FEDERAL REGISTER VOLUME 32 NUMBER 75

Wednesday, April 19, 1967 Washington, D.C. Pages 6121-6168

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Business and Defense Services Administration Census Bureau Civil Aeronautics Board Consumer and Marketing Service Defense Department Emergency Planning Office Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Deposit Insurance Corporation Federal Maritime Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration International Commerce Bureau Interstate Commerce Commission Labor Department Labor Standards Bureau Land Management Bureau National Bureau of Standards National Park Service Detailed list of Contents appears inside. How To Find U.S. Statutes and United States Code Citations

[Revised Edition—1965]

This pamphlet contains typical legal eluded. Examples are furnished at references which require further cit- pertinent points and a list of refer- ing. The official published volumes ences, with descriptions, is carried in which the citations may be found at the end. are shown alongside each refer- This revised edition contains il- ence—with suggestions as to the lustrations of principal finding aids logical sequence to follow in using and reflects the changes made in them. Additional finding aids, the new master table of statutes set some especially useful in citing cur- out in the 1964 edition of the United rent legislation, also have been in- States Code.

Price: 10 cents

Compiled by Office of the Federal Resister, National Archives and Records Service, General Services Administration

[Published by the Committee on the Judiciary, House of Representatives]

Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402

T53 'h. Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERAMREIÌISTER Archives and Records Service, General Services Administration (mail address National Area Code 202 A ou«««Phone o 962-8626 a o q a o a Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of F ederal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code of Federal R egulations. C on tents

CONSUMER AND MARKETING Notices THE PRESIDENT Hearings, etc.: SERVICE Advanced Electronics and In- proclamation Rules and Regulations d u s t r i a l Communications, D is c o v e r America Planning Week- 6125 Type 62 shade-grown cigar-leaf Inc ______6153 tobacco grown in designated CATV of Rockford, Inc., et al_6153 production-area of Florida and EastSt. Louis Broadcasting Co., EXECUTIVE AGENCIES Georgia; expenses and rate of Inc., and Metro-East Broad­ assessment______6128 casting, Inc______6153 agricultural stabilization Valencia oranges grown in Arizona Jones, Ward L., and Mars Hill and designated part of Cali­ Broadcasting Co., Inc______6154 AND CONSERVATION SERVICE fornia; handling limitations__ 6128 United Transmission, Inc., et al. 6153 Rules and Regulations Notices FEDERAL DEPOSIT INSURANCE Peed grains; 1966-69 program reg­ Peanuts; budget expenses of Ad­ CORPORATION ulations------6127 ministrative Committee a n d Processor wheat marketing cer­ rate of assessment for 1967 crop Notices tificate regulations; interpreta­ year______6149 Peoples Bank, Starkville, Miss.; tion______—,------6127 notice of application for exemp­ Upland cotton; 1967-69 program tion ______6154 regulations------—------6127 DEFENSE DEPARTMENT See also Engineers Corps. FEDERAL MARITIME AGRICULTURE DEPARTMENT Rules and Regulations COMMISSION See Agricultural Stabilization and Armed services procurement regu­ Notices Conservation Service; Consumer lations; price adjustments In Agreements filed for approval: and Marketing Service. contracts for fluid milk____ Lj*. 6136 Fillette, Green & Co., et al_____ 6154 United States Lines, Inc., and EMERGENCY PLANNING OFFICE American Mail Line______6155 ARMY DEPARTMENT Security for protection of public; See Engineers Corps. Notices indemnification of passengers Imports of asphalt and asphalt for nonperformance of trans­ produced from oils; notice of in­ portation : BUSINESS AND DEFENSE vestigation ______6155 American Export Isbrandtsen Lines, Inc., et al______6155 SERVICES ADMINISTRATION Chicago, Duluth and Georgian Notices ENGINEERS CORPS Bay Transit Co______6155 California Institute of Technology Rules and Regulations FEDERAL TRADE COMMISSION et al.; notice of applications for Indian Creek, Fla., and Pacific free entry of scientific articles- 6150 Ocean, Calif.; bridge and danger Rules and Regulations zone regulations------6137 Olson, Charles A., and Consoli­ dated Sewing Machine Co., etc.; CENSUS BUREAU FEDERAL AVIATION prohibited trade practices_____ 6130 Notices ADMINISTRATION FISH AND WILDLIFE SERVICE Multiunit companies; number of Rules and Regulations Rules and Regulations employees, taxable wages, geo­ Restricted area; alteration------6128 Elizabeth Alexandra Morton Na­ graphic location and kind of tional Wildlife Refuge, N.Y.; business for establishment; no­ Proposed Rule Making sport fishing______6143 tice of determination for sur­ Transition area; proposed altera­ veys______... 6150 tio n ______6145 FOOD AND DRUG ADMINISTRATION CIVIL AERONAUTICS BOARD FEDERAL COMMUNICATIONS Rules and Regulations Rules and Regulations COMMISSION Color additives: Organization and operation dur- ■■ Rules and Regulations Carmine______'_____ 6131 Ferrous gluconate______6131 ing e m e r g e n c y conditions; FM broadcast station, Port Jervis, amendment deleting Director, Food additives; resinous and poly­ N.Y., etc.; table of assignments. 6138 meric coatings______6132 Bureau of Safety from order of Holders of novice, technical, or succession______6128 2-Choloro-N-isopropylacetanilide; conditional class operators li­ tolerances and exemption from Notices censes; additional examination. 6143 tolerances______6132 Television broadcast channels; Hearings, etc.: short-spaced assignment: Proposed Rule Making Allegheny Airlines Route 97 Lake City, Fla ______6142 Canned artificially sweetened Investigation__.___ 6151 Lansing, Mich------:______6142 fruits; identity standards_____ 6144 Trans-Texas Airways, Inc____ 6151 Temple, Tex______6142 Notices Proposed Rule Making Petitions regarding food additives COMMERCE DEPARTMENT Noncommercial educational tele­ and pesticides: See Business and Defense Services vision broadcast stations, Eagle FMC Corp______6150 Administration; Census Bureau; Butte, S. Dak.; table of assign- Grace, W. R. & Co______6151 International Commerce Com­ m en ts______6147 Shell Chemical Co______6151 mission; National Bureau of Radio frequency devices; low Stauffer Chemical Co______6151 Standards. power communication devices_6145 {Continued on next page) 6123 6124 CONTENTS

HEALTH, EDUCATION, AND LABOR DEPARTMENT Notices WELFARE DEPARTMENT See also Labor Standards Bureau. Nevada; proposed classification of public lands for multiple use See Food and Drug Administra­ Rules and Regulations management______6148 tion. Rules of practice for administra­ Washington; recommended with­ INTERIOR DEPARTMENT tive proceedings enforcing labor drawal and reservation of lands. 6148 See Fish and Wildlife Service; standards in Federal service Land Management Bureau; Na­ contracts______6133 NATIONAL BUREAU OF tional Park Service. STANDARDS LABOR STANDARDS BUREAU INTERNATIONAL COMMERCE Rules and Regulations Rules and Regulations BUREAU Standard reference materials; Hazardous occupations in agricul­ standards of certified chemical Rules and Regulations ture; adaption of procedure composition______6129 Miscellaneous amendments to to determinations______6136 chapter______6129 NATIONAL PARK SERVICE Proposed Rule Making Notices INTERSTATE COMMERCE . Occupations in agriculture par­ COMMISSION ticularly hazardous for employ­ Administrative Assistant, East Na­ ment of children below age tional Capital Parks, Md.; dele­ Notices of 16______6144 gation of authority______6149 Fourth section applications for Kings Canyon National Park, relief______6156 Calif.; jurisdiction over certain Motor carrier; LAND MANAGEMENT BUREAU lands added to park______6149 Rocky Mountain National Park Alternate route deviation no­ Rules and Regulations tices ______6156 and Shadow Mountain National Applications and certain other New Mexico; public land order__ 6138 Recreation Area; notice of in­ proceedings (2 documents)__ 6158, tention to issue concession 6162 permits______6149 Intrastate applications______6163 Temporary authority applica­ TRANSPORTATION DEPARTMENT tions ______6164 See Federal Aviation Administra­ Transfer proceedings.______6165 tion.

List of CFR Parts Affected (Codification Guide) 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 thé parts and sections affected by documents published since January 1, 1967, and specifies how they are affected. 3 CFR 15 CFR 32 CFR P roclamation: 230______6129 1------6136 3780______6125 373______. ______6130 379______6130 33 CFR Executive Order: 385______^______6130 7743 (amended by PLO 4194)____ 6138 203 ______6137 ; t 204 ______6137 16 CFR 7 CFR 13___ 6130 43 CFR 722______6127 P ublic Land Orders: 775______6127 4194______6138 777------6127 21 CFR 908______6128 8 (2 documents)______6131 47 CFR 1201______6128 120------6132 73 (4 documents)______6138,6142 121__------6132 97______6143 P roposed R ules: P roposed Rules: 14 CFR 27______6144 15______6145 73______6128 73______6147 387------6128 29 CFR P roposed R ules: 50 CFR 6------6133 71— ______6145 1500______6136 33___ 6143 P roposed R ules: 1500______6144 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3780 DISCOVER AMERICA PLANNING WEEK By the President of the United States of America ^ 7 A Proclamation The discovery of America began many centuries ago, but it is riot yet ended. It is a continuing experience. Each year, more and more Americans—and friends from other lands—are discovering anew our Nation’s bountiful store of natural and cultural treasure. America is blessed with a wealth of scenic beauty of widely varied kinds. It is rich in historical, cultural, educational, and technological attractions. It is abundant in recreational opportunities and facilities. Its people are hospitable. As the summer of 1967 approaches, more travelers than ever before are preparing for that experience of discovery. It is estimated that 140 million United States citizens will journey this year to some part of our broad and diverse Nation for pleasure. In addition, some 9 million visitors from other lands will come here to share the enjoyments which our country offers. This travel is good for America and its people. In economic terms, it will bring into circulation an estimated $26 billion. Even more important are the^memorable contributions which travel makes to the health, happiness and mutual understanding of all people. It is appropriate that a period of time be set aside in which attention can be focused on the benefits which travel in the United States will bring to the Nation, its citizens and its visitors. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby proclaim the period of April 16-22, 1967, to be DISCOVER AMERICA PLANNING WEEK throughout the Nation. In the interest of making 1967 a better travel year than ever for the United States, I urge all individuals, businesses, industries, and civic and other organizations to give the observance their fullest cooperation and support. This can be done by encouraging Americans and the citizens of other lands to discover and enjoy the scenic, historical, recreational, cultural, educational and industrial attractions of the United States, its territories, and possessions, and the Commonwealth of Puerto Rico. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this fifteenth day of April in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-first.

I I By the President:

Secretary of State. [F.R. Doc. 67-4406; Filed, Apr. 18, 1967; 12:49 p.m.]

FEDERAL REGISTER, VOL. 3 2 , N O . 75— WEDNESDAY, APRIL 1 9 , 1 9 6 7

6127 Rules and Regulations

§ 775.419 Additional provisions relat- clears produced by the processor in a different Title 7— AGRICULTURE ing to tenants and sharecroppers. plant than the plant in which the blending * * * # * is accomplished, a separate Form CCC-165 Chapter VII— Agricultural Stabiliza­ must be issued by each plant from which the (c) Notwithstanding any other pro­flour second clears were transferred and such tion and Conservation Service (Ag­ vision of this section, a landlord or oper­ form must be retained in the records of the ricultural Adjustment), Department ator who in the past had tenants or plant in which the blending is accomplished of Agriculture sharecroppers on his land for purposes to identify the use of such flour second clears of producing feed grains may pay these in the blend. SUBCHAPTER B— FARM MARKETING QUOTAS individuals on a wage basis and this Blending is considered to have oc­ AND ACREAGE ALLOTMENTS action will not be considered as reducing curred under the regulations if a proc­ [A m d t. 1] the number of tenants or sharecroppers essor mixes together quantities of flour provided such individuals are classified second clears or mixes together flour sec­ PART 722— COTTON as employees under the Fair Labor ond clears with nonqualifying clears, Subpart— 1967—69 Upland Cotton Standards Act. other types of flour or other ingredients Program Regulations (Sec. 16(1), 79 Stat. 1190, 16 U.S.C. 590p(i); in the following circumstances: seç. 105(e), 79 Stat. 1188, as amended, 7 U.S.C. 1. If the products mixed together were Additional P rovisions R elating to 1441 note) produced from different classes of wheat Tenants and S harecroppers Effective date: Date of filing this docu­ even though such products were pro­ Section 722.817 of the regulations gov­ ment with the Director, Office of the duced in the same plant as where the erning the 1967-69 Upland Cotton Pro­ Federal Register. mixing occurs. gram, 32 F.R. 2931, is hereby amended 2. If the products mixed together were by adding a new paragraph (c) to read Signed at Washington, D.C., on April produced in two or more plants. as follows: 13, 1967. 3. If one or more of such products had H. D. Godfrey, been binned or packaged prior to the § 722.817 Additional provisions relating Administrator, Agricultural Sta­ mixing operations even though all the to tenants and sharecroppers. bilization and Conservation products mixed may have been produced * * * * * Service. in the same plant as where the mixing' (c) Notwithstanding any other pro­ [F.R. Doc. 67-4258; Filed, Apr. 18, 1967; occurs. vision of this section, a landlord or op­ 8:46 a.m.] The resulting blended quantities shall erator who in the past had tenants or qualify for refund if (i) each component sharecroppers on his land for purposes in the blend meets the definition of flour of producing cotton may pay these in­ PART 777— PR O CESSO R W HEAT second clears (see § 777.3(u)), and (ii) dividuals on a wage basis and this action MARKETING CERTIFICATE REGU­ all of the clears in the blend were pro­ duced by the processor who blended the will not be considered as reducing the LATIONS number of tenants or sharecroppers pro­ clears together. If the processor blends vided such individuals are classified as Interpretation flour second clears with either nonquali­ employees under the Fair Labor Stand­ fying clears, other types of flour or any ards Act. The following interpretation of § 777.18 other ingredient, or if the processor (Sec. 103(d), 79 Stat. 1194, 7 U.S.C. 1444(d) ) (b) of the Processor Wheat Marketing blends flour second clears produced by Certificate Regulations (31 F.R. 13502) him with flour second clears produced by Effective date : Date of filing this docu­ is issued. In connection with recent ex­ a different processor, the entire blended ment with the Director, Office of the aminations of flour processors’ plants by quantity shall be ineligible for refund Federal Register. representatives of the U.S. Department unless the blending is accomplished in a Signed at Washington, D.C., on April of Agriculture, the question has arisen as plant in which the processor, acting as 13, 1967. to the meaning of the term “blending” an industrial user, uses the blended lot appearing in § 777.18(b) as it applies to in the production of a product not used H. D. Godfrey, the eligibility for refund of the flour sec­ for human consumption. Administrator, Agricultural Sta­ ond clears so produced. This paragraph On the other hand, blending is not con­ bilization and Conservation reads as follows: sidered to have occurred for the purpose Service. (b) Blending by the processor. A proces­ of the regulations, if a product had been [F.R. Doc. 67-4257; Filed, Apr. 18, 1967; sor may blend together quantities of processed at a plant from flour streams 8 :4 6 a .m .] flour second clears produced by him (includ­ produced in one or more units at the ing quantities of flour second clears produced same plant and from the same class of from different classes of wheat and quantises wheat and the combining of the streams SUBCHAPTER C— SPECIAL PROGRAMS of flour second clears produced in two or more occurs prior to binning or packaging of plants) without the blended lot thereby be­ [Amdt. 5] coming ineligible for refund. If the proces­ such streams. In such case the result­ sor blends flour second clears with either ing product would qualify as flour sec­ PART 775— FEED GRAINS nonqualifying clears, other types of flour or ond clears if it meets the requirements of any other ingredient, or if the processor § 777.3(q), regardless of whether all of Subpart-—1966—69 Feed Grain blends flour second clears produced by him the streams conformed to this definition with flour second clears produced by a dif­ prior to the time the combining occurred. Program Regulations ferent processor, the entire blended quantity Signed at Washington, D.C., on April Additional P rovisions R elating to shall be ineligible for refund unless the blending is accomplished in a plant in which 13, 1967. Tenants and Sharecroppers the processor, acting as an industrial user, H. D. Godfrey, Section 775.419 of the regulations gov­ uses the blended lot in the production of a Administrator, Agricultural Sta­ product not used for human consumption. bilization and Conservation erning the 1966-69 Feed Grain Program, The processor shall issue only one original 31 F.R. 8339, as amended, is hereby fur­ Form CCC-165 for each shipment unit of Service. ther amended by adding a new paragraph blended flour second clears. If the blend is [F.R. Doc. 67-4259; Filed, Apr. 18, 1967; (c) to read as,follows: constituted in whole or in part of flour second 8:46 a.m.]

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6128 RULES AND REGULATIONS

Chapter IX— Consumer and Market­ Chapter XI— Consumer and Market­ assessable tobacco beginning with such ing Service (Marketing Agreements ing Service (Marketing Agreements date. and Orders; Fruits, Vegetables, and Orders; Miscellaneous Com­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C 601-674) Nuts), Department of Agriculture modities), Department of Agricul­ •Dated: April 13,1967. [Valencia Orange Reg. 196, Amdt. 1] ture PART 1201— TYPE 62 SHADE-GROWN . S tephen E. Wrather, PART 908— V A L E N C IA ORANGES Director, Tobacco Division, GROWN IN ARIZONA AND DES­ CIGAR-LEAF TOBACCO GROWN IN Consumer and Marketing Service. DESIGNATED PRODUCTION AREA IGNATED PART OF CALIFORNIA [F.R. Doc. 67-4290; Filed, Apr. 18, 1967; OF FLORIDA AND GEORGIA Limitation of Handling 8:49 a.m.] Subpart— Expenses and Rate of (a) Findings, (i) Pursuant to the marketing agreement, as amended, and Assessment Order No. 908, as amended (7 CFR Part Notice was published in the F ederal Title 14— AERONAUTICS AND 908), regulating the handling of Va­ R egister on March 21, 1967 (32 F.R. lencia oranges grown in Arizona and 4314), that there were under considera­ SPACE designated part of California, effective tion proposals regarding expenses of the Chapter I— Federal Aviation Adminis­ under the applicable provisions of the Control Committee (established under tration, Department of Transporta­ Agricultural Marketing Agreement Act the Amended Marketing Agreement and of 1937, as amended (7 U.S.C. 601-674), Amended Order No. 195 (7 CFR Part tion and upon the basis of the recommenda­ 1201)) regulating the handling of Type [Airspace Docket No. 67-SO-27] tion and information submitted by the 62 shade-grown cigar-leaf tobacco grown PART 73— SPECIAL USE AIRSPACE Valencia Orange Administrative Com­ in designated production area of Florida mittee, established under the said and Georgia and related rate of assess­ Alteration of Restricted Area amended marketing agreement and ment for the fiscal period ending Janu­ order, and upon other available infor­ ary 31, 1968. The amended marketing The purpose of this amendment is to mation, it is hereby found that the limi­ agreement and amended order are effec­ modify Restricted Area R-5306C, Cherry tation of handling of such Valencia tive under the Agricultural Marketing Point, N.C. oranges, as hereinafter provided, will Agreement Act of 1937, as amended (7 The Department of the Navy has in­ tend to effectuate the declared policy of U.S.C. 601 et seq.). formed the Federal Aviation Administra­ the act.. tion that it is necessary to modify R- After consideration of all relevant 5306C in order to facilitate helicopter (2) It is hereby further found that itmatter presented, including the aforesaid instrument procedures at New River Ma­ is impracticable and contrary to the pub­ notice, it is hereby found as follows with rine Corps Air Station, N.C. According­ lic interest to give preliminary notice, respect to the expenses of the Control ly, action is taken herein to modify the engage in public rule-making procedure, Committee for the fiscal period ending boundary of R-5306C. and postpone the effective date of this January 31, I960, and the related assess­ Since this amendment reduces the bur­ amendment until 30 days after publica­ ment rate : den on the public, notice and public tion thereof in the F ederal R egister (5 procedure hereon are unnecessary and U.S.C. 553 (1966)) because the time § 1201.300 Expenses and rale of assess­ intervening between the date when in­ ment for the fiscal period ending this amendment may be made effective January 31, 1968. on less than 30 days’ notice. formation upon which this amendment (a) Expenses : Expenses in the amount In § 73.53 (32 F.R. 2324) Restricted is based became available and the time of $8,500 are reasonable and likely to be Area R-5306C is amended, effective upon when this amendment must become ef­ incurred by the Control Committee for its publication in the F ederal R egister, by fective in order to effectuate the declared maintenance and functioning during the deleting the boundary description and policy of the act is insufficient, and this fiscal period ending January 31, 1968. substituting therefore: amendment relieves restriction on the (b) Rate of assessment: The rate of Boundaries. Beginning at latitude 34°40'- 00" N., longitude 77°22'00" W.; to latitude handling of Valencia oranges grown in assessment which each handler shall pay, in accordance with the applicable pro­ 34“36'05" N., longitude 77°26'08" W.; to lati­ Arizona and designated part of Cali­ visions of said amended marketing agree­ tude 34°38'12" N., longitude 77°26'00" W.; fornia. to latitude S4°40'20" N., longitude 77°22'12" ment and amended order, as his pro rata W.; to point of beginning. (b) Order, as amended. The provi­ share of the aforesaid expenses is hereby fixed at $1.25 per 1,000 pounds of tobacco (Sec. 307(a), Federal Aviation Act of 1958; sion in paragraph (b) (1) (i) and (iii) of 49 U.S.C. 1348) § 908.496 (Valencia Orange Reg. 196, 32 handled by such handler as the first han­ F.R. 5729) are hereby amended to read dler thereof during the fiscal period end­ Issued in Washington, D.C., on April ing January 31,1968. 11,1967. as follows: (c) Terms used in this section shall W illiam E. Morgan, § 908.496 Valencia Orange Regulation have the same meaning as when used Acting Director, Air Traffic Service. 196. in said amended marketing agreement [F.R. Doc. 67-4254; Filed, Apr. 18, 1967; * * * * * and amended order. 8:46 a.m.] (b) Order. (1) * * * It is hereby further found that good (i) District 1 : Unlimited movement; cause exists for not postponing the ef­ Chapter II— Civil Aeronautics Board * * * * * fective time of this action until 30 days (iii) District 3: Unlimited movement. after publication in the F ederal R egis­ SUBCHAPTER E— ORGANIZATION REGULATIONS * * * # * ter (5 U.S.C. 1001-1011) in that (a) the [Reg. OR-18] relevant provisions of said amended mar­ (Secs. 1-19, 48Stat. 31,. as amended; 7 U.S.C. PART 387— ORGANIZATION AND 601-674) keting agreement and amended order re­ OPERATION DURING EMERGENCY Dated : April 14,1967. quire that the rate of assessment fixed for a particular fiscal period shall be ap­ CONDITIONS P aul A. N icholson, Deletion of Director, Bureau of Safety, Deputy Director, Fruit and plicable to all assessable tobacco handled Vegetable Division, Consumer during such fiscal period, and (b) the From Order of Succession and Marketing Service. current fiscal period began February 1, Adopted by the Civil Aeronautics [F.R. Doc. 67-4260; Filed, Apr. 18, 1967; 1967, and the rate of assessment herein Board at its office in Washington, D.C., 8:46 a.m.] fixed will automatically apply to all such on the 14th day of April 1967.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 RULES AND REGULATIONS 6129 By Executive Order 11340 (32 F.R. two parts: (a) Primary chemicals, and 5453), the Department of Transportation Title 15— COMMERCE AND (b) Intermediate purity chemicals. The Act became effective as of April 1, 1967, section as it now appears becomes the and the Board’s safety functions and the FOREIGN TRADE first part with the addition of subhead­ Bureau of Safety were transferred to the ing (a) “Primary chemicals” before the Department of Transportation. The Di­ Chapter II— National Bureau of Stand­ present text material. A new paragraph rector, Bureau of Safety, was among the ards, Department of Commerce (b) “Intermediate purity chemicals” is Board staff members to whom, during added. emergency conditions, the Board has del­ SUBCHAPTER B— STANDARD REFERENCE The following amends Title 15 CFR egated authority to act in the name of MATERIALS Part 230 by revising § 230.7-20 Chemicals the Board or as Chairman of the Board PART 230— STANDARD REFERENCE to read: under certain contingencies specified in § 387.4 (c) and (d) of the Organization MATERIALS § 230.7—20 Chemicals. Regulations. Since the Director, Bu­ Subpart C— Standards of Certified (a) Primary chemicals. * * * reau of Safety, is no longer a member of Chemical Composition (b) Intermediate purity chemicals. the Board’s staff, § 387.4 is being This group of materials is intended to amended to reflect this change. Chemicals bridge the gap between commercial ma­ Th is regulation is issued by "the under­ Under the provisions of 15 U.S.C. 275a terials available in bulk and materials signed, pursuant to a delegation of au­ and 277, the following amendment re­ available in primary or purer grades. thority from the Board to the General lating to standard reference materials They should prove useful to the small Counsel in 14 CFR 385.20, and shall be­ issued by the National Bureau of Stand­ research laboratory or individual work­ come effective 20 days after publication ards is effective upon publication in the ers engaged in purification, as a charac­ in the F ederal R egister. Procedures terized starting material. Such mate­ F ederal R egister. rials are also useful in analytical pro­ for review of this amendment by the The amendment revises § 230.7-20 Board are set forth in Subpart C of Part cedures when a higher-purity primary 385 (14 CFR 385.50-385.54). Chemicals by dividing the section into grade is neither necessary nor available. Accordingly, the Board hereby amends paragraphs (c) and (d) of § 387.4 (14 Sample No. Kind Approximate CFR 387.4 (c) and (d)), effective May weight 9,1967, to read as follows: 726. ____ Selenium, intermediate purity______1 lb $40 § 387.4 Organization and delegations of 727______Rubidium chloride, intermediate purity__ 1.0 g—.r-_—------20 authority. -(Sec. 9, 31 Stat. 1450, as amended; 15 U.S.C. 277. Interprets or applies sec. 7, 70 Stat. During emergency conditions: 959; 15 U.S.C. 275a) * * *. * * Dated: April 7,1967. (c) In the event no Board Member is A. V. Astin, capable of acting, actions in the name Director. and authority of the Board shall be [F.R. Doc. 67-4262; Filed, Apr. 18, 1967; 8:46 a.m.] taken by the following: The Executive Director; the Director, Bureau of Eco­ nomics; the General Counsel; The Di­ Chapter III— Bureau of International tional Stockpile, the exporter shall enter rector, Bureau of Operating Rights; and Commerce, Department of Com­ on the application a certification to this the Director, Bureau of Enforcement. If merce effect (see § 373.43(b) for wording of one or more of them cannot act, his or certification). their deputies or staff in line of succes­ SUBCHAPTER B— EXPORT REGULATIONS (2) If the application covers copper sion as provided in paragraph (g) of [10 Gen. Rev. of Export Regs., Amdt. 28] supplied from the U.S. National Stock­ this section shall act. The authority pile, the exporter shall so state on the of the above designees, or their succes­ MISCELLANEOUS AMENDMENTS application. sors, shall mean and include the dele­ TO CHAPTER (3) If the exporter does not know, or gated authority to act for the Board. is unable to determine, whether the re­ Parts 373, 379 and 385 of the Code of fined copper described on the applica­ (d) The authority of the Chairman, in Federal Regulations are amended as set tion has been, or will be, supplied from the event he is incapacitated or incapable forth below: the U.S. National Stockpile, he shall so of acting, shall be exercised by the Vice Effective date: April 1,1967. Chairman, and in the event he is unable state on the application and include the to act, by the other Members of the R auer Meyer, reason(s) why this information is not Board in order of seniority; if any Board Director, available. Member is unable to act as Chairman, Office of Export Control. Effective date: April 1,1967. then members of the Board’s staff shall I. Certification that refined copper is Accordingly, § 373.43(b) is amended as act as Chairman in the following order: not from the U.S. National Stockpile.1 set forth below. Et. Uniform multiple statement for The Executive Director; the Director, Purpose and effect: To insure that the domestic supply of copper released from electronic computers. An application Bureau of Economics; the General Coun­ the U.S. National Stockpile is not de­ for a license to export an electronic com­ sel; the Director, Bureau of Operating pleted through exports, an application puter must include the technical infor­ Rights; the Director, Bureau of Enforce­ for a license to export refined copper mation set forth in § 373.50. ment; their respective deputies or staff (Export Control Commodity No. 68212) Where the applicant previously has in line of succession to the preceding staff supplied from this source will be denied, furnished the Office of Export Control members. except in unusual circumstances. There­ the technical specifications for his line of electronic computers, this fact may be * * 4c 4c * fore, all applications shall specify whether they cover refined copper sup­ referenced in the application instead of (Executive Order No. 11090 (28 F.R. 1841); furnishing the required technical infor­ Reorganization Plan No. 3" of 1961, 75 Stat. plied from the U.S. National Stockpile, mation with each application. The 837; 49 U.S.C. 1324 (note); sec. 204(a), 72 as follows: Stat. 743; 49 U.S.C. 1324) .wording of the statement"to be used in (1) If the application covers refinedmaking this reference is set forth in the By the Civil Aeronautics Board. copper not supplied from the U.S. Na- regulation. fsEAL] J oseph B. Goldman, Effective date: April 1,1967. 1 The reporting requirements contained General Counsel. herein have been approved by the Bureau Accordingly, § 373.50(b) of the U.S. IF.R. Doc. 67-4272; Filed, Apr. 18, 1967; of the Budget in accordance with the Fed­ Export Regulations is amended as set 8:47 a.m.] eral Reports Act of 1942. forth below.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 No. 75----- 2 6130 RULES AND REGULATIONS III. Iron and steel commodities. Sec­ applications covering refined copper pro­ PART 379— EXPORT CLEARANCE AND tion 373.19 of the U.S. Export Regula­ duced from foreign-origin copper raw DESTINATION CONTROL tions sets forth some special requirements materials or refined copper produced for completing applications for licenses from material which was declared as an § 373.12 [Amended] to export iron and steel products and iron offset against an equivalent quantity of In § 379.12 Air cargo clearance at cer­ and steel scrap. These special require­ foreign-origin copper raw materials en­ tain ports of origin, paragraph (c) is ments are no longer necessary. There­ tered into the United States under a amended to include “St. Louis, Mo.” after fore, applications for licenses to export Customs Import Entry, will be con­ “Portland, Oreg.”. these commodities may now be completed sidered for licensing without a charge in accordance with the general instruc­ against the refined copper export PART 385— EXPORTATIONS OF quota. * * * tions shown in § 372.5 of said regulations. TECHNICAL DATA Effective date of action: April 1, 1967. (3) Subject to the provisions of sub- paragraph (4) of this paragraph, refined Section 385.2(c) (4) (iii) (ee) is revised 'Accordingly, §*§ 373.19 (a) and (b), copper not meeting the provisions of to read as follows: 373.42, 373.46, 374.55, and 373.63 are subparagraph (2) of this paragraph will § 385.2 General licenses. hereby deleted. be licensed under the Past Participation 4c 4c 4c 4c 4c IV. St. Louis, Mo., airport authorized to in Exports method of licensing (see (c) * * * clear air shipments for export. Certain § 373.8), * * * ( 4 ) 4c 4c 4C inland airports in the United States have (4) Certification regarding U.S. Na­ been authorized to clear air shipments (iii) * * * tional Stockpile Origin: Except in un­ (ee) Hot or cold isostatic presses; and for export, as set forth in § 379.12 of the usual circumstances, an application for U.S. Export Regulations. St. Louis, Mo., specially designed parts and accessories a license to export refined copper sup­ (Export Control Commodity No. 71980); is now added to the list of airports with plied from the U.S. National Stockpile this authority. and will be denied. Therefore, each license * „ * * 4t % Effective date: April 1,1967. application shall specify whether it covers refined copper supplied from the (Sec. 3, 63 Stat. 7; 50 U.S.C. App. 2023; E.O. Accordingly, § 379.12(c) of the U.S. 10945, 26 F.R. 4487, 3 CFR 1959-63 Comp.; U.S. National Stockpile. This informa­ E.O.J1038, 27 F.R. 7003, 3 CFR 1959-63 Export Regulations is amended as set tion shall be entered on the application forth below. Comp.) in the space entitled “Additional Infor­ [F.R. Doc. 67-4263) Filed, Apr. 18, 1967; V. Revision of General License GTDU. mation”, or on an attachment thereto, 8:46 a.m.] Before exporting unpublished technical as follows: data relating to certain materials and (i) If the application covers copper equipment under the provisions of Gen­ eral License GTDU, the exporter must not supplied from the U.S. National Title 16— COMMERCIAL obtain from the importer a written as­ Stockpile, the exporter shall enter the surance that neither the technical data following certification: nor the direct product^thereof is in­ I (we) certify that- the refined copper PRACTICES tended to be shipped, directly or indi­ described in this application has not Chapter I— Federal Trade rectly, to a destination in Country Group been, and will not be, supplied from the Commission W, Y, or Z. The list of materials and U.S. National Stockpile. [Docket No. 8705] equipment subject to this requirement (ii) If the application covers copper for a written assurance is now extended supplied from the U.S. National Stock­ PART 13— PROHIBITED TRADE to include technical data relating to pile, the exporter shall so indicate. PRACTICES “Cold isostatic presses and specially de­ (iii) If the exporter does not know, or signed parts and accessories therefor is unable to determine, whether the re­ Charles A. Olson et al. (Export Control Commodity No. 71980).” fined copper has been, or will be, sup­ Subpart—Advertising falsely or mis­ Effective date of action: May 1, 1967. plied from the U.S. National Stockpile, leadingly: § 13.15 Business status, advan­ he shall so indicate and include the rea­ tages, or connections: 13.15-25 concealed Accordingly, § 385.2(c) (,4) (iii) of the son (s) why this information is not avail­ subsidiary, fictitious collection agency, U.S. Export Regulations Schedule is able. etc.; § 13.70 Fictitious or misleading amended as set forth below. * * * * * guarantees; § 13.155 Prices: 13.155-10 The amendments to Parts 373, 379, Bait; 13.155-78 Repossession balances; and 385 are as follows: 3. Subparagraph (5) is added to§ 13.157 Prize contests. Subpart—Mis­ § 373.50(b), reading as follows: PART 373— LICENSING POLICIES AND representing oneself and goods—Business § 373.50 Electronic computers. status, advantages, or connections: § 13.- RELATED SPECIAL PROVISIONS * * * * * 1390 Concealed subsidiary, fictitious col­ § 37 3 .1 9 [A m ended] lection agency, etc.; Misrepresenting one­ 1. a. Section 373.19 (a) and (b) is (b) * * * self and goods—Goods: § 13.1647 Guar­ 05) Instead of including this informa­ antees; § 13.1705 Prize contests; § 13.1715 deleted. tion on each application, the applicant Quality; Misrepresenting oneself and §§ 373.42, 373.46, 373.55, 373.63 [De­ may furnish the Office of Export Con­ goods—Prices: § 13.1779 Bait. Subpart— leted] trol with technical specifications and Using misleading name—Goods: § 13.- b. Sections 373.42, 373.46, 373.55, and other related data for his line of elec­ 2330 Quality; Using misleading name— 373.63 are deleted. tronic computers and keep this infor­ Vendor: § 13.2365 Concealed subsidiary, mation current by supplementing it with fictitious collection agency, etc. 2. In § 373.43(b), the first sentence of technical bulletins or other similar pub­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret subparagraph (2) and the first sentence lications as they are released. In such or apply sec. 5, 38 Stat. 719, as amended; 15 of subparagraph (3) are revised, and a cases, an exporter can comply with the U.S.C. 45) [Cease and desist order, Charles A. new subparagraph (4) is added, reading requirements of this § 373.59 by identify­ Olson doing business as Consolidated Sewing as follows: ing the model number and entering the Machine Co., etc., Washington, D.C., Docket 8705, Mar. 27,1967] § 373.43 Blister and refined copper, following statement in the commodity copper-based alloy ingots, master description space of the application or on In the Matter of Charles A. Olson, an alloys, and semifabricated copper a signed attachment to the application: Individual, Doing Business as Consoli­ products. The current technical information relat­ dated Sewing Machine Co. and Con­ * * * * * ing to the commodity (ies) described on this solidated Sewing Machine Co. of (b) * * * application, as required by § 373.50 of the Washington, D.C. (2) Subject to the provisions of sub-Export Regulations, has been previously fur­ Order requiring a Washington, D.C., pargraph (4) of this paragraph, license nished the Office of Export Control. retailer of sewing machines and vacuum

