FEDERAL REGISTER VOLUME 35 • NUMBER 216 Thursday, November 5,1970 • Washington, D.C. Pages 17025-17102

Agencies in this issue— Agricultural Stabilization and Conservation Service Civil Aeronautics Board Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Hearings and Appeals Office Housing and Urban Development Department Interagency Textile Administrative Committee Interim Compliance Panel (Coal Mine Health and Safety) International Joint Commission- United States and Canada Interstate Commerce Commission Labor Department Land Management Bureau National Highway Safety Bureau National Park Service Post Office Department Public Health Service Securities and Exchange Commission Southwestern Power Administration Transportation Department Wage and Hour Division Detailed list of Contents appears inside. Current White House Releases

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AGRICULTURAL STABILIZATION FEDERAL COMMUNICATIONS FOOD AND DRUG AND CONSERVATION SERVICE COMMISSION ADMINISTRATION Rules and Regulations Rules and Regulations Notices Cotton, extra long staple,* acre­ Table of assignments; FM broad­ Drugs for human use; efficacy age allotments and marketing cast stations______17042 study implementations: quotas; correction______17029 Certain antifungal dermatologic Proposed Rule Making preparations______17069 AGRICULTURE DEPARTMENT Mephenytoin with phénobarbi­ International fixed public radio- tal ______17069 See Agricultural Stabilization and communication services------17057 Petitions regarding pesticide Conservation Service; Consumer Notices chemicals : and Marketing Service. Geigy Chemical Corp______17068 Common carrier services informa^ Witco Chemical Corp______17069 CIVIL AERONAUTICS BOARD tion; domestic public radio services applications accepted HEALTH, EDUCATION, AND Notices for filing______17071 Hearings, etc.: WELFARE DEPARTMENT International Air Transport As- FEDERAL POWER COMMISSION See Food and Drug Administra­ sociation ------17070 tion; Public Health Service. Trans World Airlines, Inc------17070 Rules and Regulations HEARINGS AND APPEALS CONSUMER AND MARKETING Appalachian Basin and Illinois Basin area rates; small pro­ OFFICE SERVICE ducer certificates of public con­ Notices Proposed Rule Making venience and necessity; correc­ tion ______17041 Black Diamond Coal Mining Co.; Milk in Central Illinois and South­ petition for modification of in­ ern Illinois marketing areas; Southern Louisiana: Increased rate filings.------_ 17040 terim mandatory safety stand­ partial decision______17046 ard ______17067 Olives grown in California; han­ Termination of moratorium provisions______— 17041 dling ______17046 HOUSING AND URBAN Proposed Rule Making CUSTOMS BUREAU DEVELOPMENT DEPARTMENT Limitation on provisions in Rules and Regulations natural gas rate schedules re­ Notices Vessels in foreign and domestic lating to minimum take pro­ Acting Director, Oklahoma City, trades; special tonnage tax and visions; correction______17061 Okla., area office and Acting Di­ light money; Ceylon______17042 rector, Tulsa, Okla., insuring Notices office; designations______17070 FEDERAL AVIATION Hearings, etc.: El Paso Natural Gas Co------17072 INTERAGENCY TEXTILE ADMINISTRATION Natural Gas Pipeline Company Rules and Regulations of America.______17073 ADMINISTRATIVE COMMITTEE Southern Natural Gas Co_____ 17073 Notices Airworthiness directives: Tennessee Gas Pipeline Co____ 17074 Boeing airplanes______17030 Texas Eastern Transmission Certain cotton textile products Cessna airplanes______17030 C o rp ______17075 produced or manufactured in Sensenich aircraft propellers__ 17030 Transwestem Pipeline Co------17073 Socialist Republic of Romania; Alterations: Wichita Resources, Inc., et al_. 17074 entry or withdrawal from ware­ Control area and reporting house for consumption______17077 point______17031 Control zones and transition FEDERAL RESERVE SYSTEM INTERIM COMPLIANCE PANEL areas (10 documents)_ 17031-17034 Rules and Regulations (COAL MINE HEALTH AND Federal airway segment______17032 Truth in lending; seller’s points Control zone and transition area; and discounts------.------17029 SAFETY) designation and alteration___17031 Domestic, flag, and supplemental Proposed Rule Making Proposed Rule Making air carriers and commercial op­ Truth in lending------17061 Permits for noncompliance with electric face equipment stand­ erators of large aircraft; leas­ Notices ing of aircraft by certificate ard; nongassy mines below holders______17037 Acquisition of bank stock by bank w atertable______17062 Operating and flight rules; opera­ holding companies: Notices tion of aircraft by crewmembers Colorado CNB Bankshares, Inc_ 17076 Shawmut Association, Inc— __ 17075 Brownies Creek Collieries, Inc., after consumption of alcoholic and Valley Camp Coal Co.; ap­ beverages______17036 Pan American Banshares, Inc.; application for approval of ac­ plications for renewal permits; Transition areas: opportunity for public hearing. _ 17077 Designation ______17035 quisition of shares of bank— 17076 Designation, alteration and revocation______17036 FISH AND WILDLIFE SERVICE INTERIOR DEPARTMENT Revocation (2 documents)'___ 17032 Rules and Regulations See Fish and Wildlife Service; r!sk insurance; increase in Hearings and Appeals Office; binding fees______17038 Buffalo Lake National Wildlife Land Management Bureau; Na­ Refuge, Tex.; sport fishing------17029 Proposed Rule Making tional Park Service; Southwest­ Kenai National Moose Range, ern Power Administration. Douglas airplanes; airworthiness Alaska; public access, use, and directive ______17054 recreation; correction...____ _ 17029 (Continued on next page) 17027 17028 CONTENTS

INTERNATIONAL JOINT NATIONAL HIGHWAY SAFETY Bowfund Corp______17078 Columbia Gas System, Inc., and COMMISSION— UNITED BUREAU Columbia LNG Corp------17079 STATES AND CANADA Proposed Rule Making Continental Vending Machine Notices Consumer information; side door C o rp ------17078 strength in passenger cars__ 17057 Federated Department Stores, Preservation of American Falls; Inc., et al______17081 public notice______17077 Motor vehicle safety standards: Brake hoses and assemblies__ 17055 International Telephone & Tel­ INTERSTATE COMMERCE Bus window retention and re­ egraph Corp. and Leasco lease ______17055 Data Processing Equipment COMMISSION Jacking systems______17055 C o rp ------17081 Rules and Regulations Johnson & Johnson et al_____ 17081 Motor carrier temporary authori­ NATIONAL PARK SERVICE Lums, Inc., et al______17082 Michigan Power Co. and Amer­ ties; filing; supporting state­ Rules and Regulations ments ______17045 ican Electric Power Co., Inc_ 17079 National Capital Parks; park-use Mississippi Power & Light Co_ 17080 Proposed Rule Making permit system for public gath­ Ohio Power Co______17080 Washington, D.C., commercial erings ______17042 Picture Island Computer Corp_ 17078 zone; redefinition------17062 Notices Notices Glen Canyon National Recreation SOUTHWESTERN POWER Fourth section applications for Area; notice of intention to ne­ ADMINISTRATION relief ______17100 gotiate concession contract__ 17068 Motor carrier, broker, water car­ Notices rier and freight forwarder ap­ POST OFFICE DEPARTMENT Certain officials; redelegations plications ______'Q._____ 17085 of authority______17068 Motor carriers; Rules and Regulations Temporary authority applica­ City delivery; requirements re­ tions ______17100 lating to business mail delivery TRANSPORTATION DEPARTMENT Transfer proceedings______17100 in office buildings______17038 See also Federal Aviation Admin­ Western Railroad Traffic Associa­ istration; National Highway tion; agreement______17100 PUBLIC HEALTH SERVICE Safety Bureau. LABOR DEPARTMENT Rules and Regulations Rul es and Regulations See also Wage and Hour Division. Jacksonville (Florida) -Brunswick (Georgia) interstate air qual­ Airport and airway development; Notices ity control region______17042 delegation of authority______17044 Grinnell Brothers; determinations on petition of workers for cer­ SECURITIES AND EXCHANGE TREASURY DEPARTMENT tification of eligibility to apply See Customs Bureau. for adjustment assistance____ 17082 COMMISSION LAND MANAGEMENT BUREAU Notices WAGE AND HOUR DIVISION Hearings, etc.: Notices AART Communications Corp., Notices Classification of public lands: Inc ______17078 Certificates authorizing employ­ C alifornia______:___ 17064 ment of full-time students Colorado (3 documents) __ 17064,17065 working outside of school hours Id a h o ______—______17066 at special minimum wages in New Mexico______17067 retail or service establishments Oregon ______17067 or in agriculture______17082 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, 1970, and specifies how they are affected.

7 CFR 18 CFR 42 CFR 722. 17029 2______17040 81______—______17042 154 (3 documents)______17040,17041 P roposed R ules : 47 CFR 932______17046 157------17041 _17042 1050______17046 P roposed R ules : 7 3 ______154______17061 P roposed R ules : 12 CFR 23______17057 226__— . 17029 1 9 CFR P roposed R ules : 4______17042 49 CFR 226______17061 _17044 30 CFR 1131 ______17045 14 CFR P roposed R ules: P roposed R ules : 39 (3 documents)______17030 503------17062 571 (3 documents)------17055 71 (17 documents)______17031-17036 575 ______17057 91___ 17036 36 CFR 1048______17063 121______17037 50------L------17042 198______17038 50 CFR P roposed R ules: 39 CFR 28______17029 39______17054 155_____ 17038 33______17029 17029 Rules and Regulations

buyer and the amount thereof was not a special anterless moose season, date to disclosed as a finance charge, the Board be announced by the Alaska Department Title 7— AGRICULTURE will take such action as may be appro­ of Fish and Game Commissioner, in Sub­ Chapter VII— Agricultural Stabiliza­ priate in the circumstances. However, it units 15-A and 15-B with the following tion and Conservation Service will not attempt to prescribe rules creat­ exclusions: (Agricultural Adjustment), Depart­ ing a presumption that all discounts or Subunit 15-A West. That area com­ ment of Agriculture points are passed on to the customer or prising the canoe system and the Swan­ buyer and hence must be included in the son River Oilfield participating area, SUBCHAPTER B— FARM MARKETING QUOTAS finance charge in any particular class of bounded on the south by the Kenai Na­ AND ACREAGE ALLOTMENTS transaction. On the other hand, the in­ tional Moose Range boundary; on the PART 722— COTTON clusion of seller’s points or discounts in west by the Swanson River Road and a the finance charge will be acceptable to line immediately outside the Swanson Subpart— 1971 Crop of Extra Long the Board as a correct disclosure under River Oilfield; bounded on the north by Staple Cotton; Acreage Allotments Regulation Z. the continuing line outside the Oilfield, and Marketing Quotas (d) This position relates only to thethe south bank of the Swanson River to Board’s administrative enforcement pro­ Wild Lake, thence a line to the north Correction cedures and it is not intended in any way shore of Pepper Lake; bounded on the In P.R. Doc. 70-14076 appearing at to restrict or prejudice the rights of any east by a line to Muskrat Lake and page 16311 in the issue for Saturday, customer or buyer to bring an action un­ thence along the north bank of the October 17, 1970, the last three entries der sections 130 and 131 of the Act where Moose River to the point of origin. under § 722.558(c)(1), numbered (iii), he has reason to believe he is or was re­ Subunit 15-A South. Two portions of (iv), and (v), should be transposed so quired to pay directly or indirectly a Subunit 15-A South will remain closed: that they appear immediately after sub­ finance charge imposed directly or in­ That portion of Subunit 15-A South division (ii) of paragraph (c)(2). directly by the creditor of the trans­ within the participating area of the action and the amount of that finance Swanson River Oilfield to a distance of charge was not disclosed to him. one-half mile south of the Swanson River (Interprets and applies 15 U.S.C. 1605) Oilfield access road; and that portion Title 12— BANKS AND BANKING of the Kenai National Moose Range lo­ By order of the Board of Governors, cated in Subunit 15-A South, located Chapter II— Federal Reserve System October 23, 1970. south of the Sterling Highway. SUBCHAPTER A— BOARD OF GOVERNORS OF [seal] Kenneth A. Kenyon, Subunit 15-B. That portion of the THE FEDERAL RESERVE SYSTEM Deputy Secretary. Kenai National Moose Range east of Funny River, and a line from the head­ [Beg. Z] [F.R. Doc. 70-14855; Filed, Nov. 4, 1970; 8:46 a.m.] waters of the west fork of the Funny PART 226— TRUTH IN LENDING River to the mouth of Shantatalik Creek on Tustemena Lake. Seller’s Points and Discounts G ordon W. W atson, § 226.406 Seller’s points and discounts Title SO— WILDUFE AND Area Director, Bureau of Sport under Regulation Z. Fisheries and Wildlife, An­ (a) Section 226.4(a) (Regulation Z) FISHERIES chorage, Alaska. includes in the finance charge any charge Chapter I— Bureau of Sport Fisheries October 27,1970. “payable directly 6r indirectly by the cus­ tomer, and imposed directly or indirectly and Wildlife, Fish and Wildlife [F.R. Doc. 70-14848; Filed, Nov. 4, 1970; by the creditor as an incident to or as Service, Department of the Interior 8:45 a.m.] a condition of the extension of credit PART 28— PUBLIC ACCESS, USE, AND * * *. The question arises as to the PART'33— SPORT FISHING proper treatment of discounts paid by RECREATION the seller, including points imposed on Kenai National Moose Range, Alaska; Buffalo Lake National Wildlife Refuge, the seller by the lender in connection Tex. with a real estate transaction. Correction (b) Under the general rule in § 226.4 In F.R. Volume 35, No. 209, dated Tues­ The following special regulation is is­ (a), any such discount, to the extent it is day, October 27, 1970, on page 16635, the sued and is effective on date of publica­ passed on to the buyer through an in­ first paragraph of F.R. Doc. 70-14384 tion in the F ederal R egister. crease in the selling price, must be in­ (§ 28.28) should read as follows; § 33.5 Special regulations; sport fish­ cluded in the finance charge. However, as ing; for individual wildlife refuge a practical matter, it may be difficult to The use of lightweight, motorized vehi­ areas. determine whether or not a discount paid cles commonly identified by the general T exas by the seller in connection with a real term “snow-traveler” is permitted on estate transaction has been,' in fact, areas of the Kenai National Moose Range BUFFALO LAKE NATIONAL WILDLIFE REFUGE Passed along to the customer as a part that are closed to travel by conventional Sport fishing on the Buffalo Lake Na­ of the purchase price of the property. vehicles, subject to the following special tional Wildlife Refuge, Tex., is permitted The same situation may exist in other conditions: only on the areas designated by signs as cases, for example, those in which the Special condition 3 should read as open to fishing. These open areas, com­ creditor sells at a discount obligations follows: prising 2,358 acres, are delineated on Payable in more than four installments. 3. The use of “snow-travelers” as anmaps available at refuge headquarters, (c) The Board has concluded that in aid in big game hunting or for transport­ Umbarger, Tex., and from the Regional such transaction coming within its ing big game is prohibited; except that Director, Bureau of Sport Fisheries and administrative enforcement authority, snow-travelers may be used on an experi­ Wildlife, Post Office Box 1306, Albuquer­ where seller’s points or discounts were, in mental basis as an aid in big-game hunt­ que, N. Mex. 87103. Sport fishing shall be act, passed along to the customer or ing or for transporting big game during in accordance with all applicable State

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 1703a RULES AND REGULATIONS regulations subject to the following spe­ Since this amendment corrects an error To prevent failures of the spindle nut, ac­ cial condition: and is clarifying in nature, it is found complish the following: that notice an public procedure hereon Replace the wing gear upper side strut (1) The open season for sport fishing spindle nut in accordance with Boeing Serv­ on the refuge extends from March 1 are impracticable and good cause exists ice Bulletin 32-2055 dated October 2, 1970, through October 31, 1971, inclusive, on for making this amendment effective in or later FAA approved revision, or an equiv­ all waters of the Buffalo Lake National less than thirty (30) days. alent method approved by the Chief, Air­ Wildlife Refuge; from January 1 through In consideration of the foregoing and craft Engineering Division, FAA Western February 28,1971, inclusive, and Novem­ pursuant to the authority delegated to Region. ber 1 through December 31, 1971, inclu­ me by the Administrator (31 F.R. 13697), The amendment becomes effective No­ sive, on all waters lying in the north­ § 39.13 of Part 39 of the Federal Avia­ vember 6, 1970. east lA of sec. 108. tion Regulations, Amendment 39-1050 (35 F.R. 12059, 12060), AD 70-15-16, is (Secs. 313(a), 601, 603, Federal Aviation Act The provisions of this special regula­ of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. tion supplement the regulations which amended as follows: 6(c), Department of Transportation Act, govern fishing on wildlife refuge areas 1. The applicability statement is 49 U.S.C. 1655(c)) generally which are set forth in Title 50, amended by adding the following: Issued in Los Angeles, Calif., on Oc­ Code of Federal Regulations, Part 33 and Cessna M odel Air pl a n e : (all Models A150 are effective through December 31, 1971. airplanes). tober 27,1970. No t e : Compliance with AD 70-15-16 on W illiam R. K rieger, P aul E. F erguson, the Models A150 airplanes added to the ap­ Refuge Manager, Buffalo Lake plicability statement commences on the ef­ Acting Director, National Wildlife Refuge, fective date of this amendment. FAA Western Region. Uvibarger, Tex. [F.R. Doc. 70-14895; Filed, Nov. 4, 1970; 2. Note: Cessna Service Letter No. 8:49 a.m.] October 27, 1970. SE70-16, Supplement No. 2, dated Au­ [F.R. Doc. 70-14849; Filed, Nov. 4, 1970; gust 28,1970, specifies some brand names 8:45 a.m.] of molybdenum disulfide grease conform­ [Docket No. 70-EA-36, Amdt. 39-1102] ing to Military Specification MIL-G- 21164 for lubricating the flap acuta tor PART 39— AIRWORTHINESS jack screws as required in this AD. DIRECTIVES This amendment becomes effective Sensenich Aircraft Propellers Title 14— AERONAUTICS AND November 10, 1970. (Secs. 313(a), 601, 603, Federal Aviation Act On page 10365 of the F ederal R egister SPACE of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. for June 25, 1970 the Federal Aviation Chapter I— Federal Aviation Adminis­ 6(c), Department of Transportation Act, 49 Administration published a proposed rule U.S.C. 1655(c)) which would amend § 39.13 of the Fed­ tration, Department of Transportation eral Aviation Regulations so as to issue Issued in Kansas City, Mo., on Oc­ [Docket No. 70-CE-14-AD, Amdt. 39-1104] an airworthiness directive amending AD tober 28, 1970. 69-9-3 applicable to Sensenich aircraft PART 39— AIRWORTHINESS Daniel E. Barrow, propellors. DIRECTIVES Acting Director, Central Region. Interested parties were given 30 days after publication in which to submit writ­ Cessna Models A150, 150, 172, 177, [F.R. Doc. 70-14894; Filed, Nov. 4, 1970; 8:49 a.m.] ten data or views. No objections to the 182, 205, 206, 207, and 210 Air­ proposed regulations have been received. planes In view of the foregoing and pursuant [Airworthiness Docket No. 70-WE-39-AD, to the authority delegated to me by the Amendment 39-1050 (35 F.R. 12059, Arndt. 39-1103] Administrator, 14 CFR 11.89 (31 F.R. 12060), AD 70-15-16, applicable to Cessna 13697), §39.13 of the Federal Aviation Models 150, 172, 177, 182, 205, 206, 207, PART 39— AIRWORTHINESS Regulations is amended hereby and the and 210 airplanes is an airworthiness DIRECTIVES airworthiness directive adopted as pub­ directive which requires repetitive in­ Boeing Model 747—100 Series lished. spections and servicing of the electrical This amendment is effective Novem­ flap actuator on these model airplanes in Airplanes ber 10, 1970. accordance with Cessna Service Letter There have been failures of the wing No. SE70-16, Supplement No. 1, dated (Secs. 313(a), 601, 603, Federal Aviation Act landing gear upper side strut spindle nut of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. July 10, 1970. In addition the AD re­ on Boeing Model 747-100 Series air­ 6(C), DOT Act 49 U.S.C. 1655(c)) quires at each annual inspection, or at planes. Since this condition is likely to least once every 12 calendar months, that exist or develop in other airplanes of the Issued in Jamaica, N.Y., on Octdber 22, the flap actuator on these model air­ same type design, an airworthiness direc­ 1970. planes must be removed and serviced in tive is being issue to require replacement Wayne .Hendershot, accordance with the procedures de­ of the spindle nut on Boeing Model 747- Acting Director, Eastern Region. scribed in Cessna Service Letter Nb. 100 Series airplanes. 1. In the applicability paragraph add SE70-16, dated June 12, 1970. Since a situation exists that requires the words and figures “and 0-360-A4G Subsequent to the issuance of AD 70- immediate adoption of this regulation, it solid crankshaft engines”. 15-16 it has come to the attention of the is found that notice and public proced­ 2. Revise “Compliance Statement” to agency that the applicability statement ure hereon are impracticable and good read as follows: “Compliance required of this AD as published, inadvertently cause exists for making this amendment as indicated”. did not include all Cessna Models A150 effective in less than 30 days. 3. After the word “r.pm.”, in para­ airplanes. Consequently, the AD must be In consideration of the foregoing and graph (b), add the following: “within amended to include these model air­ pursuant to the authority delegated to the next 25 hours time in service after planes. In addition, the AD will be fur­ me by the Administrator (31 F.R. 13697), the effective date of this AD”. ther amended by adding a note which § 39.13 of Part 39 of the Federal Avia­ 4. Add the following paragraphs: will reflect that the manufacturer has tion Regulations is amended by adding c. Propellers with 500 or more total hours issued Cessna Service Letter No. SE70-16, the following new airworthiness direc­ in service, inspect, rework or replace in ac­ tive: cordance with paragraph (f) within the Supplement No. 2, dated August 28,1970, next 50 hours time in service after the which specifies some name brands of B o eing . Applies to Boeing Model 747-100 effective date of this AD. molybdenum disulfide grease conforming Series airplanes certificated in all cate­ d. Propellers with less than 500 hours total gories. hours in service, inspect, rework or replace to Military Specification MIL-G-21164 Compliance required within the next 200 in accordance with paragraph, (f) prior to for lubricating the flap actuator jack hours’ time in service after the effective date the accumulation off 550 horns time m screws as required in this AD. of this AD, unless already accomplished. service. FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 RULES AND REGULATIONS 17031

e. Propellers whose prior service history is 2. In § 71.209 (35 FR. 2303) Perch118s50'00" W.; within the arc of a 34- unknown, inspect, rework or replace in ac­ INT is amended by deleting “251°” and mile-radius circle centered on the Point cordance with paragraph (f) within the next substituting “264°” therefor. Mugu TACAN, extending clockwise from 50 hours time in service after the effective the 165° radial to the 255° radial, and date of this AD. (Secs. 307(a), 1110, Federal Aviation Act of f. Remove propeller and return to manu­ 1958, 49 U.S.C. 1348, 1510; Executive Order within 14 miles southeast and 9 miles facturer for inspection and reconditioning in 10854, 24 P.R. 9565; sec. 6(c), Department of northwest of the Point Mugu TACAN accordance with “Recommended Action” in Transportation Act, 49 U.S.C. 1655 (c)) 220° radial, extending from the 34-mile- Sensenich Service Bulletin No. R-14 dated radius area to 49 miles southwest of the March 23, 1970, or an equivalent method ap­ Issued in Washington, D.C., on Octo­ TACAN, excluding the portion within W- proved by the Chief, Engineering and Man­ ber 29,1970. 412;” is substituted therefor. ufacturing Branch, FAA, Eastern Region. P aul W. R obinson, g. Propellers which have been inspected, Acting Chief, Airspace and (Secs. 307(a), 1110, Federal Aviation Act of reworked or replaced in accordance with this Air traffic Rules Division. 1958, 49 U.S.C. 1348, 1510; Executive Order AD and found satisfactory will be identified 10854, 24 F.R. 9565; sec. 6(c), Department of4 with a suffix letter “K” after the serial num­ [P.R. Doc. 70-14887; Piled, Nov. 4, 1970; Transportation Act, 49 U.S.C. 1655(c)) ber. New production propellers which are in 8:48 a.m.] Issued in Washington, D.C., on Octo­ accordance with this AD and considered sat­ ber 29,1970. isfactory include change “K” or subsequent [Airspace Docket No. 70-WE-21] changes. P aul W. R obinson, h. Subsequent repair or reconditioning of PART 71— DESIGNATION OF FEDERAL Acting Chief, Airspace and “K” propellers may be performed as required AIRWAYS, AREA LOW ROUTES, Air Traffic Rules Division. by any PAA certificated propeller repair CONTROLLED AIRSPACE, AND RE­ [F.R. Doc. 70-14888; Filed, Nov. 4, 1970; station. PORTING POINTS 8:48 a.m.] 5. In the parenthetical note add “and R-14 dated March 23, 1970,” after the Designation of Control Zone and [Airspace Docket No. 70-WE—43] numerals “1969”. Alteration of Transition Area PART 71— DESIGNATION OF FEDERAL [F.R. Doc. 70-14896; Piled, Nov. 4, 1970; On August 22, 1970, a notice of pro­ 8:49 am.] AIRWAYS, AREA LOW ROUTES, posed rule making was published in the CONTROLLED AIRSPACE, AND RE­ F ederal R egister (35 F.R. 13462) stating PORTING POINTS [Airspace Docket No. 70-WE-20] that the Federal Aviation Administra­ tion (FAA) was proposing amendments Alteration of Control Zone and PART 71— DESIGNATION OF FEDERAL to Part 71 of the Federal Aviation Regu­ Transition Area AIRWAYS, AREA LOW ROUTES, lations that would designate a control zone at Point Mugu, Calif., and alter the On September 9, 1970, a notice of CONTROLLED AIRSPACE, AND RE­ proposed rule making was published in PORTING POINTS Oxnard, Calif., transition area. Interested persons were afforded an the F ederal R egister (35 F.R. 14221) Alteration of Control Area and opportunity to participate in the pro­ stating that the Federal Aviation Admin­ Reporting Point posed rule making through the sub­ istration was considering amendments mission of comments. All comments to Part 71 of the Federal Aviation On August 22, 1970, a notice of pro­ received were favorable. Regulations that would alter the Crescent posed rule making was published in the The FAA has negotiated a joint-use City, Calif., control zone and transition Federal R egister (35 F.R. 13461) stating warning area letter of procedure with area. that the Federal Aviation Administra­ the Commander, Pacific Missile Range Interested persons were afforded an tion (FAA) was considering amendments (PMR). This letter of procedure will opportunity to participate in the pro­ to Part 71 of the Federal Aviation Reg­ provide for the maximum utilization of posed rule making through the submis­ ulations that would realign Control 1316 the offshore airspace within the affected sion of comments. All comments received and redesignate the Perch domestic re­ warning areas. were favorable. porting point. In consideration of the foregoing, Part In consideration of the foregoing, Part Interested persons were afforded an 71 of the Federal Aviation Regulations 71 of the Federal Aviation Regulations opportunity to participate in the pro­ is amended, effective 0901 G.m.t., is amended, effective 0901 G.m.t., posed rule making through the submis­ January 7, 1971, as hereinafter set forth. January 7,1971, as hereinafter set forth. sion of comments. All comments received 1. In § 71.171 (35 F.R. 2054) the fol­ 1. In § 71.171 (35 F.R. 2054) the Cres­ were favorable. lowing control zone is added: cent City, Calif., control zone is amended The FAA has negotiated a joint-use to read as follows: P o in t Mu ch , Ca lif. warning area letter of procedure with Crescent Cit y , Ca lif. Within a 5-mile radius of NAS Point Mugu the Commander, Pacific Missile Range Within a 5-mile radius of Jack McNamara (PMR). This letter of procedure will pro­ (lat. 34°07'05" N., long. 119*07'20" W.) and within the arc of-a 12-mile-radius circle cen­ Field, Crescent City (lat. 41°46'50" N., long. vide for the maximum utilization of the tered on the Point Mugu TACAN, extending 124°14'00" W.), within 3 miles each side of offshore airspace within the affected clockwise from the 200° radial to the 252* the Crescent City VORTAC 325° radial, ex­ warning areas. radial, excluding the portion within the Ox­ tending from the 5-mile-radius zone to 8 Subsequent to the publication of the nard, Calif. (Ventura County Airport), con­ miles northwest of the VORTAC and within notice, a refined computation of the Los 1.5 miles each side of the Crescent City trol zone when it is effective. VORTAC 180* radial, extending from the Angeles VORTAC radial indicated that 2. Section 71.181 (35 F.R. 2134) is 5-mile-radius zone to 5.5 miles south of the the Los Angeles VORTAC 264° T (249° VORTAC. M) radial should be utilized in the align­ amended as follows: ment of Control 1316 and the designa­ In the Oxnard, Calif., transition area 2. In § 71.181 (35 F.R. 2134) the Cres­ tion of the Perch Intersection. Accord­ all preceding the phrase “and that air­ cent City, Calif., transition area is ingly- a 1° change in the radial pub­ space extending upward from 5,000 feet amended to read as follows: lished in the notice is being made herein. MSL” is deleted and the phrase “That Crescent Cit y , Ca lif. Since these amendments are minor in airspace extending upward from 700 feet That airspace extending upward from 700 nature and no substantive change in the above the surface within a 7-mile radius feet above the surface within a 5-mile radius regulation is effected, notice and public of the Point Mugu RBN; that airspace of Jack McNamara Field, Crescent City (lat. procedure thereon are unnecessary. extending upward from 1,200 feet above 41°46'50" N., long. 124°14'00" W.), within 3 In consideration of the foregoing, Part the surface bounded on the east by long. miles each side of the Crescent City VORTAC 71 of the Federal Aviation Regulations is 118°50'00" W., on the south by lat. 325° radial, extending from the 5-mile- amended, effective 0901 G.m.t., Janu­ radius area to 9 miles northwest of the 34°00'00" N., on the west by long. 120°- VORTAC and within 4 miles each side of the ary 7, 1971, as hereinafter set forth. OO'OO" W., and on the north by a line ex­ Crescent City VORTAC 180* radial, extend­ §71.161 (35 F.R. 2044) Control tending from lat. 34°20'00" N., long. ing from the 5-mile-radius area to 10 miles is amended by deleting “251°” 120°00'00" W.; to lat. 34°20'00" N., long. south of the VORTAC; and that airspace ex­ 4t appears and substituting 119°30'00" W.; to lat. 34°30'00" N., long. tending upward from 1,200 feet above the 264°” therefor. 119°30'00" W.; to lat. 34*30'00" N., long. surface within 10 miles east and 7 miles west

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17032 RULES AND REGULATIONS of the Crescent City VORTAC 180* and 360* [Airspace Docket No. 70-EA-85] and times established In advance by a radials, extending from 8 miles north to 2Q PART 71— DESIGNATION OF FEDERAL Notice to Airmen. The effective date and miles south of the VORTAC, within 5 miles time will thereafter be continuously each side of the Crescent City VORTAC 234* AIRWAYS, AREA LOW ROUTES, radial, extending from the VORTAC to 12 published in the Airman’s Informa­ miles southwest of the VORTAC and within CONTROLLED AIRSPACE, AND RE­ tion Manual * * is added to the 8 miles northeast and 9.5 miles southwest of PORTING POINTS description. the Crescent City VORTAC 325* radial ex­ Revocation of Transition Area (Sec. 307(a), Federal Aviation Act of 1958, tending from the VORTAC to 18.5 miles 49 U.S.O. 1348(a); sec. 6(c), Department of northwest of the VORTAC. The Federal Aviation Administration Transportation Act, 49 U.S.C. 1655(c)) (Secs. 307(a), 1110, Federal Aviation Act of is issuing an amendment to § 71.181 of Issued in East Point, Ga., on Octo­ 1958, 49 U.S.C. 1348, 1510; Executive Order Part 71 of the Federal Aviation Regula­ ber 23, 1970. 10854, 24 F.R. 9565; sec. 6(c), Department of tions which will revoke the Coshocton, Transportation Act, 49 U.S.C. 1655(c)) J ames G. R ogers, Ohio (35 F.R. 2165), transition area. Director, Southern Region. Issued in Washington, D.C., on Octo­ The Universal-Cyclops Airport Co­ ber 29,1970. shocton, Ohio, has been closed with a [F.R. Doc. 70-14892; Filed, Nov. 4, 1970; resultant lack of need for the overlying 6:48 a.m.] P aul W. R obinson, Acting Chief, Airspace and transition area. Since this amendment will not impose any additional burden on [Airspace Docket No. 70-CE-50] Air Traffic Rules Division. any person, notice and public procedure (F.R. Doc. 70-14889; Filed, Nov. 4, 1970; hereon are unnecessary and the amend­ PART 71— DESIGNATION OF FEDERAL 8:48 a.m.] ment may be made effective in less than AIRWAYS, AREA LOW ROUTES, 30 days. CONTROLLED AIRSPACE, AND RE­ [Airspace Docket No. 70-WE-57] In view of the foregoing, Federal Avia­ PORTING POINTS tion Administration having reviewed the PART 71— DESIGNATION OF FEDERAL airspace requirements in the terminal Alteration of Transition Area AIRWAYS, AREA LOW ROUTES, airspace of Coshocton, Ohio, the amend­ ment is herewith made effective upon On pages 11518 and 11519 of the CONTROLLED AIRSPACE, AND RE­ F ederal R egister dated July 17, 1970, PORTING POINTS publication in the F ederal R egister as the Federal Aviation Administration follows: published a notice of proposed rulemak­ Alteration of Federal Airway Amend § 71.181 of Part 71 of the Fed­ ing which would amend section 71.181 of Segment eral Aviation Regulations so as to revoke Part 71 of the Federal Aviation Regula­ the Coshocton, Ohio, transition area. On September 22, 1970, F.R. Doc. 70- tions so as to alter the transition area (Sec. 307(a), Federal Aviation Act of 1958, 72 12544 was published in the F ederal R eg­ at Kirksville, Mo. Stat. 749 ; 49 U.S.C. 1348; sec. 6(c), Depart­ Interested persons were given 45 days ister (35 F.R. 14693) effective Novem­ ment of Transportation Act, 49 U.S.C. ber 12, 1970. 1655(c)) to submit written comments, sugges­ This document amended Part 71 of the tions, or objections regarding the pro­ Federal Aviation Regulations by realign­ Issued in Jamaica, N.Y., on October 21, posed amendment. ing VOR Federal airway No. 25 from 1970. No objections have been received and Yakima, Wash., direct to Ellensburg, W ayne Hendershot, the amendment as so proposed is hereby Wash., including a west alternate seg­ Acting Director, Eastern Region. adopted, subject to the following ment. [F.R. Doc. 70-14891; Filed, Nov. 4, 1970; change: Line 16 of the Kirksville, Mo., 8:48 a.m.] transition area alteration recited as This amendment inadvertently did not “southwest of the Kirksville VORTAC, remove the exclusion of R-6714 from the ex-” is changed to read “southwest of the text so as to facilitate the movement of [Airspace Docket No. 70-SO-87] Kirksville VORTAC 316® radial, ex-”. air traffic on V-25 when R-6714 is not PART 71— DESIGNATION OF FEDERAL This amendment shall be effective 0901 being utilized for its designated purpose. G.m.t., January 7, 1971. Accordingly, action is taken herein to AIRWAYS, AREA LOW ROUTES, (Sec. 307(a), Federal Aviation Act of 1958, delete this exclusion from the descrip­ CONTROLLED AIRSPACE, AND RE­ 49 U.S.C. 1348; sec. 6(c), Department of tion of V-25. PORTING POINTS Transportation Act, 49 TI

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 No. 216— 2 17034 RULES AND REGULATIONS

B urlington, I owa D odge C it y , K a n s. 5-mile radius to 7 y2 miles north of the VORTAC; within 3 miles each side of the Within a 5-mile radius of Burlington Within a 5-mile radius of Dodge City Alpena VORTAC 305° radial, extending from Municipal Airport (latitude 40°46'55" N., Municipal Airport (lat. 37°45'45'' N., longi­ the 5-mile radius to 7 miles northwest of the longitude 91°07'40" W.) ; within 3 miles each tude 99°58'00" W.). VORTAC; and within 3 miles each side of side of the 293° radial of the Burlington (2) In § 71.181 (35 F.R. 2134), the fol­the Alpena VORTAC 186° radial, extending VORTAC extending from the 5-mile-radius from the 5-mile radius to 7 miles south of zone to 2 miles northwest of the VORTAO. lowing transition area is amended to read: the VORTAC. (2) In § 71.181 (35 F.R. 2134), the fol­ D odge C it y , K a n s. (2) In § 71.181 (35 F.R. 2134), the fol­ lowing transition area is amen4ed to That airspace extending upward from 700 lowing transition area is amended to read: feet above the surface within an 8-mile read: B u rlington, I owa radius of Dodge City Municipal Airport Alpena, Mic h .* That airspace extending upward from 700 (lat. 37°45'45” N., longitude 99°58'00" W.), That airspace extending upward from 700 feet above the surface within an 8 ^ -mile and that airspace extending upward from feet above the surface within a 17-mile radius of Burlington Municipal Airport 1,200 feet above the surface within a 12-mile radius of Alpena VORTAC; within 9Y2 miles (latitude 40°46'55" N., longitude 91°07'40" radius of Dodge City Municipal Airport; west and 4*4 miles east of the 360° bearing W.) ; and within 2 miles each side of the 293° within a 13-mile radius of the Dodge City from the Alpena RBN, extending from the radial of the Burlington VORTAC extending VORTAC, and within 4^2 miles east and 9 y2 17-mile-radius area to 18^4 miles north of from the 8*4-mile-radius area to the Bur­ west of the Dodge City VORTAC 341* radial the RBN; within 9*/4 miles, west and 4*4 lington VORTAC; and that airspace extend­ extending from the 13-mile radius area to miles east of the 346° radial of the Alpena ing upward from 1,200 feet above the surface 18*4 miles north of the VORTAC. VORTAC extending from the 17-mile-radius bounded on the northwest by a 14-mile- [F.R. Doc. 70-44906; Filed, Nov. 4, 1970; area to 18 *4 miles north of the VORTAC; radius arc centered on the Burlington Mu­ 8: 50 a.m.] within 9 */4 miles southwest and 4% miles nicipal Airport starting at latitude 40°37'15" northeast of the 305° radial of the Alpena N., longitude 91°17'30'' W., thence clockwise VORTAC extending from the 17-mile radius to latitude 40°56'30" N., longitude 90°58'00" [Airspace Docket No. 70-CE-110] area to 18*4 miles northwest of the VORTAC; W.; and on the southeast by the Mississippi and within 9% miles east and 4% miles west River. PART 71— DESIGNATION OF FEDERAL of the Alpena VORTAC 186° radial extending (Sec. 307(a), Federal Aviation Act of 1958, from the 17-mile-radius area to 18 y2 miles AIRWAYS, AREA LOW ROUTES, south of the VORTAC, and that airspace ex­ 49 TJ.S.C. 1348) ; sec. 6(c), Department of CONTROLLED AIRSPACE, AND RE­ Transportation Act, 49 U.S.C. 1655(c)) tending upward from 1,200 feet above the PORTING POINTS surface within a 32-mile-radius circle cen­ Issued in Kansas City, Mo., on Octo­ tered on the Alpena RBN, extending from a ber 22,1970. Alteration of Control Zone and line 5 miles west of and parallel to the 360° Edward C. Marsh, Transition Area bearing from the RBN clockwise to a line 5 miles east of and parallel to the 026° bearing Director, Central Region. The purpose of this amendment to from the RBN; within a 34-mile-radius circle [F.R. Doc. 70-14905; Filed, Nov. 4, 1970; Part 71 of the Federal Aviation Regula­ centered on the Alpena VORTAC extending 8:50 a.m.] from a line 5 miles northwest of and parallel tions is to alter the control zone and to the 329“ radial of the VORTAC clockwise transition area at Alpena, Mich. to a line 5 miles east of and parallel to the [Airspace Docket No. 70-CE-79] U.S. Standard for Terminal Instru­ 350° radial of the VORTAC. ment Procedures (TERPS) became effec­ PART 71— designation o f f ed er a l (Sec. 307 (a ), Federal Aviation Act of 1958, tive November 18, 1967, and was issued 49 U.S.C. 1348; sec. 6(c), Department of AIRWAYS, AREA LOW ROUTES, only after extensive consideration and Transportation Act, 49 U.S.C. 1655(c)) CONTROLLED AIRSPACE, AND RE­ discussion with Government agencies concerned and affected industry groups. Issued in Kansas City, Mo., on Octo­ PORTING POINTS TERPS updates the criteria for the es­ ber 22, 1970. Alteration of Control Zone and tablishment of instrument approach pro­ E dward C. Marsh, Transition Area cedures in order to meet the safety re­ Director, Central Region. quirements of modem day aviation and [F.R. Doc. 70-14907; Filed, Nov. 4, 1970; On page 13737 of the F ederal R egister to make more efficient use of the air­ 8:50 a.m.] dated August 28, 1970, the Federal Avia­ space possible. As a result, the criteria tion Administration published a notice for designation of controlled airspace for of proposed rule making which would the protection of these procedures were [Airspace Docket No. 70-CE-73] amend sections 71.171 and 71.181 of Part modified to conform to TERPS. The new 71 of the Federal Aviation Regulations PART 71— DESIGNATION OF FEDERAL criteria requires minor alteration of the AIRWAYS, AREA LOW ROUTES, so as to alter the control zone and tran­ control zone and transition area at Al­ sition area at Dodge City, Kans. pena, Mich. Action is taken herein to CONTROLLED AIRSPACE, AND RE­ Interested persons were given 45 days reflect these changes. PORTING POINTS to submit written comments, suggestions, Since changes in most, if not all, exist­ Alteration of Control Zone and or objections regarding the proposed ing airspace designations are required in amendments. order to achieve the increased safety and Transition Area No objections have been received and efficient use of the airspace that TERPS On page 13461 of the F ederal R egis­ the amendments as so proposed are is designed to accomplish and since these ter dated August 22, 1970, the Federal hereby adopted, subject to the following Changes are minor in nature, notice and Aviation Administration published a change: The longitude coordinate re­ public procedure hereon have been de­ notice of proposed rule making which cited in the Dodge City, Kans., Municipal termined to be both unnecessary and would amend §§ 71.171 and 71.181 of Part Airport control zone and transition area impracticable. 71 of the Federal Aviation Regulations alteration as “longitude 98°58'00" W.’’ is In consideration of the foregoing, Part so as to alter the control zone and tran­ changed to read “longitude 99°58'00" 71 of the Federal Aviation Regulations is sition area at Oshkosh, Wis. W ”. amended effective 0901 G.m.t., January 7, Interested persons were given 45 days These amendments shall be effective 1971, as hereinafter set forth: to submit written comments, sugges­ 0901 G.m.t., January 7, 1971. (1) In § 71.171 (35 F,R. 2054), the fol­tions, or objections regarding the pro­ lowing control zone is amended to read: ved amendments. . , (Sec. 307(a), Federal Aviation Act of 1958, No objections have been received ana 49 TJ.S.C. 1348; sec. 6(c), Department of Alpena, Mic h . Transportation Act, 49 U.S.C. 1655 (c)) e amendments as so proposed are That airspace within a 5-mile radius of >reby adopted, subject to the following Issued in Kansas City, Mo., on Octo­ Phelps-Collins Airport, Alpena, Mich, (lati­ Lange: The Wittman Field coordinates ber 26,1970. tude 45°04'50'' N., longitude 83°33'35" W.); cited in the Oshkosh, Wis., control zone Daniel E. Barrow, within 3 miles each side of the 360° bearing id transition area alteration as lati" Acting Director, Central Region. from the Alpena RBN, extending from the ide 43°59'20" N.,"longitude 88 33 lb 5-mile radius to 8 miles north of the Alpena are changed to read “latitude 43- (1) In § 71.171 <35 F.R. 2054), the fol­RBN; within 3 miles each side of the Alpena ______,1. . . oooooon" W ” The lowing control zone is amended to read: VORTAC 346° radial, extending from the FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 RULES AND REGULATIONS 17035 word “Whittman” is changed to “Witt- is to revoke the Clare, Mich., transition 2. The following transition areas are man.” area. altered by deleting the portions which These amendments shall be effective The instrument approach procedure designate airspace with a floor of 1,200 0901 G.m.t., January 7,1971. for the Clare, Mich., Municipal Airport feet above the surface: (Sec. 307(a), Federal Aviation Act of 1958, has been canceled, with the result that Atterbury, Ind. Lafayette, Ind. 49 U.S.C. 1348; sec. 6(c) Department of there is no longer any requirement for Indianapolis, Ind. Muncie, Ind. Transportation Act, 49 U.S.C. 1655(c)) the designation of a transition area for Kokomo, Ind. its protection. Therefore, it is necessary Issued in Kansas City, Mo., on Oc­ 3. In the Fort Wayne, Ind., transition to revoke the Clare, Mich., transition area, all after, “bounded by a line begin­ tober 13,1970. area. Action is taken herein to effect this ning at,” is deleted and, “latitude 41°45'- Edward C. Marsh, change. Director, Central Region. 40" N., longitude 84°50'00" W., to lati­ Since this action revokes a transition tude 41°48'10" N., longitude 84°50'00" (1) In § 71.171 (35 P.R. 2054), the fol­ area, it imposes no additional burden on W., to latitude 41°48'00" N., longitude lowing control zone is amended to read: any person and consequently notice and 84°46'00" W., to latitude 41°44'00" N., Os h k o s h , W is . public procedure hereon are unneces­ longitude 84°28'00" W., to latitude 41°- sary. 32'00" N„ longitude 84°31'00" W., to Within a 5-mile radius of Wittman Field (latitude 43°59'25" N., longitude 88e33'20" In consideration of the foregoing, Part latitude 41°21'00" N., longitude 84°40'- W.) ; within 3 miles each side of the Oshkosh 71 of the Federal Aviation Regulations is 00" W., to latitude 40°46'00" N., longi­ VOR 275° radial extending from the 5-mile amended effective 0901 G.m.t., Jan­ tude 84°40'00" W., to latitude 40°31'30" radius zone to 9% miles west of the VOR; uary 7, 1971, as hereinafter set forth: N., longitude 84°48'15" W., thence along and within 3 miles each side of the Oshkosh In § 71.181 (35 F.R. 2154), the follow­ the Indiana State boundary to the point VOR 182° radial extending from the 5-mile ing transition area is revoked: of beginning” is substituted therefor. radius zone to 9% miles south of the VOR. 4. In the Louisville, Ky., transition Cu r e , Mic h . . (2) In §71.181 (35 F.R. 2134), the area, all after, “1,200 feet above the sur­ following transition area is amended to (Sec. 207(a), Federal Aviation Act of 1958, 49 face beginning at,” is deleted and, “lati­ U.S.C. 1348; sec. 6(c), Department of Trans­ tude 38°43'50" N., longitude 85°20'47" read: portation Act, 49 U.S.C. 1655(c)) Os h k o s h , W is . W., to latitude 38°26'00" N., longitude That airspace extending upward from 700 Issued in Kansas City, Mo., on Oc­ 85°15'00" W., to latitude 38°24'00" W., feet above the surface within a 10-mile tober 22,1970. longitude 85°00'00" W., to latitude 37°- radius of the Wittman Field (latitude 43 °- E dward C. Marsh, 25'00" N.f longitude 85°00'00" W., to 59'25" N„ longitude 88°33'20" W.); within Director, Central Region. latitude 37°05'00" N., longitude 85°11'- 3y2 miles each side of the 275° radial 00" W., to latitude 37°00'00" N., longi­ of the Oshkosh VOR extending from the [F.R. Doc. 70-14909; Filed, Nov. 4, 1970; tude 85°34'00" W., to latitude 37°32'00" 10-mile radius area to 12 miles west of the 8:60 a n .] N., longitude 85° 45'00" W., to latitude VOR; within 9% miles west and 4% miles 37°26'00" N., longitude 86°30'00" W., to east of the 008° radial of the Oshkosh VOR [Airspace Docket No. 70-CE-109] latitude 38°02'50" N., longitude 86°30'- extending from the 10-mile radius area to 00" W., thence via the Indiana state 18 Vi miles north of the VOR; within 9 Vi PART 71— DESIGNATION OF FEDERAL miles east and 4Vi miles west of the 182° ra­ boundary to .the point of beginning.” is dial of the Oshkosh VOR extending from the AIRWAYS, AREA LOW ROUTES, substituted therefor. 10-mile radius area to 18 Vi miles south of the CONTROLLED AIRSPACE, AND RE­ 5. In the Richmond, Ind., transition VOR; within an 8 Vi-mile radius of the Fond PORTING POINTS area, all after, “1,200 feet above the sur­ du Lac County Airport (latitude 43°46'10" face bounded” is deleted and “on the N., longitude 88°29'30" W.); and within 9Vi Designation of Transition Area miles south and 4Vi miles north of a 275° northeast by a line extending from lati­ bearing from the Fond du Lac County Air­ While the entire State of Indiana is tude 40°10'00" N., longitude 85°00'00" port, extending from the 8 Vi-mile radius area covered with a 1,200-foot floor transi­ W., to latitude 39°40'00" N., longitude to 18% miles west of the airport excluding tion area, this airspace is currently des­ the portion which overlies the Appleton, ignated by 11 separate complicated tran­ 84°25'00" W., on the southeast by a line Wis., 700-foot floor transition area; and extending from latitude 39°40'00" N., that airspace extending upward from 1,200 sition area descriptions in section 771.181 feet above the surface bounded by a line of the Federal Aviation Regulations. To longitude 84°25'00" W., to latitude 39°- beginning at latitude 44°36'00'' N., longitude simplify these airspace designations and 12'00" N., longitude 85°30'00" W., and 87°47'15" W.; to latitude 44°36'00" N., longi­ to contain this transition area in one on the west by the Indiana-Ohio bound­ tude 87°27'00" W.; to latitude 43°30'00" N., single description the Federal Aviation longitude 87°27’00" W.; to 43°30'00" N., Administration finds it necessary to des­ ary.” is substituted therefor. longitude 88°30'00" W.; to latitude 43°40'- ignate a 1,200-foot-floor transition area 6. In the Battle Creek, Mich., transi­ 40" N., longitude 89°38'20" W., thence north for the State of Indiana. Although no ad­ tion area, all after “1,200 feet above the along the east boundary of V-177W to lati­ tude 44°19'50" N., longitude 89°29'00" W.; ditional controlled airspace will be re­ surface” is deleted and “bounded on thence counterclockwise via the arc of a quired to accomplish this action, cer­ the north by latitude 42°38'00" N., on the 15-mile radius circle centered on the tain existing transition area designations east by longitude 84°50'00" W., on the Stephens Point, Wis. VOR; to latitude both within and without the State of 44“28'30" N., longitude 89°14'25" W.; to lati­ Indiana must be amended. Action is south by the Michigan-Indiana bound­ tude 44°29'25" N., longitude 88°35'00" W.; taken herein to effect these changes. ary, on the southwest by V-277 and on thence clockwise via the arc of a 20-mile the west by longitude 86°00'00" W.” is radius circle centered on the Green Bay, Wis. Since this change is clarifying in na­ VOR to the point of beginning excluding the ture and imposes no additional burden substituted therefor. portion which overlies the Cecil, Wis. transi­ on any person, notice and public pro­ 7. The following transition areas are tion area. cedure hereon are unnecessary. amended by adding, “excluding the por­ fF.R. Doc. 70-14908; Filed, Nov. 4, 1970; In consideration of the foregoing, Part tion which overlies the State of Indiana.” 8:50 a.m.] 71 of the Federal Aviation Regulations is South Bend, Ind. Dayton, Ohio. Cincinnati, Ohio. [Airspace Docket No. 70-CE-99] amended effective 0901 G.m.t., January 7, 1971, as hereinafter set forth: (Sec. 307(a), the Federal Aviation Act of PART 71— DESIGNATION OF FEDERAL Section 71.181 (35 F.R. 2134), is 1958; 49 U.S.C. 1348; sec. 6(c), Department of Transportation Act, 49 U.S.C. 1655(c) ) AIRWAYS, AREA LOW ROUTES, amended as follows: CONTROLLED AIRSPACE, AND RE­ 1. An Indiana transition area is added Issued in Kansas City, Mo., on Octo­ PORTING POINTS as follows: ber 22,1970. I ndiana Edward C. Marsh, Revocation of Transition Area Director, Central Region. That airspace extending upward from purpose of this amendment to Part 1,200 feet above the surface within the [F.R. Doc. 70-14910; Filed, Nov. 4, 1970; »1 of the Federal Aviation Regulations boundary of the State of Indiana. 8:50 a.m.] (FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17036 RULES AND REGULATIONS [Airspace Docket No. 70-CE-62] 7. In the Evansville, Ind., transition In § 71.163 (35 F.R. 2046), the follow­ PART 71— DESIGNATION OF FEDERAL area, all after “bounded by a line begin­ ing additional control area is deleted: St. ning at” is deleted and “latitude AIRWAYS, AREA LOW ROUTES, Louis, Mo. 38°02'50" N., longitude 86°30'00" W., [F.R. Doc. 70-14911; Filed, Nov. 4, 1970; CONTROLLED AIRSPACE, AND RE­ to latitude 37°26'00" N., longitude 8:50 a.m.] PORTING POINTS 86°30'00" W., to latitude 37°17'50" N., longitude 87° 18'00" W., to latitude Designation, Alteration and 37°12'50" N., longitude 87°39'30" W., to [Docket No. 10077, Arndt. 91-82] Revocation of Transition Area latitude 37°26'10" N., longitude 88°19' 00" W., thence via the Kentucky bound­ pa r t 91— GENERAL OPERATING On pages 12954 and 12955 of the F ed­ AND FLIGHT RULES eral R egister dated August 14, 1970, ary to the point of beginning” is sub­ the Federal Aviation Administration pub­ stituted therefor. Operation of Aircraft by Crewmem­ lished a notice of proposed rule making 8. In the Milwaukee, Wis., transition bers After Consumption of Alcoholic which would amend § 71.181 of Part 71 area, all after “that airspace extending Beverages of the Federal Aviation Regulations so upward from 1,200 feet above the sur­ as to designate, alter, and revoke con­ face” is deleted and “bounded on the The purpose of these amendments to trolled airspace in the State of Illinois north by latitude 43°30'00" N., on the Part 91 of the Federal Aviation Regula­ by designating the Illinois transition east by longitude 87°00'00" W., on the tions is to prohibit any person from act­ area. south by latitude 42°30'00" N., and ^he ing as a crewmember of a civil aircraft Interested persons were given 45 days Illinois-Wisconsin boundary, and on the within 8 hours after he consumes any to submit written comments, suggestions, west by longitude 88°30'00" W.,” is sub­ alcoholic beverage. or objections regarding the proposed stituted therefor. Interested persons have been afforded amendment. 9. In the St. Louis, Mo., transition an opportunity to participate in the No objections have been received and area, all after “Scott AFB (latitude making of these amendments by notice the proposed amendment is hereby 38°32'30" N., longitude 89°51'05" W .);” of proposed rule making (Notice 70-22) adopted without change and is set forth is deleted, and “excluding the portion issued on June 8, 1970, and published in below. overlying the State of Hlinois; that air­ the F ederal R egister on June 12, 1970 space extending upward from 2,500 feet (35 F.R. 9217).. The Notice was issued This amendment shall be effective 0901 MSL within the area bounded on the upon a petition dated January 6, 1970 G.m.t., January 7, 1971. northeast by the southwest edge of from the Aircraft Owners and Pilots As­ (Sec. 307(a), Federal Aviation Act of 1958, V-335, on the east by the Missouri- sociation that requested the adoption of 49 U.S.C. 1348; sec. 6(c), Department of Hlinois boundary, on the south by the the rule. Due consideration has been Transportation Act, 49 U.S.C. 1655(c)) north edge of V-190 and on the west by given to all comments presented in re­ Issued in Kansas City, Mo., on Octo­ the east edge of V-9; and that airspace sponse to the notice. ber 14, 1970. extending upward from 4,500 feet MSL Approximately 70 comments received, Edward C. Marsh, within the area bounded on tlje north in response to the notice, in the majority Director, Central Region. by the south edge of V-88, on the north­ support the FAA’s objectives stated in east by the southwest edge of V-9W, on the notice! A number of commentators Section 71.181 (35 F.R. 2134), is the south by the north edge of V-72, were concerned with the problem of en­ amended as follows: on the west by a line 5 miles west of and forcement, some asserting that the 1. An Illinois transition area is addedparallel to the St. Louis VORTAC 200° present rule prohibiting a person from as follows: radial, and on the northwest by the acting as a crewmember while under the I ll in o is southeast edge of V-238; within the area influence of intoxicating liquor, plus the That airspace extending upward from 1,200 bounded on the north by the south edge rules governing careless or reckless op­ feet above the surface within the boundary of V-12, on the southeast by the north­ eration, were sufficient to cover all exi­ of the State of Illinois. west edge of V-14N, on the southwest by gencies. However, the FAA believes that 2. The following transition areas arethe northeast edge of V-175, and on the the rule now being issued will provide an altered by deleting the portions which northwest by a line 5 miles southeast of additional regulatory means to deter per­ designate airspace with a floor of 1,200 and parallel to the Jefferson City, Mo., sons from serving as a crewmember too feet above the surface or higher. VOR 041° radial, and within the area soon after or while drinking. bounded on the northeast by the south­ Centralia, 111. Olney, HI. Several of the commentators, both for Decatur, 111. Salem, HI. west edge of V-52 and the Missouri-Hli- and against the proposal, asserted that Harrisburg, HI. Rantoul, HI. nois boundary, on the south by the north the rule should provide for a longer Jacksonville, HL Peoria, 111. edge of V-4N, and on the northwest by period of abstention than proposed, such Macomb, HI. Cape Girardeau, Mo. the southeast edge of V-63,” is substi­ as 12 hours. Thus, one commentator as­ Marion, 111. Springfield, 111. tuted therefor; serted that the proposed rule would be Mattoon, HI. 10. The Quincy, HI., transition area is undesirable because air carrier policies 3. In the Chicago, HI., transition area, amended to read: and practices providing for longer “excluding the portion which overlies the Qtjinct, III. periods of abstinence go beyond the pro­ posal, and the proposal would therefore States of Illinois and Indiana.” is added. That airspace extending upward from 700 4. In the Rockford, HI., transition area feet above the surface within 5 miles north­ tend, in his opinion, to undermine those “on the south by latitude 41°55'00" N.” west and 8 miles southeast of the Quincy policies and practices. The FAA has care­ is deleted and “on the south by the Illi­ IL/S localizer southwest course, extending fully considered what time limit should nois-Wisconsin boundary,” is substituted from 4 miles northeast to 12 miles southwest be proposed and has concluded that an therefor. of the OM; and that airspace extending up­ 8-hour rule is appropriate for the deter­ ward from 1,200 feet above the surface west rence and enforcement purposes in­ 5. In the Moline, HI., transition area of the Illinois-Missouri boundary within a volved, as a “rock bottom” minimum “on the east by longitude 89°50'00" W., 13-mile radius of the Quincy VORTAO. on the south by latitude 41°10'00" N.,” is beyond which safety would be jeopard­ deleted and “on the southeast by the 11. In the following transition areas, ized. It must be clearly understood that Illinois-Iowa boundary,” is substituted “excluding the portion which overlies the these amendments are not intended to therefor. State of Hlinois” is added: induce, in any manner, the relaxation of any stricter rules that a number of air .6. In the Burlington, Iowa, transition Cairo, HI. Paducah, Ky. carriers and other operators of aircraft area, all after “within 1,200 feet above Keokuk, Iowa. Sikeston, Mo. Dubuque, Iowa. have in effect. The FAA is by no means the surface” is deleted and “west of the endeavoring to indicate that longer time Iowa-Hlinois boundary within a 14-mile 12. The following transition areas are limits should not be self-imposed, or radius of Burlington Municipal Airport,” deleted: should be disregarded, by these aircraft is substituted therefor. Bible Grove, HI. Vandalla, HI. operators.

