FEDERAL REGISTER VOLUME 34 • NUMBER 141 Friday, , 1969 • Washington, D.C. Pages 12249-12320

Agencies in this issue— Atomic Energy Commission Civil Aeronautics Board Coast Guard Commodity Credit Corporation Comptroller of the Currency Consumer and Marketing Service i Federal Aviation Administration Federal Communications Commission Federal Highway Administration Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Hazardous Materials Regulations Board Indian Affairs Bureau International Commerce Bureau Interstate Commerce Commission Justice Department Land Management Bureau National Aeronautics and Space Ad­ ministration Securities and Exchange Commission Small Business Administration Social Security Administration Wage and Hour Division Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1969)

Title 49—Transportation (Parts 200-999) (Revised)--- $1.50

[A Cumulative checklist of CFR issuances for 1969 appears in the first issile of the Federal Register each month under Title i]

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

r r n m A 1^ Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or r r H r l l / l l | | r | | | \ I r I f on the day after an official Federal holiday), by the Office of the Federal Register, National 1 ***j W i u ■ L i » Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 V j y Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved , 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable m advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington; D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op F ederal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal Register or the Code op F ederal R egulations. Contents

Federal airway and reporting Notices AGRICULTURE DEPARTMENT point; revocation______12258 See Commodity Credit Corpora­ IFR altitudes ; miscellaneous Applications for approval of ac­ tion; Consumer and Marketing amendments------12258 quisition of shares of banks: Service. Jet routes; designation and al­ Affiliated Bankshares of Colo­ teration ______12258 rado, Inc______12303 ATOMIC ENERGY COMMISSION Barnett National Securities Restricted area; alteration------12258 Corp ______12303 Rules and Regulations Standard instrument approach Jefferson Bancorp, Inc______12304 Issuance of licenses for receipt, procedures ; miscellaneous Determinations under Bank Hold­ storage, packaging and transfer amendments------— 12261 ing Company Act: of radioactive wastes------12254 Transition area; alteration------12257 Citizens and Southern Holding Proposed Rule Making Co. and Citizens and South­ CIVIL AERONAUTICS BOARD Airborne ATC transponder equip­ ern National Bank______12304 Rules and Regulations ment; technical standard order. 12287 First Security Corp______12304 Control zones and transition Fees and charges for special serv­ area; alteration______12289 ices; refund of filing fee------.12266 Transition areas: FEDERAL TRADE COMMISSION Notices Alteration and revocation_____ 12290 Rules and Regulations Designations (2 documents) — 12290, International Air Transport Asso­ 12291 Prohibited trade practices : ciation; hearing, etc------12297 Alleghany Pharmacal Corp. et al______12267 COAST GUARD FEDERAL COMMUNICATIONS Gineros & Boronico, Inc., et al_ 12267 Rules and Regulations COMMISSION Percifield, Ondi D., et al_____ 12267 Anchorage grounds; Barge Fleet­ Notices Slifka Fabrics et al______12269 ing Area, Hillsborough Bay, Great Southern Broadcasting Co. Tampa, Fla.; correction------12255 and Hendersonville Broadcast­ FISH AND WILDLIFE SERVICE ing Corp., Inc.; hearing, etc 12298 COMMERCE DEPARTMENT Rules and Regulations See International Commerce Bu­ FEDERAL HIGHWAY Migratory birds; 1969-70 hunting reau. ADMINISTRATION seasons for Puerto Rico and the Virgin Islands______12255 COMMODITY CREDIT Rules and Regulations CORPORATION Motor vehicle safety standards; Proposed Rule Making wheel nuts, wheel discs, and hub Rules and Regulations St. Vincent National Wildlife Ref­ caps for passenger cars and uge, Fla.; hunting______12284 Tobacco loan program; 1969 crop. 12253 multipurpose passenger vehi­ cles ______12283 Notices COMPTROLLER OF THE B & H Fisheries, Inc.; loan appli­ CURRENCY FEDERAL POWER COMMISSION cation ______12296 Notices Rules and Regulations First Deputy Comptroller of the Miscellaneous amendments to FOOD AND DRUG Currency et al.; order of succes­ chapter______12269 sion to act as Comptroller_____ 12293 ADMINISTRATION Notices Rules and Regulations CONSUMER AND MARKETING Hearings, etc.: Atlantic Richfield Co______12300 Antibiotics intended for use in SERVICE Cities Service Gas Co______12300 laboratory diagnosis of disease; Rules and Regulations Manufacturers Light and Heat doxycycline hyclate diagnostic Milk handling in certain market­ C o ______12301 Wisconsin Pipeline sensitivity powder______12279 ing areas; suspension of cer­ Cheese, provolone; confirmation tain provisions: Co______12301 Central Illinois______12253 River Transmission of effective date of order amend­ Quad Cities-Dubuque______12253 C o rp ______12302 ing standard------:______12279 Southern Natural Gas Co_____ 12302 Proposed Rule Making Tennessee Gas Pipeline Co____ 12302 Proposed Rule Making Milk handling in Puget Sound, West Tennessee Public Utility Anhydrotetracycline and 4-epian- Wash., marketing area; deci­ District of Weakley, Carroll hydrotetracy cline; tests and sion ______12284 and Benton Counties, Tenn., methods of assay______12286 and Michigan Wisconsin Pipe FEDERAL AVIATION Line Co______12303 Notices ADMINISTRATION Food additive and pesticide peti­ FEDERAL RESERVE SYSTEM Rules and Regulations tions: Airworthiness directives; Rules and Regulations Elanco Products Co______12297 Bell helicopters______12256 Securities credit by persons other Hercules, Inc______12297 Boeing Airplane Co. aircraft than banks, brokers, or dealers; Mobay Chemical Co______12297 (2 documents)______-__ 12256 miscellaneous provisions; cor­ Stauffer Chemical Co______12297 Cessna airplanes______12257 rection ______12255 Velsicol Chemical Corp______12297 Lear jet airplanes______12257 Truth in lending; refinancing and increasing; correction______12255 (Continued on next page) 12251 12252 CONTENTS