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 RULES AND REGULATIONS 6131 cleaners to cease misrepresenting the 9. Representing, directly or by impli­ (b) Specifications. Ferrous gluconate nature of his business, making false cation, that any savings, discount, or shall meet the specifications given in the pricing, savings, and guarantee claims, allowance is given purchasers from re­ Food Chemicals Codex. conducting fictitious “drawings,” and spondent’s selling price for specified (c) Uses and restrictions. Ferrous using bait tactics. merchandise unless such selling price is gluconate may be safely used in amounts The order to cease and desist is as the amount at which such merchandise consistent with good manufacturing follows: has been sold or offered for sale in good practice for the coloring of ripe olives. It is ordered, That respondent Charles faith by respondent for a reasonably (d) Labeling. The label of the color A. Olson, an individual, doing business as substantial period of time in the recent additive shall conform to the require­ Consolidated Sewing Machine Co. or regular course of his business. ments of § 8.32. Consolidated Sewing Machine Co. of By “Final Order” further order requir­ (e) Exemption from certification. Washington, D.C., or under any other ing report of compliance is as follows: Certification of this color additive is not name or names, and respondent’s agents, It is further ordered, That Charles A. necessary for the protection of the pub­ representatives, and employees, directly Olson, an individual, doing business as lic health, and therefore batches thereof or through any corporate or other device, Consolidated Sewing Machine Co. and are exempt from the certification re­ in connection with the advertising, of­ Consolidated Sewing Machine Co. of quirements of section 706(c) of the act. fering for sale, sale, or distribution of Washington, D.C., shall, within sixty Any person who will be adversely af­ sewing. machines, vacuum cleaners, or (60) days after service of this order upon fected by the foregoing order may at any any other products in commerce, as him, file with the Commission a report in writing, signed by the respondent, set­ time within 30 days from the date of its “commerce” is defined in the Federal publication in the F ederal R egister file Trade Commission Act, do forthwith ting forth in detail the manner and form with the Hearing Clerk, Department of cease and desist from: of his compliance with the order to cease Health, Education, and Welfare, Room 1. Representing, directly or by impli­ and desist. 5440, 330 Independence Avenue SW., cation, that merchandise has been left Issued: March27,1967. Washington, D.C. 20201, written objec­ in layaway or that it is being offered for By the-Commission. tions thereto. Objections shall show the balance of the purchase price unpaid wherein the person filing will be ad­ by a previous purchaser; or misrepre­ [seal] Joseph W. S hea, versely affected by the order and specify senting in any manner the status, kind, Secretary. with particularity the provisions of the quality, or price of the merchandise [F.R. Doc. 67-4243; Filed, Apr. 18, 1967; order deemed objectionable and the being offered. 8:45 a.m.] grounds for the objections. If a hearing 2. Using the names “Credit Dept.,” is requested, the objections must state “Collection Department,” “Consolidated the issues for the hearing and such ob­ Adj. Office,” “National Adj.,” or other jections must be supported by grounds names of similar import or meaning; or Title 21— FOOD AND DR06S legally sufficient to justify the relief otherwise representing, directly or by sought. Objections may be accompa­ implication, that respondent is engaged Chapter I— Food and Drug Adminis­ nied by a memorandum or brief in sup­ in the business of collecting debts or of tration, Department of Health, Edu­ port thereof. All documents shall be adjusting or settling accounts? or mis­ cation, and Welfare submitted in six copies. representing in any manner the nature SUBCHAPTER A— GENERAL Effective date. This order shall be­ or status of respondent’s business. come effective 60 days from the date of 3. Representing, directly or by impli­ p a r t 8— COLOR ADDITIVES its publication in the F ederal R egister, cation, that purchasers save the paid-in exCëpt as to any provisions that may be amount on unclaimed layaway merchant Subpart D— Listing of Color Additives stayed by the filing of proper objections. dise; or misrepresenting in, any manner for Food Use Exempt From Cer­ Notice of the filing of objections or lack the savings afforded purchasers of re­ tification spondent’s products. thereof will be announced by publication in the F ederal R egister. 4. Representing, directly or by impli­ F errous G luconate; Listing for F ood cation, that products are guaranteed, U se; Exemption F rom Certification (Sec. 706(b)(1), (c)(2), (d), 74 Stat. 399, 402; 21 U.S.C. 376(b)(1), (c)(2), (d) ) unless the nature, conditions, and ex­ In the matter of establishing regula­ tent of the guarantee and the manner in tions listing for food use and exempting Dated: April 11,1967. which the guarantor will perform there­ from certification the color additive fer­ J . K . K i r k , under are clearly and conspicuously dis­ rous gluconate: Associate Commissioner closed. No comments were received in response for Compliance. 5. Representing, directly or by impli­ to the notice of proposed rulemaking in [F.R. Doc. 67-4275; Filed, Apr. 18, 1967; cation, that any products or services are the above-identified matter published 8:47 a.m.] offered for sale when such offer is not in the F ederal R egister of February 8, a bona fide offer to sell such products or 1967 (32 F.R. 26463, and the Commis­ PART 8— COLOR ADDITIVES services on the terms and conditions sioner of Food and Drugs concludes that stated; or using any advertising, sales the amendment should be adopted as Subpart D— Listing of Color Additives Plan, or procedure involving the use of proposed. false, deceptive, or misleading statements for Food Use Exempt From Certifica­ Therefore, pursuant to the provisions tion to obtain leads or prospects for the sale of the Federal Food, Drug, and Cosmetic of other merchandise. Act (sec. 706(b)(1), (c) (2), (d), 74 Stat. Subpart F— Listing of Color Additives 6. Disparaging in .any manner or dis­ 399, 402; 21 U.S.C. 376(b)(1), (c)(2), couraging the purchase of any products for Drug Use Exempt From Certifi­ (d)) and under the authority delegated cation advertised. to the Commissioner of Food and Drugs J. Representing, directly or by impli­ by the Secretary of Health, Education, Carmine; Listing for F ood and D rug cation, that names of winners are ob­ and Welfare (21 CFR 2.120): It is or­ U se; Exemption from Certification tained through “drawings” or by chance dered, That Part 8 be amended by add­ Pursuant to the provisions of the Fed­ when all of the names selected are not ing to Subpart D the following new sec­ eral Food, Drug, and Cosmetic Act (sec. chosen by lot; or misrepresenting in any tion: 706(b), (c)(2), (d), 74 Stat. 399, 402; manner the method by which names are selected. ' • _ § 8.320 Ferrous gluconate. 21 U.S.C. 376(b), (c) (2), (d) ), and under the authority delegated to him by the 8. Representing, directly or by impli­ (a) Identity. The color additive fer­Secretary of Health, Education, and cation, that awards or prizes are of a rous gluconate is the ferrous gluconate Welfare (21 CFR 2.120), the Commis­ certain value or worth when recipients defined in the Food Chemicals Codex, sioner of "Food and Drugs, based on a thereof are not in fact benefited by or do First Edition, Publication 1406 (1966), petition filed by H. Kohnstamm & Co., not save the amount of the represented National Academy of Sciences-National Inc., 161 Avenue of the Americas, New value of such prizes or awards. Research Council, Washington, D.C. York, N.Y., 10013, and other relevant

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6132 RULES AND REGULATIONS material, finds that carmine is safe' for (2) Color additive mixtures for drug lide in or on the raw agricultural com­ use as a color additive in or on. foods and use made with carmine may contain only modities cottonseed and sweet corn. drugs under the conditions prescribed in those diluents listed in Subpart F as The Secretary of Agriculture has cer­ this order and that certification is not safe and suitable in color additive mix­ tified that this pesticide chemical is use­ necessary for the protection of the pub­ tures for coloring drugs, ful for the purposes for which the toler­ lic health. Therefore, it is ordered, (b) Uses and restrictions. Carmine ance is being established. That Part 8 be amended by adding to may be safely used for coloring ingested After consideration of the data sub­ Subpart D a new § 8.317 and by adding and externally applied drugs in amounts mitted in the petition and other relevant to Subpart F a new § 8.6009;. as follows: consistent with good manufacturing material, it is concluded that the toler­ ance established by this order will pro­ § 8.317 Carmine. practice. (c) Labeling requirements. The label tect the public health. Therefore, by (a) Identity. (1) Carmine is the alu­ of the color additive and any mixtures virtue of the authority vested in the Sec­ minum or calcium-aluminum lake on an intended solely or in part for coloring retary of Health, Education, and Wel­ aluminum hydroxide substrate of the purposes prepared therefrom shall con­ fare by the Federal Food, Drug, and Cos­ coloring principles, chiefly carminic acid, form to the requirements of § 8.32. metic Act (sec. 408(d) (2), 68 Stat. 512; obtained by an aqueous extraction of • (d) Exemption from certification. 21 U.S.C. 346a(d) (2) ) and delegated by cochineal (Dactylopius coccus costa him to the Commissioner of Food and Certification of this color additive is not Drugs (21 CFR 2.120), Part 120 is (Coccus cacti L.)). necessary for the protection of the public amended by adding to Subpart C a new (2) Color additive mixtures for foodhealth, and therefore batches thereof are section, as follows: use made with carmine may contain exempt from the certification require­ only those diluents listed in this Sub­ ments of section 706(c) of the act. § 120.211 2-ChIoro-7V-isopropylacetani- part D as safe and suitable in color Any person who will be adversely af­ lide; tolerances for residues. additive mixtures for coloring foods. fected by the foregoing order may at A tolerance of 0.1 part per million is (b) Specifications. Carmine shall any time within 30 days following the established for total negligible residues conform to the following specifications: date of its publication in the F ederal of the herbicide 2-chloro-N-isopropyl- Volatile matter (at 135° C. for 3 hours), not R egister file with the Hearing Clerk, acetanilide and its metabolites (calcu­ more than 20.0 percent. Department of Health, Education, and lated as 2-chloro-AMsopr opylacetani- Ash, not more than 12.0 percent. Welfare, Room 5440, 330 Independence lide) in or on the raw agricultural com­ Lead (as Fb), not more, than 10 parts per Avenue SW., Washington, D.G. 20201, modities cottonseed and sweet com million. •written objections thereto, preferably (kernels plus cobs with husks removed). Arsenic (as As), not more than' 1 part per in quintuplicate. Objections shall show million. Any person who will be adversely af­ Carminic acid, not less than 50.0 percent. wherein the person filing will be adverse­ fected by the foregoing order may at any ly affected by the order and specify with time within 30 days from the date of its Carminic acid shall be pasteurized or particularity the provisions of the order publication in the F ederal R egister file otherwise treated to destroy all viable deemed objectionable and the grounds with the Hearing Clerk, Department of Salmonella micro-organisms. Pasteuri­ for the objections. If a hearing is re­ Health, Education, and Welfare, Room zation or such other treatment is deemed quested, the objections must state the 5440, 330 Independence Avenue SW., to permit the adding of safe and suitable issues for the hearing, and such objec­ Washington, D.C. 20201, written objec­ substances (other than chemical pre­ tions must be supported by grounds tions thereto, preferably in quintuplicate. servatives) that are essential to the legally sufficient t o . justify the relief Objections shall show wherein the person method of pasteurization or other treat­ sought. Objections may be accompanied .filing will be adversely affected by the ment used. For the purposes of this by a memorandum or brief in support qjder and specify With particularity the paragraph, safe and suitable substances thereof. provisions of the order deemed objection­ are those substances that perform a use­ Effective date. This order shall be­ able and the grounds for the objections. ful function in the pasteurization or come effective 60 days from the date of If a hearing is requested, the objections other treatment to render the carmine its publication in the F ederal R egister, must state the issues for the hearing. A free of viable Salmonella micro-orga­ except as to any provisions that may be hearing will be granted if the objections nisms, which substances are not food stayed by the filing of proper objections. are supported by grounds legally suffi­ additives as defined in section 20i(s) of Notice of the filing of objections or lack cient to justify the relief sought. Objec­ the act or, if they are food additives as thereof will be announced by publication tions may be accompanied by a memo­ so defined, are used in conformity with in the F ederal R egister. randum or brief in support thereof. regulations established pursuant to sec­ (Sec. 706(b), (c)(2), (d), 74 Stat. 399, 402; Effective date. This order shall be­ tion 409 of the act. 21 U.S.C. 376(b), (c) (2), (d) ) (c) Uses and restrictions. Carmine come effective on the date of its publica­ may be safely used for coloring foods Dated: April 11,1967. tion in the F ederal R egister. generally in amounts consistent with (Sec. 408(d) (2), 68 Stat. 512; 21 U.S.C. J. K. K irk, 346a(d) (2) ), good manufacturing practice, except Associate Commissioner that it may not be used to color foods for for Compliance. Dated: April 11,1967. which standards of identity have been [F.R. Doc. 67-4276; Filed, Apr. 18, 1967; J. K. Kirk, promulgated under section 401 of the act 8:47 a.m.] unless added color is authorized by such Associate Commissioner standards. for Compliance. [F.R. Doc. 67-4277; Filed, Apr. 18, 1967; (d) Labeling requirements. The label SUBCHAPTER B— FOOD AND FOOD PRODUCTS of the color additive and any mixtures 8:48 a.m.] intended solely or in part for coloring PART 120— TOLERANCES AND EX­ purposes prepared therefrom shall con­ EMPTIONS FROM TOLERANCES FOR PART 121— FOOD ADDITIVES form to the requirements of § 8.32. PESTICIDE CHEMICALS IN OR ON Subpart F— Food Additives Resulting (e) Exempticm from certification. RAW AGRICULTURAL COMMODI­ From Contact With Containers or Certification of this color additive is not TIES necessary for the protection of the public Equipment and Food Additives health, and therefore batches thereof are 2-Chloro-N-lsopropylacetanilide Otherwise Affecting Food exempt from the certification require­ R esinous and P olymeric Coatings ments of section 706(c) of the act. A petition (PP 7F0524) was filed with the Food and Drug Administration by The Commissioner of Food and Drugs, § 8.6009 Carmine. Monsanto Co., 800 North Lindbergh having evaluated the data in a p e t it io n (a) Identity and specifications. (1) Boulevard, St. Louis, Mo. 63166, propos­ (FAP 5B1555) filed by Rohm & Haas Co., The color additive carmine shall conform ing the establishment of a tolerance of Independence Mall West, Philadelphia, in identity and specifications to the re­ 0.1 part per million for residues of the Fa. 19105, and other relevant m a t e r ia l, quirements of § 8.317 (a) (1) and (b). herbicide 2 -chloro-N-isopropylacetani- has concluded that the food a d d itiv e

FEDERAL REGISTER, VOL. 32, N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 RULES AND REGULATIONS 6133 regulations should be amended to pro­ 1965 (41 U.S.C. 353), and Secretary’s by issuing a complaint and causing the vide for the safe use of ethyl acrylate- Order No. 36-65 (30 F.R. 15305), Title complaint to be served upon the re­ styrene-methacrylic acid copolymers and 29 of the Code of Federal Regulations is spondent. ethyl acrylate-methyl methacrylate- hereby amended by adding thereto a new (b) Contents. The complaint shall styrene-meth aery lie acid copolymers as part designated Part 6. contain a clear and concise factual state­ modifiers for epoxy resins in resinous The provisions of section 4 of the Ad­ ment sufficient to inform the respondent and polymeric food-contact coatings. ministrative Procedure Act (5 U.S.C. 553) with reasonable definiteness of the acts Therefore pursuant to the provisions of requiring notice of proposed rule making, or practices he is alleged to have com­ the Federal Food, Drug, and Cosmetic opportunity for public participation, and mitted in violation of the Act or his Act (sec. 409(c)(1), 72 Stat. 1786; 21 delay in effective date are not applicable contractual obligation. Ü.S.C. 348(c)(1)), and under the au­ to the promulgation of these rules be­ (c) Amendments. At any time prior thority delegated to the Commissioner cause they relate only to public contracts. to the close of the hearing, the complaint by the Secretary of Health, Education, Such procedure and delay will not serve may be amended in the discretion of the and Welfare (21 CFR 2.120), § 121.2514 a useful purpose here. These rules shall, hearing examiner and on such terms as (b) (3) (xx) is amended by inserting al­ therefore, be effective immediately. he may approve. phabetically in the list of substances two The new 29 CFR Part 6 reads as (d) Notice of hearing. The hearing new items, as follows: follows: examiner shall notify the parties of the § 121.2514 Resinous and Polym erie Sec. time and place for a hearing within 10 coatings. 6.1 Applicability of rules. days after the service of the complaint. * * * * * 6.2 Definitions. § 6.4 Answer. (b) * * * Prehearing Procedures (3) * * * (a) Filing and service. Within 14 (xx) * * * 6.3 Complaints. days after the service of the complaint, 6.4 Answer. the respondent shall file an answer with Ethyl acrylate-styrene-methacrylic acid 6.5 Motions and requeits. the Chief Hearing Examiner. The an­ copolymers for use only as modifiers for epoxy 6.6 Consent findings and order. resins listed in subdivision (viii) (a) of this 6.7 Prehearing conferences. swer shall be signed by the respondent subparagraph. or his attorney. Ethyl acrylate-m e t il y 1 methacrylate- Hearings and Related Matters (b) Contents; failure to file. The an­ styrene-methacrylic acid copolymers for vise 6.8 Appearances. swer shall (1) contain a statement of the only as modifiers for epoxy resins listed in 6.9 Hearing. facts which constitute the grounds of subdivision (viii) (a) of this subparagraph. Decision and Order defense, and shall specifically admit, ex­ ♦ ♦ ♦ ♦ ♦ plain, or deny, each of the allegations of 6.10 Decision of the hearing examiner. Any person who will be adversely af­ 6.11 Exceptions. the complaint unless the respondent is fected by the foregoing order may at any 6.12 Relief from ineligible list. without knowledge, in which case the an­ time within 30 days from the date of its 6.13 Transmission of record. swer shall so state; or (2) state that the publication in the F ederal R egister file 6.14 Decisions and order of the Administra­ respondent admits all of the allegations with the Hearing Clerk, Department of tor or Director. of the complaint. The answer may con­ Health, Education, and Welfare, Room Miscellaneous tain a waiver of hearing. Failure to file 5440, 330 Independence Avenue SW., an answer to or plead specifically to any Washington, D.C. 20201, written objec­ 6.15 Service; copies of documents and plead­ allegation of the complaint shall consti­ ings. tions thereto, preferably in quintuplicate. 6.16 Witnesses and fees. tute an admission of such allegation. Objections shall show wherein the per­ 6.17 Depositions. (c) Procedure upon admission of facts. son filing will be adversely affected by 6.18 Subpoenas. The admission, in the answer or by fail­ the order and specify with particularity 6.19 Hearing examiners. ure to file an answer, of all the material the provisions of the order deemed ob­ 6.20 Computation of time. allegations of fact contained in the com­ jectionable and the grounds for the ob­ Authority: The provisions of this Part 6 plaint shall constitute a waiver of hear­ jections. If a hearing is requested, the issued under sec. 4, 79 Stat. 1035; R 8. 161 ing. Upon such admission of facts, the objections must state the issues for the (5 U.S.C. 301). hearing examiner without further hear­ hearing. A hearing will be granted if the ing shall prepare his decision in which objections are supported by grounds § 6.1 Applicability of rules. he shall adopt as his proposed findings of legally sufficient to justify the relief This part provides the rules of practice fact the material facts alleged in the sought. Objections may be accompanied for administrative proceedings relating complaint. The parties shall be given by a memorandum or brief in support to the enforcement of labor standards an opportunity to file exceptions to his thereof. in the Service Contract Act of 1965 (79 decision, and to file briefs in support of Effective date. This order shall be­ Stat. 1035). See Part 4 of this subtitle. the exceptions. come effective on the date of its publica­ § 6.2 Definitions. § 6.5 Motions and requests. tion in the F ederal-Register. (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. As used in this part: Motions or requests shall be filed with 348(c)(1)) (a) “Chief Hearing Examiner” means the Chief Hearing Examiner, except that Dated: AprilII, 1967. the Chief Hearing Examiner, United those made during the course of the States Department of Labor, Washing­ hearing shall be filed with the hearing J. K. K irk, ton, D.C.20210. examiner or shall be stated orally and Associate Commissioner (b) “Respondent” means the contrac­ made part of the transcript. Each mo­ for Compliance. tor or subcontractor against whom the tion or request shall state the particular IPH. Doc. 67-4278; Filed, Apr. 18, 1967; proceedings are brought. order, ruling, or action desired, and the 8:48 a.m.] (c) “The Act” means the Service grounds therefor. The hearing exam­ Contract Act of 1965 (79 Stat. 1035). iner is authorized to rule upon all mo­ (d) “Administrator” means the Ad­ tions or requests filed or made prior to ministrator of the Wage and Hour and the filing of his report. Title 29— LABOR Public Contracts Divisions of the De­ Subtitle A— Office of the Secretory of partment of Labor. § 6.6 Consent findings and order. Labor (e) “Director” means the Director of (a) General. At any time after the the Bureau of Labor Standards of the issuance of a complaint and prior to the PART 6— RULES OF PRACTICE FOR Department of Labor. reception of evidence in any proceeding, ADMINISTRATIVE P R O C EED IN G S the respondent may move to defer the ENFORCING LABOR STANDARDS P rehearing P rocedures receipt of any evidence for a reasonable IN FEDERAL SERVICE CONTRACTS § 6.3 Complaints. time to permit negotiation of an agree­ ment containing consent findings and an Pursuant to R.6. 161 (5 U.S.C. 301), (a) Issuance. The Deputy Solicitororder disposing of the whole or any part section 4 of the Service Contract Act of shall institute enforcement proceedings of the proceeding. The allowance of FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6134 RULES AND REGULATIONS such deferment and the duration thereof a prima facie case before the hearing sent findings and order, the hearing shall be in the discretion of the hearing examiner. Failure to appear at a hear­ examiner shall make his decision, which examiner, after consideration of the ing shall not be deemed to be a waiver shall become the final decision in the ad­ nature of the proceeding, the require­ of the right to be served with a copy of ministrative process 20 days after service ments of the public interest, the repre­ the hearing examiner’s decision and to thereof unless exceptions are filed there­ sentations of the parties, and the proba­ file exceptions thereto. to, as provided in § 6.12. The decision bility of an agreement being reached of the hearing examiner shall include which will result in a just disposition § 6.9 Hearing. a statement of findings and conclusions, of the issues involved. (a) Order of proceeding. Except as with reasons and bases therefor, upon (b) Content. Any agreement con­ may be determined otherwise by the each material issue of fact, law, or dis­ taining consent findings and an order hearing examiner, counsel supporting cretion presented on the record. If the disposing of a proceeding shall also the complaint shall proceed first at the respondent is found to have violated the provide: hearing. Act, the hearing examiner in his decision (1) That the order shall have the same (b) Evidence—(1) In general. The shall make a recommendation to the Sec­ force and effect as an order made after testimony of witnesses shall be upon retary of Labor as to whether the re­ full hearing; oath or affirmation administered by the spondent should be relieved from the ap­ (2) That the entire record on which hearing examiner and shall be subject plication of the ineligible list as pro­ any order may be based shall consist to such cross-examination as may be vided in section 5(a) of the Act. If solely of the complaint and the agree­ required for a full and true disclosure liquidated damages are found due and ment; of the facts. The hearing examiner' are unpaid, no recommendation for re­ (3) A waiver of any further procedural shall exclude evidence which is imma­ lief shall be made except on condition steps before the hearing examiner, Ad­ terial, irrelevant, or unduly repetitious. that the liquidated damages are paid. ministrator, or Director; and (2) Objections. If a party objects to The decision shall also include an appro­ (4) A waiver of any right to challenge the admission or rejection of any evi­ priate order (excluding such issue of or contest the validity of the findings dence or to the limitation of the scope ineligibility). The decision of the hear­ and order entered into in accordance of any examination or cross-examination ing examiner shall be based upon a con­ with the agreement. or the failure to limit such scope, he sideration of the whole record, including (c) Submission. On or before the ex­ shall state briefly the grounds for such any administrative admissions made un­ piration of the time granted for nego­ objection. Rulings on all objections der § 6.6. It shall be supported by re­ tiations, the parties or their counsel may: shall appear in the record. Only objec­ liable, probative, and substantial evi­ (1) Submit the proposed agreement to tions made before the hearing examiner dence and be made upon the bases of a the hearing examiner for his considera­ may be relied upon subsequently in the preponderance of that evidence. tion; or proceeding. » (2) Inform the hearing examiner that (3) Exceptions. Formal exception to § 6.11 Exceptions. agreement cannot be reached. an adverse ruling is not required. Within 20 days after the date of the (d) Disposition. In the event an (c) Official notice. Official notice decision of the hearing examiner, any agreement containing consent findings may be taken of any material fact not party aggrieved thereby may file ex­ and an order is submitted within the appearing in evidence in the record, ceptions thereto with supporting reasons. time allowed therefor, the hearing ex­ which is among the traditional matters Such party shall transmit his excep­ aminer, within 30 days thereafter, shall of judicial notice and also concerning tions in writing to the Chief Hearing accept such agreement by issuing his which the Department by reason of its Examiner, referring to the specific find­ decision based upon the agreed findings. functions is presumed to be expert: Pro­ ings of fact, conclusions of law, or order vided, That the parties shall be given excepted to, the specific pages of tran­ § 6.7 Prehearing conferences. adequate notice, at the hearing or by script relevant to the suggestions, and (a) Upon his own motion or the reference in the hearing examiner’s deci­ suggesting corrected findings of fact, motion of the parties, the hearing ex­ sion of the matters so noticed, and shall conclusions of law, or order. aminer may direct the parties or their be given adequate opportunity to show counsel to meet with him for a confer­ the contrary. § 6.12 Relief from ineligible list. ence to consider: (d) Transcript. Hearings shall be Application for relief from the in­ (1) Simplification of the issues; stenographically reported. Copies of eligible list provision under section 5(a) (2) Necessity or desirability of amend­ the transcript may be obtained by the of the Act may be filed by the respondent ments to pleadings for purposes of parties upon written application filed with the Secretary of Labor within 20 clarification, simplification, or limita­ with the reporter, and upon the pay­ days from the date of service of the tion; ment of fees at the rate provided in the hearing examinër’s decision, Adminis­ (3) Stipulations, admissions of fact agreement with the reporter. trator’s decision, or Director’s decision, and of contents and authenticity of as the case may be. Notice of the de­ documents; D ecision and Order termination of the Secretary on the ap­ (4) Limitation of the number of ex­ § 6.10 Decision of the hearing exami­ plication of the ineligible list provision pert witnesses; and ner. of the Act shall be served upon the (5) Such other matters as may tend (a) Proposed findings of fact, conclu­ parties. to expedite the disposition of the pro­ sions, and order. Within 10 days after ceeding. § 6.13 Transmission of record. (b) The record shall show the matters receipt of notice that the transcript of If exceptions are filed, the hearing disposed of by order and by agreement the testimony has been filed or such ad­ examiner shall transmit the record of in such pretrial conferences. The sub­ ditional time as the hearing examiner the proceeding to the Director for review sequent course of the proceeding shall be may allow, each party may file with the of all exceptions taken in cases which controlled by such action. hearing examiner proposed findings of involve only allegations of violations of fact, conclusions of law, and order, to­ the safety and health provisions and for H earings and R elaxed Matters gether with a supporting brief express­ review of exceptions which relate to ing the reasons for such proposals. Such § 6.8 Appearances. findings concerning violations of the proposals and brief shall be served on all safety and health provisions in cases (a) Representation. The parties may parties, and shall refer to all portions which involve both allegations of viola­ appear in person, by counsel, or of the record and to all authorities relied tions of the safety and health provisions otherwise. upon in support of each proposal. and allegations of violations of other (b) Failure to appear. In the event (b) Decision of the hearing examiner. provisions. All other exceptions shall be that a party appears at the hearing and Within a reasonable time after the transmitted to the Administrator for re­ no party appears for the opposing side, time allowed for the filing of pro­ the party who is present shall have an posed findings of fact, conclusions view. The record shall include : The election to present his evidence in whole of law, and order, or after submis­ pleadings, motions, and requests filed in or such portion thereof sufficient to make sion of an agreement containing con­ written form, rulings thereon, the tran-

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 RULES AND REGULATIONS 6135 script of the testimony and proceeding witness fees and mileage shall be paid the Secretary or the Chief Hearing Ex­ taken at the hearing, together with the by the party at whose instance the wit­ aminer. exhibits admitted in evidence, any docu­ nesses appear. (c) Powers. Hearing examiners shall ments or papers filed in connection with § 6.17 Depositions. have all powers necessary to the conduct prehearing conferences, such proposed of fair and impartial hearings, including findings of fact, conclusions of law, or­ (a) When, how, and by whom taken. the following: ders, and supporting reasons, as may For good cause shown, the testimony of (1) To administer oaths and affirma­ have been filed, the hearing examiner’s any witness may be taken by deposition tions; in any proceeding, when a complaint has decision, and such exceptions, state­ (2) To issue subpoenas upon proper ments of objections, and briefs in sup­ been filed, whether at issue or not. Dep­ port thereof, as may have been filed in ositions may be taken orally or upon applications as provided in this § 6.19; the proceeding. written interrogatories before any per­ (3) To rule upon offers of proof and son designated by the hearing examiner receive relevant evidence; § 6.14 Decisions and order of the Ad­ and having power to administer oaths. (4) To take or cause to be taken depo­ ministrator or Director. (b) Application. Any party desiring sitions and to determine their scope; If exceptions to the decision of the to take the deposition of a witness shall (5) To regulate the course of the hear­ hearing examiner are taken as provided ing and the conduct of the parties and make application in writing to the hear­ their counsel therein; in this part, the Administrator or Direc­ ing examiner, setting forth the reasons tor, who is to make the review in accord­ why such disposition should be taken; (6) To hold conferences for the set­ ance with § 6.13 shall upon consideration tlement or simplification of the issues by the time when, the place where, and the consent of the parties; thereof, together with the record refer­ name and post office address of the per­ ences and authorities cited in support (7) To consider the rule upon proce­ son before whom the deposition is to be dural requests; thereof, make his decision, which shall taken; the name and address of each affirm, modify, or set aside, in whole or witness; and the subject matter concern­ (8) To make and file decisions in con­ part, the findings, conclusions, and order formity with this part; ing which each witness is expected to (9) To take any action authorized by contained in the decision of the hearing testify. examiner, and shall include a statement the rules in this part or in conformance (c) Notice. Such notice as the hear­ with the Administrative Procedure Act. of reasons or bases for the actions taken. ing examiner shall order shall be given With respect to the findings of fact, the (d) Consultation. The hearing ex­ for the taking of a deposition, but this aminer shall not consult any person or Administrator or Director, as the case shall not be less than 5 days’ written may be, shall modify or set aside only party on any fact in issue unless upon notice when the deposition is to be taken notice and opportunity for all parties to those findings that are clearly erroneous. within the United States and not less Copies of the decision and order shall be "participate. than 20 days’ written notice when the (e) Disqualification of hearing exam­ served upon the parties. Any such de­ deposition is to be taken elsewhere. cision shall treat any question of recom­ iners. (1) When a hearing examiner mendation for relief from the ineligible (d) Taking and receiving in evidence. deems himself disqualified to preside in list under section 5(a) of the Act to the Each witness testifying upon deposition a particular proceeding, he shall with­ same extent and subject to the same lim­ shall be sworn, and the adverse party draw therefrom by notice on the record itations as provided in § 6.10(b) con­ shall have the right to cross-examine. directed to the Chief Hearing Examiner. cerning decisions of the hearing exam­ The questions propounded and the an­ (2) Whenever any party shall deem iner. swers thereto, together with all objec­ the hearing examiner for any reason to tions made, shall be reduced to writing, Miscellaneous be disqualified to preside, or to continue read to the witness, subscribed by him, to preside, in a particular proceeding, § 6.15 Service; copies of documents and certified by the officer. Thereafter, that party shall file with the Chief Hear­ and pleadings. the officer shall seal the deposition, with ing Examiner a motion to disqualify and (a) Manner of service. Service upon two copies thereof, in an envelope and remove such hearing examiner, such any party shall be made by the party mail the same by registered mail to the motion to be supported by affidavits set­ filing the pleading or document by deliv­ hearing examiner. Subject to such ob­ ting forth the alleged grounds for dis­ ering a copy or mailing a copy to the last jections to the questions and answers as qualification. The Chief Hearing Ex­ known address. If the person upon were noted at the time of taking the dep­ aminer shall rule upon the motion. whom service is made by mail resides 500 osition and would be valid were the wit­ (f) Contemptuous conduct; failure or miles or more from the party effecting ness personally present and testifying, refusal of a witness to appear or answer. service, such mailing must be by airmail. such deposition may be read and offered Contemptuous conduct at any hearing When a party is represented by an at- in evidence by the party taking it as before a hearing examiner shall be f tomey, the service should be upon the against any party who was present or ground for exclusion from the hearing. attorney. represented at the taking of the depo­ The failure or refusal of a witness to (b) Proof of service. A certificate of sition or who had due notice thereof. appear at any hearing or to answer any the person serving the pleading or other No part of a deposition shall be admitted question which has been ruled to be document by personal delivery or by in evidence unless there is a showing that proper shall be ground for the action mailing, setting forth the manner of said the reasons for the taking of the depo­ provided in section 5 of the Act of June service shall be proof of the service. sition in the first instance exist at the 30, 1936 (41 U.S.C. 39) and, in the dis­ time of hearing. cretion of the hearing examiner, for (c) Service upon Department, num­ striking out all or part of the testimony ber of copies of pleading or other docu­ § 6.18 Subpoenas. which may have been given by such wit­ ments. An original and three copies of All applications for subpoenas ad ness. all pleadings and other documents shall testificandum and subpoenas duces te­ he filed with the Department of Labor, cum shall be made in writing to the § 6.20 Computation of time. the original with the officer before whom Saturdays, Sundays, and holidays shall the case is pending (hearing examiner, healing examiner. Application for sub­ poenas duces tecum shall specify as ex­ be included in computing the time al­ chief hearing examiner, Administrator, lowed for filing any document or paper Director, or the Secretary of Labor) and actly as possible the documents to be produced, showing their general rele­ under this part, but when such time ex­ the copies with the attorney represent­ vancy and reasonable scope. pires on such a day, such period shall be ing the Department during the hearing extended to include the next following or the Associate Solicitor in charge of § 6.19 Hearing examiners. day which is not such a day. litigation by mail. (a) Who presides. All hearings shall Signed at Washington, D.C., this 12th § 6.16 Witnesses and fees. be presided over by a hearing examiner day of April 1967. Witnesses subpoenaed by any party appointed under section 11 of the Ad­ W. Willard Wirtz, shall be paid the same fees and mileage ministrative Procedure Act. Secretary of Labor. os are paid for like services in the Dis­ (b) How assigned. The presiding [FJt. Doc. 67-4252; Piled, Apr. 18, 1967; trict Court of the United States. The hearing examiner shall be designated by 8:46 am.]

