BANKS and BANKING Notes, Acknowledgements of Advance, Residents

FEDERAL REGISTER VOLUME 34 • NUMBER 159 Wednesday, August 20,1969 • Washington, D.C. Pages 13403-13457

Agencies in this issue— Agricultural Research Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Customs Bureau Export Marketing Service Federal Aviation Administration Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Hazardous Materials Regulations Board Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Commission on Product Safety Post Office Department Securities and Exchange Commission Small Business Administration Transportation Department Detailed list of Contents appears inside. Announcing First 10-Year Cumulation

TABLES OF LAWS AFFECTED in Volumes 70-79 of the

UNITED STATES STATUTES AT LARGE

Lists all prior laws and other Federal in- public laws enacted during the years 1956- struments which were amended, repealed, 1965. Includes index of popular name or otherwise affected by the provisions of acts affected in Volumes 70-79.

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AGRICULTURAL RESEARCH FEDERAL AVIATION Notices TTp/triti pfo • SERVICE ADMINISTRATION Atlantic Richfield Co. et al_— 13439 Notices Rules and Regulations Missouri Edison Co. and Pan­ handle Eastern Pipe Line Co_ 13440 Registered research facilities un­ Control zone and transition area; Northern States Power Co----- 13440 der Laboratory Animal Welfare alteration______13412 Pacific Gas Transmission Co_ 13440 Act; list------— ------13431 Jet route segments; alteration----- 13412 Restricted area;- alteration------13412 FEDERAL r e s e r v e s y s t e m AGRICULTURE DEPARTMENT Transition areas: See Agricultural Research Service; Alteration--.------— — 13411 Rules and Regulations Consumer and Marketing Serv­ Designations (2 documents)----- 13412 Reserves against certain foreign ice; Export Marketing Service. deposits------* 13409 Proposed Rule Making Truth in lending; discount for Airworthiness directives ; prompt payment of sales trans­ ATOMIC ENERGY COMMISSION Avions Marcel Dassault air­ actions ______13410 Notices planes ----- 13423 Notices Consolidated Edison Company of British Aircraft Corp. airplanes. 13424 Control zone and transition area; Depositors Corp.; disapproval of New York, Inc. ; issuance of pro­ acquisition of bank stock by visional construction permit— 13437 alteration------— 13425 Jet route; designation—------13425 bank holding company------13441 Replacement and modification First Banc Group of Ohio, Inc.; CIVIL AERONAUTICS BOARD p a rts______— 13421 applications for approval of ac­ Notices Transition areas; alterations (2 quisition of shares of banks (2 documents)______- 13424 documents)______13441 Nordair Ltee—Nordair, Ltd. ; post­ Marshall & Ilsley Bank Stock ponement of hearing------13437 Notices Corp.; approval of application under Bank Holding Company CIVIL SERVICE COMMISSION Atlanta Area Office, Atlanta, Ga.; closing______13437 Act ______—______13441 Rules and Regulations FISH AND WILDLIFE SERVICE Excepted service ; certain agencies FEDERAL COMMUNICATIONS (8 documents)______13407,13408 Rules and Regulations Notices COMMISSION Hunting on certain national wild­ Office of Economic Opportunity; Proposed Rule Making life refuges: noncareer executive assign­ Licensing and operating experi­ Arkansas; Wapanocca and Big ment ______13438 ence for amateur extra class L ak e______13416 license; extension of time:------13429 North Dakota; Long Lake------13416 COAST GUARD Slade______13417 Notices FEDERAL HOME LOAN BANK Tennessee; Tennessee______13417 San Mateo Point, San Clemente, BOARD Texas; Aransas______13417 Calif.; security zone______13437 Notices FOOD AND DRUG CONSUMER AND MARKETING Fidelity Financial Corp.; applica­ ADMINISTRATION tion for approval of acquisition Rules and Regulations SERVICE of control of Fidelity Savings Rules and Regulations and Loan Association et al___ 13437 Food additives; modified hop ex­ tract ______13414 Dates, domestic, produced or New animal drugs; statement of packed in California; market­ general policy or interpretation. 13413 ing ______13408 FEDERAL MARITIME Notices Proposed Rule Making COMMISSION Notices Food additive petitions: Milk handling in certain market­ Amdal Co______13436 ing areas; Agreements filed; Hercules, Inc______13436 Eastern Ohio-Western Pennsyl­ States Steamship Co. and Aus­ Industrial Dynamics Co______13436 vania; hearing------13419 tralia-West Pacific Line___ 13438 Schering Corp.;withdrawal ___ 13436 Oregon - Washington; recom­ States Steamship Co. and China University of California; with­ mended decision; extension of Navigation Co______.______13438 drawal ______13436 time ______13421 States Steamship Co. et al____ 13438 United States Atlantic & Gulf- HAZARDOUS MATERIALS CUSTOMS BUREAU Haiti Conference______13438 Puerto Rican Forwarding Co., REGULATIONS BOARD Rules and Regulations Inc.; general investigation of Proposed Rule Making Countervailing duties; sugar con­ rates in Atlantic/Puerto Rico Transportation of hazardous ma­ tent of certain articles from trad e______13439 Australia______13413 terials (5 documents) ___ 13426-13428 FEDERAL POWER COMMISSION HEALTH, EDUCATION, AND EXPORT MARKETING SERVICE WELFARE DEPARTMENT Rules and Regulations Notices See Food and Drug Administra­ Director, Program Operations Hydroelectric project licenses; cal­ tion. Division; redelegation of au­ culation of “net investment”; (Continued on next page) thority ______13436 correction ------13413 13405 13406 CONTENTS

INTERIOR DEPARTMENT LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE See Fish and Wildlife Service; Rules and Regulations COMMISSION Land Management Bureau. Alaska; public land order______13415 Notices Notices Hearings, etc.: INTERNAL REVENUE SERVICE California; proposed classification Boston Capital Corp. et al__ ___ 13443 Notices of public lands for transfer out Huyler’s ------13444 of Federal ownership______13430 Loomis-Sayles Canadian and Granting of relief regarding fire­ Oregon; filing of plat of survey— 13430 International Fund, Ltd____ 13445 arms acquisition, shipment, Rajac Industries, Inc______13446 etc.: NATIONAL COMMISSION ON Mensing, Kenneth V______13430 SMALL BUSINESS PRODUCT SAFETY Perrella, Peter M______13430 ADMINISTRATION Notices Notices INTERSTATE COMMERCE Household products presenting health and safety risk; hearing- 13442 Declaration of disaster loan areas: COMMISSION M innesota______13442 POST OFFICE DEPARTMENT O h io ______13442 Notices V irginia------13443 Fourth section applications for Roles and Regulations relief------13446 Money order fees at overseas TRANSPORTATION DEPARTMENT Motor carriers: armed forces post offices______13414 See also Coast Guard; Federal Alternate route deviation no­ A viation Administration; tices ------______13446 Hazardous Materials Regula­ Applications and certain other tions Board. proceedings______13448 Rules and Regulations Intrastate applications______13452 Temporary authority applica­ Relocation of Mountain-Central tions ------_------13453 standard time zone boundary in Transfer proceedings______13455 State of Kansas______13415 Seaboard Coast Line Railroad Co.; TREASURY DEPARTMENT applicable rates on phosphate See Customs Bureau; Internal rock______13446 Revenue Service.

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# 1969# and specifies how they are affected.

5 CFR P roposed R ules: 43 CFR 213 (8 documents)______13407, 13408 21------13421 39 (2 documents)______13423, 13424 P ublic Land Orders : 45------13421 4582 (modified by PLO 4676)____13415 7 CFR 71 (3 documents)______13424, 13425 4676______13415 987------______...... 13408 75______13425 47 CFR P roposed R ules: 18 CFR P roposed R ules : 1036a.------13419 2 ------13413 97‘_...... 13429 1124—______13421 14—------ä______1341*3 49 CFR 12 CFR 19 CFR 71------13415 204------13409 16------13413 P roposed R ules: 213------13409 21 CFR 172______13426 226------13410 173 (5 documents)______13426-13428 3 ------13413 177 ______13427 14 CFR 121------13414 178 __ 13428 71 (4 documents)______13411, 13412 73------13412 39 CFR 50 CFR 75------13412 171------*------13414 32 (5 documents)______13416,13417 13407

Rules and Regulations

§ 213.3305 Treasury Department. (10) [Revoked] Title 5— ADMINISTRATIVE (a) Office of the Secretary. * * * ***** (31) One Special Assistant to the Sec­ (27) [Revoked] PERSONNEL retary (Organized Crime). * * * * * Chapter I— Civil Service Commission ***** (f) [Revoked] PART 213— EXCEPTED SERVICE (41) One Law Enforcement Coordina­ * * * * * tor, Office of the Assistant Secretary (En­ (h) NationalPark Service. * * * Department of Agriculture forcement and Operations). (3) [Revoked] * Section 213.3113 is amended to show ***** ♦ * ,, * * * that, the Schedule A authority covering (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- § 213.3313 Department of Agriculture. 1958 Comp., p. 218) certain seasonal positions in cotton- (a) Office of the Secretary. * * * classing offices of the Consumer and Mar­ U nited S tates Civil S erv­ (7) One Chauffeur for the Secre­ keting Service is extended to cover ice Commission, tary. * * * supervisory clerks in grade GS-3 who [seal] J ames C. S pry, serve no more than 1,040 hours in any, Executive Assistant to ***** year. Effective on publication in the F ed­ the Commissioners. (12) [Revoked] eral R egister, subparagraph (1) of para­ [F.R. Doc. 69-9879; Filed, Aug. 19, 1969; ♦ * * * * graph (f) of § 213.3113 is amended as set 8:49 am.] (c) Office of the Under Secre out below. tary. * * * § 213.3113 Department of Agriculture. PART 213— EXCEPTED SERVICE (2) [Revoked] ***** * ... * * * * Miscellaneous Amendments (f) Consumer and Marketing Service. (n) Agricultural Economics. * * * (1) Positions of cotton classers GS-9 and Part 213 is amended to remove from (2) [Revoked] below, clerks GS-2, supervisory clerks Schedule C the authorities covering posi­ ***** GS-3, and laborers, employed on a sea­ tions that have been abolished or that sonal basis in cotton-classing offices out­ are now covered by other appointing au­ § 213.3314 Department of Commerce, side the Washington, D.C., Metropolitan thorities, and to show amendments to (a) Office of the Secretary. * * * §§ 213.3313 and 213.3315. Effective on Area. Employment under this authority (4) [Revoked] (or under a combination of this authority publication in the F ederal R egister, and any other excepting authority) shall Part 213 is amended as set out below. * * * ♦ * not exceed 1,280 hours a year in the case § 213.3305 Treasury Department. (7) [Revoked] of cotton classers and laborers, and 1,040 ***** ***** hours a year in the case of clerks; except (19) [Revoked] that a GS-5 cotton classer may be em­ (a) Office of the Secretary. * * * ployed as a trainee during his first ap­ (17) [Revoked] ***** pointment for an initial period of 6 ***** (22) [Revoked] months for training purposes without re­ (21) [Revoked] * ♦ * * gard to the above time limitation. * * * * * (26) [Revoked] ***** (25) [Revoked] * * * ♦ (5 U.S.C. 3301, 3302, E.O. 10677; 3 CFR 1954- * * * * * (29) [Revoked] 1958 Comp., p. 218) (27) [Revoked] * * * * U nited S tates Civil S erv­ * ♦ (38) [Revoked] ice Commission, (32) [Revoked] $ ♦ * ♦ [seal] James C. S pry, Executive Assistant to ***** (d) [Revoked] the Commissioners. (d) [Revoked] * * * * [F.R. Doc. 69-0874; Filed, Aug. 19, 1969; * * * * * (g) Bureau of Public Roads. * * * 8:49 am.] § 213.3306 Department of Defense, (2) [Revoked] (a) Office of the Secretary. * * * * * ♦ * * PART 213— EXCEPTED SERVICE * * * * * (4) [Revoked] (5) [Revoked] Treasury Department (26) [Revoked] ***** (h) Patent Office. * * * (3) [Revoked] Section 213.3305 is amended to show § 213.3310 Department of Justice. that one position of Law Enforcement ***** ***** Coordinator, Office of the Assistant Sec­ (m) Office of the Assistant Secretary retary (Enforcement and Operations), is (d) Anti-Trust Division. * * * excepted under Schedule C. The section (10) [Revoked] for Domestic & International Busi­ also is amended to show that the title of * * * * ' * ness. * * * the Schedule C position of Executive As­ (h) Land and Natural Resources Divi­ (6) [Revoked] sistant to the Special Assistant to the sion. * * * (7) [Revoked] Secretary (for Enforcement) has been changed to Special Assistant to the Sec­ (7) [Revoked] * * * * * retary (Organized Crime). Effective on * * * * * §213.3315 Department of Labor. publication in the F ederal R egister, sub- § 213.3312 Department of the Interior. paragraph (31) of paragraph (a) of (a) Office of the Secretary. (1) Four § 213.3305 is amended and a new sub- (a) Office of the Secretary. * * * Special Assistants, one Confiden­ pagaraph (41) is added as set out below. (9) {Revoked] tial Assistant and one Confidential

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13408 RULES AND REGULATIONS

Assistant (Private Secretary) to the PART 213— EXCEPTED SERVICE Secretary of Labor. (2) Six Confidential Assistants to the Special Assistant to the Administrator. (2) [Revoked] Department of Commerce ***** * * * * • Section 213.3314 is amended to show (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- (6) One Confidential Assistant to the that one position of Executive Assistant 1958 Comp., p. 218) Under Secretary of Labor. to the Maritime Administrator is except­ * * ♦ • ed under Schedule C. Effective on publi­ U nited S tates Civil S erv­ ice Commission, (7) [Revoked] cation in the F ederal R egister, subpara­ graph (4) is added under paragraph (j) [ SEAL ] JAMES C. SPRY, ~ * * * * * as set out below. Executive Assistant to (9) [Revoked] the Commissioners. ♦ * * §213.3314 Department of Commerce. [F.R. Doc. 69-9880; Filed, Aug. 19, 1969; * * ***** (11) [Revoked] 8:50 a.m.] * ♦ * * * * (j) Maritime Administration. * * * (13) (4) One Executive Assistant to the PART 213— EXCEPTED SERVICE [Revoked] Administrator. * * * ♦ * * * * * * Department of Housing and Urban (15) [Revoked] (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954- Development * * * ♦ * 1958 Comp., p. 218) Section 213.3384 is amended to show (18) [Revoked] U nited S tates Civil S erv­ that two additional positions of Assistant ♦ * * * * ice Commission, for Congressional Relations are excepted (c) Bureau of Employment Security. [seal] J ames C. S pry, under Schedule C. Effective on publica­ (1) [Revoked] Executive Assistant to tion in the F ederal R egister, subpara­ * * * * * the Commissioners. graph (41) of paragraph (a) is amended under § 213.3384 as set out below. (g) Bureau of Labor Standards. * * * [F.R. Doc. 69-9875; Filed, Aug. 19, 1969; (3) [Revoked] 8:49 a.m.]_ § 213.3384 Department of Housing and Urban Development. * * * * * PART 213— EXCEPTED SERVICE (a) Office of the Secretary. * * * (k) [Revoked] (41) Five Assistants for Congressional * * * * * Department of Commerce Relations. ***** § 213.3352 St. Lawrence Seaway Devel­ Section 213.3314 is amended to show opment Corporation. that one position of Special Assistant (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954- to the Assistant Secretary for Economic 1958 Comp., p. 218) (a) [Revoked] Development and two positions of Con­ U nited S tates Civil S erv­ * * * * * gressional Liaison Officer in the Economic ice Commission, (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- Development Administration are ex­ [ SEAL 1 J AMES C. SPRY, 1958 Comp., p. 218) cepted under Schedule C. Effective on Executive Assistant to publication in the F ederal R egister, the Commissioners. U nited S tates Civil S erv­ subparagraphs (34) and (35) are added ice Commission, to paragraph (q) of § 213.3314 as set out [F.R. Doc. 69-9878; Filed, Aug. 19, 1969; [seal] J ames C. S pry, below. 8:49 a.m.] Executive Assistant to the Commissioners. § 213.3314 Department of Commerce. * * * * * [F.R. Doc. 69-9873; Filed, Aug. 19, 1969; 8:49 a.m.] (q) Office of the Assistant Secretary Title 7— AGRICULTURE for Economic Development. * * * Chapter IX— Consumer and Market­ (34) One Special Assistant to the As­ ing Service (Marketing Agreements PART 213— EXCEPTED SERVICE sistant Secretary. and Orders; Fruits, Vegetables, (35) Two C on gression al Liaison Department of Defense Officers. Nuts), Department of Agriculture Section 213.3306 is amended to show' (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954- PART 987— DOMESTIC DATES PRO­ that one position of Private Secretary 1958 Comp., p. 218) DUCED OR PACKED IN A DESIG­ and Confidential Assistant to the Assist­ nited tates ivil erv NATED AREA OF CALIFORNIA ant to the Secretary is excepted under U S C S ­ ice Commission, Schedule C. Effective on publication in [seal] J ames C. S pry, Subpart— Market Development the F ederal R egister, subparagraph (56) Executive Assistant to is added to paragraph (a) of § 213.3306 Establishment of Criteria T o D eter­ as set out below. the Commissioners. mine Major Marketing P romotion [F.R. Doc. 69-9876; Filed, Aug. 19, 1969; P rogram §213.3306 Department of Defense. 8:49 a.m.] Notice was published in the August 2, (a) Office of the Secretary. * * * 1969, issue of the F ederal R egister (34 F.R. 12633) regarding a proposal, unani­ (56) One Private Secretary and Confi­ PART 213— EXCEPTED SERVICE dential Assistant to the Assistant to the mously recommended by the Date Ad­ Secretary. Veterans Administration ministrative Committee, to establish cri­ teria to determine a major marketing ***** Section 213.3327 is amended to show promotion program. This action defining (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954- that 4 additional Confidential Assistants such criteria is pursuant to § 987.33 of 1958 Comp., p. 218) to the Special Assistant to the Admin­ the marketing agreement, as amended, istrator are excepted under Schedule C. U nited S tates Civil S erv­ and Order No. 987, as amended (7 CFR Effective on publication in the F ederal Part 987), regulating the handling of ice Commission, R egister, subparagraph (2) of para­ [seal] J ames C. S pry, domestic dates produced or packed in a graph (a) of § 213.3327 is amended as designated area of California. The Executive Assistant to set out below. the Commissioners. amended marketing agreement and or­ § 213.3327 Veterans Administration. der are effective under thç Agricultural [Fit. Doc. 69-9877; Filed, Aug. 19, 1960; Marketing Agreement Act of - 1937, as 8:49 a.m.] (a) Office of the Administrator. * * * amended (7 U.S.C. 601-674).'

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 RULES AND REGULATIONS 13409

(b) Time deposits. The term “time de­fore the beginning of the maintenance The notice afforded interested persons period; except that only 3 percent need an opportunity to submit written data» posits” means "time certificates of deposit,” "time deposits, open account,” be so maintained against such deposits views, or arguments with respect to the which are time deposits8 aggregating proposal. None were submitted within and “savings deposit,” as defined below; except that for the purposes of § 204.5 (c>, not more than 4 percent of such mem­ the prescribed time. ber bank's daily average deposits subj ect After consideration of all relevant “time deposits” shall have the meaning set forth therein. to paragraph (a) of this section during matter presented, including that in the the computation period. An excess or notice, the information and recommen­ ***** deficiency in reserves in any week of dations submitted by the Committee, (f) Deposits as including certain a maintenance period under this para­ and other available information it is promissory notes and other instruments. graph shall be subject to § 204.3(a) (3), found that criteria to determine a major For the purposes of this part, the term as if computed under § 204.3(a) (2) , and marketing promotion program, as here­ “deposits” shall be deemed to include deficiencies under this paragraph shall inafter set forth, will tend to effectuate any promissory note, acknowledgement be subject to § 204.3(b).18 the declared policy of the Act. of advance, due bill, or similar instru­ d. The following new section is added Therefore, a new Subpart—Market ment that is issued by a member bank to Part 213: Development is hereby added to read as principally as a means of obtaining funds follows: to be used in its banking business, except § 213.7 Reserves against foreign branch deposits. Subpart— Market Development any such instrument (1) that is issued to a domestic banking office of another (a) Transactions with parent bank. § 987.401 Criteria for determining a bank,8* (2) that evidences an indebted­ During each week of the 4-week period major marketing promotion pro­ ness arising from a transfer of direct beginning October 16, 1969, and during gram. obligations of, or obligations that are each week of each successive 4-week A major marketing promotion pro­ fully guaranteed as to principal and (“maintenance”) period, a member bank gram is any marketing promotion pro­ interest by, the United States or any having one or more foreign branches gram requiring the expenditure of more agency thereof (other than a part in­ shall maintain with the Reserve Bank than $500 (five hundred dollars) of terest in such obligations) that the bank of its district, as a reserve against its Committee funds. is obligated to repurchase, or (3) that has foreign branch deposits, a daily average an original maturity of more than 2 years balance equal to 10 percent of the It is further found that good cause and states expressly that it is subordin­ amount by which the daily average total exists for making this action effective as ated to the claims of depositors. This of hereinafter specified and for not post­ paragraph shall not, however, affect (i) (1) Net balances due from its domes­ poning the effective time until 30 days any instrument issued before June 27, tic offices to such branches, and after publication in the F ederal R egister 1966, or (ii) any instrument that evi­ (2) Assets (including participations) (5 U.S.C. 553) in tliat: (1) The establish­ dences an indebtedness arising from a ment by the Date Administrative Com­ held by such branches which were ac­ transfer of assets under repurchase quired from its domestic offices,7 mittee of such criteria is required pur­ agreement issued before July 25, 1969, during the 4-week (“computation”) pe­ suant to § 987.33 of the order; (2) this or (iii) until August 28,1969, any instru­ action imposes no restrictions upon han­ riod ending on the Wednesday, 15 days ment that evidences an indebtedness bef ore the beginning of the maintenance dlers; (3) handlers need no time for arising from a transfer of assets under preparation; and (4) postponing the period, exceeds the greater of repurchase agreement issued, renewed, (i) The corresponding daily average effective time of this action beyond the or extended on or after July 25, 1969, date of publication in the F ederal R eg­ or (iv) any instrument issued to a for­ total8 for either the 4-week period ister would serve no useful purpose.. ending May 28, 1969, or (except as the eign office of another bank before June Board may otherwise specify) any com­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 27, 1969. putation period beginning on or after 601-674) * * * 4» * September 4, 1969, whichever is least, or Dated August 14,1969, to become effec­ § 204.5 [Amended] (ii) 3 percent of the member bank’s tive upon publication in the F ederal daily average deposits subject to § 204.5 R egister. b; Section 204.5(a) is amended by (a) of this chapter (Regulation D) F loyd F. Hedlund, changing “paragragh (b) of this sec­ during the computation period: Director, tion,” to read “pararaphs (b) and (c) of Fruit and Vegetable Division. this section,”. Provided, That the applicable base com­ puted under subdivision (i) or (ii) shall [F.R. Doc. 69-9832; Filed, Aug. 19, 1969; c. The following paragraph is added to § 204.5: be reduced by the daily average amount 8:47 a.m.] of any deposits of the member bank sub­ (c) Reserve percentages against cer­ject to § 204.5(c) of this chapter (Regu­ tain deposits by foreign banking offices. lation D) during the computation period. Deposits represented by promissory (b) Credit extended to United States Title 12— BANKS AND BANKING notes, acknowledgements of advance, residents. During each week of the 4-week due bills, or similar obligations described period beginning October 16, 1969, and Chapter II— Federal Reserve System in § 204.1(f) to foreign offices of other SUBCHAPTER A— BOARD OF GOVERNORS OF banks * shall not be subject to paragraph THE FEDERAL RESERVE SYSTEM (a) of this section or to § 204.3(a) (1) 7 Excluding (1) assets so held on June 26, [Regs. D, M] and (2); but during each week of the 4- 1969, representing credit extended to persons week period beginning October 16, 1969, not residents of the United States, and (2) PART 204— RESERVES OF MEMBER credit extended or renewed by a domestic and during each week of each successive office-after June 26, 1969, to persons not resi­ BANKS 4-week (“maintenance”) period, a mem­ dents of the United States to-the extent such ber bank shall maintain with the Re­ credit was not extended in order to replace PART 213— FOREIGN ACTIVITIES OF serve Bank of its district a daily average credit outstanding on that date which was NATIONAL BANKS balance equal to 10 percent of the daily paid prior to its original maturity (see defi­ average amount of such deposits dur­ nition of U.S. resident in footnote 9>. Reserves Against Certain Foreign ing the 4-week (“computation”) period 8 Excluding assets representing credit ex­ Deposits tended to persons not residents of the United raiding on the Wednesday 15 days be- States. 1. Effective September 4,1969, the fol­ »For the purposes of this paragraph, lowing amendments are hereby adopted: 8111.e., any banking office in any State "time deposits” means any deposit having a a. Section 204.1 (b) and (f) is amended of the United States or the District of Co­ maturity of 1 day or more. to read as follows: lumbia of a bank organized tinder domestic I0The term “computation period” in or foreign law. § 204.3(a>( 3) and' (to)- shall, for this pur­ § 204.1 Definitions. *I.e., offices of other banks not covered pose, be deemed to refer to each week of a * * * * ♦ by 1204.1(f) (1). maintenance period under this paragraph.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, T969 13410 RULES AND REGULATIONS

during each week of each of successive in the 4 weeks ending May 28, 1969; and defines “United States resident” to in­ 4-week maintenance period, a member (3) Borrowings by member banksclude any individual residing in any State bank having one or more foreign from banks abroad that are not denomi­ or the District of Columbia, any corpora­ branches shall maintain with the Reserve nated as deposits. tion or other entity organized therein, Bank of its district, as a reserve against b. In view of the comments received, and any domestic office of a foreign com­ its foreign branch deposits, a daily aver­ the Board has incorporated various pany. It is also made clear that credit age balance equal to 10 percent of the changes in these amendments as adopted. extended to foreign offices or affiliates of amount by which daily average credit The principal substantive changes are as domestic companies will not be treated outstanding from such branches to U.S. follows: as credit to U.S. residents if the funds residents® (other than assets acquired (1) The amendment to § 204.1(f)(1) will be used in the foreign business of the and net balances due from its domestic has been modified to make dear that this borrower or another foreign affiliate of offices ), during the 4-week computation exemption applies only to a domestic the domestic company. period ending on the Wednesday, 15 days banking office of another bank; and a 3. The effective date of the amendment before the beginning of the maintenance footnote has been added to clarify that was deferred for less than the 30-day period, exceeds either the corresponding “domestic” in this context means any period referred to in section 553(d) of daily average total during the 4-week banking office in any State of the United title 5, United States Code, because the period ending May 28, 1969 or the total States or the District of Columbia of a Board found that'the general credit situ­ outstanding on June 25 or 26,1969: Pro­ bank organized under domestic or foreign ation and the public interest compelled vided, That this paragraph does not ap­ law. Also, an exemption is provided in it to make the action effective no later ply to credit extended (1) by a foreign § 204.1(f) for obligations issued to a for­ than September 4,1969. branch which at no time during the com­ eign office of another bank before putation period had credit outstanding June 27, 1969. Approved: August 12,1969. to United States residents9 exceeding $5 (2) The'reserve requirement in § 204.5 By order of the Board of Governors. million, (2) to enable the borrower to (c) on borrowings from foreign banks comply with requirements of the Office [seal] K enneth A. K enyon, has been conformed to the foreign branch Deputy Secretary. of Foreign Direct Investments, Depart­ reserve requirements in Regulation M ment of Commerce,10 or (3) under bind­ with respect to the time periods for com­ [F.R. Doc. 69-9803; Filed, Aug. 19, 1969; ing commitments entered into before puting and maintaining such reserves. A 8:45 a.m.] June 27, 1969. provision has been added to § 204.5(c) to 2a. By notice of proposed rule making the effect that borrowings from foreign [Reg. Z] dated June 26,1969 (Federal R egister of banks having maturities of 1 day or more July 3, 1969, 34 F.R. 11214), the Board will be subject to a reduced reserve re­ PART 226— TRUTH IN LENDING of Governors proposed to amend §§ 204.1 quirement of 3 percent (rather than 10 Discount for Prompt Payment of (f) (1) and 204.5 of this chapter (Regu­ percent), up to an amount of such “time” lation D) and to add a new § 213.7 to borrowings equal to 4 percent of the Sales Transactions Part 213 of this chapter (Regulation M) member bank’s deposits subject to re­ 1. Effective August 11, 1969, § 226.8(o) in order to remove a special advantage serve 'requirements. Time borrowings is amended to read as follows: to member banks of using foreign funds above this base (and all borrowings actu­ (primarily Euro-dollars) for adjustment ally payable on demand) from foreign § 226.8 Credit other than open end— to domestic credit restraint. The general banks would be subject to the 10 percent specific disclosures. purpose of such amendments as proposed requirement. Also, provision has been * * * * * was to establish a 10 percent reserve re­ made in § 204.5(c) for dealing with re­ (0) Discount for prompt payment of quirement against deposits to the extent serve deficiencies under that paragraph. sales transactions. (1) For the purposes of— (3) A footnote has been added to of this paragraph, a “transaction subject (1) Borrowings by domestic offices of § 213.7(a) which excludes from the 10 to § 226.8(o) ” is a credit sale transaction member banks from their foreign percent reserve requirement on assets which is not exempt under § 226.3 and branches and assets of foreign branches sold to foreign branches (i) any assets which is subject to a discount for pay­ acquired from domestic offices of the held by foreign branches on June 26, ment on or before a specified date (e.g., parent member banks, to the extent such 1969, representing credit extended to 2 percent discount if paid within 10 days) borrowings and assets exceed either the nonresidents of the United States, and or to a charge for delaying payment daily average amounts outstanding in (ii) credit extended or renewed by after a specified date (e.g., $98 cash, $100 the 4 weeks ending May 28, 1969, or 3 domestic offices of a member bank after if paid in 30 days). Both such a discount percent of deposits subject to reserve re­ June 26, 1969, to nonresidents of the and such a charge are referred to in this quirements; United States, except to the extent such paragraph as a “discount.” In.the case (2) Credit extended by foreign credit was extended in order to replace of any transaction subject to this § 226.8 branches of member banks to U.S. resi­ credit outstanding on that date which (o), notwithstanding the provisions of dents, to the extent such credits exceed was paid prior to its maturity. Since no the last sentence of paragraph (a) of this those in a base period defined as either reserve requirement applies to foreign section, the creditor shall disclose on the the amount outstanding on June 25,1969, credits acquired from domestic offices invoice or other evidence of such sale, as or the daily average amount outstanding which were held on June 26, 1969 by for­ applicable: eign branches or to foreign credits ex­ (1) The date of the sale or invoice. • I.e., (a) any individual residing (at the tended or renewed after that date, for­ (ii) The rate of discount, the date by time the credit is extended) in any State of eign credits are also excluded in comput­ which or period within which the dis­ the United States or the District of Columbia; ing a member bank’s base under § 213.7 count may be taken, and the date by (to) any corporation, partnership, association (a) . It is also provided that any borrow­ which or period within which the full or other entity organized therein (“domestic ings from foreign banks under § 204.5 amount of the obligation is due and pay­ corportion”).; and (c) any branch or office able. (For example, “2 percent per 10 located therein of any other entity wherever (c) shall operate to reduce the reserve- free base available on borrowings from days, net 30 days”; or “$1 per ton per 10 organized. Credit extended to a foreign days, net 30 days.”) branch, office, subsidiary, affiliate or other foreign branches under § 213.7(a). foreign establishment (“foreign affiliate”) (4) Section 213.7(b) has been modi­ Oil) The information required under controlled by one or more such domestic cor­ fied to exempt borrowings to meet the paragraph (b) (4) and (5) of this porations will not be deemed to be credit requirements of the Office of Foreign section. extended to a U.S. resident if the proceeds (iv) The amount of the discount, des­ will be used in its foreign business or that of Direct Investments, Department of Com­ other foreign affiliates of the controlling merce, and borrowings under commit­ ignated as a “finance charge,” using that domestic corporation (s). ments entered into before June 27, 1969, term. 10 The branch may in good faith, ¡rely on the from the 10 percent reserve requirement (v) If the discount shown for prompt borrower’s certification that the funds will applicable to foreign branch credit to payment exceeds 5 percent of the obliga­ be so used. United States residents. Also, a footnote tion to which the discount relates, the

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 RULES AND REGULATIONS 13411

“annual percentage rate,” using that ject to this § 226.8(0). is payable in a graph made on the invoice or other evi­ term, computed in accordance with sub- single payment and no finance charge dence of sale may be delivered subsequent paragraph (2) of this paragraph, but other than a discount is or may be im­ to consummation of the transaction. subject to the exceptions provided under posed, and such discount is not utilized (9) This amended paragraph (o) of paragraph (b) (2) of this section. for the purpose of circumvention or eva­ § 226.8 shall become effective August 11, (2) For the purposes of subparagraph sion of disclosure requirements, the dis­ 1969, but until March 1, 1970, any credi­ (1) (v) of this paragraph, the annual closure required by subparagraph (1) of tor may at his option use any printed percentage rate shall be determined by this paragraph shall constitute compli­ forms which were prepared before such dividing the amount of the finance ance with the requirements of this effective date in accordance with this charge by the least amount payable in § 226.8 and under § 226.9(a) shall con­ paragraph (o) of § 226.8 in effect at the satisfaction of the obligation and multi­ stitute “all other material disclosures re­ time of such preparation. plying the quotient (expressed as a per­ quired under this part.” 2a. The purpose of this amendment is centage) by a fraction in which the (6) If a transaction subject to this to clarify the application of the Truth numerator is 12, and the denominator is § 226.8(0) is debited to an open end credit in Lending Act to those cases in which the number of whole months (but not account, % disclosures shall be made as a credit sale transaction is subject to less than 1) between the first day of the specified* in subparagraph (1) of this a discount for prompt payment on or monthly billing cycle in which the trans­ paragraph and also as specified in § 226.7. before a specified date or to a charge action is consummated and the first day The full amount of the obligation includ­ for delaying payment after a specified of the monthly billing cycle in which the ing the amount of the discount may be date. obligation becomes due.“a debited to the open end credit account, b. The requirements of section 553 of (3) In a transaction with multiple dis­ under § 226.7(b) (2), and the amount of Title 5, United States Code, with respect count rates (for example 6 percent per any finance charge representing the dis­ to notice, public participation, and de­ 10 days, 4 percent per 20 days, net 30 count need not be added to any other ferred effective date were not followed days), the largest discount shall be used finance charge for the purpose of com­ in connection with this amendment. The for purposes of disclosing the amount of puting and disclosing the total amount of effect of the amendment in general is the finance charge under subparagraph finance charge and the annual percent­ to provide relief from a restriction and, (1) (iv) of this paragraph and the an­ age rate under §§ 226.5(a) and 226.7.18d in view of the unnecessary hardship on nual percentage rate under subparagraph (7) If a transaction subject to this certain creditors in complying with the (1) (v) of this paragraph.18*1 § 226.8(o) is not debited to an open end original § 226.8(o), the Board found that (4) In order to determine the appli­ credit account, but either is subject to following such procedures would result cability of subparagraph (1) (v) of this an additional finance charge or is pay­ in delay that would be contrary to the paragraph and to facilitate disclosure of able by its terms in more than one pay­ public interest. an annual percentage rate, if the amount ment, disclosures shall be made as spec­ Adopted: August 8,1969. of the discount for prompt payment is ified in subparagraph (1) of this para­ related, pursuant to usual business prac­ graph and also as specified in paragraphs By order of the Board of Governors. tice, to weight, quantity, or other physi­ (b) and (c) of this section. In such a [seal] K enneth A. K enyon, cal measure (e.g., $1 per ton or 1 cent per case, if the transaction is payable in more Deputy Secretary. gallon) rather than expressed as a per­ than one payment, the amount of the centage of discount, that discount may discount shall be deducted for the pur­ [F.R. Doc. 69-9802; Filed, Aug. 19, 1969; be converted to an approximate discount pose of computing and disclosing the 8:45 a.m.] rate and, under subparagraph (2) of cash price under paragraph (c)(1) of this paragraph, a reasonably accurate this section and shall be added to any approximation of the annual percentage other finance charge for the purpose of Title 14— AERONAUTICS AND rate by using approximate or projected computing and disclosing the amount of prices per physical unit determined on the finance charge under paragraph (c) the basis of past experience, current in­ (8) (i) of this section and the annual SPACE formation, or projected analysis.180 percentage rate under paragraph (b) (2) Chapter I— Federal Aviation Adminis­ (5) If by its terms a transaction sub- of this section.18* If the transaction is tration, Department of Transportation payable in a single payment, the discount For example, a $1,000 purchase of feed may be disregarded in computing and [Airspace Docket No. 69-WE-46] subject to terms of 6 percent per 10 days disclosing such cash price, finance PART 71— DESIGNATION OF FEDERAL net 30 days (or 6 percent per 10 days, net charge, and annual percentage rate.18f AIRWAYS, CONTROLLED AIRSPACE, E.O.M.; or 6 percent per 10 days, net 10th (8) Notwithstanding the provisions of of the following month; or 6 percent per 20 AND REPORTING POINTS days, net 30 days; or 6 percent per 30 days, the second sentence of paragraph (a) of net 30 days; or 6 percent discount for cash, this section, the disclosures required Alteration of Transition Area net 30 days) results in a finance charge of under subparagraph (1) of this para- $60, a least amount payable of $940, and an On July 1, 1969, a notice of proposed annual percentage rate of 76.56 percent, rule making was published in the F ederal which may be rounded to 76.50 percent or isd For example, if a $1,000 sale on terms of R egister (34 F.R. 11101) stating that the 76% percent. Terms of 6 percent per 20 days, 2 percent per 10 days, net 30 days, is debited Federal Aviation Administration was net Sept. 29 applied to an April purchase, to an open end account on which 1 percent considering an amendment to Part 71 of assuming a calendar month billing cycle, re­ per month is charged, the periodic statement the Federal Aviation Regulations that sult in an annual percentage rate of 15.31 under § 226.7(b) (assuming no other trans­ would alter the description of the Chero­ percent (i.e., %4 X 1%) which may be rounded actions in the account) would show a to 15,25 percent or 1514 percent. In this previous balance of $1,000, a finance charge kee, Wyo., transition area. example the 29 days in September are ig­ of $10, and an annual percentage rate of 12 Interested persons were given 30 days nored and the denominator (5) is determined percent. in which to submit written comments, by the number of whole months in the iae por example, if a $1,000 sale on terms of suggestions, or objections. No objections period. 2 percent per 10 days, net 30 days is subject have been received and the proposed 186 For example, terms of 6 percent per 10 to an add-on finance charge of $100 and is amendment is hereby adopted subject to days, 4 percent per 20 days, net 30 days would payable in installments, the disclosures be treated like terms of 6 percent per 10 days, under § 226.8 (b) and (c) would include a the following changes. net 30 days, which would represent an annual cash price of $980 and a finance charge of In the description of the transition area percentage rate of 76% percent. $120. delete all after “ * * * extending * * *” isc por example, if terms of $3 discount per is* For example, if a $1,000 sale on Aug. 2, and substitute therefor “* * * to 8 miles ton per 10 days, net 30 days are offered on not under an open end account is subject to east and 19 miles west of the VORTAC.” fertilizer that is expected to sell in a range of terms of 2 percent per 10 days, net 30 days, Since these changes are editorial in about $48 to $52 per ton, the annual per­ thereafter 8 percent per annum until Dec. 1, nature, notice and public procedure here­ centage rate could be approximated for pre­ the disclosures under § 226.8 (b) and on are unnecessary. printing as if it were 6 percent (i.e., $3 on (c) would include a cash price of $1,000, a $50) per 10 days, net 30 days, that is, 76% finance charge of $19.95, and an annual Effective date. This amendment shall percent. percentage rate of 8 percent. be effective 0901 G.m.t., October 16,1969.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 No. 159----- 2 13412 RULES AND REGULATIONS

Issued in Los Angeles, Calif., on Au­ [Airspace Docket No. 69-WE-43] gust 12,1969. from Coast and Geodetic Survey. It is PART 71— DESIGNATION OF FEDERAL necessary to alter the description by add­ Lee E. Warren, ing the geographic coordinate for the Acting Director, Western Region. AIRWAYS, CONTROLLED AIRSPACE, airport. In § 71.181 (34 F.R. 4637) the Cherokee, AND REPORTING POINTS Since this amendment is editorial in Wyo., transition area is amended to read: Designation of Transition Area nature, notice and public procedure Cherokee, Wyo. hereon are unnecessary and action is On July 1, 1969, a notice of proposed taken herein to alter the description That airspace extending upward from 1,200 rule making was published in the F ed­ accordingly. feet above the surface within 9 miles south eral R egister (34 F.R. 11103) stating In consideration of the foregoing, Part and 6 mUes north of the Cherokee VORTAC that the Federal Aviation Administration 261° and 081° radials extending to 8 miles 71 of the Federal Aviation Regulations east and 19 miles west of the VORTAC. was considering an amendment to Part is amended, effective 0901 G a t ., Octo­ 71 of the Federal Aviation Regulations ber 16, 1969, as hereinafter set forth. [P.R. Doc. 69-9862; Piled, Aug. 19, 1969; that would designate a transition area In § 71.181 (34 Fit. 4637), the follow­ 8:48 a.m.] for Aurora State Airport, Aurora, Oreg. ing transition area is added: Interested persons were given 30 days Indianola, Miss. [Airspace Docket No. 69-SO-63] in which to submit written comments, suggestions, or objections. No objections That airspace extending upward from 700 PART 71— DESIGNATION OF FEDERAL feet above the surface within a 6.5-mile have been received and the proposed radius of Indianola-Legion Field (lat. AIRWAYS, CONTROLLED AIRSPACE, amendment is hereby adopted subject to 33°29'05" N„ long. 90°40'45" W.) . the following changes. AND REPORTING POINTS (Sec. 307(a), Federal Aviation Act of 1958, Delete “* * * 125° * * *” and **• * * 49 U.S.C. 1348(a), sec. 6(c), Department of Alteration of Transition Area and 305° * * *” in reference to the Newberg Transportation Act, 49 U.S.C. 1655(c)) Control Zone VORTAC radials and substitute “* * * 123° * * *” and“* * * 303° * * ♦’’ there­ Issued in East Point, Ga., on Au­ On July 9, 1969, a notice of proposed for. gust 12,1969. rule making was published in the F ederal Since these changes are minor in na­ G ordon A. W illiams, Jr., R egister (34 F.R. 11379), stating that ture, notice and public procedure hereon Acting Director, Southern Region. the Federal Aviation Administration was are unnecessary. , [F.R. Doc. 69-9865; Filed, Aug. 19, 1969; considering an amendment to Part 71 8:49 a.m.] of the Federal Aviation Regulations that Effective date. This amendment shall would alter the Kinston, N.C., transition be effective 0901 G.m.t., October 16, J.969. [Airspace Docket No. 69-EA-71] area. Issued in Los Angeles, Calif., on Interested persons were afforded an August 12,1969. PART 73— SPECIAL USE AIRSPACE opportunity to participate in the rule Lee E. Warren, Alteration of Restricted Area making through the submission of com­ Acting Director, Western Region. ments. All comments received were fa­ On July 1, 1969, a notice of proposed vorable. In § 71.181 (34 F.R: 4637) the follow­ rule making was published in the F ederal Subsequent to publication of the no­ ing transition area is added: R egister (34 F.R. 11103) stating that the tice, the geographic coordinate (lat. 35°- Aurora, Oreg. Federal Aviation Administration is con­ 19'40" N., long. 77°36'55" W.) for Stall­ That airspace extending upward from 700 sidering an amendment to Part 73 of the ings Field was obtained from Coast and feet above the surface within a 5-mile radius Federal Aviation Regulations which Geodetic Survey. It is necessary to alter of the Aurora State Airport (latitude would raise the ceiling of the Lake Erie, the transition area and control zone de­ 45°15'00" N., longitude 122°46'10" W.) and Ohio, Restricted Area R^5505 from 2,600 scriptions to reflect the refined airport within 2.5 miles each side of the 123° radial feet MSL to 6,000 feet MSL. geographic coordinate. of the Newberg VORTAC, extending from the Interested persons were afforded an Since this amendment is editorial in 5-mile radius area to the VORTAC; that air­ opportunity to participate in the rule space extending upward from 1,200 feet atidve nature, notice and public procedure the surface within 9.5 miles southwest and making through the submission of com­ hereon are unnecessary and action is 4.5 miles northeast of the 303° radial of the ments. All comments received were taken herein to alter the descriptions Newberg VORTAC, extending from the favorable. accordingly. VORTAC to 18.5 miles northwest of the In consideration of the foregoing, Part In consideration of the foregoing, Part VORTAC. 73 of the Federal Aviation Regulations 71 of the Federal Aviation Regulations [F.R. Doc. 69-9864; Filed, Aug. 19, 1969; is amended, effective September 18, 1969, is amended, effective 0901 G.m.t., Octo­ 8:49 a.m.] as hereinafter set forth. ber 16, 1969, as hereinafter set forth. In § 73.55 (34 F.R. 4843) R-5505 Lake In § 71.181 (34 F.R. 4637), the Kinston, Erie, Ohio, is amended by deleting N.C., transition area is amended to read: [Airspace Docket No. 69-SO-55] “Designated altitudes. Surface to 2,600 feet MSL.” and substituting “Designated K insto n , N.C. PART 71— DESIGNATION OF FEDERAL altitudes. Surface to 6,000 feet MSL.” That airspace extending upward from 700 AIRWAYS, CONTROLLED AIRSPACE, therefor. feet above the surface within an 8.5-mile AND REPORTING POINTS (Sec. 307(a), Federal Aviation Act of 1958 radius of Stallings Field (lat. 35° 19'40" N (49 U.S.C. 1348); sec. 6(c), Department of long. 77°36'55" W.). Designation of Transition Area Transportation Act (49 U.S.C. 1655 (c))) In § 71.171 (34 F.R. 4557), the Kinston, On July 9, 1969, a notice, of proposed Issued in Washington, D.C., on Au­ N.C., control zone is amended as follows: rule making was. published in the F ed­ gust 4, 1969. “* * * (latitude 35°19'40" N., longitude eral R egister (34 F.R. 11380), stating H. B. H elstrom, 77°37'05" W.) * * *” is deleted and that the Federal Aviation Administra­ Chief, Airspace and Air ** * * (lat. 35°19'40"N., long. 77°36'55" tion was considering an amendment to Traffic Rules Division. W. * * *” is substituted therefor. * * * Part 71 of the Federal Aviation Regula­ [F.R. Doc. 69-9955; Filed, Aug. 19, 1969; tions that would designate the Indian- 8:51 a.m.] (Sec. 307(a), Federal Aviation Act of 1958, ola, Miss., transition area. 49 US.C. 1348(a), sec. 6(c), Department of Interested persons were afforded an [Airspace Docket No. 69-EA-52] Transportation Act, 49 U.S.C. 1665(c)) opportunity to participate in the rule Issued in East Point, Ga., on Au­ making through the submission of com­ PART 75— ESTABLISHMENT OF JET gust 12, 1969. ments. All comments received were ROUTES favorable. G ordon A. Williams, Jr., Alteration of Jet Route Segments Acting Director, Southern Region. Subsequent to publication of the no­ tice, the geographic coordinate (lat. On June 20, 1969, a notice of proposed [F.R. Doc. 69-9863; Filed, Aug. 19, 1969; 33°29'55" N., long. 90°45'45" W.) for rule making was published in the F ed­ 8:49 a.m.] Indianola-Legion Meld was obtained eral R egister (34 F.R. 9683) stating