HAZARDOUS MATERIALS JUSTICE DEPARTMENT SMALL BUSINESS REGULATIONS BOARD Rules and Regulations ADMINISTRATION Rules and Regulations Equal employment opportunity_ 12280 Notices Miscellaneous amendments to chapter; correction______12282 Declaration of disaster loan areas: LABOR DEPARTMENT Io w a------12306 Proposed Rule Making See Wage and Hour Division. O h io ______12306 Carbon monoxide in manifolded Manager, Disaster Branch Office, cylinders; authorization of ship­ LAND MANAGEMENT BUREAU , Calif.; rescission ments and increased filling of authority delegation______12306 limitation ______12291 Notices Surrender of small business in­ Colorado; partial termination of vestment company licenses: HEALTH, EDUCATION, AND proposed withdrawal and reser­ Capital for Technical Industries, WELFARE DEPARTMENT vation of lands______12293 Inc ------12306 Nevada; classification of public Woodrock Business Capital See Pood and Drug Administra­ lands for transfer out of Federal C o rp ------12306 tion; Social Security Admin­ ownership______12293 istration. Oregon; SOCIAL SECURITY Classification of public lands for INDIAN AFFAIRS BUREAU multiple use management__ 12294 ADMINISTRATION Rules and Regulations Proposed withdrawal and reser­ Rules and Regulations San Carlos Indian Irrigation Proj­ vation of lands______12295 ect, Ariz.; operation and main­ Termination of proposed classi­ Federal health insurance for the tenance charges______12280 fication of public lands— _ 12295 aged; certification and recertifi­ Wyoming; classification of public cation; requests for payment— 12275 INTERIOR DEPARTMENT lands for multiple use manage­ See Fish and Wildlife Service; In­ ment ______12295 TRANSPORTATION DEPARTMENT dian Affairs Bureau; Land NATIONAL AERONAUTICS AND See Coast Guard; Federal Avia­ Management Bureau. tion Administration; Federal INTERNATIONAL COMMERCE SPACE ADMINISTRATION Highway Administration; Haz­ BUREAU Notices ardous Materials Regulations Extraterrestrial exposure; estab­ Board. Notices lishment of quarantine period-_ 12305 Steinemann Beadon, Ltd., and TREASURY DEPARTMENT D. V. Beadon; denial of export v privileges for indefinite period— 12296 SECURITIES AND EXCHANGE See Comptroller of the Currency. COMMISSION WAGE AND HOUR DIVISION INTERSTATE COMMERCE Notices COMMISSION Hearings, etc.: Rules and Regulations Notices Commercial Finance Corpora­ Wage orders for certain Puerto Motor carrier, broker, water car­ tion of New Jersey______12305 Rican industries: rier, and freight forwarder Continental Telephone Corp__ 12305 Fabric and leather gloves.—__ 12281 applications ______12307 Continental Vending Machine Hosiery ______12282 Motor carrier transfer proceed­ C o rp ______12306 Leather, leather goods, and re­ ings ______12316 Federal Oil Co______12306 lated products______12281 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. 7 CFR P roposed R ules: 28 CFR 37______12287 42______12280 1050______12253 12289-12291 1063______12253 71 (4 documents) 1464______12253 29 CFR 16 CFR 602_____ 12281 P roposed R ules: 13 (4 documents) 12267-12269 603_____ 12281 1125______12284 687—— 12282 18 CFR TO CFR 33 CFR 2______12274 12255 2______12254 4______12274 110- ______16______12272 12 CFR 49 CFR 20 CFR 174______12282 207______12255 12282 12275 177______226______12255 405______178— ______12282 21 CFR 371______- 12283 14 CFR P roposed R ules: 19______12279 12291 39 (5 documents)" 12256,12257 12279 172 ______71 (2 documents) 12257, 12258 147______173 ______12291 73______—:___12258 P roposed R ules: 75______12258 141______12286 50 CFR 95______12258 10______12255 97______12261 25 CFR P roposed R ules: 389______12266 221______12280 32______12284 12253 Rules and Regulations

Therefore, good cause exists for mak­ major handlers in the market lost a large ing this order effective with respect to regional supermarket chain’s business in Title 7— AGRICULTURE producer milk deliveries during . which in turn has substan­ Chapter X— Consumer and Marketing It is therefore ordered, That the afore­ tially reduced the amount of milk needed Service (Marketing Agreements and said provision of the order is hereby sus­ by handlers for fluid use, the volume of pended for the month of July 1969. reserve milk supplies which must be O rd ers; Milk), Department of moved to milk manufacturing plants ex­ Agriculture (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) ceeds the quantity that could be moved [Milk Order 50] under the diversion limitation. The most Effective date: Upon publication in the efficient method of handling is movement PART 1050— MILK IN CENTRAL F ederal R egister. directly from producers’ farms to niilk ILLINOIS MARKETING AREA Signed at Washington, D.C., on manufacturing plants. This suspension Order Suspending Certain Provision , 1969. would allow such handling while the R ichard E. Lyng, dairy.farmers involved retain producer Pursuant to the provisions of the Agri­ Assistant Secretary. status. cultural Marketing Agreement Act of (5) Interested parties were afforded 1937, as amended (7 U.S.C. 601 et seq.), [F.R. Doc. 69-8749; Filed, , 1969; opportunity to file written data, views, or and of the order regulating the handling 8:50 a.m.] arguments concerning this suspension of milk in the Central Illinois marketing" (34 F.R. 11378). Cooperative associations area (7 CFR Part 1050), it is hereby [Milk Order 63] in the market contend that without the found and determined that: suspension the reserve milk would have (a) The following provision of the PART 1063— MILK IN QUAD CITIES- to be hauled to pool plants at the expense order does not tend to effectuate the de­ DUBUQUE MARKETING AREA of the producers and would be a waste of clared policy of the Act for the month of producers’ money. One handler in the July 1969. Order Suspending Certain Provision market opposed the suspension on the In § 1050.14(b) (2) the provision “dur­ Pursuant to the provisions of the Agri­ basis that the market is being adequately ing the months of May and June and in cultural Marketing Agreement Act of supplied with milk under the present any other month for not more than 8 1937, as amended (7 U.S.C. 601 et seq.), diversion provisions of the order. Al­ days of production of producer milk by and of the order regulating the handling though the reserve supplies are not such producer.” . of milk in the Quad Cities-Dubuque mar­ needed at pool plants it is necessary that (b) Thirty days notice of the effective keting area (7 CFR Part 1063), it is here­ such milk retain producer milk status to date hereof is impractical, unnecessary, by found and determined that: assure that producers historically associ­ and contrary to the public interest in (a) The following provision of the or­ ated with the market share uniformly in that: der no longer tends to effectuate the de­ carrying the burden of the market’s re­ Cl) This suspension order does not re­ clared policy of the Act for the months of serve supplies. quire of persons affected substantial or July and . Therefore, good cause exists for mak­ extensive preparation prior to the effec­ ing this order effective with respect to tive date. In § 1063.14 the provision “Provided, That in any of the months of July producer milk deliveries during July and (2) This suspension order is necessary August 1969. to reflect current marketing conditions through January milk diverted from the and to maintain orderly marketing con­ farm of a producer on more than the It is therefore ordered, That the afore­ ditions in the marketing area. number of days that milk was delivered said provision of the order is hereby sus­ (3) This suspension order will revoke to a pool plant from such farm during the pended for the months of July and Au­ for the month of July 1969 the provision month shall not be deemed to have been gust 1969. which limits the quantity of diverted received by the diverting handler.” (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. milk which qualifies as producer milk to (b) Thirty days notice of the effective 601-674) not more than 8 days’ production of a date hereof is impractical, unnecessary, Effective date: Upon publication in the producer. and contrary to the public interest in F ederal R egister. (4) This suspension action is necessary that: to provide for the efficient handling of (1) This suspension order does not Signed at Washington, D.C., on July 21, reserve milk of the market during July require of persons affected substantial or 1969. 1969. Because of abnormally large extensive preparation prior to the effec­ R ichard E. Lyng, amounts of rainfall which resulted in ex­ tive date. Assistant Secretary. cellent pasture conditions the volume of (2) This suspension order is neces­ [F.R. Doc. 69-8750; Filed, July 24, 1969; reserve milk supplies which must be 8:50 a.m.] moved to milk manufacturing plants ex­ sary to reflect current marketing con­ ceeds the quantity which could be moved ditions and to maintain orderly market­ under the 8-day diversion limitation. The ing conditions in the marketing area. Chapter XIV— Commodity Credit Cor­ most efficient method of handling is (3) This suspension order will revoke poration, Department of Agriculture movement directly from producers’ farms for the months of July and August 1969 the provision which limits the amount of SUBCHAPTER B— LOANS, PURCHASES, AND to milk manufacturing plants. This sus­ OTHER OPERATIONS pension order would allow such handling diverted milk which qualifies as producer while the dairy farmers involved retain milk to not more than the same number PART 1464— TOBACCO producer status. of days’ production that was delivered (5) Interested parties were afforded to a pool plant from a producer’s farm. Subpart— Tobacco Loan Program opportunity to file written data, views, (4) This suspension action is neces­ Set forth below is a schedule of ad­ or arguments concerning this suspension sary to provide for the efficient handling vance rates, by grades, for the 1969 crop (34 FJt. 11099). None were filed in op­ of reserve milk of the market during July of types 11-14 Flue-cured tobacco, under position to the proposed suspension. and August 1969. Because one of the the tobacco price support loan program.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12254 RULES AND REGULATIONS

