venience only, with entrance and exit to other presently held authorized regular Highway 27, thence over Georgia High­ and from Interstate Highway 85, re­ route authority. way 27 to junction Georgia Highway 19, stricted to those entrances and exits (39) Between Lyons and Savannah, thence over Georgia Highway 19 to junc­ which connect directly with applicant’s Ga.; from Lyons over Georgia Highway tion Georgia Highway 4 (U.S. Highway other presently held authorized regular 292, to Bell ville, Ga., thence over Georgia 23), thence over Georgia Highway 4 to route authority, (32) between Atlanta, Highway 30 to junction Geòrgia Highway Waycross and return over the same Ga., and the Georgia-Florida State line, 26, thence over Georgia Highway 26 to routes, also (b) between Hazlehurst, Ga., over Interstate Highway 75, serving no Savannah, and return over the same and junction Georgia Highways 19 and 4; intermediate points, as an alternate route, serving no intermediate points, as from Hazlehurst over Georgia Highway route for operating convenience only; an alternate route for operating con­ 27 (U.S. Highway 341), to junction with entrance and exit to and from venience only ; with entrance and exit to Georgia Highway 4 (U.S. Highway 1), Interstate Highway 75 restricted to those and from Georgia Highways 292, 26, and thence over Georgia Highway 4 to junc­ entrances and exits which connect di­ 30 restricted to those entrances and exits tion Georgia Highway 19, and return rectly with applicant’s other presently which connect directly with applicant’s over the same route, as an alternate held authorized authority, (33) between other presently held authorized regular route; serving no intermediate points Fort Valley and Columbus, Ga.; from route authority, and (40) between Tifton except Hazlehurst and except Macon, Fort Valley over Georgia Highway 96 to and Moultrie, Ga.; as an alternate route Ga., for traffic from or passing through Geneva, Ga., thence over Georgia High­ for operating convenience only; with en­ Atlanta, and also with the right to serv­ way 22 to Columbus, and return over the trance and exit to and from Georgia ice Percale, Ga., between junction same route, serving no intermediate Highway 35 restricted to those entrances Georgia Highway 87 and 18 and Percale, points, as an alternate route for op­ and exits which connect directly with over Georgia Highway 18, serving the erating convenience only, with entrance applicant’s other presently held author­ intermediate point of Percale, in (25). and exit to and from Georgia Highways ized regular-route authority, for 180 (a) and (b) above, (26) between Griffin 96 and 22, restricted to those entrances days. N ote: The purpose of this republi­ and Forsyth, Ga.; from Griffin over and exits which connect directly with ap­ cation is to clarify the authority re­ Georgia Highway 7 through Bamesville, plicant’s other presently held author­ quested. Supporting shippers: There are Ga., to junction Georgia Highway 18, ized regular route authority, (34) be­ approximately 30 statements of support thence over Georgia Highway 18 to tween Macon and Savannah, Ga., over attached to the application, which may Forsyth, and return over the same route, Interstate Highway 16, serving no inter­ be examined here at the Interstate Com­ serving no intermediate points, for pur­ mediate points, as an alternate route for merce Commission in Washington, D.C., poses of joinder only. operating convenience only, with en­ or copies thereof which may be examined (27) Between Bamesville and East­ trance and exit to and