FEDERAL REGISTER VOLUME 35 • NUMBER 39 Thursday, February 26,1970 • Washington, D.C. Pages 3741-3791

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Emergency Preparedness Office Federal Aviation Administration Federal Communications Commission Federal Highway Administration Federal Home Loan Bank Board Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Indian Affairs Bureau Interstate Commerce Commission Land Management Bureau Public Health Service Tariff Commission Wage and Hour Division Detailed list of Contents appears inside. \

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AGRICULTURAL RESEARCH EMERGENCY PREPAREDNESS FEDERAL POWER COMMISSION SERVICE OFFICE Notices Rules and Regulations Notices Hearings, etc.: Hog cholera and other com­ California; notice of major disas­ Aztec Oil & Gas Co., et al______3777 municable swine diseases; areas ter and related determinations. 3778 Commonwealth Edison Co., and quarantined ------3750 Central Illinois Electric and FEDERAL AVIATION Gas Co______3777 AGRICULTURAL STABILIZATION Continental Oil Co., et al______3772 ADMINISTRATION Gulf Oil Corp., et al______3774 AND CONSERVATION SERVICE Rules and Regulations Signal Oil and Gas Co., et al___ 3776 Rules and Regulations Airworthiness directives: Southern Union Gathering Co., et al______3777 Rice; proclamation of results of AiResearch Turboprop Engine marketing quota referendum— 3749 TPE33-1-1 and 2______3753 General Dynamics Model 30 and FEDERAL RESERVE SYSTEM AGRICULTURE DEPARTMENT 30A airplanes______3753 Rules and Regulations See also Agricultural Research Hawker Siddeley Heron Model Interests on deposits; premiums; D.H. airplanes______3754 Service; Agricultural Stabiliza­ method of computing interest_ 3751 tion and Conservation Service; Control zone and transition area; alteration ______3755 Consumer and Marketing Serv­ FISH AND WILDLIFE SERVICE ice. Prohibited area; designation____ 3755 Transition areas: Rules and Regulations Notices A lteration ______3755 Designation of areas for emer­ Designation ______3755 Sport fishing in certain wildlife refuges : gency loans: Proposed' Rule Making Colorado ______3766 Massachusetts ______3759 T exa s______3766 Control zones and transition New York______3759 areas; proposed alterations (2 documents) ______3760 FOOD AND DRUG CIVIL AERONAUTICS BOARD JProposed designations: Notices Jet route segments______3761 ADMINISTRATION Hearings, etc.: Prohibited area______3761 Rules and Regulations International Air Transport As­ Certain pesticide chemical; toler­ sociation ______I ______3769 FEDERAL COMMUNICATIONS ances ______3755 Sedalia, Marshall, Boonville COMMISSION Food additives: Stage Line, Inc______3770 Rules and Regulations Amprolium ______3756 Trans World Airlines, Inc______3771 Coumaphos______.... ______3756 Table of assignments: Hazardous substances; toy rocket CIVIL SERVICE COMMISSION FM broadcast station, Freder­ propellant devices______3757 icksburg, Texas______3757 Notices Television broadcast stations, Notices Wilmington, Del.______3758 Certain positions; adjustment of Amchem Products, Inc.; petition minimum rates and rate ranges. 3772 Transmitter performance meas­ regarding pesticides______3766 urements by FM broadcast sta­ Hercules, Inc.; petition regarding COAST GUARD tions -Z------__------3758 pesticides______3766 Notices Notices Jensen-Salsbery Laboratories; op­ portunity for hearing______3766 Equipment, construction, and Emergency test broadcast system materials; approval notice. _ 3768 (EBS) technical; and program Staley, A. E. Mfg. Co.; petition origination channels associated food additive______3767 CONSUMER AND MARKETING with NIAC Order No. 10; closed Upjohn Co.; petition regarding circuit test.______3777 pesticides______3767 SERVICE Whitmoyer Laboratories, Inc. op­ Rules and Regulations FEDERAL HIGHWAY portunity for hearing______3767 Canned spinach; standards for ADMINISTRATION grades______3745 HEALTH, EDUCATION, AND Proposed Rule Making Handling limitations: WELFARE DEPARTMENT Navel oranges grown in Arizona Smoking on buses______3762 and designated part of See Food and Drug Administra­ C a liforn ia ______3749 FEDERAL HOME LOAN BANK tion ; Public Health Service. Valencia oranges grown in BOARD Arizona and designated part - INDIAN AFFAIRS BUREAU of California______3759 Rules and Regulations Notices Proposed Rule Making Limitations on rate of return; Superintendents et al., Albuquer­ Meat inspection; eligibility of amendments relating to give­ que; delegation of authority___ 3763 uigaria and Romania for im ­ aways ____ 3751 portation of meat products into Operations: INTERIOR DEPARTMENT United States______3760 Amendment relating to give­ See Fish and Wildlife Service; In­ Notices away — ------3752 dian Affairs Bureau; Land Man­ Amendment relating to invest­ agement Bureau. Peanuts, 1969 crop; indemnifica- ment in national housing partnerships______3752 (Continued on next page) 3743 3744 CONTENTS

INTERSTATE COMMERCE LABOR DEPARTMENT PUBLIC HEALTH SERVICE COMMISSION See Wage and Hour Division. Proposed Rule Making Notices Foreign quarantine; disinsecting LAND MANAGEMENT BUREAU of aircraft; correction— ------3760 Ann Arbor Railroad; rerouting or Notices diversion of traffic______3779 TARIFF COMMISSION Car distribution regarding certain Schedule of grazing fees, 1970----- 3765 railroads (5 documents)___ 3779, 3780 Washington; opening of land for­ Notices Consignees’ obligation to unload merly in Project No. 1430------3765 Certain floor coverings; notice of rail cars in compliance with car­ investigation and hearing------3778 riers’ published tariffs.______3780 Fourth section applications for TRANSPORTATION DEPARTMENT re lie f______T.------3781 See Coast Guard; Federal Aviation Motor carrier : Administration; Federal High­ Alternate route deviation no­ way Administration. tices ______3781 Applications and certain other WAGE AND HOUR DIVISION proceedings______3781 Intrastate applications.------3786 Notices Temporary authority applica­ Certificates authorizing employ­ tions ______3786 ment of learners at special Transfer proceedings______3788 minimum wages. ______3778 List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.

7 CFR 14 CFR 21 CFR 52_____ 3745 39 (3 documents)______3753, 3754 120 __ 3755 730____ 3749 71 (3 documents)______3755 121 (3 documents)______3756 907 _ 3749 73______3755 191______—______3757 908 _ 3750 P r o p o s e d R u l e s : 42 CFR 71 (2 documents)______3760 9 CFR 73______3761 P r o p o s e d R u l e s : 75.______... ____ 3761 71______3760 76______3750 P r o p o s e d R u l e s : 47 CFR 327...______3760 73 (3 documents)______3757, 3758 49 CFR 12 CFR P r o p o s e d R u l e s : 217______3751 393______3762 526______3751 545______3752 50 CFR 563______3752 33 (2 documents)______3759 3745 Rules and Regulations

In 1967 the standards which had been (7) Objective allowances for stem ma­ Title 7— AGRICULTURE in effect since 1950 were amended to in­ terial are included in the various grade clude the proposed styles of “ Cut or classifications; and Chapter I— Consumer and Marketing Sliced” and “ Chopped” as well as the (8) A procedure for ascertaining com­ Service (Standards, Inspection, Mar­ proposed drained weights. The spinach pliance with stem material requirements keting Practices) canning industry requested more time, is adopted. however, to study the attributes concept. The revised standards are as follows: PART 52— PROCESSED FRUITS AND This time was carried through until VEGETABLES, PROCESSED PROD­ January 1,1970". P roduct D e s c r ip t io n , St y l e s , G rades UCTS THEREOF, AND CERTAIN There have been no adverse comments Secs. OTHER PROCESSED FOOD PROD­ received from the spinach canning in­ 52.1901 Product description. dustry regarding the proposed revision. 52.1902 Styles of canned spinach. UCTS There have been some formal and in­ 52.1903 G rades of canned spinach. Subpart— U.S. Standards for Grades formal suggestions from representatives D e f in it io n s o f T e r m s a n d S y m b o l s of the spinach canning industry in Cali­ of Canned Spinach 1 52.1904 Definitions of terms and symbols. fornia to change the definitions for During the period of March 1, 1966 to minor, major, and severe defects with re­ F il l o f C o n t a in e r January 1,1969 three notices of proposed spect to certain types of harmless ex­ 52:1905 Recom m ended fill o f container. rule making were published in the F e d ­ traneous material. These suggested R e c o m m e n d e d D r a in e d W e ig h t s eral R e g is t e r (31 F.R. 3253, 32 F.R. 6848, changes would have the effect of in­ and 33 FR . 4335) regarding the revision creasing the allowance for this material. 52.1906 Recom m ended drained weights. of the U.S. Standards for Grades of The industry has not provided data to F actors o f Q u a l it y Canned Spinach. An extension of time to substantiate the need for such an in­ permit further study of the proposal was 52.1907 Factors o f quality. crease. Data and experience obtained 52.1908 Sam ple u n it size. published in the F e d e r a l R e g is t e r of over 4 years of study by the Department February 25, 1969 (34 F.R. 2564). does not indicate a need for the sug­ P roduct C haracteristics After consideration of all relevant gested change. Furthermore, the defini­ 52.1909 Classification of defects. matters presented, including the pro­ tions for harmless extraneous material T o lerance s for G rade C o m p l ia n c e posals set forth in the aforesaid notices, in these revised canned spinach grade the U.S. Standards for Grades of Canned standards are the same as those con­ 52.1910 Tolerances fo r stem m aterial. Spinach are hereby revised, pursuant to tained in the grade standards for canned 52.1911 Tolerances for color, character, dam­ the Agricultural Marketing Act of 1946 leafy greens (other than spinach). These age, harmless extraneous material. (sec. 205, 60 Stat. 1090, as amended; 7 latter standards have been in use since A scertaining P ercentage of St e m M aterial U.S.C. 1624). 1968 with no adverse comment as to the 52.1912 Method for ascertaining percentage Statement of considerations leading to allowances for harmless extraneous of stem material. material. the revision. Three notices of proposed L ot A c c eptance rule making were published in the F e d ­ Therefore, the U.S. Standards for 52.1913 Lot acceptance for drained weights. eral R e g is t e r during the period from Grades of Canned Spinach are hereby March 1, 1966, to January 1, 1969, pro­ adopted as proposed with the exception 52.1914 Lot acceptance fo r quality. posing changes in the Grade Standards of some minor editorial changes. These T a l l y S h e e t for Canned Spinach, which had been in changes will not alter in any way the 52.1915 T ally sheet fo r canned spinach. effect since 1950. quality levels for the various grade clas­ sifications as proposed. A u t h o r it y : §§ 52.1901 to 52.1915 issued The proposals were initiated on the under sec. 205, 60 Stat. 1090, as am ended: 7 basis of a request from the spinach can­ The revised standards adopt the fol­ U.S.C. 1624. ning industry, to include the styles of lowing changes from the previous stand­ “Cut or Sliced” and “ Chopped” in the ards in effect since 1950 and as amended P r o d u c t D e s c r i p t i o n , S t y l e s , G r a d es standards along with the style of “ Whole in 1967: § 52,1901 Product description. Leaf” which was the only style provided (1) Requirements are based on the for in these earlier standards. An adjust­ statistical attributes principle; “ Canned Spinach”, as defined in the ment in the recommended minimum (2) The grade nomenclature for Grade definitions and standards of identity for drained weight was also suggested by the C in the previous standards is now Grade canned vegetables (21CFR 51.990) issued California Spinach canners to be more B (this change is to provide more uni­ pursuant to the Federal Food, Drug, and compatible to the maximum drained formity in grade nomenclature in the Cosmetic Act, means the product prop­ weight limits specified and enforced by grade standards for processed fruits and erly prepared from the succulent leaves the State of California Department of vegetables); of the spinach plant and is packed with Public Health. (3) Allowances for various defects are the addition of water in hermetically sealed containers and sufficiently proc­ On its own initiative the U.S. Depart­ based on specific acceptable quality levels essed by heat to prevent spoilage. Citric ment of Agriculture introduced a differ- (AQL’s) for the different grade classi­ fications which are adapted to specified acid or a vinegar may be added in a ^?-ncep^ *n ^ra{^e standards from the sample unit sizes (Under this concept, quantity not more than sufficient to per­ aditional format. This new concept is mit effective processing by heat without nm statistical attributes ap- the AQL remains the same for a specific discoloration or other impairment of the n f * * 1' x e aU°wances for various types grade classification regardless of the i defects were calculated to be as close size of container in which the product product. One or more of the optional sea­ Possible to the earlier standard. is packed); soning ingredients specified in the afore­ (4) The scoring system is eliminated; said standards of identity may be added. (5) Objective definitions are provided Rtim!?,i>In?liance the provisions o § 52.1902 Styles of canned spinach. J^dards shall not excuse failure to for in the styles of “Cut Leaf” or “Sliced” wiin the provisions of the Federal Foot and “ Chopped” ; (a) “ Whole leaf” spinach consists sub­ law<5^ metlC Acfc or w ith applicabli " (6) Separate allowances are provided stantially of the leaf and adjoining por­ laws and regulations. for the style of “ Chopped” ; tion of the stem.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3746 RULES AND REGULATIONS

(b) “Cut leaf” or “ Sliced” spinach UL ___ i______.y Upper limit is the value subpart are not incorporated in the consists of the leaf and adjoining portion which represents the grades of the finished product, since maximum amount of drained weight, as such, is not a factor of stem that has been cut predominantly stem material or the into large pieces approximating three- maximum number of of quality for the purpose of these grades. fourths inch or more in the longest di­ defects a sample unit (b) Method for ascertaining drained mension or cut predominantly into ap­ may have for a grade weight. (1) The drained weight of proximate strips. classification. canned spinach is determined when the product is at approximately room tem­ (c) “Chopped” spinach consists of the F i l l o f C o n t a i n e r leaf and adjoining portion of stem that perature (68° F .). The contents of the has been cut predominantly into small § 52.1905 Recommended fill of con­ container is emptied upon a dry, previ­ pieces less than approximately three- tainer. ously weighed, U.S. Standard No. 8 circu­ fourths inch in the longest dimension. The recommended fill of container is lar sieve of proper diameter containing 8 not incorporated in the grades of the meshes to the inch (0.0937 inch, ±3 per­ § 52.1903 Grades o f canned spinach. finished product since fill of container, cent, square openings). With the sieve (a) “ U.S. Grade A” (or “ U.S. Fancy” ) as . such, is not a factor of quality for flat on the tray, the container of spinach is the quality of canned spinach that has the purpose of these grades. The recom­ is placed open end down in the sieve in a good flavor and odor and is attractive mended fill of container for canned spin­ an upright position. The container is in appearance and easing quality within ach is the maximum amount of spinach lifted off the spinach without spreading the limitations set forth in this subpart that can be sealed in a container and the spinach out on the sieve. The spinach as to: processed by heat without impairment of is allowed to drain for exactly 2 min­ (1) Color, quality. It is recommended that the prod­ utes. The weight of the spinach and (2) Character, uct and packing medium occupy not less sieve minus the weight of the dry sieve (3) Stem material, than 90 percent of the water capacity is the drained weight of the spinach. (4) Damage, and of the container. - (5) Harmless extraneous material. (2) A sieve 8 inches in diameter is used (b) “ U.S. Grade B” (or “U.S. Extra R e c o m m e n d e d D r a in e d W e i g h t s for the equivalent of a No. 3 size can Standard” ) is the quality of canned § 52.1906 Recommended drained (404 x 700) and smaller and a sieve 12 spinachsthat has a good flavor and odor weights. inches in diameter is used for containers and is reasonably attractive in appear­ larger thah the equivalent of a No. 3 size ance and eating quality within the limi­ (a) General. The recommended can. tations set forth in this subpart as to: drained weight values in Table I of this (1) Color, T able I—R ecommended Minimum Drained Weights for Canned Spinach (2) Character, (3) Stem material, Container size overall Capacity— (4) Damage, and Container designation (metal, unless otherwise dimensions weight H 2O Minimum drained stated) ------at 68° F. weight avoirdupois (5) Harmless extraneous material. Diameter Height (avoirdupois ounces) (c) “ Substandard” is the quality of (inches) (inches) ounces) canned spinach that fails to meet the requirements for “U.S. Grade B” . LL X i 21M 6 31/16 8.65 4.8 5.2 8Z tall..- — 6.8 D e f i n i t i o n s o f T e r m s a n d S y m b o l s No. 1 picnic.. 211/16 4 10.90 6.3 3 4J4d 15.20 8.6 9.1 No. 300_____ 9.4 10.0 52.1904 Definitions of terms and No. 1 tall___ 8Me 41/6 16.60 3/e 4/6 16.85 9.6 10.2 symbols. No. 303...... 9.4 10.0 * No. 303 glass. 17.70 3/« 4/6 20.50 11.9 12.6 (a) Terms. No. 2______18.6 4 / b 41/16 29.75 17.6 No. 2 / _____ 15.8 16.6 D e f e c t ------' ______Any specifically defined No. 2/ glass. 29.50 109.45 54.7 58.4 variation from a par­ No. 10______6/6 7 ticular requirem ent. Deviant A sample unit that ex­ F a c t o r s o f Q u a l i t y determined on subsamples as specified in ceeds an upper limit Table II of this subpart. (such as for stem m a­ § 52.1907 Factors o f quality. terial or various de­ T able II.—Sample Unit Size—Drained Spinach fect classifications) The grade of a lot of canned spinach or fails to meet a is based on requirements for product Containers No. 2)4 No. 10 containers lower limit (such as characteristics with respect to the fol­ Style smaller than containers drained weights). lowing quality factors: No. 2Yt Sam ple Any number of sample (a) Flavor and odor. . 30 ounces. units to be used for (b) Color. Whole leaf; cut 10 ounces___ 15 ounces— inspection of a lot. leaf. - (c) Character. 3 ounces___ 6 ounces. Sample unit. The entire contents of Chopped...... 2 ounces...... a container, a portion (d) Stem material. of the contents of a (e) Damage. P r o d u c t C haracteristics container, or a com­ ( f ) Harmless extraneous material. bination of the con­ § 52.1909 Classification of defects. tents of two or more § 52.1908 Sample unit size. containers as speci­ (a) Compliance with the factors of (a) General. Scoreable defects in the fied to be used for flavor and odor, color^ and character may factors of color, character, extraneous - inspection. be determined on: (1) The contents of plant material, other extraneous mate­ Sample average The numerical value value. calculated by divid­ an entire container, or (2) a representa­ rial, and damaged spinach are outlined in ing the total number tive subsample from containers yielding Tables III, IV, and V. of applicable defects more than 10 ounces of drained weight. (b) Extraneous plant material. Ex­ in a sample by the total number of sam­ (b) Compliance with requirements for traneous plant material includes root ple units in that harmless extraneous material other than crowns and root stubs of the spinach sample. plant material is determined on the con­ plant and harmless grass and weeds of (b ) Symbols. tents of an entire container. various kinds and texture. X« ...... Minimum sample aver­ (c) Compliance with requirements for (c) Other extraneous material. Other age drained weight. extraneous material includes grit, sand, LL ...... Low er lim it fo r individ­ the factors of stem material, damage, ual drained weights. and extraneous plant material shall be silt, or other earthy material.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 (d) D a m a g e . Damage includes discol­ quality of the portion of spinach and/or T able V oration or other similar injury on a leaf entire product. or stem or portion thereof which dam­ (e) Degrees of defect classes. Defects Quality factors Defects Minor Major Severe are classified as to minor, major, or se­ age affects, materially affects, or seri­ vere. Each “X ” mark in Tables m , IV, WHOLE leaf; cut leaf styles ously affects the appearance or eating Discoloration or other injury (affecting the appearance and V represents “one (1) defect” . or eating quality) Damage...... Less than 1 square inch that more than slightly but T able III—Whole L eaf; Cut L eaf; Chopped Styles not materially affects______X ...... Less than 1 square inch that materially affects...... X " I...... 1 square inch or more but less than 4 square inches that affects to any degree...... X Quality factors Defects Minor Major Severe More than 4 square inches that affects to any degree_____ .1” ...... X CHOPPED STYLE Color...... Color appearance is: Adversely affected to a degree that is noticeable. X Discoloration or other injury (affecting the appearance Adversely affected to a degree that is objection- X or eating quality) able. Any area that materially affects...:...... X ____ Character...... Appearance or eating quality, due to a mushy tex- ture, disintegration, ragged cutting, or shredded leaves and shredded stems or portions thereof, as T o l e r a n c e s f o r G rade C o m p l ia n c e applicable for the style, is: rial outlined in this subpart (See §52.- Adversely, but not seriously, affected- . X § 52.1910 Tolerances for stem material. 1912). Seriously affected...... X T able VI Extraneous plant material__ .. Root crown: Any significant portion of the solid area ... X Stem material is that portion of the of the plant between the root and attached leaves. TOLERANCES FOR STEM MATERIAL (ALL STYLES) Root stub: Any portion of the root whether or n o t...... X spinach plant below the point of attach­ leaves are attached. ment to the leaf. Allowances for stem ma­ Upper Lim it ( U L ) Other extraneous material__ -. Grit, sand, silt, or other earthy material: G ra de , fo r th e A trace that no more than slightly affects ap- ...... X terial for the respective grade are shown classification sample unit pearance or eating quality. in Table VI, based on the method for REGULATIONS AND RULES Presence materially affects appearance or eating...... X U.S. Grade A ------25 percent by weight. quality. ascertaining the amount of stem mate- U.S. Grade B ------30 percent by weight.

T able IV § 52.1911 Tolerances for color, character, damage, harmless extraneous material.

T able VII(a)—Whole L eaf; Cut Leaf Styles Quality factors Defects Minor Major Severe

Number of defects whole leaf; cut leaf styles For container sizes: Less than No. 2M (sample unit size—10 ozs.) permitted in a sample unit Sample Grass and Weeds (Aggregate measurement) average Upper Maximum value Extraneous plant material_____ (1) Green, fine, tender stringlike blades and stems: Grade classification Defect classification limit allowed for 3 inches or less...... X ...... (UL) deviants More than 3 inches but not more than 8 inches...... X ______More than 8 inches...... 1...... X (2) Green and coarse: U.S. Grade A ______Severe.______1 2 0.25 Minch or less...... X ...... Major.______4 6 1.50 More than M inch but not more than 2 inches...... X ...... Total2...... 8 11 4.0 More than 2 inches______X U.S. Grade B ______...... Severe______.... 2 3 0.50 (3) Other than green—of any texture or kind: Major______8 11 4.0 M inch or less...... X Total2...... 18 23 12.0 More than M inch...... X Seed Head: “Total”—the sum of severe, major, and minor defects. Longer than 1 inch or objectionable regardless of size...... X ______T able V II (b)—Whole L eaf; Cut L eaf Styles CHOPPED STYLE Grass and Weeds (Aggregate measurement) Number of defects For container size: No. 2M (sample unit size—15 ozs.) permitted (1) Green, fine, tender stringlike blades and stems: in a sample unit Sample Minch or less...... X ...... average More than M inch but not more than 2inches...... X ...... Upper Maximum value More than 2 inches...... X Grade classification Defect classification limit allowed for (2) Green and coarse: (UL) deviants Minch or less...... X ...... More than M inch...... X (3) Other than green—of any texture or kind: U.S. Grade A ...... ____ Severe...... 1 3 0.375 Any amount...... i ...... X Major______5 8 2.25 Seed Head—Pieces affect appearance or eating Total2...... 10 14 6.0 quality: U.S. Grade B ...... ____ Severe...... 2 4 0.75 More than slightly but not materially...... X ...... Major______10 14 6.0 Materially...... X ...... Total2...... 26 32 18.0 Seriously...... X 2 “ Total”—the sum of severe, major, and minor defects. 3747

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3748 RULES AND REGULATIONS

T able V II(c)—Whole L eaf; Cot L eaf Style pieces of leaves from the water and place on their respective screen. Number of defects (2) Chopped style. Place the sample For container size: No. 10 (sample unit size—30 ozs.) permitted in a sample unit Sample unit, approximately one ounce at a time, ------— average in water in a deep grading tray. Remove Upper Maximum value the loose stem material and place on a Grade classification Defect classification limit allowed for (U L ) deviants dry sieve as mentioned under (a) (1) of this section. Pour the remaining leaf ma­ terial on another sieve. Repeat until the U.S. Grade A ...... Severe. 2 4 0.75 Major.. 8 12 4.5 stem material has been removed from Total2. 18 23 12.0 the entire sample unit. U.S. Grade B ...... - Severe. 4 6 1.5 Major.. 18 23 12.0 (b) Drained weight of separated ma­ Total2. 47 55 30.0 terial. (1) Allow the leaf material and stem material to drain for 2 minutes 2 “ Total”—the sum of severe, major, and minor defects. from the time the separation has been T able VIII(a)—Chopped Style completed. (2) Weigh separately: (i) The screen Number of defects and leaf material, and (ii) the screen For container sizes: Less than No. 2 (sample unit size—2 ozs.) permitted in a and stem material. The weight of the sample unit Sample ------average screen and leaf material minus the Upper Maximum value weight of the screen is the weight of the Grade classification Defect classification limit allowed for leaf material. The weight of the screen (U L ) deviants and stem material minus the weight of the screen is the weight of stem material. U.S. Grade A ...... Severe...... 1 2 0.26 (c) Calculations. The percent of stem Major______... 4 6 1.50 Minor (grass and weeds). 4 7 2.0 material is the weight of drained stem Total2______22 27 15.0 material divided by the sum of the U.S. Grade B ...... -...... - ...... Severe...... 2 3 0.50 Major______8 11 4.0 weights of drained stem material and Minor (grass and weeds). 10 14 6.0 drained leaf material. Total2...... 51 50 40.0 Weight of stem material , . . . ,----- „ . . . ■. — Percent of 2 “Total”—the sum of severe, major, and minor defects including minor grass and weeds. W eigh t of stem m aterial + gt material. w eight of leaf m aterial T able V III(b)—Chopped Style L o t A c c e p t a n c e Number of defects § 52.1913 Lot acceptance for drained For container size: No. 2J^ (sample unit size—3 ozs.) permitted in a sample unit Sample weights. ------— average Upper Maximum value A lot of canned spinach is considered Grade classification Defect classification limit allowed for as meeting the minimum drained (U L ) deviants weights when the following criteria are met: U.S. Grade A ...... Severe...... — 1 3 0.376 (a) The average of the drained Major...... — 5 8 2.25 Minor (grass and weeds). 6 9 3.0 weights from all the containers in the Total2. ______.___ 31 38 22.5 sample meets the average drained weight U.S. Grade B ...... Severe...... 2 4 0.76 Major..______10 14 6.0 in Table I of this subpart (designated Minor (grass and weeds). 14 19 9.0 74 85 60.0 as X a) ; and Total2...... (b) The number of deviants for drained weight do not exceed the ap­ 2 “Total”—the sum of severe, major, and minor defects including minor grass and weeds. plicable acceptance number specified in T able V III(c)—Chopped Style the single sampling plan in the Regu­ lations Governing Inspection of Proc­ Number of defects essed Fruits, Vegetables, and Related For container size: No. 10 (sample unit size—6 ozs.) permitted in a sample unit Sample Products (§§ 52.1 to 52.87). ------— — average Upper Maximum value § 52.1914 Lot acceptance for quality. Grade classification Defect classification limit allowed for (U L ) deviants A lot of canned spinach shall be con­ sidered as meeting the quality require­ ments for the applicable grade when the U.S. Grade A. Severe______2 4 0.75 M ajor.....______• 8 12 4.5 following criteria are met: Minor (grass and weeds). 10 14 6.0 (a) Flavor and odor. All sample units Total2______57 66 45.0 U.S. Grade B. Severe______4 6 L50 meet the requirements for flavor ana Major“...... 18 23 12.0 or, Minor (grass and weeds). 26 32 18.0 Total2...... - 140 153 m o (b) Stem material. (1) The number sample units which exceed the upper tits (UL) for stem material as appn- 2 “Total”—the sum of severe, major, and minor defects including minor grass and weeds. ole for the grade (deviants), specified A scertaining P e r c e n t a g e o f (ii) Place the sample unit of spinach Table VI, does not exceed the ac- S t e m M a t e r ia l in water in a deep grading tray. With Dtance number specified for the sapP gentle agitation, separate the leaves. Re­ e in the Single Sampling Plan of tne § 52.1912 Method for ascertaining per­ igulations Governing Inspection oi centage o f stem material. move the individual leaves from the water and cut the attached stem off just ocessed Fruits, Vegetables, and ite- (a) Method for separation— (1) « d Products (§§ 52.1 to 52.87). Whole leaf; cut leaf styles, (i) Have below the last point of attachment of (2) Deviants for stem material a available two dry, previously weighed leaf material. rmitted in addition to the deviants U.S. Standard No. 8 circular sieves con­ (iii) Place the stem material on one owed for other quality factors. taining 8-meshes to the inch (0.0937, sieve and the leaf material on another (c) Color, character, damage, harm ±3 percent, square openings), not to ex­ sieve. Remove all detached stems and \s extraneous material. (1) . the r of sample units which exceed ceed 8 inches in diameter. pieces of stem and detached leaves and

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 RULES AND REGULATIONS 3749 upper limit (UL) for these defects for (2) The sample average values for the 90.4 percent favored quotas for the mar­ the applicable grade (deviants), speci­ various defect classifications specified in keting year beginning August 1, 1970. fied in Tables v n (a ), V ll(b ), V II(c ), Tables VII(a), VH(b), VII(c), VIII(a), Therefore, rice marketing quotas will be v n i(a ), v n i(b ), and V III(c ), does not V IIK b ), and V III(c ) are not exceeded; in effect for the 1970-71 marketing year. exceed the acceptance number specified and (Secs. 354, 375, 52 Stat. 61, as amended, 66, for the sample size in the Single Sam­ (3) No sample unit exceeds the maxi­ as am ended; 7 U.S.C. 1354, 1375) pling Plan of the Regulations Governing mum number of defects allowed for devi­ Inspection of Processed Fruits, Vege­ ants as specified in Tables V IH a), V II Effective date. Upon publication in the tables, and Related Products (§§ 52.1- (b), V T I(c), V in (a ), V IIK b ), and V III F e d e r a l R e g is t e r . 52.87) ; and (c). Signed at Washington, D.C., on Feb­

T a l l y S h e e t ruary 17, 1970. § 52.1915 Tally sheet for canned spinach. C a r r o l l G . B r u n t h a v e r , Acting Administrator, Agricul­ tural Stabilization and Con­ ______I 1 " , I No., size, kind of container servation Service. Container mark or identification: [F.R. Doc. 70-2347; Filed, Feb. 25, 1970; 8:50 a.m .] ...... I ...... I...... Chapter IX— Consumer and Market­ ______1 . ______Average ______!______ing Service (Marketing Agreements 1 and Orders; Fruits, Vegetables, Defects Nuts), Department of Agriculture [N avel Orange Reg. 198] Sample unit Sample unit

Quality factors j PART 907— NAVEL ORANGES o GROWN IN ARIZONA AND DESIG­ 5? Sample-average Severe Severe Minor Major Minor § value NATED PART OF CALIFORNIA I Limitation of Handling Color...... § 907.498 Navel Orange Regulation 198. Damage.....:......

j (a) Findings. (1) Pursuant to the marketing agreement, as amended, and Order No. 907, as amended (7 CFR Part Minor Minor Severe

[ [ Major 1 907, 33 F.R. 15471), regulating the han­ dling of Navel oranges grown in Arizona and designated part of California, effec­ tive under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and upon the basis of the recommenda­ Stem material...... 5 P 25%...... \...... % ...... _% tions and information submitted by the J /0 Navel Orange Administrative Commit­ tee, established under the said amended Flavor and odor: 1 marketing agreement and order, and Good____ upon other available information, it is Objectionable...... ,| ! 1 . hereby found that the limitation of handling of such Navel oranges, as here­ The U.S. Standards for Grades of Canned Spinach (which is the fourth issue) inafter provided, will tend to effectuate contained in this subpart shall become effective 30 days after publication hereof the declared policy of the act. in the F e d e r a l R e g is t e r . (2) It is hereby further found that it Dated: February 17,1970. . is impracticable and contrary to the pub­ G . R . G r a n g e , lic interest to give preliminary notice, Deputy Administrator, engage in public rule-making procedure, Marketing Services. and postpone the effective date of this [F.R. Doc. 70-2210; Filed, Feb. 25, 1970; 8:45 a.m.] section until 30 days after publication hereof in the F e d e r a l R e g is t e r (5 U.S.C. 553) because the time intervening be­ Chapter VII— Agricultural Stabiliza­ for rice for the 1970-71 marketing year tween the date when information upon tion and Conservation Service and announced that a referendum would which this section is based became avail­ (Agricultural Adjustment), Depart­ be held during the period January 19 able and the time when this section must to 23, 1970, each inclusive, by mail ballot ment of Agriculture become effective in order to effectuate in accordance with Part 717 of this the declared policy of the act is insuffi­ SUBCHAPTER B— FARM MARKETING QUOTAS chapter. cient, and a reasonable time is permitted, AND ACREAGE ALLOTMENTS Since the only purpose of § 730.1506 is under the circumstances, for preparation PART 730— RICE to announce the referendum result, it is for such effective time; and good cause hereby found and determined that com­ exists for making the provisions hereof Subpart— 1970—71 Marketing Year pliance with the notice, public procedure, effective as hereinafter set forth. The and 30-day effective date provisions of 5 committee held an open meeting during PROCLAMATION OP RESULTS OF MARKETING U.S.C. 553 is unnecessary. the current week, after giving due notice Q u o t a R e f e r e n d u m § 730.1506 Proclamation o f the results thereof, to consider supply and market Section 730.1506 is issued to announce of the rice marketing quota referen­ conditions for Navel oranges and the e results of the rice marketing quota dum for the marketing year 1970—71. need for regulation; interested persons lerendum for the marketing year Au- were afforded an opportunity to submit In a referendum of farmers engaged S“® 1970> through July 31,1971, under information and views at this meeting; in the production of rice of the 1969 crop the recommendation and supporting in­ e Provisions of the Agricultural Ad­ held by mail ballot during the period justment Act of 1938, as amended. The formation for regulation during the pe­ January 19 to 23, 1970, each inclusive, riod specified herein were promptly sub­ ecretary proclaimed a marketing quota 13,964 voted. Of those voting, 12,629, or mitted to the Department after such

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 No. 39- 3750 RULES AND REGULATIONS meeting was held; the provisions of this tween the date when information upon February 2, 1903, as amended, the Act of section, including its effective time, are which this section is based became avail­ March 3, 1905, as amended, the Act of identical with the aforesaid recommen­ able and the time when this section must September 6, 1961, and the Act of July 2, dation of the committee, and informa­ become effective in order to effectuate 1962 (21 U.S.C. 111-113, 114g, 115, 117, tion concerning such provisions and the declared policy of the act is insuffi­ 120, 121, 123-126, 134b, 134f), Part 76, effective time has been disseminated cient, and a reasonable time is permitted, Title 9, Code of Federal Regulations, re­ among handlers of such Navel oranges; under the circumstances, for prepara­ stricting the interstate movment of it is necessary, in order to effectuate the tion for such effective time; and good swine and certain products because of declared policy of the act, to make this cause exists for making the provisions hog cholera and other communicable section effective during the period herein hereof effective as hereinafter set forth. swine diseases, is hereby amended in the specified; and compliance with this sec­ The committee held an open meeting following respects: tion will not require any special prepara­ during the current week, after giving 1. In § 76.2, in paragraph (e) (4) re­ tion on the part of persons subject hereto due notice thereof, to consider supply lating to the State of Illinois, subdivision which cannot be completed on or before and market conditions for Valencia or­ (iii) relating to Greene County is the effective date hereof. Such commit­ anges and the need for regulation; in­ amended to read : tee meeting was held on February 24, terested persons were afforded an op­ (e) * * * 1970. portunity to submit information and (4) Illinois. (b) Order. (1) The respective quan­ views at this meeting; the recommenda­ * * * * * tities of Naval oranges grown in Arizona tion and supporting information for reg­ (iii) That portion of Greene County and designated part of California which ulation during the period specified herein comprised of Linder, Rockbridge, Rubi­ may be handled during the period Feb­ were promptly submitted to the Depart­ con, and Wrights Townships. ruary 27, 1970, through March 5, 1970, ment after such meeting was held; the * * * * * are herby fixed as follows : provisions of this section, including its 2. In § 76.2 paragraph (e) (9) relating (1) District 1: 948,000 cartons. effective time, are identical with the to the State of Missouri is amended to (ii) District 2: 240,000 cartons. aforesaid recommendation of the com­ read: (iii) District 3: 12,000 cartons. mittee, and information concerning such (e) * * * (2) As used in this section, “handled,” provisions and effective time has been (9) Missouri, (i) That portion of “District 1,” “District 2,” “District 3,” disseminated among handlers of such Dunklin County bounded by a line be­ and “carton” have the same meaning as Valencia oranges; it is necessary, in or­ ginning at the junction of State Highway when used in said amended marketing der to effectuate the declared policy of 53 and the Missouri-Arkansas State line; agreement and order. the act, to make this section effective thence, following State Highway 53 in during the period herein specified; and a southeasterly direction to State High­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. compliance with this section will not re­ 601-674) way B; thence, following State Highway quire any special preparation on the part B in a westerly direction to State High­ Dated: February 25, 1970. of persons subject hereto which cannot way BB; thence, following State High­ P a u l A . N i c h o l s o n , be completed on or before the effective way BB in a westerly direction to the Deputy Director, Fruit and date hereof. Such committee meeting Missouri-Arkansas State line; thence, Vegetable Division, Consumer was held on February 24,1970. following the Missouri-Arkansas State and Marketing Service. (b) Order. (1) The respective quanti­ line in a generally northwesterly direc­ ties of Valencia oranges grown in Ari­ tion to its junction with State Highway [F.R. Doc. 70-2467; Filed, Feb. 25, 1970; zona and designated part of California 11:25 a.m.] 53. which may be handled during the period (ii) That portion of Scott County February 27, 1970, through March 5, bounded by a line beginning at the junc­ [Valencia Orange Reg. 300] 1970, are hereby fixed as follows; tion of County Road JJ, County Road P PART 908— VALENCIA ORANGES (1) District 1: Unlimited; and the Scott-Cape Girardeau County (ii) District 2: Unlimited; line; thence, following County Road JJ GROWN IN ARIZONA AND DESIG­ (iii) District 3; 105,009 cartons. NATED PART OF CALIFORNIA in an easterly direction to the Missouri (2) As used in this section, “handler,” Pacific Railroad track; thence, following Limitation of Handling “District 1,” “District 2,” “District 3,” the Missouri Pacific Railroad track in a and “carton” have the same meaning southeasterly direction to Ditch No. 19; § 908.600 Valencia Orange Regulation as when used in said amended marketing 300. thence, following Ditch No. 19 in an agreement and order. easterly direction to the Caney Creek, (a) Findings. (1) Pursuant to the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. thence, following the west bank of Caney marketing agreement, as amended, and 601-674) Creek in a southerly direction to the Ben- Order No. 908, as amended (7 CFR Part Dated: February 25, 1970. ton-Oran Gravel Road; thence, following 908), regulating the handling of Valen­ the Benton-Oran Gravel Road in a gen­ cia oranges grown in Arizona and desig­ P a u l A . N i c h o l s o n , erally easterly direction to U.S. Highway nated part of California, effective under Deputy Director, Fruit and 61; thence, following U.S. Highway 61 the applicable provisions of the Agri­ Vegetable Division, Consumer in a southwesterly direction to State cultural Marketing Agreement Act of and Marketing Service. Highway 91; thence, following State 1937, as amended (7 U.S.C. 601-674), [F.R. Doc. 70-2468; Filed, Feb. 25, 1970; Highway 91 in a westerly direction to tne and upon the basis of the recommenda­ 11:25 a.m.] Scott-Stoddard County line; thence, toi- tions and information submitted by the lowing the Scott-Stoddard County line Valencia Orange Administrative Com­ in a generally northerly direction to tne mittee, established under the said Title 9— ANIMALS AND Scott-Cape Girardeau Count y_lwe^ amended marketing agreement and thence, following the Scott-Cape Gira order, and upon other available infor­ ANIMAL PRODUCTS deau County line in a northerly directio mation, it is hereby found that the limi­ Chapter I— Agricultural Research to its junction with County Road JJ tation of handling. of such Valencia County Road P. oranges, as hereinafter provided, will Service, Department of Agriculture 3 In §76.2, in paragraph (e) tend to effectuate the declared policy of SUBCHAPTER C— INTERSTATE TRANSPORTATION relating to the State of North Carolina the act. OF ANIMALS AND POULTRY subdivision (ii) elating, to Greene and (2) It is hereby further found that it Lenoir Counties, subdivision (^ ) relating is impracticable and contrary to the pub­ PART 76— HOG CHOLERA AND OTHER COMMUNICABLE SWINE to Pasquotank County, and subdi lic interest to give preliminary notice, (vii) relating to Wilson County DISEASES engage in public rule-making procedure, deleted. . and postpone the effective date of this Areas Quarantined 4 In § 76.2 in paragraph (e) 1 section until 30 days after publication la ting to the State ot Oklahoma, a MW Pursuant to provisions of the Act of hereof in the F e d e r a l R e g is t e r (5 U.S.C. subdivision (iii) relating to Se 553) because the time intervening be­ May 29, 1884, as amended, the Act of FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 RULES AND REGULATIONS 3751 and Pottawatomie Counties is added to Illinois; a portion of Dunklin County in stituting a deposit shall be considered read: Missouri; and portions of Pottawatomie interest.” In applying this provision on (e) * * * and Seminole Counties ïn Oklahoma be­ and after March 1, 1970, the Board of (13) Oklahoma. * * * cause of the existence of hog cholera. Governors will regard premiums (iii) The adjacent portions of Semi­ This action is deemed necessary to pre­ (whether in the form of merchandise, nole and Pottawatomie Counties bounded vent further spread of the disease. The credit, or cash) given by member banks by a line beginning at the junction of restrictions pertaining to the interstate to their depositors as an advertising or' U.S. Highway 270 and State Highway 56; movement of swine and swine products promotional expense rather than a pay­ thence, following State Highway 56 in a from or through quarantined areas as ment of interest if (a) the premium is generally southwesterly direction to contained in 9 CFR Part 76, as amended, given to a depositor only at the time of State Highways 99, 3; thence, following will apply to such counties. the opening of a new account or an State Highways 99, 3 in a generally west­ The Amendments also exclude portions addition to an existing account; (b) the erly direction to State Highway 39; of Wilson, Pasquotank, Greene, and premium is not given to any depositor on thence, following State Highway 39 in a Lenoir Counties in North Carolina; all a recurring basis; and (c) the value of westerly direction to State Highway 59; of Nueces and Wilson Counties and a the premium or, in the case of articles thence, following State Highway 59 in a part of Harris County in Texas from the of merchandise, the wholesale cost (ex­ northerly direction to U.S. Highway 177; areas heretofore quarantined because of cluding shipping and packaging costs) thence, following U.S. Highway 177 in hog cholera. Therefore, the restrictions does not exceed $5, except that the value a northerly direction to U.S. Highway pertaining to the interstate movement or wholesale cost may be not more than 270; thence, following U.S. Highway 270 of swine and swine products from or $10 if the amount of the deposit is $5,000 in a southeasterly direction to its junc­ through quarantined areas as contained or more. tion with State Highway 56. in 9 CFR Part 76, as amended, will not 5. In § 76.2, in paragraph (e) (16) re­ apply to the excluded areas, but will § 217.148 Information regarding com­ putation o f interest on deposits. lating to the State of Texas, subdivision apply to the quarantined areas described (i) is amended and a new subdivision in § 76.2. Further, the restrictions per­ Section 217.6(f) of the Board’s Regu­ (xii) relating to Harris County is added taining to the interstate movement from lation Q, relating to payment of interest to read: nonquarantined areas contained in said on deposits, provides: (e) * * * Part 76 will apply to the areas excluded ( f ) Accuracy of advertising. N o m em ber (16) Texas, (i) Dallas, Palls, Fayette, from quaratine. bank shall make any advertisement, an­ Henderson, Houston, Lee, and Upshur Insofar as the amendments impose nouncement, o r solicitation relating to the Counties. certain further restrictions necessary to interest paid on deposits that is inaccurate * * * * * prevent the interstate spread of hog or misleading or that misrepresents its cholera they must be made effective im­ deposit contracts. (xii) That portion of Harris County mediately to accomplish their purpose bounded by a line beginning at the junc­ Within the spirit of this provision and in in the public interest. Insofar as they re­ tion of Interstate Highway 10 and the order to avoid misunderstandings on the lieve restrictions, they should be made part of its customers, every member bank Harris-Port Bend County line; thence, effective promptly in order to be of maxi­ following Interstate Highway 10 in an should inform the holder of a time or mum benefit to affected persons. easterly direction to the Harris-Cham- savings account at the time of the open­ Accordingly, under the administrative bers County line; thence, following the ing of such account as to the method procedure provisions in 5 U.S.C. 553, it Harris-Chambers County line in a that will be used in computing and pay­ is found upon good cause that notice and ing interest on the account, including northwesterly direction to the Harris- other public procedure with respect to Liberty County line; thence, following any provision for nonpayment of inter­ the amendments are impracticable, un­ the Harris-Liberty County line in a est on deposits made after the beginning necessary, and contrary to the public northwesterly direction to the Harris- of an interest-payment period or with­ interest, and good cause is found for drawn before the end of such period. In Montgomery County line; thence, fol­ making them effective less than 30 days lowing the Harris-Montgomery County addition, if the bank subsequently makes after publication in the F e d e r a l line in a generally southwesterly direc­ a change in such method that will be R e g is t e r . tion to the Harris-Waller County line; less favorable to a depositor than the thence, following the Harris-Waller Done at Washington, D.C. this 20th previous method, notice of such change County line in a northwesterly direction day of February 1970. should be mailed to each depositor at his to the northwest comer of Harris County last known address. R. J. A n d e r s o n , and continuing along this line in a Acting Administrator, (12 U.S.C. 248(1). Interprets and applies 12 southeasterly direction to the Harris- Agricultural Research Service. U.S.C. 371a, 371b, and 461) Port Bend County line; thence, follow­ [F.R. Doc. 70-2346; Filed, Feb. 25, 1970; By order of the Board of Governors, ing the Harris-Port Bend County line in February 12,1970. a southeasterly direction to its junction 8:49 a.m .] with Interstate Highway 10. [ s e a l ] K e n n e t h A . K e n y o n , 6. In § 76.2, in subparagraph (e) (17) Deputy Secretary. relating to the State of Virginia, sub­ [F.R. Doc. 70-2311; Filed, Feb. 25, 1970; division (i) relating to City of Virginia Title 12— BANKS AND BANKING 8:47 a.m.] Beach County is amended to read: Chapter II— Federal Reserve System (e) * * * (17) Virginia, (i) That portion of SUBCHAPTER A— BOARD OF GOVERNORS OF THE Chapter V— Federal Home Loan Bank City of Virginia Beach County com­ FEDERAL RESERVE SYSTEM Board prised of Lynhaven Borough. [Reg. Q ] SUBCHAPTER B— FEDERAL HOME LOAN BANK PART 217— INTEREST ON DEPOSITS SYSTEM 4~7, 23 Stat. 32, as am ended, secs. 1, 2, [N o. 23,835] q+ 791-792, as am ended, secs. 1-4, 33 Premiums; Method of Computing ¿01 1264, 1265, as am ended, sec. 1, 75 Stat. Interest PART 526— LIMITATIONS ON RATE *81, secs. 3 and 11, 76 Stat. 130, 132; 21 TJ.S.C. ioc 112, 113> 114S> U 5 , 117, 120, 121, 123- § 217.147 Premiums not considered pay­ OF RETURN 1-26, 134b, 134f; 29 F.R. 16210, as am ended) ment of interest. Amendments Relating to Effective date. The foregoing amend­ Section 217.2(b) of the Board’s Regu­ Give-Aways ments shall become effective upon lation Q, relating to the payment of in­ issuance. terest on deposits, provides that, for pur­ F e b r u a r y 19,1970. amendments quarantine a portion poses of the regulation, “any payment Resolved that the Federal Home Loan or City of Virginia Beach County in Vir- to or for the account of any depositor as Bank Board, upon the basis of its consid­ ™ a; a Portion of Greene County in compensation for the use of funds con­ eration of the advisability of amending