§ 1464.16 1969 Crop— Flue-cured to­ Advance Advance source, or special nuclear material for bacco, types 11—14, advance sched­ Grade rate Grade rate transfer to other licensees for ultimate u le.1 N 1G L ______42.25 N1GR ______35.25 N 1G F ______40. 25 N1GG______32. 25 disposal. [Dollars per hundred pounds, farm sales All interested persons were invited to weight] 1 The advance rates listed are applicable submit written comments and sugges­ only to untied Flue-cured tobacco Identified tions for consideration in connection Advance Advance on a 1969 tobacco marketing card which does with the proposed amendments within Grade rate Grade rate not bear either the notation “No Price Sup­ A 1F ______90. 25 H5L ______76. 25 30 days after publication, of the notice of port” or “Discount Variety Limited Support” proposed rule making in the F ederal A 2F ______88. 25 H6L______72. 25 and which does not, together with all other B 1 L ______84.25 H 1F______85. 25 tobacco previously marketed and currently R egister. After consideration of the com­ B 2L ______79. 25 H2F______82. 25 being offered for marketing on a single to­ ments received and other factors in­ B 3 L ______76. 25 H 3F______80. 25 bacco sales bill, exceed 110 percent of the ap­ volved, the Commission has adopted the B 4 L ______74.25 H4F______78. 25 plicable farm marketing quota. Rates for proposed amendments. The text of the B 5 L ______70.25 H 5F______76. 25 tobacco identified on a marketing card which B 6 L ______66.25 • H 6F______— 72. 25 amendments set out below is identical B 1 F ______84.25 bears the notation “Discount Variety Limited with the text of the proposed amend­ H3FR ______74.25 Support”, which does not bear the notation ments published April 29, 1969. B 2 F ______79. 25 H4FR ______71.25 “No Price Support” and which does not, to­ B 3 F ______76.25 H5FR ______68.25 gether with all other tobacco previously The amendments will (1) accord ap­ B 4 F ______74.25 H 6F R ______64.25 marketed and currently being offered for plications for licenses involving only the B 5 F ______70. 25 H4K ______72.25 marketing on a single tobacco sales bill, ex­ receipt, storage, and packaging of waste B 6 F ______66. 25 H5K ______68. 25 ceed 110 percent of the applicable farm materials, the same treatment accorded B1FR______83. 25 H6K ______62.25 marketing quota, are 50 percent of the ad­ applications for other types of materials B2FR______78. 25 OIL ______;__ 86.25 B3FR______75. 25 vance rates listed, plus twelve and one-half licenses, and (2) reduce unnecessary de­ C2L ______84.25 cents ($0,125) per hundred pounds. Rates tails in the Commission’s materials li­ B4FR r______71. 25 C 3L______82.25 for tied Flue-cured tobacco are three dollars B5FR______67. 25 C 4L______80.25 censing process. Applications for licenses B6FR______62. 25 ($3.00) per hundred pounds more for each C 5L ______78.25 grade than for untied tobacco similarly iden­ authorizing ultimate disposal of waste B 3R ______61. 25 C 1F______86. 25 materials by the licensee are not affected B4R ______56.25 tified. Tobacco is eligible for advances only if C 2F ______84.25 consigned by the original producer and only by the adoption of the amendments. Ap­ B3LV______72. 25 G 3F______82.25 plications for such licenses will con­ B4LV______— 68. 25 if produced by a cooperator. C 4F ______80.25 In all belts, price support will be available tinue to be assigned docket numbers, and B5LV______64. 25 C 5F ______78.25 B3FV______72. 25 on both tied and untied tobacco throughout notice of proposed action, and issuance C4LV ______76.25 the entire marketing season. B4FV_____ ,__ 68. 25 C4FV ______76. 25 of any such licenses will continue to be B5FV______64. 25 Tobacco graded “W” (doubtful keeping or­ published in the F ederal R egister and C4K______77. 25 der) , “U” (unsound), N2, No-G or scrap will B 4K V ...... 57.25 C4KL ______73.25 notification given to State and local B5KV ____ 51.25 not be accepted. The cooperative association C4KF______73. 25 through which price support is made avail­ officials. B6KV ______46.25 CJ4KM______73. 25 B3K _'.______66. 25 able is authorized to deduct 25 cents per Pursuant to the Atomic Energy Act of C 4K R ______77.25 hundred pounds to apply against overhead 1954, as amended, and sections 552 and B 4K ______— 64. 25 C4LS ______72.25 costs. B5K ______60. 25 05LS ______69. 25 553 of title 5 of the United States Code, B 6K ______54. 25 X 1L______82. 25 (Sec. 4, 62 Stat;. 1070, as amended, sec. 5, 62 the following amendments of Title 10, B 3K L ____ _ 58. 25 X2L ______80. 25 Stat. 1072, secs. 101, 106, 401, 403 , 63 Stat. Chapter I, Code of Federal Regulations, B4KL ___ —- 56. 25 X 3L ______78. 25 1051, as amended, 1054, sec. 125, 70 Stat. 198, Part 2, are published as a document B5KL ______52. 25 X 4L ______:__ 75. 25 74 Stat. 6; 7 U.S.C. 1441, 1445, 1421, 1423, 7 subject to codification to be effective 30 B6KL ______46. 25 X 5L ______71. 25 U.S.C. 1813, 15 U.S.C. 714b, 714c) days after publication in the F ederal B 3K R ______67.25 X 1F ______82. 25 R egister. B 4K R ______65.25 X 2F ______80. 25 Effective date: Date of filing with B5KR — ____ 61.25 X 3F ______78. 25 the Office of the Federal Register. 1. Section 2.101 is amended to read as B3KF ______57.25 X 4F ______75. 25 follows: B4KF ______55.25 Signed at Washington, D.C., on , X 5F ______71.25 1969. § 2.101 Filing of application. B5KF ______51.25 X3LV ______73.25 B6KF ______45.25 X 4L V ______70. 25 Carroll G. B runthaver, (a) An application for a license or an B3KM ______61.25 X3FV ______73.25 Acting Executive Vice President, amendment to a license shall be filed B4KM ______59. 25 X4FV ______70.25 Commodity Credit Corporation. with the Director of Regulation as pre­ B5KM ______55. 25 X 4K V ______61.25 B6KM______49. 25 [F.R. Doc. 69-8678; Filed, , 1969; scribed by the applicable provisions of B4CL______61. 25 B4G G ______43.25 9:55 a.m.] this chapter. A prospective applicant may B5G G ______41.25 confer informally with the regulatory B5CL______58. 25 X 4K L______67. 25 B6CL_____L— 52. 25 X 4K F ______67. 25 staff prior to the filing of an application. B4CF______60. 25 X3KM ______71. 25 Each application for a license for a fa­ B5CF______55. 25 X4KM______66. 25 Title 10— ATOMIC ENERGY cility, or for receipt of waste radioactive B6CF______50. 25 X 4K R ______71.25 material from other persons for the pur­ B4GR ______53.25 Chapter I— Atomic Energy B 5G R ______47.25 X3LS ______69.25 pose of commercial disposal by the waste B6GR ______41.25 X4LS ______65. 25 Commission disposal licensee will be assigned a docket X3FS ______68.25 number. B 4G K ______55.25 X4FS ______65.25 PART 2— RULES OF PRACTICE B 5G K ______50. 25 X 4 G ____ ¿__ 59.25 (b) An applicant for a license for a B6G K ______45. 25 X5G ______53.25 Issuance of Licenses for Receipt, Stor­ facility or for receipt of waste radio­ B5R______50. 25 X4G K ______57. 25 age, Packaging, and Transfer of active material from other persons for B6R______- 45. 25 the purpose of commercial disposal by B3LS______67. 25 P 2L ______77. 25 Radioactive Wastes B4LS______65.25 P 3 L ______74.25 the waste disposal licensee shall serve a B5LS______61. 25 P 4 L ______71.25 On April 29, 1969, the Atomic Energy copy of the application on the chief ex­ B6LS______— 54. 25 P 5 L ______63.25 Commission published in the F ederal ecutive of the municipality in which the P 2 F ______77. 25 R egister (34 F.R. 7033) proposed amend­ facility is to be located or the activity B3FS______63. 25 P 3 F ______74.25 B4FS______61.25 P 4 F ______70.25 ments to certain sections of its rules of is to be conducted or, if the facility is B5FS______57. 25 P 5 F ------60.25 practice in 10 CFR Part 2. The proposed not to be located or the activity con­ B6FS______51. 25 P 4G ------55.25 amendments would eliminate require­ ducted within a municipality, on the B 5R R ____ >__ 45.25 P5G ______48.25 ments for assignment of docket num­ chief executive of the county. The Di­ B 5R G ______42.25 N IL ______49. 25 bers, publication of notices of proposed rector of Regulation will send a copy of H1L______85. 25 N 1X L __ C__ 54.25 action and issuance of licenses, and each such application to the Governor H 2L______82.25 N 1F ______44.25 service of license applications and notices or other appropriate official of the State H3L______80. 25 NIK ______50.25 on State and local officials, with respect in which the facility is to be located or H4L______78. 25 N1R ______36.25 to applications for licenses to receive, the activity is to be conducted, and will See footnotes at end of table. package, or store waste byproduct, cause to be published in the F e d e r a l