from Interstate at the field office named below. Note: man, Ga.; from Bamesville over Georgia Highway 16 restricted to those entrances Applicant states it will tack the authority Highway 7 to junction Georgia Highway and exits which connect directly with ap­ here applied for to other authority held 11, thence over Georgia Highway 11 to plicant’s other presently held authorized by it, at authorized points in Georgia. junction Georgia Highway 27 (U.S. High­ authority. Send protests to: William L. Scroggs, way 341), thence over Georgia Highway (35) Between Ellaville, Ga., and junc­ District Supervisor, Interstate Commerce 27 to Eastman, and return over the same tion Georgia Highways 26 and 1 (UJ3. Commission, Bureau of Operations, route, serving Bamesville and Eastman Highways 27 and 280), over Georgia Room 309, 1252 West Peachtree Street for purposes of joinder only, with the Highway 26, serving no intermediate NW., Atlanta, Ga. 30309. right to serve Percale, Ga., between junc­ points, as an alternate route for operat­ By the Commission. tion Georgia Highways 87 and 18 and ing convenience only, with entrance and [seal] H. Neil Garson, Percale over Georgia Highway 18, with exit to and from Georgia Highways 26 Secretary. open doors at Percale, (28) between Val­ and 1 (U.S. ’ Highways 27 and 280) re­ dosta, Ga., and junction Georgia High­ stricted to those entrances and exits [F.R. Doc. 68-2084; Filed, Feb. 19, 1908' ways 33 and 122; from Valdosta over which connect directly with applicant’s 8:47 a.m.] Georgia Highway 94 to junction Georgia other presently held authorized author­ Highway 76, thence over Georgia High­ ity, (36) between Macon and Thomaston, [Notice 92] way 76 to junction Georgia Highway 122, Ga., over Georgia Highway 74, serving no thence over Georgia Highway 122 to intermediate points, as an alternate MOTOR CARRIER TRANSFER junction Georgia Highway 33 and return route for operating convenience only, PROCEEDINGS with entrance and exist to and from over the same route, serving all inter­ F ebruary 15, 1968- mediate points also between Marven and Georgia Highway 74 restricted to those junction Georgia Highways 94 and 33 entrances and exits which connect di­ Synopses of orders entered pursuant over extension Georgia Highway 94, and rectly with applicant’s other presently to section 212(b) of the Interstate Co return over the same route, serving all held authorized regular route authority, merce Act, and rules and _x intermediate points, (29) between At­ (37) between Americus and Rochelle, prescribed thereunder (49 CFR “ lanta and Tucker, Ga., over all available Ga.; from Americus over Georgia High­ 279), appear below: highways serving points within 1 mile way 27 to junction Georgia Highway 30 As provided in the Commissions spe thereof as off-route points, and without (U.S. Highway 28), thence over Georgia cial rules of practice any interested P the right to deliver or to originate or Highway 30 to Rochelle, and return over son may file a petition seeking rec to interchange freight at Atlanta, (30)' the same route, serving no intermediate sidération of the following serving between Atlanta, Ga., and the points, as an alternate route for operat­ proceedings within 20 days fr(>m the , Tucker-Stone Mountain District and ing convenience only, with entrance and of publication of this notice. P01®, Stone Mountain Industrial Park, over exit to and from Georgia Highways 27 to section 17(8) of the Interstate con all available highways as off-route points, and 30 restricted to those entrances and merce Act, the filing of such a pet