.FEDERAL REGISTER, VO L 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 RULES AND REGULATIONS 17037 Likewise, it should be noted that the certificated thereunder to provide the tator recommended that in addition to discussions of alcohol and flying, in the Administrator with copies of wet lease those items proposed there should be notice and herein, are not intended to agreements made with »other persons added the intent of the parties as ex­ indict pilots and other crewmembers as operating large airplanes. In addition, it pressed in the lease. To avoid any un­ a group. The primary concern, in issuing provides for amending the operations intended restriction, this amendment an additional regulation, is not with re­ specifications to indicate those regula­ adds a sixth category of consideration sponsible crewmembers, but with the tions the Administrator determines to encompass any other factor the Ad­ small marginal group for whom it is govern operations conducted under such ministrator considers relevant to a needed. The PAA believes that the regu­ agreements. proper determination of which party is lation will serve as a deterrent for some This amendment is based on a notice responsible for the operation. Under this of the latter group and, when necessary, of proposed rule making (Notice 69-13) provision, the Administrator may con­ will be helpful in the enforcement of the published in the F ederal R egister on sider the intent of the parties. regulations against others of this group. March 22, 1969 (34 F.R. 5552). Seven Comment was received questioning the Several commentators asserted that a commentators responded to the notice need for submission of a lease agreement more precise method of measuring in­ and their views are discussed below. that involved only Part 121 certificate toxication, such as breath or blood tests, The major concern voiced by those holders, the commentators recommend­ should be included in the regulations. commentators opposed to the proposal ing that a distinction should be made be­ The PAA expects to continue its studies was that short-term or emergency tween that type of lease and one be­ with respect to alcohol and flying, and leases, designed to meet immediate tween a Part 121 certificate holder and a the related matters of publicity, educa­ needs, would be impossible to effect due Part 91 or Part 129 certificate holder. It tion, and regulatory establishment of to the proposed administrative procedure was suggested that in the former case no specific blood alcohol levels. for authorization of lease arrangements, submission is required inasmuch as Part The phrase “under the influence of in­ and the time that procedure would re­ 121 would apply regardless of which toxicating liquor" has been used in quire. These commentators state that party was subsequently deemed to have § 91.11(a) and its predecessor provision, with these leases so burdened, the flexi­ operational control. In addition, one § 43.43 of Part 43 of the Civil Air Regu­ bility which they consider vital for commentator suggested that if the FAA lations, to denote the prohibited condi­ meeting their short-term or emergency considers it necessary to have submission tion. The phrase “under the influence of needs will be adversely affected. In this of data from two Part 121 certificate alcohol” is used instead in the revision of connection, they suggest that, rather holders, the parties should merely be re­ this paragraph. The term “alcoholic than adopt this proposal as a require­ quired to submit a list of their individual beverage" has been used in § 121.575 of ment applicable to all leases, the FAA responsibilities. the Federal Aviation Regulations as well should exempt the short-term or emer­ The FAA has concluded that these as predecessor provisions from which it gency lease. recommendations will not solve the prob­ was recodified, to denote the item there The purpose of this amendment is to lem of enabling the FAA to review a denied to a person on board an aircraft enable the FAA to review lease arrange­ lease arrangement prior to the conduct unless served by the certificate holder. ments so that it may positively be ascer­ of an operation pursuant thereto. The The term "alcoholic beverage" will now tained, prior to an operation, which FAA has determined that such a review be used in § 91.11(a) (1) for consistency. party to the lease is responsible for the is necessary in the interest of safety, and In consideration of the foregoing, and conduct of that operation and which the fact that two Part 121 certificate for the reasons stated in Notice 70-22, Federal Aviation Regulations govern. It holders are involved, with no attendant paragraph (a) of § 91.11 of the Federal is the opinion of the FAA that in order need to determine applicable regulations Aviation Regulations is amended, effec­ to effectively carry out this purpose the between different parts, does not lessen tive December 5, 1970, as follows: amendment should apply to all wet lease this necessity. § 91.11 Liquor and drugs. arrangements. If, in fact, the short-term One commentator suggested that or emergency lease does make up a signif­ rather than adopting a procedure based (a) No person may act as a crewmem­icant'number of all leases entered into, upon submission of data and subsequent ber of a civil aircraft— then this is all the more reason for a approval of leases by the Administrator, (1) Within 8 hours after the con­ clear determination, prior to the opera­ the regulation should be based on an sumption of any alcoholic beverage; tion, of which party is responsible under operational control test setting forth cri­ (2) While under the influence of alco­ the Federal Aviation Regulations for the teria that would enable the parties to the hol; or conduct of it. The agency is confident lease to determine which of them was re­ (3) While using any drug that affects that it can fulfill its responsibilities for sponsible for conducting the operation. his faculties in any way contrary to administering the regulation in a timely The FAA is not adopting this recom­ safety. manner so that any inconvenience to mendation because it would not solve the * * * * * certificate holders will be held to a problem to which this regulation is ad­ (Secs. 313(a), 601, Federal Aviation Act ol minimum. However, the FAA will eval­ dressed. In the past, the determination 1958; 49 TJ.S.C. 1354(a), 1421; sec. 6(c), De­ uate the effectiveness of the regulation, as to which party to a lease was respon­ partment of Transportation Act; 49 U.S.C. and its administration of it, and in the sible for the conduct of an operation 1655(c)) light of that experience will revise the thereunder has been made after the fact, Issued in Washington, D.C., on Octo­ regulation if appropriate. when it was too late for the FAA to review ber 30,1970. Two commentators stated that, as pro­ the operation. Therefore, the FAA has J. H. Shaffer, posed, the requirement was not clear as concluded that it is in the interest of Administrator. to whether all leases or merely wet leases safety for a prior determination as to [F.R. Doc. 70-14899; Filed, Nov. 4, 1970; were covered. It was the intent of the which party to the lease Is responsible 8:49 a.m.] FAA in the notice to apply this amend­ for conducting the operation to be made ment to wet leases only (those leases by the agency, rather than leaving it up (Docket No. 9490, Arndt. 121-70] where the lessor provides both airplane to the parties to decide. For the same rea­ and at least a pilot flight crewmember). sons, the FAA is not adopting the recom­ PART 121-CERTIFICATION AND OP­ In order to clear up any possible misun­ mendation that, rather than require prior ERATIONS; DOMESTIC, FLAG, AND derstanding, the language has been re­ examination and approval of a lease ar­ SUPPLEMENTAL AIR CARRIERS AND vised to clearly indicate that only wet rangement, the agency examine the lease after the fact with the presumption that COMMERCIAL OPERATORS OF leases are covered, and that any wet lease arrangement involving a Part 121 cer­ the lessor has responsibility for the LARGE AIRCRAFT tificate holder is within the subject operation until the Administrator sub­ Leasing of Aircraft by Certificate requirements. sequently determines otherwise. Holders Comments were received with regard Finally, a comment was received ob­ to the proposed items the Administrator jecting to the provision for the amend­ P Purpose 0f this amendment to would consider in making his determina­ ment of the operations specifications of art 121 of the Federal Aviation Regu­ tion as to which party to the lease is the party found by the Administrator to lations is to require certificate holders conducting the operation. One commen­ be conducting the operation because it FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17038 RULES AND REGULATIONS

was felt that economic hardship would [Docket No. 10663, Arndt. 198-1] the guidance of building owners and result from operations delayed pending PART 198— WAR RISK INSURANCE managers, architects, and equipment such action. As discussed previously, it manufacturers. The prbposed regula­ is the opinion of the FAA that delays, Increase in Binding Fees tions formulated criteria and require­ if any, will be minimal and that the ments for the establishment of vertical entire procedure as proposed will lead to The purpose of these amendments to improved mail service (VIM) in office effective advance planning by the certifi­ Part 198 of the Federal Aviation Regula­ buildings ; and prescribed procedures for cate holders concerned and result in tions is to increase the amounts of bind­ Departmental approval of VIM equip­ leasing arrangements which will reduce ing fees for hull and liability war risk ment and systems. or avoid the administrative problems insurance issued pursuant to title x t it Interested persons were given 30 days several of the commentators foresee. of the Federal Aviation Act of 1958 (49 U.S.C. 1531-1542). within which to submit comments on the Interested persons have been afforded proposed regulations. After considera­ an opportunity to participate in the In view of the experience of the FAA to tion of all comments received, it has been making of this amendment, and due con­ date and future forecasts, the binding determined to adopt the proposed regu­ sideration has been given to all relevant fees provided for in Part 158 (established lations, with modifications. matter presented. in 1953) are not sufficient to keep the war Section 155.7 (a), (b), and (c) have In consideration of the foregoing, Part risk insurance program completely on a been redesignated as §§ 155.17, 155.18, 121 of the Federal Aviation Regulations self-sustaining basis as contemplated. and 155.19, respectively. The chief modi­ is amended, effective December 5, 1970, The revenues from the binding fees for fication, however, relates to proposals by adding a new section immediately the fiscal year 1968 through 1970 have set out in § 155.7(c) (6) of the cited Fed­ after § 121.5 to read as follows: consistently and significantly fallen eral R egister document. There it was § 121.6 Leasing o f aircraft. short of meeting the administrative proposed that the Department would expenses. authorize installation of not more than (a) Prior to conducting operations, Accordingly, these amendments in­ three VIM mechanical systems for an each certificate holder must provide the- crease the binding fee per aircraft for actual service test period. Under the Administrator a copy or a written mem­ war risk hull or war risk liability (ex­ modification this proposal is changed, orandum of the terms of any leasing clusive of cargo liability) insurance from so that the Department will authorize arrangement whereby the certificate $100 to $200, and for war risk carriers the installation of one VIM mechanical holder agrees to provide an aircraft and liability to cargo insurance from $25 to system for a test period. (See § 155.19 at least a pilot flight crewmember to $50. It is anticipated that these binding (f).) In addition, provisions requiring another person. fees, as increased, will place the pro­ manufacturers of VIM mechanical sys­ (b) Upon receiving a copy of an agree­ gram on a self-sustaining basis. tems to provide installation and in­ ment, or a written memorandum of the Since these amendments relate to demnity bonds (§ 155.7(c) (6), (7), of the terms thereof, the Administrator deter­ agency management, procedures, and notice of proposed rule making) have mines which party to the agreement is practices, notice and public procedure been deleted. conducting the operation and issues an thereon are not required, and they may Accordingly, the following amend­ amendment to the certificate holder’s be made effective in less than 30 days. operations specifications containing the ments to Title 39, Code of Federal Reg­ following: In consideration of the foregoing, Part ulations, are hereby made, to be effec­ (1) The names of the parties to the 198 of the Federal Aviation Regulations tive on the 30th day after the date of is amended as follows, effective Novem­ this publication in the F ederal R egister. agreement and the duration thereof. ber 4,1970: (2) The nationality and registration Manufacturers and other persons con­ numbers of each aircraft involved in the 1. By striking out the figure “$100.00” cerned are authorized to follow these agreement. wherever it occurs in §§ 198.102 and regulations immediately upon publica­ (3) The type of operation (e.g. sched­ 198.202, and in paragraphs (a), (b), and tion in the F ederal R egister, if they so uled, passenger, etc.). (c) of Appendix A, and substituting the desire. (4) The areas of operation. figure “$200.00” therefor. In Part 155, add §§ 155.7,155.17,155.18, (5) The regulations of this chapter 2. By striking out the figure “$25.00” and 155.19, reading as follows: applicable to the operation. wherever it occurs in § 198.302, and in § 155.7 Business mail delivery* (6) A statement of the economic au­ paragraphs (a) and (to) of Appendix E, Business mail delivery is accomplished thority, if available. and substituting the figure “$50.00” most effectively by use of Vertical Im­ (c) in making a determination under therefor. proved Mail (VIM) service. This service paragraph (b) of this section, the Ad­ (Sec. 1307(a), Federal Aviation Act of 1958; may be provided in the form of lockbox, ministrator considers the responsibility 49 U.S.C. 1537(a); sec. 6(a)(3)(C), Depart­ call window, or conveyor service. The under the agreement for the following: ment of Transportation Act; 49 U.S.C. 1655 types of service and the criteria control­ (a)(3)(C); sec. 1.47(b), Regulations of the (1) Crewmembers and training. Office of the Secretary of Transportation, 49 ling their establishment are set forth (2) Airworthiness and performance CFR 1.47(b)) in §§ 155.17-155.19. In all VIM service, of maintenance. the acquisition, installation, mainte­ Issued in Washington, D.C., on Oc­ (3) Dispatch. nance and repair of all space, equipment tober 28,1970. and facilities required by the system used <4) Servicing the aircraft. J. H. S haffer, shall be accomplished at no cost to the (5) Scheduling. Administrator. Government. Failure to maintain the (6) Any other factor the Adminis­ [F.R. Doc, 70-14886; Filed, Nov. 1970; service in accordance with the require­ trator considers relevant. 8:48 a.m.] ments of these regulations may result in (Secs. 313(a), 601, 604, 607, Federal Aviation withholding delivery of mail and requir­ Act of 1958; 49 U.S.C. 1354(a), 1421, 1424, ing that it be called for at the post office 1427, sec. 6(c), Department of Transportation or carrier delivery unit serving the area. Act; 49 U.S.C. 1655(c)) Title 39— POSTAL SERVICE Whenever withholding of delivery is con­ templated, the tenants and the building No t e : The reporting and/or recordkeeping Chapter I— Post Office Department requirements contained herein have been owner, lessee, or manager will be notified approved by the Bureau of the Budget in PART 155— CITY DELIVERY of the proposed action. Except in cases accordance with the Federal Reports Act of emergency, such notice will be given of 1942. Business Mail Delivery in Office at least 30 days before the action is taken. Issued in Washington, D.C., on Oc­ Buildings VIM B usiness Mail D elivery tober 29, 1970. In the daily issue of March 4,1970 (35 R egulation and I nstructions J. H. S haffer, FJR. 4054), the Department published a § 155.17 Vertical improved mail (VIM) Administrator. notice of proposed rule making propos­ lockbox service. IF.R. Doc. 70-14900; Filed, Nov. 4, 1970; ing regulations relating to types of busi­ (a) Conditions concerning installation 8:49 a.m.] ness mail delivery in office buildings, for of receptacles. (1) VIM lockbox service FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 RULES AND REGULATIONS 17039 may be provided in those office buildings distributors of one or more approved de- . door opening shall be provided for call which meet the requirements of this signs of horizontal type mail receptacles. service. section. American Device Manufacturing Co., Steele- (4) Environment conditions. Mailroom (2) The postmaster may approve, after ville, Dl. 62288. environment conditions, including heat, receipt of a written proposal, the instal­ Auth Electric Co., Inc., 34-20 45th Street, light, and air conditioning must be equal lation of office building receptacles and Long Island City, N.Y. 11101. to that provided tenants in the building. a related VIM mailroom. Only proposals Corbin Wood Products, Division of Emhart (5) Doors and locks. A thirty-four which include a tentative plan showing Corp., New Britain, Conn. 06050. inch (34") security type door should be Cutler Mail Chute Co., 76 Anderson Avenue, provided. The door lock may be of match­ location in the building and providing Rochester, N.Y. 14607. for one receptacle for each tenant will Dura Steel Products Co., Post Office Box ing hardware provided that tumblers are be considered. After review the post­ 54175, Los Angeles, Calif. 90054. reset and the post office controls all keys. master will endorse his approval or dis­ Florence Manufacturing Co., Inc., 848-864 (6) Access. Provision shall be made for approval upon the proposal and return North Larrabee Street, Chicago, 111. 60610. a carrier to have access to the mailroom it. Keyless Lock Co., Inc., 6790 East 32d Street, between 5 a.m. and 6 p.m. Indianapolis, Ind. 46226. (b) Installation. (1) Receptacles § 155.19 VIM conveyor service. should be located near the entrance in (f) Obtaining approval for receptacles vestibules, halls, lobbies, or mailrooms. design. Persons interested in obtaining (a) Eligibility requirements. (1) VIM Rear loading receptacles housed in a approval of an office building receptacle conveyor service may be extended to VIM mailroom should be provided wher­ design must submit a horizontal style, those office buildings meeting the re­ ever a building may have 11 or more four gang unit (two over two) of the re­ quirements of this section. tenants. The carrier must be able to ceptacle to the Post Office and Delivery (2) The Regional Director may ap­ serve the boxes without interference Services Division, Bureau of Operations, prove, after receipt of a written applica­ from swinging or opening doors. The area Post Office Department, Washington, tion, the installation of a VIM mechani­ must be adequately lighted so as to afford D.C. 20260, for examination. The unit cal system. Consideration will be given the best protection to the mail and to must be complete with individual door only to applications which are accom­ enable carriers to read addresses on mail locks and provide for an arrow lock in the panied by a tentative plan showing loca­ and names on boxes easily. master door. If rearloaded, a door or tion of the mechanical system and the (2) The distance from the finished screen on the back of the sample unit is mailroom space. The Regional Director floor to the tenant locks on the top tier not necessary. will endorse his approval or disapproval of receptacles should be no more than upon the application and return it to the (g) Specifications for construction of applicant. 66 inches, and to the bottom of the low­ receptacles. Specifications for construc­ est tier no less than 10 inches and prefer­ (b) VIM mechanical system require­ ably not lower than 30 inches. tion of receptacles shall be identical to ments. (1) The mechanical system must (3) Installation of boxes at two or those for Type EE, horizontal apartment accept locked containers at a rate of not more entrances to a building will not be house receptacles as prescribed in § 155.6 less than eight per minute and must be approved. (b), except that the inside dimensions of capable of transporting them vertically (4) Rear loading receptacles will be receptacles shall be a minimum 5 % at a rate of not less than 75 feet per served from a mailroom behind the lock- inches in height, IOV2 inches in width, minute. boxes. The mailroom should run the and 16 inches in depth. (2) The inside dimensions of con­ length of the bank of boxes and should §155.18 VIM call window service. tainers shall not be less than 12" x 16" have at least 3 feet of unobstructed work (a) Eligibility requirements. (1) VIM x 6". space from the rear of the units to the call window service may be extended to (3) The mechanical system shall ac­ wall. Where one or more carriers will be those office buildings which the post­ cept and discharge containers without based on site, an additional work area master determines merit such service. carrier or tenant effort other than plac­ the equivalent of 80 square feet per car­ ing containers in load position and rier should be included in the mailroom. (2) The postmaster may approve, actuating controls. (c) Directories. (1) In existing office after receipt of a written application, VIM call window service. Consideration (4) The mechanical system design buildings having 11 or more receptacles, may permit use of the system for pur­ a complete directory of all firms or per­ will be given only to applications which are accompanied by a tentative plan poses other than mail transportation. sons receiving mail must be maintained. (5) The system shall have either an (2) Directories must be alphabetical showing the size and location of the by firm or surname and must be kept mailroom, and the proximity to the load­ adequate accumulating device in the cen­ ing-unloading area the carrier will use. tral mailroom that will accept and hold correct to date. containers of outgoing mail dispatched (3) The directory must be legible and The postmaster will endorse his approval located where it can be read easily by or disapproval upon the application and by tenants, or an adequate automatic return it. mechanism that will empty the contain­ the postal employee. ers into a wheeled canvas basket. (d) Maintenance and repair. (1) The (b) VIM mailroom—(1) Location. The owners, lessees, or managers of buildings mailroom shall be for the exclusive use (6) An accumulating device of suffi­ must keep receptacles in good repair. of duly authorized personnel. It should cient size shall be provided in each serv­ When an inside letter-box arrow lock is be located on the building entrance level ice mailroom to provide space for each no longer needed, the owners, lessees, or used most by persons employed in the tenant served by it if containers are not managers must immediately notify the building, and should be as near the ele­ conveyed to offices of individual tenants. postmaster so that a postal employee can vators and the building loading-unload­ (c) Central mailroom. (1) Central be detailed to supervise removal of the ing area as practicable. Mailroom space mailroom requirements shall be as listed lock from the master door for return to may be approved for use at other levels in subparagraph (2) of this paragraph the post office. when necessary. except as described herein. A tentative (2) Upon receiving a report of lack of (2) Space. The minimum VIM call plan for a central mailroom must be sub­ repair or irregularity in the operation of window space requirement for an office mitted to the postmaster for approval. office building receptacles, postmasters building is 100 square feet. As a guide­ (2) Minimum central mailroom space will cause a prompt investigation to be line for planning a new office building the requirements shall be 400 square feet for made and will specify repairs which must Post Office Department’s experience in­ the first 50 tenants, plus 135 square feet made. Repairs must be made only dicates 100 square feet of mailroom space for each additional 50 tenants. when a representative of the post office and one carrier will be required for each (d) Service mailrooms. (1) A service is present. Persons other than postal em­ 100,000 square feet of office space up to mailroom shall be provided on each ployees may not open receptacles and 500,000, plus one carrier for each addi­ multitenant floor unless containers are expose mail. tional 200,000 square feet of office space. mechanically conveyed to tenant offices. ^M anufacturers and distributors. (3) Service window. A window, a Depending on the system used, a service iCSi .e convenience of customers, the Dutch door with ledge, or a portable desk mailroom may require no more than oilowing is a list of manufacturers and or table that may be placed across the 5' x V area.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17040 RULES AND REGULATIONS

(2) If a stacking mechanism which would advise the filing party of the Com­ tial refund obligations, effective as of the will accommodate from 8 to 19 contain­ mission docket number and the effective issuance of this order. This floor would ers is used, a 7' x 8' service mailroom date relating thereto. We also proposed apply to all sales currently being made will be required. to establish refund floors for all vintages pursuant to stay orders at rates above (e) Mail security requirements. (1) of gas sold in southern Louisiana. Fi­ those set in Opinion No. 546 as well as Except as provided in subparagraph (2) nally, we proposed that where pipeline to increased rate filings made subsequent of this paragraph, the containers shall purchasers file rate increases limited to to the issuance of this order. Many of be capable of being locked. Each tenant tracking producer increases, we would the producers contend that this provision will be provided keys to the locks of lids waive, where necessary, the requirement should be effective as of October 1, 1968, or containers assigned to him. The car­ for supporting schedules under § 154.63 of the effective date of Opinion No. 546. rier will be provided with, a master key the Commission’s regulations under the This contention relates to the propriety that will open all locks. Natural Gas Act provided such schedules of imposing the moratorium in Opinion (2) Mail may be dispatched in a non­ are submitted within 4 months from the No. 546 and has nothing to do with the locking closed container if delivered to date of the pipeline’s increased rate procedures to be followed in lifting the a point accessible only to the appropriate filing. moratorium. It would therefore be tenant. Many of the parties filing comments inappropriate to decide this matter here. (f) Obtaining approval of VIM me­ in Docket No. R-394 have directed their Many sales are currently being made chanical systems. A firm interested in attention to these proposed procedures pursuant to certificate authorizations obtaining approval of a VIM mechanical as invited to do so by the July 30 notice. which contain prohibitions against filing system must submit to the Post Office The pipelines have pointed out that for contractually authorized increases. and Delivery Services Division, Bureau under the proposed procedine of per­ The producers claim that it would be of Operations, Post Office Department, mitting producer increases to become ef­ inequitable to continue the prohibition Washington, D.C. 20260, specifications fective, subject to refund, 45 days from against increased rate filings for sales and drawings for a system, containers, the date of filing, it might be necessary under such certificates while permitting and container accumulating device for for the pipelines to make tracking filings them elsewhere. Some of these conditions use in the central mailroom. If the speci­ every day. To avoid this problem they were inserted prior to the issuance of fications and drawings appear to be urge us to set a time limit for producer Opinion No. 546 pending its issuance and satisfactory, the Bureau of Operations rate filings and to establish a single ef­ the remainder were inserted pursuant to will authorize installation of a VIM fective date for all such filings. We agree the moratorium provisions of that opin­ mechanical system for testing to assure with the position advanced by the pipe­ ion. Absent a general waiver of ,these that it is serviceable and meets the re­ lines and will discuss below the appro­ provisions, each rate increase filing in­ quirements of this section. If, at the end priate time limit for producer filings. volving such a provision would have to be of the test, the system is found satisfac­ The 45-day period originally proposed accompanied by a request for waiver tory, the final approval of the equipment for producer filings does not give the thereof pursuant to the provisions of will be given. pipeline purchasers or their distribution § 1.7 (b) of the Commission’s rules. Since customers adequate time to track such it is our intention that all Commission (5 U.S.C. 301, 39 U.S.C. 501, 6001, 6003, 6105) filings. For this reason we believe it more prohibitions of rate increase filings in D avid A. N elson, appropriate to provide a 75-day period Southern Louisiana be lifted, it is appro­ General Counsel. after the date of issuance of this order priate that a general waiver of such [F.R. Doc. 70-14874; Filed, Nov. 4, 1970; before producers may collect, subject to prohibitions be granted rather than the 8:47 a.m.] refund, proposed increased rates filed as grant of a waiver in each individual case. a result of the lifting of the moratorium. The Commission finds: The 75-day period will apply only to (1) Any proposed increased rate in those filings made by producers within excess of the applicable ceiling pre­ Title 18— CONSERVATION OF 30 days of the date of issuance of this scribed in Opinions Nos. 546 and 546-A order. Producer filings made thereafter may be unjust, unreasonable, unduly will be subject to the normal Commis­ discriminatory, or preferential or other­ POWER AND WATER RESOURCES sion suspension procedure. wise unlawful. Accordingly, any above Chapter I— Federal Power A pipeline which is not authorized to ceiling rate filed subsequent to the is­ Commission track rate changes of its suppliers as to suance of this order, and within the time gas from southern Louisiana will be per­ limit prescribed herein, should be sus­ [Docket No. AR69-1 ] mitted to file-a rate increase application pended pursuant to the terms and PART 2— GENERAL POLICY AND to track supplier rate changes; for such conditions of this order. INTERPRETATIONS purposes the data requirements of (2) Good cause exists for waiving § 154.63 of the Commission’s regulations § 154.63 of the Commission’s regulations PART 154— RATE SCHEDULES AND will be waived if the pipeline filing such under the Natural Gas Act and § 2.52, TARIFFS a rate adjustment submits working Part 2, General Policy and Interpreta­ papers with the filing showing the com­ tions of the Commission’s general rules Increased Rate Filings putation thereof. We shall also waive, and for waiving any conditions in a tem­ where necessary, § 2.52, Part 2, General porary or permanent certificate pro­ October 27, 1970. Policy and Interpretations, of the Com­ hibiting a producer from filing for a con­ By separate order issued in Docket No. mission’s General Rules, which provides tractually authorized rate increase with R^394 concurrently with the issuance of that during the suspension of a proposed respect to sales from southern Louisiana this order, the Commission has lifted the rate change the underlying effective rate The Commission orders: moratorium on increased rate filings by should not be changed. However, a pipe­ (A) Increased rate filings made within producers in southern Louisiana. In the line filing a rate increase application 30 days of the date of issuance of this subject order we shall establish the pro­ must still give at least 30 days notice as order by producers with respect to sales cedures to be followed in connection with required by section 4(d) of the Natural in southern Louisiana pursuant to the any increased rate filings made as a re­ Gas Act. lifting of the moratorium shall become sult of the lifting of the moratorium Many of the producers argue that they effective, subject to refund, 75 days after within the time limitations prescribed should be permitted to collect the higher the date of issuance of this order without herein. rates which they file for as of the date of any further action by the producers in­ In the notice of proposed rulemaking issuance of this order. However, as indi­ volved or the Commission. The Secre­ issued July 30, 1970 in Docket No. R-394, cated above, such a procedure would not tary shall advise the filing party of the we proposed that any increased rate fil­ give the pipelines or their customers ade­ docket number of the proceeding. ings made pursuant to the lifting of the quate time to track the producer filings. (B) Any refunds which may herein­ moratorium would become effective, sub­ We shall therefore deny this request. after be ordered for any sales of natural ject to refund, 45 days after the date of In the July 30 notice we indicated that gas made by any producer in southern filing. We indicated that the Secretary we would provide a limitation on poten­ Louisiana after the date of issuance of

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 RULES AND REGULATIONS 17041 this order shall be limited to amounts (18 CFR 154.105 (f) and (g)) and order­ cedural requirements therefor as pre­ collected above the rate or rates as de­ ing paragraph (B) of Opinion No. 546-A scribed in section 553, title 5 of the termined in Docket No. AR69-1, except (41 FPC 301 at 340). United States Code. Since the action for new gas sales under contracts dated In response to the notice comments taken herein relieves a restriction pre­ after June 17, 1970. Any refunds which have been filed by a number of inde­ viously imposed on producers, compli­ may hereafter be ordered for new gas pendent producers and pipeline pur­ ance with the effective date require­ sales under contracts dated after June chasers operating in southern Louisiana, ments of 5 U.S.C. 553(d) is unnecessary. 17,1970, shall be limited to amounts col­ by the Independent Natural Gas Associa­ (2) The action taken herein is neces­ lected above the rate or rates as deter­ tion of America, by Associated Gas Dis­ sary and appropriate for the admin­ mined in Docket No. AR69-1 or in Docket tributors (AGD), by the Municipal istration of the Natural Gas Act. No. R-389A, “Initial Rates for Future Distributors Group (MDG), and by the The Commission, acting pursuant to Sales of Natural Gas for All Areas,” Public Service Commission of the State the provisions of the Natural Gas Act, whichever is higher. of Wisconsin (Wisconsin).1 All of the particularly sections 4, 5, 7 and 16 (52 (C) The provisions of § 154.63 of the producers and pipelines favor the lifting Stat. 822, 823, 824, 825, 830; 56 Stat. Commission’s regulations under the Nat­ of the moratorium. Only MDG, AGD, and 83, 84; 61 Stat. 459; 76 Stat. 72; 15 ural Gas Act are waived to permit pipe­ Wisconsin oppose the proposed action. U.S.C. 717c, 717d, 717f and 717o) orders: MDG and Wisconsin contend that the (A) Effective as of the date of issu­ line companies to file rate increase appli­ moratorium provided in Opinion No. 546 ance of this order, paragraphs (f) and cations to track producer rate increases (g) of § 154.105, Area rates; Southern filed pursuant to the time limitations in and 546-A should not be lifted based on this order; such tracking applications data which has not been tested in an Louisiana area, in Part 154, Chapter I, may be filed by pipeline purchasers or by evidentiary hearing. AGD urges that the Title 18 of the Code of Federal Regula­ pipelines purchasing from such pipeline moratorium issue be decided far Docket tions, and ordering paragraph (B) of purchasers which are not authorized to No. AR69-1, possibly utilizing an interim Opinion No. 546-A, 41 FPC 301 at 340, track rate changes of their suppliers order procedure. AGD also requests that are revoked. with regard to gas from southern Loui­ consideration be given to imposing (B) The Secretary of the Commission siana: Provided, That pipelines filing limitations on producer price increases shall cause prompt publication of this such an adjustment submit working pa­ if the moratorium is lifted and suggests order to be made in the F ederal R egis­ that the cost data in Docket No. AR69-1 ter. pers with the filing showing the com­ might be appropriate for such purposes. putation thereof, and: Provided further, By the Commission. That the rate or rates as revised by such In the July 30 notice we noted that there are positive indications of a wors­ [seal] K enneth F. P lumb, rate increase applications shall be col­ ening supply situation with new findings Acting Secretary. lected subject to reduction and refund of gas falling below production in suc­ from the effective date of such increased 2 [F.R. Doc. 70-14850; Filed, Nov. 4, 1970; cessive years, that there are also indi­ 8:45 a.m.] rate or rates. cations of a sharp drop in the level of (D) Section 2.52, Part 2, General Pol­ gas exploration during 1968 and 1969 icy and Interpretations, of the Commis­ which has an adverse impact on future [Dockets Noe. R-371, etc.] sion’s general rules is waived so as to gas supplies, and finally that there are permit the filing of a rate increase ap­ indications of cost increases which have PART 154— RATE SCHEDULES AND plication to track producer rate increases affected the amount of funds devoted to TARIFFS filed pursuant to the time limitations in the industry’s exploratory effort. In view this order by a pipeline purchaser or by a of these changed circumstances, we be­ PART 157— APPLICATIONS FOR CER­ pipeline purchasing from such a pipeline lieve it important to lift the moratorium TIFICATES OF PUBLIC CONVEN­ purchaser where the pipeline has a pro­ promptly. It is neither necessary nor de­ IENCE AND NECESSITY AND FOR posed increased rate or rates under sus­ sirable in this particular type of situa­ pension at the time of such tracking ORDERS PERMITTING AND AP­ tion to await the results of an eviden­ PROVING ABANDONMENT UNDER application. tiary hearing before taking positive (E) Notwithstanding any condition to action. Rate increases will continue to SECTION 7 OF THE NATURAL GAS the contrary in any temporary or per­ be collected subject to refund. Nor is ACT manent authorization issued with re­ there adequate justification for imposing Appalachian Basin and Illinois Basin spect to any sale by a producer in the any additional limitation on the level to which producers may file, aside from Area Rates; Small Producer Certifi­ southern Louisiana area, the producer contract limitations inherent in the vari­ cates of Public Convenience and thereunder may file for any contrac­ ous producer contracts. Necessity; Correction tually authorized increase in rate after Shell Oil Co. in its supplemental com­ October 15,1970. the issuance of this order. ments requests the Commission to amend the increased rate level ceiling for all Area rates for the Appalachian and By the Commission. vintage contracts in southern Louisiana Illinois Basin areas, Docket No. R-371, [seal] K enneth F. P lumb, .set forth in § 2.56, Part 2, General Pol­ Ashland Oil «/Refining Co. et al., Docket Acting Secretary. icy and Interpretations, of the Commis­ No. RI66-211 et al. In the opinion and order establishing [P.R. Doc. 70-14923; FUed, Nov. 4, 1970; sion’s General Rules (18 CFR 2.56). 8:51 a.m.] Shell’s proposal is outside the scope of just and resonable rates, issued Octo­ the subject rulemaking proceeding. Ac­ ber 2, 1970, and published in the F ederal cordingly, its request is denied. R egister October 14, 1970, 35 F.R. 16077, [Docket No. R-394; Order 413] The procedures which will be utilized page 16082, second full paragraph, line PART 154— RATE SCHEDULES AND as a result of the lifting of the mora­ 9, change “Docket No. RI61-308” to read torium will be discussed in a separate “Docket No. RI61-24”. Change last sen­ TARIFFS order issued concurrently with this tence to read: “And we shall terminate Termination of Moratorium Provisions order. the refund conditions in the initial cer­ ■n Southern Louisiana The Commission finds: tificates issued to Wyckoff Development (1) The notice and opportunity toCo.; Cabot Corp., and Commonwealth October 27, 1970. participate in this rulemaking proceed­ Gas Corp. in Dockets Nos. CI68-1097, The Commission on July 30, 1970, is­ ing through the submission, in writing, G018118, and CT71-120, respectively, sued a notice of proposed rulemaking of data, views, comments, and sugges­ since the rates involved there do not tions are in accordance with all pro- exceed the ceilings established by this in this proceeding (35 F.R. 12559, Au­ rulemaking.” gust 6,1970) proposing to terminate the K enneth F. Plumb, 1 Mobil Oil Corp. and Wisconsin filed their Acting Secretary. moratorium provided in paragraphs (f) comments 2 days after the deadline pre­ and (g) of § 154.105 of the Commission’s scribed in the July 30 notice. Despite the late [F.R. Doc. 70-14852; Filed, Nov. 4, 1970; regulations under the Natural Gas Act filings, we shall consider their comments. 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 No. 216----- 3 17042 RULES AND REGULATIONS

dent by Executive Order No. 10289, Sep­ state Air Quality Control Region, Is Title 36— PARKS, FORESTS, tember 17, 1951, as amended by Execu­ adopted effective on publication. tive Order No. 10882, July 18, 1960 (3 AND MEMORIALS CFR Ch. ID, and pursuant to the au­ § 81.91 Jacksonville (Florida)— Bruns­ thorization provided by Treasury Depart­ wick (Georgia) Interstate Air Qual­ Chapter I— National Park Service, ment Order No. 190, Rev. 7, September 4, ity Control Region. Department of the Interior 1969 (34 F.R. 15846) , I declare that the The Jacksonville (Florida)—Bruns­ foreign discriminating duties of tonnage wick (Georgia) Interstate Air Quality PART 50— NATIONAL CAPITAL and impost within the United States are Control Region consists of the territorial PARKS REGULATIONS suspended and discontinued, so far as area encompassed by the boundaries of Park-Use Permit System for Public respects vessels of the Government of the following jurisdictions or described Ceylon, and the produce, manufactures, area (including the territorial area of all Gatherings or merchandise imported into the United municipalities (as defined in section By notice of rule making published in States in such vessels from Ceylon or 302(f) of the Clean Air Act, 42 U.S.C. the F ederal R egister, October 2, 1970 from any other foreign country. This sus­ 1857h(f) geographically located within (35 F.R. 15393), it was announced that pension and discontinuance shall take the outermost boundaries of the area so the regulations governing public gather­ effect from October 1, 1979, and shall delimited): ings in the National Capital Parks at 36 continue for so long as the reciprocal In the State of Florida : CFR 50.19 would become effective 30 exemption of vessels wholly belonging to Alachua County. Lafayette County. days from publication. citizens of the United States and their Baker County. Leon County. Pursuant to court proceedings on cargoes shall be continued and no longer. Bradford County. Liberty County. October 30, 1970, and in light of the pre­ In accordance with this declaration, Clay County. Madison County. liminary injunction previously entered § 4.22, Customs Regulations, is amended Columbia County., Marion County. Dixie County. Nassau County, by the U.S. District Court for the District by the insertion of “Ceylon” in the Duval County. Putnam County. of Columbia in A Quaker Action Group appropriate alphabetical sequence in Flagler County. Saint Johns County. v. Hickel (C.A. 688-69) on April 6, 1970 the list of nations whose vessels are Franklin County. Suwannee County. (see 35 F.R. 6599, April 24, 1970) , the exempted from the payment of any Gadsden County. Taylor County. effective date of these new regulations higher tonnage duties than are appli­ Gilchrist County. Union County. is postponed to November 15, 1970. In cable to vessels of the United States Hamilton County. Wakulla County. the meantime, the holding of public and from the payment of light money. Jefferson County. gatherings in park areas under National (80 Stat. 379, R.S. 4219, as amended, 4225, In the State of Georgia: Capital Parks administration remains as amended, 4228, as amended, sec. 3, 23 Camden County. Glynn County. subject to the 15-day advance notice Stat. 119, as amended; 5 U.S.C. 301, 46 U.S.C. requirement, on the appropriate form, 3,121,128,141) (Secs. 107(a), 301(a), 81 Stat. 490, 504; 42 U.S.C. 1857c—2(a), 1857g(a)) specified by the U.S. District Court and [seal] E ugene T. R gssides, the Court of Appeals in the Quaker Dated: October 9,1970. Action litigation (see 35 Fit. 6599, Assistant Secretary of the Treasury. Apr. 24,1970) . [F.R. Doc. 70-14948; Filed Nov, 4, 1970; R obert Perman, 8:52 a.m.] Acting Commissioner, National Dated: October 30,1970. Air Pollution Control Admin- W alter J. H ickel, istration. Secretary of the Interior. Title 42— PUBLIC HEALTH Approved: October 27,1970. [P A Doc. 70-14977; Filed, Nov. 4, 1970; E lliot L. R ichardson, 8:53 a.m.] Chapter I— Public Health Service, De­ Secretary. partment of Health, Education, and [F.R. Doc. 70-14878; Filed, Nov. 4, 1970; Welfare 8:47 a.m.] Title 19— CUSTOMS DUTIES SUBCHAPTER G— PREVENTION, CONTROL, AND Chapter I— Bureau of Customs, ABATEMENT OF AIR POLLUTION Department of the Treasury PART 81—-AIR QUALITY CONTROL Title 47— TELECOMMUNICATION [T.D. 70-234] REGIONS, CRITERIA, AND CON­ Chapter I— Federal Communications TROL TECHNIQUES Commission PART 4— VESSELS IN FOREIGN AND DOMESTIC TRADES Jacksonville, Fla.-Brunswick, Ga., [Docket No. 18801; FCC 70-1163] Interstate Region Special Tonnage Tax and Light PART 73— RADIO BROADCAST Money; Ceylon On August 22, 1970, notice of proposed SERVICES rule making was published in the F ed­ October 26, 1970. eral R egister (35 F.R. 13459) to amend Table of Assignments; FM The Department of State advised the Part 81 by designating the Jacksonville Broadcast Stations Department of the Treasury on October (Fla.)-Brunswick (Ga.) Interstate Air In the matter of amendment oi 1, 1970, that the Department of State Quality Control Region. § 73.202(b), Table of Assignments, FM has obtained from the Government of Interested persons were afforded an Broadcast Stations. (Sioux Center, Iowa; Ceylon satisfactory evidence that no dis­ opportunity to participate in the rule Caruthersville, Mo.; Kerrville, Tex.; criminating duties of tonnage or imposts making through the submission of com­ Bradenburg, Ky.; Steamboat Springs, have been imposed or levied in ports of ments, and a consultation with appropri­ Colo.; Drew, Miss.; Weston, W. Va.; Ceylon upon vessels wholly belonging to ate State and local authorities pursuant Chanute, Kans.;, Mexia, Tex.; Rutland, citizens of the United States, or upon to section 107(a) of the Clean Air Act Vt.; Boone, Iowa; Berlin, N.H.), RM- the produce, manufactures, or merchan­ (42 U.S.C. 1857c-2(a)) was held on Sep­ 1491, RM-1511, RM—1517, RM-1527, RM- dise imported into Ceylon in such vessels tember 16, 1970. Due consideration has 1533, RM-1539, RM-1502, RM-1534, and from the United States or from any for­ been given to all relevant material RM-1556. eign country. presented. Second report and order. 1. This docu­ Therefore, by virtue of the authority In consideration of the foregoing and ment deals with the two matters remain­ vested in the .President by section 4228 in accordance with the statement in the ing in the above-captioned FM “pack­ of the Revised Statutes, as amended (46 notice of proposed rule making, § 81.91, age” proceeding: the proposed assign­ U.S.C. 141), which was delegated to the as set forth below, designating the Jack­ ment of Channel-237A as a first FM Secretary of the Treasury by the Presi­ sonville (Fla.)-Brunswick (Ga.) In ter - channel at Drew, Miss., (RM-1539).

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 RULES AND REGULATIONS 17043 and the Commission’s own proposal to Drew, an alternative would be to reassign ments supporting the proposal urge that delete Channel 241 as a second channel there Channel 232A, now assigned and city’s importance, as an agricultural at Berlin, N.H., since it is short spaced unused at Leland. Channel 296A would center (Sunflower County is the second to an existing station and has not been be assigned at Leland as a replacement.1 richest in the State, and the Associate sought since it was inadvertently in­ This counterproposal was in turn op­ County Agent’s office is at Drew), retail cluded in the Table of Assignments in posed by the licensee of the daytime AM center (78 stores with $1.5 million an­ 1963. The latter proposal was supported station at Leland, expressing his inten­ nual business), as a center of signifi­ in the only comment filed in response tion to apply for the FM channel to cance to a large surrounding area, for to the notice; the Drew proposal was the bring fulltime local service to his area, example with respect to schools, subject of a number of comments, in­ particularly the large Negro population churches, civic organizations and a Na­ cluding a vigorous opposition by Tony P. of the Delta country. tional Guard unit, and the location of Conguista, the licensee of Stations 4. Facts concerning Drew’s size and Federal agencies (FHA and OEO). It WDSK (daytime AM) and WDSK-FM, importance, and available services. also has a commercial airport built with at nearby Cleveland, Miss. Mr. Conguista Drew, Miss., is a community with a 1960 the assistance of Federal funds. Some 12 later withdrew his opposition; but of Census population of 2,143 and a prelim­ letters were filed with the comments, course the factual matters advanced re­ inary 1970 Census population of 2,572,* urging the need for a local radio outlet main for consideration insofar as they with no local broadcast outlet. It is lo­ (in addition to the Drew-originated pro­ are pertinent. cated in the northern part of Sunflower grams presented by Cleveland stations) 2. RM-1539, Drew, Miss. As discussed County (I960 Census population of and local nighttime service. These in­ in footnote 1 of the notice of proposed 45,750, 1970 Preliminary population cluded letters from a State Senator, the rule making herein (FCC 70-176, re­ 36,425). The only broadcast outlets in counsel for the city, the Chamber of leased Feb. 20, 1970), the proposed as­ that county are a commonly owned day­ Commerce, a bank, a farm supply house, signment of Channel 23 7A at Drew pre­ time AM and Class A FM station at a church, 4 civic organizations, and the sented two technical problems: (1) It Indianola, some 25 miles south, the Associate County Agent urging the value would be short-spaced to the existing county seat and largest community. of a local station in disseminating agri­ site of Station WFXM at Jackson, Miss, Drew itself also receives service from cultural information. It is urged that less than the required 105 miles to a one daytime and one Class IV station Drew has become, to a great extent, “the station on adjacent Ch. 238C; and (2) it and Class A FM Station WDSK-FM, at social, cultural, religious, educational would be extremely close to the minimum Cleveland, which is some 12 miles away and governmental center in the area cochannel 65-mile separation to Channel and the county seat of another county which surrounds it.” 273A if assigned to Senatobia, Miss., as (Census populatiori: 1960, 10,172; pre­ 6. In comments and reply comments a replacement for Channel 232A there liminary 1970, 13,079). As noted, there opposing the notice proposal, Mr. Con­ proposed for deletion in another pending is also an unoccupied but applied-for guista vigorously disputes both the im­ rulemaking petition (Millington, Tenn., Class A FM channel at Cleveland. In portance of Drew and its need for a local RM-1469). The first of these problems support of its proposal, Triangle, the outlet. It is asserted that the city already has been resolved by the grant of Drew petitioner, urges that the proposal is the source of some 27 hours a week of WFXM’s application (pending at the would bring a first primary nighttime programs, including 2 hours 6 days a time of the notice) to change transmitter service to .an area to the northeast of week on the Cleveland Class IV station location, so that the distance is now over Drew; this appears to be accurate as far and 3 hours 5 days a week on the Green­ 105 miles. The Millington-Senatobia as present AM and FM facilities áre con­ wood FM station, in addition to 10 hours matter is still pending, now outstanding cerned, but ignores the possibility of in­ per week on WDSK originated *from in Docket 18905; but, in any event, the creased antenna height for the Class C nearby Ruleville, some 6 miles from Drew petitioner, Triangle Broadcasting station at Greenwood, some 28 miles Drew.® It is noted that the Cleveland Co. (Triangle) in its reply comments away, to the level used in FM rule mak­ Class IV station carries many Drew high showed a new site west of Drew (3V^ ing proceedings in evaluating claims of school football and basketball games, miles southwest of the site originally first primary service.4 sponsored sometimes by Drew businesses, proposed) which is some 67.2 mile's from 5. Triangle is a group of Drew resi­ and also a daily religious service by a the Senatobia reference point (farther dents, formed for the purpose of seeking Drew minister (with other Drew church from the site of the AM station there), a local broadcast facility and, appar­ services also presented by Cleveland sta­ and 105.4 miles from the new WFXM ently, without ownership connections tions). It is asked how Drew can be a site at Jackson. Thus, these two technical with other stations in the area. Its com- “cultural” center when it has not even problems have been resolved. a movie house or a weekly newspaper, an 3. Triangle’s request was simply for a 2 Assignment of 232A at Drew, as long as it “educational” center having no college first channel at Drew rather than any is also assigned at Senatobia, would present or junior college, or a “governmental” particular one, and two alternatives to the same considerations as use of 237A in re­ center when Indianola is the county seat 237A were suggested. Mr. Conguista, op­ lation to the Senatobia reassignment, above. with all county and nearly all State and posing; the Drew assignment set forth * U.S. Bureau of the Census, 1970 Census of Federal offices. It is also claimed that in the notice, suggested that Channel Population, Preliminary Report (PC(P1))- Triangle misrepresents the importance 280A, the second FM channel assigned at 26, Mississippi. This gives preliminary figures for the State, each county and each incorpo­ of Drew in ignoring the larger center of Cleveland and up to now unoccupied rated community of 1,000 or more. Indianola, with its two stations, as well (although applied for), could be moved 4 The 1 mv/m contour of WDSK-FM, as claiming (in its petition) that a Drew to Drew and used there.1 The licensees Cleveland, lies slightly beyond Drew, as station would serve a “community” with of WFXM, Jackson (Anne P. McLendon would that of a station there using Ch. 280A. a population of more than 75,000. The and the First National Bank of Jackson) The Class IV AM station at Cleveland serves airport mentioned is claimed to be simply suggested that, in view of the close spac­ nighttime only a small part of the area a a dirt runway actually outside of Rule­ ing involved in use of Channel 237A at Drew FM station would have. With respect ville. Mr. Conguista also asserts the de­ to the Greenwood Class C station, it appears that the engineering statement supporting clining population and agricultural im­ 1 Radio Cleveland, Inc., the licensee of Triangle’s comments used the present facil­ portance of Sunflower County, as shown Class IV facility which is the other ities of the station (100 kw E.R.P., 220 feet by Census and USDA statistics. In a later station at Cleveland, filed an application a.a.t.). Where FM assignments are sought on pleading Triangle disputes some of these Ch. 280A in 1968 (BPH-6473). As a Clas the basis of a first or second primary (1 factual statements, showing inter alia licensee in a city of over 10,000, this p mv/m) service, the standard to be used with would not be eligible for an FM grant in that: (1) The airport in question is a respect to Class C assignments is 75 kw. modern asphalt-paved facility; and (2) same city under the provisions of § 72 E.R.P. and 500 feet a.a.t. See the report and i d11n as ^ ^ e d in March 1970 in Do order in Docket 17095, Goldsboro and there is a weekly newspaper serving Drew 18110, the “one-to-a-market” proceeding. Roanoke Rapids, N.C., 10 R.R. 2d 1777 (1967). Docket 18110 decision is the subject of p< This would give a distance to the Greenwood 'Census population of Ruleville: 1960, ng petitions for reconsideration, inclui station’s 1 mv/m contour of 36 miles, instead 1,902; 1970 preliminary, 2,292. An assignment shm?irt°v.the„effect that any c lass IV sta of the 27 miles shown, and would leave very to Drew could of course be used by a station should be eligible for FM in the same Uttle area within 1 mv/m service. at Ruleville.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17044 RULES AND REGULATIONS and Ruleville, published in Drew. Tri­ Cleveland, would reduce that substantial angle also points out that the 12 hours community to one assignment, as well Title 49— TRANSPORTATION of Drew programing by the Cleveland as requiring the denial of a long-pending Class IV station is of recent origin (since application which may ultimately prove Subtitle A— Office of the Secretary of Apr. 20, 1970), although some had been to be acceptable even though it is Transportation presented in the past; and the 15 hours not under the present multiple-owner­ [OST Docket No. 1, Arndt. 1-39] per week from the Greenwood PM sta­ ship rules. We do not favor such a course tion took place only in February and when there is a practicable alternative. PART 1 — ORGANIZATION AND March 1970, not before or since.8 The second alternative proposed is to DELEGATION OF POWERS AND 7. Conclusions as to the Drew assign­ assign Ch. 232A, by deleting it at Leland DUTIES ment. Upon consideration of the fore­ and replacing it there with Ch. 296A. going, we conclude that the assignment We do not find merit in this approach Delegation of Authority With Respect of Channel 237A as a first PM assign­ when there is a feasible alternative, to Airport and Airway Development ment at Drew, Miss., is warranted and especially since we now have no way of evaluating the potential uses of Ch. 296A The purpose of this amendment is to would serve the public interest. Despite reflect the repeal of the Federal Airport the contentions of Conquista noted above, which was suggested as the Leland re­ Act (49 U.S.C. 1101 et seq.), and to dele­ it appears that Drew is of sufficient size placement, and do not believe it ap­ gate certain of the Secretary’s functions and importance to warrant the “first propriate to continue this proceeding under the Airport and Airway Develop­ local outlet” preference which has tradi­ while we make inquiry. ment Act of 1970 (Title I of Public Law tionally been of great importance in the 9. Berlin, N.H. The nojtice herein also 91-258) and the Airport and Airway Commission’s allocation and station as­ proposed to delete the assignment of Ch. Revenue Act of 1970 (Title n of Public signment actions. When an assignment 241 at Berlin, N.H., where it is short­ Law 91-258) to the Assistant Secretary can be made consistent with mileage spaced to an existing station at for Policy and International Affairs and separations, without requiring the dele­ Worcester, Mass., 153 miles compared to to the Federal Aviation Administrator. tion of an assignment elsewhere, or, as 170 required by the spacing rules Since this amendment relates to de­ far as we know, precluding any more (§ 73.207(a), cochannel Class B to Class partmental management, procedures, needed assignment, we conclude that it C). The assignment in the original and practices, notice and public pro­ should be adopted.7 With respect to the 1963 Table was inadvertent. Berlin, a cedure thereon is unnecessary and it claimed “local” service from stations in city with a 1960 Census population of may be made effective in less than 30 nearby communities, this may reduce- 17,821, has one Class C FM channel and days after publication in the F ederal somewhat the inherent need for a local station (WMOU-FM, Ch. 279) and two R egister. outlet, but it does not remove it. One fulltime (Class IV) AM stations. There In consideration of the foregoing, reason for this is the transitory nature has been no demand for the Ch. 241 effective October 27, 1970, Part 1 of Title of such service, which may be com­ assignment. 49, Code of Federal Regulations, is menced and terminated by outside sta­ 10. The only comment concerning this amended as follows: tions at any time they choose to do so, matter was filed by a Rumford, Maine a. Paragraph (a) of § 1.44 is amended as the material in the last paragraph AM licensee, supporting the deletion by adding the following new subpara­ indicates. We believe, also, that it is not because it wishes to have the channel graphs at the end thereof: insignificant to provide for a second assigned to Rumford (it has so peti­ aural voice in Sunflower County, in addi­ § 1.44 Reservations of authority. tion to the two commonly owned In- tioned, RM-1630). Accordingly, for the ♦ * * * * dianola stations, which in any event do reasons stated in the notice, it appears (а) General transportation matters. not provide primary service to Drew at appropriate to delete the assignment. * * * least at night. 11. In view of the foregoing: It is. (б) Authority related to national 8. As mentioned above, two other ordered, That pursuant to sections 4(i), transportation policy under section 3 of alternatives were suggested. One, assign­ 303 (c), (d), (f), (h), and (r), and the Airport and Airway Development 307(b) of the Communications Act of Act of 1970 (84 Stat. 219) . ment of Channel 280A now assigned at (7) Authority under section 16 (c) (1) 1934, as amended, effective December 7, (A), (c)(3), (c)(4), (d), (e), and (f> •As can be gathered from the foregoing, 1970, § 73.202(b) of the rules, the Table of the Airport and Airway Development the responsive pleadings in this matter have of Assignments, FM Broadcast Stations, Act of 1970 (84 Stat. 219, 226) with re­ assumed somewhat of an ad hominem char­ is amended: (a) By the addition of the spect to projects as to which opposition acter, particularly those of Congulsta. As we is stated, whether expressly or by pro­ have pointed out before, allocation rule mak­ entry: ings are not related to the identity or quali­ City Channel posed revision, by any Federal, State, or fications of any particular party. In our Drew, Miss______237A local government agency, or by a sub­ determination herein we assume the facts to stantial number of persons other than be set forth in the text. Any other signifi­ (b) By changing the entry for Berlin,one of those agencies. cance the statements made may have will New Hampshire, to read as follows: * * * * * be considered elsewhere. For the same rea­ City Channel b. Paragraph (g) of § 1.47 is amended son, we do not treat herein later pleadings Berlin, N.H______.'_____ 279 filed by the parties during the summer of to read as follows: 1970, relating to an alleged boycott which 12. It is further ordered, That thi« § 1.47 Delegations to Federal Aviation Conguista claims the principals of Triangle proceeding, Docket 18801, is terminated. started against WDSK and WDSK-FM Administrator. among Drew merchants. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, * * * * * * Another argument advanced by Con­ 1082, 1083; 47 U.S.C. 154, 303, 307) (g) Carry out the functions vested in guista, and also in a supporting letter filed by the daytime AM licensee at Marianna, Adopted: October 28, 1970. the Secretary by— Ark., is that if not assigned to Drew, Ch. Released: November 2, 1970. (1) The Airport and Airway Develop­ 237A could be assigned to Marianna, where ment Act of 1970, except for the follow­ there is only one daytime-only station in F ederal Communications ing: the county (Marianna is the county seat). Commission,8 - (i) Sections 3 and 4 (84 Stat. 219, While such an assignment appears to have [seal] B en F. Waple, 220); and merit, we doubt that it would outweigh the Secretary. importance of providing Drew with a first (ii) Sections 16 (c)(1)(A), (c)(3), outlet of any kind. Moreover, it does not [F.R. Doc. 70-14933; Filed, Nov, 4, 1970; (c)(4), (d), (e), and (f) (84 Stat. 226) appear that assigning the channel at Drew 8:62 a.m.] with respect to any project as to which precludes its use at Marianna, since the two opposition is stated, whether expressly or places are Just over 65 miles apart. * Commissioner Bartley absent. by proposed revision, by any Federal,

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 RULES AND REGULATIONS 17045

State, or local government agency, or by ceedings with the Commission’s field (3) Volume of traffic involved, fre­ a substantial number of persons, other offices, should be adopted; quency of movement, and how trans­ than one of those agencies; and It further appearing that the notice of ported now and in the past. (2) Sections 208 and 209 of the Air­ this proposed rulemaking invited the rep­ (4) How soon the service must be pro­ port and Airway Revenue Act of 1970 resentations of all interested parties set­ vided and the reasons for such time (84 Stat. 250, 253). ting forth their views with regard to the limit. c. Section 1.55 is amended by addingproposed modification; and that notice (5) How long the need for such serv­ the following new paragraph at the end to all interested parties was given ice likely will continue, and whether the thereof: through publication of said notice in the persons supporting the temporary appli­ F ederal R egister of November 27, 1969 cation will support a permanent service § 1.55 Delegations to Assistant Secretary application. for Policy and International Affairs. (34F.R. 18953); And it further appearing that various (6) Recital of the consequences if * * * * * parties submitted their views and sugges­ service is not made available. (d) Carry out the functions vested intions regarding the proposed modifica­ (7) The circumstances which created the Secretary by section 4 of the Airport tion, and the Commission has considered an immediate and urgent need for the and Airway Development Act of 1970 such representations and, on the date requested service. (84 Stat. 220). hereof, has made and filed its report set­ (8) Whether efforts have been made (Sec. 9, Department of Transportation Act, ting forth its conclusions and findings to obtain the service from existing mo­ 49 U.S.C. 1657). and its reasons therefor, which report is tor, rail, or water carriers, and the dates and results of such efforts. Issued in Washington, D.C., on the hereby referred to and made a part 27th of October 1970. hereof: (9) Names and addresses of existing It is ordered, That § 1131.2(c) of Part carriers who have either failed or re­ J ohn A. Volpe, 1131 of Chapter X of Title 49 of the Code fused to provide the service, and the rea­ Secretary of Transportation. of Federal Regulations be, and it is sons given for any such failure or [P.R. Doc. 70-14919; Piled, Nov. 4, 1970; hereby, amended to read as follows: refusal. 8:51 a.m.] (10) Name and address of motor car­ §1131.2 Filing of applications. rier who will provide service and is filing ***** application for temporary authority. Chapter X— Interstate Commerce (c) Supporting statements. Each ap­ (11) If the person supporting the ap­ Commission plication for temporary authority must plication has supported any prior appli­ be accompanied by a supporting state­ SUBCHAPTER B— PRACTICE AND PROCEDURE cation for permanent or temporary au­ ment (s) designed to establish an imme­ thority covering all or any part of the [Ex Parte MC-67] diate and urgent need for service which desired service, give the carrier’s name, cannot be met by existing carriers. Each address, and motor carrier docket num­ PART 1131— TEMPORARY AUTHOR­ such shipper’s statement must contain a ITY APPLICATIONS UNDER SECTION ber, if known, and state whether such certification of its accuracy and must be application was granted or denied and 210a(a) OF THE INTERSTATE COM­ signed by the person (or an authorized the date of such action, if known. MERCE ACT representative thereof) having such im­ mediate and urgent need for motor car­ ***** Filing; Supporting Statements rier service. Any such supporting state­ It is further ordered, That this order At a general session of the Interstate ment must contain at least the following shall become effective on December 14, Commerce Commission, held at its office information: 1970. in Washington, D.C., on the 7th day of (1) Description of the specific com­ And it is further ordered, That notice October 1970. modity or commodities to be transported of this order shall be given to the general It appearing that the Commission, by (where the transportation of property is public by depositing a copy thereof in order dated November 24,1969, instituted involved). the office of the secretary of the Com­ this rulemaking proceeding, under the (2) Points or areas to, from, or be­ mission at Washington, D.C., and by fil­ authority of 5 U.S.C. 553 and 559 (the tween which such commodities or pas­ ing a copy with the Director, Office of Administrative Procedure Act) and part sengers are to be transported. (If service the Federal Register. II of the Interstate Commerce Act, to is needed to or from a territory or area By the Commission. determine whether the proposed modifi­ rather than a specific point or points, cation, described in that notice, which is clearly describe such territory or area [seal] R obert L. Oswald, designed to require the Department of and furnish evidence of a broad need to Secretary. Defense to file its supporting statements justify the territorial grant of authority [P.R. Doc. 70-14938; Filed, Nov. 4, 1970; in temporary authority application pro- requested.) 8:52 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17046 Proposed Rule Making

1. The title of § 932.149, as set forth Provided, That not to exceed 15 percent DEPARTMENT OF AGRICULTURE at 35 F.R. 14436, is corrected, the intro­ of the olives in any lot may be smaller ductory text is amended, paragraph (g) than one one-fortieth pound; Consumer and Marketing Service is redesignated as paragraph (h) and a (5) Variety Group 2 olives, except the I 7 CFR Part 932 1 new paragraph (g) is added reading as Obliza variety, shall be of a size which follows: individually weigh one one-hundred- OLIVES GROWN IN CALIFORNIA § 932.149 Modified grade requirements eightieth pound: Provided, That not to Proposed Handling for specified styles of canned olives exceed 10 percent of the olives in any lot o f the ripe type. may be smaller than one one-hundred- Notice is hereby given that the Depart­ eightieth pound; ment is considering proposed amend­ Except as hereinafter specified in paragraph (g) of this section, the grade _ (6) Variety Group 2 olives of the ments, as hereinafter set forth, to Obliza variety shall be of a size which §§ 932.149 and 932.153 of the rules and requirements prescribed in § 932.52(a) ( ) are modified as follows with respect individually weigh one one-hundred- regulations (Subpart—Rules and Regu­ 1 fortieth pound: Provided, That not to lations; 7 CFR 932.108-932.161; 35 F.R. to specified styles of olives of the ripe type: exceed 10 percent of the olives in any 13772, 14436, 13877, 14381) currently in lot may be smaller than one one-hun­ effect pursuant to the applicable provi­ * 4c * * 4c dred-fortieth pound. sions of the marketing agreement, as (g) During the period November 16, * * * * * amended, and Order No. 932, as amended 1970, through January 31,1971, the grade (7 CFR Part 932), regulating the han­ requirement for processed olives used All persons who desire to submit data, dling of olives grown in California. This in the production of packaged olives of views, or arguments for consideration in is a regulatory program effective under the ripe type shall be the grade require­ connection with the proposal may file the the Agricultural Marketing Agreement ment specified in § 932.52(a) (1) if such same with the Hearing Clerk, United Act of 1937, as amended (7 U.S.C. 601- processed olives were processed prior to States Department of Agriculture, Room 674). The amendment of said rules and September 1,1970, and are identified and 112, Administration Building, Washing­ regulations was unanimously proposed kept separate and apart from any olives ton, D.C. 20250, not later than the 7th by the members of the Olive Adminis­ processed after August 31, 1970. day after publication of this notice in trative Committee, established under ***** in the F ederal R egister. All written said marketing agreement and order as submissions made pursuant to this ho- 2. The introductory text of paragraph tice will be made available for public the agency to administer the terms and (a) of § 932.153 is amended, paragraph provisions thereof. inspection at the office of the Hearing (b) is redesignated as paragraph (c), Clerk during regular business hours (7 The amendment would (1) correct the and a new paragraph (b) is added read­ CFR 1.27(b)). title of § 932.149 as set forth at 35 F.R. ing as follows: 14436, (2) revise the provisions of § 932. Dated: October 30,1970. 149 to except, from the current more § 932.153 Establishment of sizes of processed olives for use in the pro­ P aul A. Nicholson, stringent grade requirement, those olives Deputy Director, Fruit and Vege­ processed prior to September 1, 1970, by duction of halved, sliced, chopped, or minced styles of canned ripe olives. table Division, Consumer and specifying that until February 1, 1971, Marketing Service. the grade requirement for such olives (a) Except as hereinafter specified in would be the same as that which was in paragraph (b) of this section, the mini­ [F.R. Doc. 70-14898; Filed, Nov. 4, 1970; effect prior to September 1, 1970, and mum sizes of processed olives of the re­ 8:49 a.m.] (3) revise the provisions of § 932.153 to spective variety groups that may be used except, from the current more stringent in the production of halved, sliced, [ 7 CFR Part 1Q50 ] size requirements, certain varieties of chopped, or minced styles of canned ripe olives processed prior to September 1, olives shall be not smaller than the fol­ [Dockets Nos. AO—355—A8, AO-313—A19] 1970, which are used in the production of lowing applicable minimum sizes: MILK IN CENTRAL ILLINOIS AND halved, sliced, chopped, or minced styles * * * * * by specifying that until February 1,1971, SOUTHERN ILLINOIS MARKETING (b) During the period November 16, AREAS the size requirements for such olives, 1970, through January 31, 1971, any used as aforesaid, would be the same as handler may use processed olives of the Partial Decision on Proposed Amend­ the size requirements in effect prior to respective variety groups in the produc­ ments to Marketing Agreement and September 1, 1970. tion of halved, sliced, chopped, or minced A considerable tonnage of. the 1969 styles of canned ripe olives if such proc­ to Orders crop of processed olives, and a small essed olives meet the grade requirements \ public hearing was held upon pro­ amount of such olives grown in 1968, has specified in § 932.52(a) (1) and the sed amendments to the marketing been carried over into the 1970 season following requirements: reement and the order regulating the in bulk storage. Much of the stored ton­ (1) The olives shall have been ndling of milk in the Central Ilimoj nage does not meet the current grade processed prior to September 1, 1970; d Southern Illinois marketing areas, and size requirements for processed (2) The olives shall be identified and te hearing was held, pursuant to olives used in the production of canned kept separate and apart from any olives »visions of the Agricultural Marketing ripe olives. Therefore, the committee has processed after August 31,1970; ;reemerit Act of 1937, as amended _ submitted a proposal to provide a period (3) Variety Group 1 olives, except the S.C. 601 et seq.), and the applicab during which handlers will be permitted Ascolano, Barouni, and St. Agostino va­ les of practice (7 CFR Part. 900), at to retrieve the maximum economic value rieties, shall be of a size which individ­ oria, HI., May 13, 1970, Pursuant to of such olives by converting them into ually weigh one eighty-eighth pound: tice thereof issued on Apnl 8, 1 canned ripe olives of the various styles Provided, That not to exceed 15 percent 5 F.R. 6009), April 23’, 7082) under the same grade and size require­ of the olives in any lot may be smaller 12) and April 30, 1970 (35 F.R. 7082). ments that were in effect when they were than one eighty-eighth pound; Upon the basis of the evidence intro- processed. (4) Variety Group 1 olives of the ced at the hearing and the rwora The proposed amendments would be Ascolano, Barouni, or St. Agostino va­ ereof, the Deputy Administrator, Reg itory Programs, on August 21.j, made effective on November 16,1970, and rieties, shall be of a size which individ­ 5 FR. 13660), filed with the Hearing are as follows: ually weigh one one-fortieth pound:

FEDERAL REGISTER. VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 PROPOSED RULE MAKING 17047 Clerk, U.S. Department of Agriculture, tive associations whose members deliver Another important relationship be­ his partial recommended decision con­ milk to these handlers supported the pro­ tween proponents and the Central Illinois taining notice of the opportunity to file posal as did two regulated handlers market is that the bulk of producer milk written exceptions thereto. located in the marketing area. There was supplies of proponents is procured from a This decision deals only with the issues no opposition. common production area with handlers relating to the handling of milk in the The six-county area abuts the State of regulated under the Central Illinois Central Illinois marketing area. The is­ Indiana on the east, the Chicago Re­ order. There are about 80 producers who sues relating to the Southern Illinois gional marketing area on the north, the deliver milk to proponents’ plants. Over marketing area were considered in a Quad Cities-Dubuque marketing area on 70 of those producers are located in previous decision and amendments made the west, and the Central Illinois mar­ counties where about an equal number effective August 1, 1970. keting area on the south. In 1960 the of producers deliver to handlers regulated The material issues, findings and con­ total population of the six counties com­ under the Central Illinois order. clusions, rulings, and general findings of bined was slightly over 300,000 people. In the decision upon which the Cen­ the recommended decision are hereby About two-thirds of this population lived tral Illinois order was first promulgated approved and adopted and are set forth in Kankakee and La Salle Counties. proposals to include these six counties in in full herein, subject to the following Principal cities and their populations are the marketing area were denied because modifications: Kankakee (28,000), Ottawa (19,000), the majority of the milk sold in these 1. Under the subheading “1. Expan­ Streator (17,000), and La Salle (12,000). counties was by handlers regulated under sion of the marketing area." the 22-25 More than 85 percent of the total Class the former Chicago, HI., order. Presently, paragraphs are deleted and a new para­ I sales of each proponent is in the six there is substantial overlapping of the graph is substituted therefor. counties proposed to be added to the distribution routes in these counties by 2. Under the subheading “2. Diver­ marketing area. However, due to their proponents and by Chicago Regional, sions of producer milk.”, the first, 17 and sales in nearby Federal order marketing Central and Southern Illinois, Quad 19 paragraphs are revised. Three new areas each of the proponents is either Cities-Dubuque, and Indiana handlers. paragraphs are added immediately fol­ fully or partially regulated under a Fed­ Handlers regulated under the Chicago lowing the 17 paragraph and a new eral mjlk order. One proponent’s plant Regional order still sell the major pro­ paragraph is added immediately follow­ presently is fully regulated under the portion of the milk sold in these counties. ing the 18 paragraph. Central Illinois order while another’s The representative of producers pointed The material issues on the record of plant is partially regulated under that out, however, that at a hearing on the the hearing relating to the Central Illi­ order and has been fully regulated dur­ Chicago Regional order held in August nois marketing area concern: ing some months in the past. These two 1969 handlers regulated under that 1. Marketing area; proponents have between 7 and 14 per­ order who distribute milk in these six 2. Diversions of producer milk; cent of their total fluid milk sales in counties did not support a proposal to in­ 3. Location adjustments; and the Central Illinois marketing area. The clude some of these counties in the 4. Miscellaneous provisions. plants of the other two proponents are Chicago Regional marketing area, but Findings and conclusions. The follow­ partially regulated under the Chicago did support their inclusion in some Fed­ ing findings and conclusions on the ma­ Regional order and on occasion have eral order marketing area. terial issues are based on evidence pre­ been fully regulated under that order. Because of the proximity of these six sented at the hearing and the record One of these proponents has 3 percent of counties to the Central Illinois market­ thereof: his sales in the Chicago Regional mar­ ing area proponents must purchase their 1. Expansion of the marketing area.ket and 8 percent in the Central Illinois milk supplies in competition with han­ The Central Illinois marketing area, market. The other has regulated sales dlers regulated under such order and the which now contains 13 Illinois counties, only in the Chicago Regional market, and monthly uniform prices under the order should be expanded to include the six such sales amount to 7 percent of his exceed such prices under the Chicago Illinois counties of: total. The majority of the combined sales Regional order. Thus, full regulation of Bureau. Kankakee. of these four distributors in Federal order proponents under the Chicago Regional Grundy. La Salle. marketing areas is in the present Central order would cause serious procurement Iroquois. Putnam. Illinois market. problems for them. The expanded marketing area wil Adding these six counties to the mar­ Even though Chicago Regional han­ comprise a contiguous area in which botl keting area of the Central Illinois Fed­ dlers have substantial sales in these six wholesale and retail routes of milk han­ eral milk order will assure the continuous counties, they will not be disadvantaged dlers doing business in the area art regulation of the four proponents’ plants. if these counties are included in the Cen­ Interspersed. All handling of milk in thii The switching back and forth between tral Illinois marketing area because the Proposed enlarged marketing area is ii partial and full regulation of these han­ class prices at plants located in these the current of interstate commerce oi dlers has caused a disruptive situation counties are established at a level which directly burdens, obstructs or affects in­ both for the handlers themselves and for exceeds the Chicago Class I price by the terstate commerce in milk and itt their producers. Greater stability of mar­ cost of transporting milk from the Chi­ Products. * keting conditions will be achieved if the cago heavier production area to these sanitary requirements for Grade I handlers’ plants are continuously regu­ counties. ¡Nik produced for fluid distribution ii lated under the Central Illinois milk For the reasons set forth above it is tnis expanded marketing area are pat­ order. Producers and handlers then will hereby concluded that the Illinois coun­ terned after the U.S. Public Healtt be assured of a stable and orderly mar­ ties of Bureau, Grundy, Iroquois, Kanka­ „J,,nance and Code. Milk meeting th< keting situation. kee, La Salle, and Putnam should be sanitary requirements of the State o: The inclusion of the six counties in the included in the Central Illinois market­ jrnnois iS acceptable for distributioi Central Illinois marketing area will as­ ing area. roughout the proposed marketing area sure that all Class I sales in these Although some of the route disposition The uniformity of health standards per- counties will be regulated under the Fed­ of regulated handlers extends beyond ¡¡¡¡J ¿fee movement of fluid milk prod- eral milk order program. This should the boundaries of the Central Illinois area k™116*1011*' pr°P°sed marketini create an improved market for handlers marketing area, it is neither practical as well as producers. All handlers com­ nor reasonable to stretch the regulated milk distributors, three wh< peting within these counties will have area to cover all areas where a handler plants located in La Salle Counts assurance that their competitors’ Class I has or might develop some route disposi­ Kani~"v other whose plant is located ii sales will be accounted for on the same tion. Nor is it necessary to do so to siouKf#efv.County' Proposed the expan­ classification and pricing system as their accomplish effective regulation under se . the Central Illinois marketing own sales. Likewise, the producers will the order. The marketing area herein thp f™, mclufle these two counties plui have assurance that the classification proposed is a practicable one in that it Gnmj® T ^acent counties of Bureau and payment for their milk is in accord­ encompasses the great bulk of the fluid Ay, Iroquois, and Putnam. Coopera­ ance with its full use value. milk sales area of regulated handlers.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17048 PROPOSED RULE MAKING

All producer milk received at regu­ thus the question related to the appli­ June. For example, in 1969 the average lated plants must be made subject to cation of the seasonal incentive plan monthly percentage of Class n utiliza­ classified pricing under the order, how­ during the pay back months of 1970 to tion was 41.3 while in May it was 46.1, ever, regardless of whether it is disposed the dairy farmers who deliver to the three in June 52.6, and in July 49.6. Com­ of within or outside the marketing area. plants that will become regulated as a parable patterns also existed in 1967 and Otherwise the effect of the order would result of this decision becomes moot. 1968. May, June, and July thus are the be nullified and the orderly marketing Since these plants probably will not be­ 3 months of the year when the propor­ process would be jeopardized. come regulated due to the area expansion tions of producer milk that must be If only a pool handler’s “in-area” sales until after December 31, 1970, the de­ utilized in Class n outlets are the were subject to classification, pricing and liveries of milk to their plants by dairy greatest. pooling a regulated handler with Class farmers will not be included in the com­ For the reasons set forth above, it is I sales both inside and outside the mar­ putation of the monthly uniform price appropriate to include the month of keting area could assign any value he during the pay back months of 1970. July along with May and June as a chose to his outside sales. He thereby Accordingly, the problem proponents month of unlimited diversions of pro­ could reduce the average cost of all his cited as the reason for their proposal ducer milk to nonpool plants. Class I milk below that of other regu­ will no longer exist and no further action A handler proposed alternative provi­ lated handlers having all, or substan­ regarding this proposal needs to be taken sions relative to diversions dining the tially all, of their Class I sales within the on this record. months of August through April. As pro­ marketing area. 2. Diversions of producer milk. Theposed the present 8-day limitation dur­ Unless all milk of such a handler were provision relating to the diversion of ing these 9 months would be deleted fully regulated under the order, he would producer milk should be revised to per­ and one of the two alternatives listed not be subject to effective price regula­ mit diversions in the month of July on below would be added. tion. If a pool handler were free to value the same basis as now provided for May The alternatives would: a portion of his milk at any price he and June. During the other 9 months chooses, it would be impossible to enforce of the year the number of days of diver­ (1) Permit the diversion by the pool uniform prices to all fully regulated sion should not exceed the days of de­ plant operator of 25 percent of the pro­ handlers or a uniform basis of payment livery of such producer’s milk at a pool ducer milk he receives including both to the producers who supply the market. plant during the month, and the total the producer milk physically received in The absence of effective classification, quantity of milk that may be diverted by and diverted from his pool plant. Under pricing and pooling of such milk would a handler or cooperative association this alternative not less than 8 days’ disrupt orderly marketing conditions should not exceed 35 percent of the re­ production of each producer would be within the regulated marketing area and ceipts at pool plants. physically received at the pool plant could lead to a complete breakdown of Presently, the order permits unlimited each month to be eligible for diversion; the order. diversion of producer milk during the or It is essential, therefore, that the order months of May and June to nonpool (2) Permit the milk of any producer price all the producer milk received at a plants that are not other order plants, to be diverted during the month for not pool plant regardless of the point of and to other order plants if diverted for more.days of production of such pro­ disposition. Class II uses. During each of the other ducer’s milk than is received at a pool months, diversions to any such plant are plant. Proponent stated that if necessary The terms and provisions of the Cen­ under this alternative the total amount tral Illinois order as herein proposed to limited to 8 days. Diversions between pool plants are allowed each month for of producer milk diverted by a handler be amended are appropriate with respect may be limited to 25 percent of his total to their application to any handler who not more days of production of a pro­ ducer than is physically received at the producer receipts, including both the may become regulated as a result of this milk physically received in and diverted decision. pool plant from which diverted. No change is proposed herein with respect from his pool plant. The representative of the dairy farmers to diversions between pool plants. The cooperative’s witness stated that who deliver milk to the four proponents’ The major cooperative association in if diversions are allowed on a percentage plants proposed that for 1970 the dairy the market proposed that the month of basis, any milk the cooperative asso­ farmers who deliver to .the three plants July be added to the months of unlimited ciation is asked to divert for the plant that will become fully regulated as a re­ diversions to nonpool plants. It has been operator be included in the computation sult of this decision (one plant already necessary each year since the Central to arrive at the percentage. is fully regulated under the order) be The diversion privilege is primarily excluded from receiving any of the “pay Illinois order was promulgated on Jan­ uary 1, 1967, to suspend the 8-day limit intended to obtain efficiency in the back” monies accumulated by the mar­ for the month of July to effect orderly marketing of the milk not needed at a ket administrator in the seasonal incen­ disposition of reserve supplies. Several pool plant. There is substantial variation tive fund if the order becomes effective handlers supported this proposal and in the daily fluid milk needs of distrib­ before January 1, 1971. This was sup­ there was no opposition to it. uting plants. Most distributing plants do ported by a handler. The provisions for diversion of pro­ not process and package milk on Sun­ The seasonal incentive plan enhances ducer milk should be related to the re­ days. Also, there are increasing numbers seasonal changes in the blend prices com­ serve needs of the market. About 270 of distributing plants that also do not puted under the order. Money is deducted producers delivering to pool plants regu­ process and package milk on Saturdays from the pool fund at the rate of 15 lated under the Central Illinois order in as well as Sundays. On the days that cents per hundredweight for producer December 1969 live in northern Illinois, they do operate, their processing and milk received in March and July and at Minnesota, and Wisconsin. When milk packaging schedule is generally varied the rate of 25 cents for producer milk is not needed at pool plants from these in accordance with their sales volume. received in April through June. The total producers*, it is more efficient to divert The daily sales volume of distributing amount of money accumulated from their milk to manufacturing plants lo­ plants, is very uneven because the pur­ these deductions is then paid to pro­ cated near their farms. chases of milk by consumers at stores ducers by adding 20 percent of the total May is the month of highest milk pro­ are greatest during the last 3 days of deductions to the producer-settlement duction for the Central Illinois market. the week. The operators of distributing fund for milk delivered in September and June, however, is the month that the plants typically associate a sufficient sup­ December and 30 percent for milk deliv­ greatest proportion of producer milk is ply of milk with their operations to cover ered in October and November. Through used in Class H outlets. Due to the rela­ their requirements on peak bottling days this adjustment of the monthly blend tively low volume of Class I sales during during the period of seasonally low pro­ prices producers are encouraged to level July which is attributable, in part, to the duction. Consequently, there are sub­ out their seasonal milk production closing of schools, the percentage that stantial quantities of milk produced on pattern. Class n milk is of total producer re­ the other days of the week during the It is unlikely the expanded order will ceipts in July is higher than it is in May short production season as well as become effective prior to January 1,1971, and not significantly lower than it is in throughout the period of seasonally high