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12255

Register a notice of receipt of the ap­ (2) An amendment of a license for a Board of Governors of the Federal plication which states the purpose of the facility or for receipt of waste radioac­ Reserve System. application and specifies the location at tive material from other persons for the which the proposed activity would be purpose of commercial disposal by the [seal] R obert P. F orrestal, conducted. waste disposal licensee, whether or not Assistant Secretary. a notice of proposed action has been [F.R. Doc. 69-8695; Filed, July 24, 1969; 2. Paragraph (a) of § 2.103 is 8:45 am.] amended to read as follows: previously published; ***** § 2.103 Action on applications for by­ (Sec. 161, 68 Stat. 948; 42 TJ.S.C. 2201) product, source, special nuclear ma­ terial, and operator licenses. Dated at Washington, D.C., this 14th Title 33— NAVIGATION AND (a) If the Director of Regulation finds day of July 1969. that an application for a byproduct, For the Atomic Energy Commission. NAVIGABLE WATERS source, special nuclear material, or op­ erator license complies with the require­ F. T. Hobbs, Chapter I— Coast Guard, Department ments of the Act and this chapter, he Acting Secretary. of Transportation will issue a license. If the license is for a [F.R. Doc. 69-8679; Filed, July 24, 1969; facility or for receipt of waste radioac­ 8:45 am.] SUBCHAPTER I— ANCHORAGES tive material from other persons for [CGFR 69-62] the purpose of commercial disposal by PART 110— ANCHORAGE the waste disposal licensee, the Director of Regulation will inform the State and Title 12-BAN KS AND BANKING REGULATIONS local officials specified in § 2.104(c) of Subpart B— Anchorage Grounds tho issuance of the license. Chapter II— Federal Reserve System arge leeting rea illsborough SUBCHAPTER A— BOARD OF GOVERNORS OF B F A , H * * * * * B ay, T ampa, F la. 3. Paragraph (c) of § 2.104 is amended THE FEDERAL RESERVE SYSTEM to read as follows: [Reg. G] Correction §2.104 Notice of hearing. PART 207— SECURITIES CREDIT BY In F.R. Doc. 69-8310, appearing at page ***** PERSONS OTHER THAN BANKS, 11582 in the issue of Tuesday, , (c) The Secretary will give timely no­ BROKERS, OR DEALERS 1969, in the fourth line of § 110.193(a) (5), the reference to “52°26'35"” should tice of the hearing to all parties and to Miscellaneous Provisions; Correction other persons, if any, entitled by law to read “82°26'35"”. notice. The Director of Regulation will Effective immediately, the document transmit a notice of hearing on an appli­ revising Part 207 of Chapter n of Title cation for a facility license or for a li­ 12 of the Code of Federal Regulations cense for receipt of waste radioactive (F.R. Doc. 69-6863), published in the Title 50— WILDLIFE AND material from other persons for the pur­ F ederal R egister on June 11, 1969, is pose of commercial disposal by the waste corrected as follows: disposal licensee, to the Governor or By changing in § 207.4(a) (1) (i) the FISHERIES other appropriate official of the State and words “to any such credit extended prior Chapter I— Bureau of Sport Fisheries to the chief executive of the municipal­ to February 1, 1968, to finance the exer­ and Wildlife,^ Fish and Wildlife ity in which the facility is to be located cise of such rights granted to any named Service, Department of the Interior or the activity is to be conducted or, if officer or employee and effectively” to “to the facility is not to be located or the ac­ any such credit extended to finance the SUBCHAPTER B— HUNTING AND POSSESSION OF tivity conducted within a municipality, exercise of such rights granted to any WILDLIFE to the chief executive of the county. named officer or employee prior to Feb­ ruary 1,1968, and effectively”. PART 10— MIGRATORY BIRDS 4. Subparagraph (2) of § 2.105(a) is amended to read as follows: (15 U.S.C. 78g) 1969-70 Hunting Seasons for Puerto Rico and Virgin Islands § 2.105 Notice of proposed action. Dated at Washington, D.C., the 14th Section 10.52 Migratory game "bird (a) If a hearing is not required by the day of July 1969. Act or this chapter, and if the Commis­ Board of Governors of the Federal hunting seasons for Puerto Rico and the sion or the Director of Regulation has Reserve System. Virgin Islands appearing on pages 9678 and 9679 of the F ederal R egister of not found that a hearing is in the pub­ [seal] R obert P. F orrestal, lic interest, he will, prior to acting Assistant Secretary. Friday, June 20, 1969, is corrected as thereon, cause to be published in the follows: F ederal .Register a notice of proposed [F.R. Doc. 69-8694; Filed, July 24, 1969; action with respect to an application for: 8:45 a.m.} § 10.52 Migratory game bird bunting ***** seasons for Puerto Rico and the [Reg. Z] Virgin Islands. (2) A license for receipt of waste ra­ * * * ' * * dioactive material from other persons PART 226— TRUTH IN LENDING for the purpose of commercial disposal (a) Puerto Rico. by the waste disposal licensee; or Refinancing and Increasing; ***** * * * * * Correction Open season dates l *> *• * * * * to 5. Subparagraph (2) of § 2.106(a) is The interpretation published , September 26, 1969. amended to read as follows: 1969 (34 F.R. 11083), § 226.903 Re­ ***** financing and increasing—disclosures * * * * Paloma Sabanera; * * * § 2 .106 N otice o f issuance. and effects on the right of rescission, * * * • • (a) The Director of Regulation will is corrected by changing in the last sen­ (c) Virgin Islands. cause to be published in the F ederal R eg­ tence of paragraph (a) the words “lien on” to “security interest in”. * * * * * ister notice of, and will inform the State 1 The season Is closed on all species of mi­ (15 TJ.S.C. 1634) and local officials specified in § 2.104(c) gratory game birds in the Virgin Islands ex­ of, the issuance of: Dated at Washington, D.C., the 14th cept Zenaida doves. v * • -m • day of July 1969. • * * • •