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6136 RULES AND REGULATIONS

Chapter XIII— Bureau of Labor Stand­ tions with respect to (a) any occupa­ Assistant Secretary of Defense (Installa­ ards, Department of Labor tions or group of occupations which he tions and Logistics) pursuant to author­ has reason to believe should be added to, ity contained in Department of Defense PART 1500— CHILD LABOR REGULA­ or deleted from, the list of those found Directive No. 4105.30, dated March 11, TIONS, ORDERS AND STATEMENTS and declared to be particularly hazard­ 1959 (24 P.R. 2260), as amended, and 10 OF INTERPRETATION ous for the employment of children be­ U.S.C. 2202. tween 16 and 18 years of age or detri­ ' In implementation of Public Law 89- Subpart D— Procedure Governing mental to their health or well-being; 696 (Act of Oct. 19, 1966, 10 U.S.C. Hazardous Occupation Determina­ and (b) any occupations or group of 2389), the following §§ 1.328-1.328-6 are occupations in agriculture which he has added. These sections prescribe regula­ tions reason to believe should be added to, or tions for making price adjustments in Adaptation of P rocedure to D etermina­ deleted from, the list of those found and certain contracts for fluid milk for bever­ tions of Hazardous Occupations in declared to be particularly hazardous for age purposes, to compensate the con­ Agriculture the employment of children below the tractor for losses incurred because of in­ Pursuant to authority in section 13(c) age of 16: Each such report shall con­ creased prices paid to producers for such of the Pair Labor Standards Act of 1938 tain an explanation of the hazards milk as a result of actions by the Secre­ (63 Stat. 918, as amended; 29 U.S.C. involved and the reasons why children tary of Agriculture on or after March 1, 213) and Reorganization Plan No. 2 of between 16 and 18 years of age, or chil­ 1966, increasing the price of milk. 1946 (3 CPR, 1943-48 Comp., p. 1064), dren below the age of 16, as the case may § 1.328 Price adjustment of milk con­ 29 CFR Part 1500, Subpart D is amended be, are, or are not, particularly suscepti­ tracts. ble to them. Copies of such reports shall by revising §§ 1500.41, 1500.42, and § 1.328-1 Scope of §§ 1.328— 1.328-6. 1500.44 to read as set out below. The be made available to the public at the purpose of this amendment is to make offices of the Bureau. (a) Sections 1.328—1.328-5 establish the procedure set forth in Subpart D 3. Section 1500.44 is revised to read asuniform regulations for amending con­ applicable to determinations of hazard­ follows: tracts for fluid milk for beverage pur­ ous occupations in agriculture under sec­ poses under the authority granted by the tion 13(c) of the Act, as amended by the § 1500.44 Notice of proceedings. Act of October 19, 1966, P.L. 89-696 (10 Pair Labor Standards Amendments of Notice of the initiation of the proceed­ U.S.C. 2389). 1966 (P.L. 89-601, 80 Stat. 830). ings shall be published in the F ederal (b) The Act authorizes, under regula­ As this amendment relates solely to R egister. Such notice will (a) refer to tions prescribed by the Secretary of De­ rules of procedure, neither notice, oppor­ section 3(1) or to section 13(c) of the fense, the amendment of any contract tunity for public participation in its for­ Pair Labor Standards Act of 1938 (52 for the procurement of fluid milk for mulation, nor delay of effective date is Stat. 1061, 63 Stat. 918, as amended; 29 beverage purposes which was being per­ required by section 4 of the Adminis­ U.S.C. 203, 213), as the case may be, and formed on or after March 1,1966, to pro­ trative Procedure Act (5 U.S.C. 553). I to Reorganization Plan No. 2 of 1946 vide a price adjustment for losses do not believe that such procedure or (3 CPR, 1943-48 Comp., p. 1064) as au­ incurred by a contractor because of in­ delay will serve a useful purpose here. thority for the proposal and direct atten­ creased prices paid to the producers for Accordingly, this amendment shall be ef­ tion to this Subpart D governing the such milk as a result of action by the fective upon publication in the F ederal procedure; (b) contain the terms or Secretary of Agriculture on or after R egister. substance of the proposed order or the March 1, 1966, increasing the price of 1. Section 1500.41 is revised to read as proposed change in an existing order; milk. The Act further provides that no follows: (c) invite interested persons to partici­ price adjustment shall be made unless pate in the proceedings through the the Department of Defense determines § 1500.41 Administrative responsibility. submission of pertinent written data, that: The Secretary of Labor shall be as­ views, and arguments, specifying the (1) Such amount was not included in sisted by the Bureau of Labor Standards time and place for such submissions. the contract price: in making studies and investigations to If it is decided that the opportunity for (2) The contract does not otherwise discover (a) the occupations which ap­ public written participation is to be sup­ contain a provision for price adjustment; pear to be particularly hazardous for the plemented with an opportunity for oral and employment of children between 16 and participation, a time and place shall also (3) The contractor will suffer a loss, 18 years of age or detrimental to their be specified for oral submissions of data, not merely a diminution of anticipated health or well-being; and (b) the occu­ views, and arguments. profit, under the contract because of pations in agriculture which appear to (Sec. 13, 63 Stat, 918, as amended; 29 U.S.C. such increases in producer prices. be particularly hazardous for the employ­ 213) (c) For the purposes of §§ 1.328— ment of children below the age of 16. 1.328—6, the term “fluid milk for bever­ All interested persons and organizations Signed at Washington, D.C., this 11th age purposes” means fresh whole milk, are invited to cooperate with the Secre­ day of April 1967. tary and the Bureau by making sugges­ skim milk, buttermilk, flavored milk, tions and requests and providing perti­ W. W illard Wirtz, flavored milk drinks, recombined milk, nent information to the Bureau concern­ Secretary of Labor. cream, half and half, and low fat milk. ing employment hazards to minors. [F.R. D o c . 67-4250; Filed,, Apr. 18, 1967; § 1.328—2 Delegation of authority. 8:46 a.m.] Submissions should be mailed to the Heads of Procuring Activities and Director of the Bureau of Labor Stand­ their designees at a level no lower than ards, Department of Labor, Washington, the head of a purchasing office are au­ D.C. 20210. In addition, the Director of thorized to approve contract amend­ the Bureau of Labor Standards shall Title 32— NATIONAL DEFENSE ments authorized by the Act and to make have authority to obtain information by any and all determinations required by holding conferences to which he may Chapter I— Office of the Secretary of Defense the Act and §§ 1.328-1.328-6. When a invite various persons who have had request for adjustment is filed by the experience or expert knowledge concern­ SUBCHAPTER A— ARMED SERVICES same contractor with more than one De­ ing occupational hazards to children. PROCUREMENT REGULATIONS partment, the Departments concerned 2. Section 1500.42 is revised to read as may by agreement assign responsibility follows: PART 1— g e n e r a l p r o v is io n s for processing the request for adjustment of the contracts to one Department. § 1500.42 Reports of investigations. Price Adjustments, in Contracts for Fluid Milk § 1.328—3 Standards for deciding cases. The Director of the Bureau shall from time to time prepare and submit to the The following addition to this sub- The following standards shall be ap­ Secretary of Labor reports of investiga­ chapter is issued by direction of the plied in deciding cases:

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , T 9 6 7 RULES AND REGULATIONS 6137 (a) The contract to be adjusted must precisely how the actual or estimated ards set forth in § 1.328-3 have been met, be a contract which was awarded prior dollar amount of the request was the contracting officer will be authorized to September 25, 1967, by an element reached; to enter into a supplemental agreement of the Department of Defense, and which (d) Any evidence available in support adjusting the contract price, after a cer­ was being performed on or after March 1, of facts alleged by the contractor includ­ tification of the availability of funds has 1966; * ing contemporaneous memoranda, cor­ been obtained from the Department (b) The contractor must have suffered respondence, affidavits, receipted bills, or whose funds were used to pay for the an actual loss, not merely a diminution vouchers showing payments to producers milk delivered under the contract. of anticipated profits, under the con­ or suppliers, and any other material; (d) In the event of a disagreement tract; - : (e) Relevant financial statements, cost between the Head of the Procuring Ac­ ( c ) The loss must result from in­ analysis, or other data, including such tivity and the contractor, the Head of c r e a s e d milk prices actually paid to additional financial data as are neces­ the Procuring Activity will render a de­ producers;' sary to explain fully and to support mon­ cision to the contractor in writing set­ (d) The increased producer price etary elements of the request for adjust­ ting forth the facts determined by the must have been the result of an action by ment; Head of the Procuring Activity and, the Secretary of Agriculture on or after (f) A statement of and evidence sup­ where applicable, a statement indicating March 1, 1966; porting the contractor’s original break­ wherein the contractor has failed to ( e ) The contractor must have been down of estimated costs of fluid milk for meet the standards set forth in § 1.328-3. r e q u ir e d to pay the increased price either beverage purposes on the contract in (e) The Department whose funds were b e c a u s e the price was mandatory under paragraph (a) of this section, including used to pay for the milk delivered under th e terms of a Federal Milk Marketing the price estimated to be paid to pro­ the contract shall provide the funds nec­ O rd er, or in the case of an unregulated ducers ; essary for any increase in price granted h a n d le r , because the contractor was un­ (g) In the case of regulated dairies, pursuant to §§ 1.328-1.328-6. a b le after reasonable effort to obtain evidence of— [DPC 52, Mar. 24, 1967] (Sec. 2202, 70A th e m il k at less than the increased price; (1) The Federal Milk Marketing Stat. 120; TO UJ3.C. 2202. Interpret or apply (f) The price of the contract to be Order producer price for fluid milk in secs. 2301-2314, 70A Stat. 127-133; 10 U.S.C. adjusted must not contain an amount to effect and forecast for the contract pe­ 2301-2314) cover the increase; riod at the time the contract price for (g) The contract to be adjusted must fluid milk was computed and submitted, K enneth G. Wickham, not contain any other provision for price (2) The amount of the Federal Milk Major General, U.S. Army, adjustment for the increased price of Marketing Order price at the time fluid The Adjutant General. the milk used to perform the contract; milk was purchased for use in perform­ [F.R. Doc. 67-4239; Filed, Apr. 18, 1967; and ing the contract, and 8:45 a.m.] (h) The amount of adjustment au­ (3) How the price was changed by thorized will be limited to the actual loss action of the Secretary of Agriculture, incurred under the contract; the adjust­ with an identification of the action/order ment will not provide compensation for under which the change was made; Title 33— NAVIGATION AND diminution of anticipated profits. (h) In the case of unregulated dairies, evidence of the circumstances which § 1.328—4 Submission of requests by NAVIGABLE WATERS contractor. caused the contractor to have to pay a higher price for the milk used to supply Chapter II—-Corps of Engineers, A request for adjustment under the contract requirements for fluid milk Department of the Army §§ 1.328-1.328-6 should be filed in du­ for beverage purposes than was included p lic a te with the purchasing office which in the contract price for such milk, iden­ PART 203— BRIDGE REGULATIONS a w a r d e d the contract. Requests sub­ tification of the action of the Secretary m itte d more than 2 years after comple­ of Agriculture which caused the increase PART 204— DANGER ZONE tim i of deliveries on the contract involved and how the action of the Secretary of REGULATIONS or after March 24, 1969, whichever is Agriculture affected the price the con­ la te r , will not be considered. tractor was required to pay producers for Indian Creek, Fla., and Pacific milk; Ocean, Calif. § 1.328—5 Forms of request by con­ tractor. (i) Statement of total loss suffered 1. Pursuant to the Provisions of Sec­ under the contract, with detailed sup­ tion 5 of the River and Harbor Act of Au­ The contractor’s request shall normally porting analysis; gust 18,1894 (28 Stat. 362, 33 U.S.C. 499), consist of a letter stating the precise (j) Statement of total loss resulting § 203.446d is hereby prescribed govern­ adjustment requested and the contrac­ from the actions of the Secretary of ing the operation of a bridge across In­ tor’s conclusions showing in terms of the Agriculture identified in paragraphs (g) dian Creek, Fla., effective 30 days after standards set forth in § 1.328-3, why the and (h) of this section; and publication in the F ederal R egister, as contractor considers himself entitled to (k) Such other statements or evidence follows: the adjustment requested. The contrac­ as may be requested by the contracting tor’s request shall contain a statement officer. § 203.446d Indian Creek, Fla.; bridge at 63d Street, Miami Beach. of consent to inspection and audit of the § 1.328—6 Processing cases. contractor’s books and records and shall (a) During the period from Decem­ be accompanied by information to sup­ (a) Heads of Procuring Activities are ber 1 to April 1, inclusive, the owners of port his request including but not limited responsible for reviewing and analyzing or agencies controlling the bridge shall to the following : the requests for price adjustment and not be required to open the drawspan be­ (a) A brief description of the contract taking such action as is necessary to ver­ tween 11 ajn. and 6 p.m. except that the under which adjustment is being, sought, ify the contractor’s submission. When drawspan shall be opened each hour on indicating the contract number, the con­ an audit of the contractor’s books or rec­ the hour for sufficient time to pass any tract date, the items of fluid milk for ords is considered necessary, the Defense vessels awaiting passage, and except as beverage purposes on the contract, the Contract Audit Agency will conduct such provided in paragraph (b) of this section. contract price or prices of each such audit and provide an advisory report of (b) The drawspan shall be opened item and the quantities actually deliv­ its audit. promptly for passage of a vessel in an ered under the contract; (b) An adjustment of the contract emergency involving danger to life or (b) A statement of payment received price will not be authorized unless the property, cruise boats operating on reg­ and payments due or to become due contractor has established that he is en­ ular schedules and vessels owned and under the contract in paragraph (a) of titled to an increase in the price under operated by the United States. The this section; the standards set forth in § 1.328-3. proper signal for such openings shall be (c) a detailed analysis of the mone­ (c) If it is determined by the Head of indicated by four blasts of a whistle, tary elements of the request, indicating the Procuring Activity that the stand­ horn or similar device.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 No. 71 -3 6138 RULES AND REGULATIONS

(c) The owner of or agency controllingtiie following described lands under the Class A channel (285A) in a community the bridge shall keep a copy of the reg­ Taylor Grazing Act (48 Stat. 1269; 43" not now having such an assignment with­ ulations of this section conspicuously U.S.C. 315, et seq.), as amended, and out requiring any other changes in the posted on both the upstream and down­ other applicable statutes, or under the table. While the community is small stream sides of the bridge in such m aim er general land management authority of (2,756 persons), there is no AM station that it can be easily read at any time. the Secretary of the Interior including or FM assignment in all of Parke County, [Regs., Mar. 29, 1967, 1507-32 (Indian Creek, the authority to grant licenses and ease­ of which Rockville is the county seat. Fla.) -ENGCW-ONJ * ments upon such lands, upon such terms Parke County has a population of 14,804 as the Secretary of the Interior or his persons. We are of the view that the (Sec. 5, 28 Stat. 362; 33 U.S.C. 499) delegate may deem reasonable, and in proposal would serve the public interest 2. Pursuant to the provisions of sec­accordance with appropriate regulations: since it would provide the first local radio tion 7 of the River and Harbor Act of New Mexico P rincipal Meridian outlet for the community of Rockville August 8,1917 (40 Stat. 266; 33 US.C. 1), and its county and that it should be T. 23 S., R. 1 E., adopted. We are therefore assigning § 204.200b is hereby prescribed to govern Sec. 30, Ny2. the use and navigation of a danger zone Channel 285A to Rockville, Ind. in the Pacific Ocean, California, effec­ Containing 320 acres. 3. RM-995; Waynesville, Mo. In re­ sponse to a request for rule making from tive 30 days after publication in the H a r r y R . A n d e r s o n , F e d e r a l R e g i s t e r , as follows: South Central Broadcasters, Inc., li­ Assistant Secretary of the Interior. censee of Station KJPW(AM), Waynes­ § 204.200b Pacific Ocean, San Clemente A p r i l 12, 1967. ville, Mo., the Commission invited com­ Island, Calif.; naval danger zone off ments on a proposal to assign Channel China Point. [F.R. Doc. 67-4246; Filed, Apr. 18, 1967; 8:45 a.m.] 272A as a second FM assignment to (a) The danger zone. The waters Waynesville. We denied an earlier re­ of the Pacific Ocean within an area quest to assign Channel 221 A. beginning at China Point Light; ex­ 4. Waynesville has a population of tending in a direction of 200° true, 1.59 2,377 and its county (Pulaski) has a pop­ nautical miles; thence 308° true, 5.25 Title 47— TELECOMMUNICATION ulation of 46.567.1 It has been assigned nautical miles; and thence 050° true to Chapter I— Federal Communications one Class A Channel- (249A) on which the shoreline. Commission Station KFBD operates. The sole AM (b) The regulations. (1) This area is station in the community (KJPW) is li­ used for shore bombardment by the U.S. [Docket No. 17095; FCC 67-456] censed to petitioner and operates day­ Navy and vessels shall not enter the area PART 73— RADIO BROADCAST time-only. South Central urges that during periods scheduled for firing, as there is a clear need for a second assign­ published in local “Notice to Mariners”. SERVICES ment to serve the Waynesville-St. Rob; (2) The regulations in this section Table of Assignments, FM Broadcast ert-Fort Leonard Wood area. Petitioner shall be enforced by the Commandant, points out that Fort Leonard Wood is in 11th Naval District and such agencies Stations; Port Jervis, N.Y., etc. the immediate vicinity of Waynesville, as he may designate. First report and order. In the mat­ has a normal population of over 38,000 [Regs., Mar. 30, 1967, 1507-32 (Pacific Ocean, ter of amendment of § 73.202, Table of persons, and uses Waynesville as its prin­ Calif.) -ENGCW-ON] Assignments, FM Broadcast Stations cipal community. Petitioner argues that (Port Jervis, N.Y.; Rockville, Ind.; Fort Leonard Wood is an important com­ (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) / Waynesville, Mo.; Roanoke Rapids and munity in its own right with its own K e n n e t h G .- W i c k h a m , Goldsboro, N.C.; Thibodeaux, La.; needs and interests but that it must look Major General, U.S. Army, Crossville, Tenn.; Danville, 111.; Lincoln to Waynesville to have these local needs The Adjutant General. and Omaha, Nebr.; Clinton, Okla.; met. Thus, it submits that there is a [FJt. Doc. 67-4238; FUed, Apr. -18, 1967; Phoenix, Ariz.; Fresno, Calif.; San An­ common school system for both com­ 8:45 a.m.] tonio, San Marcos, Kenedy-Karnes, munities, that Waynesville High School Georgetown, and Burnet, Tex.; Colum­ is used by students at the Fort and that bus, Nebr.; Salt Lake City, Utah; Be- the people at the Fort shop in Waynes­ midji, Minn.; Longview, Wash.; and As­ ville and generally look to it to meet their Title 43— PUBLIC LANDS: toria, Oreg.); Docket No. 17095, RM-1065, other needs. KJPW, petitioner alleges, RM-1078, RM-995, RM-1034, RM-1043, provides the residents of the Fort with a -INTERIOR RM-1051, RM-1059, RM-1061, RM-1062, local radio outlet during daytime hours RM-1066, RM-1067, RM-1071, RM-1073, only but a full time outlet is necessary to Chapter II— Bureau of Land Manage­ RM-1074, RM-1075. ,do a complete job. A letter from the ment, Department of the Interior 1. The Commission has before it for commanding officer of the Fort is ap­ consideration its notice of proposed rule pended to support these claims. As to APPENDIX— PUBLIC LAND ORDERS making, issued in this proceeding on other services which are available or [Public Land Order 4194] January 12, 1967 (FCC 61-54), and pub­ planned for the future, petitioner asserts [Misc. 1695540] lished in the F e d e r a l R e g i s t e r on Janu­ that these stations do not provide local ary 17, 1967 (32 F.R. 464), proposing a services for the area in question. NEW MEXICO number of changes in the FM Table of 5. With respect to the impact t h a t th e Assignments advanced by various inter­ proposed assignment would have o n fu­ Amendment of Executive Order No. ested parties and on the Commission’s ture needed assignments, p e t it io n e r 7743 of November 19, 1937 own motion. A number of comments amends its earlier request to the e x t e n t By virtue of the authority vested in were filed and all duly filed documents that it suggests that Channel 272A be the President and pursuant to Executive were considered in making the following assigned to Waynesville instead of C h a n ­ Order No. 10355 of May 26, 1952 (17 F.R. determinations. Except as noted, the nel 221A. (It also suggests C h a n n e l 4831), it is ordered as follows: proposals were unopposed. All popula­ 244A as an alternative.) It is s h o w n in Executive Order No. 7743 of Novem­ tion figures are those shown in the 1960 an attached engineering statement t h a t ber 19, 1937, transferring control and U.S. Census, unless otherwise stated. this assignment would not preclude a n y jurisdiction over certain acquired lands This decision disposes of all petitions ex­ .future assignments on any of the s i x a d ­ hereinafter described, from the Depart­ cept RM-1034, RM-1051, RM-1065, RM- jacent channels due to existing s t a t io n s ment of Agriculture to the Department 1043, and RM-1066 (Roanoke Rapids, and assignments elsewhere. On C h a n n e l of the Interior for conservation purposes N.C.; Crossville, Tenn.; Port Jervis, N.Y.; 272A, it is shown that there is o n ly a in connection with the administration of Thibodeaux, La.; and Phoenix, Ariz.). small a.r#*a. in whir.h this assignment the Taylor Grazing Act, is hereby 2. RM-1078; Rockville, Ind. (Charles amended to the extent necessary to per­ R. Banks.) ¿1 this ease an interested 1 Included in this figure is the 38,000 popu­ mit use, administration or disposal of party seeks the assignment of a first lation of nearby Fort Leonard Wood.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 RULES AND REGULATIONS 6139 would preclude assignments on the same FM station assignments. Nor do we feel 10, 1966, requesting the substitution of channel, that there are only three com­ the existence of newspapers in the gen­ Channel 295 for 237A at Clinton, Okla., munities of over 1,000 in it, and that eral area and the presence of broadcast as follows: there are other assignments available signals from other communities to be a even for these small communities. Thus, bar to the assignment proposed. In the Channel No. it is argued that the proposed assign­ case of the specific assignment requested, City ment would have little impact on pos­ petitioner has shown that it would not sible future use of any channels affected. preclude use of 272A or any of the six Present Proposed 6. Fred Briesacher, Jr., licensee of adjacent channels in any other commu­ KFBD, the existing FM station in nity of substantial size in which there Clinton, Okla______237A 295 Waynesville and applicant for a new AM may be a future need or where another station there (daytime only), opposes the assignment could not be made. This At the time of our notice, no applications addition of Channel 272A to that com­ factor distinguishes this case from others were on file for Channel 237A. However, munity. Mr. Briesacher submits that such as the Lebanon, Mo., case mentioned since then an application has been filed the proposal would not be conducive to by Mr. Briesacher, wherein a second as­ (BPH-5606) for this" assignment at a sound business future and would not signment was denied. In view of the Weatherford, Okla., under the “25 mile serve the public interest. He states that foregoing we are adding the assignment rule”. Weatherford, a community of Fort Leonard Wood cannot be compared of Channel 272A to Waynesville, Mo. 4,499 persons is located about 14 miles to a civilian community as far as busi­ 9. RM-1059; Danville, III. On Novem­from Clinton and in the same county. ness is concerned, since little advertising ber 9,1966, the Commission invited com­ Clinton, a community of 9,617 persons, support is available from it and since ments on a request by Paul K. Bresee, is located in the west-central portion many of the personnel do their shopping prospective applicant for a new FM sta­ of Oklahoma, about 80 miles west of in other communities and not in the im­ tion in Danville, 111., for the addition of Oklahoma City. It is the la rg est mediate Fort Leonard Wood communi­ Channel 256 to Danville as follows: community (but not the county seat) ties. He questions the close relation­ in Custer County, which has a pop­ ship between the Fort and Waynesville Channel No. ulation of 21,040. KWOE, licensed to and cites proposed legislation to separate City petitioner, is a daytime-only station the school system of the two as an ex­ Present Proposed and the sole radio station in the county. ample. Reference is made to news­ Petitioner points out that the western papers published in the general area as 271,276A 256,271,276A portion of Oklahoma is sparsely popu­ evidence of adequate outlets for self- lated and that a new FM station, in order expression. He cites the recent denial of Danville, located near the east-central to be economically feasible, must draw a second FM assignment to Lebanon, Mo. border of Illinois, has a population of upon a wide area for listener and adver­ to show the importance of economics in 41,856, and is the county seat and largest tising support. In view of this, it is such requests. Finally, a number of sta­ community in Vermilion County, which urged a Class C operation is necessary tions are listed, which, Mr. Briesacher has a population of 96,176. There are and that such an operation would pro­ states, provide broadcast signals to presently two fulltime AM stations in vide service to a wide area now without Waynesville and Fort Leonard Wood. Danville, WITY and WDAN. WDAN- any AM or FM nighttime radio service. 7. In reply to Mr. Briesacher, South FM holds a construction permit for 13. Normally, a community the size of Central states that his question about Channel 271 but no applications have Clinton would be assigned a Class A the ability of the_market to support a been filed for Channel 276A. Since we channel. However, in view of the second Class A station is not based upon sparsely populated area around the com­ did not believe that Danville warrants munity and its great distance from cen­ any actual estimates of revenue poten­ the assignment of three FM channels, tial, purchasing power or needs of the ters of population, we are of the view and since we wished to avoid the mixture that it merits a departure of our policy in community, and that the application for of Class A and B assignments in the another AM station filed by him testifies same community in order to assign tech­ this respect. We believe, therefore, that to the needs and ability of the market to the assignment of Channel 295 to Clin­ nically competitive facilities wherever ton, Okla., will serve the public interest. support another station. With respect possible, we invited comments on the to the denial of a second assignment In view of the demand for Channel 237A assignment of Channels 256 and 271 at Weatherford, we are also of the view to Lebanon, Mo., South Central submits only. that this case rested upon the fact that that this channel should also be retained 10. Petitioner submits that the current at Clinton in order that it may be avail­ the requested assignment would deprive population of Danville is 52,000 and ait? another community of its first FM as­ able for use in the former community. tributes this increase over the 1960 figure Petitioner urges the assignment of Chan­ signment and in no way applies to the to the recent influx of large manufac­ subject request.2 nel 237A to Weatherford rather than its turing plants. He adds that WDAN-FM retentioh in Clinton. However, since 8. We have carefully considered the will duplicate a substantial portion of this would require further rule making contentions of the petitioner for the pro­ the AM programing and that there is a and would serve no useful purpose, we posed second assignment in Waynesville need for an independent broadcasting are retaining it in Clinton where it is and the opposition arguments of Mr. service. Finally he urges that no new available for use at Weatherford.* Briesacher and conclude that the FM station could survive on the avail­ 14. RM-1062; Lincoln, Nebr. Com­ Wajmesville-Fort Leonard Wood area able Class A channel due to the severe ments were invited on a petition for rule merits a second Class A assignment. We power and coverage limitations of such making filed jointly on November 14, are of the view that a sufficient showing a station. 1966 by Combelt Broadcasting Corp., and has been made as to the relationship be­ 11. We are of the view that the pro­ Shurtleff-Schorr Broadcasting Corp., tween Waynesville and the Fort to war­ posed assignment of a second Class B competing applicants for Channel 297 at rant a determination that they should be channel to the large and important Dan­ Lincoln, Nebr., requesting the deletion of considered together for the purpose of ville market will serve the public interest Channel 270- from Omaha, Nebr., and its and should be adopted. We are there­ assignment to Lincoln, as follows: fore assigning Channel 251 to Danville ! On Mar. 6, 1967, after the last day for fil­ and deleting 276A in order that the two ing reply comments, Mr. Briesacher filed a 8 If the applicant for Channel 237A at reply to the South Central reply comments. assignments will be of the same class. Weatherford or any other party wishes to No showing was made to justify the addition­ 12. RM-1061; Clinton, Okla. Western petition the Commission for a change in the al late-filed pleading. In view of this we Oklahoma Broadcasting Co., licensee of assignment of this channel to that com­ are not considering this reply of Mr. Station KWOE(AM), Clinton, Okla., filed munity instead of Clinton, we will entertain Briesacher. a petition for rule making on November such a request.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6140 RULES AND REGULATIONS operations. Petitioner states that the applicant for a new FM station in that Channel No. present population of Fresno is 159,300 community, requests the assignment of City and of the county is 412,100. It submits Channel 298 to Kenedy-Karnes instead Present Proposed that the city has also grown in retail of San Antonio. Kenedy has a popula­ sales, buying income per household and tion of 4,301 and Karnes City has a pop­ 237A, 274, 237A.270, other similar characteristics. It is urged ulation of 2,693. Channel 296A has been 292A, 297 274,292A, 297 assigned to these communities in com­ 222,231,241, 222,231,241, that for these reasons and because of the 253,260,264, 253,260,264, remoteness of Fresno from other major mon. This party stales that Kenedy- 270,283 283 markets, Fresno merits an additional Karnes is located a substantial distance FM facility. Finally, petitioner states from present Class C assignments, the Omaha has a population of 301,598. Of that it will file for the assignment in the closest being in San Antonio and Vic­ its eight Class C assignments, five are event it is made final. toria, about 50 miles distant. It urges occupied and three have not been applied 19. We are of the view that the re­ that a Class C assignment in Kenedy- for. It also has six AM stations, four of quested additional FM assignment would Karnes will provide the wide-area cov­ which are fulltime operations. Lincoln serve the public interest and should be erage needed to obtain broad support, has a population of 128,521. Stations are adopted. It would provide an additional that the area around the communities in operation on one of the Class A chan­ broadcast service to the public without is a potential “white area” because of its nels and on one of the Class C channels, exceeding the criteria used ih making location, and that Channel 298 is tech­ 274. Petitioners are applicants for the FM assignments in this large and grow­ nically feasible in the event 296A is de­ sole remaining Class C Channel, 297. ing community. We are therefore as­ leted from the area. Combelt is also the licensee of KFOR signing Channel 238 to Fresno, Calif. 24. In reply comments Waterman (AM) and Shurtleff-Schorr is the licen­ 20. RM-1071; San Antonio, Tex. Our points out certain facts about the Camel see of KLIN (AM), both Class IV AM sta­ notice invited comments on a petition for proposal for Kenedy-Karnes, noting that tions in Lincoln. In addition, Lincoln rule making filed on November 25, 1966, the chief stockholder of that corporation has another unlimited time AM station by Waterman Broadcasting Corp. of is also the principal stockholder in Sound and one daytime-only station, or a total Texas, licensee of Station KTSA(AM), Distributors, Inc., licensee of Class C of four. San Antonio, Tex., requesting the addi­ Station KEEZ, San Antonio (81 kw ERP, 15. Petitioners point out that Channel tion of a Class C channel to San Antonio 450 ft. a.a.t.) and also an applicant for 270 was previously assigned to Lincoln by making the following necessary a Class C station at Victoria (BPH-5731, but was removed to Omaha in order changes in other Texas communities: proposing 38.8 kw ERP and 155 ft. a.a.t.). that Channel 279 could be shifted from San Antonio is some 50 miles northwest Omaha to Atlantic, Iowa. See first re­ City Add Delete of the Kenedy-Karnes area, and Victoria port and order in Docket No. 15935, 1 some 55 miles east. Therefore, use of a FCC 2d 732. They submit that Omaha, 298 Class C channel in that area by Camel— with about twice the population, has four San Marcos______279 296A the only party which has shown an in­ Kenedy-Karnes______232A 296A terest in it—would have to be with quite times as many wide-area channels as Georgetown...... 244A 280A Lincoln, that there is a need and demand Burnet...... 296A 276A small facilities in order to avoid 1 mv/m for another Class C assignment in Lin­ overlap of commonly owned stations coln, and that the proposed addition of proscribed by § 73.240 of our rules (it Channel 270 would permit resolution of 21. San Antonio has a population of would be limited, in the direction of San the conflict between the two applicants 587,718 and its Standard Statistical Met­ Antonio, to 28.5 kw ERP (assuming an for Channel 297 at the same time that ropolitan Area has a population of 687,- antenna height of 250 ft.), putting its it would leave two Class C assignments 151: It has six full-time AM stations and 1 mv/m contour about 20 miles from available in Omaha. Finally, petitioners five daytime-only stations. Of the eight Kenedy-Karnes, and the limitation in urge that the proposal will serve the Class C channels assigned to San An­ the direction of Victoria would be only public interest in that it would provide tonio, all but one (274) have been au­ slightly less). Thus, it is asserted, the for a fair and equitable distribution of thorized. There are two applications for facilities possible would not meet the available facilities as provided for in sec­ the remaining assignment, that of peti­ minimum for new Class C stations w e tion 307(b) of the Communications Act. tioner and that of another party specify­ propose in pending rule making (50 kw 16. The proposed amendment would ing Alamo Heights, Tex., under the “25 ERP) and would be only slightly la r g e r result in a number of assignments in both mile rule”. Waterman submits that the than the Class A facilities possible on Lincoln and Omaha which conforms to- proposed addition of Channel 298 to San the channel now assigned there. Service the criteria used in setting up the table, Antonio will remove the conflict for 274 to “white area” claimed by Camel—as would bring about additional FM serv­ and will result in the earlier inaugura­ to which there was no specific showing— ice in Lincoln at an early date, and would tion of additional FM service to the area. would thus be extremely small if it would represent a fair and equitable distribu­ It points out that there has been a 43.9 exist at all, and it is urged that the Com­ tion of available facilities. We con­ percent increase in the city population mission should adhere to its g e n e r a l clude therefore that it would serve the from 1950 to 1960 and that the proposal policy of not assigning Class C channels public interest and should be adopted, would not adversely affect any other sta­ to small communities. Finally, W a te r ­ and we are so doing. tion or assignment. Finally, Waterman man states that the objectives of Camel 17. RM-1067; Fresno, Calif. In a peti­ urges that the rate of growth of the can virtually be accomplished through tion filed on November 18, 1966, Radio area shows the compelling need for an the operation of the existing Class A KYNO, Inc., licensee of Station KYNO additional assignment in San Antonio. assignment. (AM), Fresno, Calif., requests the addi­ 22. Since the additional assignment 25. Upon careful consideration of the tion of a sixth Class B FM assignment requested for San Antonio would not comments and the counter-proposal sub­ (Channel 238) to Fresno as follows: make the total exceed the criteria used mitted in the proceeding, we are of the in setting up the table of assignments view that the petitioner’s proposal to as­ (we attempted to put from 6 to 10 as­ sign an additional Class C assignment Channel No. City signments in a city the size of San An­ to San Antonio by the changes required tonio) and since the proposal would would serve the public interest and Present Proposed substitute an equivalent assignment in should be adopted. It would provide the each of the other communities affected large-and growing metropolitan market 229,233,250, 229, 233, 238, (with the exception of San Marcos, with an additional service and bring 270, 274 250, 270, 274 where a Class C is used to replace a additional service to the area in a Class A) we were of the view that com­ shorter time by eliminating the need for 18. Fresno has a population of 133,929ments should be invited on the Water­ a comparative hearing. It would also and its county has a population of 365,- man proposal as outlined above. provide the fairly large community of 945. All of its five FM assignments are 23. In a counterproposal, The Camel San Marcos (12,713) with a first Class C in operation. In addition, it has 10 AM Co., licensee of Station KAML(AM), assignment as well. As for the counter­ stations, five of which are daytime-only Kenedy-Karnes, Tex., and a prospective proposal to assign the channel sought to

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 RULES AND REGULATIONS 6141 Kenedy-Kames, this is the type of com­ ment of Channel 274 to Salt Lake City, other such channel in order to eliminate munity to which we have assigned Class Utah. These parties are the licensees of the need for a comparative hearing. Our A channels. While the proponent men­ Stations KALL(AM) and KNAK(AM), principal concern is the fact that the tio n s a potential “white area” to be and also applicants for the remaining FM assignment of Channel 274 to Salt Lake se r v e d , no showing was made to support channel (231) in Salt Lake City. City could preclude its assignment (or th is claim. There are Class C assign­ 30. Salt Lake City has a population that of adjacent channels) in commu­ ments at San Antonio, Seguin, Victoria, of 189,454 and its Standard Statistical nities which do not now have assign­ C o r p u s Christi, and Laredo, all of which Metropolitan Area has a population of ments and may need them in the future. w o u ld serve a portion of the possible 383,035. It has nine AM stations, four Petitioners show that a large part of the s e r v ic e area of a Class C assignment at of which are daytime-only operations. population of the State lives within 70 Kenedy-Karnes. There are also several It has been assigned seven Class C chan­ miles of Salt Lake City and that this area C la ss A assignments in the general area. nels, one over the normal amount as­ is growing. It is for this reason that we N o r is a showing made that this com­ signed to a city of its size, and all but should not assign the very few remaining munity would or could afford to install one have been authorized. The pending available frequencies in this area to the th e type of facilities which would provide applications for the remaining channel city which now has a rather large share wide-area coverage. In fact there is a will have to go through a comparative of them. Petitioners also show that se r io u s question as to the possibility of hearing, in the event the subject request many assignments are available in the any “white area” service in the event the is not granted. southern portion of the State. However, p a r ty seeking the Class C assignment in 31. Petitioners point out that the this area is not related to the Salt Lake Kenedy-Kames is the successful appli­ ..Commission last considered the Salt City area and the fact that many assign­ cant, in view of the overlap problem dis­ Lake City FM situation in its first re­ ments are available to such places as c u s se d by the petitioner. In any event, port and order issued in Docket No. Cedar City and Saint George is of no con­ we believe that the assignment of Chan­ 16212, 2 FCC 2d 647. In that proceeding cern to us here. The area of concern is nel 298 to San Antonio should be pre­ a seventh channel was added to Salt Lake that in which the proposed assignment fe r r e d and that this assignment and the City (by making a change in Tooele) but could preclude future needed assign­ assignment of Channel 232A to Kenedy- a request from Salt Lake to add an ments. Since there are fairly large com­ Kames represents a fair and equitable eighth assignment (Channel 274) was munities, such as American Fork and distribution of available facilities. denied.4 It was concluded that the addi­ Clearfield, in which Channel 274 is tech­ 26. RM-1073; Columbus, Nebr. Ontion of one channel would represent a nically feasible, we believe that we should November 28,1966, City and Farm Broad­ fair and equitable distribution of avail­ not adopt the petitioner’s proposal but casting, Inc., licensee of Station KTTT able facilities since the city had the should retain this channel for future (AM), Columbus, Nebr., filed a petition number of assignments contemplated by needed assignments. Accordingly, we fo r rule making requesting the addition the allocation principals. The decision are denying the joint request of Salt Lake of Channel 228A to Columbus, Nebr., as also stated that it was recognized that City Broadcasting Co., Inc., and Granit follows: a number of unused assignments in the District Radio Broadcasting Co. general area existed but that the future 34. RM—1075; Bemidji, Minn. On De­ Channel No. need and demand could not be foretold cember 2, 1966, Paul Bunyan Broadcast­ - City 32. Salt Lake and Granit now submit ing Co., licensee of Station KBUN(AM), Present Proposed additional reasons why they believe an Bemidji, Minn., filed a petition looking eighth assignment should be made to toward the substitution of Channel 266 266 228A, 266 Salt Lake City in addition to the avoid­ for 252A and 269A in Bemidji, as follows: ance of a lengthy and costly comparative hearing. They submit that within a Channel No. 27. Columbus, located in the east cen­ City tral portion of Nebraska, has a popula­ radius of 70 miles of Salt Lake City, as of January 1, 1966, 87.6 percent of the Present Proposed tion of 12,476. It is the largest com­ population of Utah reside, that the pop­ munity and the county seat in Flatt ulation growth of the State is within this 252A, 269A County, which has a population of 23,992. area, and that there has been a 16.2 266 There are two daytime-only AM stations percent growth since 1960 in the twelve in Columbus, KTTT, licensed to peti­ counties within the radius. On the Bemidji has a population of 9,958 and tioner, and KJSK. KJSK-FM operates other hand, they point out that in all Beltrami County (in which it is the on Channel 266. City and Farm states but five of the remaining counties in the county seat and largest community) has that it desires to provide a fulltime radio State there has been a population loss. a population of 23,425. The only radio service to its audience and believes that They show that there are a number of station in the county is KBUN, a Class a Class A channel would adequately serve Class A and C channels in most of the TV AM station, licensed to petitioner. its purpose. It urges that the addi­ listed communities for which no appli­ Petitioner urges the assignment of a tional assignment requested will not pre­ cations have been filed. A showing is wide-area Class C channel in view of the clude other future assignments in the also made as to the future availability rural nature of the area (the population area and in an accompanying engineer­ of assignments in communities through­ density of the county is 9.3 persons per ing attachment shows that numerous as­ out Utah in the event the need or de­ square mile), the great distance from signments are available to the areas sur­ mand arises. Thus, petitioners conclude population centers (the nearest town of rounding Columbus. that the proposal would insure addi­ comparable size is 75 miles), and the fact 28. We believe that Columbus needs tional service to the area having the that Bemidji is the business center for and warrants the assignment of a sec­ greatest need without adversely affecting Beltrami and several adjacent counties. ond FM channel. This would permit the the future needs of other communities. It is also submitted that Bemidji has a second daytime-only AM station in the 33. We have expressed concern in the number of important industries, tourist community to provide full-time radio past about assigning additional channels resorts, churches and schools. Finally, service without depriving any other com­ to Salt Lake City arid are not convinced petitioner points out that, due to the munity of a needed assignment. We are by the subject showing that such addi­ limited coverage of the AM station, there also of the view that the mixture of a tions would be wise. Since this city is great need for wide area coverage to Class A and C assignment is warranted already has one more Class C assignment provide fire prevention and other safety under the circumstances presented in (seven) than was contemplated for a city messages, school Closings, sports, news, this case. We are therefore adding of its size, we do not believe that we and educational programs. Channel 228A to Columbus, Nebr. would be warranted in assigning still an- 35. While we have generally assigned 29. RM-1074; Salt Lake City, Utah. Class A channels to the smaller com­ a petition filed on November 28, 1966, 4 Another party filed for this new assign­ munities and Class B and C channels to Salt Lake City Broadcasting Co., Inc., ment and was granted a construction per­ the large cities and metropolitan areas, and Granite District Radio Broadcasting mit, leaving Salt Lake and Granit still in we believe that Bemidji warrants a de­ Co., jointly request the additional assign­ a hearing situation. parture from this policy in view of the