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 NOTICES 3205

will postpone the effective date of the Lincoln, Nebr. 68501, attorney for Commission relating to the Organization order in that proceeding pending its dis­ applicants. of Division and Boards' and Assignment position. The matters relied upon by pe­ of Work, issue of July 27, 1965, as titioners must be specified in their peti­ [seal] H. Neil G arson, Secretary. amended (30 F.R. 11189, 12559, and tions with particularity. 13302; 31 F.R. 242, 4762, 9529, 12693, No. MC-FC-70249. By order of Febru­ [F.R. Doc. 68-2085; Filed, Feb. 19, 1968; 13099, and 14025; and 32 F.R. 431, 7105, ary 9,1968, the Transfer Board approved 8:48 a.m.] 8000, 8J84, 10127, and 14627), be further the transfer to Edgar E. Crome, doing amended as follows: business as Crome Truck Line, Bremen, ORGANIZATION MINUTES 1. Paragraph (a) of Item 4.2 is Kans. 66412, of the operating rights amended to read as follows : in certificate No. MC-19745 issued Organization of Division and Boards 4.2 Division One. Operating Rights March 28, 1941, to Harry Allerheilegen, and Assignment of Work Division. Hanover, Kans., authorizing the trans­ (a) Section 5 (2) to (13), so far as re­ portation of livestock, feed, binder twine, At a general session of the Interstate lated to authorizing continuance of con-» bale ties, agricultural implements, and Commerce Commission, held at its office trol, within the principle of the Hannon parts, fencing material, and emigrant in Washington, D.C., on the 13th day of and Schwerman cases, 39 M.C.C. 620, 80 movables, over irregular routes, between February 1968. M.C.C. 382, upon institution of newly au­ Hanover, Kans., and points and places Section 17 of the Interstate Commerce thorized operations except matters as­ within 12 miles of Hanover, on the one Act, as amended (49 U.S.C. 17), and signed to and determined by a review hand, and, on the other, St. Joseph, Mo. other provisions of law being under con­ board pursuant to Items 7.12(d) and No. MC-FC-70207. By order of Feb­ sideration with a view to the amendment 7.12(g). ruary 9, 1968, the Transfer Board ap­ of the assignment of work to Division 2. In Item 7.12, entitled Review Boards proved the transfer to Booth Transfer, One of matters under section 5 (2) to Nos. 1, 2, 3, 4, and 5, the following words Inc., Clarks, Nebr., of certificate of reg­ (13), so far as related to'authorizing are deleted from paragraphs (d) and istration in No. MC-121168 (Sub-No. 1), continuance of control, within the prin­ (g) : “ (except matters assigned in Item issued November 29, 1963, to Edward A. ciple of the Hannon and Schwerman 4.2(a) ) Booth, James W. Booth, and Donald E. cases, 39 M.C.C. 620, 80 M.C.C. 382, upon Booth, a partnership, doing business as institution of newly authorized opera­ By the Commission. Booth Transfer, Clarks, Nebr., author­ tions so as to permit determination of [ seal] - H. Neil G arson, izing the transportation of commodities such matters by Review Boards. Secretary. generally, between specified points in It is ordered, That the Organization [F.R. Doc. 68-2082; Filed, Feb. 19, 1968; Nebraska. Donald E. Leonard, Box 2028, Minutes of the Interstate Commerce 8:47 a.m.]

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

3 CFR Page 7 CFR Pase 7 CFR—Continued Pas0 Proclamations: 1106------2439 3814 (see EO 11394) _ _ 2429 51 ------2431, 2500, 2883 1126------2439 3824------2495 52 9500 9ft«9 3825 ------2623 1133------2757 3826 ______2755 319 9ft«« 1137------2503 3827------2RR1 1421------2564 3828------2929 401 9091 1601------3104 3829------2985 724 949« 94«« Proposed R ules: Executive Orders : 728------3045 52-— i ...... 2608 Jan. 26, 1867 (revoked in part 730------3052, 3053 160------3076 by PLO 4358)______3068 775------2757 729------2783 777------2707 906------— 2850 2528 (revoked in part by PLO 811------2436, 2884 4358)------3068 908------2569 857------jl______2593 2618 (revoked by PLO 4351) __ 2942 911...... 2524 891------2503 915...... 2524 5327 (revoked in part by PLO 907_------2437, 2708, 2987 4363)------3070 953______2524 5526 (see PLO 43581 2n«« 908------3167 966______2526 910— 2563, 2593, 2836, 2885, 3101, 3168 10713 (amended by EO 11395) 2561 980______2947 11010 (see EO 11395) 2s«i 912 ------2563, 2836, 3101 991------2712 913 ------2564, 2836, 3102 11263 (see EO 11395.) 2R«1 993______2638 917------2564 1001------2784,2785 11395-___ I------2561 945------2933 1002------2784, 2785 11396____ " 9««q 947------2503 1003------2784, 2785 11397------ta il 950------3102 1004------2784, 2785 971------2837 1005 ______2784-2786, 2894 5 CFR 987------2934 1006 ------2785 989------2988 1008 ------2784; 2785 1051------3103 1009 ...... 2784, 2785 ...... — ’ 2987 1062___ _ 2437 1011 ______„...... 2784, 2785 »» ------:::: ------l is i 1064______2438 1012 ______2785 J8}------2835 1073 9498 1013 ...... 2785 1094______24.38 1015 ______2784, 2785 1300~— — ::::::::::::::::: S 1103------2439 1016 ------2784, 2785