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 PROPOSED RULE MAKING 17049 production that must be utilized in man­ month except the milk of member pro­ decision. It was pointed out in the excep­ ufactured dairy products. ducers which the cooperative permits a tions that the 35 percent limit is more Virtually all of the milk supply for handler to divert. comparable to the present 8-day diver­ the market is hauled from farms to One exceptor stated that only milk sion limitation per month. The present plants in bulk tank trucks. On days when actually diverted by a cooperative asso­ 8-day diversion limit per month is the milk is not needed at distributing ciation from a pool plant should be de­ equivalent to slightly more than 35 per­ plants it is more economical to move the ducted from the pool plant handler’s cent of the milk received at pool plants milk directly from the farm to a non­ total receipts when computing his diver­ during a 30-day month. Since it is not pool manufacturing plant than to first sion percentage so that, in computing his the purpose of this decision to reduce assemble it at a pool distributing plant diversion percentage, he could include appreciably the quantity of milk that for transshipment to such manufactur­ the milk received from members of a co­ may be diverted monthly, it is hereby ing plant. operative association which also diverts concluded that the percentage limitation The present system of basing diver­ milk during the month. should be increased to 35 percent from sions strictly on the number of days an Since each cooperative association is that 33% percent contained in the rec­ individual producer’s milk is actually de­ the agent for marketing its members’ ommended decision. livered to a pool plant has the effect of milk, deliveries to pool plants by mem­ The diversion percentage of 35 per­ causing each producer’s milk to be de­ ber producers should be included in com­ cent of milk received at pool plants will livered every day, except on weekends, puting the cooperative association’s exceed slightly the proposed diversion to a pool plant during these 9 months. diversion percentage. It is necessary, percentage of 25 percent of total milk Under the present system, on some days moreover, to insure that the milk of co­ receipts when both the milk delivered to distant milk must be delivered to a pool operative member producers who deliver pool plants and that diverted to nonpool plant in order to qualify, while at the to the pool plant of a handler who is plants are included. However, basing di­ same time nearby milk is diverted to a diverting producer milk do not have versions on a percentage of actual re­ manufacturing plant. Reducing the their deliveries counted twice for pur­ ceipts at pool plants provides a fixed number of days an individual producer’s poses of computing the diversion per­ quantity of milk each month to which milk must be delivered to a pool plant centage. On the other hand, the order the diversions can be related. during the month and limiting diver­ should not impede a cooperative associa­ The above provision will assist co­ sions to a percentage basis of total de­ tion and a handler from entering into an operatives and handlers to achieve liveries will eliminate this uneconomic agreement whereby the handler will be maximum use of available producer movement of particular loads of milk. responsible for diverting the milk of milk in Class I through economical han­ Some modification of the present pro­ specified member producers. Thus, when dling practices. The total quantity of vision for 8 days’ diversion during the the cooperative notifies the handler and producer milk that may be diverted dur­ months of August through April is nec­ the market administrator that milk of ing any month will be about the same essary. Allowing handlers and cooper­ specified member producers will not be as if each producer’s milk were diverted atives to divert producer milk on a per­ diverted by the cooperative and is not to centage basis will add needed flexibility be included in computing the cooperative for 8 days. in diversions by handlers and coopera­ association’s diversion percentage, de­ A cooperative or proprietary handler tives in the market. It is-not necessary, liveries by such producers to the pool diverting milk in excess of the percent­ however, to provide for an increased plant of a handler would be included in age limit would be required to designate quantity of milk to be diverted. Propo­ computing the pool plant handler’s di­ those producers whose milk must be ex­ nent stated that it does not expect to version percentage. Further» any milk cluded from the pool. If the handler divert any larger quantities but desires of these producers that is diverted by the fails to designate those producers whose the change only to allow it to operate handler shall likewise be included in milk is thus ineligible, making it in­ more efficiently. The cooperatives’ wit­ computing the handler’s diversion per­ feasible for the market administrator ness stated that although they favored centage. to determine which milk was over­ granting handlers flexibility in disposing This type of provision will allow han­ diverted, all milk diverted to nonpool of their reserve milk supplies they would dlers and cooperatives to enter into ar­ plants by such handler during the month want the order to contain requirements rangements whereby the handler can be should be excluded as producer milk. that milk be delivered to pool plants as the sole diverter of milk from his pool Another change in the provisions relat­ will clearly demonstrate that the milk is plant. The above-described procedure is ing to transfers and diversions also was associated with the market on a regular necessary, however, to maintain the in­ proposed by cooperatives. Presently, the basis. tegrity of the order and in this respect order provides for automatic Class I Specifically, it is proposed herein that the intent of the recommended decision classification of fluid milk products for each of the months of August is not changed. For these reasons the transferred or diverted to nonpool plants through April, milk of an individual pro­ exception is hereby denied. located more than 350 miles from the ducer may be diverted to a nonpool plant Requiring one-half of the total deliv­ city hall in Peoria, 111. Although this that is not an other order plant, or to eries of each producer to be received at provision has not interfered with the an other order plant if diverted for Class a pool plant during each of the riionths diversion of producer milk to nonpool II uses, for not more days of production of August through April in conjunction plants, it could affect the orderly dis­ of such producer’s milk than is received with the percentage limitation will allow position of reserve milk supplies in the at a pool plant. However, the total quan- about the same quantity of milk to be future, especially since the farms of some uty of milk that may be diverted by a diverted each month as the order pres­ of the producers delivering to the market handler operating a pool plant may not ently provides. The record does not in­ are located in Minnesota and Wisconsin. exceed 35 percent of the receipts at dicate a need to increase the quantity of Milk must be classified and priced on his pool plant during the month, exclu­ milk that may be diverted during these the basis of the form in which, or the sive of any milk of producers who are 9 months. If the alternative of only 8 purpose for which, used or disposed of members of a cooperative association days’ delivery were required to be re­ by handlers. In earlier days, it was eco­ tnat is diverting milk during the month, ceived at a pool plant each month, situa­ nomically feasible to move milk from unless the cooperative notifies the tions could arise in this market in which the market beyond the 350 miles only if handler and the market administrator some of the milk would be diverted to it were intended for Class I use. Because “ Prior to the first day of the nonpool plants on peak bottling days Class II milk has the same value at all . i1® "that designated member producer while supplemental milk would have to locations, it was uneconomical under milk delivered to such handler’s plant is be brought into distributing plants to fill normal circumstances to transport it not to be included in computing the co- their fluid requirements. The latter long distances for Class II use. However, perative association’s diversion per- would not promote orderly marketing. under today’s supply and marketing con­ h?™ * ! A cooperative association may Thfr diversion percentage provided ditions milk associated with this market divert for such period up to 35 percenl herein of 35 percent of milk received at could be handled at manufacturing mijlk °f its producer members re­ pool plants is a change from the 33% plants located more than 350 miles from ceived at all pool plants during the percent contained in the recommended the basing point of Peoria, HI. Many of

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 No. 216— 4 17050 PROPOSED RULE MAKING the farms which supply milk to this mar­ To carry out the objective of assuring and uniform prices shall be 5 cents lower ket are located more than 350 miles from adequate supplies, it is essential to estab­ than in Zone I. Peoria, 111., and could be diverted to lish a proper Class I price relationship The addition of the six counties to the nearby plants for manufacturing uses. between the handlers located in the six marketing area and the establishment of Also, limiting distant movements to counties proposed to be added to the a separate pricing zone in these counties Class I formerly tended to save some market and handlers located in the pres­ requires further modification in loca­ administrative costs. The cost involved ent marketing area. Also, Class I milk tion adjustments. in checking utilization at distant plants in these six counties must be competi­ Presently, the order provides that any is greatly lessened today because the Fed­ tively priced with milk supplied to other plant located outside the State of Illinois eral order system now is extensive. Fed­ nearby markets and with other milk or in the State of Illinois but north of eral milk orders operate throughout that may be distributed in these counties the northernmost boundaries of the much of the continental United States, in competition with local producfer milk. counties of Henderson, Warren, Knox, with the exception of a few States. Ar­ The farms of these producers who de­ Stark, Livingston, Ford, and Iroquois is rangements for checking utilization at liver to proponents’ plants generally are subject to a location adjustment. (War­ distant nonpool plants are feasible located in counties that are one or two ren, Knox, Stark, Livingston, and Ford through the facilities of the several mar­ tiers north of the present marketing are the northern boundary of the present ket administrators’ offices. area. If a producer who delivers his milk marketing area while Henderson and Accordingly, the order should be to one of proponents’ plants should Iroquois are adjacent to the marketing amended to remove the automatic Class change his point of delivery to a plant area lying to the west and east, respec­ I classification of fluid milk products in the present marketing area, he would tively.) Because the six counties being transferred or diverted to nonpool plants need to haul his milk at least 30 addi­ added to the marketing area are north more than 350 miles from Peoria, 111. tional miles and thus would incur an of the present marketing area and will Such transfers or diversions would be additional transportation cost on his have a 5-cent location adjustment, the classified on the same basis as now pro­ milk. At the rates established under the variable location adjustment of 1.5 cents vided for transfers to nonpool plants order this would cost an additional 5 per 10-mile distance from Peoria, 111., located within a 350-mile radius from cents. should begin to apply north of these Peoria. Establishing a minus 5-cent price zone counties. 3. Location adjustments. The orderwithin these six counties will yield Class As set forth below, the 5-cent location should be amended to provide a separate I prices that are 8 cents higher than the adjustment also will apply in the two pricing zone for the six counties to be Chicago Regional order Class I prices Illinois counties outside the marketing added to the marketing area. The pres­ at Chicago. (Official notice is hereby area of Mercer and Henry. Thus, the ent marketing area would be Zone I, and taken of the order amending the counties of Mercer, Henry, Bureau, La the six counties would be Zone II. The Chicago Regional order issued July 28, Salle, Grundy, and Kankakee will be the Class I and uniform prices in Zone II 1970 (35 F.R. 12263) by the Assistant northernmost counties in which the would be the prices applicable in Zone I, Secretary. The amended Chicago Re­ 5-cent location adjustment will apply, minus 5 cents. The two Illinois counties gional order, which becomes effective and accordingly they should replace the of Mercer and Henry, outside the mar­ September 1, 1970, raises the price of seven counties presently listed in the lo­ keting area, should have the same prices Class I milk received at plants located cation adjustment provision, north of as Zone II. in the city of Chicago 6 cents per hun­ which any Illinois plant will have the dredweight.) Since the major distribu­ 1.5-cent per 10-mile location adjustment Presently, the order establishes a 7.5- tion centers in these six counties are 60 rate apply. cent lower price on milk received from to 100 miles from Chicago such a differ­ To insure that the Class I and pro­ producers at plants located outside the ence in Class I prices will reasonably re­ ducer prices at any plant located in State of Illinois, or in the State of Il­ flect transportation as allowed in thè Mercer County or Henry County, which linois but north of the northernmost order for such distance. becomes subject to the order prices will boundaries of the counties of Hender­ The Class I price level in these six be properly aligned with the price struc­ son, Warren, Knox, Stark, Marshall, counties also must take into account also ture in Zone n the prices applicable in Livingston, Ford, and Iroquois, if such the cost of obtaining quality milk on a Zone II also should apply. These two plant also is located 50-60 miles from the regular basis from alternative sources, counties are directly west of the six being city hall in Peoria, 111. Such price is re­ or producers supplying handlers in these added to the marketing area and are duced an additional 1.5 cents for each counties might be without a continuing adjacent to the northern boundary of 10 miles, or fraction thereof, beyond 60 outlet for their milk. the present marketing area. Since the miles. The announced Class I and pro­ The Chicago milkshed is a source of lpcation of these two counties, relative ducer blend prices currently apply to supplemental supplies for the plants to the present marketing area, is similar milk received at pool plants located with­ located in these six counties. The spokes­ to those in Zone n , it should be provided in the present 13-county marketing area. man for the cooperative associations that the applicable Class I price at such The location adjustments applicable un­ states that a Chicago Regional pool a plant under the Central Illinois order der the order to the plants of the four plant from which supplemental milk be equal to the Class I price applicable proponents of marketing area expansion usually is shipped to the plants in the six at a Zone n pool plant. range from minus 7Vz to minus 15 cents. counties is located in Burlington, 111. A limitation on the Class I location Such proponents, and the cooperative The Burlington, HI., plant is located price adjustment should be provided associations with members supplying about 75 miles from proponents’ plant. with respect to fluid milk products re­ milk to proponents’ plants, proposed that The Class I differential under the Chi­ ceived from an unregulated supply plant the newly added counties be identified in cago Regional order at Burlington, 111., is if such receipts are allocated to Class I a new Zone II, with 5-cent lower Class I $1.24. Based on the order minimum price utilization. Otherwise, the Class I price and uniform prices than prevail in the at Burlington, 111., plus transportation, adjustment could result under certain present marketing area. Two other han­ the cost of alternative supplies to pro­ conditions in a handler receiving a pay­ dlers regulated under the order sup­ ponents would be the same as the Class ment from the producer-settlement fund ported this proposal and there were no I price proposed herein for producer milk on Class I milk obtained from an un­ opposing views. received at a Central Illinois regulated regulated supply plant. Such payment Proponent handlers compete exten­ plant in Zone n. could result when the location differ­ sively with one another throughout the For the reasons set forth above it is ential at the distant plant is greater than six-county area both in the procurement appropriate to establish the two pricing the difference between the Class I and and distribution of fluid milk products. zones within the marketing area, Zone I Class II prices. In .this circimxstance, Also, each of their plants is located about to consist of the present marketing area producers under the order, in effect, the same distance from alternative milk in which the announced Class I and uni­ would be giving the handler a credit supplies in Wisconsin. Thus, it is appro­ form prices will apply and Zone II to sufficient to reduce his cost for the dis­ priate to establish a single price level consist of the six counties to be added tant milk below its value for manufac­ throughout these six counties. to the marketing area in which Class I turing use at the point of purchase.

fEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 PROPOSED RULE MAKING 17051 A similar situation now exists with re­ have no application to the classification been decided upon as the detailed and spect to the obligation of the operator of and pricing of milk received since 1967 appropriate means of effectuating the a partially regulated distributing plant or to any future months and, accord­ foregoing conclusions. or an other order plant. In certain cases, ingly, should be deleted. It is hereby ordered, That this entire the handler’s obligation includes a pay­ Rulings on proposed findings and con­ decision, except the attached market­ ment to the producer-settlement fund at clusions. Briefs and proposed findings ing agreement, be published in the F ed­ the difference between the Class I price and conclusions were filed on behalf of eral R egister. The regulatory provisions applicable at his plant and either the certain interested parties. These briefs, of the marketing agreement are identical '‘weighted average” price or the Class n proposed findings and conclusions and with those contained in the order as price. For the reasons stated above, the the evidence in the record were con­ hereby proposed to be amended by the order should provide that the Class I sidered in making the findings and con­ attached order which is published with price, as adjusted for location, not be less clusions set forth above; To the extent this decision. than the Class II price in computing the that the suggested findings and con­ obligation of these handlers. clusions filed by interested parties are R eferendum Order T o D etermine P ro­ 4. Miscellaneous provisions—(a) Al­inconsistent with the findings and con­ ducer Approval; D etermination of location. The order should provide that clusions set forth herein, the requests R epresentative P eriod; and D esigna­ there be no pool obligation on milk re­ to make such findings or reach such con­ tion of R eferendum A gent ceived at a pool plant from an unreg­ clusions are denied for the reasons pre­ It is hereby directed that a referendum ulated supply plant if such milk has been viously stated in this decision. be conducted and completed on or before priced as Class I milk under this or any General findings. The findings and de­ the 30th day from the date this decision other Federal order. Bulk milk could be terminations hereinafter set forth are is issued, in accordance with the proce­ transferred, for example, from a pool supplementary and in addition to the dure for the conduct of referenda (7 plant under this or another order to a findings and determinations previously CFR 900.300 et seq.), to determine nonfederally regulated plant and, on the made in connection with the issuance of whether the issuance of the attached basis of its ultimate utilization, classified the aforesaid order and of the previously order as amended and as hereby proposed and priced as Class I milk. The unregu­ issued amendments thereto; and all of to be amended, regulating the handling lated plant, in turn, could transfer bulk said previous findings and determinations of milk in the Central Illinois marketing or packaged milk to a Central Illinois are hereby ratified and affirmed, except area, is approved or favored by producers, pool plant. To the extent that this or an insofar as such findings and determina­ as defined under the terms of the order, equivalent amount of milk has been tions may be in conflict with the findings as amended and as hereby proposed to be priced as Class I milk under a Federal and determinations set forth herein. amended, and who, during the repre­ order, the Central Illinois regulated (a) The tentative marketing agree­ sentative period, were engaged in the handler receiving the milk should not ment and the order, as hereby proposed production of milk for sale within the have a pool obligation on such milk. On to be amended, and all of the terms and aforesaid marketing area. any unpriced milk received from an un­ conditions thereof, will tend to effectuate The representative period for the con­ regulated supply plant, the Central Il­ the declared policy of the Act; duct of such referendum is hereby deter­ linois handler would continue to have an (b) The parity prices of milk as deter­ mined to be August 1970. obligation to the producer-settlement mined pursuant to section 2 of the Act The agent of the Secretary to conduct fund at the difference between the Class are not reasonable in view of the price such referendum is hereby designated to I price and the weighted average price, of feeds, available supplies of feeds, and be Mr. Fred L. Shipley. as now required under the order. other economic conditions which affect (b) Computation of the uniform price.market supply and demand for milk in Signed at Washington, D.C., on; Octo­ In the computation of the uniform price, the marketing area, and the minimum ber 30, 1970. the provision instructing the market ad­ prices specified in the proposed market­ R ichard E. Lyng, ministrator to exclude the report of a ing agreement and the order, as hereby Assistant Secretary. handler who had not paid his producers proposed to be amended, are such prices Order1 Amending the Order, Regulating individually the uniform price announced as will reflect the aforesaid factors, insure the Handling of Milk in the Central in the previous month should be deleted. a sufficient quantity of pure and whole­ Illinois Marketing Area Procedures are established to assure some milk, and be in the public interest; that all handlers comply with each pro­ and Findings and determinations. The vision of the order, including the require­ (c) The tentative marketing agree­ findings and determinations hereinafter ment for the payment of the uniform ment and the order, as hereby proposed set forth are supplementary and in addi­ price to producers by specified dates. to be amended, will regulate the handling tion to the findings and determinations These procedures include, among other of milk in the same manner as, and will previously made in connection with the wñngs, legal action against violations. be applicable only to persons in the re­ issuance of the aforesaid order and of the However, the fact that some handler had spective classes of industrial and com­ previously issued amendments thereto; not paid his producers the previous mercial activity specified in, a marketing and all of said previous findings and de­ month’s uniform price does not affect the agreement upon which a hearing has terminations are hereby ratified and operation of the producer-settlement been held. affirmed, except insofar as such findings iund nor the ability of the market ad­ Rulings on exceptions. In arriving at and determinations may be in conflict ministrator to compute the uniform the findings and conclusions, and the with the findings and determinations set price. There could be delays in the com­ regulatory provisions of this decision, forth herein. putation of the uniform price due to each of the exceptions received was care­ (a) Findings. A public hearing was matters not under the market adminis­ fully and fully considered in conjunction held upon certain proposed amendments trator s control if he waited until a han­ with the record evidence. To the extent to the tentative marketing agreement dler had paid his producers. Only actions that the findings and conclusions, and and to the order regulating the handling y handlers which would affect these the regulatory provisions of this de­ of milk in the Central Illinois marketing wo operations (i.e., the payments re­ cision are at variance with any of the area. The hearing was held pursuant to quired pursuant to § 1050.84 and the filing exceptions, such exceptions are hereby the provisions of the Agricultural Mar­ oi reports pursuant to § 1050.30) should overruled for the reasons previously keting Agreement Act of 1937, as cause to exclude such handlers’ re- stated in this decision. amended (7 U.S.C. 601 et seq.), and the when computing the monthly uni­ applicable rules of practice and proce­ form price. Marketing agreement and order. An­ nexed hereto and made a part hereof dure (7 CFR Part 900). «;pvfiiDeZe5 0B obsolete language. In are two documents, a marketing agree­ 1 This order shall not become effective un­ vicinrf1 tectlons of the order special pro- ment regulating the handling of milk, less and until the requirements of § 900.14 of «tL?1“* having application only for the and an order amending the order regu­ the rules of practice and procedure governing stin *.^67) the order was effective lating the handling of milk in the Cen­ proceedings to formulate marketing agree­ remain. These special provisions tral Illinois marketing area, which have ments and marketing orders have been met.

fEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17052 PROPOSED RULE MAKING Upon the basis of the evidence intro­ owned or operated by the Federal, State, at the plant from which diverted, unless duced at such hearing «,nd the record county, or municipal governments lo­ the plant to which the milk is diverted thereof, it is found that: cated wholly or partially within such is located more than 110 miles from the ( 1 ) The said order as hereby amended, counties: city hall in Peoria, HI. (by shortest high­ and all of the terms and conditions there­ Z one I way distance as determined by the mar­ of, will tend to effectuate the declared Cass. McDonough. ket administrator) in which case the policy of the Act; Ford. Peoria. milk shall be deemed to be received by (2) The parity prices of milk, as de­ Fulton. Stark. the diverting handler at the location of termined pursuant to section 2 of the Knox. Tazewell. the plant to which diverted: Act, are not reasonable in view of the Livingston. Warren. (1) During May, June and July the Marshall. Woodford. price of feeds, available supplies of feeds, Mason. operator of a pool plant or a cooperative and other economic conditions which Z one II association may divert the milk produc­ affect market supply and demand for tion of a producer on any number of milk in the said marketing area, and the Bureau. Kankakee. days; minimum prices specified in the order Grundy. La Salle. (2) Subject to the conditions set as hereby amended, are such prices as Iroquois. Putnam. forth in subparagraph (4) of this para­ will reflect the aforesaid factors, insure 2. In § 1050.12 paragraphs (c) and (d) graph, during the months of August a sufficient quantity of pure and whole­ are revised as follows: through April the operator of a pool some milk, and be in the public interest; plant may divert the milk of a producer (3) The said order as hereby amended § 1050.12 Pool plant. for not more days of production of such regulates the handling of milk in the ***** producer’s milk than it is physically re­ same manner as, and is applicable only (c) Any supply plant which qualified ceived at the pool plant from which di­ to persons in the respective classes of pursuant to paragraph (b) of this section verted: Provided, That the total quantity industrial or commercial activity spe­ in each of the immediately preceding of producer milk diverted does not ex­ cified in, a marketing agreement upon months of September through January ceed 35 percent of the physical receipts which a hearing has been held; shall be a pool plant for the months of of producer milk at the handler’s pool (4) All milk and milk products han­ February through August unless the plant during the month, exclusive of dled by handlers, as defined in the order operator of such plant notifies the mar­ milk of producers who are members of as hereby amended, are in the current ket administrator in wilting before the a cooperative association that is divert­ of interstate commerce or directly bur­ first day of any such month of his inten­ ing milk; den, obstruct, or affect interstate com­ tion to withdraw such plant as a pool (3) Subject to the conditions set forth merce in milk or its products; and plant, in which case such plant shall in subparagraph (4) of this paragraph, (5) It is hereby found that the neces­ thereafter be a nonpool plant until it during the months of August through sary expense of the market administra­ again meets the shipping requirements April a cooperative association may di­ tor for the maintenance and functioning set forth in paragraph (b) of this sec­ vert the milk of its individual member of such agency will require the payment tion; and producers for not more days of produc­ by each handler, as his pro rata share (d) For purposes of determining pool tion of each producer’s milk than is phys­ of such expense, 5 cents per hundred­ plant status pursuant to this section. ically received at a pool plant: Provided, weight or such lesser amount as the Sec­ Grade A receipts from dairy farmers That the total quantity of producer milk retary may prescribe, with respect to: shall include all quantities of milk di­ diverted does not exceed 35 percent of (a) Producer milk (including such verted pursuant to § 1050.14 (b) and (c) its member milk physically received at handler’s own production), (b) Other by an operator of a pool plant. pool plants during such month; source milk allocated to Class I pursuant 3. Section 1050.14 is revised as follows: (4) In the case where a cooperative to § 1050.45(a) (4) and (8) and the cor­ § 1050.14 Producer milk. association has notified the market ad­ responding steps of § 1050.45(b), except ministrator and the handler in writing other source milk on which no handler “Producer milk” means all skim milk prior to the first day of the month that obligation applies pursuant to § 1050.70 and butterfat contained in milk of any milk of specified member producers will (f ) ; and (c) Class I milk disposed of on producer, other than milk received at a not be diverted by the cooperative and is routes in the marketing area from par­ pool plant by diversion from a plant at not to be included in computing the co­ tially regulated distributing plants that which such milk is fully subject to the operative association’s diversion per­ exceeds Class I milk specified in g 1050.62 pricing and pooling under the terms or centage for the month; milk of such (b )(2). provisions of this or any other order is­ producers shall be deducted from the Order relative to handling. It is there­ sued pursuant to the Act which is: cooperative’s total receipts of member fore ordered that on and after the effec­ (a) Received during the month: milk for the purposes specified in sub- tive date hereof the handling of milk in (1) At a pool plant from producers paragraph (3) of this paragraph and the Central Illinois marketing area shall or from a cooperative association as a added to the total milk receipts included be in conformity to and in compliance handler pursuant to § 1050.9(d); and in computing the diversions of the pool with the terms and conditions of the (2) By a cooperative association as a plant handler who receives their milk for order, as amended, . and as hereby handler pursuant to § 1050.9(d) but the purposes specified in subparagraph amended, as follows : which is not delivered to a pool plant of (2) of this paragraph; The provisions of the proposed market­ another handler and constitutes shrink­ (5) When milk is diverted in excess of ing agreement and order amending the age pursuant to § 1050.41(b) (7) or as the limits specified in subparagraphs (2) order contained in the recommended de­ Class I shrinkage: and (3) of this paragraph, eligibility as cision issued by the Deputy Administra­ (b) Diverted by a handler from a pool producer milk under this section shall be tor, Regulatory Programs, on August 21, plant for the account of the plant op­ forfeited on the excess quantity. In such 1970, and published in the F ederal erator to another pool plant(s) for not event the diverting handler shall specify R egister on August 27, 1970 (35 F.R. more days of production of such pro­ the dairy farmers whose milk is ineligible 13660) shall be and are the terms and ducer’s milk than is physically received as producer milk. If a handler fails to provisions of this order, amending the at a pool plant (s) from which diverted. designate such dairy farmers whose milk order, and are set forth in full herein For pricing purposes such diverted milk is ineligible, producer milk status shai subject to the revisions of § 1050.14. shall be deemed to be received by the be forfeited with respect to all milk 1. Section 1050.6 is revised as follows:diverting handler at the location of the diverted to nonpool plants by such han­ plant to which diverted; dler; and § 1050.6 Central Illinois marketing area. (c) Diverted from a pool plant to a (6) Milk diverted to an other order The “Central Illinois marketing area” nonpool plant that is not an other order plant under the conditions specified m hereinafter called the “marketing area” plant or to a nonpool plant that is an this section shall be producer milk pur­ means all the territory within the follow­ other order plant if diverted as Class II suant to this section only if it is not ing counties all of which are in the State milk, subject to the conditions of this producer milk under such other order. of Illinois together with all municipal paragraph. For pricing purposes, milk so 4. In § 1050.43, paragraph (d) is de­ corporations therein and all institutions diverted shall be deemed to be received leted, the introductory text of paragrapn FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 PROPOSED RULE MAKING 17053

(e) preceding subparagraph (1) and pursuant to paragraph (la) of this tion thereof that such distance exceeds paragraph (e) (3) (iii) are revised as fol- paragraph; and 60 miles; and lows: ***** ***** § 1050.43 Transfer and diversions. (5) * '* * 9. In § 1050.61, paragraph (e) (2) is **,**• (i) The pounds of skim milk in re­ revised as follows: (d) [Deleted! ceipts of fluid milk products from un­ § 1050.61 Plants subjeet to other Fed­ (e) As Class I milk, if transferred or regulated supply plants, that were not eral orders. diverted in bulk to a nonpool plant that subtracted pursuant to subparagraph * * * * * is neither an other order plant nor a (la) or (4) (iv) of this paragraph, for (e) * * * producer-handler plant, unless the re­ which the handler requests Class II utili­ zation, but not in excess of the pounds (2) Compute the value of the quantity quirements of subparagraphs (1) and assigned in subparagraph (1) of this (2) of this paragraph are met, in which of skim milk remaining in Class II; paragraph to Class I disposition in this case the skim milk and butterfat so (ii) The pounds of skim milk remain­ area, at the Class I price under this part transferred or diverted shall be classified ing in receipts of fluid milk products from applicable at the location of the other in accordance with the assignment unregulated supply plants, that were not order plant (not to be less than the resulting from subparagraph (3) of this subtracted pursuant to subparagraph Class II price) and subtract its value at paragraph; (la) or (4) (iv) of this paragraph, which the Class n price. * * * * * are in excess of the pounds of skim milk 10. In § 1050.62 paragraphs (a) (1) (i), (3) * * * determined as follows: (b) (2) and (5) are revised as follows: (a) Multiply the pounds of skim milk (iii) Class I utilization in excess of remaining in Class I milk (excluding § 1050.62 Obligation of handler operat­ that assigned pursuant to subdivisions Class I transfers between pool plants of ing a partially regulated distributing (i) and (ii) of this subparagraph (exclu­ the handler) at all pool plants of the plant. sive of transfers of fluid milk products to * * * * * pool plants and other order plants) handler by 1.25; and shall be assigned first to remaining (b) Subtract from the result the sum Ca) * * * receipts from dairy farmers who the of the pounds of skim milk at all such (1) (i) The obligation that would market administrator determines con­ plants in producer milk, in receipts from have been computed pursuant to stitute the regular sources of supply for other pool handlers and in receipts in § 1050.70 at sUch plant shall be deter­ such nonpool plant and Class I utiliza­ bulk from other order plants, that were mined as though such plant were a pool tion (including transfers of fluid milk not subtracted pursuant to subparagraph plant. For purposes of such computa­ products to pool plants and other order (4) (v) of this paragraph; tion, receipts of such nonpool plant from * * * * * a pool plant or an other order plant shall plants) in excess of such receipts shall be assigned to the utilization at which be assigned pro rata to unassigned re­ (8) Subtract from the pounds of skimclassified at the pool plant or other order ceipts at such nonpool plant from all pool milk remaining in each class, pro rata to plant and transfers from such nonpool and other order plants; and such quantities, the pounds of skim milk plant to a pool plant or an other order * * * * * in receipts of fluid milk products from plant shall be classified as Class n milk 5. In § 1050.44 paragraph (c) is re­unregulated supply plants that were not if allocated to such class at the pool vised as follows: subtracted pursuant to subparagraph plant or other order plant and be valued (la), (4) (iv) or (5) (i) and (ii) of this at the weighted average price of the re­ § 1050.44 Computation of skim milk and paragraph; butterfat in each class. spective order if so allocated to Class I * * * * * milk, except that reconstituted skim * * * 4c * 7. Section 1050.51(a) is revised as milk in filled milk shall be valued at the (c) There will be computed for eachfollows: Class n price. No obligation shall apply cooperative association reporting pursu­ to Class I milk transferred to a pool plant ant to § 1050.30(b) the total pounds of § 1050.51 Class prices. or to an other order plant if such Class I skim milk and butterfat, respectively, in ***** utilization is assigned to receipts at the producer milk for which it is the han­ (a) Class I price. The Class I pricepartially regulated distributing plant dler pursuant to § 1050.9 (c) and (d). shall be the basic formula price for the from pool plants and other order plants The amounts so determined shall be preceding month plus $1.19 and plus an where such milk was classified and priced those used for computation pursuant to additional 20 cents; and as Class I milk. There shall be included § 1050.45(c). ***** in the obligation so computed a charge 6. In § 1050.45(a), a new subparagraph in the amount specified in § 1050.70(f) (la) is added, and subparagraphs (4) 8. Section 1050.53(a) is revised as and a credit in the amount specified in (iv), (5) (i) and (ii) and (8) are revised follows: § 1050.84(b) (2) with respect to receipts as follows; § 1050.53 Location adjustments to from an unregulated supply plant, except § 1050.45 Allocation of skim milk and handlers. that the credit for receipts of reconsti­ butterfat classified. (a) The Class I price for producer milktuted skim milk in filled milk shall be at and other source milk (for which a loca­ the Class II price, unless an obligation (a) * * * tion adjustment is applicable) at a plant with respect to such plant is computed (la) Subtract from the total pounds that is outside Zone I shall be adjusted as specified below in this subparagraph; of skim milk in Class I the pounds of as follows: and skim milk in receipts of packaged fluid (1) At a plant in Zone II or in the Illi­ ♦ * * * * nulk products from an unregulated sup­ nois counties of Henry and Mercer, the (b) * * * ply plant to the extent that an equivalent Class I price shall be decreased 5 cents; (2) Deduct the respective amounts of amount of skim milk disposed of to such and skim milk and butterfat received at the Plant by handlers under this or any other (2) At a plant located outside the plant: issued pursuant to the Act is clas­ State of Illinois, or in the State of Illinois (i) As Class I milk from pool plants sified and priced as Class I milk and is but north of the northernmost bound­ and other order plants, except that de­ ot used as an offset or any other pay­ aries of the counties of Mercer, Henry, ducted under a similar provision of an­ ment obligation under this or any other Bureau, La Salle, Grundy, and Kankakee other order issued pursuant to the Act; order; the Class I price shall be reduced 7.5 if and * * * * such plant is 50 or more miles by the (ii) From a nonpool plant that is not (4) * * * shortest highway distance, as determined an other order plant (or producer-han­ miiiJ- of reconstituted skim by the market administrator from the dler plant) to the extent that an equiva­ “mK in filled milk from unregulated sup- City Hall in Peoria, HI., plus an addi­ lent amount of skim milk or butterfat y Plants that were not subtracted tional 1.5 cents for each 10 miles or frac­ disposed of to su.ch nonpool plant by

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17054 PROPOSED RULE MAKING handlers fully regulated under this or months of April, May, and June an Federal Aviation Regulations by adding any other order issued pursuant to the amount equal to 25 cents per hundred­ an airworthiness directive applicable to Act is classified and priced as Class I weight of producer milk specified in par­ Douglas DC-9 series airplanes. There has milk and is not used as an offset on any agraph (e) (1) of this section; been a failure of the emergency evacua­ other payment obligation under this or (i) Add in the case of milk deliveredtion slide to deploy properly during an any other order; during each of the months of September emergency evacuation of a Douglas DC-9

♦ * * * and December 20 percent and during series airplane because of entrance/serv- (5) From the value of such milk at theeach of the months of October and No­ ice door jamming. The result was the loss Class I price applicable at the location vember 30 percent of the total amount of the use of an emergency exit and the of the nonpool plant (not to be less than subtracted pursuant i;o paragraph (h) loss of evacuation time during the the Class n price), subtract its value at of this section; emergency. Since this condition is likely the weighted average price applicable at * * * * * to exist or develop in other airplanes of 13. Section 1050.82 is revised as follows: the same type, the proposed airworth­ such location or the Class II price, iness directive would require rework to whichever is higher and add for the § 1050.82 Location differentials to pro­ the evacuation slide cover latch assembly quantity of reconstituted skim milk spec­ ducers and on nonpool milk. ified in subparagraph (3) of this para­ on Douglas DC-9 series airplanes. graph its value computed at the Class I (a) In making payments pursuant to Interested persons are invited to par­ price applicable at the location of the § 1050.80 the uniform price per hundred­ ticipate in the making of the proposed nonpool plant (not to be less than the weight for producer milk received at a rule by submitting such written data, Class II price), less the value of such plant outside Zone I shall be adjusted views, or arguments as they may desire. skim milk at the Class II price. according to the location of the plant at Communications should identify the 11. In § 1050.70 paragraphs (e) and the rates set forth in § 1050.53. docket number and be submitted in du­ (f) are revised as follows: (b) For purposes of computation pur­ plicate to the Federal Aviation Adminis­ suant to §§ 1050.84 and 1050.85 the tration, Western Region, Office of the § 1050.70 Computation of the net pool weighted average price shall be adjusted Regional Counsel, Attention: Rules obligation of each pool handler. in the same manner as the uniform price Docket, Post Office Box 92007, Worldway * * * * * is adjusted pursuant to paragraph (a) Postal Center, Los Angeles, Calif. 90009. (e) Add an amount equal to the differ­ of this section for the location of the All communications received on or be­ ence between the value at the Class I nonpool plant from which the milk was fore December 5, 1970, will be considered price applicable at the pool plant and received. by the Administrator before taking ac­ the value at the Class n price with re­ 14. Section 1050.87 is revised as tion upon the proposed rule. The pro­ spect to skim milk and butterfat in follows: posals contained in this notice may be other source milk subtracted from Class changed in the light of comments re­ I pursuant to § 1050.45(a) (4) and the § 1050.87 Expense of administration. ceived. All comments will be available, corresponding step of § 1050.45(b), ex­ As his pro rata share of the expense both before and after the closing date for cept that for receipts of fluid milk prod­ of administration of the order, each han­ comments, in the rules docket for exam­ ucts assigned to Class I pursuant to dler (excluding a cooperative association ination by interested persons. § 1050.45(a) (4) (iv) and (v) and the in its capacity as a handler pursuant to This amendment is proposed under corresponding steps of § 1050.45(b) the § 1050.9(d) with respect to milk delivered the authority of sections 313(a), 601, Class I price shall be adjusted to the to pool plants) shall pay to the market and 603 of the Federal Aviation Act of location of the transferor plant (but not administrator on or before the 20th day 1958 (49 U.S.C. 1354(a), 1421, and 1423) to be less than the Class n price); and after the end of the month 5 cents per and section (c) of the Department of (f) Add an amount equal to the value 6 hundredweight or such lesser amount as Transportation Act (49 U.S.C. 1655(c)). at the Class I price, adjusted for location the Secretary may prescribe with respect at the nearest nonpool plant(s) from In consideration of the foregoing, it to: is proposed to amend § 39.13 of Part 39 which an equivalent volume was received, (a) Producer milk (including such but not to be less than the Class n price, handler’s own production). of the Federal Aviation Regulations by with respect to skim milk and butterfat adding the following new airworthiness subtracted from Class I pursuant- to (b) Other source milk allocated to § 1050.45(a) (8) and the corresponding Class I pursuant to § 1050.45(a) (4) and directive: step of § 1050.45(b) (excluding skim (8) and the corresponding steps of McDo n n ell D ouglas. Applies to DC—9 series milk or butterfat in bulk receipts of fluid § 1050.45(b), except other source milk airplanes certificated in all categories. milk products from an unregulated sup­ on which no handler obligation applies Compliance required within the next 500 pursuant to § 1050.70(f); and hours’ time in service after the effective date ply plant to the extent that an equivalent of this AD, unless already accomplished. amount of skim milk or butterfat dis­ (c) Class I milk disposed of on routes To prevent failures in the deployment of posed of to such plant by handlers fully in the marketing area from partially reg­ the emergency evacuation slide, accomplish regulated under this or any other order ulated distributing plants that exceeds the following: issued pursuant to the Act is classified Class I milk specified in § 1050.62(b) (2). (a) Modify the Douglas Aircraft Co. F/« and priced as Class I milk and is not used 3753213-39 latch clip in accordance witn [F.R. Doc. 70-14897; Filed, Nov. 4, 1970; Douglas Aircraft Co. All Operators Letter as an offset on any other payment obliga­ 8:49 a.m.] (AOL) 9-370 dated November 17, 1969, to tion under this or any other order). provide a notch in the latch clip at t e 12. In § 1050.71, paragraphs (a), (h), point of interference with the clevis pin in and (i) are revised as follows: the swaged head of the emergency evacua­ DEPARTMENT OF tion slide deployment cable assembly, or § 1050.71 Computation of the uniform (b) Replace Douglas P/N 3753213-39 latch price. clip with Douglas P/N 3753213-99 latch clip ***** TRANSPORTATION (c) An equivalent modification approved (a) Combine into one total the values Federal Aviation Administration computed pursuant to § 1050.70 for all by the Chief, Aircraft Engineering Division, handlers who filed the reports prescribed [1 4 CFR Part 39 1 FAA Western Region. by § 1050.30 for the month and who made [Airworthiness Docket No. 70-WE-36-AD] Issued in Los Angeles, Calif., on the payments pursuant to § 1050.84 for ____ o r r i nnn the preceding month; DOUGLAS MODEL DC-9 SERIES W illiam R. K rieger, * * * * * AIRPLANES Acting Director, , (h) Subtract in the case of milk deliv­ Proposed Airworthiness Directive FAA Western Region. ered during each of the months of March and July an amount equal to 15 cents per The Federal Aviation Administration [FR. Doc. 70-14893; Filed, Nov. 4, 1970; hundredweight and dining each of the Is considering amending Part 39 of the 8:48 a.m.J

FEDERAL REGISTER. VOL. 35. NO. 216— THURSDAY, NOVEMBER 5, 1970 PROPOSED RULE MAKING 17055

National Highway Safety Bureau read “be 5± 1 percent by weight. The pH the delegations of authority at 49 CFR of the”. The last line of the third column 1.51 (35 F.R. 4955) and 49 CFR 501.8 [ 49 CFR Part 571 ] is corrected to read “38° C./1000 F. and (35F.R. 11126). [Docket No. 1-5; Notice 3] then immediately dry.”. Page 13745: The last line of S6.2.1 is Issued on October 29,1970. BRAKE HOSES AND BRAKE HOSE corrected to read “while under 25±1 p.s.i. R odolfo A. D iaz, ASSEMBLIES air pressure.”. The eighth and ninth Acting Associate Director, lines in the second column are corrected Motor Vehicle Programs. Proposed Motor Vehicle Safety to read “Designation D573), and tested [F.R. Doc. 70-14880; Piled, Nov. 4, 1970; Standard; Corrections to 100±1° C./212±1.8° F. After removal 8:48 a.m.] In 35 F.R. 13738 (Friday, Aug. 28, from oven”. The ninth line of S6.2.9(a) 1970), the following corrections should is corrected to read “of approximately be made: 70 kg./cm.2 (1,000”, and the third from E 49 CFR Part 571 ] Page 13738: The fourth and fifth lines the last line of that same paragraph is [Docket No. 4-3; Notice 2] of the second complete paragraph in the corrected to read “2,000 p.s.i., apply pres­ last column are corrected to read “in sure at 700 kg./cm.2”. JACKING SYSTEMS IN PASSENGER SAE Standards J1402a (Air Brake Hose> Page 13746: The first line of S6.3.2 is CARS, MULTIPURPOSE PASSENGER and J1403 (Vacuum Brake Hose) ”. corrected to read “Salt spray test. Con­ VEHICLES, AND TRUCKS AND Page 13739: The second line of the last duct S6.1.11”. The third line in S6.3.10 paragraph of the preamble is corrected (c) is corrected to read “scribed in S6.3.7, BUSES to read “is proposed that Standard No. except that no measure-”. Proposed Motor Vehicle Safety 106 of”. “S4.1.3.2(b) ” is corrected to read Page 13747: The sixth line of S6.3.12 Standard “S4.1.3.1(b)”. (iii) is corrected to read “ing the thick­ Page 13740: The third from the last ness to within 0.25 mm. (0.001 in.).”. On October 14,1967, the Federal High­ line under Type F is corrected to read Page 13748: The last line of subdivi­ way Administrator published an advance “ant compound. Type F air brake hose”. sion (iii), in the second column, is cor­ notice of a proposed motor vehicle safety The first and second lines of the last rected to read “that for tension test set standard, requesting interested persons paragraph in S4.2.1 are corrected to read (see (c) (i)).”. The seventh from the last to comment on the safety of operation of “These constructions of hose embody a line of paragraph (d), in the third col­ jacks provided as original equipment in smooth bore tube of oil resisting”. The umn, is corrected to read “letting L in passenger cars and multipurpose pas­ first line of S4.2.2(e) is corrected to read the above equation for elonga-”. senger vehicles (32 F.R. 14278). This is “ (e) Length Change. Type A, C, D and”. This notice of corrections is issued un­ a notice proposing a new motor vehicle Page 13741: The second and third der the authority of sections 103 and 119 safety standard that would require motor lines of S4.2.2(k) are corrected to read of the National Traffic and Motor Ve­ vehicles, when equipped with jacking de­ “specimen of tube Types A, B, C, D, E, hicle Safety Act of 1966 (15 U.S.C. 1392, vices, to meet certain performance and F air brake hose and cover Types A, 1407), and the delegations of authority requirements. B,”. The example of S4.2.3.1(a) is cor­ at 49 CFR 1.51 (35 F.R. 4955) and 49 The proposed standard is entitled rected to place “(i)” under the numeral CFR 501.8 (35 F.R. 11126). “Jacking Systems,” and its application 1. “S4.2.3(b)” is corrected to read would be extended beyond that proposed “S.4.2.3.1(b) Issued on October 29,1970. in the advance notice to include trucks Page 13742: The second line of S4.3.4 R odolfo A. D iaz, and buses of 10,000 pounds or less gross (b) is corrected to read “requirements of Acting Associate Director, vehicle weight rating, as well as pas­ S4.3.2Q). (S6.3.10) ”. The third line of Motor Vehicle Programs. senger cars and multipurpose passenger S4.3.4(e) is corrected to read “than 50 vehicles. The phrase “jacking system” percent. (S6.2.11)”. The second line of [F.R. Doc. 70-14881; Piled, Nov. 4, 1970; is used to illustrate the standard’s pur­ 84.3.4(f) is corrected to read “have a 8:48 a.m.] pose of regulating the performance of tensile strength not less than 700 p.s.i.”. motor vehicles and motor vehicle jack­ The seventh line of S4.3.5 is corrected to E 49 CFR Part 571 1 ing devices when used together, and to read “(S6.2.11). The brake hose itself eliminate the possibility of new motor shall”. The first and second lines of S5.2 [Docket No. 2-10; Notice 3] vehicles being equipped with unsuitable are corrected to read “Except for S6.1.8, jacks. S6.2.4, and S6.3.4 the test samples shall BUS WINDOW RETENTION AND The proposed inclusion of trucks and be stabilized”. The third line in the third RELEASE buses of 10,000 pounds or less gross ve­ column is corrected to read “shall be Proposed Motor Vehicle Safety Stand­ hicle weight rating results from the tested for constriction. (S6.1.1)”. The determination that vehicles of this type fifth and sixth lines of S6.1.1 are cor­ ard; Extension of Time for Comments and class are generally designed so that rected to read “minimum for %-inch A notice of proposed rule making on the operator will be capable of making hose, 0.120-inch minimum for %6-inch Bus Window Retention and Release was tire changes in transit, using equipment hose, and 0.165-”. issued on August 6,1970 (35 F.R. 13025). normally carried in the vehicle. Page 13743: The ninth line in S6.1.3 The closing date for comments is No­ The proposed standard would not re­ (a) is corrected to read “shall be made vember 12, 1970. The National Associa­ quire the motor vehicle manufacturer to * «¿y?g hose with”. The reference tion of Motor Bus Owners has requested equip the vehicle with a jacking device. r° , in Table EX on the first line an extension of time to submit com­ Some purchasers of motor vehicles to m the second column under “Slack, in.” ments to this docket, because of the time which the standard would apply may not is corrected to read “%6-in.” needed to study the effect the proposed wish to purchase vehicles equipped with Page 13744: The eighth line of S6.1.4 regulation will have on its members, and spare tires or jacking devices, and it is J", ^^tcd to read “as slack in so that more meaningful comments can felt that these purchasers should not be nt c l « 1 The reduction”. The last line be submitted. The time to submit com­ burdened with the additional cost of a 1S corrected to read “from the ments on the above notice is accordingly jacking device. Fleet purchasers, for ex­

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17056 PROPOSED RULE MAKING The proposed standard would require proceed at any time after that date, and device nor any part of the vehicle shall each vehicle equipped with a jacking de­ comments received after the closing date collapse. ) vice by its manufacturer, when tested and too late for consideration in regard (b) While the vehicle is retained at with that device, to meet requirements to the action will be treated as sugges­ the highest operable position of the for stability, strength, and durability. It tions for future rulemaking. The Bureau jacking device in accordance with would also require manufacturers to pro­ will continue to file relevant material, as S5.3.1(b), it shall not lower more than vide instructions, in the form of a label it becomes available, in the docket after 2 inches, and the lowest point of the tire placed in the vehicle, on assembly of the the closing date, and it is recommended shall not lower to a point less than jacking device and its use at all wheel that interested persons continue to ex­ 2 inches from the surface. positions. The proposed standard defines amine the docket for new materials. 54.3 Inflatable jacking devices. When “jacking device” to include wheel chocks, This notice of proposed rulemaking is tested in accordance with S5.1 and S5.4, if the manufacturer so desires, and al­ issued under the authority of sections an inflatable jacking device shall per­ lows the manufacturer to use wheel 103, 112, and 119 of the National Traffic form two jacking cycles without leakage chocks in meeting most of the perform­ and Motor Vehicle Safety Act of 1966 (15 or rupture. ance requirements. If the manufacturer U.S.C. §§ 1392, 1401, 1407) and the dele­ 54.4 Bearing pressure. When com­ does use wheel chocks in meeting the re­ gations of authority at 49 CFR 1.51 (35 puted in accordance with S5.5, the aver­ quirements, however, he must furnish F.R. 4955) and 49 CFR 501.8 (35 F.R. age bearing pressure of the jacking de­ them as part of the jacking device, and 11126). vice shall not exceed the maximum must also provide specific information in Issued on October 29,1970. recommended cold inflation pressure of the label on their intended use. any tire recommended for the vehicle. The proposed stability requirements R odolfo A. D iaz, 54.5 Labeling. A label, which may would require each vehicle, when jacked Acting Associate Director, include diagrams, shall be permanently up on a ground surface of specified slope, Motor Vehicle Programs. affixed to each vehicle equipped with a to withstand static forces at each wheel § 571.21 Federal motor vehicle safety jacking device in the general area where position of 150 pounds applied for 30 standards. the device is carried. The label shall con­ seconds from various directions. While ***** tain the following information, printed this requirement would be allowed to be in the English language, in block capitals J acking S ystems—P assenger Cars, Mul­ met with wheel chocks when the vehicle at least %2-inch high and of a color that is so equipped, the proposed standard tipurpose P assenger Vehicles, and contrasts with their background: would also require the vehicle to meet T rucks and B uses of 10,000 P ounds or (a) Instructions for assembly and op­ the same force requirements on a level Less G ross Vehicle W eight R ating eration of the jacking device, including surface without wheel chocks being used. 51. Purpose and scope. This standard identification of the recommended points The strength and durability require­ specifies requirements for motor vehicle of engagement between the jacking de­ ments would require that the jacking de­ jacking systems to minimize the likeli­ vice and the vehicle, for each wheel. vice be able to raise and lower the ve­ hood of injury when the jacking device (b) Instructions on the placement of hicle at least 100 times, and at the 100th is used to raise and lower the vehicle. the wheel chocks at each wheel position, cycle, to hold the vehicle in the raised 52. Application. This standard applies where a manufacturer includes wheel position for 1 hour. Requirements for to each of the following, when equipped chocks as part of the jacking device for positive control of jacking device move­ by the manufacturer with a jacking the purpose of meeting the requirements ment are also proposed, as well as a re­ device: of S4. quirement which would prevent upward (a) Passenger cars. (c) Recommendations of the manu­ jacking that might result in the inad­ - (b) Multipurpose passenger vehicles. facturer as to application of vehicle vertent jacking of the vehicle off the (c) Buses and trucks of 10,000 poundsbrakes, chocking wheels, apart from the device. The standard would further re­ or less gross vehicle weight rating. instructions furnished in (b), and any quire inflatable jacking devices to be able 53. Definitions. “Inflatable Jacking limitations on the intended use of the to operate under extreme temperature Device” means a jacking device that jacking device. conditions. Finally, the standard pro­ raises the vehicle by using compressed 54.6 A jacking device shall not begin poses that the jacking device have a base air or gas which expands the size of the to lower the vehicle from any position of sufficient size to create no more pres­ device. without manual actuation. A mechanical sure on the ground surface than that “Jacking Cycle” means the movement jacking device, when attached to the created by the maximum cold inflation of the jacking device from its lowest op­ vehicle for jacking purposes, shall not pressure of any tire recommended for the erable position to its highest operable lower the vehicle from any position with­ vehicle. position and then lowering it to its low­ out continuous manual operation at each Proposed effective date: January 1, est operable position. level of downward movement. 1972. “Jacking Device” means an item of 54.7 A mechanical jacking device In consideration of the foregoing, it is motor vehicle equipment, which may in­ shall not be operable in an upward di­ proposed that § 571.21 of Title 49, Code clude wheel chocks, that is separate from rection beyond its intended highest of Federal Regulations, be amended by the vehicle and is used to lift and hold operable position. adding a new motor vehicle safety stand­ one or more of the vehicle’s wheels off 54.8 Control positions for raising and ard, “Jacking Systems,” as set forth the ground primarily for the purpose of lowering the jacking device shall be below. enabling the user to change tires. marked as “up” and “down” on the de­ Interested persons are invited to sub­ 54. Requirements. Each vehicle shall vice in letters meeting the size and the mit written data, views, and arguments meet the requirements of this standard language requirements of S4.5. concerning the proposed standard. Com­ with the jacking device with which it is S5. Test conditions and procedures. ments should refer to Docket No. 4-3, equipped by its manufacturer. 55.1 Test conditions. The require­ Notice 2, and be submitted to: Docket 54.1 Stability. When tested in ac­ ments of S4. shall be met under the fol­ Section, National Highway Safety Bu­ cordance with S5.1 and S5.2: lowing conditions. reau, Room 4223A, 400 Seventh Street (a) The vehicle shall not fall from (a) The vehicle is equipped with the SW., Washington, DC. 20591. It is re­ the jacking device, and neither the jack­ largest recommended tire and wheel as­ quested, but not required, that 10 copies ing device nor any part of the vehicle sembly for each wheel position, at its be submitted. All comments received be­ shall collapse. recommended cold inflation pressure. fore the close of business on February 2, (b) The lowest point of the tire shall (b) The vehicle is loaded to its gross 1971, will be considered, and will be avail­ rise at least 2 inches from the surface vehicle weight rating, distributed in pro­ able for examination in the docket room each time the jacking device is raised to portion to its gross axle weight ratings. at the above address both before and its highest operable position. (c) The jacking device is assembled after the closing date. To the extent pos­ 54.2 Strength and durability. When and used in accordance with the instruc­ sible, comments filed after the closing tested in accordance with S5.1 and S5.3 : tions provided on the label required pur­ date will be considered by the Bureau. (a) The vehicle shall not fall from thesuant to S4.5. However, the rulemaking action may jacking device, and neither the jacking 55.2 Stability test procedures. (FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 PROPOSED RULE MAKING 17057 55.2.1 Sloped surface. Using the jack­ jacking cycle on an unyielding level sur­ ing device with which the vehicle is face at the recommended point of en­ FEDERAL COMMUNICATIONS equipped, apply the forces specified in gagement that exerts the greatest load S5.2.3— on the jacking device, with full inflation (a) With the vehicle on an unyield­ achieved within 3 minutes of removal COMMISSION ing surface with an upward slope of 10 from the conditioning chamber. [ 47 CFR Part 23 ] ' percent forward and 10 percent to the (c) Repeat the test, using a condition­ [Docket No. 19073; FCC 70-1155] left; and ing temperature of 150° P. (b) With the vehicle on an unyielding S5.5 Bearing pressure determination INTERNATIONAL FIXED PUBLIC surface with an upward slope of 10 per­ procedure. With the vehicle and jack­ RADIOCOMMUNICATION SERVICES cent rearward and 10 percent to the left. ing device on an unyielding level surface: Notice of Proposed Rule Making 55.2.2 Level surface. Using the jack­ (a) Determine the greatest weight, ing device with which the vehicle is among all recommended points of en­ 1. In this proceeding, the Commission equipped, but without using any wheel gagement, imposed upon the jacking proposes to amend Part 23 of the rules, chock furnished as part of the device, ap­ device at its maximum point of upward International Fixed Public Radiocom­ ply the forces specified in S5.2.3 with the munication Services, to bring certain sec­ vehicle on an unyielding level surface. travel. (b) Measure the area of the projection tions concerned with the technical op­ 55.2.3 Force application, (a) Using eration of radio stations into conformity any recommended point of engagement, onto the ground surface of the portion of the base of the jacking device that is with the most recent revisions of the In­ raise the vehicle to the highest operable ternational Radio Regulations, Geneva position of the jacking device. beneath a horizontal plane x/2 inch above the lowest point of the device. 1968, and to add rules with respect to cer­ (b) Apply a 150-pound static force to tain matters not heretofore contained in the vehicle’s surface for 30 seconds, in a (c) Divide the weight obtained in this part. The proposed amendments are direction parallel to the ground surface, paragraph (a) by the area obtained in more fully described below, and are set through each of the following four points, paragraph (b). forth in detail below. in any order: [F.R. Doc. 70-14884; Filed, Nov. 4, 1970; 2. Present §§ 23.1 through 23.10 are (1) The forwardmost and rearmost . 8:48 a.m.] definitions of terms used in Part 23. points on the intersection of a vertical These are being reorganized in a single plane through the vehicle’s longitudinal § 23.1 containing the definitions of terms axis, determined before raising the ve­ [ 49 CFR Part 575 1 as used in this part, including some def­ hicle, with the vehicle exterior surface; [Docket No 28-3; Notice 5] initions not now contained in Part 23. and 3. Present § 23.11, first paragraph, (2) The points farthest outboard to CONSUMER INFORMATION: SIDE change § 23.10 to § 23.1. the right and left on the intersection of DOOR STRENGTH IN PASSENGER 4. Present § 23.12—no change. a vertical plane through the vehicle’s lat­ CARS 5. Present § 23.13 does not include eral centerline, determined before rais­ numbered forms applicable to the Inter­ ing the vehicle, with the vehicle exterior Termination of Notice of Proposed national Fixed Public Radiocommuni­ surface that is below the daylight Rule Making opening. cation Services. It is proposed to delete The purpose of this notice is to termi­ this section and substitute a new § 23.50, (c) Repeat the procedure specified in which will contain a list of all numbered (a) and (b) with the jacking device rais­ nate rulemaking proceedings on con­ ing the vehicle at each remaining wheel sumer information regulations dealing forms required by applicants under this with side door strength. Notices of pro­ part, and reference to the schedule of position. fees to be found in Part 1. 55.3 Strength and durability test posed rulemaking on this subject were procedure. published on December 11, 1968 (33 F:R. 6. New § 23.18 sets forth a general re­ 18382), January 21, 1970 (35 F.R. 813) quirement regarding the use of minimum S5.3.1 With the vehicle and jacking power necessary to ensure a satisfactory device on an unyielding level surface— and July 14, 1970 (35 F.R. 11245). (a) Using any recommended point of The issuance of Motor Vehicle Safety service. engagement, raise and lower the vehicle Standard No. 214—Side Door Strength— 7. New § 23.19 sets forth a general re­ through 99 jacking cycles, which may Passenger Cars (35 F.R. 16801, Oct. 30, quirement regarding use of directional include those cycles performed pursuant 1970) substantially reduces the useful­ antennas, wherever practicable, for both to S5.2. ness of consumer information on the transmitting and receiving. (b) Raise the vehicle to the highest subject. This consideration, together 8. Present § 23.20—no change. operable position of the jacking device with comments in the docket, supports 9. New § 23.21, titled Communications and retain it in that position for 1 hour, a decision not to issue a consumer in­ by international control stations, is pro­ hower the vehicle. Each vehicle must be formation regulation on side door posed to describe what types of communi­ capable of meeting the requirements of strength. If changed conditions indicate cations can be handled by international «4.2 at each recomemnded point of en­ a need for such regulations in the future, fixed public control stations and what gagement, but a given vehicle need not appropriate notices of proposed rule- frequencies will be available to them as meet those requirements after being making will be issued and time will be stated in Part 2. tested at one point. afforded for comment. 10. Present § 23.21, Facsimile, and a *5ui'2 . PoF the PurPoses of S5.3, in­ This action is taken under the au­ § 23.22, Bandwidth, multiple channel, flatable jacking devices may be inflated thority of sections 112 and 119 of the are proposed to be deleted since the sub­ yother t'kan the inflation source with National Traffic and Motor Vehicle stance of these rules is contained in the wmch the jacking device is normally Safety Act (15 U.S.C. 1401, 1407), and more inclusive new proposed §§ 23.13 quipped, but only at the vehicle maiiu- the delegations of authority at 49 CFR 23.14 and 23.15. Proposed new § 23.13, reconamended pressure levels 1.51 (35 F.R. 4955), and 49 CFR 501.8 Types of emission, states that any of the for the device. (35 F .R .11126). types of emission described in Part 2 Temperature test procedure for Issued on October 29, 1970. of the rules may be authorized subject ihl-o iackin9 devices, (a) Condition to certain conditions. Proposed new muatable jacking device and its in- R odolfo A. D iaz, § 23.14, Emission, bandwidth, modula­ tnra0Il source for 4 hours at a tempera­ Acting Associate Director, ture of— 40° f . tion, and transmission characteristics, Motor Vehicle Programs. outlines how emissions will be classified ^he device from the con- [F.R. Doc. 70-14883; Filed, Nov. 4, 1970; and designated for stations discussed mg chamber and complete one 8:48 a.m.] under this part. Proposed new § 23.15,

No. 216----- 5 FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, T970 17058 PROPOSED RULE MAKING Emission limitations, sets forth limits for 22. Present §§ 23.48 and 23.49—re­ unnamed points in accordance with the the out-of-band components of emissions number §§ 23.49 and 23.55, respectively. provisions of § 23.53. which are equal to or more stringent 23. New § 23.48, Content of station N o te: This section is not intended as1 a than those currently recommended by records, sets forth the technical data to definition of any press classification. Cor­ the C.C.I.R. and follows closely limita­ be recorded in the station records. respondence admissible under any press tions set forth in other parts of the 24. Present §§ 23.51, 23.52—no change. classfication is determined by the tariffs of Commission’s Rules. 25. Present § 23.53. A sentence was thé various common carriers on file with the 11. Present §§ 23.23, 23.24, 23.25, 23.26, omitted from this section in a 1962 revi­ Commission. 23.27,23.28—no change. sion. It is proposed to correct this by Fixed station. The term “fixed sta­ 12. Present § 23.29 is proposed to be adding the ommitted sentence. tion” in the fixed public or fixed public revised to extend the specified license 26. Present § 23.54—no change. press service includes all apparatus used term from 2 to 5 years. In the past, when 27. The proposed amendment to the in rendering the authorized service at policy considerations were developing rules, as set forth above, is issued pur­ a particular location under a single in­ and when changes in these licenses such suant to the authority contained in sec­ strument of authorization. as new frequencies, emissions, points of tions 4(i) and 303 of the Communications International fixed public radiocom­ communication, etc., occurred fre­ Act of 1934, as amended. munication service. A fixed service, the quently, it was advantageous to renew 28. Pursuant to the applicable pro­ stations of which are open to public the licenses and incorporate all changes cedures set forth in § 1.145 of the Com­ correspondence and which, in general, in the new dociunents at frequent inter­ mission’s rules. Interested persons may is intended to provide radiocommunica­ vals. With the declining use of HP radio file comments on or before December 1, tions between any one of the contiguous systems for international communica­ 1970 and reply comments on or before 48 States (iiicluding the District of Co­ tions, there is less need for frequent re­ January 15,1971. All relevant and timely lumbia) and the State of Alaska, or the vision of the licenses and hence it ap­ comments will be considered by the Com­ State of Hawaii, or any U.S. possession pears desirable to extend the term of mission before final action is taken in or any foreign point; or between any these licenses to 5 years, the maximum this proceeding. In reaching its deci­ U.S. possession and any other point; or permissible by the Act. sion, the Commission may also take into between the State of Alaska and any 13. It is proposed to delete the present account other relevant information be­ other point; or between the State of § 23.30, Tolerances, and substitute there­ fore it, in addition to the specific Hawaii and any other point. In addition, for a new § 23.16 titled Frequency Sta­ comments invited by this notice. radiocommunications within the contig­ bility, which will specify frequency 29. In accordance with the provisions uous 48 States (including the District of tolerances for frequency bands used in of § 1.419 of the Commission’s rules, an Columbia) in connection with the relay­ these services between 10 kHz and 40,000 original and 14 copies of all statements, ing of international traffic between sta­ MHz. The specified tolerances which briefs, or comments filed shall be tions which provide the above service, will be applicable to all transmitters in­ furnished the Commission. are also deemed to be in the international stalled after January 1, 1971, and to all fixed public radiocommunication serv­ transmitters after June 1,1971, are based Adopted: October 28,1970. ice: Provided, however, That communi­ on the Geneva 1968 Radio Regulations Released: November 2,1970. cations solely between Alaska, or any and in cases where the requirements of one of the contiguous 48 States (includ­ the Radio Regulations are exceeded, on F ederal Communications ing the District of Columbia), and either current state of the art capabilities. Commission,1 Canada or Mexico are not deemed to be 14. Present §§23.31 and 23.32—no [seal] B en F. W aple, in the international fixed public radio- change. Secretary. communication service when such radio- 15. Present § 23.33, Transmissions dur­ Part 23 of the Commission’s rules and communications are transmitted on ing international silent period. It is regulations is amended as follows: frequencies above 72 MHz. proposed to delete this section since it 1. Section 23.1 is revised to read as International fixed public control appears to be no longer applicable to follows: service. A fixed service carried on for the this service. purpose of communicating between 16. It is proposed to delete present § 23.1 Definitions. transmitting stations, receiving stations, § 23.34 and substitute therefor a new Authorized service. The term “author­ message centers, or control points in the § 23.17 which contains the substance of ized service” of a point-to-point radio­ international fixed public radiocom­ the present rule and in addition will telegraph or radiotelephone station munication service. require records of frequency measure­ means the transmission of public cor­ Point-to-point telegraph station. The ments to be kept. respondence to a point of communica­ term “point-to-point telegraph station” 17. Present §§ 23.35, 23.36, 23.37, 23.38, tion as defined herein subject to such means a fixed station authorized for 23.39, and 23.40—no change. special provisions as may be contained 18. Present § 23.41 is proposed to be radiotelegraph communication. in the license of the station or in ac­ Point-to-point telephone station. The deleted and new § 23.41 is proposed to cordance with § 23.53. take its place, consisting of revised re­ term “point-to-point telephone station” quirements for the quarterly report of Fixed public service. The term “fixed means a fixed station authorized for use of transmitted and received public service” means a radiocommuni­ radiotelephone communication. frequencies. cation service carried on between fixed Point of communication. The term 19. Present §§ 23.42, 23.43, 23.44, and stations open to public correspondence. “point of communication” means a spe­ 23.45—no change. Fixed public press service. The term cific location designated in the license to 20. Present §.23.46, Operators, place of “fixed public press service” means a which a station is authorized to commu­ duty, is proposed to be deleted and new limited radiocommunication service nicate for the transmission of public § 23.46 is proposed to include the require­ carried on between point-to-point tele­ correspondence. ments of the present sections plus a graph stations, consisting of transmis­ Radiotelegraph. The term “radiotele­ detailed outline specifying classes of sions by fixed stations open to limited graph” as used in this part shall be licenses required, and general duties of public correspondence, of news items, or construed to include types A0, Al, A2, operators. These details have not been other material related to or intended for A4, Fl, F2, and F4 emission. publication by press agencies, news­ contained in Part 23 before. papers, or for public dissemination. In Radiotelephone. The term “radiotele­ 21. New § 23.47 is proposed to take the addition, these transmissions may be phone” as used in this part, with respect place of present § 23.47. This new section directed to one or more fixed points spe­ to operation on frequencies below 30 will give a more detailed description of cifically named in a station license, or to MHz, irieans a system of radiocommuni­ the manner in which station records are cation for the transmission of speech or, to be kept and the requirements for in some cases, other sounds by means of retention of certain records. 1 Commissioner Bartley absent. amplitude modulation including double