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6142 RULES AND REGULATIONS rural nature of the surrounding area and Adopted: April 12,1967. proposed rule making in the above- the great distances from population cen­ Released: April 14,1967. entitled matter, proposing to replace ters. We are therefore adopting the pro­ Channel 47 with Channel 36 at Lansing, posal as outlined above. Channel 252A F ederal Communications Mich. Channel 47 at Lansing may not could be retained in Bemidji if desired Com m ission,5 be used within 75 miles of the transmit­ but there does not presently appear war­ [seal] B en F . W aple, ter site of Station WXON, Channel 62, rant for assigning two channels there Secretary. Detroit, Mich. The actual distance be­ and it will be deleted. [F.R. Doc. 67-4291; Filed, Apr. 18, 1967; tween the standard reference point in 36. Longview, Wash., and Astoria, 8:49 a.m.] Lansing and the transmitter site of WXON is only 65.635 miles. Channel Oreg. In addition to the abóve discussed [Docket No. 17108; FCC 67-453] proposals made by interested parties, the 36 may be assigned to Lansing in Commission wished to make two addi­ full compliance with the separation PART 73— RADIO BROADCAST requirements. tional changes on its own motion. SERVICES Channel 240A is presently assigned to 2. Interested parties were invited to Longview, Wash., at spacings below the Television Broadcast Channels; Short- comment on or before February 27,1967, minimums. In order to remove this Spaced Assignment, Lake City, Fla. and replies to any such comments could short-spaced assignment, comments were be filed on or before March 10,1967. No Report and order. 1. On January 20, comments were received. There are no invited on the following: 1967, the Commission issued a notice of pending applications for Channel 47 at proposed rule making in the above-en­ Lansing. Channel 36 may be assigned Channel No. titled matter, proposing to replace Chan­ to Lansing without making other City nel 34 with Channel 41 at Lake City, Fla. changes in the table of assignments. Present Proposed Channel 34 may not be used within 60 3. Therefore, pursuant to the author­ miles of the transmitter site or standard ity contained in section 4(i), 303, and 240A 288A reference point where Channel 20 is as­ 307(b) of the Communications Act of 289 225 signed. Channel 20 is assigned to 1934, as amended: It is ordered, That, Gainesville, Fla., only 40.263 miles from effective May 22, 1967, the Table of Lake City. Channel 41 may be assigned Assignments in § 73.606(b) of the Com­ In view of the fact that these changes to Lake City in full compliance with the mission rules is amended, insofar as the will remove short-spaced assignments geographic separation requirements. city listed below is concerned, to read and will provide each community with 2. Interested parties were invited to as follows: the same type of channel, we are adopt­ comment on or before February 27,1967, City Channel No. - ing the changes proposed. and replies to any such comments could Lansing, Mich______6—,36,53 37. Authority for the adoption of the be filed on or before March 10,1967. No comments were received. There are no Note: The appropriate offsets for Channels amendments adopted herein is contained 36 and 53 will be supplied in a subsequent in sections 4(i), 303, and 307(b) of the pending applications for Channel 34 at Lake City. Channel 41 may be assigned order. Communications Act of 1934, as to Lake City without making other 4. It is further ordered, That this pro­ amended. changes in the table of assignments. ceeding is terminated. 38. In accordance with the determina­ 3. Therefore, pursuant to the author­ (Secs., 4, 303, 307, 48 Stat., as amended, 1066, tions made above: It is ordered, That ity contained in sections 4(i), 303, and 1082, 1083; 47 U.S.C. 154, 303, 307) effective May 22, 1967, § 73.202 of the 307(b) of the Communications Act of Commission’s rules, the FM Table of As­ 1934, as amended: It is ordered, That, Adopted: April 12, 1967. signments, is amended to read, insofar effective May 22, 1967, the Table of As­ Released: April 14, 1967. signments in § 73.606(b) of the Com­ as the communities named are con­ mission rules is amended, insofar as the F ederal Communications cerned, as follows: city listed below is concerned, to read as ' Com m ission, [ seal] B en F. W aple, City Channel No. follows: Channel Secretary. California: Fresno ______,_229,233,238, City No. [F.R. Doc. 67-4293; Filed, Apr. 18, 1967; 250, 270, 274 Lake City, Pia------*41 8:49 a.m.] Illinois: Note: The appropriate offset for Channel Danville------256,271 41 will be supplied in a subsequent order. [Docket No. 17110; FCC 67-455] Indiana: 4. It is further ordered, That this PART 73— RADIO BROADCAST Rockville - ______285A proceeding is terminated. SERVICES Minnesota: (Secs. 4, 303, 307, 48 Stat., as amended, 1066, Bemidji______- 266 1082, 1083; 47 U.S.C. 154, 303, 307) Television Broadcast Channels; Short- Missouri: Waynesville______249A, 272A Adopted: April 12,1967. Spaced Assignment, Temple, Tex. Nebraska: Released: April 14,1967. Report and order. 1. On January 20, Columbus ______228A, 266 1967, the Commission issued a notice Lincoln______237A, 270, F ederal -Communioations Com m ission, of proposed rule making in the above- 274,292A, 297 lentitled matter, proposing to replace O m aha...... 222,231,241, [ seal] B en F. W aple, 253, 260, 264, 283 Secretary. Channel 28 with Channel 46 at Temple, Tex., in order to eliminate a short spac­ Oklahoma: [F.R. Doc. 67-4292; Filed, Apr. 18, 1967; ing between the standard reference point Clinton ______237A, 295 8:49 a.m.] Oregon: for the Channel 28 assignment at A storia______225 [Docket No. 17109; FCC 67-454] Temple and the transmitter site of Sta­ Texas: tion KHFI-TV, Channel 42, Austin, Burnet------296A PART 73— RADIO BROADCAST Tex. Although the shortage is relative­ Georgetown ______244A SERVICES ly small, the retention of Channel 28 in Kenedy-Karnes______— 232A Temple would restrict the choice of a San Antonio. ______225,241, 247, Television Broadcast Channels; Short- transmitter site to a location north of 258,262,270,274, 283, 298 Spaced Assignment, Lansing, Mich. Temple. Channel 46 may be assigned San Marcos______... ------279 to Temple in full compliance with the Washington: Report and order. 1. On January 20, geographic separation requirem ents. Longview______— 1967, 288A the Commission issued a notice of 2. Interested parties were invited to (Secs. 4, 303, 307, 48 Stat., as amended, 1066, E Commissioner Cox dissenting to the action comment on or before February 27,1967, 1082, 1083; 47 U.S.C. 164, 303, 307) on Waynesville, Mo. and replies to any such comments could

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 RULES AND REGULATIONS 6143 be filed on or before March 10, 1967. to the additional examination of Novice, No comments were received. There are Technician, and Conditional Class ama­ Title 50— WILDLIFE AND no pending applications for Channel 28 teur radio operators by Commission per­ at Temple. Channel 46 may be assigned sonnel. FISHERIES to Temple without making other changes 2. Paragraph (a) of § 97.35 provides in the Table of Assignments. that holders of these classes of licenses Chapter I— Bureau of Sport Fisheries 3. Therefore, pursuant to the author­ are subject to Commission-supervised and Wildlife, Fish and Wildlife ity contained in sections 4(i), 303, and ex a m in a tio n of their qualifications. Service, Department of the Interior 307(b) of the Communications Act of Paragraph (b) of § 97.35 merely warns 1934, as amended: It is ordered, That, these licensees that one of the reasons PART 33— SPORT FISHING effective May 22, 1967, the Table of As­ for which the Commission will direct Elizabeth Alexandra Morton National signments in § 73.606(b) of the Com­ supervised examination is when the li­ mission rules is amended, insofar as the censee is found to be jn violation of cer­ Wildlife Refuge, N.Y. city below is concerned, to read as tain technical standards. This latter The following special regulation is is­ follows: •' " • provision has, however, been misinter­ sued and is effective on date of publica­ City Channel No. preted by some licensees' as being in­ tion in the F ederal R egister. Temple, Tex ______6,46 tended to qualify and limit the applica­ §33.5 Special regulationsSport fish­ Note: The appropriate offset for Channel bility of paragraph (a) of § 97.35. ing; for individual wildlife refuge 46 will be supplied in a subsequent order. 3. - To avoid any further confusion in areas. this regard and since paragraph (b) of N ew Y ork 4. It is further ordered, That this pro­ § 97.35 is a nonsubstantive provision, it ceeding is terminated. appears to the Commission that it should ELIZABETH ALEXANDRA MORTON NATIONAL (Secs. 4, 303, 307; 48 Stat., as amended, 1066, be deleted hereby. WILDLIFE REFUGE 1082,1083; 47 Ü.S.C. 154,303, 307) 4. The rule change herein ordered is Sport fishing from the shore in tidal Adopted: April 12, 1967. interpretive and procedural only and, waters and access thereto by walking is therefore, compliance with the provi­ permitted on the Elizabeth Alexandra Released: April 14, 1967. sions for notice and public procedure is Morton National Wildlife Refuge, N.Y., F ederal Communications unnecessary and it may be made effec­ through December 31, 1967. The refuge Commission, tive immediately. Authority for this is delineated on a map available at refuge [seal] B en F. W aple, rule change is contained in sections 4(i) headquarters and from the office of the Secretary. and 303 of the Communications Act of Regional Director, Bureau of Sport Fish­ 1934, as amended. eries and Wildlife, U.S. Post Office and [F.R. Doc. 67-4294; Piled,-Apr. 18, 1967; Courthouse, Boston, Mass. 02109. Sport 8:49 a.m.] 5. In view of- the foregoing: It is or­ fishing shall be in accordance with all dered, That effective April 21, 1967, par­ applicable state regulations. [PCC 67-429] agraph (b) of § 97.35 of the Commis­ The provisions of this special regula­ sion’s rules and regulations is deleted tion supplement the regulations which PART 97— AMATEUR RADIO and the word “Reserved” inserted in lieu govern fishing on wildlife refuge areas SERVICE thereof. generally, which are set forth in Title 50, Code of Federal Regulations, Part 33, Additional Examination for Holders (Secs. 4, 303, 48 Stat., as amended 1066, 1082; 47 U.S.C. 154, 303) and are effective through December 31, of Novice, Technician, or Condi­ 1967. tional Class Operator Licenses Released: April 14, 1967. Eugene E. Crawford, Acting Regional Director, Bu­ Order. At a session of the Federal F ederal Communications Commission, reau of Sport Fisheries and Communications Commission held at its Wildlife. offices in Washington, D.C., on the 12th [seal] B en F. W aple, day of April 1967; Secretary. April 12, 1967. 1. The Commission has under consid­ [FJt. Doc. 67-4295; Filed, Apr. 18, 1967; [F.R. Doc. 67-4304; Filed, Apr. 18, 1967; eration § 97.35 of its rules which relates 8:49 ajn.] 8:50 a.m.]

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6144 Proposed Rule Making

(5) Operating or riding on a self-un­ (d) This order is issued on an interim DEPARTMENT OF LABOR loading bunk feeder wagon, a self-un­ basis pending a study in greater depth of loading bunk feeder trailer, a self-un­ the occupations in agriculture particu­ Bureau of Labor Standards loading forage box wagon, a self-unload­ larly hazardous for employment of chil­ ing forage box trailer, a self-unloading dren below the age of 16. It shall expire [ 29 CFR Part 15001 auger wagon, or a self-uni oa'cling auger June 1,1969, unless first replaced by fur­ HAZARDOUS OCCUPATIONS IN trailer. ther proceedings pursuant to Subpart D AGRICULTURE (6) Operating or riding on a dump of this part. wagon or hoist wagon, fork lift, rotary Signed at Washington, D.C., this 11th Employment of Children Below Age tiller (except walking type), or earth- day of April 1967. of 16 moving equipment or trenching equip­ ment. W. W illard Wirtz, Pursuant to authority in section 13(c) (7) Operating or unclogging a com­ Secretary of Labor. of the Pair Labor Standards Act of 1938 bine, field baler, header, windrower, [PJt. Doc. 67-4251; Filed, Apr. 18, 1967; (63 Stat. 918, as amended; 29 U.S.C. swather, mower, hay conditioner, com 8:46 aon.] 213) and Reorganization Plan No, 2 of picker or cotton picker, or forage har­ 1946 (3 CFR\ 1943-48 Comp., p. 1064), vester or vegetable harvester. and in accordance with 29 CPR Part 1500, (8) Operating, feeding, or unclogging Subpart D, I hereby propose to issue an any of the following machines when DEPARTMENT OF. HEALTH, EDUCA­ interim finding and order in the form power-driven: stationary baler, thresher, set forth below. huller, feed grinder, chopper, silo filler, TION, AND WELFARE Accordingly, notice is hereby given of sheller, crop dryer. proceedings to be held on May 18, com­ (9) Feeding materials into or unclog­ Food and Drug Administration mencing at 10 a.m., in Conference Room ging a roughage blower or auger con­ [ 21 CFR Part 27 1 102 (A, B, C, D) Main Labor Building, veyor. 14th Street, and Constitution Avenue, (10) Operating a power1 driven post- CANNED ARTIFICIALLY SWEETENED NW., Washington, D.C., to be conducted in accordance with the procedure pre­ hole digger or power driven post driver. FRUITS scribed in 29 CFR 1500.45. Interested (11) Operating, adjusting, or clean­ ing a power-driven saw. Certain Identity Standards; Additional persons are invited to appear and submit Optional Ingredients data, views, and argument with re­ (12) Felling, bucking, skidding, load­ spect to this proposal. Persons desiring ing, or unloading timber with a butt Notice is given that a petition has been to appear are requested to notify the diameter of more than 4 inches. filed by California Canners and Growers, Director of the Bureau of Labor Stand­ (13) Working from a ladder or. scaf­ 3100 Ferry Building, San Francisco, Calif. ards no later than 2 days prior to the fold at a height over 20 feet. 94106, proposing that the standards of date provided above. Written data, (14) Working inside a gas-tight type identity for the artificially sweetened views, and argument with regard to this fruit enclosure, gas-tight type grain en­ canned fruits identified below be amend­ proposal may also be submitted to the closure or gas-tight type forage enclos­ ed to list cyclohexylsulfamic acid as an Director of the Bureau of Labor Stand­ ure, or inside a silo when a top unload­ optional nonnutritive sweetener and to ards on or prior to the date provided ing device is in operating position. list edible organic acids and salts as op­ above, and will be made part of the (15) Handling or curing for a dairy tional flavor-enhancing ingredients with record. bull, boar, stud horse, cow with new­ suitable label declaration. The proposed order reads as follows: born young, sow with new-born young, Grounds set forth in the petition in § 1500.70 Occupations in agriculture. mare with new-born young, except clean­ support of the proposals are that cyclo­ ing unoccupied pens or stalls, or feed­ hexylsulfamic acid is an artificial sweet­ (a) Finding and declaration of fact. ener having properties making it useful The following occupations in agriculture ing and watering when done from out­ side the pen or stall. as a flavor enhancer and that when used are particularly hazardous for the em­ as a nonnutritive sweetener, it is gen­ ployment of children below the age of 16 : (b) Definition. As used in this order, erally recognized by qualified experts as (1) Handling or applying anhydrous the term “agriculture” shall mean farm­ safe in foods. Also, edible organic acids ammonia, any organic arsenic herbicide, ing irf all its branches, including among and salts improve the flavor of artificially organic phosphate pesticide, halogenated other things the cultivation and tillage sweetened canned fruits and make such hydrocarbon pesticide, or heavy-metal of the soil, dairying, the production, cul­ foods more acceptable to consumers ac­ fungicide, including cleaning or decon­ tivation, growing, and harvesting of any customed to the flavor of canned fruits taminating equipment used in applica­ agricultural or horticultural commodities (including commodities defined as agri­ prepared with nutritive sweeteners. tion or mixing of any such chemical. Accordingly, it is proposed that Part 27 (2) Handling or using a blasting cultural commodities in section 15(g) of the Agricultural Marketing Act, as be amended in the following r e s p e c ts : agent. amended), the raising of livestock, bees, 1. By amending §§ 27.6 Artificially (3) Working as— fur-bearing animals, or poultry, and any sweetened canned peaches; identity; la­ (i) Driver of a truck, bus, or auto­ practices (including any forestry or bel statement of optional ingredients, mobile; lumbering operations) performed by a 27.14 Artificially sweetened canned apri­ (ii) Helper on a truck when such work farmer or on a farm as an incident to or cots * * *, 27.24 Artificially sweetened involves riding outside the cab on a pub­ in conjunction with such farming opera­ canned pears * * *, 27.34 Artificially lic road or highway, or riding on a run­ tions, including preparation for market, sweetened canned cherries * * *,27.43 ning board, fender, hood, or bumper on delivery to storage or to market or to Artificially sweetened canned fruit cock­ the farm proper; carrriers for transportation to market. tail * * *, and 27.73 Artificially sweet­ (iii) Flagman for aircraft. (c) Exception. This order shall not ened canned figs * * *, as follows: (4) Operating, driving, or riding on a apply to the employment of a child below a. By adding “cyclohexylsulfamic acid” tractor (track or wheel, over 10 horse­ the age of 16 by his parent or by a person to the list of artificial sweeteners in par­ power) , or attaching or detaching an im­ standing in the place of his parent on a agraph (a) of each section. plement or power takeoff unit to or from farm owned or operated by such parent b. By revising the last sentence of such tractors. or person. paragraph (a) of each section to read

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 PROPOSED RULE MAKING 6145 “Such packing medium may be thick­ 029° T (016° M) radial of the Cheyenne ened with pectin and may contain any VORTAC and the procedure turn alti­ FEDERAL COMMUNICATIONS mixture of any edible organic salt or tude for the VOR-1 approach procedure salts and any edible organic acid or acids from 7,900 to 7,500 feet MSL. The low­ COMMISSION as a flavor-enhancing agent, in a quan­ ering of these altitudes will provide more tity not more than is reasonably required efficient control of 3FR traffic and expe­ I 47 CFR Part 15 1 for that purpose.” dite the execution of the approach pro­ c. By adding to paragraph (b) (2) ofcedure in that the requirement for a [Docket No. 17364; FCC 67-431] each section a new sentence reading procedure turn will be eliminated. Mod­ RADIO FREQUENCY DEVICES “When any organic salt or acid or any ification of the procedures, as outlined mixture of two or more of these is added, above, will require operation at less than Low Power Communication Devices the label shall bear the common or usual 1,500 feet above the surface; therefore, name of each such ingredient.” - additional 700-foot transition area will In the matter of amendment of rules be required. in Part 15, Subpart E—Low Power Com­ 2. By adding to § 27.1 Definitions a munication Devices; Docket No. 17364, new paragraph, as follows: Interested persons may participate in RM 449, RM 463. (g) The terms "edible organic acid” the proposed rule making by submitting 1. Notice is hereby given of proposed and “edible organic sait” refer to any such written data, views, or arguments rule making in the above-entitled matter edible organic acid and any edible or­ as they may desire. Communications to delete the band 26.97-27.27 Mc/s from ganic salt added for the purpose of flavor should be submitted in triplicate to the Subpart E of Part 15 and substitute enhancement that either is not a food Director, Western Region, Attention: therefor the band 49.9-50.0 Mc/s. additive as defined in section 201 (s) of Chief, Air Traffic Division, Federal Avi­ 2. The Communications Act of 1934 as the Federal Food, Drug, and Cosmetic ation Administration, 5651 West Man­ amended, provides for the control for the Act or, if it is a food additive as so chester Avenue, Post Office Box 90007, Federal Government of all the channels defined, is used in conformity with regu­ Airport Station, Los Angeles, Calif. of interstate and foreign radio com­ lations established pursuant to section 90009. All communications received munication. To maintain this control, 409 of the act. within 30 days after publication of this the Commission has established various Pursuant to the provisions of the Fed­ notice in the F ederal R egister will be classes of service under which radio eral Food^Drug, and Cosmetic Act (secs. considered before action is taken on the transmission equipment may be operated 401, 701, 52 Stat. 1046, 1055 as amended proposed amendment. No public hear­ and in accordance with Commission reg­ 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, ing is contemplated at this time, but ulations and under the terms of a spe­ 371) and in accordance with the author­ arrangements for informal conferences cific license granted by the Commission. ity delegated to the Commissioner of with Federal Aviation Administration Part 15 of the Commission’s regulations Food and Drugs by the Secretary of officials may be made by contacting the sets forth the conditions under which a Health, Education, and Welfare (21 CFR Regional Air Traffic Division Chief. restricted radiation device, not operated 2.120), all interested persons are invited Any data, views, or arguments presented in one of the prescribed services, may be to submit their views in writing, pref­ during such conferences must also be submitted in writing in accordance with used without an individual license. erably in quintuplicate, regarding this 3. Thus, the Part 15 rules are intended proposal. Such views and comments this notice in order to become part of the record for consideration. The proposal to provide a maximum freedom of opera­ should be addressed to the Hearing Clerk, tion with a minimum of* regulation while Department of Health, Education, and contained in this notice may be changed in the light of comments received. at the same time protecting the licensed Welfare, Room 5440, 330 Independence services from harmful interference. Avenife SW., Washington, D.C. 20201, A public docket will be available for This philosophy is embodied in § 15.3 of within 60 days following the date of pub­ examination by interested persons in the Part 15 which states that no person op­ lication of this notice in the F ederal office of the Regional Counsel, Federal erating any device under Part 15 shall Register, and may be accompanied by a Aviation Administration, 5651 West Man­ be deemed to have “any vested or recog­ memorandum or brief in support thereof. chester Avenue, Los Angeles, Calif. 90045. nizable right to the continued use of any Dated: April 11,1967. In consideration of the foregoing, the given frequency, by virtue of prior regis­ FAA proposes the following airspace tration or certification of equipment.” J. K. K irk, action: Under this philosophy the operator of a Associate Commissioner In § 71.181 (32 F.R. 2167) the Chey­ Part 15 device, in return for the privilege for Compliance. enne, Wyo., transition area is amended of operating without a license and with a [F.R. Doc. 67-4279; Filed, Apr. 18, 1967; by deleting all before “* * * that air­ minimum of regulation, must protect the 8:48 a.m.] space extending upward from 1,200 feet licensed services from interference and * * *.”, and substituting therefor, “That must accept such interference as he may airspace extending upward from 700 feet receive. above the surface within a 14-mile radius 4. A low power communication device DEPARTMENT OF of the Cheyenne Municipal Airport is defined as a restricted radiation device (latitude 41°09'20" N., longitude 104°48'- used for the transmission of signals by TRANSPORTATION 30" W.), and within 6 miles southeast radiation of electromagnetic energy. Federal Aviation Administration and 8 miles northwest of the Cheyenne Pursuant to the regulations in Part 15, VORTAC 029° radial, extending from the low power communication devices may be I 14 CFR Part 71 1 14-mile radius area to 14 miles north­ operated in the band 26.97^-27.27 Mc/s, [Airspace Docket No. 67-WE-22] east of the VORTAC * * among others, without a license with no restriction as to type of modulation or TRANSITION AREA This amendment is proposed under type of message that may be transmitted. the authority of section 307(a) of the These regulations take the form of a Proposed Alteration Federal Aviation Act of 1958, as amended requirement (§§ 15.3 and 15.222) that no The Federal Aviation Administration (72 Stat. 749; 49 U.S.C. 1348). harmful interference be caused by the is considering an amendment to Part 71 operation of these devices and establish of the Federal Aviation Regulations that Issued in Los Angeles, Calif., on April specific technical limitations (§ 15.205) would alter the description of the 700- 10, 1967. applicable to low power communication foot portion of the Cheyenne, Wyo., L ee E. W arren, devices operating in the band 26.97-27.27 transition area. Acting Director, Western Region. Mc/s. The FAA proposes to lower the mini­ [F.R. Doc. 67-4253; Filed, Apr. 18, 1967; 5. The development of transistors and mum authorized holding altitude on the 8:46 a.m.] printed circuitry has made it possible to

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 No. 75----- 4 6146 PROPOSED RULE MAKING build low cost, yet efficient, low power conditions of § 15.3 thereof, which reads ments in Subpart C will result in denial communication devices for operation in as follows: of type approval. the band 26.97-2727 Mc/s using voice § 15.3 General condition of operation. 11. These rules will permit continued communications. These devices may, Persons operating restricted or incidental operation without a license in the band under favorable conditions, provide reli­ radiation devices shall not be deemed to have 26.97-27.27 Mc/s until not later than able communications over distances of any vested or recognizable right to the con­ 7 years after the effective date of the a mile or more. Because they are rela­ tinued use of any given frequency, by virtue final order that is issued in this proceed­ tively cheap, these devices have caught of prior registration or certification of equip­ ing. However, in order to accelerate the ment. Operation of these, devices is subject shift to the new frequencies, these rules the public fancy and are being sold by to the conditions that no harmful inter­ the thousands. A considerable number ference is caused and that interference must propose to prohibit the operation with­ of these devices are used for essential be accepted that may be caused by other out a license in the band 26.97-27.27 business communication. By far the incidental or restricted radiation devices, in­ Mc/s of any devices manufactured more larger number, however, are used for dustrial, scientific or medical equipment, or than 2 years after the effective date of hobby communications which are not from any authorized radio service. the final order. Manufacturers are permissible for Citizens Radio Service urged to terminate the manufacture of For a discussion of § 15.3 see paragraph such Part 15 devices at the earliest pos­ licensees. 3 above. 6. The large number of such devices 9. Regulations permitting the opera­ sible time and thus help to expedite an that are in use has created a chaotic.in­ orderly transition from 26.97-27.27 tion of Part 15 devices at 27 Mc/s were Mc/s to 49.9-50.0 Mc/s. terference condition to the Citizens Ra­ intended to provide a short range com­ dio Service—in particular to the service 12. The proposed amendments are set munication facility for radio toys and out below. Authority for the adoption of Citizens Class C and Class D Stations hobby use. Experience has.shown that which are authorized to operate on fre­ of the amendments herein proposed is the existing Part 15 regulations have contained in sections 4(i) and 303 (r) of quencies between 26.96 and 27.26 Mc/s. not been adequate to control the inter­ This interference situation in turn has the Communications Act of 1934, as ference potential of the low-power com­ amended. been the cause of numerous complaints munication devices and that stricter and and has prompted the filing of two peti­ 13. Pursuant to applicable procedures tions. RM 449 filed by Joseph S. more detailed technical regulations are set forth in § 1.415 of the Commission’s Makera, Hartford, Conn., licensee of a required. Developments in components rules, interested persons may file com­ Citizens Class C Radio Station, com­ and in manufacturing techniques in the ments on or before May 22, 1967, and plains of intolerable interference caused past decade have demonstrated that not reply comments on or before June 6, by nonlicensed Part 15 voice communica­ only is it feasible to produce efficient, 1967. All relevant and timely comments tions devices operating on the Citizens low-cost equipment at approximately 50 and reply comments will be considered Class C frequencies and requests that Mc/s and above, but that it also is by the Commission before final action is these Part 15 devices be excluded from feasible to meet these stricter technical taken in this proceeding. In reaching the Class C frequencies. RM 463, filed specifications without any undue increase its decision on the rules of general by Perma Power Co., Chicago, 111., a man­ in cost. The regulations proposed here­ applicability which are proposed herein, ufacturer of radio controls for garage in therefore specify a frequency toler­ the Commission also may take into door operators, argues that the harmful ance for the devices, and would require account other relevant information be­ interference created by voice operated stricter limitations on out-of-band fore it, in addition to the specific com­ equipment in the 27 Mc/s band has ren­ radiation, namely, that any emission ments invited by this notice. dered this band nearly unusable for radio between 10 and 20 kc/s removed from 14. In accordance with the provisions control of garage door operators, and re­ the carrier be suppressed 25 db, and that of § 1.419 of the Commission’s rules and quests that additional frequencies be any emission more than 20 kc/s removed regulations, an original and 14 copies of made available for such devices for use from the carrier be suppressed at least all statements, briefs, or comments shall on a nonlicensed basis. 60 db. As a further limitation on un­ be furnished the Commission. necessary emissions, the use of super- 7. The interference situation thus re­ Adopted: April 12,1967. vealed appears to negate the basis for regenerative detectors will be prohibited nonlicensed operation under Part 15. These regulations will also call for type Released: April 14, 1967. Such nonlicensed operation is author­ approval of the transmitter part of the ized on the premise that technical device. See Part 2, §§ 2.551-2.567 for F ederal Communications standards can be established which, if information regarding type approval. Commission,1 met, will preclude the likelihood of in­ 10. Attention is called to the fact that [seal] B en F. W aple, terference to the channels of interstate the receiver part of any low-power com­ Secretary. communication. The interference situ­ munication device operating' in the band It is. proposed to amend Part 15 as ation that has arisen between the nonli­ 49.9-50.0 Mc/s is subject to the Commis­ follows: censed Part 15 devices and the licensed sion’s receiver radiation rules in Subpart 1. The text of § 15.201(a) is revised to Citizens Radio stations makes it neces­ C of Part 15. Such a receiver must sup­ read as follows: sary to reappraise the regulations which press the emission of radio frequency now permit nonlicensed operation of Part energy within the limits specified in Sub­ § 15.201 Frequencies of operation. 15 devices in the band 26.97-27.27 Mc/s. part C and must be certificated to show compliance with these rules. Notice is (a) A low power communication de­ 8. This shared use of the 27 Mc/s band vice may be operated on any frequency has posed a formidable enforcement hereby given that, pursuant to the Com­ mission’s policy, the transmitter section in the bands 10-490 kc/s, 510-1600 kc/s problem for the Commission. As a first and 49.9-50.0 Mc/s. It may be operated step toward resolving this problem, we of a low power communication device operating between 49.9-50.0 Mc/s may in the band 26.97-27.27 Mc/s subject to propose to separate the nonlicensed Part termination dates in § 15.205. 15 operation from the licensed Citizens not be considered for type approval operation. Under the proposal, the 27 unless an acceptable certificate for the ***** Mc/s frequencies would be retained for receiver portion of the device pursuant 2. Section 15.205 is amended by the licensed Citizens Radio Stations. The to Subpart C of Part 15 has been filed addition of paragraphs (e) and (f) to nonlicensed Part 15 devices, both voice or accompanies the application for type read as follows: operated and control devices, would be approval. Furthermore, both the trans­ moved to the band 49.9-50.0 Mc/s, which mitter and the receiver parts of a device § 15.205 Operation within the fre­ is and would continue to be allocated „which includes a self-contained receiver quency band 26.97—27.27 Mc/s. nationwide for use by the Federal Gov­ will be tested. Type approval will be * * * * * ernment. Part 15 devices would be per­ granted only when both the transmitter mitted to use this band on a sufferance and the receiver parts of the device com­ ply with the appropriate Part 15 require­ 1 Concurring statement of Commissioner basis and, like all other devices accom­ Cox filed as part of original document: Com­ modated under Part 15 of the Commis­ ments. Failure of the receiver part of missioners Wadsworth and Johnson dis­ sion’s rules, would be subject to the the device to meet the receiver require­ senting.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 PROPOSED RULE MAKING 6147 (e) Operation of devices manufactured manently attached to the box containing 4. The National Association of Educa­ prior to (see Note 1) must be termi­ the device. If a microphone is used it tional Broadcasters, in a comment filed nated not later than (see Note 2). shall be built into the box. No remote in this proceeding, supports petitioner’s (f) Operation of devices manufactured operating position is permitted. statement that “The need for an educa­ on or after (see Note 1) is not permitted (h) The receiver associated with or tional television network op erative in this band. part of this device shall not use super­ throughout the State is demonstrated by Note 1 : The date to be inserted will be ap­ regeneration and shall comply with the the fact that in many areas throughout proximately 2 years after the effective date of radiation requirements in § 15.63. If the State, the population is relatively the final order that is issued in this proceed­ designed to operate from public utility sparse, and the economy is rural in na­ ing. ' : -“H . * powerlines, the conducted energy fed ture, so that these areas do not provide Note 2: The date to be inserted will be back into the powerlines by the receiver the substantial tax resources for school approximately 7 years after the effective date shall not exceed 100 microvolts on any of the final order that is issued in this pro­ support found in heavily populated, more ceeding. frequency below 25 Mc/s. industrialized areas. Therefore, in these (i) The device shall be type approved sparsely populated rural areas it is es­ 3. A new § Ì5.207 is added to read asand identified pursuant to the procedure sential that the local school curricula follows: in §§ 15.235-15.238 inclusive. be supplemented by educational televi­ § 15.207 ' Operation within the fre­ [F.R. Doc. 67-4296; Filed, Apr. 18, 1967; sion broadcasting in such areas as In- quency band 49.9—50.0 Mc/s. 8:49 ajn.] class instruction at all school levels, par­ ticularly in the science and mathematics A low power communication device areas, In-service teacher training, spe­ may be operated within the band 49.9- [ 47 CFR Part 73 ] cialized and professional instruction, 50.0 Mc/s provided it complies with the adult education, etc.” following requirements: [Docket No. 17366; FCC 67-451] 5. In view of the above and the fact ...(a) The device shall operate on one of that the allocation can be accomplished the following frequencies: NONCOMMERCIAL, EDUCATIONAL without deleting any channel from any Mc/s Mc/s Mc/s TELEVISION BROADCAST STATIONS other community and without modifying 49.91 49.95 49.99 or in any way altering any assignment in 49.93 49.97 Table of Assignments; Eagle Butte, the present Table of Assignments, we S. Dak. Means may be provided for selecting the are instituting this rule making proceed­ operating frequency. In the matter of amendment of the ing to consider amending § 73.606(b) of (b) The carrier frequency of the de­ Table of Assignments in § 73.606(b) of the Commission’s rules in respect to vice shall be maintained within ±0.01 the Commission’s rules to assign Channel Eagle Butte, as listed below: percent of the operating frequency. For 13 to Eagle Butte, S. Dak., and reserve type approval this tolerance must be it for noncommercial, educational use; Channel No. maintained over thè temperature range Docket No. 17366, RM-1076. City —20° C. to +50° C. and for a variation 1. Notice is hereby given of proposed Present Proposed in the. primary supply voltage from 85 rule making in the above captioned percent to 115 percent of the rated matter. *13+ supply voltage. v 2. On December 5, 1966, the South (c) Except as provided in paragraphs Dakota State Board of Directors for 6. Pursuant to applicable procedures (d) and (e) of this section emissions Educational Television filed a petition set out in § 1.415 of the Commission rules, from the device shall be confined within requesting that Channel 13 be assigned interested parties may file comments on a 20 kc/s band centered on the operat­ to Eagle Butte, S. Dak. and reserved as or before May 22, 1967, and reply com­ ing frequency listed in paragraph (a) of a noncommercial, educational station. ments on or before June 1, 1967. All this section. No oppositions to the petition have been submissions by parties to this proceeding (d) The mean power of emissions shall filed. or by persons acting in behalf of such be attenuated below the mean output 3. The South Dakota State Board of parties must be made in written com­ power of the device in accordance with Directors for Educational Television is ments, reply comments, or other appro­ the following ¡schedule: a State agency created during the 1965 priate pleadings. (1) On any frequency between 10 kc/s session of the South Dakota Legislature 7. In accordance with the provisions and 20 kc/s removed from the carrier : At for the express purpose of promoting of § 1.419 of the rules, an original and least 25 db; and sponsoring a noncommercial educa­ 14 copies of all written comments, replies, (2) On any frequency removed more tional television network throughout the- pleadings, briefs, or other documents than 20 kc/s from the carrier: At least State of South Dakota. Since its incep­ shall be furnished the Commission. 60 db. tion, it has taken vigorous steps toward 8. Authority for the adoption of the both planning and establishing a State­ amendment proposed herein is contained Note: A definition of mean power output wide educational network. Its purpose in section 4 (i) and (j), 303, and 307(b) will be found in § 5.3(m) of this chapter. in seeking the assignment at Eagle Butte, of the Communications Act of 1934, as is to provide the maximum distribution amended. (e) The power input to the device of educational television network service measured at the battery or the power throughout the north-central portion of Adopted: April 12,1967. line terminals shall not exceed 100 milli­ South Dakota. In view of this purpose, Released: April 14,1967. watts under any condition of modulation. petitioner emphasizes that the relatively (f) The antenna shall be a single ele­ small population of Eagle Butte, accord­ F ederal Communications ment 5 feet or less in length, permanently ing to the U.S. Census of 1960 (495), and Commission, mounted on the box containing the de­ of its county, Dewey (5,257), is not and [seal] B en F. Waple, vice. should not be considered significant as Secretary. (g) The device shall be completely the station is not intended to be a pro­ [F.R. Doc. 67-4297; Filed, Apr. 18, 1967; self-contained with the antenna per­ gram production center. 8:49 a.m.]