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3752 RULES AND REGULATIONS

Part 526 of the regulations for the Fed­ By the Federal Home Loan Bank date of said amendment would likewise eral Home Loan Bank System (12 CFR Board. be contrary to the public interest; and Part 526) for the purpose of imposing the Board hereby provides that said [ s e a l ] J a c k C a r t e r , certain limitations on member institu­ Secretary. amendment shall become effective as tions with respect to the use of give­ hereinbefore set forth. aways, hereby amends §§ 526.1 and 526.2 [F.R. Doc. 70-2342; Filed, Feb. 25, 1970; 8:49 a.m .] By the Federal Home Loan Bank of said Part 526 as follows, effective Board. March 1, 1970: 1. Section 526.1 is amended by revising SUBCHAPTER C— FEDERAL SAVINGS AND LOAN [ s e a l ] J a c k C a r te r , paragraph (f) thereof and by adding a SYSTEM Secretary. new paragraph (i), to read as follows: [N o. 23,817] [F.R. Doc. 70-2341; Filed, Feb. 25, 1970; § 526.1 Definitions. 8:49 a.m.] PART 545— OPERATIONS As used in this Part 526— [N o. 23,836] H« s}c sjc $ $ Amendment Relating to Investment in (f) Return. The term “return” means National Housing Partnerships SUBCHAPTER D— FEDERAL SAVINGS AND LOAN any dividend, interest, distribution, pay­ F e b r u a r y 17, 1970. INSURANCE CORPORATION ment, give-away, or other economic ben­ Resolved that the Federal Home Loan PART 563— OPERATIONS efit received by an account holder or any Bank Board, upon the basis of considera­ other person on or with respect to a tion by it of the advisability of amending Amendment Relating to savings account, except as otherwise pro­ Part 545 of the rules and regulations for Give-Aways vided in § 526.2. the Federal Savings and Loan System F e b r u a r y 19, 1970. * * * * * (12 CFR Part 545) for the purpose of (i) Give-away. The term “give-away” implementing the authority contained Resolved that the Federal Home Loan means any premium (whether in the in section 416(b) of Public Law 91-152, Bank Board, upon the basis of its con­ form of merchandise, credit, or cash) approved December 24, 1969, which sideration of the advisability of amend­ given by a member institution to induce amended section 5(c) of the Home Own­ ing § 563.24 of the rules and regulations the opening of a new savings account or ers’ Loan Act of 1933 to authorize Fed­ for Insurance of Accounts (12 CFR an addition to an existing savings eral savings and loan associations to § 563.24) for the purpose of eliminating account. make certain investments relating to certain restrictions on the use of give­ 2. Section 526.2 is amended by adding National Housing Partnerships, hereby aways by insured institutions, hereby a new paragraph (f), to read as follows: amends said Part 545 by adding a new amends said § 563.24 by revising it to § 545.9-3, immediately after § 545.9-2 read as follows, effective March 1, 1970: § 526.2 Maximum rate o f return. thereof, to read as follows, effective Feb­ § 563.24 Sales plans ; give-aways. * * * * * ruary 25,1970: ( f ) Give-aways. In calculating the rate Every applicant for insurance which of return on a savings account, the value § 545.9—3 Investments in corporations uses salesmen, sales agencies, surplus and partnerships authorized by title of give-away shall not be included as certificates, or other sales plans shall IX o f the Housing and Urban Devel­ submit, with its application, full details part of the return on such account if: opment Act of 1968. (1) The give-away is given in connec­ thereof. No insured institution shall, tion with a promotional campaign to Without regard to any other provision directly or indirectly enter into, extend, increase savings accounts and not on a of this part, a Federal association which or renew any contract, agreement, un­ recurring basis; and has a charter in the form of Charter K derstanding, or arrangement that au­ (2) The value of the give-away, which (rev.) or Charter N may invest an ag­ thorizes or permits any person other shall be its cost to the member institu­ gregate amount not exceeding 1 percent than such institution itself to promise, tion (excluding shipping and packaging of its assets in : offer, or give a give-away, or to pay or costs, if applicable), does not exceed— (a) Shares of stock issued by the Na­ absorb any of the cost of a give-away (i) $5, for the opening of a new ac­ tional Corporation for Housing Partner­ promised, offered, or given for or in con­ count, or for an addition to an existing ships or by any other corporation created nection with the solicitation, the open­ account, of less than $5,000. pursuant to title IX of the Housing and ing, or any increase of any account in such institution, or which authorizes or (ii) $10, for the opening of a new ac­ Urban Development Act of 1968; count, or for an addition to an existing (b) Limited partnership interests in permits any person other than such in­ account, of $5,000 or more. The National Housing Partnership or in stitution itself to pay or to absorb any any other limited partnership formed of the cost of any give-away advertising (Sec. 5B, 47 Stat. 727, as added by sec. pursuant to section 907(a) of that Act; for or in connection with any such solic­ 4, 80 Stat. 824, as am ended; sec. 17, 47 Stat. itation, opening, or increase; and no 736, as am ended; 12 U.S.C. 1425b, 1437. Reorg. and Plan No. 3 of 1947, 12 F.R. 4981, 3 CFR, 1943- (c) Any partnership, limited partner­ such institution shall accept the opening 48 Comp., p. 1071) ship, or joint venture formed pursuant to or any increase of any account for or in section 907 (c) of that Act. connection with which any person other Resolved further that, since affording than such institution gives a give-away notice and public procedure on the above (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. or pays or absorbs any of the cost of any amendments would delay the amend­ 1464. Reorg. P la n No. 3 of 1947, 12 F.R. 4981, 3 CFR, 1943-48 Comp., p. 1071) give-away advertising, or of any give­ ments from becoming effective for a pe­ away given, for or in connection with riod of time and since it is in the public Resolved further that, since affording any such solicitation, opening, or in­ interest that the amendments become notice and public procedure on the above crease. As used in this section: the term effective without such delay, the Board amendment would delay the amendment “give” means to give, to sell or dispose hereby finds that notice and public pro­ from becoming effective for a period of of for less than full monetary value or cedure thereon are contrary to the pub­ time and since it is in the public interest with any agreement or undertaking, lic interest under the provisions of 12 for the additional authority granted in contingent or otherwise, for repurchase CFR 508.11 and 5 U.S.C. 553(b); and, the amendment to become effective with­ or redemption, whether total or partial, for the same reason, the Board also finds out delay, the Board hereby finds that Dr to offer, promise, or agree to do any that publication of such amendments notice and public procedure on said Df the foregoing; the term “give-away for the 30-day period specified in 12 CFR amendment are contrary to the public in­ means any money, property, service, or 508.14 and 5 U.S.C. 553(d) prior to the terest under the provisions of 12 CFR Dther thing of value, whether tangible effective date thereof would likewise be 508.11 and 5 U.S.C. 553(b) ; and for the or intangible; and the term “account contrary to the public interest; and the same reason the Board also finds that Board hereby provides that the amend­ publication of said amendment for the kviAAnn nvt n on m iY lf /vf GY1 111 S11 TílblG ^Vü6. ments shall become effective as herein­ 30-day period specified in 12 CFR 508.14 (Secs. 402, 403, 48 Stat. 1256, 1257, before set forth. and 5 U.S.C. 553(d) prior to the effective amended; 12 U.S.C. 1725, 1726. Reorg. Plan

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 RULES AND REGULATIONS 3753

No. 3 Of 1947, 12 F.R. 4981, 3 CFR, 1943-48 specific serial numbers by individual [Airworthiness Docket No. 69-WE-29-AD; Comp., p. 1071) telegrams dated February 5,1970. Arndt. 39-943] Resolved further that, since the above These conditions still exist and the PART 39— AIRWORTHINESS amendment is for the purpose of reliev­ airworthiness directive is hereby pub­ DIRECTIVES ing restriction, the Board hereby finds lished in the F e d e r a l R e g is t e r as an that notice and public procedure on the Amendment to § 39.13 of Part 39 of the General Dynamics Model 30 and amendment are unnecessary under the Federal Aviation Regulations to make it 30A Airplanes provisions of 12 CFR 508.11 and 5 U.S.C. effective as to all persons. 553(b) ; and, since the amendment re­ Pursuant to the authority of the Fed­ Pursuant to the authority delegated to lieves restriction, publication of the eral Aviation Act of 1958, as amended, me by the Administrator (31 F.R. 13697), amendment for the 30-day period speci­ delegated to me by the administrator, an airworthiness directive was adopted fied in 12 CFR 508.14 and 5 U.S.C. 553(d) the following airworthiness directive ap­ on January 30, 1970, and made effective prior to the effective date of the amend­ plicable to AiResearch Model TPE331-1 immediately as to all known U.S. opera­ ment is unnecessary; and the Board and -2 S/N engines: 90005, 90009, 90010, tors of General Dynamics Model 30 and hereby provides that the amendment 90011, 90014, 90016, 90017, 90018, 90019, 30A airplanes. This directive amends shall become effective as hereinbefore 90022, 90023, 90024, 90027, 90028, 90029, Amendment 39-917 (35 F.R. 307), AD 70-1-4. set forth. 90030, 91003, 91004, 91005, 91006, 91009, 91011, 91013 through 91021, 91023, 91024, Since it was found that immediate cor­ By the Federal Home Loan Bank 91025, 91027, 92001, 92002, 92003, 92004, rective action was required, notice and Board. 92005, 92007, 92010, 92012, 92013, 92014, public procedure thereon was impractica­ [ s e a l ] J a c k C a r t e r , 92016 through 92027, 93007, 93008, 93009, ble and contrary to the public interest Secretary. 93010; installed in but not limited to and good cause existed for making the Mooney MU-2, Merlin 2B, Volpar Turbo­ airworthiness directive effective imme­ [F.R. Doc. 70-2343; Filed, Feb. 25, 1970; liner, and Short Skyvan aircraft is effec­ diately as to all known U.S. operators of 8:49 a.m .] tive upon receipt of this telegram. This General Dynamics Model 30 and 30A directive necessary because of a serious airplanes by individual telegram dated engine failure caused by backing off of January 30, 1970. These conditions still the high speed pinion retaining nut. To exist and the airworthiness directive Title 14— AERONAUTICS AND detect and prevent engine failures from amending Amendment 39-917 (35 F.R. this cause, the following is required: 307), AD 70-1-4, is hereby published in SPACE (A ) Within 10 hours time in service unless the F e d e r a l R e g is t e r as an amendment previously accomplished, within the last 15 to § 39.13 of Part 39 of the Federal Avia­ Chapter I— Federal Aviation Admin' hours time in service, and at intervals not tion Regulations to make it effective as istration, Department of Transpor­ to exceed 25 hours time in service thereafter, to all persons. tation remove the engine oil filter and inspect the Pursuant to the authority of the Fed­ filter for metal particles. If an abnormal eral Aviation Act of 1958, delegated to [Airworthiness Docket No. 70-WE-6-AD; quantity of metal particles is found, ac­ Arndt. 39-944] complish Item (C) before further operation me by the Administrator, the following of the engine. At each inspection a replace­ amendment to Airworthiness Directive PART 39— AIRWORTHINESS ment filter must be installed and the filter 70-1-4 applicable to operators of Gen­ DIRECTIVES which was removed shall be returned for eral Dynamics Corp. Models 30 and 30A laboratory examination to AiResearch or to airplanes certificated in all categories is AiResearch Turboprop Engine a facility approved by the Chief, Aircraft effective immediately upon receipt of this TPE331-1 and -2 Engineering Division, Western Region. Any telegram because of new technical in­ finding of unacceptable metal contamination formation received since issuance of that Pursuant to the authority delegated to by AiResearch or other approved facility will be communicated to the owner or operator AD. After issuing amendment 39-917 (35 me by the Administrator C31 F.R. 13697) F.R. 307), AD 70-1-4, the Agency has an airworthiness directive was adopted and the FAA. Upon receipt of such notice the engine shall then not be operated until determined that the repair specified un­ on February 5, 1970, and made effective Item (C) is accomplished. 25 hours oil filter der paragraph (b) (2) is not as effective immediately as to all known United special inspections may be discontinued upon as previously believed; that this repair States operators of aircraft with certain completion of Item (C ). also prevents adequate reinspection of serial number AiResearch Model (B) Within 10 hours time in service, in­ the affected area of the aft tang, and that TPE331-1 and -2 turboprop engines in­ stall a placard in full view of the pilot to an alternative rework and inspection stalled in, but not limited to Mooney read: “If abrupt and complete loss of torque indication occurs, shut down the engine and procedure for the beam cap must be pre­ MU-2, Merlin 2B, Volpar Turboliner and scribed due to the unavailability of kits Short Skyvan aircraft. AiResearch Serv­ determine the cause.” This placard may be removed when Item (C) is accomplished. necessary for compliance with paragraph ice Bulletin No. 587, dated February 5, (C) Within 150 hours time in service unless (c) (1) of the AD. 1970, or later FAA-approved revision, previously accomplished, rework or replace This telegram deletes the requirement describes an acceptable repair or modi­ the high speed pinion gear shaft assembly, fication procedure to correct the problem. P / N 869337-2, —3, or -4 , in accordance w ith for the steel reinforcement installed on AiResearch Service Bulletin No. 587, dated cracked tangs in accordance with para­ The directive requires an initial and graph (b) (2) (i) of AD 70-1-4; requires repetitive inspection of the engine oil Febru ary 5, 1970, or later FA A -approved revisions. that the crack in any tang be routed out vfr an(^ ttie installation of a placard instead of stop drilled as prescribed by This amendment is effective upon pub­ which requires that if abrupt and com­ Service Bulletin 57-9 dated September lication in the F e d e r a l R e g is t e r for all plete loss of torque indication occurs, the 22, 1969; requires the rework of cracked engine be shutdown and the cause de­ persons except those to whom it was beams having cracks with certain maxi­ termined. The oil filter inspection may made effective immediately by telegram dated February 5, 1970. mum limits, and prescribes repetitive he discontinued and the placard removed inspection programs if an airplane with alter an appropriate modification to the engine. (Secs. 313(a), 601, 603, Federal Aviation Act a cracked tang or cracked beam cap is to o f 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. be continued in service prior to the in­ Since it was found that immediate cor- 6(c), Department of Transportation Act, 49 U.S.C. 1655(c)) stallation of the defined beam cap rein­ ttiikvVe action was required, notice and forcement. puDiie proce^ure thereon was impracti- Issued in Los Angeles, Calif., on Feb­ Lai and contrary to the public interest G e n e r a l D y n a m ic s C orp. Applies to Models ruary 13, 1970. 30 and 30A airplanes. Effective immedi­ cause existed for making the L e e E . W a r r e n , ately upon receipt of this telegram, AD mjy.01^'^ness directive effèctive im- Acting Director, 70-1-4 is amended as follows: a£! all known operators of FAA Western Region. A. Revise paragraph (b) (1) (ii) to read: AiResearch Model [F.R. Doc. 70-2295; Filed, Feb. 25, 1970; Install the beam cap reinforcement specified 331-1 and -2 turboprop engines by 8:46 a.m .] in paragraph (c) (1).

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3754 RULES AND REGULATIONS

B. Revise paragraph (b) (2) to read: If (Secs. 313(a), 601, 603, Federal Aviation Act (b) For airplanes which have had installed cracks are found which are confined to the o f 1958, 49 U.S.O. 1354(a), 1421, 1423; sec. the obsolete fuselage lower main attachment beam tang: (i) Within the next 50 hours’ 6(c), Department of Transportation Act, 49 bolts listed in table (1 below, at the next time in service, remove any steel tang rein­ U.S.C. 1655 (c) ) wing removal after the effective date of this forcement previously installed per General AD, replace the obsolete bolts with the re­ Dynamics Service Bulletin 57-9 and, unless Issued hi Los Angeles, Calif., on Feb­ placement bolts listed in table (2) below: previously accomplished, remove all evi­ ruary 13,1970. (1) (2 ) dence of cracking or any stop drilling by L e e E . W a r r e n , routing with a 0.50 radius router in accord­ Acting Director, Replacement Bolts ance with Detail K on Convair Drawing No. FAA Western Region. Obsolete Bolt P/Ns P/N s 30-17827. Verify by dye penetrant or eddy 14JFS.15 14FS.6669 [F.R. Doc. 70-2296; Piled, Peb. 25, 1970; current technique that all evidence of crack­ 14.PS.3985 14FS.6669 8:46 a.m .] ing has been removed, (ii) Rework any newly 14.PS.6399 14FS.6669 detected tang cracks by routing as prescribed 14.2PS.1555 14.2FS.575 in (b) (2) (i). (iii) At intervals not to ex­ [Docket No. 10035; Arndt. 39-948] RD.14W.173ND RD.14FS.274 ceed 250 hours’ time in service following any RD.14W.175ND RD.14FS.275 rework per (i) or (ii) above, reinspect such PART 39— AIRWORTHINESS RD.14PS.262 RD.14FS.271 reworked areas by eddy current of dye pene­ DIRECTIVES RD.14PS.259 RD.14PS.272 trant technique to determine whether any RD.14FS.260 RD.14PS.273 new cracking has developed. If sufficient Hawker Siddeley Heron Model D.H. RD.14FS.165 RD.14FS.273 tang material remains, any new cracking which is detected may be routed out per (i ), 114 Airplanes (c) For airplanes which have had installed the obsolete fuselage lower main attachment above. If cracking has progressed into spar A proposal to amend Part 39 of the cap, rework per (b) (3) below, (iv) The re­ bolts listed in table (1) below, at the next inspection of any spar tang which has been Federal Aviation Regulations to include wing removal after the effective date of this reworked so as to remove all indication of an airworthiness directive applicable to AD ream the wing center section spar boom cracking may be discontinued when the spar Hawker Siddeley Heron Model D.H. 114 lugs and main spar lower pick up fittings in cap is reinforced per (c) (1) below. airplanes, superseding Amendment 39- accordance with Hawker-Siddeley repair drawings RD.14PS.263 and RD.14PS.270, and C. Amend paragraph (b) (3) to read: If 157, AD 60-12-2, was published in the replace the obsolete bolts with the replace­ cracks are found in the beam cap and any F e d e r a l R e g is t e r , 34 F.R. 20277. The ment bolts listed in table (2) below: such crack does not exceed a total area of proposed AD requires cleaning and in­ 0.50 square inch or does not extend chord- spection of the main spar lower pick up (1) (2) wise along the upper surface of the beam fittings, the center section lower boom R e p la ce m e n t B o lt cap for more than 0.75 inch: (i) Remove lugs, and the wing-to-fuselage lower all evidence of cracking by routing with a Obsolete Bolt P/Ns P/N s router having a minimum radius of 0.50 main attachment bolts; reworking dam­ RD.14PS.254 RD.14PS.271 inch. The cross sectional area removed by aged areas or replacing damaged parts; RD.14FS.232 RD.14FS.272 routing must not exceed 0.50 square inch. replacing obsolete fuselage lower main RD.14FS.223 RD.14PS.273 Break all sharp corners and polish all routed attachment bolts with replacement bolts; (d) For airplanes which have had installed surfaces and confirm by eddy current or dye and cleaning, protecting, and sealing the fuselage lower main attachment bolts other penetrant technique that no evidence of wing-to-fuselage lower joint upon re­ than those listed as either obsolete or re­ cracking remains, (ii) At intervals not to assembly of the wing to the fuselage. placement bolts in paragraphs (b) and (c), exceed 50 hours’ time in service, reinspect at the next w in g rem oval after the effective all beam caps which have been reworked Interested persons have been afforded date of this AD report the part number of per (b) (3) (i), above, using dye penetrant an opportunity to participate in the mak­ the installed bolts to the Chief, Aircraft Cer­ or eddy current technique to determine that ing of the amendment. No objections tification Staff, FAA, Europe, Africa, and no new cracking has developed, (iii) The re­ were received. Middle East Region to obtain the identifi­ inspection program required by paragraph In consideration of the foregoing, and cation of the required replacement bolts (re­ (b) (3) (ii) may be discontinued when the pursuant to the authority delegated to porting approved under Bureau of Budget beam cap reinforcement is installed per No. 04.R0174). Upon receipt of notice giving (c ) (1) below: me by the Administrator (14 CFR 11.89), the part numbers of the required replace­ D. Add paragraph (b) (4) to read: If § 39.13 of the Federal Aviation Regula­ ment bolts, and prior to reassembling the cracks are found in the beam cap extending tions is amended by adding the following wing to the fuselage, install the replacement beyond the limitations specified in (b) (3) bolts specified in the notification. above, the beam must be replaced with a new new airworthiness directive: , (e) Upon reassembly of the wing to the beam prior to fu rth er flight. H a w k e r S id d e l e y . Applies to Heron. Model fuselage following completion of the actions E. The inspection required by this AD may D.H. 114 Airplanes. required by paragraphs (a) through (d), be discontinued for any uncracked landing clean, protect, and seal the wing-to-fuselage Compliance is required as indicated. gear support beam or for any support beam lower joint in accordance with Hawker Sid­ which has been reworked as prescribed To reduce the possibility of fatigue failure deley Technical News Sheet Heron (114) No. above when the beam is reinforced in ac­ of the wing-to-fuselage lower main root joint W.9, Issue 4, dated February 24, 1969, or an cordance with paragraph (2) (c) of General assembly, accomplish the following: FAA-approved equivalent. Dynamics1 Service Bulletin 57-9, dated Sep­ (a) Within the next six months after the (f) For purposes of computing the com­ tember 22, 1969, or later FAA-approved re­ effective date of this AD, unless accomplished pliance times for this AD, the inspection, vision, or an equivalent reinforcement ap­ within the last 4 years and 6 months, once rework, replacement of defective parts, and proved by the Chief, Aircraft Engineering thereafter within 5 years since the last in­ protection and sealing accomplished in ac­ Division, PAA Western Region. The installa­ spection, and thereafter at intervals not to cordance w ith A D 60-12-2 before the effec­ tion of machine tapered straps on the MLG exceed 6,750 hours’ time in service or 7 years tive date of this AD may be considered the beam flanges described in General Dynamics since the last inspection, whichever occurs last prior accomplishment of paragraph (a) Service Bulletin No. 57-3, dated September first, remove the wings, clean and inspect o f this AD. 21, 1962, or later PAA-approved revision, or the main spar lower pick up fittings, the This supersedes Amendment 39-157, an equivalent approved installation must be center section spar lower boom lugs, and 60-12-2. accomplished prior to or concurrently with the wing-to-fuselage lower main attachment becomes effective the rework of Service Bulletin 57-9. bolts for corrosion, fretting, and fatigue ’his amendment P. A further amendment of this AD will cracks. Rework the damaged areas as neces­ rch 28,1970. be accomplished at such time as new service sary or replace the damaged parts with serv­ cs. 3 1 3 (a), 601, 603, Federal Aviation Act bulletin information is issued by the manu­ iceable parts of the same part number except 1958, 49 U.S.C. 1354(a), 1421, 1423; sec- facturer or any additional requirements or for the obsolete fuselage lower main attach­ ), Department of Transportation Act, »» clarifications are found necessary.” ment bolts noted in paragraphs (b ), (c ), and .C. 1 6 5 5(c)) This amends Amendment 39-917 (35 P.R. (d). The requirements of this paragraph ssued in Washington, D.C., on Febru- 307), AD 70-1-4. must be accomplished in accordance with Hawker Siddeley Technical News Sheet Heron 18,1970. This amendment is effective Febru­ (114) No. W.9, dated February 24, 1969, or an E d w a r d C. H o d s o n , ary 26, 1970, and was effective upon re­ FAA-approved equivalent, except that mag­ Acting Director, netic particle and dye penetrant inspection Flight Standards Service. ceipt for all recipients of the telegram methods may be employed in lieu of the crack a. Doc. 70-2297; Filed, Feb. 25, 1970, dated January 30,1970, which contained testing method called for in that Technical this amendment. News Sheet. 8:46 a.m.]

FEDERAL REGISTER, V O L 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 RULES ANO REGULATIONS 3755

[Airspace Docket No. 69—SO-64] ence VOR 052« and 232* radials, extending [Airspace Docket No. 70-WA-9] from the 5-mile radius zone to 8.5 miles PART 71 — DESIGNATION OF FEDERAL northeast of the VOR. PART 73— SPECIAL USE AIRSPACE AIRWAYS, CONTROLLED AIRSPACE, In §71.181 (35 F.R. 2134), the Flor­ Designation of Prohibited Area AND REPORTING POINTS ence, S.C., transition area is amended to The purpose of this amendment to Designation of Transition Area read: Part 73 of the Federal Aviation Regula­ F lo r e n c e , S.C. tions is to designate a prohibited area On January 8, 1970, a notice of pro­ That airspace extending upward from 700 near Thurmont, Md. posed rule making was published in the feet ataove the surface w ith in an 8.5-mile The Federal Aviation Administration F ederal R e g is t e r (35 F.R. 324), stating radius of Florence Municipal Airport (lat. has been requested to prohibit the flight that the Federal Aviation Administra­ 34”11'17" N„ long. 79*43'28" W .). of aircraft in the vicinity of the Naval tion was considering an amendment to (Sec. 307(a), Federal Aviation Act of 1958, Support Facility, Thurmont, Md. In or­ Part 71 of the Federal Aviation Regula­ 49 U.S.C. 1348(a); sec. 6(c), Department of der to provide adequate safeguards for tions that would designate the Tulla- Transportation Act, 49 U.S.C. 1655 (c )) the protection of the aeronautical activ­ homa, Tenn., transition area. Issued in East Point, Ga., on Febru­ ity at this facility and persons or prop­ Interested persons were afforded an ary 16, 1970. erty on ground, the Administrator has opportunity to participate in the rule determined it necessary in the interest of making through the submission of com­ J a m e s G . R o g e r s , Director, Southern Region. safety to designate certain airspace ments. All comments received were above the Naval Support Facility, Thur­ favorable. [F.R. Doc. 70-2302; Filed, Feb. 25, 1970; 8:46 a.m .] mont, Md., as a prohibited area. In consideration of the foregoing, Part Since there is a requirement for the 71 of the Federal Aviation Regulations immediate adoption of this regulation, is amended, effective 0901 G.m.t., [Airspace Docket No. 69-SO-162] further notice and the public procedure April 30, 1970, as hereinafter set forth. are impracticable and good cause exists PART 71— designation o f f ed er a l In § 71.181 (35 F.R. 2134), the follow­ for making this regulation effective in ing transition area is added: AIRWAYS, CONTROLLED AIRSPACE, less than 30 days. AND REPORTING POINTS T u l l a h o m a , T e n n . In consideration of the foregoing, Part Alteration of Transition Area 73 of the Federal Aviation Regulations That airspace extending upward from 700 is amended as hereinafter set forth. feet above the surface within an 8.5-mile radius of Arnold A ir Force Station (lat. 35° On January 8, 1970, a notice of pro­ 1. Section 73.90 is added as follows: 23'33" N „ long. 86°05'10'' W .); w ith in 3 posed rule making was published in the P —40 T h u r m o n t , M d. miles each side of the Arnold VOR 216° F e d e r a l R e g is t e r (35 F.R. 323), stating Boundaries. That airspace within a one radial, extending from the 8.5-mile radius that the Federal Aviation Administra­ nautical mile radius of the Naval Support area to 8.5 miles southwest of the V O R . tion was considering an amendment to Facility, lat. 39°30'53" N., long. 77°28'01" W. Designated altitudes. Surface to 5,000 feet (Sec. 307(a), Federal" Aviation Act of 1958, Part 71 of the Federal Aviation Regula­ MSL. 49 U.S.C. 1348(a); sec. 6 (c ), D epartm ent of tions that would alter the Edenton, N.C., Time of designation. Continuous. Transportation Act, 49 U.S.C. 1655(c)) transition area. Using agency. Administrator, Federal Avia­ Issued in East Point, Ga., on February Subsequent to publication of the no­ tion Administration, Washington, D.C. 16,1970. tice Coast and Geodetic Survey refined This amendment becomes effective on the final approach bearings for the NDB J a m e s G . R o g e r s , February. 24, 1970, and is adopted under Director, Southern Region. (ADF) Runway 5 and NDB (ADF) Run­ the authority of Sec. 307(a) of the Fed­ way 19 standard instrument approach eral Aviation Act of 1958 (49 U.S.C. 1348) [P.R. Doc. 70-2301; Filed, Feta. 25, 1970; procedures from 216° and 350° to 218° 8:46 a.m .] and Sec. 6(c) of the Department of and 352° respectively. It is necessary to Transportation Act (49 U.S.C. 1655(c)). alter the description to reflect these [Airspace Docket No. 69-SO-158] changes. Since these amendments are Issued in Washington, D.C., on Feb­ ruary 24,1970. J PART 71— DESIGNATION OF FEDERAL minor in nature, notice and public pro­ cedure hereon are unnecessary and ac­ W i l l i a m M . F l e n e r , AIRWAYS, CONTROLLED AIRSPACE, Director, Air Traffic Service. AND REPORTING POINTS tion is taken herein to amend the descrip­ tion accordingly. * [F.R. Doc. 70-2464; Filed, Feb. 25, 1970; 10:10 a.m.] Alteration of Control Zone and In consideration of the foregoing, Part Transition Area 71 of the Federal Aviation Regulations On January 8, 1970, a notice of pro­ is amended, effective 0901 G.m.t., posed rule making was published in the April 30, 1970, as hereinafter set forth. Title 21— FOOD AND DRUBS F ederal R e g is t e r (35 F.R. 322), stating In § 71.181 (35 F.R. 2134), the Eden­ Chapter I— Food and Drug Adminis­ that the Federal Aviation Administra­ ton, N.C., transition area is amended to tration, Department of Health, Edu­ tion was considering an amendment to read: cation, and Welfare Fart 71 of the Federal Aviation Regula­ E d e n t o n , N.C. tions that would alter the Florence, S.C., SUBCHAPTER B— FOOD AND FOOD PRODUCTS control zone and transition area. That airspace extending upward from 700 feet above the surface within a 6.5-mile PART 120— TOLERANCES AND EX­ Interested persons were afforded an radius of Edenton Municipal Airport (lat. EMPTIONS FROM TO LERAN CES opportunity to participate in the rule 36*01'30"-N., long. 76°33'30'' W .); within 3 making through the submission of com- miles each side of the 218° and 352° bear­ FOR PESTICIDE CHEMICALS IN OR ents. All comments received were ings from Edenton RBN (lat. 36°01'33" N„ ON RAW AGRICULTURAL COM­ favorable. long. 76°33'57" W .), extending from the 6.5- MODITIES mile radius area to 8.5 miles southwest and n 1 consideration of the foregoing, Part north of the RBN. 0,0-Dlethyl O- [p-(Methylsulfinyl) 1 01 the Federal Aviation Regulations is (Sec. 307(a), Federal Aviation Act of 1958, phenyl] Phosphorothioate ^ ended’ effective 0901 G.m.t„ April 30, 49 U.S.C. 1348(a); sec. 6(c), Department of 197°, as hereinafter set forth. Transportation Act, 49 U.S.C. 1655(c)) A petition (PP 9F0789) was filed with In § 71.171 (35 F.R. 2054), the Florence, the Food and Drug Administration by Issued in East Point, Ga,, on Febru­ •, control zone is amended to read: Chemagro Corp., Post Office Box 4913, ary 16, 1970. Hawthorn Road, Kansas City, Mo. 64120, F lo r en c e, S.C. J a m e s G . R o g e r s , proposing the establishment of tolerances Director, Southern Region. inai a radius of Florence Munic- for residues of the insecticide and nem- (fat. 34°11'17" N„ long. 79«- [F.R. Doc. 70-2303; Filed, Feb. 25, 1970; aticide 0,0-diethyl O-Tp-(methylsulfi- w .), within 3 miles each side of Flor- 8:46 a.m .] nyl) phenyl] phosphorothioate in or on

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3756 RULES AND REGULATIONS the raw agricultural commodities pop­ the hearing. A hearing will be granted if application (12-350V) filed by Merck, corn, potatoes, sweet corn, and tomatoes the objections are supported by grounds Sharp & Dohme Research Laboratories, at 0.1 part per million. Subsequently, the legally sufficient to justify the relief Division of Merck & Co., Inc., Rahway, petitioner amended the petition by re­ sought. Objections may be accompanied N.J. 07065, and other relevant material, questing additional tolerances for the by a memorandum or brief in support concludes that § 121.210 should be subject pesticide in or on popcorn thereof. amended to provide for the safe and effective use of amprolium in the feed (forage and fodder) and sweet com (for­ Effective date. This order shall become age and fodder) at 1 part per million and of laying chickens for the prevention of effective on the date of its publication coccidiosis. Pending recodification of in meat, fat, and meat byproducts of in the F e d e r a l R e g is t e r . cattle, goats, and sheep at 0.02 part per previously established regulations in Part million. (Sec. 4 0 8 (d )(2 ), 68 Stat. 512; 21 U.S.C. 346a 121 under regulations to be established The Secretary of Agriculture has certi­ (d) (2),) under the provisions of section 512 (i) of fied that this pesticide chemical is use­ Dated: February 18, 1970. the Federal Food, Drug, and Cosmetic ful for the purposes for which the toler­ Act, this order is in accordance with ances are being established. R . E . D u g g a n , Acting Associate Commissioner § 3.517 New animal drugs; transitional Based on consideration given the data provisions re section 512 of the Act. submitted in the petition and other rele­ for Compliance. Therefore, pursuant to provisions of vant material, the Commissioner of Pood [F.R. Doc. 70-2286; Filed, Feb. 25, 1970; and Drugs concludes that: 8:45 a.m.] the Federal Food, Drug, and Cosmetic 1. Since finite residues of the pesticide Act (Sec. 512 (i), 82 Stat. 347; 21 U.S.C. chemical are not reasonably expected to PART 121— FOOD ADDITIVES 360b(i)), in accordance with § 3.517, and transfer to meat of hogs and horses or to under authority delegated to the Com­ eggs, milk, or poultry from the proposed Subpart C— Food Additives Permitted missioner (21 CFR 2.120), § 121.210(C) is uses, tolerances regarding these items are in Feed and Drinking Water of An­ amended by adding a new item to table unnecessary. The usage is classified in imals or for the Treatment of Food- 1, as follows: * the category specified in § 120.6(a) (3). Producing Animals 2. The tolerances established by this § 121.210 Amprolium. order will protect the public health* A m p r o l i u m * * ' * * * Therefore, pursuant to provisions of The Commissioner of Food and Drugs, the Federal Food, Drug, and Cosmetic having evaluated data submitted in an (C ) * * * Act (sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. 346a(d) (2)) and under authority T able 1—Amprolium pi Complete Chicken and T urkey Feed delegated to the Commissioner (21 CFR Indications for use Principal ingredient Grams Combined with— Grams Limitations 2.120), § 120.234 is revised to read as fol­ per ton lows to establish the subject tolerances: per ton § 120.234 0,0-Diethyl 0-[p-(methylsul- finyl)phenyl] phosphorothioate; tol­ 7.1 * * * Prevention of coccidi­ 8.1 Amprolium ______113.5______For laying chickens.. erances for residues. (0.0125%) osis. Tolerances are established for the com­ bined residues of the insecticide and Any person who will be adversely af­ PART 121— FOOD ADDITIVES nematicide 0,0-diethyl O-[p-(methyl- fected by the foregoing order may at any Subpart C— Food Additives Permitted sulfinyl) phenyl] phosphorothioate and time within 30 days from the date of its its cholinesterase-inhibiting metabolites in Feed and Drinking Water of An­ publication in the F e d e r a l R e g is t e r file in or on raw agricultural commodities as with the Hearing Clerk, Department of imals or for the Treatment of Food- follows: Health, Education, and Welfare, Room Producing Animals 1 part per million in or on field corn 5440, 330 Independence Avenue SW., (forage and fodder), popcorn (forage Washington, D.C. 20201, written objec­ COUMAPHOS and fodder), and sweet corn (forage and tions thereto, preferably in quintupli­ The Commissioner of Food and Drugs, fodder). cate. Objections shall show wherein the having evaluated the information sub­ 0.1 part per million in or on field com person filing will be adversely affected by mitted in an application (40-001V) filed (grain), onions (d ry), popcorn, potatoes, the order and specify with particularity by Chemagro Corp., Post Office Box 49lo, sweet corn, and tomatoes. the provisions of the order deemed ob­ Kansas City, Mo. 64120, and other rele­ 0.05 part per million in or on pineapples jectionable and the grounds for the ob­ vant material, concludes that § 12l-*> and pineapple forage. jections. If a hearing is requested, the should be amended (1) to provide for the 0.02 part per million (negligible resi­ objections must state the issues for the safe and effective use of coumaphos in due) in or on bananas. hearing. A hearing will be granted if the the feed of chickens for the control oi 0.02 part per million in meat, fat, and objections are supported by grounds specified gastrointestinal parasites and meat byproducts of cattle, goats, and (2) to include a uniform restriction re­ legally sufficient to justify the relief garding use of coumaphos in pelleted sheep. sought. Objections may be accompanied Any person who will be adversely af­ feeds. Pending recodification of previ­ fected by the foregoing order may at any by a memorandum or brief in support ously established regulations in Part l time within 30 days from the date of its thereof. under regulations to be established undei the provisions of section 512 (i) of the publication in the F e d e r a l R e g is t e r file Effective date. This order shall become with the Hearing Clerk, Department of Federal Food, Drug, and Cosmetic Act, effective on the date of its publication in Health, Education, and Welfare, Room this order is in accordance with § 3.517 the F e d e r a l R e g is t e r . 5440, 330 Independence Avenue SW., New animal drugs; transitional p ro ­ Washington, D.C. 20201, written objec­ (Sec. 512(i ), 82 Stat. 347; 21 U.S.C. 360b(i) ) visions re section 512 of the Act. tions thereto, preferably in quintupli- Therefore, pursuant to provisions o cate. Objections shall show wherein the Dated: February 13,1970. person filing will be adversely affected by the act (sec. 512( i ) , 82 Stat. 347, S a m D. F i n e , U.S.C. 360b (i)), in accordance witn the order and specify with particularity Acting Associate Commissioner the provisions of the order deemed ob­ for Compliance. § 3.517, and under authority delegated to jectionable and the grounds for the the Commissioner (21 CFR 2.120), objections. If a hearing is requested, the [F.R. Doc. 70-2285; Filed, Feb. 25, 1970; § 121.304(a) is revised to read as follows. objections must state the issues for 8:45 a.m .]