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 PROPOSED RULE MAKING 17059 sideband (A3), single sideband (A3A, mean power of the fundamental without of power for a transmitter or transmit­ A3H, or A3J) or independent sideband exceeding the power of 50 milliwatts. ters, when deemed necessary by the (A3B) transmission. (b) For transmitters operating on fre­ Commission. §§ 23.2-23.10 [Deleted] quencies above 30 MHz: The mean pow­ (b) Use of minimum power. In the in­ ers of emissions shall be attenuated be­ terest of avoiding interference to other 2. Sections 23.2 through 23.10 arelow the mean output power of the trans­ operations, all stations shall radiate only deleted. mitter in accordance with the following as much power as is necessary to ensure schedule: a satisfactory service. § 23.11 [Amended] (1) On any frequency removed from 3. In § 23.11, reference to § 23.10 is the assigned frequency by more than 50 § 23.19 Use of directional antennas. changed to § 23.1. percent up to and including 100 percent Insofar as is practicable, directional 4. Section 23.13 is revised to read as of the authorized bandwidth: at least antennas, of type consistent with the follows: 25 decibels; current state of art, shall be used on §23.13 Types o f emission. (2) On any frequency removed from all circuits for both transmitting and the assigned frequency by more than 100 receiving. Stations in the international fixed percent and up to and including 250 per­ 6. Section 23.21 is revised to read as public radiocommunication services may cent of the assigned frequency band: at follows: be authorized to use any of the types of least 35 decibels; emission or combinations thereof, de­ § 23.21 Communications by interna­ scribed in Part 2 of this chapter, as well (3) On any frequency removed from tional control stations. as new types which may be developed: the assigned frequency by more than 250 percent of the assigned frequency band— Stations in the international fixed Provided, That harmful interference to at least 43 plus 10 log (mean output public control service are authorized to adjacent operations is not caused power in watts) decibels, or 80 decibels, communicate between transmitting sta­ thereby: And provided further, That the tions, receiving stations, message centers intelligence to be transmitted will use the whichever is the lesser attenuation. (c) When an emission outside of the or control points operating in the inter­ bandwidth requested to a degree of effi­ national fixed public radio communica­ ciency compatible with the current state occupied bandwidth or the assigned frequency band as indicated in the sec­ tion services for the purpose of handling of the art. A determination of the possi­ service messages or international traffic bilities of interference will be made as tion causes harmful interference, the Commission may, at its discretion, re­ between these points. Provided that only outlined in § 23.20. In-certain cases fre­ traffic originating in or destined to points quencies or emissions may be author­ quire greater attenuation than that specified in this section. outside the contiguous States may be ized on a temporary basis to determine handled. Frequencies designated for in­ if interference will occur. Emissions shall § 23.16 Frequency tolerances. ternational control stations in Part 2 of in all cases be centered around an as­ The operating frequency of stations in this chapter may be assigned to these signed frequency. stations. 5. Sections 23.14 through 23.19 arethe international fixed public radio­ added to read as follows: communication services shall be main­ § 23.22 [Deleted] tained within the following percentage § 23.14 Emission, bandwidth, modula' of the assigned frequency or an 7. Section 23.22 is deleted. tion and transmission characteristics* authorized reference frequency: § 23.29 [Amended] In the services under this part emis­ Tolerances applicable to new 8. In § 23.29, substitute the figure 5 for sions are designated by their classifica­ Frequency range transmitters installed after the figure 2 where it appears in the first tion and their necessary bandwidth in Jan. 1, 1971, and to all trans­ sentence. accordance with the following proce­ mitters after June 1,1971 dures: § 23.30 [Deleted] (a) Designation of emissions in ap­ Percent Parts per million 10-50 kH z...... 0.1 1000 9. Section 23.30 is deleted. plications. In applying for new frequency 50-535 k H z ...... 02 200 assignments for emissions not presently 1605-30,000 kHz...... 0015 15 §§ 23.33-23.34 [Deleted] 30-50 MHz...... 002 20 authorized, the emissions proposed to be 50-1000 MHz...... 0005 5 10. Sections 23.33 and 23.34 are deleted. used shall be described and their band- 1000-2500 MHz...... 001 10 11. Section 23.41 is revised to read as widths specified as outlined in Part 2 2500-10,500 MHz...... 005 50 follows: of this chapter. 10,500-40,000 MHz...... 05 500 ^ Designation of emissions in au- § 23.41 Quarterly report of frequency thorizations. The emission designations §23.17 Frequency measurement. usage. used in authorizations will indicate only Each station shall provide for the (a) Transmitted frequencies. Each li­ k 6 Jmaximum value of the necessary measurement of all frequencies assigned censee in the international fixed radio- Bandwidth for each type of modulation thereto, and establish a procedure for communication services shall submit a authorized. checking them regularly. These measure­ report of frequency usage for all author­ if* New types of emissions. If appli- ments shall be made by means independ­ ized frequencies below 30 MHz for each cation is made for a type of emission not ent of the frequency control of the station. If more than one station is oper­ by Part 2 of this chapter, a full transmitter and shall be of accuracy suf­ ated from a common control point, re­ d^cnpfcon of the emission must be pro- ficient to detect deviation from the as­ ports for the stations may be combined Hc« an^’ if Possible, measurements of signed frequency within one-half of the into one. This report shall be due 40 days its occupied bandwidth. allowed tolerance. A record shall be kept after the close of each calendar quarter of the results and dates of all frequency and shall contain the following informa­ § 23.15 Emission limitations. measurements. tion: Each frequency assigned to the sta­ „„1®*. transmitters operating on fre­ tion or stations and the number of hours quencies below 30 MHz: § 23.18 Authorization of power. it was used during the quarter to each occupied bandwidth of emis- (a) Authorized power. Power, when point of communication for each class of nnSihif11 bfl confined within the least designated in the respective station li­ service rendered (such as telegraph, tele­ th f v/V pe?trum space consistent with cense for a particular transmitter or phone, program, or radiophoto), the Quali+v ^ ?f the -art and the required transmitters, is peak envelope power for types of emission normally used to each quality of transmission, and in no event transmitters having single sideband or point of communication, and the total of the han one-half of 1 percent independent sideband emissions, and hours each frequency was used. radiatert0^ 1 power of the emission be carrier power for transmitters having (b) Received frequency report. Upon other emissions, unless specifically ex­ f ^ n c y ba^d. °r belOW the assiBned specific request by the Commission, li­ pressed otherwise. Designation of ef­ censees in the international fixed public tenua °iUS emissi°ns shall be at- fective radiated power may appear in the radiocommunication services shall fur­ nuated at least 40 decibels below the station license in addition to designation nish promptly the following information

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17060 PROPOSED RULE MAKING regarding frequencies received from all without being the holder of a radio phone exchange and manual morse code points of communication. All frequencies operator license. keying is not used, the operator (s) at received, including call signs, location of (iv) Unlicensed telegraph operators ofthat point need not be licensed by the transmitting station, type and bandwith appropriate skill as determined by the Commission provided that licensed op- of emission normally employed, point of radio station licensee may manipulate the erator(s) are on duty at the transmitter reception, and a symbol from the fol­ telegraph key of radiotelegraph stations location or authorized remote control lowing table indicating the amount of us­ provided that properly licensed radio­ point at all times that the station is in age of the particular received frequency. telegraph operators are on duty at the operation, and they are fully responsible Symbol Usage transmitting station or authorized re­ for the proper operation of the trans­ D______Daily regular use during busi­ mote control point and that such licensed mitting equipment. If manual morse code ness days. operators are fully responsible for the keying is used at a remote control point, O______Occasional use; not used daily, proper operation of the transmitting the provisions of paragraph (b) (1) of but offered frequently when equipment. this section shall apply. required by propagation or (2) Radiotelephone stations. Radio­ (3) When a radio station is radiating, operational conditions. telephone first- or second-class license: all adjustments or tests during or coin­ S______Seldom received; where rec­ Provided, however, That, if manual ords Indicate light use dur­ cident with the installation and servic­ ing the past year. Morse code keying is employed in accord­ ing or maintenance of the transmitter L______Limited use; limited by solar ance with § 23.12, the person manipulat­ and its associated equipment which may activity to a part of the ing the telegraph key shall be the holder affect the quality of transmission or pos­ solar cycle or to a part of of a valid radiotelegraph third-class per­ sibly cause the station radiation to ex­ each year. mit or higher class of radiotelegraph ceed the limits specified in its instru­ The following criteria shall be used to license. ment of authorization or in the rules per­ determine whether or not a frequency (3) Radiotelegraph - radiotelephone taining to such station shall be made by shall be reported as received: stations. Provisions under subparagraph or under the immediate supervision and (1) Report all frequencies regularly (1) of this paragraph are applicable. responsibility of a person holding the used during the period under considera­ (4) International control stations. proper license, who shall be responsible tion. Radiotelegraph or radiotelephone first- for the proper functioning of the radio (2) Report frequencies received con­ or second-class license. facilities. A radiotelephone station must sistently during a substantial part of any (c) One or more licensed operators ofbe under the supervision of a person cyclical change in frequency usefulness the grade specified in paragraph (b) of holding a radiotelephone or radiotele­ even though they may be unused for con­ this section shall be on duty at the place graph first- or second-class license, and siderable periods of time during another where the transmitting apparatus is lo­ a radiotelegraph station must be under part of the cycle. cated and in actual charge thereof when the supervision of a person holding a (3) Do not report any frequency, the it is being operated: Provided, however, radiotelegraph first- or second-class use of which is known to have been dis­ That: license. continued or transferred to another (1) In case of stations in these serv­ (4) When a radio station is not radiat­ operation by'a foreign correspondent. ices operating on frequencies above 30 ing, persons of appropriate technical (4) Do not report any frequency MHz, the Commission may authorize un­ skill, who are not licensed radio opera­ which has been inactive for a"period of attended operation upon application tors, may perform the functions de­ 6 months or longer, except as indicated therefor and showing that the equip­ scribed in subparagraph (3) of this para­ in subparagraph (2) of this paragraph. ment is so designed and constructed as to graph without direct supervision after 12. Section 23.46 is revised to read asmake such operation feasible. When such having been authorized to do so by the follows: unattended operation is authorized, responsible licensed operator under properly licensed operators shall be on whose immediate supervision the facili­ § 23.46 Operators, class required and duty at a terminal of the system of which general duties. ties shall thereafter initially be placed in the unattended station or stations are operation and be determined to be oper­ (a) The operation and control of all a part or shall be available on call to ating properly. transmitting apparatus licensed at a perform necessary maintenance duties. station in the international fixed public (2) In the case of a station where re­ 13. Section 23.47 is revised to read as radiocommunication services shall be mote control is used, the Commission follows: carried on only by a person holding a may grant authority to employ an op­ ■ § 23.47 Station records. valid operator license issued by the Com­ erator or operators at the control point (a) Station records shall be kept in an mission, except as provided in other in lieu of the place where the transmit­ orderly manner, and in such detail that paragraphs of this section. ting apparatus is located; Provided, That the data required is readily available. (b) Classes of operator licenses re­ the following conditions are complied Key létters, abbreviations, or symbols quired are as follows : with: may be used if proper meaning or expla­ (1) Radiotelegraph stations. Radio­ (i) The transmitter shall be so in­ nation is set forth in the record. telegraph or Radiotelephone first- or stalled and protected that it is not ac­ second-class license: Provided, however: cessible to other than duly authorized (b) Each entry in the records of a (i) If manual Morse code keying is persons. station shall be signed by a person quali­ used for transmitting public corre­ (ii) A device shall be provided at the fied to do so and having actual knowl­ spondence, the person manipulating the remote control point which gives a con­ edge of the facts to be recorded. telegraph key shall be the holder of a tinuous visual indication whenever the (c) No record, or portion thereof shall radiotelegraph first- or second-class control circuits have been placed in a be erased, obliterated, or willfully de­ license except as provided by subdivision condition to activate the radio trans­ stroyed within the required retention pe­ (iv) of this subparagraph; mitting apparatus. riod. Any necessary correction may be (ii) If manual Morse code keying is (iii) Provision shall be made to moni­ made only by the person originating the used only for the purposes of identifica­ tor aurally all transmissions originating entry, who shall strike out the erroneous tion or for sending service messages, the under control of the responsible operator portion, initial the corrections made, and person manipulating the telegraph key at the remote point. indicate the date of correction. shall be the holder of a radiotelegraph (iv) The radiation of the transmitter (d) The records required by this part third-class permit or higher class of shall be suspended immediately when shall be retained for a period of at least radiotelegraph license except as provided there is a deviation from the terms of 1 year: Provided, that: by subdivision (iv) of this subparagraph; the station license or applicable pro­ ( 1 ) Records involving communications (iii) If automatic keying equipment is visions of this chapter. incident to a disaster or which include used, the operator of such equipment (v) When remote control of a trans­ communications incident to, or involved may send short service signals (requests mitter is performed from a separate lo­ in, an investigation by the Commission for repeats, etc.) by manual Morse code cation such as a message center or tele­ and concerning which the licensee ha

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 PROPOSED RULE MAKING 17061 knowledge shall be retained by the li­ Form Nol. Description Old number New number censee until specifically authorized in 403______Application for radio station li­ 23.23 ______23.23. cense or modification thereof. 23.24 ______23.24. writing by the Commission to destroy 405______Application for renewal of radio 23.25 ______23.25. them. station license in specified 23.26 ______23.26. (2) Records incident to or involved in services. 23.27 ______23.27. any claim or complaint of which the li­ 407— '____ Application for radio station 23.28 — ______23.28. censee has knowledge shall be retained construction permit. 23.29 ______Amended 23.29. by the licensee until such claim or com­ 408— _ Application for temporary au­ 23.30 ______New 23.16. plaint has been fully satisfied or until the thorization in addition to au­ 23.31------. 23.31. thority contained in license. 23.32 ______23.32. same has been barred by statute limiting 701 _ Application for additional time 23.33 ______Delete 23.33. the time for the filing of suit upon such to construct radio station. 23.34 ______New 23.17. claim. 702 _ Application for consent to as­ 23.35 ------23.35. 14. Section 23.48 is revised to read as signment of radio station 23.36 ______23.36. follows: construction permit or license 23.37 ______23.37. (for stations in services other 23.38 ______23.38. § 23.48 Content of station records. than broadcast). 23.39 ______23.39. (a) For each station in the services 704______Application for consent to 23.40 ______23.40. under this part, except stations in the transfer of control of cor­ 23.41 _____ Revised 23.41. poration holding common 23.42 __ ___ 33.42. international fixed public control serv­ carrier radio station construc- 23.43 ______23.43. ice, the licensee shall maintain a techni­ - tion permit or license. 23.44 ______23.44. cal log of the station operation showing: 714______Supplement to application for 23.45 ______23.45. (1) Signature of each licensed opera­ new or modified radio station 23.46 ______Revised 23.46. tor responsible for the operation of the authorization (concerning an­ 23.47 — ...... - Revised 23.47. transmitting equipment and an indica­ tenna structure notification New 23.48. tion of his hours of duty. to FAA). 23.48 Revised 23.49. 23.49 New 23.55. (2) Hours of use of each frequency as­ These forms may be obtained from 23.51 23.51. signment and type of emission indicat­ the Secretary, Federal Communications 23.52 23.52. ing time of beginning and end of each Commission, Washington, D.C. 20554, or 23.53 Revised 23.53. period of operation and points of com­ from any of the Commission’s engineer­ 23.54 23.54. munication to which each frequency is ing field offices, the addresses of which [F.R. Doc. 70-14934; Filed, Nov. 4, 1970; used (or area if service is pursuant to are listed in § 0.121 (a) of this chapter. 8:52 a.m.] § 23.53). (b) Every application for a radio sta­ (3) Hours of use of each transmitter tion authorization and all correspond­ indicating time of beginning and end of ence relating thereto shall be submitted each period of operation. to the Commission’s office at Washing­ FEDERAL POWER COMMISSION (4) Power input to the final stage of ton, D.C. 20554. [ 18 CFR Part 154 1 each transmitter. (c) Unless otherwise specified in a (5) Dates and results of each fre­ [Docket No. R—400] quency measurement. particular case, or for a particular form, (b) For stations in the international each application, including exhibits and LIMITATION ON PROVISIONS IN NAT­ fixed public control service, the license attachments thereto, shall be filed in duplicate. URAL GAS RATE SCHEDULES RE­ shall maintain a technical log of the LATING TO MINIMUM TAKE PRO­ station operation showing: (d) Each application shall be accom­ (1) Normal homs of operation and panied by a nonrefundable fee pre­ VISIONS dates and times of interruptions to scribed in Subpart G of Part 1 of this Notice of Proposed Rule Making; service. chapter. Correction (2) Dates and results of each fre­ § 23.53 [Amended] quency measurement. October 9, 1970. 17. In § 23.53, the following proviso is (3) When service or maintenance du­ added to the end of introductory para­ In the notice of proposed rulemaking, ties are performed, the responsible op­ graph (a) : “Provided, however, That the issued September 23,1970, and published erator shall sign and date the station licensee, upon institution of addressed in the F ederal R egister September 29, record giving pertinent details of all du­ press service to any person at any point, 1970 35 F.R. 15163, insert “the first two ties performed by him or under his shall promptly notify the Commission of years of” between the words “for” and supervision; his name and the class, “the” in the last line of § 154.103(b). serial number, and date of expiration of the following:” his license. Cross R eference T able to Amended F art 23 G ordon M. Grant, (c) For each station having an an­ Old number New number Secretary. tenna structure which is required to be 23.1______Revised 23.1. [F.R. Doc. 70-14926; Filed, Nov. 4, 1970; obstruction-lighted, appropriate entries 23.2______23.1. 8:51 a.m.J shall be made in the station’s technical 23.3______23.1. log as required by § 23.39. 23.4______23.1. 23.5______23.1. §§ 23.49,23.55 [Redesignated] 23.6______23.1. FEDERAL RESERVE SYSTEM 15. Section 23.49, “Equal employment 23.7___ ------______23.1. 23.8______23.1. [ 12 CFR Part 226 1 opportunities”, is redesignated as § 23.55. 23.9______23.1. Former § 23.48, “Discontinuance of op­ 23.10 ______23.1. [Reg. Z] eration”, is redesignated as new § 23.49. 23.11 ____ Amended 23.11. 16. Section 23.50 is revised to read as 23.12______23.12. TRUTH IN LENDING follows: 23.13______New 23.50. New 23.18. Notice of Proposed Rule Making 8 23.50 Place of filing application; fees New 23.19. and number of copies. 9» 9.0 23.20. Pursuant to the authority contained 23.21______New 23.13. 23.14. in the Truth in Lending Act (15 U.S.C. (a) Standard numbered forms appli­ 23.15. 1601), the Board of Governors is consid­ cable to the international fixed public New 23.21. raaiocommunication services discussed 23.22 New 23.13. 23.14. ering amending Part 226 in the following withinthe subpart are as follows: 23.15. respects:

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17062 PROPOSED RULE MAKING la. By amending § 226.7 (e) to read as of not less than 12 point bold-faced type repay the indebtedness in any extension follows: . - on one side of a separate statement of credit under that program or the which identifies the transaction to which amount of the finance charge expressed § 226.7 Open end credit accounts— it relates. Such statement shall also set as an annual percentage rate. All other specific disclosures. forth the entire paragraph (d) of this information specified in paragraph (d) * * * * * section, “Effect of rescission.” If such (2) of this section shall be stated when (e) Change in terms. Not later than 15 paragraph appears on the reverse side of required by that subparagraph. Any ad­ days prior to the beginning date of the the statement, the face of the statement vertisement shall clearly identify those billing cycle in which any change is to shall state: “See reverse side for im­ credit terms which apply to the PHA be made in the terms previously disclosed portant information about your right of section 235 assistance program. to the customer of an open end credit rescission.” Before furnishing copies of b. The purpose of the proposed account, the creditor shall mail or de­ the notice to the customer, the creditor amendment is to enable sellers to adver­ liver a written disclosure of such change shall complete both copies with the name tise the terms which are applicable to to each customer required to be fur­ of the creditor, the address of the credi­ most qualified purchasers under the nished a statement under paragraph (b) tor’s place of business, the date of con­ section 235 Federal assistance program of this section. Such disclosure shall be summation of the transaction, and the of title II of the National Housing Act mailed or delivered to each other cus­ date, not earlier than the third business (such as the downpayment and number tomer not later than the date of mailing day following the date of the transaction, of payments) without having to show a or delivery of the next required billing by which the customer may give notice figure for the amount of payments or statement on his account. However, if of cancellation. Where the real property annual percentage rate as presently re­ the periodic rate, or any minimum, fixed, on which the security interest may arise quired by § 226.10(d) of Regulation Z. check service, transaction, activity, or does not include a dwelling, the creditor The purpose of the prohibition against similar charge is increased, the increased may substitute the word “homesite” for stating any payment amount and annual amount may not be imposed on any cus­ “home” where that word appears in the percentage rate is to prevent misleading tomer without notice at least 15 days notice. advertisement caused by the wide varia­ prior to the beginning date of the billing Notice to customer required by Federal tion in actual amounts and rates appli­ cycle in which the charge is imposed. No law: cable to individual customers as a result notice is necessary if the only change is a You have entered into a transaction on of variation in the amount of the Fed­ reduction in the periodic rate or rates ______which may result in a lien, eral subsidy. applicable to the account. (Date) To aid in the consideration of these mortgage, or other security interest on your * * * * * home. You have a legal right under Federal matters by the Board, interested persons b. The main purpose of the proposed law to cancel this transaction, if you desire are invited to submit relevant data, amendment is to allow creditors of an to do so, without any penalty or obligation views, or arguments. Any such material open end credit account to modify the within 3 business days from the above should be submitted in writing to the date or any later date on which all material Secretary, Board of Governors of the terms of the account without the neces­ disclosures required under the Truth in Federal Reserve System, Washington, sity of notifying inactive as well, as ac­ Lending Act have been given to you. If you D.C. 20551, to be received not later than tive customers. The present requirements so cancel the transaction, any lien, mort­ December 4, 1970. Such material will be of Regulation Z necessitate a costly no­ gage, or other security interest on your home made available for inspection and copy­ tification process and have inhibited arising from this transaction is automati­ creditors from making changes advan­ cally void. You are also entitled to receive a ing upon request, except as provided in tageous to consumers. The proposed refund of any downpayment or other con­ § 261.6(a) of the Board’s Rules Regard­ amendment would require prior notice to sideration if you cancel. If you decide to ing Availability of Information. cancel this transaction, you may do so by By order of the Board of Governors, active accounts, but would cut the period n otifying______a t ____ to 15 days to allow notification to be in­ (Name of creditor) October 23,1970. cluded with the next previous billing ...... -...... — ------by [seal] Kenneth A. Kenyon, statement.. Accounts inactive at the time (Address of creditor’s place of business) Deputy Secretary. of the qhange would receive a notice mail or telegram sent not later than mid­ when they became active. However, if the night o f ______You may also use any [F.R. Doc. 70-14856; Filed, Nov. 4, 1970; change involved an increase in the pe­ (Date) 8:46 a.m.] other form of written notice identifying the riodic rate or in any minimum, fixed, transaction if it is delivered to the above check service, transaction, activity, or address not later than that time. This notice similar charge, the increased amount may be used for that purpose by dating and INTERIM COMPLIANCE PANEL may not be collected from any customer signing below. not receiving notice at least 15 days prior I hereby cancel this transaction. to the begininng of the billing cycle in (COAL MINE HEALTH AND which that increased amount is imposed. (Date) (Customer’s signature) On October 23,1970, the Board amended b. The amendment consists of adding SAFETY) § 226.7 (e) to permit creditors to reduce a sentence following the substantive part the periodic rate or rates applicable to of § 226.9(b) and prior to the text of the [ 30 CFR Fart 503 1 open end credit accounts without the required notice. The purpose of the PERMITS FOR NONCOMPLIANCE necessity of advance notice to the amendment is to allow creditors in va­ customer. WITH ELECTRIC FACE EQUIPMENT cant lot transactions subject to the re­ STANDARD— NONGASSY MINES 2a. By amending § 226.9(b) to read as scission provisions of the Truth in follows: Lending Act and Regulation Z to sub­ BELOW WATERTABLE § 226.9 Right to rescind certain trans­ stitute the word “homesite” in the spec­ Notice of Proposed Rule Making ified notice for the word “home.” actions. In the Federal Register on October23, * * 4c * 3a. By adding § 226.10(e) to read as 970 (35 F.R. 16548), there was puWishea (b) Notice of opportunity to rescind. follows: proposed regulation to be identified as Whenever a customer has the right to § 226.10 Advertising credit terms. itle 30, Part 503. The deadline for filing rescind a transaction under paragraph ***** bmments, suggestions or objections (a) of this section, the creditor shall give (e) Advertising of FHA Section 235 bat proposed regulation is Novembe . notice of that fact to the customer by financing. No advertisement to aid, pro­ 970. Changes and additions to that pro furnishing the customer with two copies mote, or assist directly or indirectly the osed regulation are set fort{ jJ ff/^ tten of the notice set out below, one of which sale of residential real estate under title Interested persons may sub^t wntten may be used by the customer to cancel n , section 235, of the National Housing omments, suggestions or objections r the transaction. Such notice shall be Act (12 U.S.C. 1715z) shall state the arding these proposed changes aiml ad itions to the Interim Compliance Pan printed in capital and lower case letters amount of any payment scheduled to

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 PROPOSED RULE MAKING 17063

Suite 800, 1730 K Street NW., Washing­ § 503.7 Issuance of renewal permits» miners of an affected mine aggrieved by ton, D.C. 20006. Since failure promptly (a) The Panel may renew a previously the decision within 15 days following the to adopt necessary procedures for filing issued permit based upon an application granting of an initial permit; applications for permits for noncompli­ which is timely filed and complete in all (b) Where a sufficient request is ance with section 305(a)(1)(D) would material respects in accordance with timely filed in response to a notice of work to the detriment of those coal mine § 503.6. opportunity for public hearing published operators affected, the Panel finds that (b) In order to qualify for the issu­ in the Federal Register pursuant to it is in the public interest that comments, ance of a renewal permit, an application § 503.6 (b) and (c); and suggestions or objections regarding these must show that, despite his diligent (c) Where no hearing has been held proposed changes and additions be sub­ efforts, the operator will be unable on or pursuant to publication of a notice of mitted to the Panel no later than No­ before the expiration date of his exist­ opportunity for public hearing, an vember 23,1970. ing permit to comply with the provisions operator aggrieved by a decision of the Title 30 CFR, Part 503 would read as it of section 305(a) (1) (D) of the Act. The Panel may within 15 days after the date was published in the F ederal Register application must also show that steps of mailing by the Panel of its decision for October 23, 1970, except that those have been taken to achieve compliance on the application, request a hearing. provisions set forth below would be sub­ since the issuance of the existing permit Such a request for hearing shall describe stituted or added where appropriate: and that the operator has adopted an the relief sought by the operator and Sec. adequate plan including a schedule for the reasons why such relief should be 503.7 Issuance of renewal permits. achieving compliance by replacement of granted. No request for hearing will be 503.8 Hearings. such nonpermissible equipment with granted where the application was denied for failure to comply with the Au th o rity : The provisions of this Part permissible equipment or by conversion 503 issued under section 508, Public Law of such nonpermissible equipment to requirements of §§ 503.3, 503.4 or 503.6. 91-173, 83 Stat. 803. permissible status. (c) Each renewal permit will be issued George A. Hornbeck, § 503.5 Issuance of initial permits. Chairman, for the period specified by the Panel, but Interim Compliance Panel. ***** in no case will the period of noncompli­ (b) In order to qualify for the issuance ance be extended beyond December 30, October 30, 1970. of a permit the application must show: 1973. Each permit will specify the indi­ [F.R. Doc. 70-14861; Filed, Nov. 4, 1970; (1) That the mine has never been vidual item of equipment which the 8:46 a.m.] classified as gassy under any provision operator will be entitled to use in a of Federal or State law and that it is nonpermissible status. below the watertable; (d) The permit and one copy will be (2) That the item of electric face mailed to the operator at the address INTERSTATE COMMERCE equipment was, at the time of the ap­ specified in the application. The copy of plication and on March 30, 1970, non- the permit shall be delivered to the COMMISSION permissible and being used by the op­ affected mine and shall be immediately posted on the bulletin board of such mine [ 49 CFR Part 1048 1 erator in connection with mining opera­ by the operator or his agent. tions in the coal mine for which such (e) The Panel shall mail a copy of any [Kx Parte MC-7] a permit is sought; permit granted under this section im­ (3) That the electric rating of such WASHINGTON, D.C., COMMERCIAL mediately to a representative of the ZONE equipment exceeds 2,250 watts (3 horse­ miners of the mine to which it pertains power) ; and and to the public official or agency of the Proposed Redefinition (4) That steps have been taken to State charged with administering State achieve compliance with the provisions laws relating to coal mine health and October 29, 1970. of section 305(a) (1) (D) of the Act since safety in such mine. At the request of Mr. Francis J. Aluisi, March 30, 1970, and that the operator petitioner’s representative, the time for has adopted an adequate plan including § 503.8 Hearings. filing written statements in the above- a schedule for achieving compliance by Hearings pursuant to the Practice and entitled proceeding has been extended replacement of such nonpermissible Procedure for Hearings regulation of the Interim Compliance Panel (Part 505 from October 30, 1970, to December 15, equipment with permissible equipment 1970. or by conversion of such nonpermissible of this chapter, 35 FJt. 11296, July 15, 1970) will be granted under the follow­ R obert L. Oswald, equipment to permissible status. ing circumstances: Secretary. ***** (a) Where sufficient request is filed by [F.R. Doc. 70-14940; Filed, Nov. 4, 1970; (f) [Deleted] the operator or a representative of the 8:52 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17064 Notices

T. 14 N., R. 7 W„ T. 9 N., R. 7 W., DEPARTMENT OF THE INTERIOR Sec. 20, SE&SW&. Sec. 24, Ptn. lot 42, Ptn. lot 43, Ptn. lot 44. T. 15 N., R. 9 W., T. 11 N., R.7W ., Bureau of Land Management sec. 9, sw%swy4 . Sec. 1, lots 1,2, 3, WyaSEy4. T. 14 N., R. 7 W., [S-3733 A] 989.84 acres. sec. 20, SEy4swy4. CALIFORNIA 4. The public lands involved are locat­T. 14 N., R. 8 W., ed within the following described areas Sec. 26, NEy4SWy4. Notice of Classification of Public Lands in Napa, Solano, Yolo, Lake, and Colusa T. 15 N„ R. 9 W., for Multiple-Use Management Counties, Calif. These lands have been sec. 9, swy4swy4; analyzed in detail and are described in Sec. 15, lots 1, 2, 3, 6, 7, 8, 11, 12, and 13. October 30, 1970. T. 16 N., R. 9 W., documents and on maps available for Sec. 31, Ny2NEy4. 1. Pursuant to the Act of September inspection at the Ukiah District Office, T. 15 N., R. 10 W., 19, 1964 (78 Stat. 986; 43 U.S.C. 1411-18) Bureau of Land Management, 168 Wash­ Sec. 5, wy2 of lot 4, lots 7 and 8; and to the regulations in 43 CFR Parts Sec. 6, lots 1, 2, 3, 6, 7, 8, EÎ4 of lot 13. 2420 and 2460, the public lands in para­ ington Avenue, Ukiah, Calif. 95482. graph 4 are hereby classified for multi­ M o u n t D iablo Meridian The public lands being classified ag­ gregate approximately 5,603.65 acres. ple-use management. As used herein, NAPA, YOLO, SOLANO, LAKE, AND COLUSA “public lands” means any lands with­ COUNTIES 5. For a period of 30 days after publi­ drawn or reserved by Executive Order cation of the classification in the Fed­ No. 6910 of November 26, 1934, as T. 7 N., R. 2 W., eral R egister, the classification shall be Sec. 27,NWy4NW%. subject to the exercise of administrative amended, or within a grazing district es­ T. 8 N., R. 2 W., tablished pursuant to the Act of June 28, Sec. 27, SE&SWÜ. review and modification by the Secretary 1934 (48 Stat. 1269), as amended, which T. 5 N., R. 3 W., of the Interior as provided for in 43 CFR are not otherwise withdrawn or reserved Sec. 11, lot 1. 2461.3. for a Federal use or purpose. T. 11 N., R. 3 W., J. R. Penny, Sec. 7, SEy4SWÎ4; State Director. 2. Publication of this notice has the Sec. 17,wyzSWy4; effect of segregating all public lands de­ Sec. 18, SEy4NEV4, NE&NW^; [P.R. Doc. 70-14842; Piled, Nov. 4, 1970; scribed in paragraph 4 from appropria­ Sec. 30, lot 2; 8:45 a.m.] tion only under the agricultural land Sec. 31, lot 3, lot 4, SE^SW ft. laws (43 U.S.C. Chs. 7 and 9; 25 U.S.C. T. 7 N., R. 4 W., [C-2285] sec. 334) and from sale under section Sec. 20, NW14NW14; 2455 of the Revised Statutes (43 U.S.C. Sec. 21, lot 5. COLORADO 1171). The lands $hall remain open to T. 13 N„ R. 4 W., Sec. 4, lot 9; Notice of Classification of Public Lands all other applicable forms of appropria­ Sec. 5, lot 1, lot 2, W%SEy4, SE 14 SE y4; tion, including the mining and mineral Sec. 6, lot 1; for Multiple-Use Management leasing laws. Sec. 15, SW%SWÎ4. October 28, 1970. 3. Several comments were received T. 14 N., R. 4 W., Sec. 5, lots 2, 3, 5, 6, 8,9,10,13, and 14; 1. Pursuant to the Act of September after publication of the notice of pro­ 19, 1964 (43 U.S.C. 1411-18), and to the posed classification in the F ederal Sec. 8, W1/2NE14, lots 3,4,5, and 0; Sec. 17, lots 2 ,3, 6, 7, N%SW%, Wy2SE%; regulations in 43 CFR Part 2400, the pub­ R egister (F.R. Doc. 70-9681 and F.R. Sec. 20. Sfl¿NE%, S&NW14, SW ^SE^. lic lands within the area described be­ Doc. 70-9682) on July 28, 1970. As a re­ Sec. 21.SW&SWÎ4; low are hereby classified for multiple-use sult of evaluation of the comments sec. 29, wyzEyz; management. Publication of this notice received, the following described lands Sec. 32, W1/2NE14, ÍL&SE14, SEi¿SE»4; has the effect of segregating all the de­ have been eliminated from F.R. Doc. 70- sec. 33, wy2wy2,Ey2Nwy4, n e^ sw ^. T. 6 N., R. 5 W., scribed public lands from appropriation 9682 (Notice of Proposed Classification Sec. 9,NW%NEy4. only under the agricultural land laws for Transfer out of Federal Ownership) T. 12 N„ R. 5 W., (43 U.S.C., Parts 7 and 9, 25 U.S.C., sec. and are included in this notice. Sec. 17,Ei/2SE^; 334), and from sale under section 2455 Sec. 19, SW%SE%; of the Revised Statutes (43 U.S.C. 1171). M ou n t Diablo Meridian Sec. 20, SW^NWy4; The lands described shall remain open to T. 11 N., R. 3 W., Sec. 30, lot 3. all other forms of appropriation includ­ Sec. 7, SE%SWi4; T. 13 N., R. 5 W., ing the mining and mineral leasing laws. Sec. 17, Wi/2SWi/4; Sec. 2, lot 3, lot 4, S%NW%, EyzSWî4, Sec. 18, SE^NE^, NE%NW}4. sy2SEy4; As used herein “public lands” means any T. 7 N., R. 4 W., Sec. 3, lot 2, SW14 NE 14, NWÎ4SEÎ4, lands withdrawn or reserved under Ex­ Sec. 20, NWy4NWy4; SE 14 SE 14; ecutive Order No. 6910 of November 26, Sec. 21, lot 5. Sec. ll.Ny.NEy4; 1934, as amended, or within a grazing dis­ T. 13 N., R. 4 W., Sec. 22,NWy4NWy4; trict established pursuant to the Act of Sec. 15, SW%SW%. Sec. 23, NEy4SWy4. June 28,1934 (48 Stat. 1269) as amended, T. 6 N„ R. 5 W., T. 14 N., R. 5 W., Which are not otherwise withdrawn or Sec. 9, NW14NE14. Sec. 26, SWy4SEy4; T. 12 N., R. 5 W., Sec. 34, SWy4SEy4; reserved for a Federal use or purpose. Sec. 17, Ei/2SE sec. 35, syzNEy4, SEy4Nwy4, NEy4SEy4. 2. No adverse comments were received Sec. 19, SW&SEJ4; T. 16 N., R. 5 W., following publication of the notice of Sec 20, SWy4NW&; Sec. 19, lot 3; proposed classification (35 F.R. 13480). Sec. 30, lot 3. Sec. 20, lots 1,9,11,15, and 16; The following lands described in the T. 16 N„ R. 5 W., sec. 28, w y2Nwy4. notice of proposed classification are not Sec. 19, lot 3; T. 7 N., R. 6 W., subject to classification and are there­ Sec. 28, W‘/2NWy4. Sec. 13', NEy4SWy4, Ptn. lot 40; T. 7 N., R. 6 W., Sec. 24, lots 1, 2, 4, 5, 6, Ptn. lot 40, Ptn. fore deleted: Sec. 13, NE%SW^. lot 39, Ptn. lot 41. Six t h P rincipal Meridian, Colorado T. 11 N.,R. 6 W„ T. 11 N., R. 6 W., Sec. 5, Sy2SWi,4; Sec. 5, sy2swy4; T. 15 S., R. 96 W., Sec. 6, SE%SEyi. Sec. 6,SEy4SEy4. sec. 3, Nyzswy4 ; T. 18 N„ R. 6 W., T. 18 N., R. 6 W., sec. 4, wyzswy4; Sec. 34, lot 2 and lot 7. Sec. 34, lot 2 and lot 7. Sec.5,NyzSEy4.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17065

[C—3898] sec. 16, Nwy4Nwy4. sy2Nwy4, swy4, The public lands classified are shown Wy2SEy4; on maps on file in the Montrose District COLORADO Secs. 17 and 18; Office, Bureau of Land Management, Sec. 19, lots 1, 2, 7, and 8; Highway 550 South, Montrose, Colo. Notice of Classification of Public Lands Secs. 20 and 21; 81401, and the Colorado Land Office, for Multiple-Use Management Sec. 22, NEy4, swy4 , and NE%SEy4; Bureau of Land Management, Federal Sec. 23, wy£; Building, Nineteenth and Stout Streets, October 28,1970. Sec. 24, Ey2, Ny2NWy4, and Ey2SW%; 1. Pursuant to the Act of September 19, sec. 25, NW1/4NW14. sy2 Ny2, Ny2swy4. Denver, Colo. 80202. SE % SW y4, and S i/2 SE14; Sixth P rincipal Meridian, Colorado 1964 (43 U.S.C. 1411-18), and to the Sec. 26, Ny2Ni/ 2 and sy2SWy4; regulations in 43 CFR Part 2400, the T. 15 S.( R. 96 W., Sec. 27, NWy4NEy4, S%NEy4, Nwy4 and Sec. 3, lots 1 to 4, inclusive, and Sy^NW1/*; public lands described below are hereby sy2; classified for multiple-use lhanagement. Sec. 28, lots 1 to 10, inclusive, 15, and 16; Sec. 4, lots 1 to 4, inclusive, S%Ny&, Ey2 Publication of this notice has the effect SWi/4 and SE%; The area described aggregates ap­ Sec. 5, lots 1 to 4, inclusive, S%N%, SWV4, of segregating all the described public and SW%SE%; lands from appropriation only under the proximately 11,681 acres of public lands. Sec. 6, lots 1, 6, 7, SEi4NEVt, SE&SW^, agricultural land laws (43 U.S.C., Parts 3. For a period of 30 days from date NE^SE^, and Sy2SEy4; 7 and 9, 25 U.S.C. sec. 334), the Small of publication in the F ederal R egister, Sec. 7; Tract Act of June 1, 1938 as amended this classification shall be subject to Sec. 8, NW&NW% and Sy2NW}4; (43 U.S.C. 682 (a) and (b); the Recrea­ the exercise of administrative review and Sec. 9, NW%NEV4; tion and Public Purposes Act of June 14, modification by the Secretary of the T. 15 S., R. 97 W:, Interior as provided for in 43 CFR Sec. 11, lots 1 to 5, inclusive; 1926 as amended (43 U.S.C. 869; 869-1 to Sec. 12, NE14, Ei/2NW%, and N‘/2SE^; 869-4); and from sale under section 2455 2461.3. For a period of 30 days, inter­ Sec. 18, lots 3,4, Ei/2SW%, and SE%; of the Revised Statutes (43 U.S.C. 1171). ested parties may submit comments to Sec. 20, NE^, Ei/2W‘/2, SW&SW^, and The lands described shall remain open the Secretary of the Interior, LLM, 320, Ni/2SE%; to all other forms of appropriation in­ Washington, D.C. 20240. Sec. 21, N%; cluding the mining and mineral leasing E. I. R owland, Sec. 22, NE^SWi/4, S»/2SWy4 and SEV4; Sec. 25, Sy2Swy4; laws; and exchanges under section 8 of State Director. Sec. 26, NWy4NWi4, Sy2Ny2, and Sy2. the Taylor Grazing Act of June 28, 1934 [P.R. Doc. 70-14844; Piled, Nov. 4, 1970; T. 14 S., R. 98 W:, (48 Stat. 1272; 43 U.S.C. 315g). As used 8:45 a.m.] Sec. 1; herein “public lands” means any lands Sec. 2, lots 2, 3,4, SE^NE^, and Ey2SE»/4; withdrawn or reserved under Executive Sec. 11, lots 1 to 7, inclusive, and E^NE^; Order No. 6910 of November 26, 1934 as [C—3899] Sec. 12, lots 1 to 4, inclusive, and N%; amended, or within a grazing district Sec. 28; COLORADO Sec. 29, NW1/4SW1/4; Sy2Swy4, and Ey2 established pursuant to the Act of SE^4; June 28,1934 (48 Stat. 1269) as amended, Notice of Classification of Public Lands Sec. 30; which are not otherwise withdrawn or for Multiple-Use Management Sec. 32, lots 1 to 4, inclusive, S^N E ^. reserved for a Federal use or purpose. Ey2Wy2,andSEy4; 2. No adverse comments were received October 28,1970. Sec. 33; following publication of the notice of pro­ 1. Pursuant to the Act of September 19, Sec. 34, Swy4. T. 15 S., R. 98 W., posed classification (35 F.R. 13480). The 1964 (43 U.S.C. 1411-18), and to the Sec. 2, lots 5, 6, and SW&; following lands described in the notice regulations in 43 CFR Part 2400, the Secs. 11,12,13, and 14. of proposed classification are not subject public lands within the area described to classification for retention for mul­ below are hereby classified for multiple ute principal meridian tiple-use management and are therefore use management. Publication of this T. 3 S., R. 2 E., deleted. notice has the effect of segregating all the Sec. 35; Ute P rincipal Meridian described public lands from appropria­ Sec. 36, NE14, NE^NW ^, Sy2NW14, and tion only under the agricultural land T. 2S.,R. 1 E„ 1. laws (43 U.S.C., Parts 7 and 9, 25 U.S.C. T. 4 S., R.3 E., Sec. 13, NEi4NE% and NW ^SE^. Secs. 5, 6,7, and 8; sec. 334), the Small Tract Act of Sec. 15, NE14 and S%; The public lands classified are de­ June 1, 1938, as amended (43 U.S.C. 682 Secs. 16,17, and 18; scribed below and are shown on maps (a) and (b); the Recreation and Public Secs. 20,21,22, 23, 26, 27, and 28; on file in the Grand Junction District Purposes Act of June 14, 1926, as Sec. 29, NEi/4; Office, Bureau of Land Management, amended (43 U.S.C. 869; 869-1 to 869-4) Sec. 33, lots 1 to 8, inclusive; Federal Building, Fourth and Rood, and from sale under section 2455 of the Sec. 34, lots 1 to 8, inclusive; Sec. 35, Ny2 and Ny2SEV4; Grand Junction, Colo. 81501,' and the Revised Statutes (43 U.S.C. 1171). The Sec. 36, Ni/2, Ny2SW%, SE14SW&, and Colorado Land Office, Bureau of Land lands described shall remain open to all SEi/4. — Management, Federal Building, 19th other forms of appropriation including the mining and mineral leasing laws; and The area described aggregates ap­ and Stout Streets, Denver, Colo. 80202. exchanges under section 8 of the Taylor proximately 23,082 acres of public land Six t h P rincipal Meridian, Colorado Grazing Act of June 28, 1934 (48 Stat. m Delta and Mesa Coimties, Colo. MESA COUNTY 1272; 43 U.S.C. 315g). As used herein 3. For a period of 30 days from date “public lands” means any lands .with­ T. 13 S.,R. 99 W., Publication in the F ederal R egister, drawn or reserved under Executive Order this classification shall be subject to Sec. 23, lots 1 to 4, inclusive, and W%. No. 6910 of November 26, 1934, as the exercise of administrative review U te P rincipal Meridian, Colorado amended, or within a grazing district Tmodification by the Secretary of T. 3 S., R. 2 E., established pursuant to the Act of oaL o terior as Provi

No. 216----- 6 FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17066 NOTICES Sec. 11; The record showing reaction to the pro­ Sec. 23, Wy2, SE14, Sy2NE%; Sec. 12, SWi/4; posed notice of classification for Sec. 24, SW%NWy4, SWft, WÎ4SEÎ4, Sec. 13, NWÎ4 and S%. SE % SE 1,4; multiple-use management made by Secs. 25 to 35 inclusive. The area described aggregates approx­ members of the public attending or in­ T. 11 S., R. 14 E., imately 2,720 acres of public land in terested in the hearing is on file and can Sec. 30, W%NW%, SE % NW14, SW 14, Wy2 Mesa County. be examined in the Idaho Land Office, SE 1,4, SE 1,4SE}4; 2. No adverse comments were received Boise, Idaho. All comments concerning Sec. 31; following publication of the notice of the proposed classification were care­ Sec. 32, Wy2, SE14, SW % NE 14. proposed classification (35 F.R. 13481). fully considered and evaluated. Some of T. 12 S., R. 7 E., the lands that are classified in this deci­ Secs. 1, 2,11,12,13,14, 23, 24,25, 26,35. The public lands classified are shown T. 12 S., R. 8, 9, 10, 11, 12, and 13 E. on maps on file in the Grand Junction sion may be potentially irrigable if T. 12 S., R. 14 E., District Office, Bureau of Land Man­ water becomes available. Reclassifica­ Sec. 4, wy2NWy4, SE14NW1/4, SW1,4; agement, Federal Building, Fourth and tion of such lands may be made when Secs. 5 to 8 inclusive; Rood, Grand Junction, Colo. 81501, and conditions warrant through new de­ Sec. 9, Wy2, wy2SEi,4, SE%SE%, W 1,4NE 1,4; 'the Colorado Land Office, Bureau of velopment or technology and private Sec. 14, W y2 SW 14, SE y4 SW 14 ; Land Management, Federal Building, development outweighs public values. Sec. 15, Sy2NEi/4, Wy2NW%, SE14NW14, 19th and Stout Streets, Denver, Colo. 3. The public lands affected by this sy2; Secs. 17 to 23 inclusive; 80202. classification are located in the follow­ Sec. 25, W^NWy4, SW ^, SW&SE^; 3. For a period of 30 days from date ing described area of Owyhee, Elmore, Secs. 26 to 35 inclusive. of publication in the F ederal R egister, and Twin Falls Counties, and are shown T. 12 S., R. 15 E., this classification shall be subject to the on maps designated 1-2345, on file in the Sec. 31.SW&. exercise of administrative review and Boise v District Office, Bureau of Land T. 13 S., R. 7 E., modification by the Secretary of the In­ Management, and in the Land Office, Secs. 1, 2; terior as provided for in 43 CFR 2461.3. Secs. 10 to 15 inclusive; For a period of 30 days, interested par­ Bureau of Land Management, Boise, Secs. 21 to 29 inclusive; ties may submit comments to the Secre­ Idaho: Secs. 32 to 35 inclusive. B oise M eridian', I daho T. 13 S., R. 8, 9,10,11,12, and 13 E. tary of the Interior, LLM, 320, Washing­ T. 13 S., R. 14 E., ton, D.C.20240. T. 7 S., R. 6 E., Secs. 1 to 15 inclusive; E. I. R owland, Secs. 1, 2, 11,12,13; Secs. 17 to 24 inclusive; State Director. Sec. 14, Ei/2; Sec. 25, Ny2NEV4, SW ^NE^, Wy2, Wfâ Secs. 24, 25; SE 1,4; [F.R. Doc. 70-14845; Filed, Nov. 4, 1970; Sec. 26, SE^4, SE^4SW^4. Secs. 26 to 35 inclusive. 8:45 a.m.] T. 7 S., R. 7 and 8 E. T. 13 S., R. 15 E., T. 8 S., R. 7 E., Sec. 6, wy2; Secs. 1 through 15 inclusive; Sec. 7, wy2; [Serial No. 1-2345] Secs. 17, 18; Sec. 18, Ni/2NWy2, SW 14NW 1,4. Secs. 20 to 29 inclusive; IDAHO T. 14 S., R. 7 E., Secs. 33 to 35 inclusive. Secs. 1 to 5 inclusive; Notice of Classification of Public Lands T. 8 S., R. 8 E. Secs. 8 to 15 inclusive; T. 8 S., R. 9 E„ Sec. 17; In Jarbidge Upland for Multiple- Secs. 7, 8; Secs. 20 to 28 inclusive; Use Management Secs. 17 to 35 inclusive. Secs. 33 to 35 inclusive. T. 8 S., R. 10 E., T. 14 S., R. 8, 9,10,11,12,13, and 14 E. 1. Pursuant to the Act of September Secs. 19 to 23 inclusive; T. 14 S., R. 15 E., 19, 1964 (78 Stat. 986 43 U.S.C. 1411- Secs. 26 to 35 inclusive. Sec. 7, SW%NWi/4, W ^SW ^, SE^SW^; 18) and to the regulations in 43 CFR T. 8 S., R. 11 E., Sec. 18, wy2, SEi,4, sy2NEi,4, NE14NEÎ4; Parts 2410 and 2461, the public lands Secs. 31, 32, 33. sec. 19, w y2 ne 14, w y2, NW y4 se y4 ; within the area described below are T. 9 S., R. 7 E., sec. 30, Nwy4, wy2swi,4,SEi4SW}4; hereby classified for multiple-use man­ Secs. 1 to 15 Inclusive; Sec. 31, W%NE&, Wy2. Secs. 17, 18; T. 15 S., R. 7 E., agement. Publication of this notice Secs. 20 to 28 inclusive; Secs. 1 to 4 inclusive; will (a) segregate all of the lands de­ Secs. 33 to 35 inclusive. Secs. 9 to 15 inclusive; scribed in paragraph 3 from appropria­ T. 9 S., R. 8,9, and 10 E. Secs. 21 to 28 inclusive; tion under the agricultural land laws T. 9 S., R. 11 E., Cfwto ÒA QR (43 U.S.C., Parts 7 and 9; 25 U.S.C., sec. Secs. 4 to 15 inclusive; T. 15 S., R. 8,9,10,11,12,13, and 14 E. 334) and from sale under section 2455 Secs. 17 to 35 inclusive. T 15 S R 15 E of the Revised Statutes (43 U.S.C. 1171), T. 10 S., R. 7 E., Sec. 6, wy2NE’i4, wy4, W^SEÎ4, SE^SEJi; Secs. 1 to 3 inclusive; Sec. 7; and (b) further segregates that portion Secs. 10 to 13 inclusive. sec. 8,Nwy4swy4; described in paragraph 4 from the opera­ T. 10 S., R. 8,9,10, and 11 E. Sec. 18,wy2; tion of the general mining laws (30 T. 10 S., R. 12 E., Sec. 19,NWy4SWi4. U.S.C., Chapter 2), the Public Land Sale sec. 4, sy2; L6 S„ R. 7 E., Act (43 U.S.C. 1411-18), Exchanges (43 Secs. 5 to 9 inclusive; lees. 1 to 3 inclusive; U.S.C. 315g), and Indemnity Selections Sec. 10, W^,SE%; tecs. 10 to 14 inclusive; (43 U.S.C. 851 and 852). Except as pro­ Sec. ll.SW ^SW ^; tecs. 23 to 26 inclusive; Sec. 13, SW%NW%, Wi/aSW^, SE&SW^, tec. 35,Ny2Ny4; vided in (a) and (b) above, the lands Si/2SEi/4; L6 S., R. 8, 9,10,11,12,13, and 14 E. shall remain open to all other applicable Secs. 14 and 15; .6 S., R. 15 E., forms of appropriation, including the Secs. 17 to 35 inclusive. tec. 7, wy2Nwy4, sEy4Nwy4, swy4, wy2 mining and mineral leasing laws. T. 10 S., R. 13 E., SE%; As used herein, “public lands” means Sec. 17, Sy2; tec. is, wy2, wy2Ey2; any lands withdrawn or reserved by Sec. 18,sy2; >GC 19* Executive Order No. 6910 of Novem­ S6C. i9* tec! 20! swy4Nwy4, swy4; ber 26, 1934, as amended, or within a Sec. 20, wy2, NEi4, N%SE%, SW ^ SE^ ; iec. 29, W&,NWi4SE%, W&NE}4» Sec. 29, wy2, wy2Ey2, SE14SE14; tec. 30. grazing district established pursuant to Secs. 30 to 32 inclusive; the Act of June 28, 1934 (48 Stat. 1269), Sec. 33, W ^NW ^. Che area described contains approxi- as amended, and which are not other­ T. 11 S., R. 7 E., tely 1,159,195 acres of public lands, wise withdrawn or reserved for a Federal Secs. 1,12,13,24, 25,35. i. As provided in paragraph 1, ® use or purpose. T. 11 S., R. 8, 9,10,11, and 12 E. lowing recreation archaeological, or 2. Comments were received during the T. 11 S.,R. 13 E., ninistrative sites are further segre Sec. 4, w y2SW %; 60 days following publication of the Secs. 5 to 8 inclusive; ,ed fro m appropriation under notice of proposed classification (F.R. Sec. 9, wy2NW>/4, 8B%'NW%; SW»4, ieral mining laws, the Public Doc. 70-10181). Comments were also W&SEJ4; received at the public hearing held on Sec. 15, SWi,4, SWi4SE%; August 27, 1970, at Twin Falls, Idaho. Secs. 17 to 22 inclusive; selections: FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17067

B oise Meridian, I daho T. 8 S., R. 10 E., [New Mexico 435] Sec. 2,Ei/2; DEANS SITE Sec. 11, E y2; NEW MEXICO T. 15 S., R. 13 E., Sec. 14, E%'. Sec. 25, NW%; T. 6 S., R. 12 E., Notice of Proposed Classification of Sec. 26, W%NE% . SE^4NE%* E%NW^4; Secs. 14,23,26; Public Lands for Multiple-Use Man­ Sec. 23,SEi/4,Ei/2SWi/4; Sec. 31, Si/2SEi4; agement; Correction Sec. 24, SW&. Sec. 32,Sy2SWi4,E%; 760 acres. Secs. 33 to 35, inclusive. October 30,1970. MONUMENT SPRINGS T. 7 S., R. 12 E., F.R. Doc. No. 70-12514 which appeared Sec. 4; in the F ederal R egister issue of Septem­ T. 15 S., R. 14 E., Sec. 5,Ei/2; ber 22,1970, at page 14732, is hereby cor­ Sec. 19, S%; Sec. 7; S%NE%, SE%; Sec. 30, NE&. Sec. 8, Sy2NW%, Ey2; rected as follows: Sec. 9; The land description, “T. 26 S., R. 4 520 acres. Sec. 17, W»/2; E., Sec. 31, lots 2, 3, 4, and SE%NW&" JARBIDGE COLUMNS Sec. 18,Ei/2; should be inserted under Group I and Sec. 19; eliminated from Group n . The acreage in T. 16 S., R. 9 E., Sec. 20, W1^; Group I should be changed to 1,327.22 Sec. 33. Secs. 30,31. and in Group II to 359.85. 160 acres. T. 8 S., R. 12 .E, JARBIDGE FORKS Secs. 6 to 10 inclusive; W. J. Anderson, State Director. T. 16 S., R. 9 E., Sec. 11, S%; Sec. 3, Wx/i; Sec. 12, S%; [F.R. Doc. 70-14920, Filed, Nov. 4, 1970; Sec. 13, N%; 8:51 a.m.] Sec. 10,E&,Ey2NWi,4; Sec. 14,Ny2; Sec. 14. Sec. 15, NE%; 1,360 acres. Secs. 18,19, 30, 31. Office of Hearings and Appeals DAVES CREEK T. 9 S.,R. 11 E., [Docket No. NORT 71-18] T. 16 S., R. 9 E„ Sec. 1. Sec. 24, SW‘/4, W&SE%. T. 9 S., R. 12 E., BLACK DIAMOND COAL MINING CO. Sec. 6. ' ^ 240 acres. T. 8 S., R. 13 E., Petition for Modification of Interim SALMON FALLS Sec. 7, Sy2; Mandatory Safety Standard T. 14 S., R. 15 E., Secs. 8, 9, 10; Sec. 18, E^; - Sec. 11, N%; In accordance with the provisions of Sec. 19. Sec. 17, Ny2;, section 301(c) of the Federal Coal Mine Sec. 18, Ni/2. 960 acres. Health and Safety Act of 1969 (Public The area described above contains ap­ Law 91-173, 83 Stat. 24), notice is given The total area of these sites is ap- proximately 30,114 acres. that the Black Diamond Coal Mining Co. proximatey 4,000 acres. 6. For a period of thirty (30) dayshas filed a petition to modify the applica­ tion of section 308(b) to its Blade Dia­ 5. Also, pursuant to the Act of Sep­from date of publication in the F ederal tember 19, 1964, the following described mond mine (No. 01-00324-0). lands are hereby classified for multiple^ R egister, this classification shall be sub­ The petition seeks modification of the use management to serve as livestock ject to the exercise of administrative application of the following portion of driveways. These driveways will pro­ review and modification by the Secretary section 308(b) : vide livestock access between the Jar- of the Interior as provided for in 43 CFR High-voltage circuits extending under­ bidge Upland proper and ranch base 2411.2c. ground and supplying portable, mobile, or properties situated along the Snake For a period of 30 days, interested stationary high-voltage equipment shaU River to the north. Publication of this contain either a direct or derived neutral parties may submit comments to the Sec­ which shall be grounded through a suitable notice will segregate this land from ap­ retary of the Interior, LLM, 320, Wash­ resistor at the source transformers, and a propriation under the agricultural land ington, D.C. 20240. grounding circuit, originating at the laws (43 UJS.C., Parts 7 and 9; 25 U.S.C. grounded side of the grounding resistor, shall William G. R etter, extend along with the power conductors and sec. 334), from sale under section 2455 Acting State Director. serve as a grounding conductor for the of the Revised Statutes (43 U.S.C. 1171), [F.R. Doc. 70-14846; Filed, Nov. 4, 1970; frames of all high-voltage equipment sup­ or the Public Land Sale Act (43 U.S.C. 8:45 a.m.] plied power from that circuit, * * *. 1411—18), the Recreation and Public Petitioner proposes that its mine be Purposes Act (43 U.S.C. 315g), and In­ [OR 6409—A] excepted from the application of the demnity Selections (43 UJS.C. 851, 852), quoted portion of section 308(b) on the T. 6 S., R. 6 E., OREGON ground that its presently constructed system is as safe as any high-voltage N^Nwy*.NE^; rp XX 33 to 35, inclusive. Notice of Proposed Classification of distribution system for the remaining life T-3 S., R. io E., Public Lands; Correction of the mine, which is estimated at 3 Secs. 4,9; October 28, 1970. - years.. Parties interested in this petition In F.R. Doc. 70-13421; appearing on should file their answer or comments pages 15856-57 of the issue for Thursday, with the Office of Hearings and Appeals, Sec.23,Wi/2; October 8, 1970, the following changes Hearings Division, U.S. Department of Sec. 26, wy2; should be made in the land descriptions: the Interior, Ballston Tower No. 3, 4015 Sec. 27, EV,; W illam ette Meridian Wilson Boulevard, Arlington, Va. 22203. Sec- 34,Ei/2; Copies of the petition are available for Sec.35.Wy,; T. 13 S.. R. 28 E., * inspection at this same address. R. 10 E^ Sec. 33, delete W'/jNW^, add NW'/4. Sec. 1, Wy2; T. 14 S., R. 31 E., J ames M. D ay, Sec. 12, w»A; Sec. 32, delete NW%SW%, add NW ^SE^. Sec. 13, Director, Sec-24,wy2w&; Arthur W. Zimmerman, Office of Hearings and Appeals. Sec- 25,W^W%; Assistant State Director. October 29,1970. Sec. 26, SE%SEWj Sec. 35,E%E%. [FJt. Doc. 70-14847; Filed, Nov. 4, 1970; [FJt. Doc. 70-14912; Filed, Nov. 4, 1970; 8:45 a.m.] 8:50 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17068 NOTICES

National Park Service (2) Chief, Branch of General Serv­ and Construction Inspector are author­ ices; ized to purchase property and nonper­ GLEN CANYON NATIONAL (3) Chief, Procurement Section; sonal services in amounts not to exceed RECREATION AREA (4) Contract Specialist, Branch of $500 by small purchase procedures to General Services. meet emergency, occasional, or special Notice of Intention To Negotiate Chapter 11—Procurement and Con­ needs. Concession Contract tracting: Part 270, Chapter 2—Marketing of Pursuant to the provisions of section .1 Contracts—property and services. Electric Power and Energy: 5 of the Act of October 9, 1965 (79 Stat. A. Redelegation. The officials listed below .3 Contracts. A. Sale or interchange of 969; 16 U.S.C. 20), public notice is hereby are designated Contracting Officers and electric power and energy. The officials given that thirty (30) days after the are authorized to enter into procurement listed below are designated Contracting date of publication of this notice, the contracts and amendments or modifica­ Officers and are authorized to enter into Department of the Interior, through the tions thereof (except for authority to contracts for the sale or interchange of Director of the National Park Service, award and administer contracts relating electric power and energy, including proposes to negotiate a concession con­ to construction projects as hereinafter amendments or modifications thereof, as tract with Port Lee Co., authorizing it to assigned to others in 205.11.3), as dele­ delegated to the Administrator by 270 provide concession facilities and services gated to the Administrator by 205 DM DM 2.3: for the public at Glen Canyon National 11.1 : (1) Chief, Division of Power Mar­ Recreation Area for a period of 20 years (1) Chief, Division of Administrative keting; from January 1, 1971, through December Services; (2) . Chief, Branch of Power Contracts 31, 1990. (2) Chief, Branch of General Serv­ and Customer Service. The foregoing concessioner has per­ ices; B. Real estate acquisitions. The offi­ formed its obligations under the expir­ (3) Chief, Procurement Section; cials listed below are designated Con­ ing contract to the satisfaction of the (4) Contract Specialist, Branch of tracting Officers and are authorized to National Park Service, "and therefore, General Services. exercise the authority of the Secretary pursuant to the Act cited above, is en­ B. Exercise of authority. Contractsof the Interior (as delegated to the Ad­ titled to be given preference in the re­ may be entered into under this authority ministrator by 270 DM 2.3 and Secre­ newal of the contract and in the negotia­ unless specifically prohibited by statute, tary’s Order No. 2840 dated April 28, by the provisions of Title 41 of the 1959) to: tion of a new contract. However, under United States 'Code (Public Contracts), the Act cited above, the Secretary is also or by Chapter 1 of Title 41 of the Code of (1) Negotiate and execute agreements required to consider and evaluate all Federal Regulations (the Federal Pro­ for acquisition of real estate, interests in proposals received as a result of this curement Regulations) . real estate, and other rights and privi­ notice. Any proposal to be considered and .2 Negotiated purchases and con­ leges pertaining thereto (exclusive of evaluated must be submitted within tracts for property and services—redele- electric utility system real properties), thirty (30) days after the publication gation. The officials listed above in necessary to the Administration’s pro­ date of this notice. 205.11.1A, are authorized to make de­ grams; and Interested parties should contact the terminations and decisions required to (2) Determine reimbursements to Chief, Office of Concessions Manage­ support contract negotiation, and except which owners and tenants of lands ment, National Park Service, Washing­ as hereinafter designated to be per­ acquired for the Administration’s pro­ ton, D.C. 20240, for information as to the formed by others, to exercise the author­ grams may be entitled for expenses, requirements of the proposed contract. ity of the Secretary of the Interior (as losses, and damages incurred by them Dated: October 28, 1970. delegated to the Administrator by 205 for moving as is directly occasioned by such acquisition and approve payment T homas F lynn, DM 11.2A) to negotiate contracts without Acting Director, advertising under sections 302(c) and therefor: National Park Service. 307 (a) and (b) of the Federal Property (a) Chief, Division of Administrative and Administrative Services Act of 1949, Services; IF.R. Doc. 70-14918; Filed, Nov. 4, 1970; as amended (41 U.S.C. 252(c) and 257), (b) Chief, Branch of Land Acquisition. 8:51 a.m.] subject to the limitations hereinafter set forth. Dated: October 20,1970. .3 Award and administration of con­ Peter C. King, Southwestern Power Administration tracts relating to construction projects— Administrator. CERTAIN OFFICIALS redelegation. The officials listed below are [F.R. Doc. 70-14922; Filed, Nov. 4, 1970; designated contracting officers and are 8:51 a.m.] Redelegations of Authority authorized to make awards and adminis­ The redelegations of authority set forth ter contracts and amendments or modi­ herein as pertinent portions of the fications thereof, developed through Southwestern Power Administration advertisement or negotiation for prop­ DEPARTMENT OF HEALTH, Manual supersede the redelegations con­ erty and services relating to construction tained in SPA General Order No. 218, projects, as delegated to the Administra­ EDUCATION, AND WELFARE Revised, as published in 30 F.R. 11926, tor by 205 DM 11.1 and 205 DM 11.2: No. 180, September 17,1965, and Amend­ ( 1 ) Chief, Division of Power Facilities ; Food and Drug Administration ment No. 1 thereto, as published in 32 (2) Chief, Branch of Construction; P.R. 7466, No. 97, May 19,1967, and shall (3) Contract Specialist, Branch of GEIGY CHEMICAL CORP. become effective on publication in the Construction. >tice of Filing of Petition Regarding Federal Register. .4 Bureau limitations. Amendments or Pesticide Chemicals Part 205, Chapter 10—Real Property modifications to contracts authorized Management: under the redelegations of 205.11.1, .2, Pursuant to provisions of the Federal .8 Leases. With respect to acquisition and .3 involving an increase of over $2,500 od, Drug, and Cosmetic Act (sec. 408 by lease of space in buildings and land shall not be executed without prior writ­ )(1), 68 Stat. 512; 21 U.S.C. 346a(d) located in the United States and its ter­ ten approval of the Administrator or his ) ), notice is given that a P®^10“ ritorial possessions, the officials listed be­ designated representative. ■1048) has been filed b y th e Geigy low may exercise the authority delegated .5 Small purchases of $500 or less. îemical Corp., Ardsley, N.Y 10502, to the Secretary of the Interior by FPMR Employees occupying the position titles oposing the establishment of toier 101-18.106, as redelegated in 205 DM of Chief Office Services Section, Pur­ ces (21 CFR Part 120) for negligible 10.8 : sidues of the herbicide chasing Agent, Area Engineer, Foreman, lino - 4 - ethylamino-6-methylthio (1) Chief, Division of Administrative Clerk (Maintenance Depots), Chief Dis­ Services; patcher, Realty Officer, Realty Specialist, in or on the raw agricultural