FEDERAL REGISTER, VOL. 3 2 , N O . 75 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6148 Notices

Sec. 23, Sy2; 5. For a period of 60 days from the DEPARTMENT OF THE INTERIOR Sec. 24, W »/2 NWy4, Ei/2 NE^; date of publication of this notice in the Sec. 25, wy2; F ederal R egister, all persons who wish Bureau of Land Monogewenf Sec. 26, All; to submit comments, suggestions, or ob­ Sec. 27, Ny2, NE^SE%; jections in connection with the proposed [Serial No. N-1005] Sec. 28, NE14, SE14NW14, W%NWi4; Sec. 35, Ny2N%: classification may present their views in NEVADA Sec. 36, Ny2NWy4- writing to the Ely District Manager, Bu­ T. 17 N„ R. 63 E., . reau of Land Management, Ely, Nev. Notice of Proposed Classification of Sec. 1, sy2; 6. A public hearing on the proposed P u b lic Lan d s for Multiple Use Sec. 2, Lots 2, 3, 4, sy2NWy4. SW^NE^, classification will be held on May 4, 1967 N>4SWy4; at 7 p.m. in the Courtroom of the White Management sec. 3, Lots 1, 2, 3, 4, sy2Ny2, sy2; Pine County Courthouse, Ely, Nev. April 11, 1967. Sec. 10, Ny2, Ny2swy4, SE1/4SW14, SE14; 1. Pursuant to the Act of Septem­ sec. 11, sy2Nwy4, Nwy4swy4, sy2sy2, M artin W. Buz an, NE14SE14, SE14NE14; Acting State Director, Nevada. ber 19, 1964 (43 U.S.C. 1411-18) and to Sec. 12, Ni/2, Ni/2sy 2, S^SW ‘/4, SW%SE»4; the regulations in 43 CFR Parts 2410 and sec. 13, Ny2Nwy4. Nwy4NEy4, sy2Ny2, sy2; [F.R. Doc. 67-4244; Filed, Apr. 18, 1967; 2411, it is proposed to classify for multi­ Sec. 14, Ey2,E%wy2; 8:45 a.m.]. ple use management the public lands de­ Sec. 15, N1/2NW%, NW&NE^, SE^SE%; scribed in paragraph 3 below, together Sec. 16, NE14, wy^SEy4; [OR1499 (Wash.)] with any lands therein that may become Sec. 21, wy2, SEy4, NW%NEy4; public lands in the future. Sec. 22, wy^swy4. Ey2Ey2; WASHINGTON Sec. 23, All; 2. Publication of this notice has the Sec. 24, All; Notice of Proposed Withdrawal and effect of segregating the public lands de­ Sec. 25, NEy4NEy4, SEy4NEy4, excluding scribed in paragraph 3 from appropria­ 2.5 acres of Patent 1218746, SW^NWy^ Reservation of Land tion only under the agricultural land n e i4Sei/4, Nwy4Swy4NEy4SEi4, swy4 April 7,1967. laws (43 U.S.C. Chs. 7 and 9; 25 U.S.C. SEy4, NWy4SEy4 excluding 5 acres of Patent 1220864; The Bureau of Sport Fisheries and sec. 334). The lands shall remain open Wildlife, U.S. Department of the Inte­ to all other applicable forms of appro­ Sec. 26, Ny2; sec. 27,Ny2swy4; rior, has filed an application, Serial No. priation, including the mining and min­ Sec. 28, All; OR1499 (Wash.), for the withdrawal of eral leasing or material sale laws. As Sec. 33, All; the public lands described below, from all used herein, “public lands” means any sec. 34, wya; forms of appropriation under the public lands withdrawn or reserved by Execu­ sec. 36, SEy4SEy4. land laws, including the mining laws, but tive Order No. 6910 of November 26,1934, T. 17 N., R. 64 E., Sec. 4, Lots 1, 2, syjNE}4. S]4; not the mineral leasing laws. as amended, or within a grazing district The applicant desires to use the land established pursuant to the Act of Sec. 5, SEV4; Sec. 6, Lots 6, 7, NEy4SWy4r for the management of migratory birds June 28, 1934 (48 Stat. 1269), as Sec. 7, Lots 1, E%, Ey2SW%: and other wildlife as an extension of the amended, which are not otherwise with­ Sec. 8, NW14SW14, SE14SW14, Ey2; Willapa National Wildlife Refuge. drawn or reserved for a Federal use or Sec. 9, W%; ' For a period of 30 days from the date purpose. Sec. 16, wy2; of publication of this notice, all persons 3. The lands proposed to be classified Sec. 17, All; Sec. 18, Lots 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, who wish to submit comments, sugges­ are shown on Maps No. N-1005 on file in 14, 15,16, Ey2Nwy4Nwy4. Ey2wy2swy4, tions, or objections in connection with the Ely District Office, Bureau of Land Ey2wy2, Nwy4NEy4, SEy4NE%, n e ^4 the proposed withdrawal may present Management, Ely, Nev., and the Land NE14, excluding 5 acres of Patent their views in writing to the undersigned Office, Bureau of Land Management, 1227479, Wy2SEy4, SEy4SEV4, NE14SE14, officer of the Bureau of Land Manage­ Federal Building, Reno, Nev. excluding 5 acres of Patent 27-66-0122; ment, Department of the Interior, 729 The lands involved are generally de­ Sec. 19, Lots 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, is, Ey2wy2Nwy4. Ey2Nwy4. Northeast Oregon Street (Post Office Box scribed as follows: pi/a, sy2NEy4sw y4sw y4,Nwy4sEy4sw y4 2965), Portland, Oreg. 97208. All public land in White Pine County swy4, w y2 sw y4 se % sw % sw y4, sy2Ny2 The authorized officer of the Bureau of with the exception of those lands de­ NEy4swy4, sy2NEy4sEy4swi4, sEy4SEy4 Land Management will undertake such scribed in paragraph 4 below. swy4; investigations as are necessary to deter­ The areas described aggregate approxi­ Sec. 20, All; mine the existing and potential demand mately 4,334,000 acres of public land. Sec. 29, Wy2 ; for the lands and their resources. He 4. The following described public lands Sec. 30, Lots 3, 4, 5, 6, 7, 8, 10, 11, 17, ei/2, Ei/2sw y4, n e 14 n w y4 n w y4 > sy2sEy4 will also undertake negotiations with the are not included within this proposed swy4Nwy4, Ny2NEi4Nwy4, sy2sw y4 applicant agency with the view of adjust­ classification. These lands are in need SE%Nwy4, n y2 se 14 se 14 nw , sy2NEy4 ing the application to reduce the area to of further study to determine proper SEy4Nwy4; the minimum essential to meet the ap­ classification. _ Sec. 31, Lots 1, 2, 3, 4, Ey2wy2,E%; plicant’s needs, to provide for the maxi­ Sec. 32, wy2. Mount Diablo Meridian, Nevada mum concurrent utilization of the lands T. 18 N., R. 63 E„ for purposes other than the applicant’s, T. 16 N., R. 63 E., Sec. 12, NW14SW14, Sy2SW%; Sec. 1, Lots 5-20, Si/2NE%, Si/2SE%: sec. 13, wy2, sw y4NEi4 , wy2SEi4; to eliminate lands needed for purposes Sec. 3, Lot 4, SWy4NWy4 , NW&SW^; Sec. 24, W%, SW%NEy4; more essential than the applicant’s, and Sec. 9, NE14SE14, Wi/2SEi4, excluding app. Sec. 25, wy2, NW%NE14; to reach agreement on the concurrent 8 acres of MS 3903; Sec. 35, SE%; management of the lands and their re­ Sec. 12, Ey2; Sec. 36, NWy4, Nwy4swy4; sources. Sec. 13, Ei/2SEi4, SWy4NW‘/4, NW ^SW Vi; T. 18 N., R. 64 E„ He wifi also prepare a report for con­ Sec. 16, WVfeNW^, excluding app. 1 acre Sec. 7, NEy4SEy4; of ME Patents, NE^NW^, excluding ap­ Sec. 8, Ny2SWy4, SEi/4; sideration by the Secretary of the In­ proximately 4 acres of MS 3903, NW*/4 sec. 9, wy2swy4, SE14; terior who”will determine whether or not NE%, excluding approximately 1.5 acres Sec. 10, wy2swy4; the lands will be withdrawn as requested of MS 3903, SW%NE%, excluding 12.64 sec. 15, wy2Nwy4. Nwy4swy4: by the Bureau of Sport Fisheries and acres of MS 3458; sec. 33, Ey2Ey2, sw y4sEy4. Wildlife. Sec. 21, Old BLM Yard; Sec. 22, SW%SWy4. E%SW}4. W ^SE^, The lands described aggregate 21,800.!>2 The determination of the Secretary on NE»4SEy4; acres. the application will be published in the

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 NOTICES 6149

Federal R egister. A separate notice will Prank Norton, doing business as Norton’s included within the park on that date. This be sent to each interested party of Marina and John A. Dillie, doing business present letter supplements the earlier letter record. as Dillie Docks. by accepting exclusive jurisdiction over all lands added since that time and is intended If circumstances warrant it, a public The foregoing concessioners have per­ to cover all lands presently included within hearing will be held at a convenient time formed their obligations under prior per­ the boundaries of the park not affected by and place which will be announced. mits to the satisfaction of the National the earlier acceptance. The lands involved in the application Park Service and, therefore, pursuant Copies of the earlier acceptance and of are: to the act cited above are entitled to be the two aforesaid acts of Congress adding Willamette Meridian given preference in the renewal of per­ land to the park are enclosed for your T. 13 N., R. 11 W., mits and in the negotiations of new per­ reference. Sec. 4, lots 1 to 6, inclusive, and SW%SE% ; mits. However, under the act cited It is requested that you endorse the en­ closed duplicate original of this notice of Sec. 5, lot 1; above, the Service is also required to con­ acceptance, indicating the date and time of Sec. 8, lots 1 to 4, inclusive, E^NE1/*, and sider and evaluate all proposals received its receipt, and return it to this Department. SE&j as a result of this notice. Sec. 9, lots 1 to 11, inclusive, NW^NE^, There is enclosed for your convenience a and NE^4NW*4; Interested parties should contact the self-addressed envelope which requires no Sec. 10, lqf 1; Superintendent, Rocky Mountain Na­ postage. Sec. 16, lots 3 to 7, inclusive, and NW*4 tional Park and Shadow Mountain Na­ Sincerely yours, tional Recreation Area, Post Office Box swy4; Stewart L. Udall, Sec. 17, lots 1 to 6, inclusive, NE^, Nl/2 1080, Estes Park, Colo. 80517, for in­ Secretary of the Interior. SE14, and SWftSEfo. formation as to the requirements of the proposed permits. Enclosures 5 The area described aggregates 1,433.13 Received this 7th day of March 1967, at acres. Dated: March 21,1967. 11 am. Erling A. Olson, Ronald Reagan, F red J. N ovak, Chief, Lands Adjudication Section. Superintendent, Rocky Moun­ Governor of California. [F.R. Doc. 67-4245; Filed, Apr. 18, 1967; tain National Park and Shad­ Done at the City of Washington, D.C., 8:45 a.m.] ow Mountain National Recre-. this 12th day of April 1967. ation Area. G eorge B. Hartzog, Jr., National Park Service [F.R. Doc. 67-4248; Filed, Apr. 18, 1967; Director, National Park Service. 8:45'am .] [Order No. 1J [F.R. Doc. 67-4249; Filed, Apr. 18, 1967; 8:45 a.m.] ( ADMINISTRATIVE ASSISTANT, EAST KINGS CANYON NATIONAL PARK, NATIONAL CAPITAL PARKS, MD. CALIF. Delegation of Authority Regarding DEPARTMENT OF AGRICULTURE Execution of Contracts for Supplies, Jurisdiction Over Certain Lands Equipment or Services Added to Park Consumer and Marketing Service 1. Administrative Assistant. The Ad­ Notice is hereby given that effective [Marketing Agreement No. 146] as of the first day of March 1967, at 12 m., ministrative Assistant may execute and PEANUTS approve contracts not in excess of $2,500 P.s.t., the United States accepted ex­ for supplies, equipment, or services in clusive jurisdiction over those lands Budget of Expenses of Administra­ conformity with applicable regulations described in, and added to Kings Canyon National Park by the Act of Congress ap­ tive Committee and Rate of As­ and statutory authority and subject to sessment for 1967 Crop Year availability of appropriations. This au­ proved August 14, 1958 (72 Stat. 616), thority may be exercised by the Admin­ and by the Act of Congress approved Au­ Pursuant to Marketing Agreement No. istrative Assistant in behalf of any co­ gust 6,1965 (79 Stat. 446). 146, regulating the quality of domesti­ ordinated area. This acceptance of legislative jurisdic­ cally produced peanuts, and upon recom­ tion was subject to those reservations (National Park Service Order 34 (31 F.R. mendation of the Peanut Administrative 4255) as amended; 39 Stat. 535; 16 U.S.C., contained in the Act of the legislature of Committee established pursuant to such 1952, sec. 2. National Capital Region Order the State of California of April 7, 1943 agreement and other information, it is 3 (31F.R. 8500)) (sec. 119 of the Government Code of Cali­ hereby found and determined that the fornia). Such acceptance was effected Dated: March 28,1967. expenses of said Committee and the rate by notifying the Governor of the State of assessment applicable to peanuts pro­ Grover E. S teele, of California by a letter signed by Secre­ duced in 1967 and for the crop year Superintendent, tary of the Interior Stewart L. Udall and beginning July 1, 1967, shall be as East National Capital Parks. received by the Governor on March 7, follows: [F.R. Doc. 67-4247; Filed, Apr. JL8, 1967; 1967. This letter reads as follows: (a) Administrative expenses. The 8:45 a.m.] Hon. Ronald R eagan, / budget of expenses for the Committee for Governor of California, the crop year beginning July 1, 1967, Sacramento, Calif. 95814 shall be in the total amount of $225,000, ROCKY MOUNTAIN NATIONAL PARK Dear Governor R eagan: Notice is hereby such amount being reasonable and likely AND SHADOW MOUNTAIN NA­ given in accordance with the requirements of to be incurred for the maintenance and the act of October 9, 1940 (54 Stat. 1083; 40 TIONAL RECREATION AREA functioning of the Committee, and for U.S.C., sec. 255), that, effective as of the 1st such purposes as the Secretary may, pur­ day of March 1967, at 12 m., P.s.t., the United Notice of Intention To Issue States accepts exclusive jurisdiction over all suant to the provisions of the marketing Concession Permits those lands added to Kings Canyon National agreement, determine to be appropriate. Park by the act of August 14, 1958 (72 Stat. (b) Indemnification expenses. Ex­ Pursuant to the provisions of section 5, 616), and by the act of August 6, 1965 (79 penses of the Committee for indemnifica­ Public Law 89-249, public notice is here­ Stat. 446), subject to the reservations made tion payments, pursuant to the Terms by given that the Department of the in the Act of the Legislature of the State of and Conditions of Indemnification Ap­ Interior, through the Superintendent of California of April 7, 1943 (sec. 119 of the plicable to 1967 Crop Peanuts, effective Rocky Mountain National Park and Government Code of California), ceding such July 1, 1967, are estimated at, but may Shadow Mountain National Recreation jurisdiction to the United States. The said lands added to the park are described in the exceed, $1,350,000. Area, National Park Service, proposes, two foregoing acts of Congress. (c) Rates of assessment. Each han­ thirty (30) days after the publication of By letter dated AprU 21, 1945, to the then dler shall pay to the Peanut Administra­ this notice, to issue the following au­ Governor of the State of California, the then tive Committee, in accordance with thorizations for the period January 1, Secretary of the Interior, Mr. Harold L. Ickes, section 48 of the Agreement, an assess­ 1967, through December 31, 1971: R. accepted exclusive jurisdiction over all lands ment at the rate of $1.75 per net ton of

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6150 NOTICES farmers stock peanuts received or ac­ copies of the forms are available on re­ Pa. 16802. Article: Scanning Electron quired other than those described in quest to the Director, Bureau of the Microscope. Manufacturer: Japanese section 31 (c) and (d) ($0.25 for admin­ Census, Washington, D.C. 20233. Electron Optical Co., Japan. Intended istrative expenses and $1.50 for indem­ I have, therefore, directed that a sur­ use of article: Applicant states: nification expenses). vey be conducted for the purpose of col­ 1. Studies of growth features on crystals. (d) Indemnification reserve. Mone­lecting these data. 2. Studies of thin film textures and growth tary additions to the indemnification re­ Dated: April 5, 1967. phenomena. serve, established in the 1905 crop year 3. Examination of powders. pursuant to section 48 of the marketing A. Ross Eckler, 4. Study of relation of domain boundaries Director, to crystallity size in ferromagnetic materials. agreement, shall continue. That portion 5. Studies of nucléation in glasses and of the total assessment funds accrued Bureau of the Census. single crystals. from the $1.50 rate and not expended in [F.R. Doc. 67-4237; Filed, Apr. 18, 1967; 6. Studies of composite materials—espe­ providing indemnification on 1967 crop 8:45 a.m.] cially the examination of interfaces and reac­ peanuts shall be placed in such reserve tions of the phases. and shall be available to pay indemnifi­ 7. Examination of etch pits on single Business and Defense Services crystals. cation expenses on subsequent crops. 8. Examination of microminiature circuits The expenses and rate of assessment Administration (chips) for continuity of circuit. are, under the agreement, on a crop year CALIFORNIA INSTITUTE OF 9. Studies of fields in region of depletion basis and will automatically be appli­ zone in semiconductor devices. cable to all assessable peanuts from the TECHNOLOGY ET AL. 10. High resolution cathodoluminescence beginning of such crop year. The han­ Notice of Applications for Duty-Free phenomena. dlers of peanuts who will be affected 11. Studies on the structure of cleaved Entry of Scientific Articles semiconductor surfaces and associated deco­ hereby have signed the marketing agree­ ration phenomena. ment authorizing approval of expenses The following are notices of the re­ 12. Study of diffusion effects and potential that may be incurred and the imposition ceipt of applications for duty-free entry profiles at hetero j unctions. of assessments', they are represented on of scientific articles pursuant to section the Committee which has submitted the 6(c) of the Educational, Scientific and Application received by Commissioner recommendation with respect to such Cultural Materials Importation Act of of Customs: April 6,1967. expenses and assessment for approval; 1966 (Public Law 89-651; 80 Stat. 897). Docket No. 67-00024-33-46500. Ap­ handlers have had knowledge of the fore­ Interested persons may present their plicant: Veterans Administration Hos­ going in their recent industry-wide dis­ views with respect to the question of pital, 5901 East Seventh Street, Long cussions and will be afforded maximum whether an instrument or apparatus of Beach, Calif. 90804. Article: Micro­ time to plan their operations accordingly. equivalent scientific value for the pur­ tome—Thermal Advance Ultramicro­ poses for which the article is intended to tome, Model-SIDEA “Om U2.” Manu­ Dated: April 13, 1967. be used is being manufactured in the facturer: C. Reichert Optische Werke A. Paul A. N icholson, United States. Such comments must be G., Austria. Intended use of article: Deputy Director, filed in triplicate with the Director, Office Applicant states: “Prepare ultrathin Fruit and Vegetable Division. of Scientific and Technical Equipment, single and serial sections continuously variable from 0 to 10,000° by means of [F.R. Doc. 67-4261; Filed, Apr. 18, 1967; Business and Defense Services Admin­ 8:46 a.m.] istration, Washington, D.C. 20230, within thermal advance for electron and light 20 calendar days after date on which this microscopy." Application received by notice of application is published in the Commissioner of Customs: April 5, 1967. F ederal R egister. C h a r l e y M . D e n t o n , DEPARTMENT OF COMMERCE Regulations issued under cited Act, Director, Office of Scientific and published in the February 4, 1967, issue Technical Equipment, Busi­ Bureau of the Census of the F ederal R egister, prescribe the ness and Defense Services MULTIUNIT COMPANIES requirements applicable to comments. Administration. A copy of each application is on file, [F.R. Doc. 67-4236; Filed, Apr. 18, 1967; Number of Employees, Taxable and may be examined during ordinary 8:45 a.m.] Wages, Geographic Location and Commerce Department business hours at the Office of Scientific and Technical Kind of Business for Establishment; Equipment, Department of Commerce, Notice of Determination for Surveys Room 5123, Washington, D.C. In conformity with Title 13, U.S. Code A copy of each comment filed with the DEPARTMENT OF HEALTH, EDUCA­ 181, 224, and 225, and due notice of con­ Director of the Office of Scientific and sideration having been published on Technical Equipment must be mailed or TION, AND WELFARE March 3, 1967 (32 P.R. 3716), I have delivered to the applicant, or its au­ Food and Drug Administration determined that a First Quarter 1967 thorized agent, if any, to whose applica­ Survey of Selected Multiunit Companies tion the comment pertains; and the FMC CORP. is needed to collect information for the comment filed with the Director must 1967 County Business Patterns Report. certify that such copy has been mailed Notice of Filing of Petition The Survey is similar to those conducted or delivered to the applicant. Regarding Pesticides for previous County Business Patterns Docket No. 67-00026-15-91000. Ap­ Reports and is designed to collect infor­ plicant: California Institute of Tech­ Pursuant to the provisions of the Fed­ mation on number of employees, taxable nology, 1201 East California Boulevard, eral Food, Drug and Cosmetic Act (sec. wages, geographic location, and kind of Pasadena, Calif. 91109. Article: Biré­ \408(d) (1), 68 Stat. 512; 21 U.S.C. 346a business for establishments of selected fringent Filter for H-Alpha. Manufac­ (d) (1)), notice is given that a petition multiunit companies. Only those com­ turer: Bernhard Halle Nachfl., Optische (PP 7F0572) has been filed by FMC panies which do not report in sufficient Werkstätten, Germany. Intended use Corp., N iagara Chemical Division, detail to other Federal Agencies will be of article: Applicant states: “Photog­ Middleport, N.Y. 14105, proposing the required to report in this Survey. The raphy of the sun through a telescope * * * establishment of a tolerance qf 0.05 part data will have significant application to For H-Alpha Band Pass 0.5 [0.5A].” per million for residues of the fungicide the needs of the public and to govern­ Application received by Commissioner of l-chloro-2-nitropropane in or on the raw mental agencies and are not publicly Customs: April 6,1967: agricultural commodities, beets (garden), available from nongovernmental or gov­ Docket No. 67-00025-65-46040. Ap­ cotton seed, cucumbers, mêlons, onions, ernmental sources. plicant: Pennsylvania State University, and peas. Report forms will be furnished to firms Materials Research Laboratory, 1-112 The analytical method proposed in the included in the survey and additional Research Unit No. 1, University Park, petition for determining residues of the

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 NOTICES 6151 fungicide is an electron-capture gas In accordance with § 121.52 With­ Continental had an average load factor chromatographic technique. drawal of petitions without prejudice of of 80.5 percent eastbound and 73.8 per­ Dated: April 11, 1967. the procedural food additive regulations cent westbound. Trans-Texas estimates (21 CFR 121.52), W. R. Grace & Co., that by 1967, O&D traffic in the market J. K. K irk, Dewey & Almy Chemical Division, 62 will reach 123,789 passengers annually Associate Commissioner Whittemore Avenue, Cambridge, Mass. or 170 passengers a day in each direction for Compliance. 02140, has withdrawn its petition (FAP which will support nonstop services by [F.R. Doc. 67-4280; Piled, Apr. 18, 1967; 7B2119), notice of which was published both Continental and Trans-Texas. 8:48 a.m.] in the F ederal R egister of November 23, Trans-Texas proposes to improve the 1966 (31 F.R. 14852), proposing an service provided in the Dallas-Midland/ amendment to § 121.2550 Closures with Odessa market by offering an afternoon, SHELL CHEMICAL CO. sealing gaskets for food containers to nonstop flight westbound with DC-9 air­ Notice of Filing of Petition provide for use of polyoxyethylated (20 craft which will be timed to accommo­ moles) oleyl alcohol in the manufacture date connecting passengers in Dallas for Food Additives of closure-sealing gaskets for food con­ after Continental’s, midafternoon de­ Pursuant to the provisions of the Fed­ tainers when used at levels not to exceed parture.2 E astbound Trans-Texas eral Food, Drug, and Cosmetic Act (sec. 1 percent by weight of the gasket flights will be timed to arrive in Dallas 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 composition. for convenient connections with flights (b)(5)), notice is given that a petition Dated: April 11, 1967. departing Dallas between 1700 and 1800.s (FAP 7B2157) has been filed by Shell In addition to the DC—9 nonstop service, Chemical Co., a Division of Shell Oil Co., J. K. K irk, Trans-Texas proposes to reroute a flight 110 West 51st Street, New York, N.Y. Associate Commissioner that now operates between points in 10020, proposing the issuance of a regu­ for Compliance. southeastern New Mexico and Dallas lation to provide for the safe use of tet- [F.R. Doc. 67-4283; Filed, Apr. 18, 1967; through Midland-Odessa and beyond rahydrophthalic anhydride as a curing 8:48 a.m.] nonstop to Dallas. This flight, which agent for epoxy resins used as articles or now operates with CV-240 aircraft, will components of articles for repeated food- be operated with faster CV-600 aircraft contact use. thereby maintaining the present Dallas CIVIL AERONAUTICS BOARD arrival time to meet critical midday con­ Dated: April 11,1967. [Docket No. 17436] nections at Dallas. J. K. K irk, ALLEGHENY AIRLINES ROUTE 97 According to Trans-Texas, the non­ Associate Commissioner stop service which it proposes to offer in for Compliance. INVESTIGATION the Dallas-Midland/Odessa market will [F.R. Doc. 67-4281; Piled, Apr. 18, 1967; Notice of Postponement of accommodate 24,760 passengers without 8:48 ajn.] Prehearing Conference any appreciable diversion from Conti­ nental. Trans-Texas estimates that Because April 25, 1967, the date pres­ this volume of traffic will produce com­ STAUFFER CHEMICAL CO. ently scheduled for the prehearing con­ mercial revenues of $560,810 with oper­ ference in the above-entitled proceeding, Notice of Filing of Petition ating expenses of $408,084, for an is the first {lay of the Passover holiday, operating gain of $152,726. After com­ Regarding Pesticides the prehearing conference is hereby putation of return on investment and Pursuant to the provisions of the Fed­ postponed until April 27,1967, at 10 a.m., tax allowance, the net result is an esti­ eral Food, Drug, and Cosmetic Act (sec. e.s.t., in Room 1027, Universal Building, mated $56,000 reduction in subsidy need. 408(d)(1), 68 Stat. 512; 21 U.S.C. 346 1825 Connecticut Avenue NW., Washing­ ton, D,C. The cities and chambers of commerce a(d)(l)), notice is given that a petition of Dallas, Midland, and Odessa support (PP 7F0581) has been filed by Stauffer Dated at Washington, D.C., April 13, Trans-Texas’ application and Continen­ Chemical Co., Richmond, Calif. 94800, 1967. tal filed an answer in opposition. proposing the establishment of a toler­ [seal] M ilton H. S hapiro, In its answer, Continental states that ance of 0.1 part per million for residues Hearing Examiner. by November 1966 load factors in the of the herbicide Drug, and Cosmetic Act (sec. service to at least 1 intermediate point on ever, Trans-Texas still provides two 2-stop 409(b), 72 Stat. 1786 ; 21 U.S.C. 348(b)), flights operating between Dallas or Ft. Worth flights eastbound and two 1-stop flights west­ and.Midland-Odessa. Order E-23502, April 8, bound with CV-240 and CV-600 aircraft the following notice is issued : 1968. OAG, QRE, April 1967.

FEDERAL REGISTER, V O L 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6152 NOTICES subsidy basis, i.e., on a service mail rate to ice is required between Dallas and first year of operations, and that it be paid entirely by the Postmaster General, Midland-Odessa and that there is some should be able to realize a full return on and the holder shall not be entitled to any doubt that Trans-Texas would have its investment within a relatively short subsidy with respect to such operations; DC-9 time available to operate its pro­ time. We have analyzed Trans-Texas’ 2. All interested persons are directed posed turnaround service in the market.6 forecast carefully, and differ with the to show cause why the Board should not After full consideration of the issues carrier in the estimate of expenses that issue an order making final the tentative raised by Trans-Texas’ application and would be incurred. We believe that the findings and conclusions stated herein the responsive pleadings filed, the Board carrier understated aircraft operating and issue to Trans-Texas a certificate of tentatively finds and concludes that Con­ expenses by using a cost per block hour public convenience and necessity dition (4) (c) in Trans-Texas’ certificate which was $50 less than the industry ex­ amended in the manner set forth in for Route 82 should be amended so as perience, and that in addition Trans- ordering paragraph 1 above; to authorize nonstop service between Texas underestimated its servicing ex­ 3. Any interested persons having ob­ Dallas and Midland-Odessa on segment pense by approximately $54,000. While jection to issuance of an order making 9 subject to a condition which would we recognize that Continental has added final, the proposed findings, conclusions make all nonstop flights operated by service since the filing of Trans-Texas’ and certificate amendments set forth Trans-Texas between Dallas and Mid­ application, we consider Trans-Texas’ herein shall, within 20 days after service land-Odessa ineligible for subsidy.* In­ traffic and revenue forecast to be reason­ of a copy of this order, file with the Board terested persons will be given 20 days able and attainable.” and serve upon all persons made parties from the service date of this order to The action which the Board proposes to this proceeding a statement of objec­ show cause why the tentative findings to take is consistent with our policy to tions together with a summary of statis­ and conclusions reached herein should act affirmatively in situations which hold tical data and other evidence expected not be made final. promise for increased benefits to the to be relied upon to support the stated The Dallas-Midland/Odessa iharket is traveling public as well as for route objections; a relatively medium-haul market with a strengthening for subsidized local serv­ 4. If timely and properly supported ob­ 320-mile stage length which, in recent ice carriers. Since it appears that the jections are filed, full consideration will years, has had one of the highest growth proposed service will at least produce an be accorded the matters or issues raised rates experienced in domestic markets. operating gain for Trans-Texas, we will by the objections before further action From 1959 through 1965 the total local impose a condition in any amended cer­ is taken by the Board;11 and connecting passengers in the market tificate issued to Trans-Texas which will 5. In the event no objections are filed, increased from 41,610 to 86,120, or at an make all nonstop flights operated by all further procedural steps will-be average annual growth rate of 12.9 per­ Trans-Texas between Dallas and Mid­ deemed to have been waived, and the cent. And, in the period 1963-65, the land-Odessa ineligible for subsidy.10 case will be submitted to the Board for annual growth rate in the market was In granting interested persons the final action; 41.8 percent compared to the national opportunity to show cause why our ten­ 6. The motion of Midland-Odessa, average of 35.4 percent. For the third tative findings and conclusions should Tex., for leave to file a reply to Conti­ quarter, 1965, there were 238 local and not be adopted, we expect such persons nental’s answer is granted; and subject connecting passengers a day in both di­ to support their objections with detailed to a Condition (10) to the aforemen­ rections 7 and we tentatively find that answers specifically setting forth the tioned certificate to read as follows: tentative findings and conclusions to this market will generate at least 124^000 Condition (10) The holder’s authority to passengers annually or 340 passengers a which objection is taken. Such objec­ engage in the transportation of mail on all day in both directions.8 tions should be accompanied by argu­ nonstop flights operated between Dallas or We are of the tentative view that the ments of fact or law and supported by Fort Worth and Midland-Odessa, Tex., is traveling public in a market of this size legal precedent or detailed economic limited to the carriage of mail on a nonsub­ will benefit from competitive nonstop analysis. sidy basis, i.e., on a service mail rate to be Accordingly, it is ordered, That: paid entirely by the Postmaster General, and service, and that such service will con­ the holder shall not be entitled to any sub­ tribute to the further development of 1. A proceeding be and it hereby is in­ sidy with respect to such operations; the market, and the maintenance of the stituted in Docket 18042 pursuant to high rate of traffic growth. In addition, section 401(g) of the Federal Aviation 2. All interested persons are directed we believe that the diversion Continen­ Act of 1958, as amended, to determine to show cause why the Board should not tal would suffer would be offset by growth whether the public convenience and issue an order making final the tentative in the market, and in any event, would necessity require, and the Board should findings • and conclusions stated herein not be so significant as to outweigh the order the amendment of Condition (4) and issue to Trans-Texas a certificate of benefits to the public that would be (c) in the certificate of public conven­ public convenience and necess ity achieved by our proposed action. ience and necessity for Route 82 now held amended in the manner set forth in or­ We also tentatively find that Trans- by Trans-Texas so as to authorize non­ dering paragraph 1 above; Texas will be able to achieve an operat­ stop service between Dallas or Fort 3. Any interested persons having ob­ ing profit of approximately $67,000 in the Worth and Midland-Odessa, Tex., sub­ jection to issuance of an order making ject to a Condition (10) to the afore­ final the proposed findings, conclusions, 5 Trans-Texas filed a reply to Continental’s mentioned certificate to read as follows: and certificate amendments set forth answer and Midland-Odessa moved to file a Condition (10) The holder’s authority to herein shall, within 20 days after service reply. Midland-Odessa’s motion to file a engage in the transportation of mail on all of a copy of this order, file with the Board reply will be granted. Both replies contend, nonstop flights operated between Dallas or and serve upon all persons made parties in substance, that additional seat capacity Fort Worth and Midland-Odessa, Tex., is to this proceeding a statement of objec­ is required in the market and that this serv­ limited to the carriage of mail on a non- tions together with a summary of statis­ ice should be provided by Trans-Texas. «Although, in its application, Trans-Texas tical data and other evidence expected to did not seek a certificate amendment, the »Trans-Texas appears to have overstated be relied upon to support the stated Board has determined to take the action its nonpassenger revenue by some $6,300 due objections;. herein on its own initiative pursuant to the to the use of an incorrect ratio. Trans-Texas 4.,If timely and properly s u p p o r te d provisions of sec. 401(g) of the Federal Avi­ used a ratio of 9.36 percent, the correct ratio objections are filed, full consideration ation Act of 1958, as amended. for the year ended Sept. 30, 1966 is 8.12 per­ will be accorded the matters or issues 7 Continental’s participation in the market cent. during this period was 93.3 percent compared 10 Class Rate III-A was reopened as of to Trans-Texas’ participation of 6.7 percent. Jan. 1, 1967 (Order E-24562, Dec. 27, 1966), u All motions and/or petitions for recon­ 8 We have examined the T-5 schedules filed and as of this date Class Rate IV has not sideration shall be filed within the periods - been promulgated. Should the final order lowed for filing objections and no further by Trans-Texas and the intermediate points such motions, requests or petitions for re­ on segment 9 between Dallas and Midland- in the instant case issue subsequent to pro­ mulgation of Class Rate IV, any awards consideration of this order will be enter­ Odessa, Abilene, and Big Spring, appear to tained. Nor shall the filing of any sucn be receiving adequate service responsive to granted in accordance with the tentative findings made herein would, of course, be motions, requests or petitions for reconsia - their needs. Any additional service in the ation operate to stay the effectiveness intermediate markets might result in uneco­ subject to such ad hoc provisions as are nomic overscheduling of service. contained in the Class Rate IV order. paragraphs.