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 RULES AND REGULATIONS 3757

§ 121.304 Coumaphos (0,O-dietliyI 0-3-chIoro-4-methyl-2-oxo-2H-l-benzopyran-7- uted to users is accompanied by an in­ yl phosphorothioate) • struction sheet bearing complete cau­ ******* tionary labeling and instructions for safe (a) It is used as follows : use and handling of the individual rocket engines. Notice and public procedure and de­ Amount Limitations Indications for use layed effective date are unnecessary pre­ requisites to this promulgation, and I so 1. Coumaphos.. . 0.00012 lb. (0.054 gm.) For beef and dairy cattle; feed for the duration of As an aid in the per 100 lb. body fly season in a complete feed containing reduction of fecal find, since the Federal Hazardous Sub­ weight per day. 0.0033% or in a feed supplement containing not breeding flies stances Act contemplates such modifica­ over 0.0066% coumaphos; do not feed to through control of tion of labeling requirements under cer­ animals less than 3 months old; not for use in fly larvae. pelleted feeds. tain conditions. 2. Coumaphos.. . 0.0002 lb. (0.001 gm.) For beef and dairy cattle; feed 0.0002 lb. (0.091 Control of infestations per 100 lb. body gm.) per 100 lb. animal weight per day for 6 of gastrointestinal Effective date. This order shall be weight per day. days in a complete feed containing not over roundworms (genera effective upon publication in the F e d ­ 0.0056% coumaphos; not for use in pelleted Cooperia spp., feeds. Haemonchus spp., e r a l R e g is t e r . ■ Nematodirus spp., Ostertagia spp., (Sec. 3 ( c ) , 74 Stat. 374; 15 U.S.C. 1262) Trichostrongylus spp.). Dated: February 13, 1970. 3. Coumaphos.. . 36.3 gm. per ton For chickens in complete feed; administer con­ For control of capillary (0.004%). tinuously for from 10 to 14 days; do not feed worm (Capillaria S a m D. F i n e , to chickens under 8 weeks of age nor within 10 obsignata) and as an Acting Associate Commissioner days of vaccination or other conditions of aid in control of stress; when reinfection occurs, treatment common roundworm for Compliance. should be repeated 3 weeks after end of pre­ (Ascaridia galli) [F.R. Doc. 70-2287; Filed, Feb. 25, 1970; vious treatment; as sole medication; not for use and cecal worm in pelleted feeds. (Heterakis gallinae). 8:45 a.m .]

Any person who will be adversely af­ from certain of the labeling requirements fected by the foregoing order may at any of section 2 (p) (1) of the act. time within 30 days from the date of its Based on information submitted in the Title 47— TELECOMMUNICATION publication in the F e d e r a l R e g is t e r file request, and other relevant material, the Chapter I— Federal Communications with the Hearing Clerk, Department of Commissioner concludes that the ex­ Commission Health, Education, and Welfare, Room emption can be granted under certain 5440, 330 Independence Avenue SW., conditions. Because of the small size of [Docket No. 18772; FCC 70-174] Washington, D.C. 20201, written objec­ the individual propellant devices, it is PART 73— RADIO BROADCAST tions thereto, preferably in quintuplicate. necessary to select the limited wording Objections shall show wherein the per­ and information that would be of the SERVICES son filing will be adversely affected by most value to users. On this basis, the FM Broadcast Stations, Table of the order and specify with particularity information set forth below must be used Assignments, Fredericksburg, Tex. the provisions of the order deemed ob­ on the individual propellant devices, and jectionable and the grounds for the ob­ full labeling must accompany any retail In the matter of amendment of jections. If a hearing is requested, the containers and appear on any accom­ § 73.202, Table of Assignments, FM objections must state the issues for the panying literature that bears directions Broadcast Stations (Fredericksburg, hearing. A hearing will be granted if the for use. Accordingly, pursuant to provi­ T ex.), Docket No. 18772, RM-1457. objections are supported by grounds sions of the act (sec. 3(c), 74 Stat. 374; Report and Order. 1. The Commission legally sufficient to justify the relief 15 Ü.S.C. 1262) and under authority has before it for consideration its notice sought. Objections may be accompanied delegated to the Commissioner (21 CFR of proposed rule making, FCC 69-1378, by a memorandum or brief in support 2.120), § 191.63(a) is amended by adding issued in this proceeding on Decem­ thereof. a new subparagraph, as follows: ber 17,1969, and published in the F e d e r a l Effective date. This order shall become § 191.63 Exemption for small packages, R e g is t e r on December 24, 1969, 34 F.R. effective on the date of its publication minor hazards, and special circum­ 20216, inviting comments on a proposal m the F ed e r a l R e g is t e r . stances. to assign Channel 266 to Fredericksburg, Tex. This action was in response to a (Sec. 512(1), 82 Stat. 347; 21 UJS.C. 360 b(i) ) (a) * * * petition filed on May 19, 1969, and sup­ Dated: February 16,1970. (36) Individual toy rocket propellant plemented on July 9, 1969, by Gillespie devices and separate delay train and/or Broadcasting Co., licensee of Station S a m D . F i n e , recovery system activation devices in­ KNAF(AM), daytime-only, Fredericks­ Acting Associate Commissioner tended for use with premanufactured burg, Tex. for Compliance. model rocket engines are exempted from 2. Fredericksburg is located about 70 IF.R. Doc. 70-2284; Filed, Feb. 25, 1970; bearing the full labeling required by sec­ miles west of Austin and, with a popula­ 8:45 a.m .] tion 2(p) (1) of the act insofar as such tion of 4,629 persons, is the largest com­ requirements would otherwise be neces­ munity and county seat of Gillespie sary because the articles are flammable SUBCHAPTER D— HAZARDOUS SUBSTANCES County, population 10,048 (1960 U.S. or generate pressure: Provided, That: Census). The only local aural service PART 191— HAZARDOUS SUB­ (i) The devices are designed and con­ presently authorized in the county is STANCES: DEFINITIONS AND PRO­ structed in accordance with the specifi­ petitioner’s daytime-only AM station at cations in § 191.65(a) (8) or (9). Fredericksburg; there are no FM assign­ CEDURAL AND INTERPRETATIVE (ii) Each individual device or retail REGULATIONS ments in the county. Petitioner submits package of devices bears the following: that, in addition to Gillespie County, no Toy Rocket Propellant Devices (a) The statement “Warning—Flam­ FM assignments have been provided in mable: Read instructions before use.” the adjoining counties of Mason, Llano, The Commissioner of Food and Drugs (b) The common or usual name of the Blanco, and Kendall, and that the near­ has received requests from the National article. est FM stations to Fredericksburg are sociation of Rocketry, Washington, (c) A statement of the type of engine located 66 to 70 miles distant at San An­ and use classification. k ’ .an^ ^ tes Industries, Estes, Colo., tonio and Austin. It is alleged that much (d) Instructions for safe disposal. submitted pursuant to section 3(c) of the of the rural areas within the aforesaid (e) Name and place of business of counties have “ white” and “ gray” areas era^ Hazardous Substances Act and manufacturer or distributor. with respect to both AM and FM services, 1.62 of the regulations thereunder, to (iii) Each individual rocket engine or and that Fredericksburg has neither AM Xernpt toy rocket propellant devices retail package of rocket engines distrib­ nor FM nighttime service available.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 No. 39------3 3758 RULES AND REGULATIONS

3. According to petitioner’s engineer­ Adopted: February 18, 1970. is installed. The measurement program shall yield the following information: ing showing, the proposed assignment, Released: February 20, 1970. when based on anticipated Class C oper­ * * * * * ation of 100 kw. at 500 feet at a site about F e d e r a l C ommunications (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 7.5 miles northwest «£ Fredericksburg, C o m m i s s i o n , 47 U.S.C. 154, 303) would enable service to be provided to an [SEAL] B e n F . W a p l e , existing “ white” area of 3,350 square Secretary. Adopted: February 18,1970. miles and a “gray” area of 595 square [F.R . Doc. 70-2313; Filed, Feb. 25, 1970; Released: February 20,1970. miles, containing respective populations 8:47 a.m .] of 30,208 and 2,810 persons. It is indi­ F e d e r a l C ommunications cated that such an operation would pro­ C o m m i s s i o n , vide a first FM service to an area 372 [FCC 70-178] [ s e a l ] B e n F . W a p l e , Secretary. percent greater than would be possible PART 73— RADIO BROADCAST with maximum Class A facilities, 3 kw. SERVICES [F.E. Doc. 70-2315; Filed, Feb. 25, 1970; at 300 feet. The study further shows 8:47 a.m.] that limited areas would develop where Transmitter Performance Measure­ future assignment of Channels 265A, ments by FM Broadcast Stations [Docket No. 18685; FCC 70-177] 266, and 267 would be preempted, if the requested assignment were adopted. Order. 1. Paragraph (b) of § 73.254 of PART 73— RADIO BROADCAST However, it does not appear that the the rules sets forth the equipment per­ SERVICES areas affected include any community of formance measurements which must be comparable size that does not already made by the licensee of each FM broad­ Television Broadcast Stations, Table of have an FM assignment, or that does not cast station at least once each calendar Assignments, Wilmington, Del. year. These measurements must be made have a petition pending seeking a tech­ Report and Order. 1. On September 24, nically unrelated assignment. of the performance of the main trans­ mitter and of the alternate main trans­ 1969, the Commission adopted a notice 4. We find that sufficient showing has of proposed rule making, released Sep­ been made to clearly establish that Fred­ mitter, if any (see § 73.256). However, such measurements of auxiliary trans­ tember 26, 1969 (FCC 69-1045) in the ericksburg merits assignment of a first above-entitled matter, which proposed FM channel. We indicated in the notice mitter performance (see § 73.255) are not required. This exception was formerly the reservation of Channel 12 at Wil­ for this proceeding that a community of mington, Del., for noncommercial edu- the size involved here would ordinarily specifically stated in § 73.254(b), but the * cational use. Interested parties were be considered only for a Class A assign­ pertinent language was inadvertently afforded an opportunity to comment on ment. However, because of the relatively omitted when this paragraph was last or before November 4, 1969, and to reply isolated location of the community with revised in 1968. to such comments on or before Novem­ respect to other aural services, the an­ 2. It is the purpose of this proceeding to amend paragraph (b) to the extent ber 14, 1969. Brief comments were filed ticipated size of facilities that would be by W H YY, Inc. (W H Y Y ), the licensee installed and the significant showing as necessary to correct the above described of W H YY-TV , Channel 12 at Wilming­ to first and second full-time FM service omission. ton, and the Association of Maximum that would be provided thereby, we are 3. Since the contemplated amendment of the opinion that assignment of a Class is corrective and recognizes an exemp­ Service Telecasters, Inc. (M S T ). C instead of a Class A channel is justi­ tion, prior notice, rule making proceed­ 2. Wilmington, Del., with a population fied in this case. Further, potential pre­ ings and publication before the amend­ of 95,827 (located in New Castle County, clusion of needed assignments to other ment becomes effective are unnecessary population, 307,446, population figures communities, for which other channels (5 U.S.C. sec. 553). from 1960 U.S. Census) has assigned to it two unreserved television Channels, 12 are not available, is not indicated in this 4. Pursuant to the authority found in and 61. There is an application pending case. Finally, there were no opposing sections 4 (i), 303(g), and 303(r) of the for the use of Channel 61 by Rollins comments or counterproposals filed in Communications Act of 1934, as amend­ Broadcasting of Delaware, Inc., BPCT- response to the notice. In light of these ed: I t is ordered, That effective February favorable considerations, we conclude 3207. Since 1963 W H YY-TV has been 20, 1970, the introductory text of para­ providing a noncommercial educational that adoption of the proposed assignment graph (b) of § 73.254 is amended to read service to Wilmington and the greater of Channel 266 to Fredericksburg, Tex., as follows: will serve the public interest, and we are Delaware valley region, which includes, therefore adopting it. It is expected that § 73.254 Required transmitter perform­ in addition to Wilmington, among its any applications filed for the assignment ance. major communities, Philadelphia, Pa-» will be for facilities comparable to that #*.*#* and Camden and Trenton, N.J. Thus, considered in the showings provided by (b) The licensee of each FM broadcast Channel 12 has been used for over 6 the petitioner herein. It„should be noted station shall make equipment perform­ years as a noncommercial educational that a transmitter site for Channel 266 ance measurements at least once each station even though it is an unreserved will require a site at least 1 mile west calendar year: Provided, however, That channel. of the center of Fredericksburg to sat­ the dates of completion of successive 3. This proceeding was instituted at isfy the minimum spacing requirements sets of measurements shall be no more the same time as the acceptance for of the rules. than 14 months apart. One set of meas­ filing of an application by WHYY to 5. Authority for the adoption of the urements shall be made during the 4 move its transmitter location to the Phil­ amendment is contained in sections 4 (i), month period preceding the filing date adelphia antenna farm (at short separa­ 303, and 307(b) of the Communications of the application for renewal of station tions) . In this connection, paragraph z Act of 1934, as amended. license. Equipment performance meas­ of the notice stated: 6. In view of the foregoing determina­ urements for auxiliary transmitters are Whatever the merits of the proposal, since tions: It is ordered, That effective April not required. Equipment performance W HYY-TV is the only noncommercial edu­ 3, 1970, § 73.202 of the Commission’s measurements shall be made with equip­ cational station assigned to Delaware whic ment adjusted for normal program is on the air, it is desirable to assure tha rules and regulations is amended to in­ the channel will remain a Wilmington clude the following entry: operation and shall include all circuits signment (with the licensee having City Channel No. between the main studio microphone ligation to serve the needs and intere Fredericksburg, T ex______266 terminals and the antenna circuit, in­ that city and State), and will remain com mitted to educational use. 7. It is further ordered, That this pro­ cluding telephone lines, preemphasis 4. W H YY’s comment in this rule mak­ ceeding Is terminated. circuits and any equalizers employed, except for microphones, and without ing proceeding vigorously supports t (Secs. 4, 303, 307, 48 Stat., as amended, 1066, reserved designation for its operation, 1082, 1083 ; 47 U.S.C. 154, 303, 307) compression if a compression amplifier

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 RULES AND REGULATIONS 3759 maintaining that such a designation 9. I t is further ordered, That this pro­ The provisions of this special regula­ would assist it in its task and program of ceeding is terminated. tion supplement the regulations which bringing the Delaware valley region edu­ (Secs. 4, 303, 307, 48 Stat., as am ended, 1066, govern fishing on wildlife refuge areas cational television service in the present 1082, 1083; 47 U.S.C. 154, 303, 307) generally which are set forth in Title 50, and future. MST's brief comment in no Code of Federal Regulations, Part 33 and way opposes the reservation but does in­ Adopted: February 18, 1970. are effective through December 31, 1970. dicate that it intends to oppose the Released: February 20, 1970. R ic h a r d E . G r i f f i t h , shift of the transmitter site for W H Y Y - Regional Director, Bureau of TV, on short spacing grounds, in the F e d e r a l C ommunications o m m i s s i o n Sport Fisheries and Wildlife. separate proceeding considering the C , [ s e a l ] B e n F . W a p l e , WHYY application. F e b r u a r y 18, 1970. Secretary. 5: At this time, in this proceeding, the [F.R. Doc. 70-2290; Filed, Feb. 25, 1970; Commission makes no judgment con­ [F.R. Doc. 70-2314; Filed, Feb. 25, 1970; 8:45 a.m.] cerning the possible shift of the W H Y Y - 8:47 a.m .] TV transmitter site. We do, however, note the fact that W H YY has been bringing PART 33— SPORT FISHING Wilmington and the Delaware valley re­ Elizabeth Alexandra Morton National gion noncommercial educational service Title 50— WILDLIFE AND on Channel 12 since 1963, and thatr the Wildlife Refuge, N.Y. city of Wilmington has the possibility FISHERIES The following special regulation is is­ of its own local commercial television Chapter I— Bureau of Sport Fisheries sued and is effective on date of publica­ service on Channel 61. In view of the de tion in the F e d e r a l R e g is t e r . facto status of Channel 12 at Wilming­ and Wildlife, Fish and Wildlife ton as a noncommercial educational Service, Department of the Interior § 33.5 Special regulations; sport fish­ service since 1963, the quality and ing; for individual wildlife refuge PART 33— SPORT FISHING areas. importance of that service, the avail­ N e w Y o r k ability of commercial service in the area, Parker River National Wildlife Refuge, and the sound administrative policy of Mass. ELIZABETH ALEXANDRA MORTON NATIONAL having educational services broadcast on W ILDLIFE REFUGE The following special regulation is is­ reserved channels, we have come to the Sport fishing from the shore in tidal sued and is effective on date of publica­ conclusion that it is in the public interest waters and access thereto by walking is tion in the F e d e r a l R e g is t e r . to reserve Channel 12 for educational permitted on the Elizabeth Morton Na­ use at Wilmington. We note W H Y Y ’s § 33.5 Special regulations; sport fish­ tional Wildlife Refuge, Sag Harbor, N.Y., support and the absence of objection. ing; for individual wildlife areas. through December 31,1970. The refuge is 6. Authority for the action taken M assachusetts delineated on a map available at refuge herein is contained in sections 4 (i), 303, headquarters and from the office of the 307(b), and 316 of the Communications PARKER RIVER NATIONAL W ILDLIFE REFUGE Regional Director, Bureau of Sport Fish­ Act of 1934, as amended. Sport fishing on the Parker River Na­ eries and Wildlife, U.S. Post Office and *1. Accordingly, it is ordered, That ef­ tional Wildlife Refuge, Mass., is permit­ Courthouse, Boston, Mass. 02109. Sport fective April 3,1970, the Table of Assign­ ted from May 1 through October 15,1970, fishing shall be in accordance with all ments in § 73.606(b) of the Commission’s and'at other times by special permit from applicable state regulations. rules is amended, insofar as the city listed the Refuge Manager, in the Public Use The provisions of this special regula­ below is concerned, to read as follows: Area on the ocean side of Plum Island tion supplement the regulations which consisting of 218 acres extending from govern fishing on wildlife refuge areas City Channels the south boundary of the Swimming Wilmington, Del______* 12,61 generally, which are set forth in Title 50, and Bathing Area to the south boundary Code of Federal Regulations, Part 33, and 8. It is further ordered, That the licenseof the Refuge. This area is delineated on are effective through December 31, 1970. for WHYY-TV is modified to specify op­ maps available at refuge headquarters eration as a non-commercial educational and from the Regional Director, Bureau R ic h a r d E . G r i f f i t h , station on Channel *12 at Wilmington, of Sport Fisheries and Wildlife, U.S. Post Regional Director, Bureau of Del. The licensee will be expected to Office and Courthouse, Boston, Mass. Sport Fisheries and Wildlife. comply with all regulations pertaining 02109. Sport fishing shall be in accord­ F e b r u a r y 18, 1970. to such educational stations effective ance with all applicable State and Town April 3,1970. [F.R. Doc. 70-2289; Filed, Feb. 25, 1970; regulations. 8:45 a.m .]

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3760 Proposed Rule Making

amend the Regulations Governing the Southern Regioij, Room 724, 3400 Whip­ DEPARTMENT OF HEALTH, Meat Inspection of the U.S. Department ple Street, East Point, Ga. of Agriculture as specified above. The Jacksonville control zone de­ EDUCATION, AND WELFARE Any person who wishes to submit writ­ scribed in § 71.171 (35 F.R. 2054) would ten data, views, or arguments concern­ be redesignated as: Public Health Service ing the proposed amendment may do so Within a 5-mile radius of New River MCAS by filing them in duplicate with the (lat. 34°42'25'' N., long. 77°26'35" W.); [ 42 CFR Part 71 1 Hearing Clerk, U.S. Department of Agri­ within 3 miles each side of the 046° and 226° FOREIGN QUARANTINE culture, Washington, D.C. 20250, within bearings from New River RBN, extending 30 days after the date of publication o f from the 5-m ile radius zone to 8.5 miles northeast and southwest of the RBN; within Disinsecting of Aircraft this notice in the F e d e r a l R e g is t e r . All 2 miles each side of New River TACAN 236° written submissions made pursuant to Correction radial, extending from the 5-mile radius this notice will be made available for zone to 9.5 miles southwest of the TACAN; In F.R. Doc. 70-2015 appearing on page public inspection at the Office of the excluding the portion within R-5306C. 3119 in the issue for Wednesday, Febru­ Hearing Clerk during regular business ary 18, 1970, the word “not” should be hours (7 CFR 1.27(b)). The Jacksonville transition area de­ inserted between the words “ does” and scribed in § 71.181 (35 F.R. 2134) would Done at Washington, D.C., on Feb­ be redesignated as: “contain” in the penultimate line of the ruary 20,1970. first paragraph. That airspace extending upward from 760 R o y W. L e n n a r t s o n , feet above the surface w ithin an 8.5-mile Administrator. radius of New River MCAS (lat. 34°42'25'' N., long. 77°26'35'' W .); excluding the portion [F.R. Doc. 70-2345; Filed, Feb. 25, 1970; within R-5306B and C. DEPARTMENT OF AGRICULTURE 8:49 a.m.] The application of Terminal Instru­ Consumer and Marketing Service ment Procedures (TERPs) and current [ 9 CFR Part 327 1 airspace criteria to Jacksonville terminal DEPARTMENT OF area requires the following actions: MEAT INSPECTION C o n t r o l Z o n e Eligibility of Bulgaria and Romania TRANSPORTATION 1. Increase the extensions predicated for Importation of Meat Products Federal Aviation Administration on the 046° and 226° bearings from New Into the United States River MCAS RBN 2 miles in width and [ 14 CFR Part 71 1 0.5 mile in length. Notice is hereby given in accordance 2. Designate an extension predicated [Airspace Docket No. 70-SO-18] with the administrative procedure pro­ on New River MCAS TACAN 236° radial visions in 5 U.S.C. 553, that pursuant to 4 miles in width and 9.5 miles in length. the authority contained in the Federal CONTROL ZONE AND TRANSITION Meat Inspection Act (34 Stat. 1260, as AREA T r a n s i t i o n A r ea amended by the Wholesome Meat Act of Proposed Alteration 1. Revoke the present one in its 1967, 81 Stat. 584, 21 U.S.C. 601 et seq.) entirety. The Federal Aviation Administration the Consumer and Marketing Service 2. Designate an 8.5-mile basic radius is considering an amendment to Part 71 proposes to amend § 327.2 of the Federal circle predicated on New River MCAS. Meat Inspection Regulations (9 CFR 327) of the Federal Aviation Regulations that by changing paragraph (b) of that sec­ would alter the Jacksonville, N.C., con­ The proposed alterations are required tion to include the words “ Bulgaria” trol zone and transition area. to provide controlled airspace protection and “Romania” in alphabetical order in Interested persons may submit such for IFR operations in climb to 1,200 feet the list of countries specified therein written data, views or arguments as they above the surface and in descent from from which certain products (meat, meat may desire. Communications should be 1,500 feet above the surface. food product, and meat byproduct) may submitted in triplicate to the Federal This amendment is proposed under the be imported into the United States as Aviation Administration, Southern Re­ authority of section 307(a) of the Fed­ provided in said regulations. gion, Air Traffic Division, Post Office eral Aviation Act of 1958 (49 U.S.C. Statement of considerations. The Fed­ Box 20636, Atlanta, Ga. 30320. All com­ 1348(a)) and of section 6(c) of the De­ partment of Transportation Act (49 eral Meat Inspection Act prohibits the munications received within 30 days importation of meat products into the after publication of this notice in the U.S.C. 1655(c)). United States unless they comply with ’F e d e r a l R e g is t e r will be considered be­ Issued in East Point, Ga., on Feb­ all the inspection, building construction fore action is taken on the proposed ruary 13, 1970. standards, and all other provisions of the amendment. No hearing is contemplated at this time, but arrangements for in­ G o r d o n A. W i l l i a m s , Jr. Act and regulations issued thereunder Acting Director, Southern Region. applicable to meat products in commerce formal conferences with Federal Avia­ within the United States. The laws and tion Administration officials may be [F.R. Doc. 70-2298; Filed, Feb. 25, 1970; regulations of Bulgaria and Romania made by contacting the Chief, Airspace 8:46 a.m.] concerning these matters have been re- Branch. Any data, views, or arguments presented during such conferences must " viewed and found acceptable. Further, [ 14 CFR Part 71 1 actual observations of the export meat also be submitted in writing in accord­ inspection program in these countries ance with this notice in order to become [Airspace Docket No. 70-SW-7] part of the record for consideration. The indicate that they operate on a par with CONTROL ZONE AND TRANSITION proposal contained in this notice may be Federal inspection in the United States, changed in the light of comments AREA and that reliance can be placed upon received. Proposed Alteration certificates issued by their officials for The official docket will be available export of meat products to the United for examination by interested persons at The Federal Aviation Administration States. Accordingly, it is proposed to the Federal Aviation Administration, is considering amending Part 71 of t

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 PROPOSED RULE MAKING 3761

Federal Aviation Regulations to alter eral Aviation Act of 1958 (49 U.S.C. described prohibited area is proposed. controlled airspace in the Silver City, 1348) and of section 6(c) of the Depart­ This amendment is proposed under N. Mex., terminal area. ment of Transportation Act (49 U.S.C. the authority of section 307(a) of the Interested persons may submit such 1655(c)). Federal Aviation Act of 1958 (49 U.S.C. written data, views, or arguments as Issued in Fort Worth, Tex., on Feb­ 1348) and section 6(c) of the Depart­ they may desire. Communications should ruary 13,1970. ment of Transportation Act (49 U.S.C. be submitted in triplicate to the Chief, 1655(c)). A . L . C o u l t e r , Air Traffic Division, Southwest Region, Acting Director, Southivest Region. Federal Aviation Administration, Post Issued in Washington, D.C., on Feb­ ruary 17, 1970. Office Box 1689, Port Worth, Tex. 76101. [P.R. Doc. 70-2304; Piled, Feb. 25, 1970; W. M. F l e n e r , All communications received within 30 8:47 a.m .] Director, Air Traffic Service. days after publication of this notice in the F e d e r a l R e g is t e r will be considered [P.R. Doc. 70-2299; Piled, Feb. 25, 1970; before action is taken on the proposed [ 14 CFR Part 73 1 8:46 a m .] amendment. No public hearing is con­ [Airspace Docket No. 69-WE-71] templated at this time, but arrange­ [ 14 CFR Part 75 ] ments for informal conferences with PROHIBITED AREA Federal Aviation Administration offi­ Proposed Designation [Airspace Docket No. 69-SO-161] cials may be made by contacting the JET ROUTE SEGMENTS Chief, Air Traffic Division. Any data, The Federal Aviation Administration views, or arguments presented during is considering an amendment to Part 73 Proposed Designation such conferences must also be submitted of the Federal Aviation Regulations that in writing in accordance with this notice would designate a prohibited area at the The Federal Aviation Administration in order to become part of the record Rocky Mountain Arsenal, Denver, Colo. (FAA) is considering amendments to for consideration. The proposal con­ Interested persons may participate in Part 75 of the Federal Aviation Regu­ tained in this notice may be changed in the proposed rule making by submitting lations which would designate segments the light of comments received. such written data, views, or arguments of Jet Route Nos. 66 and 151. The official docket will be available as they may desire. Communications Interested persons may participate in for examination by interested persons at should identify the airspace docket num­ the proposed rule making by submitting the Office of the Regional Counsel, ber and be submitted in triplicate to the such writen data, views, or arguments Southwest Region, Federal Aviation Ad­ Director, Western Region, Attention: as they may desire. Communications ministration, Fort Worth, Tex. An in­ Chief, Air Traffic Division, Federal Avia­ should identify the airspace docket num­ formal docket will also be available for tion Administration, 5651 West Man­ ber and be submitted in triplicate to the examination at the Office of the Chief, chester Avenue, Post Office Box 92007, Director, Southern Region, Attention: Air Traffic Division. Worldway Postal Center, Los Angeles, Chief, Air Traffic Division, Federal Avia­ It is proposed to amend Part 71 of the Calif. 90009. All communications received tion Administration, Post Office Box Federal Aviation Regulations as here­ within 30 days after publication of this 20636, Atlanta, Ga. 30320. All communi­ cations received within 30 days after pub­ inafter set forth.”'- notice in the F e d e r a l R e g is t e r will be (1) In §71.171 (35 F.R. 2054), the considered before action is taken on the lication of this notice in the F e d e r a l Silver City, N. Mex., control zone is proposed amendment. The proposal con­ R e g is t e r will be considered before action amended to read: tained in this notice may be changed in is taken on the proposed amendments. the light of comments received. The proposals contained in this notice Silver Ci t y , N. M ex . An official docket will be available for may be changed in the light of comments Within a 5-mile radius of Silver City- examination by interested persons at the received. Grant County Airport (lat, 32°38'25'' N., Federal Aviation Administration, Office An official docket will be available for long. 108°09'15" W .), and w ith in 3 m iles examination by interested persons at the each side of the Silver City V O R 141° radial of the General Counsel, Attention: Rules Docket, 800 Independence Avenue SW., Federal Aviation Administration, Office extending from the 5-mile radius zone to 9 of the General Counsel, Attention: Rules miles southeast o f the V O R . T h is control Washington, D.C. 20590. An informal zone is effective du rin g the specific dates and docket also will be available for exami­ Docket, 800 Independence Avenue SW., times established in advance by a Notice to nation at the office of the Regional Air Washington, D.C. 20590. An informal Airmen. The effective date and tim e w ill Traffic Division Chief. docket also will be available for exami­ thereafter be continuously published in the nation at the office of the Regional Air I f the airspace action proposed in this Airman’s Information Manual. Traffic Division Chief. docket is adopted, a prohibited area The FAA is considering the following (2) In §71.181 (35 F.R. 2134), the would be designated as follows: Silver City, N. Mex., transition area is airspace actions: amended to read: R o c k y M o u n t a i n A r se n a l, D en v e r , C o l o . 1. Extend Jet Route No. 66 from Boundaries: Beginning at lat. 39°48'45" N„ Memphis, Tenn., to Rome, Ga., via the Silver Ci t y , N. M ex. long. 104°50'46" W.; to lat. 39°50'00'' N., intersection of the Memphis 096° T That airspace extending upward from long. 104°50'46" W.; to lat. 39°51'22" N., (091° M ) and Rome 286° T (285° M ) 700 feet above the surface within an 8-mile long. 104°50'18" W.; to lat. 39°51'22" N., radials. long. 104°48W' W.; to lat. 39°48'45" N., radius of Silver City-Grant County Airport 2. Extend Jet Route No. 151 from (lat. 32°38'25" N., long. 108o09'15'' W .), and long. 104°48'00" W.; to point of beginning. within 3.5 miles each side of the Silver City Designated altitudes: Surface to 7,000 feet Birmingham, Ala., to St. Louis, Mo., via VOR 141° radial extending from the 8-mile MSL. the intersection of the Birmingham 335° radius area to 10 miles southeast of the VO R ; Time of designation: Continuous. T (332° M ) and Farmington, Mo., 139° T Using agency: Commanding Officer, Rocky airsPace extending upward from (134° M ) radials; and Farmington. 1|200 feet above the surface within 6 miles Mountain Arsenal, Denver, Colo. The extension of J-66 from Memphis northeast and 9.5 m iles southwest of the The purpose of the proposed prohibited to Rome will provide an additional route Oliver City V O R 141” and 321° radials ex- area is to prohibit the flight of aircraft for turbojet aircraft operating between nding from 8 miles northwest to 29 miles southeast of the VOR. at low altitudes over the Rocky Moun­ the Memphis and Atlanta, Ga., terminal tain Arsenal toxic storage yards and the areas. Radar coverage is available along proposed alteration is required to toxic agent munitions facilities where the entire proposed route segment and provide controlled airspace for aircraft munitions and agents are either in stor­ will be utilized to insure that aircraft executing a revised VOR-1 instrument age or in process of disassembly and while operating along the proposed route approach procedure to Silver City-Grant detoxification. There is increasing con­ do not penetrate the Columbus No. 2 j Airport and to conform the con- cern that an aircraft could crash into ISJTA and Restricted Area R-2104A. roiied airspace to current criteria. the toxic agent storage or handling area The extension of J-151 will provide an a i, . ,^mendment is proposed under the with catastrophic results. To reduce this additional route for turbojet aircraft authority of section 307(a) of the Fed- probability, the designation of the above operating between St. Louis and the

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3762 PROPOSED RULE MAKING

Atlanta and various Florida terminal In support of the proposal, the peti­ matter of the petition for rule making. areas. Aircraft utilizing this route will tioner alleges that lighted cigars, cig­ Comments should be accompanied by be normally cleared at altitudes above arettes, and pipes present a fire hazard appropriate supporting data and infor­ the Columbus No. 4 ISJTA. owing to their close proximity to flam­ mation. The Administrator particularly These amendments are proposed under mable upholstery and interior trim and invites the submission of empirical data the authority of section 307(a) of the because buses carry volatile fuel. It is bearing on the propensity of buses to be Federal Aviation Act of 1958 (49 U.S.C. also alleged that smoking interferes with involved in highway accidents as the 1348) and section 6(c) of the Depart­ the driver’s ability to operate the bus result of smoking by drivers, passengers, ment of Transportation Act (49 U.S.C. safely, in that the act of lighting, smok­ or both. 1655(c)). ing, and extinguishing a cigarette dis­ Comments, identifying the docket tracts his attention from his duties, be­ number and the notice number, should Issued in Washington, D.C. on Febru­ cause smoking by passengers produces a be submitted in three copies to the Bu­ ary 17,1970. pall that can reduce driver visibility, reau of Motor Carrier Safety, Federal T. M cC o r m a c k , and because “ the ever-present danger of Highway Administration, 400 Seventh Acting Chief, Airspace and fire doubtless creates a nagging psycho­ Street SW., Washington, D.C. 20591. All Air Traffic Rules Division. logical distraction for many drivers.” comments received before the close of [F.R . Doc. 70-2300; Filed, Feb. 25, 1970; The petitioner contends that there are business on April 17, 1970, will be con­ 8:46 a.m .j adverse physiological effects upon per­ sidered by the Administrator before sons who breathe tobacco smoke. It is further action is taken. Both a copy of alleged that these effects reduce driver the petition for rule making and all com­ Federal Highway Administration efficiency, affect drivers’ abilities, and ments received will be available for [ 49 CFR Part 393 1 cause immediate and severe symptoms examination in the Rides Docket at the in drivers with specific respiratory or al­ above address before and after the clos­ [Docket No. MC-19; Notice No. 70-4] lergic conditions. Finally, the petitioner ing date for comments. SMOKING ON BUSES contends that smoking on buses may This notice of proposed rule making is generate potentially dangerous concen­ issued under the authority of section 204 Notice of Proposed Rule Making trations of carbon monoxide and other of the Interstate Commerce Act, as A petition for rule making has been dangerous gases in the interiors of those amended (49 U.S.C. 304), section 6 of filed by Mr. Ralph Nader, asking the vehicles. A memorandum on the medical the Department of Transportation Act Administrator to amend the Motor Car­ aspects of smoking as a hazard to non- smokers is annexed to the petition. (49 U.S.C. 1655), and the delegation of rier Safety Regulations to prohibit authority by the Secretary at 49 CFR smoking by occupants of buses subject To assist him in determining whether to the jurisdiction of the Federal High­ the Motor Carrier Safety Regulations 1.4(c). way Administration. The amendment to should be amended to prohibit operation Issued on February 16, 1970. Part 393 of title 49, CFR, would add a of buses while their occupants are smok­ F. C. T u r n e r , new section which would provide that Federal Highway Administrator. “No bus shall be driven while cigars, ing, the Administrator invites interested cigarettes, and pipes are being smoked persons to submit written data, views, or [F.R. Doc. 70-2294; Filed, Feb. 25, 1970; therein by passengers or drivers.”' arguments pertaining to the subject - 8:46 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3763 Notices