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 RULES AND REGULATIONS 13413 that the Federal Aviation Administra­ authority delegated to the Commissioner of Food and Drugs (21 CFR 2.120), the tion was considering amendments to Title 19— CUSTOMS DUTIES following new section is added to Part 3: Part 75 of the Federal Aviation Regu­ Chapter I— Bureau of Customs, lations that would realign Jet Route No. § 3.517 New animal drugs; transitional 43 segment between Rosewood, Ohio, and Department of the Treasury provisions re section 512 of the act. Carleton, Mich.; and renumber the seg­ [T.D. 69-190] (a) Section 512 of the Federal Food, ment of Jet Route No. 590 between Sault PART 16— LIQUIDATION OF DUTIES Drug, and Cosmetic Act was enacted on Ste. Marie, Mich., and Carleton, Mich. June 13, 1968, to become effective Au­ Interested persons were afforded an Countervailing Duties; Sugar Content gust 1, 1969, by the Animal Drug Amend­ opportunity to participate in the pro­ of Certain Articles From Australia ments of 1968 (Public Law 90-399). posed rule making through the submis­ (b) The provisions of the Animal Drug sion of comments. All comments received The Treasury Department is in re­ Amendments of 1968 require extensive were favorable. ceipt of official information that the revisions to existing regulations. In consideration of the foregoing, Part rates of bounties or grants paid or be­ (c) Such regulations will be published 75 of the Federal Aviation Regulations stowed by the Australian Government at an early date in the F ederal R egister. is amended effective 0901 G.m.t., Octo­ within the meaning of section 303, Tar­ An opportunity for comment by inter­ ber 16, 1969, as hereinafter set forth. iff Act of 1930 (19 U.S.C. 1303), on the ested parties will be provided. Section 75.100 (34 F.R. 4856, 5431) is exportation during , the month of July (d) Pending promulgation of the amended as follows,: 1969, of approved fruit products and necessary regulations under section 512 a. In the caption Jet Route No. 43 other approved products containing of the act, the currently used Form FD “Salem, Mich.” is deleted and “to Sault sugar amounts to Australian $82.60 per 356-Rev. 1965, Form 5, and Form FD 1800 Ste. Marie, Mich.” is substituted there­ 2,240 pounds of sugar content. will be acceptable as a basis for ap­ for, and in the text “to Salem, Mich.” The net amount of bounties or grants proval of applications of new animal is deleted and “Carleton, Mich., to Sault on the above-described commodities drugs and feeds containing new animal Ste. Marie, Mich.” is substituted which are manufactured or produced in drugs under the provisions of section 512 therefor. Australia is hereby ascertained, deter­ provided that such applications include: b. In the caption Jet Route No. 590 mined, and declared to be Australian (1) A practicable method of analysis “to Carleton, Mich.” is deleted and “to $82.60 per 2,240 pounds of sugar content. for determining the quantity, if any, of Sault Ste. Marie, Mich.” is substituted Additional duties on the above-described any substance in or on food resulting therefor, and in the text “Sault Ste. commodities, except those commodities from the use of a new animal drug. Marie, Mich.; to Carleton, Mich.” is de­ covered by T.D. 55716 (27 F.R. 9595), (2) The conditions and indications leted and “to Sault Ste. Marie, Mich.” whether imported directly or indirectly for use of the new animal drug, includ­ is substituted therefor. from that country equal to the net ing any proposed tolerance or withdraw­ (Sec. 307(a), Federal Aviation Act of 1958, amount of the bounty shown above shall al period or other use restrictions for 49 U.S.C. 1348, sec. 6(c), Department of be assessed and collected. such drug required in order to assure Transportation Act, 49 U.S.C. 1655(c)) The table in § 16.24(f) under “Aus­ that the proposed use of the drug will tralia—Sugar content of certain articles” be safe, and if the new animal drug is Issued in Washington, D.C., on Au­ is amended (1) by deleting therefrom the gust 14, 1969. intended for use in animal feed, appro­ reference to T.D. 69-115 and (2) by add­ priate purposes and conditions of use H. B. Helstrom, ing a reference to this Treasury Decision. (including special labeling requirements Chief, Airspace and Air As amended, the last three lines of the applicable to any animal feed in which Traffic Rules Division. table under this commodity will read: the drug is to be approved). [F.R. Doc. 69-9829; Filed, Aug. 19, 1969; (3) Applications submitted in the 8:47 a.m.] Country Commodity Treasury Action Form FD 1800 shall in lieu of the in­ decision formation required by section I include a reference to the regulation in Subpart C 69-138______New rate. 69-168______Do. of Part 121 of this chapter upon which Title 18— CONSERVATION OF 69-190...... Do. the application relies as a basis for ap­ proval of the application with respect to POWER AND WATER RESOURCES (R.S. 251, secs. 303, 624, 46 Stat. 687, 759; 19 the use of a new animal drug in feed U.S.C. 66,1303, 1624) and the name and address of the sup­ Chapter I— Federal Power plier of the new animal drug. Commission [seal] Edwin F. R ains, (e) A new animal drug intended for Acting Commissioner of Customs. use in the manufacture of animal feed [Docket No. R-297; Order 387] Approved: August 6,1969. shall be deemed to be unsafe unless at PART 2— GENERAL POLICY AND the time of its removal from the estab­ Eugene T. R ossides, INTERPRETATIONS lishment of a manufacturer, packer, or Assistant Secretary of the distributor of such drug, such manu­ PART 14— REPORTING NET INVEST­ Treasury. facturer, packer, or distributor has an MENT IN LICENSED PROJECTS TO [F.R. Doc. 69-9842; Filed, Aug. 19, 1960; unrevoked written statement from the THE COMMISSION 8:47 a.m.] consignee of such drug or a notice from the Food and Drug Administration to Hydroelectric Project Licenses; Calcu­ the effect that with respect to the use of lation of “Net Investment”; State­ such drug in animal feed, the consignee: ment of Policy; Correction Title 21— FOOD AND DRUGS (1) Is the holder of an approved Form FD 1800; or August 7, 1969. Chapter I—-Food and Drug Adminis­ (2) Will, if the consignee is not a user In the Statement of Policy issued Au­ tration, Department of Health, Edu­ of the drug, ship such drug only to a gust 4, 1969, and published in the F ed­ cation, and Welfare holder of an approved Form FD 1800. eral R egister August 12, 1969 (34 F.R. SUBCHAPTER A— GENERAL An unrevoked written notice that a new- 13024): Change ordering paragraph (A) drug application, supplemental new-drug to read as follows: PART 3— STATEMENTS OF GENERAL application, antibiotic Form 10, or Form (A) Subject to paragraph (F) below, POLICY OR INTERPRETATION FD 1800 has been approved for such use the proceeding in docket No. R-297 will of the drug in animal feed meets this be terminated. New Animal Drugs requirement. K enneth F. P lumb, Pursuant to the provisions of the Fed­ (f) The requirements of section 512 Acting Secretary. eral Food, Drug, and Cosmetic Act (secs. of the act shall apply with regard to [FJt. Doc. 69-9800; Filed, Aug. 19, 1969; 512, 701(a), 52 Stat. 1055, 82 Stat. 343- approval, refusal to approve, and revo­ 8:45 a.m.] 5 1; 21 U.S.C. 360b, 371(a)) and under cation of applications with respect to

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13414 RULES AND REGULATIONS

new animal drugs and feeds containing obtained by approximately 0.03 milli­ new animal drugs. All prior approvals of gram solids per milliliter). The ultra­ Title 39— POSTAL SERVICE new-drug applications, supplemental violet absorption < spectrum of this new-drug applications, master flies, solution exhibits the following character­ Chapter I— Post Office Department Form FD 1800, and antibiotic Forms 5, istics: An absorption peak at 253 milli­ PART 171— MONEY ORDERS 6, and 10, and food additive regulations microns; no absorption peak at 325 to for such drugs and feeds containing such 330 millimicrons; the absorbance at 268 Money Order Fees at Overseas Armed drugs shall remain in effect until with­ millimicrons does not exceed the absorb­ Forces Post Offices drawn or suspended under provisions of ance at 272 millimicrons, section 512 of the act. (ii) The boron content of the food ad­ At many overseas points military per­ (g) The regulations included in Sub­ditive does not exceed 310 parts per mil­ sonnel do not have convenient access to parts C and D of Fart 121 of this chapter lion (0.0310 percent), calculated as commercial arrangement for transfer of remain in effect until they have been in­ boron. dollar funds to points within the United States or to other U.S. military personnel corporated as regulations under section (2) The additive is manufactured from 512 (i) of the act or have been amended serving overseas. As a consequence the ' hops by a sequence of extractions and primary means for making such trans­ or revoked as provided in paragraph (f) fractionations, using benzene, light pe­ of this section. fers is the postal money order system. troleum spirits, and methyl alcohol as The Department has determined that a (Secs. 512, 701(a), 52 Stat. 1055, 82 Stat. solvents, followed by isomerization by reduction in the fee for Issuing domestic 343-51; 21 T7.S.C. 360b, 371(a) ) potassium carbonate treatment. Residues money orders at Armed Forces Post Offi­ Dated: August 13,1969. of solvents in the modified hop extract ces located outside the 50 States, Puerto shall not exceed 1.0 part per million of Rico and Guam would serve the public Herbert L. Ley, Jr., benezene, 1.0 part per million of light Commissioner of Food and Drugs. interest. petroleum spirits, and 250 parts per mil­ Accordingly, in recognition of the spe­ [F.R. Doc. 69-9809; Filed, Aug. 19, 1969; lion of methyl alcohol. The light petro­ cial circumstances of overseas military 8:45 a.m.] leum spirits and benzene solvents shall personnel and to better serve such per­ comply with the specifications in sonnel, the fee for issuance of domestic § 121.1203 except that the boiling point SUBCHAPTER B— FOOD AND FOOD PRODUCTS money orders at these offices (other than range for light petroleum spirits is 150° those located in combat areas) is being PART 121— FOOD ADDITIVES F. —300° F. established at 15 cents each, regardless (3) The additive is manufactured from of the amount. Moreover, since a simpli­ Subpart D— Food Additives Permitted hops by a sequence of extractions and fication of accounting of postal units in Food for Human Consumption fractionations, using methylene chloride, operating in combat areas is desirable, hexane, and methyl alcohol as solvents, M odified H op Extract the Department has determined to issue followed by isomerization by sodium domestic money orders without fee at The Commissioner of Food and Drugs, hydroxide treatment. Residues of the armed forces post offices in combat areas. having evaluated data in petitions filed solvents in the modified hop extract shall Vietnam and contiguous waters are by Bush Boake Allen Ltd., Warf Road, not exceed 5 parts per million of meth­ presently designated as a combat area.. London Nl, England (FAP 8A2304) and ylene chloride, 25 parts per million of Notice of proposed rule making and by Hops Extract Corp. of America, Post hexane, and 10 parts per million of full 30 days advance notice of the Office Box 341, Yakima, Wash. 98901 methyl alcohol. changes with respect to these fees is un­ (FAP 9A2346), and other relevant ma­ Any person who will be adversely necessary since the changes involve a terial, concludes that the food additive affected by the foregoing order may at proprietary function and would be con­ regulations should be amended to pro­ any time within 30 days from the date of trary to the public interest since the inci­ vide for the safe use of two additional its publication in the F ederal R egister dent delay would postpone the institution modified hop extracts as set forth below file with the Hearing Clerk, Department of the benefit being afforded the military in § 121.1082(b) (2) and (3). Therefore, of Health, Education, and Welfare, Room personnel in question. pursuant to the provisions of the Federal 5440, 330 Independence Avenue SW„ Food, Drug, and Cosmetic Act (sec. Therefore, § 171.1(b) (2) is amended, Washington, D.C. 20201, written objec­ effective September 15, 1969, to read as 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 tions thereto, pref erably in quintuplicate. (c)(1)) find under authority delegated Objections shall show wherein the person follows: to the Commissioner (21 CFR 2.120), filing will be adversely affected by the § 171.1 Issuance of domestic money § 121.1082 is revised to read as follows: order and specify with particularity the orders. § 121.1082 Modified hop extract. provisions of the order deemed objec­ ***** tionable and the grounds for the objec­ (b) Amounts, fees, payments. * * * The food additive modified hop extract tions. If a hearing is requested, the objec­ may be safely used in beer in accordance tions must state the issues for the hear­ (2) Money order fees, (i) No fee is with the following prescribed conditions: ing. A hearing will be granted if the ob­ charged for a postal money order issued (a) The food additive is used or in­ jections are supported by grounds legally to military personnel and/or their de­ tended for use as a flavoring agent in sufficient to justify the relief sought. pendents by a U.S. Armed Forces Postal the brewing of beer. Objections may be accompanied by a Clerk at a Military Post Office (APO or (b) The food additive is manufactured memorandum or brief in support thereof. NPO) located in Vietnam, or on board a by one of the following processes: ship in contiguous waters, as defined by (1) The additive is manufactured from Effective date. This order shall become regulations of the Department of De­ a hexane extract of hops by simultaneous effective on the date of its publication in fense. Postal Money Orders issued to isomerization and selective reduction in the F ederal R egister. others shall be charged at the fees indi­ cated below in subdivision (Hi) of this an alkaline aqueous medium with sodium (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 borohydiide, whereby the additive meets (c)(1 )) subparagraph. the following specifications: (ii) The fee for a postal money order (i) A solution of the food additive Dated: August 13, 1969. issued to military personnel and/or their solids is made up in approximately 0.012 dependents by an Armed Forces Postal n alkaline methyl alcohol (6 milliliters J. K. K irk, Clerk on board any other ship or at any of 1 n sodium hydroxide diluted to 500 Associate Commissioner other Military Post Office (APO or milliliters with methyl alcohol) to show for Compliance. NPO) located outside the 50 States, an absorbance at 253 millimicrons of 0.6 [F.R. Doc. 69-9808; Filed, Aug. 19, 1969; Puerto Rico, and Guam is 15 cents, re­ to 0.9 per centimeter. (This absorbance is , 8:45 am.] gardless of the amount of the money

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 RULES AND REGULATIONS 13415

operation of the highway described posed rule making requesting comments order. Postal money orders issued to on a proposal to relocate the boundary others shall be charged at the fees indi­ nhnvp cated below in subdivision (ill) of this W alter J. H ickel, between the central and mountain time Secretary of the Interior. zones in western Kansas. subparagraph. The proposal was based on communi­ (ill) Pees for domestic money orders August 13,1969. cations from local government officials, issued at other post offices including [F.R. Doc. 69-9815; Filed, Aug. 19, 1969; businessmen, citizens, and travelers those with branches or stations on mili­ 8:46 a.m.] which showed a disparity in the pattern tary installations and international of time observance in western Kansas. As money orders issued at any post office a result of these communications the are as follows: Title 49— TRANSPORTATION Department held public meetings on May 22,1969, in Scott City, Kans., and on Amount of fee Subtitle A— Office of the Secretary of May 23, 1969, in Colby, Kans. The in­ Domestic International Transportation formation received from the communica­ [OST Docket No. 8; Amdt. 71-5] tions and those meetings formed the $0.01 to $10...... $0.25 $0.45 basis for the Department’s proposal to $10.01 to $50...... 35 . 65 $50.01 to $100...... 40 .76 PART 71— STANDARD TIME ZONE relocate the line to include only Sherman; BOUNDARIES Wallace, Greeley, and Hamilton Counties • • * * ♦ in the mountain time zone. The proposed Relocation of Mountain-Central Note: The corresponding Postal Manual relocation would have placed the re­ section is 171.122. Standard Time Zone Boundary in maining 22 counties or parts of counties State of Kansas currently in the Kansas portion of the (5 Ü.S.C. 301, 39 U.S.C. 501, 507, 705(d), 712) mountain time zone in the central time D avid A. N elson, The purpose of this amendment to Part zone. General Counsel. 71 of Title 49 of the Code of Federal Public comments were received on the [F.R. Doc. 69-9841; Filed, Aug. 19, 1969; Regulations is to change the existing proposal during the period from June 11, 8:47 a.m.] boundary line, between the mountain 1969 to July 28,1969. A total of 6,139 com­ time zone and the central time zone as ments were received from persons in the it applies to the State of Kansas. On June 11, 1969, the Department of area concerned. The comments are sum­ Title 43— PUBLIC LANDS: Transportation published in the F ederal marized on a county - by - county basis in R egister (34 F.R. 9213), a notice of pro­ the following tables: INTERIOR Counties F rom Which, the Comments F avor Mountain T ime Zone

Chapter II— Bureau of Land Man­ Ratio of Time zone favored by officials of- agement, Department of the Interior Percent of comments County population favoring Principal Other commenting mountain County Schools community communities APPENDIX— PUBLIC LAND ORDERS time [Public Land Order 4676] [Anchorage 4733] Greeley... 15.1 1.8 to 1...... Mountain...... Mountain...... Hamilton. 7.4 24 to 1______Mountain...... Mountain_____ Mountain. Kearny... 19.3 2.6 to 1______Mountain_____ Mountain_____ Mountain_____ Central. ALASKA Sherman.. 4.5 2.3 to 1...... (Comments ...... divided.) Modification of Public Land Order Wallace. 4.0 2.7 to 1...... Mountain_____ Mountain...... No. 4582 C ounties F rom Which T he Comments F avor Central T ime Zone In order to permit the construction of a public facility in the public interest, Ratio of and in reliance upon the representation Percent of comments Time zone favored by officials of— County population favoring of the State of Alaska that it shall do all commenting central County Schools Principal Other things necessary and appropriate in con­ time oommunity communities nection with such construction to pre­ serve and protect the environment and Cheyenne.. 15.7 1.3 to 1- (Comments natural resources, Now, Therefore, divided). Decatur___ 3.0 25 to 1 - Central...... IJy virtue of the authority vested in the Ellis...... President by section 1 of the Act of Finney___ 8.2 'iT to T . Central...... Central...... Central. June 25, 1910 (36 Stat. 847 as amended; Ford...... Gove ___ 4.2 39 to V - ...... Central...... Central. 43 U.S.C. 141), and pursuant to Execu­ Graham___ tive Order Nò. 10355 of May 26, 1952 (17 Gray...... Central...... Central...... Central. Hodgeman. F.R. 4831), it is ordered as follows: Lane...... 0.8 4 to 1 - Public Land Order No. 4582 of Janu­ Logan.___ 7.5 14 to 1. Central. Central. ary 17, 1969 (34 F.R. 1025), withdrawing Ness...... 6.6 23 to 1. Central- Norton___ Central. all unreserved public lands in Alaska for Phillips.— . the determination and protection of the Rawlins__ 7.4 8 .4 t o l______Central...... C entral...... Central- Central. Rooks...... 0) rights of the native Aleuts, Eskimos, and Scott...... 4.8 4.3 to 1. Central. Central. Indians of Alaska, is hereby modified to Sheridan... 1.5 30 to 1 - Central. Central the extent necessary to permit: Thomas___ 5.7 7.8 to 1. Central. Central. C en trai. Central. Trego____ (>) 1. The location of a right-of-way un­ Wichita___ 1.0 16 to 1...... Central. Central. Central. der section 2477 U.S. Revised Statutes (43 U.S.C. 932), by the State of Alaska over i Comments received from less than 0.1 percent of population. public lands for construction of approxi­ though located entirely or partly in the mately 53 miles of State highway from As shown in the second table the re­ Livengood, Alaska, northwesterly to the sponses from Norton, Graham, Trego, mountain time zone, have been observing Yukon River; and Phillips, Rooks. Ellis, Hodgeman, Ford, central time for many years. In fact, of­ 2. The issuance of such other permits and Gray Counties were minimal. How­ ficials of many of these counties, espe­ as may be required in connection with ever, investigation by the Department cially the ones split between the moun­ the construction, maintenance, and has indicated that these counties, al­ tain and central zones (Phillips, Ford,

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13416 RULES AND REGULATIONS

Rooks, Ellis, Hodgeman, and Gray) were along the north line of Wichita County §32.22 Special regulations; upland apparently unaware that a part of their to the east line of Greeley County; thence game; for individual refuge areas. county was included within the mountain southerly along the east line of Greeley Arkansas time zone. For these reasons and because County to the north line of Hamilton of near unanimous agreement with the County; thence easterly along the north WAPANOCCA NATIONAL W ILDLIFE REFUGE proposal as it affected them, the minimal line of Hamilton and Kearny Counties to Squirrels, bobcats, rabbits, and rac­ response from those counties was not the east line of Kearny County; thence coons may be hunted in accordance with surprising or unreasonable. southerly along the east line of Kearny the following special conditions: Due to a lack of any definite indica­ County to the south line of Kearny tion, before the notice was issued, as to County; thence westerly along the south (1) Squirrels, bobcats, and rabbits the preferences in Kearny County, the line of. Keamy and Hamilton Counties may be hunted October 1 through Octo­ proposal, as set forth in the notice, would to the Kansas-Colorado boundary; ber 19,1969. have placed that county in the central thence southerly along the Kansas- (2) Raccoons may be hunted February time zone. However, as can be seen from Colorado boundary to the intersection^ 1 through February 28, 1970. the first table above, the response from of that boundary with the north bound­ (3) Dogs are permitted during the that county was the highest received raccoon hunts and are prohibited during ary of the State of Oklahoma. the other hunts. from any of the counties affected by the * * * * * proposal (19.37 percent of the total popu­ (4) Raccoon hunting permitted only lation of Kearny County). Of those com­ (g) Points on "boundary line. All mu­ from sunset until midnight. ments, a clear preference (2.6 to 1) fa­ nicipalities located upon the above-de­ (5) Cutting or burning of trees, fires, vored mountain time. It was stated in the scribed zone boundary line are in the camping, and littering are prohibited. notice that the proposed relocation of the U.S. standard mountain time zone with (6) Shotguns and .22 caliber rifles are time zone boundary might “be changed the exception of Murdo, S. Dak., which permitted. is in the U.S. standard central time zone. in light of the comments received”. Since BIG LAKE NATIONAL WILDLIFE REFUGE the comments from that county so clearly This amendment does not concern favor mountain time, it is evident that adherence to or exemption from ad­ Squirrels and raccoons may be hunted Kearny County should be in the moun­ vanced (daylight saving) time. The Uni­ during the prescribed State seasons and tain time zone. in accordance with the following special form Time Act of 1966 requires observ­ conditions. A preponderance of the comments ance of advanced time within each (1) Him ting of raccoons is permitted from each of the other counties from established time zone from the last Sun­ only from sunset to midnight. which more than a minimal response was day in April to the last Sunday in Octo­ (2) Dogs are permitted during the received clearly favored the proposed re­ ber,' but permits any State to exempt raccoon hunt but are prohibited during location as it would affect that county. itself, by law, from observing advanced the squirrel hunt. A large number of comments received time within that State. The Department (3) Fires and cutting of trees are not stated a belief that all of Kansas should has no administrative authority with permitted. be in one time zone. While such a result respect to this requirement. (4) Shotguns only may be used to hunt might be more symmetrical, most of (Act of Mar. 19,1918, as amended by Uniform squirrels. Shotguns or rifles not larger those comments came from counties ex­ Time Act of 1966 (15 U.S.O. 260-267); sec. than .22 caliber may be used to hunt pressing a preference for the central 6(e)(5), Department of Transportation Act (49U.S.C.1655(e)(5))) raccoons. time zone and were based on personal (5) Persons are prohibited from pos­ considerations rather than any compel­ Issued in Washington, D.C., on Au­ sessing while on the refuge, either on ling economic or governmental reasons. gust 13,1969. Thus, the Department does not believe their person or in their vehicles, game those comments should override the J ohn A. Volpe, for which there is not an open season clearly expressed preference for moun­ Secretary of Transportation. on the refuge. tain time in the other five counties. [F.R. Doc. 69-9828; Filed, Aug. 19, 1969; The provisions of these special regula­ 8:47 a.m.] tions supplement the regulations which In consideration of the foregoing, the govern hunting on wildlife refuges gen­ boundary line between the mountain and erally which are set forth in Title 50, ceritral time zones in the State of Kansas Code of Federal Regulations, Part 32 and is being changed so as to place the entire are effective to June 30, 1970. State in the central zone, except for Title 50— WILDLIFE AND Sherman, Wallace, Greeley, Hamilton, W. L. T owns, and Kearny Counties. Accordingly, ef­ FISHERIES Acting Regional Director, Bu­ fective at 2 a.m. on October 26, 1969, reau of Sport Fisheries and Chapter I— Bureau of Sport Fisheries Wildlife. § 71.6 (d) and (g) of Title 49, Code of and Wildlife, Fish and Wildlife Federal Regulations, is amended to read August 11, 1969. as follows: Service, Department of the Interior [F.R. Doc. 69-9836; Filed, Aug. 19, 1969; § 71.6 Boundary line between central PART 32— HUNTING 8:47 a.m.] and mountain zones. * * * * * Wapanocca National Wildlife Refuge and Big Lake National Wildlife PART 32— HUNTING (d) Kansas. From the intersection of Refuge, Ark. the west line of Hitchcock County, Nebr., Long Lake National Wildlife Refuge, with the boundary line between Nebraska The following regulations are issued N. Dak. and Kansas westerly along that bound­ and are effective on date of publication The following special regulation is is­ ary to the northwest comer of the State in the F ederal R egister. These regula­ sued and is effective on date of publica­ of Kansas; thence southerly along the tions apply to public hunting on the tion in the F ederal R egister. western boundary of the State of Kansas Wapanocca and Big Lake National to the north line of Sherman County, Wildlife Refuges, Ark. § 32.32 Special regulations; big game; Kans.; thence easterly along the north General conditions. Hunting shall be for individual wildlife refuge areas. line of Sherman County to the east line in accordance with applicable State N orth D akota of Sherman County; thence southerly regulations. Portions of the refuges along the east line of Sherman County which are open to hunting are designated LONG LAKE NATIONAL WILDLIFE REFUGE to the north line of Logan County; thence by signs and/or delineated on maps. Public hunting of deer on the Long westerly along the north line of Logan Maps are available at refuge head­ Lake National Wildlife Refuge, N. Dak., County to the east line of Wallace quarters and from the Regional Director, is permitted only on the area designated County; thence southerly along the east Bureau of Sport Fisheries and Wildlife, by signs as open to hunting. This open line of Wallace County to the north Unc Peachtree-Seventh Building, Atlanta, area, comprising 21,000 acres, is delin­ of Wichita County; thence westerly Ga. 30323. eated on a map available at the refuge

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 RULES AND REGULATIONS 13417 headquarters and from the Regional Di­ PART 32— HUNTING Successful applicants will be notified of rector, Bureau of Sport Fisheries and the date or dates to hunt. Wildlife, Federal Building, Fort Snelling, Tennessee National Wildlife Refuge, (12) Group applications of no more Twin Cities, Minn. 55111. Hunting shall Tenn. than two per group will be accepted. be in accordance with all applicable The following special regulation is is­ The provisions of this special regula­ State regulations covering the hunting sued and is effective on date of publica­ tion supplement the regulations which of deer subject to the following condi­ govern hunting on wildlife refuge areas tion in the F ederal R egister. tions: generally which are set forth in Title 50, (1) Hunting is permitted from 12 noon § 32.32 Special regulations; big game; Code of Federal Regulations, Part 32, and to sunset November 7, 1969, and from for individual wildlife refuge areas. are effective through January 1, 1970. sunrise to sunset November 8, 1969, T ennessee through November 16,1969. . W. L. Tow ns, TENNESSEE NATIONAL WILDLIFE REFUGE Acting Regional Director, Bu­ (2) All hunters must exhibit their reau of Sport Fisheries and hunting license, deer tag, game, and ve­ Public hunting of deer on the Tennes­ Wildlife. hicle contents to Federal and State offi­ see National Wildlife Refuge, Tenn., is cers upon request. permitted only on the areas designated August 11,1969. The provisions of this special regula­ by signs as open to hunting. These open [F.R. Doc. 69-9837; Filed, Aug. 19, 1969; tion supplement the regulations which areas, comprising 1,700 acres for bow 8:47 a.m.] govern huntiifg on wildlife refuge areas hunting only, and 3,300 acres gun and generally which are set forth in Title bow hunting are delineated on a map 50, Code of Federal Regulations, Part 32, available at the refuge' headquarters PART 32— HUNTING and are effective throughJNovember 16, and from the Regional Director, Bureau 1969. of Sport Fisheries and Wildlife, Peach­ Aransas National Wildlife Refuge, Marvin Mansfield, tree-Seventh Building, Atlanta, Ga. Texas Refuge Manager, Long Lake 30323. Hunting shall be in accordance The following special regulation is National Wildlife Refuge, with all applicable State regulations issued and is effective on date of publica­ Moffit, N. Dak. governing the hunting of deer subject tion in the F ederal R egister. August 13, 1969. to the following special conditions: (1) The open season for archery hunt­ § 32.32 Special regulations; big game; [F.R. Doc. 69-9817; Filed, Aug. 19, 1969; for individual wildlife refuge areas. 8:46 a.m.] ing of deer on the Refuge extends from October 4, through October 12, 1969. Texas (2) The open season for gun hunting PART 32— HUNTING of deer on the refuge extends from De­ ARANSAS NATIONAL W ILDLIFE REFUGE Slade National Wildlife Refuge, cember 26, through December 29, 1969. Public hunting of deer on the Aransas N. Dak. (3) The bag limit is one deer of either National Wildlife Refuge, Tex., with rifle sex per hunter. or shotgun is permitted from Septem­ The following special regulation- is is­ (4) The use of dogs is not permitted. ber 1 through September 19, 1969, in­ sued and is effective on date of publica­ (5) Camping on the area is not per­ clusive, and with bow and arrow, from tion in the F ederal R egister. mitted. September 22 through October 5, 1969, § 32.32 Special regulations; big game; (6) Bobcats, gray foxes, woodchucks, inclusive. Feral hogs may be taken with for individual wildlife refuge areas. and crows may be taken. bow and arrow from September 22 N orth D akota (7) Driving of deer is prohibited. through October 5, 1969, inclusive. These animals may be taken only on the area SLADE NATIONAL W ILDLIFE REFUGE (8) Hunters may enter public hunt­ ing area at sunrise and must be out of designated by signs as open to hunting. Public hunting of deer on the Slade area by 1 hour after sunset. This open area, comprising 35,000 acres, National Wildlife Refuge, N. Dak., is per­ (9) Bow hunters desiring to hunt is delineated on maps available at refuge mitted only on the area designated by Britton Ford Peninsula opening day will headquarters, Austwell, Tex., and from signs as open to hunting. This open area, be required to possess a Federal permit. the Regional Director, Bureau of Sport comprising 2,840 acres, is delineated on Permits will be issued to the first 300 Fisheries and Wildlife, Post Office Box a map available at the refuge headquar­ written requests marked “Archery Deer 1306, Albuquerque, N. Mex. 87103. Hunt­ ters and from the Regional Director, Bu­ Hunt” and submitted to the refuge office, ing shall be in accordance with appli­ reau of Sport Fisheries and Wildlife,' Bureau of Sport Fisheries and Wildlife, cable State regulations covering the Federal Building, Fort Snelling, Twin Box 849, Paris, Tenn. 38242, and received hunting of deer subject to the following Cities, Minn. 55111. Hunting shall be in postmarked on or after September 1, special conditions: accordance with all applicable State 1969. Permits will be free and trans­ (1) All hunters must check in and out regulations covering the hunting of deer ferable. Only one permit will be fur­ at refuge headquarters. Ingress and subject to the following conditions: egress for hunting purposes is permitted (1) Hunting is permitted from 12 noon nished each of the first 300 requests. No permit is required to bow hunt the other only through the refuge entrance gate to sunset November 7, 1969, and from at the end of Texas Farm Road 2040. sunrise to sunset November 8, 1969, archery areas and no permit is required through November 16, 1969. on any area open for bow hunting after (2) All participants in the gun hunt (2) All hunters must exhibit their opening day, during the archery hunt. must possess a special permit in addition hunting license, deer tag, game and ve­ (10) Hunters must check in and out to the valid 1969 State deer hunting hicle contents to Federal and State offi­ of the designated checking station. license. This permit shall be obtained cers upon request. (11) Hunters desiring to hunt deer in through an impartial drawing conducted the area open to gun hunting will re­ by the Bureau of Sport Fisheries and The provisions of this special regula­ Wildlife in Austin, Tex., on August 20, tion supplement the regulations which quire a Federal permit. Applications will be submitted in writing to the refuge of­ 1969. Applications must be received by govern hunting on wildlife refuge ar,eas August 15, 1969, to be eligible for the generally which are set forth in Title 50, fice, Bureau of Sport Fisheries and Wild­ drawing. Code of Federal Regulations, Part 32, life, Box 849, Paris, Tenn. 38242, during and are effective through November 16, the month of September 1969. Acceptable (3) Rifle and shotgun hunters may applications shall be marked “Gun Deer hunt only in the unit to which they are 1969. assigned for the day. Marvin Mansfield, Hunt”. A public drawing will be held on Refuge Manager, Slade National October 6, 1969, in the refuge office. Ap­ (4) Participants in the gun hunt may Wildlife Refuge, Dawson, N. plications will be drawn for 125 permits kill deer only. Bow and arrow hunters Dak. per day for each day of the hunt. Per­ may take deer and feral hogs. mits are free and nontransferable. There (5) Hunting is prohibited within 100 August 13, 1969. will be no permits issued after Octo­ yards of cattle watering troughs, wind­ [F.R. Doc. 69-9818; Filed, Aug. 19, 1960; ber 6,1969. All applicants will be notified mills, above-ground oil or gas production 8:46 a.m.] as to the results of their application. apparatus and occupied dwellings.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13418 RULES AND REGULATIONS

(6) No target practice or shooting of govern hunting on wildlife refuge areas other wildlife other than in (4) above generally which are set forth in Title 50, will be permitted inside the refuge. Code of Federal Regulations, Part 32, (7) All gun hunters must wear a blaze-orange vest issued at the check and are effective through October 5,1969. station while hunting inside the refuge. Gordon H. Hansen, (8) All vehicles must stay on shell­ Refuge Manager, Aransas Na­ surfaced roads or marked trails. tional Wildlife Refuge, Aust- (9) The entire refuge will be closed well, Texas. to hunting upon the arrival of any whooping cranes. August 11,1969. The provisions of this special regula­ [F.R. Doc. 69-9819; Filed, Aug. 19, 1969; tion supplement the regulations which 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13419

Proposed Rule Making

milk, milk drinks, buttermilk, whipping ing plant(s) pursuant to § 1036.11(a); DEPARTMENT OF AGRICULTURE cream, sweet cream, eggnog, concen­ (2) It is located inside the marketing trated, reconstituted or fortified milk, area and is not a pool plant under an­ Consumer and Marketing Service filled or imitation milk made from fresh other Federal order; [ 7 CFR Part 1036 1 fluid skim milk or nonfat dry milk, and (3) The handler files a written request any fluid mixture of cream and milk or with the market administrator for pool [Docket No. AO 179-A32] skim milk, including fluid, frozen or plant status for such plant; and MILK IN EASTERN OHIO-WESTERN semifrozen malted milk and milk shake (4) The plant(s) in combination with PENNSYLVANIA MARKETING AREA mixtures containing less than 15 percent the pool distributing plant(s) meet the total milk solids. The term “fluid milk provisions of § 1036.11(a). Notice of Hearing on Proposed products” includes those products in Proposed by Titusville Dairy Products Amendments to Tentative Market­ fluid, frozen (except bulk cream), forti­ Co.: ing Agreement and Order fied or reconstituted form, but does not Proposal No. 11. Amend § 1036.11, de­ include ice cream and frozen dessert fining “pool plant”, so as to realistically Pursuant to the provisions of the Agri­ mixes, pancake mix, yogurt, sour cream, provide, for reloading milk where appro­ cultural Marketing Agreement Act of frozen storage cream, evaporated or con­ priate for reasonable distribution and 1937, as amended (7 U.S.C. 601 et seq.), densed milk, and any sour mixture of § 1036.18 by deleting the second sentence and the applicable rules of practice and skim milk and butterfat in nonfluid form thereof. procedure governing the formulation of to which cheese or any food substance Proposal No. 12. Review §§ 1036.50 and marketing agreements and marketing other than a milk product has been 1036.51 setting forth formulas for mini­ orders (7 CFR Part 900), notice is hereby added. mum milk prices as to whether the pres­ given of a public hearing to be held at Proposal No. 3. Amend § 1036.11(b) by ent formula prices are realistically and the Port O’Call Motor Inn, 16161 Brook- adding the word “not” to the bracketed accurately determined under current park Road, Cleveland, Ohio 44142, begin­ phrase “(including that diverted from conditions affecting the marketing of ning at 10:00 am., local time, on Septem­ other plants)” and clarify the credit fluid milk and milk for other purposes in ber 9, 1969, with respect to proposed given on pool plant qualification for the Greater Pittsburgh area. amendments to the tentative marketing route sales to a plant under § 1036.11(b) agreement and to the order, regulating and any related provision of § 1036.11 (a). Proposed by Willow Crossing Dairy the handling of milk in the Eastern Ohio- Proposal No. 4. Amend § 1036.9 by Farm, Inc.: Western Pennsylvania marketing area. adding at the end of the present lan­ Proposal No. 13. Amend § 1036.14, the definition of producer-handler, by adding The public hearing is for the purpose guage the following: “in excess of 5,000 of receiving evidence with respect to pounds”. the following proviso: “Provided further, the economic and marketing conditions Proposal No. 5. Amend § 1036.13(c) That where a producer-handler is op­ which relate to the proposed amend­ by adding the words “to a pool plant erating under a cow lease agreement a ments, hereinafter set forth, and any or” before the phrase “to a nonpool provision that rental payments may be appropriate modifications thereof, to the plant”. based on the current production or a tentative marketing agreement and to Proposal No. 6. In § 1036.16 provide provision that the leasee shall determine the order. that producer milk shall be qualified on when an animal is unfit for milk produc­ The proposal relative to a redefinition the basis of the number of days of de­ tion shall not constitute a violation of the of the marketing area raises the issue livery rather than a percentage of definition that the operation of the proc­ whether the provisions of the present monthly production. essing and packaging business shall be at order would tend to effectuate the de­ Proposal No. 7. Review the minimum the personal enterprise and risk of such clared policy of the Act, if they are Class I price provisions, the alignment person.” applied to the marketing area as pro­ with other Federal order markets and Proposed by Borden, Inc.: posed to be redefined and, if not, what remove the termination date in Proposal No. 14. In § 1036.41, change modifications of the provisions of the § 1036.51(a). subdivision (i) of paragraph (b) (7) to order would be appropriate. Proposal No. 8. Amend § 1036.51 to read as follows: The proposed amendments, set forth provide that milk used for cottage cheese, below, have not received the approval cottage cheese curd, yogurt, and sour § 1036.41 Classes of utilization. of the Secretary of Agriculture. cream, will be priced at the present * * * * * Proposed by Akron Milk Producers, Class n price plus 20 cents and make (b) Class II milk. * * * Inc., Dairymen’s Cooperative Sales Asso­ conforming amendments to other order * * * ciation, Dairymen’s League Cooperative provisions. (i) Two percent of skim milk or Association, Milk Producers Federation Proposal No. 9. Provide for a 5-cent butterfat, respectively, physically re­ and Northwestern Cooperative Sales per hundredweight direct delivery dif­ ceived directly from producers’ farms Association: ferential to be paid by handlers on all and by diversions from other pool plants Proposal No. 1. Amend § 1036.6 to add milk received from producers and co­ (except that received from a handler to the “Eastern Ohio-Western Pennsyl­ operative associations at pool plants lo­ pursuant to § 1036.13(d)); vania Marketing area” all of the terri­ cated in Cuyahoga County, Ohio, and * * * * * tory in the following Ohio counties: Allegheny County, Pa. Stark, Lake, Medina, Wayne, Holmes, Proposed by Sealtest Foods, Division of Proposed by Reiter and Harter All and Ashland. In West Virginia, all of the Kraftco Corp.: Star Dairy: territory in the following counties: Wet­ Proposal No. 10. Amend § 1036.11 by Proposal No. 15. Amend § 1036.41(b) zel, Tyler, Doddridge, Lewis, Upshur, adding a new paragraph (c) as follows: (1) by changing the words "total milk Randolph, Tucker, Barbour, Taylor, and solids” to “total solids”. Preston. § 1036.11 Pool plant. Proposal No. 16. Amend § 1036.41(b) Proposal No. 2. Amend § 1036.7 to pro­ * * * * * (1) by adding to the products listed in vide for a new definition of “fluid milk (c) A supply plant (s) not otherwisethis subparagraph—“Instant Breakfast”. product” as follows: meeting the provisions of paragraph (b) Proposal No. 17. Amend § 1036.51(b) of this section shall be considered to (1) to provide for a credit for butterfat § 1036.7 Fluid milk product. have met such provision if: going to the churn. “Fluid milk product” means raw or (1) It is owned and operated by a han­ Proposed by Western Pennsylvania pasteurized milk, skim milk, flavored dler who also operates a pool distribut­ Small Dealers Association:

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 No. 159- 3 13420 PROPOSED RULE MAKING