FEDERAL EGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 NOTICES 6153

raised by the objections before further [Docket Nos. 17234-17241; FCC 67M-608] P rocedure and Date action is taken by the Board; 11 CATV OF ROCKFORD, INC., ET AL. A. Issue 1 matters : 5. In the event no objections are filed, (1) Preliminary exchange of engineering all further procedural steps will be Statement and Order After Prehearing exhibits re Issue 1, May 15,1967. deemed to have been waived, and the case, Conference (2) Final exchange of engineering ex­ will be submitted to the Board for final hibits re Issue 1, May 22, 1967. action; In re petitions by CATV of Rockford, (3) Exchange of exhibits re waiver of 6. The motion of Midland-Odessa, Inc., Rockford, 111., Docket No. 17234, section 73.188(b), May 22, 1967. File Nos. CATV 100-23,100-39; Rockford (4) Exchange of any rebuttal engineering Tex., for leave to file a reply to Conti­ exhibits re Issue 1, June 5,1967. nental’s answer is granted; and Community Television, Inc., Loves Park, (5) Notification re cross-examination of 7. A copy of this order shall be served 111., Docket No. 17235, File No. CATV witnesses on engineering or waiver of ex­ on Trans-Texas Airways, Inc., Continen­ 100-68; TV Cable Company of Stephen­ hibits, June 13, 1967. tal Air Lines, Inc., the cities and cham­ son County, Freeport, 111., Docket No. B. Standard comparative Issue (No. 2) : bers of commerce of Dallas, Fort Worth, 17236, File No. CATV 100-105; Beloit (1) Exchange of exhibits re direct cases, Midland, and Odessa, Tex., who are made Community Television Services, Inc., June 22, 1967. parties to this proceeding. Beloit, Wis., Docket No. 17237, File No. (2) Notification re cross-examination of CATV 100-92; Television Wisconsin, witnesses, July 3, 1967. This order will be published in the Inc., Whitewater, Wis., Docket No. 17238, Federal R egister. It is further ordered, That the date File No. CATV 100-26; Whitewater Cable for commencement of hearing heretofore By the Civil Aeronautics Board. Corp., Whitewater, Wis., Docket No. scheduled for April 27 is continued to [seal] Harold R. S anderson, 17239, File No. CATV 100-37; Jefferson June 22, 1967, at 10 a.m., in the offices Secretary. Cable Corp., Jefferson, Wis., Docket No. of the Commission at Washington, D.C. 17240, File No. CATV 100-51; Total TV, (this phase of the hearing to be con­ [F.R. Doc. 67—4274; Filed. Apr. 18, 1967; Inc., Janesville, Wis., Docket No. 17241, cerned with Issue 1 matters only), and 8:47 a.m.] File No. CATV 100-13; for authority that further hearing under the standard pursuant to § 74.1107 to serve and oper­ comparative issue (Issue 2) will com­ ate CATV systems in the Milwaukee, mence on July 11, 1967 at 10 a.m. in Wis., Market (24), Madison, Wis., Mar­ Washington, D.C. FEDERAL COMMUNICATIONS ket (80), and Rockford, 111., Market (99). At today’s prehearing conference, Released: April 14,1967. COMMISSION among other things, the following sched­ F ederal Communications [Docket Nos. 15469, 15470; FCC 67M-613] ule was set up: Commission, Parties to exchange written portion of [seal] B en F. Waple, ADVANCED ELECTRONICS AND IN­ direct cases (at same time sponsoring Secretary. DUSTRIAL COMMUNICATIONS SYS­ witnesses shall be specified) by June 28, [F.R. Doc. 67-4300; Filed, Apr. 18, 1967; TEMS, INC. 1967. 8:49 ajn.] Receipt of notification of witnesses de­ Order Rescheduling Hearing sired for cross-examination by July 10, 1967. [Docket Nos. 17181-17183; FCC 67M-611] In re applications of R. L. Mohr, doing Hearing (rescheduled from April 24) business as Advanced Electronics, Docket July 17, 1967. So ordered, this 12th day UNITED TRANSMISSION, INC., ET AL. No. 15469, File No. 214-C2-P-63; for a of April 1967. construction permit in the domestic pub­ Order Regarding Procedural Dates lic land mobile radio service at Palos Released: April 13,1967. Verdes, Calif.; Industrial Communica­ In re United Transmission, Inc., Rus­ tions Systems, Inc., Docket No. 15470, Federal Communications sell, Kans., Docket No. 17181; Kays, Inc., File No. 1050-C2-P-63; for a construc­ Commission, Hays, Kans., Docket No. 17182; Cobb & [seal] B en F. Waple, Associates, Inc., Great Bend, Hoisington, tion permit for station KMD-990 in the Secretary. domestic public land mobile radio service and Larned, Kans., Docket No. 17183; at Los Angeles, Calif. [F.R. Doc. 67-4299; Filed, Apr. 18, 1967; requests for special relief filed pursuant Upon oral request by counsel for In­ 8:49 a.m.] to § 74.1109 of the Commission’s rules. dustrial Communications Systems, Inc., A prehearing conference having been held on April 13, 1967, whereat certain made this date and agreed to by the other [Docket Nos. 17256, 17257; FCC 67M-615] parties: It is ordered, This 11th day of agreements were reached and certain April 1967, that the further hearing in EAST ST. LOUIS BROADCASTING CO., rulings were made; the above matter now scheduled for April INC., AND METRO-EAST BROAD­ It is ordered, This 13th day of April 18, 1967 is rescheduled to commence at CASTING, INC. 1967, that: 10 a.m., April 19, 1967, in the Commis­ (1) The parties’ cases shall be pre­ sion's offices in Washington, D.C. Order Following Further Prehearing sented primarily in the form of sworn, Released: April 14,1967. Conference written exhibits, but may be supple­ In re applications of East St. Louis F ederal Communications mented by oral testimony; Commission, Broadcasting Co., Inc., East St. Louis, (2) Direct and rebuttal exhibits on Is­ HI., Docket No. 17256, Filed No. BP- [seal] B en F. W aple, sue No. 1 shall be exchanged on or before Secretary. 16579; Metro-East Broadpasting, Inc., East St. Louis, HI., Docket No. 17257, June 20, and August 11, 1967, respec­ [Fit. Doc. 67-4298; Filed, Apr. 18, 1967; File No. BP—16682; for construction tively; 8:49 a.m.] permits. (3) Direct and rebuttal exhibits on Is­ In accordance with the procedural “ All motions and/or petitions for recon­ sue No. 2 shall be exchanged on or be­ arrangements made at the prehearing fore July 28, and August 22, 1967, re­ sideration shall be filed within the period conference held this date: It is ordered, allowed for filing objections and no further This 11th day of April, 1967, that the spectively; such motions, requests or petitions for recon­ (4) Direct and rebuttal exhibits on Is­ sideration of this order will be entertained, future course of the proceeding under «or shall the filing of any such motions, the existing issues shall be governed by sue No. 3 shall be exchanged on or before requests or petitions for reconsideration oper­ adherence of ail parties to the following August 11, and September 1, 1967, re­ ate to stay the effectiveness of paragraph 3. schedule: spectively;

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 No. 75- 6154 NOTICES (5) On or before the date scheduled working agreements under which the for the exchange of exhibits directed to FEDERAL DEPOSIT INSURANCE parties may perform freight forwarding any issue, any party proposing to supple­ services for each other. Forwarding and ment its case on such issue by oral testi­ CORPORATION service fees are to be agreed upon on each mony shall exchange a list of its witnesses transaction. Ocean freight compensa­ and a brief statement as to the facts to be PEOPLES BANK, STARKVILLE, MISS. tion is to be divided as agreed between the parties. elicited from each witness; Notice of Application; Exemption (6) Any party wishing to call for Fillette, Green & Co. of Tampa, cross-examination the sponsor of any From Provisions of Securities Ex­ Tampa, Fla., and Atlantis Ship­ change Act of 1934 ping Co., Ltd., New York, N.Y-----FF-3295 other party’s direct or rebuttal exhibits Koeller-Struss Co., St. Louis, Mo., shall give notification thereof on or be­ Pursuant to authority granted the and Frank P. Dow Co., Inc., Seat­ fore August 30, and September 6, 1967, Corporation under sections 12(h) and tle, Wash. (Branches)_____!------FF-3297 respectively; and 12(i) of the Securities Exchange Act of Stanley Lindo & Co., Los Angeles, (7) Hearing shall commence on Sep­ 1934, as amended, notice is hereby given Calif., and Air-Sea Forwarding tember 6,1967, at 10 a.m., in the offices of to all interested parties that the Peoples Service, Inc., Miami, Fla---- !____FF-3298 the Commission at Washington, D.C. Bank, Starkville, Miss., has applied to Stanley Lindo & Co., Los Angeles, the Federal Deposit Insurance Corpora­ Calif., and Hugo Zanelli & Co., Released: April 13,1967/ Houston, Tex.______— FF-3299 tion for exemption from certain provi­ American Union Transport For­ F ederal Communications sions of that Act. The bank has asked warding, Inc., New York, N.Y., Commission, the Corporation to exempt it, its officers, and McLendon Forwarding Co., Houston, Tex______FF-3300 [seal] B en F. Waple, directors, and certain controlling per­ Secretary. sons from the requirements of sections John S. James, Savannah, Ga., and 12,13,14, and 16 of the Act. Fillette, Green & Co. of Tampa, [F.R. Doc. 67-4301; Filed, Apr. 18, 1967; Notice is hereby given that interested Tampa, Fla_— ------FF-3305 8:49 a.m.] Rohner, Gehrig & Co., Inc., New persons will have opportunity to present York, N.Y., and B. A. McKenzie their written views or comments on this & Co., Inc., Tacoma, Wash_____ FF-3306 application within 20 days following the Colonial Shipping Co., Inc., New [Docket Nos. 17117, 17118; FCC 67M-614] date of publication of this notice in York, N.Y., and Buckley & Co., the F ederal R egister. Communications New York, N.Y. (Branch)______FF-3307 WARD L. JONES AND MARS HILL should be addressed to the Secretary, Smith & Kelly Co., Savannah, Ga., BROADCASTING CO., INC. Federal Deposit Insurance Corporation, and Fred P. Gaskell Co., Inc., New 550 17th Street NW., Washington, D.C. York, N.Y. (Branches)______FF-3308 Memorandum of Ruling; Extension of Intra-Mar Shipping Corp., New 20429. York, N.Y., and Smith & Kelly Co., Procedural Dates Savannah, Ga______FF-3309 Dated this 12th day of April 1967. Intra-Mar Shipping Corp., New In re applications of Ward L. Jones, F ederal D eposit Insurance York, N.Y., and Southern Ship­ Syracuse, N.Y., Docket No. 17117, File Corporation, ping Co., Savannah, Ga______FF-3310 No. BPH-5314; Mars Hill Broadcasting [seal] E. F. D owney, Samuel Shapiro & Co., Inc., Balti­ Co., Inc., Syracuse, N.Y., Docket No. Secretary. more, Md., and E. A. Jasper, Inc., 17118, File No. BPH-5450; for construc­ New York, N.Y______FF-3311 tion permits. [F.R. Doc. 67-4240; Filed, Apr. 18, 1967; Agreement No. FF-3296 between Ex­ In order to formalize a ruling made in 8:45 a.m.] port Enterprises, Inc., Philadelphia, Pa., the further prehearing conference held and Saratoga Forwarding Co., Boston, this date, granting an oral request by Mass., is a cooperative working arrange­ counsel for Ward L. Jones, over the op­ ment whereunder ocean freight compen­ position of counsel for applicant Mars FEDERAL MARITIME COMMISSION sation is to be retained by the originating Hill, for extension of the heretofore forwarder. The basic fee for passing scheduled procedural dates as reflected FILLETTE, GREEN & COMPANY OF shipper’s export declaration will be: $5 below, in connection with the accom­ TAMPA ET AL. each. Other forwarding and service plishment by the requestor applicant of Notice of Agreements Filed for fees are subject to negotiation and agree­ a survey pertaining to the programing ment on each transaction depending question and the resulting preparation Approval upon the services rendered or to be per­ and exchange of exhibits; Notice is hereby given that the follow­ formed. It is ordered, This 13th day of April ing freight forwarder cooperative work­ Agreement No. FF-3301 between Lun- 1967, that the aforementioned oral re­ ing agreements have been filed with the ham & Reeve, Inc., New York, N.Y., and quest for extension of procedural dates Commission for approval pursuant to George S. Bush & Co., Seattle, Wash., is is granted, and such dates are extended section 15 of the Shipping Act, 1916, as a cooperative working arrangement as follows: amended (39 Stat. 733, 75 Stat. 763; 46 whereunder forwarding and service are (1) Exchange of written exhibits, from U.S.C. 814). as arranged. Special services remain April 14, to May 16, 1967; Interested parties may inspect and ob­ subject to negotiation and agreement on (2) Notifications re cross-examination tain a copy of the agreements at the each transaction. Ocean freight brok­ erage: Specially 50 percent to be received of witnesses, from April 28, to May 31, Washington office of the Federal Mari­ time Commission, 1321 H Street NW., by each of both parties signing this 1967; and Room 609. Comments with reference to agreement. (3) Commencement of the hearing, an agreement including a request for Agreement No. FF-3302 between F.N.S. from May 9, to June 13, 1967 at 10 a.m. hearing, if desired, may be submitted to Corp., New York, N.Y., and Smith & Kelly in the offices of the Commission at Wash­ the Secretary, Federal Maritime Com­ Co., Savannah, Ga., is a cooperative ington, D.C. mission, Washington, D.C. 20573, within working arrangement whereunder for­ 20 days after publication of this notice warding and service fees are subject to Released: April 14,1967. in the F ederal R egister. A copy of any negotiation and agreement on each such statement or request for a hearing transaction after giving consideration to F ederal Communications should also be forwarded to each of the extent and value of services to be per­ Commission, parties to the agreement (as indicated formed. Ocean freight brokerage be­ [seal] B en F, W aple, hereinafter), and the comments should tween the parties will be divided as fol­ Secretary. indicate that this has been done. lows: One-third of the ocean freight [F.R. Doc. 67-4302; Filed, Apr. 18, 1967; Unless otherwise indicated, these compensation will be retained by Smith 8:50 ajn.] agreements are nonexclusive, cooperative & Kelly Co. and two-thirds of the ocean

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 NOTICES 6155 freight compensation will be retained CHICAGO, DULUTH AND GEORGIAN the basic agreement (Washington, Ore­ by F.N.S. Corp. BAY TRANSIT CO. gon, Idaho, and Montana) under the Agreement No. FF-3303 between P.N.S. same terms and conditions. Security for Protection of Public; In­ Corp., New York, N.Y., and Southern Dated: April 14, 1967. Shipping Co., Savannah, Ga., is a coop­ demnification of Passengers for erative working arrangement where- Nonperformance of Transportation By order of the Federal Maritime Com­ under forwarding and service fees are mission. subject to negotiation and agreement on Notice is hereby given that pursuant T homas Lisi, each transaction after giving considera­ to the provisions of section 3, Public Law Secretary. 89-777 (80 Stat. 1357, 1358) and Federal tion to extent and value of services to be [F.R. Doc. 67-4287; Filed, Apr. 18, 1967; performed. Ocean freight brokerage be­ Maritime Commission General Order 20 8:48 a.m.] tween the parties will be divided as fol­ (46 CFR Part 540) that a Certificate of lows: One-third of the ocean freight Financial Responsibility for Indemnifi­ compensation will be retained by South­ cation of Passengers for Nonperformance ern Shipping Co., and two-thirds of the of Transportation has been issued to the ocean freight compensation will be re­ following: OFFICE OF EMERGENCY tained by the F.N.S. Corp. Chicago, Duluth and Georgian Bay Transit Agreement No. FF-3304 between (a) Co. (Georgian Bay Line). PLANNING T. R. Spedden, New Orleans, La., and (b) Certificate Number: P—1. IMPORTS OF ASPHALT AND ASPHALT Walsh Stevedoring Co., Inc., Pensacola, Effective Date: May 5,1967. PRODUCED FROM IMPORTED OILS Fla. (Branches), is a cooperative work­ Dated: April 14,1967. ing arrangement whereunder all for­ Notice of Investigation warding work accomplished by party (a) T homas Lis i, for party (b) will be on the basis of earn­ Secretary. Notice is hereby given that Farris Bry­ ant, Director of the Office of Emergency ing 100 percent of the fee. In turn, party [F.R. Doc. 67-4286; Filed, Apr. 18, 1967; (b) agrees to accomplish like services 8:48 am.] Planning, today announced the public for party (a) earning 100 percent of the phase of an investigation of the national fee. Ocean freight brokerage will be security implications of controls on im­ divided equally (50 percent-50 percent) UNITED STATES LINES, INC., AND ports of asphalt and asphalt produced between the parties. This division of AMERICAN MAIL LINE from imported crude and unfinished oils. ocean freight brokerage will be restricted This investigation follows a review which to those shipments on which one party Notice of Agreement Filed for. led to the conclusion that the national performs forwarding work for the other. Approval security would not be impaired by a liberalization of the controls on the im­ Dated: April 13,1967. Notice is hereby given that the follow­ portation of asphalt for use without fur­ ing agreement has been filed with the ther refining. T homas Lisi, Commission for approval pursuant to Secretary. Subsequent to the Director’s advice, section 15 of the Shipping Act, 1916, as the President amended Proclamation [F.E. Doc. 67-4284; Filed, Apr.' 18, 1967; amended (39 Stat. 733, 75 Stat. 763, 46 8:48 a.m.] 3279 to give the Secretary of the Interior U.S.C. 814). discretionary authority to place asphalt Interested parties may inspect and ob­ product imports into the United States tain a copy of the agreement at the and Puerto Rico under the general form AMERICAN EXPORT ISBRANDTSEN Washington office of the Federal Mari­ of control as now applies to the importa­ LINES, INC., ET AL. time Commission, 1321 H Street NW., tion of residual fuel oil into District I Room 609;- or may inspect agreements (the East Coast States). The proposed Security for Protection of Public; In­ at the offices of the District Managers, change will not allow licensed product demnification of Passengers for New York, N.Y., New Orleans, La., and imports other than asphalt to increase. Nonperformance of Transportation San Francisco, Calif. Comments with The public investigation is under sec­ reference to an agreement including a Notice is hereby given that pursuant tion 232 of the Trade Expansion Act of request for hearing, if desired, may be 1962 and section 6 (a) of the Presidential to the provisions of section 3, Public Law submitted to the Secretary, Federal 89-777 (80 Stat. 1357,1358) and Federal proclamation of March 10, 1959, which Maritime Commission, Washington, D.C. assigns to the Director the responsibility Maritime Commission General Order 20 20573, within 20 days after publication (46 CFR Part 540) the following persons for national security surveillance of im­ of this notice in the F ederal R egister. have applied to the Federal Maritime ports of petroleum and its primary Commission for a Certificate of Financial A copy of any such statement should also derivatives. Responsibiliy for Indemnification of be forwarded to the party filing the The Secretary of the Interior has Passengers for Nonperformance of agreement (as indicated hereinafter) asked that the investigation determine Transportation. the national security implication of re­ and the comments should indicate that laxing import restrictions on crude and American Export Isbrandtsen Lines, Inc. this has been done. unfinished oils to the extent used to pro­ Matson Navigation Co./The Oceanic Steam­ Notice of agreement filed for approval duce asphalt. Currently, all imports ship Co. (Matson Lines). by: for refinery processing are treated alike, The Chesapeake and Ohio Railway Co. Mr. K. F. Gautier, Vice President, United and the overall level of crude and unfin­ Aegean Cruises, S.A. and Unitours, Inc. States Lines, Inc., 1 Broadway, New York, ished oil imports would increase beyond (Aegean: Epirotiki Lines). N.Y. 10004. the amounts now authorized by the The Peninsular and Oriental Steam Naviga­ tion Co. proclamation if import allocations were Agreement 9371-1 modifies the Pas­ not required for asphalt production. Mitsui-O.S.K. Lines Ltd. senger Agency arrangement under Asphalt imports will be included in the The Peninsular & Occidental Steamship Co. Agreement 9371, to appoint American investigation, as will asphalt produced (P&O Steamship Co.). Mail Line as General Passenger Agent from imported crude and unfinished oils. Dated: April 14,1967. for United States Lines in the State of The investigation will cover the United Alaska, the Canadian Provinces of Brit­ States and Puerto Rico with the United Thomas Lisi, States divided into the geographic com­ Secretary. ish Columbia, Alberta and Saskatche­ ponents of the oil import control pro­ [FR. Doc. 67-4285; Filed, Apr. 18, 1967; wan, and in the Yukon Territory, in ad­ gram. Subareas and States will be con­ 8:48 am.] dition to the four states enumerated In sidered where significant.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6156 NOTICES Initial statements should be filed Tariff—Supplement 81 to Southern 49502, filed April 5, 1967. Carrier pro­ within 45 days of this announcement. Freight Association, agent, tariff ICC poses to operate as a common carrier, by S-517. motor vehicle, of general commodities, Rebuttal material will be accepted with certain exceptions, over a deviation through the following 30 days. All sub­ By the Commission. missions should be on letter-size paper route as follows: From junction Indiana and 25 copies of all material, new and [seal] H. N eil Garson, Highways 15 and 120 over Indiana High­ old, should be sent to the Director, Office Secretary. way 120 to junction Indiana Highway 13, of Emergency Planning, Washington, {F.R. Doc. 67-4265; Filed, Apr. 18, 1967; thence over Indiana Highway 13 to the 8:47 a.m.] Michigan-Indiana State line, thence over D.C. 20504. U.S. Highway 131 to junction U.S. High­ Except where confidential treatment way 12, and return over the same route, is requested, all submissions will be [Notice 442] for operating convenience only. The no­ available for inspection at the Office of tice indicates that the carrier is presently Emergency Planning Information Office, MOTOR CARRIER ALTERNATE ROUTE authorized to transport the same com­ Room 515, 17th and P Streets NW., DEVIATION NOTICES modities, over a pertinent service route Washington, D.C. April 14,1967. as follows: From Chicago, 111., over U.S. Dated: April 17, 1967. Highway 20 to junction Indiana Highway The following letter-notices of pro­ 15, thence over Indiana Highway 15 to F arris B ryant, posals to operate over deviation routes Director, the Indiana-Michigan State line, thence for operating convenience only have over Michigan Highway 103 (formerly Office of Emergency Planning. been filed with the Interstate Commerce U.S. Highway 131) to junction U.S. High­ [F.R. Doc. 67-4351; Filed, Apr. 18, 1967; Commission, under the Commission’s De­ way 12 (formerly U.S. Highway 131), 8:50 a.m.] viation Rules Revised, 1957 (49 CFR thence over U.S. Highway 12 to junction 211.1(c)(8)) and notice thereof to all U.S. Highway 131, thence over U.S. High­ interested persons is hereby given as pro­ way 131 to Kalamazoo, Mich., and return vided in such rules (49 CFR 211.1(d) over the same route. INTERSTATE COMMERCE (4)). No. MC 105458 (Deviation No. 1), Protests against the use of any pro­ DILLIE MOTOR FREIGHT, INC., 178 COMMISSION posed deviation route herein described West Wylie Avenue, Washington, Pa. may be filed with the Interstate Com­ 15301, filed March 31, 1967. Carrier’s FOURTH SECTION APPLICATIONS merce Commission in the manner and representative: John A. Vuono, 1515 Park FOR RELIEF form provided in such rules (49 CFR Building, Pittsburgh, Pa. 15222. Car­ 211.1 (e)) at any time, but will not oper­ April 14, 1967. rier proposes to operate as a common ate to stay commencement of the pro­ carrier, by motor vehicle, of general com­ Protests to the granting of an applica­ posed operations unless filed within 30 modities, with certain exceptions, over tion must be prepared in accordance with days from the date of publication. deviation routes as follows: (1) From Rule 1.40 of the general rules of practice Successively filed letter-notices of the Washington, Pa., over Interstate High­ (49 CPR 1.40) and filed within 15 days same carrier under the Commission’s from the date of publication of this way 70 to junction Pennsylvania High­ Deviation Rules Revised, 1957, will be way 88 at or near Speers, Pa., and (2) notice in the F ederal R egister. numbered consecutively for convenience from Washington, Pa., over Interstate Long- and-S hort Haul in identification and protests if any Highway 70 to junction Pennsylvania should refer to such letter-notices by Highway 906, thence over Pennsylvania FSA No. 40980—Substituted service— number. Rocky Mountain. Filed by Rocky Moun­ Highway 906 to Belle Vernon, Pa., and tain Motor Tariff Bureau, Inc., agent Motor Carriers of P roperty return over the same routes, for operat­ (No. 20), for interested carriers. Rates No. MC 44592 (Sub-No. 1) (Deviation ing convenience only. The notice indi­ on property loaded in trailers and trans­ No. 13), MIDDLE ATLANTIC TRANS­ cates that the carrier is presently author­ ported on railroad flat cars, between PORTATION CO., INC., 976 West Main ized to transport the same commodities, interchange points west of the Rocky Street, Post Office Box 1296, New Britain, over a pertinent service route as follows: Mountains, on the one hand, and inter­ Conn. 06050, filed April 5, 1967. Carrier From Washington, Pa., over Pennsyl­ change points east of the Rocky Moun­ proposes to operate as a common carrier, vania Highway 136 (formerly Penn­ tains, on the other. by motor vehicle, of general commodities, sylvania Highway 31) to junction Grounds for relief—Motor-truck com­ with certain exceptions, over a deviation Pennsylvania Highway 906, thence over petition. route as follows: From Albany, N.Y., over Pennsylvania Highway 906 to Belle Ver­ Tariff—5th revised page 9 to Rocky U.S. Highway 20 to junction U.S. High­ non, Pa. (also from junction Pennsyl­ Mountain Motor Tariff Bureau, Inc., way 7, at Pittsfield, Mass., thence over vania Highway 136 and Pennsylvania agent, tariff MF-ICC 162. U.S. Highway 7 to Great Barrington, Highway 88 over Pennsylvania Highway FSA No. 40981—Pig iron—Birming­ Mass., and return over the same route, 88 to Speers, Pa), and return over the ham, Ala., to Chicago, III. Filed by O. W. for operating convenience only. The same routes. South, Jr., agent (No. A5013), for inter­ notice indicates that the carrier is pres­ No. MC 105458 (Deviation No. 2), DEL- ested rail carriers. Rates on pig iron, in ently authorized to transport the same LIE MOTOR FREIGHT, INC., 178 West carloads, subject to minimum weight of commodities, over pertinent service Wylie Avenue, Washington, Pa. 15301, 1,344,000 pounds or more loaded in not routes as follows: (1) From Albany, N.Y., filed March 31, 1967. Carrier’s repre­ more than 10 cars, from Birmingham, over U.S. Highway 9 to junction New sentative: John A. Vuono, 1515 Park Ala., and points grouped therewith, to York Highway 203, thence over New York Building, Pittsburgh, Pa. 15222. Carrier Chicago, HI., and group points. Highway 203 to junction New York High­ proposes to operate as a common carrier, Grounds for relief—Rail-barge com­ way 22, thence over New York Highway by motor ^vehicle, of general commodi­ petition. 22 to junction New York Highway 71, ties, with certain exceptions, over devia­ Tariff—Supplement 70 to Southern thence over New York Highway tion routes as follows: (1) From Pitts­ Freight Association, agent, tariff ICC 71 to the New York-Massachusetts State burgh, Pa., over Interstate Highway 79 S—319. line, thence over Massachusetts Highway to junction Pennsylvania Highway 50, FSA No. 40982—Liquid caustic soda to 71 to junction Massachusetts Highway thence over Pennsylvania Highway 50 to Georgetown, S.C. Filed by O. W. South, 41, thence over Massachusetts Highway junction Interstate Highway 79, thence Jr., agent (No. A5015), for interested rail 41 to Great Barrington, Mass., and (2) over Interstate Highway 79 to Washing­ carriers. Rates on liquid caustic soda, in from Albany, N.Y., over U.S. Highway ton, Pa., (2) from Pittsburgh, Pa., over tank carloads, in multiple carload ship­ 20 to Pittsfield, Mass., and return over Interstate Highway 79 to junction Penn­ ments of not less than five tank carloads, the same routes. sylvania Highway 50, thence over Penn­ from Saltville, Va., to Georgetown, S.C. No. MC 69833 (Deviation No. 18), sylvania Highway 50 to junction Inter­ ASSOCIATED TRUCK LINES, INC., state Highway 79, thence over Interstate Grounds for relief—Market competi­ Highway 79 to junction unnumbered tion. Vandenberg Center, Grand Rapids, Mich.

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 NOTICES 6157 highway, thence over unnumbered high­ to Mansfield, Ohio, thence over U.S. 89, (3) from junction UH. Highway way to junction Pennsylvania Highway Highway 30-N to junction U.S. Highway 7 and access road at a point approxi­ 519, thence over Pennsylvania Highway 30 east of Delphos, Ohio, thence over mately 1 mile north of St. Albans, Vt., 519 to Canonsburg, Pa., and (3) from U.S. Highway 30 to junction Illinois over unnumbered access road to junc­ Canonsburg, Pa., over Pennsylvania Highway 1-A (formerly Illinois Highway tion Interstate Highway 89, and (4) Highway 519 to junction unnumbered 1), thence over Illinois Highway 1-A to from Swanton, Vt., over Vermont High­ highway, thence over unnumbered high­ junction U.S. Highway 6, thence over U.S. way 78 to junction Interstate Highway way to junction Interstate Highway 79, Highway 6 to junction Alternate U.S. 89, and also access and egress to and thence over Interstate Highway 79 to Highway 66, thence over Alternate U.S. from Interstate Highway 89 where it Washington, Pa., and return over the Highway 66 to junction U.S. Highway 66, junctions with applicant’s regular routes same routes, for operating convenience thence over U.S. Highway 66 to Spring- as follows: (a) Junction U.S. Highway only. The notice indicates that the car­ field, HI., thence over U.S. Highway 36 7 and Interstate Highway 89, just north rier is presently authorized to transport to junction U.S. Highway 54, thence over of Burlington, Vt., (b) junction UJS. the same commodities, over a pertinent U.S. Highway 54 to Kingdom City, Mo., Highway 2 and Interstate Highway 89 service route as follows: From Pitts­ thence over U.S. Highway 40 to Kansas (Chimney Corners, Vt.), approximately burgh, Pa., over Pennsylvania Highway City, Mo., and return over the same route. 8 miles north of Burlington, Vt., (c) 88 to junction unnumbered highway, junction U.S. Highway 7 and Interstate thence over unnumbered highway via Motor Carriers of P assengers Highway 89, approximately 2 miles south McMurray, Pa., to junction Pennsyl­ No. MC 1515 (Deviation No. 368), of Georgia, Vt., and (d) junction U.S. vania Highway 519, thence over Pennsyl­ GREYHOUND LINES, INC. (Western Highway 7 and Interstate Highway 89 vania Highway 519 to junction U.S. Division), Market & Fremont Streets, at the United States-Canada boundary Highway 19, thence over U.S. Highway San Francisco, Calif. 94106, filed April line, and return over the same routes, 19 to Washington, Pa., and return over 5, 1967. Applicant’s representative: for operating convenience only. The the same route. W. T. Meinhold, 371 Market Street, San notice indicated that the carrier is pres­ No. MC 105458 (Deviation No. 3), Francisco, Calif. 94105. Carrier pro­ ently authorized to transport passengers DILLIE MOTOR FREIGHT, INC., 178 poses to operate as a common carrier, and the same property, over pertinent West Wylie Avenue, Washington, Pa. by motor vehicle, of passengers and their service routes as follows: (1) From Burl­ 15301, filed March 31, 1967. Carrier’s baggage, and express and newspapers, in ington, Vt., over U.S. Highway 7 to St. representative: John A. Vuono, 1515 the same vehicle with passengers, over Albans, Vt., (2) from Rutland, Vt., over Park Building, Pittsburgh, Pa. 15222. a deviation route as follows: From Og­ U.S. Highway 7 via Burlington, Vt„ to Carrier proposes to operate as a common den, Utah, over Interstate Highway 15 the United States-Canada boundary carrier, by motor vehicle, of general com­ to junction U.S. Highway 91 (South line, and (3) from Burlington, Vt., over modities, with certain exceptions, over a Layton, Utah), and return over the same U.S. Highway 2 to Rouses Point, N.Y., deviation route as follows: From Union- route, for operating convenience only. thence over U.S. Highway 11 to Cham­ town, Pa., over U.S. Highway 40 to junc­ The notice indicates that the carrier is plain, N.Y., and return over the same tion Interstate Highway 79, thence over presently authorized to transport pas­ routes. Interstate Highway 79 to junction Inter­ sengers and the same property, over a No. MC 1515 (Deviation No. 370) state Highway 70, thence over Inter­ pertinent service route as follows: From (Cancels Deviation No. 172), GREY­ state Highway 70 to junction U.S. High­ the Wyoming-Utah State line over In­ HOUND LINES, INC. (Eastern Division), way 40, at or near the Pennsylvania- terstate Highway 80 to junction U.S. 1400 West Third Street, Cleveland, Ohio West Virginia State line, thence over Highway 30S (Castle Rock Junction), 44113, filed April 6, 1967. Carrier pro­ U.S. Highway 40 to Wheeling, W. Va., thence over U.S. Highway 30S to junc­ poses to operate as a common carrier, by and return over the same route, for tion Interstate Highway 80 (Emory In­ motor vehicle, of passengers and their operating convenience only. The notice terchange) , thence over Interstate High­ baggage, and express and newspapers in indicates that the carrier is presently way 80 to junction U.S. Highway 30S the same vehicle with passengers, over authorized to transport the same com­ (Echo Junction), thence over U.S. High­ a deviation route as follows: From Indi­ modities, over a pertinent service route way 3OS to junction Interstate High­ anapolis, Ind., over Interstate Highway as follows: between Uniontown, Pa., way 80N (Devil’s Slide Interchange), 65 to junction U.S. Highway 52, 0.8 mile and Wheeling, W. Va., over U.S. High­ thence over Interstate Highway 80N to west of Lebanon, Ind., and return over way 40. junction U.S. Highway 30S (Uintah the same route, for operating conven­ No. MC 106943 (Deviation No. 6 ), Junction), thence over U.S. Highway ience only. The notice indicates that EASTERN EXPRESS, INC., 1450 Wabash 30S to Ogden, Utah, thence over Utah the carrier is presently authorized to Avenue, Terre Haute, Ind. 47801, filed Highway 79 to junction Utah Highway transport passengers and tlie same prop­ April 6, 1967. Carrier’s representative: 38, thence over Utah Highway 38 to erty, over a pertinent service route as Peter M. Witham, same address as above. junction Utah Highway 84, thence over follows: From Cincinnati, Ohio, over Carrier proposes to operate as a common Utah Highway 84 to junction U.S. High­ U.S. Highway 52 to Brookville, Ind., carrier, by motor vehicle, Of general way 91 (Roy), thence over U.S. Highway thence over Indiana Highway 1 to Con- commodities, with certain exceptions, 91 to junction Interstate Highway 15 nersville, Ind., thence over Indiana High­ over a deviation route as follows: From (North Bountiful), thence over Inter­ way 44 to Rushville, Ind., thence over Bedford, Pa., over Interstate Highway state Highway 15 to Salt Lake City. U.S. Highway 52 via Lebanon, Ind., to 70 to junction Interstate Highway 70-S. (Connects with Wyoming Route 1), and Lafayette, Ind. (also from Lebanon over (Pittsburgh bypass), east of Pittsburgh, return over the same route. Indiana Highway 39 via Frankfort, Ind., Pa., thence over Interstate Highway 70-S No. MC 1515 (Deviation No. 369), to junction Indiana Highway 38, thence to junction Interstate Highway 70 west GREYHOUND LINES, INC. (Eastern over Indiana Highway 38 to junction of Pittsburgh, Pa., thence over Interstate Division), 1400 West Third Street, Cleve­ U.S. Highway 52 at a point approxi­ Highway 70 to junction Interstate High­ land, Ohio 44113, filed April 6, 1967. mately 5 miles southeast of Lafayette; way 270 (St. Louis bypass), thence over Carrier proposes to operate as a com­ also from junction U.S. Highway 52 at a Interstate Highway 270 to junction In­ mon carrier, by motor vehicle, of pas­ point approximately two miles east of terstate Highway 70, west of St. Louis, sengers and their baggage, and express Thorntown, Ind., over Indiana Highway Mo., thence over Interstate Highway 70 and newspapers in the same vehicle 47 to Thorntown, thence over unnum­ to Kansas City, Mo., and return over the with passengers, over deviation routes bered highway to junction U.S. Highway same route, for operating convenience as follows: (1) From Burlington, Vt., 52 at a point approximately 2 miles north only. The notice indicates that the ear­ over U.S. Highway 7 to junction Inter­ of Thorntown), thence over U!S. High­ ner is presently authorized to transport state Highway 89, north of Burlington, way 52 via Templeton, Ind., to Atkinson, the same commodities, over a pertinent Vt., thence over Interstate Highway 89 Ind. (also from Templeton over Indiana service route as follows: from the Bed- to the United States-Canada boundary Highway 352 to Oxford, Ind., thence over iord, Pa., Interchange over the Penn­ line, near Highgate Springs, Vt., (2) unnumbered highway to Atkinson), sylvania Turnpike to Irwin, Pa., thence from St. Albans, Vt., over Vermont High­ thence over U.S. Highway 52 to Kent- over U.S. Highway 30 via Pittsburgh, Pa., way 36 to junction Interstate Highway land, Ind., thence over U.S. Highway 41