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17069 commodities sorghum grain, forage, and Pharmaceuticals Division, Sandoz- I ndications fodder at 0.1 part per million. Wander, Inc., Route 10, Hanover, N.J. This drug is indicated for the control of The analytical method proposed in 07936 (NDA 5-694). grand mal, focal, Jacksonian, and psycho­ the petition for determining residues of The drug is regarded as a new drug. motor seizures that are refractory to other the herbicide is a gas chromatographic The effectiveness classification and mar­ drugs. procedure using a flame photometric keting status are described below. The supplement should be submitted detector with a sulfur filter at 394 A. Effectiveness classification. The under the provisions of § 130.9 (d) and nanometers. Food and Drug Administration has con­ (e) of the new-drug regulations (21 CFR sidered the Academy report, as well as Dated: October 28,1970. 130.9 (d) and (e)), which permit cer­ other available evidence, and concludes tain changes to be put into effect at the S am D. F ine, that mephenytoin with phénobarbital is earliest possible time, and the revised Associate Commissioner probably effective as a secondary agent labeling should be put into use within the for Compliance. for the control of grand mal, focal, Jack­ 60-day period. [F.r . Doc. 70-14913; Filed, Nov. 4, 1970; sonian, and psychomotor seizures. Any person marketing such drug with­ 8:50 a.m.] B. Marketing status. 1. Those indica­ out an approved new-drug application tions for which the drug is described in should provide for labeling in accord paragraph A above as probably effective with this announcement to be put into WITCO CHEMICAL CORP. may continue to be used for 12 months use within 60 days following the publi­ f ollowing the date of this publication, to cation hereof. Notice of Filing of Petition Regarding allow additional time within which hold­ The above-named holder of the new- Pesticide Chemicals ers of previously approved applications drug application for this drug has been Pursuant to provisions of the Federal or persons marketing the drug without mailed a copy of the NAS-NRC report. Pood, Drug, and Cosmetic Act (sec. 408 approval may obtain and submit to the Any interested person may obtain a copy (d)(1), 68 Stat. 512; 21 U.S.C. 346a(d) Food and Drug Administration in a sup­ of the report by writing to the office (D), notice is given that a petition (PP plemental or original new-drug appli­ named below. 1F1043) has been filed by Witco Chemi­ cation data to provide substantial evi­ Communications forwarded in response cal Corp., 400 North Michigan Avenue, dence of effectiveness. To be acceptable to this announcement should be identi­ Chicago, HI. 60611, proposing the estab­ for consideration in support of the ef­ fied with the reference number DESI lishment of an exemption from the re­ fectiveness of a drug, any such data must 5694, directed to the attention of the fol­ quirement of a tolerance (21 CFR Part be previously unsubmitted, well-orga­ lowing appropriate office, and addressed 120) for residues of ammonium and nized, and include data from adequate (unless otherwise specified) to the Food isopropylammonium salts of oleoyl and well-controlled clinical investiga­ and Drug Administration, 5600 Fishers isopropanolamide sulfosuccinate, iso- tions (identified for ready review) as de­ Lane, Rockville, Md. 20852: propylamine and hydroxyethyl isopro­ scribed in § 130.12(a) (5) of the regula­ Supplements (identify with NDA number) : pylamine salts of nonylphenyl tetra (oxy- tions published as a final order in the Office of Scientific Evaluation (BD-100), ethylene) sulfosuccinate, isopropylamine F ederal R egister of May 8, 1970 (35 F.R. Bureau of Drugs. and hydroxyethyl isopropylamine salts 7250). Carefully conducted and docu­ Original new-drug applications: Office of of alkyl (C12-C15) tri(oxyethylene) sul­ mented clinical studies obtained under Scientific Evaluation (BD-100), Bureau of fosuccinate, and isopropylamine and uncontrolled or partially controlled sit­ Drugs. hydroxyethyl isopropylamine salts of uations are not acceptable as a sole basis All other communications regarding this an­ for the approval of claims of effective­ nouncement : Drug Efficacy Study Imple­ alkyl (C12-C15) deca(oxyethylene) sulfo­ mentation Project Office (BD-5), Bureau of succinate when used as inert ingredients ness, but such studies may be considered Drugs. in pesticide formulations to be emulsified on their merits for corroborative support Bequests for NAS-NRC Reports: Press Rela­ in liquid fertilizer solutions before of efficacy and evidence of safety. tions Office (CE-200), Pood and Drug Ad­ application. 2. At the end of the 12-month period, ministration, 200 C Street SW., Washing­ The analytical method proposed in any such data will be evaluated to de­ ton, D.C. 20204. the petition for determining residues of termine whether there is substantial evi­ This notice is issued pursuant to pro­ the inert ingredients is a technique dence of effectiveness of the drug for visions of the Federal Food, Drug, and where the determination of quantities such uses. The conclusions concerning Cosmetic Act (secs. 502, 505, 52 Stat. of the sulfosuccinates is based on the the drug will be published in the F ederal 1050-53, as amended; 21 U.S.C. 352, 355) formation of a benzene-soluble color Register. If no studies have been under­ and under authority delegated to the complex with methyl green. Spectro­ taken or if the studies do not provide Commissioner of Food and Drugs (21 photometer readings at 615 nanometers substantial evidence of effectiveness, pro­ CFR 2.120). are compared with a standard curve. cedures will be initiated to withdraw ap­ Dated: October 14,1970. Dated: October 28,1970. proval of the new-drug application for the drug, pursuant to the provisions of S am D. F ine, S am D. F ine, section 505(e) of the Federal Food, Associate Commissioner Associate Commissioner Drug, and Cosmetic Act. Withdrawal of for Compliance. for Compliance. approval of the application will cause any such drug on the market to be a new [F.R. Doc. 70-14916; Filed, Nov. 4, 1970; (f.R. Doc. 70-14914; Filed, Nov. 4, 1970; 8:50 a.m.] 8:50 a.m.] drug for which an approval is not in effect. 3. Within 60 days from publication [DESI 10024] [DESI 5694] hereof in the F ederal R egister the holder CERTAIN ANTIFUNGAL DERMA­ mephenytoin w ith of any approved new-drug application TOLOGIC PREPARATIONS; AMPHO­ for such drug is requested to submit a PHENOBARBITAL supplement to his, application to provide TERICIN B, NYSTATIN, NYSTATIN Dr«gs for Human Use; Drug Efficc for revised labeling as needed, which, AND IODOCHLORHYDROXYQUIN Study Implementation taking into account the comments of the Drugs for Human Use; Drug Efficacy Academy, furnishes adequate informa­ Study Implementation evsSlSi*1 and Drug Administration 1 tion for safe and effective use of the drug, tX ?A ?n2 report from the P is in accord with the guidelines for uni­ The Food and Drug Administration search A^ ? emy,of Sciences-National I form labeling published in the F ederal has evaluated reports received from the S °reg Efficacy Str R egister of February 6, 1970 (21 CFR National Academy of Sciences-National T a b le t* ? f.0l.lowing drug: Hydan 3.74), and recommends use of the drug Research Council, Drug Efficacy Study P henob^iT ^ mephenytoin a for the probably effective indications as Group, on the following antifungal wienobarbital, marketed by San< follows: dermatologic drugs for topical use:

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17070 NOTICES 1. Fungizone Lotion containing am­ applicant to obtain and submit data to September 24, 1970, inclusive, with all photericin B (NDA 12-961) ; provide substantial evidence of effective­ the powers, functions, and duties redele­ 2. Mycostatin Topical Powder contain­ ness of the drug for use in the conditions gated or assigned to the Director, Okla­ ing nystatin (NDA 10-719) ; and for which it has been evaluated as pos­ homa City Area Office. 3. Mycostatin Ointment and Myco­ sibly effective. Robert H. Gardner, Director of the statin Cream containing nystatin (NDA To be acceptable for consideration in Tulsa, Okla., Insuring Office, is desig­ 10-024) ; all marketed by E. R. Squibb & support of the effectiveness of a drug, nated to serve as Acting Director, Okla­ Sons, Inc., Georges Road, New Bruns­ any such data must be previously un­ homa City Area Office, beginning wick, N.J. 08903. submitted, well-organized, and include September 25, 1970, during the present 4. Nysta-Dome Lotion containing nys­ data from adequate and well-controlled vacancy in the position »of Director, tatin (NDA 50-233) ; and clinical investigations (identified for Oklahoma City Area Office, with all the 5. Nystaform Ointment containing ready review) as described in § 130.12(a) powers, functions, and duties redelegated n y s t a t i n and iodochlorhydroxyquin (5) of the regulations published as a final or assigned to the Director, Oklahoma (NDA 50-235) ; both marketed by Dome order in the F ederal R egister of May 8, City Area Office. Laboratories, Division of Miles Labora­ 1970 (35 F.R. 7250). Carefully conducted Alonzo W. Taylor, Deputy Director of tories, Inc., 125 West End Avenue, New and documented clinical studies obtained the Tulsa Insuring Office, is designated York, N.Y. 10023. under uncontrolled or partially con­ to serve as Acting Director, Tulsa In­ The Food and Drug Administration trolled situations are not acceptable as suring Office, beginning September 25, concludes that the preparations contain­ a sole basis for the approval of claims 1970, during the present vacancy in the ing amphotericin B or nystatin are effec­ of effectiveness, but such studies may be position of Director, with all the powers, tive for the treatment of cutaneous considered on their merits for corrobo­ functions, and duties redelegated or as­ and mucocutaneous mycotic infections rative support of efficacy and evidence of signed to the Director, Tulsa Insuring caused by Candida species (Monilia). safety. Office. When these infections are complicated A copy of the NAS-NRC report has (Redelegation by Assistant Secretary for by iodochlorhydroxyquin sensitive bac­ been furnished to each firm referred to Administration to Regional Administrators teria, the preparation containing nys­ above. Any other interested person may effective May 4, 1969) tatin and iodochlorhydroxyquin is obtain a copy by request to the Press Effective date: The effective date of effective. Relations Office (CE-200), Food and this designation is August 24, 1970. Preparations containing amphotericin Drug Administration, 200 C Street SW., B, nystatin, or nystatin and iodochlor­ Washington, D.C. 20204. R ichard L. Morgan, hydroxyquin are subject to the anti­ Communications forwarded in re­ Regional Administrator, biotic procedures pursuant to section sponse to this announcement should be Region VI (.Fort Worth) Office. 507 of the Federal Food, Drug, and identified with the reference number [F.R. Doc. 70-14946; Filed, Nov. 4, 1970; Cosmetic Act. Requests for certification DESI 10024, directed to the attention of 8:52 a.m.] or release of the drugs in the dosage the appropriate office listed below, and forms described above should provide addressed to the Food and Drug Admin­ for labeling information in accord with istration, 5600 Fishers Lane, Rockville, this réévaluation of the drug as pub­ Md. 20852: CIVIL AERONAUTICS DOARD lished in this announcement. Amendments (identify with NDA number): [Docket No. 20522] The above-named firms and any other Division of Anti-Infective Drugs (BD-140), holders of applications approved for a Office of Scientific Evaluation, Bureau of AGREEMENTS ADOPTED BY IATA drug of the kinds described above are Drugs. RELATING TO NORTH ATLANTIC requested to submit, within 60 days fol­ Other communications regarding this an­ nouncement: Special Assistant for Drug CARGO RATES lowing publication of this announce­ Efficacy Study Implementation (BD-5), ment in the F ederal R egister, amend­ Bureau of Drugs. Notice of Reassignment of Place of ments to their antibiotic applications to Prehearing Conference provide for revised labeling. Such label­ This notice is issued pursuant to pro­ ing should comply with all requirements visions of the Federal Food, Drug, and Notice is hereby given, pursuant to the of the Act and regulations, bear ade­ Cosmetic Act (secs. 502, 507, 52 Stat. provisions of the Federal Aviation Act of quate information for safe and effective 1050-51, as amended, 59 Stat. 463, as 1958, as amended, that a Prehearing use of the drug, and be in accord with amended; 21 U.S.C. 352, 357) and under Conference in the above-entitled pro­ the guidelines for uniform labeling pub­ authority delegated to the Commissioner ceeding assigned to be held on Novem­ of Food and Drugs (21 CFR 2.120). ber 20, 1970, at 10 a.m., e.s.t., in Room lished in the F ederal R egister of Febru­ 726, Universal Building, 1825 Connecti­ ary 6, 1970. For the preparations con­ Dated: October 14,1970. taining nystatin or amphotericin B, the cut Avenue NW., Washington, D.C., be­ indications section should be as follows: S am D. F ine, fore the undersigned, is hereby reas­ Associate Commissioner signed to be held in Room 911 of said I ndications for Compliance. building on November 20,1970, at 10 a.m. For the treatment of cutaneous or muco­ cutaneous mycotic infections caused by [F.R. Doc. 70-14917; Filed, Nov. 4, 1970; Dated at Washington, D.C., Novem­ Candida species (Monilia). 8:50 a.m.] ber 2, 1970. For preparations containing nystatin and [seal] W illiam F. Cttsick, iodochlorhydroxyquin, the indications sec­ Hearing Examiner. tion should be as follows: I ndications DEPARTMENT OF HOUSING [F.R. Doc. 70-14944; Filed, Nov. 4, 1970; 8:52 a.m.] For the treatment of cutaneous or muco­ cutaneous mycotic infections caused by AND URDAN DEVELOPMENT Candida species (Monilia) complicated by ACTING DIRECTOR, OKLAHOMA CITY, [Docket No. 22136] iodochlorhydroxyquin-sensitive bacteria. OKLA., AREA OFFICE AND ACTING TRANS WORLD AIRLINES, INC. The Food and Drug Administration DIRECTOR, TULSA, OKLA., INSUR­ concludes that nystatin with iodochlor­ otice of Oral Argument Regarding ING OFFICE hydroxyquin ointment is possibly effec­ Acquisition of Sun Line Companies tive for its other labeled indications. Designations Batches of the drug which bear labeling Notice is hereby given, pursuant to the with these indications and are otherwise Travis W. Miller, Assistant Regional revisions of the Federal AviatiomAct in accord with the labeling conditions Administrator for Metropolitan Planning ! 1958, as amended, that oral argume herein will be accepted for release by the and Development, Region VI (Fort i the above-entitled matter is assigned Food and Drug Administration for a pe­ Worth) Office, is designated Acting Di­ i be held on November 18, 1970, at 1 riod of 6 months from the publication rector, Oklahoma City, Okla., Area Office, m * at. in Room 1027, Universal date of this announcement to allow any for the period August 24, 1970, through FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17071

Building, 1825 Connecticut Avenue NW., Applications Accepted fob F il in g Washington, D.C., before the Board. DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE Dated at Washington, D.C., Octo­ File No., applicant, call sign and nature of application ber 30,1970. 2225- C2-TC-71—Radiopaging. Inc. Consent to transfer of control from Benjamin Cutler and Murray Gordon, transferors, to: Gerald Klugerman, Transferee, Station KIE367, [seal] Thomas L. W renn, Miami, Fla. Chief Examiner. 2226- C2—P—71—Southwestern Bell Telephone Co. (New), C.P. for a new 2-way station to be [F.R. Doc. 70-14945; Piled, Nov. 4, 1970; located at 201 North High, Uvalde, Tex., to operate on frequency 152.63 MHz. 8:52 a.m.] 2227- C2-P-71—Intrastate Radio Telephone, Inc., of Los Angeles (KMA200), C.P. to add frequency 152.18 MHz at a new site described as location No. 3: Oat Mountain, Calif. 2235— C2—P—71—Radio Relay Corp. (KQC884), C.P. to add frequency 43.58 MHz. Station loca-r tion: Broderick Tower Building, 10 Witherell Street, Detroit, Mich. FEDERAL COMMUNICATIONS 2247- C2—P—71—Kidd’s Communications, Inc. (New), C.P. for a new 1-way station to be located at 107 Asher Street, Taft, Calif., to operate on frequency 158.70 MHz. 2248- C2-P—71—Jack Loperena (KLF648), C.P. to change the base frequency to 75.42 MHz COMMISSION at location No. 2: 238 North Fresno Street, Calif. [Report 516] 2249- C2—P— (3)71—Golden West Telephone Co. (KMM637), C.P. to add frequency 152.72 MHz and change the antenna system operating on frequencies 152.57 and 152.81 MHz COMMON CARRIER SERVICES located at 400 East Rice Street, Blythe, Calif. INFORMATION1 2250- C2-MP-71—Waco Communications, Inc. (KKJ453), Modification of C.P. to change frequency to 152.15 MHz; replace transmitter and change the antenna system at location Domestic Public Radio Services No. 2: Off Highway 81, approximately 5 miles south of city limits of Waco, Tex. Applications Accepted for Filing 2 2251- C2-P-71—Cincinnati Radio Telephone Systems, Inc. (KLF476), C.P. for additional N ovember 2, 1970. facilities to operate on frequency 43.22 MHz at new site location No. 3: 11316 Williamson Road, Blue Ash, Ohio. Pursuant to §§ 1.227(b) (3) and ,21.30 2261- C2-P-(2)71—Utah Telephone Co. (KLF906), C.P. to change the antenna system oper­ (b) of the Commission’s rules, an appli­ ating on frequencies 152.60 and 152.72 MHz. Station location: 40 West First North, cation, in order to be considered with Tremonton, Utah. any domestic public radio services ap­ RURAL RADIO SERVICE plication appearing on the list below, 2228- C1-P-71—The Mountain States Telephone & Telegraph Co. (KPH69), C.P. to replace must be substantially complete and transmitter operating on frequency 157.77 MHz communicating with station KPQ20, tendered for filing by whichever date is Casper, Wyo. Station location: Matador Cattle Co., 49.6 miles southwest of Casper, Wyo. earlier: (a) The close of business 1 2241-C1-P/L-71—Cameron Telephone Co. (New), C.P. and license for a new rural subscriber business day preceding the day on which station to be located at approximately 38 miles southeast of Cameron, La. (Gulf of the Commission takes action on the pre­ Mexico, East Cameron Block 17), to operate on frequency 157.95 MHz. viously filed application; or (b) within 2262- C1/L-71—Jim Mayfield (New), C.P. and license for a new rural subscriber station to 60 days after the date of the public be located at Clayton, N. Mex., to operate on frequency 158.55 MHz communicating with notice listing the first prior filed ap­ station KLB710, Clayton, N. Mex. plication (with which subsequent appli­ cations are in conflict) as having been Major Amendments accepted for filing. An application which 196- C1-MP—71—The Midland Telephone Co. (WAY70), Change frequency to 459.40 MHz. is subsequently amended by a major All other particulars to remain same as reported on public notice dated July 27, 1970. change will be considered to be a newly 197- C1-MP-71—The Midland Telephone Co. (WAY71), Same as above, except, change fre­ filed application. It is to be noted that quency to 454.40 MHz. the cutoff dates are set forth in the alternative—applications will be entitled POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) to consideration with those listed below 931-C1-R-71—New York Telephone (KEH95), Renewal of a developmental license ex­ if filed by the end of the 60-day period, piring Nov. 1,1970. Term: Nov. 1,1970 to Nov. 1,1971. only if the Commission has not acted 2229- C1-P-71—Southwestern Bell Telephone Co. (New), C.P. for a new station to be located upon the application by that time pur­ at Alpine Hill, Alpine, Tex. Frequencies: 6034.2 and 6152.8 MHz toward Chancellor, Tex. suant to the first alternative earlier date. 2230- C1—P-71—Southwestern Bell Telephone Co. (New), C.P. for a new station to be located The mutual exclusivity rights of a new at 1.4 miles northwest of Chancellor, Tex. Frequencies: 6286.2 and 6404.8 MHz toward Alpine, Tex., and 6286.2 and 6404.8 MHz toward Fort Stockton, Tex. application are governed by the earliest 2231- C1-P-71—Southwestern Bell Telephone Co. (New), C.P. for a new station to be located action with respect to any one of the at 2.4 miles east-southeast of Fort Stockton, Tex. Frequencies: 6034.2 and 6152.8 MHz earlier filed conflicting applications. toward Chancellor, Tex., and 6034.2 and 6152.8 MHz toward Imperial, Tex. The attention of any party in interest 2232- C1-P—71—Southwestern Bell Telephone Co. (New), C.P. for a new station to be located desiring to file pleadings pursuant to at 4.5 miles northeast of Imperial, Tex. Frequencies: 6286.2 and 6404.8 MHz toward section 309 of the Communications Act Stockton, Tex., and 6286.2 and 6404.8 MHz toward Crane, Tex. of 1934, as amended, concerning any 2233- Cl-P—71—Southwestern Bell Telephone Co. (New), C.P. for a new station to be located domestic public radio services applica- at 13.9 miles north of Crane, Tex. Frequencies: 6034.2 and 6152.8 MHz toward Imperial, «9? 0^ccep^'e<^ f°r filing, is directed to Tex., and 6034.2 and 6152.8 MHz toward Midland, Tex. § ¿1.27 of the Commission’s rules for 2234- C1-P-71—Southwestern Bell Telephone Co. (New), C.P. for a new station to be located Provisions governing the time for filing at IH 20 and State Highway 349, Midland, Tex. Frequencies: 6286.2 and 6404.8 MHz toward and other requirements relating to such Crane, Tex. Pleadings. 2236— Cl—P—71—Western States Telephone Co., Inc. (KTQ96), C.P. to add frequencies 6286.2 and 6404.8 MHz toward Lobato Ridge, N. Mex., a new point of communication. Location: F ederal Communications Off U.S. Highway Nos. 84 and 285, east of Rio Grande River, Española, N. Mex. Commission, 2237- C1-P—71—Western States Telephone Co., Inc. (New), C.P. for a new station to be [seal] Ben F. Waple, located at 100 northwest of Highway 96, El Rito, N. Mex. Frequency: 2127.0 MHz toward ______Secretary. Lobato Ridge, N. Mex. 2238— Cl—P—71—Western States Telephone Co., Inc. (New), C.P. for a new station to be to f ? l ? PliCations listed below are subject located at approximately 7 miles south of Abiquiu, Lobato Ridge, N. Mex. Frequencies: be retiirtL!i0nsicieratlon and review and may 6093.5 and 5974.8 MHz toward Española, N. Mex.; 5945.2 and 6063.8 MHz toward Microwave to he aild/or dismissed if not found Site, N. Mex., and 2177.0 MHz toward El Rito, N. Mex. rules ra a?C?.rdance with the Commission’s 2239- C1—P—71—Western States Telephone Co., Inc. (New), C.P. for a new station to be 8 The and other requirements, located at approximately 4 miles northwest of Echo Amphitheatre, Microwave Site, N. Mex. to those alJternative cutoff rules apply Frequencies: 6375.2 and 6256.5 MHz toward Lobato Ridge, N. Mex., and 6286.2 and 6404.8 been accented'a't.i°nsr,listed below as having MHz toward Chama, N. Mex. via passive reflector. Mobile S n d T,ilX Domestic PubUc Land Microwave R aSfal ^ dio’ p°int-to-Point 2240- C1—P—71—Western States Telephone Co., Inc. (New), C.P. for a new station to be Transmisoio. and Local Television located at 1 mile south of business district, east side Highway 19, Chama, N. Mex. Fre­ nsmission Services (Part 21 of the rules). quencies: 5974.8 and 6093.5 MHz toward Microwave Site, N. Mex., via passive reflector.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17072 NOTICES

POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)----C o n t i n u e d with the production of oil or gas (and 2244- C1-P/ML-71—The Pacific Telephone & Telegraph Co. (KMA38), C.P. and modification not exempt from specific certification as of license to add frequency 3850.0 MHz toward Padua Hills, Calif. Station location: 434 direct drilling gas sales facilities under South Grand Avenue, Los Angeles, Calif. § 157.22(b) of the Commission’s said 2245- C1-P/ML-71—The Pacific Telephone & Telegraph Co. (KMW74), C.P. and modification regulations); and of license to add frequency 3810.0 MHz toward Strawberry Peak, and Los Angles, Calif. (b) The construction, during the cal­ Station location: Padua Hills, 3 miles north of Claremont, Calif. endar year 1971, and operation of natural 2246- C1-P/ML-71—The Pacific Telephone & Telegraph Co. (KMQ33), C.P. and modification gas facilities, or the operation of exist­ of license to add frequency 3850.0 MHz toward Padua Hills, Calif. Station location: Straw­ ing sales facilities, where available, and, berry Peak, 9 miles north of San Bernardino, Calif. by means thereof, the sale from appli­ 2252- C1-P-71—The Mountain States Telephone & Telegraph Co. (KVU54), C.P. to change cant’s Southern Division System of frequency 454.50 MHz to 2178.4 MHz toward Baxter Pass, Colo. Station location: 800 Main Street, Grand Junction, Colo. natural gas for resale for uses associated 2253- C1-P-71-—The Mountain States Telephone & Telegraph Co. (KBC96), C.P. to change with the drilling of oil or gas wells; frequency 459.50 MHz to 2128.4 MHz toward Grand Junction, Colo. Station location: 22.5 all as more fully set forth in the appli­ miles north-northwest of Mack, Colo. cation on file with the Commission and 2255- C1-P-71—The Chesapeake & Potomac Telephone Co. of West Virginia (KVI29), C.P. open to public inspection. to add frequency 5974.8 MHz toward Cox’s Mill, W. Va. Station location: 2 miles north- northeast of Elizabeth, W. Va. . Applicant states that it anticipates, 2256- C1-P—71—The Chesapeake & Potomac Telephone Co. of West Virginia (KVI30), C.P. during the calendar year 1971, requests to add frequency 6226.9 MHz, Wolf Summit, W. Va., and Elizabeth, W. Va. Station location: for short-term direct gas service for such 2 miles northwest of Cox’s Mill, W. Va. purposes* as pumping, injection, pressure 2257- C1-P-71—The Chesapeake & Potomac Telephone Co. of West Virginia (KVI31), C.P. to maintenance, equipment fuel, various add frequency 5974.8 MHz toward Clarksburg, W. Va., and Cox’s Mill, W. Va. Station loca­ lease and camp uses, and emergency tion: 1.5 miles south-sodthwest of Wolf Summit, W. Va. standby service, as well as requests for 2258- C1-P-71—The Chesapeake & Potomac Telephone Co. of West Virginia (KVI32), C.P. to both direct and resale gas service for ad frequency 6226.9 MHz toward Wolf Summit, W. Va. Station location: 428 West Main use in drilling oil or gas wells. In addi­ Street, Clarksburg, W. Va. tion to the certificate authorizations re­ 2263- C1-P-71—American Telephone & Telegraph Co. (KGH83), C.P. to add frequency 6256.5 quested, Applicant requests authori­ MHz toward Finland, Pa. Station location: 2.5 miles east-southeast of Lionville, Pa. zation to file annually with the 2264- C1-P-71—American Telephone & Telegraph Co. (KGP40), C.P. to add frequency 6004.5 Commission data required by §§ 157.7(c) MHz toward Lionville, Pa. Station location: 0.95 mile northwest of Finland, Pa. (8) and 157.22(e) of the Commission’s Correction regulations, respecting each new project supplied with gas pursuant to the instant 2224—Cl-MP-71—The Mountain States Telephone & Telegraph Co. (KZA53), Modification of C.P. to change frequencies from 10,795 and 11,245 MHz to: 10,835 and 10,995 MHz toward authorization sought herein. North field, Colo. Location: 17 North Weber Street, Colorado Springs, Colo. Modification Applicant states that under the of C.P. filed by the Mountain States Telephone & Telegraph Co. for Station KZA53 was budget-type construction authorizations erroneously omitted from Public Notice dated Oct. 26, 1970. requested, it would not, during the term therefor, install more than 25 separate Major Amendment sales facility installations, and their ag­ 1750—Cl-P-71—New England Telephone & Telegraph Co. (KCL54), Major amendment: gregate installed cost would not exceed change frequency from: 6356.5 MHz to: 6256.5 MHz. Location: 185 Franklin Street, Boston, $42,500. Mass. All other particulars same as reported in Public Notice dated Oct. 5, 1970. Applicant states that the grant of the 797- C1-P-71—Western Tele-Communications, Inc. (New), Major amendment: Correct azi­ authorization requested will assure muth toward Almagre Mountain, Colo., to 329”06'. 798- C1-P-71—Western Tele-Communications, Inc. (New), Correct azimuth toward Pueblo, prompt availability of natural gas and Colo., to 148°52'. will materially aid in the expeditious 799- C1-P-71—Western Tele-Communications, Inc. (New), Correct azimuth toward Almagre conduct of activities for the discovery, Mountain, Colo., tOy348°30'. All other particulars same as reported in Public Notice dated development and production of petro­ Aug. 10,1970. leum resources. Moreover, the time and POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) expense inherent. in filing numerous, minor certificate and abandonment ap­ 2204- C1-P-71—United Video, Inc. (New), C.P. for a new station at 1 mile north of Onarga, plications will be obviated by issuance 111., to transmit on frequencies 10,735 MHz, 10,815 MHz, 10,895, and 10,975 MHz, via power split, toward Fairbury, 111., on azimuth of 270°57'. of all of such requested authorizations. 2205- C1-P-71—United Video, Inc. (New), C.P. for a new station at Tuscola, HI., to (a) Any person desiring to be heard or to transmit on frequencies 11,265 and 11,665 MHz via power split, toward Urbana, HI., on make any protest with reference to said azimuth of 16°36"; (b) transmit on frequencies 11,265, 11,345, 11,425, 11,505, and 11,585 application should on or before Novem- MHz toward Paris, HL, on azimuth of 111*41'-; and (c) transmit on frequencies 11,265, . ber 23, 1970, file with the Federal Power 11.345.11.425., 11,505,11,585, and 11,665 MHz via power split, toward Decatur, Hi., on azimuth Commission, Washington, D.C. 20426, a of 272 °04'. petition to intervene or a protest in ac­ 2206- C1-P-71—United Video, Inc. (New), C.P. for a new station at Mattoon, HI., to (a) cordance with the requirements of the transmit frequency 10,735 MHz toward Tuscola, HI., on azimuth of 12°07'; and (b) trans­ Commission’s rules of practice and pro­ mit frequencies 10,795, 10,875, 10,955, 11,035, and 11,115 MHz toward Effingham, 111., on cedure (18 CFR 1.8 or 1.10) and the reg­ azimuth of 198° 17'. _ ulations under the Natural Gas Act (18 (Informative: Applicant proposes merely to reestablish the points of communication which CFR 157.10). All protests filed with the were severed, pursuant concurrently filed amendment, from its applications bearing file Commission will be considered by it in Nos. 2619,2621 and 2623-C1-P-66.) determining the appropriate action to be taken but will not serve to make the Pro­ [F.R. Doc. 70-14932; Filed, Nov. 4, 1970; 8:52 a.m.] testants parties to the proceeding. Any person wishing to become a party to a type application pursuant to section 7(c) proceeding or to participate as a party FEDERAL POWER COMMISSION of the Natural Gas Act and § 157.7 of in any hearing therein must file a peti­ [Docket No. CP71-117] the regulations thereunder for a certifi­ tion to intervene in accordance with the cate of public convenience and necessity Commission’s rules. EL PASO NATURAL GAS CO. authorizing: Take further notice that, pursuant to Notice of Application (a) The construction, during the the authority contained in and subject calendar year 1971, and operation of to the jurisdiction conferred upon the October 29, 1970. natural gas sales facilities, or the opera­ Federal Power Commission by sections 7 Take notice that on October 19, 1970, tion of existing sales facilities, where El Paso Natural Gas Co. (applicant), available, for the direct sale and delivery and 15 of the Natural Gas Act and the Post Office Box 1492, El Paso, Tex. 79999, from applicant’s Southern Division Sys­ Commission’s rules of practice and pro­ filed in Docket No. CP71-117 a budget- tem of natural gas for uses associated cedure, a hearing will be held without FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17073 further notice before the Commission on determining the appropriate action to be cedure (18 CFR 1.8 or 1.10) and the this application if no petition to inter­ taken but will not serve to make the pro­ regulations under the Natural Gas Act vene is filed within the time required testants parties to the proceeding. Any (18 CFR 157.10). All protests filed with herein, if the Commission on its own person wishing to become a party to a the Commission will be considered by it review of the matter finds that a grant proceeding or to participate as a party in in determining the appropriate action of the certificate is required by the public any hearing therein must file a petition to be taken but will not serve to make convenience and necessity. If a petition to intervene in accordance with the Com­ the protestants parties to the proceed­ for leave to intervene is timely filed, or mission’s rules. ing. Any person wishing to become a if the Commission on its own motion Take further notice that, pursuant to party to a proceeding or to participate believes that a formal hearing is re­ the authority contained in and subject as a party ip any hearing therein must quired, further notice of such hearing to the jurisdiction conferred upon the file a petition to intervene in accordance will be duly given. Federal Power Commission by sections with the Commission’s rules. Under the procedure herein provided 7 and 15 of the Natural Gas Act and the Take further notice that, pursuant to for, unless otherwise advised, it will be Commission’s rules of practice and the authority contained in and subject unnecessary for Applicant to appear or procedure, a hearing will be held without to the jurisdiction conferred upon the be represented at the hearing. further notice before the Commission on Federal Power Commission by sections Gordon M. G rant, this application *if no petition to inter­ 7 and 15 of the Natural Gas Act and the Secretary. vene is filed within the time required Commission’s rules of practice and pro­ herein, if the Commission on its own re­ cedure, a hearing will be held without [F.R. Doc. 70-14928; Filed, Nov. 4, 1970; view of the matter finds that a grant of 8:51 a.m.] further notice before the Commission on the certificate is required by the public this application if no petition to inter­ convenience and necessity. If a petition vene is filed within the time required [Docket No. CP71-121] for leave to intervene is timely filed, or herein, if the Commission on its own re­ if the Commission on its own motion view of the matter finds that permission TRANSWESTERN PIPELINE CO. believes that a formal hearing is re­ and approval for the proposed abandon­ Notice of Application quired, further notice of such hearing ment is required by the public conven­ will be duly given. ience and necessity. If a petition for leave October 29,1970. Under the procedure herein provided to intervene is timely filed, or if the Take notice that on October 22, 1970, for, unless otherwise advised, it will be Commission on its own motion believes Transwestem Pipeline Co. (applicant), unnecessary for applicant to appear or that a formal hearing is required, fur­ Post Office Box 2521, Houston, Tex. be represented at the hearing. ther notice of such hearing will be duly 77001, filed in Docket No. CP71-121 an G ordon M. Grant, given. application pursuant to section 7(c) of Secretary. Under the procedure herein provided the Natural Gas Act as implemented by [F.R. Doc. 70—14929; Filed, Nov. 4, 1970; for, unless otherwise advised, it will be § 157.7(b) of the regulations -for a 8:51 a.m.] unnecessary for Applicant to appear or budget-type certificate of public conven­ be represented at the hearing. ience and necessity authorizing applicant to construct and alter, during the calen­ [Docket No. CP71-120] G ordon., M. G rant, dar year 1971, and operate gas-purchase Secretary. facilities, all as more fully set forth in the SOUTHERN NATURAL GAS CO. [F.R. Doc: 70-14930; Filed, Nov. 4, 1970; application which is on file with the Notice of Application 8:51 a.m.] Commission and open to public inspection. October 29, 1970. Applicant states that the day to day Take notice that on October 22, 1970, [Docket No. CP71-118] operations on its system require Appli­ Southern Natural Gas Co. (applicant), NATURAL GAS PIPELINE COMPANY cant to construct, install, operate, alter Post Office Box 2563, Birmingham, Ala. OF AMERICA and relocate gas purchase facilities in 35202, filed in Docket No. CP71-120 an order to meet contractual requirements, application pursuant to section 7(b) of Notice of Application prevent drainage and possible loss of pro­ the Natural Gas Act for permission and ducer leases, acquire gas, and more eco­ approval to abandon certain measuring October 29, 1970. nomically operate its pipeline system. facilities located on its Lone Star-Lehigh Take notice that on October 20, 1970, Applicant states that the authorization Cement Branch Line in Jefferson County, Natural Gas Pipeline Company of requested herein will assure applicant of Ala., all as more fully set forth in the America (applicant), 122 South Michi­ necessary operating flexibility during the application which is on file with the Com­ gan Avenue, Chicago, 111. 60603, filed in calendar year 1971 and permit applicant mission and open to public inspection. Docket No. CP71-118 an application pur­ w> proceed promptly with the installation - Applicant states that said facilities suant to section 7(c) of the Natural Gas and operation of necessary facilities and have been used for the sale of gas to the Act for a certificate of public conven­ tne physical attachment and marketing Lehigh Portland Cement Co. (Lehigh) ience and necessity authorizing appli­ ot gas supplies from producers who have pursuant to a contract dated May 15, cant to construct and operate facilities been or will be authorized to sell to 1970. Lehigh has used the gas so pur­ for the receipt into its pipeline system Applicant. chased from applicant for firing kilns of supplies of natural gas purchased Applicant states that the total cost < used in connection with the manufacture from Warren Petroleum Corp. (Warren) zj® rawlities covered by this applicatic of cement in Lehigh’s plant at Tarrant, pursuant to a contract dated October 14, wui not exceed a maximum of $3 millic Ala. 1970, between applicant and Warren, all Applicant proposes to abandon the as more fully set forth in the application Of $750°0o7le Pr°ieC‘ WiU CXCeed a C° above-described facilities as a result of which is on file with the Commission mil1? 1561,8011 desiring to be heard or i Lehigh’s cancellation of the May 15,1970, and open to public inspection. aSS?,.i?y pr?test with reference to sai service contract. Applicant states that Specifically, applicant proposes to con­ b?Ploo ti1Q?rtS«?Uld on or before Noven service through these facilities was dis­ struct approximately 4.75 miles of 8-inch rSmmi1970, *He with the Federal Pow< continued on September 30, 1970. pipeline, a side tap connection on its ommission, Washington, D.C. 20426 Any person desiring to be heard or to existing transmission pipeline, a com­ corriiSS t0 i i ervene or a protest in a< make any protest with reference to said pressor station, two meter stations and Com mi c®- Wl,th the requirements of tl application should on or before Novem­ miscellaneous appurtenant facilities to ce

No. 216----- 7 FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17074 NOTICES Applicant states that it will compress 5,224 Mcf for its Concord Service Area suant to section 7(c) of the Natural Gas the gas for Warren for a charge of 2.4 and 218 Mcf for its Suncook Service Act and § 157.40 of the regulations there­ cents per Mcf which will be deducted Area, each sale being under petitioner’s under for a “small producer” certificate from applicant’s monthly payment to Rate Schedule GS-6. of public convenience and necessity au­ Warren for the residue gas. Petitioner states that it was also au­ thorizing the sale for resale and delivery Any person desiring to be heard or to thorized by the Commission’s orders of natural gas in interstate commerce make any protest with reference to said dated August 27, 1969, in Docket No. from areas for which just and reasonable application should on or before Novem­ CP69-222 (Phase II), and June 22, 1970, rates have been established, all as more ber 17, 1970, file with the Federal Power in Docket No. CP70-185, to, inter alia, fully set forth in the applications which Commission, Washington, D.C. 20426, a serve The Connecticut Gas Co. (Con­ are on file with the Commission and open petition to intervene or a protest in ac­ necticut Gas) a MDQ of 2,767 Mcf for to public inspection. cordance with the requirements of the its Wins ted Service Area under peti­ Any person desiring to be heard or to Commission’s rules of practice and pro­ tioner’s Rate Schedule GS-6, and 16,013 make any protest with reference to said cedure (18 CFR 1.8 or 1.10) and the regu­ Mcf for its Derby-Shelton Service Area applications, should on or before Novem­ lations under the Natural Gas Act (18 under petitioner’s Rate Schedule G-6. ber 23, 1970, file with the Federal Power CFR 157.10). All protests filed with the Petitioner states that both Concord Commission, Washington, D.C. 20426, Commission will be considered by it in Natural and Connecticut Gas now desire petitions to intervene or protests in ac­ determining the appropriate action to be a permanent reallocation of natural gas cordance with the requirements of the taken but will not serve to make the to the areas served, commencing with Commission’s rules of practice and pro­ Protestants parties to the proceeding. the 1970-71 winter season. Concord Nat­ cedure (18 CFR 1.8 or 1.10). All protests Any person wishing to become a party ural requests a transfer of 174 Mcf from filed with the Commission will be con­ to a proceeding or to participate as a the Concord Service Area to the Suncook sidered by it in determining the appro­ party in any hearing therein must file a Service Area. Following such transfer, priate action to be taken but will not petition to intervene in accordance with Concord Natural’s MDQ for the Concord serve to make the protestants parties to the Commission’s rules. Service Area would be 5,050 Mcf and its the proceeding. Persons wishing to be­ Take further notice that, pursuant to MDQ for the Suncook Service Area would come parties to a proceeding or to par­ the authority contained in and subject be 392 Mcf. There would be no increase ticipate as a party in any hearing therein to the jurisdiction conferred upon the in the total MDQ of Concord Natural. must file petitions to intervene in ac­ Federal Power Commission by sections 7 Connecticut Gas requests a transfer of cordance with the Commission’s rules. and 15 of the Natural Gas Act and the 454 Mcf from the Winsted Service Area Take further notice that, pursuant to Commission’s rules of practice and pro­ to the Derby-Shelton Service Area. Fol­ the authority contained in and subject cedure, a hearing will be held without lowing such transfer, Connecticut Gas’ to the jurisdiction conferred upon the further notice before the Commission on MDQ for the Winsted Service Area would Federal Power Commission by sections 7 this application if no petition to inter­ be 2,313 Mcf and its MDQ for the Derby- and 15 of the Natural Gas Act and the vene is filed within the time required Shelton Service Area would be 16,467 Commission’s rules of practice and pro­ herein, if the Commission on its own Mcf. There would be no increase in the cedure, a hearing will be held without review of the matter finds that a grant total MDQ of Connecticut Gas. further notice before the Commission on of the certificate is required by the pub­ Petitioner requests that the Commis­ all applications in which no petition to lic convenience and necessity. If a peti­ sion authorize this reallocation of nat­ intervene is filed within the time re­ tion for leave to intervene is timely filed, ural gas. quired herein if the Commission on its or if the Commission on its own motion Any person desiring to be heard or to own review of the matter believes that believes that a formal hearing is re­ make any protest with reference to said a grant of the certificates is required by quired, further notice of such hearing petition to amend should on or before the public convenience and necessity. will be duly given. November 17, 1970, file with the Fed­ Where a petition for leave to intervene Under the procedure herein provided eral Power Commission, Washington, is timely filed, or where the Commission for, unless otherwise advised, it will be D.C. 20426, a petition to intervene or a on its own motion believes that a formal unnecessary for Applicant to appear or protest in accordance with the require­ hearing is required, further notice of be represented at the hearing. ments of the Commission’s rules of prac­ tice and procedure (18 CFR 1.8 or 1.10) such hearing will be duly given. G ordon M. Grant, Under the procedure herein provided Secretary. and the regulations under the Natural Gas Act (18 CFR 157.10). All protests for, unless otherwise advised, it will be [P H. Doc. 70-14931; Piled, Nov. 4, 1970; filed with the Commission will be con­ unnecessary for applicants to appear or 8:51 am.] sidered by it in determining the appro­ be represented at the hearing. priate action to be taken but will not [Docket No. CP68-186 etc.] serve to make the protestants parties to Gordon M. G rant, the proceeding. Any person wishing to Secretary. TENNESSEE GAS PIPELINE CO. become a party to a proceeding or to par­ ticipate as a party in any hearing therein Docket Date Name of applicant Notice of Petition To Amend must file a petition to intervene in ac­ No. filed October 28, 1970. cordance with the Commission’s rules. CS7H3___10- 8-70 Ita Resources, Inc.. T2S Take notice that on October 21, 1970, G ordon M. G rant, stem United Life Bldg., Tennessee Gas Pipeline Co. (petitioner), Secretary. lland, Tex. 79701. Tenneco Building, Houston, Tex. 77002, C 871-14____10- 8-70 , Hartman, Post Office Box [F.R. Doc. 70-14853; Filed, Nov. 4, 1970; Wichita, Kans. 67201. filed in Dockets Nos. CP68-166, CP69-222 C871-15.... 10- 8-70 r Wllfconson, 204 Insurance 8:45 a.m.] lg., Wichita, Kans. 67202. (Phase ID, and CP70-185 a petition to C 871-16____10- 9-70 stain States Petroleum amend the Commission’s orders in said •p.. Post Office Box 1936, swell, N. Mex. 88201. . dockets so as to authorize a reallocation [Dockets Nos. CS71-13, etc.] , Resources, Inc., 1216 Eartr of natural gas sold to two of petitioner’s CS71-17____10- 6-70 1 Bldg., Dallas, Tex. 75201. WICHITA RESOURCES, INC., ET AL. . Bakke, doing business^ customers, all as more fully set forth in CS71-18____10- 7-70 E. Bakke Oil Co., e/o Henry the petition to amend which is on file Notice of Applications for “Small Sebesta, Jr., attorney, Sffite *00, Petroleum Center aw with the Commission and open to public Producer” Certificates 1 rtheast Loop Expressway inspection. i Antonio, Tex. 78209. Petitioner states that it was authorized October 28, 1970. 0871-19.__10-15-70 b Anderson, 600 Southwest by the Commission’s orders dated May 1, Take notice that each of the applicants wer, Houston, Tex. 77002. 1968, in Docket No. CP68-166, and Au­ listed herein has filed an application pur- C871-20___10-15-70 gust 27, 1969, in Docket No. CP69-222 (Phase II) to, inter alia, serve Concord 1 This notice does not provide for consoli­ Natural Gas Co. (Concord Natural) a dation for bearing of the several matters [F.R. Doc. 70-14854; Filed, Nov. 4, «70; maximum daily quantify (MDQ) of covered herein. 8:46 am.] FEDERAL REGISTER, VOL 35, NO. 216—THURSDAY, NOVEMBER 5, 1970 NOTICES 17075 [Dockets Nos. RP70-29, RP71-12] It also appears appropriate under the RP70-29 and RP71-12, Texas Eastern Trans­ circumstances to consolidate the pro­ mission Corp. hereby agrees and undertakes TEXAS EASTERN TRANSMISSION ceedings in Dockets Nos. RP70-29 and to comply with the terms and conditions of CORP. said order and has caused this agreement RP71-12. and undertaking to be executed and sealed Order Suspending Proposed Substitute The Commission finds: in its name by its officer, thereupon duly au­ Tariff Sheets and Consolidating (1) Good cause exists for waiving thorized in accordance with the terms of § 154.66 (b) of the Commission’s regu- the resolution of its Board of Directors, a Proceedings tions to permit the filing of the proposed certified copy of which is appended hereto October 26, 1970. substitute tariff sheets. t h is __ *_day o f ______1970. Texas Eastern Transmission Corp. (2) The motion of Texas Eastern to T exas Eastern T ransmission (Texas Eastern) on September 29, 1970, allow the proposed substitute tariff Corp. filed a petition requesting authorization sheets filed on October 1, 1970, is in sat­ By — ------to use liberalized depreciation with nor­ isfactory compliance with section 4(e) Attest : malization for accounting and rate pur­ of the Natural Gas Act, and the in­ poses on all utility property effective creased rates should become effective as (E) Unless notified to the contrary by November 1, 1970. This petition was as­ of November 1, 1970, subject to the con­ the Secretary of this Commission within signed Docket No. RP71-12; it was not ditions hereinafter set forth. 30 days from the date of filing, such accompanied by revised tariff sheets. The Commission orders: agreement and undertaking shall be On October 1, 1970, Texas Eastern (A) The provisions of § 154.66(b) of deemed to be satisfactory and to have filed tariff sheets which it proposes to the Commission’s regulations under the been accepted for filing. substitute in place of those tariff sheets Natural Gas Act are waived in order to CF) If Texas Eastern in conformity filed op April 16, 1970, in Docket No. permit the filing of the substitute tariff with the terms and conditions of para­ RP70-29, which were suspended until No­ sheets tendered by Texas Eastern on Oc­ graph (C) of this order makes the re­ vember 1, 1970.1 The proposed substitute tober 1, 1970* funds, if any, as required by order of sheets would reduce by $4,303,586 Texas (B) Texas Eastern, subject to further the Commission, the undertaking shall Eastern’s current $60,150,000 rate in­ orders of the Commission, shall charge be discharged; otherwise, it shall remain crease pending in Docket No. RP70-29, and collect the increased rates and in full force and effect. effective on November 1, 1970. The charges set forth in the above-described (G) The proceedings in Dockets Nos. $4,303,586 reduction reflects the increase substitute tariff sheets for all gas sold RP70-29 and RP71-12 are consolidated resulting from the use of liberalized de­ and delivered under the rate schedules for hearing and decision. preciation with normalization, the reduc­ contained therein on or after Novem­ tion resulting from expiration of the ber 1, 1970. By the Commission. (C) Texas Eastern shall refund at Federal income tax surcharge, and the [seal] K enneth F, P lumb, reduction in the cost of gas purchased such times and in such manner as may Acting Secretary. from Southern Natural Gas Co., Texas be required by final order of the Com­ Gas Transmission Corp. and United Gas mission, the portion of the increased [F.R. Doc. 70-14927; Filed, Nov. 4, 1970; Pipe Line Co. rates and charges found by the Commis­ 8:51 a.m.l Texas Eastern states that it has re­ sion in this proceeding not justified, to­ flected the normalization method of ac­ gether with interest at the rate of 7.5 counting for rate and tax purposes with percent per annum from the date of pay­ respect to its post-1969 expansion prop­ ment to Texas Eastern until refunded; FEDERAL RESERVE SYSTEM erty pursuant to the provisions of the shall bear all cost of any such refunding; SHAWMUT ASSOCIATION, INC. Tax Reform Act of 1969, and the Com­ shall keep accurate accounts in detail of mission’s Order No. 404 and the rationale all amounts received by reason of the Order Approving Acquisition of Bank underlying the Commission decision in increased rates or charges effective as Stock by Bank Holding Company Texas Gas Transmission Corp., Opinion of November 1, 1970, for each billing No. 578 (June 3,1970). period, and shall report (original and In the matter of the application of one copy) in writing and under oath, to Shawmut Association, Inc., Boston, In order to coincide with the proposed Mass., for approval of acquisition of up effective date in Docket No. RP70-29, the Commission monthly, for each bill­ ing period, by customer, the billing de­ to 100 percent of the voting shares (less Texas Eastern requests that the proposed directors’ qualifying shares) of The substitute tariff sheets be made effective terminants of natural gas sold and de­ livered under the above-described Framingham National Bank, Framing­ on November 1, 1970, subject to refund. ham, Mass. Texas Eastern requests waiver of the substitute tariff sheets, and the revenues provision of section 154.66 of the Com­ resulting therefrom as computed under There has come before the Board of mission’s regulations under the Natural the rates in effect immediately prior to Governors, pursuant to section 3(a)(3) Gas Act and such other waiver as may November 1, 1970, and under the rates of the Bank Holding Company Act of be necessary to permit the proposed sub­ and charges declared by this order to 1956 (12 U.S.C. 1842(a)(3)) and §222.3 stitute tariff sheets to become effective have become effective, together with the (a) of Federal Reserve Regulation Y (12 November 1, 1970. differences in the revenues so computed. CFR 222.3 (a)), an application by Shaw­ (D) Within 15 days from the date of mut Association, Inc., Boston, Mass. (Ap­ The proposed substitute tariff sheets an issuance of this order, Texas Eastern plicant) , a registered bank holding com­ as rollows: Second Revised Volume No. 1- shall execute and file with the Secretary pany, for the Board’s prior approval of Substitute First Revised Sheet No. 10-B of the Commission its written agreement the acquisition of up to 100 percent of substitute Fourth Revised Sheets Nos. 25, 57 and undertaking to comply with the the voting shares (less directors’ qualify­ in!» : ®u^ itute Seventh Revised Sheet No terms of paragraph (C) above, signed by ing shares) of The Framingham Na­ a: Substitute Eighth Revised Sheets Nos a responsible officer of the corporation, tional Bank, Framingham, Mass. kL o 6 o i Substttute Ninth Revised Shee (Bank). Nn« ik"Substitute Eleventh Revised Sheeti evidenced by proper authority from the 2Jj 22. 28—A, 31, 37, 38, 44-B, 47, 53 board of directors, and accompanied by As required by section 3(b) of the Act, 7 'q Substitute Twelfth Revised Sheets Nos a certificate showing service of copies the Board gave written notice of receipt Sh olto xr 11 « Substitute Fourteenth Revisec thereof upon all purchasers under the of the application to the Comptroller of ^ 65~H; Substitute Fifteen« rate schedules as follows: the Currency, and requested his views ^ b e e ts Nos. 14, 16, 17, 19, 23, 30, 32 Agreem ent and U ndertaking o f T exas East­ and recommendation. The Comptroller 39’ 41 * 44> 46, 48, 49, 51, 55, 65-B, 65-F offered no objection to approval of the 56 S £ l ^ teenth Revised Sheets Nos. 27 ern T ransmission Corporation, to Co m ­ No Seventeenth Revised Sheei pl y W it h t h e T erm s and C o n d itio ns of application. No si • S"bstitute Eighteenth Revised Sheei t h e Order I ssued by t h e F ederal P ower Notice of receipt of the application SecoS’ S i * 1™1 Volume No. 2—Substitute Co m m is sio n , D ockets No s. RP70-29 and was published in the F ederal R egister RP71-12, o n ...... Sheet No- 241J Substitute on August 27, 1970 (35 F.R. 13673), pro­ In conformity with the requirements of viding an opportunity for interested per­ the order issued______in Dockets Nos. sons to submit comments and views with

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17076 NOTICES respect to the proposal. A copy of the ap­ tors, as they relate to Applicant, its Section 3(c) further provides that, in plication was forwarded to the U.S. De­ subsidiaries, and Bank are regarded as every case, the Board shall take into partment of Justice for its consideration. consistent with approval. Applicant pro­ consideration the financial and man­ Time for filing comments and views has posed to expand many of Bank’s present agerial resources and future prospects of expired and all those received have been services, to make international services the company or companies and the banks considered by the Board. available through Applicant’s principal concerned, and the convenience and The Board has considered the applica­ bank in Boston, and to assist Bank in needs of the community to be served. tion in the light of the factors set forth meeting larger credit needs through par­ Not later than thirty (30) days after in section 3(c) of the Act, including the ticipations with Applicant’s subsidiary the publication of this notice in the effect of the proposed acquisition on banks; these considerations provide some F ederal R egister, comments and views competition, the financial and mana­ weight in support of approval of the regarding the proposed acquisition may gerial resources and future prospects of application. It is the Board’s judgment be filed with the Board. Communica­ the Applicant and the banks concerned, that consummation of the proposed ac­ tions should be addressed to the Secre­ and the convenience and needs of the quisition would be in the public interest, tary, Board of Governors of the Federal communities to be served. Upon such and that the application should be Reserve System, Washington, D.C. 20551. consideration, the Board finds that: approved. The application may be inspected at the Applicant, the largest bank holding It is hereby ordered, On the basis of office of the Board of Governors or the company and second largest banking or­ the findings summarized above, that said Federal Reserve Bank of Atlanta. ganization in Massachusetts, has 11 sub­ application be and hereby is approved: sidiary banks with $1.2 billion in depos­ Provided, That the acquisition so ap­ By order of the Board of Governors, its, which represents 12.7 percent of the proved shall not be consummated (a) October 30, 1970. total deposits of all commercial banks in before the 30th calendar day following [ seal] K enneth A. Kenyon, the State. (All banking data are as of the date of this Order or (b) later than Deputy Secretary. December 31, 1969, adjusted to reflect 3 months after the date of this Order, [F.R. Doc. 70-14859; Filed, Nov. 4, 1970; holding company formations and acqui­ unless such period is extended for good 8:46 ajn.] sitions approved by the Board to date.) cause by the Board, or by the Federal In the Boston Standard Metropolitan Reserve Bank of Boston pursuant to del­ Statistical Area, as in the State, Appli­ egated authority. COLORADO CNB BANKSHARES, INC. cant is the second largest banking or­ ganization, holding 15 percent of the By order of the Board of Governors,1 Order Approving Acquisition of Bank area’s deposits; the largest and third October 29,1970. Stock by Bank Holding Company largest banking organizations in the [seal] K enneth A. K enyon, In the matter of the application of Boston area, both independent banks, Deputy Secretary. Colorado CNB Bankshares, Inc., Denver, hold 33 and 12 percent of the area’s de­ [F.R. Doc. 70-14858; Filed, Nov. 4, 1970; Colo., for approval of acquisition of at posits, respectively. 8:46 a.m.] least 80 percent of the voting shares of Bank (deposits $28.7 million) has Arapahoe Colorado National Bank, seven offices, all of which are located in Arapahoe County, Colo., a proposed new the Framingham area, 21 miles west of PAN AMERICAN BANCSHARES, INC. bank. Boston, and primarily serves that area; There has come before the Board of it is less than one-half as large as the Notice of Application for Approval of Governors, pursuant to section 3(a)(3) only other bank located in Framingham. Acquisition of Shares of Bank of the Bank Holding Company Act of The closest offices of Applicant’s subsid­ Notice is hereby given that appli­ 1956 (12 UJS.C. 1842(a)(3)) and § 222.3 iary banks are 7 miles from any office of cation has been made, pursuant to (a) of Federal Reserve Regulation Y (12 Bank; there is no significant competition section 3(a)(3) of the Bank Holding CFR 222.3(a)), an application by Colo­ between those subsidiaries and Bank, Company Act of 1956 (12 U.S.C. 1842 rado CNB Bankshares, Inc., Denver, primarily because of the presence of (a) (3)), by Pan American Bancshares, Colo., a registered bank holding com­ competing banks in the intervening Inc., which is a bank holding company pany, for the Board’s prior approval of areas. Applicant’s largest subsidiary, The located in Miami, Fla., for prior approval the acquisition of at least 80 percent of National Shawmut Bank of Boston, does by the Board of Governors of the ac­ the voting shares of Arapahoe Colorado derive some business from the Framing­ quisition by Applicant of at least 80 National Bank, Arapahoe County, Colo., ham area. However, part of this business percent of the voting shares of First a proposed new bank. is represented by accounts of companies Bank of Plantation, Plantation, Fla. with banking needs which Bank could As required by section 3(b) of the Act, not meet, and for which it is not com­ Section 3(c) of the Act provides that tiie Board notified the Comptroller of petitive, and the remainder consists of the Board shall not approve: the Currency of receipt of the applica­ accounts of persons who commute from (1) Any acquisition or merger or con­ tion and requested his views and recom­ Framingham to Boston. Although con­ solidation under section 3 which would mendation. The Comptroller recom­ summation of the proposal would elimi­ result in a monopoly, or which would be mended approval of the application. nate a banking alternative for these in furtherance of any combination or Notice of receipt of the application was commuters, the significance of this fact conspiracy to monopolize or to attempt published in the F ederal R egister on is minimized by the large number of al­ to monopolize the business^ of banking July 30, 1970 (35 F.R. 12240), which pro­ ternatives available to such commuters in any part of the United States, or vided an opportunity for interested per­ in Boston. In addition, by breaking a (2) Any other proposed acquisition or sons to submit comments and views with close relationship that presently exists merger or consolidation under section 3 respect to the proposed transaction. A among Bank and other financial institu­ whose effect in any section of the coun­ copy of the application was forwarded tions in Framingham, competition would try may be substantially to lessen com­ to the U.S. Department of Justice for its be increased in that area, since Bank petition, or to tend to create a monopoly, consideration. The time for filing com­ would represent a competitive force in or which in any other manner would be ments and views has expired and all the area separate from its immediate in restraint of trade, unless the Board those received have been considered by competitors. It does not appear that sig­ finds that the anticompetitive effects of the Board. nificant competition would be eliminated, the proposed transaction are clearly out­ It is hereby ordered, For the reasons or significant potential competition fore­ weighed in the public interest by the set forth in the Board’s statement1 of closed by consummation of Applicant's probable effect of the transaction in proposal, or that there would be undue meeting the convenience and needs of 1 Filed as part of the original document. the community to be served. Copies available upon request to the Board adverse effects on any other bank. of Governors of the Federal Reserve System, Based upon the foregoing, the Board Washington, D.C. 20551, or to the Federal concludes that consummation of the pro­ * Voting for this action: Chairman Burns Reserve Bank of Kansas City. Dissenting posed acquisition would not have sig­ and Governors Mitchell, Malsel, Brimmer, Statement of Governor Robertson filed as nificant adverse effects on competition and Sherrill. Absent and not voting: Gov­ part of the original document and available in any relevant area. The banking fac­ ernors Robertson and Daane. upon request. FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1920 NOTICES 17077 this date, that said application be and Copies of the letter of Reference are hereby is approved: Provided, That the available on request to the undersigned. INTERAGENCY TEXTILE acquisition so approved shall not be con­ W illiam A. B ullard, summated (a) before the 30th calendar Secretary, United States Sec­ ADMINISTRATIVE COMMITTEE day following the date of this order or tion, International Joint Com­ mission, Washington, D.C. CERTAIN COTTON TEXTILE PRODUCTS (b) later than 3 months after the date of 20440. PRODUCED OR MANUFACTURED this order: And provided further, That D. G. Chance, IN THE SOCIALIST REPUBLIC OF (c) Arapahoe Colorado National Bank Secretary, Canadian Section, ROMANIA shall be opened for business not later International Joint Commis­ sion, Room 850, 151 Slater Entry or Withdrawal From Warehouse than 6 months after the date of this or­ for Consumption der. The periods described in (b) and (c) Street, Ottawa 4, Ontario. hereof may be extended for good cause October 29, 1970. ' N ovember 2, 1970. by the Board or by the Federal Reserve [F.R. Doc. 70-14921; Filed, Nov. 4, 1970; On October 28, 1970, the U.S. Govern­ 8:51 a.m.] ment, in furtherance of the objectives of, Bank of Kansas City pursuant to dele­ and under the terms of, the Long-Term gated authority. Arrangement Regarding International By order of the Board of Governors,2 Trade in Cotton Textiles done at INTERIM COMPLIANCE PANEL Geneva on February 9, 1962, including October 29, 1970. Article 6(c) thereof relating to non­ [seal] K enneth A. K enyon, participants, informed the Socialist Re­ Deputy Secretary. (COAL MINE HEALTH AND public of Romania that it was renewing [F.R. Doc. 70-14857; Filed, Nov. 4, 1970; SAFETY) for an additional 12-month period be­ 8:46 a.m.] ginning October 31, 1970, and extending BROWNIES CREEK COLLIERIES, INC., through October 30, 1971, the restraint on imports into the United States of AND VALLEY CAMP CO. cotton textile products in Category 63, Applications for Renewal Permits; produced or manufactured in Romania. INTERNATIONAL JOINT COMMIS­ Notice of Opportunity for Public Pursuant to Annex B, paragraph 2, of the Long-Term Arrangement the level SION— UNITED STATES AND Hearing of restraint for this 12-month period is Applications for Renewal Permits for .5 percent greater than the level of re­ CANADA Noncompliance with the Interim Man­ straint applicable to Category 63 for the datory Dust Standard (3.0 mg./m.3) have preceding 12-month period. PRESERVATION OF THE been accepted for consideration as There is published below a letter of AMERICAN FALLS follows: October 30, 1970, from the Chairman of (1) ICP Docket No. 10200, Brownies the President’s Cabinet Textile Advisory Public Notice Creek Collieries, Inc., Mason No. 2 Mine, Committee to the Commissioner The International Joint Commission USBM ID No. 15 00225 0, Balkan, Bell, Customs, directing that the amount of Ky., Section ID No. 003 (Main Headings). cotton textile products in Category 63, announces that the Governments of produced or manufactured in Romania, Canada and the United States have re­ (2) ICP Docket No. 10445, The Valley Camp Coal Co., Valley Camp No. 1 Mine, which may be entered or withdrawn quested the Commission to extend its USBM ID No. 46 01483 0, Short Creek, from warehouse for consumption in the current investigation of measures neces­ Ohio, W. Va., Section ID No. 001 (2 No. United States for the 12-month period sary to preserve or enhance the beauty Off West Mains), Section ID No. 013 beginning October 31, 1970, be limited of the American Falls at Niagara, which (East Mains), Section ID No. 002 (2 Rt. to the designated level. it has been conducting pursuant to the Off 2 No. (Right Side)), Section ID No. S tanley N ehmer, Reference of the two Governments dated 011 (2 So. Off East Mains (Right Side)), Chairman, Interagency Textile Section ID No. 014 (3 So. Off East Mains Administrative Committee March 31, 1967, to the following ques­ and Deputy Assistant Secre­ tions: (Right Side)). In accordance with the provisions of tary for Resources. (1) Are the immediate areas of the section 202(b) (4) of the Federal Coal Secretary of Commerce American Falls and of the Goat Island Mine Health and Safety Act of 1969 (83 president’s cabinet textile advisory Flank of the Horseshoe Falls endangered Stat. 742, et seq., Public Law 91-173), no­ COMMITTEE by the possibility of erosion and other tice is hereby given that requests for pub­ Commissioner of Cu stom s, geological conditions? lic hearing as to an application for re­ Department of the Treasury, (2) If so, what measures are feasible newal may be filed within 15 days after Washington, D.C. 20226. publication of this notice. Requests for October 30, 1970. and desirable to protect these areas, in public hearing must be completed in ac­ Dear Mr . Commissioner : Under the terms order to eliminate any hazard to persons cordance with 30 CFR, Part 505 (35 F.R. of the Long-Term Arrangement Regarding or property or to the scenic beauty in 11296, July 15, 1970), copies of which International Trade in Cotton Textiles done the region? may be obtained from the Panel on at Geneva on February 9, 1962, including Article 6(c) thereof relating to nonpartici­ The Commission has been asked to request. pants, and in accordance with the procedures determine the specific costs involved in A copy of the application is available outlined in Executive Order 11052 of Septem­ the carrying out of the work and con­ for inspection and requests for public ber 28, 1962, as amended by Executive Order hearing may be filed in the office of the 11214 of April 7, 1965, you are directed to struction under this extension of the Correspondence Control Officer, Interim prohibit, effective October 31, 1970, and for 1967 Reference, and to include these the 12-month period extending through Compliance Panel, Suite 800, 1730 K October 30, 1971, entry into the United States costs in the costs that it will be allocat­ Street NW., Washington, D.C. 20006. for consumption and withdrawal from ware­ ing to the United States under the terms house for consumption of cotton textile of the 1967 Reference. G eorge A. H ornbeck, products in Category 63, produced or manu­ Chairman, factured in Romania, in excess of a level of Interim Compliance Panel. restraint for the period of 210,000 pounds. Qr, ,V°tlng for this action: Chairman Burns In carrying out this directive, entries of aud. Governors Mitchell, Daane, Maisel, Brim- October 31, 1970. cotton textile products in Category 63, pro­ Govk™ d ^ le5ri11- Voting against this action: [F.R. Doc. 70-14860; Filed, Nov. 4, 1970; duced or manufactured in Romania, which wvemor Robertson. 8:46 a.m.] have been exported to the United States from