Proposal No. 18. Amend the order so § 1036.30 Reports of receipts and utili­ (g) Divide the amount obtained in that in the computation of the net pool zation. paragraph (f) of this section by the obligation of each pool handler, there ♦ * * * * total hundredweight of base milk deter­ shall be excluded during each month the (a) * * * mined in paragraph (a) of this section # processed milk of such handler’s own (1) Producer milk (or, in the case of and subtract not less than four cents * farm production on the same ratio as to handlers pursuant to § 1036.13(b), milk nor more than five cents from the price Class I and Class II utilization as the received from qualified dairy farmers); thus computed. The resulting figure, total net pool obligation of such person including the total quantities of base rounded to the nearest cent, shall be the would have been calculated as including milk and excess milk; uniform price for base milk. such production. * * * * * Proposed by Milk Producers Federa­ 6. In § 1036.70(a), amend by substitut­ tion and Northwestern Cooperative Sales 4. In § 1036.31, amend by substituting ing the following language for the intro­ the following language for paragraph ductory text of subparagraph (1): Association: (a ): Proposal No. 19. In § 1036.60(e) insert § 1036.70 Time and method of payment. the words “but not less than the Class § 1036.31 Producer payroll reports. (a) * * * II price” after the opening phrase “Add (a) Each handler pursuant to §1036.13 the value at the Class I price adjusted (1) On or before the 18th day of each for location * * (a) , (c), and (d) shall report to the month to each producer for milk received market administrator in detail and on during the preceding month not less than Proposal No. 20. In § 1036.61, change forms prescribed by the market adminis­ paragraph (g) to read as follows: the applicable uniform prices per hun­ trator on or before the 25th day after dredweight pursuant to § 1036.61a, ad­ § 1036.61 Computation of uniform the end of the month his producer pay­ justed pursuant to §§ 1036.71, 1036.72, price. roll for such month which shall show and 1036.76, subject to the following: for each producer: * * * i|c * (g) Subtract not less than 5 cents nor (1) His identity; more than 6 cents per hundredweight. (2) The total pounds of milk received 7. Amend, § 1036.71 by substituting the * * * * * from such producer indicating the following language: Proposed by Dairymen’s Cooperative pounds of base milk and the pounds of § 1036.71 Butterfat differential to pro­ Sales Association; Dairymen’s League excess milk; ducers. Cooperative Association; and North­ . (3) . The days for which milk was re­ The uniform prices pursuant to western Cooperative Sales Association: ceived from such producer; §§ 1036.61 and 1036.61a shall be increased Proposal No. 21. Amend § 1036.61 and (4) The average butterfat content of or decreased for each one-tenth percent other appropriate provisions to provide such milk; and that the butterfat content of such milk for a seasonal incentive payment or (5) The net amount of such handler’s is above or below 3.5 percent, respec­ “Louisville” plan by subtracting for the payment, together with the prices paid tively, at the rate (rounded to the near­ months of March 10 cents per hundred­ and the amount and nature of any est one-tenth cent) determined by weight of producer milk, April—20 cents deductions. multiplying the pounds of butterfat in and May and June—30 cents, from the * * * * * producer milk allocated to each class producer-settlement fund and adding in 5. Amend by adding a new § 1036.61a pursuant to § 1036.45 by the respective the months of August—20 percent of the as follows: butterfat differentials for each class and total funds subtracted during the dividing the sum of the resulting months of March through June, Septem­ § 1036.61a Computation of uniform amounts by the total pounds of butter­ ber and October—30 percent, and for No­ price for base milk and excess milk. fat in producer milk. vember, the balance remaining of such The market administrator shall com­ 8. Amend § 1036.72(a) by substituting funds. pute uniform prices for base milk and the following language: Proposed by Maryland Cooperative excess milk each month as follows: Milk Producers, Inc: (a) Determine the aggregate amount § 1036.72 Location differentials to pro­ Proposal No. 22. 1. Add new sections of producer milk in each class included ducers and on nonpool milk. as follows: in the computation pursuant to § 1036.61 (a) The uniform price and the uni­ and the hundredweight of such milk that form price for base milk shall be ad­ § 1036.22 Base milk. is base milk and that is excess milk; justed as follows: “Base milk” means producer milk re­ (b) Determine the total value of ex­ * * * * * ceived during the month which is not in cess milk by assigning such milk in se­ ries, beginning with Class H, to the hun­ 9. Amend the order by the addition of excess of the producer’s base multiplied the following center heading after by the number of days of production dredweight of milk in each class as that such milk was received at pool determined pursuant to paragraph (a) § 1036.101 and the addition of new plants in such month. of this section, multiplying the quantities §§ 1036.110, 1036.111, and 1036.112 as so assigned by the respective class prices follows: § 1036.23 Excess milk. for milk containing 3.5 percent butter­ D etermination of B ase “Excess milk” means producer milk fat, and adding together the resulting received during the month which is in amounts; § 1036.110 Base. excess of the base milk received from (c) Divide the total value of excess The market administrator shall deter­ the producer during such month. milk computed pursuant to paragraph mine a base for each producer whose 2. In § 1036.27(j) amend by substitut­ (b) of this section by the total hundred­ milk in the immediately preceding ing the following language for subpara­ weight of such milk. The quotient, months of September through February graph (2) ; rounded to the nearest cent, shall be the was delivered to pool plants, includ­ uniform price for excess milk; ing milk diverted in accordance with § 1036.27 Duties. (d) Multiply the total hundredweight § 1036.16(b), on not less than 128 days * * * * * of excess milk by the uniform price for by dividing the total pounds of such pro­ (j) * * * excess milk computed pursuant to para­ ducer’s deliveries by the number of days (2) The 14th day of each month the graph (c) of this section; in the base making period (add one day uniform prices pursuant to §§ 1036.61 (e) Multiply the hundredweight of in the case of a producer on every- and 1036.61a and the producer butterfat milk specified in § 1036.61(e) (2) by the other-day delivery schedule who de­ differential computed pursuant to uniform price for the month; livered September 1) less the number of § 1036.71; all for the preceding month. (f) Subtract the total values arrived days, if any, during the immediately at in paragraphs (d) and (e) of this sec­ preceding base forming period of Sep­ 3. In § 1036.30(a) amend by substitut­ tion from the amount resulting from the tember through February for which it is ing the following language for subpara­ computations pursuant to paragraphs shown that the day’s production of milk graph (1): (a) through (e) in § 1036.61; and of such producer was not received by a

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 PROPOSED RULE MAKING 13421 pool handler: Provided, That in no event (b) Except for the bases assigned Proposed by the Dairy Division, Con­ shall the number of days used to com­ pursuant to § 1036.110 (b), (c), and (d), sumer and Marketing Service: pute a producer’s base be less than 151 a base may be transferred in its entirety Proposal No. 23. Make such changes as days (152 days for every-other-day de­ to another dairy farmer who is currently, may be necessary to make the entire livery schedule who delivered Septem­ or will become by the last day of the marketing agreement and the order con­ ber 1 or for any base forming period in month of transfer, a producer pursuant form with any amendments thereto that which February has 29 days). Such to § 1036.15 upon the death or the dis­ may result from this hearing. computation is subject to the following continuance of milk production or entry Copies of this notice of hearing and the order may be procured from the conditions: into military service by the base holder. (a) For the purpose of computing the A bona fide sale of the entire productive Market Administrator, W. W. Hurwitz, base of a producer pursuant to this sec­ herd shall be deemed as prima facia Post Office Box 29066, Cleveland, Ohio tion, the number of days included in his evidence of discontinuance of milk 44129, or from the Hearing Clerk, Room producer milk deliveries shall be the production. 112-A, Administration Building, U.S. number of days of production of pro­ (c) Base transfers shall be effective as Department of Agriculture, Washington, ducer milk represented in such producer of the end of the month during which an D.C. 20250 or may be there inspected. deliveries but not less than the 151 days application for such transfer is received Signed at Washington, D.C., on Au­ (152 days for every-other-day delivery by the market administrator, such appli­ gust 14,1969. schedule who delivered September 1 or cation to be on forms approved by the G. R. G range, for any base forming period in which market administrator and signed by the Acting Deputy Administrator, February has 29 days). baseholder, or his heirs, and by the per­ Regulatory Programs. son to whom such base is to be trans­ (b) Any producer who, during the [F.R. Doc. 69-9833; Filed, Aug. 19, 1969; preceding months of September through ferred: Provided, That if such a base 8:47 a.m.] February, delivered his milk to a non­ is held jointly, except as provided in a pool plant which became a pool plant further proviso of this paragraph, the after the beginning of such base earning entire base shall be transferable only [ 7 CFR Part 1124 1 period and who delivered for not less upon the receipt of such application than 128 days during the base forming signed by all joint holders or their heirs, [Docket No. AO 368] period shall be assigned a base in the and by the person to whom such base MILK IN OREGON-WASHINGTON same manner as if he had been a pro­ is to be transferred; And, provided fur­ MARKETING AREA ducer during such period, calculated ther, That if a base is held jointly and a from his deliveries during such Septem- copy of the partnership agreement set­ Notice of Extension of Time for Filing ber-February period to such plant; ting forth, as a percentage, the relative Exceptions to Recommended Deci­ (c) If no milk is received from a pro­ interests of the partners in the base is sion on Proposed Marketing Agree­ ducer at a pool plant in September filed with the market administrator be­ through February or if milk is received fore the. end of the base making period, ment and Order on less than 128 days during such then upon termination of the partnership' Pursuant to the provisions of the Ag­ months, the base of such producer shall agreement as stipulated therein, each ricultural Marketing Agreement Act of be 50 percent of his average daily de­ partner will be entitled to his stated 1937, as amended (7 U.S.C. 601 et seq.), liveries of producer milk for each month percentage of the base to hold in his own and the applicable rules of practice and until a base is computed for him on the right or to transfer as provided in para­ procedure governing the formulation of basis of deliveries on not less than 128 graphs (b) and (c) of this section. Such marketing agreements and marketing days in a subsequent September-Febru- termination of partnership shall become orders (7 CFR Part 900), notice is hereby ary period: Provided, That on the date effective as of the end of any month dur­ given that the time for filing exceptions such producer obtains such a base in a ing which an application for such division to the recommended decision with re­ subsequent base making period or signed by each member is received by spect to the proposed marketing agree­ obtains a base by transfer under the pro­ the market administrator. ment and order regulating the handling visions of § 1036.111, the provisions of (d) A producer who does not deliver of milk in the Oregon-Washington mar­ this paragraph are no longer applicable milk to any handler for 45 consecutive keting area, which was issued July 30, to him. days shall forfeit his base except that a 1969 (34 F.R. 12744), is hereby extended (d) A producer for whom a base has producer who suffers the complete loss of to September 10, 1969. been established pursuant to this section his bam or milking herd as a result of based on deliveries on not less than 128 fire or natural disaster may retain his Signed at Washington, D.C., on Au­ days during the preceding months of base without loss for not longer than gust 14, 1969. September through February may, in April 30 of the year following the end of G. R. G range, lieu thereof, by notifying the market the period in which the base was earned. Acting Deputy Administrator, administrator in writing prior to April (e) Two or more producers with bases Regulatory Programs. 15, be accorded a base computed pur­ may combine their bases upon the for­ [F.R. Doc. 69-9834; Filed, Aug. 19, 1969; suant to paragraph (c) of this section. mation of a bona fide partnership oper­ 8:47 a.m.] (e) A producer who, during the ating from one farm. months of September and October quali­ fied as a producer under Federal order § 1036.112 Announcement of estab­ No. 2 and was a producer under this part lished bases. DEPARTMENT OF during all of each of the 4 months of On or before April 5 of each year the November through February shall be market administrator shall notify each assigned a base calculated from his total producer, the handler receiving his milk TRANSPORTATION deliveries to pool plants under both if such handler is not a cooperative as­ Federal Aviation Administration orders. sociation pursuant to § 1036.13 (c) or (d), and the cooperative association of [ 14 CFR Parts 21, 45 1 § 1036.111 Base rules. which he is a member, of the producer’s [Docket No. 8020; Notice 69-36] The following rules shall apply in the base computed pursuant to § 1036.110. establishment of bases: Such base shall be effective from April 1 REPLACEMENT AND MODIFICATION (a) Subject to the provisions of para­ of such year through March 31 of PARTS graph (b) of this section, the market the following year: Provided, however, administrator shall assign a base calcu­ That producers will continue to be paid Notice of Proposed Rule Making lated pursuant to S 1036.110 to each pro­ the uniform price computed pursuant to The FAA Is considering amending ducer for whose account producer milk § 1036.61 in lieu of the uniform prices was delivered to pool plants during the computed pursuant to § 1036.61a for each Parts 21 and 45 of the Federal Aviation months of September through February. month through March 1971. Regulations to clarify the requirements

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13422 PROPOSED RULE MAKING

for the manufacture of approved rem­ for each replacement or modification duce replacement or modification parts placement and modification parts. part which is produced. This change for sale for installation on a type certifi­ Interested persons are invited to par­ would relieve the FAA of the necessity of cated product unless he holds a parts ticipate in the making of the proposed constant surveillance of a manufac­ manufacturer approval for the part. rule by submitting such written data, turer’s facilities for the first six months (b) This section does not apply to the views, or arguments as they may desire. of operation. It is proposed to change the following: Communications should identify the reg­ rule accordingly. (1) Parts produced under a type or ulatory docket or notice number and be A new requirement that the holder of production certificate. submitted in duplicate to the Federal a parts manufacturer approval must (2) Parts produced by an owner or Aviation Administration, Office of the notify the FAA within 10 days if his operator for maintaining or altering his General Counsel, Attention: R u le s facilities are relocated is also being pro­ own product. Docket, GC-24, 800 Independence Ave­ posed. This would assist the FAA in (3) Parts produced under an FAA nue SW., Washington, D.C. 20590. All carrying out its surveillance and investi­ Technical Standard Order. communications received on or before gative responsibilities. (4) Standard parts (such as bolts and November 18, 1969, will be considered by With further regard to the identifica­ nuts) conforming to established industry the Administrator before taking action tion of parts, as well as to the identifica­ or U.S. specifications. on the proposed rule. The proposal con­ tion of the design data on which the (c) An application for a parts manu­ tained in this notice may be changed in production of those parts is based, Pratt facturer approval is made to the Re­ light of comments received. All comments & Whitney Aircraft Division of United gional Office of the Region in which the submitted will be available, both before Aircraft Corp. has requested the regula­ manufacturer is located and must and after the closing date for comments, tions be amended to provide for the filing include the following: in the Rules Docket for examination by of an application -under § 21.303 con­ (1) The drawings, specifications, and interested persons. taining information designed to identify other technical data necessary to estab­ Subpart K of Part 21 contains the reg­ the basis for the design approval and to lish the design of the part. If the design ulations applicable to materials, parts require permanent identification of parts data was obtained through a licensing and appliances. Section 21.303 of Sub­ produced under § 21.303. The FAA sees agreement, evidence of that agreement part K contains the regulations gov­ merit in the petitioner’s request and this must be furnished. If the design data was erning the manufacture of replacement notice contains proposed changes essen­ obtained through reverse engineering, the and modification parts for installation tially along the lines suggested by the technical data necessary to substantiate on type certificated products. These reg­ petitioner. In this regard, the regulations the design must be furnished. ulations, a recodification of § 1.55 of Part would now provide for the filing of an (2) The identity of the product on 1 of the former Civil Air Regulations, applications for a parts manufacturer which the part is to be installed. have always contained references to approval. Among other things, the ap­ (3) The name and address of the other provisions of the regulations in pre­ plicant would be required to submit with manufacturing facilities at which these scribing the requirements applicable to this application, the drawing, specifica- parts are to be manufactured. the manufacture of replacement and tons and other data necessary to estab­ (d) An applicant is entitled to a Parts modification parts. This has presented lish the required design for his part. If Manufacturer Approval for a replace­ some problem in applying § 21,303 since the design data were obtained under a li­ ment or modification part if the Ad­ the requirements incorporated by refer­ cense agreement, evidence of that agree­ ministrator finds upon examination of ence are drafted in terms of the type ment would have to be furnished. On the the design and after completing all tests certification process and not the ap­ other hand, if the design data were the and inspections, that the design meets proval of parts. It is therefore proposed result of reverse engineering by the ap­ the airworthiness requirements of the to remedy this situation by setting forth plicant, he would be required to furnish Federal Aviation Regulations applicable verbatim in § 21.303, the current require­ all the technical data necessary to sub­ to the product on which the part is to be ments applicable to replacement and stantiate the design. installed and the applicant submits a modification parts and to remove the With respect'to the identification of statement certifying that he has estab­ cross references. This proposed amend­ parts manufactured under a PMA, the lished the fabrication inspection system ment would involve no substantive petitioner points out that under the cur­ required by paragraph (h) of this section. change from the current rules in this rent regulations the identity of the (e) Each applicant must allow the Ad­ regard. manufacturer is often provided by a tag ministrator to make any inspection or In addition, it has long been a practice or invoice with the part and that, where tests necessary to determine compliance of the FAA to provide a Parts Manu­ feasible, such information should be with the applicable Federal Aviation facturer Approval (PMA) for parts pro­ permanently marked on the part. The Regulations. However, unless otherwise duced under the provisions of §21.303 FAA sees merit in this suggestion, and it authorized by the Administrator— (and its predecessor provisions of the is proposed to amend § 45.15 to require (1) No part may be presented to the CARs). The parts so produced have al­ that parts produced under a parts manu­ Administrator for tests unless compliance ways been known as FAA-PMA parts facturer approval must be permanently with paragraph (f) (2) through (4) of and reference to FAA-PMA parts are and legibly marked with the letters FAA- this section has been shown for that contained in other parts of the regula­ PMA and, at the Administrator’s discre­ part. tions. It is therefore proposed to specifi­ tion, other information such as the name, (2) No change may be made to the cally provide for the Parts Manufacturer trademark or symbol of the manufac­ part between the time that compliance Approval in § 21.303 and to require under turer or modifier. with paragraph (f) (2) through (4) of Part 45 that parts produced in accord­ These proposed changes should make it this section is shown for that part and ance with the requirements of that clear that persons producing replacement the time that the part is presented to the section be marked with the letters or modification parts for installation on Administrator for inspections. “FAA-PMA.” a type certificated product are required (f) Each applicant must make all in­ Section 21.303(c) presently requires a to meet substantially the same require­ spections and tests necessary to deter­ manufacturer of replacement or modi­ ments in the production of those parts as mine— fication parts to establish and maintain the type certificate holder. (1) Compliance with the applicable (within 6 months from the date of initial In consideration of the foregoing, it is airworthiness requirements; production) a fabrication inspection sys­ proposed to amend Parts 21 and 45 as (2) That materials conform to the tem that insures that each part conforms follows: specifications in the design; with the design data and is safe for 1. By amending § 21.303 to read as (3) That the part conforms to the follows: drawings in the design; and installation on type certificated prod­ (4) That the manufacturing processes, ucts. The FAA feels that there is no § 21.303 Replacement and modification construction and assembly conform to longer any need for the 6-month provi­ parts. those specified in the design. sion and that the manufacturers should (a) Except as provided in paragraph (g) The Administrator does not issue establish a fabrication inspection system (b) of this section, no person may pro­ a Parts Manufacturer Approval if the

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 PROPOSED RULE MAKING 13423 manufacturing facilities for the part are safe for installation on type certificated airplanes. The manufacturer’s investiga­ located outside of the United States, un­ products. tion of this problem revealed that micro­ less the Administrator finds that the switches which had not been modified 2. By amending § 21.305 to read asto prevent the ingress of moisture were location of the manufacturing facili­ follows: ties places no burden on the FAA in being installed on some new aircraft. § 21.305 Approval of materials, parts, This could result in an erroneous indi­ administering applicable airworthiness cation to the flight crew of the position requirements. processes, and appliances. (h) Each person manufacturing re­ of the main and nose landing gear. Since Whenever a material, part, process, or this condition is likely to exist in other placement or modification parts under a appliance is required to be approved aircraft of the same type design, the pro­ Farts Manufacturer Approval shall es­ under this chapter, it may be approved— posed airworthiness directive would re­ tablish and maintain a f abrication inpee- (a) Under the Parts Manufacturer quire replacement of the unmodified tion system that includes the following: Approval issued under § 21.303; (1) Incoming materials used in the landing gear microswitch with a modified (b) Under a Technical Standard switch. finished part must be as specified in the Order issued under Part 37 of this Interested persons are invited to par­ design data. chapter; ticipate in the making of the proposed (2) Incoming material must be (c) In conjunction with type certifica­ rule by submitting such written data, properly identified if their physical and tion procedures for a product; or views, or arguments as they may desire. chemical properties cannot otherwise be (d) In any other manner approved by Communications should identify the reg­ readily and accurately determined. the Administrator. ulatory docket or notice number and (3) Materials subject to damage and be submitted in duplicate to: Federal deterioration must be suitably stored and 3r By amending § 45.15 to read as follows: Aviation Administration, Office of the adequately protected. General Counsel, Attention: Rules Dock­ (4) Processes affecting the quality and § 45.15 Replacement and modification et GC-24, 800 Independence Avenue safety of the finished product must be parts. SW., Washington, D.C. 20590. All com­ accomplished in accordance with accept­ Each person who produces a replace­ munications received on or before Sep­ able specifications. ment or modification part under a Parts tember 19, 1969, will be considered by (5) Parts in process must be inspected Manufacturer Approval issued under the Administrator before taking action for conformity with the design data at § 21.303 of this chapter shall perma­ on the proposed rule. The proposal con­ points in production where accurate de­ nently and legibly mark that part with tained in this notice may be changed in termination can be made. Statistical the letters “FAA-PMA”, and, in addi­ the light of comments received. All com­ quality control procedures may be em­ tion, with such of the following informa­ ments submitted will be available, both ployed where it is shown that a satisfac­ tion as the Administrator considers before and after the closing date for tory level of quality will be maintained appropriate: comments, in the Rules Docket for for the particular part involved. (a) Manufacturer’s or modifier’s examination by interested persons. (6) Current design drawings must be name, trademark, or symbol; This amendment is proposed under the readily available to manufacturing and (b) Part number; and authority of sections 313(a), 601, and inspection personnel, and used when (c) Name and model designation of 603 of the Federal Aviation Act of 1958 necessary. the type certificated product on which (49 U.S.C. 1354(a), 1421, 1423), and (7) Major changes to the basic design the part is eligible for installation or, if section 6(c) of the Department of Trans­ must be adequately controlled and ap­ this marking on the part is impracti­ portation Act (49 U.S.C. 1655(c)). proved before being incorporated in the cable, the information specified in this In consideration of the foregoing, it is finished part. subparagraph may be included on the proposed to amend § 39.13 of Part 39 of (8) Rejected materials and com­ container of the part, or on a tag which the Federal Aviation Regulations by add­ ponents must be segregated and identi­ is attached to the part. ing the following new airworthiness fied in such a manner as to preclude These amendments are proposed under directive: their use in the finished part. the authority of sections 313, 601, arid 603 Avions Marcel D assault. Applies to Serial (9) Inspection records must be main­ of the Federal Aviation Act of 1958 (49 Numbers 73 and subsequent on which tained, identified with the completed U.S.C. 1354, 1421, and 1423) and of sec­ the production microswitch has been part, where practicable, and retained in replaced with a switch that has not been tion 6(c) of the Department of Trans­ modified. the manufacturer’s file for a period of at portation Act (49 U.S.C. 1655(C)). least 2 years after the part has been Compliance required by September 30, completed. Issued in Washington, D.C., on Au­ 1969. gust 13, 1969. To prevent the ingress of moisture in the (i) Each manuf acturer of replacement landing gear microswitch assembly, replace or modification parts for which a parts Edward C. H odson, the unmodified microswitch with a modified manufacturer approval has been issued Acting Director, switch in accordance with Avions Marcel under this section must identify these Flight Standards Service. Dassault Service Bulletin No. 333 Revision parts in accordance with § 45.15 of this [F.R. Doc. 69-9871; Filed, Aug. 19, 1969; 2, dated March 28, 1969, or later SGAC- chapter. 8:49 a.m.] approved issue, or an FAA-approved equiva­ lent as follows: (j) A parts manufacturer approval (a) Nose landing gear, telescopic bar. Re­ issued under this section is not trans­ place the switch P/N Al.23802 with modified ferable and is effective until surrendered [ 14 CFR Part 39 1 switch P/N Al.23802 VI V2. or withdrawn or otherwise terminated [Docket No. 9756] (b) Nose landing gear, door actuating cyl­ by the Administrator. inder. Replace the switch P/N Al.23801 with (k) The holder of a parts manufac­ AIRWORTHINESS DIRECTIVE modified switch P/N Al .23801 VI V2. (c) Main landing gear, drag strut actuator turer approval shall notify the PAA in Avions Marcel Dassault Fan Jet Falcon cylinder. Replace the switch P/N A2.23802 writing within 10 days from the date his and Fan Jet Falcon Series D Air­ with modified switch P/N A2.23802 VI V2. manufacturing facilities are relocated or (d) Main landing gear, door actuating expanded to include additional facilities planes Serial Numbers 73 and cylinder. Replace the switch P/N A2.23801 another locations. Greater with modified switch P/N A2.23801 VI V2. (l) Each holder of a parts manufac­ The Federal Aviation Administration turer approval shall: Issued in Washington, D.C., on August is considering amending Part 39 of the 13, 1969. (1) Maintain a fabrication inspection Federal Aviation Regulations by adding Edward C. H odson, system which will ensure continuous an airworthiness directive (AD) appli­ Acting Director, compliance with the requirements in cable to certain Avions Marcel Dassault Flight Standards Service. paragraph (h) of this section; and Airplanes. There have been reports of (2) Ensure that each completed part internal corrosion in the landing gear [FJR. Doc. 60-0860; Filed, Aug. 10, 1960; conforms with the design data and is microswitch assembly installed in such 8:40 a m .]

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13424 PROPOSED RULE MAKING

[ 14 CFR Part 39 1 (c) The repetitive inspection required by Glendive, Mont. paragraph (a) may be discontinued after the [Docket No. 9755] hinge bolt has been secured in accordance That airspace extending upward from 700 with paragraph (b ). feet above the surface within a 12-mile AIRWORTHINESS DIRECTIVE radius of Dawson Community Airport (lati­ Issued #n Washington, D.C., on August tude 47°08'20” N., longitude 104°48'25" W .); British Aircraft Corp. Model BAC 1—11 13,1969. and within 4y2 miles northeast and 9 y2 miles southwest of the 325° bearing from Dawson 200 and 400 Series Airplanes Edward C. H odson, Community Airport, extending from the 12- Acting Director, jtnile radius area to 18 y2 miles northwest of The Federal Aviation Administration Flight Standards Service. is considering amending Part 39 of the the airport. Federal Aviation Regulations by adding [F.R. Doc. 69-9870; Filed, Aug. 19, 1969; This amendment is proposed under the an airworthiness directive (AD) appli­ 8:49 a.m.] authority of section 307(a) of the Fed­ cable to British Aircraft Corp. Model eral Aviation Act of 1958 (49 U.S.C. BAC 1-11 200 and 400 Series Airplanes. 1348), and of section 6(c) of the Depart­ Cases have been reported where the ven­ [ 14 CFR Part 71 ] ment of Transportation Act (49 U.S.C. tral stairway starboard hinge bolt has [Airspace Docket No. 69-CE-67] 1655(c)). separated from its locking nut because of Issued in Kansas City, Mo., on Au­ high torque friction. This could result in TRANSITION AREA gust 1, 1969. the door opening incorrectly, jeopardiz­ ing the use of the ventral stairway as an Proposed Alteration D aniel E. B arrow, emergency exit. Since this condition is Acting Director, Central Region. likely to exist or develop in other aircraft The Federal Aviation Administration [F.R. Doc. 69-9866; Filed, Aug. 19, 1969; of the same type design, the proposed is considering amending Part 71 of the 8:49 a.m.] airworthiness directive would require in­ Federal Aviation Regulations so as to alter the transition area at Glendive, spection of the bolt for signs of looseness [ 14 CFR Part 71 1 or insecurity. Mont. Interested persons are invited to par­ Interested persons may participate in [Airspace Docket No. 69-OE-73] the proposed rule making by submitting ticipate in making of the proposed rule TRANSITION AREA by submitting such written data, views, such written data, views or arguments as or arguments as they may desire. Com­ they may desire. Communications should Proposed Alteration munications should identify the regula­ be submitted in triplicate to the Direc­ tory docket or notice number and be tor, Central Region, Attention: Chief, The Federal Aviation Administration submitted in duplicate to the Federal Air Traffic Division, Federal Aviation is considering amending Part 71 of the Aviation Administration, Office of the Administration, Federal Building, 601 Federal Aviation Regulations so as to General Counsel, Attention: Rules East 12th Street, Kansas City, Mo. alter the transition area at Milwaukee, Docket, GC-24, 800 Independence Ave­ 64106. All communications received Wis. nue SW., Washington, D.C. 20590. All within 45 days after publication of this Interested persons may participate in communications received on or before notice in the F ederal R egister will be the proposed rule making by submitting September 19,1969, will be considered by considered before action is taken on the such written data, views or arguments the Administrator before taking action proposed amendment. No public hearing as they may desire. Communications on the proposed rule. The proposal con­ is contemplated at this time, but ar­ should be submitted in triplicate to the tained in this notice may be changed in rangements for informal conferences Director, Central Region, Attention: the light of comments received. All com­ with Federal Aviation Administration of­ Chief, Air Traffic Division, Federal Avi­ ments submitted will be available, both ficials may be made by contacting the ation Administration, Federal Building, before and after the closing date for Regional Air Traffic Division Chief. Any 601 East 12th Street, Kansas City, Mo. comments, in the Rules Docket for ex­ data, views or arguments presented dur­ 64106. All communications received with­ amination by interested persons. ing such conferences must also be sub­ in 45 days after publication of this notice in the F ederal R egister will be consid­ This amendment is proposed under the mitted in writing in accordance with this notice in order to become part of ered before action is taken on the pro­ authority'of sections 313(a), 601, and posed amendment. No public hearing is 603 of the Federal Aviation Act of 1958 the record for consideration. The pro­ posal contained in this notice may be contemplated at this time, but arrange­ (49 U.S.C. 1354(a), 1421, and 1423, and ments for informal conferences with of section 6(c) of the Department of changed in the light of comments received. Federal Aviation Administration offi­ Transportation Act (49 U.S.C. 1655(c)). cials may be made by contacting the A public docket will be available for In consideration of the foregoing, it is Regional Air Traffic Division Chief. A n y proposed to amend § 39.13 of Part 39 of examination by interested persons in the data, views or arguments presented dur­ the Federal Aviation Regulations by add­ Office of the Regional Counsel, Federal ing such conferences must also be sub­ ing the following new airworthiness Aviation Administration, Federal Build­ mitted in writing in accordance with this directive: ing, 601 East 12th Street, Kansas City, Mo. 64106. notice in order to become part of the B ritish Aircraft Corporation. Applies to record for consideration. The proposal BAC 1—11 200 and 400 Series Airplanes. A new special instrument approach contained in this notice may be changed procedure has been developed for Daw­ Compliance required as indicated unless in the light of comments received. already accomplished. son Community Airport, Glendive, Mont., A public docket will be available for To prevent a malfunction of the ventral utilizing a privately owned radio beacon examination by interested persons in the stairway door, accomplish the following: located on the airport as a navigational Office of the Regional Counsel, Federal (a) Inspect ventral stairway starboard aid. The present instrument approach Aviation Administration, Federal Build­ hinge holt (M.M. 52-10) for signs of looseness procedure will be canceled when the new ing, 601 East 12th Street, Kansas City, or insecurity within the next 100 hours time procedure becomes effective. Accordingly, Mo. 64106. in service after the effective date of this AD the Glendive, Mont., transition area must unless already accomplished within the last be altered to provide controlled airspace A new public use instrument approach 550 hours time in service and thereafter at protection for aircraft executing the new procedure has been developed for Wau­ intervals not to exceed 650 hours from the procedure. kesha County Airport, Waukesha, Wis. last inspection. Controlled airspace for the protection of (b) If during the inspection required by In consideration of the foregoing, the IFR air traffic into and out of this air­ paragraph (a), the starboard hinge bolt Federal Aviation Administration pro­ (M.M. 52-10) is found to be insecure or to port is contained within the Milwaukee, poses to amend Part 71 of the Federal Wis., transition area. Accordingly, it is have rotated loose, secure the hinge bolt be­ Aviation Regulations as hereinafter set fore further flight in accordance with BAC necessary to alter the Milwaukee, Wis., 1-11 Alert Service Bulletin 52-A-PM 3701, forth: transition area to adequately protect dated March 24, 1969, or later ABB approved In § 71.181 (34 F.R. 4637), the follow­ aircraft executing the new approach issue, or FAA approved equivalent. ing transition area is amended to read: procedure.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 PROPOSED RULE MAKING 13425

with Federal Aviation Administration to latitude 40°30'00" N., longitude 85°50'00" In consideration of the foregoing, the W.; to latitude 40°40'00" N., longitude 85°- Federal Aviation. Administration pro­ officials may be made by contacting the 50'00" W.; to the point of beginning; and poses to amend Part 71 of the Federal Regional Air Traffic Division Chief. Any within a 12-mile radius of Marion, Indiana Aviation Regulations as hereinafter set data, views, or arguments presented Municipal Airport (latitude 40°29'25" N., forth : during such conferences must also be longitude 85°40'40" W.). submitted in writing in accordance with In § 71.181 (34 F.R. 4637), the follow­ this notice in order to become part of These amendments are proposed under ing transition area is amended to read: the record for consideration. The pro­ the authority of section 307(a) of the Milwaukee, Wis . posals contained in this notice may be Federal Aviation Act of 1958 (49 U.S.C. changed in the light of comments 1348), and of section 6(c) of the Depart­ That airspace extending upward from 700 ment of Transportation Act (49 U.S.C. feet above the surface within an 8-mile received. radius of General Mitchell Field (latitude A public docket will be available for 1655(c)). 42°56'51" N., longitude 87°53'58'' W.); with­ examination by interested persons in the Issued in Kansas City, Mo., on Au­ in 8 miles east and 5 miles west of the Mil­ Office of the Regional Counsel, Federal gust 1,1969. waukee ILS. localizer south course, extending Aviation Administration, Federal Build­ D aniel E. B arrow, from the 8-mile radius area to 12 miles south ing, 601 East 12th Street, Kansas City, of the OM; within 2 miles each side of the Acting Director, Central Region. Milwaukee No. 2 ILS localizer west course, Mo. 64106. [F.R. Doc. 69-9868; Filed, Aug. 19, 1969; extending from the OM to 8 miles west of A new public use instrument approach 8:49 a.m.] the OM; within a 5-mile radius of Horlick- procedure has been developed for the Racine Airport (latitude 42°45'35" N., longi­ Delaware County-Johnson Field Airport tude 87°48'55" W.); within an 8-mile radius utilizing a VOR located on the airport as [ 14 CFR Part 75 1 of Timmerman Airport (latitude 43°06'40" N., a navigational aid. In addition, the cri­ longitude 88°02'05” W.); within 5 miles teria for the designation of control zones [Airspace Docket No. 69-WE-58] northeast and 8 miles southwest of the Tim­ merman VOR 337° radial, extending from the and transition areas have changed. Ac­ JET ROUTE 8-mile radius area to 12 miles northwest of cordingly, it is necessary to alter the the VOR; within 2 miles each side of the Muncie, Ind., transition area to ade­ Proposed Designation T im m erm an VOR 214° radial, extending from quately protect aircraft executing the The Federal Aviation Administration the 8-mile radius area to 14 miles south­ new approach procedure and to comply is considering an amendment to Part 75 west of the VOR; and within a 7% -mile with the new control zone and transition of the Federal Aviation Regulations that radius of Waukesha County Airport (lati­ area criteria. tude 43°02'00" N„ longitude 88°14'00'' W.); would designate J-158 from Mina, Nev., and that airspace extending upward from In consideration of the foregoing, the via Lucin, Utah, to Malad City, Idaho. 1,200 feet above the surface bounded on the Federal Aviation Administration pro­ This action would improve air traffic con­ north by latitude 43°30'00" N., on the east poses to amend Part 71 of the Federal trol service and reduce controller to pilot by longitude 87°00'00" W., on the south by Aviation Regulations as hereinafter set communications by providing a num­ latitude 42°30'00'' N., and on "the west by forth: bered jet route for a radar vector route longitude 88° 30'00'' W. (1) In § 71.171 (34 F.R. 4557), the fol­ for westbound aircraft to the San Fran­ This amendment is proposed under lowing control zone is amended to read: cisco Bay Area, Calif. the authority of section 307(a) of the Interested persons may participate in Federal Aviation Act of 1958 (49 U.S.C. Mu ncie, In d . the proposed rule making by submitting 1348), and of section 6(c) of the Depart­ Within a 5-mile radius of Delaware such written data, views, or arguments ment of Transportation Act (49 U.S.C. County-Johnson Field (latitude 40°14'25" N., longitude 85°23'45'' W.); within 2% as they may desire. Communications 1655(c)). miles each side of the Muncie VOR 125° should identify the airspace docket num­ Issued in Kansas City, Mo., on Au­ radial, extending from the 5-mile radius ber and be submitted in triplicate to the gust 1, 1969. zone to 6% miles southeast of the VOR; Director, Western Region, Attention: D aniel E. Barrow, within 2 y2 miles each side of the Muncie Chief, Air Traffic Division, Federal Avia­ Acting Director, Central Region. VOR 017° radial, extending from the 5-mile tion Administration, 5651 West Manches­ radius zone to 6% miles north of the VOR; ter Avenue, Post Office Box 92007, World­ [F.R. Doc. 69-9867; Filed, Aug. 19, 1969; and within sy 2 miles each side of the Muncie 8:49 a.m.] VOR 320° radial, extending from the 5-mile way Postal Center, Los Angeles, Calif. radius zone to 10 miles northwest of the 90009. All communications received VOR, from 0700 to 2300 hours local time within 30 days after publication of this [ 14 CFR Part 71 1 daily. notice in the F ederal R egister will be [Airspace Docket No. 69—CE-68] considered before action is taken on the (2) In § 71.181 (34 F.R. 4637), the fol­ proposed amendment. The proposal con­ CONTROL ZONE AND TRANSITION lowing transition area is amended to tained in this notice may be changed in AREA read: the light of comments received. Mu ncie, I nd . An official docket will be available for Proposed Alteration That airspace extending upward from examination by interested persons at the 700 feet above the surface within a 7-mile Federal Aviation Administration, Office The Federal Aviation Administration radius of Delaware County-Johnson Field is considering amending Part 71 of the (latitude 40°14'25" N., longitude 85°23'45" of the General Counsel, Attention: Rules Federal Aviation Regulations so as to W.); within 3 miles each side of the Muncie Docket, 800 Independence Avenue SW., alter the control zone and transition VOR 125° radial, extending from the 7-mile Washington, D.C. 20590. An informal area at Muncie, Ind. radius area to 8 miles southeast of the VOR; docket also will be available for exami­ Interested persons may participate in within 3 miles each side of the Muncie VOR nation at the office of the Regional Air the proposed rule making by submitting 017° radial, extending from the 7-mile radius Traffic Division Chief. area to 8 miles north of the VOR; and within such written data, views, or arguments s y 2 miles each side of the Muncie VOR 320° This amendment is proposed under as the may desire. Communications radial, extending from the 7-mile radius the authority of section 307(a) of the should be submitted in triplicate to the area to 10 miles northwest of the VOR; and Federal Aviation Act of 1958 (49 U.S.C. Director, Central Region, Attention: that airspace extending upward from 1,200 1348) and section 6(c) of the Depart­ Chief, Air Traffic Division, Federal Avi­ feet above the surface within the area ment of Transportation Act (49 U.S.C. ation Administration, Federal Building, bounded by a line beginning at latitude 40° - 1655(c)). 40'00" N., longitude 85°30'00" W.; to lati­ 601 East 12th Street, Kansas City, Mo. Issued in Washington, D.C., on Au­ 64106. All communications received tude 40°30'00'' N., longitude 85°22'00'' W.; to latitude 40°30'00" N., longitude 84°49'- gust 14,1969. within 45 days after publication of this 00" W.; to latitude 40° 10'00" N., longitude H. B. H elstrom, notice in the F ederal R egister will be 85°00'00" W.; to latitude 40°10'00" N., Chief, Airspace and Air considered before action is taken on the longitude 85°05'45" W.; to latitude 40°00'- Traffic Rules Division. proposed amendments. No public hear­ 00" N., longitude 84°58'00" W.; to latitude ing is contemplated at this time, but 40e00'00" N., longitude 86° 00'00" W.; to lati­ [F.R. Doc. 69-9830; filed, Aug. 19, 1969; arrangements for informal conferences tude 40°07'00" N., longitude 86°00'00" W.; 8:47 a.m.]