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6158 NOTICES via Cook and Hammond, Ind., to Chi­ Highway 642 to junction Pennsylvania authority herein granted shall not be­ cago, HI., and return over the same route. Highway 54, thence over Pennsylvania come effective until 35 days following its No. MC 2866 (Deviation No. 7), ED­ Highway 54 to Danville, Pa., thence over republication in the F ederal R egister, WARDS MOTOR TRANSIT COMPANY, U.S. Highway 11 to junction Pennsyl­ that it also shall not become effective 56 East Third Street, Williamsport, Pa. vania Highway 93 east of Berwick, Pa., until and unless the authority granted in 17701, filed April 7, 1967. Carrier’s rep­ thence over Pennsylvania Highway 93 No. MC-F-9245 has been consummated. resentative: Robert H. Griswold, 100 Pine (formerly Pennsylvania Highway 29) to No. MC 52110 (Sub-No. 93) (repub- Street, Post Office Box 432, Harrisburg, Hazleton, Pa., and return over the same lication), filed February 23, 1966, pub­ Pa. 17108. Carrier proposes to operate routes. lished F ederal R egister issue of March 10, 1966, and republished this as a common carrier, by motor vericle, By the Commission. of passengers and their baggage, and ex­ issue. Applicant: BRADY MOTOR- press and newspapers in the same vehicle [seal] H. N eil Garson, FRATE, INC., 6th and University, Des with passengers, over a deviation route as Secretary. Moines, Iowa 50314. Applicant’s repre­ follows: Prom junction Inter-Highway [F.R . Doc. 67-4266, Filed, Apr. 18, 1967; sentative: David Axelrod, 39 S. La Salle 80 and Pennsylvania Highway 93, north 8:47 a.m.] Street, Chicago, 111. 60603. By applica­ of Sybertsville, Pa., over Interstate High­ tion filed February 23, 1966, applicant way 80 to junction U.S. Highway 46 east seeks a certificate of public convenience of Columbia, N.J., thence over U.S. High­ [Notice 1051] and necessity authorizing operation, in way 46 to junction New Jersey Highway MOTOR CARRIER APPLICATIONS AND interstate or foreign commerce, as a common carrier by motor vehicle, in the 69, thence over New Jersey Highway 69 to CERTAIN OTHER PROCEEDINGS junction U.S. Highway 22 east of Clinton; manner, and of the commodities, and N.J., and return over the same route, for April 14,1967. : from and to the points substantially as operating convenience only. The notice The following publications are gov­ indicated below, except that (1) appli­ indicates that the carrier is presently erned by Special Rule 1.247 of the Com­ cant did not request authority in part authorized to transport passengers and mission’s rules of practice, published in (2) (A) (3) of the application, to trans­ the same property, over pertinent service the F ederal R egister issue of April 20* port general commodities (with excep­ routes as follows: 1966, which became effective May 20, tions) between East Alton, Hi;, and the (1) Prom New York, N.Y., over U.S. 1966. terminal site of Spector Freight System, Highway 1 to Newark, N.J., thence over The publications thereinafter set forth Inc.; and (2) applicant also sought au­ U.S. Highway 22 to Easton, Pa., thence reflect the scope of the applications as thority (a), in part (2) (A) (3) of the ap­ over Pennsylvania Highway 248 (for­ filed by applicant, and may include de­ plication, to transport general commodi­ merly Pennsylvania Highway 45) to scriptions, restrictions, or limitations ties (with exceptions) between the ter­ junction U.S. Highway 209 (formerly which are not in a form acceptable to minal site of Spector Freight System, Pennsylvania Highway-29), thence over the Commission. Authority which ulti­ Inc., on the one hand, and, on the other, U.S. Highway 209 via Mauch Chunk mately may be granted as a result of points in Iowa, Moline, East Moline, and (Jim Thorpe) to Tamaqua, Pa., thence the applications here noticed will not Rock Island, HI., Omaha, Lincoln, and over U.S. Highway 309 (formerly Penn­ necessarily reflect the phraseology set South Sioux City, Nebr., Canton, Yank­ sylvania Highway 29) to Hometown, Pa., forth in the application as filed, but ton, Mitchell, and Sioux Falls, S. Dak., thence over Pennsylvania Highway 45 also will eliminate any restrictions and Albert Lea, Rochester, and Chemo- via Shenandoah, Pa., to Ashland, Pa., which are not acceptable to the Com­ lite Siding, Minn., and (b) in part (2) (C) thence over U.S. Highway 122 to Sun- mission. of the application, to transport frozen bury, Pa., thence over Pennsylvania foods from Darien, Wis., to the terminal Highway 14 via Northumberland, Pa., to Applications Assigned for Oral H earing site of Spector Freight System, Inc. An Order of the Commission, Oper­ junction Pennsylvania Highway 405 MOTOR CARRIERS OF PROPERTY north of Milton, Pa;, thence over Penn­ ating Rights Board No. 1, dated March 31, sylvania Highway 405 via Montgomery, No. MC 49387 (Sub-No. 27) (Repub­ 1967, and served April 7,1967, finds that Pa., to Muncy, Pa., thence over U.S, lication) , filed October 28, 1965, pub­ the present and future public conven­ Highway 220 via Williamsport, Mill Hall, lished F ederal R egister issue of Novem­ ience and necessity require operation by and Milesburg, Pa., to Port-Matilda, Pa., ber 10, 1965, and republished this issue. applicant, in interstate or foreign com­ thence over U.S. Highway 322 to junction Applicant: ORSCHELN BROS. TRUCK merce, as a common carrier by motor U.S. Highway 219, thence over U.S. LINES, INC., Highway 24 East, Moberly, vehicle, (1) over regular routes, of gen­ Highway 219 to Du Bois, Pa., thence over Mo. Applicant’s representative: G. M. eral commodities (except those of un­ Pennsylvania Highway 950 to junction Rebman, 1230 Boatmen’s Bank Building, usual value, classes A and B explosives, U.S. Highway 322, thence over U.S. St. Louis, Mo. A report of the Commis­ household goods as defined by the Com­ Highway 322 to junction Pennsylvania sion, division 3, decided March 28, 1967, mission, commodities in bulk, and those Highway 257, thence over Pennsylvania and served April 5,1967, finds, in No. MC requiring special equipment), serving the Highway 257 to Oil City, Pa., thence 49387 (Sub-No. 27) as a matter directly terminal site of Spector Freight System, over U.S. Highway 62 to Youngstown, related to the transaction authorized in Inc., on Minnesota Highway 49 in Eagan Ohio, also from junction U.S. Highway No. MC-F-9245, that the present and Township, Dakota County, Minn., ap­ 209 and Pennsylvania Highway 93 (for­ future public convenience and necessity proximately one-half mile south of junc­ merly Pennsylvania Highway 29 and U.S. require operation by applicant, in inter­ tion Minnesota Highways 49 and 55, as Highway 309), west of Mauch Chunk state or foreign commerce, as a common an off-route point in connection with ap­ (Jim Thorpe), Pa., over Pennsylvania carrier by motor vehicle over regular plicant’s presently authorized "regular Highway 93 to Hazleton, Pa., thence over routes, of general commodities (except route operations, and (2 ) over irregular Pennsylvania Highway 924 to Shenan­ those of unusual value, classes A and B routes, of (A) general commodities (ex­ doah, Pa.; also from Tamaqua, Pa., over explosives, livestock, household goods as cept those of unusual value, classes A U.S. Highway 209 to Pottsville, Pa., defined by the Commission, and com­ and B explosives, household goods as de­ thence over U.S. Highway 122 to Ash­ modities in bulk, requiring special equip­ fined by the Commission, commodities land, Pa.; also from Montgomery over ment, or injurious or contaminating to in bulk, and those requiring special unnumbered highway to junction U.S. other lading), between Kansas City, equipment), (1) between Bloomington, Highway 15, thence over U.S. Highway Kans., and Jefferson City, Mo., over U.S. DeKalb, O’Fallon, Peoria, and Waukegan. 15 to Williamsport, Pa., thence Over U.S. Highway 50, serving Kansas City, Mo., HI.; points in Iowa; Kansas City, Highway 220 via Lock Haven to Hill Hall, intermediate points between Pittsville Wichita, and Topeka, Kans.; Albert Lea, thence over Pennsylvania Highway 64 and Sedalia, Mo., and the off-route point Chemolite Siding, Minneapolis, and of Whiteman Air Force Base; that appli­ Rochester, Minn.; St. Joseph, Mo.; points via Hublersburg to Zion, Pa., thence cant is fit, willing, and able properly to over Pennsylvania Highway 550 to Belle- in the St. Louis, Mo.-East St/Louis, HI« perform such service and to conform to commercial zone; South Sioux City and.' fonte, Pa., thence over Pennsylvania the requirements of the Interstate Com­ Highway 53 to Milesburg, Pa., and (2) merce Act and the Commission’s rules Lincoln, Nebr.; and Canton, Mitchell. from Milton, Pa., over Pennsylvania and regulations thereunder. That the Sioux Falls, and Yankton, S. Dak., on the FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 NOTICES 6159 one hand, and, on the other, the ter­ ARMORED CARRIER CORPORATION, ARMORED CARRIER CORPORATION, minal site of Spector Freight System, 222-17 Northern Boulevard, Bayside, 222-17 Northern Boulevard, Bayside, Inc., on Minnesota Highway 49 in Eagan Long Island, N.Y. (Reentitled), AMER­ Long Island, N.Y. (Reentitled), AMERI­ Township, Dakota County, Minn., ap­ ICAN COURIER CORPORATION, 222- CAN COURIER CORPORATION, 222-17 proximately one-half mile south of the 17 Northern Boulevard, Bayside, Long Northern Boulevard, Bayside, Long junction of Minnesota Highways 49 and Island, N.Y. Applicant’s representative: Island, N.Y. Applicant’s representative: s&n Russell S. Bernhard, 1625 K Street NW., Russell S. Bernhard, 1625 K Street NW., (2) Between Crawfordsville, Evans­ Washington, D.C. 20006. By application Washington, D.C. 20006. By application ville, Fort Wayne, Indianapolis, Lafay­ filed November 1, 1961, applicant seeks filed April 26, 1962, applicant seeks au­ ette, and Richmond, Ind.; and Cincin­ authority as a contract carrier by motor thority as a contract carrier by motor nati, Columbus, Dayton, Mansfield, and vehicle over irregular routes, of used vehicle, over irregular routes, of the com­ Massillon, Ohio, on the one hand, and, punchcards and business papers and rec­ modities from, to, and between the points on the other, the terminal site of Spector ords, used or useful in the preparation indicated below. An Order of the Com­ Freight System, Inc., on Minnesota of such punchcards and other business mission, Division 1, acting as an Appel­ Highway 49 in Eagan Township, Dakota papers and records involving informa­ late Division, dated March 6, 1967, and County, Minn., approximately one-half tion obtained from the punchcards or served April 7, 1967, finds that the pres­ mile south of junction Minnesota High­ pertaining to the use thereof (excluding ent and future «public convenience and ways 49 and 55; (3) between East Alton, plant removals and supplies), under con­ necessity require operation by applicant, 111., on the one hand, and, on the other, tinuing contracts with the Service Bu­ in interstate or foreign commerce, as a the terminal site of Spector Freight Sys­ reau Corp., and customers of the Service - common carrier by motor vehicle, over tem, Inc., on Minnesota Highway 49 in Bureau Corp., between Boston, Mass., irregular routes, of (1) exposed film and Eagan Township, Dakota County, Minn., on the one hand, and, on the other, points prints, (a) from points in Northumber­ approximately one-half mile south of in Maine, New Hampshire, and Rhode land and Schuylkill Counties, Pa., and junction Minnesota Highways 49 and 55, Island. On Order of the Commission, Berkeley and Jefferson Counties, W. Va., (4) between Portage, Ind., on the one Division 1, acting as an Appellate Divi­ to Washington, D.C., (b) from points in hand, and, on the other, the terminal sion, dated March 6, 1967, and served Marathon, Portage, and Wood Courities, site of Spector Freight System, Inc., on April 7, 1967, finds that the present and Wis., to Chicago, 111., (c) from points in Minnesota Highway 49 in Eagan Town­ future public convenience and necessity Berkshire and Franklin Counties, Mass., ship, Dakota County, Minn., approxi­ require operation by applicant, in inter­ to Boston, Mass., and (d) from points in mately one-half mile south of junction state or foreign commerce, as a common Boyd (except Ashland), Campbell, and Minnesota Highways 49 and 55, and (5) carrier by motor vehicle, over irregular Kenton Counties, Ky., to Findlay, Ohio, from the plantsite of Container Corpo­ routes, of used punchcards and business (2) processed film and prints, compli­ ration of America at Carol Stream, 111., papers and records used in the prepara­ mentary replacement film, incidental to the terminal site of Spector Freight tion of such punchcards, and other busi­ dealer handling supplies and advertising System, Inc., on Minnesota Highway 49 ness papers and records involving in­ literature moving therewith (excluding in Eagan Township, Dakota County, formation obtained from the punchcards motion picture film used primarily for Minn., approximately one-half mile or pertaining to the use thereof (except commercial theater and television exhi­ south of junction Minnesota Highways cash letters), between Boston, Mass., on bition), (a) from Washington, D.C., to 49 and 55; the one hand, and, on the other, points points in Northumberland and Schuyl­ (B) Meats, meat products, and meat in Maine (except those in Aroostook kill Counties, Pa., and Berkeley and Jeff­ byproducts (except commodities in County), New Hampshire, arid Rhode Is­ erson Counties, W. Va., (b) from Chi­ bulk), and articles distributed by meat land; that applicant is fit, willing, and cago, HI., to points in Marathon, Portage, packinghouses (except commodities in able properly to perform such service and and Wood Counties, Wis., (c) from Bos­ bulk), as described in sections A and C of to conform to the requirements of the ton, Mass., to points in Berkshire and appendix I to the report in Descriptions Interstate Commerce Act and the Com­ Franklin Counties, Mass., and (d) from in Motor Carrier Certificates, 61 M.C.C. mission’s rules and regulations there­ Findlay, Ohio, to points in Boyd (except 209 and 766, from West Point, Nebr., to under. Ashland), Campbell, and Kenton Coun­ the terminal site of Spector Freight Sys­ That the holding by applicant of the ties, Ky. tem, Inc., on Minnesota Highway 49 in certificate authorized to be issued in this (3) Punchcards and business papers Eagan Township, Dakota County, Minn., proceeding and of the permits issued and records used in the preparation of approximately one-half mile south of or authorized to be issued in Nos. MC such punchcards, and reports and junction Minnesota Highways 49 and 55; 112750, MC 123486, and MC 123304 and other business papers and records con­ that applicant is fit, willing, and able subs thereunder, following the issuance taining information obtained from properly to perform such service and to of the certificates authorized to be issued punchcards or pertaining to the use conform to the requirements of the In­ in Nos. MC 111729 (Sub-Nos. 169, 170, thereof (except cash letters), between terstate Commerce Act and the Commis­ and 171), MC 126745 (Sub-No. 19), MC Cincinnati, Ohio, on the one hand, and, sion’s rules and regulations thereunder. 127431 (Sub-No. 8) , will be consistent on the other, points in Anderson, Bath, Because it is possible that other parties, with the public interest and the national Boone, Bourbon, Boyd, Bracken, Camp­ who have relied upon the notice of the transportation policy. Because it is pos­ bell, Carroll, Carter, Clark, Fayette, application as published, may have an sible that other parties, who have relied Fleming, Franklin, Gallatin, Garrard, interest in and would be prejudiced by upon the notice of the application as Grant, Greenup, Harrison, Jefferson, the lack of proper notice of the authority published may have an interest in and Jessamine, Kenton, Lincoln, Madison, described in the findings in this order, a would be prejudiced by the lack of proper Mason, Montgomery, Nicholas, Owen, notice of the authority actually granted notice of the authority described in the Pendleton, Robertson, Rowan, Scott, and will be published in the F ederal R egister findings in this order, a notice of the Woodford Counties, Ky., and points in and issuance of a certificate iq this pro­ authority actually granted will be pub­ Kanawha and Cabell Counties, W. Va., ceeding will be withheld for a period of lished in the F ederal R egister and issu­ and (4) charge sales tickets, cash sales 30 days from the date of such publica­ ance of a certificate in this proceeding tickets, charge credit sales tickets, re­ tion, during which period any proper will be withheld for a period of 30 days fund slips, cash register tapes, applica­ Party in interest may file an appropriate from the date of such publication, during tion forms, and accompanying docu­ Petition for leave to intervene in the pro­ which period any proper party in inter­ ments (except cash letters) between ceeding setting forth in detail the precise est may file an appropriate petition for Cincinnati, Ohio, on the one hand, and, manner in which it has been so prej­ leave to intervene in this proceeding on the other, points in Anderson, Bath, udiced. setting forth in detail the precise manner Boone, Bracken, Carroll, Carter, Fayette, No. MC 112750 (Sub-No. 76) (Repub- in which it has been so prejudiced. Fleming, Gallatin, Garrard, Grant, ucation), filed November 1, 1961, pub­ No. MC 112750 (Sub-No. 100) (Repub­ Greenup, Harrison, Jessamine, Lincoln, lished Federal R egister issues of Novem- lication), filed April 26, 1962, published Nicholas, Owen, Pendleton, Robertson, Pcr 15, 1961, and December 6, 1961, and F ederal R egister issue of May 9, 1962, Rowan, and Woodford Counties, Ky., republished, this issue. Applicant: and republished this issue. Applicant: points in Clark County, Ind., and points

FEDERAL Rl GISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6160 NOTICES in Mingo and Wood Counties, W. Va.: (d) Between points in Allegheny commerce, as a common carrier by motor that applicant is fit, willing, and able County, Pa., on the one hand, and, on vehicle, over irregular routes, of payroll properly to perform such service and to the other, points in Harrison and Ohio checks, advertising signs, business pa­ conform to the requirements of the Counties, W. Va.; and (e) between points pers, business records, and audit and ac­ Interstate Commerce Act and the Com­ in Hamilton County, Ohio, on the one counting media (except cash letters), (a) mission’s rules and regulations there­ hand, and, on the other, points in Boyd, between Boston, Mass., on the one hand, under. That the holding by applicant Fayette, and Jefferson Counties, Ky.; and, on the other, New' York, N.Y. of the certificate authorized to be issued that applicant is fit, willing, and able (b) Between Boston, Mass., and New in this proceeding and of the permits properly to perform such service and York, N.Y., on the one hand, and, on the issued or authorized to be issued in Nos. to conform to the requirements of the other, Branford, East Hartford, and New MC 112750, MC 123486, and MC 123304 Interstate Commerce Act and the Com­ Britain, Conn., and Manchester and and subs thereunder, following the is­ mission’s rules and regulations thereun­ Nashua, N.H., and (c) between Brockton, suance of the certificates authorized to be der. That the holding by applicant of the Mass., on the one hand, and, on the other, issued in Nos. MC 111729 (Sub-Nos. 169, certificate authorized to be issued in this East Hartford, Conn., East Providence 170, and 171), MC 126745 (Sub-No. 19), proceeding and of the permits issued or and Johnston, R.I., and Bangor, Water­ MC 127431 (Sub-No. 8), will be consist­ authorized to be issued in Nos. MC ville, Lewiston, and Scarborough, Maine; ent with the public interest and the na­ 112750, MC 123486, and MC 123304 and that applicant is fit, willing, and able tional transportation policy. Because subs thereunder, following the issuance properly to perform such service and to it is possible that other parties, who have of the certificates authorized to be issued conform to the requirements of the In­ relied upon the notice of the applica­ in Nos. MC 111729 (Sub-Nos. 169, 170, terstate Commerce Act and the; Com­ tion as published, may have an interest in and 171), MC 126745 (Sub-No. 19), MC mission’s rules and regulations there­ and would be prejudiced by the lack 127431 (Sub-No. 8), will be consistent under; and that subsequent to or of proper notice of the authority de­ with the public interest and the national concurrently with issuance of certificates scribed in the findings in this order, a transportation policy. Because it is pos­ to applicant in Nos. MC 111729 (Sub-Nos. notice of the authority actually granted sible that other parties, who have relied 169, 170, and 171), MC 126745 (Sub-No. will be published in the F ederal R egister upon the notice of the application as pub­ 19), and MC 127431 (Sub-No. 8), an ap­ and issuance of a certificate in this pro­ lished may have an interest in and would propriate certificate should be issued. ceeding will be withheld for a period of be prejudiced by the lack of proper no­ That the holding by applicant of the 30 days from the date of such publica­ tice of the authority described in the certificate authorized to be issued in this tion, during which period any proper findings in this order, a notice of the proceeding and of the permits issued or party in interest may file an appropriate authority actually granted will be pub­ authorized to be issued in Nos. MC 112750 petition for leave to intervene in this lished in the F ederal R egister and issu­ and subs thereunder, MC 123304 and subs proceeding setting forth in detail the ance of a certificate in this proceeding thereunder and MC, 123486 and subs precise manner in which it has been so will be withheld for a period of 30 days thereunder, will be consistent with the prejudiced. from the date of such publication, during public interest and the national trans­ No. MC 112750 (Sub-No. 106) (Re­ which period any proper party in interest portation policy?“" Because it is possible publication) . filed July 3, 1962, published may file an appropriate petition for leave that other parties, who have relied upon F ederal R egister issue of August 8, 1962, to intervene in this proceeding setting the notice of the application as published, and republished this issue. Applicant: forth in detail the precise manner in may have an interest in and would be ARMORED CARRIER CORPORATION, which it has been so prejudiced. prejudiced by the lack of proper notice 222-17 Northern Boulevard, Bayside, No. MC 111729 (Sub-No. 174) (Repub­ of the authority described in the findings Long Island, N.Y., (Reentitled), AMERI­ lication), filed July 17, 1964, published in this order, a notice of the authority CAN COURIER CORPORATION, 222- F ederal R egister issues of August 5, actually granted will be published in the 17 Northern Boulevard, Bayside, Long 1964 and November 10, 1966, and repub­ F ederal R egister and issuance of a cer­ Island, N.Y. Applicant’s representative: lished this issue. Applicant: ARMORED tificate in this proceeding will be with­ Russell S. Bernhard, 1625 K Street NW., CARRIER CORPORATION, 222-17 held for a period of 30 days from the date Washington, D.C. 20006. By application Northern Boulevard, Bayside, N.Y. (Re­ of such publication, during which time filed July 3, 1962, applicant seeks au­ entitled), AMERICAN COURIER COR­ any proper party in interest may file an thority as a contract carrier by motor PORATION, 222-17 Northern Boulevard, "appropriate petition for leave to inter­ vehicle, over irregular routes, of the com­ Bayside, N.Y. Applicant’s representa­ vene in this proceeding setting forth in modities between the points indicated be­ tive: Russell S. Bernhard, 1625 K Street detail the precise manner in which it has low. An Order of the Commission, Divi­ NW., Washington, D.C. By application been so prejudiced. sion 1, acting as an Appellate Division, filed July 17, 1964, applicant seeks a cer­ No. MC 114364 (Sub-No. 130) (Repub- dated March 6, 1967, and served April 7, tificate of public convenience and ne­ lication), filed November 29, 1966, pub­ 1967, finds that the present and future cessity authorizing operation, in inter­ lished F ederal Register issue of Decem­ public convenience-and necessity require state or foreign commerce, as a common ber 15, 1966, and republished this issue. operation by applicant, in interstate or carrier by motor vehicle, over irregular Applicant: WRIGHT MOTOR LINES, foreign commerce, as a common carrier routes, of payroll checks, advertising INC., Post Office Box 1191, Cushing, by motor vehicle, over irregular routes, ’signs, business papers, records, and audit Okla. 74023. Applicant’s representative: of ophthalmic goods and commercial pa­ and accounting media of all kinds (ex­ Alvin J. Meiklejohn, Jr., 420 Denver Club pers (except cash letters), (a) between cept plant removals), (a) between Bos­ Building, Denver, Colo. 80202. By appli­ points in Worcester County, Mass., on ton, Mass., on the one hand, and, on the cation filed November 29,1966, applicant the one hand, and, on the-other, points other, New York, N.Y., (b) between seeks a certificate of public convenience in Fairfield, Hartford, New Haven, and Boston, Mass., and New York, N.Y., on and necessity authorizing operation, in New London Counties, Conn.; Andros­ the one hand, and, on the other, Bran­ interstate or foreign commerce, as a coggin, Cumberland, Kennebec, and ford, East Hartford, and New Britain, common carrier by motor vehicle, over Penobscot Counties, Maine; Grafton Conn., and Manchester and Nashua, irregular routes, of grape juice, in bulk, County, N.H.; Union County, N.J.; Al­ N.H., and (c) between Brockton, Mass., in sealed tanks, from Grandview, Wash., bany, Erie, Kings, Nassau, N.Y., Oneida, on the one hand, and, on the other, East to Oklahoma City, Okla. An order of Onondaga, and Westchester Counties, Hartford, Conn., East Providence and the Commission, Operating Rights Board N.Y.; Philadelphia County, Pa.; Provi­ Johnston, R.I., and Bangor, Waterville, No. 1, dated March 31, 1967, and served dence County, R.I.; Baltimore, Md., and Lewiston, and Scarborough, Maine. An April 7, 1967, as amended, finds that Washington, D.C.; (b) between points in Order of the Commission, Operating the present and future public conven­ Philadelphia County, Pa., on the one Rights Board No. 1, dated March 31,1967, ience and necessity require operation by hand, and, on the other, points in New and served April 12, 1967, as amended, applicant, in interstate or foreign com­ Castle County, Del.; (c) between Wash­ finds that the present and future public merce, as a common carrier by motor ington, D.C., on the one hand, and, on convenience and necessity require opera­ vehicle, over irregular routes, of grape the other, Baltimore, Md.; t i o n by applicant, in interstate or foreign juice, in bulk, from Grandview, Wash.,

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 NOTICES 6161 to Oklahoma City, Okla.; that applicant publication, during which period any on the international boundary line be­ is fit, willing, and able properly to per­ proper party in interest may file an ap­ tween the United States and Canada form such service and to conform to the propriate petition for leave to intervene located at Detroit and Port Huron, Mich., requirements of the Interstate Commerce in this proceeding setting forth in de­ restricted to traffic originating at Fort Act and the Commission’s rules and reg­ tail the precise manner in which it has Dodge and Manhattan, and return of re­ ulations thereunder. Because it is pos­ been so prejudiced. jected, refused, and defective agricultural sible that other parties, who have relied No. MC 128329 (Sub-No. 1) (Republica­ machinery, agricultural implements and upon the notice of the application as tion) , filed October 12, 1966, published parts thereof, from the ports of entry published, may have an interest in and F ederal R egister issue of November 3, named above, to Fort Dodge, Iowa, Man­ would be prejudiced by the lack of proper 1966, and republished this issue. Appli­ hattan, Kans., and Coldwater, Ohio, un­ notice of the authority described in the cant: SINGERMAN BUS CORP., 3 Rail­ der a continuing contract with the New findings in this order, a notice of the road Place, Maspeth, N.Y. 11378. Ap­ Idea Farm Equipment Co., Coldwater, authority actually granted will be pub­ plicant’s representative: Charles H. Ohio, and (2) farm machinery, from lished in the F ederal R egister and issu­ Trayford, 220 East 42d Street, New York, Hicksville, Ohio, to ports of entry on the ance of a certificate in this proceeding N.Y. 10017. By application filed October international boundary line between the will be withheld for a period of 30 days 12, 1966, applicant seeks a permit au­ United States and Canada located at from the date of such publication, during thorizing operations, in interstate or for­ Detroit and Port Huron, Mich., and re­ which period any proper party in interest eign commerce, as a contract carrier by turn of rejected, refused, and defective may file an appropriate petition for leave .motor vehicle, over irregular routes, of farm machinery, from ports of entry to intervene in this proceeding setting passengers, for the account of Fedders named above, to Hicksville, Ohio, under forth in detail the precise manner in Corp. employees, between the plantsite a continuing contract with the National which it has been so prejudiced. of Fedders Corp., Maspeth, N.Y. and the Ideal Co., Hicksville, Ohio. No. MC 127829 (Republication), filed plantsite of Fedders Corp., Edison, N.J. An order of the Commission, Oper­ December 27, 1965, published F ederal An order of the Commission Operating ating Rights Board No. 1, dated March 31, Register issue of January 20, 1966, and Rights Board No. 1, dated March 20, 1967, and served April 12, 1967, as republished this issue. Applicant: ASH-" 1967, and served April 11, 1967, as amended, finds that applicant has failed LAND XPRESS, INC., 320 West O Street, amended, finds that the service applicant to establish that the service proposed, Lincoln, Nebr. By order entered Janu­ proposes is in the nature of common and required by shippers, is that of a ary 31, 1967, applicant was granted au­ carriage rather than contract car­ contract carrier; and that instead, the thority to operate as a common carrier riage, therefore, the present and future evidence clearly indicates that the serv­ by motor vehicle, over irregular routes, public convenience and necessity require ice proposed and required is common of waste and scrap materials between the operation by applicant, in interstate or carriage; therefore the present and fu­ facilities of Andreson Scrap and Junk foreign commerce, as a common carrier, ture public convenience and necessity Yard, in Saunders County, Nebr., on the by motor vehicle, over irregular routes, require operation by applicant in foreign one hand, and, on the other, points in of passengers, in special operations, be­ commerce only, as a common carrier by Illinois (except points in the commercial tween points in Kings and Queens Coun­ motor vehicle, over irregular routes, of zones of Chicago, Sterling, Rock Falls, ties, N.Y., on the one hand, and, on the (1) agricultural machinery, agricultural and Davenport-Rock Island and Mo­ other, Edison, N.J., restricted to the implements, and parts thereof, from Fort line) , Indiana (except points in the Chi­ transportation of passengers who are Dodge, Iowa, and Manhattan, Kans., to cago, 111., commercial zone), Kansas, picked up or discharged at the plantsite those ports of entry on the international Missouri, and South Dakota. That by of the Fedders Corp., at Edison, N.J.; that boundary line between the United States petition filed March 9, 1967, applicant applicant is fit, willing, and able prop­ and Canada located at Detroit and Port seeks reconsideration and reopening of erly to perform such service and to con­ Huron, Mich., restricted to the trans­ the proceeding. A supplemental order form to the requirements of the Inter­ portation of traffic originating at Fort of the Commission, Operating Rights state Commerce Act and the Commis­ Dodge and Manhattan, and (2) farm Board No. 1, dated March 31, 1967, and sion’s rules and regulations thereunder. machinery, from Hicksville, Ohio, to served April 7, 1967, as amended, finds Because it is possible that other parties, those ports of entry on the international that the present and future public con­ who have relied upon the notice of the boundary line between the United States venience and necessity require operation application as published, may have an and Canada located at Detroit and Port by applicant, in interstate or foreign interest in and would be prejudiced by Huron; that applicant is fit, willing, and commerce, as a common carrier by mo­ the lack of proper notice of the author­ able properly to perform such service and tor vehicle, over irregular routes, of ity described in the findings in this order, to conform to the requirements of the waste and scrap materials, and new a notice of the authority actually granted Interstate Commerce Act and the Com­ metal articles, betweeft the facilities of will be published in the F ederal R egister mission’s rules and regulations there­ Andresen Scrap and Junk Yard, in and issuance of a certificate in this pro­ under. Because it is possible that other Saunders County, Nebr., on the one ceeding will be withheld for a period of parties, who have relied upon the notice hand, and, on the other, points in Illi­ 30 days from the date of such publica­ of the application as published, may have nois (except points in the commercial tion, during which period any proper an interest in and would be prejudiced zones of Chicago, Sterling, Rock Falls, party in interest may file an appropriate by the lack of proper notice of the au­ and Davenport-Rock Island and Mo­ petition for leave to intervene in this thority described in the findings of this line) , Indiana (except points in the Chi­ proceeding setting forth in detail the order, a notice of the authority actually cago, 111., commercial zone), Kansas, precise manner in which it has been so granted will be published in the F ederal Missouri, Nebraska, and South Dakota; prejudiced. R egister and issuance of a certificate in that applicant is fit, willing, and able No. MC 128477 (Republication), filed this proceeding will be withheld for a properly to perform such service and to July 21, 1966, published F ederal R egis­ period of 30 days from the date of such conform to the requirements of the In­ ter issue of August 25, 1966, and repub­ publication, during which period any terstate Commerce Act and the Commis­ lished this issue. Applicant: FRED­ proper party in interest may file an ap­ sion’s rules and regulations thereunder. ERICK TRANSPORT LIMITED, Merlin, propriate petition for leave to intervene Because it is possible that other parties, Ontario, Canada. Applicant’s represent­ in this proceeding setting forth in detail who have relied upon the notice of the ative: S. Harrison Kahn, Suite 733, In­ the precise manner in which it has been application as published, may have an vestment Building, Washington, D.C. so prejudiced. interest in and would be prejudiced by 20005. By application filed July 21,1966, he lack of proper notice of the authority applicant seeks a permit authorizing Applications Under S ections 5 and 210a(b) described in the findings in this order, operations, in foreign commerce, as a a notice of the authority actually contract carrier by motor vehicle, over The following applications are gov­ granted will be published in the F ederal irregular routes, of (1) agricultural erned by the Interstate Commerce Com­ Register and issuance of a certificate in machinery, agricultural implements and mission’s special rules governing notice this proceeding will be withheld for a of filing of applications by motor car­ parts thereof, from Fort Dodge, Iowa, and riers of property or passengers under Period of 30 days from the date of such Manhattan, Kans., to the ports of entry sections 5(a) and 210a(b) of the Inter- FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 No. 75-----6 6162 NOTICES state Commerce Act and certain other No. MC-F-9726. Authority sought for [Notice 1053] proceedings with respect thereto. (49 purchase by KING VAN LINES, INC., MOTOR CARRIER APPLICATIONS AND CFR 1.240) 6800 East Kellogg, Wichita, Kans. CERTAIN OTHER PROCEEDINGS 67201, of the operating rights of THE MOTOR CARRIERS OF PROPERTY ANDREWS MOVING AND STORAGE April 14, 1967. No. MC—P-9724. Authority sought CO., 6802 Lexington Avenue, Cleveland, The following publications are gov­ for control by PAUL W. WILLS, INC., Ohio 44103, and for acquisition by erned by Special Rule 1.247 of the Com­ 2535 Center Street, Whiskey Island, ESTATE OF W. C. KING, c/o Dale Kid- mission’s rules of practice, published in Cleveland, Ohio, of BULK CARRIERS, well, 206 Central Building, Wichita, the F ederal R egister issue of April 20, INC., 725 Ford Building, Detroit, Mich., Kans., and B. J. KELSO, 10 Willowdell, 1966, which became effective May 20, and for acquisition by PAUL W. WILLS, Mulvane, Kans., of control of such rights 1966. also of Cleveland, Ohio, of control of through the purchase. Applicants’ at­ The publications hereinafter set forth BULK CARRIERS, INC., through the torneys and Representative’ George, reflect the scope of the applications as acquisition by PAUL W. WILLS, INC. Greek, King and McMahon, 100 East filed by applicant, and may include de­ Applicants’ attorney : Paul P. Beery, 100 Broad Street, Columbus, Ohio 43215, scriptions, restrictions, or limitations East Broad Street, Columbus, Ohio 43215. Bowes and Millner, 1060 Broad Street, which are not in a form acceptable to the Operating rights sought to be Controlled: Newark, N.J. 07102, Dale Kidwell, 206 Commission. Authority which ulti­ Ferro alloys, in bulk, in dump vehicles, as Central Building, Wichita, Kans. Op­ mately may be granted as a result of the a common carrier, over irregular routes, erating rights sought to be transferred: applications here noticed will not neces­ from Ashtabula, Ohio, and from the site Household goods, as a common carrier sarily reflect the phraseology set forth of the plant of the Electric-Metallurgical over irregular routes between points in in the application as filed, but also will Co. (division of the Union Carbide & Alabama, Connecticut, Delaware, Illi­ eliminate any restrictions which are not Carbon Corp.) near Marietta, Ohio, to nois, Indiana, Kentucky, Maryland, acceptable to the Commission. points in Indiana, Illinois, Kentucky, Massachusetts, Michigan, Minnesota, Maryland, Michigan, Missouri, New Missouri, New Hampshire, New Jersey, Applications Assigned for Oral York, Pennsylvania, and West Virginia. New York, North Carolina, Ohio, Penn­ H earing PAUL W. WILLS, INC. is authorized to sylvania, Rhode Island, Vermont^ Vir­ motor carriers of property operate as a common carrier in Ohio, ginia, West Virginia, Tennessee, Wiscon­ Michigan, Indiana, Pennsylvania, New sin, and the District of Columbia. The applications immediately follow­ York, Kentucky, Maryland, Virginia, Vendee is authorized to operate as a com­ ing are assigned for hearing at the time West Virginia, and the District of Co­ mon carrier in Pennsylvania, New Jer­ and place designated in the notice of fil­ lumbia. Application has been filed for sey, Maryland, Delaware, Michigan, Ken­ ing as here published in each proceeding. temporary authority under section tucky, Connecticut, Rhode Island, Ohio, All of the proceedings are subject to the 210a(b). Vermont, New Hampshire, Massachu­ Special Rules of Procedure for Hearing No. MC-F-9725. Authority sought for setts, Virginia, West Virginia, Illinois, outlined below: purchase by COOGAN-LAKESHORE Indiana, Missouri, Nebraska, North Special rules of procedure for hearing. MOVING & STORAGE, INC., 417 Temple Dakota, Oklahoma, Minnesota, Wiscon­ (1) All of the testimony to be adduced Street, Dunkirk, N.Y., of a portion of the sin, Kansas, Iowa, Colorado, Arizona, by applicant’s company witnesses shall operating rights of LAKE SHORE DE­ New Mexico, Texas, Arkansas, Califor­ be in the form of written statements LIVERY, INC., 219 Brigham Road, Dun­ nia, Washington, Oregon, Idaho, Mon­ which shall be submitted at the hearing kirk, N.Y., and for acquisition by JOHN tana, Utah, Wyoming, Louisiana, Ala­ at the time and place indicated. W. COOGAN, SR., and JOHN W. bama, Tennessee, Florida, Georgia, North (2) All of the written statements by COOGAN, JR., both of 219 Brigham Carolina, South Carolina, and the Dis­ applicant’s company witnesses shall be Road, Dunkirk, N.Y., of control of such trict of Columbia; and as a broker in all offered in evidence at the hearing in the rights through the purchase. Appli­ points in the United States (except same manner as any other type of evi­ cants’ attorney: Kenneth T. Johnson, Alaska and Hawaii). Application has dence. The witnesses submitting the Bank of Jamestown Building, James­ not been filed for temporary authority written statements shall be made avail­ town, N.Y. 14701. O perating rights under section 210a(b). able at the hearing for cross-examina­ sought to be transferred: Household No. MC-F-9727. Authority sought for tion, if such becomes necessary. goods, as a common carrier, over reg­ purchase by LIQUID TRANSPORTERS, (3) The written statements by appli­ ular routes, between Union City, Pa., INC., Post Office Box 5135, Cherokee Sta­ cant’s company witnesses, if received in and Jamestown, N.Y., serving all in­ tion, Louisville, Ky. 40205, of the operat­ evidence, will be accepted as exhibits. termediate points, and certain off- ing rights of ABBOT CONSTRUCTION To the extent the written statements route points in New York, and Chan­ COMPANY, 3809 Virginia Street SE., refer to attached documents such as cop­ dlers Valley, Pa., between Union City, Charleston, W. Va. 25304, and for ac­ ies of operating authority, etc., they Pa., and Stow, N.Y., between Elgin, quisition by CHARLES E. CRANMER, should be referred to in written state­ Pa., and Findlay Lake, N.Y., between also of Louisville, Ky., of control of such ment as numbered appendices thereto. Corry, Pa., and Pittsfield, Pa., serving rights through the purchase. Appli­ (4) The admissibility of the evidence all intermediate points, between Lotts- cants’ attorneys: Leonard A. Jaskie- contained in the written statements and ville, Pa., and Chautauqua, N.Y., serving wicz and J. William Cain, Jr., both of the appendices thereto, will be at the all intermediate points, and the off-route 600 Madison Building, 1155 Fifteenth time of offer, subject to the same rules points of Niobe, N.Y., and Bear Lake, Street NW., Washington, D.C. 20005. as if the evidence were produced in the Pa., between North Clymer, N.Y„ and Operating rights sought to be trans­ usual manner. Sherman, N.Y., serving all intermediate ferred: Bituminous materials used in the (5) Supplemental testimony by a wit­ points; household goods, over irregular construction, improvement, and mainte­ ness to correct errors or to supply inad­ routes, between certain specified points nance of highways, as a common carrier, vertent omissions in his written state­ in New York, on the one hand, and, on over irregular routes, between points in ment is permissible. the other, points in Ohio and Pennsyl­ West Virginia, Virginia, Maryland, and It is further ordered, That (a) appli­ vania; and between points in that part Kentucky. Vendee is authorized to oper­ cant shall make available at the hearing of Chautauqua County, N.Y., north of ate as a common carrier in all points in competent witnesses for examination on New York Highway 17, on the one hand, the United States (except Hawaii and all matters or relevant facts recited in and, on the other, points in Ohio, Penn­ Alaska). Application has been filed for ttie application, (b) testimony adduced sylvania, and New Jersey. Application temporary authority under section 210a by applicant’s company witnesses shall has not been filed for temporary author­ be subject to the following Special Rules (b). of Procedure for Hearing: (1) All of the ity under section 210a(b). N ote: See By the Commission. also MC-F-9720 (HALL’S MOTOR testimony to be adduced by applicants TRANSIT CO.—Control and Merger— [seal] H. N eil Garson, company witnesses shall be in the fonn LAKE SHORE DELIVERY, INC.), pub­ Secretary. of written statements which shall be lished in the April 12, 1967, issue of the [F.R. Doc. 67-4267; Filed, Apr. 18, 1967; submitted at the hearing at the time ana F ederal R egister, on' page 5870. 8:47 a.m.] place indicated. (2) All of the written FEDERAL REGISTER, VOL. 32, NOi 75— WEDNESDAY, APRIL 19, 1967 NOTICES 6163 statements by applicant’s company wit­ Louisiana, Mississippi, Missouri, Ne­ State Docket No. C-48, Case No. 6, nesses shall be offered in evidence at the braska, North Dakota, Oklahoma, South filed February 8, 1967. Applicant: HUB hearing in the same manner as any other Dakota, Tennessee, Texas, and Wiscon­ CARTAGE CO., 1141 Springwells, De­ type of evidence. The witnesses submit­ sin. Note: Applicant intends to tack troit, Mich. 48209. Applicant’s repre­ ting the written statements shall be made the proposed authority with presently sentative: Robert A. Sullivan, 1800 Buhl available at the hearing for cross-exam­ held authority serving points in Illinois, Building, Detroit, Mich. 48226. Certifi­ ination, if such becomes necessary. (3) Indiana, Colorado, New Mexico, Arizona, cate of public convenience and necessity The written statements by applicant’s Utah, Nevada, and California. sought to operate a freight service as company witnesses, if received in evi­ HEARING: May 8,1967, in Room 2119, follows: Transportation of General com­ dence, will be accepted as exhibits. To U.S. Courthouse and Federal Office Build­ modities serving the site of the R. C. the extent the written statements refer ing, 219 South Dearborn Street, Chicago, Schmidt Industrial Park on 23-Mile to attached documents such as copies of 111., before Examiner Jair S. Kaplan. Road between U.S. 25 and Fairchild operating authority, etc., they should be This assignment is for applicant’s com­ Road, Macomb County, Mich., as an off- referred to in the written statements as plete presentation only. route point in connection with otherwise numbered appendices thereto. (4) The No. MC 114457 (Sub-No. 63), filed Au­ authorized service. Both intrastate and admissibility of the evidence contained gust 17,1966. Applicant: DART TRANS­ interstate authority sought. in the written statements and the ap­ IT COMPANY, a corporation, 780 North HEARING: May 15, 1967, 9:30 a.m., pendices thereto will at the time of offer, Prior Avenue, St. Paul, Minn. 55104. Ap­ Michigan Public Service Commission, be subject to the same rules as if the plicant’s representative:' Charles W. Lewis Cass Building, South Walnut evidence was produced in the usual man­ Singer, 33 North La Salle Street, Chi­ Street, Lansing, Mich. Request for pro­ ner. (5) Implementing oral evidence to cago, 111. 60602. Authority sought to cedural information, including the time correct errors or to supply inadvertent operate as a common carrier, by motor for filing protests concerning this ‘appli­ omissions in the written statements is vehicle, over irregular routes, transport­ cation should be addressed to the Michi­ permissible. ing: Iron and steel, and iron and steel gan Public Service Commission, Lewis And it is further ordered, That the fol­ articles, and equipment, material, and Cass Building, Lansing, Mich. 48913, and lowing Special Rules of Procedure shall supplies used in the manufacture or should not be directed to the Interstate apply for the receipt of the testimony of processing of iron and steel articles, be­ Commerce Commission. applicant’s public witnesses: tween Chicago Heights, 111., and the 1. Each applicant shall present for at Chicago, 111., commercial zone, as defined State Docket No. MC 3969 Sub-3, filed least 80 percent of its public witnesses to by the Commission, on the one hand, March 31, 1967. Applicant: HARPETH be heard daily, written statements of and, on the other, points in Illinois, Wis­ FREIGHT LINES, INC., Confederate such witnesses which shall contain, as a consin, Minnesota, the Upper Peninsula Drive, Franklin, Tenn. Applicant’s rep­ minimum, (1) name and address; (2 ) of Michigan, Iowa, North Dakota, South resentative: Charles H. Hudson, Jr., 833 company; (3) qualification; (4) descrip­ Stahlman Building, Nashville, Tenn. Dakota, Nebraska, Kansas, and Mis­ Certificate of public convenience and tion of traffic and special transportation souri. N ote: Applicant states that ho requirements, if any; (5) volume of traf­ duplication of authority is sought. The necessity sought to operate a freight fic and points or areas to which it moves purpose of this republication is to service as follows: Transportation of or from Which it is received; (6) potential broaden the authority sought by adding general commodities, between points and traffic requirements, if any; and (7) Chicago Heights, 111., as an origin point. places within 8 miles of Arrington, Tenn., transportation service now utilized. HEARING: Remains as assigned May including Arrington: Authority is sought 2. Such written statements -shall be 8, 1967, in Room 2119, UJS. Courthouse to tack the authority sought with appli­ circulated to the opposing parties at the and Federal Office Building, 219 South cant’s present authority. Both intra­ adjournment of the hearing on the date Dearborn Street, Chicago, HI., before Ex­ state and interstate authority sought. preceding the day upon which the wit­ aminer Jair S. Kaplan. HEARING: Friday, May 19, 1967, nesses are scheduled to testify, or as Commission’s Courtroom, C-l-110 Cor­ otherwise directed by the presiding of­ By the Commission. dell Hull Building, Nashville, Tenn., 9:30 ficers. - [seal] H. N eil Garson, a.m. Request for procedural informa­ 3. Supplemental testimony by the wit­ Secretary. tion, including the time for filing protests concerning this application should be nesses for whom the written statements [F.R. Doc. 67-4268; Filed, Apr. 18, 1967; are presented is, of course, permissible. 8:47 am.] addressed to the Tennessee Public Service 4. The written statements shall be of­ Commission, Cordell Hull Building, fered in evidence as exhibits at the hear­ Nashville, Tenn. 37219, and should not ing in the same manner as any other NOTICE OF FILING OF MOTOR CAR­ be directed to the Interstate Commerce Commission. type of evidence, and the witnesses sub­ RIER INTRASTATE APPLICATIONS mitting the statements shall be made State Docket No. C-5524, Case No. 3, available for cross-examination. April 14, 1967. filed February 8, 1967. Applicant: 5. The admissibility of the evidence The following applications for motor GREEN LINE TRUCKING COMPANY, contained in the written statements and common carrier authority to operate in 608 Harrison, Trenton, Mich. Appli­ any appendices thereto will be subject intrastate commerce seek concurrent cant’s representative: Robert A. Sullivan, to the same rules as if the evidence were motor carrier authorization in interstate 1800 Buhl Building, Detroit, Mich. 48226. produced in the usual manner. or foreign commerce within the limits of Certificate of public convenience and No. MC 13250 (Sub-No. 89), filed April the intrastate authority sought, pursuant necessity sought to operate a freight 3,1967. Applicant: J. H. ROSE TRUCK to section 206(a) (6) of the Interstate service as follows: Transportation of hfNE, INC., 5003 Jensen Drive, Post Commerce Act, as amended October 15, General commodities serving the site of Office Box 16190, Houston, Tex. 77022. 1962. These applications are governed the R. C. Schmidt Industrial Park on Applicant’s representative: Thomas E. by Special Rule 1.245 of the Commis­ 23-Mile Road between U.S. 25 and Fair- James, The 904 Lavaca Building, Austin, sion’s rules of practice, published in the child Road, Macomb County, Mich., as Tex. 78701. Authority sought to operate F ederal R egister, issue of April 11, 1963, an off-route point in connection with 35 a common carrier, by motor vehicle, page 3533, which provides, among other otherwise authorized service. Both in­ over irregular routes, transporting: Iron things, that protests and requests for trastate and Interstate authority sought. und steel, and iron and steel articles, and information concerning the time and HEARING: May 15, 1967, 9:30 ajn., equipment, materials, and supplies used place of State Commission hearings or Michigan Public Service Commission, ujjihe manufacture or processing of the other proceedings, and subsequent Lewis Cass Building, South Walnut above-described commodities, between changes therein, and any other related Street, Lansing, Mich. Request for pro­ Chicago Heights, 111., and points in the matters shall be directed to the State cedural information, including the time Chicago, 111., commercial zone, on the one Commission with which the application for filing protests concerning this appli­ hand, and, on the other, points in Ala­ is filed and shall not be addressed to or cation should be addressed to the Michi­ bama, Arkansas, Florida, Georgia, Illi­ filed with the Interstate Commerce Com­ gan Public Service Commission, Lewis nois, Indiana, Iowa, Kansas, Kentucky, mission. Cass Building, Lansing, Mich. 48913, and