FUNCTIONS RELATING TO CONVEYANCE OF vided in 25 CFR 11.2(d) and by tribal DEPARTMENT OF THE INTERIOR BUILDINGS AND IMPROVEMENTS courts as provided by Law and Order Sec. Codes. Bureau of Indian Affairs 2.110 Conveyance of B u ildings and Im prove­ ments. Sec. 2.2 Appointment, Approval, and [Albuquerque Area Office Redelegation Removal of Judges. The appointment, FUNCTIONS RELATING TO FUNDS AND FISCAL O rder 2] approval, and removal of judges of MATTERS Courts of Indian Offenses pursuant to SUPERINTENDENTS ET AL., 2.120 In divid u al In d ian Moneys. the provisions of 25 CFR Part 11 and of ALBUQUERQUE 2.121 Approval of Employment of Attorneys judges of tribal courts as provided by for Individual Indians. Delegations of Authority; Revision Law and Order Codes. FUNCTIONS RELATING TO ROADS Sec. 2.3 Relocation Services to In ­ J a n u a r y 27, 1970. 2.130 Closing o f Roads. dians. Approval of third (or more) re­ Part 10 BIAM 4 was published at 34 2.131 Transfer of Jurisdiction for Mainte­ quest for relocation services for Indians F.R. 6934 (F.R. Doc. 89-4942) in the issue nance to States. applying under Employment Assistance 2.132 Agreements for Cooperation in Con­ program (25 CFR Part 34). of April 25, 1969. The purpose of this struction, etc. w ith State. document is to rescind that delegation S ec. 2.4 Deputy Special Officers’ P art 3— A u t h o r it y o f A rea P roperty a n d Commissions. The issuance of deputy of authority and substitute in lieu Su p p l y O fficer special officers’ commissions to persons thereof the following: FUNCTIONS RELATING TO PROCUREMENT working in law enforcement for the Albuquerque Area Office Redelegation Order 2 3.1 B u y In d ian Act. maintenance of law and order on Indian reservations. P art 1— G e n e r a l P art 1—G eneral Sec. FUNCTIONS RELATING TO LANDS AND 1.1 Authorities from the Area Director. Section 1.1 Authorities from the Area MINERALS 1.2 Future Delegations. Director. The authorities of the Com­ 1.3 Limitations. S e c . 2.11 Rights-of-Way. To the 1.4 Appeals. missioner of Indian Affairs delegated to the Area Director in 10 BIAM 3 are Superintendents of Jicarilla, Northern 1.5 Exceptions. and Southern Pueblos and Southern Ute 1.6 Authority of Assistant Area Directors. hereby redelegated to superintendents and school superintendents in the Albu­ Agencies only, the authority of the Area Part 2— A u t h o r it y o p A g e n c y Su p e r in t e n d ­ querque Area as set forth in Part II. Director relating to rights-of-way over ents a n d S c h o o l S uperintendents Indian lands pursuant to 25 CFR, Part Sec. 1.2 Future Delegations. This re­ FUNCTIONS RELATING TO SOCIAL SERVICES delegation does not include future 161, provided the form of instrument granting the particular right-of-way or 2.1 Approval of Sentences. delegations of authorities from the Com­ 2.2 Appointment, Approval, and Removal missioner to the Area Director unless easement has been approved by the Field of Judges. further provided. Solicitor, and provided further that no 2.3 Relocation Services to Indians. grant or renewal of a right-of-way shall S e c . 1.3 Limitations. Delegations of 2.4 Deputy Special Officers’ Commissions. authority made by this order are not be for an amount less than the fair mar­ FUNCTIONS RELATING TO LANDS AND MINERALS to be construed as depriving the Area ket value as appraised or approved by the Area Branch of Appraisals. 2.11 Rights-of-Way. Director of the authority conferred on ec 2.12 Preservation of Antiquities. him by the Commissioner of Indian S . 2.12 Preservation of Antiquities. 2.13 Mineral Leases and Permits. Affairs. The authority delegated to an The authority of the Area Director re­ 2.14 Surface Leases. employee is limited to those matters lating to the excavation of ruins and 215 Sales of Improvements on Tribal which are normally under his jurisdic­ archeological sites and the gathering of Lands. tion and for which he is responsible. objects of antiquity on Indian reserva­ functions r ela tin g to s o il a n d m o is t u r e Sec. 1.4 Appeals. Any action taken by tions purusant to 25 CFR 132. CONSERVATION any superintendent pursuant to this or­ S e c . 2.13 Mineral Leases and Permits. 2.40 Soil and Moisture Conservation. der shall be subject to the right of ap­ (a) To the Superintendents of Jicarilla, peal to the Area Director, Albuquerque Northern and Southern Pueblos, and FUNCTIONS RELATING TO INDIAN IRRIGATION Area Office. Any such appeal shall be Southern Ute Agencies only, the author­ PROJECTS made and processed in accordance with ity of the Area Director relating to the 2.50 Operation and Maintenance Orders. 25 CFR 2. granting of permission to negotiate per­ functions r elating to credit a n d f in a n c in g Sec. 1.5 Exceptions. The exceptions mits and leases of tribal and individually to the authorities delegated to the Area owned trust or restricted land for sand, 2.60 Loan Agreements and Modifications. gravel, pumice and building stone, and "■ 61 Enforcement Terms, Loan Agree­ Director in 10 BIAM 3.3 also apply here. ments. S e c . 1.6 Authority of Assistant Area the approval of permits and leases for 264 Approval of Partial Releases and Directors. The Assistant Area Directors sand, gravel, pumice, and building stone, Satisfactions. and persons authorized to act in their which provide for a duration not in 2.65 Accounting and Records Systems. stead during their absences may sever­ excess of five (5) years inclusive of any Loan Security. ally exercise any and all authority con­ provisions for extensions or renewals 2.67 Assignments of Trust Property. thereof. The authority conferred by (a) Release of Interests. ferred upon the Area Director by the Commissioner of Indian Affairs. of this section includes the approval or f u n c t io n s r e la tin g to tr ad in g w i t h other appropriate administrative action INDIANS P art 2— A uthority of A gency Super­ required on all subleases, assignments intendents and School Superin­ 280 Traders’ Licenses. of mining permits or mineral leases now tendents or hereafter in force on tribal or re­ FUNCTIONS r ela tin g to forest a n d r ange stricted allotted lands, bonds and other MANAGEMENT FUNCTIONS RELATING TO SOCIAL SERVICES 2.90 instruments required in connection with Forest Management. S ec. 2.1 Approval of Sentences. The 2.95 such leases, subleases, permits or assign­ Waiver of Technical Defects. approval of sentences imposed on Indian ments on materials set forth in (a ). The 2.96 Grazing Privileges. 2.97 employees of the Bureau of Indian A f­ acceptance of voluntary surrender of Sales of Grazing Privileges. fairs by courts of Indian Offenses as pro­ such leases by lessees, cancellation of

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3764 NOTICES leases for violation of the terms thereof, FUNCTIONS RELATING TO CREDIT AND general contract with such provisions and approval of agreements for settle­ FINANCING incorporated therein as the approving ment of claims for damages to Indian officer of the general contract shall Sec. 2.60 Loan Agreements and Modi­ stipulate. lands resulting from mineral operations. fications. The approval of applications (b) To the Superintendents of Jica- (c) Issue timber cutting permits on for and modifications of loans to indi­ approved forms pursuant to 25 CFR rilla, Northern and Southern Pueblos, viduals subject to the availability of and Southern Ute Agencies only, the au­ 141.19 (a) and (b), but not including funds pursuant to 25 CFR Part 91, pro­ paragraph (e). thority of the Area Director relating to viding amounts and conditions of loans oil and gas leases on tribal or individually (d) Hire temporary labor, rent equip­ shall be consistent with and shall not ment, purchase tools and supplies, and owned Indian lands pursuant to 25 CFR, exceed the limitations as set forth in Parts 171 and 172. This authority does pay for their transportation to extin­ Bureau approved declarations of policy guish forest or range fires pursuant to not apply to : and plans of operations and where the (1) The approval of leases of ceded 25 CFR 141.21. indebtedness of individuals to the United (e) Accept payment of damages in full or surplus lands unless title thereto has States does not exceed $10,000. been restored to the tribe, or the leasing in settlement of civil trespass cases pur­ Sec. 2.61 Enforcement Terms, Loan of such lands is authorized by a specific suant to 25 CFR 141.22 when such settle­ Agreements. The taking of necessary ment is not in excess of $1,000. “Payment statute. steps upon failure of individual bor­ (2) Approval of leases on lands pur­ of damages in full” means payment of rowers or cooperative associations to the maximum amount due under appli­ chased or reserved for agency or school conform to the terms of their loan agree­ cable law. purposes. ments from tribes, bands, credit associa­ (3) Approval of leases, assignments Sec. 2.95 Waiver of Technical Defects. tions or the United States pursuant to The authority of the Area Director relat­ and bonds on any forms except those 25 CFR 91.10. approved by the Commissioner of Indian ing to the Waiver of Technical Defects Sec. 2.64 Approval of Partial Releases Affairs. in advertisements and proposals for the and Satisfactions. The approval of par­ sale of grazing privileges. (4) Modification of any forms ap­ tial releases and satisfactions of mort­ Sec. 2.96 Grazing Privileges. The au­ proved by the Commissioner of Indian gages given as security for loans to indi­ Affairs. thority of the Area director relating to viduals from the United States made the approval of award, modification, as­ (5) Approval of amendments to oil pursuant to 25 CFR Part 91. and gas or other mining leases or to signment, and cancellation of grazing Sec. 2.65 Accounting and Records assignments. permits pursuant to 25 CFR Part 151 Systems. The inspection of approved ac­ provided the permits approved at the (6) Extension of time for drilling. counting and records systems of incor­ S ec. 2.14 Surface Leases. To the su­ beginning of a contract period are porated and unincorporated tribes and according to schedule of allocated and perintendents of Jicarilla, Northern and bands, corporate and tribal enterprises, Southern Pueblos, and Southern Ute advertised range units approved by the cooperatives, and credit associations, Area Director, and provided further that Agencies only, the authority of the Area pursuant to 25 CFR Part 91. Director relating to surface leasing and permits shall not be issued at a rental permitting pursuant to 25 CFR 131. With Sec. 2.66 Loan Security. The approval rate less than the minimum approved by the exception of homesite leases covering of mortgages of trust chattels and crops the Area Director. tribal land leased to tribal members or to on trust or restricted land of an Indian, Sec. 2.97 Sales of Grazing Privileges. tribal housing authorities for homesite and assignments of income from trust The authority of the Area Director relat­ purposes this authority does not apply or restricted land of an Indian, as secu­ ing to the negotiation of sales of grazing to: rity for a loan by any lender. privileges subsequent to advertisement. (1) Approval of leases or permits Sec. 2.67 Assignments of Trust Prop­ erty. The approval of assignments of any FUNCTIONS RELATING TO THE CONVEYANCE which provide for a duration in excess of OF BUILDINGS AND IMPROVEMENTS ten (10) years inclusive of any provisions trust property of an Indian, except land, for extensions or renewals thereof. and authority to act as the Indian’s at­ Sec. 2.110 Conveyance of Buildings (2) Amendment or modification of torney-in-fact to execute'leases of any and Improvements. The authority con­ leases which change the p u rp o s e or re­ trust land in which the Indian borrower tained in the Act of August 6, 1956 (70 duce the rental of such leases. may have an interest and to apply the Stat. 1057). This Act permits the con­ (3) Approval of permits covering rentals on the Indian’s indebtedness, for veyance to Indian tribes of title to fed­ Government-owned land. a loan made pursuant to 25 CFR Parts erally owned buildings and improvements (4) Waiving or lowering of fees pur­ 91 and 92. (including personal property used in con­ suant to 25 CFR, Part 131.13(b). Sec. 2.68 Release of U.S. Interests. nection therewith) no longer required by the Bureau and also declaration of for­ Sec. 2.15 Sales of Improvement of The release of interests of the United Tribal Lands. The approval, with tribal States in any trust or restricted prop­ feiture of such conveyances. consent, of sales of improvements made erty of an Indian, except land. FUNCTIONS RELATING TO FUNDS AND FISCAL upon tribal lands by individual Indians. FUNCTIONS RELATING TO TRADING W ITH MATTERS FUNCTIONS RELATING TO SOIL AND INDIANS Sec. 2.120 Individual Indian Moneys. MOISTURE CONSERVATION Sec. 2.80 Traders’ Licenses. The is­ All those matters set forth in 25 CFR S ec. 2.40 Soil and Moisture Conser­ suance of licenses to traders with the Part 104. vation. Soil and moisture conservation Indian tribes and the removal and revo­ Sec. 2.121 Approval of Employment of operations on Indian lands, pursuant to cation of licenses pursuant to 25 CFR Attorneys for Individual Indians. The the President’s Reorganization Plan IV Parts 251 and 252. approval of the employment of attorneys of 1940 (54 Stat. 1235), and the Soil Con­ for individual Indians and the determi­ FUNCTIONS RELATING TO FOREST AND nation and payment of fees paid on a servation Act of April 27, 1935 (16 U.S.C. RANGE MANAGEMENT sec. 590a). quantum meruit basis from restricted or Sec. 2.90 Forest Management, (a) trust funds. FUNCTIONS RELATING TO INDIAN Issue advertisements and approve timber IRRIGATION PROJECTS sale contracts on approved forms involv­ FUNCTIONS RELATING TO ROADS Sec. 2.50 Operation and Maintenance ing an estimated stumpage volume of Sec. 2.130 Closing of Roads. The au­ Orders. The issuance of irrigation opera­ not to exceed 100,000 feet, board meas­ thority to close roads when required for tion and maintenance orders fixing per ure, pursuant to 25 CFR 141.8 and 25 public safety, fire prevention or suppres­ acre assessments against lands included CFR 141.13. sion, fish and game protection, or to pre­ in Indian irrigation projects to which (b) Approve contracts, pursuant to 25 vent damage to unstable roadbed pur­ water can be delivered, under authority CFR 141.13, for the sale of timber from suant to 25 CFR 162.6. . of the Acts of August 1, 1914 (38 Stat. individual allotments without regard to Sec. 2.131 Transfer of Jurisdiction 583, 25 U.S.C. 385) and March 7, 1928 estimated volumes, on approved forms for Maintenance to States. A u th o rity to (45 Stat. 210, 25 U.S.C. 387). executed under authority of an approved e n te r into an agreement with a S ta te tor

FEDERAL REGISTER, V O L 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3765 the transfer to the State of jurisdiction Arizona: For the Cienega Area trans­ [OR 3659 (Wash.) ] with respect to the maintenance of roads ferred to the Department of the Inte­ constructed or improved to adequate rior by E.O. 10322, the fees for use of WASHINGTON standards pursuant to 25 CFR 162.8. Federal range for the 1970 grazing fee Opening of Land Formerly in S e c . 2.132. Agreements for Coopera­ year shall be $1.12 per animal unit month Project No. 1430 tion in Construction, etc., With State. of forage of which $0.29 is the grazing fee Authority to enter into agreements with and $0.83 is the range improvement fee F e b r u a r y 17, 1970. States for cooperation in construction, which shall be credited to the range im­ 1. In an order issued January 26, 1970, maintenance, repair, and improvement provement fund. the Federal Power Commission vacated of roads subject to regulation in 25 CFR Colorado: For the Great Divide Proj­ the withdrawal created pursuant to the 162.9 providing for road facilities for ect transferred to the Department of the filing of an application for a license for both Indian lands that are not subject to Interior by E.O. 10046, the fees for use Project No. 1430, for the following de­ taxation by a State and for other lands of Federal range for the 1970 grazing fee scribed land: in such State, provided appropriated year shall be $0.63 per animal unit month W il l a m e t t e M e r id ia n funds are not obligated beyond the year of forage of which $0.29 is the grazing in which they are available. Also author­ fee and $0.34 is the range improvement All portions of the following tract lying ity to enter into agreements with an In­ within 10 feet of the centerline of the pipe­ fee which shall be credited to the range line location shown on a map designated dian tribe for contribution from tribal improvement fund. “Exhibit F” and entitled “Hydroelectric funds pursuant to 25 CFR 162.9. Montana: For all LU land within the Power Project of H. L. Bradley, C. O. Bradley, L. K. Wrenwick, Camp Mason, North Bend, P art 3—A u t h o r i t y o f A r e a P r o p e r t y State of Montana transferred to the De­ W ash in gto n ” and filed in the office of the a n d S u p p l y O f f ic e r partment of the Interior by E.O. 10787, the fees for use of Federal range for the Federal Power Commission on April 1, 1937. S e c . 3.1 Buy Indian Act. The con­ 1970 fee year shall be $0.65 per animal T. 22 N„ R. 9 E„ tracting and procurement authority for Sec. 1, SE SE y4. the Area Director under the “Buy Indian unit month of forage of which $0.29 is Act,” Section 23 of the Act of June 25, the grazing fee and $0.36 is the range im­ Containing approximately 0.69 acre. 1910 (36 Stat. 861 as amended; 25 U.S.C. provement fee which shall be credited to 2. The land lies within the Snoqualmie 47) is redelegated to the Albuquerque the range improvement fund. Twenty- National Forest in King County. Area Property and Supply Officer. five percent of the grazing fee shall be 3. The State of Washington has waived paid to the counties within which the the right of selection in accordance with W a l t e r O . O l s o n , fee was collected pursuant to the re­ the provisions of sec. 24 of the Federal Area Director. quirements of E.O. 10787. Power Act of June 10, 1920 (41 Stat. Approved: February 13,1970. New Mexico: For the Hope Land Proj­ 1075; 16 U.S.C. 818), as amended. ect transferred to the Department of the 4. Beginning at 10 a.m. on March 25, W i l l i a m J. B e n h a m , Interior by E.O. 10787, the fees for use Acting Commissioner 1970, the national forest land shall be of Federal range for the 1970 grazing fee open to such form of disposition as may of Indian Affairs. year shall be $0.55 per animal unit month by law be made of such land. [F.R. Doc. 70-2288; Filed, Feb. 25, 1970; of forage of which $0.29 is the grazing fee 5. Inquiries concerning the land should 8:45 a jn .] and $0.26 is the range improvement fee be addressed to the Chief, Division of which shall be credited to the range im­ Lands and Minerals Program Manage­ provement fund. Twenty-five percent of Bureau of Land Management ment and Land Office, Post Office Box the grazing fee shall be paid to the coun­ 2965, Portland, Oreg. 97208. SCHEDULE OF GRAZING FEES, 1970 ties within which the fee was collected pursuant to the requirements of E.O. V i r g i l O. S e i s e r , Pursuant to the authority vested in the 10787. Chief, Branch of Lands. Secretary of the Interior by the Taylor [F.R. Doc. 70-2292; Filed, Feb. 25, 1970; Grazing Act, notice is hereby given of O u t s id e G r a z in g D is t r ic t s 8:46 a.m.] the schedule of grazing fees for the 1970 (E x c l u s iv e o f A l a s k a ) grazing fee year beginning March 1, Pursuant to Departmental regulations 1970, and ending February 28, 1971, for (43 CFR 4125.1-1 (m)), lease rates for grazing use of the Federal range. grazing leases issued under Section 15 DEPARTMENT OF AGRICULTURE For the purpose of. establishing of the Taylor Grazing Act and Section 4 charges for grazing use, one animal unit of the O&C Act for the 1970 grazing fee Consumer and Marketing Service month shall be considered equivalent to year are contained herein. Except as de­ [Marketing Agreement 146] grazing use by one cow, five sheep, or 0.5 tailed below, the rates shall be $0.44 per of one horse for 1 month (one horse for animal unit month of forage of which PEANUT CROP, 1969 1 month equals two AU M s). $0.33 is the grazing fee and $0.11 is the Indemnification Billings shall be issued in accordance range improvement fee which shall be with the rates prescribed in this notice. credited to the range improvement fund. Pursuant to the provisions of section

I n s i d e G r a z in g D is t r ic t s Wyoming: For the Northeast LU (Land 36 of the marketing agreement regulat­ Utilization) Project transferred to the ing the quality of domestically produced _ ,Pursuant to Departmental regulations Department of the Interior by E.O. 10046 peanuts heretofore entered into between (43 CFR 4115.2-1 (k)), fees for use of the and amended by E.O. 10175, the fees shall the Secretary of Agriculture and various ioderal range, including LU (Land be $0.63 per animal unit month of forage handlers of peanuts (30 F.R. 9402) and Utilization) land within grazing districts, of which $0.47 is the grazing fee and upon recommendation of the Peanut Ad­ except as otherwise herein provided shall $0.16 is the range improvement fee which ministrative Committee established pur­ oe $0.44 per animal unit month of forage shall be credited to the range improve­ suant to such agreement and other infor­ 4n u?®*1 $0.29 is the grazing fee and ment fund. mation it is hereby found that the v*“®ls the range improvement fee which amendment hereinafter set forth to the shall be credited to the range improve­ Western Oregon: For the O&C and in­ termingled public domain lands located Terms and Conditions of Indemnifica­ ment fund. tion Applicable to 1969 Crop Peanuts (34 Exceptions to the above rates are in Western Oregon, the fee shall be $0.71 F.R. 11152) will tend to effectuate the “f reih Provided for certain LU lands per animal unit month of forage. objectives of the Agricultural Marketing ?r£6r to continue the basis of fees W a l t e r J. H i c k e l , Agreement Act of 1937, as amended, and nat have hereto been established under Secretary of the Interior. of such agreement. °t the Bankhead-Jones Amendment of the Terms and Condi­ j ™ Tenant Act of July 22, 1937. Such F e b r u a r y 17, 1970. tions is necessary to permit indemnifica­ ,ons» together with the applicable [F.R. Doc. 70-2291; Filed, Feb. 25, 1970; tion of handlers sustaining losses due to schedule are as follows: 8:46 a jn .] rejections not recognized in the original

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 No. 39- 3766 NOTICES issuance. In isolated cases, analysis of Act of 1961 (7 U.S.C. 1961) , it has been the product made from custom blanched determined on February 5, 1970, that in DEPARTMENT OF HEALTH, EDU­ lots of peanuts raises the suspicion that a the hereinafter-named counties in the portion or all of the product produced State of Colorado, natural disasters CATION, AND WELFARE from such peanuts is unwholesome due have caused a need for agricultural credit Food and Drug Administration to aflatoxin. This is for the reason that not readily available from commercial custom blanching to remove aflatoxin, in banks, cooperative lending agencies, or AMCHEM PRODUCTS, INC. some instances, apparently causes prod­ other responsible sources. Notice of Filing of Petition Regarding ucts from the custom blanched peanuts Colorado to have an undesirable flavor. As a Pesticides Alam osa. M organ. consequence, the manufacturer with­ Pursuant to provisions of the Federal holds the product (including any portion Baca. Phillips. Boulder. R io Grande. Food, Drug, and Cosmetic Act (sec. 408 thereof that was returned to the manu­ Conejos. Saguache. (d) (1), 68 Stat. 512; 21 U.S.C. 346a(d) facturer) from the market and, to cover K it Carson. W eld. (1)), notice is given that a petition (PP his loss, rejects the handler invoice on Larim er. Y um a. 0F0941) has been filed by Amchem Prod­ the peanuts or claims reimbursement. Pursuant to the authority set forth ucts, Inc., Ambler, Pa. 19002, proposing Therefore, after the present seventh above, emergency loans will not be made establishment of a tolerance of 0.25 part paragraph of the Terms and Conditions in the above-named counties after per million for negligible residues of the of Indemnification Applicable to 1969 June 39, 1970, except to applicants who plant regulator 2-(m-chlorophenoxy) Crop Peanuts (34 F.R. 11152) there is previously received emergency or special propionic acid from application of the added the following paragraph: livestock loan assistance and can qual­ acid or of 2-(m-chlorophenoxy)propion- During the period February 27 through ify under established policies and amide in or on the raw agricultural com­ March 26, 1970, claims for indemnifica­ procedures. modity group stone fruit. tion on 1969 crop peanuts may be filed by The analytical method proposed in the any handler sustaining a loss as a result Done at Washington, D.C., this 19th petition for determining residues of the of a buyer withholding from human con­ day of February 1970. plant regulator is a microeoulometric sumption a portion or all the product C l i f f o r d M . H a r d in , gas chromatographic technique. made from a lot of peanuts which had Secretary of Agriculture. been custom blanched pursuant to these Dated: February 17,1970. [F.R. Doc. 70-2309; Filed, Feb. 25, 1970; terms and conditions. The Committee R . E . D u g g a n , shall pay, to the extent of the raw peanut 8:47 a.m.] Acting Associate Commissioner equivalent value of the custom blanched for Compliance. peanuts used in the product so withheld, TEXAS [F.R. Doc. 70-2281; Filed, Feb. 25, 1970; such claims as it determines to be valid. 8:45 a.m.] This amendment should be issued as Designation of Areas for Emergency soon as possible so as to implement and Loans HERCULES INC. effectuate the provisions of the market­ ing agreement dealing with indemnifica­ For the purpose of making emergency Notice of Filing of Petition Regarding loans pursuant to section 321 of the Con­ tion, and no useful purpose will be served Pesticides by any postponement thereof. Marketing solidated Farmers Home Administration of the 1969 peanut crop is partly com­ Act of 1961 (7 U.S.C. 1961), it has been Pursuant to provisions of the Federal pleted and one handler is involved in a determined on February 5, 1970, that in Food, Drug, and Cosmetic Act (sec. 408 claim of the type covered by the amend­ the hereinafter-named counties in the (d)(1), 68 Stat. 512; 21 U.S.C. 346a(d) ment. Hence, this amendment should be State of Texas, natural disasters have (1)), notice is given that a petition (PP effective as soon as possible, i.e., on the caused a need for agricultural credit not 0F093O) has been filed by Hercules, Inc., effective date specified herein. Handlers readily available from commercial banks, Wilmington, Del. 19899, proposing estab­ of peanuts who will be affected by such cooperative lending agencies, or other lishment of tolerances (21CFR Part 120) for residues of the insecticide toxaphene amendment have signed the marketing responsible sources. agreement authorizing the issuance of (chlorinated camphene containing 67 such terms and conditions, they are rep­ T exas percent-69 percent chlorine) in or on the resented on the Committee which recom­ Anderson. Hall. raw agricultural commodities range grass mended the amendment, and time does Bailey. Hockley. at 160 parts per million and alfalfa and not permit prior notice of the proposed Briscoe. Lam b. potatoes at 0.2 part per million (negligible amendment to such handlers. Castro. Lubbock. residue). Cochran. Parmer. The analytical method proposed in the The foregoing amendment is hereby Crosby. Rusk. approved and issued this 20th day of petition for determining residues of the D eaf Sm ith. Swisher. insecticide is a gas chromatographic February 1970 to become effective upon Terry. Gregg. technique with an electron-capture publication in the F e d e r a l R e g is t e r . Hale. Yoakum . detector. Pursuant to the authority set forth P a u l A . N i c h o l s o n , Dated: February 18,1970. Deputy Director, above, emergency loans will not be made Fruit and Vegetable Division. in the above-named counties after R. E. D u g g a n , Acting Associate Commissioner [F.R. Doc. 70-2344; Filed, Feb. 25, 1970; June 30, 1970, except to applicants who for Compliance. 8:49 a.m.] previously received emergency or special livestock loan assistance and can qual­ [F.R. Doc. 70-2280; Filed, Feb. 25, 1970; 8:45 a.m.] Office of the Secretary ify under established policies and COLORADO procedures. [Docket No. F D C -D -150 ; N A D A No. 8-978V] Done at Washington, D.C., this 19th JENSEN-SALSBERY LABORATORIES Designation of Areas for Emergency day of February 1970. Loans Trivermol; Notice of Opportunity for C l i f f o r d M . H a r d in , For the purpose of making emergency Secretary of Agriculture. Hearing loans pursuant to section 321 of the Con­ [F.R. Doc. 70-2308; Filed, Feb. 25, 1970; An announcement published in the solidated Farmers Home Administration 8:47 a.m .] F e d e r a l R e g is t e r of January 17, 196»

FEDERAL REGISTER, V O L 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3767

(34 F.R. 772), invited Jensen-Salsbery Failure of such persons to file a writ­ posing the establishment of tolerances Laboratories, Division of Richardson- ten appearance of election within 30 (21 CFR Part 120) for residues of the Merrell, Inc., 520 West 21st Street, Kan­ days following date of publication of this herbicide diphenamid (N,N- dimethyl - 2, sas City, Mo. 64141, holder of new animal notice in the F e d e r a l R e g is t e r will be 2-diphenylacetamide), including its des- drug application No. 8-978V for Triver- construed as an election by such persons methyl metabolite (N-methyl-2, 2- mol (a drug containing copper sulfate, not to avail themselves of the opportun­ diphenylacetamide), in or on the raw nicotine sulfate, copper acid arsenate, ity for a hearing. agricultural commodities peanut hay and carbon tetrachloride, and mineral oil in The hearing contemplated by this forage at 1.5 parts per million; soybean aqueous suspension), and any other in­ notice will be open to the public except hay and forage and cotton forage at 0.2 terested person, to submit pertinent data that any portion of the hearing that part per million; and apples, cottonseed, on the drug’s effectiveness. No efficacy concerns a method or process which the okra, peaches, peanuts, soybeans, and data not previously considered were sub­ Commissioner finds is entitled to pro­ sweetpotatoes at 0.1 part per million mitted in response to the announcement, tection as a trade secret will not be open (negligible residue). and available information still fails to to the public, unless the respondent The analytical method proposed in the provide substantial evidence of effective­ specifies otherwise in his appearance. petition for determining residues of the ness of the drug for its recommended use I f such persons elect to avail them­ herbicide is based on the procedure of in sheep and goats against nematodes, selves of the opportunity for a hearing, G. A. Boyack et al„ “Agricultural and tapeworms, and flukes. they are required to file a written appear­ Food Chemistry,” vol. 14, p. 312 (1966). Therefore, notice is given to Jensen- ance requesting the hearing, giving the Dated: February 17,1970. Salsbery Laboratories, and to any in­ reasons why the approval of the new terested person who may be adversely animal drug application should not be R . E . D u g g a n , affected, that the Commissioner of Food withdrawn. Acting Associate Commissioner and Drugs proposes to issue an order I f the hearing is requested and justi­ for Compliance. under the provisions of section 512(e) of fied by the response to the notice of [F.R. Doc. 70-2279; Filed, Feb. 25, 1970; the Federal Food, Drug, and Cosmetic hearing, the issues will be defined, a 8:45 a.m .] Act (21 U.S.C. 360b(e)) withdrawing ap­ hearing examiner will be appointed, and proval of new animal drug application he shall issue a written notice of the No. 8-978V and all amendments and sup­ time and place at which the hearing will [Docket No. FDC-D-158; NADA No. 6-516V] plements thereto held by Jensen-Salsbery commence. Laboratories for the drug Trivermol on WHITMOYER LABORATORIES, INC. the grounds that: This notice is issued pursuant to pro­ visions of the Federal Food, Drug, and Vermex Powder and Poultry Tablets; Information before the Commissioner Cosmetic Act (sec. 512, 82 Stat. 343-51; Notice of Opportunity for Hearing with respect to the drug, evaluated with 21 U.S.C. 360b) and under authority An announcement published in the the evidence available to him when the delegated to the Commissioner (21 CFR application was approved, does not pro­ F e d e r a l R e g is t e r of February 1,1969 (34 2 .120 ). vide substantial evidence that the drug F.R. 1612), invited Whitmoyer Labora­ has the effect it purports or is represented Dated: February 13,1970. tories, Inc., Myerstown, Pa. 17067, holder to have under the conditions of use pre­ of new animal drug application No. 6- S a m D. F i n e , 516V for Vermex Powder and Vermex scribed, recommended, or suggested in Acting Associate Commissioner for Tablets (drugs containing piperazine di­ its labeling. Compliance. In accordance with the provisions of hydrochloride, dichlorophene and pheno- [F.R. Doc. 70-2282; Filed, Feb. 25, 1970; thiazine), and any other interested per­ section 512 of the act (21 U.S.C. 360b), 8:45 a.m.] the Commissioner will give the applicant, son, to submit pertinent data on the and any interested person who would be drugs’ effectiveness. adversely affected by an order withdraw­ A. E. STALEY MFG. CO. No efficacy data were received in re­ ing such approval, an opportunity for a sponse to the announcement, and avail­ hearing at which time such persons may Notice of Filing of Petition for Food able information fails to provide substan­ produce evidence and arguments to show Additive Poloxalene tial evidence of effectiveness of the drugs why approval of new animal drug ap­ for the recommended use in chickens and plication No. 8-978V should not be with­ Pursuant to provisions of the Federal turkeys for the elimination of certain drawn. Promulgation of the order will Food, Drug, and Cosmetic Act (sec. 409 large roundworms, tapeworms, and cecal cause any drug of similar composition (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) worms. (5) ), notice is given that a petition (33- and recommended for the same condi­ Therefore, notice is given to Whit­ tions of use as Trivermol to be a new ani­ 773V) has been filed by A. E. Staley moyer Laboratories, Inc., and to any in­ Mfg. Co., Post Office Box 151, Decatur, mal drug for which an approved new terested person who may be adversely animal drug application is not in effect. HI. 62525, proposing that § 121.295 effected, that the Commissioner of Food Any such drug then on the market would Poloxalene (21 CFR 121.295) be amended and Drugs proposes to issue an order be subject to regulatory proceedings. in the table in paragraph (b) (1) by under the provisions of section 512(e) of changing the indications for use from Wthin 30 days after publication hereof the Federal Food, Drug, and Cosmetic “prevention” to “control” of legume (al­ Act (21 U.S.C. 360b(e)) withdrawing ap­ m the F e d e r a l R e g is t e r , such persons falfa, clover) bloat in cattle. are required to file with the Hearing proval of new animal drug application Clerk, Department of Health, Education, Dated: February 13, 1970. No. 6-516V and all amendments and sup­ plements thereto held by Whitmoyer and Welfare, Office of the General Coun­ R . E . D u g g a n , sel, Food, Drug, and Environmental Acting Associate Commissioner Laboratories, Inc., for the drugs Vermex Health Division, Room 5440, 330 Inde- for Compliance. Powder and Vermex Poultry Tablets on ,A?dence Avenue SW., Washington, D.C. the grounds that: 20204, a written appearance electing [F.R. Doc. 70-2278; Filed, Feb. 25, 1970; Information before the Commissioner 8:45 a.m .] whether: with respect to said drugs, evaluated 1. To avail themselves of the oppor­ with the evidence available to him when tunity for a hearing; or UPJOHN CO. the application was approved, does not provide substantial evidence that the 2. Not to avail themselves of the op­ Notice of Filing of Petition Regarding portunity for a hearing. drugs have the effect they purport or are Pesticides represented to have under the conditions If such persons elect not to avail them­ of use prescribed, recommended, or sug­ selves of the opportunity for a hearing, Pursuant to provisions of the Federal gested in their labeling. e Commissioner without further notice Food, Drug, and Cosmetic Act (sec. 408 (d)(1), 68 Stat. 512; 21 U.S.C. 346a In accordance with the provisions of will enter a final order withdrawing the (d)(1)), notice is given that a petition section 512 of the act (21 U.S.C. 360b), approval of the new animal drug (PP OF0933) has been filed by The Up­ the Commissioner will give the appli­ application. john Co., Kalamazoo, Mich. 49001, pro­ cant, and any interested person who

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3768 NOTICES would be adversely affected by an order S i g n a l s , D is t r e s s , C o m b i n a t i o n F lare withdrawing such approval, an oppor­ DEPARTMENT OF a n d S m o k e , H a n d , f o r M e r c h a n t V essels tunity for a hearing at which time such Approval No. 160.023/3/0, signal, dis­ persons may produce evidence and argu­ TRANSPORTATION tress, combination flare and smoke, ments to show why approval of new ani­ Coasf Guard hand, general arrangement dwg. No. mal drug application No. 6-516V should 6-0070-C, label dwg. No. 6-0067-A, not be withdrawn. Promulgation of the [O G F R 70-111 manufactured by Smith and Wesson order will cause any drug containing EQUIPMENT, CONSTRUCTION, AND Pyrotechnics, Inc., Post Office Box 247, piperazine dihydrochloride, dichloro- Jefferson, Ohio 44047, effective Janu­ phene, and phenothiazine, and recom­ MATERIALS ary 12, 1970. mended for the same conditions of use as Approval Notice Vermex Powder or Vermex Poultry Tab­ L if e b o a t s f o r M e r c h a n t V e s s e ls lets, to be a new animal drug for which 1. Certain laws and regulations (46 Approval No. 160.035/17/4, 22.0' x 7.5' an approved new animal drug applica­ CFR, Chapter I) require that various x 3.17' steel, oar-propelled lifeboat, tion is not in effect. Any such drug then items of lifesaving, firefighting and mis­ 11- person capacity, identified by general on the market would be subject to regu­ cellaneous equipment, construction, and arrangement dwg. No. G-2231, dated latory proceedings. materials used on board vessels subject January 1957, and revised March 26, Within 30 days after publication to Coast Guard inspection, on certain 1965, 46 CFR 160.035-13(e) Marking. hereof in the F e d e r a l R e g is t e r , such motorboats and other recreational ves­ Weights: Condition “A ” =2,540 pounds; persons are required to file with the sels, and on the artificial islands and Condition “ B” = 8,390 pounds, manu­ Hearing Clerk, Department of Health, fixed structures on the outer Continen­ factured by C. C. Galbraith & Son, Inc., Education, and Welfare, Office of the tal Shelf be of types approved by the Maple Place and Manchester Avenue, General Counsel, Food, Drug, and En­ Commandant, UJS. Coast Guard. The Post Office Box 185, K e y p o rt, N.J. 07735, vironmental Health Division, Room purpose of this document is to notify effective January 21, 1970. (It is an ex­ 5440, 330 Independence Avenue SW., all interested persons that certain ap­ tension of Approval No. 160.035/17/4, Washington, D.C. 20204, a written ap­ provals have been granted as herein de­ dated Mar. 30, 1965.) pearance electing whether: scribed during the period from Decem­ Approval No. 160.035/342/2, 24.0' 1. To avail themselves of the oppor­ ber 15,1969, to January 21,1970 (List No. x 8.0' x 3.5' aluminum, hiand-propelled tunity for a hearing; or 35-69 and 1-70). These actions were lifeboat, 40-person capacity, identified 2. Not to avail themselves of the op­ taken in accordance with the procedures by construction and arrangement dwg. portunity for a hearing. set forth in 46 CFR 2.75-1 to 2.75-50. No. 24-9F, Rev. C, dated July 3, 1969, I f such persons elect not to avail 2. The statutory authority for equip­ 46 CFR 160.035—13(c) Marking. Weights: themselves of the opportunity for a hear­ ment, construction, and material ap­ Condition “A ” =2,900 pounds; Condition ing, the Commissioner without further provals is generally set forth in sections “B” = 10,300 pounds, manufactured by notice will enter a final order withdraw­ 367, 375, 390b, 416, 481, 489, 526p, and Marine Safety Equipment Corp., Foot of ing the approval of the new animal drug 1333 of title 46, United States Code, sec­ Wycoff Road, Farmingdale, N.J. 07727, application. tion 1333 of title 43, United States Code, effective December 18,1969. (It reinstates Failure of such persons to file a writ­ and section 198 of title 50, United States and supersedes Approval No. 160.035/ ten appearance of election within 30 days Code. The Secretaiy of Transportation 342/1, terminated May 19, 1969.) following date of publication of this has delegated authority to the Comman­ Approval No. 160.035/439/3, 12.0' notice in the F e d e r a l R e g is t e r will be dant, U.S. Coast Guard with respect to x 4.42' x 1.75' oar-propelled F.R.P. life­ construed as an election by such persons these approvals (49 CFR 1.4 (a) (2) and boat, 4-person capacity, identified by not to avail themselves of the oppor­ (g)). The specifications prescribed by construction and arrangement drawing tunity for a hearing. the Commandant, U.S. Coast Guard for 12- 5, Rev. F, dated March 13, 1969, The hearing contemplated by this certain types of equipment, construction alternate arrangement identified by gen­ notice will be open to the public except and materials are set forth in 46 CFR, eral arrangement drawing No. 12- 5-SL that any portion of the hearing that Parts 160 to 164. dated September 22, 1969», approved for concerns a method or process which the 3. The approvals listed in this docu­ use on vessels in bays, sounds, and lakes; Commissioner finds is entitled to protec­ ment shall be in effect for a period of and river service. If mechanical disen­ tion as a trade secret will not be open 5 years from the date of issuance, unless gaging apparatus is fitted, it shall be of to the public, unless the respondent sooner canceled or suspended by proper an approved type and installed in accord­ specifies otherwise in his appearance. authority. ance with drawings approved by the I f such persons elect to avail them­ Commandant. Approved for 6-person selves of the opportunity for a hearing, B u o y a n t A p p a r a t u s f o r M e r c h a n t V e s s e l s capacity as replacement lifeboat. Manu­ they are required to file a written ap­ factured by Marine Safety Equipment pearance requesting the hearing, giving Approval No. 160.010/57/1, 3.75' x 3.0' Corp., Foot of Wycoff Road, Farming- the reasons why the approval of the new x 0.79' box float type buoyant apparatus, dale, N.J. 07727, effective December 16, animal drug application should not be fibrous glass reinforced plastic (F.R.P.) 1969. (It supersedes Approval No. withdrawn. shell with unicellular polyurethane 160.035/439/2, dated Apr. 22, 1969, to I f the hearing is requested and justi­ plastic core, 12-person capacity, dwg. show alternate construction.) fied by the response to the notice of No. 21960A, dated February 1, 1965, hearing, the issues will be defined, a and specification No. 6160A, dated B u o y a n t C u s h i o n s , K a p o k or F ibrous hearing examiner will be appointed, and February 1, 1965, manufactured by G l a s s he shall issue a written notice of the Atlantic-Pacific Manufacturing Corp., N o t e : Approved for use on motorboats of time and place at which the hearing will 124 Atlantic Avenue, Brooklyn, N.Y. Classes A, 1, or 2 n ot carrying passengers for commence. 11201, effective January 19, 1970. (It is hire. This notice is issued pursuant to pro­ an extension of Approval No. 160.010/ Approval No. 160.048/1/0, group ap­ visions of the Federal Food, Drug, and 57/1, dated Apr. 6, 1965.) proval for rectangular and trapezoidal Cosmetic Act (sec. 512, 82 Stat. 343-51; 21 U.S.C. 360b) and under authority S i g n a l s , D is t r e s s , H a n d R e d F l a r e , f o r kapok buoyant cushions, U.S.C.G. Speci­ delegated to the Commissioner (21 CFR M e r c h a n t V e s s e l s fication Subpart 160.048, sizes and 2.120). Approval No. 160.021/12/0, Jupiter weights of kapok filling to be as per Table Dated: February 16, 1970. hand red flare distress signal, general 160.048-4(c) (1) (i), manufactured by arrangement dwg. No. 6-0150-B, label Atlantic-Pacific Manufacturing Corp- S a m D. F i n e , Acting Associate Commissioner dwg. No. 6-0152-A, manufactured by 124 Atlantic Avenue, Brooklyn, N.Y. for Compliance. Smith and Wesson Pyrotechnics, Inc., 11201, effective January 19, 1970. (It is [F.R. Doc. 70-2283; Filed, Feb. 25, 1970; Post Office Box 247, Jefferson, Ohio an extension of Approval No. 160.048/ 8:45 a.m.l 44047, effective January 12, 1970. 1/0, dated Apr. 1,1965.)