FEDERAL REGISTER, V O L 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13426 PROPOSED RULE MAKING

Hazardous Materials Regulations hydroperoxide be no longer permitted is considering amending the Hazardous Board when it is in a dry state. Petitioner states Materials Regulations as follows; that he believes this material is much I. Part 172 would be amended as [ 49 CFR Parts 172f 173 1 too hazardous to be shipped in 100-pound follows: drums. Petitioner also points out that, to [Docket No. HM-32; Notice ©9-24] A. In § 172.5(a) the Commodity List the best of his knowledge, no one is at would be amended as follows: TRANSPORTATION OF HAZARDOUS the present time shipping this material in a dry condition. § 172.5 List of explosives and other MATERIALS In consideration of the foregoing, the dangerous articles. Change in Shipping Name and Re­ Hazardous Materials Regulations Board (a) * * * moval of Authorization To Ship or .... _ Maximum quan- Transport Dimethylhexane Dihy­ Articie Classed as— Exemptions and Label required tity in 1 outside packing (see sec.) if not exempt container by rail droperoxide, Dry express The Hazardous Materials Regulations Change Board is considering amending § 172.5 Hydrazine solution (containing BO per- Cor. L...... No exemption, 173.276. W hite...... 5 pints. of the Department’s Hazardous Mate­ cent or less of water). Calcium hypochlorite compounds (dry, Oxy. M...... _ 173.153, 173.217------Yellow______100 pounds. rials Regulations to change the shipping containing more than 89 percent avail­ name of hydrazine solution and calcium able chlorine). hypochlorite by placing descriptive word­ Cancel Dimethylhexane dihydroperoxide____ Oxy. M...... No exemption, Yellow...... 25pounds. ing in italics and to specify dry dimethyl­ 173.157, 173.158. hexane dihydroperoxide as “Not ac­ Add Dimethylhexane dihydroperoxide, dry. Not accepted. cepted” for transportation. The latter Dimethylhexane dihydroperoxide, wet. Oxy. M_____ would no longer be authorized in No exemption, 173.157. Yellow...... 25 pounds. § 173.158. ***** Issued in Washington, D.C., on Au­ Interested persons are invited to give II. Part 173 would be amended asgust 12,1969. their views on this proposal. Communi­ follows: J. B. M cCarty, Jr., cations should identify the docket num­ A. In Part 173 § 173.158 of the Table Capt., U.S.C.G., by direction of ber and be submitted in duplicate to the of Contents would be amended to read Commandant, U.S. Coast Secretary, Hazardous Materials Regula­ as follows: Guard. tions Board, Department of- Transporta­ Sec. R. N. W hitman, tion, 400 Sixth Street SW., Washington, 173.158 Benzoyl peroxide, dry; chlorobenzoyl Administrator, D.C. 20590. Communications received on peroxide (para) dry; cyclohexa­ Federal Railroad Administration. or before October 28, 1969, will be con­ none peroxide, dry; lauroyl perox­ sidered before final action is taken on ide, dry; or succinic acid peroxide, F. C. T urner, the proposal. All comments received will dry. Administrator, Federal Highway Administration. be available for examination by inter­ B. In § 173.158 the heading, the intro­ ested persons at the Office of the Secre­ ductory text of paragraph (a), and para­ S am S chneider, tary, Hazardous Materials Regulations graph (a) (2) are amended to read as Board Member, for the Board, both before and after the closing Federal Aviation Administration. date for comments. follows: § 173.158 Benzoyl peroxide, dry; chlo­ [F.R. Doc. 69-9849; Filed, Aug. 19, 1969; It was intended to set forth in Notice 8:48 a.m.] 68-7 (docket No. HM-9) a proposal to robenzoyl peroxide (para) dry; cy­ shorten the shipping name “Hydrazine clohexanone peroxide, dry; lauroyl solution containing 50 percent or less of peroxide, dry; or succinic acid perox­ [ 49 CFR Part 173 ] water” to “Hydrazine solution (.contain­ ide, dry. ing 50 percent or less of water) ” thereby (a) Benzoyl peroxide, dry; chloro­ [Docket No. HM-30; Notice 69-22 ] making the italicized words no longer a benzoyl peroxide (para), dry; cyclohexa­ TRANSPORTATION OF HAZARDOUS required part of package markings and none peroxide over 50 percent concen­ MATERIALS entries on shipping papers. The words tration but not exceeding 85 percent “(containing 50 percent or less of concentration, dry; lauroyl peroxide, Specification IK Carboy for Certain water) ” were not printed in italics in dry; or succinic acid peroxide, dry; must Chlorides Notice 68-7; therefore, the modified be packed in specification packagings as shipping name is proposed herein. follows: The Hazardous Materials Regulations A petition has been received to simi-' ***** Board is considering amending § 173.247 larly shorten the shipping name of “Cal­ (2) Spec. 21C (§ 178.224 of this chap­ of the Hazardous Materials Regulations cium hypochlorite compounds, dry, ter) fiber drums. Authorized only for to authorize shipment of certain chlo­ containing more than 39 percent avail­ lauroyl peroxide, dry. Authorized net rides in specification IK glass carboys able chlorine”. The latter wording in the weight not over 100 pounds in one drum. cushioned with expandable polystyrene in a wooden wirebound box. present shipping name is not necessary ***** for identification of the hazardous ma­ Interested persons are invited to give terial from the standpoint of marking This proposal is made under the au­ their views on this proposal. Communi­ name of contents on packages and for thority of sections 831-835 of title 18, cations should identify the docket num­ the purpose of description on shipping United States Code, section 9 of the De­ ber and be submitted in duplicate to the papers. partment of Transportation Act (49 Secretary, Hazardous Materials Regula­ U.S.C. 1657) and title VI and section A petition has been received requesting tions Board, Department of Transporta­ 902(h) of the Federal Aviation Act of tion, 400 Sixth Street SW., Washington, that the shipment of dimethylhexane di­ 1958 (49 U.S.C. 1421-1430 and 1472(h)). D.C. 20590. Communications received on

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 PROPOSED RULE MAKING 13427 or before October 28, 1969, will be con­ [ 49 CFR Part 173 1 [ 49 CFR Parts 173, 177 1 sidered before final action is taken on the [Docket No. HM-33; Notice 69-25] [Docket No. HM-34; Notice 69-26] proposal. All comments received will be TRANSPORTATION OF HAZARDOUS available for examination by interested TRANSPORTATION OF HAZARDOUS MATERIALS persons at the Office of the Secretary, MATERIALS Hazardous Materials Regulations Board, Liquefied Petroleum Gas in Cargo both before and after the closing date Cyanides or Cyanide Mixtures Tanks Constructed of Quenched for comments. A petitioner has requested that the use The Hazardous Materials Regulations and Tempered Steel of specification IK carboys be authorized Board is considering amending § 173.370 The Hazardous Materials Regulations for those chlorides listed in § 173.247 for of the Department’s Hazardous Materials Board is considering amending §§ 173.315 which certain glass carboys are presently Regulations to authorize shipments of (a) (1) Note 15, 173.427(a) (4), and 177.- authorized. Petitioner bases his proposal cyanides or cyanide mixtures in specifi­ 817(a) (2) of the Department’s Hazard­ on his satisfactory experience with the cation 17H metal drums. ous Materials Regulations to make refer­ IK glass carboy in both muriatic acid and Interested persons are invited to give ence to an ASTM copper strip corrosion perchloric acid service and his belief that their views on this proposal. Communica­ standard for shipments of liquefied the commodities listed in § 173.247 do not tions should identify the docket number petroleum gas in MC 330 and MC 331 represent a greater hazard than those and be submitted in duplicate to the Sec­ cargo tanks constructed of quenched and commodities now authorized for ship­ retary, Hazardous Materials Regulations tempered steel in place of the present ment in specification IK carboys (see, Board, Department of Transportation, reference to National Gas Processors for example, § 173.263(a) (5)). Presently 400 Sixth Street SW., Washington, D.C. Association Publication 2140. the regulations authorize the use of 20590. Communications received on or The purpose of reference to NGPA specification IK glass carboys for hydro­ before October 28, 1969, will be con­ 2140 specification was to distinguish be­ chloric acid, nitric acid, perchloric acid, sidered before final action is taken on. tween those liquefied petroleum gases and sulfuric acid. Further, the petitioner the proposal. All comments received will that may be corrosive and those that states it is his experience that IK glass be available for examination by inter­ are noncorrosive as they relate to any carboys are superior to the 1A, 1C, ID, ested persons at the Office of the Secre­ contribution to stress corrosion crack­ and IE glass carboys, all of which are tary, Hazardous Materials Regulations ing in cargo tanks constructed of prescribed in § 173.247, and that the IK Board, both before and after the closing quenched and tempered steels. carboys have passed the periodic drop date for comments. Two petitioners * have requested the and swing tests without failure. This proposal is based on experience Board to clarify the application of In consideration of the foregoing, it is gained under the terms of several special Natural Gas Processors Association permits authorizing shipment of sodium Publication 2140.They contend that ref­ proposed to amend paragraph (a) (3) of cyanide in drums built to the 17H specifi­ erence to NGPA 2140 in its entirety is not § 173.247 to read as follows: cation. No adverse shipping experience altogether appropriate in that certain §173.247 Acetyl chloride, antimony has been reported to the Department in provisions thereof have no relationship pentachloride, benzoyl chloride, connection with such shipments. The to preventing stress corrosion which is chromyl chloride, pyro sulfuryl chlo­ proposal is consistent with the author­ the concern of the requirement. Rather ride, silicon chloride, sulfur chloride ized use of this type of drum for certain it would be more appropriate to refer to (mono and di), sulfuryl chloride, other class B poisons in solid form. the requirement in NGPA 2140 on cor­ thionyl chloride, tin tetrachloride In consideration of the foregoing, it is rosive compounds. Upon review it has (anhydrous), and titanium tetra­ proposed to add paragraph (a) (7) in been found that reference to the vola­ chloride. § 173.370 to read as follows: tile sulfur requirements in NGPA 2140 is not necessary since it does not indicate (a) * * * § 173.370 Cyanides, or cyanide mix­ (3) Spec. 1A, 1C, ID, IE, or IK amount or presence of hydrogen sulfide tures, except cyanide of calcium and in the liquefied petroleum gas being (§§ 178.1, 178.3,178.4, 178.7,178.14 of this mixtures thereof. tested. Hydrogen sulfide is indicated chapter). Glass carboys in boxes, kegs, (a) * * * only in the copper strip corrosion test. or plywood drums (not permitted for (7) Spec. 17H (§ 178.118) metal drums.Accordingly, for cargo tanks constructed antimony pentachloride or tin tetrachlo­ Gross weight not over 450 pounds. of quenched and tempered steel, it is ride, anhydrous). proposed to amend § 173.315(a) (1) Note ***** * * * * 15 to require that liquefied petroleum gas meet only the classification 1 corrosion This proposal is made under the au­ This proposal is made under the au­ thority of sections 831-835 of title 18, criterion (copper strip method) set forth thority of sections 831—835 of title 18, United States Code, section 9 of the De­ in the American Society for Testing and United States Code,, section 9 of the De­ partment of Transportation Act (49 Materials Standard D1838-64. Further partment of Transportation Act (49 U.S.C. 1657) and title VI and section reference to NGPA 2140 will not be U.S.C. 1657), and title VI and section 902(h) of the Federal Aviation Act of necessary. Amendments to §§ 173.427(a) 1958 (49 U.S.C. 1421-1430 and 1472(h)). (4) and 177.817(a) (2) would coordinate 902(h) of the Federal Aviation Act of shipping paper requirements with this 1958 (49 U.S.C. 1421-1430 and 1472(h)). Issued in Washington, D.C., on Au­ change. Issued in Washington, D.C., on Au­ gust 12,1969. Interested persons are invited to give gust 12,1969. J. B. M cCarty, Jr., their views on this proposal. Communi­ J. B. M cCarty, Jr., Captain, U.S.C.G., by direction cations should identify the docket num­ Captain, U.S.C.G., by direc­ of Commandant, U.S. Coast ber and be submitted in duplicate to the tion of Commandant, U.S. Guard. Secretary, Hazardous Materials Regu­ Coast Guard. F. C. T urner, lations Board, Department of Trans­ R. N. W hitman, Administrator, portation, 400 Sixth Street SW., Wash­ Administrator, Federal Highway Administration. ington, D.C. 20590. Communications re­ Federal Railroad Administration. R. N. W hitman, ceived on or before October 28, 1969, will F. C. T urner, Administrator, be considered before final action is taken Administrator, Federal Railroad Administration. on the proposal. All comments received Federal Highway Administration. S am S chneider, will be available for examination by in­ Sam S chneider, terested persons at the Office of the Board Member, for the Board Member, for the Federal Aviation Administration. Federal Aviation Administration. Secretary, Hazardous Materials Regula­ tions Board, both before and after the [F.R. Doc. 69-9847; Filed, Aug. 19, 1969; [F.R. Doc. 69-9850; Filed, Aug. 19, __ 1969; 8:48 a.m.] 8:48 a.m.] closing date for comments.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 No. 159 4 1.3428 PROPOSED RULE MAKING

In consideration of the foregoing, it [ 49 CFR Parts 173, 178 J considered appropriate to include a is proposed to amend 49 CFR Parts 173 cycling and maximum service life limit in and 177 as follows: [Docket No. HM-31; Notice 69-23] thé regulations. This specified service I. Part 173 would be amended as life was established arbitrarily because follows: TRANSPORTATION OF HAZARDOUS information on actual service experience A. In § 173.315 Note 15 following the MATERIALS was not available at the time. The 4380 table in paragraph (a)(1) would be pressurization cycle limit was based on amended to read as follows: Extension of Specification 3HT cyclic tests conducted by the manufac­ § 173.315 Compressed gases in cargo Cylinder Service Life turers and 12 years was arrived at by tanks and portable tank containers. The Hazardous Materials Regulations assuming one recharging per day, 365 (a) * * * Board is considering amending §§ 173.34, days per year. From experience accumu­ (1) * * * 173.302, and 173.304 of the Hazardous lated during the interim, the Air Trans­ Materials Regulations to extend the serv­ port Association contends the recharging N ote 15: Specs. MC 330 and MC 331 cargo ice life of specification 3HT cylinders for rate of cylinders is considerably less than tanks constructed of other than quenched once per day. The Board has been advised and tempered steel (NQT) are authorized aircraft use from 12 years to 15 years for all grades of liquefied petroleum gas. without relinquishing the 4380 pressuri­ that, based on a survey of the airlines, Only grades of liquefied petroleum gases zation cycle limitation. It is proposed to oxygen cylinders are being recharged in determined to he “ noncorrosive’ ’ are author­ amend § 178.44-13 to change the refer­ cycles ranging from 5 days for crew- ized in specs. MC 330 and MC 331 cargo tanks ence to safety device requirements. oxygen cylinders to a year or more for constructed of quenched and tempered steel passenger-oxygen cylinders. Most re­ (QT). “Noncorrosive” means the corrosive­ Interested persons are invited to give chargings are of the “topping off” type ness of the gas does not exceed the limita­ their views on this proposal. Communi­ for cylinders partially used; therefore, tions for classification 1 of the ASTM Copper cations should identify the docket num­ complete pressurization cycles are seldom Strip Classifications when tested in accord­ ber and be submitted in duplicate to the ance with ASTM D1838-64, “Copper Strip experienced. It was stated that the re­ Secretary, Hazardous Materials Regula­ charging frequency of 3HT cylinders Corrosion by Liquefied Petroleum (LP) tions Board, Department of Transporta­ Gases”. (For (QT) and (NQT) marking re­ used in other applications (aboard air­ quirements, see § 177.823(b) (5) of this chap­ tion, 400 Sixth Street SW., Washington, craft) is even less than the frequency for ter. For special shipping paper requirements, D.C. 20590. Communications received on the oxygen cylinders. see §§ 173.427(a) (4) and 177.817(a)(2) of or before October 28, 1969, will be con­ The Board believes that the most sig­ this chapter.) sidered before final action is taken on the nificant factors concerning the life limit * * * * * proposal. All comments received will be for these rechargeable cylinders are the available for examination by interested number of rechargings to which they are B. In § 173.427 paragraph (a) (4) persons at the Office of the Secretary, would be amended to read as follows: subjected and possible impairments to Hazardous Materials Regulations Board, their structural integrity caused by cor­ § 173.427 Shipping papers. both before and after the closing date rosion, nicks, scratches, etc. However, in for comments. consideration of the current triennial (a) * * * The basis for this proposal is a petition (4) For each shipment of “noncor-submitted by the Air Transport Associa­ hydrostatic retest and visual inspection rosive” liquefied petroleum gas in specs. tion requesting that the retest and con­ requirements, the Board believes that MC 330 and MC 331 cargo tanks con­ demnation requirements applicable to extending the longevity of 3HT cylinders structed of quenched and tempered steel specification 3 HT cylinders be based on as proposed herein is reasonable and the shipper must also show “NON- a more realistic cylinder longevity factor. warranted. CORROSIVE” to indicate suitability for The petitioner has requested that the 12- shipment in such tanks as authorized It is also proposed to make editorial year period be extended to 24 years con­ changes for clarification in the sections by § 173.315(a)(1) Table Note 15. tingent on satisfactory results of a trien­ ***** nial inspection after the 12-year period. affected by this notice and to amend EC. Part 177 would be amended as However, the Board is considering only a § 178.44—13(a) to make proper reference follows: 3-year extension at this time until a to safety device requirements. A. In § 177.817 paragraph (a) (2) complete study of the requalification re­ In consideration of the foregoing, it would be amended to read as follows: quirements, including the visual inspec­ is proposed to amend 49 CFR Parts 173 tion criteria for 3HT cylinders, can be and 178 as follows: § 177.817 Shipping papers. V made. This extension is consistent with (a) * * * a special permit recently issued by the I. Part 173 would be amended as fol­ (2) A carrier must not accept for Board. Presently 49 CFR 173.34(e) (13) lows: transportation or transport liquefied pe­ (iii) reads as follows: A. In § 173.34 paragraph (e) (13) (iii) troleum gas in specs. MC 330 and MC 331 A cylinder must be condemned at the would be amended to read as follows: cargo tanks constructed of quenched and termination of a 12-year period following tempered steel unless the shipping paper the date of the original test or after 4,380 § 173.34 Qualification, maintenance and is marked “NONCORROSIVE” to indi­ pressurizations (12 x 365), whichever comes use o f cylinders. cate suitability of shipment in such tanks first. If a cylinder is recharged more than ***** as authorized by § 173.315(a) (1) Table once a day, an accurate record of the number Note 15 of this chapter. of such rechargings must be maintained. (e) * * * * * * - * * When specification 3HT was proposed (13) * * * This,proposal is made under the au­ by the compressed gas industry over 10 (iii) A cylinder must be condemned thority of sections 831-835 of title 18, years ago, and made a part of the regula­ at the termination of a 15-year period United States Code and section 9 of the tions by the Interstate Commerce Com­ following the date of the original test Department of Transportation Act (49 or after 4380 pressurizations, whichever U.S.C. 1657). mission, a 12-year longevity period fol­ lowing the date of original test was occurs first. An accurate record for each Issued in Washington, D.C., on Au­ cylinder must be maintained by its owner, gust 12,1969. specified after which time a cylinder was to be condemned (no longer refilled). or his agent, indicating the number of F. C. T urner, pressurizations made. Administrator, Inasmuch as the 3HT cylinders are Federal Highway Administration. lighter and have higher wall stresses ***** [F.R. Doo. 69-9851; Filed, Aug. 19, 1969; than the specification 3AA cylinders used B. In § 173.302 paragraph (a) (2) 8:48 am..] in many compressed gas services, it was would be amended to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 PROPOSED RULE MAKING 13429

§ 173.302 Charging of cylinders with Issued in Washington, D.C., on Au­ non-liquefied compressed gases. gust 15,1969. C. P. Murphy, (a) * * * Rear Admiral, U.S. Coast Guard, (2) Spec. DOT-3HT (§ 178.44 of this by direction of Commandant, chapter) cylinders for aircraft use hav­ V.S. Coast Guard. ing a maximum service life of 15 years. R. N. W hitm an, Authorized only for nonflammable gases. Administrator, Cylinders must be equipped with safety Federal Railroad Administration. relief devices only of the frangible disc F. C. Turner, type which meet the requirements of Administrator, § 173.34(d). Each frangible disc must Federal Highway Administration. have a rated bursting pressure which Sam S chneider, does not exceed 90 percent of the mini­ Board Member for the mum required test pressure of the cylin­ Federal Aviation Administration. der. Discs with fusible metal backing are [F.R. Doc. 69-9848; Filed, Aug. 19, 1969; not permitted. Spec. 3HT cylinders may 8:48 am.] be shipped only when packed in strong outside packagings. ***** FEDERAL COMMUNICATIONS C. In § 173.304 paragraph (a) (2) Table Note 7 would be amended to read COMMISSION as follows: [ 47 CFR Part 97 1 § 173.304 Charging of cylinders with [Docket No. 18540; RM-1311] liquefied compressed gas. LICENSING AND OPERATING EXPE­ (a) * * * RIENCE FOR AMATEUR EXTRA ( 2 ) * * * CLASS LICENSE Note 7: Spec. DOT-3HT (§ 178.44 of this chapter) cylinders for aircraft use having a Order Extending Time for Filing maximum service life of 15 years. Authorized Comments only for nonflammable gases. Cylinders must be equipped with safety relief devices only 1. The American Radio Relay League, - of the frangible disc type which meet the Inc. (ARRL), has requested the Commis­ requirements of § 173.34(d). Bach frangible sion to extend the time for filing com­ disc must have a rated bursting pressure ments in the above-captioned matter which does not exceed 90 percent of the (FCC 69-491), released May 9, 1969. minimum required test pressure of the cyl­ 2. In support of its request, the ARRL inder. Discs with fusible metal backing are not permitted. Spec. 3HT cylinders may be has shown that a combination of unusual shipped only when packed in strong out­ circumstances beyond its control has side packagings. prevented the General Counsel from ade­ * * * * * quately preparing and coordinating com­ ments in response to the notice of pro­ n . Part 178 would be amended as posed rule making by the due date of follows: July 25,1969. A. In § 178.44-13 paragraph (a) would 3. It appears that good cause has been be amended to read as follows: shown and the additional time requested by the ARRL would not unduly delay this § 178.44 Specification 3HT; inside con­ proceeding and that its comments would tainers, seamless steel cylinders for be useful to the Commission in this aircraft use made of definitely pre­ inquiry. scribed steel. 4. In view of the foregoing: It is § 178.44—13 Safety devices and protec­ ordered, Pursuant to § 0.331(b) (4) of the tion for valves, safety devices, and Commission’s rules, that the time for other connections, if applied. filing comments in the above-captioned proceeding is extended to August 26, (a) Must be as required by applicable 1969, and the time for filing reply com­ regulations in Part 173 of this chapter ments is extended to September 12, 1969. (see §§ 173.34(d), 173.302(a)(2), and Adopted: August 13,1969. 173.304(a)(2) Note 7 of this chapter). Released: August 14,1969. This proposal is made under the au­ thority of sections 831-835 of title 18, F ederal Communications Commission, United States Code, section 9 of the De­ [seal] J ames E. B arr, partment of Transportation Act (49 Chief, Safety and Special U.S.C. 1657) and title VI and section 902 Radio Services Bureau. (h) of the Federal Aviation Act of 1958 [F.R. Doc. 69-9889; Filed, Aug. 19, 1969; (49 U.S.C. 1421-1430 and 1472(h)). 8:50 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13430

Notices

Sec. 25, SW&NE^, El^NW^, Ni/2NE}4 trict Court, Goodhue County, Redwing, SW14 , ni/2sw y4n e y4s w y4, s e &n e ^ DEPARTMENT OF THE INTERIOR swy4, wy2SEi4. Minn., of a crime punishable by impris­ Bureau of Land Management onment for a term exceeding 1 year. The lands described above aggregate Unless relief is granted, it will be unlaw­ [S 1201A] 3,021.86 acres. ful for Kenneth V. Mensing, because of CALIFORNIA 4. For a period of 60 days from the such conviction, to ship, transport, or date of publication of this notice in the receive ih interstate or foreign commerce, Notice of Proposed Classification of F ederal R egister, all persons who wish any firearm or ammunition, and he Public Lands for Transfer Out of to submit comments, suggestions, or ob­ would be ineligible for a license under Federal Ownership jections in connection with the proposed chapter 44, title 18, United States Code, classification may present their views in as a firearms or ammunition importer, August 13, 1969, writing to the Ukiah District Manager, manufacturer, dealer, or collector. In ad­ 1. Pursuant to the Act of Septem­ 168 Washington Avenue, Ukiah, Calif. dition, under title VII of the Omnibus ber 19, 1964 (43 U.S.C. 1412) and to the 95482. Crime Control and Safe Streets Act of regulations in 43 CFR Parts 2410 and 5. A hearing on this proposed classifi­ 1968, as amended (82 Stat. 236; 18 U.S.C., 2411, it is proposed to classify the public cation will be held if sufficient public Appendix), because of such conviction, lands described in paragraph 3 for trans­ interest is demonstrated. it would be unlawful for Mr. Mensing to fer out of Federal ownership under State E. J. Petersen, receive, possess, or transport in com­ Indemnity Lieu Selection (43 U.S.C. 851, Acting State Director. merce or affecting commerce, any 852). firearm. [F.R. Doc. 89-9816; Filed, Aug. 19, 1969; 2. Publication of this notice has the 8:46 a.m.] Notice is hereby given that I have con­ effect of segregating the following de­ sidered Kenneth V. Mensing’s applica­ scribed public lands from all forms of tion and have found: disposal under the public land laws, in­ OREGON (1) The conviction was made upon a cluding the mining laws, except the form charge which did not involve the use of of disposal for which it is proposed to Notice of Filing of Plat a firearm or other weapon or a violation classify the lands. However, publication of „chapter 44, title 18, United States does not alter the applicability of the August 13, 1969. 1. Plat of survey of the lands described Code, or of the National Firearms Act; public land laws governing the use of the and lands under lease, license, or permit, or below will be officially filed in the Public govern the disposal of their mineral and Records, Portland, Oreg., effective at 10 (2) It has been established to my sat­ vegetative resources, other than under a.m. on September 18,1969. isfaction that the circumstances regard­ ing the conviction and the applicant’s the mining laws. W illamette Meridian 3. The below-described lands proposed T. 32 S„ R. 7 E„ record and reputation are-such that the to be classified for disposal are located Sec. 19, lots 5 to 16, inclusive; applicant will not be likely to act in a in Lake and Napa Counties north of Sec. 30, lots 5 to 16, inclusive; manner dangerous to public safety, and Sec. 31, lots 5 to 16, inclusive. that the granting of the relief would Calistoga. The proposal has been dis­ not be contrary to the public interest. cussed and analyzed in detail with the The areas described aggregate 1,399.85 State of California, the county and with acres. Therefore, pursuant to the authority other agencies, groups and individuals. 2. All of the lands described in para­ vested in the Secretary of the Treasury Maps and other information are avail­ by section 925(c), title 18, United States graph 1 are withdrawn for the Winema Code and delegated to me by 26 CFR able for inspection in the Ukiah District National Forest. The land in lots 7, 8, 178.144: It is ordered, That Kenneth V. Office and in the Sacramento Land Office. and 13 of sec. 19 is included in Forest Mensing be, and hereby is, granted relief The lands are needed by the State of Exchange application, Serial No. OR 4677, and is segregated in accordance from any and all disabilities imposed by California to further the development of with 43 CFR 2244.1-2 (h) from appropri­ Federal laws with respect to the acquisi­ Mount St. Helena State Park. ation under the public land laws, includ­ tion, receipt, transfer, shipment, or pos­ ing the mining laws. The remaining land session of firearms and incurred by P utah Creek Planning Un it reason of the conviction hereinabove by this order is hereby opened to such described. l a k e AND NAPA COUNTIES----MOUNT DIABLO forms of disposition as may by law be MERIDIAN made of national forest land. Signed at Washington, D.C., this 13th For disposal pursuant to State Indemnity day of August 1969. Lieu Selection Act (43 U.S.C. 851, 852): I rving W. Anderson, Manager, Land Office. [seal] R andolph W. Thrower, Land Description: Commissioner of Internal Revenue. [F.R. Doc. 69-9827; Filed, Aug. 19, 1969; T. 9 N., R. 6 W„ 8:47 a.m.] [F.R. Doc. 69-9843; Filed, Aug. 19, 1969; Sec. 3, Wi/2SW%, SE14 SW&; 8:47 a.m.] Sec. 4, Lots 3, 6 , 7, Sy2SE^; Sec. 9, Lots 4, 5, 10, 11, 12, 13, 14, 15, and 16; PETER M. PERRELLA Sec. 15, all; DEPARTMENT OF THE TREASURY Notice of Granting of Relief Sec. 17, Ey2 Ei/2; Infernal Revenue Service Sec. 19, Ei/2 SEi4;' Notice is hereby given that Peter M. Sec. 20, SW14 NE14 , SEi4NWi4, SW1^, NW1/4 KENNETH V. MENSING SE}4; Perrella, Box 156, Keewatin, Minn. 55753, Sec. 21, SW ^SE^, Ei/2 SE^; _ Notice of Granting of Relief has applied for relief from disabilities Sec. 22, SW1/4NW1/4 , Wi/2 SWy4; imposed by Federal laws with respect to Sec. 29, NE%NWy4. Notice is hereby given that Kenneth the acquisition, receipt, transfer, ship­ V. Mensing, 403 SE. Fourth Street, Stew- T. 10 N„ R. 6 W., ment, or possession of firearms incurred Sec. 19, Lot 3, NE%SW%, W ^SE^; artville, Minn. 55976, has applied' for by reason of his conviction on or about Sec. 29, NW&SW&; relief from disabilities imposed by Fed­ June 7, 1933, by the District Court at Sec. 30, Lots 2 and 3, N%NEJ4, SE&NE^. eral laws with respect to the acquisition, Grand Rapids, Itasca County, Minn., of a T. 10 N„ R. 7 W., Receipt, transfer, shipment, or possession crime punishable by imprisonment for Sec. 23, Lots 4 and 6 ; of firearms incurred by reason of his con­ a term exceeding 1 year. Unless relief is Sec. 24, NE^NW%, S%NW%, SE&; viction on January 23, 1947, by the Dis­ granted, it will be unlawful for Peter M.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13431

Perrella, because of such conviction, to University of Alabama Medical Center, 1919 St. Mary’s Hospital Medical Center, 2200 Seventh Avenue South, Birmingham 35233. Hayes Street, San Francisco 94117. ship, transport or receive in interstate Sansum Clinic Research Foundation, 2219 or foreign commerce any firearm or am­ Alaska Bath Street, Santa Barbara 93102. munition, and he would be ineligible for University of Alaska, College 99701. Scripps Clinic and Research Foundation, 476 a license under chapter 44, title 18, Prospect Street, La Jolla 92037. United States Code as a firearms or am­ Arizona Shell Development Co., AR Division, Post munition importer, manufacturer, dealer Animal Resource Center, Arizona State Office Box 3011, Modesto 95353. or collector. In addition, under title VIE University, Room 236, Tempe 85281. Sonoma State Hospital, Eldridge 95431. of the Omnibus Crime Control and Safe Barrow Neurological Institute of St. Joseph’s Stanford Research Institute, 333 Ravenswood Streets Act of 1968, as amended (82 Stat. Hospital, 350 West Thomas Road, Phoenix Avenue, Menlo Park 94025. 85013. Stanford University School of Medicine, 300 236; 18 U.S.C., Appendix), because of Pasteur Drive, Palo Alto 94304. such conviction, it would be unlawful for Good Samaritan Hospital, 1033 East McDowell State of California Department of Public Mr. Perrella to receive, possess, or trans­ Road, Phoenix 85002. Health, 2151 Berkeley Way, Berkeley 94704. port in commerce or affecting commerce, University of Arizona, Tucson 85721. Surgical Research Laboratory, White Memo­ any firearm. Arkansas rial Medical Center, 1720 Brooklyn Avenue, Los Angeles 90033. Notice is hereby given that I have con­ Animal Behavior Enterprises, Inc., Hot sidered Peter M. Perrella’s application Sutter Community Hospital of Sacramento, Springs 71901. 2820 L Street, Sacramento 95816. and have found: University of Arkansas, Fayetteville 72701. Syntex Corporation Research Division, 3401 (1) The conviction was made upon a University of Arkansas Medical Center, 4301 Hillview Avenue, Palo Alto 94304. charge which did not involve the use of a West Markham, Little Rock 72205. University of Southern California, Depart­ firearm or other weapon or a violation California ment of Vivaria, 2025 Zonal Avenue, Los of Chapter 44, Title 18, United States Angeles 90033. Code, or of the National Firearms Act; Attending Staff Association, Los Angeles University of the Pacific, Pacific Avenue and County Harbor General Hospital, 1000 West Stadium Drive, Stockton 95204. and Carson Street, Torrance 90509. (2) It has been established to my sat­ Attending Staff Association of the Rancho Colorado isfacía on that the circumstances regard­ Los Amigos Hospital, Inc., 12826 Hawthorne Colorado State University, Fort Collins 80521. ing the conviction and the applicant’s Street, Downey 90242. National Jewish Hospital, 3800 East Colfax record and reputation are such that the Bruce Lyon Memorial Research Laboratory, Avenue, Denver 80206. applicant will not be likely to act in a Children’s Hospital, Medical Center of University of Colorado Medical Center, 4200 manner dangerous to public safety, and Northern California, 51st and Grove Streets, East Ninth Street, Denver 80220. Oakland 94609. University of Colorado School of Pharmacy, that the granting of the relief would California Institute of Technology, 1201 East not be contrary to the public interest. California, Pasadena 91109. Boulder 80302. Therefore, pursuant to the authority The California State Colleges, Office of the Connecticut vested in the Secretary of the Treasury Chancellor, 5670 Wilshire Boulevard, Los by section 925(c), title 18, United States Angeles 90036. Connecticut College, Department of Psychol­ Code and delegated to me by 26 CFR Cedars-Sinai Medical Research Institute,. ogy, New London 06320. 178.144: It is ordered, That Peter M. 4833 Fountain Avenue, Los Angeles 90029. Hamilton Standard Division of United Air­ Perrella be, and he hereby is, granted Children’s Hospital of Los Angeles, 4650 Sun­ craft Corp., Biomedical Systems Depart­ set Boulevard, Los Angeles 90027. ment, Windsor Locks 06096. relief from any and all disabilities im­ City of Hope Medical Center, 1500 East Duarte Hartford Hospital, 80 Seymour Street, posed by Federal laws with respect to the Road, Duarte 91010. Hartford 06115. acquisition, receipt, transfer, shipment Cutter Laboratories, Inc., Fourth and Parker The Hospital of St. Raphael, 1450 Chapel or possession of firearms and incurred by Streets, Berkeley 94710. Street, New Haven 06511. reason of the conviction hereinabove The Epoxylite Corp., 1428 North Tyler Ave­ The John B. Pierce Foundation of Connecti­ described. nue, South El Monte 91733. cut, Inc., 290 Congress Avenue, New Haven Eskaton, American River Hospital, 4747 Engle 06519. Signed at Washington, D.C., this 13th Road, Carmichael 95608. Saint Francis Hospital Research Laboratory, day of August 1969. Experimental Surgical Laboratory, Children’s 114 Woodland Street, Hartford 06105. Hospital & Adult Medical Center of San Saint Vincent’s Hospital, 2820 Main Street, [seal] R andolph W. Thrower, Francisco, 3700 California Street, San Fran­ Bridgeport 06606. Commissioner of Internal Revenue. cisco 94119. The University of Connecticut, Storrs 06268. [F.R. Doc. 69-9844; Filed, Aug. 19, 1969; The Hine Laboratories, Inc., 1099 Folsom Yale University School of Medicine, 333 Cedar 8:48 am.] Street, San Francisco 94103. Street, New Haven 06510. Institute for Medical Research of Santa Clara County, 751 South Bascom Avenue, San Delaware Jose 95128. Institute of Medical Sciences, 2361 Clay Atlas Chemical Industries, Inq, Concord Pike DEPARTMENT OF AGRICULTURE Street, San Francisco 94115. and New Murphy Road, Wilmington 19899. Loma Linda University, Loma Linda 92354. E. I. du Pont de Nemours & Co., Elkton Road, Agricultural Research Service Memorial Hospital of Long Beach, 2801 Atlan­ Newark 19711. tic Avenue, Long Beach 90806. Sterwin Laboratories, Inc., Dupont Highway, REGISTERED RESEARCH FACILITIES Mount Zion Hospital and Medical Center, Millsboro 19966. UNDER LABORATORY ANIMAL 1600 Divisadero Street, San Francisco 94115. Stine Laboratory, E. I. du Pont de Nemours & WELFARE ACT National Institute of Scientific Research, Co., Inc., Post Office Box 30, Newark 19711. 12330 Santa Monica Boulevard, Los Angeles University of Delaware, Newark 19714. List of Research Facilities 90023. D istrict of Columbia North American Aviation, Inc., 805 North Pursuant to § 2.127 of the regulations Lapham Street, El Segundo 90245. Children’s Hospital of the District of Colum­ (9 CFR 2.127) under the Act of August 24, Olive View Hospital, Olive View 91330. bia, 2125 13th Street NW., Washington 1966 (80 Stat. 350; 7 U.S.C. 2131 et seq.), Palo Alto Medical Research Foundation, 860 20009. Bryant Street, Palo Alto 94301. Georgetown University, Animal Care Facility, commonly known as the Laboratory Ani­ Pasadena Foundation for Medical Research, 3900 Reservoir Road NW., Washington mal Welfare Act, notice is hereby given 99 North El Moline Avenue, Pasadena, 20007. that, as of August 1, 1969, the following 19901. George Washington University, Washington research facilities were registered under Pasadena Hospital Association, Ltd., 734 Fair- 20006. said Act and regulations as indicated mount Avenue, Pasadena 91105. The Regents of the University of California, Jackson Labs, Inc., 2612 28th Street NE* below: Washington 20018. Alabama University Hall, Berkeley 94720. Research and Education Foundation Medical National Oanners Association, Research Lab­ Auburn University, Auburn 36830. Center, 101 Manchester Avenue, Orange oratory, 1133 20th Street NW* Washington Southern Research Institute, 2000 Ninth 92668. 20036. Avenue South, Birmingham 32505. Research Foundation at Saint Joseph Hos­ Washington Hospital Center, George Hyman Tuskegee Institute, Tuskegee Institute pital in Burbank, Buena Vista at Alameda, Memorial Research Building, 110 Irving 36068. Burbank 91503. StreSl NW* Washington 20010.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13432 NOTICES

F lorida Lifestream Laboratories, Inc., Post Office Box University of Kansas Medical Center and Bigger’s Small Animal Hospital, 2833 South 524, Libertyville 60046. School of Medicine, Rainbow Boulevard at Loyola University, Stritch School of Medi­ 39th Street, Kansas City 66103. Fourth Street, Fort Pierce 33450. cine, 1400 South First Avenue, Hines 6014L Dawson Research Oorp., 114 West Grant K entucky Avenue, Orlando 32806. Michael Reese Hospital and Medical Center, Florida State University, Tallahassee 32306. 29th and Ellis, Chicago 60616. University of Louisville School of Medicine, Mount Sinai Hospital Medical Center, Cali­ 101 West Chestnut, Louisville 40202. Institute of Food and Agriculture Sciences, fornia Avenue at 15th Street, Chicago University of Florida, Gainesville 32601. 60608. Louisiana J. Hillis Miller Health Center and College of National Dairy Products Corp., Box 143, Dan­ Alton Ochsner Medical Foundation, 1520 Medicine, Gainesville 32601. ville 61832. Miami Heart Institute, 4701 North Meridian Jefferson Highway, New Orleans 70121. Avenue, Miami Beach 33140. Nelson M. Percy Medical Research Founda­ Gulf South Research Institute, Poet Office Box tion, Augustana Hospital, 411 West 1177, New Iberia 70560. Mount Sinai Hospital Research Laboratory, Dickens, Chicago 60614. 4300 Alton Road, Miami Beach 33140. Louisiana State University System, Baton Northwestern University, 619 Clark Street, Rouge 70803. University of Florida, Office of the President, Evanston 60201. Gainesville 32601. Loyola School of Dentistry, 6363 St. Charles University of Miami, Coral Gables 33124. Presbyterian-St. Luke’s Hospital, Animal Re­ Avenue, New Orleans 70118. search Facility, 1753 West Congress Park­ Touro Research Institute, 1400 Foucher Georgia way, Chicago 60612. Street, New Orleans 70115. Emory University School of Medicine, Atlanta Rosner-Hixson Laboratories, Division of Art- Tulane University, New Orleans 70118. 30322. nell Co., Inc., 7737 South Chicago Avenue, The Ferst Research Center, Piedmont Hospi­ Chicago 60612. Maine tal, 1968 Peachtree Road NW., Atlanta St. Francis Hospital, Surgical Research De­ The Jackson Laboratory, Bar Harbor 04609. 30309. partment, 355 Ridge Avenue, Evanston Maine Medical Center, 22 B ram hall Street, Medical College at Georgia, Augusta 30902. 60202. Portland 04102. Mercer University, 223 Walton Street NW., St. John’s Hospital Research Laboratories, Atlanta 30303. 1111 North Lincoln Street, Springfield Maryland University of Georgia, Athens 30601. 62702. Baltimore City Hospitals, Surgical Research Southern Illinois University Carbondale Laboratories, 4940 Eastern Avenue, Balti­ Hawaii 62901. more 21224. Pacific Biomedical Research Center, Uni­ The Suburban Cook County Tuberculosis Eastawai Research Laboratory, 234 E. 25th versity of Hawaii, Honolulu. Sanitarium District, 55th & County Line St., Baltimore 21218. The Zaret Foundation, Inc., Room 206, 205 Road, Hinsdale 60521. Eye Research Foundation of Bethesda, 8710 South Vineyard Street, Honolulu. Thompson Research Foundation, Route 1, Old Georgetown Road, Bethesda 20014. Box 97, Monee 60449. Idaho Flow Laboratories, Inc., 12601 Twinbrook Travenol Laboratories, Inc., 6301 Lincoln Parkway, Rockville 20852. Idaho State University, Pocatello 83201. Avenue, Morton Grove 60053. Hlttman Associates, Inc., Poet Office Box 810, The University of Chicago, 950 East 59th Illinois Columbia 21043. Street, Chicago 60637. Huntington Research Center, Box 6857, Bal­ Abbott Laboratories, 1400 Sheridan Road, University of Illinois, Urbana 61801. timore 21204. North Chicago 60064. University of Illinois at Chicago Circle, 2833 The Johns Hopkins University, 34th and Affiliated Laboratories Corp., Lincoln Road, University Hall, Chicago 60680. Charles Street, Baltimore 21218. White Hall 62092.. University of Illinois at the Medical Center, Mercy Hospital, Inc., Department of Surgery, Argonne National Laboratory, 9700 South 833 South Wood Street, Chicago 60612. 301 St. Paul Place, Baltimore 21201. Cass Avenue, Argonne 60439. Wilson & Co., Inc.t Research & Technical Microbiological Associates, Inc., 4733 Be­ Armour Pharmaceutical Co., Post Office Box Division, 4200 South Marshfield Avenue, thesda Avenue, Bethesda 20014. 511, Kankakee' 60901. Chicago 60609. Sacred Heart Hospital, 900 Seton Drive, Cum­ Arnar-Stone Laboratories, 601 East Kensing­ Wilson Laboratories, 4221 South Western berland 21502. ton Road, Mount Prospect 60056. Boulevard, Chicago 60609. St. Joseph Hospital, 7620 York Road, Balti­ Chicago College of Osteopathy, 1122 East 53rd Indiana more 21204. Street, Chicago 60615. Sinai Hospital of Baltimore, Inc., Belvedere The Chicago Medical School, 710 South Wol­ Central Soya Company, Inc., Research Feed Avenue at Greenspring, Baltimore 21215. cott Avenue, Chicago 60612. Division, Decatur 46733. University of Maryland, Baltimore City Children’s Memorial Hospital, 2300 Children’s Earlham College, Richmond 47374. Campus, Baltimore 21201. Plaza, Chicago 60614. Eli Lilly and Co., 740 South' Alabama, University of Maryland, College Park 20742. Cook County Graduate School of Medicine, Indianapolis 46206. 707 South Wood Street, Chicago 60612. Indiana University, Bloomington 47401. Massachusetts Edgewater Hospital, 5700 North Ashland, Mead Johnson & Co., 2404 Pennsylvania Ave­ Astra Pharmaceutical Products, Inc., 7% Chicago 60626. nue, Evansville 47721. Neponset Street, Worcester 01606. Evanston Hospital, 2650 Ridge Avenue, Evans­ Miles Laboratories, Inc., Therapeutics Re­ Avoo Everett Research Laboratory, 2385 ton 60201. search Laboratory, Elkhart 46514. Revere Beach Parkway, Everett 02149. Galesburg State Research Hospital, Galesburg Purdue University, Purdue Research Foun­ Beth Israel Hospital Animal Unit, 330 Brook­ 61401. dation, Lafayette 47907. line Avenue, Boston 02215. G. D. Searle & Co., Box 5110, Chicago 60680. Rose Polytechnic Institute, 5500 Wabash Boston City Hospital, Department of Health General Foods Corp., c/o Gaines Research Avenue, Terre Haute 47803. and Hospitals, 818 Harrison Avenue, Bos­ Kennels, Rural Route 3, St. Anne 60964. I owa ton 02118. George Williams College, 555 31st Street, Boston University, 80 East Concord Street, Downers Grove 60515. College of Osteopathic Medicine & Surgery, Boston 02118. John A. Hartford Foundation, Lutheran Gen­ 720 Sixth Avenue, Des Moines 50309. Brandeis University, Waltham 02154. eral Hospital, 1775 Dempster, Park Ridge Diamond Laboratories, Inc., Post Office Box Carney Hospital Research Laboratory, 2100 60068. 863, Des Moines 50304. Dorchester Avenue, Boston 02124. Hektoen Institute for Medical Research of DraJce University, Des Moines 50311. Children’s Cancer Research Foundation, 35 the Cook County Hospital, 627 South Wood Iowa Methodist Hospital, 1200 Pleasant Binney Street, Boston 02115. Street, Chicago 60612. Street, Des Moines 50308. Children’s Hospital Medical Center, 300 Long- IIT Research Institute, 10 West 35th Street, Iowa State University, Ames 50010. wood Avenue, Boston 02115. Chicago 60616. University of Iowa, Iowa City 52240. Clark University, 950 Main Street, Worcester Illinois Institute of Technology, 3300 South 01610. K ansas Federal Street, Chicago 60616. Electrodyne, Route 1, Sharon 02067. Illinois State University, Normal 61761. Biotec Laboratories, Inc., 9426 Rosehill Road, Harvard University, Cambridge 02138. Industrial Bio*Test Laboratories, Inc., 1810 Lenexa 66215. Howe Laboratory of Opthalmology, Massa­ Frontage Road, Northbrook 60062. Chemagro Corporation, Post Office Box 4913, chusetts Eye & Ear Infirmary, 243 Charles Institute for Bio-Medical Research, American Hawthorn Road, Kansas City 64120. Street, Boston 02114. Medical Association, 535 North Dearborn Haver-Lockhart Laboratories, Post Office Box Lahey Clinic Foundation, 605 Commonwealth Street, Chicago 60610. 390, Shawnee Mission 66201. Avenue, Boston 02215. Interscience Research Institute, Post Office Laboratory Animal Care Committee, Kansas Lemuel Shattuck Hospital, Department of Box 2580, Station A, Interstate Research State University, Manhattan 66502. Research, 170 Morton Street, Jamaica Park, Champaign 61824. National Laboratories, 1722 Main Street, Kan­ Plain 02130. Kendall Research Center, 411 Lake Zurich sas City 64108. Arthur D. Little, Inc., 25 Acorn Park, Cam­ Road, Barrington 60010. The University of Kansas, Lawrence 66044. bridge 02140.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13433