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17078 NOTICES

Romania prior to October 31, 1970, shall, to [File No. 1-3421] the extent of any unfilled balance, be closed-end diversified investment com­ CONTINENTAL VENDING MACHINE pany registered under the Investment charged against the level of restraint estab­ Company Act of 1940 (Act), has filed an lished for such goods during the period CORP. October 31, 1969, through October 30, 1970. application pursuant to section 8(f) of In the event that the level of restraint estab­ Order Suspending Trading the Act for an order of the Commission lished for such goods for that period has declaring that Applicant has ceased to be been exhausted by previous entries, such October 30, 1970. an investment company. All interested goods shall be subject to the directives set It appearing to the Securities and Ex­ persons are referred to the application forth in this letter. on file with the Commission for a state­ A detailed description of Category 63 in change Commission that the summary terms of T.S.U.S.A. numbers was published suspension of trading in the common ment of the representations contained in the F ederal R egister on January 17, 1968 stock, 10-cent par value of Continental therein which are summarized below. (33 F.R. 582) and amendments thereto on Vending Machine Corp., and the 6 per­ Applicant was organized on July 18, March 15, 1968 (33 F.R. 4600). cent convertible subordinated deben­ 1891, under the laws of the State of Illi­ In carrying out the above directions, entry tures due September 1,1976, being traded nois, and registered under the Act on into the United States for consumption shall otherwise than on a national securities October 25, 1967. Applicant was merged be construed to include entry for consump­ exchange is required in- the public in­ into Baldwin Piano & Organ Co., an Ohio tion into the Commonwealth of Puerto corporation, on December 31, 1969. The Rico. terest and for the protection of investors; The actions taken with respect to the It is ordered, Pursuant to section 15(c) latter corporation is a wholly owned sub­ Government of the Socialist Republic of (5) of the Securities Exchange Act of sidiary of D. H. Baldwin Co., also an Ohio Romania and with respect to imports of 1934, that trading in such securities corporation. Applicant represents that cotton textiles and cotton textile products otherwise than on a national securities both Baldwin Piano & Organ Co. and from Romania have been determined by the exchange be summarily suspended, this D. H. Baldwin Co. are primarily engaged President’s Cabinet Textile Advisory Com­ order to be effective for the period No­ in businesses other than that of invest­ mittee to involve foreign affairs functions vember 2, 1970, through November 11, ing, reinvesting, owning, holding, or of the United States. Therefore, the directions trading in securities. to the Commissioner of Customs being neces­ 1970, both dates inclusive. sary to the implementation of such actions, Section 3(b) (1) of the Act excludes fall within the foreign affairs exception to By the Commission. from the definition of an investment the notice provisions of 5 U.S.C. 553 (Supp. [seal] Orval L. DuBois, company any issuer primarily engaged V. 1965-69). This letter will be published in Secretary. in a business or businesses other than the F ederal R egister. that of investing, reinvesting, owning, Sincerely yours, [F.R. Doe. 70-14863; Filed, Nov,-4, 1970; holding, or trading in securities. 8:46 a.m.j Maurice H. S ta n s, Section 8(f) of the Act provides that Secretary of Commerce, Chairman, when the Commission, upon application, President’s Cabinet Textile Ad- _, [File No. 500-1] finds that a registered investment com­ visory Committee. pany has ceased to be an investment [F.R. Doc. 70-14943; J ^ d , Nov. 4, 1970; PICTURE ISLAND COMPUTER CORP. company, it shall so declare by order, and . -'5:52 a.m.] that upon the effectiveness of such order, Order Suspending Trading the registration of such company shall October 30, 1970. lease to be in effect. It appearing to the Securities and Ex­ Notice is further given that any in­ SECURITIES AND EXCHANGE change Commission that the summary vested person may, not later than No­ suspension of trading in the common vember 19, 1970, at 5:30 pan., submit to stock of Picture Island Computer Corp. ;he Commission in writing a request for COMMISSION (a New York corporation), and all other i hearing on the matter accompanied by [File No. 500—1] securities of Picture Island Computer i statement as to the nature of his in­ v est, the reason for such request and AART COMMUNICATIONS CORP., Corp. being traded otherwise than on a national securities exchange is required ;he issues, if any, of fact or law proposed INC. in the public interest and for the pro­ ;o be controverted, or he may request Order Suspending Trading tection of investors; ;hat he be notified if the Commission It is ordered, Pursuant to section jhould order a hearing thereon. Any such October 29, 1970. 15(c) (5) of the Securities Exchange Act jommunication should be addressed. It appearing to the Securities and Ex­ of 1934, that trading in such securities Secretary, Securities and Exchange Com- change Commission that the summary otherwise than on a national securities nission, Washington, D.C. 20549. A copy suspension of trading' in the common exchange be summarily suspended, this yi such request shall be served personally stock of AART Communications Corp., order to be effective for the period No­ >r by mail (airmail if the person being Inc. (a Colorado corporation), and all vember 2, 1970, through November 11, served is located more than 500 miles other securities of AART Communica­ 1970 both dates inclusive. from the point of mailing) upon the Ap­ tions Corp., Inc., being traded other­ plicant at the address stated above. Proof wise than on a national securities ex­ By the Commission. >f such service (by affidavit or in case of change is required in the public interest [seal] Orval L. D uB ois, m attorney at law by certificate) shall oe and for the protection of investors; Secretary. filed contemporaneously with the re- juest. At any time after said date, as It is ordered, Pursuant to section 15(c) [F.R. Doc. 70-14864; Filed, Nov. 4, 1970; (5) of the Securities Exchange Act of provided by Rule 0-5 of the rules and 8:46 a.m.] regulations promulgated under the acl, 1934, that trading in such securities an order disposing of the application otherwise than on a national securi­ [811-1552] Herein may be issued by the Commission ties exchange be summarily suspended, upon the basis of the information stated this order to be effective for the period BOWFUND CORP. in said application, unless an order for October 30, 1970, through November 8, Notice of Filing of Application Declar­ Hearing upon said application shall ^ 1970, both dates inclusive. issued upon request or upon the Com ing That Company Has Ceased To mission’s own motion. Persons w By the Commission. Be an Investment Company guest a hearing or advice as to whether [ seal] Orval L. D uB ois, October 29, 1970. a hearing is ordered will Secretary. of further developments in this matter, Notice is hereby given that Bowfund including the date of the heanng i [F.R. Doe. 70-14862; Filed, Nov. 4, 1970; Corp. (applicant), 188 West Randolph dered) and any postponements thereoi. 8:46 ajn.J Street, Chicago, HI. 60601, a management

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17079 For the Commission, by the Division of The notes will be due in 20 equal in- istered holding company, and its public- Corporate Regulation, pursuant to dele- stallments on October 1 of each of the utility subsidiary company, Michigan gated authority. years 1976 to 1996. Upon the acquisition Power Co. (MPC), formerly known as n , TWRoiq °f the common stock, LNG Corp. will Michigan Gas and Electric Co., have filed [seal] ^ d ^ and Rules 41 request should be served personally or to reissue, from time to time prior to S’a™iiAPhipV?“Í S i S S o ? by mail (airmail if the person being June 30, 1969, its notes to National, out- t0f ^ Pr°P°sed transac- geryed ig located more than 500 miles standing in the amount of $2,950,000 tions. All interested persons are referred from the point of mailing) upon the and to issue and reissue, from time to applicants-declarants at the above- time prior to June 30, 1969, additional t ^ 1 stated address, and proof of service (by notes to National in an aggregate amount ThJ o affidavit or, in case of an attorney at not to exceed $650,000 outstanding at any nrSSnS A? rvSi transf ctl0RS relate to a law by certificate) should be filed with one time. The notes were to mature on or of^Ttmnivl í f í m n í the request. At any time after said date, Prior to June 30, 1969. The first supple- sourS /a^P™w- A f ^ t lt the application-declaration, as filed or mental order also authorized AEP to bi^thrn^h t wnfn h Program, Colum- ag it may be amended> may be granted make open account advances to MPC, two •’ hai ®nt®red 1Rto and permitted to become effective, as from time to time during the same pe- tion on?nIíífipH «i- 1Vi S the impo,rta" provided in Rule 23 of the general rules riod, not to exceed $7,500,000 outstand- aDDroLmq^ v d79s non l/rgi S’ aggrega^ ng and regulations promulgated under the ing at any one time. Such advances were DrooiSri^w S w ? Mci P?!r f y-iXt 18 Act, or the Commission may grant ex- to be repaid on or before June 30, 1969, marhfp?i?rp‘ wdl deVelop a emption from such rules as provided in except that, unless otherwise authorized and r.eceiptf storage, Ruleg 20(a) and 100 thereof, or take by the Commission, such repayment was tbe imported liqui- guch other action ag it may deem appro_ not to be made before the outstanding mile n i S f ! ? WlU cpns+truct aI? 8?“ priate. Persons who request a hearing or preferred stock of MPC was retired. By Louden?fSJni such termmal to advice as to whether a hearing is ordered, a second supplemental order dated gas to nnntvior' r 1970= prior to December 31, 1969. By a third Total ______i4n nno nnn ' supplemental order dated December 16, It is r 1969 [Holding Company Act Release No. Seated capital* total in- [70-4538] 16559), the Commission granted authori­ a l need $15 0 0 MICHIGAN POWER CO. AND AMERI- zation for an extension from Decem- in«tents 1971 cSnmh- In nrriPr°?Aln t0 meet 197i these $4’500’000 re^uire- CAN ELECTRICfcLfcCIKIL POWERrUWtR COCO., INCINC. ber^ time 31» 1969> which December Mpc may 31, iggue 1970, and of acquire in 107^ Proposes to Notice of Posteffective Amendment sell its notes to National and of the time corp. common stork Í LNG Regarding Issue and Sale of Notes f°r repayment of the open account ad- share, and n«9s aaa par value Per tn Rank hv Suhcirlinru r ftmn„ nu vanees from AEP: Provided, That the bailment nrnm?«A° of Corpi in- 1 JB o k byAS b ; JX C p "Y advances wifi not be repaid before the 81,000 of ^ T ry notes’ and in 1971, and Op®n Account Advances by preferred stock of MPC has been retired s«ch notes and $2>475>000 of Holding Company The notes to National will mature on or c°rp. will' bPav lnlent n ?,te s °f LNG October 28 1970 prior to December 31, 1970. The third issuance at a on ^be date of . supplemental order also authorized an money to CniiimK- based on a cosf of No^lce 1S hereby given that American increase Df the amount of the open ac- most recent * ln ,resPect of its Hectric Power Co., Inc. (AEP), 2 Broad- count advances from AEP to MPC from saies of senior debentures, way, New York, N.Y. 10004, a reg- $7,500,000 to $8,500,000. FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17080 NOTICES The fourth posteffective amendment amended, may be permitted to become Securities and Exchange Commission, requests authorization for an extension effective as provided in Rule 23 of the Washington, D.C. 20549. A copy of such from December 31,1970, to December 31, general rules and regulations promul­ request should be served personally or 1971, of the time in which MPC may gated under the Act, or the Commission by mail (airmail if the person being issue and sell its notes to National and of may grant exemption from such rules as served is located more than 500 miles the time for repayment of the open ac­ provided in Rules 20(a) and 100 thereof from the point of mailing) ufron the count advances from AEP, provided that or take such other action as it may deem declarant at the above-stated address, the advances will not be repaid before appropriate. Persons who request a hear­ and proof of service (by affidavit or, in the preferred stock of MPC has been re­ ing or advice as to whether a hearing is case of an attorney at law, by certificate) tired. The notes to National will mature ordered will receive notice of further de­ should be filed with the request. At any on or prior to December 31,1971, will bear velopments in this matter, including the time after said date, the declaration, as interest at the prime rate in effect from date of the hearing (if ordered) and any filed or as it may be amended, may be time to time at National, and will be pre­ postponements thereof. permitted to become effective as provided payable, in whole or in part, at any time For the Commission, by the Division in Rule 23 of the general rules and regu­ by MPC, without premium or penalty. of Corporate Regulation, pursuant to lations promulgated under the Act, or It is also requested that the authoriza­ the Commission may grant exemption tion of the amount of the notes outstand­ delegated authority. from such rules as provided in Rules 20 ing at any one time be increased from [SEAL] ORVAL L . DUBOIS, (a) and 100 thereof or take such other $2,950,000 to $4 million and the author­ Secretary. action as it may deem appropriate. Per­ ization of the amount of the open ac­ [F.R. ©Oc. 70-14867; FUed, Nov. 4, 197Ç; sons who request a hearing or advice as count advances from AEP to MPC be in­ 8:47 a.m.] to whether a hearing is ordered will re­ creased to $10 million. ceive notice of further developments in The proceeds from the proposed issue [70-4939] this matter, including the date of the and sale of notes and from the proposed hearing (if ordered) and any postpone­ open account advances will be used by MISSISSIPPI POWER & LIGHT CO. ments thereof. MPC in connection with its construction Notice of Proposed Transfer From For the Commission, by the Division of program, which for the last quarter of Retained Earnings Account To Corporate Regulation, pursuant to dele­ 1970 and for the year 1971 is expected to gated authority. amount to approximately $4 million, to Common Stock Capital Account repay bank loans the proceeds of which [seal] Orval L. D uBois, October 30, 1970. Secretary. were used in connection with past ex­ Notice is hereby given that Mississippi penditures in connection with MPC’s Power & Light Co. (MP&L), Post Office [F.R. Doc. 70-14868; Filed, Nov. 4, 1970; construction program, and for other cor­ Box 1640, Jackson, Miss. 39205, an elec­ 8:47 a.m.] porate purposes. It is proposed that the tric utility subsidiary company of Middle open-account advances will be repaid South Utilities, Inc., a registered holding [70-4938] with a portion of the proceeds to be real­ company, has filed a declaration with this ized by MPC in connection with the di­ Commission pursuant to the Public OHIO POWER CO. vestment by MPC of its gas assets and Utility Holding Company Act of 1935 that the bank loans will be repaid from Notice of Proposed Issue and Sale of (Act), designating sections 6(a) and 7 of First Mortgage Bonds at Competi­ internal cash sources or the issuance of the Act as applicable to the proposed such securities by MPC as the Commis­ transaction. All interested persons are re­ tive Bidding sion may authorize. It is stated that the ferred to the declaration, which is sum- October 29, 1970. authorization is required because of the arized below, for a complete statement Notice is hereby given that Ohio Power termination of the proposed sale of of the proposed transaction. Co. (Ohio), an electric.utility subsidiary MPC’s gas assets to a new subsidiary MP&L proposes to transfer from the company of American Electric Power Co., company of Michigan Gas Utilities Co. retained earnings account to the com­ Inc. (AEP), 301 Cleveland Avenue SW., (MGU), a nonassociated gas utility mon stock capital account the sum of Canton, Ohio 44701, a registered holding company. $3,100,000—the equivalent of $1 for each company, has filed an application with No fees or commissions are to be in­ of the 3,100,000 shares of common stock, this Commission pursuant to the Public curred in connection with the proposed no par value, now outstanding. At Au­ Utility Holding Company Act of 1935 transactions and no State commission gust 31, 1970, common stock capital and (Act), designating section 6(b) of the or Federal commission, other than this retained earnings of MP&L amounted to Act and Rule 50 promulgated thereun­ Commission, has jurisdiction over the $65,100,000 and $17,668,392, respectively. der as applicable to the proposed trans­ proposed transactions. Giving effect to the proposed transfer, action. All interested persons are referred Notice is further given that any in­ common stock capital would be increased to the application, which is summarized terested person may, not later than No­ to $68,200,000, and retained earnings below, for a complete statement of the vember 19, 1970, request in writing that would be reduced to $14,568,392. The »posed transaction, a hearing be held on such matter, stating transaction is proposed for the purpose t hin proposes to issue and sell, pursu- the nature of his interest, the reasons for of strengthening MP&L’s capital t to the competitive bidding require- such request, and the issues of fact or law structure. nts of Rule 50 under the Act, $40 raised by said posteffective amendment It is stated that the fees and expenses llion aggregate principal amount oi to the declaration which he desires to in connection with the proposed trans­ first mortgage bonds in one or more controvert; or he may request that he be action are estimated not to exceed $1,000. v series maturing in not less than 6 notified if the Commission should order It is further stated that no State com­ i not more than 30 years. The number a hearing thereon. Any such request mission or Federal commission, other new series of bonds and the maturity should be addressed: Secretary, Securi­ than this Commission, has jurisdiction the bonds will be determined not less ties and Exchange Commission, Wash­ over the proposed transaction. in 72 hours prior to the bidding date, ington, D.C. 20549. A copy of such re­ Notice is further given that any inter­ e interest rate on the bonds (whicn quest should be served personally or by ested person may, not later than Novem­ ill be a multiple of one-eighth or i mail (airmail if the person being served ber 19, 1970, request in writing that a •cent) and the price to be paid to is located more than 500 miles from the hearing be held on such matter, stating io (which shall not be less than 99 point of mailing) upon the declarants the nature of his interest, the reasons for •cent nor more than 102% percent of at the above-stated address, and proof such request, and the issues of fact or law j principal amount thereof) will oe of service (by affidavit or, in case of an raised by said declaration which he ;ermined by the competitive bidding, attorney at law, by certificate) should desires to controvert; or he may request e bonds will be issued under the mort- be filed with the request. At any time ie and deed of trust dated as of Octo- that he be notified if the Commission ■ 1, 1938, between Ohio and Manufac after said date, the declaration, as now should order a hearing thereon. Any such ers Hanover Trust Co., as trustee, as amended or as it may be further request should be addressed: Secretary,

fEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17081 heretofore supplemented and amended The above-named national securities Leasco Data Processing Equipment File No. and as to be further supplemented and exchange has filed applications with the Corp., $2.20 convertible preferred amended by a supplemental indenture to Securities and Exchange Commission stock, Series B, $1 par value_____ 7-3506 be dated as of the first day of the month pursuant to section 12(f)(1)(B) of the Upon receipt of a request, on or before in which the bonds are to be issued. Securities Exchange Act of 1934 and Rule November 13, 1970, from any interested Ohio will apply the proceeds from the 12f-l thereunder, for unlisted trading person, the Commission will determine sale of the bonds towards the payment, privileges in the common stocks of the whether the application with respect to at maturity ^_of its commercial paper following companies, which securities are any of the companies named shall be set which is estimated to be outstanding in listed and registered on one or more down for hearing. Any such request an amount not exceeding $68 million at other national securities exchanges: should state briefly the title of the se­ the time of issuance of the bonds. File No. curity in which he is interested, the The application states that The Public Federated Department Stores, Inc___ 7-3494 nature of the interest of the person mak­ Utilities Commission of Ohio, the State First National City Corp______7-3495 ing the request, and the position he pro­ in which Ohio is organized and doing Florida Power Corp______7-3496 poses to take at the hearing, if ordered. business, has jurisdiction over the issue Halliburton Co______7-3497 In addition, any interested person may and sale of the bonds. No other State H. J. Heinz Co______7-3498 submit his views or any additional facts commission and no Federal commission, Hilton Hotels Corp______7-3499 International Industries, Inc______7-3500 bearing on any of the said applications other than this Commission, has jurisdic­ by means of a letter addressed to the tion over the proposed transaction. The Upon receipt of a request, on or before Secretary, Securities and Exchange Com­ fees and expenses to be incurred by Ohio November 13, 1970, from any interested mission, Washington 25, D.C., not later in connection with the proposed issue person, the -Commission will determine than the date specified. If no one requests and sale of bonds will be supplied by whether the application with respect to a hearing with respect to any particular amendment. any of the companies named shall be set application, such application will be de­ Notice is further given that any inter­ down for hearing. Any such request termined by order of the Commission on ested person may, not later than Novem­ should state briefly the title of the se­ the basis of the facts stated therein and ber 18, 1970, request in writing that a curity in which he is interested, the other information contained in the offi­ hearing be held on such matter, stating nature of the interest of the person mak­ cial files of the Commission pertaining the nature of his interest, the reasons ing the request, and the position he pro­ thereto. for such request, and the issues of fact poses to take at the hearing, if ordered. or law raised by said application which In addition, any interested person may For the Commission (pursuant to dele­ he desires to controvert; or he may re­ submit his views or any additional facts gated authority). quest that he be notified if the Commis­ bearing on any of the said applications by [seal] Orval L. D uB ois, sion should order a hearing thereon. Any means of a letter addressed to the Secre­ Secretary. such request should be addressed: Sec­ tary, Securities and Exchange Commis­ retary, Securities and Exchange Com­ sion, Washington, D.C. 20549 not later [F.R. Doc. 70-14871; Filed. Nov. 4, 1970; mission, Washington, D.C. 20549. A copy than the date specified. If no one requests 8:47 a.m.] of such request should be served person­ a hearing with respect to any particular ally or by mail (airmail if the person application, such application will be de­ [File Nos. 7-3502-3508] being served is located more than 500 termined by order of the Commission miles from the point of mailing) upon on the basis of the facts stated therein JOHNSON & JOHNSON ET AL. the applicant at the above-stated ad­ and other information contained in the dress, and proof of service (by affidavit official files of the Commission pertaining Notice of Applications for Unlisted or, in case of an attorney at law, by cer­ thereto. Trading Privileges and of Oppor­ tificate) should be filed with the request. tunity for Hearing At any time after said date, the applica­ For the Commission (pursuant to dele­ tion, as filed or as it may be amended, gated authority). October 29,1970. may be granted as provided in Rule 23 of [seal] Orval L. D uB ois, In the matter of applications of the the general rules and regulations promul­ Secretary. Midwest Stock Exchange for unlisted gated under the Act, or the Commission [F.R. Doc. 70-14870; Filed, Nov. 4, 1970; trading privileges in certain securities. may grant exemption from such rules as 8:47 a.m.] The above named national securities Provided in Rules 20(a) and 100 thereof exchange has filed applications with the or take such other action as it may deem Securities and Exchange Commission appropriate. Persons who request a hear- [Files Nos. 7-3501, 3506] pursuant to section 12(f)(1)(B) of the g or advice as to whether a hearing is Securities Exchange Act of 1934 and Rule ordered will receive notice of further INTERNATIONAL TELEPHONE & TELE­ 12f-l thereunder, for unlisted trading tKe:ei°?ments *n ^his matter, including GRAPH CORP. AND LEASCO DATA privileges in the common stocks of the tne date of the hearing (if ordered) and PROCESSING EQUIPMENT CO. following companies, which securities any postponements thereof. are listed and registered on one or more Notice of Applications for Unlisted other national securities exchanges: r w l th,e Connnission, by the Division of Trading Privileges and of Oppor­ g a tS ? tfi.R®8ulation’ Pursuant to dele­ File No. gated authority. tunity for Hearing Johnson & Johnson______7-3502 Kentucky Fried Chicken Corp______7-3503 [seal] Orval L. D uBois, October 29, 1970. Walter Kidde & Co______7-3504 Secretary. In the matter of applications of the Kinney National Service, Inc______7-3505 •R- Doc. 70-14869; Piled, Nov. 4, 1970: Midwest Stock Exchange for unlisted Eli Lilly & Co------_------7-3507 8:47 a.m.] trading privileges in certain securities. Louisiana Land & Exploration Co___ 7-3508 The 'above-named national securities Upon receipt of a request, on or before [Piles Nos. 7-3494r—3500] exchange has filed applications with November 13, 1970, from any interested Securities and Exchange Commission person, the Commission will determine FEDERATED d epa rtm en t sto r pursuant to Section 12(f) (1) (B) of the whether the application with respect to INC., ET AL. Securities Exchange Act of 1934 and Rule any of the companies named shall be set 12f—1 thereunder, for unlisted trading down for hearing. Any such .request N°Tmdi°f £PP,ic thereto. of pianos of the types manufactured by t) j • q_17—71* Grinnell Brothers, these increased The Baby Shop, Inc., apparel store; 404 For the Commission (pursuant to dele­ Main, Evansville, Ind.; 9-2-71. gated authority). imports were not the major factor in Ball Stores, Inc., variety-department stor , causing the unemployment or under­ [seal] O rval L. D uBo is, 400 South Walnut Street, Muncie, Ina" Secretary. employment of workers from the plant. 9—2—71. . The competitive problems of Grinnell Byek Bros. & Oo., apparel store; 532 Sout [P S . Doo. 70-14873; FUed, Nov. 4, 1970? Fourth Street, Louisville, Ky.; 8-31-71. 8:47 am .] label pianos began before imports

FEDERAL REGISTER, VOL. 35, NO. 216—-THURSDAY, NOVEMBER 5, 1970 NOTICES 17083

Capin’s El Paso Store, variety-department Arbor, Mich.; No. 296, Berkley, Mich.; Nos. Uhrichsville, Ohio) No. 185, Youngstown, store; 125-129 Morley Avenue, Nogales, Ariz.; 16, 350, and 580, Dearborn, Mich.; Nos. 1, Ohio (9-4-71); No. 8, Allentown, Pa.; No. 9, Altoona, Pa.; No. 151, Barnesboro, Pa. (9-8- 9-3-70 to 8-31-71. 208, 289, 290, 340, 369, 395, 456, 521, 527, 533, 620, and 652, Detroit, Mich.; No. 166, Detroit, 71); No. 155, Cannonsboro, Pa. (9-8-71); No. Cat & Fiddle Super Market, Inc., food- Mich. (9-7-71); No. 241, Detroit, Mich. (9- 155, Cannonsburg, Pa.; No. 45, Chambers- stores, 9-2-71: 714 South Main Street, 8- 71); No. 550, Detroit, Mich. (9-15-71); No. burg, Pa. (9-14-71); No. 28, Chester, Pa.; No. Danville, Va.; Riverside Drive, Danville, Va. 507, Escanaba, Mich.; No. 185, Ferndale, Mich.; 1116, Chester, Pa. (9-16-71); No. 220, Con- Colonial Mortuary, Inc., funeral home; 20 Nos. 12 and 272, Flint, Mich. (9-14-71); No. nellsville, Pa.; No. 87, Du Bois, Pa.; No. 147, Northeast 14th Avenue, Portland, Oreg.; 214, Flint, Mich. (9-15-71); No. 642, Flint, Ebensburg, Pa. (9-9-71); No. 316, Edwards- 8- 27-70 to 7-31-71. Mich.; No. 59, Grand Rapids, Mich.; No. 276, ville, Pa.; No. 325, Fairless Hills, Pa. (9-13- Cooper & Ratcliff, Inc., foodstores, 8-31-71: Hazel Park, Mich.; Nos. 211 and 365, High­ 71); No. 39, Hanover, Pa.; No. 323, Hazelton, Bassett, Va.; Collinsville, Va. land Park, Mich.; No. 403, Iron Mountain, Pa.; No. 1122, Hollidaysurg, Pa. (9-4-71); No. Eagle Stores Co., Inc., variety-department Mich. (9-7-71); No. 103, Jackson, Mich.; 51, Indiana, Pa.'; No. 80, Lancastor, Pa.; No. store; 1-11 West Main Street, Martinsville Nos. 245 and 685, Lincoln Park, Mich.; No. 42, Lebanon, Pa.; No. 1046, Lebanon, Pa. (9- Va.; 9-2-71. 27; Livonia, Mich.; No. 529, Monroe, Mich.; 4-71); No. 273, Lewiston, Pa.; No. 1029, Fruit & Vegetable Fair, Inc., foodstore; No. 535, Mount Clemens, Mich. (9-6-71); No. McKeesport, Pa. (9-4-71); No. 201, Phila­ 29220 North Campbell Road, Madison 626, Muskegon, Mich.; No. 623, Plymouth, delphia, Pa.; Nos. 1052 and 1012, Philadel­ Heights, Mich.; 8-26-71. Mich.; Nos. 13 and 684, Pontiac, Mich.; No. phia, Pa. (9-4-71); No. 104, Phillipsburg, Pa.; Gloss Bros., Inc., variety-department store; 2, Port Huron, Mich. (9-16-71); No. 677, No. 53, Pittsburg, Pa. (9-4-71); No. 1037, Rochester, Mich.; No. 415, Roseville, Mich.; Pottsville, Pa. (9-4—71); No. 85, Waynesboro, Franklin and Locust Streets, Johnstown, Pa.; Pa.; No. 14, York, Pa.; No. 317, York, Pa. (9- 9- 15-71. No. 530, Royal Oak, Mich.; No. 428, Saginaw, Mich.; No. 123, Southfield, Mich.; No. 687, 13-71); No. 139, Bristol, Tenn.; No. 429, Goldblatt Bros., Inc., variety-department Chattanooga, Tenn.; No. 497, Columbia, store; 5206 Hohman Avenue, Hammond, Ind.; Southgate, Mich.; No. 499, Traverse City, Mich. (9-12-71); No. 566, Wayne, Mich.; No. Tenn.; No. 430, Jackson, Tenn. (8-31-71); 8- 21-71. 4578, Faribault, Minn.; Nos. 176 and 694, No. 297, Kingsport, Tenn. (9-15-71); No. 307, Golden Good Shepherd Home, nursing Minneapolis, Minn.; No. 683, St. Paul, Minn.; Memphis, Tenn.; No. 417, Murfreesboro, home; Golden, 111.; 8-25—71. No. 52, Winona, Minn.; No. 608, Morristown, Tenn.; No. 507, Nashville, Tenn.; No. 292, Good Samaritan Hospital, hospital; East N.J.; No. 75, Plainfield, N.J.; No. 658, Oak Ridge, Tenn. (8-31-71); No. 320, White­ Norwegian and Tremont Streets, Pottsville, Barberton, Ohio (9-15-71); No. 298, Cleve­ haven, Tenn. (9-16-71); No. 1117, Alexan­ Pa; 9-3-71. land, Ohio; No. 538, Cuyahoga Falls, Ohio; dria, Va. (8-31-71); No. 309, Arlington, Va.; W. T. Grant Co., variety-department stores, No. 628, Dayton, Ohio; No. 362, Marion, Ohio No. 296, Front Royal, Va.; No. 142, Harrison­ 9- 2-71, except as otherwise indicated: 201 (9-18-71); No. 646, Toledo, Ohio (9-16-71); burg, Va.; No. 505, Roanoke, Va. (8-31-71); South Adams, Peoria, 111. (9-28-71); No. 683, No. 595, Youngstown, Ohio; No. 309, Camp No. 47, Winchester, Va. (8-31-71); No. 13, Zion, 111. (9-17-71); No. 3086, Gary, Ind.; No. Hill, Pa.; No. 76, Erie, Pa.; No. 460, Harris- Charleston, W. Va. (9-13-71); No. 1133, 718, Indianapolis, Ind.; No. 853, Middlesex, burg, Pa. (9-9-71); No. 64, Lancaster, Pa.; Charleston, W. Va. (8-31-71); No. 214, N.J. (8-31-71); No. 724, Parsippany, N.J. (8- No. 543, Monroeville, Pa. (9-12-71); No. 378, Clarksburg, W. Va. (9-13-71); No. 32, Fair­ 31-71); No. 173, Paterson, N.J.; No. 393, Oil City, Pa. (9-15-71); Nos. 53 and 675, Pitts­ mont, W. Va. (8-31-71); No. 40, Grafton, W. Roselle, N.J. (8-31-71); No. 770, Altoona, Pa.; burgh, Pa.; No. 282, Pittston, Pa. (9-7-71); Va. (8-31-71); Nos. 15 and 1131, Huntington, No. 463, Bridgeville, Pa. (9-14-71); No. 751, No. 18, Reading, Pa. (9-9-71); No. 92, Scran­ W. Va.; No. 83, Martinsburg, W. Va. (9-15- Broomall, Pa. (8-20-71); No. 3187, Lansdale, ton, Pa. (9-17-71); No. 475, Uniontown, Pa.; 71); No. 33, Morgantown, W. Va.; No. 451, Pa. (9-17-71); No. 905, Norristown, Pa. (8-31— No. 509, Upper Darby, Pa.; No. 342, Danville, La Crosse, Wis; No. 454, Marshfield, Wis. 71); No. 399, Philadelphia, Pa.; No. 555, Va. (8-31-71); No. 660, Norfolk, Va. (9-9-71); (9- 7- 71); No. 578, Marinette, Wis.; No. 579, Phoenixville, Pa. (9-9-71); No. 466, Pitts­ No. 425, Bluefield, W. Va. (8-81-71); No. 391, Monroe, Wis.; No. 694, Oconomowoc, Wis. burgh, Pa.; No. 841, Pittsburgh, Pa. (9-15-71); Charleston, W. Va. (8-31-71); No. 202, Apple- Meyer Brothers, variety-department store; Nos. 28 and 747, Reading, Pa.; No. 154, Sun- ton, Wis.; No. 607, Eau Claire, Wis.; No. 611, 181 Main Street, Paterson, N.J.; 8-81-71. bury, Pa.; No. 240, Williamsport, Pa. (9-7- Fond du Lac, Wis.; Nos. 162 and 268, Madison, Moreland Drug, Inc., drugstore; 110 Shelby 71); No. 581, Fredericksburg, Va. (8-31-71). Wis.; No. 420, Manitowoc, Wis.; Nos. 446 and Street, Falmouth, Ky.; 8-24-71. Greenfield Search Foods Store, Inc., food- 617, Milwaukee, Wis.; No. 181, Oshkosh, Wis.; G. C. Murphy Co., variety-department store; South Side, Greenfield, 111.; 8-24-71. No. 86, Racine, Wis.; No. 78, Superior, Wis.; stores, 9-2-71, except as otherwise indicated: Hoffman’s, Inc., apparel store; 200 Union No. 119, Watertown, Wis.; No. 493, Wausau, No. 417, Goshen, Ind.; No. 119, Greencastle, Street, Lynn, Mass.; 9-2-71. Wis. Ind.; Nos. 104 and 215, Indianapolis, Ind.; J. I. Ippel Co., variety-department store; Latonia 5/1.00 Store, variety-department No. 411, Noblesville, Ind.; No. 422, Peru, Ind.; 423 Court Street, Saginaw, Mich.; 8-26-71. store; 3925 Winston Avenue, Covington, Ky.; No. 443, Salem, Ind.; No. 17, Ashland, Ky.; K. C. Super Market, foodstore; Eighth 9 - 17-71. No. 239, Louisville, Ky.; No. I ll, Maysville, Street and Ohio Avenue, Etowah, Tenn.; 8- La Ville de Paris, variety-department Ky.; No. 149, Annapolis, Md.; Nos. 153, 148, 31-71. store; 101—103 Morley Avenue, Nogales, Ariz.; 224, 147, 151, 152, and 138, Baltimore, Md.; Karson’s Inn., Inc., restaurant; 5100 Hola- 9-3-70 to 8-31-71. Nos. 134, 238, and 267, Baltimore, Md. (9-11- bird Avenue, Baltimore, Md.; 8-25-71. Wm. A. Lewis Clothing, apparel stores, 71) ; No. 179, Cumberland. Md.; No. 268, Glen 9-2—71; 2301 West 95th Street, Chicago, 111.; Bumie, Md. (9-11-71); No. 273, Hyattsville, Kenley’s Super Markets, Inc., foodstore; Hillside Shopping Center, Hillside, 111.; Har- 1107 South 10th Street, Noblesville, Ind.; Md.; No. 236, Oxon Hill, Md.; Nos. 248 and 9-2-71. lem-Irving Store Plaza, Norridge, 111. 266, Rockville, Md.; No. 199, Silver Spring, The Mart, Inc., apparel store; 180 Main Md.; No. 242, Suitland, Md.; No. 95, West­ S. S. Kresge Co., variety-department stores, Street, Paterson, N.J.; 8-31-71. minster, Md.; No. 117, Aliquippa, Pa.; No. 27, 9-2-71, except as otherwise indicated: No. McCrory-McLellan-Green Stores, variety- Ambridge, Pa.; No. 78, Bangor, Pa.; No. 188, 254, Aurora, 111.; No. 34, Bloomington, HI.; department stores, 9-2-71, except as other­ Barnesboro, Pa.; No. 68, Beaver, Pa.; No. 32, No. 54, Bridgeview, 111.; No. 164, Canton, 111.; wise indicated: No. 580, Tucson, Ariz. (8-31- Beaver Falls, Pa.; No. 130, Bedford, Pa.; No. Nos. 174 and 690, Champaign, 111.; Nos. 8, 71); No. 1119, Bridgeport, Conn.; No. 649, 144, Bellefonte, Pa.; No. 115, Bellevue, Pa.; 236, 416, 445, 480, 594, 599, 627, and 4613, Westport, Conn. (9-5-71); No. 1114, Wil­ No. 271, Bethlehem, Pa. (9-11-71); No. 178, Chicago, 111.; No. 261, Danville, 111.; Nos. 201 mington, Del. (9-16-71); No. 676, Pekin, 111.; Brookville, Pa.; No. 30, Brownsville, Pa.; No. and 641, Decatur, 111.; No. 50, Deerfield, 111.; No. 44, Anderson, Ind.; No. 195, Indianap­ 160, Burgettstown, Pa.; No. 92, Butler, Pa.; No. 4612, Freeport, HI.; No. 179, Galesburg, olis, Ind.; No. 305, Lexington, Ky. (8-31-71); No. 55, California, Pa.; No. 54, Carnegie, Pa.; 111.; No. 130, Joliet, 111.; No. 417, Kankakee, No. 1204, Lexington, Ky.; No. 1135, Louis­ No. 11, Charleroi, Pa.; No. 88, Clairton, Pa.; 111.; No. 918, La Grange, 111.; No. 497, Mattoon, ville, Ky. (9-16-71); No. 620, Waterville, No. 66, Clarion, Pa.; No. 158, Clearfield, Pa.; 111.; No. 4623, Oak Lawn, 111.; No. 630, Park Maine; Nos. 234 and 314, Baltimore, Md.; No. 201, Connellsville, Pa.; No. 169, Corry, Forest, 111.; No. 4630, Pekin, 111.; No. 242, No. 1111, Baltimore, Md. (9-4r-71); No. 1202, Pa.; No. 46, Elizabeth, Pa.; Nos. 175 and 225, Peoria, 111.; No. 321, Quincy, 111.; No. 318, Baltimore, Md. (9-15-71); No. 21, Cumber­ Erie, Pa.; No. 124, Everett, Pa.; No. 58, Far­ 111.; No. 136, St. Charles, 111.; No. land, Md.; No. 68, Easton, Md.; No. 46, Fred­ rell, Pa.; No. 44, Ford City, Pa.; No. 184, ^>92, Streator, 111.; No. 483, Bedford, Ind.; erick, Md.; No. 31, Hagerstown, Md.; No. 631, Franklin, Pa.; No. 129, Gettysburg, Pa.; No. T Elkhart, Ind.; No. 568, Fort Wayne, Boston, Mass.; No. 556, Alpena, Mich.; No. 3, Greensburg, Pa.; No. 43, Greenville, Pa.; ind.; Nos. 462 and 618, Gary, Ind.; Nos. 7, 668, Grand Haven, Mich.; No. 541, Petoskey, No. 13, Grove City, Pa.; No. 28, Hanover, Pa.; 83, and 672, Indianapolis, Ind.; No. 589, Mich.; No. 1056, St. Paul, Minn.; No. 308, No. 165, Harrisburg, Pa.; No. 228, Havertown, Kokomo, Ind.; Nos. 31 and 204, Lafayette, Clifton, N.J. (9-10-70 to 9-2-71); No. 1006, Pa.; No. 211, Hollidaysburg, Pa.; No. 143, N°- f 6, Muncie, Ind.; No. 251, New Plainfield, N.J. (8-27-71); No. 189, Canton, Huntingdon, Pa.; No. 126, Indiana, Pa.; No. oastie, Ind.; No. 2217, Vincennes, Ind.; No. Ohio (9-4-71); No. 1207, Cleveland, Ohio; 23, Irwin, Pa.; No. 45, Jeannette, Pa.; No. i L - ^ ! SV^ e’ Ky,; No- 457> Louisville, Ky. No. 1035, Columbus, Ohio (9-16-71); No. 180, 9, Kittanning, Pa.; No. 6, Latrobe, Pa.; No. No iio ’ 624, Louisville, Ky. (8-31-71); Dayton, Ohio^ (9-4-71); No. 1065, Dayton, 79, Lehighton, Pa.; No. 232, Lemoyne, Pa.; Baltimor P^LUCah’ Ky> (8-31-71); No. 20, Ohio; No. 684, Delaware, Ohio; No. 26, East 605^ No- 485> Adrtan> Mich.; No. Liverpool, Ohio; No. 1059, Portsmouth, Ohio No. 59, Lewiston, Pa.; No. 116, Ligonier, Pa.; , Allen Park, Mich.; Nos. 74 and 160, Ann (9-5-71); No. 24, Springfield, Ohio; No. 1124, No. 202, McDonald, Pa.; No. 1, McKeesport,

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17084 NOTICES Pa.; No. 16, Meadville, Pa.;. No. 70, Me- Seitner Brothers, Inc., variety-department cept as otherwise indicated: No. 1157, Evans­ chanicsburg, Pa.; No. 108, Mercer, Pa. (9— store; 302 Federal Street, Saginaw, Mich.; ville, Ind., 4 to 24 percent; No. 189, Balti­ 12-71) ; No. 186, Meyersdale, Pa.; No. 84, Mid­ 9-12-71. more, Md., 7 to 15 percent (9-17-71); No. land, Pa.; No. 31, Monessen, Pa.; No. 146, Skippers Table, Inc., restaurant; 7030 West 1082, Baltimore, Md., 7 to 15 percent; No. Mount Union, Pa.; No. 233, Natrona Heights, Seven Mile Road, Detroit, Mich.; 8-31-70 to 1131, Baltimore, Md., 7 to 15 percent (9-11- Pa.; No. 193, Nazareth, Pa.; No. 48, New 7- 29-71. 71); No. 69, St. Paul, Minn., 8 to 10 percent; Bethlehem, Pa.; No. 106, New Castle, Pa.; Thomas Grocery, foodstore; Robbins Road No. 66, Pompton Plains, N.J., 8 to 33 percent No. 4. New Kensington, Pa.; No. 157, North and Ferry Street, Grand Haven, Mich.; (salesclerk, office clerk, stock clerk, 8-20-71); East, Pa.; Nos. 229 and - 246, Philadelphia, 8- 26-71. No. 974, West Caldwell, N.J., 5 to 18 percent Pa.; Nos. 12, 29, 57, 61, 83, 163, 170, 221, 237, Victory Villa Variety, variety-department (8-31-71); No. 1143, Folcroft, Pa., 8 to 35 and 258, Pittsburgh, Pa.; No. 183, Punxsu- store; 201 Ballard Avenue, Baltimore, Md.; percent; No. 1077, Newtown Square, Pa., 10 tawney, Pa.; No. 127, Red Lion, Pa.; No. 247, 9- 13-71. to 25 percent; No. 1071, Southampton, Pa., Ridgway, Pa.; No. 7, Rochester, Pa.; No. 85, Whitehall Search Food Stores, Inc., food- 0 to 9 percent (salesclerk, stock clerk, 9-7- St. Mary’s, Pa.; No. 128, Sharon, Pa.; No. store; South Main Street, Whitehall, 111.; 71); No. 729, Kingsport, Tenn., 3 to 14 per­ 118, Shippensburg, Pa.; No. 145, State Col­ 8—24—71. cent (8-31-71); No. 209, Vienna, Va., 4 to lege, Pa.; No. 64, Tarentum, Pa.; No. 73, Wytheville Crest 5-10-25^ Stores Co., 11 percent. Titusville, Pa.; No. 164, Uniontown, Pa.; No. variety-department store; Wytheville, Va.; Haan’s Super Market, Inc., foodstore; 919 159, Vandergrift, Pa.; No. 60, Warren, Pa.; 8- 31-71. 36th Street, Wyoming, Mich.; stock clerk, No. 155, Washington, Pa.; No. 177, Waynes­ checker, package clerk; 21 to 35 percent; burg, Pa.; No. 47, West Newton, Pa.; No. 39, The following certificates were issued 9-1-71. Wilkinsburg, Pa.; No. 227, Wilow Grove, Pa.; to establishments relying on the base- S. S. Kresge Co., variety-department stores, No. 205, York, Pa.; No. 180, Richwood, Va.; year employment experience of other for the occupations of stock clerk, salesclerk, No. 209, East Rainelle, W. Va.; No. 172, Fair­ establishments, either because they office clerk, maintenance, food preparation, mont, W. Va.; Nov 137, Hinton, W. Va.; No came into existence after the beginning cashier, customer service, 10 percent, 9-2-71, 194, Logan, W. Va.; Not 185, Philippi, W. Va.; of the applicable base year or because except as otherwise indicated: No. 4031, No. 19, Sistersville, W. Va.; No. 133, Welch, they did not have available base-year Bloomington, HI. (salesclerk, stock clerk, W. Va.; No. 14, Wellsburg, W. Va. checker-cashier, office clerk, 3 to 21 percent) ; Neisner Bros. Inc., variety-department records. The certificates permit the em­ No. 4019, Champaign, HI. (salesclerk, office stores, 9-2-71: Nos. 30, 31. 52, 54, 57, 65, ployment of full-time students at rates clerk, checker-cashier, stock clerk, main­ 74, and 97, Chicago, HI.; No. 37, Waukegan, of not less than 85 percent of the statu­ tenance, 4 to 21 percent); No. 4562, Chicago, ni.; Nos. 32, 43, 63, and 82, Detroit, Mich.; tory minimum in the classes of occupa­ HI. (salesclerk, stock clerk, checker-cashier, No. 58, Escanaba, Mich.; No. 13, Hamtramck, tions listed, and provide for the office clerk, 16 to 41 percent) ; No. 4624, Mich.; No. 101, Lincoln Park, Mich.; No. 17, indicated monthly limitations on the Chicago, ni. salesclerk, stock clerk, checker- Pontiac, Mich.; No. 107, Royal Oak, Mich.; percentage of full-time student hours cashier, office clerk, 17 to 26 percent); No. No. 73, Wyandotte, Mich.; No. 129, Rochester, 429, Des Plaines, HI. (salesclerk, stock clerk, Minn.; No. 127, East Paterson, N.J.; No. 149, of employment at rates below the appli­ checker-cashier, office clerk, 17 to 26 per­ Middletown, N.J. cable statutory minimum to total hours cent); No. 220, Evanston, HI. (salesclerk, J. J. Newberry Co., variety-department of employment of all employees. stock clerk, maintenance, office clerk, stores, 9-2-71, except as otherwise indi­ Ann & Hope Factory Outlet, Inc., variety- checker-cashier, 12 to 23 percent, 9-19-71); cated: No. 254, Harlan, Ky. (8-31-71); department store; 1689 Post Road, Warwick, No. 4610, Lincoln, HI. (salesclerk, stock clerk, No. 197, Somerset, Ky. (8-31-71); No. R.I.; bagger; 2 to 3 percent; 9-17-71. checker-cashier, office clerk, 13 to 36 per­ 154, Elkton, Md.; No. 31, Hagerstown, Md.; Arizona Drumstick, Inc., restaurant; 2240 cent) ; No. 25, Markham, HI. (salesclerk, stock No. 107, Freehold, N.J.; No. 187, Vineland, North Scottsdale Road, Tempe, Ariz.; waiter- clerk, checker-cashier, office clerk, 18 to 33 N.J.; No. 204, Berwick, Pa.; No. 9, Chambers- waitress, takeout clerk, bus boy (girl), percent) ; No. 4546, Moline, HI. (salesclerk, burg, Pa.; No. 226, Kennett Square, Pa. (9- counter clerk, kitchen helper, hostess stock clerk, checker-cashier, office clerk, 3 to 14-71); No. 127, Lewisburg, Pa.; No. 106, (host); 38 to 63 percent; 9-3-71. 22 percent); No. 503, Oak Brook, HI. (sales­ Lock Haven, Pa.; No. 129, Milton, Pa.; No. 5, The Baby Shop, Inc., apparel store; 1120 clerk, stock clerk, checker-cashier, office clerk, Shamokin, Pa. (9-10-71) ; No. 1, Stroudsburg, Washington Square MaU, Evansville, Ind.; 12 to 20 percent); No. 4005, Peoria, HI. (sales­ Pa.; No. 90, Sunbury, Pa.; No. 95, West War­ salesclerk, marker, stock clerk, wrapper; 1 clerk, stock clerk, checker-cashier, office wick, R.I. (9-7-71); No. 467, Front Royal, to 11 percent; 9-2-71. clerk, 4 to 18 percent); No. 4079, Fort Wayne, Va. (8-31-71) ; No. 229, Salem, Va. (8-31-71); Byrds Food Center, Inc., foodstore; Haw Ind. (stock clerk, office clerk, salesclerk, No. 435, Waynesboro, Va. (8—31—71); No. 261, River, NjC.; ' bagger, carryout, stock clerk, checker-cashier, maintenance, 5 to 10 per­ Winchester, Va. (8-31-71). cashier, Janitorial; 18 percent; 9-13-71. cent, 8-25-71); No. 4014, Kokomo, Ind. The New York Store, variety-department Conley’s variety-department stores, for the (salesclerk, stock clerk, checker-cashier, store; 238-244 High Street, Pottstown, Pa.; occupations of salesclerk, stock clerk, office clerk); No. 4008, Lafayette, Ind. (sales­ 9-2-71. cashier, marker, carryout, 9 to 20 percent, clerk, stock clerk,* checker-cashier, office Okolona Department Store, variety-depart­ 9- 15- 71, except as otherwise indicated: 101 clerk, 2 to 10 percent); No. 466, Mishawaka, ment store; 7821 Preston Highway, Louis­ Grant Street, Chardon, Ohio (9 to 30 per­ Ind. (salesclerk, stock clerk, checker-cashier, ville, Ky.; 8-23-71. cent) ; 212 North Wooster Avenue, Dover, office clerk, 9-6-71); No. 4571, Peru. Ind. One Stop Pharmacy, Inc., drugstore; 3824 Ohio; 985 Ashland Road, Mansfield, Ohio; (salesclerk, stock clerk, checker-cashier, office clerk, 5 to 10 percent); No. 597, Richmond, Auburn, Rockford, 111.; 7-29-71. 3839 Pearl Road, Medina, Ohio (9 to 32 per­ Ind. (salesclerk, stock clerk, checker-cashier, Raylass Department Store, variety-depart­ cent) ; Route 250, Midvale, Ohio; Route 170, North Kingsville, Ohio (9 to 32 percent); office clerk); No. 450, Braintree, Mass, (sales­ ment stores: 335 Main Street, Danville, Va., clerk); No. 504, Alpena, Mich. (9-6-71); No. 9-2-71; 312-320 East Broad Street, Richmond, 250 North Main Street, Rittman, Ohio (9 to 131, Ann Arbor, Mich.; No. 468, Ann Arbor, Va., 8-31-71; 307 Main Street, South Boston, 32 percent). Mich.; No. 21, Battle Creek, Mich. (3 to 10 Va., 9-2-71. Convenient Food Mart Inc., foodstore; No. percent); No. 4036, Benton Harbor, Mien.; Rockford Dry Goods Co., variety-depart­ 320, Parma, Ohio; stock clerk, janitorial; 10 No. 4516, Detroit, Mich.; No. 4083, Flint, ment store; 305 West State Street, Rockford, percent; 9-17-71. Mich. (8 to 10 percent, 8-23-71); No. f 7?’ HI.; 9-13-71. Cooke’s Food Store, Inc., foodstore; 17 Broad Street SW, Cleveland, Tenn.; stock Fraser, Mich.; No. 4405, Fraser, Mich. Rose’s Stores, Inc., variety-department clerk, produce clerk, bagger, carryout; 9 to (9- 8- 71); No. 465, Grosse Pointe, Mich.; «o. stores, 9-2-71, except as otherwise indicated: 10 percent; 8-31-71. 679, Kalamazoo, Mich.; No. 353, Madison No. 135, Somerset, Ky.; No. 62, Greenville, Cooper & Ratcliff, foodstore; Martinsville, Heights, Mich.; No. 516, Pontiac, Mich.; no- Tenn.; No. 44, Newport, Tenn.; No. 79, Char­ Va.; bagger, carryout; 10 percent; 8-31-71. 667, Roseville, Mich.; No. 433, Saginaw, Mic • lottesville, Va. (9-4-71) ; No. 57, Christians- (9_13_71); No. 4074, Southfield, Mich.; n o . burg, Va.; No. 31, Farm ville, Va.; No. 7, Eagle Stores, variety-department store; 4021, Southgate, Mich. (9—13-71); Nos. Franklin, Va.; No. 15, Galax, Va. (9-4—71); No. 27, Collinsville, Va.; salesclerk, stock and 4002, Warren, Mich.; No. 70, Marion, Va.; Nos. 123, 129, and 142, clerk; 12 to 50 percent; 9-2-71. No. 323, Rochester, Minn, (salesclerk, Norfolk, Va.; Nos. 109 and 20, Portsmouth, Falls Super Market, Inc., foodstore; 405 checker-cashier, office clerk, stock clerk, Va. (9-4-71) ; No. 146, Roanoke, Va. (9-4-71) ; South Mill Street, Redwood Falls, Minn.; maintenance, 14 to 27 percent); No. • No. 144, Richmond, Va.; No. 17, Suffolk, Va.; stock clerk, carryout; 7 to 24 percent; Brooklyn, Ohio (9-11-71); No^1567\ Cleve Nos. 107 and 137, Virginia Beach, Va.; No. 56, 9-2-71. land, Ohio (5 to 10 percent, 9- 16-71) , N Waynesboro, Va. (9-4—71); No. 65, Williams­ Food Fair Inc., foodstore; Mount Vernon, 4597, Maple Heights, Ohio; No. 4556, Za burg, Va. Ky.; bagger, carryout, cleanup, pricing clerk, ville, Ohio (5 to 10 percent); No. 4045, Butt - Roth Bros. Co., variety-department store; tagging clerk, stock clerk; 4 to 21 percent; Pa. (bagger, salesclerk, checker-cashier, 1321-27 Tower Avenue, Superior, Wis^ 9-2-71. 10 percent, 9-5-71); No. 189, Middletown Pa. 9-2-71. W. T. Grant Co., variety-department (salesclerk); No. 545, Philadelphia Pa. sa ^ stores, for the occupations of salesclerk, clerk 1 * No. 4513, Philadelphia. Pa. (saiei. Scott Store, variety-department store; No. clerk, 3 S io parent); No. 504, Reading Pa. 9292, Chicago, HI.; 8-26-71. stock clerk, office clerk, cashier, 9-2-71, ex­

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17085

(salesclerk, 5 to 10 percent, 9-15-71); No. percent; No. 142, Trenton, N.J., salesclerk, 4050, Johnson City, Tenn. (salesclerk, stock stock clerk, 13 to 24 percent. INTERSTATE COMMERCE clerk, maintenance, office clerk, checker- J. J. Newberry Co., variety-department cashier, customer service, 2 to 17 percent, stores, 9-2-71: No. 549, Bricktown, N.J., 8-31-71); No. 196, Alexandria, Va. (sales­ stock clerk, office clerk, salesclerk, janitorial, COMMISSION clerk, stock clerk, maintenance, office clerk, window trimmer, marker, 9 to 17 percent; [Notice 100] checker-cashier, customer service, 14 to 25 1-15 North Jefferson Street, Martinsville, ^ percent, 9-1-71); No. 4062, Danville, Va. Ind., salesclerk, stock clerk, 10 to 20 percent. MOTOR CARRIER, BROKER, WATER (salesclerk, stock clerk, maintenance, office One Stop Pharmacy, Inc., drugstore; 517 CARRIER AND FREIGHT FOR­ clerk, checker-cashier, customer service, Marchesano Drive, Rockford, 111.; clerk, stock 8-31-71); No. 4548, Petersburg, Va. (cashier, clerk; 5 to 11 percent; 7-29—71. WARDER APPLICATIONS salesclerk, 7 to 18 percent, 8-31-71); No. 561, Raylass Department Store, variety depart­ October 30,1970. Winchester, Va. (salesclerk, stock clerk, ment store; 908-12 Main Street, Lynchburg, maintenance, office clerk, checker-cashier, Va.; office clerk, salesclerk, stock clerk, The following applications are gov­ customer service, 11 to 34 percent, 8-31—71); marker, cleanup; 13 to 34 percent; 8-31-71. erned by Special Rule 2471 of the Com­ No. 4503, Wheeling, W. Va.; No. 4542, Beloit, Rose’s Stores, Inc., variety-department mission’s general rules of practice (49 Wis. (salesclerk, stock clerk, checker-cashier, stores, for the occupation of salesclerk, 3 to CFR 1100.247, as amended), published in office clerk, 5 to 10 percent); No. 4051, Eau 16 percent, 9-4-71, except as otherwise the F ederal R egister issue of April 20, Claire, Wis. (salesclerk, stock clerk, checker- indicated: Nos. 6 and 115, Louisville, Ky.; 1966, effective May 20, 1966. These rules cashier, office clerk, 2 to 6 percent); No. 222, No. 136, Clarksville, Tenn. (9-16-71); No. Green Bay, Wis. (salesclerk, stock clerk, 156, Kingsport, Tenn. (salesclerk, stock clerk, provide, among other things, that a pro­ checker-cashier, office clerk, 6 to 24 percent); office clerk, checker, 4 to 8 percent); No. 165, test to the granting of an application No. 4089, La Crosse, Wis. (salesclerk, stock Murfreesboro, Tenn.; No. 66, Blacksburg, Va. must be filed with the Commission within clerk, maintenance, office clerk, checker- (salesclerk, stock clerk, office clerk, checker, 30 days after date of notice of filing of the cashier, 3 to 10 percent);-No. 4321, Madison, 6 to 16 percent); No. 89, Charlottesville, Va.; application is published in the F ederal Wis. (salesclerk, stock clerk, office clerk, No. 54, Danville, Va. (salesclerk, stock clerk, R egister. Failure seasonably to file a pro­ checker-cashier, maintenance, customer serv­ office clerk, checker, 5 to 9 percent, 9-2-71); test will be construed as a waiver of op­ ice, 11 to 29 percent, 9-1-71); No. 442, No. 167, Hampton, Va. (salesclerk, stock clerk, Neenah, Wis. (salesclerk, stock clerk, 11 to 39 percent); No. 168, Hopewell, Va.; position and participation in the proceed­ checker-cashier, office clerk). No. 84, Lexington, Va.; No. 158, Martinsville, ing. A protest under these rules should Larson’s Big Star, food stores, for the occu­ Va. (salesclerk, checker, 5 to 9 percent); No. comply with section 247(d)(3) of the pations of stock clerk, bagger, 9-17-71: No. 141, Newport News, Va. (13 to 31 percent); rules of practice which requires that it 60, Oxford, Miss., 16 percent; No. 114, Water No. 128, Norfolk, Va. (13 to 27 percent, set forth specifically the grounds upon Valley, Miss., 8 percent. 9-9-71); No. 58, Pulaski, Va. (salesclerk, which it is made, contain a detailed Wm. A. Lewis Clothing Co., apparel store; stock clerk, office clerk, checker, 6 to 24 per­ statement of protestant’s interest in the Randhurst Center, Mount Prospect, 111.; cent); No. 55, Radford, Va. (9-16-71); No. receptionist, check writer, wrapper, stock 151, Roanoke, Va. (salesclerk, office clerk, proceeding (including a copy of the spe­ clerk; 10 percent; 9-2-71. stock clerk, checker, 0 to 5 percent); No. 113, cific portions of its authority which pro­ McCrory-McClellan-Green Stores, variety- Virginia Beach, Va. (13 to 26 percent). testant believes to be in conflict with that department stores, for the occupations of Schensul’s Cafeteria, restaurant; West sought in the applicati : :i, and describing salesclerk, office clerk, stock clerk, except as Main Street, Kalamazoo, Mich.; busboy in detail the method—whether by join­ otherwise indicated: No. 375, Phoenix, Ariz., (girl), coffee girl (boy), counter helper, der, interline, or other means—by which 9 to 20 percent, 9-6-70 to 8-31-71; No. 709, dishwasher, food preparer, short order cook; Sierra Vista, Ariz., 4 to 17 percent, 9-14-70 49 to 77 percent; 8-17-71. protestant would use such authority to to 8-31-71; No. 360, East Alton, 111., 11 to 19 T. G. & Y. Stores Co., variety-department provide all or part of the service pro­ percent, 9-2-71; No. 1318, Louisville, Ky., store; No. 765, Memphis, Tenn.; office clerk, posed), and shall specify with particu­ 0 to 11 percent, 9-16-71; No. 346, LaVale, salesclerk, stock clerk; 8 to 30 percent; larity the facts, matters, and things Md„ 1 to 6 percent, 9-2-71 (salesclerk, office 9-16-71. relied upon, but shall not include issues clerk, stock clerk, porter); No. 354, Salisbury, Tersteeg’s Super Valu, foodstore; Redwood or allegations phrased generally. Pro­ Md., 1 to 10 percent, 9-13-71 (salesclerk); Falls, Minn.; carryout, stock clerk; 15 to 28 tests not in reasonable compliance with No. 231, Lansing, Mich., 10 to 27 percent, percent; 9-9-71. 8- 9-71; No. 447, Lapeer, Mich., 10 to 27 per­ Lee Wilson & Co., agriculture; Lee, Nev.; the requirements of the Rules may be re­ cent, 9-2-71 (salesclerk, stock clerk); No. seeder, fence mender, cattle feeder; 14 to 50 jected. The original and one copy of the 679, Sturgis, Mich., 10 to 27 percent, 9-2-71; percent; 8-31-71. protest shall be filed with the Commis­ No. 1072, Succasunna, N.J., 11 to 32 percent, sion, and a copy shall be served concur­ 9- 14-71; No. 362, Fairborn, Ohio, 6 to 20 Each certificate has been issued upon rently upon applicant’s representative, or percent, 9-4-71; No. 372, Troy, Ohio, 6 to 20 the representations of the employer applicant if no representative is named. percent, 9-7-71; No. 90, Bristol, Pa., 14 to 30 which, among other things, were that If the protest includes a request for oral percent, 9-19-71; No. 1066, Lancaster, Pa., employment of full-time students at hearing, such requests shall meet the re­ o to is percent, 9-11-71 (salesclerk, office special minimum rates is necessary to quirements of section 247(d) (4) of the clerk); No. 326, North York, Pa., 7 to 22 per­ prevent curtailment of opportunities for cent, 9-10-71 (salesclerk); No. 167, Potts- special rules, and shall include the certifi­ town, Pa., l to 18 percent, 9-10-71 (sales- employment, and the hiring of full-time cation required therein. «erky stock clerk, office clerk, porter); No. students at special minimum rates will Section 247(f) of the Commission’s ,34.’ Y,°rk’ P a> 22 to 27 percent, 8-21-71 not create a substantial probability of rules of practice further provides that r 1^ ’ office clerk, stock clerk, porter); reducing the full-time employment op­ Murfreesboro, Tenn., 2 to 31 percent, portunities of persons other than those each applicant shall, if protests to its ap­ 7* (salesclerk, office clerk, porter); No. employed under a certificate. The cer­ plication have been filed, and within 60 T 9’ ^ n g to n , Tex., l l to 15 percent, tificates may be annulled or withdrawn, days of the date of this publication, 99 r l 71’ _No' 341> Moundsville, W. Va., 5 to notify the Commission in writing (1) that percent, 9- 2- 71. as indicated therein, in the manner pro­ vided in Part 528 of Title 29 of the Code it is ready to proceed and prosecute the stm t* ^ Morphy Co., variety department of Federal Regulations. Any person ag­ application, or (2) that it wishes to with­ clprt ’<=+ ,the occupations of salesclerk, office draw the application, failure in which the as Clerk’ Janit°rial, 9-2-71, except grieved by the issuance of any of these application will be dismissed by the Com­ Ind *0 indicated: No. 430, Madison, certificates may seek a review or recon­ mission. more Mrt ® Percent; Nos. 91 and 285, Balti- sideration thereof within 30 days after Further processing steps (whether BurnipMivrH lfLto 31 Percent; No. 301, Glen publication of this notice in the F ederal Hill MdMQ +1 ok° 23 Perceht; No. 309, Oxon modified procedure, oral hearing, or other R egister pursuant to the provisions of procedures) will be determined generally McKep*™,* « to 29 Percent; No. 280, 29 CFR 519.9. in accordance with the Commission’s Pittshnro^t,T3Pa'’ 3 to 23 Percent; No. 293, General Policy Statement Concerning Sgton^la’ oa ’t9 £ 22 Percent; No. 8, Wash- Signed at Washington, D.C., this 28th day of October 1970. Motor Carrier Licensing Procedures, 94? York pa k f P€rCent i8- 25-? !): No. published in the F ederal R egister issue No. 319 5 19 Percent (8-21-71); R obert G. Gronewald, (8-26-71) Rlchmond> v a.. 9 to 17 percent Authorized Representative 1 Copies of Special Rule 247 (as amended) storel^glo 7i?S« Inc’’ variety-department of the Administrator. can be obtain i by writing to the Secretary, salescierk 202’ Crystal Lake, 111., [F.R. Doc. 70-14876; Filed, Nov. 4, 1970; Interstate Commerce Commission, Washing­ ’ stock clerk, office clerk, 6 to 22 8:47 a.m.J ton, D.C. 20423.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17086 NOTICES of May 3, 1966. This assignment will be thur B. Dill (same address as above). commodities injurious or contaminating by Commissioner order which will be Authority sought to operate as a common to other lading), between Indianapolis, served on each party of record. carrier, by motor vehicle, over irregular Ind., and Fargo, N. Dak., from Indian­ The publications hereinafter set forth routes, transporting: Poultry feed, from apolis over Interstate Highway 65 to reflect the scope of the applications as Sudlersville, Md., to points in Wilming­ junction Interstate Highway 90 at or filed by applicants, and may include de­ ton, Del. N ote : Applicant states that the near Gary, Ind., thence over Interstate scriptions, restrictions, or limitations requested authority cannot be tacked Highway 90 to junction Interstate High­ which are not in a form acceptable to the with its existing authority. If a hearing is way 94 at or near Tomah, Wis., thence Commission. Authority which ultimately deemed necessary, applicant requests it over Interstate Highway 94 to Fargo, and may be granted as a result of the applica­ be held at Washington, D.C. return over the same route as an alter­ tions here noticed will not necessarily No. MC 7585 (Sub-No. 4), filed October nate route for operating convenience reflect the phraseology set forth in the 6, 1970. Applicant: ANTHONY SPARA- only in connection with applicant's pres­ application as filed, but also will elimi­ CINO, JOHN SPARACINO, AND RALPH ent authority, serving no intermediate nate any restrictions which are not ac­ SPARACINO, a partnership, doing busi­ points with service at Indianapolis for ceptable to the Commission. ness as SPARACINO BROS., 2819 Cedar purpose of joinder only. N ote: Common No. MC 2962 (Sub-No. 43), filed Octo­ Avenue, Scranton, Pa. 18505. Applicant’s control may be involved. If a hearing is ber 7, 1970. Applicant: A. & H. TRUCK representative: Alan F. Wohlstetter, 1 deemed necessary, applicant requests it LINE, INC., 1111 East Louisiana Street, Farragut Square South, Washington, be held at Sioux Falls, S. Dak. Evansville, Ind. 47717. Applicant’s repre­ D.C. 20006. Authority sought to operate No. MC 29886 (Sub-No. 266), filed Oc­ sentative: Robert H. Kinker, 711 McClure as a common carrier, by motor vehicle, tober 12, 1970. Applicant: DALLAS & Building, Frankfort, Ky. 40601. Author­ over irregular routes, transporting: Used MAVIS FORWARDING CO., INC., 4000 ity sought to operate as a common car­ household goods, between points in Berks, West Sample Street, South Bend, Ind. rier, by motor vehicle, over regular Bradford, Bucks, Carbon, Columbia, 46621. Applicant’s representative: routes, transporting: General commod­ Dauphin, Lackawanna, Lancaster, Leb­ Charles Pieroni (same address as appli­ ities (except those of unusual value, anon, Lehigh, Luzerne, Lycoming, cant). Authority sought to operate as a classes A and B explosives, household Montgomery, Montour, Monroe, North­ common carrier, by motor vehicle, over goods as defined by the Commission, com­ umberland, Northampton, Pike, Schuyl­ irregular routes, transporting: Cooling modities in bulk, and commodities re­ kill, Sullivan, Susquehanna, Tioga, or freezing machines, air coolers, bloivers quiring special equipment); (1) serving Wayne, and Wyoming Counties, Pa., re­ or fans combined, air-handling or venti­ Hopkinsville, Ky., in connection with ap­ stricted to the transportation of traffic lating equipment and building construc­ plicant’s regular route authority in cer­ having a prior or subsequent movement tion wall sections, from the plantsite and tificate MC 2962 (Sub-No. 42), restricted in containers, and further restricted to warehouse facilities of Westinghouse against the transportation of traffic mov­ the performance of pickup and delivery Electric Corp., Air Conditioning Division, ing from, to, or through Nashville, Tenn., service in connection with packing, crat­ at or near Staunton (Verona), Va., to and its commercial zone, on the one ing, and containerization, or unpacking, points in Connecticut, Delaware, Illinois, hanjl, and, on the other, Hopkinsville, uncrating, and decontainerization of Indiana, Iowa, Maine, Massachusetts, Ky., and its commercial zone; (2) serv­ such traffic. N ote: Applicant states that Michigan, Missouri, New Hampshire, ing the plantsite of the Princeton Co. the requested authority cannot be tacked New Jersey, New York, Ohio, Pennsyl­ located at or near Princeton, Ky., as an with its existing authority. If a hearing vania, Rhode Island, Vermont, and Wis­ off-route point in connection with appli­ is deemed necessary, applicant does not consin. Note: Applicant states it has no cant’s presently authorized regular route specify a location. affirmative intention to tack the author­ operations to and from Princeton, Ky.; No. MC 10761 (Sub-No. 248), filed Oc­ ity sought herein and therefore does not and (3) serving the plantsite of the En­ tober 12, 1970. Applicant: TRANS- identify points or areas which could be sign Bickford Co. located at or near AMERICAN FREIGHT LINES, INC., served. However applicant does object Graham, Muhlenburg County, Ky., in 1700 North Waterman Avenue, Detroit, to a restriction against tacking unless connection with applicant’s regular route Mich. 48209. Applicant’s representatives: shown to be warranted. Persons inter­ authority in certificate MC 2962 (Sub- L. G. Naidow (same address as appli­ ested in the tacking possibilities are cau­ No. 42). N ote: If a hearing is deemed cant) , and A. Alvis Layne, 915 Pennsyl­ tioned that failure to oppose the applica­ necessary, applicant requests it be held vania Building, Washington, D.C. 20004. tion may result in an unrestricted grant at Louisville, Ky. Authority sought to operate as a common of authority. If a hearing is deemed No. MC 4405 (Sub-No. 482), filed Octo­ carrier, by motor vehicle, over regular necessary, applicant requests it be held ber 12, 1970. Applicant: DEALERS routes, transporting: General commodi­ at Washington, D.C. TRANSIT, INC., 7701 South Lawndale ties (except those of unusual value, No. MC 30837 (Sub-No. 411), filed Avenue, Chicago, HI. 60652. Applicant’s classes A and B explosives, commodities October 14, 1970. Applicant: KENOSHA representative: Robert E. Joyner, 2111 in bulk, livestock, household goods as de­ AUTO TRANSPORT CORPORATION, Sterick Building, Memphis, Tenn. 38103. fined by the Commission and commodi­ 4200 39.th Avenue, Kenosha, Wis. 53140. Authority sought to operate as a common ties requiring special equipment), serv­ Applicant’s representative: Paid F. Sul­ carrier, by motor vehicle, over irregular ing the plantsite and/or shipping facili­ livan, Washington Building, 15th and routes, transporting: Heat exchangers ties of Mobay Chemical Co. at or near New York Avenue NW„ Washington, D.C. and equalizers for air, gas, or liquid; ma­ Baytown, Chambers County, Tex., as an 20005. Authority sought to operate as chinery and equipment for heating, cool­ off-route point in connection with car­ a common carrier, by motor vehicle, over ing, conditioning, humidifying, dehumid- rier’s authorized regular route service to irregular routes, transporting: Petroleum ifying, and moving of air, gas, or liquids Dallas, Tex. Note : If a hearing is deemed fuelers and accessories, attachments, ana, and parts, attachments, and accessories necessary, applicant requests it be held parts therefor, when moving therewith, for use in the installation and operation at Pittsburgh, Pa., or Dallas, Tex. from North Kansas City, Mo., to points of the above named items, from Jackson, No. MC 29120 (Sub-No. 121), filed Oc­ in the United States (except Alaska ana Tenn., to points in the United States in­ tober 12, 1970. Applicant: ALL-AMERI­ Hawaii). N ote: Applicant states that cluding Alaska, but excluding Hawaii. CAN TRANSPORT, INC., 1500 Industrial the requested authority cannot be tacked, N ote : Applicant states that the requested Avenue, Post Office Box 769, Sioux Falls, with its existing authority. If a hearing authority cannot be tacked with its exist­ S. Dak. 57101. Applicant’s representa­ is deemed necessary, applicant requests ing authority. If a hearing is deemed nec­ tive: Mead Bailey (same address as ap­ it be held at Washington, D.C. essary, applicant requests it be held at plicant) . Authority sought to operate as No. MC 31237 (Sub-No. 7), filed Octo­ Memphis, Tenn. a common carrier, by motor vehicle, over ber 8, 1970. Applicant: JOSEPH M. DIO- No. MC 5326 (Sub-No. 12), filed Octo­ regular routes, transporting: General NAN & SON, INC., 3210 Hammonds ber 6, 1970. Applicant: WILSON B. DILL, commodities (except those of unusual Ferry Road, Post Office Box 7463, Balti­ CARL M. DILL SR. AND ARTHUR B. value, classes A and B explosives, house­ more, Md. 21227. Applicant’s r®P£ese^ ' DILL, a partnership, doing business as hold goods as defined by the Commission, tive: C. F. Germelman, Post Office Box DILL BROS. COMPANY, Galena, Md. commodities in bulk, commodities re­ 81, Winchester, Va. 22601. Authority 21635. Applicant’s representative: Ar­ quiring special equipment, livestock, and sought to operate as a common earner,