FEDERAL REGISTER, VOL. 33, NO. 35— TUESDAY, FEBRUARY 20, 1968 3206 FEDERAL REGISTER

7 CFR— Continued Page 10 CFR Page 18 CFR Page Proposed R ules— Continued 1______2691 1______2843,2993 1030 ______2784, 2785 Proposed R ules: 620------2632 1031 ______2784, 2785 25 _ 2792Proposed R u les: 1032 ______2784, 2785 26 ______2792 2______i------2860 1033 ______— 2784-278695______2792 1034 ______2784-2786 19 CFR 1035 ______— 2784-278612 CFR 1036 ______2784, 2785 1______- 2843 1______;__ 2764 16______2633 1038 ______2784, 2785 207—______2691 1039 ______2784, 2785 211______2885 20 CFR 1040 ______2784, 2785 215______2837, 3110 1041 ______2784, 2785 217______- ______3110 404 2710, 2711,3060 1043 ______2784, 2785 220 ______2695 405 ______2440 1044 ______2784, 2785 221 2702 1045 ______2784, 2785 222 ______2988, 3110 21 CFR 1046 ______2784-2786 262______;______2989 1047 ______2784, 2785 2 ______2594, 3111 545______2990 3 ______2934 1048 ______- 2784, 2785 555______2706 1049 ______I______2784-2786 8______2844 563______2707 17______2594 1050 _ 2784, 2785 654______2990 1051 ______2448, 2784, 2785 19_____ 2595 1060______2784, 2785Proposed R ules: 27 __ —______- _____— 2595,3111 1062 ______!______2042784,______2785 ——______2532 51______—______2597 1063 ______2784,2785 221—___ 2714 120— 2441, 2844, 2845, 29Î35, 3111, 3112 1064 ______2784, 2785 561______- ____ 2453 121______- ______— 2441, 1065 ______2784, 2785 2602, 2605, 2633, 2773, 2774, 2845, 1066 ______2784, 278514 CFR 3112. 1067 ______2784, 2785 21—______1______3054 144 __ ;__ ;______2633 1068 ______2784, 278539______- 2503, 145 _ 2634 1069 ______2784, 2785 2504, 2626, 2709, 2885, 2886, 2934, 146 ______2935 1070 ______2784, 2785 2990, 3168. 146a______2935 1071 __ 2784, 2785 71______2440, 148m______2635 1073-______2784, 2785 2504-2506, 2627-2630, 2764-2766, 148w______:______2634 166______2442, 2511, 2846 1075-______2784, 2785 2991, 3055, 3056, 3110. 1076______- ____ 2784, 2785 73— ______2440, 2506, 2991, 3056 Proposed R u les: 1078 ______2784, 2785 75______-______2506, 2766 1______2947,3139 1079______I______2784, 2785 91______2992 15______3139 1090____ :______2784, 2785 95______3168 27 ___ __ 2610 1094______2784, 278597______2507, 2594, 2767, 3057 28 ___ __ 3076 1096 ______2784, 2785121______2440 42______3139 1097 ______2784, 2785199— ______2773 120______2787 1098 ______2784, 2785 241______2710 128______2948 1099 ______2784, 2785 144______2451 Proposed R ules: 1101 ______2784, 2785 191______3076 1102 _ 2784, 2785 25______2712 1103 _____ 2784, 2785 39—______2531, 2639, 2712, 2855 22 CFR 1104 ____ L______2784, 2785 71______— ____ 2531, __ 2918 1106______2784, 2785 2639-2641, 2788-2791, 2856, 3008, 211 1108______2784, 2785 3009, 3077,3140. 1120______2784,2785 73______— ______—_____ 2791 23 CFR 1121 ______2784, 2785 75______— 2792, 2856, 3009, 3140 255 ______2442, 2945, 2993, 2994 1125______2784, 2785 77______2642 1126—______2784, 2785 121______3187 26 CFR 1127 _;______2784, 2785 153___ - ______3078 _ 2892 1128 ____ 2784, 2785 1129 ______2784, 2785 15 CFR Proposed R ules: 1130 ______2784, 2785 1______2997,3072 1131 ______— 2784, 2785 399„_— ——______——— _ 3053 3]__ H B l ! 3072 1132 ______2784, 2785 173 i 2517 1133— ______2448, 2784-2786 16 CFR T- _ 2517 1134______2784, 278513 ______2763, 2839-2842, 3170, 3171 1Q4 _____ 2517 1136 ______2784,2785 15______2887-2892, 3054, 3170 200 — ___ _— 2S>l7 1137 ______2784, 2785 Proposed R ules: 201 x Ì _____ 2517 1138 _ 2784, 2785 m i ------1202______2850 243—______3190 9 CFR 17 CFR 200______2631 27 CFR 76—______2625 240______- ______2510, 2993 2511 78______2625 5______97______2758 Proposed R ules: 101 ______3104 28 CFR 230______3142 2442 102 ______3106 240______2714, 3142 50______114______3109 249 ______2714 145______2759 29 CFR 147______- _____ 2759 250 _____ .______2642 3172 201______2760 274______2716 778_____ FEDERAL REGISTER 3207