Masoii Research Institute, Inc., 21 Harvard The Upjohn Co., 301 Henrietta Street, Kala­ University of Nebraska, 14th and R Streets, Street, Worcestershire 01608. mazoo 49001. Lincoln 68508. Massachusetts College of Pharmacy, 179 University of Detroit, School of Dentistry, New Hampshire Longwood Avenue, Boston 02115. 2985 East Jefferson, Detroit 48207. Massachusetts Eye and Ear Infirmary, 243 University of Michigan, Ann Arbor 48104. Animal Research Facilities, Dartmouth, Charles Street, Boston 02114. Wayne County General Hospital, Eloise 48132. Medical School, Medical Science Building, Massachusetts General Hospital, Boston Wayne State University, Animal Care Facility, Hanover 03755. 02114. Detroit 48202. New Jersey Massachusetts Institute of Technology, 77 W. D. Fryfogle Medical Research Laboratory, Massachusetts Avenue, Cambridge 02139. Nine Mile Medical Building, 15901 West AME Associates, Post Office Box 57, Princeton The Memorial Hospital Research Laboratory, Nine Mile Road, Southfield 48075. 08540. 119 Belmont Street, Worcester 01605. Bio/dynamics, Inc., Post Office Box 43, Éast NEN Biomedical Assay Laboratories, 615 Minnesota Millstone 08873. Albany Street, Boston 02118. Mayo Foundation, 200 First Street SW., Biological Science Laboratories, Foster D. New England Medical Center Hospitals, 171 Rochester 55901. Snell, Inc., 800 Dowd Avenue, Elizabeth Harrison Avenue, Boston 02111. Minnesota Mining & Manufacturing Co., 07021. Northeastern University, 360 Huntington Central Research Laboratories, 2301 Hud­ Bristol-Myers Products, 225 Long Avenue, Avenue, Boston 02115. son Road, St. Paul 55101. Hillside 07205. Peter Bent Brigham Hospital, 721 Huntington Minneapolis Medical Research Foundation, Campbell Soup Co., Research Institute, 375 Avenue, Boston 02115. Inc., Hennepin County General Hospital, Memorial Avenue, Camden 08101. Retina Foundation, 20 Staniford Street, Bos­ 619 South Fifth Street, Minneapolis 55415. CIBA Pharmaceutical Co., 556 Morris Ave­ ton 02114. Mount Sinai Hospital, 22nd and Chicago nue, Summit 07901. St. Elizabeth’s Hospital, Department of Re­ Avenue, Minneapolis 55404. Colgate-Palmolive Co., 909 River Road, search, 736 Cambridge Street, Brighton North Star Research & Development In­ Piscataway 08854. 02135. stitute, 3100 38th Avenue S., Minneapolis Cyanamid Foundation for Agricultural De­ St. Vincent Hospital, 25 Winthrop Street, 55406. velopment, Post Office Box 400, Princeton Worcester 01610. St. Joseph’s Research Laboratory, 69 West 08540. Sears Surgical Laboratory, Bpston City Hos­ Exchange Street, St. Paul 55102. Division of Laboratories, New Jersey Depart­ pital, 818 Harrison Avenue, Boston 02118. St. Mary’s Hospital, Research Laboratory, ment of Health, Box 1540, Trenton 08625. Shriners Burns Institute, 50 Blossom Street, 2414 South Seventh Street, Minneapolis E. R. Squibb & Sons, Inc., 745 Fifth Avenue, Boston 02114. 55406. New York 10022 and Georges Road, New Thermo Electron Corp., 85 First Avenue, St. Paul-Ramsey Hospital, 640 Jackson Street, Brunswick 08903. Waltham 02154. Saint Paul 55101. Ethicon Research Foundation, U.S. Highway Tufts University School of Medicine, 136 University of Minnesota, Minneapolis 55455. 22, Somerville 08876. Harrison Avenue, Boston 02111. Fairleigh Dickinson University, Dental Re­ Worcester Foundation for Experimental Mississippi search Building, 1000 River Road, Teaneck Biology, 222 Maple Avenue, Shrewsbury University of Mississippi Medical Center, 07666. 01545. 2500 North State Street, Jackson 39216. Hakensack Hospital, Cardio Pulmonary Ani­ Michigan The University of Mississippi, Office of the mal Laboratory, Hospital Place Hakensack Chancellor, University 38677. . 07001. Blodget Memorial Hospital, 1840 Wealth, SE., Hoffman-LaRoche, Inc., 340 Kingsland Street, Grand Rapids 49506. Missouri Nutley 07110. Bureau of Laboratories, Michigan Department Hospital Center at Orange, Cardiac Research of Public Health, 3500 North Logan, Lan­ The Curators of the University of Missouri, Laboratory, 188 South Essex Avenue, sing 48914. Columbia 65201. Orange 07051. Butterworth Hospital, 100 Michigan NE„ Institute of Medical Education & Research, Institute for Medical Research, Cope wood Grand Rapids 49503. 1605 South 14th Street, St. Louis 63104. Street, Camden 08103. Detroit Osteopathic Hospital! 12523 Third The Jewish Hospital of St. Louis, 216 South Johnson & Johnson Research Foundation, Avenue, Detroit 48203. Kingshighway Boulevard, St. Louis 63110. Route 1, New Brunswick 08903. The Dow Chemical Co., Midland 48640. Kansas City General Hospital & Medical K-G Laboratories, Inc., 3651 Hill Road, Flint Osteopathic Hospital, Department of Center, Research Animal Care Unit, 24th Parsippany 07054. Pathology, 3921 Beecher Road, Flint 48502. and Cherry Streets, Kansas City 64108. Leberco Laboratories, 123 Hawthorne Street, Ferris State College, Big Rapids 49307. Kirksville College of Osteopathy & Surgery, Roselle Park 07204. Henry Ford Hospital & Edsel B. Ford Institute Kirlisville 63501. Merck & Co., Inc., 126 East Lincoln Avenue, for Medical Research, 2799 West Grand Mallinckrodt Chemical Works, Second and Rahway 07065. Boulevard, Detroit 48202. Mallinckrodt Streets, St. Louis 63160. Middlesex General Hospital, 180 Somerset Hurley Hospital Research Facilities, Sixth Menorah Medical Center, 4949 Rockhill Road, Street, New Brunswick 08901. Avenue and Begole, Flint 48502. Kansas City 64110. Monmouth Medical Center, Department of Ingham Medical Hospital, 401 West Green- Midwest Research Institute, 425 Volker Physiology & Clinical Research, 3rd and lawn, Lansing 48910. Boulevard, Kansas City 64114. Pavilion Avenues, Long Branch 07740. International Research & Development Corp., Missouri Institute -of Psychiatry, 5400 Ar­ Newark Beth Israel Hospital, 201 Lyons Ave­ 900 Main Street, Mattawan 49071. senal Street, St. Louis 63139. nue, Newark 07112. Lafayette Clinic, 951 East Lafayette, Detroit Philips Roxane, Inc., 2621 North Belt High­ New Jersey College of Medicine and Den­ 48207. way, St. Joseph 64502. tistry, 24 Baldwin Avenue, Jersey City Michigan State University, East Lansing Ralston Purina Co., 835 South Sixth Street, 07306. 48823. St. Louis 63199. New Jersey Mental Health Research & De­ Mount Carmel Mercy Hospital, Animal Re­ St. John’s Mercy Hospital, Research Labora­ velopment Fund, Post Office Box 25, Skill- search Laboratory, 6071 West Outer Drive, tory, 621 South New Balias Road, St. Louis man 08558. Detroit 48235. 63141. Ortho Research Institute, U.S. Highway 202, Northern Michigan University, Marquette Saint Louis University, 1402 South Grand Raritan 08869. 49855. Avenue, Saint Louis 63104. Parke, Davis & Co., G.P.O. Box 118, Detroit Scientific Associates, Inc., 6200 South Lind­ Passaic General Hospital, 350 Boulevard, Pas­ 48232. saic 07055. bergh, St. Louis 63123. Rutgers, The State University, New Bruns­ Pontiac Medical Science Laboratories, Inc., Washington University, Lindell and Skinker wick 08903. 140 Elizabeth Lake, Pontiac 48053. Boulevards, St. Louis 63130. St. Barnabas Medical Center, Old Short Hills Providence Hospital, 16001 Nine Mile Road, Montana Road, Livingston 07039. Southfield 48075. St. Michael Hospital, Research Laboratory, Riverside Osteopathic Hospital, 150 Truax University of Montana, Missoula 59801. 306 High Street, Newark 07102. Street, Trenton 48183. Sandoz Pharmaceuticals, Research Depart­ Nebraska St. Joseph Mercy Hospital, 326 North Ingalls, ment, Hanover 07936. Ann Arbor 48104. The Creighton University, School of Medi­ Schering Corp., 60 Orange Street, Bloomfield Sinai Hospital of Detroit, Division of Re­ cine, 657 North 27th Street, Omaha 68131. 07003. search, 6767 West Outer Drive, Detroit Dellen, Inc., 2704 North 84th Street, Omaha Smith, Miller, and Patch, 401 Joyce Kilmer 48235. Avenue, New Brunswick 08902. 68134. South Mountain Laboratories, 487 Valley Space/Defense Corp., 1600 North Woodward, Elanco Products Co., 1124 Harney Street, Street, Maplewood 07040. Birmingham 48011. Omaha 68102. The Trustees of Princeton University, Office TRICO Research Projects, Inc., 5620 Texas Harris Laboratories, Inc., 624 Peach Street, of Research & Project Administration, New Drive, Kalamazoo 49002. Box 427, Lincoln 68501. South Building, Princeton 08540.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13434 NOTICES

New Jersey—Continued Maimonides Medical Center, 4802 10th Ave­ University of Rochester, School of Medicine nue, Brooklyn 11219. and Dentistry, 260 Crittenden Boulevard, University Laboratories, Inc., 810 North Sec­ Manhattan Eye, Ear & Throat Hospital, 210 Rochester 14620. ond Avenue, Highland Park 08904. East 64th Street, New York 10021. USV Pharmaceutical Corp., Division of Phar­ Warner-Lambert Research Institute, 170 The Mary Imogene Bassett Hospital, Atwell macology, 26 Vark Street, Yonkers 10701. Tabor Road, Morris Plains 07950. Road, Coopers town 13326. Waldemar Medical Research Foundation, Wells Laboratories, Inc., 25-27 Lewis Avenue, Masonic Medical Research Laboratory, Sunnyside Boulevard, Woodbury 11797. Jersey City 07306. Bleecker Street, Utica 13501. Wilson Memorial Hospital, Heart Lung Lab­ New Mexico Meadowbrook Hospital, Animal Research oratory, Broome-D, Johnson City 13790. Laboratory, Post Office Box 175, East Mead­ Yeshiva University Los Alamos Scientific Laboratory, Post Office ow 11554. 55 Fifth Avenue, New York 10003. Box 1663, Los Alamos 87544. The Medical Foundation of Buffalo, 73 High The Lovelace Foundation for Medical Educa­ Street, Buffalo 14203. N orth Carolina tion & Research, 5200 Gibson Boulevard Methodist Hospital of Brooklyn, 506 Sixth Behavior Systems, Inc., 2008 Hillsboro Street, SE„ Albuquerque 87108. Street, Brooklyn 11215. Raleigh 27607. The University of New Mexico, Albuquerque Miliard Fillmore Hospital, Urology Research Duke University, Durham 27706. 87106. Division, 3 Gates Circle, Buffalo 14209. North Carolina State University at Raleigh, New Y ork Misericordia Hospital, 600 East 233d Street, Raleigh 27607, Agway Research Laboratory, 777 Warren Bronx 10466. Research Triangle Institute, Post Office Box Road, Ithaca 14850. Monteflore Hospital and Medical Center, 111 12194, Research Triangle Park 27709. - Albany Medical College, 47 New Scotland East 210th Street, Bronx 10467. R. J. Reynolds Tobacco Research Foundation, Avenue, Albany 12208. The Mount Sinai Hospital, School of Medi­ Winston-Salem 27102. American Cyanamid Co., North Middletown cine, 100 Street and Fifth Avenue, New University of North Carolina, Chapel Hill Road, Pearl River 10965. York 10029. 27514. The American Museum of Natural History, Nassau Hospital, First Street, Mineola 11501. University of North Carolina at Charlotte, Central Avenue West at 79th Street, New New York Medical College, Fifth Avenue at Department of Biology, Charlotte 28205. York 10024. 106th Street, New York 10029. Wake Forest University, Winston-Salem The Animal Medical Center, 510 East 62d New York State Department of Health, Di­ 27109. Street, New York 10021. vision of Laboratory and Research, New Associated Universities, Inc., Brookhaven Scotland Avenue, Albany 12201. North Dakota National Laboratory, Upton, Long Island New York State Department of Mental Hy­ North Dakota State University of Agricul­ 11973. giene, 44 Holland Avenue, Albany 12208. ture and Applied Science, Fargo 58102. Beth Israel Medical Center, 10 Nathan D. New York University, Washington Square, University of North Dakota, School of Medi­ Periman Place, New York 10003. New York 10003. cine, Grand Forks 58201. Biochemex Laboratories, Inc., 1271 Hemp­ North Shore Hospital, Valley Road, Man- stead Turnpike, Elmont 11003. hasset 11030. * Ohio Booth Memorial Hospital, Main Street at The Norwich Pharmacal Co., Post Office Box Akron City Hospital, 525 East Market Street, Booth Memorial Avenue, Flushing 11355. 191, Norwich 13815. Akron 44309. Bristol Laboratories, Post Office Box 657, Philip D. Wilson Research Foundation, 535 Arlington Research Laboratories, Inc., Post Syracuse 13201. East 70th Street, New York 10021. Office Box 161, Plain City 43064. The Bronx-Lebanon Hospital Center, 1276 The Public Health Research Institute of the Battelle Memorial Institute, Columbus Fulton Avenue, Bronx 10456. city of N.Y., Inc., 455 First Avenue, New Laboratories, 505 King Avenue, Columbus The Brookdale Hospital Center, Brookdale York City 10016. 43201. Plaza, Brooklyn 11212. Queens Hospital Center, 8268 164th Street, Jamaica 11432. _ Bio/Toxicological Research Associates, 553 Brooklyn College of Pharmacy, 600 Lafayette North Broadway Street, Spencerville 45887. Avenue, Brooklyn 11216. Rensselaer Polytechnic Institute, Troy 12181. Bowling Green State University, Bowling The Brooklyn Hospital, Animal Research Lab­ Research Institute for Skeletomuscular Dis­ Green 43402. oratory, 121 Dekalb Avenue, Brooklyn e a s e s of the Hospital for Jr. Diseases & Medical Center, 1919 Madison Avenue, New Capital University, Department of Biology, 11201. Columbus 43209. Buffalo General Hospital, Department of York 10035. Revlon Research Center, Inc., 945 Zerega Case Western Reserve, University Circle, Medicine, 100 High Street, Buffalo 14203. Avenue, Bronx 10473. Cleveland 44106. Bureau of Laboratories, City of New York, Richardson-Merrell, Inc., 122 East 42d Street, Children’s Hospital of Akron, Animal Labora­ 455 First Avenue, New York City 10016. tories, Buchtel Avenue at Bowery Streets, Burroughs Wellcome & Co., Inc., 1 Scarsdale New York 10017. The Rockefeller University, York Avenue at Akron 44308. Road, Tuckahoe 10707. 66th, New York 10021. The Children’s Hospital Research Founda­ Carter-Wallace, Inc., 2 Park Avenue, New The Roosevelt Hospital, Surgical Research tion, Elland Avenue and Bethesda, Cincin­ York 10016. Laboratory, 428 West 59th Street, New nati 45229. Charles Pfizer & Co., Inc., 235 East 42d Street, York 10019. Children’s Hospital Research Foundation, New York 10017. St. Barnabas Hospital, Hematology Research, 561 South 17th Street, Columbus 43205. Cornell University, Ithaca 14850. 183rd Street and Third Avenue, Bronx The Cleveland Clinic Foundation, 2020 East Cornell University Medical College, 1300 York 10457. 93d Street, Cleveland 44120. Avenue, New York 10021. St. Luke’s Hospital Center, Amsterdam Ave­ Cleveland Metropolitan General Hospital, E. J. Meyer Memorial Hospital, 462 Grider nue at West 114th Street, New York 10025. 3395 Scranton Road, Cleveland 44109. Street, Buffalo 14215. Cleveland Psychiatric Institute, 1708 Aiken Endo Laboratories, Inc., 1000 Stewart Avenue, St. Vincent’s Hospital and Medical Center of Avenue, Cleveland 44109. Garden City 11533. New York, 153 West 11th Street, New York Cox Coronary Heart Institute, 3525 Southern Food and Drug Research Laboratories, Inc., 10011. Boulevard, Kettering 45429. Maurice Avenue at 58th Street, Maspeth Sisters of Charity Hospital, 2157 Main Street, Fairview General Hospital, 18101 Lorain Ave­ 11378. Buffalo 14214. nue, Cleveland 44111. Geigy Chemical Corp., Geigy Research Divi­ Sloan-Kettering Institute for Cancer Re­ Pels Research Institute, Yellow Springs 45387. sion, Ardsley 10502. search, 410 East 68th Street, New York Good Samaritan Hospital, Animal Research Grasslands Hospital, Valhalla 10595. 10021. Laboratory, 3217 Clifton Avenue, Cincin­ Health Research, Inc., 84 Holland Avenue, South Shore Analytical, 148 Islip Avenue, nati 45220. Albany 12208. Lslip 11751. Highland View Hospital, 3901 Ireland Drive, Institute for Muscle Disease, Inc., 515 East State University of New York, Thurlow Ter­ Cleveland 44122. 71st St., New York 10021. race, Albany 12201. Hill Top Research, Inc., Miamiville 45147. Isaac Albert Research Institute, Jewish Hoechst Pharmaceutical Co., 1385 Tennessee Chronic Disease Hospital, 86 East 49th Syracuse University, 201 Marshall Street, Syracuse 13210. Avenue, Cincinnati 45229. Street, Brooklyn 11203. Institute of the Medical Research of the Jewish Hospital and Medical Center of Brook­ State University, King County Hospital Cen­ Toledo Hospital, 2805 Oatis Avenue, Toledo lyn, 555 Prospect Place, Brooklyn 11238. ter, 451 Clarkson Avenue, Brooklyn 11203. 43606. Lenox Hill Hospital, 100 East 77th Street, Sterling Drug, Inc., Columbia Turnpike, Kent State University, Kent 44240. New York 10021. Rensselaer 12144. Miami University, Office of the President, The L.G.H. Laboratory, Mercy Hospital Asso­ Strasenburgh Laboratories, 755 Jefferson Oxford 45056. ciation, 1000 North Village, Rockville Road, Rochester 14611. Mount Sinai Hospital, University Circle, Centre 11570. The Trustees of Columbia University in city Cleveland 44106. The Long Island College Hospital, 340 Henry of New York, Box 20, Lowe Memorial Oberlin College, Department of Psychology, Street, Brooklyn 11201. Library, New York 10027. Oberlin 44074.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13435

The Ohio State University, 190 North Oval McNeil Laboratories, Inc., Camp Hill Road, Baylor University Medical Center, 3500 Drive, Columbus 43210. Fort Washington 19034. Gaston Avenue, Dallas 75246. Procter & Gamble Co., Post Office Box 30176, Mercy Hospital of Pittsburgh, 1400 Locust Callier Hearing end Speech Center, 1966 In­ Cincinnati 45239. Street, Pittsburgh 15219. wood Road, Dallas 75235. Riverside Methodist Hospital, 3535 Olen- Montefiore Hospital, 3469 Fifth Avenue, Pitts­ Hermann Hospitals, Texas Medical Center, tangy River Road, Columbus 43214. burgh 15213. Houston 77023. St. Joseph’s Hospital, Research Laboratory, The Pennsylvania State University, 207 Old St. Anthony’s Hospital, 735 Ndrth Polk Street, West 20th Street and Broadway, Lorain Main, University Park 16802. Amarillo 79102. 44052. Philadelphia College of Osteopathic Medicine, St. Joseph’s Hospital, 1919 LaBranch, Houston St. Vincent Charity Hospital, Research Divi­ 48th and Spruce Streets, Philadelphia, 77002. sion, 2351 East 22d Street, Cleveland 44115. 19139. St. Paul Hospital, 5909 Harry Hines, Dallas St. Luke’s Hospital Association of Cleveland Philadelphia College of Pharmacy and Sci­ 75235. of the Methodist Church, 11311. Shaker ence, 43rd Street and Kingsessing Avenue, Scott & White Memorial Hospital and Scott Boulevard, Cleveland 44104. Philadelphia 19104. Sherwood and Brindley Foundation, 2401 The University of Akron, Akron 44304. Philadelphia General Hospital, 34th Street South 31st Street, Temple 76501. University of Cincinnati, Clifton Avenue, and Civic Center Boulevard, Philadelphia Southwest Foundation for Research and Edu­ Cincinnati 45221. 19104. cation, Post Office Box 2296, 10,000 West Commerce, San Antonio 78206. Oklahoma Presbyterian University of Pennsylvania Medical Center, 51 North 89th Street, Phil­ Southwest Research Institute, 8500 Culebra Baptist Memorial Hospital, 5800 Northwest adelphia 19104. Road, San Antonio 78206. Grand Boulevard, Oklahoma City 73112. William H. Rorer, Inc., 500 Virginia Drive, Technology Incorporated, Life Sciences Divi­ Oklahoma City University, 2501 North Black- Fort Washington 19034. sion, 8531 North New Braunfels Avenue, welder, Oklahoma City 73106. Sacred Heart Hospital, Fourth and Chew San Antonio 78217. Oklahoma Medical Research Foundation, Streets, Allentown 18102. Texas A & M University, College of Veterinary 825 Northeast 13th Street, Oklahoma City Smith, Kline & French Laboratories, 1500 Medicine, College Station 77843. 73104. Spring Garden Street, Philadelphia 19101. Texas Research Institute of Mental Sciences, Oklahoma State University of Agriculture Temple University of the Commonwealth Texas Medical Center, 1300 Moursund, and Applied Science, Stillwater 74074. Houston 77025. System of Higher Education, Broad and Trinity University, Biology Department, San Southwestern State College, Weatherford Montgomery Streets, Philadelphia 19122. 73096. Antonio 78212. University Health Center of Pittsburgh, Ter­ Trinity University, Department of Psychology, University of Oklahoma, Medical Center, 800 race and DeSoto Streets, Pittsburgh 15213, Northeast 13th Street, Oklahoma City 715 Stadium Drive, San Antonio 78212. University of Pennsylvania, 101 College Hall, University of Houston, 3801 Cullen Boulevard, 73104. Philadelphia 19104. Oregon Houston 77004. The Western Pennsylvania Hospital, 4800 University of Texas, M. D. Anderson Tumor E. Laboratories, 1954 Northwest Pettygrove, Friendship Avenue, Pittsburgh 15224. Institute, 6723 Bertner Avenue, Houston Portland 97209. Westinghouse Electric Corp., Research and 77025. Neurophysiology Research Laboratory, 1015 D e v e lo p m e n t C en ter, Beulah Road, University of Texas at Arlington, Psychology Northwest 22d Avenue, Portland 97210. Churchill Borough, Pittsburgh 15235. Department, Arlington 76010. Oregon State University, Corvallis 97331. Woman’s Medical College of Pennsylvania, University of Texas at Austin, Austin 78712. Pacific University, Optometry Department, 3300 Henry Avenue, Philadelphia 19129. University of Texas Dental Branch, Post Of­ Forest Grove 97116. Wyeth Laboratories, Inic., Post Office Box 8299, fice Box 20068, Houston 70025. Portland State College, Post Office Box 751, Philadelphia 19101. University of Texas Medical Branch, Galves­ Portland 97207. ton 77550. University of Oregon Dental School, 611 P uerto R ico University of Texas Medical School at San Southwest Campus Drive, Portland 97201. University of Puerto Rico, Rio Piedras 00923. Antonio, 715 Stadium Drive, San Antonio University of Oregon Medical School, 3181 78212. Southwest Sam Jackson Park Road, Port­ R hode Island University Of Texas Southwestern Medical land 97201. Brown University, Brown Station, 79 Water­ School at Dallas, 5323 Harry Hines Boule­ Pennsylvania man Street, Providence 02912. vard, Dallas 75235. Martin J. Wagner, Ph. D., Baylor University Albert Einstein Medical Center, York and The Miriam Hospital, 164 Summit Avenue, Providence 02906. College of Dentistry, 800 Mall Street, Dallas Tabor Roads, Philadelphia 19141. 75226. Allegheny General Hospital, 320 East North Our Lady of Fatima Hospital, High Service Avenue, Pittsburgh 15212. Avenue, North Providence 02908. Utah American Electronic Laboratories, Inc., Post Rhode Island Hospital, 593 Eddy Street, Providence 02903. Brigham Young University, College of Bio­ Office Box 552, Lansdale 19446. logical and Agricultural Sciences, 106 Heber Carnegie-Mellon University, 4400 Fifth Ave­ University of Rhode Island, Kingston 02881. nue, Pittsburgh 15213. J. Grant Building, Provo 84601. South Carolina The Children’s Hospital of Philadelphia, 1740 Latter-day Saints Hospital, 325 Eighth Ave­ Bainlbridge Street, Philadelphia 19146. Medical College of South Carolina, 80 Barre nue, Salt Lake City 84103. The Contributors to the Pennsylvania Hos­ Street, Charleston 29401. University of Utah, University Avenue at pital, Eighth and Spruce Streets, Philadel­ Second Street, Salt Lake City 84112. phia 19107. South Dakota Utah State University, Logan 84321. Donald Guthrie Foundation for Medical Re­ South Dakota State University, Brookings Vermont search, 200 South Wilbur Avenue, Sayre 57006. 18840. University of Vermont and State Agricultural The University of South Dakota, Vermillion College, Burlington 05401. Drexel Institute of Technology, 32nd and 57069. Chestnut Street, Philadelphia 19104. T ennessee Virginia Duquesne University of the Holy Ghost, Pittsburgh 15219. Meharry Medical College, 1005 18th Avenue, A. H. Robins Co., Inc., Research Laboratories, Nashville 37208. 1211 Sherwood Avenue, Richmond 23220. Eastern Pennsylvania Psychiatric Institution, Bionetics Research Laboratories, Inc., 101 Henry Avenue and Abbotsford, Philadel­ Oak Ridge Associated University, Medical Division, Post Office Box 117, Oak Ridge West Jefferson Street, Falls Church 22046. phia 19129. 37830. Hazelton Laboratories, Inc., Post Office Box The Hahnemann Medical College and Hos­ The S. E. Massengill Co., 501 Fifth Street, 30, Falls Church 22046. pital of Philadelphia, 230 North Broad Bristol 37620. Medical College of Virginia, Animal Research Street, Philadelphia 19102. The University of Tennessee, Knoxville 37916. Division, 12th and Broad Streets, Richmond Institute for Medical Education and Re­ Vanderbilt University, School of Medicine, 23219. search, The Geisinger Medical Center, Station 17, Nashville 37203. Melpar, Inc., 7700 Arlington Boulevard, Falls Danville 17821. Church 22046. The Jefferson Medical College of Philadel­ T exas The Research Institute of the Norfolk Area, phia, 1025 Walnut Street, Philadelphia Aloon Laboratories, Inc., Post Office Box 1959, Medical Center Authority, 600 Gresham 19107. Fort Worth 76101. Drive, Norfolk 23507. Lankenau Hospital, Lancaster and City Line Bandy Laboratories, Inc., Post Office Box 727, University of Virginia, Charlottesville 22903. Avenues, Philadelphia 19151. Temple 76501. Virginia Polytechnic Institute, Blacksburg La Wall & Harrison Research Laboratories, Baylor University College of Medicine, Terns 24061. Inc., 1921 Walnut Street, Philadelphia Medical Center, 1200 Moursund Avenue, Woodard Research Corp., 12310 Pinecrest 19103. Houston 77025. Road, Post Office Box 405, Herndon 22070.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 No. 159-----5 13436 NOTICES

Washington 121.3001) be amended to provide for the Pacific Northwest Laboratories, Division of DEPARTMENT OF HEALTH, EDU­ safe use of americium-241 as a gamma Battelle Memorial Institute, Post Office Box radiation source for inspecting packaged 999, Richland 99352. food products. Pacific Northwest Research Foundation, 1102 CATION, AND WELFARE Columbia Street, Seattle 98104. Food and Drug Administration Dated: August 13,1969. Providence Hospital, 17th and East Jefferson R. E. Duggan, Street, Seattle 98122. AMDAL CO. Schick Pharmaceutical, Inc., 127 SW. 156th Acting Associate Commissioner Street, Seattle 98166. Notice of Filing of Petition for Food for Compliance. Virginia Mason Research Center, 1000 Seneca Additive Spectinomycin [F.R. Doc. 69-9813; Filed, Aug. 19, 1969; Street, Seattle 98101. 8:46 a.m.] Vivarium Facility, University of Washington, Pursuant to the provisions of the E 610 Health Sciences Building, Seattle Federal Food, Drug, and Cosmetic Act 98105. (sec. 409(b)(5), 72 Stat. 1786; 21 U.S.C. SCHERING CORP. Washington State University, Laboratory Ani­ 348(b) (5)), notice is given that a petition mal Units, Pullman 99163. Notice of Withdrawal of Petition for (40-040V) has been filed by Amdal Co., Food Additives Penicillin, Neomy­ West Virginia Agricultural Division, Abbott Labora­ cin, Polymixin, Prednisone West Virginia University, Morgantown 26506. tories, North Chicago, 111. 60064, propos­ ing amendment of the food additive regu­ Pursuant to the provisions of the Fed­ Wisconsin lations (21 CFR Part 121, Subpart C) eral Food, Drug, and Cosmetic Act (sec. Allen-Bradley Medical Science Laboratory, to provide for the safe use of specti­ 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), 8700 West Wisconsin Avenue, Milwaukee nomycin for the subcutaneous injection the following notice is issued: 53226. of turkeys for treatment of fowl cholera __In accordance with § 121.52 With­ Central Wisconsin Colony and Training caused by P. multocida. School, 317 Knutson Drive, Madison 53704. drawal of petitions without prejudice of Colgate-Palmolive Co., Lakeside Laboratories Dated; August 13,1969. the procedural food additive regulations Division, 1707 East North Avenue, Milwau­ (21 CFR 121.52), Schering Corp., Bloom­ kee 53201. J. K. K irk, field, N.J. 07003, has withdrawn its peti­ Marquette University, School of Medicine, 561 Associate Commissioner, tion (55-004V), notice of which was pub­ North 15th Street, Milwaukee 53233. for Compliance. lished in the F ederal R egister of July 27, Marshfield Clinic Foundation for Medical Re­ 1968 (33 F.R. 10757), proposing the is­ search and Education, 630 South Central [F.R. Doc. 69-9810; Filed, Aug. 19, 1969; Avenue, Marshfield 54449. 8:45 a.m.] suance of a food additive regulation (21 Mount Sinai Hospital, May and Sigmund CFR Part 121) to provide for the safe use of a combination drug containing Winter Research Laboratory, 948 North HERCULES, INC. 12th Street, Milwaukee 53233. penicillin, neomycin, polymixin, and The Regents of the University of Wisconsin, Notice of Filing of Petition for Food prednisone with an inert propellent mix­ 750 University Avenue, Madison 53706. Additives ture of dichlorodifluoromethane and Wisconsin Alumni Research Foundation, 506 dichlorotetrafluoroethane for the treat­ North Walnut, Post Office Box 2037, Madi­ Pursuant to the provisions of the Fed­ ment of mastitis in dairy cattle by udder son 53701. eral Food, Drug, and Cosmetic Act (sec. instillation. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Done at Washington, D.C., this Í4th Dated: August 13,1969. day of August 1969. (b) (5)), notice is given that a petition (FAP 0B2442) has been filed by Hercules, R. E. Duggan, E. E. SauLmon, Inc., Wilmington, Del. 19899, proposing Acting Associate Commissioner Director, Animal Health Divi­ that § 121.2526 Components of paper and for Compliance. sion, Agricultural Research Service. paperboard in contact with aqueous and [F.R. Doc. 69-9814; Filed, Aug. 19, 1969; IF.R. Doc. 69-9887; Filed, Aug. 19, 1969; fatty foods (21 CFR 121.2526) be 8:46 a.m.] 8:50 a.m.] amended to change from 5-molar percent to 20-molar percent the maximum p- Export Marketing Service methacry lyloxy ethyl trimethly lammoni- UNIVERSITY OF CALIFORNIA um methyl sulfate content of acryla- Notice of Withdrawal of Petition for DIRECTOR, PROGRAM OPERATIONS mide-^-methacry lyloxy ethyl trimethyl - Food Additives DIVISION ammonium methyl sulfate copolymer resins presently permitted for use as a Pursuant to the provisions of the Fed­ Redelegation of Authority retention aid and flocculant in the manu­ eral Food, Drug, and Cosmetic Act (sec. By virtue of the authority vested in the facture of paper and paperboard for 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), General Sales Manager, Export Mar­ food-contact use. the following notice is issued: keting Service, by the Secretary of Dated: August 13,1969. In accordance with § 121.52 With­ Agriculture, on June 5, 1969 (34 F.R. drawal of petitions without prejudice of 8963), the Director, Program Operations R. E. Duggan, the procedural food additive regulations Division, Export Marketing Service, is Acting Associate Commissioner, (21 CFR 121.52), the Department of authorized to grant extensions of the for Compliance. Agricultural Engineering, College of 210-day period for submission of docu­ [F.R. Doc. 69-9812; Filed, Aug. 19, 1960; Agriculture, University of California, ments for reimbursement after the ex­ 8:46 a.m.] Davis, Calif. 95616, has withdrawn its piration of the delivery period specified in petition (FAP 8M2314), notice of which the applicable purchase authorization, was published in the F ederal R egister referred to in §§ 17.10(p) and 17.11(f) of INDUSTRIAL DYNAMICS CO. of August 24, 1968 (33 F.R. 12063), pro­ the regulations governing sales of agri­ posing that § 121.3001 Sources of radia­ cultural commodities made available Notice of Filing of Petition for Food tion used for inspection of food, for under title I of the Agricultural Trade Additives inspection of packaged food, and for Development and Assistance Act of 1954 Pursuant to the provisions of the Fed­ controlling food processing (21 CFR (Public Law 480), as amended (7 CFR eral Food, Drug, and Cosmetic Act (sec. 121.3001) be amended to provide for the Part 17). 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 safe use of a radioactive control device Signed at Washington, D.C., on Au­ (b)(5)), notice is given that a petition for inspecting lettuce. gust 15,1969. (FAP OM2440) has been filed by In­ Dated: August 13, 1969. dustrial Dynamics Co., Ltd., 2927 Lomita Clifford G. Pulvermacher, Boulevard, Torrance, Calif. 90503, pro­ R. E. Duggan, General Sales Manager, posing that § 121.3001 Sources of radi­ Acting Associate Commissioner Export Marketing Service. ation used for inspection of food, for for Compliance. [F.R. Doc. 69-9888; Filed, Aug. 19, 1969; inspection of packaged food, and for [F.R. Doc. 69-9811; Filed, Aug. 19, 1969; 8:50 a.m.] controlling food processing (21 CFR 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13437

may, at the discretion of the Court, be fined Loan Bank Board, Washington, D.C. DEPARTMENT OF not more than $10,000. Any other person who 20552, within 30 days of the date this knowingly fails to comply with any regula­ notice appears in the F ederal R egister. tions or rule issued or order given under TRANSPORTATION the provisions of this title, or knowingly [seal] G renville L. Millard, Jr., obstructs or interferes with the exercise of Assistant Secretary, Coast Guard any power conferred by this title, shall be Federal Home Loan Bank Board. similarly punished. [CGFR 69-88] [F.R. Doc. 69-9853; Filed, Aug. 19, 1969; SAN MATEO POINT, SAN CLEMENTE, Dated: August 18,1969. 8:48 a.mr] CALIFORNIA P. E. T rimble, Vice Admiral, U.S. Coast Guard, Security Zone Acting Commandant. By virtue of the authority vested in me [F.R. Doc. 69-9999; Filed, Aug. 19, 1969; ATOMIC ENERGY COMMISSION as Commandant, U.S. Coast Guard, by 10:32 a.m.] [Docket No. 50-286] 49 CFR 1.4 (32 F.R. 5606) and Executive CONSOLIDATED EDISON COMPANY Order 10173 as amended by Executive OF NEW YORK, INC. Orders 10277, 10352, and 11249,1 hereby Federal Aviation Administration affirm for publication in the F ederal Notice of Issuance of Provisional R egister the order of Charles Tighe, ATLANTA AREA OFFICE AT ATLANTA, Construction Permit Rear Admiral, U.S. Coast Guard, Com­ GA. mander, 11th Coast Guard District, who Notice is hereby given that, pursuant has exercised authority as District Com­ Notice of Closing to the initial decision of the Atomic mander, such order reading as follows: Notice is hereby given that on or about Safety and Licensing Board, dated Au­ gust 13, 1969, the Director of the Divi­ California—San Clemente—San Mateo August 24, 1969, the Atlanta Area Office P oint at Atlanta, Ga., will be closed. Services sion of Reactor Licensing has issued Provisional Construction Permit No. security zone established to the aviation public of Georgia, North Carolina, and South Carolina, formerly CPPR-62 to Consolidated Edison Com­ Whereas, pursuant to the request of the provided by this office, will be provided pany of New York, Inc. (Indian Point U.S. Secret Service, and acting under the by the Southern Region Office in Atlanta, Nuclear Generating Unit No. 3), for con­ authority of the Act of June 15, 1917 (40 Ga. This information will be reflected in struction of a pressurized water nuclear Stat. 220) as amended and the regulations reactor at the applicant’s site in the vil­ in Part 6, Subchapter A, Chapter 1, Title 33, the FAA Organization Statement the next time it is reissued. lage of Buchanan, Westchester County, Code of Federal Regulations, and as the Com­ N.Y. The reactor, known as the Indian mander, 11th Coast Guard District, I hereby (Sec. 313(a), 72 Stat. 752; 49 U.S.C. 1354) designate and establish the San Mateo Point Point Nuclear Generating Unit No. 3, is Security Zone in the Pacific Ocean Offshore Issued in Atlanta, Ga., on August 13, designed for initial operation at approx­ from San Mateo Point, San Clemente, Calif. 1969. imately 3,025 thermal megawatts with a Security zone. All water and underwater J ames G. R ogers, net electrical output of approximately areas bounded by and within the perimeter Director, Southern Region. 965 megawatts. defined by the following four points: A copy of the initial decision is on file A. 33°23.0' N„ 117°35.4' W. [F.R. Doc. 69-9872; Filed, Aug. 19, 1969; in the Commission’s Public Document B. 33°22.5' N., 117°36.0'W. 8:49 a.m.] Room, 1717 H Street NW., Washington, C. 33*23,6'N., 117°36.6'W. D. 33°23.8'N., 117*36.0'W. D.C. Points “B” and “C” will be marked by Dated at Bethesda, Md., this 13th day unlighted orange and white horizontally- FEDERAL HOME LOAN BANK BOARD of August 1969. banded, special-purpose, can buoys marked “Security Zone” and equipped with white FIDELITY FINANCIAL CORP. For the Atomic Energy Commission. reflective material. Notice of Receipt of Application for F rank Schroeder, Jr. The regulations. Commencing 1 p.m. P.d.t., Acting Director, August 6, 1969, the area designated herein Approval of Acquisition of Control Division of Reactor Licensing. shall be closed to all vessels and persons, of Fidelity Savings and Loan Asso­ except those vessels and persons authorized [F.R. Doc. 69-9796; Filed, Aug. 19, 1969; by the Commander, 11th Coast Guard Dis­ ciation et al. 8:45 a.m.] trict whenever the San Mateo Point Security August 15,1969. Zone is in effect and being enforced. The Notice is hereby given that the Federal presence of a U.S. Coast Guard Cutter in the Savings & Loan Insurance Corp. has re­ vicinity of the Security Zone will indicate ceived an application from the Fidelity that the Security Zone is in effect and being CIVIL AERONAUTICS BOARD enforced. The Security Zone is open for pub­ Financial Corp., Oakland, Calif., for ap­ [Docket No. 20932] lic use at all other times. All persons and proval of its acquisition of control of the vessels (including surfers and surfboards) Fidelity Savings & Loan Association, NORDAIR LTEE-NORDAIR, LTD. are directed to remain outside the Security Oakland, Calif., Peninsula Savings & Zone when a U.S. Coast Guard Cutter is Loan Association, San Mateo, Calif., and Notice of Postponement of Hearing present in the vicinity. General Savings & Loan Association, Notice is hereby given, pursuant to the Enforcement. This order will be enforced Sacramento, Calif., insured institutions, provisions of the Federal Aviation Act of by the Coast Guard officers and noncommis­ under the provisions of section 408(e) of 1958, as amended, that the public hearing sioned officers assigned to the Coast Guard the National Housing Act, as amended in the above-entitled matter now as­ Cutter patrolling the Security Zone. The aid of other federal, state, municipal and private (12 U.S.C. 1730(a)), and § 584.4 of the signed to be held on September 3,1969, is agencies may be enlisted in the enforcement Regulations for Savings and Loan Hold­ hereby postponed to October 7, 1969, at of this order. ing Companies. The proposed acquisi­ 10 a.m., e.d.s.t., in Room 911, Universal Penalties for violation. Penalties for vio­ tions are to be effected by the exchange Building, 1825 Connecticut Avenue NW., lation of the above order are provided by of all or substantially all of the issued and section 2. Title II of the Act of June 15, 1917, outstanding stock of Fidelity Savings & Washington, D.C., before the undersigned as amended (50 U.S.C. 192) : Loan Association and Peninsula Savings examiner. If any owner, agent, master, officer, or per­ & Loan Association, and approximately son in charge, or any member of the crew of Dated at Washington, D.C., August 14, 80 percent of such stock of General Sav­ 1969. any vessel fails to comply with any regula­ ings & Loan Association for stock of tions or rule issued or order given under the Fidelity Financial Corp. Comments on [ seal ] J oseph L. F itzmaurice , provision of this title, or obstructs or inter­ Hearing Examiner. feres with the exercise of any power conferred the proposed acquisition should be sub­ by this title, he shall be punished by im­ mitted to the Director, Office of Exami­ [F.R. Doc. 69-9835; Filed, Aug. 19, 1969; prisonment for not more than 10 years and nations and Supervision, Federal Home 8:47 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13438 NOTICES

STATES STEAMSHIP CO. AND CHINA agreement (as indicated hereinafter) CIVIL SERVICE COMMISSION NAVIGATION CO. and the comments should indicate that this has been done. OFFICE OF ECONOMIC Notice of Agreement Fifed OPPORTUNITY Notice of agreement filed by: Notice is hereby given that the follow­ Mr. Ned E. Cook, Rates and Conferences De­ Notice of Grant of Authority To Moke ing agreement has been filed with the partment, States Steamship Co., 320 Cali­ Noncareer Executive Assignment Commission for approval pursuant to fornia Street, San Francisco, Calif. 94104. Under authority of § 9.20 of Civil Serv­ section 15 of the Shipping Act, 1916, as Agreement Nos. 9170-1, 9273-1, 9274-1, ice Rule IX (5 CPR 9.20), the Civil Serv­ amended (39 Stat. 733, 75 Stat. 763, 46 and 9278-1 between States Steamship Co. ice Commission authorizes the Office of U.S.C. 814). and Indo-Chlna Steam Navigation Co., Economic Opportunity to fill by non­ Interested parties may inspect and Ltd., American Mail Line Ltd., Everett career executive assignment in the obtain a copy of the agreement at the Orient Line, Inc., and Johnson Line, re­ excepted service the position of General Washington office of the Federal Mari­ spectively, redefines the geographical Counsel, Office of the General Counsel. time Commission, 1405 I Street NW., trade area covered by each basic trans­ Room 1202; or may inspect agreements shipment agreement by the addition of United States Civil Serv­ at the office of the District Managers, Hawaii thereto. ice Commission, New York, N.Y., New Orleans, La., and I seal] J ames C. Spry, San Francisco, Calif. Comments with Dated: August 14, 1969. Executive Assistant to reference to an agreement including a By order of the Federal Maritime Com­ the Commissioners. request for hearing, if desired, may be mission. [F.R. Doc. 69-9881; Filed, Aug. 19, 1969; submitted to the Secretary, Federal T homas Lis i, 8:50 a.m.] Maritime Commission, Washington, D.C. Secretary. 20573, within 20 days after publication [F.R. Doc. 69-9885; Filed, Aug. 19, 1969; of this notice in the F ederal R egister. 8:50 ajn.] A opy of any such statement should also FEDERAL MARITIME COMMISSION be forwarded to the party filing the STATES STEAMSHIP CO. AND agreement (as indicated hereinafter) and U.S. ATLANTIC & GULF-HAITI the comments should indicate that this CONFERENCE AUSTRALIA-WEST PACIFIC LINE has been done. Notice of Agreement Filed Notice of agreement filed by: Notice of Agreement Filed Notice is hereby given that the follow­ Mr. Ned E. Cook, Rates and Conferences De­ Notice is hereby given that the follow­ ing agreement has been filed with the partment, States Steamship Co., 320 Cali­ ing agreement has been filed with the Commission for approval pursuant to fornia Street, San Francisco, Calif. 94104. Commission for approval pursuant to section 15 of the Shipping Act, 1916, as Agreement No. 9423-1 between States section 15 of the Shipping Act, 1916, as amended (39 Stat. 733, 75 Stat. 763, 46 Steamship Co. and China Navigation Co. amended (39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814). amends paragraph No. 1 of the basic U.S.C. 814). Interested parties may inspect and transshipment agreement. The modifi­ Interested parties may inspect and ob­ obtain a copy of the agreement at the cation expands the geographic scope tain a copy of the agreement(s) at the Washington office of the Federal Mari­ covered by the basic agreement by the Washington office of the Federal Mari­ time Commission, 1405 I Street NW., addition of the transportation of cargo time Commission, 1405 I Street NW., Room 1202; or may inspect agreements inbound from New Britain and New Room 1202; or may inspect agreements at the office of the District Managers, Guinea to the West Coast of the United at the office of the District Managers, New York, N.Y., New Orleans, La., and States and Hawaii. New York, N.Y., New Orleans, La., and San Francisco, Calif. Comments with San Francisco, Calif. Comments with Dated: August 15, 1969. reference to an agreement including a reference to an agreement including a request for hearing, if desired, may be By order of the Federal Maritime Com­ request for hearing, if desired, may be submitted to the Secretary, Federal mission. submitted to the Secretary, Federal Maritime Commission, Washington, D.C. T homas Lisi, Maritime Commission, Washington, D.C. 20573, within 20 days after publication Secretary. 20573, within 20 days after publication of this notice in the F ederal R egister. of this notice in the F ederal R egister. A [F.R. Doc. 69-9883; Filed, Aug. 19, 1969; copy of any such statement should also 8:50 a.m.] A copy of any such statement should be forwarded to the party filing the also be forwarded to the party filing the agreement (as indicated hereinafter), agreement (as indicated hereinafter) and the comments should indicate that STATES STEAMSHIP CO. ET AL. and the comments should indicate that this has been done. this has been done. Notice of agreement filed by: Notice of Agreement Filed Notice of agreement filed by: Mr. Ned E. Cook, Rates and Conferences De­ Notice is hereby given that the follow­ Mr. C. D. Marshall, Chairman, U.S. Atlantic partment, States Steamship Co., 320 Cali­ ing agreement has been filed with the & Gulf-Haiti Conference, 11 Broadway, fornia Street, San Francisco, Calif. 94104. Commission for approval pursuant to New York, N.Y, 10004. Agreement No. 9286-1 between States section 15 of the Shipping Act, 1916, as Agreement No. 8120-9, between the Steamship Co. and Australia-West Pa­ amended (39 Stat. 733, 75 Stat. 763, 46 member lines of the U.S. Atlantic & cific Line amends paragraph No. 1 of the U.S.C.814). Gulf-Haiti Conference, amends the basic basic transshipment agreement. The Interested parties may inspect and ob­ agreement by modifying (1) Article 9(c) modification expands the geographic tain a copy of the agreement at the which presently provides that a quorum scope covered by the basic agreement by Washington office of the Federal Mari­ for any meeting shall consist of three- the addition of the transportation of time Commission, 1405 I Street NW., quarters of the members of the Con­ cargo inbound from New Britain and Room 1202; or may inspect agreements ference, except when considering modi­ New Guinea to the West Coast of the at the office of the District Managers, fication of the agreement, in which case New York, N.Y.y New Orleans, La., and a quorum shall consist of all the mem­ United States and Hawaii. San Francisco, Calif. Comments with bers, to provide that when the member­ Dated: August 15, 1969. reference to an agreement including a ship consists of four or more members request for hearing, if desired, may be By order of the Federal Maritime a quorum for any meeting shall consist submitted to the Secretary, Federal Mari­ of three-quarters of the members, when Commission. time Commission, Washington, D.C. T homas Lis i, the membership consists of less than Secretary. 20573, within 20 days after publication four members a quorum for any meeting of this notice in the F ederal R egister. shall consist of all the members less one [F.R. Doc. 60-9882; Filed, Aug. 19, 1969; A copy of any such statement should and at meetings when considering modi­ 8:50 a.m.] also be forwarded to the party filing the fication of the agreement a quorum shall