FEDERAL REGISTER, V O L 34, NO. 141— FRIDAY, 5 , 1969 12256 RULES AND REGULATIONS In the paragraph listing local names purpose of paragraphs (a), (b), and (o) Issued in Los Angeles, Calif., on for game birds, the spelling of the word above. July 15,1969. “Barbara” is changed to “Barbary”. (Bell Helicopter Co. Service Bulletin No. Lee E. W arren, (40 Stat. 755; 16 U.S.O. 703 et seq.) 204B-5, 205A—3, dated Apr. 2, 1969, pertains Acting Director, Western Region. to this subjeot.) [F.R. Doc. 69-8736; Filed, July 24, 1969; Effective date. This revision becomes This amendment becomes effective Au­ 8:49 a.m.] effective on publication in the F ederal gust 16, 1969. R egister. [Airworthiness Docket No. 69-WE-15AD; J ohn S. G ottschalk, (Secs. 313(a), 601, 603, Federal Aviation Act Amdt. 39-804] Director, Bureau of of 1958 (49 TJ.S.C. 1354(a), 1421, 1423); sec. Sport Fisheries and Wildlife. 6(c), Department of Transportation Act (49 PART 39— AIRWORTHINESS U.S.C. 1655(c))) DIRECTIVES J uly 22, 1969. Issued in Fort Worth, Tex., on July 15, [F.R. Doc. 69-8756; Filed, July 24, 1969; 1969. Boeing Model 727 Series Airplanes 8:50 a.m.] H enry L. N ewman, It has been determined that repeated Director, Southwest Region. firing of the squib on the Accessory Prod­ [F.R. Doc. 69-8735; Filed, July 24, 1969; ucts Co. (APCO), engine fire extinguish­ 8:49 a.m.] ing container can result in a slow dis­ Title 14— AERONAUTICS AND charge or no discharge of the container. Since this condition is likely to exist [Airworthiness Docket No. 69—WE—13—AD; SPACE Amdt. 39-803] or develop in other airplanes of the same Chapter I— Federal Aviation Adminis­ type design, an airworthiness directive tration, Department of Transportation PART 39— AIRWORTHINESS (AD) is being issued to require inspec­ DIRECTIVES tion and replacement or modification as SUBCHAPTER C— AIRCRAFT required of the APCO engine fire ex­ [Airworthiness Docket No. 69-SW-32; Boeing Airplane Co. Model 707 tinguisher outlet body, P/N 805516, on Amdt. 39-801] Aircraft Boeing Model 727 Series airplanes. The modifications to the outlet body will pre­ PART 39— AIRWORTHINESS Amendment 80 (25 F.R. 336) AD 60- clude the possibility of repeated squib DIRECTIVES 2-1, as amended by Amendment 39-58 firing causing a reduced diameter gas (30 F.R. 5827) and Amendment 39-632 port and providing less than optimum gas Bell Model 204B, 205A, and 205A-1 required repetitive inspections of wing flow to the discharge mechanism. Helicopters splice plates on certain Boeing Model 707 Since a situation exists that requires A proposal to amend § 39.13 of Part Series aircraft. immediate adoption of this regulation, it 39 of the Federal Aviation Regulations to All the cracks which have occurred is found that notice and public procedure include an airworthiness directive that have done so within the first 25,000 flight hereon are impracticable and good cause requires replacement, within specified hours. It appears from service experience exists for making this amendment effec­ limitations, of aft cross tubes having and upon the advice of the manufacturer tive in less than 30 days. In consideration 1,000 hours' time in service on Bell Model that the splice plates of aircraft which of the foregoing, and pursuant to the 204B, 205A, and 205A-1 helicopters have been operated for 25,000 flight authority delegated to me by the Ad­ equipped with Float Kit Installations, hours or more with no reported cracks, ministrator (31 F.R. 13697), §39.13 of Part No. 204-706-053, or Part No. 205- were properly installed and in all likeli­ Part 39 of the Federal Aviation Regula­ 706-050, was published in 34 F.R. 8369, hood are not subject to cracking. tions is amended by adding the following Therefore, AD 60-2-1, as amended, is new airworthiness directive: because there had been failures of the aft further amended to provide that those cross tube, attributed to fatigue cracks, B oeing. Applies to Model 727 Series airplanes. on some Bell Model 204B helicopters. aircraft which have accumulated 25,000 Compliance required as indicated. Interested persons have been afforded flight hours or more, no longer have to To prevent a slow discharge or no dis­ an opportunity to participate in the mak­ comply therewith. charge of the engine fire extinguisher con­ Since this amendment relieves a lim­ tainer, accomplish the following: ing of the amendment. No comments itation and imposes no additional burden (a) Within the next 1,000 hours’ time in were received. on any person, notice and public proce­ service after the effective date of this AD In consideration of the foregoing, and dure hereon are unnecessary and the unless already accomplished, and after each pursuant to the authority delegated to amendment may be made effective in less discharge regardless of time in service, in­ me by the Administrator (31 F.R. 13697), spect the Accessory Products Co. (APCO) fire § 39.13 of Part 39 of the Federal Aviation than 30 days. extinguisher outlet body P/N 805516 to de­ Regulations is amended by adding the In consideration of the foregoing and termine that the gas port diameter has not pursuant to the authority delegated to been reduced below the allowable limit as following new airworthiness directive; me by the Administrator (31 F.R. 13697), set out in APCO Service Bulletin No. 26-04, B ell. Applies to Bell Model 204B, 205A, and § 39.13 of Part 39 of the Federal Aviation dated , 1969, or later FAA-approved 205A-I helicopters equipped with the Regulations, Amendment 80 (25 F.R. revision or an equivalent method approved Float Kit Installation, Part No. 204-706- by the Chief, Aircraft Engineering Division, 053, or Part No. 205-706-050. 336), AD 60-2-1 as amended by Amend­ FAA Western Region. ment 39-58 (30 F.R. 5827) and Amend­ (b) If an outlet body is found which is Compliance required as indicated. ment 39-632 is further amended as To prevent possible failure of the aft cross below the allowable limit, replace it, or tube, Part No. 204-706-053-5, or Part No. 205- follows: modify it in accordance with APCO Service Amendment 80 (25 F.R. 336), AD 60- Bulletin No. 26-04 or later FAA-approved 050-114-1, due to fatigue cracks, accomplish revision or an equivalent method approved the following: 2-1, as amended, Boeing Model 707-100 by the Chief, Aircraft Engineering Division, (a) Remove and replace aft cross tubes Series aircraft (listed) is amended by with 900 or more hours’ time in service on adding a new paragraph (e) to read: FAA Western Region. the effective date of this AD within the next (c) Within the next 3,000 hours’ time in 100 hours’ time in service. (e) Aircraft which have accumulated service after the effective date of this AD (b) Remove and replace aft cross tubes 25,000 or more flight hours do not require unless already accomplished, modify the with less than 900 hours’ time in service on further inspections under this Airworthiness APCO fire extinguisher outlet body P/N Directive. 805516 in accordance with APCO Service the effective date of this AD, prior to ac­ Bulletin No. 26-04 or later FAA-approved re­ cumulating 1,000 hours’ time in service. This amendment becomes effective (c) Remove and replace all subsequent vision or an equivalent method approved by replacement aft cross tubes prior to accumu­ July 25,1969. the Chief, Aircraft Engineering Division, FAA lating 1,000 hours’ time in service. (Secs. 313(a), 601, 603, Federal Aviation Act Western Region. (d) Operators not having kept time in serv­ of 1958 (49 U.S.C. 1354(a), 1421, 1423); sec. (d) Upon completion of the modification ice records on individual cross tubes should, 6(c), Department of Transportation Act (49 described in (b) or (c), the inspection re­ use float kit hours’ time in service for the TJ.S.C. 1655(c))) quirement of (a) is no longer applicable.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12257