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3769

Approval No. 160.048/238/0, special ap­ liquefied petroleum gas service, dwg. No. tical to that described in National Bu­ proval for 13" x 18" x 2" rectangular 3165 Series, Rev. C, dated November 10, reau of Standards Test Report No. ribbed-type kapok buoyant cushion, 21- 1967, manufactured by The Bastian- TG10210-1944:FP3305 d ated Decem­ oz. kapok, Ero dwgs. Nos. 1 and 2 dated Blessing Co., 4201 West Peterson Avenue, ber 13, 1954, approved in a 4-pound per February 1, 1065, and Bill of Materials, Chicago, HI. 60646, effective December 15, cubic foot density, manufactured by dated February 10, 1965, manufactured 1969. (It is an extension of Approval No. Johns-Manville Salés Corp., 22 East 40th by Ero Manufacturing Co., 308 South 162.019/22/0, dated Dec. 15, 1964.) Street, New York, N.Y. 10016, effective Williams Street, Hazlehurst, Ga. 31539, Approval No. 162.019/23/0, Reg. O No. January 19, 1970. (It is an extension of for Sears, Roebuck & Co., 925 South 3165FP fixed tube liquid level gauge for Approval No. 164.009/32/0, dated Apr. 1, Homan Avenue, Chicago, 111. 60607, effec­ liquefied petroleum gas service, dwg. No. 1965.) tive January 14,1970. (It is an extension 3165 Series, Rev. C, dated November 10, Approval No. 164.009/130/0, “ Textra- of Approval No. 160.048/238/0, dated 1967, manufactured by The Bastian- fine Blanket Insulation” , fibrous glass Feb. 12,1965.) Blessing Co., 4201 West Peterson Ave­ type incombustible material identical to B u o y a n t V e s t s , U n i c e l l u l a r P l a s t i c nue, Chicago, 111. 60646, effective Decem­ that described In National Bureau of F o a m , A d u l t a n d C h i l d ber 15, 1969. (It is an extension of Standards Test Réport No. T G I 0210- Approval No. 162.019/23/0, dated Dec. 15, 2186:FR3723 and PPG Industries, Inc., Note: Approved for use on motorboats of 1964.) Classes A, 1, or 2 n ot carrying passengers letters dated June 24, 1969, and July 16, for hire. Approval No. 162.019/32/0, Reg. O No. 1969, approved in a density of 0.75 TA3169F fixed tube liquid level gauge for pounds per cubic foot, manufactured by Approval No. 160.052/399/1, Type II, liquefied petroleum gas and anhydrous PPG Industries, Inc., Route 4, Shelby, Model AD, adult vinyl-dipped unicellular ammonia service, dwg. No. TA3169F N.C. 28150 (Plant: Shelbyville, Ind.), plastic foam buoyant vest, Crawford dwg. Series, Rev. E, dated May 6, 1968, manu­ effective December 29,1969. No. 25A, revision 1, dated December .12, factured by The Bastian-Blessing Co., 1969 and Bill of Materials, dated Decem­ Approval No. 164.009/132/0, “ Incom­ 4201 West Peterson Avenue, Chicago, HI. bustible Hullboard SGC” fibrous glass ber 10, 1963, manufactured by Crawford 60646, effective December 16, 1969. (It is Manufacturing Co., Inc., Third and type incombustible material identical to an extension of Approval No. 162.019/ that described in National Bureau of Decatur Streets, Richmond, Va. 23212, 32/0, dated Dec. 16, 1964.) effective January 15, 1970. (It supersedes Standards Test Report No. TG10210- Approval No. 162.019/33/0, Reg. O No. 2188:FR3725 dated December 15, 1969, Approval No. 160.052/399/0, dated Nov. 5, TA3169FP fixed tube liquid level gauge 1969, to show modification in drawing and Johns-Manville Sales Corp. letter, for liquefied petroleum gas and anhy­ dated October 20, 1969, approved in a #25A.) drous ammonia service, dwg. No. TA Approval No. 160.052/400/1, Type II, nominal density of 2.77 pounds per cubic 3169F Series, Rev. E, dated May 6, 1968, foot, manufactured by Johns-Manville Model AD, adult vinyl-dipped unicellular manufactured by The Bastian-Blessing plastic foam buoyant vest, Crawford dwg. Sales Corp., 22 East 40th Street, New Co., 4201 West Peterson Avenue, Chicago, York, N.Y. 10016, effective December 30, No. 25A, revision 1, dated December 12, 111. 60646, effective December 16,1969. (It 1969, and Bill of Materials, dated Decem­ 1969. Plant is located at 814 Richmond is an extension of Approval No. 162.019/ Avenue, Richmond, Ind. 47374. ber 10, 1963, manufactured by Crawford 33/0, dated Dec. 16, 1964.) Manufacturing Co., Inc., Third and Dated: February 19,1970. Decatur Streets, Richmond, Va. 23212, B a c k f ir e F l a m e C o n t r o l , G a s o l i n e E n ­ for Montgomery Ward & Co., Inc., 619 g i n e s ; F l a m e A r r e s t e r s ; f o r M e r c h a n t W . J. S m i t h ,

West Chicago Avenue, Chicago, HI. 60610, V e s s e l s a n d M o t o r b o a t s Admiral, U.S. Coast Guard, Commandant. effective January 15,1970. (It supersedes Approval No. 162.041/18/2, Industrial Approval No. 160.052/400/0, dated Nov. 5, Strainer No. 2365 backfire flame arrester [F.R. Doc. 70-2340; Filed, Feb. 25, 1970; 1969, to show modification in drawing for gasoline engines, ISC dwg. No. 2365 8:49 a.m .] #25A.) Rev. G, dated December 9, 1969, manu­ K it s , F ir s t - a id , f o r I n f l a t a b l e factured by Industrial Strainer Co., 695 L if e r a f t s Amelia Street, Plymouth, Mich. 48170, effective December 22, 1969. (It super­ CIVIL AERONAUTICS BOARD Approval No. 160.054/1/0, Model No. sedes Approval No. 162.041/18/1, dated [Docket No. 21770; Order 70-2-81] 729 first-aid kit for inflatable liferafts, July 24, 1968, to show change in dwg., revised November 27, 1959, manu­ construction.) INTERNATIONAL AIR TRANSPORT factured by Medical Supply Co., 1027 Approval No. 162.041/114/0, Barbron ASSOCIATION West State Street, Rockford, HI. 61102, flame arrester Model No. 400-23, Part No. Order Deferring Action on Agreement effective January 19, 1970. (It is an ex­ 5643, shown on Barbron Corp. drawing tension of Approval No. 160.054/1/0, No. A-5643, dated December 1, 1969, for Adopted by the Civil Aeronautics dated Mar. 10,1965.) use on the Rochester quadrojet carbure­ Board at its office in Washington, D.C., G auging D e v ic e s , L i q u i d L e v e l L i q u e f ie d tor, manufactured by Barbron Corp., on the 19th day of February 1970. C o m p r e s s e d G a s 14580 Lesure Avenue, Detroit, Mich. There has been filed with the Board 48227, effective January 21,1970. APProvai No. 162.019/17/0, Reg. O : pursuant to section 412(a) of the Fed­ eral Aviation Act of 1958, as amended, ¿072 rotary type liquid level gauge D e c k C o v e r in g s f o r M e r c h a n t V e s s e l s and Part 261 of the Board’s economic on™ P^roleum gas service, dwg.: Approval No. 164.006/52/0, “Selbalith regulations, an agreement among var­ Rev- K > dated June 20, 1969, mai 7K-FR” magnesium oxychloride cement ious air carriers, foreign air carriers, by 11116 Bastian-Blessing ( type deck covering identical to that de­ and other carriers, embodied in the reso­ RnflL«*1 Peterson Avenue, Chicago, scribed in National Bureau of Standards out>46, effective December 17, 1969. (Ii lutions of the Traffic Conferences of the Test Report No. TG10210-2187:FR3724, International Air Transport Association of APProval No. 162.0 1'/0, dated Dec. 17, 1964.) dated December 5, 1969, approved for use (IA T A ) adopted at meetings held in without other insulating material as Caracas,' Venezuela in November and A8n??wal No- 162-019/i8/0, Reg. O ] meeting Class A-60 requirements in a December, 1969, and assigned the above anhJLr°tary type liquid level gauge : l 1/^-inch thickness, manufactured by designated CAB agreement number. The ammonia service, dwg. ] Selby Battersby & Co., 5220 Whitby Ave­ resolution here under consideration mannf Rf V' G’ dated November 21, 19 nue, Philadelphia, Pa. 19143, effective would make certain amendments, with Co 49mCt^ e

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3770 NOTICES prohibit all solicitation of individual as Agreement CAB 21537, R-14 is not ad­ The Postmaster General stated that members of a chartering organization by verse to the public interest or in viola­ since the submission by Sedalia of the either the airline or the travel agent; tion of the Act; proposals which resulted in establish­ would prohibit intermingling of passen­ 2. That it would be in the public ment of the current rates the air taxi gers when an organization has more interest to defer final action on this operator has experienced increases in than one round-trip flight; would re­ agreement for a period of 15 days to af­ costs of fuel, wages and salaries, and strict one-way passengers to 5 percent of ford any interested person an opportu­ insurance and new landing fees imposed the total number on a flight; would im­ nity to comment on the Board’s proposed since agreement on the current rates. The pose specific restrictions on assessments approval. Postmaster General further stated that for administrative expenses against pro Accordingly, it is ordered: these increased costs were not known nor rata shares approximating those now 1. That action on Agreement CAB reasonably foreseeable at the time the permitted by Part 295 of the Board’s 21537, R^14 be and it hereby is deferred original petitions were filed. Because of economic regulations;1 and would revise with a view toward eventual approval as these increased costs, the Postmaster the Resolution’s language affecting hereinafter provided; General petitioned the new final service mail rates. Cost data submitted tend to “ study group” charters to make it similar 2. That any air carrier party to the support the requested rates. to that in Part 295 of the Board’s ec­ agreement, or any other interested per­ onomic regulations.2 These amendments son, may, within 15 days from the date By Order 70-1-16, January 5,1970, the would become effective April 1, 1970. of service hereof, file written comments Board directed all interested persons to Effective October 1, 1970, it would be on the Board’s proposed approval herein. show cause why the above proposed rates required that to be eligible a chartering Such statements should conform to the should not be set as the final service mail organization would have to have been general requirements of the Board’s rates for this service. in existence for at least 2 years prior to rules of practice in economic proceedings. On February 2, 1970, the Postmaster the date of its application for charter I f no comments are received within 15 General filed an objection to the order service, and the definition of “immediate days from service date of this order, or to show cause and amendment of peti­ family” would be revised to exclude par­ if, in the Board’s judgment, such com­ tion for adjustment of rates. The Post­ ents of members of the chartering ments as are received do not require re­ master General stated that subsequent organization. consideration of its position, the Board to the date of filing the original petition The Board has tentatively decided to will, by subsequent order, approve the for adjusted rates, the air taxi operator approve the subject agreement, but be­ above-designated agreement. has experienced additional increased fore taking final action will allow a 15- costs on those segments that involve Des day period for receipt of comments by This order shall be published in the Moines, Iowa, due to an increase of $1.50 interested parties. The Board wishes to F e d e r a l R e g is t e r . in landing fees. In addition, with regard emphasize, however, that it is currently By the Civil Aeronautics Board. to docket 20594 the air taxi operator has reviewing its charter regulations and [ s e a l ] H a r r y J. Z i n k , experienced unknown increased costs in that if, as a result of this review, there Secretary. fuel, wages and salaries. should be amendments in those regula­ For these reasons the Postmaster Gen­ tions inconsistent with the 3ATA Char­ [F.R. Doc. 70-2334; Filed, Feb. 25, 1970; 8:48 a.m .] eral requests that the Board set the above ter Resolution, the Board has the power proposed rates on and after November 28, pursuant to section 412 to reopen the 1969, until February 2, 1970, and that question of its approval of this [Docket No. 19825 etc.; Order 70-2-84] new rates be fixed for services performed agreement. on and after February 2,1970, as follows: The Board, acting pursuant to sections SEDALIA, MARSHALL, BOONVILLE 102, 204(a), and 412 of the Act, finds: STAGE LINE, INC. Proposed rates- 1. That the resolution described above Order To Show Cause cents per mile

Issued under delegated authority Feb­ Docket Between Nov. 28, On and 1 This amendment would provide as 1970 to after follow s: ruary 19, 1970. Feb. 2, Feb. 2, “(a) Cost of charter shall be prorated Final service mail rates established by 1970 1970 equally amongst all the passengers: P ro v id e d , Orders 68-10-76, 68-10-82 through 87, That this need not apply to children. 68-10-97,68-11-59, and 69-1-145 are cur­ 19825 Kansas City, Springfield, (b) The charterer is precluded from mak­ rently in effect for Sedalia, Marshall, and Joplin, Mo...... —- 39.95 39.95 ing charges to passengers in excess of actual 20216 Sioux City, Carroll, and Boonville Stage Line, Inc. (Sedalia), an 41.60 42.10 costs incurred. , Des Moines, Iowa...... air taxi operator under 14 CFR, Part 298. 20217 Des Moines, Iowa, and (c) Assessment of the total charges shall Grand Island, Nebr------40.43 41.05 n ot include charitable donations. On December 2, 1969, the Postmaster 20218 Dubuque, Waterloo, and 42.35 (d) Any amount collected for expenses General filed a petition on behalf of Se­ Des Moines, Iowa...... 41.93 which exceeds actual expenses shall be re­ 20219 Des Moines, Iowa, and 41.27 dalia requesting the Board to fix new Kansas City, Mo...... -- 40.39 funded to the passengers on a pro rata basis. final service mail rates as follows: 20226 Decorah, Mason City, and 42.08 (e) There shall be a limit of $500 on ad­ Des Moines, Iowa------41.69 ministrative costs: Total expenditures in ex­ 20227 Sheldon, Spencer, Fort cess of $750, including the administrative Rate in cents Dodge, and Des Moines, 41.16 Between Iowa...... - ...... - 40.74 charges, shall be supported by properly au­ Docket Current Proposed 20228 Shenandoah, Iowa, thenticated vouchers which shall be avail­ Omaha, Nebr., and 41.13 able for inspection during check-in prior Des Moines, Iowa...... 40.86 to commencement of the outward portion of 19825 Kansas City, Springfield, 20229 Burlington, Ottumwa, 41.46 and Joplin, M o.. - ...... 3Ç.53 39.95 and Des Moines, Iowa... 40.92 travel. 20216 Sioux City, Carroll, and 20594 Minneapolis/St. Paul (f) There shall be no gratuities, direct or Des Moines, Iowa______38.8 41.60 (AMF Twin Cities), indirect, or any other compensation to per­ 20217 Des Moines, Iowa, and Minn., and Oshkosh, 38.8 40.43 Wis., via Wausau and sons organizing the charter.” Grand Island, Neb...... 55.07 56.15 20218 Dubuque, Waterloo, and Green Bay, Wis------2 This amendment would require that, for Des Moines, Iowa...... 38.8 41.93 a charter to be eligible as a “study group” 20219 Des Moines, Iowa, and charter, the passengers must be participants Kansas City, M o...------38.8 40.39 rhe Postmaster General and the car- in a formal academic course abroad, and 20226 Decorah, Mason City, and v are in agreement that the propos Des Moines, Iowa...... 38.8 41.69 either the charterer must be an educational 20227 Sheldon, Spencer, Fort es are fair and reasonable rates o institution or the course must be for a period Dodge, and Des npensation for the performance oi 40.74 of at least 4 weeks at an educational institu­ Moines, Iowa...... 38.8 ¡se services. ... tion abroad. The term "educational institu­ 20228 Shenandoah, Iowa, O maha, N ebr., and rhe Board finds it is in the pub tion” is defined for this purpose as a bona Des Moines, Iowa...... 38.8 40.86 fide school empowered to grant college de­ 20229 Burlington, Ottumwa, erest to determine, adjust and grees or secondary school diplomas by the and Des Moines, Iowa... 38.8 40.92 i the fair and reasonable rates of com- government of one of the 50 states of the 20594 Minneapolis/St. Paul isation to be paid Sedalia for (AMF Twin Cities), United States, the District of Columbia, a Minn., and Oshkosh, ,importation of mail by aircra n_ U.S. territory or possession, or a foreign Wis., via Wausau and 55.07 een the aforesaid points. UP °* «/her country, and which is operated as a school Green Bay, Wis_—...... 54.77 eratinn of the petitions and on a year-round basis.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3771 matters officially noticed, it is proposed persons are directed to show cause why pallet-igloo agreement provisions re­ to issue an order1 to include the follow­ the Board should not adopt the forego­ cently approved by the Board,3 namely, ing findings and conclusions: ing proposed findings and conclusions a minimum weight equal to container 1. On and after November 28, 1970, and fix, determne, and publish the final cube4 times 7 pounds per cubic foot times and until February 2, 1970, the fair and rates for the services specified therein as the 3,000-pound general commodity rate reasonable final service mail rates per the fair and reasonable rates of compen­ in each market,5 less $1 per 100 pounds, great circle aircraft mile to be paid Seda- sation to be paid to Sedalia, Marshall, as is granted for the Type A container. lia by the Postmaster General for the Boonville Stage Line, Inc.; All weight in excess of such minimum transportation of mail by aircraft, the 2. Further procedures herein shall be weight is rated at the same excess- facilities used and useful therefor, and in accordance with 14 CFR Part 302, as weight-rate in each market as the other the services connected therewith, shall specified in the attached appendix; and containers under the agreement, and re­ be as follows: 3. This order shall be served upon Se­ flects the standard 33 percent discount dalia, Marshall, Boonville Stage Line, for density on general commodity rate Docket Between Cents Inc., the Postmaster General, Braniff traffic. Airways, Inc., Delta Air Lines, Inc., The Type A pallet-igloo and the B-747 United Air Lines, Inc., Frontier Airlines, LD-3 containers are both carrier-owned, 19825 Kansas City, Springfield, and Joplin, 39.95 Mo. Inc., North Central Airlines, Inc., and and are offered to the public at no addi­ 20216 Sioux City, Carroll, and Des Moines, 41.60 Ozark Air Lines, Inc. tional rental charge, whereas other con­ Iowa. 20217 Des Moines, Iowa, and Grand Islands, 40.43 This order will be published in the tainers under the industry agreement Nebr. (Types B, B-2, and D) are shipper-owned 20218 Dubuque, Waterloo, and Des Moines, 41.93 F e d e r a l R e g is t e r . Iowa. or otherwise provided by the shipper. 20219 Des Moines, Iowa, and Kansas City, 40.39 [ s e a l ] H a r r y J. Z i n k , The Flying Tiger Line Inc. (Flying Mo. Secretary. Decorah, Mason City, and Des Moines, 41.69 Tiger) has filed a complaint against 20226 A pp e n d ix Iowa. TW A’s proposal requesting suspension 20227 Sheldon, Spencer, Fort Dodge, and 40.74 1. Further procedures related to the at­ and investigation. Des Moines, Iowa. 20228 Shenandoah, Iowa, Omaha, Nebr., and 40.86 tached order shall be In accordance with 14 Flying Tigers asserts that TWA is Des Moines, Iowa. CFR Part 302, and notice of any objection granting a $1 per 100 pounds unitization 20229 Burlington, Ottumwa, and Des Moines, 40.92 to the rate or to the other findings and con­ discount on the 158-160 cubic foot Type Iowa. clusions proposed therein, shall be filed with­ 20594 Minneapolis/St. Paul (AMF Twin 55.07 LD-3 container (carrier-owned) as com­ Cities), Minn, and Oshkosh, Wis., in 10 days, and if notice is filed, written via Wausau and Green Bay, Wis. answer and supporting documents shall be pared with the same $1 discount on filed within 30 days after service of this the larger 375-500 cubic foot carrier- order; owned Type A container, and a $0.75 per 2. On and after February 2, 1970, the 2. If notice of objections is not filed within 100 pounds discount on the larger 198 fair and reasonable final service mail 10 days after service of this order, or if notice cubic foot shipper-owned Type B con­ rates per great circle aircraft mile to be is filed and answer is not filed within 30 tainer. Flying Tiger further states that paid Sedalia by the Postmaster General days after service of this order, all persons the availability of the container without for the transportation of mail by air­ shall be deemed to have waived the right to a hearing and all other procedural steps short a rental fee is a more attractive consid­ craft, the facilities used and useful there­ eration to a potential shipper than an for and the services connected therewith, of a final decision by the Board, and the Board may enter an order incorporating the investment by such shippers in a Type B shall be as follows: findings and conclusions proposed therein container. Flying Tiger also alleges that and fix and determine the final rate specified the proposed rates would undermine the Docket Between Cents therein; industry agreement on container incen­ 3. If answer is filed presenting issues for tives and that TW A has not supported 19825 Kansas City, Springfield, and Joplin, hearing, the issues involved in determining its filing with any cost or revenue justi­ Mo...... 39.95 the fair and reasonable final rate shall be fication or any other serious economic 20216 Sioux City, Carroll, and Des Moines, limited to those specifically raised by the Iowa...... 42.10 analysis to justify the proposed LD-3 20217 Des Moines, Iowa, and Grand Island, answer, except insofar as other issues are Nebr...... 41.05 raised in accordance with Rule 307 of the container rates. 20218 Dubuque, Waterloo and Des Moines, rules of practice (14 CFR 302.307). In support of its filings and in its Iowa...... 42.35 answer to Flying Tiger’s complaint, TW A 20219 Des Moines, Iowa, and Kansas City, [F.R. Doc. 70-2335; Filed, Feb. 25, 1970; Mo...... 41.27 8:48 a.m .] states that they will inaugurate B-747 20226 Decorah, Mason City, and Des Moines, service effective February 25, 1970, in Iowa...... 42.08 20227 Sheldon, Spencer, Fort Dodge, and the New York-Califomia markets, that ■ Des Moines, Iowa...... 41.16 [Docket No. 21885; Order 70-2-94] the proposed discounts are experimental 20228 Shenandoah, Iowa, Omaha, Nebr., and Des Moines, Iowa______41.13 as evidenced by the 1-year expiration 20229 Burlington, Ottumwa, and Des TRANS WORLD AIRLINES, INC. date, that the containers in question Moines, Iowa______I. 41.46 29594 Minneapolis/St. Paul (AMF Twin Order Dismissing Complaint were specifically exempted from the in­ Cities), Minn., and Oshkosh, Wis., dustry container agreement, that the via Wausau and Green Bay, Wis___ 56.15 Adopted by the Civil Aeronautics proposed discounts are related to antici­ Board at its office in Washington, D.C., pated carrier savings through container­ Accordingly, pursuant to the Federal on the 20th day of February 1970. ization, as opposed to the discounts being Aviation Act of 1958, and particularly By tariff filings of January 20, 21, and cube-ratio oriented with other contain­ sections 204(a) and 406 thereof, and reg­ 23, 1970, marked for effectiveness Feb­ ers, and that the LD-3 container will by­ ulations promulgated in 14 CFR Part 302, ruary 25,1970, and bearing an expiration pass the terminal loading process as does 14 CFR Part 298, and 14 CFR 385.14(f), date of February 25, 1971,1 Trans World the Type A pallet-igloo, whereas Type It is ordered, That: Airlines, Inc. (TWA), proposes to estab­ B, B-2, and D containers are pallet 1. Sedalia, Marshall, Boonville Stage lish domestic rates for lower-deck freight modules and must be preloaded on pal­ une, Inc., the Postmaster General, Bran- containers to be transported on jumbo- lets prior to loading aboard the aircraft. ifl Airways, Inc., Delta Air Lines, Inc., jet B-747 aircraft2 in the New York- united Air Lines, Inc., Frontier Airlines, California markets. Except for the 3 Agreem ent C A B 21225, approved Dec. 4, uc. North Central Airlines, Inc., Ozark minimum weight employed, TW A ’s B-747 1969, Order 69-12-27. ir Lines, Inc., and all other interested LD-3 container rates are predicated upon 4 The LD-3 container is typically about the all-cargo aircraft Type A pallet and 158-160 cubic feet capacity, as compared with the capacity of the all-cargo aircraft tin« **is order bo show cause is not a fini Type A pallet-igloo of 375 to 500 cubic feet. provides for interested persons 1 The first of two rate filings was posted on 6 The Types B and B-2 containers of ap­ ...h. 5® these matters. It is not regard January 20; the expiration date was added by proximately 200 and 100 cubic feet, respec­ (lÎ^ J ^ th e review provisions of Par a subsequent filing on Jan. 23, 1970. tively, are also rated at the 3,000-pound gen­ aonu^Ki’ P?rt 385)• These provisions w 2 These containers will be universally iden­ eral commodity rate, with unitization dis­ u n d en t*0 final u^tion taken by the tified as the LD-3 lower-deck (belly) counts of 75 and 45 cents per 100 pounds, er authority delegated in § 385.14(g containers. respectively.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3772 NOTICES equivalent increase within the meaning TW A therefore asserts that the proposed agreements. Moreover, the exemption by discounts are appropriate and consistent the carriers in their agreement concern­ of 5 U.S.C. 5335 or 39 U.S.C. 3552. with industry rationale in container ing the LD-3 container clearly contem­ U n it e d S t a t e s C i v i l S er v ­ pricing, namely, savings realized by the plated such freedom. The Board notes, i c e C o m m i s s i o n , carrier. too, that shippers are on notice as to the [ s e a l ] J a m e s C . S p r y , Upon consideration of the complaint, experimental nature of this filing, and Executive Assistant to and other relevant matters, the Board any extension or adjustment thereafter the Commissioners. will presumably be supported by ade­ finds that the complaint does not set [F.R. Doc. 70-2310; Filed, Feb. 25, 1970; forth facts sufficient to warrant investi­ quate justification.6 8:45 a.m .] gation, and the request therefor, and con­ Accordingly, pursuant to the Federal sequently the request for suspension, Aviation Act of 1958, and particularly will be denied and the complaint sections 204(a) and 1002 thereof, dismissed. I t is ordered, That: FEDERAL POWER COMMISSION Plying Tiger has not shown nof does The complaint of the Plying Tiger it appear that the proposed container Lne Inc., in Docket 21885 is dismissed. [Docket No. RI70-1164 etc.] rate would be unlawfully low. The cube- This order will be published in the CONTINENTAL OIL CO. ET AL. ratio discount disparity cited by the F e d e r a l - R e g is t e r . complainant exists, but is not deemed to Order Providing for Hearings on and be controlling, for the reasons stated by By the Civil Aeronautics Board. Suspension of Proposed Changes TWA. The terminal by-pass nature of [ s e a l ] H a r r y J. Z i n k , in Rates 1 the LD-3 container is more analagous Secretary. F e b r u a r y 13, 1970. to the Type A unit than the B, B-2, and D module units, and the comparable dis­ [F.R. Doc. 70-2336; Filed, Feb. 25, 1970; The respondents named herein have count is believed to more equitably reflect 8:48 a.m.] filed proposed increased rates and the probable obtainable savings to the charges of currently effective rate sched­ carrier. In addition, the Board is inclined « As on other container traffic, the Board ules for sales of natural gas under Com­ will expect TWA or other carriers offering mission jurisdiction, as set forth in Ap­ to encourage ratemaking freedom in the the LD-3 container to report such traffic to pendix A hereof. container field, as opposed to the con­ the Board. This data will assist any sub­ sequent evaluation by the Board. The proposed changed rates and fines of industry restraints through charges may be unjust, unreasonable, unduly discriminatory, or preferential, or otherwise unlawful. CIVIL SERVICE COMMISSION The Commission finds: It is in the public interest and consistent with the ACCOUNTANTS ET AL. Natural Gas Act that the Commission enter upon hearings regarding the law­ Notices of Adjustment of Minimum Rates and Rate Ranges fulness of the proposed changes, and that Under the authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil the supplements herein be suspended and Service Commission has authorized a further increase of imnimum rates and ra their use be deferred as ordered below. ranges for prospective application to certain positions, as follows. The Commission orders: (A ) Under the Natural Gas Act, par­ GS—510 ACCOUNTING SERIES ticularly sections 4 and 15, the regula­ GS-512 INTERNAL REVENUE AGENT SERIES tions pertaining thereto (18 CFR Ch. I), GS—343 GAO MANAGEMENT AUDITOR GS—1811 CRIMINAL INVESTIGATOR (APPLICABLE ONLY TO POSITIONS OF SPECIAL AGENTS and the Commission’s rules of practice (INTELLIGENCE) IN INTERNAL REVENUE SERVICE) and procedure, public hearings shall be PFS-5 lO PFS ACCOUNTS AND AUDITORS held concerning the lawfulness of the proposed changes. Geographic coverage: Worldwide (except for positions in GS-1811 and PFS-510; these are (B) Pending hearings and decisions jovered nationwide). , 1(._A Effective date: First day of the first pay period beginning after June 1,1970. thereon, the rate supplements herein are suspended and their use deferred until PER ANNUM RATES date shown in the “Date Suspended 7 8 9 10 Grade l i 2 3 4 5 6 Until” column, and thereafter until made effective as prescribed by the Natural $9,884 . $8,030 $8,236 $8,442 $8,648 $8,854 $9,060 $9,266 $9,472 $9, 678 10,088 10,317 10,546 10,775 Gas Act. GS-fi . 8,943 9,172 9,401 9,630 9,859 10,189 10,444 10,699 10,954 11,209 11,464 11, 719 11,974 (C) Until otherwise ordered by the ÓS-7 . 9,934 12,397 . 10,141 10,423 10,705 10,987 11, 269 11,551 11,833 OS-ft 12,430 12,741 Commission, neither the suspended sup­ rjs Q . 10,564 10,875 11,186 11,497 11,808 12,119 11,962 12,304 12,646 12,988 GS-10.— 10,936 11,278 11,620 plements, nor the rate schedules sought to be altered, shall be changed until dis­ * Corresponding statutory rates: GS-5—tenth; GS-6—tenth; GS-7—tenth; GS-8—seventh; G.S-9—fifth; GS-10— position of these proceedings or expira­ PER ANNUM RATES tion of the suspension period. 10 12 (D) Notices of intervention or peti­ Level1 tions to intervene may be filed w ith the Federal Power Commission, Washington, lilt-..... 93 93 IS IS IS SS SS IS Sg IS W1* D.C. 20426, in accordance with the rules AS AS AS* ffm iia> g« um 13-M0...... of practice and procedure (18 CFR 1-8 » Corresponding statutory rates: PFS-6-seventh; PFS-8-seventh; PFS-10-fifth. and 1.37(f)) on or before April 3, 1970. All new employees in the specified oc­ who immediately prior to the effective By the Commission. date was receiving basic compensation at cupational levels will be hired at the new [ s e a l ] G o r d o n M. G r a n t, minimum rates. one of the statutory or special rates shall Secretary. As of the effective date, all agencies will receive basic compensation at the cor­ process a pay adjustment to increase the responding numbered rate authorized by this notice on and after such date. The 1 Does not consolidate for bearing or dis pay of employees on the rolls in the pose of the several matters herein. affected occupational levels. An employee pay adjustment will not be considered an

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3773

A ppendix A

Kate S“ P* _ , Amount Date Effective Date Cents per Mcf effect11 Docket Respondent sched- pie- Purchaser and producing area of filing date sus------subject No. ale Jaerd annual tendered unless pended Rate in Proposed in- to refund No. No- increase suspended until— effect creased rate in dockets Nos.

B170-1164. Continental Oil Co. 192 4 Colorado Interstate Gas Co. (Lá­ $4,322 1-16-70 8 2-16-70 7-16-70 * 15.01 » 4 » 17. 01 RI68-157, (Operator) et al., Post veme Field, Harper County, Office Box 2197, Hous­ Okla.) (Panhandle Area). ton, Tex. 77001. BI70-1165...... do______254 1 Panhandle Eastern Pipe Line Co. 405 1-16-70 8 2-16-70 7-16-70 15.0 » 4 16.01 (Southeast 41va Field, Woods County, Okla.) (Oklahoma “ Oth­ er” Area). R170-1166- Gulf Oil Corp. (Operator) 168 18 Michigan Wisconsin Pipe Line Co. 30,600 1-22-70 2 2-22-70 7-22-70 » » 18.14 3 4 * » 23.14 et al., Post Office Box (Láveme Field, Harper County, 1589, Tulsa, Okla 74102. Okla.) (Panhandle Area). ____do______243 15 Michigan Wisconsin Pipe Line Co. 40,000 1-22-70 2 2-22-70 7-22-70 s 1 17. 80 3 4 » » 22.80 RT68-141 (North Oakdale, Northwest Oak­ 15,600 1-22-70 2 2-22-70 7-22-70 5 6 10 17. 56 3 4 8 9 10 22. 56 RI68-141. dale and Lenora Fields, Woods and Dewey Counties, Okla. (Oklahoma “ Other” Area) and Northwest Cedardale and North­ west Quinlan Fields, Woodward County, Okla.)(Panhandle Area). .do. 314 2 Michigan Wisconsin Pipe Line Co. 29, 250 1-22-70 2 2-22-70 7-22-70 » M 18. 53 3 4 8 n 20. 78 RI69-520. (Northeast Cheyenne Valley Field, Major County, Okla.) (Oklahoma “ Other” Area). RI70-1167. Gulf Oil Corp______271 3 Michigan Wisconsin Pipe Line Co. 9,375 1-22-70 22-22-70 7-22-70 « « 18.43 3 4 » 42 20.93 (Lovedale F ield, Harper County, Okla.) (Panhandle Area)...... do...... 289 2 Michigan Wisconsin Pipe Line Co. 50 1-22-70 2 2-22-70 7-22-70 •« 18.18 3 4 18 23.18 (Láveme Field, Harper County, Okla.) (Panhandle Area). ____ do...... ______290 2 Michigan Wisconsin Pipe Line Co. 310 1-22-70 2 2-22-70 7-22-70 » *518.08 8 414 18 23. 08 (Laverne Field, Harper County, Okla.) (Panhandle Area)...... do______291 2 ____do______47 1-22-70 2 2-22-70 7-22-70 w w 18. 04 3 4 181« 23.04 ___ do...... 318 2 ____do______152 1-22-70 2 2-22-70 7-22-70 181« 17.99 3 41510 22.99 ...... do______..... ___ 319 2 -----do______. 152 1-22-70 2 2-22-70 7-22-70 18 » 17.99 3 41817 22.99 ...... do...... 117 h Northern Natural Gas Co. (Hugo- 20,000 1-19-70 2 2-19-70 7-19-70 » 12.0 3 4 1813.0 RI65-599. ton Field, Finney, Haskell, and Seward Counties, Kans.). RI70-1168. Sun OU Co., Post Office 253 3 Northern Natural Gas Co. (Laverne 244 1-20-70 2 2-20-70 7-20-70 's 17.0 3 41818.015 Box 3383, Tulsa, Okla. Field, Harper County, Okla.) 74101. (Panhandle Area). RI70-1169- Sohio Petroleum Co., 970 59 5 Natural Gas Pipeline Co. of America 8 1-22-70 2 3-21-70 8-21-70 1818.415 8 418 18.815 RI68-551. First National Office (Camrick Pool, Beaver County, Bldg., Oklahoma City, Okla.) (Panhandle Area). Okla. 73102. Sohio Petroleum Co_____ 119 5 ____do______155 1-22-70 2 3-21-70 8-21-70 is 18.415 8 4 1818.815 RI68-551...... do...... _•______37 -----do______109 1-22-70 2 2-22-70 7-22-70 18 18.415 ___ do______32 3 41818.615 RI68-561 9 Natural Gas Pipeline Co. of Amer­ 187 1-22-70 2 3-21-70 8-21-70 « 18.415 3 41818.815 RI68-551. ica (Camrick Pool, Texas County, Okla.) (Panhandle Area)...... do...... 33 9 -----do______215 1-22-70 2 3-21-70 8-21-70 18 18.415 ---- do______87 3 3 4 » 18.815 RI68-55I. Panhandle Eastern Pipe Line Co. 182 1-22-70 2 2-22-70 7-22-70 »17.0 3 4 » 18. 01 (Northwest Midwell Pool, Cimar­ ron County, Okla.) (Panhandle Area). -----do______102 5 Michigan Wisconsin Pipe Line Co. 23,069 1-22-70 2 2-22-70 7-22-70 818.415 3 4 8 22.015 (Putnam Pool, Dewey County, RI68-551. Okla.) (Oklahoma “ Other” Area). ----- do...... 103 5 Panhandle Eastern Pipe Line Co. 920 1-22-70 2 2-22-70 7-22-70 » 18.415 3 4 » 19.515 (Putnam Pool, Dewey County, RI68-551. Okla.) (Oklahoma “ Other” Area). ... ------do...... Ü ___ r__ 108 1 Northern Natural Gas Co. (Mocane- 164 1-22-70 2 2-22-70 7-22-70 1817.0 3 4 « 18. 015 Lavene Pool, Harper County, Okla.) (Panhandle Area)...... do------118 5 Northern Natural Gas Co. (North­ 327 1-22-70 2 2-22-70 7-22-70 is 17.5 3 4 1818.515 east Camrick Pool, Beaver R 166-201. County, Okla.) (Panhandle Area). RI70-1170. Sohio Petroleum Co. 47 27 Michigan Wisconsin Pipe Line Co. 63,778 1-22-70 2 2-22-70 7-22-70 » 18.415 3 4 » 22.015 RI68-552. (Operator) et al. (Mocane-Laverne Pool, Harper County, Okla.) (Panhandle Area).

RI70-1171. Sohio Petroleum Co. 117 1 Lone Star Gas Co. (East Washing­ 244 1-22-70 2 2-22-70 7-22-70 15.0 3 416.01 (Operator). ton Field, MCClain County, Okla.) (Oklahoma “ Other” Area). RI76-1172. Cabot Corp. (SW), 27 8 Colorado Interstate Gas Co. (Keyes 3,600 1-22-70 2 3- 1-70 8- 1-70 »17.0 3 4 * 18.0 (Operator) et al., Post Field, Texas County, Okla.) RI64-400. Office Box 1101, (Panhandle Area)...... « 4 Colorado Interstate Gas Co. (Keyes 300 1-22-70 2 3- 1-70 8- 1-70 *17.0 » 4 » 18.0 Field, Cimarron County, Okla.) R 164-400. (Panhandle Area). RI70-1174. Braden Drilling, Inc. 10 9 Colorado Interstate Gas Co. (Hu- 720 1-19-70 2 2-19-70 .7-19-70 « 13.5 8 4 is 14.5 RI64-414. (Operator) et al., goton Field, Hamilton County, 1620 Wichita Plaza Kans.). Bldg., Wichita, Kans. 67202 RI70-1175. Phillips Petroleum Co. 409 3 Panhandle Eastern Pipe Line Co. 4,417 1-19-70 2 3- 1-70 8- 1-70 « 19.96 3 4 8 22.905 (Operator) et al., (Northeast Soiling Field, Major RI69-418. Bartlesville, Okla. County, Okla.) (Oklahoma 74003. “ Other” Area). ----- do..______421 is 3 Panhandle Eastern Pipe Line Co. 393 1-19-70 2 2-19-70 7-19-70 *17.865 16 20 20. 247 (Selling Field, Dewey County, Okla.) (Oklahoma “ Other” Area and Woodward County, Okla.) (Panhandle Area). HI70-H76. MobU Oil Corp., Post 304 8 Cities Service Gas Co. (Guymon- 12,698 1-19-70 2 2-19-70 7-19-70 1« « 19.0 * 4 18 81 19.5 Office Box 1774, Hugoton (Deep), Texas County, RI67-272J Houston, Tex. 77001. Okla.) (Panhandle Area). See footnotes at end of table.

No. 39- FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3774 NOTICES

A p p e n d ix A'— Continued

Rate in Rate Sup- Amount. Date Effective Date Cents per Mcf effect sched-. ple- Purchaser and producing area of filing date sus------subject Docket Respondent annual tendered unless pended Rate in Proposed in- to refund No, ule ment No. No. increase suspended until— effect creased rate in dockets . Nos.

2»9.0 8 8 28 io. 0 R 170-1177- Texaco, Inc., Post Office 213 3 Phillips Petroleum Co. (Texas Hu- 22 $865 1-19-70 a 4- 1-70 9- 1-70 RI65-565. Box 52332, Houston, goton Field, Moore County, Tex.) Tex. 77052 (RR. District No. 10) RI70-1178- Cleary Petroleum Corp. 11 21 Arkansas Louisiana Gas Co. (Star 8,628 1-19-70 2 2-19.70 7-19-70 16.8 8 8 17.815 RI67-371. (Operator) et al., 310 Field, Blanie and Kingfisher RI66-183. Kermac Bldg., Okla­ Counties, Okla.) (Oklahoma RI65-443. “ Other” Area). homa City, Okla. 73120 >814.0 8 8 18 15.0 RI70-1179- National Cooperative 2 7 Cities Service Gas Co. (northeast . 2,753 1-19-70 2 2-19-70 7-19-70 RI65-395. Refinery Association, Rhodes, Hardtner, and Donald Fields, Barber County, Kans.). McPherson, Kans. 67460 w 11.0 8 8 « 14.0 RI70-1180. Richome Oil Co. (Opera- 1 15 Colorado Interstate Gas Co. (Texas 5,310 1-21-70 28 2-21-70 7-21-70 tor) et al., Amarillo Panhandle Field, Moore County, Bldg., Amarillo, Tex. Tex.) (RR. District No. 10). 79101

2 The stated effective date is the effective date requested by Respondent. 18 Subject to upward B.t.u. adjustment. 8 Periodic rate increase. »«Includes 1.04-cent upward B.t.u. adjustment. 8 Pressure base is 14.65 p.s.i.a. « Includes 0.99-cent upward B.t.u. adjustment. 8 Subject to upward and downward B.t.u. adjustment. 18 Subject to a downward B.t.u. adjustment. « Includes 1.14-cent upward B.t.u. adjustment. 18 Applicable only to production from Dewey County. 88 Filing to initial contract rate. 1 1ncludes 0.80-cent upward B.t.u. adjustment. 8 Oklahoma “ Other” Area production. 21 Includes 1 cent per Mcf service charge for gathering and delivery for non- 8 Oklahoma Panhandle Area production. Associated Gas and 2 cents per Mcf for Associated Gas paid by buyer. io includes 0.56-cent upward B.t.u. adjustment, 22 Phillips gathers and processes the gas and resells the gas to interstate pipeline n Includes 1.28-cent upward B.t.u. adjustment. companies at rates which are subject to refund. 12 Includes 1.43-cent upward B.t.u. adjustment, 28 Buyer deducts 0.4466 cent from rates shown for sour gas. is Includes 1.18-cent upward B.t.u. adjustment, 2< The stated effective date is the first day after expiration of the statutory notice. n Includes 1.08-cent upward B.t.u. adjustment.