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17087 by motor vehicle, over irregular routes, from Omaha, Nebr., to Minneapolis and convenience only, in connection with transporting: Newsprint and ground- St. Paul, Minn., under contract with applicant’s regular-route authority; (g) wood paper in rolls and in sheets, from Grain Belt Breweries, Inc. Applicant between Kansas City, Mo., and Cameron; railroad ramps at or near Alexandria, holds common carrier authority under Mo., from Kansas City over Interstate Va., to Aberdeen, Annapolis, Bel Air, MC 125370 therefore, dual operations Highway 35 to Cameron, serving no Cambridge, Centerville, Chestertown, may be involved. N ote: If a hearing is intermediate points, but with service at Denton, Elkton, Ellicott City, Frederick, deemed necessary, applicant requests it Cameron for purpose of joinder only, as Hagerstown, Havre de Grace, La Plata, be held at Minneapolis, Minn. an. alternate route for operating con­ Leonardtown, Ocean City, Pocomoke No. MC 52709 (Sub-No. 312), filed Oc­ venience only, in connection with appli­ City, Salisbury, Upper Marlboro, and tober 5, 1970. Applicant: RINGSBY cant’s regular-route authority and (h) Westminster, Md., and Dover, Dèi. N ote : TRUCK LINES, INC., 3201 Ringsby between Colorado Springs and Limon, Applicant states that the requested au­ Court, Denver, Colo. 80216. Applicant’s Colo., from Colorado Springs over U.S. thority cannot be tacked with its existing representative: Eugene Hamilton (same Highway 24 to Limon, serving no inter­ authority. If a hearing is deemed neces­ address as applicant). Authority sought mediate points, but with service at Limon sary, applicant requests it be held at to operate as a common carrier, by motor for the purpose of joinder only, as an Washington, D.C. vehicle, over regular routes, transport­ alternate route for operating convenience No. MC 42261 (Sub-No. 107), filed ing: (1) General commodities (except only, in connection with applicant’s October 12, 1970. Applicant: LANGER those of unusual value, classes A and B regular-route authority. TRANSPORT CORP., Route 1 and Dan- explosives, household goods as defined (2) General commodities (except those forth Avenue, Jersey City, N.J. 07303. by the Commission, commodities in bulk, of unusual value, .household goods as Applicant’s representative: W. C. Mit­ and those requiring special equipment), defined by the Commission, commod­ chell, 140 Cedar Street, New York, N.Y. (a) between Colorado Springs, Colo., ities in bulk, and those requiring special 10006. Authority sought to operate as a and Kansas City, Kans., from Colorado equipment), (a> between Ogden, Utah, common carrier, by motor vehicle, over Springs over U.S. Highway 24 to junction and Echo Junction, Utah, from Ogden irregular routes, transporting: Petroleum Interstate Highway 70 at or near Limon, ovef Interestate Highway 80N to Echo and petroleum products, in bulk, from thence over Interstate Highway 70 to Junction, serving no intermediate points, Boston, Mass., to points in New York, Kansas City; (b) also over Interstate but with service at Echo Junction for N.Y., and refuse and rejected shipments Highway 25 to junction Interstate High­ purpose of joinder only, as an alternate on return. Note : Applicant states that way 225, thence over Interstate Highway. route for operating convenience only, the requested authority can be tacked 225 to its junction with Interstate High­ in connection with applicant’s regular- with its existing authority but indicates way 70 to Kansas City, and return over route authority; (b) between Green that it has no present intention to tack the same route, serving the intermediate River and Salina, Utah, from Green and therefore does not identify the points of junction Interstate Highways River over Interstate Highway 70 to points or territories which can be served 225 and 25, junction Interstate Highway junction Utah Highway 4, thence over through tacking. Persons interested in 70 and U.S. Highway 77, and Strasburg, Utah Highway 4 to Salina, and return the tacking possibilities are cautioned Colo., for purpose of joinder only, and over the same route, serving no inter­ that failure to oppose the application serving Salina, Kans., for purpose of mediate points, but with service at the may result in an unrestricted grant of joinder only, as an alternate route for termini for purpose of joinder only, as authority. If a hearing is deemed neces­ operating convenience only, in connec­ an alternate route for operating con­ sary, applicant requests it be held at tion with applicant’s regular-route au­ venience only, in connection with appli­ Washington, D.C. thority; (c) between Strasburg, Colo., cant’s regular-route authority; (c) be­ No. MC 45656 (Sub-No. 15), filed Octo­ and Marysville, Kans., from Strasburg tween Vernal, Utah, and Junction Inter­ ber 8, 1970. Applicant: ANDERSON over U.S. Highway 36 to Marysville, serv­ state Highway 80 (near Green River, TRUCK LINE, INC., Drawer 191-531, ing the intermediate point of the junc­ Wyo.), from Vernal over Utah Highway West Harper Avenue, Lenoir, N.C. 28645. tion of Kansas Highway 181 and U.S. 44 to junction Wyoming Highway 530, Applicant’s representative: Francis J. Highway 36 and the termini for purpose thence over Wyoming Highway 530 to Ortman, 1700 Pennsylvania Avenue NW, of joinder only, as an alternate route for junction Interstate Highway 80, serving Washington, D.C. 20006. Authority operating convenience only in connection the intermediate points in Utah only, sought to operate as a common carrier, with applicant’s regular-route authority, and serving the junction of Wyoming by motor vehicle, over irregular routes, (d) Between the junction of InterstateHighway 530 and Interstate Highway transporting: (1) Plastic products and Highway 35 and U.S. Highway 77 (near 80 for purpose of joinder only, as an plastic byproducts, except in bulk, from El Dorado, Kans.) and Beatrice, Nebr., alternate route for operating conven­ the plantsite of Polymer Processing, Inc.,- from junction Interstate Highway 35 and ience only, in connection with appli­ a subsidiary of Broyhill Furniture Indus­ U.S. Highway 77 over U.S. Highway 77 to cant’s regular-route authority; (d) be­ tries, Inc., at or near Lenoir, N.C., in Beatrice, serving the intermediate points tween Barstow, Calif., and Ash Fork, Caldwell County, to points in Georgia, of junction Interstate Highway 70 and Ariz., from Barstow over Interstate oouth Carolina, Virginia, that part of U.S. Highway 77 and the junction of U.S. Highway 40 (or U.S, Highway 66) to lennessee on and east of U.S. Highway Highway 24 and U.S. Highway 77, junc­ Ash Fork, serving the intermediate point £It “ie District of Columbia, and Balti­ tion U.S. Highway 77 and U.S. Highway of Kingman, Ariz., and with service at more, Md.; and (2) materials, equipment 50-, junction Interstate Highway 35 and Ash Fork for purpose of joinder only, ana supplies used in the manufacture of U.S. Highway 77 for purpose of joinder as an alternate route for operating con­ plastic products and plastic byproducts, only, as an alternate route for operating venience only, in connection with appli­ except in bulk, from destinations in (1) convenience only, in connection with ap­ cant’s regular-route authority; apove, to the origin point. N ote: Appli- plicant’s regular route authority; (e) (e) Between Beaumont and Riverside, nt states that the requested authority between Chillicothe, Mo., and Des Calif., from Beaumont over California nntH ° V k®. tacked with its existing Moines, Iowa, from Chillicothe over U.S. Highway 60 to Riverside, serving no in­ authority. If a hearing is deemed neces- Highway 65 to Des Moines, serving no termediate points, but with service at S l o t e reqUeStS “ bC h6ld at intermediate points, but with service at Beaumont for purpose of joinder only, Chillicothe for purpose of joinder only, as an alternate route for operating con­ be, (Sub-No. 9), filed Octo- as an alternate route for operating con­ venience only, in connection with appli­ JAM^q 1?7?‘ Applicant: MALDWYN venience only, in connection with appli­ cant’s regular-route authority; (f) be­ TRAwl’-pnrÌ,0ing business as JAMES cant’s regular-route authority; (f) be­ tween junction U.S. Highway 395 and TRANSFER,1134 East Hawthorne Ave- tween Cameron, Mo., and Des Moines, California Highway 14 (near Inyokern, represent^t^’ 55106- Applicant’s Iowa, from Cameron over U.S. Highway Calif.), and junction U.S. Highway 395 versitv A?t e: A- R- Fpwler, 2288 Uni- 69 and/or Interstate Highway 35 to Des and Interstate Highway 15-(near Cajon A u t w / enue’ St* Paul> Minn. 55114. Moines, and return over the same route, Summit, Calif.), from junction U.S. carrier Z7S0ugbt to operate as a contract serving no intermediate points, but with Highway 395 and California Highway routes * , L r t0r..vehicle’ over irregular service at Cameron for purpose of joinder 14 over U.S. Highway 395 to junction ’ transporting: Malt beverages, only, as an alternate route for operating with Interstate Highway 15, serving the

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17088 NOTIGES intermediate point of Beechers Comers junction Interstate Highway 25 and 60 to junction Interstate Highway 10 for purpose of joinder only, as an alter­ Colorado Highway 14 for purpose of near Quartzsite, Ariz., and thence over nate route for operating convenience joinder only, in connection with appli­ Interstate Highway 10 to Los Angeles, only, in connection with applicant’s cant’s regular-route authority; Calif., and return over the same route, regular-route authority; (g) between (b) Between Cheyenne and Laramie, as an alternate route for operating con­ Salina, Utah, and junction Interstate Wyo., from Cheyenne over Interstate venience only, serving no intermediate Highway 15 and Utah Highway 63 at Highway 80 to Laramie, serving no in­ points, except for the purpose of joinder or near Scipio, Utah, from Salina over termediate points and serving Laramie only as hereinbefore provided, in con­ Utah Highway 63 to junction Interstate for purpose of joinder only, as an alter­ nection with applicant’s regular-route Highway 15, serving no intermediate nate route for operating convenience authority and (4) iron and steel articles, points, with service at the termini for only, in connection with applicant’s (a) from the plant and warehouse sites purpose of joinder only, as an alternate regular-route authority; (c) between and storage yards of CF&I Corp. at or route for operating convenience only, in Casper, Wyo., and junction Interstate near Pueblo, Colo., to the junction of connection with applicant’s regular- Highway 80 and U.S. Highway 287 at or U.S. Highway 50 and US. Highway 285, route authority; (h) between Holden and near Rawlins, Wyo., from Casper over serving the intermediate points of the Delta, Utah, from Holden over Utah Wyoming Highway 220 to junction US. junction of Interstate Highway 25 and Highway 26 to Delta, serving no inter­ Highway 287 at or near Muddy Gap, US. Highway 50 for the purpose of mediate points, with service at the ter­ Wyo., thence over US. Highway 287 to joinder only, as an alternate route for mini for purpose of joinder only, as an junction Interstate Highway 80 at or operating convenience only, in connec­ alternate route for operating conven­ near Rawlins, Wyo., and return over the tion with applicant’s regular-route au­ ience only, in connection with applicant’s same route, with no service at inter­ thority and (b) from the plant and ware­ regular-route authority; (i) between mediate points, serving junction Inter­ house sites and storage yards of CF&I junction Interstate Highway 15 and U.S. state Highway 80 and US. Highway 287 Corp. at or near Pueblo, Colo., over city Highway 50 at or near Santaquin, Utah, for purpose of joinder only, as an alter­ street or Interstate Highway 25 to junc­ and Fallon, Nev., from junction Inter­ nate route for operating convenience tion Interstate Highway 25 and U.S. state Highway 15 and U.S. Highway 50 only, in connection with applicant’s reg­ Highway 50 and US. Highway 285, serv­ over U.S. Highway 50 to Fallon, serving ular-route authority; (d) between Den­ ing the junction of US. Highway 50 and the intermediate points of Austin and ver, Colo., and Los Angeles, Calif., from US. Highway 285 for purpose of joinder Ely, Nev., and Delta, Utah, with service Denver over Interstate Highway 25 to only, as an alternate route for operating at the termini for purpose of joinder junction U.S. Highway 160 at or near convenience only, in connection with only, as an alternate route for operating Walsenburg, Colo., thence over US. applicant’s regular-route authority, re­ convenience only, in connection with ap­ Highway 160 to junction Colorado High­ stricted to traffic originating at named plicant’s regular-route authority; way 159 at or near Fort Garland, Colo., facilities of CF&I Corp. at or near Pueblo, (j) Between Boulder City, Nev., andthence over Colorado Highway 159 to Colo. N ote: Common control may be in­ Kingman, Ariz., from Boulder City over the Colorado-New Mexico State line, volved. If a hearing is deemed necessary, U.S. Highway 93 to Kingman, serving thence over New Mexico Highway 3 to applicant requests it be held at Denver, no intermediate points, with service at junction US. Highway 64 at or near Colo. ‘ / Kingman for purpose of joinder only, Taos, N. Mex., thence over US. Highway No. MC 55889 (Sub-No. 36), filed as an alternate route for operating con­ 64 to Santa Fe, N. Mex., thence over October 8, 1970. Applicant: COOPER venience only, in connection with appli­ Interstate Highway 25 (and pending TRANSFER CO., INC., Post Office Box cant’s regular-route authority; (k) be­ completion of Interstate Highway 25, 496, Brewton, Ala. 36426. Applicant’s tween Loveland and Greeley, Colo., over U.S. Highway 85 and New representatives: A. Alvis Layne, 915 from Loveland over U.S. Highway 34 to Mexico Highway 422) to Albuquerque, Pennsylvania Building, Washington, D.C. Greeley, serving the intermediate points N. Mex., thence over Interstate Highway 20004, and Kenneth A. Roberts, 1026 17th of junction U.S. Highway 34 and Inter­ 40 (and pending completion of Inter­ Street NW., Washington, D.C. 20036. Au­ state Highway 25, for purpose of joinder state Highway 40r over U.S. Highway thority sought to operate as a common only, as an alternate route for operating 66) to junction US. Highway 89 near carrier, by motor vehicle, over regular convenience only, in connection with ap­ Ash Fork, Ariz., thence over U.S. High­ routes, transporting: General commodi­ plicant’s regular-route authority; and way 89 to junction Arizona Highway 71 ties (except those of unusual value, Cl) between Walsenburg, Colo., and at or near Congress, Ariz., thence over classes A and B explosives, household Santa Fe, N. Mex., from Walsenburg Arizona Highway 71 to junction US. goods as defined by the Commission, over Interstate Highway 25 (or U .S. Highway 60 at or near Aguila, Ariz., commodities in bulk, commodities re­ Highway 85) to Santa Fe, serving no thence over U.S. Highway 60 to junction quiring special equipment, and those intermediate points, with service at the Interstate Highway 10 near Quartzsite, injurious or contaminating to other lad­ termini for purpose of joinder only for Ariz., and thence over Interstate High­ ing) , between Lanett, Ala., and Colum­ operating convenience only, as an alter­ way 10 to Los Angeles, and return over bus, Ga., from Lanett over U.S. High­ nate route, in connection with appli­ the same route, as an alternate route for way 29 to Opelika, Ala., thence over com­ cant’s regular-route authority; (3) ex­ operating convenience only, serving no bined U.S. Highways 280 and 431 junc­ plosives, (a) between the junction of intermediate points except for purpose tion to Columbus, Ga.* and return over Interstate Highway 25 and Colorado of joinder only as hereinbefore pro­ the same routes, serving Columbus, Ga.. Highway 14, approximately 4 miles east vided, in connection with applicant’s for purposes of joinder only and serving of Fort Collins, Colo., and Salt Lake regular-route authority; and points in Lee County, Ala., and those in City, Utah, from junction Interstate (e) Between Denver, Colo., and LosChambers County, Ala., on the south of Highway 25 and Colorado Highway 14 Angeles, Calif., from Denver over U.S. Alabama Highway 50 as intermediate over Colorado Highway 14 to Fort Col­ Highway 285 to junction Colorado High­ and off-route points. N ote: If a hearing lins, thence over U,S. Highway 287 to way 112 near Center, Colo., thence over is deemed necessary, applicant requests junction with Interstate Highway 80 Colorado Highway 112 to junction U.S. it be held at Columbus, Ga., or Mont­ and/or US. Highway 30 at or near Highway 160 at or near Del Norte, Colo., gomery, Ga, , _ Rawlins, Wyo., thence over Interstate thence over US. Highway 160 to junction No. MC 61231 (Sub-No. 52), filed Oc­ Highway 80 (and pending completion of U.S. Highway 164 at or near Cortez, tober 8, 1970. Applicant: ACE LINES, Interstate Highway 80, over U.S. High­ Colo., thence over US. Highway 164 to INC., 4143 East 43d Street, Des Moines, way 30) to Salt Lake City and return junction US. Highway 89 approximately Iowa 50317. Applicant’s representative. over the same route, as an alternate 11 miles west of Tuba City, Ariz., thence William L. Fairbank, Ninth Floor, Hub- route for operating convenience only, over US. Highway 89 to junction Ari­ bell Building, Des Moines, Iowa 50309. serving the intermediate point of Echo zona Highway 71 at or near Congress, Authority sought to operate as a com­ Junction, Utah, for purpose of joinder Ariz., thence over Arizona Highway 71 mon carrier, by motor vehicle, over ir­ only, and the intermediate point of Fort to junction U.S. Highway 60 at or near regular routes, transporting: Iron ana Collins, with service at the termini Qf Aguila, Ariz., thence over US. Highway steel articles, from the plantsite ana

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17089 warehouse facilities of North Star Steel No. MC 76266 (Sub-No. 119), filed invert and liquid sugar from Long Island Co. at Newport, Minn., to points in Il­ October 7, 1970. Applicant: ADMIRAL- City, N.Y., to Annapolis, Md. N ote: Ap­ linois, Indiana, Iowa, Kansas, Minne­ MERCHANTS MOTOR FREIGHT, INC., plicant states that the requested au­ sota, Missouri, Nebraska, North Dakota, 2625 Territorial Road, St. Paul, Minn. thority cannot be tacked with its exist­ South Dakota, and Wisconsin. Note: Ap­ 55114. Applicant’s representative: Louis ing authority. If a hearing is deemed plicant states that the requested author­ R. Cemjar (same address as applicant). necessary, applicant does not specify a ity can be tacked with its existing au­ Authority sought to operate as a com­ location. thority but indicates that it has no pres­ mon carrier, by motor vehicle, over reg­ No. MC 83539 (Sub-No. 302), filed Oc­ ent intention to tack and therefore does ular routes, transporting: General com­ tober 8, 1970. Applicant: C & H TRANS­ not identify the points or territories modities (except classes A and B explo­ PORTATION CO., INC., 1936-2010 West which can be served through tacking. sives, household goods as defined by the Commerce Street, Dallas, Tex. 75222. Persons interested in the tacking possi­ Commission, commodities in bulk, and Applicant’s representative: Thomas E. bilities are cautioned that failure to op­ those requiring special equipment), serv­ James, The 904 Lavaca Building, Aus­ pose the application may result in an ing the plantsite of the Western Electric tin, Tex. 78701. Authority sought to op­ unrestricted grant of authority. If a Co., Inc., located at Adams County, erate as a common carrier, by motor hearing is deemed necessary, applicant Colo, (near Northglenn, Colo.), as an vehicle, over irregular routes, transport­ requests it be held at Minneapolis, Minn. off-route point in connection with car­ ing: Compressors and compressor parts No. MC 61592 (Sub-No. 187), filed riers regular-route operations to and and accessories; pulp and paper machin­ October 7, 1970. Applicant: JENKINS from Denver, Colo. N ote: Common con­ ery, plastic injection molding machinery, TRUCK LINE, INC., 3708 Elm Street, trol may be involved. If a hearing is papermill cylinder molds, and parts and Bettendorf, Iowa 52722. Applicant’s rep­ deemed necessary, applicant requests it accessories for the aforenamed commodi­ resentative: R. Connor Wiggins, Jr., be held at Minneapolis, Minn., or Denver, ties, when moving in connection there­ Suite 909, 100 North Main Building, Colo. with, from Nashua, N.H., to points in the Memphis, Tenn. 38103. Authority sought No. MC 78687 (Sub-No. 29), filed Oc­ United States (except New Hampshire to operate as a common carrier, by motor tober 8, 1970. Applicant: LOTT MOTOR and Hawaii). Common control may be vehicle, over irregular routes, transport­ LINES, INC., Route 6 and 92, Rural De­ involved. Note : Applicant states that the ing: Lumber, millwork, and wood prod­ livery No. 4, Tunkhannock, Pa. 18657, requested authority cannot be tacked ucts, from Tunica, Miss., and Memphis, 118 Monell Street, Penn Yan, N.Y. 14527. with its existing authority. If a hearing Tenn., to points in Wisconsin, Illinois, Applicant’s representative: E. Stephen is deemed necessary, applicant requests Indiana, Iowa, Missouri, Ohio, Minne­ Heisley, 705 McLachlen Bank Building, it be held at Washington, D.C. sota, North Dakota, and South Dakota. 666 11th Street NW., Washington, D.C. No. MC 85696 (Sub-No. 7) filed Octo­ Common control may be involved. N ote: 20001. Authority sought to operate as a ber 5, 1970. Applicant: DIAMOND Applicant states that the requested au­ common carrier, by motor vehicle, over FREIGHTWAYS, INC., Box 145, Friend, thority cannot be tacked with its exist­ irregular routes, transporting: Salt and Nebr. 68359. Applicant’s representative: ing authority. If a hearing is deemed salt products, from Myers and Retsof, Charles J. Kimball, 605 South 14th necessary, applicant requests it be held N.Y., to points in Connecticut, Delaware, Street, Post Office Box 2028, Lincoln, at Memphis, Tenn. Indiana, Maine, Maryland, Massachu­ Nebr. 68501. Authority sought to operate No. MC 62110 (Sub-No. 14), filed Oc­ setts, the Lower Peninsula of Michigan, as a common carrier, by motor vehicle, tober 8, 1970. Applicant: BILLINGS New Hampshire, New Jersey, Ohio, Penn­ over irregular routes, transporting: Gen­ TRUCKING CORPORATION, 509 sylvania, Rhode Island, Vermont, Vir­ eral commodities, except those requiring Cherry Street, North Wilkesboro, N.C. ginia, West Virginia, and the District of spepial equipment; (1) between McCool 28659. Applicant’s representative: Columbia. N ote: Applicant states that Junction and Omaha, Nebr., from Mc­ Francis J. Ortman, 1700 Pennsylvania the requested authority cannot be tacked Cool over U.S. Highway 81 to Fairmont, Avenue NW., Washington, D.C. 20006. with its existing authority. Applicant is Nebr., thence over U.S. Highway 6 to Authority sought to operate as a com­ also authorized to operate as a contract Omaha, serving all intermediate points mon carrier, by motor vehicle, over ir­ carrier under MC 2505, therefore, com­ and the off-route points of Cordova, regular routes, transporting: (1) Plastic mon control and dual operations may be Beaver Crossing, and York, Nebr.; (2) products and plastic byproducts (except involved. If a hearing is deemed nec­ between the junction of U.S. Highway 6 in bulk), from the plantsite of Polymer essary, applicant requests it be held at and Nebraska Highway 33 and Lincoln, Processing, Inc., a subsidiary of Broyhill Washington, D.C. Nebr., over Nebraska Highway 33 to Furniture Industries, Inc., at or near No. MC 80428 (Sub-No. 74), filed Sep­ junction U.S. Highway 77, thence over Lenoir, N.C., in Caldwell County to points tember 28, 1970. Applicant: McBRIDE U.S. Highway 77 to Lincoln, serving the TRANSPORTATION, INC., Post Office m Alabama, Florida, Georgia, Kentucky, intermediate point of Crete, Nebr. Note: Tennessee, Virginia, West Virginia, Box 430, Goshen, N.Y. 10924. Applicant’s Applicant states that the requested au­ Pennsylvania, Washington, D.C., South representative: Raymond A. Richards, thority will be joined with regular route Carolina, the New York, N.Y., commer- 23 West Main Street, Webster, N.Y. authority. The purpose of the instant ®iaf zone, Camden and Trenton, N J.; 14580. Authority sought to operate as a application is to convert its certificates Wilmington, Del.; Baltimore, Cumber­ common carrier, by motor vehicle, over of registration to certificates of public land, and Hagerstown, Md.; and (2) ma­ irregular routes, transporting: Liquid convenience and necessity. If a hearing terials, equipment, and supplies used in and invert sugar, corn syrup and blends is deemed necessary, applicant requests tne manufacture of plastic products and of liquid or invert sugar and corn syrup, it be held at Omaha, Nebr. Plastic byproducts (except in bulk), from and flavoring syrups, in bulk, from New Points in Alabama, Florida, Georgia, York, N.Y., and Yonkers, N.Y., to points No. MC 91306 (Sub-No. 16), filed Octo­ Kentucky, Tennessee, Virginia, West Vir- in Maryland, Delaware, and Pennsyl­ ber 8, 1970. Applicant: JOHNSON gmia, Pennsylvania, Washington, D.C., vania (except Williamsport, Milton, Ber­ BROTHERS TRUCKERS, INC., Post oouth Carolina, the New York, N.Y., wick, Hazleton, Kingston, Scranton, and Office Box 530, Elkin, N.C. 28621. Appli­ commercial zone, Camden and Trenton, Wilkes-Barre), and Alexandria, Va. cant’s representative: Francis J. Ort­ man, 1700 Pennsylvania Avenue NW., w i ’ Wilmington, Del., Baltimore, Cum- N ote: Applicant states that the re­ oeriand, and Hagerstown, Md., to quested authority is not requested for Washington, D.C. 20006. Authority Tnf» p*anteite of Polymer Processing, the transportation of (a) blends or mix- sought to operate as a common carrier, times of com syrup and liquid or invert by motor vehicle, over irregular routes, Trisncf subsidiary of Broyhill Furniture transporting: (1) Plastic products and indrSfies’J nc” at or near Lenoir, N.C., sugar, and blends or mixtures of com aldwell County. N ote: Applicant syrup and liquid and invert sugar, in plastic byproducts (except in bulk), from bulk, in tank vehicles, from Long Island the plantsite of Polymer Processing, Inc., states that the requested authority can- a subsidiary of Broyhill Furniture In­ o be tacked with its existing authority. City, N.Y., to Annapolis, Md.; (b) fla­ voring syrup used in the manufacturing dustries, Inc., at or near Lenoir, N.C., . hearing is deemed necessary, appli- of carbonated beverages from Long Is­ in Caldwell County, to points in Dela­ Nc reques^s ^ be beld at Charlotte, land City, N.Y., to Baltimore, Md., and ware, New Jersey, New York, Pennsyl­ Pittsburgh, Pa.; (c) flavoring syrup and vania, the District of Columbia, points in

No. aie----- g 'FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17090 NOTICES that part of Virginia on and east of U.S. hand, over the following routes: (a) Be­ John and/or Stockton, Utah, to Dugway Highway 220 starting at the North Caro­ tween Salt Lake City and Spanish Fork Proving Grounds, together with the lina-Virginia State line to Roanoke and over U.S. Highway 91; (b) Between alternate route from Salt Lake City to that part of Virginia on and east of U.S. Springville and junction of U.S. High­ Timpie, Utah, over Highway U.S. 40, Highway 11 to the Virginia-West Vir­ ways 50 and 6, about 4 miles east of Span­ thence over unnumbered State Highway ginia State line, and points in Maryland ish Pork, over U.S. Highway 50; (c) Be­ to Dugway, and return, with the right to on and east of U.S. Highway 11; and (2) tween Spanish Fork and Thistle over U.S. serve the intermediate point of Timpie, materials, equipment, and supplies used Highway 6; (d) Between Thistle and Utah, and in the manufacture of plastic products Utah-Arizona State line over U.S. High­ (C) Salt: From the plants of Morton and plastic byproducts (except in bulk) way 89, and alternate U.S. Highway 89; Salt Co. at Saltair, Utah, to points and from the destinations points in (1) above (e) Between Salina and, but not includ­ places including and lying between (a) to the plantsite of Polymer Processing, ing, Finery over Utah Highway 10; (f) Fairview and Marysvale and (b) Mona Inc., a subsidiary of Broyhill Furniture Between Spanish Fork and Nephi over and Pigeon Hollow Junction, Utah, over Industries, Inc., at or near Lenoir, N.C., U.S. Highway 91; (g) Between Nephi and U.S. Highway 40 between Saltair and in Caldwell County. N ote: Applicant Pigeon Hollow Junction over Utah High­ Salt Lake City and thence* over U S. states that the requested authority can­ way 11; (h) Between Moroni and Mount Highway 89. No local service shall under not be tacked with its existing authority. Pleasant over Utah Highway 116; (i) this certificate be Tendered between Salt­ If a hearing is deemed necessary, appli­ Between Nephi and Gunnison over U.S. air or Salt Lake City on the hand, and cant requests it be held at Charlotte, N.C. Highway 91 and Utah Highway 28; serv­ points north of Fairview and Mona on No. MC 98964 (Sub-No. 10), filed Octo­ ing all intermediate points and all off- the other hand. N ote: Applicant states ber 14, 1970. Applicant: PALMER route points which are located in San­ that the requested authority can be BROTHERS, INCORPORATED, 1434 pete County, and the off-route points of tacked with its Sub-7 at Richfield, Utah, South Third West, Salt Lake City, Utah Auroro, Sigurd, Venice, Glenwood, Anna- and with its Sub-8 at Nephi, Fillmore, 84115. Applicant’s representative: Harry bella, Austin, and Monroe in Sevier Salina, and Kanab. Applicant requests D. Pugsley, 400 El Paso Gas Building, County; and points between the junction cancellation of certificate of registration Salt Lake City, Utah 84111. Authority of U.S. Highway 89 and Utah Highway simultaneously with grant of a certificate sought to operate as a common carrier, 22, over Utah Highways 22 and 54 to and for the same service. If a hearing is by motor vehicle, over regular and irreg­ including Escalante, and serving Ruby’s deemed necessary, applicant requests it ular routes, transporting: (A) General Inn and all off-route points within 10 be held at Salt Lake City, Utah. commodities (except commodities in miles of U.S. Highway 89 in Kane County. No. MC 99859 (Sub-No. 7), filed Octo­ bulk, household goods as defined by the (10) Between Salt Lake City, Utah, ber 12, 1970. Applicant: ROBERT Commission and commodities requiring and points intermediate between Salt O’NAN, doing business as O’NAN special equipment and handling), (1) Lake City and Sigurd, Utah, on the one TRANSPORTATION COMPANY, Post between Fredonia, Ariz., and Kanab, hand, and points in Wayne County, Utah, Office Box 308, Carrollton, Ky. 41008. Ap­ Utah, over U.S. Highway 89A, (2) be­ on the other, over U.S. Highways 91 and plicant’s representative: Robert M- tween Salt Lake City, Utah, and Fillmore, 89 and Utah Highways 28, 24, and 117, Pearce, Post Office Box E, Bowling Green, Utah, over U.S. Highway 91, serving all serving the off-route points of Burrville, Ky. 42101. Authority sought to operate intermediate points between Levan and Koosharem, and Greenwich on Utah as a common carrier, by motor vehicle, Fillmore, including Levan, (3) between Highway 62 and Fish Lake on Utah High­ over irregular routes, transporting: Salt Lake City and Delta, Utah, serving way 25; and between Green River, Utah, Aluminum pipe or tubing, with or with­ points within the area of Delta extend­ and Hanksville, Utah, over Utah High­ out covering or lining of other materials, ing 50 miles on the west, 32 miles on the way 24, (11) between Richfield, Utah, with or without couplings and other re­ north, 20 miles on the east, 13 miles on and Sigurd, Utah, and all points in lated accessories, from the plantsite of the south of Delta, as follows: (a) Be­ Wayne County, Utah; and between all 3helps-Dodge Aluminum Corp. at or tween Salt Lake City and Santaquin over points in Wayne County over U.S. High­ lear Carrollton, Ky., to points in Ala- U.S. Highway 6, (b) between Salt Lake way 89 and Utah Highways 28, 24, and jama, Florida, Georgia, Illinois, Indiana, City and Holden over U.S. Highway 91, 117; also serving the off-route points of Kansas, Louisiana, Maine, Maryland, thence to Delta over Utah Highway 26, Burrville, Koosharem, and Greenwich on Massachusetts, Michigan, Minnesota, (c) between Salt Lake City and Nephi, Utah Highway 62 and Fish Lake on Utah Mississippi, Missouri, New Jersey, New over Highway 91, thence to Delta over Highway 25; also serving between Green fork, North Carolina, Ohio, Pennsyl­ Utah Highways 132 and 148, and return River, Utah, and Hanksville, Utah, over vania, South Carolina, Tennessee, Texas, over the same route, serving all inter­ Utah Highway 24; also the right to use /irginia, West Virginia, and Wisconsin. mediate points and the off-route point Utah Highways 50 and 24 as an alternate Note: Applicant states that the re- of Jericho, Utah, (4) between Salt Lake route in serving points in Wayne County, luested authority cannot be tacked to its City, Utah, and Silver City, Utah, over particularly Hanksville, in case of emer­ existing authoi’ity. If a hearing is deemea U.S. Highway 91 to Santaquin, Utah, gency only, such emergency being an lecessary, applicant requests it be he and U.S. Highway 6 from Santaquin, event which would make the use of Utah it Nashville, Tenn. Utah, to Silver City, Utah, and all inter­ Highway 24 between U.S. Highway 89 No. MC 105457 (Sub-No. 71) .filed[Oc­ mediate points between Payson, Utah, and points to be served by applicant im­ tober 12, 1970. Applicant: THURSTON and Silver City, Utah, (5) between Pay- passable. Over irregular routes between MOTOR LINES, INC., 600 Johnston son, Utah, and Santaquin, Utah, over all points and places in Kane, Garfield, Road, Post Office Box 10638, Charlotte. U.S. Highway 91, serving all intermediate Sevier, Piute, Millard, and Juab Counties N.C. 28201. Applicant’s representative. points, (6) between Santaquin, Utah, and in Utah: Provided, however, That such J V. Luckadoo (same address as appli­ Jericho, Utah, serving all intermediate service is restricted against transporta­ cant) . Authority sought to operate as a points, over U.S. Highway 6, service to tion service to all points situated on U.S. common carrier, by motor vehicle, off-route points south of Payson, Utah. Highway 91 or Interstate 15 in Millard irregular routes, transporting. (7) Between Delta, Utah, and theCounty south of the town of Fillmore. fiberboard, wood fiberboard face Utah-Nevada State line, over U.S. High­ (B) Coal: Over regular routes from Salt finished with decorative and/or protec­ way 6, serving all off-route points 25 Lake City, Utah, to Dugway, Utah, as tive material, and accessories and sup miles on either side of said Highway 6, follows: From Salt Lake-City to Mills plies used in the installation thereof, (8) between Salt Lake City, Utah, and Junction, Tooele County, over U.S. High­ from the plant and warehouse sites oi Provo, Utah, over U.S. Highway 91, serv­ way 40, from Mills Junction to the inter­ Evans Products Co., at or near Dowell, ing all intermediate points in Utah section of the road going to St. John and Va., to points in Alabama, Arkansas, County, (9) between Salt Lake City, Utah Highway 36 over said Highway 36; Florida, Georgia, Kentucky Louisiana, Utah, on the one hand, and points and thence to St. John, Utah, over Utah Mississippi, North C a ^ U n a ^ u ^ C W ^ places including and lying between (a) Highway 58; thence to Dugway, Utah, Lina, Tennessee, and West v is over Army access road, and return, to­ Note: Applicant states that tne Fairview and Kanab and (b) Mona and quested authority cannot be tacked Pigeon Hollow Junction on the other gether with service from railroad at St.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17091 its existing authority. Applicant also Applicant: REDWING CARRIERS, INC, ington, Scott, Lee, Russell, Wise, and states that it now holds- common carrier Post Office Box 426, Tampa, Fla. 33601. Dickerson Counties, Va.; and (2) mate­ authority to serve all points in North Applicant’s representative: J. V. McCoy rials, equipment, and supplies used in the Carolina, Tennessee, Virginia, Georgia, (same address as applicant). Authority manufacture of plastic products and and points in Russell County, Ala., sought to operate as a common carrier, plastic byproducts (except in bulk), from through certain gateways. The purpose by motor vehicle, over irregular routes, points in Tennessee, Missouri, and points of this application is to require author­ transporting: General commodities, in in Washington, Scott, Lee, Russell, Wise, ity to serve points in States not author­ cargo containers, mounted or not and Dickerson Counties, Va, to the ized to be served and to eliminate Gate­ mounted, and empty cargo containers, plantsite of Polymer Processing, Inc, a way restriction. If a hearing is deemed mounted or not mounted, between Port subsidiary of Broyhill Furniture Indus­ necessary, applicant requests it be held Everglades (Broward County), Fla., on tries, Inc, at or near Lenoir, N.C, in at Washington, D.C., or Charlotte, N.C. the one hand, and, on the other, points Caldwell County. N ote: Applicant states in Florida, restricted to traffic having a that the requested authority cannot be No. MC 107010 (Sub-No. 41), filed Oc­ tacked with its existing authority. If a tober 5, 1970. Applicant: BULK CAR­ prior or subsequent movement by water. N ote: Applicant states that the re­ hearing is deemed necessary, applicant RIERS, INC., Auburn, Nebr. 68305. requests it be held at Charlotte, N.C. Applicant’s representative: Charles J. quested authority cannot be tacked with Kimball, 605 South 14th Street, Lincoln, its existing authority. Common control No. MC 111812 (Sub-No. 410), filed Nebr. 68501. Authority sought to operate may be involved. The purpose of this re­ October 7, 1970. Applicant: MIDWEST as a common carrier', by motor vehicle, publication is to show the correct docket COAST TRANSPORT, INC, 405 y2 East over irregular routes, transporting: number assigned to this case, No. MC Eighth Street, Post Office Box 1233, Petroleum products, from Kansas City, 111045 (Sub-No. 72), in lieu of No. MC Sioux Falls, S. Dak. 57101. Applicant’s Kans.-Kansas City, ,Mo„ commercial 119778 (Sub-No. 125), which was in error. representative: Donald L. Stem, 630 zone, Eldorado, Kans., Augusta, Kans., If a hearing is deemed necessary, appli­ City National Bank Building, Omaha, Fhillipsburg, Kans., and Salina, Kans., cant requests it be held at Miama or Nebr. 68102. Authority sought to operate to points in Iowa and Nebraska. N ote: Tampa, Fla. as a common carrier, by motor vehicle, Applicant states that the requested au­ No. MC 111548 (Sub-No. 10), filed over irregular routes, transporting: (1) thority cannot be tacked with is existing October 8, 1970. Applicant: SHARPE Whipped toppings and coffee whiteners authority. If a hearing is deemed neces­ MOTOR LINES, INC., Post Office Box from Dearborn, Mich, to points in sary, applicant requests it be held at 517, Hildebran, N.C. 28637. Applicant’s Washington, Oregon, and Idaho; and Kansas City, Mo., or Omaha, Nebr. representative: Francis J. Ortman, 1700 (2) frozen bakery products, from No. MC 109397 (Sub-No. 241), filed Pennsylvania Avenue NW, Washington, Lavonia, Mich, to points in Washington, October 12,1970. Applicant: TRI-STATE D.C. 20006. Authority sought to operate Oregon, Idaho, Montana, California, MOTOR TRANSIT CO., a corporation, as a common carrier, by motor vehicle, North Dakota, South Dakota, and Ne­ Post Office Box 113, Joplin, Mo. 64801. over irregular routes, transporting: (1) braska. N ote: Common control may be Applicant’s representatives: A. N. Jacobs Plastic products and plastic "byproducts involved. Applicant states that the re­ (same address as applicant), and Wil­ (except in bulk) from the plantsite of quested authority cannot be tacked with burn L. Williamson, 600 Leininger Build­ Polymer Processing, Inc, a subsidiary of its existing authority. If a hearing is ing, Oklahoma City, Okla. 73112. Author­ Broyhill Furniture Industries, Inc, at or deemed necessary, applicant states that ity sought to operate as a common near Lenoir, N.C, in Caldwell County, to lie has no preference to location. carrier, by motor vehicle, over irregular points in New York, Pennsylvania, New No. MC 113267 (Sub-No. 247), filed routes, transporting: Filters and filter Jersey, Illinois, Ohio, Indiana, West Vir­ October 12, 1970. Applicant: CENTRAL parts, from Whittier, Calif., to points in ginia, Kentucky, Michigan, Connecticut, & SOUTHERN TRUCK LINES, INC, the United States (except Hawaii). Rhode Island, Massachusetts, New 312 West Morris Street, Caseyville, HI. Note: Applicant states that the re­ Hampshire, that portion of Maryland 62232. Applicant’s representative: quested authority cannot be tacked with north of the Chesapeake Bay and Dela­ Lawrence A. Fischer (same address as its existing authority. Applicant holds ware Canal and west of Elk River and applicant). Authority sought to operate contract carrier authority under MC the Chesapeake Bay, those in Virginia as a common carrier, by motor vehicle, 128814 (Sub-No. 5), therefore, dual oper­ west of Chesapeake Bay, the District of over irregular routes, transporting: Bags ations and common control may be Columbia, and Wilmington, Del.: and (2) and wrapping paper, from Crossett, Ark, involved. If a hearing is deemed neces­ materials, equipment, and supplies used to points in Oklahoma and Texas. N ote: sary, applicant requests it be held at Los in the manufacture of plastic products Applicant states that the requested au­ Angeles, Calif. and plastic byproducts (except in bulk), thority cannot be tacked with its exist­ No. MC 110525 (Sub-No. 987), filed from the destinations listed in (1) above ing authority. Common control may be October 8, 1970. Applicant: CHEMICAL to the plantsite of Polymer Processing, involved. If a hearing is deemed neces­ LEAMAN TANK LINES, INC., 520 East Inc, a subsidiary of Broyhill Furniture sary, applicant requests it be held at Lancaster Avenue, Downingtown, Pa. Industries, Inc, at or near Lenoir, N.C, Chicago, HI, or St. Louis, Mo. 19335. Applicant’s representatives: in Caldwell County. N ote: Applicant No. MC 113678 (Sub-No. 404), filed jmomas J. O’Brien (same address as ap­ states that the requested authority can­ October 12, 1970. Applicant: CURTIS, plicant) , and Leonard A. Jaskiewicz, not be tacked with its existing authority. INC, Post Office Box 16004, Stockyards Suite 501, 1730 M Street NW„ Washing­ If a hearing is deemed necessary, appli­ Station, Denver, Colo. 80216. Applicant’s ton D.C. 20036. Authority sought to op­ cant requests it be held at Charlotte, representatives: Duane W. Acklie and erate as a common carrier, by motor ve- N.C. Richard Peterson, Post Office Box 806, rncle, over irregular routes, transporting: No. MC 115793 (Sub-No. 12), filed Lincoln, Nebr. 68501. Authority sought c/iemicaZs, in bulk, in tank vehicles, from October 8, 1970. Applicant: CALDWELL to operate as a common carrier, by mo­ ■Toledo, Ohio, and Detroit, Mich., to FREIGHT LINES, INC, Post Office Box tor vehicle, over irregular routes, trans­ Points in Indiana, Michigan, and Ohio, 372, U.S. Highway 321 South, Lenoir, N.C. porting: Meats, meat products, meat n+Ji • trafflc having an immedi­ 28645. Applicant’s representative: Fran­ byproducts, and articles distributed by ately prior movement by rail. N ote: Ap- cis J. Ortman, 1700 Pennsylvania Ave­ meat packinghouses, as described in fta^ s that requested authority nue NW, Washington, D.C. 20006. Au­ sections A and C of appendix I to the ^ tacked with its existing au- thority sought to operate as a common report in Descriptions in Motor Carrier armii * a bearing is deemed necessary, carrier, by motor vehicle, over irregular Certificates, 61 M.C.C. 209 and 766, from routes, transporting: (1) Plastic products Scottsbluff, Nebr, to points in Connecti­ 2 n D c ^ t 8 ^ be held at Wash“ and plastic byproducts (except in bulk), cut, Delaware, Maine, Maryland, Massa­ tion!' mCA11045 (Sub-No. 72) (Correc- from the plantsite of Polymer Process­ chusetts, New Hampshire, New Jersey, Pedera? 5 September 25.1970, published ing, Inc, a subsidiary of Broyhill Furni­ New York, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and 1970^£i*RES STER’ 188116 of October 15, ture Industries, Inc, at or near Lenoir, a n d r ^ K r^ 0- MC 119778 Sub No. 125, N.C, in Caldwell County, to points in the District of Columbia, restricted to republished as corected, this issue. Tennessee, Missouri, and points in Wash­ the transportation of traffic originating

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17092 NOTICES at Scottsbluff, Nebr., and destined to the on and north of a line beginning at the Kansas, Kentucky, Michigan, Minnesota, above-specified destinations. N ote: If a New York-Massachusetts State line and Missouri, North Dakota, Nebraska, Ohio, hearing is deemed necessary, applicant extending west along U.S. Highway 20 South Dakota, Wisconsin, and Wyoming, requests it be held at Denver, Colo. to Albany, N.Y., thence along New York to Spencer, Hartley, and Cherokee, Iowa, No. MC 113678 (Sub-No. 405), filed Highway 5 to the southern corporate Schuyler and Fremont, Nebr., Sioux October 12, 1970. Applicant: CURTIS, limits of Buffalo, N.Y., and thence west Falls, S. Dak., and Minneapolis and INC., Post Office Box 16004, Stockyards along the southern corporate limits of Worthington, Minn., restricted to the Station, Denver, Colo. 80216. Applicant’s Buffalo, N.Y., to Lake Erie and to the transportation of traffic destined to the representatives: Duane W. Acklie and plantsite of Polymer Processing, Inc., a plantsites of or warehouse and storage Richard Peterson, Post Office Box 806, subsidiary of Broyhill Furniture Indus­ facilities utilized by Spencer Foods, Inc. Lincoln, Nebr. 68501. Authority sought tries, Inc., at or near Lenoir, N.C., in The operations in (1) and (2) above are to operate as a common carrier, by mo­ Caldwell County. N ote : Applicant states restricted to those performed under con­ tor vehicle, over irregular routes, trans­ that the requested authority cannot be tinuing contract or contracts with Spen­ porting: Animal feed (except in bulk), tacked with its existing authority. If a cer Foods, Inc. N ote: If a hearing is from the storage facilities of Lipton Pet hearing is deemed necessary, applicant deemed necessary, applicant requests it Poods, Inc., at or near New Orleans, La., requests it be held at Charlotte, N.C. be held at Omaha, Nebr., or Minneapolis, to points in Illinois, Wisconsin, Min­ No. MC 114389 (Sub-No. 14), filed Minn. nesota, Iowa, Nebraska, Missouri, Kan­ October 9, 1970. Applicant: GALE B. No. MC 115311 (Sub-No. 114), filed sas, Colorado, Oregon, Washington, ALEXANDER, 120 South Ward Street, October 9, 1970. Applicant: J & M California, Utah, Texas, Oklahoma, Ottumwa, Iowa 52501. Applicant’s rep­ TRANSPORTATION CO., INC., Post South Dakota, New Mexico, North Da­ resentative: Kenneth F. Dudley, 611 Office Box 488, Milledgeville, Ga. 31061. kota, Montana, Wyoming, Arizona, Church Street, Ottumwa, Iowa 52501. Applicant’s representative: Paul M. Nevada, and Idaho. N ote: Applicant Authority1 sought to operate as a con­ Daniell, 1600 First Federal Building, At­ states that the requested authority can­ tract carrier by motor vehicle, over ir­ lanta, Ga. 30303. Authority sought to op­ not be tacked with its existing author­ regular routes, transporting: (1) Car erate as a common carrier, by motor ity. If a hearing is deemed necessary, crushers, office machine crushers, motor vehicle, over irregular routes, transport­ applicant requests it be held at New block breakers, engine pullers, and re­ ing: Gypsum, gypsum products, and Orleans, La., or Denver, Colo. lated parts and accessories, from the building materials (except liquid com­ No. MC 114028 (Sub-No. 18), filed plantsite and facilities of Al-Jon, Inc., modities in bulk) from the plantsite and October 13, 1970. Applicant: ROWLEY near Ottumwa, Iowa, to points in the storage facilities of the United States INTERSTATE TRANSPORTATION United States (except Alaska and Ha­ Gypsum Co. at New Orleans, La., to COMPANY, INC., 1717 Maple Street, waii) ; and (2) motor and engine puller points in Alabama, Florida, Georgia, Dubuque, Iowa 52001. Applicant’s repre­ tractors from Omaha, Nebr., to the Louisiana, Mississippi, and Tennessee. sentative: Wilmer B. Hill, 705 McLachlen plantsite and facilities of Al-Jon, Inc., N ote : Applicant states that the requested Bank Building, 666 11th Street NW., near Ottumwa, Iowa, under contract authority cannot be tacked with its ex­ Washington, D.C. 20001. Authority with Al-Jon, Inc. N ote: If a hearing is isting authority. If a hearing is deemed sought to operate as a common carrier, deemed necessary, applicant requests it necessary, applicant requests it be held by motor vehicle, over irregular routes, be held at Des Moines, Iowa, or Chicago, at New Orleans, La., or Atlanta, Ga. transporting: Dairy products between 111. No. MC 115322 (Sub-No. 80), filed Oc­ Dubuque, Iowa, on the one hand, and, on No. MC 114734 (Sub-No. 21), filed tober 14, 1970. Applicant: REDWING the other, points in Connecticut, Maine, October 9, 1970. Applicant: D AND J REFRIGERATED, INC., Post Office Box Maryland, Massachusetts, New Hamp­ TRANSFER CO., a corporation, Sher- 1698, 2939 Orlando Drive, Sanford, Fla. shire, New Jersey, New York, Pennsyl­ bum, Minn. 56171. Applicant’s repre­ 32771. Applicant’s representative: David vania, Rhode Island, Vermont, and the sentative: Richard A. Peterson, 521 C. Venable, 701 Washington Building, District of Columbia. N ote: Applicant South 14th Street, Post Office Box 80806, 15th and New York Avenue NW., Wash­ states that the requested authority can­ Lincoln, Nebr. 68051. Authority sought ington, D.C. 20005. Authority sought to not be tacked with its existing authority. to operate as a contract carrier, by motor operate as a common carrier, by motor If a hearing is deemed necessary, appli­ vehicle, over irregular routes, transport­ vehicle, over irregular routes, transport­ cant requests it be held at Chicago, HI. ing: (1) Meats, meat products, and meat ing: Frozen foods, from the plantsite and No. MC 114084 (Sub-No. 15), filed byproducts and articles distributed by v storage facilities of Pet, Inc., Frozen October 8, 1970. Applicant: S AND S meat packinghouses as described in sec­ Foods Division at or near Allentown and TRUCKING COMPANY, a corporation, tions A and C of appendix I to the report Chambersburg, Pa., to points in North 118 South Oakland Avenue, Statesville, in Descriptions in Motor Carrier Certifi­ Carolina and South Carolina. Note: Ap­ N.C. 28677. Applicant’s representative: cates, 61 M.C.C. 209 and 766 (except plicant states that the requested author­ Francis J. Ortman, 1700 Pennsylvania hides and commodities in bulk, in tank ity can be tacked with its existing Avenue NW., Washington, D.C. 20006. vehicles); (a) from Spencer, Iowa, to authority but indicates that it has no Authority sought to operate as a common points in Indiana, Kansas, Kentucky, present intention to tack and therefore carrier, by motor vehicle, over irregular Michigan, Missouri, North Dakota, Ohio, does not identify the points or territories routes, transporting: (1) Plastic prod­ South Dakota, and Wyoming; (b) from which can be served through tacking. ucts and plastic "byproducts (except in Sioux Falls, S. Dak., to points in Indiana, Persons interested in the tacking possi­ bulk), from the plantsite of Polymer Iowa, Kansas, Kentucky, Michigan, Mis­ bilities are cautioned that failure to op­ Processing, Inc., a subsidiary of Broy- souri, North Dakota, Ohio, South Dakota, pose the application may result in an hill Furniture Industries, Inc., at nr near and Wyoming; (c) from warehouse and unrestricted grant of authority. Appli" Lenoir, N.C., in Caldwell County to storage facilities utilized by Spencer cant further states that no duplicating points in Maine, New Hampshire, and Foods, Inc., at Fremont, Nebr., to points authority is being sought. Common con- Vermont, and points in New York on and in Illinois, Indiana, Iowa, Kansas, Ken­ trol may be involved. If a hearing is north of a line beginning at the New tucky, Michigan, Minnesota, Missouri, deemed necessary, applicant requests i York-Massachusetts State line and ex­ North Dakota, Ohio, South Dakota, Wis­ be held at Washington, D.C. tending west along U.S. Highway 20 to consin, and Wyoming; (d) from ware­ No. MC 115491 (Sub-No. 120), filed Albany, N.Y., thence along New York house storage facilities utilized by Spen­ October 14, 1970. Applicant: COMMER­ Highway 5 to the southern corporate cer Foods, Inc., at Worthington, Minn., CIAL CARRIER CORPORATION, 502 limits of Buffalo, N.Y., thence west along to points in Illinois, Indiana, Iowa, Kan­ East Bridgers Avenue, Post Office Drawer the southern corporate limits of Buffalo, sas, Kentucky, Michigan, Missouri, North 67, Aubumdale, Fla. 33823. Applicant N.Y., to Lake Erie; and (2) materials, Dakota, Nebraska, Ohio, South Dakota, representative: Tony G. Russell (same equipment, and supplies used in the Wisconsin, and Wyoming; and (2) such address as applicant). Authority soU® manufacture of plastic products and commodities as are used by meatpackers to operate as a common carrier, by motoi plastic byproducts (except in bulk), in the conduct of their businesses when vehicle, over irregular routes, transport­ from points in Maine, New Hampshire, destined to and for use by meatpackers, ing ir Plywood, molding and accesso _ and Vermont, and points in New York from points in Illinois, Indiana, Iowa, used in the installation of plywood when

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17093 moving in the same vehicle with ply­ passenger automobiles, in initial move­ FROST, Post Office Box 28, Billings, wood, from points in Manatee County, ments, and buildings complete or in sec­ Mont. 59103. Authority sought to operate Fla., to points in Florida. N ote: Appli­ tions, from points in Morgan County, as a common carrier, by motor vehicle, cant states that the requested authority Ala., to points in the United States (ex­ over irregular routes, transporting: Such cannot be tacked with its existing au­ cept Alaska and Hawaii). N ote: Appli­ commodities, as are used by meat pack­ thority. Common control may be in­ cant states that the requested authority inghouses in the conduct of their busi­ volved. If a hearing is deemed necessary, cannot be tacked with its existing au­ ness (except m eat), from points in Mich­ applicant requests that it be held at thority. If a hearing is deemed necessary, igan, Ohio, Indiana, Missouri, Arkansas, Tampa, Fla. applicant requests it be held at Birming­ Texas, Oklahoma, Minnesota, Kansas, No. MC 115491 (Sub-No. 121), filed ham, Ala. Colorado, Illinois, Wisconsin, Iowa, Ne­ October 14, 1970. Applicant: COMMER­ No. MC 116519 (Sub-No. 11), filed Oc­ braska, North Dakota, and South Dakota CIAL CARRIER CORPORATION, 502 tober 14, 1970. Applicant: FREDERICK to points in Montana. N ote: Applicant East Bridgers Avenue, Post Office Drawer TRANSPORT LIMITED, Rural Route 6, states that the requested authority can 67, Auburndale, Fla. 33823. Applicant’s Chatham, Ontario, Canada. Applicant’s be tacked with its existing authority at representative: Tony G. Russell (same representative: S. Harrison Kahn, Suite Montana, but indicates that it has no address as applicant). Authority sought 733, Investment Building, Washington, present intention to tack. Persons inter­ to operate as a common carrier, by motor D.C. 20005. Authority sought to operate ested in the tacking possibilities are cau­ vehicle, over irregular routes, transport­ as a common carrier, by motor vehicle, tioned that failure to oppose the appli­ ing: Commodities, in bulk, having an im­ over irregular routes, transporting: Fer­ cation may result in an unrestricted mediately prior or immediately subse­ tilizer and fertilizer materials, from grant of authority. If a hearing is deemed quent movement by rail, between paints Maumee and Toledo, Ohio, to ports of necessary, applicant requests that the in Orange County, Fla., on the one hand, entry along the United States-Canada hearing be held at Chicago, HI. and on the other, points in Florida. boundary line along the St. Clair, De­ No. MC 118959 (Sub-No. 92), filed Oc­ Note: Applicant states that the requested troit, and Niagara Rivers. Restriction: tober 7, 1970. Applicant: JERRY LIPPS, authority cannot be tacked with its ex­ The traffic involved here is restricted to INC., 130 South Frederick Street, Cape isting authority. Applicant also states foreign commerce only. N ote : If a hear­ Girardeau, Mo. 63701. Authority sought that no duplicate authority is sought. ing is deemed necessary, applicant re­ to operate as a common carrier, by motor Common control may be involved. If a quests that it be held at Washington, vehicle, over irregular routes, transport­ hearing is deemed necessary, applicant D.C., or Detroit, Mich. ing: Plastic pipe, cement asbestos pipe, requests that it be held at Tampa, Fla. No. MC 116544 (Sub-No. 118), filed fittings, compounds, joint sealer, bond­ No. MC 115669 (Sub-No. 116), filed October 12, 1970. Applicant: WILSON ing cement, plastic siding, and materials October 12, 1970. Applicant: HOWARD BROTHERS TRUCK LINE, INC., 700 and supplies used in the installation of N. DAHLSTEN, doing business as East Fairview Avenue, Carthage, Mo. plastic and plastic products, between DAHLSTEN TRUCK LINE, Post Office 64836. Applicant’s representative: Rob­ Social Circle, Ga., on the one hand, and, Box 95, Clay Center, Nebr. 68933. Appli­ ert Wilson (same address as above). Au­ on the other, points in Alabama, Connec­ cant's representative: Donald L. Stern, thority sought to operate as a common ticut, Delaware, Illinois, Indiana, Kan­ 630 City National Bank Building, Omaha, carrier, by motor vehicle, over irregular sas, Maryland, Massachusetts, Michigan, Nebr. 68102. Authority sought to oper­ routes, transporting: Dairy products, as Nebraska, New Jersey, New York, North ate as a common carrier, by motor ve­ described in sections B of appendix I to Carolina, North Dakota, Ohio, Okla­ hicle, over irregular routes, transporting: the report in Descriptions in Motor Car­ homa, Pennsylvania, Rhode Island, Dry fertilizer and dry fertilizer materi­ rier Certificates, 61 M.C.C. 209 and 766, South Carolina, South Dakota, and West als, from Fairbury, Nebr., to points in between Mansfield, Mo., on the one Virginia. N ote: Applicant presently Iowa, Kansas, and Missouri, restricted to hand, and, on the other, points in Ken­ holds contract carrier authority under the transportation of traffic originating tucky, Tennessee, Indiana, and Illinois. its No. MC 125664, therefore dual opera­ at Fairbury, Nebr., and destined to the N ote: Applicant states that the re­ tions may be involved. Applicant states States specified above. Note: If a hear­ quested authority can be tacked with its it intends to tack the requested authority ing is deemed necessary, applicant re­ existing authority at Mansfield, Mo., to with its existing authority, but does not quests it be held at Omaha or Lincoln, serve points in Missouri, Arkansas, Ok­ identify the points or territories which Nebr. lahoma, and Kansas. Persons interested can be served through tacking. Persons No. MC 116073 (Sub-No. 140), fili in the tacking possibilities are cautioned interested in the tacking possibilities are October 12, 1970. Applicant: BARRET that failure to oppose the application cautioned that failure to oppose the ap­ MOBILE HOME TRANSPORT, INC may result in an unrestricted grant of plication may result in an unrestricted 1825 Main Avenue, Post Office Box 91 authority. If a hearing is deemed neces­ grant of authority. If a hearing is deemed Moorhead, Minn. 56560. Applicant’s rei sary, applicant requests it be held at necessary, applicant requests it be held resentative: Robert G. Tessar (same at Louisville, Ky., or Indianapolis, Ind. at Atlanta, Ga., or St. Louis, Mo. flrep as above). Authority sought to oi No. MC 118159 (Sub-No. 104), filed No. MC 118989 (Sub-No. 55), filed Oc­ crate as a common carrier, by motor v< October 12, 1970. Applicant: EVERETT tober 12, 1970. Applicant: CONTAINER nicle, over irregular routes, transporting LOWRANCE, INC., 4916 Jefferson High­ TRANSIT, INC., 5223 South Ninth rauers designed to be drawn by pa* way, New Orleans, La. 70121. Applicant’s Street, Milwaukee, Wis. 53211. Appli­ automobiles, in initial movement representative: David D. Brunson, 419 cant’s representative: Albert A. Andrin, and bttzZdmgrs complete or in section Northwest Sixth Street, Oklahoma City, 29 South La Salle Street, Chicago, HI. irom points in Douglas County, Kans., 1 Okla. 73102. Authority sought to operate 60603. Authority sought to operate as a 5S2? £ \ the United States (includir as a common carrier, by motor vehicle, common carrier, by motor vehicle, over SS5"^excepting Hawaii). N ote : Ai over irregular routes, transporting: Ani­ irregular routes, transporting: Plastic states that the requested autho: mal feed (except in bulk), from storage products, from Portland, Ind., to points tacked with its existing ai facilities of Lipton Pet Foods, Inc., at or in Arkansas, Hlinois, Kentucky, Michi­ sarw a bearing is deemed necei near New Orleans, La., to points in Ten­ gan, Ohio, Mississippi, Tennessee, Vir­ nessee, Kentucky, Indiana, Illinois, Wis­ ginia, West Virginia, Alabama, Georgia, K JS S 3S ,~ “ 66 hem ' consin, Minnesota, Iowa, Missouri, Texas, South Carolina, Pennsylvania, Wiscon­ r J J S J 116073 (Sub-No. 141), file Oklahoma, Kansas, Nebraska, South Da­ sin, Missouri, Iowa, Minnesota, North MOBnV2wi?!?0, Applicant: BARRET kota, North Dakota, and Colorado. N ote : Carolina, Florida, and New York. N ote: IR????®- HOME TRANSPORT, INC Applicant states that the requested au­ Applicant states that the requested au­ S r h S f A™enUe’ P°St ° fflce Box 91 thority cannot be tacked with its exist­ thority cannot be tacked to its existing J S S J S L Mllln- 56560. Applicant ing authority. If a hearing is deemed authority. If a hearing is deemed neces­ a X i k: Rf bert G- Tessar (san necessary, applicant requests it be held at sary, applicant requests it be held at operate 5bove> • Authority sought 1 Dallas, Tex.; Oklahoma City, Okla.; Chicago, HL, or Milwaukee, Wis. vehicle ¡¡La .common carrier, by mot< Washington, D.C., or New Orleans, La. No. MC 119767 (Sub-No. 250), filed hie* T r a Z ^ ™ routes> transpon No. MC 118288 (Sub-No. 37), filed Oc­ October 12, 1970. Applicant: BEAVER s. Trailers designed to be drawn t tober 9, 1970. Applicant: STEPHEN F. TRANSPORT CO., a corporation. Post