This amendment becomes effective on Regulations is amended by adding the dure hereon are impracticable and good July 25,1969. following new airworthiness directive. cause exists for making this amendment Cessna. Applies to Models 310, 310A through effective in less than thirty (30) days. (Secs. 313(a), 601, 603, Federal Aviation Act 310F, 320, and 320-1 Airplanes (all serial In consideration of the foregoing and of 1958 (49 U.S.C. 1354(a), 1421, 1423); sec. pursuant to the authority delegated to 6(c), Department of Transportation Act (49 numbers). U.S.C. 1655(c))) Compliance: Required as indicated, unless me by the Administrator (31 F.R. 13697), already accomplished. § 39.13 of Part 39 of the Federal Aviation Issued in Los Angeles, Calif., on To prevent fuel starvation during high Regulations is amended by adding the , 1969. angle descent, accomplish the following: following new airworthiness directive: Lee E. W arren, (A) Effective immediately, operation of the Learjet. Applies to Model 23 (Serial Nos. Acting Director, Western Region. airplane with less than five (5) gallons of 23- 012, 23-019, and 23-030 through 23- [F.R. Doc. 69-8737; Filed, July 24, 1969; fuel in each main tank is prohibited. 099) equipped with Controlex ball bear­ 8:49 am.] (B) Prior to further flight on all models ing throttle cables; Model 24 (Serial Nos. listed above, install a permanent type placard 24- 100 through 24-139 equipped with in full view of the pilot as near as possible Controlex ball bearing throttle cables, [Docket No. 69—CE—11—AD; Amdt. 39-797] to the main fuel quantity indicator with the • and (Serial Nos. 24—140 through 24-180); following wording: and Model 25 (Serial Nos. 25-003 through PART 39—-AIRWORTHINESS "Operation With Less Than Five (5) Gal­ 25- 024) Airplanes. DIRECTIVES lons of Fuel in Each Main Tank Is Prohibited. Compliance: Within 50 hours’ time in serv­ Usable Fuel in Each Main Tank Is 45 Gal­ ice after the effective date of this airworthi­ lons.” ness directive, unless already accomplished. Cessna 310 Series and 320 Series (C) Prior to further flight on all models Airplanes To prevent the possibility of the engine listed above, install a permanent type placard power control cable jamming, accomplish the An airworthiness directive was adopted in full view of the pilot as near as possible to following: the manifold pressure gauge with the follow­ Remove the one-piece Controlex throttle on , 1969, and made effective as ing wording: to all known owners of Cessna Models cables and instaU two-piece quick-disconnect "Maintain Power Within Green Arcs Dur­ type ball bearing throttle cables in accord­ 310, 310A through 310P, 320 and 320-1 ing Descent.” ance with Lear Service Kit No. 23/24/25—317, airplanes. For clarification purposes one Note: The operator may make and install dated , 1969, or later Federal Aviation paragraph of the airworthiness direc­ the above placards. Minimum %-inch high Administration approved revision, or an tive was amended on July 15, 1969, and letters must be used. equivalent approved by the Chief, Engineer­ all owners were advised by letter of the This amendment becomes effective ing and Manufacturing Branch, Federal Avia­ amendment. The airworthiness directive July 25,1969, for all persons except those tion Administration, Central Region. was issued because as a result of tests to whom it was made effective by letters This amendment becomes effective conducted by the manufacturer in cer­ dated July 9, and July 15,1969. ,1969. tain of these model airplanes it has been determined that fuel starvation will (Sec. 313(a), 601, 603, Federal Aviation Act (Secs. 313(a), 601, 603, Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, 1423); sec. of 1958 (49 U.S.C. 1354(a), 1421, 1423); occur during high angle descent in cer­ 6(c), Department of Transportation Act (49 sec. 6(c), Department of Transportation Act tain aircraft configurations with sub­ U.S.C. 1655(c))) (49 U.S.C. 1655(C ))) stantial quantities of otherwise usable fuel in each main tank. High angles of Issued to Kansas City, Mo., on , Issued to Kansas City, Mo., on July 16, nose-down inclination cause the fuel 1969. 1969. port in the tank to be exposed to air and Edward C. Marsh, Edward C. Marsh, results in engine stoppage. A shallow Director, Central Region. Director, Central Region. angle of nose-down inclination will les­ [F.R. Doc. 69-8767; Filed, July 24, 1969; [F.R. Doc. 69-8738; Filed, July 24, 1969; sen the possibility of fuel starvation. Ap­ 8:51 a.m.] 8:49 am .] plication of power during descents while flaps are fully extended will have a marked effect in shallowing nose-down [Docket No. 69-CE-12-AD; Amdt. 39-802] SUBCHAPTER E— AIRSPACE inclinations. [Airspace Docket No. 69-CE-15] In order to prevent this condition, the PART 39— AIRWORTHINESS airworthiness directive prohibits opera­ DIRECTIVES FART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, tion with less than five (5) gallons of Learjet Models 23, 24, and 25 fuel in each main tank and requires prior AND REPORTING POINTS to further flight the installation of Airplanes placards reading: “Operation with less There have been reports of throttle Alteration of Transition Area than 5 gallons of fuel in each main tank cable jamming on certain Learjet Model On page 7869 of the F ederal R egister is prohibited. Usable fuel to each main 24 and 25 airplanes which are equipped dated , 1969, the Federal Avia­ tank is 45 gallons” and “Maintain with one-piece Controlex throttle cables. tion Administration published a notice power within green arcs during descent”. Certain Learjet Model 23 airplanes are of proposed rule making which would Since it was found that immediate cor­ also equipped with these throttle cables. amend § 71.181 of Part 71 of $he Federal rective action was required, notice and The throttle cable jamming condition Aviation Regulations so as to alter the public procedure thereon was not prac­ can result in loss of engine control. Since transition area at Poplar Bluff, Mo. tical and contrary to the public interest this condition is likely to exist or develop Interested persons were given 45 days and good cause existed for making this in other airplanes of the same type de­ to submit written comments, suggestions, airworthiness directive effective imme­ sign, an airworthiness directive is being or objections regarding the proposed diately as to the owners of the Cessna issued requiring within 50 hours’ time amendment. Model Airplanes listed hereto by individ­ in service from the effective date of this No objections have been received and ual letters dated July 9, and July 15,1969. airworthiness directive, the installation the amendment as so proposed is hereby These conditions still exist and the air­ of two-piece quick-disconnect type ball adopted, subject to the following change: worthiness directive is hereby published bearing throttle cables in accordance The Earl Fields Memorial Airport longi­ to the F ederal R egister as an amend­ with Lear Service Kit No. 23/24/25-317, tude coordinate recited to the Poplar ment to § 39.13 of Part 39 of the Federal dated May 19, 1969, or later Federal Bluff, Mo., transition area alteration as Aviation Regulations to make it effec­ Aviation Administration approved revi­ tive as to all persons in addition to those sion, or an equivalent approved by the “longitude 90°19'30" W.” is changed to to whom it was made effective by letters Chief, Engineering and Manufacturing read “longitude 90°19'20" W.”. dated July 9, and July 15,1969. Branch, Federal Aviation Administra­ This amendment shall be effective 0901 In consideration of the foregoing and tion, Central Region. G.m.t., September 18, 1969. pursuant to the authority delegated to Since a situation exists that requires (Sec. 307(a), Federal Aviation Act of 1958 me by the Administrator (31 F.R. 13697), immediate adoption of this regulation, (49 U.S.C. 1348); sec. 6(c), Department of § 39.13 of Part 39 of the Federal Aviation it is found that notice and public proce­ Transpotratlon Act (49 U.S.C. 1655(c)))