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13439 consist of all the members regardless of event the tariff pages hereby placed under Commission by order issued June 17, the number of members, and (2) Article investigation are changed, amended or 1969, suspended for 5 months Atlan­ 9(e) which presently provides that reissued before the investigation has tic’s rate filing in docket No. RI69-809 action taken at a Conference meeting, been concluded, such changed, amended, until November 22, 1969, and thereafter except as otherwise provided in the or reissued matter will be included in until made effective in the manner pre­ agreement, shall require the vote of this investigation; scribed by the Natural Gas Act. three-quarters of the members present, It is further ordered, That Puerto Atlantic is contractually due a base to provide that when the membership Rican Forwarding Co., Inc., be named rate of 22 cents plus 1.135 cents tax reim­ consists of four or more members, action as respondent in this proceeding; bursement plus upward B.t.u. adjustment taken at a Conference meeting shall re­ It is further ordered, That the pro­ estimated to be 1 cent. However, due to quire the vote of three-quarters of the ceeding be assigned for public hearing an arithmetical error in the original members present and when the member­ before an examiner of the Commission’s filing, the proposed increased rate was ship consists of less than four members, Office of hearing examiners and that the shown as 24.1325 cents, including B.t.u. the vote of all members less one shall be hearing be held at a date and a place adjustment, whereas it should have been required. to be determined and announced by the showfx as 24.135 cents. Accordingly, At­ presiding examiner; lantic has submitted a letter of correc­ Dated: August 14, 1969. It is further ordered, That (I) a copy tion dated July 15, 1969, requesting that By order of the Federal Maritime of this order shall forthwith be served the correct 24.135 cents rate (including Commission. on the respondent herein and published B.t.u. adjustment) be substituted for the Thomas Lisi, in the F ederal R egister; and (II) the previously suspended 24.1325 cents rate. Secretary. said respondent be duly served with Atlantic’s correction letter dated July 15, [F.R. Doc. 69-9884; Filed, Aug. 19, 1969; notice of the time and place of the 1969, is being treated as a notice of 8:50 a.m.] hearing. change and designated as Supplement All persons (including individuals, No. 1 to Supplement No. 45 to Atlantic’s corporations, associations, firms, part­ FPC Gas Rate Schedule No. 443. The [Docket No. 69-39] nerships, and public bodies) having an corrected rate filing is set forth in Ap­ interest in this proceeding and desiring pendix “A” hereof. PUERTO RICAN FORWARDING CO., to intervene therein, should notify the Atlantic’s proposed 24.135 cents per INC. Secretary of the Commission promptly Mcf rates exceed the area ceiling for in­ General Investigation of Rates in and file petitions for leave to intervene creased rates in the Oklahoma “Other” in accordance with rule 5(1) of the and Panhandle Areas as announced in Atlantic/Puerto Rico Trade Commission’s rules of practice and pro­ the Commission’s statement of general There has been filed with the Federal cedure (46 CFR 502.72) with a copy to policy No. 61-1, as amended, as did the Maritime Commission by Puerto Rican all parties to this proceeding. previously suspended rates in said docket. Forwarding Co., Inc., a nonvessel oper­ In these circumstances we believe that ating common carrier by Water in the By the Commission. it would be in the public interest to ac­ domestic trades, Supplement No. 1 to its [seal] Thomas Lis i, cept Atlantic’s corrective rate filing sub­ Freight Tariff FMC-F No. 3 which will, Secretary. ject to the suspension proceeding in upon becoming effective September 16, [F.R. Doc. 69-9886; Filed, Aug. 19, 1969; docket No. RI69-809, with the suspen­ 1969, generally increase rates between 8:50 a.m.]' sion period of such substitute rate filing New York, Jacksonville, and Miami on to terminate concurrently with the sus­ the one hand, and ports in Puerto Rico pension period (Nov. 22, 1969) of the on the other. original filing in said docket. Upon consideration of the said supple­ FEDERAL POWER COMMISSION The Commission orders: ment, there is reason to believe that the (A) The suspension order issued general revenue level resulting from said [Docket No. RI69-809] June 17, 1969, in docket No. RI69-809, is increased rates, together with all gov­ ATLANTIC RICHFIELD CO. ET AL. amended only so far as to permit the erning rules and regulations, should be 24.135 cents per Mcf rates contained in made the subject of a public investiga­ Order Amending Order Providing for Supplement No. 1 to Supplement No. 45 tion and hearing to determine Whether Hearings on and Suspension of to Atlantic’s FPC Gas Rate Schedule No. it is unjust, unreasonable, or otherwise Proposed Changes in Rates To Per­ 443 to be filed in lieu of the 24.1325 cents unlawful under section 18(a) of the mit Substitute Rate Filing per Mcf rates provided by Supplement No. Shipping Act, 1916 and/or sections 3 and 45 to the aforementioned rate schedule, 4 of the Intercoastal Shipping Act, 1933. August 13, 1969. subject to the suspension proceeding in Therefore it is ordered, That pursuant On May 22, 1969, Atlantic Richfield docket No. RI69-809. The suspension to the authority of sections 18(a) and Co. (Operator), et al. (Atlantic), filed period for such substitute filing shall 22 of the Shipping Act, 1916, and sections with the Commission a proposed change terminate concurrently with the suspen­ 3 and 4 of the Intercoastal Shipping Act, in rates from 18.9 cents to 24.1325 cents sion period (Nov. 22,1969) of the original 1933, an investigation is hereby insti­ and 20.5 cents to 24.1325 cents per Mcf, rate filing hi said docket. tuted into the lawfulness of the general designated as Supplement No. 45 to At­ (B) In all other respects, the order is­ revenue level resulting from the afore­ lantic’s FPC Gas Rate Schedule No. 443, sued by the Commission on June 17,1969, mentioned rate increases scheduled to which pertain to Atlantic’s jurisdictional in docket No. RI69-809, shall remain un­ become effective September 16, 1969, as sales of natural gas from the Woodward changed and in full force and effect. well as the governing rules and regula­ Area, Dewey and Major Counties, Okla. tions, with a view to making such find­ (Oklahoma “Other” Area), and Wood­ By the Commission. ings and orders in the premises as the ward County, Okla. (Panhandle Area), [seal] K enneth F. P lumb, facts and circumstances warrant. In the to Michigan Wisconsin Pipe Line Co. The Acting Secretary.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13440 NOTICES

A ppendix A

Rate in Rate Amount Date Date Cents per Mcf effect sub- Docket Schedule Respondent ached* Supple­ Purchaser and producing area of filing suspended - ject to re- No. ule ment No. annual tendered until— Rate in Proposed fund in No. increase effect increased rate dockets Nos.

(10) RI69-809-.. Atlantic Richfield Co. 443 »8 1 to 45 Michigan Wisconsin Pipe Line Co., $489, 592 7-17-69 . . . . ___ »11-22-69 •»18.9 • » • » » » 24.135 (Operator) et al., Post (Woodward Area, Dewey and 19,193 « 20.5 4 « « 8 « u 24.135 RI68-70. Office Box 521, Tulsa, Major Counties, Okla. (Oklahoma Okla. 74102. “ Other” Area), and Woodward County, Okla.) (Panhandle Area).

i Correction letter dated July 17,1969, is being treated as a notice of change in rate. 7 Oklahoma “Other” Area. * Not applicable to acreage added by Supplement No. 42 (Orie C. Johnson Unit). > Includes 1.135 cents tax reimbursement. 8 End of the suspension period for the previously filed rates in Docket No. RI69- »Previously reported as 24.1325 cents which was incorrect due to error by Re­ 809. spondent in adding base rate and tax reimbursement. Rate currently suspended in • Periodic rate increase. Docket No. RI69-809 until Nov. 22,1969; 8 Pressure base is 14.65,p.s.i.a. 10 Effective subject to refund in Dockets Nos. RI67-316, RI68-636, and RI69-295 •Includes 1-cent upward B.t.u. adjustment (1,100 B.t.u. gas). Base rate subject for various acreage under contract, to 1/100-cent upward B.t.u. adjustment for each B.t.u. in excess of 1,000 B .t.u.’s per u Oklahoma Panhandle Area. cubic feet and proportionate downward B.t.u. adjustment from 1,000 B.t.u. [F.R. Doc. 69-9801; Filed, Aug. 19, 1969; 8:45 a.m.]

[Docket No. CP70-29] filed an application pursuant to section Commission’s rules of practice and proce­ 204 of the Federal Power Act seeking dure (18 CFR 1.8 or 1.10). All protests MISSOURI EDISON CO. AND PAN­ an order authorizing the issuance of filed with the Commission will be con­ HANDLE EASTERN PIPE LINE CO. $45,000,000 principal amount of First sidered by it in determining the appro­ Notice of Application Mortgage Bonds (Bonds). priate action to be taken but will not Applicant is incorporated under the serve to make the protestants parties to August 13,1969. laws of the State of Minnesota with its the proceeding. Persons wishing to be­ Take notice that on July 31,1969, Mis­ principal business office at Minneapolis, come parties to a proceeding or to souri Edison Co. (Applicant), 202 South Minn., and is engaged primarily in the participate as a party in any hearing Third Street, Louisiana, Mo. 63353, filed electric utility business in central and - therein must file petitions to intervene in in docket No. CP70-29 an application southern Minnesota, southeastern South accordance with the Commission’s rules. pursuant to section 7(a) of the Natural Dakota, and in the Fargo-Grand Forks The application is on file with the Com­ Gas Act for an order of the Commission and Minot areas of North Dakota. mission and available for public directing Panhandle Eastern Pipe Line The Bonds are to be issued at com­ inspection. Co. (Respondent), to sell and deliver petitive bidding pursuant to the Com­ Gordon M. G rant, natural gas to Applicant for resale to mission’s regulations under the Federal Secretary. Hercules, Inc., at its chemical plant lo­ Power Act. Applicant has scheduled Oc­ cated in Louisiana, Mo. tober 1, 1969, as the date for the opening [F.R. Doc. 69-9799; Filed, Aug. 19, 1969; The Applicant estimates the annual of bids. The Bonds will be dated as of 8:45 a.m.[ and peak day natural gas requirements October 1, 1969, and will mature on for the first 3 years of operation to be either October 1,1974, or October 1,1999. [Docket No. RP70-4] 3,693,000 Mcf, respectively. Applicant The maturity date will be fixed by Ap­ PACIFIC GAS TRANSMISSION CO. proposes to purchase facilities from Re­ plicant not less than 2 business days spondent at a cost of between $500 and prior to opening of bids. Notice of Proposed Changes in Rates $1,000 to deliver gas from Respondent’s If the Bonds mature on October 1, and Charges pipeline to Hercules, Inc. 1974, none of the Bonds will be subject August 13, 1969. Any person desiring to be heard or to to redemption. make any protest with reference to said If the Bonds mature on October 1, Take notice that Pacific Gas Trans­ application should on or before Septem­ 1999, none of the Bonds will be redeem­ mission Co. (Pacific), on August 8, 1969, ber 9, 1969, file with the Federal Power able prior to October 1, 1974, other than tendered for filing a proposed increase Commission, Washington, D.C. 20420, a for the sinking fund, with money bor­ in the rate of return component of its petition to intervene or a protest in ac­ rowed at a lower cost. cost of service (formula) tariff for sales cordance with the requirements of the The proceeds from the sale of the of natural gas under its FPC Gas Tariff, Commission’s rules of practice and pro­ Bonds will be used to prepay some of the original volume No. 1, to become effec­ cedure (18 C!FR 1.8 or 1.10). All protests outstanding short-term borrowings of tive September 8, 1969. The proposed in­ filed with the Commission will be con­ the Applicant, which are estimated at crease in rate of return, to 7.5 percent, sidered by it in determining the appro­ $47 million as of the date of issuance of would be applicable to Pacific’s rate priate action to be taken but will not the Bonds. The short-term borrowings schedules T -l and PL-1. Based on sales serve to make the protestants parties to have been or will be incurred in connec­ for the 12-month period ended May 31, the proceeding. Any person wishing to tion with the construction program of 1969, as adjusted, the requested increase became a party to a proceeding or to par­ Applicant. in rate of return would increase charges ticipate as a party in any hearing therein Expenditures during 1969 for the con­ for jurisdictional sales by approximately must file a petition to intervene in ac­ struction pregram of Applicant are esti­ $1,554,235 annually. cordance with the Commission’s rules. mated at $132 million, of which $123 Pacific requests that if the Commission million is for electric facilities, $4 mil­ should suspend the proposed increased Gordon M. G rant, lion fo? gas facilities, and $5 million for rates, an early hearing be held on the Secretary. heating, telephone, and general facil­ issue of rate of return. Pacific also re­ [F.R. Doc. 69-9798; Filed, Aug. 19, 1969; ities. Of the expenditures for electric quests waiver of an intermediate exam­ 8:45 am.] facilities, $74 million is for production, iner’s decision so that the issue of rate of $21 million for transmission, and $28 return may be resolved by the Commis­ [Docket No. E-7499] million for distribution facilities. sion at the earliest date practicable. Any person desiring to be heard or to Copies of the filing were served on NORTHERN STATES POWER CO. make any protest with reference to said Pacific’s customers and interested State Notice of Application application should on or before Septem­ commissions. ber 2, 1969, file with the Federal Power Any person desiring to be heard or to August 13, 1969. Commission, Washington, D.C, 20426, make a protest with reference to said Take notice that on August 8, 1969, petitions to intervene or protests in ac­ application should on or before Septem­ Northern States Power Co. (Applicant), cordance with the requirements of the ber 2, 1969, file with the Federal Power

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13441

Commission, Washington, D.C., 20426, By order of the Board of Governors.® FIRST BANC GROUP OF OHIO, INC. petitions to intervene or protests in ac­ [ seal] K enneth A. K enyon, Notice of Application for Approval of cordance with the requirements of the Deputy Secretary. Commission’s rules of practice and pro­ Acquisition of Shares of Bank [F.R. Doc. 69-9807; Filed, Aug. 19, 1969; cedure (18 CFR 1.8 or 1.10). All protests 8:45 a.m.] Notice is hereby given that application filed with the Commission will be con­ has been made to the Board of Governors sidered by it in determining the appro­ of the Federal Reserve System pursuant priate action to be taken but will not FIRST BANC GROUP OF OHIO, INC. to section 3 (a) of the Bank Holding Com­ serve to make protestants parties to the pany Act of 1956 (12 U.S.C. 1842(a)), by proceeding. Persons wishing to become Notice of Application for Approval of First Banc Group of Ohio, Inc., which is parties to a proceeding or to participate Acquisition of Shares of Bank a bank holding company located in Co­ as a party in any hearing therein must Notice is hereby given that application lumbus, Ohio, for the prior approval of file petitions to intervene in accordance the Board of the acquisition by Applicant with the Commission’s rules. The appli­ has been made to the Board of Gover­ of 100 percent of the voting shares (less cation is on file with the Commission nors of the Federal Reserve System pur­ directors’ qualifying shares) of First Na­ and available for public inspection. « suant to section 3(a) of the Bank Hold­ ing Company Act of 1956 (12 U.S.C. tional Bank of Cambridge, Cambridge, G ordon M. G rant, 1842(a)), by First Banc Group of Ohio, Ohio. Secretary. Inc., which is a bank holding company Section 3(c) of the Act provides that [F.R. Doc. 69-9797; Filed, Aug. 19, 1969; located in Columbus, Ohio, for the prior the Board shall not approve (1) any ac­ 8:45 a.m.] approval of the Board of the acquisition quisition or merger or consolidation un­ by Applicant of 100 percent of the voting der this section which would result in a shares (less directors’ qualifying shares) monopoly, or which would be in further­ of Coshocton National Bank, Coshocton, ance of any combination or conspiracy FEDERAL RESERVE SYSTEM Ohio. to monopolize or to attempt to monopo­ Section 3(c) of the Act provides that lize the business of banking in any part DEPOSITORS CORP. the Board shall not approve (1) any of the United States, or (2) any other proposed acquisition or merger or con­ Order Disapproving Acquisition of acquisition or merger or consolidation under this section which would result in solidation under this section whose effect Bank Stock by Bank Holding Com­ a monopoly, or which would be in fur­ in any section of the country may be pany therance of any combination or con­ substantially to lessen competition, or In the matter of the application of spiracy to monopolize, or to attempt to to tend to create a monopoly, or which Depositors Corp., Augusta, Maine, for monopolize the business of banking in in any other manner would be in re­ approval of acquisition of at least 51 per­ any part of the United States, or (2) any straint of trade, unless it finds that the cent of the voting shares of The First other proposed acquisition or merger or anticompetitive effects of the proposed National Bank of Houlton, Houlton, consolidation under this section whose transaction are clearly outweighed in the Maine. effect in any section of the country may public interest by the probable effect of There has come before the Board of be substantially to lessen competition, or the transaction in meeting the conven­ Governors, pursuant to section 3(a)(3) to tend to create a monopoly, or which ience and needs of the community to be of the Bank Holding Company Act in any other manner would be in re­ served. of 1956 (12 U.S.C. 1842(a)(3)) and straint of trade, unless it finds that the Section 3(c) further provides that, in § 222.3(a) of Federal Reserve Regulation anticompetitive effects of the proposed every case, the Board shall take into Y (12 CFR 222.3(a)), an application by transaction are clearly outweighed in consideration the financial and mana­ Depositors Corp., Augusta, Maine, a the public interest by the probable effect gerial resources and future prospects of registered bank holding company, for of the transaction in meeting the con­ the company or companies and the banks the Board’s prior approval of the acqui­ venience and needs of the community to concerned, and the convenience and sition of at least 51 percent of the voting be served. needs of the community to be served. shares of The First National Bank of Section 3(c) further provides that, in Not later than 30 days after the pub­ Houlton, Houlton, Maine. every case, the Board shall take into lication of this notice in the F ederal As required by section 3 (b) of the Act, consideration the financial and mana­ R egister, comments and views re- the Board notified the Comptroller of gerial resources and future prospects of -garding the proposed acquisition may the Currency of receipt of the applica­ the company or companies and the banks be filed with the Board. Communica­ tion and requested his views and recom­ concerned, and the convenience and tions should be addressed to the Secre­ mendation. The Comptroller recom­ needs of the community to be served. tary, Board of Governors of the Federal mended approval of the application. Not later than thirty (30) days after Reserve System, Washington, D.C. 20551. Notice of receipt of the application the publication of this notice in the The application may be inspected at the was published in the F ederal R egister Federal R egister, comments and views office of the Board of Governors or the on May 6, 1969 (34 F.R. 7340), providing regarding the proposed acquisition may Federal Reserve Bank of Cleveland. an opportunity for interested persons to be filed with the Board. Communica­ Dated at Washington, D.C., this 8th submit comments and views with respect tions should be addressed to the Secre­ day of August 1969. to the proposal. A copy of the applica­ tary, Board of Governors of the Federal tion was forwarded to the Department Reserve System, Washington, D.C. 20551. By order of the Board of Governors. of Justice for its consideration. Time for The application may be inspected at the [seal] Elizabeth L. Carmichael, filing comments and views has expired office of the Board of Governors or the Assistant Secretary. and all those received have been con­ Federal Reserve Bank of Cleveland. sidered by the Board. [F.R. Doc. 69-9805; Filed, Aug. 19, 1969; It is hereby ordered, For the reasons Dated at Washington, D.C., this 6th 8:45 a.m.] set forth in the Board’s statement1 of day of August 1969. this date, that said application be and By order of the Board of Governors. hereby is denied. MARSHALL & ILSLEY BANK STOCK [seal] Elizabeth L. Carmichael, CORP. Dated at Washington, D.C., this 13th Assistant Secretary. Order Approving Application Under day of August 1969. [F.R. Doc. 69-9804; Filed, Aug. 19, 1969; 8:45 a.m.] Bank Holding Company Act 1 Filed as part of the original document. In the matter of the application of Copies available upon request to the Board 2 Voting for this action: Chairman Martin Marshall & Hsley Bank Stock Corp., Mil­ of Governors of the Federal Reserve System, and Governors Robertson, Daane, Maisel, Washington, D.C. 20551, or to the Federal Brimmer, and Sherrill. Absent and not vot­ waukee, Wis., for approval of acquisition Reserve Bank of Boston. ing; Governor Mitchell. of 80 percent or more of the voting shares

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13442 NOTICES of Peoples State Bank, New Holstein, October 1, 1969, at the Rayburn House other reports of investigations of condi­ Wis. Office Building, Room 2154, Washington, tions in the areas affected; There has come before the Board of D.C. Whereas, after reading and evaluating Governors, pursuant to section 3(a)(3) The subject of the hearings will be reports of such conditions, I find that the of the Bank Holding Company Act of “Who Tells Us About Safety: Education, conditions in such areas constitute a 1956 (12 U.S.C. 1842(a) (3)), and § 222.3 Advertising, Public Information?” The catastrophe within the purview of the (a) of Federal Reserve Regulation Y (12 subject will include consideration of the Small Business Act, as amended. CFR 222.3(a)), an application by Mar­ following: Now, therefore, as Administrator of the shall & Ilsley Bank Stock Corp., Milwau­ (i) Effectiveness of safety education Small Business Administration, I hereby kee, Wis., for the Board’s prior approval programs; determine that: of the acquisition of 80 percent or more (ii) Accessibility to the public of in­ 1. Applications for disaster loans un­ of the voting shares of Peoples State formation about safe and hazardous der the provisions of section 7(b) (1) of Bank, New Holstein, Wis. products; the Small Business Act, as amended, may As required by section 3(b) of the Act, (iii) Economic deterrents to the pub­ be received and considered by the office the Board gave written notice of receipt lication of information about product below indicated from persons or firms of the application to the Wisconsin Com­ hazards; whose property, situated in the aforesaid missioner of Banking and requested his (iv) Impact of the libel laws on pub­ counties, and areas adjacent thereto, suf­ views and recommendation. The Com­ lishing information about product fered damage or destruction resulting missioner offered no objection to ap­ hazards; from tornadoes occurring on August 6, proval of the application. (v) Meaning and recognition of seals 1969. Notice of receipt of the application was of approval and certification marks used Office published in the F ederal R egister on in connection with household products; Small Business Administration Regional Of­ May 8, 1969 (34 F.R. 7474), providing an and fice, 816 Second Avenue, South, Minne­ opportunity for interested persons to (vi) Advertising policies and their im­ apolis, Minn. 55402. submit comments and views with respect pact on product safety information avail­ able to consumers. 2. Applications for disaster loans under to the proposal. A copy of the applica­ the authority of this Declaration will not tion was forwarded to the U.S. Depart­ Interested persons are invited to par­ ticipate by the submission of written be accepted subsequent to February 28, ment of Justice for its consideration. 1970. Time for filing comments and views has statements. Such statements should be expired and all those received have been furnished to the Commission at its office, Dated: August 11,1969. considered by the Board. 1016 16th Street NW., Washington, D.C. 20036, not later than September 19, 1969. Hilary S andoval, Jr., It is hereby ordered, For the reasons Administrator. set forth in the Board’s statement1 of Such statements will be made a part of the record of the hearings and will be [F.R. Doc. 69-9824; Filed, Aug. 19, 1969; this date, that said application be and 8:46 am .] is hereby approved, provided that the available for inspection by the public. action so approved shall not be consum­ Interested persons desiring to offer oral mated; (a) before the 30th calendar testimony at these hearings should ad­ [Declaration of Disaster Loan Area 730] day following the date of this order, or vise the Commission and file written statements setting forth the substance of OHIO (b) later than 3 months after the date their proposed testimony by Septem­ of this order unless such time shall be Declaration of Disaster Loan Area extended by the Board, or by the Fed­ ber 19, 1969. The Commission will at­ eral Reserve Bank of Chicago pursuant tempt to grant such requests to the ex­ Whereas, it has been reported that to delegated authority. tent that time permits. during the month of August 1969, be­ Persons desiring to furnish oral testi­ cause of the effects of certain disasters, Dated at Washington, D.C., this 13th mony or to submit statements at subse­ damage resulted to residences and busi­ day of August 1969. quent Commission hearings are invited ness property located in the City of Cin­ By order of the Board of Governors.3 to so advise the Commission in writing cinnati, Ohio; specifying the proposed subject of their Whereas, the Small Business Adminis­ [seal] K enneth A. K enyon, testimony and group affiliation, if any. tration has investigated and has received Deputy Secretary. This notice amends a prior notice of other reports of investigations of condi­ [F.R. Doer 69-9806; Filed, Aug. 19, 1969; said hearing published in the F ederal tions in the area affected; 8:45 am .} R egister on December 11, 1968 (33 F.R. Whereas, after reading and evaluating 18414). reports of such conditions, I find that the Dated: August 15, 1969. conditions in such area constitute a ca­ tastrophe within the purview of the Small NATIONAL COMMISSION ON Arnold B. Elkind, Chairman. Business Act, as amended. Now, therefore, as Administrator of PRODUCT SAFETY [F.R. Doc. 69-9838; Filed, Aug. 19, 1969; 8:47 a.m.] the Small Business Administration, I HOUSEHOLD PRODUCTS PRESENTING hereby determine that: HEALTH AND SAFETY RISK 1. Applications for disaster loans under the provisions of section 7(b)(1) of the Notice of Hearing and Amendment of SMALL BUSINESS Small Business Act, as amended, may be Advance Notice of Hearings received and considered by the office below indicated from persons or firms Notice is hereby given that pursuant ADMINISTRATION whose property, situated in the aforesaid to section 3(a) of Public Law 90-146 (81 [Declaration of Disaster Loan Area 731] city, and areas adjacent thereto, suf­ Stat. 466), the National Commission on fered damage or destruction resulting Product Safety will hold public hearings MINNESOTA from tornado occurring on August 9,1969. at 9:30 a.m. on September 30, 1969, and Declaration of Disaster Loan Area Office 1 Filed as part of the original document. Whereas, it has been reported that dur­ Small Business Administration Branch Office, Copies available upon request to the Board ing the month of August 1969, because Federal Building, Room 5026, Cincinnati, of Governors of the Federal Reserve System, Ohio 45202. Washington, D.C. 20551, or to the Federal of the effects of certain disasters, damage Reserve Bank of Chicago. resulted to residences and business prop­ 2. Applications for disaster loans under 1 Voting for this action: Vice-Chairman erty located in Cass, St. Louis, Crow Robertson and Governors Mitchell, Maisel, Wing, Lake, and Aitkin Counties, Minn.; the authority of this Declaration will not Brimmer, and Sherrill. Absent and not vot­ Whereas, the Small Business Adminis­ be accepted subsequent to February 28, ing: Chairman Martin and Governor Daane. tration has investigated and has received 1970.

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13443

Dated: August 11,1969. each principally engaged in the furnish­ granted exemptions which, in effect, per­ ing of capital to other corporations mitted BOSBIC to operate as Boston’s H ilary S andoval, Jr., which are principally engaged in the wholly-owned subsidiary. For purposes Administrator. development or exploitation of inven­ of determining whether Boston is en­ [F.R. Doc. 69-9825; Filed, Aug. 19, 1969; tions, technological improvements, new titled to the requested certification, 8:46 a.m.] processes or products not previously Boston has allocated its investment in generally available (“development BOSBIC between development and non- [Declaration of Disaster Loan Area 729] corporations”) . development companies in the ratio that Boston and BOSBIC each propose to BOSBIC’s holdings in development and VIRGINIA qualify as a “regulated investment com­ nondevelopment companies bears to BOSBIC’s total assets. In support of the Declaration of Disaster Loan Area pany” under section 851(a) of the* Code for the fiscal year ended March 31, 1969. application applicants have submitted a Whereas, it has been reported that Pursuant to the provisions of section detailed description of each of the com­ during the month of July 1969, because 851(e) of the Code, the certifications panies whose securities are held in their of the effects of certain disasters, damage requested are a prerequisite to qualifica­ portfolio and have specified those invest­ resulted to residences and business prop­ tion as a “regulated investment com­ ments which are considered to be devel­ erty located in the City of Richmond, pany” under section 851 (a ). opment corporations. The following table Virginia; BOSBIC was established in 1967 as a shows the composition of the total assets Whereas, the Small Business Adminis­ wholly-owned subsidiary of Boston and of Boston as of each of the calendar tration has investigated and has received succeeded to Boston’s license as a small quarters ended June 30, 1968, Septem­ other reports of investigations of condi­ business investment company. By order ber 30, 1968, December 31, 1968, and tions in the area affected; dated April 22, 1968, this Commission March 31, 1969. Whereas, after reading and evaluating reports of such conditions, I find that the B oston conditions in such area constitute a ca­ tastrophe within the purview of the Small Assets (at value) June 30,1968 Sept. 30,1968 Dec. 31,1968 Mar. 31,1969 Business Act, as amended. Investments representing capital furnished to corpora­ Now, theref ore, as Administrator of the tions believed to be principally engaged in the devel­ Small Business Administration, I hereby opment or exploitation of inventions, new processes determine that : or products not previously generally available...... > $22,444, 530 1 $24,478,363 >$25,346,959 > $25,441,178 1. Applications for disaster loans under O ther investments...... - » 9,479,900 > 35,080, 715 ‘ 35,940,806 > 29,694,474 the provisions of section 7(b)(1) of the Total investments...... >31,924,430 » 59, 559,078 1 61,287, 765 I 55,135,652 Small Business Act, as amended, may be Cash awaiting permanent investment or temporarily received and considered by the office invested in U.S. Government Securities...... 4,683,333 2,477,820 2,424,640 1, 294,247 below indicated from persons or firms Other assets...... 4,628 28,175 5,376 19,465 whose property, situated in the afore­ Total assets...... 36,612,391 62, 065,073 63, 717, 781 56,449,364 said city, suffered damage or destruction resulting from floods occurring on 1 The investment in Boston Capital Small Business Investment Corp. is allocated between development and July 27 and July 28,1969. nondevelopment companies in the ratio that Boston Capital Small Business Investment Corp.’s holdings in devel. opment and nondevelopment companies bears to Boston Capital Small Business Investment Corp.’s total assets Office The following table shows the composition of the total assets of BOSBIC as of Small Business Administration Regional Of­ each of the periods ended June 30, 1968, September 30, 1968, December 31, 1968 fice, Federal Building, Room 3015, 400 and March 31,1969. North Eighth Street, Richmond, Va. 23240. Bosnie 2. Applications for disaster loans under the authority of this Declaration will not be accepted subsequent to February 28, Assets (at value) June 30,1968 Sept. 30, 1968 Dec. 31, 1968 Mar. 31, 1969 1970. Investments representing capital furnished to corpora­ Dated: August 11, 1969. tions believed to be principally engaged in the devel­ opment or exploitation of inventions, new processes or products not previously generally available...... $3,444,052 $4, 597, 790 $4,547,790 $4, 797,335 H ilary S andoval, Jr., 530,000 1,030,000 925,000 1,075,000 Administrator. Other investments...... 5,872,335 [F.R. Doc. 69-9826; Filed, Aug. 19, 1969; Total investments______3, 974,052 5,627, 790 5,472,790 8:47 a.m.] Cash awaiting permanent investment or temporarily invested in U.S. Government Securities...... 365,174 421, 514 669,454 316,340 Other a sse ts...______28,175 5,376 7,056 SECURITIES AND EXCHANGE Total assets...... 4,339,226 6,077,479 6,147,620 6,195, 731 On the basis of an examination of the It is therefore certified to the Secre­ COMMISSION reports and information filed by Boston tary of the Treasury, or his delegate, [Files Nos. 811-964, 811-1650] and BOSBIC with the Commission pur­ pursuant to section 851(e) of the Code, suant to the provisions of the Investment that Boston Capital Corp. and Boston BOSTON CAPITAL CORP. ET AL. Company Act and rules and regulations Capital Small Business Investment Corp., promulgated thereunder, including the each a closed-end, nondiversified man­ Notice of Certificate data and information set forth in Bos­ agement investment company registered A ugust 13,1969. ton’s application for a certificate under under the Investment Company Act of Boston Capital Corp. (“Boston”), and section 851(e) of the Code filed for the 1940, are principally engaged in the de­ Boston Capital Small Business Invest­ fiscal year ended March 31, 1968, and in velopment or exploitation of inventions, ment Corp. (“BOSBIC”) 535 Boylston the instant joint application, it appears technological improvements, new proc­ Street, Boston, Mass. 02116, each a to the Commission that Boston and esses or products not previously gen­ closed-end, nondiversified management BOSBIC are each principally engaged in erally available. investment company registered under the the furnishing of capital to other corpo­ For the Commission (pursuant to dele­ Investment Company Act of 1940 rations which are principally engaged in gated authority). (“Act”), have filed a joint application the development or exploitation of in­ for an order certifying to the Secretary ventions, technological improvements, [ seal] N ellye A. T horsen, of the Treasury, pursuant to section 851 new processes or products not previously Assistant Secretary. (e) of the Internal Revenue Code of 1954 generally available within the intent of [F.R. Doc, 69-9820; Filed, Aug. 19, 1969; (“Code”), that Boston and BOSBIC are section 851(e) of the Code. 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 No. 159- S 13444 NOTICES

[813-2319] mately $3,500 is to be donated in effect status of applicant under the Act, which HUYLER’S to Altamil. The Board of Directors of will result from the merger. The required Altamil required that these assets be vote by shareholders of applicant will be Notice of Filing of Application for disregarded for purposes of determining available without the solicitation of Order Exempting Proposed Trans­ the shares of common stock of Altamil proxies, and solicitation of proxies is not action Between Affiliated Persons to be issued to the shareholders of Huy­ required by the Act or by the Securities ler’s pursuant to the merger. Upon the Exchange Act of 1934 as amended. Ac­ August 13, 1969. effective date of the merger, which will cordingly, no solicitation of proxies from Notice is hereby given that Huyler’s be the end of the month following the applicant’s shareholders is contemplated. (“applicant”) , % Bames, Hickam, Pant- filing of the Articles of Merger as re­ By reason of provisions of The General zer, and Boyd, 1313 Merchants Bank quired by the laws of the States of Dela­ Corporation Law of Delaware, the pro­ Building, Indianapolis, Ind. 46204, a New ware and New York, each holder of posed merger will require no vote by the York corporation and a closed-end non- stock of applicant will become a holder stockholders of Altamil and no stock­ diversified investment company regis­ of shares of common stock of Altamil in holder of Altamil will have any right of tered under the Investment Company Act accordance with the conversion ratio appraisal with respect to his shares of of 1940 (“Act”) has filed an application described above. No fractional shares will Altamil stock by reason of the merger. pursuant to section 17(b) of the Act. be issued, and the aggregate shares rep­ Notwithstanding the provisions of Dela­ Applicant requests an order of the Com­ resenting the fractional shares to which ware statute, obviating any necessity for mission exempting from the provisions all shareholders of applicant are entitled a vote on the plan and agreement of of section 17(a) the proposed acquisi­ will be sold by an exchange agent and merger by the stockholders of Altamil, tion by Altamil Corp. (“Altamil”), a the proceeds remitted in cash to the such a vote and a solicitation of proxies Delaware manufacturing corporation, of shareholders of applicant entitled there­ with respect thereto will be required by substantially all of applicant’s assets in to. The exchange agent, Merchants Na­ reason of the rules of the American Stock exchange for the issuance to former tional Bank & Trust Co. of Indianapolis, Exchange. Proxy solicitation material of holders of applicant’s stock of shares will hold certificates unclaimed by share­ Altamil has been filed with the Securities in Altamil. All interested persons are re­ holders of applicant and is authorized and Exchange Commission. ferred to the application on file with the to expend from funds in its hands, Shareholders of applicant who, before Commission for a statement of the whether from the proceeds of sale of the meeting of shareholders at which the representations therein which are sum­ stock or dividends, amounts which it proposed merger is submitted to a vote, marized below. deems reasonable for the purpose of at­ make written objection to the merger, are Altamil is an operating company en­ tempting to locate the persons entitled entitled to demand payment for their gaged in diversified manufacturing of to any unclaimed shares of Altamil or shares upon compliance with certain pro­ airplane components, wirebound boxes any unclaimed proceeds of the sale of visions of the New York Business Cor­ and truck equipment, the common stock fractional shares. poration Law: In the event any substan­ of which is listed on the American Stock Applicant submits that such a merger tial number of shareholders of applicant Exchange. Approximately 99 percent of is in the best interests of its shareholders complies with those provisions, it is applicant’s assets consist of 178,866 for the reasons that such merger will anticipated the proposed merger will be shares of common stock of Altamil, con­ effect a corporate simplification and con­ disapproved and terminated by the Board stituting 10.9357 percent of the 1,635,604 vert the interest of the shareholders of of Directors of Altamil pursuant to the shares of common stock of Altamil issued applicant from an indirect interest in plan and agreement of merger, since the and outstanding. By reason of such own­ Altamil into a substantially identical proposed merger will be unacceptable to ership applicant and Altamil are affili­ direct interest in Altamil; that such Altamil if it involves any significant ated persons of each other as defined in merger will effect a change from owner­ expenditure of cash by it. section 2(a) (3) of the Act. ship of stock of applicant, which has The proposed merger is believed by Applicant desires to merge into only a very limited over-the-counter counsel to be a tax-free reorganization Altamil. The liabilities of applicant market, into ownership of common stock under the Internal Revenue Code. A rul­ of Altamil, which is listed on the Amer­ ing by the Internal Revenue Service that ordinarily exceed the value of the ap­ it will constitute a tax-free reorganiza­ proximate 1 percent of its assets not ican Stock Exchange and extensively traded; that such merger will terminate tion, resulting in no gain or loss to either represented by the common stock of party to the proposed merger or to the Altamil. The proposed agreement of applicant’s status as a personal holding company under Subchapter G, Part n, shareholders of either, has been re­ merger contemplates that the net lia­ quested. In the event such a ruling is not bilities as determined by Ernst and Ernst, of the Internal Revenue Code; that such merger will extinguish applicant’s cor­ forthcoming, it is anticipated that the Certified Public Accountants, will be proposed merger will be terminated by divided by an amount equal to the clos­ porate existence and upon appropriate order of the Commission, pursuant to the Board of Directors of one or both of ing price of the common stock the last the constituent corporations pursuant business day preceding the effective date section 8(f) of the Act, terminate appli­ cant’s-status as a registered investment to the plan and agreement of merger. of the merger. The quotient so deter­ Applicant represents that no satisfac­ mined will be subtracted from the 178,866 company; that such merger will elimi­ nate the unnecessary tax burden now tory alternative to the proposed merger shares of Altamil stock held by applicant, of applicant into Altamil exists. Liquida­ and a number of shares equal to the re­ being borne by reason of the payment of Federal income taxes by applicant upon tion of applicant would involve realiza­ mainder will then be issued to the former tion of substantial capital gains by its holders of the common stock of appli­ dividends received from Altamil prior to the distribution of such dividends to shareholders in a transaction which cant. In substance, the procedure will would produce no cash for its share­ result in the issuance by Altamil of a the shareholders of applicant and that the incidental expenses by reason of holders with which to pay their respec­ number of shares of its common stock to tive capital gains taxes incurred by the former shareholders of applicant State taxes, auditing and legal expense, and corporate notices and meetings, will reason of the liquidation. The sale of which is less than the number of shares Altamil stock by applicant would in­ of Altamil now held by applicant, the be eliminated by the elimination of ap­ plicant as a separate corporate entity. volve a substantial capital gains at the difference being represented by the costs corporate level, which, because applicant of the merger and the net liabilities of Consummation of a statutory merger of applicant into Altamil will require the is a personal holding company under applicant (other than the Altamil stock) the Internal Revenue Code, could not be translated into shares of Altamil stock affirmative vote of the holders of two- thirds of the stock of applicant issued distributed and passed on to its share­ at its market value immediately preced­ holders as a capital gain. Applicant’s ing the merger. In addition certain tan­ and outstanding. Accordingly, the pro­ posed change, as a matter of New York assets, diminished by such capital gain, gible personal property leased to Altamil would be insufficient to make its con­ and having a book value at April 30, law, will require a vote in excess of the tinuance as a diversified investment 1969 of $2,728.77 and having an esti­ vote required under section 13(a) of the company economic. Accordingly, its mated fair market value of approxi­ Act with respect to the changes in the merger into Altamil or its continuance

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13445 in its present situation, leaving its share­ time after said date, as provided by rule of any other time determined by Appli­ holders with an inadequate market for 0 -5 of the rules and regulations promul­ cant’s Board of Directors. Under normal their shares, appear to be the only fea­ gated under the Act, an order disposing circumstances the Toronto Stock Ex­ sible alternatives. The officers and direc­ of the application herein may be issued change is the principal market for most tors of applicant consider the merger as by the Commission upon the basis of the of the portfolio securities of Applicant. the more desirable of these alternatives information stated in said application, As required by Applicant’s Letters Patent, because it will result in no realization unless an order for hearing upon said ap­ the latest available quoted sales prices of any capital gain by those shareholders plication shall be issued upon request or on such exchange are used in determin­ who wish to continue their indirect upon the Commission’s own motion. Per­ ing the current market value of a large investment in Altamil as a direct invest­ sons who request a hearing or advice as portion of Applicant’s portfolio. ment, and it will provide' those share­ to whether a hearing is ordered, will re­ Applicant understands that the To­ holders of applicant who wish to liqui­ ceive notice of further developments in ronto Stock Exchange plans to continue date their investment in Altamil with this matter, including the date of the to be open for trading from 10 a.m. to a security which can be readily mar­ hearing (if ordered) and any postpone­ 3:30 p.m. 5 days a week, excluding week­ keted without discount. ments thereof. ends and holidays. However, the New Applicant submits that the granting York Stock Exchange is open for trading of this application for exemption from For the Commission (pursuant to dele­ gated authority). only from 10 a.m. to 2:30 p.m. If Appli­ the provisions of section 17(a) of the cant is required to compute the net asset Act is warranted because: [seal] Nell ye A. T horsen, value of its shares in accordance with (i) The evidence establishes that the Assistant Secretary. Rule 22c-l on each day when the New terms of the proposed transaction, in­ [F.R. Doc. 69-9821; Filed, Aug. 19, 1969; York Stock Exchange is open for trading cluding the considerations to be paid 8:46 a.m.] and not less frequently than once daily and received, are reasonable and fair as of the time of the close of trading on and do not involve overreaching on the said exchange, Applicant alleges that it part of any person concerned; [812-2433] will be required (i) to compute such net (ii) The proposed transaction is con­ asset value on some days when the To­ sistent with the policy of applicant as LOOMIS-SAYLES CANADIAN AND INTERNATIONAL FUND, LTD. ronto Stock Exchange is closed for holi­ recited in its registration statement and days not observed by the New York Stock reports filed under the Act, which does Notice of Filing of Application for not contemplate its enforced continu­ Exchange; (ii) to compute such net asset Order Exempting Company value as of a time other than the close of ance as an investment company con­ trading on the Toronto Stock Exchange; trary to the best interests of its August 13,1969. and (iii) to compute such net asset value shareholders; Notice is hereby given that Loomis- again as to the close of trading on the (iii) The proposed transaction is con­ Sayles Canadian and International Fund, Toronto Stock Exchange in order to com­ sistent with the general purposes of the Ltd. (“Applicant”) , 225 Franklin Street, ply with the provisions of its Letters Act which do not include the enforced Boston, Mass. 02110, a Canadian corpora­ Patent. perpetuation of an investment company tion registered under the Investment Applicant alleges that since the prin­ contrary to the best interests of its Company Act of 1940 (“Act”), as an cipal market for a major portion of its shareholders. open-end diversified management in­ portfolio securities is normally the To­ Section 17(a) of the Act, as here per­ vestment company, has filed an applica­ ronto Stock Exchange; and few, if any, tinent, makes it unlawful for any affili­ tion pursuant to section 6(c) of the Act portfolio securities of the Applicant have ated person of a registered investment for an order of the Commission exempt­ their principal market in the United company (as defined in section 2(a) (3) ing it from the provisions of Rule 22c-l States; it would be in the best interests of the Act), to sell to or buy from such uhder the Act conditioned upon the of Applicant and its shareholders if Ap­ registered company any security or other undertaking of Applicant to compute plicant should be exempted from the pro­ property, unless the Commission upon the current net asset value of its shares visions of Rule 22c-l to the extent application grants an exemption from on each day during which the Toronto requested'. such prohibitions pursuant to section Stock Exchange is open for trading and Section 6(c) of the Act provides, in 17(b) of the Act after finding that the not less frequently than once daily as of part, that the Commission may condi­ terms of the proposed transaction are the time of the close of trading on such tionally or unconditionally exempt any reasonable and fair and do not involve Exchange; and to effect sales, repur­ person, security, or transaction, or any overreaching on the part of any person chases and redemptions of its shares at class or classes of persons, securities, or concerned and that the proposed trans­ a price based on the current net asset transactions from any provision of the action is consistent with the policy of the value per share next computed after Act or of any rule or regulation under registered investment company and with receipt of a purchase order, repurchase the Act, if and to the extent such exemp­ the general purposes of the Act. request or tender of shares for redemp­ tion is necessary or appropriate in the Notice is further given that any in­ tion. All interested persons are referred public interest and consistent with the terested person may, not later than Sep­ to the application on file with the Com­ protection of investors and the purposes tember 4, 1969, at 5:30 p.m„ submit to mission for a statement of the represen­ fairly intended by the policy and pro­ the Commission in writing a request for a tations therein. visions of the Act. hearing on the matter accompanied by a Rule 22c-l provides, in part, that re­ Notice is further given that any in­ statement as to the nature of his interest, deemable securities of registered invest­ terested person may not later than Sep­ the reason for such request and the issues ment companies must be sold, redeemed, tember 3, 1969, at 5:30 p.m., submit to of fact or law proposed to be contro­ or repurchased at a price based on the the Commission in writing a request for verted, or he may request that he be noti­ current net asset value (computed on a hearing on the matter accompanied fied if the Commission shall order a each day during which the New York by a statement as to the nature of his hearing thereon. Any such communica­ Stock Exchange is open for trading not interest, the reason for such request and tion should be addressed: Secretary, less frequently than once daily as of the the issues of fact or law proposed to be Securities and Exchange Commission, time of the close of trading on such ex­ controverted, or he may request that Washington, D.C. 20549. A copy of such change) which is next computed after he be notified if the Commission shall request shall be served personally or by receipt of a tender of such securities for order a hearing thereon. Any such com­ mail (airmail if the person being served redemption or of an order to purchase munication should be addressed: Secre­ is located more than 500 miles from the or sell such security. tary, Securities and Exchange Commis­ point of mailing) upon applicant at the The Letters Patent of Applicant pro­ sion, Washington, D.C. 20549. A copy address stated above. Proof of such serv­ vide that the net asset value of each of such request shall be served personally ice (by affidavit or in case of an attorney- share shall be computed as of the close of or by mail (airmail if the person being at-law by certificate) shall be filed con­ business on each day upon which the served is located more than 500 miles temporaneously with the request. At any Toronto Stock Exchange is open and as from the point of mailing) upon Appli-