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6164 NOTICES should not be directed to the Interstate sissippi Highways 33 and 48, serving all Sardis, Batesville, Oakland, Grenada, Commerce Commission. intermediate points: From Gloster over Winona, Durant, Canton, Jackson, Crys­ Mississippi Highway 33 to junction Mis­ tal Springs, Hazlehurst, Wesson, Brook­ By the Commission; sissippi Highways 33 and 48, and return haven, McComb, Femwood, and Osyka, [seal] H. Neil Garson, over the same route. (5) Between junc­ Miss.; Kentwood, Tangipahoa, Roseland, Secretary. tion Mississippi Highways 33 and 563, Amite, Independence, Hammond, Pon- chatoula, and New Orleans, La. From fPJB. Doc. 67-4269; Piled, Apr. 18, 1967; near Crosby, Miss., on the one hand, and 8:47 ajn.] Woodville, Miss., on the other, serving all Chicago, 111., over Interstate Highway 94 intermediate points: From junction of to junction with Illinois Highway 394 at Mississippi Highways 33 and 563, near Lansing, 111., thence over Illinois High­ [Notice 367] Crosby to Wilkerson, Miss., thence over way 394 to junction with U.S. Highway" unnumbered highway Wilkerson, Miss., 30, thence over U.S. Highway 30 to junc­ MOTOR CARRIER TEMPORARY to junction unnumbered highway and tion with U.S. Highway 54 at Chicago AUTHORITY APPLICATIONS U.S. Highway 61, 3 miles north of Wood­ Heights, 111., thence over U.S. Highway 54 to Kankakee, 111., thence over U.S. April 14, 1967. ville, Miss., thence over U.S. Highway 61 to Woodville, and return over the same Highway 45 to Effingham, 111., thence The following are notices of filing of route. (6) Between Brookhaven, Miss., over Interstate Highway 57 to junction applications for temporary authority and Roxie, Miss., serving all interme­ with Illinois Highway 37, thence over under section 210a(a) of the Interstate diate points: From Brookhaven over U.S. Illinois Highway 37 to junction with U.S. Commerce Act provided for under the Highway 84 to Roxie, and return over the Highway 50 at Salem, 111., thence over new rules of Ex Parte No. MC 67 (49 same route. (7) Between Summit, Miss., U.S. Highway 50 to junction with U.S. CFR Part 240) published in the F ederal and junction U.S. Highways 84 and 98 Highway 51, thence over U.S. Highway 51 R egister, issue of April 27, 1965, effec­ between Bude and Meadville, Miss., serv­ to junction with U.S. Highway 61, thence tive July 1, 1965. These rules provide ing all intermediate points: From Sum­ over U.S. Highway 61 to New Orleans, that protests to the granting of an ap­ mit over U.S. Highway 98 to junction La., and return over the same route. plication must be filed with the field U.S. Highways 84 and 98 between Bude (2) Between Memphis, Tenn., and official named in the Federal R egister, and Meadville, and return over the same New Orleans, La., serving no inter­ publication, within 15 calendar days route. For 180 days. Supporting ship­ mediate points. From Memphis, Tenn., after the date of notice of the filing of pers: There are approximately 70 state­ over Interstate Highway 55 to New the application is published in the F ed­ ments in support thereto attached to the Orleans, La., where and as when com­ eral R egister. One copy of such pro­ application which may be examined here pleted, and return over the same route, test must be served on the applicant, or at the Interstate Commerce Commission as an alternate route for operating con­ its authorized representative, if any, in Washington, D.C. Send protests- to: venience only; (3) between Clarksdale, and the protests must certify that such District Supervisor Floyd A. Johnson, In­ Miss., and Marks, Miss., serving no inter­ service has been made. The protest terstate Commerce Commission, 312-A mediate points. From Clarksdale, over must he specific as to the service which U.S. Post Office Building, Jackson, Miss. U.S. Highway 61 to junction with Missis­ such protestant can and will offer, and 39201. sippi Highway 6, thence over Mississippi must consist of a signed original and No. MC 59124 (Sub-No. 14 TA), filed Highway 6 to Marks, Miss., and return six copies. April 11, 1967. Applicant: MAIERS over the same route. Restrictions: The A copy of the application is on file, and MOTOR FREIGHT COMPANY, a cor­ service to be performed shall be limited can be examined at the Office of the poration' 875 East Huron Avenue, Vassar, to that which is auxiliary to or supple­ Secretary, Interstate Commerce Com­ Mich.v48768. Applicant’s representative: mental of express service of the Rail­ mission, Washington, D.C., and also in Walter N. Bieneman, Suite 1700,1 Wood­ way Express Agency, Inc. Shipments the field office to which protests are to ward Avenue, Detroit, Mich. 48226. Au­ transported shall be limited to those be transmitted. thority sought to operate as a common moving on through bills of lading or Motor Carriers of P roperty carrier, by motor vehicle, over irregular express receipts. Permission to tack routes, transporting: Plastic resins, from requested: Applicant requests that the No. MC-3009 Sub-75 TA, filed April 3, Addyston and Kenton, Ohio to Vassar, authority for the proposed operations, if 1967. Applicant: West Brothers, Inc., Mich., for 180 days. Supporting shipper: granted, be construed as an extension, 706 East Pine Street, Post Office Box 1569, Eaton, Yale & Towne, Inc., Eaton to be joined, tacked, and combined with Hattiesburg, Miss. 39401. Applicant’s Foundry Division, 700 Huron Avenue, R E A’s existing authority in MC-66562 representative: W. N. Innis (same ad­ Vassar, Mich. 48768. Send protests to: and subs thereunder, thereby negating dress as above). Authority sought to Gerald J. Davis, District Supervisor, the restrictions against tacking or joinder operate as a common carrier, by motor Bureau of Operations, Interstate Com­ customarily placed upon temporary au­ vehicle, over irregular routes, transport­ merce Commission, 1110 Broderick thority, for 150 days. Supporting ship­ ing: General commodities (except com­ Tower, 10 Witherell, Detroit, Mich. 48226. pers: There are 39 shippers’ supporting modities of unusual value, classes A and No. MC-66562 (Sub-No. 2223 TA), statements attached to the application B explosives, household goods as defined that may be examined here at the Inter­ by the Commission, commodities in bulk, filed April 4, 1967. Applicant: RAIL­ WAY EXPRESS AGENCY, INCORPO­ state Commerce Commission in Wash­ and those requiring special equipment), ington, D.C. Send protests to: Anthony (1) Between Jackson, Miss., and New RATED, 219 East 42d Street, New York, Chiusano, District Supervisor, Interstate Orleans, La., serving all intermediate N.Y. 10017. Applicant’s representative: Commerce Commission, Bureau of Oper­ points in the State of Mississippi: From John H. Engel, 2413 Broadway, Kansas City, Mo. 64108. Authority sought to ations, 346 Broadway, New York, N.Y. Jackson to New Orleans over U.S. High­ 10013. . ways 51 and 61 and/or Interstate High­ operate as a common carrier, by motor vehicle, over regular routes, transport­ No. MC 106398 (Sub-No. 346 TA), filed way 55, and return over the same route. April 11, 1967. Applicant: NATIONAL (2) Between McComb, Miss., and Roxie, ing: General commodities, including classes A and B explosives, moving in ex­ TRAILER CONVOY, INC., 1925 National Miss., serving all intermediate points: Plaza, Post Office Box 8096, Dawson Sta­ From McComb over Mississippi Highway press service, (1) between Chicago, 111., and New Orleans, La., serving the inter­ tion, Tulsa, Okla. 74151. Applicants 24 to Gloster, thence over Mississippi representative: Irvin Tull (same address Highway 33 to Roxie, and return over mediate and off-route points of Peotone, Manteno, Kankakee, Rantoul, Cham­ as applicant). Authority sought to oper­ the same route. (3) Between Liberty, ate as a common carrier, by motor ve­ Miss., and Woodville, Miss., serving all paign, Tolono, Tuscola, Mattoon, Effing­ ham, Centralia, Ashley, DuQuoin, Car- hicle, over irregular routes, transporting. intermediate points: From Liberty over Buildings, in sections, mounted on Mississippi Highway 48 to junction Mis­ bondale, Dongola, Ulin, and Cairo, 111.; Wickliffe, Bardwell, Arlington, Clinton, wheeled undercarriages with hitch hail sissippi Highways 24 and 48, thence over connector, from St. Petersburg, Fla., to Mississippi Highway 24 to Woodville, and and Fulton, Ky.; Obion, Trimble, Dyers- burg, Halls, Ripley, Covington, and Mem­ points in Georgia, Alabama, Louisiana, return over the same route. (4) Be­ Mississippi, Tennessee, District of co- tween Gloster, Miss., and junction Mis­ phis, Tenn.; Hernando, Senatobia, Como,

FEDERAL REGISTER. VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 NOTICES 6165 lumbia, Kentucky, West Virginia, Ohio, Boulevard, Philadelphia, Pa. 19104. No. MC 127036 (Sub-No. 3 TA), filed Rhode Island, Indiana, Illinois, Wiscon­ Send protests to: Peter R. Guman, Dis­ April 11, 1967. Applicant: FREDDIE E. sin, Minnesota, Iowa, Oklahoma, Arkan­ trict Supervisor, Interstate Commerce WIBLE and ALMA L. WIBLE, doing sas, and Texas, for 180 days. Supporting Commission, 900 U.S. Customhouse, Sec­ business as HIRAM WIBLE & SON, shipper: Florida Development Services, ond and Chestnut Streets, Philadelphia, Three Springs, Pa. 17264. Authority Inc., St. Petersburg, Pinellas County, Fla. Pa. 19106. sought to operate as a common carrier, Send protests to: C. L. Phillips, District No. MC 113855 (Sub-No. 158 TA), by motor vehicle, over irregular routes, Supervisor, Interstate Commerce Com­ filed April 11, 1967. Applicant: INTER­ transporting: Coal from points in Huskin mission, Bureau of Operations, Room 350, NATIONAL TRANSPORT, INC., South Run, Somerset County, Pa., to points in American General Building, 210 North­ Highway 52, Rochester, Minn. 55902. Amcelle, Allegany County, Md., for 180 west Sixth, Oklahoma City, Okla. 73102. Applicant’s representative: Van Osdel, days. Supporting shipper: Berwind No. MC 108207 (Sub-No. 218 TA), filed Foss, Johnson and Miller, Attorneys at Coal Sales Co., 600 Two Penn Center April 11,' 1967. Applicant: FROZEN Law, 502 First National Bank Building, Plaza, Philadelphia, Pa. 19102. Send POOD EXPRESS, 318 Cadiz Street, Post Fargo, N. Dak. 58102. Authority sought protests to: Robert W. Ritenour, District Office Box 5888, Dallas, Tex. 75207. Au­ to operate as a common carrier, by motor Supervisor, Bureau of Operations, Inter­ thority sought to operate as a common vehicle, over irregular routes, transport­ state Commerce Commission, 218 Central carrier, by motor vehicle, over irregu­ ing: Attachments, accessories, and parts Industrial Building, 100 North Cameron lar routes, transporting: Candy, from for tractors (not including truck- Street, Harrisburg, Pa. 17101. Memphis, Tenn., to points in Arkansas tractors), scrapers, motor graders, wag­ and Texas for 180 days. Supporting ons, engines (except aircraft and missile Motor Carrier of Passengers shipper: Standard Candy Co., 443 Sec­ engines), generators, engines and gen­ No. MC 129005 TA, filed April 11, ond Avenue North, Nashville, Tenn. erators combined, welders, road rollers, 1967. Applicant: WILLIAM H. HOGLE, 37202. Send protests to: E. K. Willis, compacters, and lift trucks, from the Black Point Road, Ticonderoga, N.Y. Jr., District Supervisor, Bureau of Op­ warehouse facilities of Allis-Chalmers 12883. Applicant’s representative: Nor­ erations, Interstate Commerce Commis­ located in Du Page County, 111., to points man Charles, 80 Bay Street, Glens Falls, sion, 513 Thomas Building, 1314 Wood in Washington, Oregon, California, N.Y. Authority sought to operate as a Street, Dallas, Tex. 75202. Idaho, Nevada, Utah, Arizona, Montana, common carrier, by motor vehicle, over No. MC 108449 (Sub-No. 258 TA), filed North Dakota, and ports of entry on the irregular routes, transporting: Passen­ April 11, 1967. Applicant: INDIAN- international boundary between the gers and their baggage in charter oper­ HEAD TRUCK LINE, INC., 1947 West United States and Canada in Minnesota ations beginning and ending in Ticon­ County Road C, St. Paul, Minn. 55113. for 180 days. Supporting shipper: Allis- deroga, N.Y., and extending to port of Applicant’s representative: W. A. Myl- Chalmers, 3000 South Sixth Street, entry on the international boundary line lenbeck (same address as applicant). Springfield, 111. 62705. Send protests to: between the United States and Canada Authority sought to operate as a com­ C. H. Bergquist, District Supervisor, Bu­ located at or near Champlain, N.Y. (Re­ mon carrier, by motor vehicle, over irreg­ reau of Operations, Interstate Commerce striction : Transportation performed ular routes, transporting: Glass cullet, Commission, 448 Federal Building and hereunder shall be restricted to traffic in bulk, in dump vehicles, from Chicago. U.S. Courthouse, 110 South Fourth moving to and from points in Canada in 111., to Cologne, Minn., for 180 days. Street, Minneapolis, Minn. 55401. connection with EXPO 67 during its term Supporting shipper: The Crystal Gem No. MC 116720 (Sub-No. 5 TA) filed commencing April 28, 1967, and expiring Co., Cologne, Minn. 55322. Send pro­ April 11, 1967. Applicant: DONALD E. with October 27, 1967.), for 180 days. tests to: A. E. Rathert, District Super­ MILLER, 15A Third Street West, Lem­ Supporting shipper: Black Watch Chap­ visor, Interstate Commerce Commission, mon, S. Dak. 57638. Applicant’s repre­ ter Order of DeMolay, R. Patterson Bureau of Operations, 448 Federal Build­ sentative: Val M. Higgins, 1000 First Na­ Strine, Ticonderoga, N.Y.; Ticonderoga ing and U.S. Courthouse, 110 South tional Bank Building, Minneapolis, Youth Commission, Georgia Cawley, Fourth Street, Minneapolis, Minn. 55401. Minn. 55402. Authority sought to oper­ Chairman, Ticonderoga, N.Y.; Cub Scout No. MC 111401 (Sub-No. 220 TA), filed ate as a contract carrier, by motor ve­ Pack No. 77, Jon Potter, Ticonderoga, April 11, 1967. Applicant: GROEN- hicle, over irregular routes, transport­ N.Y.; Adirondack Girl Scout Council, DYKE TRANSPORT, INC., 2510 Rock ing: Malt beverages, in containers, and Mrs. D. W. Varney, 31 Schuyler Street, Island Boulevard, Post Office Box 632, supplies, signs, and materials used in the Ticonderoga, N.Y.; Catholic Daughters Enid, Okla. 73701. Applicant’s repre­ sale and distribution thereof, from Mil­ of America 794, Joan Sharrow, Ticon­ sentative: Alvin L. Hamilton (same ad­ waukee and La Crosse, Wis., to Lemmon deroga, N.Y.; Employees Mutual Asso­ dress as applicant). Authority sought to operate as a common carrier, by motor and Mobridge, S. Dak., and empty malt ciation, Robert Dedrick, President, Ti­ beverage containers on return, for 180 conderoga, N.Y.; and Ticonderoga Town vehicle, over irregular routes, transport­ days. Supporting shipper: Doyle Goss- ing: Liquid fertilizer, in bulk, in tank man. Interstate Beverage Co., Lemmon, Board, Charles R. Schwerdtfeger, Su­ vehicles, from Leavenworth, Kans., to S. Dak. 57638. Send protests to: J. L. pervisor, Ticonderoga, N.Y. Send pro­ Points in Iowa, Kansas, Missouri, and Hammond, District Supervisor, Inter­ tests to: Wilmot E. James, Jr., District Nebraska, for 180 days. Supporting state Commerce Commission, Bureau of shipper: Allied Chemical Corp., 40 Rec­ Supervisor, Interstate Commerce Com­ Operations, Room 369, Federal Building, mission, Bureau of Operations, 518 Fed­ tor Street, New York, N.Y. 10006. Send Pierre, S. Dak. 57501. protests to: C. L. Phillips, District Su­ eral Building, Albany, N.Y. 12207. No. MC 119493 (Sub-No. 31 TA), filed pervisor, Interstate Commerce Commis- By the Commission. aon, Bureau of Operations, Room 250, April 11, 1967. Applicant: MONKEM American General Building, 210 North­ COMPANY, INC., Post Office Box 1196, [seal] h . N eil Garson, west Sixth, Oklahoma City, Okla. Office: West 20th Street Road, Joplin, Secretary. No. MC 111981 (Sub-No. 16 TA), filed Mo. 64801. Authority sought to operate * [F.R. Doc. 67-4270; Filed, Apr. 18, 1967; as a common carrier, by motor vehicle, 8:47 am.] ™ 1 1 .1067. Applicant: ROBIDEAU’S over irregular routes, transporting: Fer­ EXPRESS, INC., Southeast Corner Front tilizer, fertilizer compounds, and fertilizer ^ O reg o n Avenue, Philadelphia, Pa. materials, from Wichita, Kans., to points [Notice 1506] Applicant’s representative: Vin- in Oklahoma, for 150 days. Supporting D’Anella, Jr. (address same as shipper: W. R. Grace & Co., Agricultural MOTOR CARRIER TRANSFER oove). Authority sought to operate as Products Division, Post Office Box 1406, PROCEEDINGS i w ”? 1071 carrier> by motor vehicle, over «rn; ar mu^es* transporting: Milk, Joplin, Mo. 64801. Send protests to: April 14, 1967. uk products, and fruit juices, in con- John V. Barry, District Supervisor, In­ Synopses of orders entered pursuant to “hners, between Perth Amboy, N.J., and terstate Commerce Commission, Bureau section 212(b) of the Interstate Com­ iftnrT nster Philadelphia, Pa. for of Operations, 1100 Federal Office Build­ merce Act, and rules and regulations pre­ fcmi, « s’ SuPPortlng shipper: Hemig ing, 911 Walnut Street, Kansas City, Mo. scribed thereunder (49 CFR Part 179), Co-. Inc., 3175 John F. Kennedy 64106. appear below:

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 6166 NOTICES As provided in the Commission’s spe­ headquarters, between any points with­ one hand, and, on the other, points in cial rules of practice any interested per­ in Connecticut. Massachusetts, Rhode Island, New York, son may file a petition seeking recon­ No. MC-FC-69540. By order of April and New Jersey; and sail and motor sideration of the following numbered 11, 1967, the Transfer Board approved boats between Old Saybrook, New York, proceedings within 20 days from the date the transfer to Wade Mobile Home N.Y., and points within 10 miles of Old of publication of this notice. Pursuant Transport, Inc., 402 North 52d Street, Saybrook, and those in New York on and to section 17(8) of the Interstate Com­ Phoenix, Ariz., of the operating rights south of U.S. Highway 1 between New merce Act, the filing of such a petition of Arizona Trailer Convoy, Inc., doing York, N.Y., and the Connecticut-New will postpone the effective date of the or­ business as Arizona Trailer Convoy, 5301 York State line, and those on Long Is­ der in that proceeding pending its dis­ East Van Buren, Phoenix, Ariz., in Cer­ land, N.Y. Reubin Kaminsky, 410 Asy­ position. The matters relied upon by tificate of Registration No. MC-121384 lum Street, Hartford, Conn., attorney for petitioners must be specified in their (Sub-No. 1), issued December 20, 1965, applicants. petitions with particularity. evidencing the right to engage in trans­ No. MC-FC-69547. By order of April No. MC-FC-69539. By order of April portation, as a common carrier, of house 11, 1967, the Transfer Board approved trailers over the public highway within the transfer to Warren C. Shepard and 11, 1967, the Transfer Board approved Raymond Clairmont, a partnership, do­ the transfer to Gibbs Express, Inc., 369 the State of Arizona, with base of opera­ tions at Chandler, Ariz. ing business as C & S Distributors, Mis­ Main Street, West Haven, Conn. 06516, soula, Mont., of the operating rights in of the operating rights of William E. No. MC-FC-69546. By order of April permit No. MC-125806, issued December Gibbs, doing business as Gibbs Express, 11, 1967, the Transfer Board approved 2, 1965, to William E. Seliski, Missoula, 369 Main Street, West Haven, Conn. the transfer to Walden’s Express, Inc., Mont., authorizing the transportation, 06516, in Certificate of Registration No. Old Lyme, Conn., of the operating rights over irregular routes, of malt beverages MC—120488 (Sub-No. 1), issued March in certificate No. MC-73375, issued May from St. Paul, Minn., to Butte, Ana­ 23, 1964, evidencing the right to engage 12, 1949, to Myrick A. Walden, doing conda, and Missoula, Mont., under con­ in transportation, as a common carrier, business as Walden’s Express, Old Lyme, tracts with named shippers. William E. of general commodities (other than Conn., authorizing the transportation, Seliski, 665 Woodworth Avenue, Mis­ household goods and other than com­ over irregular routes, of Christmas trees soula, Mont., representative for appli­ from points in Berkshire and Hampshire cants-. modities which necessitate the use of Counties, Mass., to Old Saybrook, Conn., dump trucks, tank trucks, or special and points within 10 miles of Old Say- [seal! H. N eil Garson, equipment) for hire as a motor common brook; household goods between Old Secretary. carrier from its headquarters in West Saybrook and points in Connecticut JF.R. Doc. 67-4271; Filed, Apr. 18, 1967; Haven, and upon call received at his within 10 miles of Old Saybrook, on the 8:47 am.]

CUMULATIVE LIST OF PARTS AFFECTED— APRIL

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during April. Page Page 3 CFR Page 3 CFR— Continued 7 CFR— Continued P roclamations: Executive Orders—Continued 944______1______5731 3279 (modified by Proc. 3779) _ 5919 10589 (superseded by EO 959______-______6087 3290 (see Proc.3779) ______5919 11342) ______5827 989______I_____ 5921 3328 (see Proc.3779) ______5919 10767 (superseded by EO 1201_..__*______6128 3386 (see Proc. 3779)______5919 11342)______5827 1421______5462, 5767, 5829, 6021 3389 (see Proc. 3779)______5919 11031 (superseded by EO 1427 ______5462,5671 3509 (see Proc.3779)______5919 11342)______5827 1430"______5767 3531 (see Proc. 3779)______5919 11340 ______5453 1481______5462 3541 (see Proc.3779)______5919 11341 ______5765 P roposed Rules: 3693 (see Proc. 3779)______5919 11342 ______5827 27 ______6035 3773 ______5491 11343 ______6085 28 ______6035 3774 ______5539 301______5807 3775 ______5761 5 CFR 319 ______5807 3776 ______5763 213______5455, 5671, 5768, 5979, 6087 320 ______5555 3777 ______5915 511______5455 908______5628 3778 ______5917 534______5455 958______. 5629 3779 ______5919 550______5768 989______5690 3780 ______6125 991 ______5838 Executive Orders: 7 CFR 992 ______5514 Dec. 19, 1910 (revoked in part 1______5458 993 ______5556 by PLO 4182)___ 5836 17______5977 1001______5694 5384 (revoked by PLO 4188) — 5837 29______5979 1002______5694 6783 (superseded by EO 52______5979 1003 ______5694 11342) ______5827 354______6019 1004 _____ 5694,5876 7743 (amended by PLO 4194) _ 6138 701__ 5619 1005 ______5695 7921 (superseded by EO 718______5493 1008______5695 11342) ______5827 722______5671, 6127 1009______5695 9213 (superseded by EO 751______5767 1011______5695 11342) ______5827 775______6127 1012______5472 9741 (superseded by EO 777______6127 1013______5472 11342) ______— . 5827 862______- ___ 5458 1015 ______5694 9890 (superseded by EO 907 ______5461, 5729, 6019 1016 ______5694 11342) ______5827 908___ 5461, 5619, 5729, 5829, 6019, 6128 1030—______6035 10134 (superseded by EO 910___ 5494, 5495, 5730, 5829, 6020, 6087 1031 ___ _ 5695,6035 11342) ______5827 911 ______5730 1032 _____ 5695 912 ______5462, 5730, 6020 1033 ______5695 10541 (superseded by EO 5695 11342) ______5827 917______5543 1034 _____

FEDERAL REGISTER, VOL. 3 2 , N O . 7 5 — WEDNESDAY, APRIL 1 9 , 1 9 6 7 FEDERAL REGISTER 6167 7 CFR— Continued Page 12 CFR Page 18 CFR Page Proposed R ules— Continued 14______6022 1 ____ 5771 1035------5695 531______5830 2 __ _ 640______5990 1036_.------5695 5543 157______5990 1038 ------5695, 6035 P roposed R ules: P roposed Rules: 1039 ----- :------5695, 6035 218______5849 154______1040 ------5695 562______6100 1041 ------5695 5999 260______6100 1043 ------5695 702______5939 1044 ------5695, 6035 13 CFR 21 CFR 1045 ------5695, 6035 106—------5672 8______6131 1046 ------5695 109 ------6088 18______1047 ------5695 110 ------6090 6024 1048 ------5695 119------5988 19 ______6024 20 ______6024 1049 ------5695 121------5495, 5620 25______1050__------5695 P roposed R ules: 6024 1051------5695, 6035 31------5922, 6024 107------6101 5922 1060------5696 121------5516 1062------;___ 5695 5736 1063 ------5695 120 ------5547, 5772, 6132 1064 ------5695 14 CFR 121 _ 5455 1065 ------5629, 5696 Ch. I ------5769 5547, 5548, 5674~, 5675, 5772, 5773,’ 11 5922, 6132. 1066 ------5629, 5696 __ ------5770 148w__------5774 1067 ------5695 23__ ------5984 1068_------5695 39__ ------5463, 191------5456 1069 ------5696 5464, 5496, 5543-5545, 5676, 5731, P roposed R ules : 1070 ------5695 5771, 5830, 5921, 5984, 5985, 6022 3------5560 1071—------5695 6091. 27------6144 1073------5638, 5696 61------5770, 5985 120------6059 1075 ------5696 65------5770 131------5560 1076 ------5638, 5696 71------5465, 166------5933 1078 ------5695 5497, 5677, 5732, 5768, 5769, 5831. 1079 ------5639, 5695 5988,6022. 1090------5695 73----- _------5497, 5545, 5546, 6128 22 CFR 1094______5694 75------5831, 5988 41______1096 ------5694, 6054 97------5678, 5980 126______1097 ------5695 121------5985 1098 ---^------5695 141------5770 23 CFR 1099 ------5695 147------5770 1101------5695 181------5546 215______1102------5695 208------6022 255 ______1103 ------5694 224------5546 1104 ------5695 295------5732 24 CFR 1106------5695 387------6128 200______1108------5695 P roposed R ules: 1120------5695 25 CFR 1125 ------5696, 5838 21------6098 23----- 5698, 5791 41______1126 ------5695 221______1127 ------5695 37------5788 Proposed R ules: 1128 ------5695, 5696 39------5808, 5939, 5996, 6099 1129 ------5695 45------5997 161______1130 ------5695 61------5740 26 CFR 71------5472, 1131 ------5696 l ______1132 ------5695 5473, 5706, 5997, 5998, 6060, 6061, 6145. 49______1133 ------5640, 5696 P roposed R ules : 1134___------_>------5696 75------5473, 5706 1136------______5696 91------5559 1______1137—------5640, 5696 243------5562 601______1138------5695 288------5564 1205------5696 399------5564, 5642 29 CFR 4 ______8 CFR 15 CFR 6______242__ 201. 5547 526______5619 601______336__ 5619 230. 6129 373. 6130 602______9 CFR 379. 6130 603______385. 6130 604______97-— 6021 606______327_ 6087 16 CFR 609______340___ 6021 610______13------5734, 5735, 5990, 5991, 6130 611______10 CFR 15------5620, 6023 612______301 ------6023 Proposed R ules : 613______302 ------6091 614______30___ 6099 4o______...... 615______6099 17 CFR 616______®¡¡------'------— 5562, 6099 6 1 9 ______------6099 P roposed R ules: 657______■115____ 5562 170. 240------5808 661______6099 249------5808 670______6168 FEDERAL REGISTER 29 CFR—Continued Page 32 CFR— Continued 43 CFR—Continued Pa&e 671 ______- 5468 1053— ______—— 5787 Public Land Orders—Continued 672 ______5468 1055______—______5787 4181 ------5836 673 ______5468, 5979 1453______5457, 6095 4182 ______5836 675------5469 1498______:______5457 4183 ------5836 677 _____ 5469 4184 ------5837 678 ______5469 32A CFR 4185 ------5837 683______5469 OEP (Ch.I): 4186 ______5837 687 ______5469 DMO 8540.2______6032 4187 ______5837 688 _____ ,______5470 NSA (Ch. XVIII): 4188 ______i ______5837 690______- ______5470 INS-1______:______------— 5621 4190 ______6095 699__ '*______- ______5470 4191 _____1______6096 720__ 5470 33 CFR 4192 ______6096 4194______6138 726 ______5505 203 ______- 5834, 6137 727 ______5831 204 ______5834, 6137 728 ______6092 207-______i_____ :___ 5685 4 5 CFR 729 ______6093 208______5834 800 ______- 5737 114______5549 801...... 5470,5554 1500______6024, 6025, 6136 36 CFR P roposed R ules: 7______5771 526______— ------5788 4 6 CFR 1500______- 6057, 6102, 6144 38 CFR 160______,______5499 1504______6058 21______5549 510— ______5457 1604______5999 513______5503 39 CFR 540______5457 31 CFR Proposed Rules: 122______5686 500__ 5833 127____ 5737 512______5516 143______5686 32 CFR 148 ______5686 4 7 CFR 1______5505, 6136 149 _ 5686 73______6138,6142 2 ______5506 ! 74______5554 3 ______5506 41 CFR 6 ______5508 97______6143 7 ____ _ 5508 1-3______5622 Proposed Rules: 1-6______;_____ 5622 15___ 6145 10______5509 8- 1 5549 73_ 5564, 5566, 5642, 5740, 6099, 6147 12____ 5509 9- 1______5737 15______- ____ 5510 18______5511 50-204_____ 5835 4 9 C F R ______5606 151______5682 101-32______5687 1______5606, 5609 288 ______6025 P roposed R ules: 173______5624 289 ______— 6025 50-204______- ____ —— 5848 195______- 5931, 6033 713______6028 197______5931 803______—_ 6032 42 CFR 235______5624 820______6093 54______5676 293______5625 823______6032 P roposed Rules: 858______6093 81______5514 5 0 CFR 888a______1______— 5778 33______5626, 1001 ______5781 43 CFR 1002 ______5782 5627, 5689, 5738, 5739, 5835, 6034, 2240______- ____ 5689 6096,6143. 1003 ______I______5782 60______5787 1004 ______— 5786 Public Land Orders: 1006 ______5787 4179 ______5835 P roposed Rules: 1007 ______■______5787 4180 ______— 5836 1 0 _ i______— 5628