Richome Oil Co. (Operator) et al. (Rich­ duly discriminatory, or preferential, or Gas Act and § 154.102 of the regulations ome) , requests a retroactive effective date otherwise unlawful. thereunder, accompanied by a certifi­ of January 1, 1969, for its proposed rate in­ The Commission finds: It is in the cate showing service of copies thereof crease. Good cause has not been shown for public interest and consistent with the upon all purchasers under the rate waiving the 30-day notice requirement pro­ schedule involved. Unless respondents vided in section 4(d) of the Natural Gas Act Natural Gas Act that the Commission to permit an earlier effective date for Rich- enter upon hearings regarding the law­ are advised to the contrary within 15 ome’s rate filing and such request is denied. fulness of the proposed changes, and days after the filing of their respective All of the producers’ proposed increased that the supplements herein be sus­ agreements and undertakings, such rates and charges exceed the applicable area pended and their use be deferred as agreements and undertakings shall be price levels for increased rates as set forth ordered below. deemed to have been accepted.2 in the Commission’s statement of general The Commission orders: (C) Until otherwise ordered by the policy No. 61-1, as amended (18 CFR, Chap­ Commission, neither the suspended sup­ ter I, Part 2, § 2.56). (A ) Under the Natural Gas Act, par­ ticularly sections 4 and 15, the regula­ plements, nor the rate schedules sought [P.R. Doc. 70-2257; Piled, Feb. 25, 1970; to be altered, shall be changed until dis­ 8:45 a.m.] tions pertaining thereto (18 CFR Ch. I ) , and the Commission’s rules of practice position of these proceedings or expira­ and procedure, public hearings shall be tion of the suspension period. [Docket No. RI70-1160 etc.] held concerning the lawfulness of the (D) Notices of intervention or peti­ GULF OIL CORP., ET AL. proposed changes. tions to intervene may be filed with the (B) Pending hearings and decisions Federal Power Commission, Washing­ Order Providing for Hearing on and thereon, the rate supplements herein are ton, D.C. 20426, in accordance with the Suspension of Proposed Changes suspended and their use deferred until rules of practice and procedure (18 CFR date shown in the “Date Suspended in Rates, and Allowing Rate 1.8 and 1.37 (f ) ) on or before April 3, Changes To Become Effective Sub­ Until” column, and thereafter until made effective as prescribed by the 1970. ject to Refund 1 Natural Gas Act: Provided, however, By the Commission. F e b r u a r y 13, 1970. That the supplements to the rate sched­ ules filed by respondents, as set forth [ s e a l ] G o r d o n M. G r a n t, The respondents named herein have Secretary. filed proposed changes in rates and herein, shall become effective subject to charges of currently effective rate sched­ refund on the date and in the manner ules for sales of natural gas under Com­ herein prescribed if within 20 days from 2 If an acceptable general undertaking, as mission jurisdiction, as set forth in the date of the issuance of this order provided in Order No. 377, has previous y respondents shall each execute and file been filed by a producer, then it will not fie Appendix A hereof. necessary for that producer to file an agree­ The proposed changed rates and under its above-designated docket num­ ber with the Secretary of the Commis­ m ent and undertaking as provided herein, in charges may be unjust, unreasonable, un- such circumstances the producer’s propose sion its agreement and undertaking to increased rate will become effective a s j' , expiration of the suspension period without l Does not consolidate for hearing or dis­ comply with the refunding and report­ pose of the several matters herein. ing procedure required by the Natural any further action by the producer.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES O91717 / / Dp;

A ppendix A

Effec­ Cents per Mcf Rate in Bate Sup- Amount Date tive Date Docket Respondent sched­ pie- Purchaser and producing area of filing date SUS- Rate in Proposed ilo. ale ment annual tendered unless pended effect Increased ' fund in No. No. increase sus­ until— rate dockets pended Nos.

RI70-1160. Gulf Oil Corp...... 286 1 Northern Natural Gas Co. (Brad­ $48 1-19-70 » 1-19-70 41-20-70 7 17.0 8 8 7 17. 0638 ford Tonkawa Field, Lipscomb County, Tex.) (R R. District No. 10)...... do...... 322 1 Panhandle Eastern Pipe Line Co. 314 1-19-70 « 1-19-70 41-20-70 8 » 20. 06 8 8 8 » 20.1352 (Feldman Douglas Field, Hemp­ hill County, Tex.) (R R. District No. 10)...... do...... 298 1 Northern Natural Gas Co. (Hans­ 127 1-19-70 « 1-19-70 4 1-20-70 717.0 8 8 7 17.0638 ford Upper Morrow Field, Hans­ ford County, Tex.) (RR. District No. 10). ____do...... 284 4 Northern Natural GaS Co. (Hans­ 692 1-19-70 8 1-19-70 * 1-20-70 717.0 8 8 7 17.0638 ford Field, Hansford Counties, Tex.) (RR. District No. 10)...... do...... 293 1 Panhandle Eastern Pipe Line Co. 135 1-19-70 « 1-19-70 ‘ 1-20-70 17.0 8 8 17.0638 (Frantz Upper Morrow Field, Ochiltree County, Tex.) (RR. District No. 10)...... do...... 301 1 Panhandle Eastern Pipe Line Co. 181 1-19-70 81-19-70 ‘ 1-20-70 17.0 * 8 17.0638 (West Perryton Lower Morrow Field, Ochiltree County, Tex.) (RR. District No. 10). ____d o ...„...... 310 3 Northern Natural Gas Co. (Shapley 66 1-19-70 81-19-70 4 1-20-70 717.0 8 8 7 17. 0638 Morrow B Field, Hansford Coun­ ty, Tex.) (RR. District No. 10)...... do...... 384 1 Natural Gas Pipeline Co. of Amer­ 38 1-19-70 8 1-19-70 4 1-20-70 8 w 17.323 8 8 8 78 17.388 ica (Smith Perryton Field, Ochil­ tree County, Tex.) (RR. District No. 10)...... do____ ...... 288 3 Natural Gas Pipeline Co. of Amer­ 129 1-19-70 81—19—7C1 ‘ 1-20-70 717.0 88 7 17.0638 ica (Mobeetie Fields, Wheeler County, Tex.) (RR. District No. 10)...... do______..... 286 3 Northern Natural Gas Co. (Clemen­ 1,212 1-19-70 8 1-19-70 ‘ 1-20-70 7 17.0 8 8 7 17.0638 tine Upper Morrow Field, Hans­ ford County, Tex.) (RR. District No. 10)...... do...... 385 2 Northern Natural Gas Co. (Kille- 69 1-19-70 8 1-19-70 4 1-20-70 8 » 18. 071 8 8 8 7718.1388 brew Upper Morrow Field, Rob­ erts County, Tex.) (RR. District No. 10). RI70-1161. Texaco, Inc., Post 18 344 2 Panhandle Eastern Pipe Line Co. 678 1-19-70 u 3- 1-70 4 3- 2-70 7 16.0 8 7 u 17.0 Office Box 2420, Northeast Carthage Field, Texas Tulsa, Okla. 74102. County, Okla.) (Panhandle Area). Texaco, Inc., Post 410 4 Lone Star Gas Co. (Willow Springs 395 1-19-70 8 1-19-70 ‘ 1-20-70 17.0 8 8 17.6588 RI68-609. Office Box 430, Field, Gregg County, Tex.) (RR. Bellâtre, Tex. 77401. District No. 6)...... do______380 3 Lone Star Gas Co. (Danville Field, 4,941 1-19-70 81-19-70 41-20-70 17.0 8 8 17.6588 RI69-755. Rusk and Gregg Counties, Tex.) (RR. District No. 6). RI70-1162. Sohio Petroleum Co__ 38 5 Panhandle Eastern Pipe Line Co. 3 1-22-70 1* 2-22-70 ‘ 2-23-70 717.0 8 8 7 17.01 RI67-259. (Light Pool, Beaver County, Okla.) (Panhandle Area)...... do____ .... ______129 1 Northern Natural Gas Co. (Mocane- 30 1-22-70 u 2-22-70 ‘ 2-23-70 «17.0 8 8 8 17. 015 - Laverne Pool, Beaver County, Okla.) (Panhandle Area)...... do...... ^___ 29 5 Natural Gas Pipeline Co. of Amer­ 3 1-22-70 7‘ 2-22-70 4 2-23-70 8 17.0 8 8 8 17.015 RI66-276. ica (Morrow Sand Pool, Beaver County, Okla.) (Panhandle Area)...... do...... 39 11 Panhandle Eastern Pipe Line Co. 2 1-22-70 M 2-22-70 4 2-23-70 714.0693601 8 8 7 14.0793601 RI67-63. (Light Pool, Beaver County, Okla.) (Panhandle Area). .do. 78 104 2 Cities Service Gas Co., Northeast 1,144 1-22-70 1< 2-22-70 4 2-23-70 7 1« 14.0 8 78 7815.0 RI65-402. Waynoka Pool, Woods County, Okla.) (Oklahoma “ Other” Area). •do...... Ill 5 Colorado Interstate Gas Co. (West 2,059 1-22-70 81-22-70 41-23-70 714.0 887 14275 RI69-292. Panhandle Pool, Hutchinson County, Tex.) (RR. District No. 10)...... do...... 126 1 Natural Gas Pipeline Co. of Ameri­ 11 1-22-70 14 2-22-70 ‘ 2-23-70 717.0 8 8 7 17.015 ca (Camrick Pool, Beaver Coun­ ty, Okla.) (Panhandle Area). RI70-1163. Geological Explora- 1 4 Lone Star Gas Co. (Henderson 61 1-19-70 8 1-19-70 41-20-70 14.49 8 8 14.620 tion Co., 301 Pine- Pettgt Field, Rusk County, Tex.) tree Road, Long­ (RR. District No. 6). view, Tex. 76601. ------do...... 2 2 Lone Star Gas Co. (Penn Griffith 14 1-19-70 8 1-19-70 41-20-70 14.49 8 8 14.520 Field, Rusk County, Tex.) (RR. District No. 6).

No^ 90 s*a*e<^ ®ff®°ttve date is the date of filing pursuant to the Commission’s orde 78 Periodic rate increase. 1» Contract dated after Sept. 28,1960, the date of issuance of the Commission’s state­ 1 fr 6 suspension period is limited to 1 day. ment of general policy statement No. 61-1 and increased rate does not exceed the i ax reimbursement increase. initial service rate ceiling. 7 W bus® is 14.65 p.s.i.a. a The stated effective date is the first day after expiration of the statutory notice. ! «nK;®cî î° a downward B.t.u. adjustment. 1« Contract dated after Sept. 28,1960, the date of Issuance of general policy statement » H S , upward and downward B.t.u. adjustment. No. 61-1 and proposed rate does not exceed the initial service ceiling. i« W w K 3Æ ents upward B.t.u. adjustment, 78 Buyer deducts 0.75-cent from rate shown for dehydrating gas. n Thitl8! 0;323-cent upward B.t.u. adjustment. 77 Includes 1.071-cent upward B.t.u. adjustment. e stated effective date is the effective date requested by Respondent.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3776

Certain respondents request waiver of the [Docket No. RI70-1181 etc.] supplements to the rate schedules filed by respondents, as set forth herein, shall statutory notice to permit an effective date SIGNAL OIL AND GAS CO. ET AL. as of the date of filing for their proposed become effective subject to refund on the rate increases. Good cause has been shown Order Providing for Hearing on and date and in the manner herein pre­ for waiving the 30-day notice requirement Suspension of Proposed Changes scribed if within 20 days from the date provided in section 4(d) of the Natural Gas of the issuance of this order respondents Act to permit such requested effective dates in Rates, and Allowing Rate shall each execute and file under its for filings relating solely to the Texas pro­ Changes To Become Effective Sub­ duction tax reimbursement. above-designated docket number with Several of the proposed rate increases here­ ject to Refund 1 the Secretary of the Commission its in reflect the 0.6-percent increase in the agreement and undertaking to comply F e b r u a r y 13, 1970. production tax from 7 percent to 7.5 percent with the refunding and reporting proce­ enacted by the State of Texas on Septem­ The respondents named herein have dure required by the Natural Gas Act ber 9, 1969, to be effective as of October 1, filed proposed changes in rates and and § 154.102 of the regulations there­ 1969. The producers’ proposed rates exceed charges of currently effective rate sched­ under, accompanied by a certificate the applicable area ceiling rate for the area ules for sales of natural gas under Com­ showing service of copies thereof upon involved as set forth in the Commission s mission jurisdiction, as set forth in Ap­ statement of general policy No. 61-1, as all purchasers under the rate schedule amended, and should be suspended for 1 day pendix A hereof. involved. Unless respondents are advised from the date of filing, pursuant to the Com­ The proposed changed rates and to the contrary within 15 days after the mission’s Order No. 390 issued October 10, charges may be unjust, unreasonable, filling of their respective agreements and 1969. unduly discriminatory, or preferential, undertakings, such agreements and Several of the proposed rate increases or otherwise unlawful. undertakings shall be deemed to have herein reflect reimbursement for the Okla­ The Commission finds: It is in the been accepted.8 homa excise tax which became effective on public interest and consistent with the July 1, 1967. Consistent with previous Com­ (C) Until otherwise ordered by the Natural Gas Act that the Commission Commission, neither the suspended sup­ mission action taken on Oklahoma tax filings enter upon hearings regarding the law­ we conclude that the producers’ increases plements, nor the rate schedules sought fulness of the proposed changes, and containing such tax reimbursement should to be altered, shall be changed until dis­ that the supplements herein be sus­ be suspended for 1 day upon expiration of position of these proceedings or expira­ pended and their use be deferred as or­ the statutory notice. tion of the suspension period. The contracts related to Texaco, Inc. dered below. (Texaco) (Supplement No. 2 to Texaco’s (D) Notices of intervention or peti­ The Commission orders: tions to intervene may be filed with the PPC Gas Rate Schedule No. 344) and Sohio (A ) Under the Natural Gas Act, par­ Petroleum Co. (Sohio) (Supplement No. 2 Federal Power Commission, Washington, to Sohio’s PPC Gas Rate Schedule No. 104) ticularly sections 4 and 15, the regula­ D.C. 20426, in accordance with the rules were executed subsequent to September 28, tions pertaining thereto (18 CFR Ch. I), of practice and procedure (18 CFR 1.8 1960, the date of issuance of the Commis­ and the Commission’s rules of practice and 1.37(f)) on or before April 6, 1970. sion’s statement of general policy No. 61-1, and procedure, public hearings shall be as amended, and the proposed rates exceed held concerning the lawfulness of the By the Commission. the area increased rate ceilings but do not proposed changes. [ s e a l ] G o r d o n M . G r a n t , exceed the initial service ceilings for the (B) Pending hearings and decisions Secretary. areas involved. We believe, in this situation, thereon, the rate supplements herein are Texaco and Sohio’s proposed rate filings, suspended and their use deferred until 8 If an acceptable general undertaking, mentioned above, should be suspended for date shown in the “ Date Suspended as provided in Order No. 377, has previously 1 day from March 1, 1970 (Texaco), the re­ Until” column, and thereaf ter until made been filed by a producer, then it will not be necessary for that producer to file an agree­ quested effective date, and February 22, 1970 effective as prescribed by the Natural Gas Act: Provided, however, That the ment and undertaking as provided herein. (Sohio), the expiration date of the statutory In such circumstances the producer’s pro­ notice. posed increased rate will become effective as of the expiration of the suspension period [P.R. Doc. 70-2258; Filed, Peb. 25, 1970; i Does not consolidate for hearing or dis­ without any further action by the producer. 8:45 a.m.] pose of the several matters herein.

Cents per Mcf Rate to Amount Date Effective D ate — effect sub“ Docket Rate Sup- sus- Rate in Proposed in- ject to re­ No. Respondent sched- ple- Purchaser and producing area of annual filing date increase tendered unless pended effect creased rate rand to ule ment until— dockets Nos. No. No. suspended

8 8 to 18.5 81 8 20.0 RI70-1181- Signal Oil & Gas Co. 21 1 Southern Natural Gas Co. (Blocks (•) 1-16-70 « 2-16-70 8 2-17-70 (Operator) et al., 1010 273,305, and 306, Main Pass Area, Vilshire Blvd., Offshore, Louisiana). Los Angeles, Calif. 90017. » 19.0 ?» 19.5 RI70-1182. Getty Oil Co., Post Office 56 »23 Tennessee Gas Pipeline Co., a divi- $56,250 1-16-70 » 2-16-70 8 2-17-70 Box 1404, Houston, Tex. sion of Tenneco Ino. (Grand Isle 77001. Block 43 Field, West Delta Area, Offshore, Louisiana). » 15.0 » 1? 16.2250 RI70-1183. Texaco, Inc. (Operator) 407 3 El Paso Natural Qas Co. (Moxa 293 1-16-70 » 1-16-70 81-17-70 et al., Post Office Box Field, Lincoln and Sweetwater 2100, Denver, Colo. 80201. Counties, Wyo.).

ii Applies only to the sale of gas well gas from acreage added by Supplement No. 11 8 No gas well gas presently being produced. * The stated effective date is the first day after expiration of the statutory notice Acreage located in disputed zone. . , . __ period, or the date of initial delivery, whichever is later. « The stated effective date is the effective date requested by responaeni. s The suspension period is limited to 1 day. »Increase to area base rate established in Opinion No. 546 for second vmw* 8 Rate increase filed pursuant to the contractual pricing provisions and Ordering Onshore Qas Well Gas. . . , , , '. .__A nf ig 5 cents- Paragraph (A) of Opinion No. 546-A. » Temporary certificated rate being collected subject to a renmd floo • ^ ?.Pressure base is 15.026 p.s.i.a. » The stated effective date is the date of filing pursuant to the Comnussiou 8 Subject to quality adjustments. i ■ 390 issued Oct. 10,1969. 8 Area base rate for third vintage offshore gas well gas as established in Opinion «8 Tax reimbursement increase. No. 546. ^ . » Pressure base is 14.65 p.s.i.a w Initial rate for the sale of gas well gas as conditioned by temporary certificate » Initial rate. ssued July 14,1969, in Docket No. CI69-1097. The proposed rate increase filed by Signal shore gas well gas under contracts entitled tage price established in (18.5 cents fo r offshore gas well gas i Gil and Gas Co. (Operator) et al. (Signal), to a third vintage price of 18.5 cents as ad­ from 18.5 cents to 20 cents per Mcf, involves justed for quality) and permitted such pro­ to quality adjustments), , _ ftC„ a sale of third vintage gas well gas in Off­ ducers to file for contractually authorized Consistent with previous Com“ Jf de tliat tlon on similar rate filings, we j,e shore Louisiana and was filed pursuant to increases up to the 20-cent base rate estab­ ordering paragraph (A) of Opinion No. 546-A lished in O pinion No. 546 fo r onshore gas w ell S ign al’s proposed rate expira- suspended for 1 day from the date *£rom which lifted the Indefinite moratorium im­ gas. Signal was issued a temporary certificate tion of the statutory notice, or for 1 day posed in Opinion No. 546 as to sales of off­ authorizing the collection of the third vin­

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3777

the date of initial delivery, whichever is later. [Docket No. G-7241 etc.] negotiations, with Central Illinois Light Thereafter, the proposed increased rate may Co., on March 10, 1969. Because of the be placed in effect subject to refund under AZTEC OIL & GAS CO. ET AL. possible ultimate effect of affiliation dis­ the provisions of section 4(e) of the Natural Gas Act pending the outcome of the Area Findings and Order cussions, no action or decision was taken Rate Proceeding instituted in Docket No. with respect to the offers for various por­ F e b r u a r y AR69-1. 13, 1970. tions of Commonwealth gas and down- Getty Oil Co.’s proposed rate increase10 In the findings and order after statu­ state electric properties. On October 15, from a temporary certificated rate of 19 cents tory hearing issuing certificates of public 1969, Central Illinois Light Co. termi­ being collected subject to a refund floor of convenience and necessity, dismissing nated its affiliation discussions with 18.5 cents per M c f20 to 19.5 cents, is for sec­ application, amending orders issuing Commonwealth. However, immediately ond vintage gas well gas sold from the Grand Isle Block 43 Field, West Delta Area, Offshore certificates, permitting and approving thereafter Commonwealth reviewed pre­ Louisiana (Disputed Zone). Getty’s proposed abandonment of service, terminating vious offers and is currently negotiating rate of 19.5 cents is equal to the area rate proceeding, substituting respondents, with others. established in Opinion No. 546 for second making successor co-respondent, redes­ In the response, Commonwealth states vintage gas well gas produced from within ignating proceedings, making rate that while its plans for exchange and the State taxing jurisdiction but exceeds the changes effective, accepting agreements divestment of properties is definite, the 18-cent rate established for second vintage and undertakings for filing, requiring time for consummation is uncertain be­ gas well gas produced from the Federal Domain. filing of agreement and undertaking, and cause of the complexity of the negotia­ Consistent with prior Commission action accepting related rate schedules and tions and the necessity to avoid short- on similar increases, we conclude that Getty’s supplements for filing, issued January 7, time duress which could be adverse to proposed increase should be suspended for 1970, and published in the F e d e r a l Commonwealth’s interest. It therefore 1 day upon expiration of the statutory notice, R e g is t e r , January 17, 1970, 35 F.R. 645, suggests that the Commission retain and thereafter Getty should be permitted to in paragraph ( c ) ; on page 647 change jurisdiction for a reasonable additional collect the increased rate subject to refu nd the first sentence to read as follows: period with a requirement it report at of those am ounts attribu table to the 1.5- The initial rates for sales authorized cent difference in the offshore and onshore intervals on the progress of further area rate paid for gas finally held to have in Dockets Nos. CI69-345 and CI70-235 negotiations. been produced iro m the Federal Dom ain. shall be 15 cents per Mcf at 14.65 p.s.i.a. The Commission finds : Texaco, Inc.’s (Texaco), proposed rate in­ and 16 cents per Mcf at 14.65 p.s.i.a., Commonwealth has been making dili­ crease reflects partial reimbursement of a respectively. gent effort to divest itself of the gas and severance tax enacted in the State of W y o ­ G o r d o n M. G r a n t , electric properties referred to in Com­ ming. Texaco’s proposed increase reflects a Secretary. mission’s order of December 2, 1966, and double amount of contractually entitled tax its request for additional time appears reimbursement to provide reimbursement for [F.R. Doc. 70-2337; Filed, Feb. 25, 1970; taxes applicable to future production as well 8:49 a.m.] reasonable. as reimbursement for taxes applicable to past The Commission orders : production back to January 1, 1968. Since (A ) Paragraph (C) of Commission’s Texaco’s proposed rate filing reflects only tax [Docket No. E-7275] order issued December 2, 1966, is hereby reimbursement we conclude that it should be COMMONWEALTH EDISON CO. AND modified to the extent that additional suspended for 1 day from January 16, 1970, time of 1 year from December 1, 1969, is the date of filing, with waiver of notice CENTRAL ILLINOIS ELECTRIC AND granted Commonwealth within which to granted. GAS CO. After the amount of tax reimbursement show cause why it should continue to applicable to past production has been re­ Order Extending Time own and operate the gas and electric covered, Texaco shall file an appropriate rate properties mentioned therein and no decrease under its F PC G as Rate Schedule No. F e b r u a r y 18, 1970. later than June 1,-1970, it shall file an 407 to reduce the rate proposed herein so as The Commission in its order issued interim report showing what progress to provide for tax reimbursement for future December 2, 1966, in this docket retained has been made. production only. Texaco will also be required jurisdiction over the question of Com­ to refund any reimbursement relating to the (B) All other terms and conditions of Wyoming tax collected in this proceeding in monwealth’s continued operation of Cen­ thé order shall remain the same. tral’s downstate divisions; namely, Lin­ the event the tax is for any reason held in­ By the Commission. valid upon judicial review. coln and associated Homer and Bement [ s e a l ] G o r d o n M . G r a n t , [P.R. Doc. 70-2259; Filed, Feb. 25, 1970; areas, and the Albion division and over 8:45 a.m.] the question of Commonwealth’s con­ Secretary. tinued operation of the gas distribution [F.R. Doc. 70-2338; Filed, Feb. 25, 1970; facilities of Central, for a final determi­ 8:49 a.m.] [Docket Nos. RI 70-1142, RI 70-1143] nation by subsequent order. The order SOUTHERN UNION GATHERING CO. provided that not later than December 1, 1969, Commonwealth shall show why it ET AL. should continue to own and operate such Order Providing for Hearings on and properties. The order also provided for FEDERAL COMMUNICATIONS Suspension of Proposed Changes in interim reports on or before December 1, Rates 1967, and December 1, 1968. COMMISSION On November 29, 1967, and Decern-, Correction ber 2, 1968, respectively, Commonwealth CLOSED CIRCUIT TEST OF EMER­ GENCY BROADCAST SYSTEM qoon ^°.c' 70-1866 appearing on page filed the interim reports and on Novem­ o090*in the issue for Tuesday, February ber 26, 1969, filed its response called for Order i'the bracket should read as set in the order referred to above. forth above. The response carries forward the his­ In the matter of a closed Circuit Test tory of Commonwealth’s efforts to ex­ of Emergency Broadcast System (EBS) change and divest itself of the gas and Technical and Program Origination 9 Limited to the sale of gas well gas pro­ downstate electric properties it acquired Channels associated with NIAC Order duced from acreage dedicated by an agree­ ment dated Aug. 31, 1964 (Second Vintage from Central. Since the Second Interim No. 10 (Key Biscayne, Fla.). Report was filed. Commonwealth on De­ 1. The Commission has received from No Ï * 0* * ’ 1968> Gtetty under O pinion cember 30,1968, transferred its gas heat­ the White House Communications 1« „ * a refund obligation down to ing properties to its newly formed sub­ Agency a letter dated January 21, 1970, o cents if the gas is finaUy held to have sidiary, Mid-Illinois Gas Co. which now requesting a closed circuit test of Emer­ produced in the Federal Domain. owns and operates them. It resumed gency Broadcast System (EBS) technical

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3778 NOTICES and program origination channels asso­ California. Areas eligible for Federal assist­ Issued February 20, 1970. ance will be determined by the Director of ciated with NIAC Order No. 10 (Key By order of the Commission: Biscayne, Fla.), to be conducted on the Office of Emergency Preparedness. March 4, 1970, from 12:40 to 12:50 p.m., Notice is hereby given that pursuant to K e n n e t h R . M a s o n , e.s.t., pursuant to § 73.962(b) of the the authority vested in me by the Presi­ Secretary. Commission’s rules and regulations. dent under Executive Order 11495, No­ [F.R. Doc. 70-2318; Filed, Feb. 25, 1970; 2. This request has been coordinated vember 18, 1969 (34 F.R. 18447, Novem­ 8:47 a.m .] with the nationwide Commercial Radio ber 20, 1969) to administer the Disaster Broadcast Networks and the American Relief Act of 1969 (Public Law 91-79, 83 Telephone and Telegraph Co. in accord­ Stat. 125), I hereby appoint Mr. Ralph ance with the provisions of § 73.962(b). D. Burns, Regional Director, OEP Region DEPARTMENT OF LABOR 7, to act as the Federal Coordinating Of­ 3. In this specific instance I find it is Wage and Hour Division desirable to conduct the closed-circuit ficer to perform the duties specified by test broadcast, utilizing NIAC Order No. section 9 of that act for this disaster. CERTIFICATES AUTHORIZING THE EM­ 10 (simulated). Coordinated arrange­ I do hereby determine the following PLOYMENT OF LEARNERS AT SPE­ ments and voluntary agreement have areas in the State of California to have CIAL MINIMUM WAGES been accomplished among the White been adversely affected by the catas­ House Communications Agency, the na­ trophe declared a major disaster by the Notice is hereby given that pursuant tionwide commercial Radio Broadcast President in his declaration of Feb­ to section 14 of the Fair Labor Standards Networks (ABC, CBS, IMN, MBS, NBC, ruary 16, 1970: Act of 1938 (52 Stat. 1060, as amended, UPI-Audio), and the American Tele­ The counties of: 29 U.S.C. 201 et seq.) and Administrative Order No. 595 (31 F.R. 12981) the firms phone and Telegraph Co. Butte. Plum as. 4. I t is ordered, Pursuant to § 0.381 of Colusa. Shasta. listed in this notice have been issued the Commission’s rules and regulations, G lenn. Siskiyou. special certificates authorizing the em­ That the provisions of § 73.962(a) are Lake. Sutter. ployment of learners at hourly wage suspended until further notice. Lassen. Teham a. rates lower than the minimum wage M arin. Trinity. rates otherwise applicable under section 5. It is further ordered, Pursuant to Modoc. Y u ba. 6 of the act. For each certificate, the § 0.381 of the Commission’s rules and Dated: February 19, 1970. effective and expiration dates, number regulations, That the following closed or proportion of learners and the princi­ circuit test of the EBS be conducted, in G . A . L i n c o l n , pal product manufactured by the estab­ accordance with § 73.962(b). Director, lishment are as indicated. Conditions Dated, March 4, 1970 at 12:40 to 12:50 Office of Emergency Preparedness. on occupations, wage rates, and learning p.m., e.s.t., NIAC Order: No. 10 (Simula­ [F.R. Doc. 70-2293; Filed, Feb. 25, 1970; periods which are provided in certifi­ tion), Origination Point: Key Biscayne, 8:46 a.m .] cates issued under the supplemental in­ dustry regulations cited in the captions Fla. below are as established in those regula­ Adopted: February 16,1970. tions; such conditions in certificates not Released: February 18, 1970. TARIFF COMMISSION issued under the supplemental industry [T E A I—A—9] regulations are as listed. F e d e r a l C ommunications Apparel Industry Learner Regulations C o m m i s s i o n , CERTAIN FLOOR COVERINGS (29 CFR 522.1 to 522.9, as amended and [ s e a l ] R o b e r t W e l l s , 29 CFR 522.20 to 522.25, as amended). Defense Commissioner. Notice of Investigation and Hearing The following normal labor turnover [F.R. Doc. 70-2317; Filed, Feta. 25, 1970; Investigation instituted. On February certificates authorize 10 percent of the 8:47 a.m .] 19, 1970, the U.S. Tariff Commission, total number of f actory production work­ upon request of the President, instituted ers except as otherwise indicated. an investigation in connection with the Andrews Manufacturing Co., Andrews, preparation of advice to the President, Tex.; 2-2-70 to 2-1-71. (women’s dresses). OFFICE OF EMERGENCY pursuant to section 351(d) (2) of the Berwick Shirt Co., Inc., Berwick, Pa.; Trade Expansion Act of 1962, with re­ 1_ 30_70 to 1-29-71 (men’s shirts). spect to Wilton (including brussels) and Big Yank Corp., Water Valley, Miss.; PREPAREDNESS velvet (including tapestry) floor cover­ 1-28-70 to 1-27-71 (m en ’s and boys’ pants CALIFORNIA and girls’ jeans). ings and floor coverings of like character Big Yank Corp., Tyrone, Pa.; 2-4-70 to Notice of Major Disaster and Related or description, other than imitation ori­ 2-3-71 (men’s pants). Determinations ental floor coverings, of the kinds de­ C & M Sportswear M anufacturing Co., Me- scribed in item 922.50 in part 2A of the shoppen, Pa.; 2-1-70 to 1-31-71; 10 learners Pursuant to the authority vested in me appendix to the Tariff Schedules of the (men’s and-ladies’ outerwear jackets). by the President under Executive Order United States. Chester M an u factu ring Co., Henderson, 10427 of January 16, 1953, Executive Tenn.; 1-31-70 to 1-30-71 (juvenile pants). The Commission’s function under sec­ Colshire Manufacturing Co., Inc., Morgan­ Order 10737 of October 29, 1957, and tion 351(d) (2) is to advise the President town, W. Va.; 2-1-70 to 1-31-71 (mens Executive Order 11051 of September 27, of its judgment of the probable eco­ p a ja m a s ). - . 1962 (18 F.R. 407, 22 F.R. 8799, 27 F.R. nomic effect on the domestic industry D illon M an u factu ring Co., Savannan, 9683); and by virtue of the Act of Sep­ concerned of the reduction or termina­ Tenn.; 1-29-70 to 1-28-71 (men’s and tember 30, 1950, entitled “An Act to tion of the increase in duty provided for women’s service apparel). authorize Federal assistance to States Donlin Sportswear, Tnc., New Tazewel, in item 922.50. Tenn.; 1-27-70 to 1-26-71 (men’s sport and local governments in major disasters, Public hearing ordered. A public hear­ and for other purposes” (42 U.S.C. 1855- shirts). . 7n ing in connection with the aforemen­ E & W of Dover, Inc., Dover, Tenn.; 1855g); notice is hereby given that on tioned investigation will be held begin­ to 1-23-71 (men’s work pants). February 16,1970, the President declared ning at 10 a.m., e.s.t., on April 21, 1970, E & W of Yazoo City, Inc., Yazoo city, a major disaster as follows; in the Hearing Room, Tariff Commission Miss.; 2-1-70 to 1-31-71 (men’s and boys I have determined that the damages in Building, Eighth and E Streets NW., P Eastw ill Sportswear Co., Inc., Greenwood, those areas of the State of California, ad­ Washington, D.C. Interested parties de­ S.C.; 2-2-70 to 2-1-71 (men’s and boys versely affected by severe storms and flood­ siring to appear and to be heard at the ing beginning on or about December 17, shirts and men’s uniform shirts). The Enro Shirt Co., Inc., Madisonvilie, ny.. 1969, are of sufficient severity and magnitude hearing should notify the Secretary of to warrant a major disaster declaration under the Commission, in writing, at least 3 2-1-70 to 1-31-71 (men’s shirts). Glamorise Foundations, Inc., Dennoi , Public Law 81-875. I therefore declare that days in advance of the date set for the Ark.; 2-3-70 to 2-2-71 (women’s brassieres;. such a major disaster exists in the State of hearing.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3779

The Jay Garment Co., Brookville, Ind.; the issuance of any of these certificates with pertinent authority conferred upon 1-31-70 to 1-30-71 (men’s and boys’ pants). may seek a review or reconsideration it by the Interstate Commerce Act. The Jay Garment Co., Portland, Ind.; thereof within 15 days after publication 1- 31-70 to 1-30-71 (men’s work clothing). (f) Effective date. This order shall be­ Kinston Shirt Co., Kinston, N.C.; 1-31-70 of this notice in the F e d e r a l R e g is t e r come effective at 11 a.m., February 19, to 1-30-71 (m en’s shirts and p a ja m a s ). pursuant to the provisions of 29 CFR 1970. The H. D. Lee Co., Inc., Sulphur Springs, 522.9. The certificates may be annulled (g) Expiration date. This order shall Tex.; 2-3-70 to 2-2-71 (m en ’s western p a n t s ). or withdrawn, as indicated therein, in expire at 11:59 p.m., March 31, 1970, un­ The Manhattan Shirt Co., Charleston, the manner provided in 29 CFR Part less otherwise modified, changed, or S.C.; 1-26-70 to 1-25-71 (m en ’s s h irt s ). 528. suspended. Mount Airy Pants Factory, Mount Airy, It is further ordered, That this order Md.; 1-29-70 to 1-28-71; 10 learners (men’s Signed at Washington, D.C., this 17th work pants.). day of February 1970. shall be served upon the Association of Primo Pants Co., Versailles, Mo.; 2-1-70 American Railroads, Car Service Divi­ to 1-31-71 (m en’s p a n t s ). R o b e r t G . G r o n e w a l d , sion, as agent of all railroads subscribing Publix Shirt Corp., Hazleton, Pa.; 1-30-70 Authorized Representative to the car service and per diem agree­ to 1-29-71 (m en ’s and boys’ dress and sport of the Administrator. ment under the terms of that agreement; shirts). [F.R. Doc. 70-2312; Filed, Feb. 25, 1970; and that it be filed with the Director, The Raleigh Corp., Raleigh, Miss.; 1-31-70 8:47 a.m .] Office of the Federal Register. to 1-30-71 (ladies’ sla ck s). Rosebud Manufacturing Co., Vidalia, Ga.; Issued at Washington, D.C., February 2- 1-70 to 1-31-71 (w om en ’s lin g e rie ). 19, 1970. Soperton Manufacturing Co., Soperton, I n t e r s t a t e C o m m e r c e Ga.; 2-3-70 to 2-2-71 (men’s sport shirts). INTERSTATE COMMERCE Sparta Garment Co., Sparta, Ga.; 2-1-70 C o m m i s s i o n , to 1-31-71 (m en’s and boys’ p a n t s ). COMMISSION [ s e a l ] R . D , P f a h l e r , Levi Strauss & Co., Warsaw, Va.; 1-30-70 Agent. [S.O. 994; IOC Order No. 41] to 1-29-71 (m en ’s work p a n t s ). [F.R. Doc. 70-2331; Filed, Feb. 25, 1970; Sturgis Clothing Co., Sturgis, Ky.; 2-1-70 ANN ARBOR RAILROAD 8:48 a.m .] to 1-31-71 (m en’s p a n t s ). Tennessee Overall Co., Tullahoma, Tenn.; Rerouting Traffic 1-29-70 to 1-28-71 (m e n ’s p a n t s ). [S.O. 1002; Car Distribution Direction No. 78; In the opinion of R. D. Pfahler, Am dt. 3 ] Cigar Industry Learner Regulations agent, the Ann Arbor Railroad is unable (29 CFR 522.1 to 522.9, as amended, and to transport traffic over car ferries at BALTIMORE AND OHIO RAILROAD 29 CFR 522.80 to 522.85, as amended). Menominee, Mich., because of ice CO. ET AL. Jno. H. Swisher & Son, Inc., Cullman, Ala.; conditions. Car Distribution 2-1-70 to 1—31—71; 10 percent o f the total It is ordered, That: number of factory production workers for (a) Rerouting traffic. The Ann Arbor The Baltimore and Ohio Railroad Co., normal labor turnover purposes. Chicago and North Western Railway Co., Jno. H. Swisher & Son, Inc., Jacksonville, Railroad, being unable to transport traf­ Fla.; 2-1-70 to 1—31—71; 10 percent of the fic over car ferries at Menominee, Mich., Great Northern Railway Co. total num ber of factory production workers because of ice conditions, is hereby au­ Upon further consideration of Car Dis­ for normal labor turnover purposes. thorized to reroute or divert such traffic tribution Direction No. 78, and good Jno. H. Swisher & Son, Inc., Waycross, Ga.; over any available route to expedite the cause appearing therefor: 2-1-70 to 1—31—71; 10 percent of the total movement, regardless of the routing It is ordered, That: number of factory production workers for Car Distribution Direction No. 78 be, normal labor turnover purposes. shown on the waybill. The billing cov­ ering all such cars rerouted or diverted and it is hereby, amended by substituting Glove Industry Learner Regulations shall carry a reference to this order as the following paragraph (4) for para­ (29 CFR 522.1 to 522.9, as amended and authority for the .rerouting. graph (4) thereof: (4) Expiration date. This direction 29 CFR 522.60 to 522.65, as amended). (b) Concurrence of receiving roads to shall expire at 11:59 p.m., March 29, Coshocton Plant, Coshocton, Ohio; 2-1-70 he obtained. The railroad desiring to di­ to 1-31-71; 10 percent of the total num ber of vert or reroute traffic under this order 1970, unless otherwise modified, changed machine stitchers fo r norm al labor turnover or suspended. purposes (work glo v es). shall receive the concurrence of other railroads to which such traffic is to be It is further ordered, That this amend­ Mount Vernon Plant, Mount Vernon, Ohio; ment shall become effective at 1 1 :59 p.m., 1-31-70 to 1-30-71; 10 percent of the total diverted or rerouted, before the rerout­ ing or diversion is ordered. February 22, 1970, and that it shall be f1 v,mker m achine stitchers for norm al served upon the Association of American labor turnover purposes (w ork g lo v es ). (c) Notification to shippers. Each car­ Mountain City Glove Co., Inc., Shouns, Railroads, Car Service Division, as agent rier rerouting cars in accordance with of all railroads subscribing to the car Tenn.; 1-29-70 to 1-28-71; 10 percent of the this order shall notify each shipper at total number of m achine stitchers fo r norm al service and per diem agreement under the time each car is rerouted or diverted labor turnover purposes (w o rk gloves). the terms of that agreement; and that it and shall furnish to such shipper the new The following learner certificate was be filed with the Director, Office of the routing provided under this order. Federal Register. issued in Puerto Rico to the company (d) Inasmuch as the diversion or re­ hereinafter named. The effective and ex­ routing of traffic is deemed to be due to Issued at Washington, D.C., Febru­ piration dates, learner rate, occupation, carrier disability, the rates applicable ary 18, 1970. learning period and the number of learn- to traffic diverted or rerouted by said I n t e r s t a t e C o m m e r c e ers authorized to be employed, are as agent shall be the rates which were ap­ C o m m i s s i o n , indicated. plicable at the time of shipment on the [ s e a l ] R. D. P f a h l e r , Agent, Cini«Un nCiales’ Inc- (Stripping Division) shipments as originally routed. n S ’ P R ’ 1~7- 70 7-6-70; 10 learners for (e) In executing the directions of the [F.R. Doc. 70-2329; Filed, Feb. 2>5, 1970; of *??ansl°* Purposes in the occupation Commission and of such Agent provided 8:48 a.m .] of ifiov.me striPPing> for a learning period for in this order, the common- carriers (tobacco)°UrS at the rate ° f $1'32 an hom involved shall proceed even though no [S.O. 1002; Car Distribution Direction No. 71; contracts, agreements, or arrangements Am dt. 6] * * Earner certificate has been is- now exist between them with reference THE KANSAS CITY SOUTHERN RAIL­ pmVTi Upon the representations of the to the divisions of the rates of transpor­ WAY CO. AND CHICAGO, ROCK w p fofw which’ among other things, tation applicable to said traffic; divisions ISLAND AND PACIFIC RAILROAD cioi J?- , emPloyment of learners at spe- shall be, during the time this order re­ tn ra^es is necessary in order mains in force, those voluntarily agreed CO. f0rPJ curtailment of opportunities upon by and between said carriers; or Car Distribution work<^