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 No. 141---- 2 12258 RULES AND REGULATIONS Issued in Kansas City, Mo., on , is to reduce the designated altitudes of Issued in Washington, D.C., on July 17, 1969. the Orogrande, N. Mex., Restricted Area 1969. D aniel E. B arrow, R-5106. T. McCormack, Acting Director, Central Region. The Department of the Army has re­ Acting Chief, Airspace and In § 71.181 (34 F.R. 4637), the follow, quested that the maximum altitude on Air Traffic Rules Division. ing transition area is amended to read: ■R-5106 be reduced from “unlimited” to [F.R. Doc. 69-8739; Filed, July 24, 1969; “40,000 feet MSL.” Such action is taken 8:49 a.m.] P oplar Blu ff, Mo. herein. That airspace extending upward from 700 Since this amendment will relieve a feet above the surface within a 5*4 -mile restriction, notice and public procedure SUBCHAPTER F— AIR TRAFFIC AND GENERAL radius of Earl Fields Memorial Airport (lati­ hereon are unnecessary and for this rea­ OPERATING RULES tude 36°46'20" N., longitude 90°19'20” W.); son may be made effective without re­ [Reg. Docket No. 9723; Arndt. 95-182] and within 3 miles each side of the 189° gard to the 30-day period preceding bearing from Earl Fields Memorial Airport, PART 95— IFR ALTITUDES extending from the 5 ^ -mile radius area to effectiveness. 8 miles south of the airport; and that air­ In consideration of the foregoing, Part Miscellaneous Amendments space extending upward from 1,200 feet above 73 of the Federal Aviation Regulations is the surface within 4 y2 miles west and 9l/2 amended effective upon publication as The purpose of this amendment to miles east of the 009° and 189° bearings from hereinafter set forth. Part 95 of the Federal Aviation Regu- Earl Fields Memorial Airport, extending from Section 73.51 (34F.R. 4837) is amended lationi is to make changes in the IFR 6 miles north to 18y2 miles south of the air­ as follows: In the “Designated altitudes.” altitudes at which all aircraft shall be port; and within 5 miles each side of the 075° bearing from the Earl Fields Memorial of R-5106 Orogrande, ^N. Mex., “to un­ flown over a specified route or portion Airport, extending from the airport to V-9, limited.” is deleted and “to 40,000 feet thereof. These altitudes, when used in excluding the portion which overlies the MSL.” is substituted therefor. conjunction with the current change­ Blytheville, Ark., transition area. (Sec. 307(a), Federal Aviation Act of 1958 over points for the routes or portions [F.R. Doc. 69-8734; Filed, July 24, 1969; (49 U.S.C. 1348); sec. 6(c), Department of thereof, also assure navigational cover­ 8:49 a.m.] Transportation Act (49 U.S.C. 1655(c) ) ) age that is adequate and free of fre­ quency interference for that route or Issued in Washington, D.C., on July 17, portion thereof. [Airspace Docket No. 68-EA-142] 1969. As a situation exists which demands T. McCormack, PART 71— DESIGNATION OF FEDERAL Acting Chief, Airspace and immediate action in the interest of AIRWAYS, CONTROLLED AIRSPACE, Air Traffic Rules Division. safety, I find that compliance with the AND REPORTING POINTS notice and procedure provisions of the [F.R. Doc. 69-8733; Filed, July 24, 1969; Administrative Procedure Act is im­ Revocation of Federal Airway and 8:48 a.m.] practicable and that good cause exists Repotting Point for making this amendment effective [Airspace Docket No. 69-SW-9] On , 1969, a notice of proposed within less than 30 days from publica­ rule making was published in the F ed­ PART 75— ESTABLISHMENT OF JET tion. eral R egister (34 F.R. 7977) stating that ROUTES In consideration of the foregoing and the Federal Aviation Administration was pursuant to the authority delegated to considering amendments to Part 71 of Designation and Alteration of Jet me by the Administrator (24 F.R. 5662), the Federal Aviation Regulations that Routes Part 95 of The Federal Aviation Regu­ would revoke the U.S. portion of Green Federal airway No. 1 and the Millinocket, On , 1969, a notice of proposed lations is amended, effective , Maine, radio beacon domestic low alti­ rule making was published in the F ed­ 1969, as follows: eral R egister (34 F.R. 7545) stating that 1. By amending Subpart C as tude reporting point. the Federal Aviation Administration was Interested persons were afforded an considering amendments to Part 75 of follows: opportunity to participate in the pro­ Section 95.48 Green Federal airway 8 posed rule making through the submis­ the Federal Aviation Regulations that sion of comments. All comments received would designate J-33 and realign J-87 is amended to read in part: between Humble, Tex., and Greater From, to, and ME A were favorable. Southwest, Tex., to provide dual route In consideration of the foregoing, Part capability. Mordvinoff INT, Alaska; *Oold Bay, Alaska, 71 of the Federal Aviation Regulations IFR; **6,000. *5,300—MEA Cold Bay LFR, Interested persons were afforded an southwestbound. **8,000—MEA required is amended, effective 0901 G.m.t., Sep­ opportunity to participate in the pro­ without HF airborne communications tember 18, 1969, as hereinafter set forth. posed rule making through the sub­ equipment. 1. In § 71.103 (34 F.R. 4506) “G -l” is mission of comments. All comments re­ ceived were favorable. Section 95.638 Blue Federal airway 38 revoked. is amended to read in part: 2. In § 71.203 (34 F.R. 4792) “Milli­ In consideration of the foregoing, Part 75 of the Federal Aviation Regulations is Five Fingers, Alaska, LF/RBN; Sisters Is­ nocket, Maine, RBN” is revoked. amended effective 0901 G.m.t.,. Septem­ land, Alaska, LF/RBN; 7,000. (Sec. 307(a), Federal Aviation Act of 1968 ber 18,1969, as hereinafter set forth. Sisters Island, Alaska, LF/RBN; Gustavus, (49 U.S.C. 1348); sec. 6(c), Department of Section 75.100 (34 F.R. 4856, 6079) is Alaska, IFR; 5,600. ♦Gustavus,. Alaska, IFR; Haines, Alaska, Transportation Act (49 U.S.C. 1655(c))) amended as follows: LF/RBN; 9,000. *7,000—MCA Gustavus Issued in Washington, D.C., on July 1. Jet Route No. 33 is added as follows: IFR, northbound. Jet Route No. 33 (Humble, Tex., to Greater Haines, Alaska, IF/RBN; Whitehorse, Yukon 17,1969. Territory, IFR; *10,000. *For that airspace T. McCormack, Southwest, Tex.). Acting Chief, Airspace and From Humble, Tex., via INT Humble 347° over U.S. territory. Air Traffic Rules Division. and Greater Southwest, Tex., 139° radials; Section 95.640 Blue Federal airway 40 to Greater Southwest. [F.R. Doc. 69-8740; Filed, July 24, 1969; is amended to read in part: 8:49 a.m.J 2. In the text of Jet Route No. 87, all Haines, Alaska, LF/RBN; Robinson, Yukon before “Tulsa, Okla.;” is deleted and Territory, , LF/RBN; *10,000. [Airspace Docket No. 69-SW-45] “From Humble, Tex., via INT Humble *9,800—MOCA. #For that airspace over 332° and Greater Southwest, Tex., 154° U.S. territory. PART 73— SPECIAL USE AIRSPACE radials; Greater Southwest;” is substi­ tuted therefor. Section 95.1001 Direct routes—United Alteration of Restricted Area (Sec. 307(a), Federal Aviation Act of 1958 States is amended to delete: The purpose of this amendment to Part (49 U.S.C. 1348); sec. 6(c), Department of Alma, Ga., VORTAC; Int, GNV 270°/AMG T3 of the Federal Aviation Regulations Transportation Act (49 U.S.C. 1655(c))) 182°; 18,000.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12259