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13446 NOTICES cant at the address stated above. Proof Beckmann, Tex., to points in Arkansas, Notice of the filing of this petition will of such service (by affidavit or in case Louisiana, New Mexico, and Oklahoma. be given by publication in the F ederal of an attorney at law by certificate) Grounds for relief—Market competi­ R egister. shall be filed contemporaneously with tion. [seal] H. N eil G arson, the request. At anytime after said date, Tariff—Supplement 36 to Southwest­ Secretary. as provided by Rule 0-5 of the rules and ern Freight Bureau, agent, tariff ICC [P.R. Doc. 69-9856; Filed, Aug. 19, 1969; regulations promulgated under the Act, 4724. 8:48 a.m.] an order disposing of the application FSA No. 41720—Grain and Grain herein may be issued by the Commission Products from and to Points in Official upon the basis of the information stated Territory. Filed by Traffic Executive As­ [Notice 564] in said application, unless an order for sociation-Eastern Railroads, agent (E.R. hearing upon said application shall be No. 2953), for interested rail carriers. MOTOR CARRIER ALTERNATE ROUTE issued upon request or upon the Commis­ Rates on grain and grain products, in DEVIATION NOTICES sion’s own motion. Persons who request carloads and less-than-carloads, from August 15, 1969. a hearing or advice as to whether a hear­ and to points in official (including Illi­ ing is ordered, will receive notice of nois) territory. The following letter-notices of pro­ further developments in this matter, in­ Grounds for relief—Restore rate re­ posals to operate over deviation routes cluding the date of the hearing (if or­ lationships and equalizations. for operating convenience only have been dered) and any postponements thereof. Tariffs—Supplements 195, 174, 31, and filed with the Interstate Commerce Com­ 20 to Traffic Executive Association- mission, under the Commission’s Devia­ For the Commission (pursuant to dele­ Eastern Railroads, agent, tariffs ICC C- tion Rules Revised, 1957 (49 CFR 1042.1 gated authority). 375, 4499, C-557, and C-524, respectively. (c) (8)), and notice thereof to all inter­ [ seal] N ell ye A. T horsen, ested persons is hereby given as provided Assistant Secretary. By the Commission. in such rules (49 CFR 1042.1(d) (4)). [F.R. Doc. 69-9822; Piled, Aug. 19, 1969; [ seal] H. N eil Garson, Protests against the use of any pro­ 8:46 a.m.] Secretary. posed deviation route herein described [P.R. Doc. 69-9855; Piled, Aug. 19, 1969; may be filed with the Interstate Com­ 8:48 a.m.] merce Commission in the manner and RAJAC INDUSTRIES, INC. form provided in such rules (49 CFR 1042.1(e)) at any time, but will not Order Suspending Trading [No. 35140] operate to stay commencement of the August 14, 1969. SEABOARD COAST LINE RAILROAD proposed operations unless filed within 30 days from the date of publication. It appearing to the Securities and Ex­ CO. change Commission that the summary Successively filed letter-notices of the suspension of trading otherwise than on Applicable Rates on Phosphate Rock same carrier under the Commission’s Deviation Rules Revised, 1957, will be a national securities exchange in the August 4, 1969. common stock and all other securities numbered consecutively for convenience Notice is hereby given that Seaboard in identification and protests if any of Rajac Industries, Inc. is required in the Coast Line Railroad Co., by its attorney, public interest and for the protection of should refer to such letter-notices by Charles B. Evans, 500 Water Street, number. investors: Jacksonville, Fla. 32202, has filed a peti­ It is ordered, Pursuant to section 15 tion with the Interstate Commerce Com­ Motor Carriers of P roperty (c) (5) of the Securities Exchange Act mission praying that the Commission of 1934, that trading in such securities enter a declaratory order determining No. MC 1548 (Deviation No. 1), MER­ otherwise than on a national securities whether interstate or intrastate rates CER MOTOR FREIGHT, INC., 411 exchange be summarily suspended, this apply on the transportation of phosphate North Clinton Street, Trenton, N.J. order to be effective for the period Au­ rock from Clear Springs, Imroc, Noralyrr, 08638, filed August 7, 1969. Carrier’s gust 15, 1969, through August 24, 1969, Pierce, Prairie, and West Polk, Fla., to representative: Bert Collins, 140 Cedar both dates inclusive. Street, New York, N.Y. 10006. Carrier Sutton, Fla. From Sutton, the commod­ proposes to operate as a common carrier, By the Commission. ity moves in interstate or foreign com­ merce in barges and ships. The petitioner by motor vehicle, of general commodi­ [seal] Nellye A. T horsen, alleges that it is the shipper’s intention ties, with certain exceptions, over devia­ Assistant Secretary. at the time of tender to it that the tion routes as follows: (1) From Trenton, [P.R. Doc. 69-9823; Piled, Aug. 19, 1969; commodity be transported in a continu­ N.J., over U.S. Highway 206 to junction 8:46 a.m.] ous movement from the points of load­ with the New Jersey Turnpike, thence ing to points beyond the State of Florida. over the New Jersey Turnpike to junc­ The rates for both interstate and intra­ tion Interstate Highway 295, thence state transportation are published in over Interstate Highway 295 across the INTERSTATE COMMERCE Southern Freight Tariff Bureau tariff Delaware Memorial Bridge to junction 876-B, Florida Phosphate Rock Tariff, Delaware Highway 9 (also to junction COMMISSION ICC No. S-658. The petitioner further U.S. Highway 13), thence over Delaware alleges that the issue has been settled in Highway 9 or U.S. Highway 13 to Wil­ FOURTH SECTION APPLICATIONS FOR Finance docket No. 23688, Atlantic mington, Del., (2) from Trenton, N.J., RELIEF Coast Line Railroad Co., and Seaboard over U.S. Highway 206 to junction with the New Jersey Turnpike, thence over August 15, 1969. Air Line Railroad Co., construction be­ tween Port Meade and Piney Point, Fla., the New Jersey Turnpike to junction Protests to the granting of an appli­ at sheets 37-39 of the examiner’s report New Jersey Highway 38, thence over cation must be prepared in accordance (served Sept. 9,1966) which was adopted New Jersey Highway 38 to junction In­ with Rule 1100.40 of the general rules of by the Commission on July 28, 1967. terstate Highway 295, thence over Inter­ practice (49 CFR 1100.40) and filed state Highway 295 across the Delaware within 15 days from the date of publica­ Any persons interested in any of the Memorial Bridge to junction Delaware tion of this notice in the F ederal matters in the petition may, on or be­ Highway 9 (also U.S. Highway 13), fore 30 days from the publication of this R egister. thence over Delaware Highway 9 or U.S. notice in the F ederal R egister, file re­ Highway 13 to Wilmington, Del., (3) Long-and-S hort Haul plies to the petition supporting or op­ from Trenton, N.J., over U.S. Highway FSA No. 41719—Lime from Beckmann, posing the determination sought. An 206 to junction U.S. Highway 130, thence original and 15 copies of such replies Tex. Filed by Southwestern Freight over U.S. Highway 130 to Camden, N.J., must be filed with the Commission and thence across the Benjamin Franklin Bureau, agent (No. B-73), for interested must show service of two copies upon rail carriers. Rates on lime, as described the above-named attorney for the Bridge to Philadelphia, Pa., and (4) from in the application, in carloads, from petitioner. ■Trenton, N.J., over U.S. Highway 206

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13447 to junction U.S. Highway 130, thence Pennsylvania Highway 99, and return over U.S. Highway 41 to Chicago, HI., over U.S. Highway 130, to Bridgeport, over the same route, for operating con­ and return over the same routes. N.J., thence via the ferry to Chester, Pa., venience only. The notice indicates that No. MC 3379 (Deviation No. 12), SNY­ and return over the same routes, for the carrier is presently authorized to DER BROS. MOTOR FREIGHT, Inc., operating convenience only. The notice transport the same commodities, over a 363 Stanton Avenue, Akron, Ohio 44301, indicates that the carrier is presently pertinent service route as follows: From filed August 1, 1969. Carrier proposes to authorized to transport the same com­ junction U.S. Highway 20 and Interstate operate as a common carrier, by motor modities, over pertinent service routes Highway 90 over U S. Highway 20 to vehicle, of general commodities, with cer­ as follows: (1) Prom Trenton, N.J., over junction Pennsylvania Highway 99, and tain exceptions, over a deviation route as New Jersey Highway 37 to junction New return over the same route. follows: From Hancock, Md., over U.S. Jersey Highway 39, thence over New No. MC 2900 (Deviation No. 31), Highway 522 to Winchester, Va., thence Jersey Highway 39 to junction U.S. High­ RYDER TRUCK LINES, INC., Post Office over U.S. Highway 50 to Washington, way 130, thence over U.S. Highway 130 Box 2408, Jacksonville, Fla. 32203, filed D.C., and return over the same route, for to Stevens, N.J., thence over U.S. High­ August 8, 1969. Carrier’s representative: operating convenience only. The notice way 130 to junction unnumbered high­ Larry D. Kno£, same address as appli­ indicates that the carrier is presently a u ­ way, thence over unnumbered highway cant. Carrier proposes to operate as a thorized to transport the same commodi­ to Burlington, N.J., thence over unnum­ common carrier, by motor vehicle, of ties, over a pertinent service route as fol­ bered highway via Riverside and River­ general commodities, with certain excep­ lows: From Hancock, Md., over U.S. ton, N.J., to Camden, N.J., thence across tions, over a deviation route as follows: Highway 40 to Frederick, Md., thence the Delaware River to Philadelphia, Pa., From junction Interstate Highway 90 over U.S. Highway 240 to Washington, thence over U.S. Highway 13 to Wilming­ and Pennsylvania Highway 99 over D.C., and return over the same route. ton, Del., and (2) from Trenton, N.J., Interstate Highway 90 to junction Ohio No. MC 22167 (Deviation No. 6) CON­ across the Delaware River to Morrisville, Highway 170, thence over Ohio Highway SOLIDATED COPPERSTATE LINES, Pa., thence over U.S. Highway 1 to Phila­ 170 to Youngstown, Ohio, and return 1220 West Washington Boulevard, Mon­ delphia, Pa. (also from Morrisville, Pa., over the same route, for operating con­ tebello, Calif. 90640, filed August 4, 1969. over U.S. Highway 13 to Philadelphia), venience only. The notice indicates that Carrier proposes to operate as a common and return over the same routes. the carrier is presently authorized to No. MC 1324 (Deviation No. 12), carrier, by motor vehicle, of (1) general transport the same commodities, over a commodities, with certain exceptions, PRESTON TRUCKING COMPANY, pertinent service route as follows: From over deviation routes as follows: From a 151 Easton Boulevard, Preston, Md. junction Interstate Highway 90 and point 25 miles north of Colton, Calif., on 21655, filed August 1, 1969. Carrier pro­ Pennsylvania Highway 99 over Pennsyl­ Interstate Highway 15, over Interstate poses to operate as a common carrier, by vania 99 to Edinboro, Pa., thence over Highway 15 to Barstow, Calif., thence motor vehicle, of general commodities, U.S. Highway 6N Lavery, Pa., thence over Interstate Highway 40 to junction with certain exceptions, over a deviation over Pennsylvania Highway 98 to junc­ U.S. Highway 285, approximately 60 miles route as follows: Between Cleveland, tion U.S. Highway 19, thence over U.S. east of Albuquerque, N. Mex. (traversing Ohio, and DuBois, Pa., over Interstate Highway 19 to Mercer, Pa., thence over portions of U.S. Highway 66 pending Highway 80, for operating convenience Pennsylvania Highway 158 to junction completion of Interstate Highway 40), only. The notice indicates that the car­ Pennsylvania Highway 18, thence over thence over U.S. Highway 285 to Encino, rier is presently authorized to transport Pennsylvania Highway 18 to New Castle, N. Mex., thence over U.S. Highway 60 the same commodities, over pertinent Pa., thence over U.S. Highway 422 to to Fort Sumner, N. Mex., thence over U.S. service routes as follows: (1) From Ford Youngstown, Ohio, and return over the Highway 84 to Lubbock, Tex., thence City, Pa., over Pennsylvania Highway 66 same route. over U.S. Highway 82 to Seymour, Tex., to Kittanning, Pa., thence over U.S. No. MC 2986 (Deviation No. 4), thence over Texas Highway 199 to Fort Highway 422 to junction unnumbered I & S-McDANIEL, INC., 1102 Prairie Worth, Tex., and return over the same highway (formerly U.S. Highway 422) Street, Vincennes, Ind. 47591, filed route, for operating convenience only; near Prospect, Pa., thence over unnum­ August 1, 1969. Carrier proposes to oper­ and (2) classes A and B explosives, and bered highway to junction U.S. Highway ate as a common carrier, by motor vehi­ high explosives, from Colton, Calif., oyer 422, thence over U.S. Highway 422 to cle, of general commodities, with certain Interstate Highway 15 to Barstow, Calif., Cleveland, Ohio, (2) from Pittsburgh, exceptions, over a deviation route as thence over the route described in (1) Pa., over Pennsylvania Highway 28 to follows: Between Indianapolis, Ind., and above to Fort Worth, Tex., and return Brookville, Pa., thence over U.S. Highway Danville, HI., over Interstate Highway over the same route, for operating con­ 322 to junction U.S. Highway 219, thence 74, for operating convenience only. The venience only. The notice indicates that over U.S. Highway 219 to junction notice indicates that the carrier is pres­ the carrier is presently authorized to Pennsylvania Highway 830, thence over ently authorized to transport the same transport general commodities, with ex­ Pennsylvania Highway 830 to Falls commodities, over a pertinent service ceptions, over pertinent service routes as Creek, Pa., and (3) from New Kensing­ route as follows: Between Indianapolis, follows: (1) From Los Angeles Harbor, ton, Pa., over Pennsylvania Highway 56 Ind., and Danville, HI., over U.S. High­ Calif., over Truck Boulevard, to Los to Shearersburg, Pa., thence over way 136. Angeles, Calif., thence over U.S. High­ Pennsylvania Highway 256 to Leechburg, way 70 to Globe, Ariz., (2) from Phoenix, Pa., thence over Pennsylvania Highway No. MC 2986 (Deviation No. 5), I & S- McDANIEL, INC., 1102 Prairie Street, Ariz., over U.S. Highway 70 to Las Cruces, 66 to Kittanning, Pa., thence over N. Mex., thence over U.S. Highway 80 Pennsylvania Highway 85 to Home, Pa., Vincennes, Ind. 47591, filed August 8, 1969. Carrier proposes to operate as a to El Paso, Tex., (3) from Abilene, Tex., thence over U.S. Highway 119 to junction over U.S. Highway 80 to Midland, Tex., U.S. Highway 322, and return over the common carrier, by motor vehicle, of general commodities, with certain excep­ (4) from Sterling City, Tex., over Texas same routes. Highway 158 to Midland, Tex., thence No. MC 2900 (Deviation No. 30), tions, over a deviation route as follows: Between Indianapolis, Ind., and Chicago, over U.S. Highway 80 to Odessa, Tex.; RYDER TRUCK LINES, INC., Post Of­ high explosives, from Los Angeles, Calif., fice Box 2408, Jacksonville, Fla. 32202, HI., over Interstate Highway 65, for oper­ ating convenience only. The notice indi­ over U.S. Highway 70 to Phoenix, Ariz., filed August 8, 1969. Carrier’s represent­ classes A and B explosives, (1) from ative: Larry D. Knox, same address as cates that the carrier is presently author­ ized to transport the same commodities, Phoenix, Ariz., over U.S. Highway 70 via applicant. Carrier proposes to operate as Mesa, Ariz., and Lordsburg, N. Mex., to a common carrier, by motor vehicle, of over pertinent service routes as follows: (1) From Indianapolis, Ind., over U.S. Las Cruces, N. Mex., thence over U.S. general commodities, with certain ex­ Highway 80 to El Paso, Tex., and (2) ceptions, over a deviation route as fol­ Highway 136 to Crawfordsville, Ind., (2) from Crawfordsville, Ind., over Indiana from Abilene, Tex., over U.S. Highway 80 lows: From junction U.S. Highway 20 to Big Spring, Tex., and classes A and and Interstate Highway 90 at or near the Highway 43 to Lafayette, 3hd., and (3) B explosives and general commodities, Pennsylvania-New York State line, over from Lafayette, Ind., over U.S. Highway (1) from Fort Worth, Tex., over U.S. Interstate Highway 90 to junction 52 to junction U.S. Highway 41, thence Highway 80 to Weatherford, Tex., thence

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13448 NOTICES over U.S. Highway 180 to junction Texas way 20), thence over Interstate Highway way 103, thence over Utah Highway 103 Highway 16, thence over Texas Highway 59 to Meridian, Miss, (traversing portions to Ogden, Utah, and return over the 16 to junction U.S. Highway 80, thence of U.S. Highway 11 pending completion same routes. over U.S. Highway 80 to Abilene, Tex., of Interstate Highway 59), thence over No. MC 109780 (Deviation Nos. 1, 2, thence over U.S. Highway 83 to Ballinger, Interstate Highway 59 to junction Inter­ 3, 4, 5, 6, 8, 9, 11, and 12, and 14 through Tex., thence over U.S. Highway 67 via state Highway 10 near Slidell, La., thence 23, inclusive. Also the bypass routes pro­ San Angelo, Tex., to McCamey, Tex., over Interstate Highway 10 to New Or­ posed in letters dated Jan. 10, 1956, and thence over U.S. Highway 385 to Odessa, leans, La., and return over the same Nov. 17, 1958) (Republication), Con­ Tex., thence over U.S. Highway 80 to El route, for operating convenience only. tinental Trailways, Inc., Dallas, Tex., Paso, Tex., and (2) from Weatherford, The notice indicates that the carrier is order of the Commission, Operating Tex., over U.S. Highway 80 to junction presently authorized to transport the Rights Board, entered August 6, 1969, Texas Highway 16, and return over the same commodities, over pertinent serv­ provides as follows: It further appearing, same routes. ice routes as follows: (D From Atlanta, that by order dated September 16, 1968, No. MC 30899 (Deviation No. 4), Ga., over U.S. Highway 29 to junction in No. MC-F-10160, Continental Trail- JOHNSON MOTOR LINES CORPORA­ U.S. Highway 80, thence over U.S. High­ ways, Inc.—purchase—Transcontinental TION, 2426 North Graham Street, Post way 80 to Montgomery, Ala., thence over Bus System, Inc., the transfer of the op­ Office Box 10877, Charlotte, N.C. 28201, U.S. Highway 31 via junction U.S. High­ erating rights of Transcontinental Bus filed August 4, 1969. Carrier proposes to way 84 and Flomaton, Ala., to Mobile, System, Inc., to Continental Trailways, operate as a common carrier, by motor Ala., and (2) from Mobile, Ala., over Inc., was approved; and that such trans­ vehicle, of general commodities, with U.S. Highway 90 to New Orleans, La., fer has been consummated ; It further ap­ certain exceptions, over a deviation route and return over the same routes. pearing, that by letter dated July 7, 1969, Continental Trailways, Inc., has been re­ as follows: Prom Syracuse, N.Y., over Motor Carriers of P assengers Interstate Highway 81 to junction Penn­ quested that operations in interstate or sylvania Highway 93, thence over Penn­ No. MC 1515 (Deviation No. 529), foreign commerce be conducted by it sylvania Highway 93 to Hazleton, Pa., GREYHOUND LINES, INC. (Western pursuant to the deviation notices de­ and return over the same route, for op­ Division), Market and Fremont Streets, scribed in the heading hereto; It further erating convenience only. The notice in­ San Francisco, Calif. 94106, filed Au­ appearing, that Continental Trailways, dicates that the carrier is presently au­ gust 1, 1969. Carrier’s representative: Inc., is a wholly owned subsidiary of thorized to transport the same commodi­ W. L. McCracken, 371 Market Street, San Transcontinental Bus System, Inc., and ties, over pertinent service routes as fol­ Francisco, Calif. 94105. Carrier proposes the transaction in No. MC-F-10160 pro­ lows: (1) From Scranton, Pa., over U.S. to operate as a common carrier, by motor duced no material change in the opera­ Highway 11 to Pittston, Pa., thence over vehicle, of passengers and their baggage, tion of the authority involved, or resulted unnumbered highway (formerly U.S. and express and newspapers in the same in any other carrier obtaining control of Highway 309) to Wilkes-Barre, Pa., vehicle with passengers, over a deviation the operating rights; It further appear­ thence over Pennsylvania Highway 309 route as follows: Between Woodland, ing, that deviation notices Nos. 1-A, 7, (formerly U.S. Highway 309) to Hazleton, Calif., and Sacramento, Calif., over In­ 10, and 13 have been canceled at the Pa., thence over Pennsylvania Highway terstate Highway 5, for operating con­ request of Transcontinental Bus System, 29 to Tamaqua, Pa., thence over U.S. venience only.- The notice indicates that Inc.; And it further appearing, that in Highway 209 to Pottsville, Pa., and (2) the carrier is presently authorized to the circumstances presented here no use­ from Scranton, Pa., over U.S. Highway transport passengers and the same prop­ ful purpose would be served by requiring 11 to Binghamton, N.Y., thence over New erty, over a pertinent service route as a refiling and republication of those no­ York 12 to junction New York Highway follows: from Yuba City, Calif., over Cali­ tices listed in the heading which have 79 at Chenango Forks, N.Y., thence over fornia Highway 99 to junction Califor­ not been canceled, and that such action New York Highway 79 via Itaska, N.Y., nia Highway 113 (Tudor Junction), is deemed unnecessary to proper admin­ to Whitney Point, N.Y., thence over U.S. thence over California Highway 113 to istration of the said deviation rules; and Highway 11 to Syracuse, N.Y., thence Woodland, Calif., thence over California good cause appearing therefor: It is over New York Highway 57 to Oswego, Highway 16 to Sacramento, Calif., and ordered, that Continental Trailways, Inc., N.Y., and return over the same routes. return over the same route. be, and it is hereby, notified that the No. MC 50544 (Deviation No. 7), THE No. MC 2890* (Deviation No. 80) deviation notices set forth in the heading TEXAS AND PACIFIC MOTOR TRANS­ AMERICAN BUSLINES, INC., 1501 hereof shall be applicable to the opera­ PORT COMPANY, 210 North 13th Street, South Central Avenue, Los Angeles, tions of Continental Trailways, Inc., St. Louis, Mo. 63103, filed August 5,1969. Calif. 90021, filed August 5, 1969. Carrier subject to all of the conditions which Carrier proposes to operate as a common proposes to operate as a common car­ were attached to the original filing and carrier, by motor vehicle, of general com­ rier, by motor vehicle, of passengers and acceptance of such deviation notices, in­ modities, with certain exceptions, over their baggage, and express and news­ cluding the duty to continue to furnish deviation route as follows: Between Dal­ papers in the same vehicle with pas­ reasonable and adequate service from las, Tex., and Denton, Tex., over Inter­ sengers, over deviation routes as follows: and to all authorized points on its reg­ state Highway 35E, for operating con­ (1) From Rock Springs, Wyo., over In­ ular service routes. It is further ordered, venience only. The notice indicates that terstate Highway 80 to Salt Lake City, that notice of this order shall be given the carrier is presently authorized to Utah, and (2) from Rock Springs, Wyo., by publication thereof in the F ederal transport the same commodities, over a over Interstate Highway 80 to junction R egister. And it is further ordered, that pertinent service route as follows: from Interstate Highway 80N, thence over In­ this order shall become effective 30 days Dallas, Tex., over U.S. Highway 80 to terstate Highway 80N to Ogden, Utah, from the date that notice thereof is Fort Worth, Tex., thence over U.S. High­ thence over Interstate Highway 15 to given in the F ederal R egister. way 377 to Denton, Tex., and return over Salt Lake City, Utah, and return over By the Commission. the same route. the same routes, for operating conven­ ience only. The notice indicates that the [seal] H. Neil Garson, No. MC 106401 (Deviation No. 18), carrier is presently authorized to trans­ Secretary. JOHNSON MOTOR LINES, INC., 2426 port passengers and the same property, [F.R. Doc. 69-9860; Filed, Aug. 19, 1969; North Graham Street, Post Offices. Box over pertinent service routes as follows: 8:48 ajn.] 10877, Charlotte, N.C. 28201, filed Au­ (1) From Rock Springs, Wyo., over U.S. gust 4, 1969. Carrier proposes to operate Highway 30 to junction U.S. Highway [Notice 1322] as a common carrier, by motor vehicle, 30S, thence over U.S. Highway 30S to of general commodities, with certain ex­ Uintah Junction, Utah, thence over U.S. MOTOR CARRIER APPLICATIONS AND ceptions, over a deviation route as fol­ Highway 89 to junction U.S. Highway CERTAIN OTHER PROCEEDINGS lows: From Atlanta, Ga., over Interstate 91, thence over U.S. Highway 91 to Salt Highway 20 to Birmingham, Ala. Lake City, Utah, and (2) from Uintah August 15,1969. (traversing portions of U.S. Highway 78 Junction, Utah, over U.S. Highway 30S The following publications are gov­ pending completion of Interstate High­ via Uintah, Utah, to junction Utah High­ erned by the new Special Rule 1.247 of

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13449 the Commission’s rules of practice, pub­ Box E, Bowling Green, Ky. 42101. Peti­ ries therefor, between points in Philadel­ lished in the F ederal R egister, issue of tioner states that on February 24, 1969, phia County, Pa., on the one hand, and, December 3,1963, which became effective it was issued a Certificate of Public Con­ on the other, points in Connecticut, January 1,1964. venience and Necessity authorizing the Delaware, Maryland, Massachusetts, The publications hereinafter set forth, following service: “Irregular routes: New Jersey, New York, and the District reflect the scope of the applications as General commodities, except those of of Columbia”; and in its certificate No. filed by applicant, and may include de­ unusual value, classes A and B explo­ MC 45764 (Sub-No. 11) which reads: scriptions, restrictions, or limitations sives, household goods as defined by the “Machines and machinery, and parts which are not in a form acceptable to the Commission, commodities in bulk, com­ and accessories therefor, which because Commission. Authority which ultimately modities requiring special equipment, of size or weight, require special equip­ may be granted as a result of the applica­ and those injurious or contaminating to ment between Philadelphia, Pa., and tions here noticed will not necessarily other lading, between the plantsite and points in Pennsylvania, New Jersey, reflect the phraseology set forth in the storage facilities of the Reed Candy Co., Delaware, and Maryland within 75 application as filed, but also will elimi­ Campbellsville, Ky., on the one hand, miles of Philadelphia, on the one hand, nate any restrictions which are not ac­ and, on the other, points in Alabama, and, on the other, points in Connecticut ceptable to the Commission. Georgia, Illinois, Indiana (except Ander­ and Massachusetts.” Petitioner further son, Fort Wayne, Indianapolis, and states that factors, now requiring mod­ Applications Assigned for Oral H earing Marion), Louisiana, Mississippi, Mis­ ification of the subject certificates, MOTOR CARRIERS OF PROPERTY souri, North Carolina, Ohio (except Cin­ were not present at the time of their No. MC 133315 (Republication), filed cinnati and' Dayton), Pennsylvania, issuance, nor could they have been rea­ South Carolina, Tennessee, Virginia, sonably foreseen. Petitioner or its pred­ November 25,1968, published in the F ed­ West Virginia, and Wisconsin.” Peti­ ecessor had no way of knowing when it eral R egister issue of December 19,1968, and republished this issue. Applicant: tioner states that the Sub-13 certificate applied for or was granted authority to ASBURY SYSTEM, 2222 East 38th has been and is being used for tacking transport “machines and machinery” Street, Vernon, Calif. 90058. Applicant’s purposes with other grants of authority that such authority would take on a dif­ representative: James W. Wade, 729 Cit­ in its certificates MC 38320 and subs. ferent meaning throughout the years izens National Bank Building, 453 South That approximately 1 month ago the then envisaged in the Classification case, Spring Street, Los Angeles, Calif. 90013. Reed Candy Co. permanently closed its infra, and that such authority would be By application filed November 25, 1968, plant at Campbellsville, Ky., which reduced in scope by interpretive decisions applicant seeks a permit authorizing op­ plant’s closing could result in Petitioner so that it would not allow the holder of erations, in interstate or foreign com­ losing the right to join the Sub-13 cer­ such authority to perform a complete merce, as a contract carrier by motor tificate with other grants of authority heavy-hauling service. By the instant pe­ vehicle, over irregular routes, of petro­ in its certificate MC 38320 and subs. tition, Petitioner states it is here seeking leum coke, in bulk, from the petroleum Hence, the request is made in this peti­ relief, as accorded other heavy-special­ coke-producing plant of Standard Oil tion to substitute Campbellsville, Ky., as ized carriers in the past. Petitioner would Co. of California, El Segundo, Calif., to the base point in Petitioner’s Sub-13 cer­ have the commodity description in its Long Beach, Calif., under a contract with tificate in lieu of the plantsite of Reed Sub-7 certificate be modified so as to Standard Oil Co. of California. A sup­ Candy Co., Campbellsville, Ky. By the read as follows: New or used machines plemental order of the Commission, Op­ instant petition, Petitioner seeks to have and commodities, the transportation of erating Rights Board, dated July 25, its authority in said Sub-13 modified to which because of their size or weight re­ 1969, and served August 4, 1969, finds read as follows: “Irregular routes: Gen­ quire special handling or special equip­ that the present and future public con­ eral commodities, except those of un­ ment and related contractors’ materials, venience and necessity require operation usual value, classes A and B explosives, supplies, and equipment, when the trans­ by applicant, in interstate or foreign household goods as defined by the Com­ portation is incidental to the transporta­ commerce, as a common carrier by motor mission, commodities in bulk, commodi­ tion by carrier of commodities which by vehicle, over irregular routes, of petro­ ties requiring special equipment, and reason of size or weight require special leum coke, in bulk, from the plantsite of those injurious or contaminating to other handling or special equipment. Petitioner Standard Oil Co. of California, at El lading, between Campbellsville, Ky., on states that inasmuch as the Sub-11 cer­ Segundo, Calif., to Long Beach, Calif.,* the one hand, and, on the other, points tificate of petitioner is inextricably re­ that applicant is fit, willing, and able in Alabama, Georgia, Illinois, Indiana, lated to the Sub-7 certificate and was properly to perform such service and to (except Anderson, Fort Wayne, India­ granted as the result of a gateway-elimi­ conform to the requirements of the In­ napolis and Marion), Louisiana, Missis­ nation proceeding (unopposed), based on terstate Commerce Act and the Commis­ sippi, Missouri, North Carolina, Ohio operations under the Sub-7 certificate, it sion’s rules and regulations thereunder. (except Dayton and Cincinnati), Penn­ requests that the commodity description Because it is possible that other persons, sylvania, South Carolina, Tennessee, Vir­ in the Sub-11 certificate likewise be mod­ who have relied upon the notice of the ginia, West Virginia, and Wisconsin.” ified. Any person or persons desiring to application as published, may have an Any person or persons desiring to par­ participate, may file an original and six interest in and would be prejudiced by ticipate, may file an original and six copies of his written representations, the lack of proper notice of the authority copies of his written representations, views or arguments in support of, or described in the findings of this order, a views or arguments in support of, or against the petition within 30 days from notice of the authority actually granted against the petition within 30 days from the date of publication in the F ederal the date of publication in the F ederal will be published in the F ederal R egister R egister. and issuance of a certificate in this pro­ R egister. No. MC 78175 and MC 78175 (Sub-No. ceeding will be withheld for a period of Nos. MC 45764 (Sub-Nos. 7 and 11) 3) (Notice of Filing of Petition for Waiver 30 days from the date of such publica­ (Notice of Filing of Petition for Waiver of Rule 101(e) for Reconsideration and tion, during which period any proper of* Rule 1.101(e), for Reconsideration, Modification of Certificates), filed party in interest may file a petition to and for Modification of Certificates), July 14, 1969. Petitioner: PELLETIER reopen or for other appropriate relief filed July 22, 1969. Petitioner: ROBBINS TRUCKING CO., INC., Pawtucket, R.I. setting forth in detail the precise manner MOTOR TRANSPORTATION, INC., Petitioner’s representative: Frederick T. in which it has been so prejudiced. Eddystone, Pa. Petitioner’s representa­ O’Sullivan, Adams Building, 372 Granite tive: Paul F. Sullivan, Suite 701, Wash­ Avenue, Milton, R.I. 02186. Petitioner, as N otice of F iling of P etitions ington Building, 15th and New York here pertinent states it holds authority in No. MC 38320 (Sub-No. 13) (Notice Avenue NW., Washington, D.C. 20005. its certificates MC 78175 and MC 78175 of Filing of Petition To Modify Certifi­ Petitioner, as here pertinent, states it Sub-3 as follows: Irregular routes: Ma­ cate) , filed July 28, 1969. Petitioner: holds authority in its certificate No. MC chinery, uncrated, between Bridgeport, CENTRAL MOTOR EXPRESS, INC., 45764 (Sub-No. 7), which authorizes the Conn., on the one hand, and, on the other, Campbellsville, Ky. Petitioner’s repre­ transportation of “New or used machines points in that part of New York and New sentative: Robert M. Pearce, Post Office and machinery, and parts and accesso­ Jersey within 100 miles of Bridgeport,

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13450 NOTICES Heavy machinery, between Bridgeport, be fixed for the purpose of determining of filing of applications by motor carriers Conn., on the one hand, and, on the whether the proposed transaction is of property or passengers under sections other, Philadelphia, Pa., and points in within the exemption of section 5(10) of 5(a) and 210a(b) of the Interstate Com­ Massachusetts, Rhode Island, New York, the Act, and whether, under § 1132.5(b) merce Act and certain other proceedings and New Jersey. Textile and heavy ma­ of the Rules and Regulations Governing with respect thereto. (49 CFR 1.240). chinery and parts and accessories, there­ Transfers of Operating Rights, the sub­ MOTOR CARRIERS OF PROPERTY fore, between points in Connecticut, ject are dormant and susceptible of Rhode Island, Massachusetts, and Ver­ transfer. No. MC-F-10516. (Correction) mont. Machinery, between Central Falls No. MC-FC 71083. Authority sought (SMITH’S TRANSFER CORP.—CON­ and Pawtucket, R.I., on the one hand, by transferee, Pauline E. Richardson, TROL &MERGER — BATTLETOWN and, on the other, Bristol, East Hartford, doing business as Rich’s South Shore TRANSFER, INC.), published in the Hartford, and New Haven, Conn., Bos­ Express, 732 Nantasket Avenue, Hull, June 25, 1969, issue of the F ederal R eg­ ton, Beverly, Hopedale, Indian Orchard, Mass. 02045, for transfer of the operat­ ister, on page 9834. This correction tc Northbridge, Springfield, West Spring- ing rights of transferor, Vernon T. Fow­ Show SMITH’S TRANSFER CORPORA­ field, and Worcester, Mass., and New ler, doing business as Fowler’s Express, TION seeks to control and merge the op­ York, N.Y., and Bennington, Vt. Between 539 South Avenue, Whitman, Mass. erating rights and property of BATTLE- Westerly, R.I., on the one hand, and, on 03282. Transferee’s and transferor’s rep­ TOWN TRANSFER, INC., in lieu of pur­ the other, Fall River, Mass., Jewett City resentative, Francis P. Barrett, 60 chase of the operating rights as statec5 and Noank, Conn. Between Paterson, Adams. Street, Milton, Mass. 02187. Op­ in prior notice. N.J., and Pawtucket, R.I. From Boston erating rights in certificate of registra­ No. MC-F-10564. (Correction) (The and Malden, Mass., to Coventry and tion No. MC-58425 (Sub-No. 2) sought Cleveland, Columbus, & Cincinnati High­ Lincoln, R.I., with no transportation for to be transferred, authorize the transpor­ way, Inc.—purchase (portion) —Motor compensation on return except as other­ tation over irregular routes of: General Express, Inc., published in the August 6, wise authorized. Machinery and bakery commodities within the Commonwealth 1969; issue of the F ederal R egister, on equipment, between points and places in of Massachusetts. page 12810. This correction to show au­ Massachusetts, Connecticut, and New The above-entitled transfer applica­ thority sought to be transferred should York, N.Y. Petitioner further states the tion under section 212(b) of the Inter­ read: General commodities, except authority described above for “Ma­ state Commerce Act is to be assigned for liquids in bulk, in tank trucks, household chinery, uncrated”, is a “grandfather hearing on a consolidated record with goods as defined by the Commission, class- right”. It was originally applied for by the proceeding in No. MC-C 6401, at a A and B explosives, green hides, livestock, Gazzi Bachman, doing business as Bach- time and place to be fixed, for the pur­ money, valuable documents and papers, mon Motor Lines in No. MC 85077. Pe­ pose of determining, among other postage stamps, letters, precious stones, titioner states its machinery commodity things, whether transferee is fit, under and other articles of extraordinary value, descriptions are not responsive to the § 1132.3 of the Rules and regulations articles inherently injurious to other proof adduced in the “grandfather” pro­ Governing Transfers of Operating freight and carrier equipment, and com­ ceedings. The present language falls Rights, to acquire the rights proposed modities not suitable to motor transpor­ short of reflecting the operations per­ for transfer. tation by reason of weight limitations or formed before and since June 1, 1935, by The Bureau of Enforcement has been otherwise, as a common carrier, over petitioner and/or petitioner’s predeces­ directed to participate in the consoli­ regular routes, between Wheeling, sors. By the instant petition, petitioner dated proceeding for the purpose of W. Va., and Pittsburgh, Pa., in lieu of seeks to modify its machinery grants to presenting evidence and otherwise the prior notice. read as follows: “Commodities which be­ developing the record. No. MC-F-10579. Authority sought for cause of size or weight require special No. MC-FC-71387. Authority sought by purchase by THE HENE LINE, 247 Em­ equipment and all related machinery transferee, WEST END TRANSFER, met Street, Newark, N.J. 07114, of the parts and related contractors” materials INC., 1508 Jefferson Street, Bluefield, operating rights of NELSON TRUCK­ and supplies when their transportation is W. Va. 24701, for transfer of the operat­ ING, INC., Burket, Ind. 46508, and for incidental to the transportation of com­ ing rights of transferor, JACK RICHIE, acquisition by WARREN E. H1NE, and modities which, by reason of size or Oceana, W. Va. 24870. Transferee’s and MADELEINE J. HINE, both of Chimney weight, require special equipment. Any transferor’s representative, Robert W. Rock Road, Martinsville, N.J. 08836, of person or persons desiring to participate, Hensley, Suite 301, Coal and Coke Build­ control of such rights through the pur­ may file an original and six copies of his ing, Bluefield, W. Va. 24701. Operating chase. Applicants’ attorneys: Herman written representations, views or argu­ rights in certificate No. MC-113298 B. J. Weckstein, 60 Park Place, Newark, ments in support of, or against the peti­ sought to be transferred, authorize the N.J. 07102, and Warren C. Moberly, 1212 tion within 30 days from the date of pub­ transportation over irregular routes of Fletcher Trust Building, Indianapolis, lication in the F ederal R egister. household goods between Oceana, W. Va., Ind. 46204. Operating rights sought to and points within 10 miles thereof in be transferred: Petroleum oils and T ransfer Applications U nder S ection Wyoming County, W. Va., on the one greases, in containers, as a common car­ 212(b) W hich H ave B een D esignated hand, and, on the other, points in Ohio, rier, over regular routes, from Chicago, for Oral H earing Pennsylvania, Maryland, Virginia, North 111., to Columbia City, Ind., serving no No. MC-FC-69882. Authority sought Carolina, Tennessee, Kentucky, and the intermediate points; farm machinery, by transferee, Louis R. Shannon, Post District of Columbia. over regular and irregular routes, from Office Box 584W, West Rutland, Vt. The above-entitled transfer applica­ Chicago, HI., to points in Indiana; iron 05777, for transfer of the operating tion under section 212(b) of the Inter­ or steel fencing and fence posts, from rights of transferor, Robert E. Wood, state Commerce Act is to be assigned for Chicago, HI., to points in Indiana, Box 421, West Rutland, Vt. 05777. Ap­ hearing at a time and place to be fixed from Chicago Heights, HI., to points in plicants’ attorneys: Ferdinand Born and for the purpose of determining whether Indiana; fertilizer, over irregular routes, Walter F. Jones, Jr., 601 Chamber of full and complete information was pre­ from Chicago Heights, HI., to points in Commerce Building, Indianapolis, Ind. sented to the Commission for proper dis­ Hlinois in the Chicago, HI., commercial 46204. The operating rights in certifi­ position of such application. zone, as defined by the Commission, ex­ cate No. MC-33789 sought to be trans­ The Bureau of Enforcement has been cept Chicago to points in that part of ferred authorize generally the trans­ directed to participate as a party in this Tnriifl.na. on and north of UJ5. Highway portation of slate, granite, and lumber proceeding. 40, from Chicago Heights, HI., to certain from and to points in the New England specified points in Indiana, from Chi­ Applications Under S ections 5 and cago, HI., to points in Indiana on and area. 210a(b) The above-entitled transfer applica­ north of U.S. Highway 40, and certain tion under section 212(b) of the Inter­ The following applications are gov­ specified points in Ohio, from Sandusky, state Commerce Act is to be assigned for erned by the Interstate Commerce Com­ Ohio, Detroit, Mich., and points in the further hearing at a time and place to mission’s special rules governing notice Chicago, HI., commercial zone, as de-