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3780 NOTICES

It is ordered, That: Upon further consideration of Car in Washington, D.C., on the 18th day of Car Distribution Direction No. 71 be, Distribution Direction No. 77, and good February 1970. and it is hereby, amended by substituting cause appearing therefor: It appearing, that the decline in the the following paragraph (4) for para­ I t is ordered, That: number of freight cars of the Nation’s graph (4) thereof : Car Distribution Direction No. 77 be, railroads and the shortages in their (4) Expiration date. This direction and it is hereby, amended by substitut­ availability which occur from time to shall expire at 11:59 p.m., March 29, ing the following paragraph (4) for time require that they be utilized as 1970, unless otherwise modified, changed, paragraph (4) thereof: effectively and fully as possible and, to­ or suspended. (4) Expiration date. This direction ward this end, that they be returned to It is further ordered, That this amend­ shall expire at 11:59 p.m., March 29, the carriers following the consignees’ ment shall become effective at 11:59 p.m., 1970, unless otherwise modified, changed, unloading in such condition as will per­ February 22, 1970, and that it shall be or suspended. mit their use without further unloading served upon the Association of American I t is further ordered, That this amend­ or cleaning by the carriers; Railroads, Car Service Division, as agent ment shall become effective at 11:59 It further appearing, That Rules 14 of all railroads subscribing to the car p.m., February 22, 1970, and that it shall and 27 of the Uniform Freight Classifi­ service and per diem agreement under be served upon the Association of Amer­ cation and other tariffs of the Nation’s the terms of that agreement; and that ican Railroads, Car Service Division, as railroads, which oblige consignees fully it be filed with the Director, Office of the agent of all railroads subscribing to the to unload carloads of freight, impose Federal Register. car service and per diem agreement upon such consignees the duty to remove under the terms of that agreement; and all dunnage, debris or other foreign Issued at Washington, D.C., Febru­ that it be filed with the Director, Office matter connected with the inbound ary 18, 1970. of the Federal Register. shipments; I n t e r s t a t e C o m m e r c e It further appearing, that the United Issued at Washington, D.C., Febru­ States District Court for the District of C o m m i s s i o n , ary 18, 1970. [ s e a l ] R. D. P f a h l e r , Minnesota, in Civil Action No. 4-69 Civ. I n t e r s t a t e C o m m e r c e Agent. 459, A. E. Staley Manufacturing Co., et C o m m i s s i o n , al v. United States, et a!., in an opinion [F.R. Doc. 70-2327; Filed, Feb. 25, 1970; [ s e a l ] R. D. P f a h l e r , and order entered January 29, 1970, ex­ 8:48 a.m.] ' Agent. pressed its doubt that such tariffs re­ [F.R. Doc. 70-2328; Filed, Feb. 25, 1970; quire consignees to remove non-reusable [S.O. 1002; Car Distribution Direction No. 8:48 a.m .] paper grain doors from box cars used in 67; Am dt. 7] the transportation of bulk grain on the PENN CENTRAL CO. AND CHICAGO, [S.O. 1002; Car Distribution Direction No. premise that these are a part of the cars 79; Am dt. 3] and as such are not freight, and enjoined BURLINGTON & QUINCY RAILROAD SOUTHERN PACIFIC CO. AND GREAT preliminarily the Commission from en­ CO. forcing such a construction of the tariffs; Car Distribution NORTHERN RAILWAY CO. It further appearing, that to the ex­ Car Distribution tent that such tariffs need clarification Upon further consideration of Car in order to make certain that they oblige Distribution Direction No. 67, and good Upon further consideration of Car consignees to remove all dunnage, debris, cause appearing therefor: Distribution Direction No. 79, and good or other foreign matter connected with I t is ordered, That: cause appearing therefor: inbound shipments, including nonreus- Car Distribution Direction No. 67 be, It is ordered, That: able paper grain doors and other grain and it is hereby, amended by substitut­ Car Distribution Direction No. 79 be, door debris from box cars used in the ing the following paragraph (4) for and it is hereby, amended by substituting transportation of bulk grain, such tariffs paragraph (4) thereof: the following paragraph (4) for para­ should be amended accordingly to settle (4) Expiration date. This direction graph (4) thereof: that duty upon the consignees as an inci­ shall expire at 11:59 p.m., March 29, (4) Expiration date. This direction dent to their obligation fully to unload 1970, unless otherwise modified, changed, shall expire at 11:59 p.m., March 29, carloads of freight; and good cause ap­ or suspended. 1970, unless otherwise modified, changed, pearing therefor: I t is further ordered, That this amend­ or suspended. It is ordered, That an investigation be, ment shall become effective at 11:59 It is further ordered, That this amend­ and it is hereby, instituted upon the p.m., February 22,1970, and that it shall ment shall become effective at 11:59 p.m. Commission’s own motion, into and con­ be served upon the Association of Amer­ February 22, 1970, and that it shall be cerning Rules 14 and 27, and, addition­ ican Railroads, Car Service Division, as served upon the Association of American ally, Rule 30 of the Uniform Freight agent of all railroads subscribing to the Railroads, Car Service Division, as agent ■Classification and exceptions thereto as car service and per diem agreement of all railroads subscribing to the car published, for example, in item 73-series under the terms of that agreement; and service and per diem agreement under to Western Trunk Line Committee, that it be filed with the Director, Office the terms of that agreement; and that it Agent, ICC A-4615, and other tariffs of of the Federal Register. be filed with the Director, Office of the the Nation’s railroads, with a view to Issued at Washington, D.C., Febru­ Federal Register. determining whether they require amendment so as to remove any doubt ary 18, 1970. Issued at Washington, D.C., February that the obligation they place upon con­ 18,1970. I n t e r s t a t e C o m m e r c e signees fully to unload carloads of freight I n t e r s t a t e C o m m e r c e C o m m i s s i o n , imposes upon them the duty to remove C o m m i s s i o n , [ s e a l ] R. D. P f a h l e r , all dunnage, debris, and other foreign Agent. [ s e a l ] R. D. P f a h l e r , Agent. matter connected with the inbound ship­ [F.R. Doc. 70-2326; Filed, Feb. 25, 1970; ments, including nonreusable P®P®J [F.R. Doc. 70-2330; Filed, Feb. 25, 1970; 8:47 a.m .] grain doors in box cars used for tn 8:48 a.m .[ transportation of bulk grain, and otne grain door debris; . [S.O. 1002; Car Distribution Direction No. [N o . 35237] It is further ordered, That all railroad 77; Am dt. 5] CONSIGNEES’ OBLIGATION TO UN­ operating in interstate or foreign com­ READING CO. ET AL. LOAD RAIL CARS IN COMPLIANCE merce Within the United States and su - ject to the Interstate Commerce Act, be, Car Distribution WITH CARRIERS’- PUBLISHED and they are hereby, made responden TARIFFS Reading Co., Western Maryland Rail­ in this proceeding; way Co., Baltimore and Ohio Railroad Order I t is further ordered, That n0.0.1\a_ Co., and Chicago, Rock Island and At a general session of the Interstate hearings be scheduled for the receiving Pacific Railroad Co. Commerce Commission, held at its Office of testimony in this proceeding unless

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3781 need therefor should later appear, but FSA No. 41902— Commodity rates from 130 at Parry, N.J., thence over U.S. High­ that respondents or any interested per­ and to Bayport, Tex. Filed by Southwest­ way 130 to junction U.S. Highway 1, just sons may participate in this proceeding ern Freight Bureau, agent (No. B-142), north of Milltown, N.J., and return over by submitting for consideration writ­ for interested rail carriers. Rates on the same route, for operating conven­ ten statements1 of facts, views and various commodities moving on com­ ience only. The notice indicates that the arguments; modity rates, in carloads and less-than- carrier is presently authorized to trans­ It is further ordered, That all respond­ carloads, from and to Bayport, Tex., on port the same commodities, over a perti­ ents and any interested persons shall the one hand, and points in the United nent service route as follows: Between submit and file their statements on or States and Canada, on the other. Philadelphia, Pa., and New York, N.Y., before April 1, 1970, and any reply state­ Grounds for relief—Rate relationship. over U.S. Highway 1. ments, on or before May 1, 1970; FSA No. 41903—Potassium (potash) By the Commission. It is further ordered, That such re­ from Brendel and Potash, Utah. Filed by spondents and interested persons wish­ Western Trunk Line Committee, agent [ s e a l ] H . N e i l G a r s o n , ing to participate in this proceeding by (No. A-2620), for interested rail carriers. Secretary. the submission of statements shall no­ Rates on potassium (potash), in car­ [F.R. Doc. 70-2320; Filed, Feb. 25, 1970; tify the Commission, by filing with the loads, as described in the application, 8:47 a.m .] Secretary, Interstate Commerce Com­ from Brendel and Potash, Utah, to points mission, Washington, D.C. 20423, on or in Illinois, Iowa, Kansas, Missouri, and before March 1, 1970, the original and Nebraska. [N otice 17] one copy of a statement of his intention Grounds for relief—Market competi­ MOTOR CARRIER APPLICATIONS AND to participate; that the Commission shall tion. CERTAIN OTHER PROCEEDINGS then prepare and make available a list Tariff— Supplement 106 to Western containing the names and addresses of Trunk Line Committee, agent, tariff ICC F e b r u a r y 20,1970. the parties to this proceeding, upon A-4540. The following publications are gov­ whom copies of all statements and reply By the Commission. erned by the new Special Rule 247 of the statements must be served when they are Commission’s rules of practice, published filed with the Commission; [ s e a l ] H. N e i l G a r s o n , in the F e d e r a l R e g is t e r , issue of De­ And it is further ordered, That a copy Secretary. cember 3, 1963, which became effective of this order be served upon the Uniform [F.R. Doc. 70-2323; Filed, Feb. 25, 1970; January 1,1964. Classification Committee, 202 Union Sta­ 8:47 a.m .] The publications hereinafter set forth tion, Chicago, 111. 60606; Association of reflect the scope of the applications as American Railroads, Railroad Building, [N otice 7] filed by applicant, and may include de­ Washington, D.C., and the railroad re­ scriptions, restrictions, or limitations spondents and that notice of this pro­ MOTOR CARRIER ALTERNATE ROUTE which are not in a form acceptable to the ceeding be given the general public by DEVIATION NOTICES Commission. Authority which ultimately posting a copy of this in the Office of the may be granted as a result Of the appli­ Secretary of the Interstate Commerce F e b r u a r y 20, 1970. cations, here noticed will not necessarily Commission, at Washington, D.C., for The following letter-notices of pro­ reflect the phraseology set forth in the public inspection. posals to operate over deviation routes application as filed, but also will elimi­ By the Commission. for operating convenience only have nate any restrictions which are not ac­ been filed with the Interstate Commerce ceptable to the Commission. [ s e a l] H. N e i l G a r s o n , Commission under the Commission’s Re­ Secretary. vised Deviation Rules-Motor Carriers of A pplications A s s ig n e d f o r O r a l H e a r in g [F.R. Doc. 70-2332; Piled, Feb. 25, 1970; Property, 1969 (49 CFR 1042.4(d) (11)) 8:48 a.m .] and notice thereof to all interested per­ m o t o r c a r r ie r s o f p r o p e r t y sons is hereby given as provided in such No. MC 109126 (Sub-No. 12) (Republi- rules (49 CFR 1042.4(d) (11)).. FOURTH SECTION APPLICATIONS FOR cation), filed May 5, 1969, published in Protests against the use of any pro­ the F e d e r a l R e g is t e r issue of July 31, RELIEF posed deviation route herein described 1969, and republished this issue. Appli­ may be filed with the Interstate Com­ F e b r u a r y 20,1970.' cant: LA SALLE TRUCKING COM­ merce Commission in the manner and Protests to the granting of an applica­ PANY, a corporation, 2286 Main Street, form provided in such rules (49 CFR San Diego,- Calif. 92113. Applicant’s rep­ tion must be prepared in accordance 1042.4(d) (12)) at any time, but will not with Rule 1100.40 of the general rules resentative: Donald Murchison, 211 operate to stay commencement of the of practice (49 CFR 1100.40) and filed South Beverly Drive, Beverly Hills, Calif. proposed operations unless filed within 90212. By application filed May 5, 1969, within 15 days from the date of pub­ 30 days from the date of publication. lication of this notice in the F e d e r a l applicant seeks a certificate of public R egister. Successively filed letter-notices of the convenience and necessity authorizing same carrier under the Commission’s operation, in interstate or foreign com­ L o n g - a n d -S h o r t H a u l Revised Deviation Rules-Motor Carriers merce, as a common carrier by motor ^°- 41901—Roofing and building of property, 1969, will be numbered con­ vehicle, of general commodities, with the material to Boca Raton, Fla. Filed by secutively for convenience in identifica­ usual exceptions, between certain points. Southwestern Freight Bureau, agent (No. tion and protests, if any, should refer An order of the Commission, Review R -H l), for interested rail carriers. Rates to such letter-notices by number. Board No. 3, decided February 2, 1970, and served February 9, 1970, finds that on roofing and building material, in car- M o t o r C a r r ie r s o f P r o p e r t y oads, as described in the application, the present and future public conven­ irom Mesquite and Scottdale, Tex., to No. MC 31084 (Deviation No. 1) , BLUE ience and necessity require operation by Boca Raton, Fla. COMET EXPRESS, INC., 1901 Torres- applicant as a common carrier by motor dale Avenue, Philadelphia, Pa. 19124, vehicle, over irregular routes, ( 1 ) of gen­ ticmr°UndS ° r re^e^—Market competi- filed February 12, 1970. Carrier^ repre­ eral commodities (except commodities of sentative: L. Agnew Myers, Jr., Suite unusual value, household goods as de­ A.Ja£iff~ Supplement 24 to Southwest- 1122 Warner Building, E at 13th Street fined by the Commission, classes A and 4791 rGlght Bureau> agent, tariff ICC NW„ Washington, D.C. 20004. Carrier B explosives, commodities in bulk, com­ proposes to operate as uncommon carrier, modities requiring special equipment, by motor vehicle, of general commodi­ Dr„n„ of verification under oath, anj motor vehicles, and radio-active ma­ th» si atement may be made subject tx ties, with certain exceptions, over a de­ viation route as follows: From Philadel­ terials) ; (a) in foreign commerce only, clar/ +v,°^lng declaration; “I solem nly de- between Los Angeles and San Diego, dopnmo, * 1 have examined the foregoing phia, Pa., over city streets to the Tacony- o S i,and that statements of facl Palmyra Bridge, thence over New Jersey Calif., and points in Imperial County, contained therein are tru e." Highway 73 to junction U.S. Highway Calif., on the one hand, and, on the other,

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 No. 39------6 3782 NOTICES the ports of entry of San Ysidro, Calex­ operation in interstate or foreign com­ sas, Louisiana, and Oklahoma. An order ico, and Tecate, Calif., on the interna­ merce, as a common carrier by motor of the Commission, Operating Rights tional boundary line between the United vehicle, over irregular routes, of physical Board, dated January 30, 1970, and States and Mexico; and (b) in interstate fitness, gymnastic, athletic, and sporting served February 17, 1970, finds that the or foreign commerce, between points in goods equipment, barbells, bars, pipe, present and future public convenience San Diego, Orange, and Imperial Coun­ tubing, exercycles, and boat anchors, be­ and necessity require operation by appli­ ties, Calif., points in that portion of Los tween the plantsite of Diversified Prod­ cant, in interstate or foreign commerce, Angeles County, Calif., lying on and ucts Corp. at West Haven, Conn., on as a common carrier by motor vehicle, south of a line beginning at junction the one hand, and, on the other, points over irregular routes, of dry fertilizer, California Highway 126 and the Ventura- in Alabama, Kentucky, Illinois (except from Texas City, Tex., to points in Kan­ Los Angeles County boundary line (east Chicago and its commercial zone)_, In­ sas, Louisiana, and Oklahoma; that ap­ of Pirn, Calif.) and extending east along diana, Mississippi, Louisiana, Michigan, plicant is fit, willing, and able properly California Highway 126 to junction In­ West Virginia, Wisconsin and Minnesota to perform such service and to conform terstate Highway 5, thence along Inter­ (points east of the west boundaries of to the requirements of the Interstate state Highway 5 to junction California Itasca and Koochiching Counties). An Commerce Act and the Commission’s Highway 14, thence along California order of the Commission, Operating rules and regulations thereunder. Be­ Highway 14 to junction California High­ Rights Board, dated January 30, 1970, cause it is possible that other persons, way 138, thence along California High­ and served February 17, 1970, finds that who have relied upon the notice of the way 138 to junction Los Angeles-San the present and future public conven­ application as published, may have an Bernardino County boundary line, points ience and necessity require operation by interest in and would be prejudiced by in that portion of San Bernardino applicant, in interstate or foreign com­ the lack of proper notice of the authority County, Calif., lying south of the south­ merce, as a common carrier by motor described in the finding in this order, a ern boundaries of Angeles National For­ vehicle, over irregular routes, of sport­ notice of the authority actually granted est and San Bernardino National Forest, ing goods and recreational equipment, will be published in the F e d e r a l R egister and that portion of Riverside County, and bars, pipe, or tubing used in the and issuance of a certificate in the pro­ Calif., lying west of a line beginning at manufacture thereof, between the plant- ceeding will be withheld for a period of junction of Interstate Highway 10 and site of Diversified Products Corp. and 30 days from the date of such publica­ the San Bemardino-Riverside County West Haven, Conn., on the one hand, tion, during which period any proper boundary line and extending south along and, on the other, Alabama, Kentucky, party in interest may file an appropriate Interstate Highway 10 to Beaumont, Illinois (except Chicago and its commer­ petition to reopen or for other appro­ Calif., and thence along California High­ cial zone), Indiana, Mississippi, Louisi­ priate relief setting forth in detail the way 79 to junction Riverside-San Diego ana, Michigan, West Virginia, Wisconsin, precise manner in which it has been so County boundary line; and and those points in Minnesota east of the prejudiced. (2) Of petroleum products, in bulk, in Mississippi River, and a line extendng No. MC 133892 (Republieation), filed tank vehicles; (a) in foreign commerce north from the intersection of the Missis­ July 7, 1969, published in the F ederal only between San Diego and Los Angeles, sippi River with the western boundary of R e g is t e r issue of August 28,1969, and re­ Calif., on the one hand, and, on the Itasca County, Minn., along said western published this issue. Applicant: B & W other, the ports of entry of San Ysidro boundary of Itasca County and the west­ SERVICE, INC., 26 Itasca Street (Bos­ and Calexico, Calif., on the international ern boundary of Koochiching County, ton), Mattapan, Mass. 02126. Applicant’s boundary line between the United States Minn., to the international boundary line representative: Frank J. Weiner, Inves­ and Mexico; and (b) in interstate or for­ between the United States and Canada; tors Building, 536 Granite Street, Brain­ eign commerce, between points in Cali­ that applicant is fit, willing, and able tree, Mass. 02184. By application filed fornia in and south of San Luis Obispo, properly to perform such service and to July 7,1969, as amended, applicant seeks Kings, Tulare, and Inyo Counties, Calif., conform to the requirements of the Inter­ a permit authorizing operations, in inter­ and between points in Fresno County, state Commerce Act and the Commis­ state or foreign commerce, as a contract Calif., within 50 miles of Lone Pine, sion’s rules and regulations thereunder. carrier by motor vehicle, over irregular Calif.; that applicant is fit, willing, and Because it is possible that other persons routes, of such merchandise as is dealt in able properly to perform such service who have relied upon the notice of the by retail stores engaged in the selling of and to conform to the requirements of application as published, may have an games, toys, bicycles, cribs, children’s the Interstate Commerce Act and the interest in and would be prejudiced by furniture, recreational equipment and Commission’s rules and regulations the lack of proper notice of the authority apparatus, and in connection therewith, thereunder. Because it is possible that described in the findings in this order, equipment, materials, and supplies, used other persons who have relied upon the a notice of the authority actually granted in the conduct of such business; (1) be­ notice of the application as published, will be published in the F e d e r a l R e g is t e r tween Boston, Mass., and Avon, Mass.; may have an interest in and would be and issuance of a certificate in this pro­ and (2) between Avon and Dedham, prejudiced by the lack of proper notice ceeding will be withheld for a period Mass., on the one hand, and, on the other, of the authority described in the findings of 30 days from the date of such publi­ Milford, Conn.; Portland, Maine; in this order, a notice of the authority cation, during which period any proper Nashua, N.H.; and Providence, R.I.; re­ actually granted will be published in the party in interest may file a petition to stricted to a transportation service to be F e d e r a l R e g is t e r and issuance of a cer­ reopen or for other appropriate relief performed under a continuing contract tificate in this proceeding will be with­ setting forth in detail the precise man­ or contracts with Child World, Inc., of held for a period of 30 days from the date ner in which it has been so prejudiced. Dedham, Mass., and restricted in (2) of such publication, during which period No. MC 128799 (Sub-No. 3) (Republi­ above to the transportation of commodi­ any proper party in interest may file a cation), filed August 11, 1969, published ties originating at and destined to the facilities of Child World, Inc.; An order petition to reopen or for other appro­ F e d e r a l R e g is t e r issue o f September 5, priate relief setting forth in detail the 1969, and republished this issue. Appli­ of the Commission, Operating Rights precise manner in which it has been so cant: C. B. THOMPSON, doing business Board, dated January 30, 1970, ana prejudiced. as C B T TRUCKING, 1500 East Powell, served February 17, 1970, finds that op­ No. MC 115162 (Sub-No. 174) (Repub­ Fort Worth, Tex. 76104. Applicant’s eration by applicant, in interstate or lication), filed June 5, 1969, published representative: M. Ward Bailey, 2412 foreign commerce, as a contract carrie by motor vehicle, over irregular routes, in the F e d e r a l R e g is t e r issue of July 10, Continental Life Building, Fort Worth, 1969, and republished this issue. Appli­ Tex. 76102. By application filed Au­ of such merchandise as is dealt m Dy retail department stores, and equipmen ^ cant: POOLE TRUCK LINE, INC., Post gust 11, 1969, applicant seeks a certifi­ Office Box 310, Evergreen, Ala. 36401. cate of public convenience and necessity materials, and supplies used in the op­ Applicant’s representative: Robert E. authorizing operation, in interstate or eration of retail department stores Tate (same address as above). By appli­ foreign commerce, as a common carrier, between Boston, Mass., and Avon, Ma®®-’ cation filed June 5, 1969, as amended, by motor vehicle, over irregular routes of and (2) between Avon, Mass., and Ded­ applicant seeks a certificate of public fertilizer, dry (except in tank vehicles), ham, Mass., on the one hand, and, on convenience and necessity authorizing from Texas City, Tex., to points in Kan­ the other, Milford, Conn., Portland,

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3783

Maine, Nashua, N.H., and Providence, thence over Illinois Highway 17 to junc­ chase—AMERICAN CARTAGE CO.), R.I., restricted in (2) above to the trans­ tion Illinois Highway 17 and Kankakee published in the January 28, 1970, issue portation of commodities originating at County line, thence south along Kan­ of the F e d e r a l R e g is t e r , on page 1138. and destined to the facilities of Child kakee County line to junction Kankakee This notice to show the correct authority World, Inc.; under a continuing contract County line and Illinois Highway 115, sought to be transferred should read: with Child World, Inc.; will be consistent thence over Illinois Highway 115 to junc­ Under a certificate of registration, in with the public interest and the national tion U.S. Highway 54 and Illinois High­ Docket No. 120642 Sub-1, covering the transportation policy; that applicant is way 115, thence over U.S. Highway 54 to transportation of general commodities, fit, willing, and able properly to perform junction U.S. Highway 54 and W ill as a common carrier, in interstate com­ such service and to conform to the re­ County line, thence east along Will merce, within the State of California. quirements of the Interstate Commerce County line to junction W ill County line No. MC-F-10755. Authority sought for Act and the Commission’s rules and reg­ and Illinois-Indiana State line, thence continuance in control by SM YTH ulations thereunder. Because it is possi­ north along Illinois-Indiana State line WORLDWIDE MOVERS, INC., 11616 ble that other persons, who have relied to Lake Michigan and north along Lake Aurora Avenue North, Seattle, Wash. upon the notice of the application as Michigan shore line to the beginning, as 98133, of (1) SMYTH VAN & STOR­ published, may have an interest in and off-route points in connection with ap­ AGE CO., INC., 11616 Aurora Avenue would be prejudiced by the lack of proper plicant’s authorized operations. N ote: North, Seattle, Wash. 98133; (2) notice of the authority described in the This matter is directly related to MC-F- SMYTH MOVING & STORAGE CO., findings in this order, a notice of the 10664 published in F ederal R egister INC., 11616 Aurora Avenue North, authority actually granted will be pub­ issue of November 26, 1969. If a hearing Seattle, Wash. 98133; (3) SM YTH VAN lished in the F ederal R egister and the is deemed necessary, applicant requests & STORAGE CO. OF CALIFORNIA, issuance of a permit in this proceeding it be held at Lansing, Mich., or Chicago, INC., 11616 Aurora Avenue North, will be withheld for a period of 30 days HI. Seattle, Wash. 98133; and (5) SM YTH from the date of such publication, dur­ No. MC 108937 (Sub-No. 34), filed MOVING & STORAGE CO. OF CALIF. ing which period any proper party in January 23, 1970. Applicant: M URPHY INC., 11616 Aurora Avenue North, interest may file a petition to reopen or MOTOR FREIGHT LINES, INC., 2323 Seattle, aWsh. 98133; and (5) SM YTH for other appropriate relief setting forth Terminal Road, St. Paul, Minn. 55113. OVERSEAS VAN LINES, INC., 11616 in detail the precise manner in which it Applicant’s representatives: Axelrod, Aurora Avenue North, Seattle, Wash. has been so prejudiced. Goodman & Steiner, 39 South La Salle 98133, and for acquisition by THE Applications for Certificates or P er­ Street, Chicago, 111. 60603, and Richard GOLDEN CYCLE CORPORATION, 115 mits W hich A re To B e P rocessed G. Birmingham, Marine Trust Building, Barnes Avenue, Colorado Springs, Colo., Concurrently W ith A pplications Buffalo, N.Y. 14203. Authority sought to of control of SMYTH VAN & STORAGE Under Section 5 G overned B y S pecial operate as a common carrier, by motor CO., INC., SM YTH MOVING & STOR­ Rule 240 to the Extent A pplicable vehicle, over regular and irregular routes, AGE CO., INC., SM YTH VAN & STOR­ transporting: (1) Regular routes: Gen­ AGE CO. OF CALIFORNIA, INC., No. MC 35628 (Sufo-No. 301), filed eral commodities, between Niagara Falls, SM YTH MOVING & STORAGE CO. OF November 19, 1969. Applicant: IN TER­ N.Y., and Buffalo, N.Y.; from Niagara CALIF., INC., and SM YTH OVERSEAS STATE MOTOR FREIGHT SYSTEM, Falls over New York Highway 384 to Buf­ VAN LINES, INC., through the acquisi­ 134 Grandville SW., Grand Rapids, Mich. falo, and return over the same route tion by SMYTH WORLDWIDE MOV­ 49502. Applicant’s representative: Leon­ serving all intermediate points and the ERS, INC. Applicants’ attorney: Alan F. ard D. Verdier, Jr., 900 Old Dent Build­ off-route point of Grand Island; and (2) Wohlstetter, 1 Farragut Square South, ing, Grand Rapids, Mich. Authority Irregular routes: General commodities; Washington, D.C. 20006. Operating sought to operate as a common carrier, (a) between points in Niagara County, rights sought to be controlled: (1) (This by motor vehicle, over irregular routes, N.Y.; and (b) from points in Erie County, authority is contingent upon approval of transporting: General commodities, ex­ N.Y., to points in Niagara County, N.Y. this section 5 application.) Used house­ cept classes A and B explosives, house­ N ote: Applicant states the authority hold goods, as a common carrier, over hold goods as defined by the Commission, sought herein would be joined at Buffalo, irregular routes, between points in King, and commodities in bulk, serving Ashton, N.Y., to serve points authorized to Kitsap, Island, and Snohomish Counties, Ohana, Davis Junction, Flagg Center, Murphy Motor Freight Lines, Inc., in Wash., with restrictions (authority pres­ Holcomb, Kings, Sublette, West Brooklyn, MC 108937 and subs thereunder, from ently under temporary operation); (2) and Whittaker, 111.; and all points within the States of North Dakota, South (This authority is contingent upon ap­ the following territory: Beginning at the Dakota, Minnesota, Iowa, Nebraska, Wis­ proval of this section 5 Application.) junction of Lake Michigan shoreline and consin, Illinois, Indiana, Michigan, Ohio, Used household goods, as a common Waukegan city line, extending westerly Pennsylvania, and New York. This ap­ carrier, over irregular routes, between a.ong Waukegan city line to junction plication is a matter directly related to points in Grays Harbor, Mason, Pierce, Waukegan city line and Illinois Highway MC-F-10734, published in the F ederal and Thurston Counties, Wash., with re­ 132, thence over Illinois Highway 132 to R egister issue of February 3, 1970, strictions (authority presently under Junction U.S. Highway 45 and Illinois wherein applicant seeks to convert the temporary operation); (3) household xughway 132, thence over U.S. Highway certificate of registration of Triangle goods, as defined by the Commission, as 45 to jimction Illinois Highway 173 and Transport, Inc. MC 58206 (Sub-No. 1) a common carrier, over irregular routes, Highway 45, thence over Illinois into a certificate of public convenience between points in the State of Hawaii, 173 to junction Illinois Highway and necessity. If a hearing is deemed with restriction; and (this authority is •1^3, ^lence over Illinois Highway necessary, applicant requests it be held contingent upon approval of this section tt o lo junction Illinois Highway 76 and at Washington, D.C., or Buffalo, N.Y. 5 application). Used household goods, Highway 20, thence over U.S. High­ as a common carrier, over irregular way 20 to Rockford, thence over U.S. A pplications U nder Sections 5 and 210a(b) routes, between points in Alameda, rngtiway 51 to junction U.S. Highway 51 Contra Costa, Marin, San Francisco, pri “ a County line, thence west- The following applications are gov­ San Mateo, Santa Clara, Santa Cruz, 2 and. southerly along La Salle County erned by the Interstate Commerce Com­ and Sacramento Counties, Calif, (au­ Jr! 5° Junction Interstate Highway 80 mission’s special rules governing notice thority presently under temporary inwii?’ ,®a^e County line, thence over of filing of applications by motor carriers operation); upstate Highway 80 to junction U.S. of property or passengers under sections (4) (This authority is contingent th JnZay 51 Interstate Highway 80, 5(a) and 210a(b) of the Interstate Com­ upon approval of this section 5 applica­ no H.S. Highway 51 to junction merce Act and certain other proceedings tion.) Used household goods, as a com­ ifighway 51 and Vermillion River, with respect thereto. (49 CFR 1.240). mon carrier, over irregular routes, be­ tion Vermillion River to junc- MOTOR CARRIERS OF PROPERTY tween points in Los Angeles, Ventura, wav u f2 Ullon and Illinois High- Orange, and San Diego Counties, Calif., to over Illinois Highway 18 No. MC-F-10731. (Correction) (YE L­ between points in K em County, Calif., Junction Illinois Highways 17 and 18, LOW FREIGHT SYSTEM, INC.—Pur­ on and south of U.S. Highway 466 and

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3784 NOTICES on and east of U.S. Highway 99, between operating rights of KENNETH S. CHAM­ ble oil, cooking oil, shortening stearine, points in San Bernardino County, Calif., BERLIN, doing business as CORVAL­ stearate, and mayonnaise (except in on and south of U.S. Highway 466 and LIS TRANSFER CO., 535 South Seventh bulk, in tank vehicles), and related ad­ on and west of U.S. Highway 91 and Street, Corvallis, Oreg. 97330, and for ac­ vertising matter, when moving in mixed California Highway 18 between Victor­ quisition by NORMAN E. W ILEY, 325 shipments with the commodities de­ ville and San Bernardino, Calif., be­ Elder Avenue, Seaside, Calif. 93950, scribed herein, in vehicles equipped with tween points in Riverside County, Calif., JAMES W. SIMMS, 1650 Hymer Avenue, mechanical refrigeration, from Colum­ on and west of U.S. Highway 99, and Sparks, Nev. 89431, RAMON S. REGAN, bus, Ohio, to points in Connecticut, Dela­ between points in Santa Barbara County, 2255 Penobscot Building, Detroit, Mich. ware, Maine (except points in Aroostook, Calif., on U.S. Highway 101 east of and 48226, and J. VERNON MYRES, 6302 Penobscot, Piscataquis, and Waldo including Santa Barbara, Calif., with Federal Boulevard, San Diego, Cailf. Counties), Maryland, Massachusetts, restrictions; and (5) household goods, 92114, of control of such rights through New Jersey, New York, Pennsylvania, as defined by the Commission, as a com­ the purchase. Applicant’s attorney: John Rhode Island, Virginia, West Virginia, mon carrier, over irregular routes, be­ Paul Fischer, 140 Montgomery Street, and the District of Columbia, with tween points in Alaska, except those east San Francisco, Calif. 94104. Operating restriction; of an imaginary line constituting a rights sought to be transferred; General Wooden, wooden veneer, and plastic southward extension of the United commodities, excepting among others, articles from the plantsite of Mulco States-Canada boundary line (Alaska- dangerous explosives, household goods Products, Inc., at Milford, Del., to points Yukon Territory); between Haines, and commodities in bulk, as a common in Arizona, Arkansas, California, Colo­ Alaska, on the one hand, and, on the carrier, over irregular routes, between rado, Idaho, Hlinois, Indiana, Iowa, other, points in Alaska west of an points within 10 miles of Corvallis, Kansas, Kentucky, Michigan, Minnesota, imaginary line constituting a southward Oreg., Including Corvallis; household Missouri, Montana, Nebraska, New extension of the United States-Canada goods as defined in Practices of Motor Mexico* North Dakota, Ohio, Oklahoma, boundary line (Alaska-Yukon Terri­ Common Carriers of Household Goods, Oregon, South Dakota, Tennessee, Texas, tory), with restriction; between Seattle, 17 M.C.C. 467, between points within 10 Utah, Washington, Wisconsin, and Wash., on the one hand, and, on the miles of Corvallis, Oreg., including Cor­ Wyoming, with restriction; commodities, other, points in Alaska; and new furni­ vallis, between points in the above-rspec- the transportation of which is partially ture, between points in Alaska. Applica­ ified territory, on the one hand, and, on exempt under section 203(b)(6) of the tion has not been filed for temporary the other, points in Washington; and Interstate Commerce Act, when trans­ authority under section 210a(b). N ote; canned fruits and canned vegetables, ported in mixed loads with wooden, All of the authorities that are contin­ over regular routes, between Corvallis, wooden veneer, and plastic articles, from gent upon approval of this application Oreg., and points in Oregon, serving cer­ points in Delaware, to points in Arizona, were granted pursuant to the report and tain intermediate points. Vendee is au­ Arkansas, California, Colorado, Idaho, order, by Review Board No. 2, dated thorized to operate as a common carrier Illinois, Indiana, Iowa, Kansas, Ken­ November 21, 1968, in No. MC 9619, in Nevada, California, and Oregon. Ap­ tucky, Michigan, Minnesota, Missouri, Sub-1. See also No. MC-F-10756 plication has been filed for temporary Montana, Nebraska, New Mexico, North (SMYTH OVERSEAS VAN LINES, authority under section 210a(b). Dakota, Ohio, Oklahoma, Oregon, South INC.—Purchase (Portion)—RELIABLE No. MC-F-10758. Authority sought for Dakota, Tennessee, Texas, Utah, Wash­ TRANSFER CORP.), published this purchase by McKEE LINES, INC., 664 ington, Wisconsin, and Wyoming; (a) same issue. 54th Avenue, Mattawan, Mich. 49071, of food products (except commodities in No. MC-F-10756. Authority sought for a portion of the operating rights of bulk, in tank vehicles, and frozen fruits, purchase by SM YTH OVERSEAS VAN BILYEU REFRIGERATED TRANS­ frozen berries, and frozen vegetables); LINES, INC., 11616 Aurora Avenue North, PORT CORPORATION, Post Office Box and (b) commodities otherwise exempt Seattle, Wash. 98133, of a portion of the 668, Marshall, Mo. 65340, and for acquisi­ under section 203(b) (6) of the Act when operating rights of RELIABLE TRANS­ tion by LEONARD McKEE, 10751 West moving in mixed loads with the described FER CORP., 490 South Franklin Street, Michigan, Kalamazoo, Mich., and E. B. commodities in (a) above, in vehicles equipped with mechanical refrigeration, Juneau, Alaska 99801, and for acquisition Peters, Post Office Box 443, Benton Har­ by SMYTH INTERNATIONAL VAN bor, Mich., of control of such rights from the plant and warehouse sites oi LINES, INC., and in turn by SMYTH through the purchase. Applicants’ at­ Ralston Purina Co. at Wellston, Ohio, to WORLDWIDE MOVERS, INC., both also torney: Jack H. Blanshan, 29 South La points in Connecticut, Delaware, Indi­ of 11616 Aurora Avenue North, Seattle, Salle Street, Chicago, 111. 60603. Operat­ ana, Kentucky, Maine, Maryland, Mas­ sachusetts, Michigan, New Hampshire, Wash. 98113, and GOLDEN CYCLE ing rights sought to be transferred: CORPORATION, Post Office Box 4576, Cheese, as a common carrier, over irreg­ New Jersey, New York, Ohio, Pennsyl­ vania, Rhode Island, Vermont, Virginia, Colorado Springs, Wash., of control of ular routes, from Van Wert, Ohio, to such rights through the purchase. Appli­ Carthage, Mo.; artificial Christmas trees, West Virginia, and the District of Colum­ cants’ attorney Alan F. Wohlstetter, 1 bia, with restrictions; nonfrozen fooa from Blakely, Pa., to points in Colorado, stuffs, except those in bulk and tank ve­ Farragut Square South, Washington, Illinois, Indiana, Iowa, Kansas, Ken­ hicles, from the facility of American D.C. 20006. Operating rights sought to be tucky, Michigan, Minnesota, Missouri, Home Foods Division of American Horn transferred: Household goods, as defined Nebraska, Ohio, and Wisconsin; wax Products Corp. at Milton, Pa., to points by the Commission, as a common carrier, products in vehicles equipped with over irregular routes, between points mechanical refrigeration, from Buffalo, in Arkansas, Iowa, Missouri, Kansas, within 25 miles of Juneau, Alaska, in­ N.Y., to points in Ohio, Indiana, Illinois, Nebraska, with restriction; cluding Juneau, between points in Alaska Missouri, Iowa, Wisconsin, Minnesota, Candy, confectionery, andem fenm - south and east of the United States- Kansas, Nebraska, South Dakota, North eryproducts (exceptcommoditiessinduik Canada boundary line north of Haines, Dakota, and Colorado, with restriction; and tank vehicles) and odvertmnp Alaska. Vendee is authorized to operate frozen foods, from Cleveland, Ohio, to ter, premiums, prizes and display ■ as a common carrier in Alaska, and points in Connecticut, Delaware, Mary­ terials when shipped in the same _ _ Washington. Application has not been land, Massachusetts, New Jersey, New with candy, confectionery, and coni field for temporary authority under sec­ York, Pennsylvania, Rhode Island, Vir­ tionery products, from theplantsi sales facilities of Topps ChewuM? G 1 tion 210a(b). N ote: See also No. M C-F- ginia, West Virginia, and the District 10755 (SMYTH WORLDWIDE MOV­ of Columbia, with restriction; from Inc., at or near Duryea, Pa., to pom. ERS, INC.—Continuance in Control— Cleveland, Ohio, to points in Illinois (ex­ in Arkansas, Colorado, Kans^f’ Nebraska, and Oklahoma, with SM YTH VAN & STORAGE CO., INC., cept those in the Chicago, HI., commer­ tion; and frozen / o o d s , except frozen et a l.), published this same issue. cial zone as defined by the Commission in No. MC-F-10757. Authority sought for the Chicago, III. Commercial Zone Ex­ fruits, frozen berries and nts to tables, from Cleveland, and purchase by CONTINENTAL VAN tension SAG area) and to points in Missouri, with restriction; oleomarga­ Iowa, Nebraska, Kansas, Wisco > ^ LINES, INC., 891 Broadway, Post Office Minnesota, with restriction. Box 168 Monterey, Calif. 93940, of the rine, salad dressing, coconut oil, vegeta­