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17094 NOTICES

Office Box 188, Pleasant Prairie, Wis. one location on any one day. N ote: Ap­ District of Columbia. The purpose of this 53148. Applicant’s representative: A. plicant states that the requested author­ republication is to reflect conduit fittings Bryant Torhorst (same address as appli­ ity cannot be tacked with its existing in the commodity descriptions. N ote: cant) . Authority sought to operate as a authority. It further states no duplicat­ Applicant states that the requested au­ common carrier, by motor vehicle, over ing authority is being sought. Applicant thority cannot be tacked with its existing irregular routes, transporting: Foodstuffs has pending in MC 135000 an applica­ authority. If a hearing is deemed neces­ from Rochelle, De Kalb, and Mendota, tion for contract carrier authority. Com­ sary, applicant requests it be held at HI., to points in Indiana, Kentucky, mon control and dual operations may be Pittsburgh, Pa., or Washington, D.C. Michigan, and Ohio. N ote: Applicant involved. If a hearing is deemed neces­ No. MC 123294 (Sub-No. 20) (Correc­ states that the requested authority can sary, applicant requests it be held at tion) filed October 1, 1970, published be tacked with its existing authority but Denver, Colo. F ederal R egister issue of October 29, indicates that it has no present intention No. MC 123048 (Sub-No. 181) (Cor­ 1970, corrected and republished as cor­ to tack and therefore does not identify rection) , filed October 2, 1970, published rected, this issue. Applicant: WARSAW the points or territories which can be in the F ederal R egister issue of Octo­ TRUCKING CO., INC., 1102 West served through tacking. Persons inter­ ber 29, 1970, and republished, as cor­ Winona Avenue, Post Office Box 784, ested in the tacking possibilities are cau­ rected, this issue. Applicant: DIAMOND Warsaw, Ind. Applicant’s representative: tioned that failure to oppose the appli­ TRANSPORTATION SYSTEM, INC., Martin J. Leavitt, 1800 Buhl Building, cation may result in an unrestricted 1919 Hamilton Avenue, Racine, Wis. Detroit, Mich. 48226. Authority sought to grant of authority. If a hearing is 53401. Applicant’s representatives: Paul operate as a common carrier, by motor deemed necessary, applicant requests it C. Gartzke, 121 West Doty Street, Madi­ vehicle, over irregular routes, transport­ be held at Chicago, 111., or Milwaukee, son, Wis. and Paul L. Martinson (same ing: (1) Paper mill products, from points Wis. address as applicant). Authority sought in Miami, Champaign, Montgomery and No. MC 119789 (Sub-No. 40) (Correc­ to operate as a common carrier, by motor Warren Counties, Ohio, to Milwaukee, tion), filed October 2, 1970, published vehicle, over irregular routes, transport­ Racine, and Beloit, Wis.; St. Louis, Mo.; in the F ederal R egister issue of Oc­ ing: (1) Snowmobile chassis and parts points in Michigan on and south of Mich­ tober 29, 1970, and republished in part of snowmobile chassis, from ports of en­ igan Highway 21; that part of Hlinois as corrected this issue. Applicant: CAR­ try on the United States-Canada bound­ on and north of US. Highway 40; and AVAN REFRIGERATED CARGO, INC., ary at Detroit and Port Huron, Mich., to that part of Indiana on and north of U.S. Post Office Box 6188, Dallas, Tex. 75222. points in Calumet County, Wis., re­ Highway 40; (2) materials and supplies Applicant’s representative: James T. stricted to foreign commerce; and, (2) used in the manufacture of paper mill Moore (same address as applicant). (a) lawn and garden equipment; (b) products, on return. N ote: Applicant N ote: The sole purpose of this partial snow throwers; (c) snowmobiles; (d) states that the requested authority can­ republication is to add the States of New attachments for the commodities de­ not be tacked with its existing authority. York and Maryland to the destination scribed in (a) through (c) above; and The purpose of this republication is to territory, which States were inadvert­ (e) parts for the commodities described include a portion of the territorial de­ ently omitted in the previous publication. in (a) through (d) above, from points scription in (1) above, which was inad­ The rest of the application remains as in Calumet County, Wis., to points in vertently omitted from previous publica­ previously published. the United States (except Alaska and tion. If a hearing is deemed necessary, No. MC 120872 (Sub-No. 6), filed Oc­ Hawaii). Note : Applicant states that the applicant requests it be held at Wash­ tober 14, 1970. Applicant: COLORADO requested authority can be tacked with ington, D.C. CARTAGE COMPANY, INC., 5275 Que­ its existing authority but indicates that No. MC 123392 (Sub-No. 27) (Amend­ bec Street, Mail: Post Office Box 7176, it has no present intention to tack and ment) , filed September 10, 1970, pub­ Park Hill Station, Denver, Colo. 80207, therefore does not identify the points lished in the F ederal R egister issue of Commerce City, Colo. 80022. Applicant’s or territories which can be served October 1, 1970, and republished as representative: Edward T. Lyons, Jr., through tacking. Persons interested in amended this issue. Applicant: JACK B. 420 Denver Club Building, Denver, Colo. the tacking possibilities are cautioned KELLEY, INC., 3801 Virginia, Amarillo, 80202. Authority sought to operate as a that failure to oppose the application Tex. 79109. Applicant’s representative: common carrier, by motor vehicle; over may result in an unrestricted grant of Grady L. Fox, 222 Amarillo Building, irregular routes, transporting: (1) Busi­ authority. If a hearing is deemed neces­ Amarillo, Tex. 79101. Authority sought ness papers, records, and audit and ac­ sary, applicant requests it be held at to operate as a common carrier, by motor counting media; (2) exposed and proc­ Chicago, HI. or Washington, D.C. The vehicle, over irregular routes, transport­ essed film and prints, complimentary re­ purpose of this republication is to re­ ing : Concrete products, prestressed, pre­ placement film, cameras and camera describe the commodity description, a cast, or reinforced, which by reason of components, and incidental dealer han­ portion of which was inadvertently size or other physical characteristics, re­ dling supplies and advertising literature omitted in the previous publication. quire the use of special devices, facilities, moving therewith (excluding motion pic­ No. MC 123091 (Sub-No. 9) (Correc­ and equipment for their loading, unload­ ture film used primarily for commercial tion) , filed October 1, 1970, published in ing, or transportation; (1) from points theater and television exhibition); (3) the F ederal R egister issue October 29, in Potter and Randall Counties, Tex., to denistry materials and supplies; (4) 1970, and republished as corrected this points in New Mexico on and east of U.o. ophthalmic goods and order forms; (5) issue. Applicant: NICK STRIMBU, INC., Highway 85, points in Colorado on ana drugs, pharmaceuticals, radiopharma­ 3500 Parkway Road, Brookfield, Ohio east of U.S. Highway 85; (2) from the ceuticals, medical isotopes, narcotics, 44403. Applicant’s representative: Rich­ Colorado-New Mexico State line to junc­ "blood and blood derivatives, biological ard H. Brandon, 79 East State Street, tion with U.S. Highway 50 and on ana specimens and related records, X-ray Columbus, Ohio 43215. Authority sought south of U.S. Highway 50 to the Coio- films and materials, and drug store to operate as a common carrier, by motor rado-Kansas State line, to points m proprietaries, sundries and toiletries; vehicle, over irregular routes, transport­ Kansas on and south of U.S. Highway and (6) electrical and electronic parts ing: Iron or steel pipe, tubing, conduit 50; and (3) from the Kansas-Colorad for computers, data processing equip­ fittings, and accessories therefor, from State line to the junction of U.S. Hign- ment, photocopy equipment, and office Sharon and Wheatland, Pa., to points in way 81 and on and west of U.S. Highway machines, between points in Larimer, Alabama; that part of Tennessee east of 81 to the Kansas-Oklahoma State line Weld, Boulder, Denver, Adams, Arapa­ a line beginning at the Kentucky- and points in Oklahoma on and west oi hoe, Jefferson, Douglas, El Paso, and Tennessee State line, thence along U.S. U.S. Highway 81. N ote: Applicant state» Pubelo Counties, Colo. Restrictions: (1) Highway 31 to the Tennessee-Alabama that the requested authority. The pur­ Restricted to traffic having an imme­ State line; and points in Connecticut, pose of this republication is to redescnc diately prior or subsequent movement by Georgia, Illinois, Indiana, Kentucky, the territorial scope of the applicati air; and (2) no service shall be per­ Louisiana, Maine, Maryland, Massachu­ If a hearing is deemed necessary, appn- formed for the transportation of any setts, Michigan, New Hampshire, North ______a- Vva vioiii at. A m a rillo . TeX., shipment weighing more than 75 pounds Carolina, Rhode Island, Vermont, Vir­ from one consignor to one consignee at ginia, West Virginia, Wisconsin, and the or Oklahoma City, Okla.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17095

No MC 124174 (Sub-No. 81), filed the use of special equipment), between Alaska-British Columbia, Canada bound­ October 5, 1970. Applicant: MOMSEN Davenport and Grand Coulee, Wash.;, ary line along the Stikine River. N ote: TRUCKING CO., a corporation, High­ from Davenport over U.S. Highway 2 to The purpose of this republication is to ways 71 and 18 North, Post Office Box Coulee City, Wash., thence over U.S. redescribe part (b) of the territorial de­ 309, Spencer, Iowa 51301. Applicant’s Highway 2 to its junction with Wash­ scription. Applicant states that the re­ representative: Karl E. Momsen, 6801 L ington Highway 155, thence over quested authority cannot be tacked with Street, Omaha, Nebr. 6.8117. Authority Washington Highway 155 to Grand its existing authority. If a hearing is sought to operate as a common carrier, Coulee, and return over the same deemed necessary, applicant requests it by motor vehicle, over irregular routes, route, serving the intermediate points be held at Petersburg, Wrangell, transporting: (1) Glue stock; (2) hides, of Creston, Wilbur, Govan, Almira, Hart­ Ketchikan, or Juneau, Alaska. skins, and pieces therefrom; and (3) tan­ line, Coulee City, and Electric City. N ote: No. MC 127689 (Sub-No. 41), filed Oc­ nery products and byproducts, between If a hearing is deemed necessary, appli­ tober 5, 1970. Applicant: PASCAGOULA points in Kentucky, Maine, Massachu­ cant requests it be held at Spokane or DRAYAGE COMPANY, INC., 701 East setts, New Hampshire; Pownal, Vt.; Grand Coulee, Wash. Pine Street, Post Office Box 987, Hatties­ Buffalo, Gloversville, Gowanda, and No. MC 126039 (Sub-No. 16), filed burg, Miss. 39401. Applicant’s represent­ Johnstown, N.Y.; Virginia, West Vir­ October 8, 1970. Applicant: MORGAN ative: Harvey E. West (same address as ginia; Ashtabula, Girard, and Toledo, TRANSPORTATION SYSTEM, INC., applicant). Authority sought to operate Ohio; Detroit, Mich.; Chicago, HI.; and U.S. Highways 6 and 15, New Paris, Ind. as a common carrier, by motor vehicle, Oak Creek, Wis. N ote: Applicant states it 46553. Applicant’s representative: Wal­ over irregular routes, transporting: Re­ proposes to tack at any point now au­ ter P. Jones, Jr., 601 Chamber of Com­ frigeration equipment, walk-in-type re­ thorized to the applicant where the com­ merce Building, Indianapolis, Ind. 46204. frigeration units, and parts, accessories modities and geographical area presently Authority sought to operate as a common and assemblies for walk-in-type refrig­ authorized are common to the instant carrier, by motor vehicle, over irregular eration units, from Laurel, Miss., to application. Persons interested in the routes, transporting: Aluminum and points in Arizona, California, Colorado, tacking possibilities are cautioned that aluminum alloys, between Chicago, HI., Connecticut, Delaware, Idaho, Iowa, failure to oppose the application may re­ and points in Iowa, Wisconsin, Indiana, Maine, Maryland, Massachusetts, Minne­ sult in an unrestricted grant of author-? Michigan, Ohio, Missouri, and Kentucky. sota, Montana, Nebraska, Nevada, New ity. If a hearing is deemed necessary, N ote: Applicant states that the re­ Hampshire, New Jersey, New Mexico, applicant requests it be held at Washing­ quested authority cannot be tacked with New York, North Dakota, Oregon, Penn­ ton, D.C. its existing authority. If a hearing is sylvania, Rhode Island, South Dakota, No. MC 124333 (Sub-No. 14), filed deemed necessary, applicant requests it Utah, Vermont, Virginia, Washington, October 12, 1970. Applicant: BAKER be held at Washington, D.C., or Chicago, West Virginia, Wisconsin, Wyoming, and PETROLEUM TRANSPORTATION CO., HI. the District of Columbia, handling re­ INC., Pyles Lane, New Castle, Del. 19720. No. MC 126286 (Sub-No. 11), filed Oc­ jected shipments of above commodities Applicant’s representative: Samuel W. tober 12, 1970. Applicant: NIX TRANS­ and/or pallets on return. N ote: Appli­ Eamshaw, 833 Washington Building, PORTATION, INC., 335 West Queen, cant states that the requested authority Washington, D.C. 20005. Authority Post Office Box 721, Albany, Oreg. 97321. cannot be tacked with its existing au­ sought to operate as a contract carrier, Applicant’s representative: Lawrence V. thority. If a hearing is deemed necessary, by motor vehicle, over irregular routes, Smart, Jr., 419 Northwest 23d Avenue, applicant requests it be held at Jackson, transporting: Fuel oil, in bulk, in tank Portland, Oreg. 97210. Authority sought Miss. vehicles, from Claymont, Del., to Bridge- to operate as a common carrier, by motor No. MC 128294 (Sub-No. 7), filed Oc­ ton and Millville, N.J., restricted to the vehicle, over irregular routes, transport­ tober 8, 1970. Applicant: NITEHAWK season November 1st to \March 31st of ing: Lumber, from points in Josephine, EXPRESS, INC., 2334 University Ave­ each year, under contract with Paragon Jackson, Washington, Columbia, Coos, nue, St. Paul, Minn. Applicant’s repre­ Oil. Co., Division of Texaco, Inc. N ote: Jefferson, Yamhill, Lincoln, Clackamas, sentative: Joseph J. Dudley, W-1260 If a hearing is deemed necessary, appli­ Multnomah, Douglas, Klamath, Tilla­ First National Bank Building, St. Paul, cant requests it be held at Washington, mook, and Clatsop Counties, Oreg., and Minn. 55101. Authority sought to operate D.C. Clark County, Wash., to Astoria, Coos as a contract carrier, by motor vehicle No. MC 125362 (Sub-No. 2), file< Bay, Yaquina Bay, and Portland, Oreg., over irregular routes, transporting: October 8, 1970. Applicant: THOMAS F and points in Clark and Cowlitz Counties, Foodstuffs, canning factory and frozen SMITH, 10045 East Michigan Avenue Wash. N ote: Applicant states that the food plant materials and supplies and Parma, Mich. 49269. Applicant’s repre requested authority cannot be tacked equipment, in truck load quantities, sentative: Karl L. Gotting, 1200 Bank o with its existing authority. It further between (1) plantsites of Green Lansing Building, Lansing, Mich. 48933 states no duplicate authority is being Giant Co. at Blue Earth, Mont­ Authority sought to operate as a contrac sought. If a hearing is deemed necessary, gomery, Glencoe, Cokato, Winsted, carrier, by motor vehicle, over irregula: applicant does not specify a location. Le Sueur, Minn.; Rosendale, Ripon, routes, transporting: Malt beverages am No. MC 127156 (Sub-No. 2) (Amend­ Beaver Dam, Fox Lake, Wis.; Belvidere, wine, (l) malt beverages from La Crossi ment), filed October 1, 1970, published HI.; on the one hand, and, on the other, and Sheboygan, Wis., and South Bend in the F ederal R egister issue of Oc­ plantsites of Green Giant Co. at the ind., to Jackson, Mich., and (2) win tober 22, 1970, and republished as township of West Sunbury, Pa.; Tucker, from Chicago, 111., to Jackson, Mich, amended, this issue. Applicant: E. J. Ga.; and Garland and Denton, Tex.; and under contract with Stadelman Dis BRADLEY, doing business as ED’S FUEL (2) from the plantsites of Green Giant tnbuting Co. Note: If a hearing i AND TRANSFER, Box 139, Wrangell, Co. at Fruitland, Md.; and Woodside, 'necessary, applicant request Alaska 99929. Applicant’s representative: Del.; and storage facilities of Green tnat it be held at Lansing or Detroit Robin L. Taylor, 111 Stedman Street, Giant Co. at Salisbury, Md., and Dover, Mich. Post Office Box 1769, Ketchikan, Alaska Del., to plantsites of Green Giant Co. at J ® : MCf 125624 (Sub-No. 13), file< 99901. Authority sought to operate as a Belvidere, HI., and Glencoe, Minn., un­ 197°* APPlicant: EVER common carrier, by motor vehicle, over der contract with Green Giant Co. Note : p i ? ? ? •PREIGHT LINES, INC., 5201 irregular routes, transporting: General Common control may be involved. If a n S J ? 1011’ s Pokane, Wash. 99206. Ap commodities, (a) between points on Mit- hearing is deemed necessary, applicant sel ?<$

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17096 NOTICES vehicle, over irregular routes, transport­ that it be held at Newark, N.J., or New is deemed necessary, applicant requests ing: General commodities (except those York, N.Y. it be held at Duluth or Minneapolis, of unusual value, and except dangerous No. MC 133240 (Sub-No. 10), filed Oc­ Minn. explosives, household goods as defined tober 12, 1970. Applicant: WEST END No. MC 134289 (Sub-No. 4), filed Oc­ in Practices of Motor Common Carriers TRUCKING CO., INC., 530 Duncan Ave­ tober 8, 1970. Applicant: CALDWELL of Household Goods, 17 M.C.C. 467, nue, Jersey City, N.J. 07102. Applicant’s TRUCK RENTALS, INC., 625 South livestock, commodities in bulk, and those representative: Charles J. Williams, 47 Boulevard, Lenoir, N.C. 28645. Applicant’s requiring special equipment), between Lincoln Park, Newark, N.J. 07102. Au­ representative: Francis J. Ortman, 1700 points in Allegheny County, Pa., on the thority sought to operate as a contract Pennsylvania Avenue NW., Washington, one hand, and, on the other, points in carrier, by motor vehicle, over irregular D.C. 20006. Authority sought to operate Connecticut, Delaware, Illinois, Indiana, routes, transporting: Wearing apparel, as a common carrier, by motor vehicle, Massachusetts, Maryland, Michigan, and materials and supplies used or use­ over irregular routes, transporting: (1) New Jersey, New York, Ohio, Pennsyl­ ful in the sale or distribution of wearing Plastic products and plastic byproducts, vania, Rhode Island, Virginia, West apparel (such as price tickets, pins, except in bulk, from the plantsite of Virginia, and Wisconsin, under contract hangers, cartons, etc.) in cartons, be­ Polymer Processing, Inc., a subsidiary of with Action Industries, Inc., Associated tween Seoaucus, N.J., and New York, Broyhill Furniture Industries, Inc., at or Hardware Supply Co., Dollar-ama, Inc., N.Y., on the one hand, and, on the other, near Lenoir, N.C., in Caldwell County to Action Dollars, Inc., Lobeco, Inc., Action points in St. Louis, Florissant, Bridge- points in Connecticut, Massachusetts, Lobeco Imports, Ltd., and Action Inter­ ton, Springfield, Kansas City, Independ­ Rhode Island, Virginia, Maryland, Penn­ national, Inc. Note: Common control ence, and Columbia, Mo., and Merriam, sylvania, New Jersey, New York, and the may be involved. If a hearing is deemed iKans., and Belleville and Collinsville District of Columbia; and (2) materials, necessary, applicant requests it be held 111., restricted to the transportation equipment, and supplies used in the at Washington, D.C., or Pittsburgh, Pa. service to be performed under a con­ manufacture of plastic products and No. MC 129219 (Sub-No. 5), filed Octo­ tract or continuing contract with Holly plastic byproducts, except in bulk, from ber 12, 1970. Applicant: C.M.D. TRANS­ Stores, Inc. Note: If a hearing is deemed points in Connecticut, Massachusetts, PORTATION, Route 1, Box 103, Clack­ necessary, applicant requests it be held Rhode Island, Virginia, Maryland, Penn­ amas, Oreg. 97015. Applicant’s represent­ at Newark, N.J., or New York, N.Y. sylvania, New Jersey, New York, and the ative: Philip G. Skofstad, 4410 North­ No. MC 134070 (Sub-No. 4), filed Oc­ District of Columbia to the plantsite of east Fremont, Portland, Oreg. 97213. Au­ tober 12, 1970. Applicant: LEW ROSE, Polymer Processing, Inc., a subsidiary thority sought to operate as a contract doing business as LEW ROSE PETRO­ of Broyhill Furniture Industries, Inc., at carrier, by motor vehicle, over irregular LEUM TRANSPORT, 855 South Fort, or near Lenoir, N.C., in Caldwell County. routes, transporting: (1) Electric stor­ Detroit, Mich. 48226. Applicant’s repre­ N ote : Applicant states that the requested age batteries and allied components, for sentative: Wilhelmina Boersma, 1600 authority cannot be tacked with its exist­ the account of E.S.B., Inc., over irregular First Federal Building, Detroit, Mich. ing authority. If a hearing is deemed nec­ routes, between Los Angeles and San 48226. Authority sought to operate as a essary, applicant requests it be held at Jose, Calif., on the one hand, and, on the common carrier, by motor vehicle, over Charlotte, N.C. other, points in California, Idaho, Mon­ irregular routes, transporting: Molten No. MC 134400 (Sub-No. 3), filed Oc­ tana, Nevada, Oregon, Utah, and Wash­ sulphur, in bulk, in tank vehicles, from tober 7, 1970. Applicant: MILLER’S ington; and (2) scrap and junk electric Detroit, Mich., to Fostoria, Ohio. N ote: TRUCKING AND RENTAL, INC., 345 storage batteries, for the account of Applicant states that the requested au­ South Main Street, Dubuque, Iowa 52001. E.S.B., Inc., over irregular routes, from thority cannot be tacked to its existing Applicant’s representative: Carl E. Mun­ points in California, Idaho, Montana, authority. If a hearing is deemed nec­ son, 675 Fischer Building, Dubuque, Nevada, Oregon, Utah, and Washington essary, applicant requests it be held at Iowa 52001. Authority sought to operate to Los Angeles, Calif., Portland, Oreg., Detroit or Lansing, Mich. as a contract carrier, by motor vehicle, and Salt Lake City, Utah. N ote: If a No. MC 134080 (Sub-No. 1), filed Oc- over irregular routes, transporting: (1) hearing is deemed necessary, applicant tober 6, 1970. Applicant: CERTIFIED Shelters, dock or vehicle, dock enclosures, requests it be held at Portland, Oreg. HEATING OILS, INC., 2970 Amboy Road, canopies, awnings, protective shields, No. MC 129498 (Sub-No. 4), filed Oc­ Staten Island, New York, N.Y. 10306. Ap­ screens, or garments, kits, partitions, tober 12, 1970. Applicant: DIAMOND plicant’s representative: Morris Honig, protective blankets, visibility belts, cable CARGO, INC., 555 Ocean Avenue, Brook­ 150 Broadway, New York, N.Y. 10038. Au­ and hose protectors, and related acces­ lyn, N.Y. 11226. Applicant’s represent­ thority sought to operate as a contract sories, from Dubuque, Iowa, to points in ative: William J. Hanlon, 744 Broad carrier, by motor vehicle, over irregular the United States (except Alaska, Hawaii, Street, Newark, N.J. 07102. Authority routes, transporting: Gasoline, from Arizona, California, Colorado, Idaho, sought to operate as a contract carrier, Elizabeth, N.J., to Staten Island, New Montana, Nevada, New Mexico, Oregon, by motor vehicle, over irregular routes, York, N.Y. N ote: If a hearing is deemed Utah, Washington, and Wyoming); and transporting: Swimwear and materials necessary, applicant requests it be held (2) materials and supplies, used in the and supplies used in the manufacture at New York, N.Y., or Newark, N.J. manufacture and distribution of Prh“V.c"f thereof, between New York, N.Y., and No. MC 134279 (Sub-No. 1) (Correc­ listed above, from points in the United New Haven, Conn., under contract with tion) , filed September 23,1970, published States (except Alaska, Hawaii, Arizona, Robby Len, Division of Genesco. Note: in the F ederal R egister issue of Octo­ California, Nevada, Colorado, Idaho, If a hearing is deemed necessary, appli­ ber 15, 1970, and republished as cor­ Montana, New Mexico, Oregon, Utah, cant requests it be held at Newark, N.J., rected this issue. Applicant: DAVID E. Washington, and Wyoming), to Dubuque. or Washington, D.C. ROWELL, 7 North 93d Avenue West, Iowa, under contract with Frommelt No. MC 129713 (Sub-No. 4), filed Oc­ Duluth, Minn. 55808. Applicant’s repre­ Industries, Inc. N ote: If a hearing is deemed necessary, applicant requests n tober 12, 1970. Applicant: CHESTER­ sentative: Thomas R. Thibodeau, 811 . ttt*_ TV»e AVIniilrS. FIELD STEEDE and EDWIN STEEDE, First American National Bank Building, a partnership, doing business as, Duluthj Minn. 55802. Authority sought STEEDE TRUCKING, 194-55 111th to operate as a contract carrier, by motor *No! MC 134532 (Sub-No. Road, Hollis, N.Y. 11412. Applicant’s rep­ vehicle, over irregular routes, transport­ >ber 12, 1970. Applicant: ALPHONSE resentative: William J. Hanlon, 744 ing : Forest products, including wood lENTLINGER, Box 85, Halbur, Iowa Broad Street, Newark, N.J. 07102. Au­ lath, snow fence, wood stakes, rough and L444. Authority sought to operate as a thority sought to operate as a contract finish lumber, from the port of entry on mtract carrier, by motor vehicl » carrier, by motor vehicle, over irregular the international boundary line between regular routes, transporting. routes, transporting: Scientific instru­ the United States and Canada at or near rated alfalfa pellets, from ^emont, ments and photographic equipment, for Grand Portage, Minn., to points in Min­ ebr., to points in Carroll Cow i^Iow » nesota, Wisconsin, Illinois, Iowa, and rider contract with Fremont Oevater the account of E. Leitz, Inc., between no te: If a Rockleigh, N.J., and the New York com­ Michigan. The purpose of this republica­ o. hearing is deemed neces try, applicant requests it be held a mercial zone. Note: If a hearing is tion is to reflect the correct docket num­ deemed necessary, applicant requests ber as 134279 (Sub-No. 1). If a hearing •maha, Nebr.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17097

No. MC 134739 (Sub-No. 1), filed Sep­ (near Point Marion, Pa.) to junction U.S. Bourg (same address as above). Author­ tember 25, 1970. Applicant: PRANK Highway 219 (near Du Bois, Pa.) and on ity sought to operate as a contract car­ SINNOTT, 358 West Putnam Avenue, and east of U.S. Highway 219 extending rier, by motor vehicle, over irregular Greenwich, Conn. 06830. Applicant’s rep­ from said junction to the Pennsylvania- routes, transporting: Telephone equip­ resentative: Reubin Kaminsky, 342 North New York State line, and points in that ment, materials, and supplies, between Main Street, Post; Office Box 17-056, part of West Virginia on and east of UJS. Houma, La., on the one hand, and, on West Hartford, Conn. 06117. Authority Highway 19, limited to a service to be the other, points in the parishes of St. sought to operate as a common carrier, performed under a continuing contract Mary, Lafourche, Terrebonne, Assump­ by motor vehicle, over irregular routes, or contracts with Cyl-Con, Inc. N o te: If tion, and St. James west of the Missis­ transporting: (1) Printed matter, trade a hearing is deemed necessary, applicant sippi River, La., under contract with letters, nonnegotiable commercial docu­ requests it be held at Washington, D.C. Western Electric Co., Inc. No t e: Appli­ ments, financial records, letters of au­ No. MC 134859 (Sub-No. 2), filed Oc­ cant states that the requested authority thorization, transmittal letters, and tober 8, 1970. Applicant: DONALD cannot be tacked with its existing au­ supplies and materials used in the prepa­ RUSSELL, doing business as FRANK thority. If a hearing is deemed necessary, ration of printed matter, between points RUSSELL & SON, 401 South Ida Street, applicant requests it be held at New Or­ in Connecticut on and west of that por­ West Frankfort, 111. 62896. Applicant’s leans, Baton Rouge, or Alexandria, La. tion of Connecticut Highway 124 between representative: Donald Russell (same ad­ No. MC 134986, filed October 5, 1970. the Connecticut-New York State line dress as above). Authority sought to op­ Applicant: ELLINGTON TRANSFER & and Darien, Conn., on the one hand, and, erate as a contract carrier, by motor WAREHOUSE CO., INC., 406 North 10th on the other, New York, N.Y.; and (2) vehicle, over irregular routes, transport­ Street, Monroe, La. 71201. Applicant’s printed matter from Greenwich, Conn., ing: Magnetite, in bulk, in shipper- representative: Clifford L. Lawrence, Jr. to La Guardia Airport, Long Island, N.Y., owned trailers, for account of Reiss (same address as above). Authority restricted to traffic having an immedi­ Viking Corp., from site of Meramec Min­ sought to operate as a contract carrier, ately subsequent movement by air. Re­ ing Co., near Sullivan, Mo., to coal mines by motor vehicle, over irregular routes, striction: All of the above traffic shall in Illinois, Indiana, and Kentucky. Note : transporting: Telephone equipment, ma­ be limited to packages or parcels not If a hearing is deemed necessary, appli­ terials, and supplies; (1) between Mon­ exceeding 100 pounds in weight each cant requests it be held at St. Louis, Mo., roe, La., on the one hand, and, on the package or parcel and shipments con­ or Springfield, HI. other, points in the parishes of More­ sisting of such packages or parcels not No. MC 134889 (Correction) filed Au­ house, Ouachita, Union, Franklin, Ten­ exceeding an aggregate of 500 pounds. gust 27, 1970, published iii the F ederal sas, Madison, Richland, East Carroll, Note: If a hearing is deemed necessary, R egister issue of October 29, 1970, and West Carroll, Caldwell, Jackson, and applicant requests it be held at New republished as corrected, this issue. Ap­ Lincoln, La.; and (2) between Alex­ York, N.Y., or Hartford, Conn. plicant: CITRUSALES, INC., 12200 State andria, La., on Hie one hand, and, on No. MC 134806 (Sub-No. 1), filed Road 84, Davie, Fla. 33314. Applicant’s the other, points in the parishes of October 12, 1970. Applicant: B-D-R representative: Paul Deutsch (same ad­ Natchitoches, Winn, La Salle, Catahoula, TRANSPORT, INC., Post Office Box 813, dress as above). Authority sought to op­ Concordia, Avoyelles, Rapids, and Grant, Brattleboro, Vt. 05301. Applicant’s rep­ erate as a common carrier, by motor ve­ La., under contract with Western Elec­ resentative: Francis J. Ortman, 1700 hicle, over irregular routes, transport­ tric Co., Inc. N o t e: If a hearing is Pennsylvania Avenue NW., Washington, ing: Citrus products, not canned and not deemed necessary, applicant requests it D.C. 20006. Authority sought to operate frozen, in bulk, in tank vehicles, from be held at New Orleans, Baton Rouge, as a contract carrier, by motor vehicle, points in Florida to points in Delaware, or Alexandria, La. over irregular routes, transporting: (1) Connecticut, Illinois, Indiana, Iowa, Ken­ No. MC 134988, filed October 5, 1970. Boots, shoes, and other footwear from tucky, Maryland, Massachusetts, Michi­ Applicant: JESS M. HARPER, doing Wilton, Maine, and Brattleboro, Vt., to gan, Minnesota, Missouri, New Jersey, business as HARPER TRANSFER & Chicago, HI.; Cheyenne, Wyo.r Salt Lake New York, Ohio, Pennsylvania, Tennes­ WAREHOUSE CO., 109 Widgeon, Lake City, Utah; and Reno, Nev., under con­ see, Virginia, Wisconsin, and Georgia. Charles, La. 70601. Applicant’s repre­ tract with Dunham Brothers Co. and N o te: The purpose of this republication sentative: Jess M. Harper (same address ?• Bass & Co.; (2) tanned leather is to correctly set forth destination States as applicant). Authority sought to op­ irom Milwaukee and Fond du Lac, Wis., from erroneous manner previously pub­ erate as a contract carrier, by motor and Chicago, 111., to Wilton, Maine, under lished. If a hearing is deemed necessary, vehicle, over irregular routes, transport­ contract with G. H. Bass & Co.; and (3) applicant requests it be held at Miami, ing: Telephone equipment, materials, coots and shoes and other footwear, from Fort Lauderdale, or Orlando, Fla. and supplies, between Lake Charles, La., runswick and North Berwick, Maine; No. MC 134984, filed October 5, 1970. on the one hand, and, on the other, NwCiesifr’ Nashua- and Rollinsford, Applicant: ALL SERVICE MOVING & points in the parishes of Vernon, Beaure­ whC Brattleboro, Vt., under contract STORAGE CO., INC., 2753 Monroe Av­ gard, Allen, Calcasieu, Jefferson Davis, with Dunham Brothers Co. Note: If a enue, Baton Rouge, La. 70802. Appli­ and Cameron, La., under contract with rprrn^f *?. deemed necessary, applicant cant’s representative: Howard Choate Western Electric Co., Inc. N o t e : If a (same address as applicant). Authority hearing is deemed necessary, applicant be held at Brattleboro, Vt. sought to operate as a contract carrier, be? wM?«J?a4853 (Sub"No- 2), filed Octo- requests it be held at New Orleans, Baton w l 19L Applicant: CHARLES M. by motor vehicle, over irregular routes, Rouge, or Alexandria, La. AND RICHARD R. REEVES, transporting: Telephone equipment, ma­ No. MC 134989, filed October 5, 1970. T R n r i S ^ ’ domg business as W. R. terials, and supplies, between Baton Applicant: JOHN J. HAZARD DRAY- S K ? CO* 9003 Weathervane Rouge, La., on the one hand, and, on the AGE & CONSTRUCTION CO., INC., Md- **234. Applicant’s other, points in the parishes of Point 701 South Alexander Street, New Coupee, West Feliciana, East Feliciana, S h L f tSw eUHarold P* Boss>110a 17th Orleans, La. 70119. Applicant’s repre­ AuthoriilW'’ Washington, D.C. 20036. St. Helena, Livingston, Ascension, Iber­ sentative: Virgil M. Wheeler, Jr., 712 tract (>nrri0Ugu °Perate as a con- ville, East Baton Rouge, West Baton American Bank Building, New Orleans, iriSulS motor vehicle, over Rouge, La., under contract with Western La. 70130. Authority sought to operate Electric Co., Inc. N o te: If a hearing is Minders usedT’ transportin^: Empty as a contract carrier, by motor vehicle, liquified ’ f d / or Pr°Pane and/or other deemed necessary, applicant requests it over irregular routes, transporting: Tel­ Plantsifpc- bc^oleum gas, between the be held at (1) New Orleans, La., or (2) ephone equipment, materials, and sup­ at ortenear pd ffacmties of Cyl-Con, Inc., Baton Rouge or Alexandria, La. plies, between New Orleans, La., on the band and £ f ^ nsvdle’ Md- °n the one No. MC 134985, filed October 5, 1970. one hand, and, on the other, points in ware Pther’ points 111 Dela- Applicant: ROBERT W. BOURG AND the parishes of Tangipahoa, St. Tam­ and the D kW t’ ? ew Jersey> Virginia, FRANCIS O. BOURG, a partnership, many, Washington, St. John the Baptist, that par?o?pi °f Columbia; P°ints doing business as BOURG BROTHERS St. Charles, Jefferson, Plaquemines, St. 01 U.s Hieh^en?fJlvania on east MOVING & STORAGE COMPANY, 601 Bernard, and St. James east of the Mis­ West VirSli!! ?,119 extend*ng from the West Park Avenue, Houma, La. 70360. sissippi River, La., under contract with rgima-Pennsylvania State line Applicant’s representative: Francis O. Western Electric Co., Inc. N o t e : If a

No. 218----- 10 FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17098 NOTICES hearing is deemed necessary, applicant COMPANY, INC., 5275 Quebec Street, Kansas within the Kansas City, Mo.- requests it be held at (1) New Orleans, Commerce City, Colo. 80022. Applicant’s Kansas City, Kans., commercial zone as La., or (2) Baton Rouge or Alexandria, representative: Edward T. Lyons, 420 defined by the Commission), Missouri La. Denver Club Building, Denver, Colo. (except St. Louis, Mo., and Kansas City, No. MC 134991, filed October 5, 1970. 80202. Authority sought to operate as a Mo., and points in Missouri within the Applicant: WILLIS J. LANDRY, doing contract carrier, by motor vehicle, over St. Louis, Mo.-East St. Louis, 111., com­ business as BOB LANDRY & SON, 201 irregular routes, transporting: Com­ mercial zone, and those within the Kan­ South Chestnut Street, Lafayette, La. mercial papers, documents, written in­ sas City, Mo.-Kansas City, Kans., com­ 70501. Authority sought to operate as a struments, and business records as are mercial zone as defined by the Commis­ contract carrier, by motor vehicle, over used in the business of banks and bank­ sion), Texas (except Dallas, Tex., and irregular routes, transporting: Telephone ing institutions, between points in Mesa, points in the commercial zone of Dallas), equipment, materials, and supplies, be­ Delta, Montrose, Ouray, San Juan, La Wisconsin (except Milwaukee and Ra­ tween Lafayette, La., on the one hand, Plata, and Montezuma Counties, Colo., cine, Wis., and points in the commercial and, on the other, points in the parishes and points in that part of Colorado lo­ zone of Racine and Milwaukee), and Il­ of Iberia, St. Martin, Vermilion, St. cated in and east of Larimer, Boulder, linois (except Chicago, 111., and points in Landry, Acadia, and Evangeline, La., un­ Jefferson, Teller, Fremont, Pueblo, Huer­ Illinois within the Chicago, 111., com­ der contract with Western Electric Co., fano, and Las Animas Counties, restricted mercial zone as defined by the Commis­ Inc., N ote : If a hearing is deemed neces­ to a transportation service to be per­ sion, East St. Louis, 111., and points in sary, applicant requests it be held at New formed under a continuing contract or Illinois within the St. Louis, Mo.-East St. Orleans, Baton Rouge, or Alexandria, La. contracts, with banks and banking in­ Louis, 111., commercial zone as defined by No. MC 134992, filed October 5, 1970. stitutions. N o t e : Applicant holds com­ the Commission, and except points in Applicant: STEEL ERECTORS, INC., mon carrier authority under MC 120872 that part of Illinois on, south, and east 5903 Dillman Street, Shreveport, La. and subs thereunder. Common control of a line beginning at Alton, 111., and 71106. Applicant’s representative: D. A. and dual operations may be involved. If extending along Illinois Highway 140 to Barbaree, 5370 Prentiss, Shreveport, La. a hearing is deemed necessary, applicant junction U.S. Highway 66, thence along 71108. Authority sought to operate as a requests it be held at Denver, Colo. U.S. Highway 66 to Springfield, 111., contract carrier, by motor vehicle, over No. MC 135001 (Correction) filed Sep­ thence along Illinois Highway 29 through irregular routes, transporting: Telephone Peoria, 111., to junction U.S. Highway 51, equipment, materials, and supplies, be­ tember 25,1970, published in the F ederal R egister of October 15, 1970, under No. thence along U.S. Highway 51 to junc­ tween Shreveport, La., on the one hand, MC 114239 Sub 25 and republished as tion U.S. Highway 34 near Mendota, 111., and, on the other, points in the parishes corrected this issue. Applicant: FARRIS thence along U.S. Highway 34 to junction of Caddo, Bossier, Webster, Claiborne, TRUCK LINE, a corporation, Faucett, Illinois Highway 47, thence along Il­ Bienville, Red River, De Soto, and Sabine, Mo. Applicant’s representatives: Tom B. linois Highway 47 to Illinois-Wisconsin La., under contract with Western Elec­ Kretsinger and Warren H. Sapp, 450 State line) ; tric Co., Inc. N o te: If a hearing is deemed Professional Building, 1103 Grand Ave­ (5) Urea (except agricultural grade necessary, applicant requests that it be nue, Kansas City, Mo. 64106. Authority urea), in dry form, in bags, from the site held at either New Orleans, Baton Rouge, sought to operate as a common carrier, of the plant of W. R. Grace & Co., at or or Alexandria, La. by motor vehicle, over irregular routes, near Woodstock, Tenn., and from the No. MC 134993, filed October 1, 1970. transporting: (1) Such commodities as warehouses of W. R. Grace & Co., at Applicant: JOSEPH M. SHAHAN, doing are dealt in by chain retail and mail­ Memphis, Tenn., to points in Arizona, business as SHAHAN & SONS COM­ order department stores, from St. Joseph, California, and New Mexico; (6) Feed, in PANY, 8016 West 125th Street, Palos Mo., to points in Brown, Nemaha, Doni­ bulk and in bags, and flour, in bags, when Park, 111. 60464. Applicant’s representa­ moving in mixed loads with shipments of tives: T. A. Graham and P. J. Maton, 10 phan, and Atchison Counties, Kans., and that part of Jackson County, Kans., on feed, from Kansas City, Mo., to points South La Salle Street, Chicago, 111. 60603. in Kansas, Colorado, Wyoming, New Authority sought to operate as a contract and north of Kansas Highways 16 and 166; (2) used and repossessed shipments Mexico, Nebraska, South Dakota, and carrier, by motor vehicle, over irregular Oklahoma; and damaged shipments of routes, transporting: Brass rods, brass of the above-specified commodities and traded-in merchandise, from points in feed and flour, from points in Kansas, blank,s, brass wire, copper, nickel silver Colorado, Wyoming, New Mexico, Ne­ rods, nickel silver blanks, and brass scrap Brown, Nemaha, Doniphan, and Atchi­ son Counties, Kans., and that part of braska, South Dakota, and Oklahoma, for remelting purposes only, from Cicero, to Kansas City, Mo.; (7) agricultural 111., on the one hand, and, on the other, to Jackson County, Kans., on and north of Kansas Highways 16 and 116, to St. pesticides, dry, in containers and in bulk points in Iowa, Missouri, Indiana, Michi­ (other than in tank vehicles), and agri­ gan, Ohio, North Carolina, Kentucky, Joseph, Mo.; (3) Urea, in dry form, in bulk, except in tank or hopper type ve­ cultural pesticides, liquid, in drums, from Wisconsin, Minnesota, Tennessee, South St. Joseph, Mo., to points in Arkansas, Carolina, Arkansas, Pennsylvania, West hicles, from the site of the plant of W. R. Grace & Co., at or near Woodstock, Tenn., Iowa, Illinois, Kansas, Minnesota, apd Virginia, and New York, under contract Nebraska; (8) agricultural pesticides with Chicago Extruded Metal Co. N o t e: and from the warehouses of W. R. Grace & Co., at Memphis, Tenn., to points in and ingredients thereof, dry, in contain­ If a hearing is deemed necessary, appli­ ers and in bulk (other than in tank cant requests it be held at Chicago, 111. Arizona, California, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, vehicles), and liquid, in containers; (a) No. MC 134994, filed October 5, 1970. Minnesota, Missouri, Montana, Nebraska, from St. Joseph, Mo., to points in Colo­ Applicant: JAVIER ZALDUONDO, doing Nevada, New Mexico, North Dakota, rado, Indiana, Iowa, Kentucky, Michi­ business as RICO SHIPPING COM­ Oklahoma, Oregon, South Dakota, Texas, gan, Montana, North Dakota, New Mex­ PANY, 1997 Third Avenue, New York, Utah, Washington, Wisconsin, and ico, Ohio, Oklahoma, South Dakota, N.Y. 10029. Applicant’s representative: Tennessee, Texas, Wisconsin, and Wyo Paul Savad, 20 Old Nyack Turnpike, Wyoming; ming; (b) from points in Arkansas, Cali­ Nanuet, N.Y. 10954. Authority sought to (4) Urea, in dry form, in bags, fromfornia, Colorado, Florida, Illinois, Iowa. operate as a common carrier, by motor the site of the plant of W. R. Grace & Michigan, Mississippi, Nevada, New vehicle, over irregular routes, transport­ Co., at or near Woodstock, Tenn., and Jersey, New Mexico, Ohio, and Tennesse , from the warehouses of W. R. Grace & ing: Household goods and personal ef­ to St. Joseph, Mo.; fects, between points in the New York, Co., at Memphis, Tenn., to points in (9) Fertilizer (except in tank ve­ N.Y., commercial zone as defined in the Colorado, Idaho, Iowa, Michigan, Minne­ hicles), from the plantsite of: Bhnois Fifth Supplemental Report 53 M.C.C. sota, Montana, Nebraska, Nevada, North Nitrogen Co., at Marseilles, HI., to poin ^ 451, wherein exempt operations may be Dakota, Oklahoma, Oregon, South Da­ in Indiana, Michigan, WisconsinMm conducted. N ote : If a hearing is deemed kota, Utah, Washington, and Wyoming, nesota, Ohio, Iowa, Missouri (except necessary, applicant requests it be held Indiana (except points in Indiana within points in the St. Louis, Mo.-East w at New York, N.Y. the Chicago, 111., commercial zone as de­ fined by the Commission), Kansas (ex­ Louis, 111., commercial zone as defi No. MC 135000, filed October 14, 1970. by the Commission), Kansas, Nebras Applicant: COLORADO CARTAGE cept Kansas City, Kans., and points in

FEDERAL REGISTER. VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17099

South Dakota, and Kentucky; (10) agri­ conversion of contract carrier authority F ederal R egister issue of October 22, cultural pesticides and ingredients to that of a common carrier. If a hear­ 1970, corrected in part and republished therefor, in containers; (a) from St. ing is deemed necessary, applicant as corrected, this issue. Applicant: Joseph, Mo., to points in Mississippi, requests it be held at Kansas City, Mo. GREYHOUND LINES, INC, 10 South Louisiana, Alabama, Georgia, Florida, No. MC 135004, filed October 7, 1970. Riverside Plaza, Room 1900, Chicago, HI. Arizona, California, and New York; (b) Applicant: GRIFFIN MOBILE HOME 60606. Applicant’s representative: Lin- from points in Texas, Louisiana, Ala­ TRANSPORTING CO., a corporation, wood C. Major, Jr., Suite 301, Tavern bama, Georgia, Arizona, and Indiana, to 9000 Southeast 29th, Oklahoma City, Square, 421 King Street, Alexandria, Va. St. Joseph, Mo.; (c) from the plantsite Okla. Applicant’s representative: David 22314. N o te: The purpose of this partial of Missouri Chemical Co., at Los Angeles, D. Brunson, 419 Northwest Sixth, Okla­ republication is to change the tacking Calif., to points in Nevada, Utah, Ari­ homa City, Okla. Authority sought to note to read as follows: Applicant states zona, Montana, Wyoming, Colorado, operate as a common carrier, by motor that the requested authority will be New Mexico, Texas, Oklahoma, Kansas, vehicle, over irregular routes, transport­ tacked with its existing regular route Nebraska, South Dakota, North Dakota, ing: Wrecked, disabled, damaged, and authority. The rest of the application Missouri, Arkansas, Louisiana, Missis­ repossessed vehicles, and their replace­ remains the same. sippi, Alabama, Georgia, Florida, and ment vehicles and parts therefor, by use No. MC 47495 (Sub-No. 11), filed Oc­ New York; (d) from Orlando, Fla., to of wrecker equipment only, between tober 13, 1970. Applicant: MOUNTAIN points in Georgia, Alabama, Mississippi, points in Oklahoma, Texas, New Mexico, VIEW COACH LINES, INC., Post Office Louisiana, Arkansas, Tennessee, Indi­ Colorado, Kansas, Missouri, Arkan­ Box 305, West Coxsackie, N.Y. 12192. Ap­ ana, Ohio, Kentucky, Texas, Oklahoma, sas, Arizona, Louisiana, and Nebraska. plicant’s representatives: Beverly S. and California; (e) from Denver, Colo., N o te: Applicant holds contract carrier Simms, 1100 17th Street NW, Washing­ to points in Nebraska, Wyoming, South authority under MC 124190, therefore, ton, D.C. 20036, and James A. Warren Dakota, North Dakota, Minnesota, Wis­ dual operations may be involved. If a (same address as applicant). Authority consin, Texas, Oklahoma, Arkansas, hearing is deemed necessary, applicant sought to operate as a common carrier, Louisiana, Mississippi, Tennessee, Ala­ requests it be held at Oklahoma City, by motor vehicle, over irregular routes, bama, Georgia, Florida, Missouri, Kan­ Okla., Dallas, Tex., or Washington, D.C. transporting: Passengers and their bag­ sas, and Iowa; and No. MC 135012, filed October 5, 1970. gage, in the same vehicle with passengers, (f) From Lubbock, Tex., to points inApplicant: AERO DISTRIBUTING CO., in round-trip special operations con­ Arkansas, Oklahoma, Louisiana, Mis­ a corporation, 834 West Main Street, sisting of all expense sightseeing or pleas­ souri, Tennessee, Mississippi, Alabama, Lowell, Mich. 49331. Applicant’s repre­ ure tours, beginning and ending at points Georgia, Florida, Colorado, Kansas, sentative: Daniel J. Kozera, Jr., Suite D, in Albany, Columbia, Dutchess, Greene, North Dakota, South Dakota, Wyoming, Waters Building, Grand Rapids, Mich, and Rqnsselaer Counties, N.Y., and ex­ New Mexico, Montana, Nebraska, and 49502. Authority sought to operate as a tending to points in the continental Minnesota; dry fertilizer, materials, contract carrier, by motor vehicle, over United States, including Alaska. N o t e: urea, and pesticides (except liquid in irregular routes, transporting: Materials Applicant states that all duplicating au­ tank vehicles); (a) from the plantsites and supplies used in production of Am- thority shall be eliminated. If a hearing of W. R. Grace & Co., at or near Henry, way Corp. products including but not is deemed necessary, applicant requests HI., to points in Ohio, Michigan, Ken­ limited to colloidal silica; stripped fatty it be held at Albany, N.Y. tucky, Tennessee, Illinois, Wisconsin, acid diethanolamide; isopropyl alcohol, No. MC 134987, filed October 5, 1970. Minnesota, Iowa, Missouri, Nebraska, anhydrous; linoleic diethanolamide Applicant: WILLIAM HENRY HANDY, Kansas, Indiana, Arkansas, Oklahoma, mono; detergent concentrate; sodium Route 5, Springhill Road, Salisbury, Md. North Dakota, and South Dakota; (b) alkyl aryl sulfonate 60 percent; sec­ 21801. Applicant’s representative: Lloyd from the plantsites of W. R. Grace & Co., ondary alkyl ethyleneoxy ethanol; sty­ O. Whitehead, 132 East Main Street, at or near Perry, Iowa, to points in Min­ rene/acrylic latex and polyethylene; Salisbury, Md. 21801. Authority sought to nesota, Wisconsin, Nebraska, Kansas, ethyl alcohol (anhydrous) denatured operate as a common carrier, by motor and Illinois; (c) from the plantsites of with brucine surfate; 2-ethoxyethyl ace­ vehicle, over irregular routes, transport­ W. R. Grace & Co., at or near Lansing, tate, from points in Cook County, 111., ing: Passengers and their baggage in the Mich., to points in Ohio, Indiana, and Lake and Vigo Counties, Ind., and Ber­ same vehicle with passengers, in charter himois; (d) from the plantsites of W. R. gen and Passaic Counties, N.J., to Ada, operations, from points in Wicomico Grace & Co., at or near New Albany, Mich., these services are restricted to the County, Md., to points in Virginia, Penn­ + 111 Ohio, Illinois, Ken- transportation services in tank-type sylvania, New Jersey, Delaware, New tucfcy, and Tennessee; (e) from the vehicles to be performed under a con­ Plantsites of W. R. Grace & Co., at Co- York, and the District of Columbia. tinuing contract, with Amway Corp. N ote: If a hearing is deemed necessary, lumbus, Ohio, to points in Michigan, N o te: If a hearing is deemed necessary, applicant requests it be held at Salisbury, imiana, Illinois, Kentucky, and Tennes- applicant requests it be held at either Md., Washington, D.C., or Baltimore, (f> from the plantsite of W. R. Lansing or Detroit, Mich., or Chicago, Md. Grace & Co., located at or near Henry, HI. tTfniJS0 in Iowa, Indiana, Ken- No. MC 135014, filed October 12, 1970. Applications in W h ic h H andling W it h ­ Ky, Michigan, Minnesota, Missouri, Applicant: SPEADMARK, INC., 132 out O ral H earing H as B een R equested S ~ and,Wisconsin: and <12> dry fer- West 31st Street, New York, N.Y. 10001. MOTOR CARRIER OF PASSENGERS bnnfn dry fertilizer materials, in Applicant’s representative: Morton E. S , * m bags>.and Pesticides and herbi- Kiel, 140 Cedar Street, New York, N.Y. No. MC 1515 (Sub-No. 158), filed Octo­ 0f W p containers, from the plantsite 10006. Authority sought to operate as a ber 7, 1970. Applicant: GREYHOUND Mo & c ?” at or near Atlas, contract carrier, by motor vehicle, over LINES, INC., 10 South Riverside Plaza, in 111111015 (except points irregular routes, transporting: Clothing, Chicago, HI. 60606. Applicant’s represent­ commpw- Mo-"East St. Louis, HI. from carrier’s terminal in New York, ative: W. L. McCracken, 371 Market m iss^ n f1^011? as defined the Com- N.Y., to shipper’s stores at points in Nas­ Street, San Francisco, Calif. 94105. Au­ Texa Galvest°n, Harris. Lib- Middlesex Counties, N.J., returned ship­ routes, transporting: Passengers and No^. rp. gomery*and Waller Counties). ments, in the opposite direction under their baggage, in the same vehicle with is to show6th irPOSe of this ^Publication contract with Abraham & Strauss. N o t e: passengers, in special operations only, signed cor*fct d°cket number as- If a hearing is deemed necessary, appli­ between Nebraska City, Nebr., and Lin­ coln, Nebr., over Nebraska Highway 2. co^wted^riLan2 also to set forth the cant requests it be held at New York, A p p S Pf°P°sed authority requested. N.Y. N o t e: Applicant seeks by the instant application to revised Sheet No. 45, MC thority^^ ot^ J^^ requested au" ing autho^K^ be tacked with its exist- M otor Carrier of P assengers 1515 (Sub-No. 71) and Route No. 9 to Purpose of ^ f3?rther states the No. MC 1515 (Sub-No. 157) (Correc­ reflect the above inclusion. Common con­ ^ oi this application is to seek tion), filed October 1, 1970, published trol may be involved.

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 17100 NOTICES

By the Commission; in its discretion may proceed to investi­ Blairsville, Brandy Camp, Belle Vernon, [seal] R obert L. Oswald, gate and determine the matters without Carrolltown, Warren, Canonsburg, Secretary. public hearing. Johnstown, Somerset, Indiana, Greens- burg, Punxsutawney, McKeesport, [F.R. Doc. 70-14828; Filed, Nov. 4, 1970; [seal] R obert L. Oswald, Secretary. Uniontown, State College, Altoona, Lock 8:45 a.m.] Haven, Meadville, and Chambersburg, [F.R. Doc. 70-14939; Filed, Nov. 4, 1970; 8:52 a.m.] Pa.; malt beverages, in containers, and FOURTH SECTION APPLICATION FOR related advertising materials moving RELIEF therewith, from the plantsite of Pabst [Notice 610] Brewing Co., at Newark, N.J., to ^ N ovember 2, 1970. specified points in Pennsylvania; malt Protests to the granting of an appli­ MOTOR CARRIER TRANSFER beverages, in containers, and related ad­ cation must be prepared in accordance PROCEEDINGS vertising matter moving therewith, from Chicago, 111., to points in Pennsylvania; with Rule 1100.40 of the general rules of N ovember 2,1970. practice (49 CFR 1100.40) and filed malt beverages, in containers, and re­ Synopses of orders entered pursuant lated advertising materials, from Peoria, within 15 days from the date of publica­ to section 212(b) of the Interstate Com­ tion of this notice in the F ederal R eg­ 111., to Chambersburg, Pa., and canned merce Act, and rules and regulations vegetables, from Oconomowoc, Wis., to ister. prescribed thereunder (49 CFR Part Long- and-S hort Haul Punxsutawney, Erie, and Warren, Pa. 1132), appear below: Paul F. Sullivan, 701 Washington Build­ FSA No. 42072—Liquid caustic soda As provided in the Commission’s spe­ ing, Washington, D.C. 20005, attorney from St. Gabriel, La. Filed by O. W. cial rules of practice any interested per­ for applicants. South, Jr., agent (No. A6204), for inter­ son may file a petition seeking recon­ No. MC-FC-72452. By order of Octo­ ested rail carriers. Rates on caustic soda sideration of the following numbered ber 29, 1970, the Motor Carrier (sodium hydroxide), liquid, in tank car­ proceedings within 20 days from the Board approved the transfer to Wilbert loads, as described in the application, date of publication of this notice. Pur­ Ochsner, doing business as Wing Truck from St. Gabriel, La., to Jacksonville, suant to section 17(8) of the Interstate Line, Wing, N. Dak. 58494, of the certifi­ South Jacksonville, and Quinlan, Fla., Commerce Act, the filing of such a peti­ cate of registration in No. MC-120245 also Brunswick and Savannah, Ga. tion will postpone the effective date of (Sub-No. 1) issued December 18, 1963, Grounds for relief—Market competi­ the order in that proceeding pending its to Calvin Wagner, doing business as tion. disposition. The matters relied upon by Wing Truck Line, Wing, N. Dak. 58494, Tariff—Supplement 153 to Southern petitioners must be specified in their evidencing a right to engage in trans­ Freight Association, agent, tariff ICC petitions with particularity. portation in interstate or foreign com­ S-699. No. MC-FC-72440. By order of Octo­ merce solely, within the State of North By the Commission. ber 30, 1970, the Motor Carrier Board Dakota, corresponding in scope to the approved the transfer to Farthing & service authorized by certificate of pub­ [seal] R obert L. Oswald, Weidman, Inc., 1701 Grand Street, lic convenience and necessity No. 99 Secretary. Joplin, Mo. 64801, of the operating rights dated February 27, 1959, authorizing [F.R. Doc. 70-14937; Filed, Nov. 4, 1970; in certificate No. MC-74623 issued class A Motor Carrier Service, is­ 8:52 a.m.] May 14, 1969, to G. W. Farthing, doing sued by the North Dakota Public Service. business as Farthing & Bottorff, 1701 Commission. Grand Street, Joplin, Mo. 64801, author­ [Sec. 5a Application 2, Amdt. 17] izing the transportation of such com­ [seal] R obert L. Oswald, modities, which because of size or weight Secretary. WESTERN RAILROAD TRAFFIC require the use of special equipment and [F.R. Doc. 70-14941; Filed, Nov. 4, 1970; ASSOCIATION machinery between points in that part of 8:52 a.m.] Missouri, Kansas, and Oklahoma within Petition for Approval of Amendments 100 miles of Joplin, including Joplin. to Agreement No. MC-FC-72444. By order of Octo­ [Notice 185] October 27, 1970. ber 30, 1970, the Motor Carrier Board MOTOR CARRIER TEMPORARY The Commission is in receipt of a pe­ approved the transfer to William Buist, AUTHORITY APPLICATIONS tition in the above-entitled proceeding Palisades Park, N.J., of the operating for approval of amendments to the agree­ rights in certificate No. MC-114873 is­ -c N ovember 2, 1970. ment therein approved. sued March 22, 1961, to Siebold & Lozel, The following are notices of filing of Inc., Teaneck, N.J., authorizing the applications for temporary authority Filed October 19, 1970 by: Mr. J. M. Souby, transportation of plate glass, window under section 210a(a) of the Interstate Jr., Attorney-In-Fact, 224 Union Station glass and mirrors from New York, N.Y., Commerce Act provided for under the Building, Chicago, 111. 60606. to points in Connecticut and New new rules of Ex Parte No. MC-67 (49 The amendments involve: Changes in Jersey. George A. Olsen, 69 Tonnele CFR Part 1131), published in the F ederal the Articles of Organization and Proce­ Avenue, Jersey City, N.J. 07306, repre­ R egister, issue of April 27, 1965, effec­ dure so as to provide: (1) Joint consid­ sentative for applicants. tive July 1, 1965. These rules provide eration of divisional arrangements with No. MC-FC-72445. By order of Octo­ that protests to the granting of an appli­ express companies; and (2) procedures ber 29, 1970, the Motor Carrier Board cation must be filed with the field official governing the filing, processing and dis­ approved the transfer to Sigma-4 Ex­ named in the F ederal R egister publica­ position of section 22 proposals. press, Inc., Latrobe, Pa., of the operating tion, within 15 calendar days after the The petition is docketed and may be rights in certificates Nos. MC-125023, date of notice of the filing of the appli­ inspected at the Office of the Commis­ MC-125023 (Sub-No. 6), MC-125023 cation is published in the F ederal R egis­ sion in Washington, D.C. (Sub-No. 8), MC-125023 (Sub-No. 9), ter. One copy of such protests must be Any interested person desiring to pro­ and MC-125023 (Sub-No. 10) issued served on the applicant, or its authorized test and participate in this proceeding June 5, 1963, September 20, 1963, Sep­ representative, if any, and the protests shall notify the Commission in writing tember 28, 1964, April 19, 1968, and Au­ must certify that such service has been within 20 days from the date of publica­ gust 16, 1965, respectively, to Norman A. made. The protests must be specific as tion of this notice in the F ederal R eg­ Bast and George F. Carter, a partner­ to the service which such protestant can ister. As provided by the general rules of ship, doing business as Sigma-4 Express, and will offer, and must consist of a practice of the Commission, persons Latrobe, Pa., authorizing the transporta­ signed original and six copies. other than applicants should fully dis­ tion of malt beverages, in containers, and A copy of the application is on file» close their interests, and the position related advertising materials moving and can be examined at the Office of the they intend to take with respect to the therewith, from Milwaukee, Wis., to But­ Secretary, Interstate Commerce Com­ application. Otherwise, the Commission, ler, Kittanning, Lewistown, Washington, mission, Washington, D.C., and also m

FEDERAL REGISTER, VOL. 35, NO. 216— THURSDAY, NOVEMBER 5, 1970 NOTICES 17101 field office to which protests are to be York, Ohio, Pennsylvania, Rhode Island, thority sought to operate as a contract transmitted. Vermont, Virginia, West Virginia, and carrier, by motor vehicle, over irregular the District of Columbia, for 150 days. routes, transporting: Such commodities, Motor Carriers op P roperty Supporting shipper : Evans Products Co., as are dealt in or used by discount houses No. MC 1855 (Sub-No. 17 TA), 2200 East Devon Avenue, Des Plaines, or department stores, between the facili­ filed October 28, 1970. Applicant: HI. 60018. Send protests to: William L. ties of Unishops, Inc., their divisions and SCHWENZER BROS., INC., 775 St. Hughes, District Supervisor, Interstate subsidiaries located in Jersey City, N.J., George Avenue, Post Office Box 336, Commerce Commission, Bureau of Oper­ on the one hand, and, on the other, points Woodbridge, N.J. 07095. Applicant’s rep­ ations, 1125 Federal Building, Baltimore, in Alabama, Arizona, Arkansas, Califor­ resentative: William J. Augello, Jr., 103 Md. 21201. nia, Colorado, Connecticut, Florida, Port Salonga Road, Northport, N.Y. No. MC 111729 (Sub-No. 301 TA) (Cor­ Georgia, Idaho, Illinois, Indiana, Kansas, 11768. Authority sought to operate as a rection), filed September 29, 1970, Louisiana, Maryland, Massachusetts, contract carrier, by motor vehicle, over published in the F ederal R egister, Oc­ Michigan, Minnesota, Missouri, Ne­ irregular routes, transporting: Such tober 10, 1970, corrected and repub­ braska, Nevada, New Hampshire, New commodities as are ordinarily used or lished as corrected this issue. Applicant: York, Ohio, Oklahoma, Oregon, Penn­ distributed by wholesale or retail sup­ AMERICAN COURIER CORPORA­ sylvania, South Carolina, South Dakota, pliers, marketers or distributors of TION, 2 Nevada Drive, Lake Success, Tennessee, Texas, Utah, Vermont, Vir­ petroleum products, from Shell Oil Co. N.Y. 11040. Applicant’s representative: ginia, Washington, and Wisconsin, for plants at Brooklyn, Rensselaer, Syracuse, John M. Delany (same address as above). 150 days. Supporting shipper: Unishops, Inwood, and Mount Vernon, N.Y., Pall N ote: The purpose of this partial re­ Inc., 21 Caven Point Avenue, Jersey City, River and Waltham, Mass., East Hart­ publication is to correctly set forth the N.J. 07305. Send protests to: District ford, Conn., South Portland, Maine, commodity description in (4) to read: Supervisor Joel Morrows, Bureau of Op­ Macungie, Pa., and Wagners Point, Md., Aircraft seat: castings, cloth, forgings, erations, Interstate Commerce Commis­ to Shell Oil Co. terminal at Sewaren, glue, paint, parts, tools, tubing, finished sion, 970 Broad Street, Newark, N.J. N.J., for 180 days. Supporting shipper: parts and plastic sheets * * * the 07102. Shell Oil Co., Shell Building, Post Office word parts was omitted in the previous No. MC 135025 TA, filed October 28, Box 2099, Houston, Tex. 77001. Send publication, the rest of the application 1970. Applicant: DAVID W. HURST, protests to: District Supervisor Robert S. remains the same. doing business as HURST TRUCKING H. Vance, Bureau of Operations, Inter­ No. MC 124078 (Sub-No. 460 TA), filed COMPANY, Route No. 40, Pulaski High­ state Commerce Commission, 970 Broad October 28, 1970. Applicant: SCHWER- way, North East, Md. 21901. Applicant’s Street, Newark, N.J. 07102. MAN TRUCKING CO., 611 South 28th representative: David W. Hurst (same No. MC 5819 (Sub-No. 1 TA), filed Street, Milwaukee, Wis. 53246 (Wis. address as above). Authority sought to October 27, 1970. Applicant: J.D. Corp.). Applicant’s representative: Rich­ operate as a contract carrier, by motor TRANSPORTATION, INC., 48 South­ ard H. Prevette (same address as above). vehicle, over irregular routes, transport­ west Cutoff, Worcester, Mass. 01604, Mlg: Authority sought to operate as a common ing: Malt beverages, from Winston- Post Office Box 83, Turnpike Station, carrier, by motor vehicle, over irregular Salem, N.C., Latrobe and Norristown, Shrewsbury, Mass. 01545. Applicant’s routes, transporting: Carbon dioxide, in Pa., and Brooklyn, N.Y^ to Aberdeen, representative: Arthur A. Wentzell, Post shipper-owned vehicles, from Toledo, Md., and Norristown, Pa., to Havre de Office Box 764, Worcester, Mass. 01613. Ohio, to points in Michigan, Indiana, Grace, Md., for 180 days. Supporting Authority sought to operate as a com­ Pennsylvania, and New York, for 180 shipper: H & S Distributing Co., 6 Post mon carrier, by motor vehicle, over ir­ days. Supporting shipper: Air Reduction Road, Aberdeen, Md. 21001, Richard R. regular routes, transporting: Penetra­ Co., Inc., 150 East 42d Street, New York, Samuels, Partner. Send protests to: tion grade asphalt cement, liquid, in N.Y. 1Q017, W. G. Melville, Assistant Paul J. Lowry, District Supervisor, Inter­ bulk, from international boundary line Director of Traffic. Send protests to: Dis­ state Commerce Commission, Bureau of between the United States and Canada, trict Supervisor Lyle D. Heifer, Inter­ Operations, 206 Old Post Office Building, at Highgate Springs, Vt., to Oxford, state Commerce Commission, Bureau of 129 East Main Street, Salisbury, Md. Mass., for 150 days. Supporting shipper: Operations, 135 West Wells Street, Room 21801. Ricciardi and Sons Construction, Inc., 807, Milwaukee, Wis. 53203. No. MC 135026 TA, filed October 28, Old Webster Road, Oxford, Mass. Send No. MC 129764 (Sub-No. 2 TA), filed 1970. Applicant: D. E. ROBERTS, doing protests to: District Supervisor Joseph October 28,1970. Applicant: HENRY AL­ business as ROBERTS TRUCK CO., 6005 W. Balin, Bureau of Operations, Inter­ LEN HASTINGS, doing business as H. A. Southeast 145th Avenue, Portland, Oreg. state Commerce Commission, 338 Fed­ HASTINGS, 110 Howard Avenue, Post 97236. Applicant’s representative: Sey­ eral Building and U.S. Courthouse, 436 Office Box 361, Hebron, Md. 21830. Au­ mour L. Coblens, Corbett Building, Port­ Dwight Street, Springfield, Mass. 01103. thority sought to operate as a contract land, Oreg. Authority sought to operate No. MC 8535 (Sub-No. 32 TA), filed carrier, by motor vehicle, over irregular as a contract carrier, by motor vehicle, October 28, 1970. Applicant: GEORGE routes, transporting: Wood chips, from over irregular routes, transporting: TRANSFER AND RIGGING COMPANY, Salisbury, Md., to Philadelphia, Pa., Canned fruits and vegetables, for North­ INCORPORATED, 2700 Broening High­ for the account of Celotex Corp., for 180 west Packing Co., from its plantsite at way, Post Office Box 3969, Baltimore, Md. days. Supporting shipper: The Celotex Portland, Oreg., to the Los Angeles, San 21222. Applicant’s representative: James Corp., 1500 North Dale Mabry, Tampa, Francisco, and Bay of California, for 180 B. Nestor (same address as above). Au­ Fla. 33607. James J. Klein, Supervisor days. Supporting shipper: Northwest thority sought to operate as a common of Transportation. Send protests to: Packing Co., 440 North Columbia Boule­ carrier, by motor vehicle, over irregular Paul J. Lowry, District Supervisor, Bu­ vard, Portland, Oreg. 97211. Send pro­ routes, transporting: Fiberboard, wood reau of Operations, Interstate Commerce fiberboard faced or finished with decora­ tests to: District Supervisor A. E. Odoms, Commission, 206 Old Post Office Building, Interstate Commerce Commission, Bu­ tive and/or protective materials, and 129 East Main Street, Salisbury, Md. accessories and supplies, used in the in­ 21801. reau of Operations, 450 Multnomah stallation thereof (except commodities Building, Portland, Oreg. 97204. in bulk), from the plant and warehouse No. MC 133240 (Sub-No. 11 TA), filed sites of Evans Products Co. at or near October 28,1970. Applicant: WEST END By the Commisison. Doswell, Hanover County, Va., to points TRUCKING CO. INC., 530 Duncan Ave­ [seal] R obert L. Oswald, hi Connecticut, Delaware, Kentucky, nue, Jersey City, N.J. 07306. Applicant’s Secretary. Indiana, Maine, Maryland, Massachu­ representative: George A. Olsen, 69 Ton- [FJR. Doc. 70-14942; Filed, Nov. 4, 1970; setts, New Hampshire, New Jersey, New nele Avenue, Jersey City, N.J. 07306. Au­ 8:52 ajn.]

FEDERAL REGISTER, VO L 35, NO. 216— THURSDAY, NOVEMBER 5. 1970 17102 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— NOVEMBER

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

3 CFR Pa*e 14 CFR—Continued **6® 38 CFR Page P roclamations: P roposed R ules: 17______16920 4020______— 16903 Ch. I______16980 39______16937, 17054 3 9 CFR 5 CFR 213______— l __ 16905 17 CFR 155______17038 231______^______16919 7 CFR 249______16919 4 1 CFR 52___ 16906 18 CFR 3-1______16920 215______16973 3-7______*______16922 722____ 17029 2______17040 3 -1 1 ______— 16923 905______16909 154______17040,17041 3-75______16924 1464______16910 157______17041 1520______16911 P roposed R ules: 4 2 CFR P roposed R ules: 154-.,______17061 81______16927,16976,16977, 17042 932______17046 19 CFR 1050______17046 4 7 CFR 4______— 17042 5______16926 9 CFR 73______16926,16977,17042 21 CFR 76_...... 16912, 16917, 16918, 16973 P roposed R ules: 120______16974 23 _ 17057 12 CFR P roposed R ules: 73______16983 3______16937 226 ______16919, 17029 120______16980 261______16973 4 9 CFR 130______16937 1 17044 P roposed R ules: 30 CFR 571______- ______- 16927 226______17061 1033______-______16931, 16933,16934 P roposed R ules: 1056______16935 13 CFR 503-____ 17062 1131______- _____ . ------17045 P roposed R ules: P roposed R ules: 32 CFR 179______16983 121______16939, 16940 62______16974 571— ______16937 575_____—______17057 14 CFR 32A CFR 1048— ______17063 OIA (Ch. X ): 39______17030 OI Reg. 1______16976 71______17031-17036 5 0 CFR 91______17036 ______16935 121______17037 36 CFR 198______17038 50...... ——...... 17042