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13451 fined by the Commission, to points in 30; packing-house byproducts, between sought to be transferred: Such com­ Indiana, except from Chicago, to points points In Indiana and Ohio, on the one modities, as heavy machinery, vaults, in Allen, Adams, Huntington, Kosciusko, hand, and, on the other, points in the safes, and articles requiring specialized Noble, Wabash, Wells, and Whitley Lower Peninsula of Michigan, between handling or rigging, because of size or Counties, Ind., from Cincinnati, Ohio, to Louisville, Ky., and points in Ohio, on weight, as a common carrier, over points in Indiana; feeds, from Argo and the one hand, and, on the other, points irregular routes, between Boston, Mass., Chicago Heights, HI., to points in that in the Chicago, HI., commercial zone, as and points in Massachusetts within 50 part of Indiana on and north of U.S. defined by the Commission, and certain miles of Boston, on the one hand, Highway 40, from Chicago, HI., to points specified points in Wisconsin, from cer­ and, on the other, points in Massa­ in that part of Indiana on and north of tain specified points in Indiana, to Chi­ chusetts, Rhode Island, Connecticut, U.S. Highway 40, except those in Kos­ cago, 111., from points within 25 miles New Jersey, Vermont, New Hampshire, ciusko, Whitley, Wabash, Pulton, Mar­ of Archbold, Wauseon, Bryan, Postoria, Maine, and the New York, N.Y., com­ shall and Elkhart Counties, Ind., from Defiance, C arey, Mansfield, M arion, mercial zone, as defined by the Commis­ points in Hlinois in the Chicago, HI., Columbus, Y ou n gstow n , Lima, and sion. Vendee is authorized to operate as commercial zone, as defined by the Com­ Wapakoneta, Ohio, to Chicago, HI.; salt, a common carrier in Massachusetts, mission, except Chicago, to points in that from Detroit, Mich., to points in Indiana Rhode Island, Connecticut, and New part of Indiana on and north of U.S. on and north of U.S. Highway 40; sheep Hampshire. Application has not been Highway 40; cracklings, from points in pelts, from certain specified points in filed for temporary authority under sec­ Indiana on and north of U.S. Highway Indiana, to Chicago, HI.; steel fence posts, tion 210a(b). 40, except those in Kosciusko, Whitley, from Chicago Heights, 111., to points in No. MC-F-10581. Authority sought Wabash, Pulton, Marshall, and Elkhart Indiana on and north of U.S. Highway for purchase by EDMIER TRANSPOR­ Counties, to Chicago HI.; 40; tankage, cracklings, and other TATION, INC., 1500 South Cicero Ave­ Feed, from Chicago, 111., to certain packers’ offal byproducts, and empty nue, Cicero, 111. 60650, of the operating specified points in Indiana, from points tallow drums, between points in the Chi­ rights of PARK TRUCKING AND SUP­ in the Chicago, HI., commercial zone, as cago, HI., commercial zone, as defined by PLY, INC. (District Director of Internal defined by the Commission, except Chi­ the Commission, Waukegan, 111., certain Revenue, Assignee), 534 Main Street, cago, to points in Indiana, except points specified points in Ohio, Jeffersonville, Evanston, HI. 60202, and for acquisition in Allen, Adams, Huntington, Kosciusko, Ind.* and Milwaukee, Wis., on the one by JOHN L. EDMIER, THOMAS W. Noble, Wabash, Wells, and Whitley Coun­ hand, and, on the other, points in that EDMIER, WILLIAM L. EDMIER, and ties, Ind.; grease, casings, tankage, part of Michigan on and south of Michi­ JAMES J. EDMIER, all also of Cicero, cracklings, and tallow drums, between gan Highway 46; twine, from Chicago, 111., of control of such rights through Port Wayne, Ind., on the one hand, and, HI., to cerain specified points in Indiana; the purchase. Applicants’ attorneys: Ax­ on the other, certain specified points in used empty egg cases, set up, in truckload elrod, Goodman and Steiner, 39 South Ohio, Detroit, Mich., and Louisville, Ky.; lots, from Chicago, 111., to Burket, Ind.; La Salle Street, Chicago, 111. 60603. Op­ hides and tallow, between Port Wayne, Feed and fertilizer, from East St. erating rights sought to be transferred: Ind., on the one hand, and, on the other, Louis, 111., and Toledo, Ohio, to points Cement, in bulk, in tank vehicles, as a certain specified points in Ohio, Detroit, in Indiana; hides, from points in Indi­ common carrier, over irregular routes, Mich., and Louisville, Ky., between points ana to Waukegan, HI., and Fond du Lac from Buffington, Ind., to certain speci­ in the Chicago, HI., commercial zone, as and Milwaukee, Wis.; hides, tallow, and fied points in Hlinois, fly ash, in bulk, in defined by the Commission, Waukegan, cracklings, from points in Indiana, except tank vehicles, from Chicago, 111., to points HI., certain specified points in Ohio, Jef­ Fort Wayne, to Cincinnati, Dayton, and in Indiana and Wisconsin; inedible salt, fersonville, Ind., and Milwaukee, Wis., New London, Ohio, and Louisville, Ky., in bulk, from Chicago, HI., to points in on the one hand, and, on the other, points from points in Indiana to Postoria, Indiana; and cement, from points in the in that part of Michigan on and south Ohio, from Cleveland, Ohio, to Fort Chicago, 111., commercial zone as defined of Michigan Highway 46, from points Wayne, Ind., from points in Hlinois on by the Commission (except Buffington, within 25 miles of Archbold, Wauseon, and east of U.S. Highway 51, except Ind.), to points in Indiana and Wiscon­ Bryan, Postoria, Defiance, Carey, Mans­ Chicago, HI., to certain specified points sin. Vendee is authorized to operate as a field, Marion, Columbus, Youngstown, in Indiana, between points in Indiana common carrier in Illinois, Wisconsin, Lima, and Wapakoneta, Ohio, to Chicago, south of U.S. Highway 40, on the one and Indiana. Application has been filed 111., from points in Indiana on and north hand, and, on the other, Chicago, 111.; for temporary authority under section of UJS. Highway 40 except those in Ful­ and green salted hides, between points 210a(b). N ote: See also No. MC-F-10581 ton, Marshall, and Elkhart Counties, Ind., in Hlinois, Wisconsin, Michigan, Indi­ (DAN LODESKY TRUCKING, INC.— to Chicago, HI.; livestock, between Chi­ ana, Ohio, Pennsylvania, West Virginia, Purchase (Portion)—EDMIER TRANS­ cago and Chicago Heights, HI., points in New York, St. Louis, Mo., Louisville, PORTATION, INC.), published this Indiana on and north of U.S. Highway Ky., certain specified points in Mary­ same issue. 40, and points in Ohio west of a line land and New Jersey, with restriction. No. MC-F-10582. Authority sought for beginning at Cleveland, Ohio, and ex­ THE HINE LINE is authorized to purchase by DAN LODESKY TRUCK­ tending in a southwesterly direction operate as a common carrier in New ING, INC., Post Office Box 236, Gurnee, through Columbus, Ohio, to Cincinnati, York, Maryland, Delaware, New Jersey, 111. 60031, of a portion of the operating Ohio, from certain specified points in Pennsylvania, Connecticut, and Massa­ rights of EDMIER TRANSPORTATION, Indiana, to Detroit, Mich., from Port chusetts. Application has been filed for INC., 1500 South Cicero Avenue, Cicero, Wayne, Ind., to Canton, Ohio, and Ionia, temporary authority under section 111. 60650, and for acquisition by DANIEL Mich., from paints in that part of Michi­ 210a(b). F. LODESKY, JR., Post Office Box 236, gan on and south of Michigan Highway No. MC-F-10580. Authority sought for Gurnee, 111. 60031, of control of such 46 to Chicago, HI., Indianapolis, Ind., and purchase by HALLAMORE MOTOR rights through the purchase. Applicants’ Toledo, Ohio, from points in Indiana to TRANSPORTATION, INC., 795 Plym­ attorneys: Axelrod, Goodman and East St. Louis, HI., St. Louis, Mo., Buffalo, outh Street, Holbrook, Mass. 02343, of Steiner, 39 South La Salle Street, Chi­ N.Y., Harrisburg and Reading, Pa., and the operating rights and certain prop­ cago, 111. 60603. Operating rights sought those in the Lower Peninsula of Michi­ erty of BERNARDO BROS. INC., 129 to be transferred: (This authority is gan, from St. Louis, Mo., and points in Providence Street, Boston (Hyde Park), presently in the name of PARK TRUCK­ Illinois, to points in the Chicago, 111., Mass., and for acquisition by JOSEPH ING AND SUPPLY, INC., and is being commercial zone, as defined by the Com­ L. BARRY, JOSEPH L. BARRY, JR., sought in MC-F-10581, by EDMIER mission, and points in Indiana, Ohio, and and DENNIS E. BARRY, all also of Hol­ TRANSPORTATION, INC.) Cement, in the Lower Peninsula of Michigan; brook, Mass., of control of such rights bulk, in tank vehicles, as a common car­ Livestock, in truckload lots, from and property through the purchase. rier, over irregular routes, from Buffing­ Louisville, Ky., to Elkhart, Ind., from cer­ ton, Ind., to points in that part of Hlinois Applicants’ attorney; Prank J. Weiner, bounded by a line beginning at the shores tain specified points in Indiana, to points Investors Building, 536 Granite Street, of Lake Michigan at the Lake-Cook in Ohio on and north of U.S. Highway Braintree, Mass. 02184. Operating rights County line; thence extending westerly

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 No. 169-----7 13452 NOTICES along the Lake-Cook County line to its cept in dump vehicles), from Chicago, the same routes to Highway 27; thence intersection with U.S. Highway 14; 111., to points in the above destination south to Pine Knot, Ky., to State High­ thence northwesterly over U.S. Highway territory; lime, in bulk, from Chicago, way 92, east 6 miles to Old Mill, and re­ 14 to junction Illinois Highway 176; 111., to points in Indiana, Michigan, and turn to Highway 27, with intermediate thence westerly over Illinois Highway 176 Wisconsin (except points in Iowa, Lafay­ stops at Kentucky Hills Industries and to junction U.S. Highway 20; thence ette, Green, Dane, Jefferson, Rock, Wal­ U.S. Forest Service Job Corp Center; westerly over UJ3. Highway 20 to junc­ worth, Waukesha, Milwaukee, Racine, thence north on Highway 27 to State tion Illinois Highway 2; thence northerly and Kenosha Counties, W is.); and gran­ Highway 700, east to Highway 90, and over Illinois Highway 2 to the Hlinois- ulated slag, in bulk, from Gary, Ind., return to point of origin. Both intra­ Wisconsin State line; thence easterly to Chicago Heights, HI.; and (2) Cement, state and interstate authority sought. along the Ulinois-Wisconsin State line in bulk and in bags, as a common car­ HEARING: Friday, September 19, to the shores of Lake Michigan; thence rier, over irregular routes, from Buffing­ 1969 at 10 a.m., e.d.s.t., in the Courthouse southerly along the shores of Lake Michi­ ton, Ind., to points in Hlinois located on at Whitley City, Ky. Requests for proce­ gan to the Lake-Cook County line, in­ and east of U.S. Highway 51, on and dural information including the time for cluding points on the indicated portions north of U.S. Highway 36, and south of filing protests concerning this applica­ of the highways specified. Vendee is au­ U.S. Highway 30, except Cissna Park, tion should be addressed to the Depart­ thorized to operate as a common carrier and not including any point within the ment of Motor Transportation, Fourth in Illinois, Wisconsin, Indiana, and commercial zone of any municipality lo­ Floor, State Office Building, Frankfort, Iowa. Application has been filed for tem­ cated on U.S. Highway 30, as defined by Ky. 40601, and should not be directed porary authority under section 210a(b). the Commission. Application has been to the Interstate Commerce Commission. N ote: See also No. MC-F-10581 ED- filed for temporary authority under sec­ State docket No. 4354, filed June 16, M3ER TRANSPORTATION, INC.— tion 210a(b). 1969, amended July 31, 1969. Applicant: Purchase—PARK TRUCKING & SUP­ By the Commission. ALLISON - LOGAN FREIGHT LINES, PLY, INC. (District Director of Internal INC., 100 North Catherine Street, Terrell, Revenue, Assignee), published this same [seal] H. Neil Garson, Tex. Applicant’s representative: Tom M. issue. Secretary. Snow, Post Office Box 727, Terrell, Tex. No. MC-F-10583. Authority sought for [F.R. Doc. 69-9861; Filed, Aug. 19, 1969; 75160. Certificate of public convenience purchase by FLORIDA TERMINALS 8:48 a.m.] and necessity sought to operate a freight AND TRANSPORT COMPANY, 2801 service as folows: Transportation of Clear Lake Road, Cocoa, Fla., of the op­ NOTICE OF FILING OF MOTOR General commodities, between Terrell and Dallas, Tex., and all intermediate erating rights and property of GEORGE CARRIER INTRASTATE APPLICATIONS A. DOBBERT, doing business as KNOL- points, along U.S. Interstate 20 and U.S. LENBERG’S MOTOR TRANSFER CO., A ugust 15,1969. Highway 80. Both intrastate and inter­ 500 South Garland Avenue, Orlando, Fla. The following applications for motor state authority sought. Applicant’s attorney: J. B. Rodgers, Jr., common carrier authority to operate in HEARING: Approximately , 30 days Metcalf Building, 100 South Orange Ave­ intrastate commerce seek concurrent after publication in F ederal R egister at nue, Orlando, Fla. 32801. Operating rights motor carrier authorization in inter­ the E. O. Thompson Building, 10th and sought to be transferred: General com­ state or foreign commerce within the Colorado Streets, Austin, Tex. Requests modities, except those of unusual value, limits of the intrastate authority sought, for procedural information including the classes A and B explosives, household pursuant to ^section 206(a)(6) of the time for filing protests concerning this goods as defined by the Commission, Interstate Commerce Act, as amended application should be addressed to the commodities in bulk, and commodities October 15, 1962. These applications are Railroad Commission of Texas, Trans­ requiring special equipment, restricted to governed by Special Rule 1.245 of the portation Division, Motor Transporta­ traffic moving in freight forwarder serv­ Commission’s rules of practice, published tion Section, Capitol Station, Post Office ice, as a common carrier, over irregular in the F ederal R egister, issue of April Drawer EE, Austin, Tex. 78711, and routes, from Orlando, Fla., to points in 11, 1963, page 3533, which provides, should not be directed to the Interstate' Orange, Lake, Marian, Volusia, Brevard, among other things, that protests and Commerce Commission. Seminole, Osceola, and Polk Counties, requests for information concerning the State docket No. 5733, Sub-2, filed Feb­ Fla. Vendee is authorized to operate un­ time and place of State Commission ruary 5, 1969. Applicant: LEWIS BROS. der a certificate of registration, as a com­ hearings or other proceedings, any sub­ STAGES, INC., 549 West Fifth S., Salit mon carrier within the State of Florida. sequent changes therein, any other re­ Lake City, Utah. Applicant’s representa­ Application has been filed for temporary lated matters shall be directed to the tive: Irene Warr, 419 Judge Building, authority under section 210a(b). State Commission with which the appli­ Salt Lake City, Utah 84111. Certificate of No. MC—F-10584. Authority sought for cation is filed and shall not be addressed public convenience and necessity sought purchase by STERLING FREIGHT to or filed with the Interstate Commerce to operate a passenger service as follows: LINES, INC., 5901 Archer Avenue, Chi­ Commission. Transportation of passengers and their cago, HI. 60638, of the, operating rights State docket No. 4334, filed June 23, )baggage between all points in Salt Lake and property (1) GEORGE R. STORM, 1969. Applicant: PERRY W. ANDER­ County, Utah; this application is in­ doing business as STORM TRUCKING SON, doing business as SCENIC TOURS, tended to encompass any “for hire” pas­ COMPANY, 17224 South Ellis Court, Box 124, Whitley City, Ky. 42653. Appli­ senger service, including by way of South Holland, HI., and (2) WATSON cant’s representative: George M. Catlett, illustration and not of limitation charter TRUCKING COMPANY, 943 South 171st McClure Building, Frankfort, Ky. 40601. operations, special operations, sightsee­ St., South Holland, HI., and far acquisi­ Certificate of public convenience and ing, excursions, tours, limousine service, tion by RICHARD JOUSMA, JESSIE necessity sought to operate a bus service etc., whether such transportation is JOUSMA, GEORGE JOUSMA, and as follows: Transportation of persons, originated by the carrier itself by sale of GERTRUDE JOUSMA, all also of Chi­ from the Cumberland Falls State Park tickets to individuals or groups, whether cago, 111., of control of such rights and Area on and over State Highway 90 to arranged through travel or tour broker­ property. Applicants’ attorneys: Themis U.S. Highway 27 at Parkers Lake, Ky.; age services or otherwise, and including N. Anastos, 120 West Madison Street, thence south to State Highway 927, west traffic which originated in interstate Chicago, HI. 60602, and Eugene L. Cohn, 1 to Turkey Creek Land, with intermedi­ commerce. On return movements, appli­ North La Salle Street, Chicago, HI. 60602. ate stops at Great Gulf Overlook and cant proposes to engage in the same Operating rights sought to be trans­ Natural Arch Scenic Area, and return operation. Both intrastate and interstate ferred: (1) Cement, as a common car­ to Highway 27; thence south to State authority sought. rier, over irregular routes, from the Highway 700, west to Yahoo Fall Scenic HEARING: Monday, September 8, plantsites and storage facilities of Dun­ Area, and return to Highway 27; thence . 1969, at 10 aon., 330 East Fourth S. dee Cement Co., and Marquette Cement south to State Highway 701, west to Street, Salt Lake City, Utah 84111. Re­ Co. at Chicago, HI., to certain specified State Highway 92 to State Highway 791 quests for procedural Information in­ points in Indiana; fly ash, In bulk (ex­ to Barthell m il Top, and return over cluding the time for fifing protests

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20r 1969 NOTICES 13453 concerning this application should be by motor vehicle, over irregular routes, shipper: Jones & Laughlin Steel Corp., addressed to the Utah Public Service transporting: Household goods as defined 700 Constitution Boulevard, New Ken­ Commission, 330 East Fourth S. Street, by the Commission, between points in sington, Pa. 15068. Send protests to: Salt Lake City, Utah 84111, and should Hawaii restricted to the handling of traf­ G. J. Baccei, District Supervisor, Bureau not be directed to the Interstate Com­ fic originating or destined to points of Operations, Interstate Commerce merce Commission. beyond the State of Hawaii, for 180 days. Commission, 181 Federal Office Build­ By the Commission. Note: Applicant intends to tack the au­ ing, 1240 East Ninth Street, Cleveland, thority sought herein with its existing Ohio 44199. [seal] H. N eil Garson, authority under MC 48374, and subs No. MC 106398 (Sub-No. 414 TA), filer Secretary. thereunder. Supporting shipper: Appli­ August 12, 1969. Applicant: NATIONAL [F.R.. Doc. 69-9859; Filed, Aug. 19, 1969; cant’s statement and past shipment TRAILER CONVOY, INC., 1925 National 8:48 a.m.] record. Send protests to: Andrew J. Plaza, Tulsa, Okla. 74151. Applicant’s Montgomery, District Supervisor, Inter­ representative: Irvin Tull, 1925 National [Notice 888] state Commerce Commission, Bureau of Plaza, Tulsa, Okla. 74151. Authority Operations, Room 1086, U.S. Courthouse sought to operate as a common carrier, MOTOR CARRIER TEMPORARY and Federal Office Building, 219 South by motor vehicle, over irregular routes, AUTHORITY APPLICATIONS Dearborn Street, Chicago, 111. 60604. % transporting: Frames and undercar­ No. MC 88220 (Sub-No. 20 TA), filed riages, designed to be equipped with hitch August 15,1969. August 13, 1969. Applicant: WABASH ball pintle hook connectors and compo­ The following are notices of filing of VALLEY TRUCKING, INC., U.S. High­ nent parts therof, from plant of B. & L. applications for temporary authority way No. 40 West, Brazil, Ind. Applicant’s of Alabama, Inc., Bear Creek, Ala., to under section 210a(a> of the Interstate representative: W. L. Jordan, Vigo points in Alabama, Georgia, Florida, Mis­ Commerce Act provided for under the County, Ind. Authority sought to oper­ sissippi, Louisiana, Arkansas, and Ten­ new rules of Ex Parte No. MC-67 (49 ate as a common carrier, by motor vehi­ nessee, for 180 days. Supporting shipper: CFR Part 340), published in the F ederal cle, over irregular routes, transporting: B. & L. of Alabama, Inc., Post Office Box R egister, issue of April 27,1965, effective Clay sewer pipe and fittings; therefore, 57, Bear Creek, Ala. 35543. Send protests July 1,1965. These rules provide that pro­ clay wall coping and clay flue lining: to: C. L. Phillips, District Supervisor, In­ tests to the granting of an application from Whitehall, 111., to points in Indiana, terstate Commerce Commission, Bureau must be filed with the field official named Iowa, Missouri, and Wisconsin, for 180 of Operations, Room 240, Old Post Office in the F ederal R egister publication, days. Supporting shipper: Amvit of Building, 215 Northwest Third, Okla­ within 15 calendar days after the date Brazil, Indiana, Brazil, Ind. Send pro­ homa City, Okla. 73102. of notice of the filing of the application tests to: James W. Habermehl, District No. MC 106647 (Sub-No. 40 TA), filed is published in the F ederal R egister. One Supervisor, Interstate Commerce Com­ August 11, 1969. Applicant: CLARK copy of such protests must be served on mission, Bureau of Operations, 36 South TRANSPORT COMPANY, INC., Post the applicant, or its authorized repre­ Pennsylvania Street, 802 Century Build­ ing, Indianapolis, Ind. 46204. Office Box 395, Chicago Heights, 111. sentative, if any, and the protests must 60411. Applicant’s representative: certify that such service has been made. No. MC 100449 (Sub-No. 13 TA), filed Charles W. Singer, Suite 1625, 33 North The protests must be specific as to the August 11, 1969. Applicant: MALLLIN- Deaihom Street, Chicago, HI. 60602. Au­ service which such protestant can and GER TRUCK LINE, INC., Otho, Iowa thority sought to operate as a common will offer, and must consist of a signed 50569. Applicant’s representative: Wil­ carrier, by motor vehicle, over irregular original and six copies. liam A. Landau, 1451 East Grand Ave­ routes, transporting: Automobiles, trucks A copy of the application is on file, and nue, Des Moines, Iowa 50306. Authority and buses in truckaway service, re­ can be examined at the office of the sought to operate as a common carrier, stricted to secondary movements, from Secretary, Interstate Commerce Com­ by motor vehicle, over irregular routes, Minneapolis and St. Paul, Minn., to mission, Washington, D.C., and also in transporting: Clay pipe and fitting, clay points in Douglas, Bayfield, Ashland, field office to which protests are to be products and joint materials, from Le­ Burnett, Washburn, Sawyer, Polk, transmitted. high, Iowa, to points in Oklahoma, for Barron, Rusk, Price, Taylor, St. Croix, Motor Carriers of P roperty 150 days. Supporting shipper: W. S. Dunn, Chippewa, Clark, Pierce, Pepin, Dickey Clay Manufacturing Co., Post Eau Claire, Buffalo, Jackson, Trempea­ No. MC 19105 (Sub-No. 25 TA), filed Office Box 13125, Kansas City, Mo. 64199. leau, and La Crosse Counties, Wis. Re­ August 13, 1969. Applicant: FORBES Send protests to: Ellis L. Annett, Dis­ striction: The above authority is re­ TRANSFER COMPANY, INC., Post trict Supervisor, Bureau of Operations, Office Box 346, 301A Highway South, stricted against traffic originating at the Interstate Commerce Commission, 677 plantsites of American Motors Corp., Wilson, N.C. 27893. Applicant’s repré­ Federal Building, Des Moines, Iowa sentative: Morton E. Kiel, 140 Cedar 50309. Kenosha, Wis., and International Har­ Street, New York, N.Y. 10006. Authority vester Co., at Fort Wayne, Ind., and No. MC 102982 (Sub-No. 17 TA), filed Springfield, Ohio, for 180 days. Support­ sought to operate as a common carrier, August 11, 1969. Applicant: GEORGE by motor vehicle, over irregular routes, ing shipper: Robert W. Hoelzle, Traffic W. KUGLER, INC., 2800 East Waterloo Manager, Oldsmobile, Division of Gen­ transporting: Meat and meat products, Road, Akron, Ohio 44312. Applicant’s in vehicles equipped with mechanical eral Motors Corp., Lansing, Mich. 48921. representative: John P. McMahon, 100 Send protests to: Roger L. Buchanan, refrigeration and meat rails, from Wil­ East Broad Street, Columbus, Ohio son, N.C., to Washington, D.C., and West District Supervisor, Federal Building, 43215. Authority sought to operate as a Bureau of Operations, Room 1086, Inter­ Virginia, for 180 days. Supporting ship­ contract carrier, by motor vehicle, over Co., 115 West Jackson state Commerce Commission, 219 South per: Swift and irregular routes, transporting: Steel con­ Dearborn Street, Chicago, 111. 60604. Boulevard, Chicago, 111. 60604. Send pro­ duit pipe and electrical metallic tubing tests to: Archie W. Andrews, District No. MC 107496 (Sub-No. 742 TA), filed and fittings therefor, unloaded by me­ August 12, 1969. Applicant: RUAN Supervisor, Bureau of Operations, Inter­ chanical devices furnished by carrier, state Commerce Commission, Post Office TRANSPORT CORPORATION, Keosau- from Niles, Ohio, and New Kensington, qua Way at Third, Des Moines, Iowa Box 10885, Cameron Village Station, Pa., and the commercial zones thereof, Raleigh, N.C. 27605. to points in Connecticut, Delaware, 50309. Applicant’s representative: E. No. 48374 (Sub-No. 8 TA), filed Au­ Check (same address as above). Author­ Illinois, Indiana, Iowa, Kentucky, Maine, ity sought to operate as a common car­ gust 11, 1969. Applicant: FERNSTROM Maryland, Massachusetts, New Hamp­ STORAGE AND VAN COMPANY, Post shire, Michigan, New Jersey, New York, rier, over irregular routes, transporting: Office Box 66220, Chicago, HI. 60666. Ap­ North Carolina, Ohio, Pennsylvania, Road asphalts and residual fuel oil, in plicant’s representative: Donald A. Rhode Island, Tennessee, Vermont, West bulk, from Superior, Wis., to points in the Morken, 1000 First National Bank Build­ Virginia, Wisconsin, Missouri, Minne­ Upper Peninsula of Michigan and points ing, Minneapolis, Minn. 55402. Authority sota, Georgia, Florida, and the District in Kittson, Roseau, Marshall, Polk, Pen­ sought to operate as a common carrier, of Columbia, for 180 days. Supporting nington, and Red Lake Counties, Minn.,

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13454 NOTICES for 150 days. Supporting shipper: Mur­ by motor vehicle, over irregular routes, INC., 4120 Floyd Boulevard, Post Office phy Oil Corp., Marketing Division, Post transporting: Salt, dry, in bulk, from Box 6, Leeds Station, Sioux City, Iowa Office Box 2066, Superior, Wis. 54880. Winston-Salem, N.C., to points in North 51108. Authority sought to operate as a Send protests to: Ellis L. Annett, Dis­ Carolina, restricted to shipments having common carrier, by motor vehicle, over trict Supervisor, Bureau of Operations, had a prior movement via rail, for 180 irregular routes, transporting: Meat, Interstate Commerce Commission, 677 days. Supporting Shipper: International meat products, and meat byproducts and Federal Building, Des Moines, Iowa 50309. Salt Co., Southern Traffice Office, Whit­ articles, distributed by meat packing­ No. MC 108207 (Sub-No. 269 TA), filed ney Bank Building, New Orleans, La. houses as described in sections A and C of August 11, 1969. Applicant: FROZEN 70130. Send protests to: Jack K. Huff, appendix I to the report in Descriptions FOOD EXPRESS, 318 Cadiz Street, Post District Supervisor, Interstate Commerce to Motor Carrier Certificates, 61 M.C.C. Office Box 5888, Dallas, Tex. 75222. Ap­ Commission, Bureau of Operations, 316 209 and 766 (except hides and commodi­ plicant’s representative: J. B. Ham (same East Morehead, Suite 417, Charlotte, N.C. ties in bulk), from Davenport, Iowa, to address as above). Authority sought to 28202. points in Nebraska and South Dakota on operate as a common carrier, by motor No. MC 123111 (Sub-No. 5 TA), filed and east of U.S. Highway 281 and Sioux vehicle, over irregular routes, transport­ August 11, 1969. Applicant: QUEENS­ City, Iowa, for 150 days. Supporting ing: Cheese, frozen fish, fresh oysters, WAY TANK LINES LIMITED, Queens­ shipper: Oscar Mayer & Co., Post Office pickled and preserved fish in glass, tin way Road, Chesterville, Ontario, Canada. Box 3130, Davenport, Iowa 52808. Send and wood, evaporated milk paste, canned Applicant’s representative: S. Harrison protests to: Carroll Russell, District Su­ meats, bakery goods, flour, berries, Kahn, Suite 733, Investment Building, pervisor, Interstate Commerce Commis­ canned preserves and dried fish in mixed Washington, D.C. Authority sought to op­ sion, Bureau of Operations, 304 Post shipments, from Minneapolis, Minn., to erate as a common carrier, by motor ve­ Office Building, Sioux City, Iowa 51101. Albuquerque, N. Mex.; Phoenix, Ariz.; hicle, over irregular routes, transporting: No. MC 129307 (Sub-No. 21 TA), filed Los Angeles, Calif.; St. Joseph, Spring- Fuel oil and kerosene, in bulk, in tank August 13,1969. Applicant: McKee Lines, field, and Joplin, Mo.; Austin, Dallas, El vehicles (no transportation for compen­ Inc., 664 54th Avenue, Mattawan, Mich. Paso, Houston, and Waco, Tex., for 180 sation on return), from port of entry on 49071. Applicant’s representative: days. Supporting shipper: Olfisco, Inc., United States - Canada boundary line Leonard R. McKee (address same as 815 North Fifth Street, Minneapolis, near Highgate Springs, Vt. (Vermont -above). Authority sought to operate as Minn 55401. Send protests to: E. K. Wil­ Highway 7), to Burlington, Vt., for 150 a common carrier, by motor vehicle, over lis, Jr., District Supervisor, Interstate days, supporting shipper: Liquifuels, Dis­ irregular routes, transporting: Frozen Commerce commission, Bureau of Op­ tributors of Petroleum Products, 347 Bay prepared foodstuffs, from the plantsite erations, 513 Thomas Building, 1314 Street, Toronto 1, Canada. Send protests and warehouse facilities utilized by Wood Street, Dallas, Tex. 75202. to: Morris H. Gross, District Supervisor, Kitchens of Sara Lee, Division of Con­ No. MC 119656 (Sub-No. 4 TA) , filed Interstate Commerce Commission, Bu­ solidated Foods Corp., Deerfield, 111., to August 13, 1969. Applicant: NORTH reau of Operations, Room 104, O’Donnell points in Michigan, Indiana, and Ohio, EXPRESS, INC., 219 East Main Street, Building, 301 Erie Boulevard, West Syra­ for 180 days. Supporting shipper: Winamac, Ind. Applicant’s representa­ cuse, N.Y. 13202. Kitchens of Sara Lee, Division of Con­ tive: Walter F. Jones, Jr., Attorney at No. MC 125760 (Sub-No. 7 TA), filed solidated Poods Corp., 500 Waukegan Law, 601 Chamber of Commerce Build­ August 11, 1969. Applicant: GLENN W. Road, Deerfield, HI. 60015. Send protests ing, Indianapolis, Ind. 46204. Authority MEANS, 1597 Pittsburg Road, Franklin, to: C. R. Flemming, District Supervisor, sought to operate as a common carrier, Pa. 16323. Applicant’s representative: Bureau of Operations, Interstate Com­ by motor vehicle, over irregular routes, John E. McFate, 229 Elm Street, Oil City, merce Commission, 225 Federal Building, transporting: (1) Refractory products, Pa. 16301. Authority sought to operate as Lansing, Mich. 48933. shapes or forms, from at or near North a contract carrier, by motor vehicle, over No. MC 133892 (Sub-No. 1 TA), filed Judson, Ind., to Gadsden, Ala., (2) Steel, irregular routes, transporting: Dairy August 13, 1969. Applcant: B & W SERV­ from Gadsden, Ala., to North Judson, products, from Cleveland, Ohio, to points ICE, INC., 26 Itasca Street, Boston Ind., and Morton Grove, 111., for 180 days. in Warren, Jefferson, Clarion, and Arm­ (Mattapan), Mass. 02126. Applicant’s Supporting shippers: Cravens-Insul Inc. strong Counties, Pa., for 180 days. Sup­ representative: Frank J. Weiner, 536 Co., 619 North Addison Road, Villa Park, porting shipper: Jefferson Wholesale Granite Street, Braintree, Mass. 02184. 111. 60181, C & M Metal Products, Co. Grocery Co., Elk Run Avenue, Post Office Authority sought to operate as a con­ Address same as (1). Send protests to: Box 430, Punxsutawney, Pa. 15767. Send tract carrier, by motor vehicle, over ir­ District Supervisor, J. H. Gray, Bureau protests to: John J. England, District regular routes, transporting: Such mer­ of Operations, Interstate Commerce Supervisor, Interstate Commerce Com­ chandise as is dealt in by retail stores Commission, Room 204, 345 West Wayne mission, Bureau of Operations, 2109 Fed­ engaged in the selling of games, toys, Street, Fort Wayne, Ind. 46802. eral Building, 1000 Liberty Avenue, Pitts­ bicycles, cribs, children’s furniture, rec­ No. MC 119829 (Sub-No. 32 TA), filed burgh, Pa. 15222. reational equipment and apparatus, and August 11,1969. Applicant: F. J. EGNER in connection therewith, equipment, & SON, INC., 3969 Congress Parkway, No. MC 126222 (Sub-No. 8 TA), filed August 11, 1969. Applicant: JOSEPH A. materials, and supplies, used in the con­ West Richfield, Ohio 44286. Applicant’s duct of such business, between Avon and representative: W. P. Fromm (same ad­ SIEFERT AND JOSEPH L. SIEFERT, a partnership, SIEFERT BROS. TRUCK­ Dedham, Mass., on the one hand, and, dress as above). Authority sought to op­ on the other, Milford, Conn. Restriction: erate as a common carrier, by motor ING CO., Post Office Box 310, DuQuoin, HI. 62832. Applicant’s representative: Restricted to a transportation service to vehicle, over irregular routes, transport­ be performed under a continuing con­ ing: Liquid fertilizer and fertilizer ma­ Ernest A. Brooks II, 1301-02 Ambassador Building, St. Louis, Mo. 63101. Authority tract or contracts with Child World, Inc., terials, • in bulk, from plantsites of of Dedham, Mass., for 180 days. Sup­ Occidental Chemical Co. at Kenton and sought to operate as a contract carrier, by motor vehicle, over irregular routes, porting shipper: Child World, Inc., 450 Mount Victory, Ohio, to points in In­ Providence Highway, Dedham, Mass. diana, for 180 days. Supporting shipper: transporting: Bar stools, from the plant- Occidental Chemical Co., 4671 Southwest site of Turco Manufacturing Co., at 02026. Send protests to: District Super­ Freeway, Post Office Box 1185, Houston, DuQuoin, HI., to points in the United visor, Richard D. Mansfield, Interstate Tex. 77001. Send protests to: G. J. Baccei, States, except Alaska and Hawaii, for 180 Commerce Commission, Bureau of Op­ District Supervisor, Interstate Commerce days. Supporting shipper: Turco Manu­ erations, John F. Kennedy Federal Build­ facturing Co., DuQuoin, HI. 62832. Send Commission, Bureau of Operations, 181 ing, Government Center, Boston, Mass. Federal Office Building, 1240 East Ninth protests to: Harold C. Jolliff, District Street, Cleveland, Ohio 44199. Supervisor, Interstate Commerce Com­ By the Commission. No. MC 123067 (Sub-No. 92 TA), filed mission, Bureau of Operations, Room 476, 325 West Adams Street, Springfield, [seal! H. N eil Garson, August 11,1969. Applicant: M & M TANK Secretary. LINES, INC., Post Office Box 612, HI. 62704. Winston-Salem, N.C. 27102. Authority No. MC 127042 (Sub-No. 45 TA), filed [F.R. Doc. 69-9857; Filed, Aug. 19, 1969; sought to operate as a common carrier, August 12, 1969. Applicant: HAGEN, 8 :48 a.m .]

FEDERAL REGISTER, VOL*. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 NOTICES 13455 [Notice 396] No. MC-FC-71496. By order of August for the transportation of the commodi­ MOTOR CARRIER TRANSFER 12, 1969, the Motor Carrier Board ap­ ties indicated and in the manner speci­ proved the transfer to William Carr, fied above. Edward F. Bowes, 744 Broad PROCEEDINGS Bloomfield, N.J., of Permit No. MC- Street, N.J. 07102, attorney for appli­ August 14, 1969. 123225, issued April 3, 1961, to Mission cants. Synopses of orders entered pursuant to Motor Lines, Inc., Hoboken, N.J., au­ No. MC-FC-71555. By order of August section 212(b) of the Interstate Com­ thorizing the transportation of: Such 11, 1969, the Motor Carrier Board ap­ merce Act, and rules and regulations merchandise as is dealt in by wholesale proved the transfer to Schneider Mov­ prescribed thereunder (49 CFR Part and retail grocery houses, between points ing & Storage Co., a corporation, St. 1132), appear below: in Hudson and Union Counties, N.J., on Louis, Mo., of certificate in No. MC- As provided in the Commission’s spe­ the one hand, and, on the other, New 95550, issued December 23,1963, to Frank cial rules of practice any interested per­ York, N.Y., except points in Nassau and F. Schneider, doing business as Schnei­ son may file a petition seeking recon­ Westchester Counties, N.Y., in the New der Moving & Storage Co., St. Louis, Mo., sideration of the following numbered York, N.Y. commercial zone, as defined authorizing the transportation of: proceedings within 20 days from the date by the Commission in Ex Parte 37, 53 Household goods, between St. Louis, Mo., M.C.C. 451, subject to the following re­ of publication of this notice. Pursuant and points within 18 miles of St. Louis, striction : The operations described above Mo., on the one hand, and, on the other, to section 17 (8) of the Interestate Com­ are limited to a transportation service points in Illinois. Sanford E. Pomerantz, merce Act, the filing of such a petition to be performed under special and in­ 818 Olive, Suite 930, St. Louis, Mo. 63101, will postpone the effective date of the dividual contracts or agreements, with attorney for applicants. order in that proceeding pending its dis­ persons (as defined in section 203(a) of position. The matters relied upon by [seal] h . N eil Garson, the Interstate Commerce Act), who op­ Secretary. petitioners must be specified in their pe­ erate wholesale food business houses, [F.R. Doc. 69-9858; Filed, Aug. 19, 1969; titions with particularity. the business of which is the sale of food, 8:48 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— AUGUST

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 August

3 CFR Page 7 CFR— Continued Page 8 CFR Page P roclamations : 958______------12779 251______12560 967______3920 _____ ------13359 P roposed R ules: 12819 980______3921 _____ 13145 ------— 13320 103— 987______------13408 ____ 12598 3922 _____ 13261 204______12598 3923 _____ 13355 1036______------12659 1407______. 242______12598 3924 ______13357 ______12659 334____„___ 1421______12822, 13077, 13078 12598 xecutive rders 341______E O : 1427— ______------12530 12598 11246 (superseded in part by 1443______------12987, 13264 9 CFR EO 11478)------12985 1479______------13078 11375 (superseded in part by 1601______------12822 56______------13360 76______12780, 12823 EO 11478)------12985 P roposed R ules 11477------12937 83______------12561 11478—------12985 70______------12948 97______12561 81______------13035 P roposed R ules: 5 CFR 101______13110 101______. 13323 729______- _ 13373 213------12623, 108______13323 908______12833 109______13323 12832, 12987,13077, 13407,13408 921______12949 114______294------v------12779 13323 923 ___ _ 12833 116______13323 511— ------1___ 12882 924 ___ ------12950 534------12882 117 ___ 13323 926______------13157 118 ___ 13323 550------12623, 13147 932______:______12891 119 ___ 948______13323 ------12833 120 ___ 13323 7 CFR 980______------12950 121______981______13323 225------12623 ______13035 301-330_____ 13194 319------13147 987______12633, 13280 321------_ 13147 991______13035 10 CFR 330_----- 13148 993______12834 1 ______1001______13360 354------13148 ------12705 2 ______13360 371------12939 1002______- _ 1270550______1003 ___ 13360 717------12940 ______12705 115____ :.______13360 728------:______13316 1004 ______12705 811------,------13319 1013______13280 12 CFR 1015— ______12705 891------12657 l ______— 13149 908------12659, 12821, 12941, 13149 1016______12705 204______1036______13419 ______13409 910------12624, 12941, 13359 213______13409 912------12881 1060______13325 1103______226______13301, 13410 919------13263, 13264 ______12710 531______------13362 927------12821 1124______12744, 13421 545______12661, 13272 931------12559 1132______...... 12788 556______------12661

FEDERAL REGISTER, VOL. 34, NO. 159— WEDNESDAY, AUGUST 20, 1969 13456 FEDERAL REGISTER

12 CFR— Continued 18 CFR—Continued page 31 CFR page P roposed R ules: P ro po sed R u l e s : 4______12577 545______13115 2 ______257______12718 13030 4______12718 500______i______13277 13 CFR 141______13280 121______13078 32 CFR P roposed R ules: 19 CFR 43______12580 121______12837 1 ______43a______13312 12627 4______12945 1453______12582 14 CFR 16______13413 1712______13314 23____ 13078 P ro po sed R u l e s : 39______12562, 24______12891 32A CFR 12563, 12781, 12941, 12942, 13099, BDSA (Ch. V I): 13100, 13265 20 CFR BSDA Reg. 2, Dir. 12— ______13315 71 ______12564- M-11A______:____ 13031, 13368 12567, 12662, 12781, 12882, 12943, 404______12568, 13312, 13366 12944, 13152, 13153, 13301, 13363- P r o p o sed R u l e s : 33 CFR 13365, 13411, 13412 602____ 12954 117______12629, 12826, 12827 73____ -______12566, 12567, 13412 207______13265 75______13412 21 CFR 91______12882 I ______12884 36 CFR 97______12663, 12993, 13266 3 ______13413 221______12827 121__ 12781 8______£ 12576 510______13276 151______12883 120 ______12782, 13313, 13367 1204______12624 P roposed R ules: 121 ______12662, 7______,______12833 P roposed R ules: 12885,13100, 13153,13154,13273, 21______13036, 13329, 13421 13274, 13414 2 5 ______- - 13036141______13154 37 CFR 37______13036 191______13154 1______12629 39______12594, 12951, 13423, 13424 P ro po sed R u l e s : 45______13421 1______12717 38 CFR 61______12713,13329 27______13157 1_ 13368 63______r-______12713 6______12827 71______12594-12597, P ro po sed R u l e s —C ontinued 8______12827 12715, 12716, 12951, 12952, 13330, 141______13109 13331, 13424, 13425 146____ 13109 73______12791 39 CFR 75______12597, 13373, 13425 155______- ______13101 91______12713,13329 22 CFR 171______;______13414 121______12713, 13036 I I ______12623 P roposed R ules: 123______12713 121'______13274 132______12948 127______12713, 12716 123______- ______13276 135______:______12633 135______12713 298______13157 124______13276 41 CFR 15 CFR 24 CFR 5-30______-______13278 370______1- 12883 0______12625 7- 1 13321 374______13272 200______13029 8- 1______12782 377______12883 8-3 12782 201______12886 8-7___ 12782 386______13272 207______12886 1000______12884 8-12 ______12782 221______12886 8- 16______;______- 12783 222______12887 9- 3______13103 16 CFR 9_7______13103 2 12992 235 _ i 12888 236 ______12889 12B-3—______12582 13 12823, 12824 14_2______13322 15______12824, 13272, 13273 237 ______12889 101-17______- ______12828 419______;_ 13302 241______12889 101-26—______12697 500______12944 P ro po sed R u l e s : 101-42______12783 503______12944 1665______- ______13110 109-35______12582 P roposed R ules: 245____ -______12836 29 CFR 42 CFR 253______13281 57 ______"______13032 526______13101 74 13277 17 CFR 602 ______12826,12946 81______13316 230______13019 603 ______12826 P roposed R ules: 270______12695, 13019 687______12826 81 ______13109 274______13024 1500______12946 P roposed R ules: 1604______13367 43 CFR 24a______12952 P r o po sed R u l e s : P ublic Land Orders: 1500______12892 82 (see PLO 4674)______12632 18 CFR 1621 (amended by PLO 4674) _ 12632 2______13024, 13413 3 0 CFR 2632 (revoked in part by PLO 14 ______13024, 13413 4675)______12698 50______12825 56 ______12947 3521 (amended by PLO 4674) _ 12632 160______12825 57 ______12947 4582 (modified by PLO 4676). 13415 FEDERAL REGISTER 13457 43 CFR——Continued Page 47 CFR—Continued Page 49 CFR—Continued Page P ublic Land Orders—Continued 81------12584 1300------12593, 12837 4674 ------12632 83------12584 1307------12593, 12837 4675 ______12698 87------13105 4676 ------13415 P roposed R ules: P roposed R ules: P roposed R ules: 0------12634 172_ ------13426 417...... 13157 1__------12634 173_ 13374, 13426-13428 43------12717 177______13427 45 CFR 63------12718 178_ ------13374, 13428 173— ------12829 73------12634, 371- ______12717 1068______12784 12893,13111,13112,13158,13159 1048 ______13283 1300 P roposed R ules: 81------•------12952 ______13283 1307 ...... 13283 85------12633 83______12952 85------12952 46 CFR 89------13112 50 CFR 91------13113 281------13369 95------13114 10______12785 308------13278 97______13429 32------12704, 310------12632 12786, 12830-12832, 13032, 13107, 375------13105 13108, 13155, 13369-13371, 13416, 401...... 12583 49 CFR 13417 P roposed R ules: 71______13106, 13415 3 3 ______12787 514...... 13332 172 _ 12589 215______13371 528------12835 173 ------12589 177 ______12592 P roposed R ules: 4 7 CFR 178 ------12592 13______13373 371______12834, 13369 32___ 1270R 73...... 12698, 12702 1033...... 13278 33______...... 12705