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3785 authorized to operate as a common car­ only; mica, from Keene, N.H., to East Tennessee, Wisconsin, Iowa, Kentucky, rier in Indiana, Alabama, Florida, Rutherford, N.J.; ink (in containers), Minnesota, Florida, Kansas, and the Dis­ Georgia, Kentucky, North Carolina, from East Rutherford, N.J., to New York, trict of Columbia. Application has been South Carolina, Utah, Tennessee, Vir­ N.Y., and points in Nassau County, N.Y.; filed for temporary authority under ginia, Nebraska, Texas, Iowa, West Vir­ roofing pitch, paper, and cement, from section 210a (b). ginia, Illinois, Michigan, California, certain specified points in New Jersey, No. MC-F-10761. Authority sought for Louisiana, Connecticut, Delaware, to Philadelphia, Pa., New York, N.Y., and purchase by RUMPF TRUCK LINE, Georgia, Arizona, Mississippi, Maine, points in Westchester and Rockland INC., 424 South Maumee Street, Tecum- Maryland, Massachusetts, New Hamp­ Counties, N.Y.; asphaltum, from W ar­ seh, Mich. 49286, of a portion of the shire, New Jersey, New York, Rhode ners, N.J., to New York, N.Y., Philadel­ operating rights of DUNDEE TRUCK Island, Vermont, and the District of phia, Pa., and points in Westchester and LINE, INC., 660 Sterling Street, Toledo, Columbia; and as a contract carrier in Rockland Counties, N.Y.; wax and crude Ohio 43609. Applicants’ attorneys: Rex New York, Connecticut, Maryland, Mas­ naphtha, from New York, N.Y., to Eames, 900 Guardian Building, Detroit, sachusetts, New Jersey, Pennsylvania, Kearny, N.J. ; Mich. 48226, and Arthur R. Cline, 420 Rhode Island, and Michigan. Application Coal tar products, camphor, moth Security Building, Toledo, Ohio 43604. has been filed for temporary authority bags, moth paper, naphthalene, sulphur, Operating rights sought to be trans­ under section 210a(b). N o t e : See also and sulphur products, waxes, and wax ferred: General commodities, except No. MC-F-10690 (MCKEE LINES, INC.— candles, from Kearny, N.J., to New York, those of unusual value, classes A and B Purchase (Portion) —BILYEU REFRIG­ N.Y., certain specified points in Pennsyl­ explosives, household goods as defined ERATED TRANSPORT CORP.), pub­ vania, and points in Westchester and by the Commission, commodities in bulk, lished in the December 31, 1969, issue Nassau Counties, N.Y.; petroleum and and those requiring special equipment, as of the F e d e r a l R e g is t e r ,, on page 20461. petroleum products, (in containers), a common carrier, over regular routes, No. MC-F-10759. Authority sought for from Bayway, N.J., to New York, N.Y., between Dundee, Mich., and Toledo, purchase by RINGSBY-PACIFIC, LTD., from Staten Island, N.Y., to points in Ohio, serving all intermediate points, 3201 Ringsby Court, Denver, Colo. 80216, Bergen and Essex Counties, N.J.; con­ of a portion of the operating rights of and the off-route point of Grape, Mich., crete pipe, from certain specified points between Hillsdale, Mich., and Toledo, CONTINENTAL VAN LINES, INC., 325 in New Jersey, to New York, N.Y., and Elder Avenue, Seaside, Calif. 93940, Ohio, between Ida, Mich., and Dundee, points in Westchester and Nassau Coun­ Mich., between Lambertville, Mich., and (Mailing address: Post Office Box 168, ties, N.Y.; machinery, from certain spec­ Monterey, Calif. 93940), and for acquisi­ junction unnumbered highway and an­ ified points in New Jersey, to New York, other unnumbered highway (portion tion by D. W. RINGSBY, and G ARY S. N.Y., and points in Westchester and RINGSBY, both also of Denver, Colo., of formerly U.S. Highway 23) at or near Nassau Counties, N.Y., and those in Temperance, Mich., between junction control of such rights through the pur­ Pennsylvania on and east of the Sus­ chase. Applicants’ attorney: Bertram S. U.S. Highway 223 and Michigan High­ quehanna River; steel, from East Ruth­ way 151, and junction U.S. Highway 25 Silver, 140 Montgomery Str.eet, San erford, N.J., to New York, N.Y., and Francisco, Calif. 94104. Operating rights and Michigan Highway 151, between points in Nassau County, N.Y.; corru­ Ida, Mich., and Monroe, Mich., between sought to be transferred: General com­ gated paper boxes, from Newark, N.J., modities, except those of unusual value, Erie, Mich., and junction unnumbered to Philadelphia, Pa., and New York, highway and another unnumbered high­ classes A and B explosives, household N.Y.; paper, in rolls, from New York, goods as defined by the Commission, way (formerly portion U.S. Highway N.Y., to Newark, N.J.; empty containers, 23), about 1 mile north of Temperance, commodities in bulk, commodities re­ and alcohol, chemicals, solvents, and Mich., between Toledo Beach, Mich., and quiring special equipment, and those in­ turpentine, in containers, between New­ jurious or contaminating to other lading, junction unnumbered highway and an­ ark and Lyndhurst, N.J., and Philadel­ other unnumbered highway (formerly as a common carrier, over irregular phia, Pa., on the one hand, and, on the routes, between points in Nevada, within portion U.S. Highway 23), between junc­ other, points in New York, that part tion U.S. Highway 223 and unnumbered 10 miles of Reno, Nev., including Reno. of Pennsylvania on and east of the Sus­ highway, about one-half mile southeast Vendee is authorized to operate as a quehanna River, and those in that part of Ottawa Lake, Mich., and junction of common carrier in California, Oregon, of Connecticut west of U.S. Highway 5, two unnumbered highways about one- Washington, and Nevada. Application including points on the above-indicated half mile north of Lambertville, Mich., has not been filed for temporary author­ portion of the highway specified; mica, between Sylvania, Ohio, and Petersburg, ity under section 210a(b). N o t e : N o . and containers, between East Ruther­ Mich., between junction Ohio Highways MC-108398 Sub-40 is a matter directly ford, N.J., on the one hand, and, on the 183 and 246, and junction unnumbered related. other, Boston, Mass., Philadelphia, Pa., No. MC-F-10760. Authority sought New York, points in Connecticut on and highway and Michigan Highway 151, ;°r Purchase by GEORGE W. KUGLER, west of the Connecticut River, and those about 5 miles west of Samaria, Mich., between Trilby, Ohio, and junction un­ INC., 2800 East Waterloo Road, Akron, in Westchester and Nassau Counties, Ohio 44312, of the operating rights and N.Y.; and cast iron pipe, cast iron fit­ numbered highway and Michigan High­ Property of JORALEMON BROTHERS, tings, valves, hydraulic machinery and way 151, about 2 miles west of Samaria, INC., 1400 West Front Street, Florence, hydraulic machinery parts, and fire hy­ Mich., serving all intermediate points. and tor acquisition by drants, from Florence, N.J., to points in Vendee is authorized to operate as a " P ^ G E W. KUGLER, also of Akron, Massachusetts, with exception, and to common carrier in Michigan and Ohio. Ohio 44312, of control of such rights and points in Rhode Island, except Provi­ Application has not been filed for tem­ 210 Property through the purchase. Appli- dence and Newport, R.I., traversing New porary authority under section a(b). ants attorney and representative: York and Connecticut for operating con­ No. MC-F-10762. Authority sought for Jonn p. McMahon, 100 East Broad venience. Vendee is authorized tc operate purchase by LEXINGTON-PARIS MO­ street, Columbus, Ohio 43215 and Ed- as a common carrier in Illinois, Con­ TOR FREIGHT, INC., Post Office Box Russo, 921 Bergen Avenue, Jer- necticut, Delaware, Indiana, Maine, 439, Milan, Tenn. 38258, of a portion of y pity. N.J. 07306. Operating rights Maryland, Massachusetts, Michigan, the operating rights of MID-SOUTH sought to be transferred: Cast iron pipe, New Hampshire, New Jersey, New York, TRANSPORTS, INC., 1046 Arkansas, st iron fittings, and parts, valves, ma- North Carolina, Ohio, Pennsylvania, Memphis, Tenn. 38106, and for acquisi­ lnfry and fire hydrants, as a contract Rhode Island, South Carolina, Vermont, tion by TOM M Y W. ROSS, U.S. High­ A^ne>T0Ver irregular routes, from Flor- Virginia, West Virginia, and the District way 45-S, Milan, Tenn. 38258, of control to Charleston, W. Va., Nor- of Columbia and as a contract carrier of such rights through the purchase. Ap­ ’ providence and Newport, R.I., in Pennsylvania, Connecticut, Delaware, plicants’ attorney: Walter Harwood, wHain specified points in Massachu- Maryland, New York, Massachusetts, 1822 Parkway Towers, Nashville, Tenn. and Points in New York, Pennsyl- New Jersey, Ohio, Rhode Island, Vir­ 37219. Operating rights sought to be ¡ 2 ? » P ®1 aware, Maryland, and Con- ginia, West Virginia, Vermont, Maine, transferred: A portion under certificate c S S ’ traversing the District of New Hampshire, Illinois, Indiana, Michi­ of registration, in Docket No. MC-99467 ■ bia for operating convenience gan, North Carolina, South Carolina, Sub-1, covering the transportation of

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3786 NOTICES property, as a common carrier, in inter­ NOTICE OF FILING OF MOTOR CAR­ Commerce Act provided for under the state commerce, within the State of RIER INTRASTATE APPLICATIONS new rules of Ex Parte No. MC-67, (49 Tennessee; and under certificates of C F R 1131) published in the F ederal R eg­ registration, in Docket Nos. MC-99467 F e b r u a r y 20, 1970. is t e r , issue of April 27, 1965, effective Sub-5, MC-99467 Sub-6, and MC-99467 The following applications for motor July 1, 1965. These rules provide that Sub-7, covering the transportation of common carrier authority to operate in protests to the granting of an applica­ general commodities, as a common car­ intrastate commerce seek concurrent tion must be filed with the field official rier, in interstate commerce, within the motor carrier authorization in interstate named in the F e d e r a l R e g is t e r publica­ State of Tennessee. LEXIN GTON - or foreign commerce within the limits of tion, within 15 calendar days after the PARIS MOTOR FREIGHT, INC., holds the intrastate authority sought, pursuant date of notice of the filing of the appli­ no authority from this Commission. to section 206(a) (6) of the Interstate cation is published in the F ederal R eg­ However, its controlling stockholder, Commerce Act, as amended October 15, is t e r . One copy of such protests must be TOMMY W. ROSS, doing business as 1962. These applications are governed served on the applicant, or its authorized M ILAN EXPRESS, 437 South Second by § 1.245 of the Commission’s rules of representative, if any, and the protests Street, Milan, Tenn. 38358, is authorized practice, published in the F e d e r a l R e g is ­ must certify that such service has been to operate under a certificate of registra­ t e r , issue of April 11, 1963, page 3533, made. The protests must be specific as tion, within the State of Tennessee. Ap­ which provides, among other things, that to the service which such protestant can plication has not been filed for tem­ protests and requests for information and will offer, and must consist of a porary authority under section 210a(b ). concerning the time and place of State signed original and six copies. No. MC-F-10763. Authority sought for Commission hearings or other proceed­ A copy of the application is on file, purchase by LESTER J. MacDONALD, ings, any subsequent changes therein, and can be examined at the Office of the Rural Delivery No. 3, Industrial Park, any other related matters shall be di­ Secretary, Interstate Commerce Com­ Huntingdon, Pa. 16652, of the operating rected to the State Commission with mission, Washington, D.C., and also in rights and property of ROBERT M. which the application is filed and shall field office to which protests are to be ZIMMERMAN, doing business as not be addressed to or filed with the In­ transmitted. terstate Commerce Commission. LEWISTOWN DRAY, Box 21, Port M o t o r C a r r ie r s o f P r o p e r t y Royal, Pa. 17082. Applicant’s attorney: State Docket No. 3279 Sub 1 (Clarifica­ M. B. Deforrest, 331 Penn Street, Hunt­ tion) , filed December 29, 1969, published No. MC 200 (Sub-No. 234 TA), filed ingdon, Pa. 16652. Operating rights F e d e r a l R e g is t e r issue of January 28, February 16, 1970. Applicant: RISS IN­ sought to be transferred: Household 1970, and republished, as clarified this TERNATIONAL CORPORATION, 903 goods, as a common carrier, over irregu­ issue. Applicant: BROWN FREIGHT Grand Avenue, Kansas City, Mo. 64106. lar routes, between Lewistown, Pa., and LINE, INC., 122 Tredco Drive, Post Office Applicant’s representative: Rodger J. points within 20 miles thereof, on the Box 8807, Nashville, Tenn. 37211. Appli­ Walsh (same address as above). Author­ one hand, and, on the other, points in cant’s representative: Walter Harwood, ity sought to operate as a common car­ Connecticut, New York, New Jersey, Del­ 1822 Parkway Towers, Nashville, Tenn. rier, by motor vehicle, over irregular aware, Maryland, Virginia, West Vir­ 37219. Certificate of public convenience routes, transporting: Meat, meat prod­ ginia, Ohio, and the District of Columbia, and necessity sought to operate a freight ucts and meat byproducts, from Omaha, between points in Juniata and Mifflin service as follows: General commodities, Nebr.; St. Joseph, Mo.; Des Moines and Counties, Pa., on the one hand, and, on except those of unusual value, classes A Sioux City, Iowa, to points in Virginia, the other, points in Pennsylvania, Mary­ and B explosives, household goods as West Virginia, North Carolina, South land, Connecticut, New York, New Jer­ defined by the Commission, commodities Carolina, Tennessee, Florida, and Geor­ sey, Ohio, West Virginia, Virginia, North in bulk, and those requiring special gia, for 150 days. Supporting shipper: Carolina, South Carolina, Georgia, Flor­ equipment, between Nashville, Tenn., Armour and Co., 401 North Wabash Ave­ ida, Tennessee, Delaware, and the Dis­ and Manchester, Tenn., via U.S. High­ nue, Chicago, 111. 60690. Send protests to: trict of Columbia; newspapers, from way 41 and Interstate Highway 24, serv­ Vernon V. Coble, District Supervisor, In­ Lewistown and Lewistown Junction, Pa., ing no intermediate points, for operating terstate Commerce Commission, Bureau to points in Mifflin, Snyder, and Center convenience only. Both intrastate and of Operations, 1100 Federal Office Build­ Counties, Pa.; firebrick, from Vandyke, interstate authority sought. N o t e : The ing, 911 Walnut Street, Kansas City, Pa., to Claymont, Del., Laurel Hill and purpose of this republication is to Mo. 64106. Buffalo, N.Y., Millville, Perth Amboy, show Interstate Highway 24 in lieu of No. MC 200 (Sub-No. 235 T A ), filed Carteret, and Roebling, N.J., and points Interstate Highway 65, as previously February 17, 1970. Applicant: RISS IN- in that part of Ohio north and east of published. TERNATIONAL CORPORATION, 903 U.S. Highway 250; damaged shipments HEARING: Wednesday, March 4, Grand Avenue, Kansas City, Mo. 64106. of firebrick and empty pallets and skids, 1970, at 9:30 a.m., at the Commission’s Applicant’s representative: Rodger J. from Buffalo, N.Y., to Vandyke, Pa.; court room, C -l Cordell Hull Building, Walsh (same address as above). Author­ empty pallets used in the transportation Nashville, Tenn. Requests for procedural ity sought to operate as a common car­ of firebrick, from points in that part of information, including the time for filing rier, by motor vehicle, over irregular Ohio, north and east of U.S. Highway protests concerning this application routes, transporting: Meat, meat prod­ 250, to Vandyke, Pa.; and empty pallets should be addressed to the Tennessee ucts and meat byproducts, from Omaha, Nebr., and Oakland, Iowa, to points in and skids, from Claymont, Del., Laurel Public Service Commission, Cordell Hull Building, Nashville, Tenn. 37219, and Florida, Georgia, Alabama, Mississippi. Hill, N.C., and Millville, Perth Amboy, should not be directed to the Interstate North Carolina, South Carolina, and Carteret, and Roebling, N.J., to Van­ Commerce Commission. Virginia, for 150 days. Supporting ship­ dyke, Pa. Vendee is authorized tp operate per: American Beef Packers, Inc., p o as a common carrier in Connecticut, By the Commission. Office Box 6234, Elmwood Park Station, Massachusetts, Rhode Island, West Vir­ [ s e a l ] H. N e i l G a r s o n , Omaha, Nebr. 68106. Send protests to: ginia, Pennsylvania, New York, New Jer­ Secretary. Vernon V. Coble, District Supervisor, In­ sey, Delaware, Maryland, Virginia, Ohio, [F.R. Doc. 70-2324; Filed, Feb. 25, 1970; terstate Commerce Commission, Bureau Michigan, Illinois, Indiana, and the Dis­ 8:47 a.m .] of Operations, 1100 Federal Office Bui trict of Columbia. Application has not ing, 911 Walnut Street, Kansas City, Mo. [Notice 31J been filed for temporary authority under 106. . section 210a(b). MOTOR CARRIER TEMPORARY No. MC 81495 (Sub-No. 3 TA), m By the Commission. AUTHORITY APPLICATIONS sbruary 16, 1970. Applicant: GRh^’ F e b r u a r y 20,1970. )RT TRANSFER & STORAGE COM- [ s e a l ] H. N e i l G a r s o n , Secretary. The following are notices of filing of UMY, INC., Post Office Box 156, ¿am, Wash. 98550. Applicant’s repre- [F.R. Doc. 70-2325; Filed, Feb. 25, 1970; applications for temporary authority ntative: Joseph O. Earp, 411 Lyon 8:47 a.m.] under section 210a(a) of the Interstate

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 NOTICES 3787

Building, Seattle, Wash, 98104. Author­ igan’’. The rest of the application re­ protests to: Harold C. Jolliff, District ity sought to operate as a common car­ mains as previously published. Supervisor, Interstate Commerce Com­ rier, by motor vehicle, over irregular No. MC 114969 (Sub-No. 32 T A ), filed mission, Bureau of Operations, Room 476, routes, transporting: General commodi­ February . 17, 1970. Applicant: PRO­ 325 West Adams Street, Springfield, 111. ties (except those of unusual value, PANE TRANSPORT, INC., Post Office 62704. household goods as defined in practices Box 232, 1734 State Route 131, Milford, No. MC 124735 (Sub-No. 10 T A ) (Cor­ of motor common carriers of household Ohio 45150. Applicant’s representative: rection) , filed February 2,1970, published goods, 17 M.C.C. 467, commodities in bulk James M. Roudebush (same address as in the F e d e r a l R e g is t e r issue of Febru­ in special equipment, commodities in­ above). Authority sought to operate as ary 12,1970, and republished as corrected, jurious or contaminating to other lading a common carrier, by motor vehicle, over this issue. Applicant: R. C. KERCHE- and dangerous explosives), between Ab­ irregular routes, transporting: Lique­ VAL, JR., 4424 Fourth Avenue South, erdeen and Hoquiam, Wash., on the one fied petroleum gas, in bulk, in tank ve­ Seattle, Wash. 98134. Applicant’s repre­ hand, and, on the other, the Wynoochee hicles, from Sun Oil Co. plantsite at sentative: Joseph O. Earp, 411 Lyon Dam Site (Grays Harbor County), Wash., Oregon, Ohio, to points in the Lower Building, Seattle, Wash. 98104. N o t e : for 180 days. Note: Applicant intends to Peninsula of Michigan (except Hills­ The purpose of this partial republica­ tack at Aberdeen and Hoquiam, Wash. dale and Lenawee Counties and points in tion is to change the duration of days to Supporting shipper: Dravo Corp., Post Monroe County, on and west of U.S. “ 180 days in lieu of 150 days.” The rest Office Box 791, Montesano, Wash. 98563. Highway 23), for 180 days. Supporting of the application remains as previously Send protests to: E. J. Casey, District shipper: Sun Oil Co., 1819 Woodville published. No. MC 126122 (Sub-No. 2 Supervisor, Interstate Commerce Com­ Road, Post Office Box 920, Toledo, Ohio TA ), filed February 16, 1970. Applicant: mission, Bureau of Operations, 6130 A r­ 43601. Send protests to: Emil P. Schwab, JACK E. HARTMAN, 500 West Madison, cade Bviilding, Seattle, Wash. 98101. District Supervisor, Interstate Commerce Mount Ayr, Iowa 50854. Applicant’s rep­ No. MC 82841 (Sub-No. 68 T A ), filed Commission, Bureau of Operations, 5514 resentative: Kenneth F. Dudley, Post February 17, 1970. Applicant: HUNT Federal Building, 550 Main Street, Cin­ Office Box 279, Ottumwa, Iowa 52501; TRANSPORTATION, INC., 801 Livestock cinnati, Ohio 45202. Authority sought to operate as a common Exchange Building, Omaha, Nebr. 68107. No. MC 115904 (Sub-No. 19 T A ), filed carrier, by motor vehicle, over irregular Applicant’s representative: Marshall D. February 16, 1970. Applicant: LOUIS routes, transporting: Bakery goods, from Becker, 630 City National Bank Build­ GROVER, 1710 West Broadway, Idaho Mount Ayr, Iowa, to Cainsville, Prince­ ing, Omaha, Nebr. 68102. Authority Falls, Idaho 83401. Authority sought to ton, and Trenton, Mo., for 180 days. Sup­ sought to operate as a common carrier, operate as a common carrier, by motor porting shipper: Lowenberg Bakery, Inc., by motor vehicle, over irregular routes, vehicle, over irregular routes, transport­ Ottumwa, Iowa 52501. Send protests to: transporting: Irrigation systems and ing: Merchandise handled by wholesale Ellis L. Annett, District Supervisor, In ­ parts for irrigation systems, from points and retail drug store outlets, from Idaho terstate Commerce Commission, Bureau in Holt County, Nebr., to points in Wash­ Falls, Idaho, to Rock Springs and River­ of Operations, 677 Federal Building, Des ington, Arizona, California, Colorado, ton, Wyo., for 180 days. N o t e : Applicant Moines, Iowa 50309. Idaho, Iowa, Kansas, Minnesota, Mis­ does not intend to tack the authority No. MC 126276 (Sub-No. 24 T A ), filed souri, Montana, Nevada, New Mexico, here applied for. Supporting shipper: February 17, 1970. Applicant: FAST North Dakota, Oklahoma, Oregon, South Slusser Wholesale Co., Inc., 920 Lincoln MOTOR SERVICE, INC., 12855 Dakota, Texas, Utah, Wisconsin, and Road, Idaho Falls, Idaho 83401. Send Ponderosa Drive, Palos Heights, 111. Wyoming, for 150 days. Supporting ship­ protests to: C. W. Campbell, District 60463. Applicant’s representative: Robert per: Olson Bros. Manufacturing Co., 11 Supervisor, Interstate Commerce Com­ H. Levy, 29 South La Salle Street, miles north on Highway 11, Atkinson, mission, Bureau of Operations, 455 Fed­ Chicago, 111. 60603. Authority sought to Nebr. 68713. Send protests to: Keith P. eral Building and U.S. Courthouse, 550 operate as a contract carrier, by motor Kohrs, District Supervisor, Interstate West Fort Street, Boise, Idaho 83702. vehicle, over irregular routes, transport­ Commerce Commission, Bureau of Op­ No. MC 118159 (Sub-No. 94 T A ), filed ing: Metal containers and components, erations, 705 Federal Office Building, February 16,1970. Applicant: EVERETT from the plantsites and/or facilities of Omaha, Nebr. 68102. LWORANCE, INC., 4916 Jefferson High­ American Can Co. at Chicago and May- No. MC 97310 (Sub-No. 7 TA ) (Cor­ way, New Orleans, La. 70121. Applicant’s wood, 111., to Jeffersonville, Ind., for 150 rection), filed January 5,1970, published representative: David D. Brunson, 419 days. Supporting shipper: American Can in the F ederal R e g is t e r issue of Janu­ Northwest Sixth Street, Oklahoma City, Co., 200 South Michigan, Chicago, 111. ary 28, 1970, and republished as cor­ Okla. 73102. Authority sought to operate Send protests to: District Supervisor rected, this issue. Applicant: BELL as a common carrier, by motor vehicle, Roger L. Buchanan, Interstate Com­ TRANSFER COMPANY, INC., Third over irregular routes, transporting: ( 1 ) merce Commission, Bureau of Opera­ Avenue and Railroad Street, Meridian, Spice jars and glass containers, from tions, 219 South Dearborn Street, Miss. 39301. Applicant’s representative: Port Allegany, Pa., to Tulsa, Okla., and Chicago, 111. 60604. t" Yrady Jolly> Jr-> Post Office Box 2366, (2) caps, covers, stoppers, for spice jars No. MC 128866 (Sub-No. 12 T A ), filed Jackson, Miss. 39205. N o t e : The purpose and glass containers from Erie, Pa., to February 16, 1970. Applicant: B & B this partial republication is to include Tulsa, Okla., for 180 days. Supporting TRUCKING, INC., Post Office Box 128, e tacking information, which was in- shipper: Business Builders, Inc., Tulsa, Cherry Hill, N.J. 08034. Applicant’s rep­ vertently omitted in previous publi- Okla. Send protests to: W. R. Atkins, resentative: Daniel L. O’Connor, Federal cation. Applicant intends to tack at District Supervisor, Interstate Commerce Bar Building, Washington, D.C. 20006. and Birmingham, Ala., and in- Commission, Bureau of Operations, Authority sought to operate as a contract hnm^urafflc at J ackson and Birming- T-4009 Federal Building, 701 Loyola carrier, by motor vehicle, over irregular rf st °f the application remains Avenue, New Orleans, La. 70113. routes, transporting: Class 1 aluminum as Previously published. No. MC 123135 (Sub-No. 10 T A ), filed end stock and/or body stock skeletons, in February 17, 1970. Applicant: CHARLES bales or briquettes, not lacquered, \\SlThre S LT i.led t Pekruary (?ub'No- 3,48 1970,TA) (Cor- pub- BEIL & SONS, INC., Millstadt, 111. painted, coated, or in any way con­ 62260. Applicant’s representative: Del- Fehrno^ Federal R egister issue of taminated, from the plantsites of Penny correiS 1.2'. 1970« and republished as mar O. Koebel, 107 West St. Louis Street, Plate, Inc., at Cherry Hill, N.J., and ■rSi& JK® lssue- Applicant: C W Lebanon, 111. 62254. Authority sought to Searcy, Ark., to the plantsite of the operate as a common carrier, by motor P o s fS ? R? IN C > 610 High Street, Aluminum Co. of America at Davenport, vehicle, over irregular routes, transport­ Iowa, for 150 days. Supporting shipper: Wis B a0 X 20° ’ Wisconsin Rapids, Glenn p Applicant’s representative: ing: Edible flour, from Millstadt, 111., to Penny Plate, Inc., Post Office Box 458, w ® J 1- Richmond, 1970 South Broad- the site of the Sea Pass Co., located in St. Haddonfield, N.J. 08034. Send protests to: Louis, Mo., for 150 days. Supporting Raymond T. Jones, District Supervisor, Dnm Green Bay’ Wis* 54306. N ote: The shipper: Golden Dipt Co., Division of Interstate Commerce Commission, to «h°Se partial republication is DCA Pood Industries Inc., 100 East Bureau of Operations, 410 Post Office snow “Minnesota” in lieu o f “Mich­ Washington, Millstadt, 111. 62260. Send Building, Trenton, N.J. 08608.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 3788 NOTICES

No. MC 134304 (Sub-No. 1 TA ) (Cor­ [Notice 497] Scanlan, 111 West Washington Street, Chicago, 111. 60602, attorney for appli­ rection), filed February 5, 1970, pub­ MOTOR CARRIER TRANSFER lished in the F e d e r a l R e g is t e r issue of cants. February 11, 1970, and republished as PROCEEDINGS No. MC-FC-71779. By order of Febru­ corrected, this issue. Applicant: LES F e b r u a r y 20,1970. ary 16, 1970, the Motor Carrier Board DARR TRUCKING CO., a corporation, Synopses of orders entered pursuant approved the transfer to George Russo 520 Grade Street, Kelso, Wash. 98626. to section 212(b) of the Interstate Com­ and Rocco R. RUsso, a partnership, doing Authority sought to operate as a com­ merce Act, and rules and regulations pre­ business as Russo Trucking Co., Bayonne, mon carrier, by motor vehicle, over irreg­ scribed thereunder (49 CFR Part 1132), N.J., of the operating rights in certificate ular routes, transporting: Veneer cores appear below: No. MC-47946 issued March 14, 1941, to and dunnage, between points in Wash­ As provided in the Commission’s spe­ Harold R. Hill, doing business as Hill ington and Oregon, for 180 days. The cial rules of practice any interested Transportation Co., Hamilton, N.Y., au­ purpose of this republication is to cor­ person may file a petition seeking re­ thorizing the transportation, over irreg­ rect the territorial description, which consideration of the following numbered ular routes, of agricultural commodities was in error in previous publication. proceedings within 20 days from the date from Hamilton, N.Y., and points within Supporting shipper: Friesen Lumber Co., of publication of this notice. Pursuant 20 miles of Hamilton, to New York, N.Y., Post Office Box 1482, St. Helens, Oreg. to section 17(8) of the Interstate Com­ Newark, N.J., and Philadelphia, Pa.; 97051. Send protests to: District Super­ merce Act, the filing of such a petition canned goods from Swedesboro, N.J., and visor W. J. Huetig, Interstate Commerce will postpone the effective date of the Philadelphia, Pa., to Maple View, N.Y., Commission, Bureau of Operations, 450 order in that proceeding pending its dis­ and points in a described southeastern Multnomah Building, 120 Southwest position. The matters relied upon by portion of New York; and burlap bags Fourth Avenue, Portland, Oreg. 97204. petitioners must be specified in their from Newark, N.J., and New York, N.Y., No. MC 134324 (Sub-No. 2 T A ), filed petitions with particularity. to Hamilton, N.Y. Robert B. Pepper, 297 February 16, 1970. Applicant: PACER No. MC-FC-71770. By order of Feb­ Academy Street, Jersey City, N.J. 07306, TRANSIT CORP., 1713 Francis, Muske­ ruary 16, 1970, the Motor Carrier Board representative for transferee. Raymond gon, Mich. 49442. Applicant’s representa­ approved the transfer to System Trans­ Richards, Post Office Box 25, Webster, tive: Gordon L. Gibson (same address as port Corp., Denver, Colo., of certificate N.Y. 14580, representative for transferor. above). Authority sought to operate as a in No. MC-115826 (Sub-No. 4), issued No. MC-FC-71954. By order of Feb­ contract carrier, by motor vehicle, over December 17, 1957, to W. J. Digby, Inc., ruary 16, 1970, the Motor Carrier Board irregular routes, transporting: Propane, Denver, Colo., authorizing the transpor­ approved the transfer to Meat Packers butane, and liquefied petroleum gas, in tation of: General commodities, with Express, Inc., Omaha, Nebr., of certifi­ bulk, in tank vehicles, from the interna­ certain exceptions, between Boulder, cate No. MC-119317 and numerous subs tional boundary line between the United Colo., and points within 50 miles thereof, thereunder, issued to Gross and Sons States and Canada at or near Port on the one hand, and, on the other, Transportation Company, Omaha, Nebr., Huron, Mich., to points in the Lower points in Colorado. Robert R. Digby, authorizing the transportation of com­ Peninsula of Michigan located on and Post Office Box 20433, 4030 East Mag­ modities primarily, Dairy products, such west of U.S. Highway 27, under contract nolia Street, Phoenix, Ariz. 85036, at­ as, ice cream, frozen confections, etc., with Pro-Gas Sales & Service Co., for 150 torney for applicants^ between points in Arizona, Colorado, days. Supporting shipper: Pro-Gas Sales No. MC-FC-71771. By order of Febru­ Illinois, Indiana, Iowa, Kansas, Ken­ & Service Co., 1535 South Walker Road, ary 13, 1970, the Motor Carrier Board tucky, Missouri, Nebraska, Tennessee, Muskegon, Mich. 49442. Send protests to: approved the transfer to Charles Ind Texas. Donald A. Morken, 1000 First C. R. Flemming, District Supervisor, In ­ Co., a corporation, Rockford, 111., of cer­ National Bank Building, Minneapolis, terstate Commerce Commission, Bureau tificate in No. MC-33401, issued March 6, Minn. 55402, attorney for transferee. of Operations, 225 Federal Building, Lan­ 1941, to Charles Ind, Rockford, HI., Sam Caniglia, 330 City National Bank Building, Omaha, Nebr. 68114, attorney sing, Mich. 48933. authorizing the transportation of: Ma­ chinery, equipment and supplies used in, for transferor. By the Commission. or incidental to, the construction of road [ s e a l ] H. N e i l G ar so n , [ s e a l ] H . N e i l G a r s o n , and buildings, between points in a speci­ Secretary. Secretary. fied part of Illinois, on the one hand, and, on the other, points in specified [F.R. Doc. 70-2322; Filed, Feb. 25, 1970; [F.R. Doc. 70-2321; Filed, Feb. 25, 1970; 8:47 a.m.] 8:47 a.m .] parts of Iowa and Wisconsin. Joseph M.

FEDERAL REGISTER, VOL. 35, NO. 39— THURSDAY, FEBRUARY 26, 1970 FEDERAL REGISTER 3789

CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY

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

1 CFR Page 7 CFR—Continued Page 7 CFR—Continued Page Appendix A------3552 966______3159 P r o p o s e d R u l e s — Continued 980______3022, 3160 1129 ______2527 3 CFR 989______3653 1130 ______2527 P roclamations : 1421______t ____ 2766, 3107 1131 ------2527, 3174 1677 (see PLO 4762)______2402 P r o p o s e d R u l e s : 1132 ------2527 2929 (see Proc. 3964)------3645 52______2668, 2787 1133 ______2527 3140 (see Proc. 3964)______3645 724______2526, 3293 1134 ------2527 3822 (modified by Proc. 3964) _ 3645 729______2994 1136 ------2527 3958 -- — 2571 907______2526 1137 -----;______2527 3959______—------2641 911-______3173 1138 ______2527 3960 ______2815 915______3173 3961 ______3019 1001 ______2527 8 CFR 3962 ______3061 1002 ______2527 211------3065 3963 ______3063 1003 ______— _ 2527 212------3065 3964 ______3645 1004— ______2527 214______3066 3965 ______——______3649 1005 ______2527 P r o p o s e d R u l e s : Ex e c u t iv e O r d e r s : 1006 ------2527, 2878 1007 ______2527 103------3172 11211 (amended by EO 11506) _ 2501 1011------2527 223a______3172 11248 (amended by EO 1012 ------2527, 2878 238------3120, 3233 11510)______3105 299______3172 11282 (superseded by EO 1013 ------2527, 2878 1015 ------2527 11507)_____ „ 2576 1016 ------2527 9 CFR 11288 (superseded by EO 1030— ------2527 56------3654 11507)______2576 - 1032------2527 74------3022, 3023 11353 (revoked by EO 11509)- 2857 1033 ------2527 76------2507, 11368 (see EO 11506)______2501 1034 ------2527, 2729 2508, 2644, 2722, 2767, 2817, 2861, 11418 (revoked by EO 11509)- 2857 2953, 3066, 3218, 3654, 3750 11506 ______1035 ------2527 2501 161------3023 11507 ______1036 ------2527 2573 1040 ______2527 11508 ______2855 P r o p o s e d R u l e s : 11509 ______—______2857 1041 ------2527, 2730 2______1043 ------2527 2729 11510 ______318______3105 1044 ------2527 2527 327______3760 Presidential D o c u m e n t s O t h e r 1046------2527 T h a n P roclamations a n d E x e c ­ 1049------2527 u t iv e O r d e r s : 1050—------2527 TO CFR Regulation of February 11, 1060------2527 3______2862 1970 ... 1061------2527 14______2723 1062------2527 5 CFR 1063 ------:______2527 12 CFR 1064 ------2527 213_____ 1065 ------2527 204______2768 2643, 2644, 2765, 2859, 3153, 3279 1068------2527 207------3280 305_____ 217------2768, 2953, 3751 752____ 1069 ------2527 1070 ------2527 220------3280 754___ 1071 ------2527 226------2865 1073------2527 265------2383 1075------2527 329------2768 7 CFR 1076------2572 510------2509 5____ 1078 ------2527 526------2723, 3219, 3751 1079 ------2527 542 --- :------2509 1090------2527 543 ------2509 545------2511, 3024, 3752 2503 1094------2527 319 555 ------3024, 3107 ------2503, 3021 1096 ------2527 1097 ------2527 556 ------2514 ------2859 562 ------2514 ¡¡Ì------3279 109P------2527, 2669, 3174 1099------2527, 3174 563 ------3027, 3107, 3752 601------3 1 0 7 1101------2527 567------2515 1102------2527 569------3027 S ------— — 2721 571------2515 70Q------2504-2506 1103 ------2572 1104 ------2527 582------2515 1106------2527 591------2725 « ¿ T ------3749 610------3153 357 - —- ——— ------2383 1108------2527 1120------2527 907 2507 13 CFR 908 . 2578, 2860, 3158, 3218, 3749 1121------2527, 3293 910 2861, 3159, 3750 1124 ------2527 121------2385 1— ------2383 1125 ------2527 P r o p o s e d R u l e s : -126—i ------2527, 3293 913 2721, 2765< 3021, 3065, 3280, 3652* 107______------3032 947 2722, 3021, 3653 1127 ------2527 113______2596,3041 2766 1128 ------2572 121. ______2597

No. 39- -7 3790 FEDERAL REGISTER Page 14 CFR Page 20 CFR page 32 CFR 13. _ 2578 P roposed R u l e s : 54______3164 65______21. ______2818, 3154 405______2593 2870 37. ______3154 101______2990 39 ____ 2517, 21 CFR 102______2871 2726, 2868, 3108, 3153, 3220, 3281, 1 2869 115______2775 3282, 3753,3754 3 ______2656,2657, 2774, 3029 210______3068 47. ______2578 5 " _____ 2584 536------2659 61 ______2818 120—1______2585, 2727, 3161, 3755 564______3111 71 ______2517, 121____ 2727, 2822, 2823, 3161, 3162, 3756 1715______2873 2580-2583, 2645, 2646, 2726, 2769, 135e______3162 2819, 2869, 2953, 3029, 3109, 3110, 135g______— 3162 33 CFR 3155, 3156, 3220, 3221, 3282, 3659, 146b______2657 117------__ 3678 3755 - 147______2657, 2870, 2993 205______3069 73 ______2769, 3755 148m______3279 207—______:____ 2660, 2727 75 _____ 2583, 2584, 2726, 2819, 3659 164 ______2658 P roposed R u l e s : ______2578,2818 91 1 9 ll_II______2659, 3757 117— ______3234 95 ______3221 P roposed R u l e s : 97______2390, 2647, 2954, 3223, 3283 3______— 2411 35 CFR 121 ______2818, 3154 120_ _ —______3233, 3234 253______3232 127—______3154 130__ -______3073 135______3154 138______2995 36 CFR 145______3154 141b______2670 241______2819 146______3073 221______3283 3165 P roposed R u l e s : 146b______2670 261------21______2412 191______3119 P roposed R u l e s : 23______- 3175 320— ______2874 7______2787 25- ______— 2412, 3175 27______— 3175 22 CFR 37 CFR 29— ______3175 123______— ----- 3029 2828 39_ 2594, 2996 1 ______125______- 3029 3______2828 71______2595, 207______3232 2670, 2791-2793, 2889, 2890, 2996, 2997, 3119, 3175, 3176, 3235-3237, 23 CFR 38 CFR 3760 2 ______3166 P roposed R u l e s : ____ 2827 73______2595, 3297, 3761 255— ______3176 3______75______2596, 3761 17—______2389, 3166 171______2528 24 CFR 207______2730 2823 39 CFR 211—______3300 200_____ 2827 P roposed R u l e s : 299______- ______3032 Ch. V I— 1914 _ 3292 261______2410 302______3300 3292 2410 399______—- 33001915 _ 262------16 CFR 26 CFR 41 CFR - 2774 l - i ______3070, 3283, 3284 13______2385-2387, _ _ _ 3113 13______— 31030, 3067 1-12 2517-2522, 2769-2773, 3156, 3157 --- , ------2992 15______2655, 2656, 3067 3- 1______3679 4- 1______500 ______3110 29 CFR _ _ 3680 4-2______501 ______3110 _ 2387 _ 3681 901 ______2556 4-3______3682 P roposed R u l e s : ______2557 4-4______3077 - ___ 3682,3683 so­ 90S ______2561 4-12______2673 3683 n s 9,OF, ____ - ______2563 4-16______2998 2399 250. 405! ______2990 5A-2______2400 409 ______2990 5A -72______2400 17 CFR 404 2990 5A -73______2585 200-______3659 40 R ______2990 5B-3______2586 240______3660 406 ____ 2990 9-5______2523 2990 14-1______P r o p o s e d R u l e s : 408 2586 409 ______2990 60-2______3219 230______2672 101-11______541 ______2389, 3220 3071 .... 3068 101-30______18 CFR 690 ______727______2774 P r o p o s e d R u l e s : 2822 1500 42 CFR 2400 2 3240 1601 3163 73______— 101 -______2413 141______2832, 3074 P r o p o s e d R u l e s : P roposed R u l e s : 2994 3119, 3760 157______3076 462______71___ —— 2411 201______- 2413 73— ------” ’ I _ 2411 250______2730 30 CFR 81------55 ______3660 19 CFR 56 ______3665 43 CFR 3072 8_ 3232 57______3670 1810...... 30721 10______;______2822 1820______3072 1860______3072 P r o p o s e d R u l e s : 31 CFR 9______2410 316______2827 2010______FEDERAL REGISTER 3791 Page 43 CFR— Continued 46 CFR Page 4 9 CFR Page

2020— ------3072 2_ 3706 7______2030------3072 24_ 3707 71 ______2120------3072 30_ 3707 371 2200______— 3072 31_ 3709 393 ______2210______3072 32_ 3709 1023______2220______3072 35_ 3709 1033______2230______3072 38_. 3709 1043______2240______3072 39_ 3709 1048 2250______3072 40_ 3710 1084______2310 70_ 3710 ------3072 P roposed R ules: 2320______3072 90_. 3710 2330______98_. 3711 172_ ____ 3072 173______4110______2591 110. 3712 146. 3712 174 _ Public L and O rders : 151. 3714 177 _ _ _ __ 4755 (corrected) 2828 175. 3713 179 ______4762 ______2402 502. 2523 192 ____ 4763 ______2776 504. 3114 236 ____ Proposed R u l e s : 47 CFR 371 ______393 ______23—------2994 2__------3169 Ch. X ______1840------_ 3173 15------2405, 2660 63 ------2776 1048______45 CFR 64 ----- 2776 73------2590, 2828, 3757, 3758 5 0 CFR 233------3072 81------_------______3169 28 249—------3072 83------3170 32______1009------3284 87— .------2829, 3170 33______1061------2402 97------3117 „ 2992, 3171, 3291, 3292, 3684, 3759 1067------1------3284, 3288 P roposed R u l e s : 279—------2407 Proposed R u l es : 25------2671 73 ------2831, 2998, 3120, 3179 P roposed R u l e s : 85______2791 74 -- 2672 280______2526

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

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United States Government. Organization | IU I AUIIAI OFFICE Of THE FEDERAL REGISTER | j| g | | " I ** I " " ■“ National Archives, and Records Service i ' government 1969-70 General Services Administration Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority,

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__» J- .✓ ~ y z .. --^ ---< . /V /- ■ -1.J: - ----«* -*/ —U- ■- midl..< businessmen, and lawyers who need current official information about the U.S. Government. The United States Government Organization Manual is the >r < ' ' ' *■ . official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA.

0 0 C r ^ '7 % * 3 per copy. Paperbound, with charts Order from Superintendent of Documents» ~ V ‘‘ U.S. Government Printing Office, Washington, D.C. 20402.