30 CFR Page 41 CFR—Continued Page 46 CFR—Continued Page Proposed R ules: 1-16------3067 285 ------2944 12______2448 5A-1 ------2775 286 ------2944 9-1------3067 290------2944 31 CFR 9-7------2776 291------2944 9-53______2776 500______2893 292------2944 101-26-______2776 298 ------2944 32 CFR Proposed R ules: 299 ------2944 Ch. 60______3000 308------2944 236____ 2565 310_------2944 239______2565 355------2893, 2995 504______2443 43 CFR 375------2944 706...... 2846 Public Land O rders: 526------2945 888...... 2606 1375 (revoked in part by PLO Proposed R ules : 32A CFR 4359)____ 3069 Ch. n ______2531 ■ 1739 (revoked in part by PLO 504------2948 Ch. X: 4359)______3069 541------3081 01 Reg. 1__------3061 1874 (revoked in part by PLO 4359)______3069 47 CFR 33 CFR 2418 (revoked in part by PLO o______2445 no ______2446 4353)______2943 2______2940, 3119, 3176 117 2774,2775,2846, 3172 4305 (corrected by PLO 4360) _ 3069 21______3176 208 ------3063 4311 (revoked in part by PLO 73 ______2445 209 ______3063 4357)______3068 74 ______3176 400 ______2775 4327 (corrected by PLO 4365) _ 3070 87______2940 4350 _i ______2445 89______3120 4351 ______!-______2942 91______36 CFR 4352 ______2942 ______3122 311-...... 3064 4353 ______2943 93______3133 500------29 36 4354 __ 2943 95______3134 4355-:______2995 Proposed R ules: 37 CFR 4356 ______3068 0______— ;______2713 4357 ______3068 Proposed R ules: 2______3141 4358 ______3068 21______2610, 2857 1______4359 _ 3069 3______64______2452, 3142 4360 ______3069 73 ___ 2452, 3078, 3080, 3081 4361 ______3069 38 CFR 74 ______3188 4362 ______3069 87______3141 o_____ 4363 ______3070 97______l____ 4364 _ 3070 ______2713 3____ 4365 ______3070 49 CFR 6____ 4366 ______3070 8____ l ______2995 19____ 99______2820 45 CFR 239_____ 3071 85------2940 1001_____ 3135 39 CFR 301 ------2567 1041____ 2711 Ch. I__ 302 ______2567 1057____ 2847 158____ Proposed R ules: Proposed R ules: 171___ 85______2569 1048______2948, 3082 Proposed Rules: Ch. I___ 46 CFR 50 CFR 132___ 33_ 2847 28______3135, 3136, 3186 33______2711, 2945, 2995, 3136, 3137 41 CFR 94_. 2847 221 2943 60______3138 l-l.__ 222 2944 351------r______2777 281 2944 Proposed R ules: 1-12__ 282. 2944 230______2781

KNOW YOUR GOVERNMENT U.S. Ourernmemt Organization Manu

Presents essential information about Government agen* cies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United. States Government Organization Manual is the official guide to the functions of the Federal Govern•* m ent f A O O per copy* Paperbound, with charts ‘Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.