Asheville, N.C., VOR; »Gilkey INT, N.C.; Wood INT, Kans., via N alter.; Kansas City, Section 95.6018 VOR Federal airway 18 6.000. *6,000—MCA Gilkey INT, west­ Mo., VOR via N alter.; *2,600. *2,300— is amended to read in part: bound. MOCA. 50-nautical-mile DME via 001* M rad, PIE Augusta, Ga., VOR; *Norway INT, S.C.; VORTAG; St. Petersburg, Fla., VORTAC; Section 95.6007 VOR Federal airway 7 **3,000. *3,500—MCA Norway INT, south- *6,000. *1,300—MOCA. is amended to read in part: eastbound. **2,100—MOCA. ♦Gilkey INT, N.C.; Lawndale INT, N.C.; 4,000. Nashville, Tenn.; Central City, Ky„ VOR; Section 95.6019 VOR Federal airway 19 *6,000—MCA Gilkey INT, westbound. 3.000. Int, GNV 270°/AMG 182°; 50-nautical-mile is amended to read in p art: DME, 001° M rad, PIE VORTAC; 10,000. Section 95.6009 VOR Federal airway 9 Sheridan, Wyo., VOR; Billings, Mont., VOR; Int, 090° M rad, Decatur, Ala., VOR and 136* is amended to read in p art: *8,000. *7,000—MOCA. M rad, Huntsville, Ala., VOR; Int, 080° M Sheridan, Wyo., VOR via E alter.; Billings, rad, Huntsville, Ala., VOR and 177° M rad, Cuba INT, Tenn., via W alter.; Malden, Mo., Mont., VOR via E alter.; *8,000. *7,000— Shelbyville VOR; *4,000. *2,800—MOCA. VOR via W alter.; *2,500. *1,900—MOCA. MOCA. Lawndäle INT, N.C.; Stanley INT, N.C.; 3,000. Greenwood, Miss., VOR via E alter.; Inde­ Lawson, Ga., LF/RBN; Seale INT, Ala.; pendence INT, Miss., via E alter.; *2,000. Section 95.6021 VOR Federal airway 21 *1,700—MOCA. 2.000. is amended to read in p art: Northgate INT, Fla.; Marianna, Fla., VOR; Kerrville INT, Tenn.; Holland INT, Mo.; 1,500. *2,500. *2,300—MOCA. Malad City, Idaho, VOR; Bannock INT, McComb, Miss., VOR; ’Florence INT, Miss.; Idaho; 10,000. Section 95.1001 Direct routes— United **2,000. *4,000—MRA. **1,800—MOCA. Memphis, Tenn., VOR; ’Kerrville INT, Tenn.; Section 95.6023 VOR Federal airway 23 States is amended by adding : **2,500. *2,700—MRA. **2,300—MOCA. is amended to read in part: Asheville, N.C., VOR; Int, 084° M rad, Ashe­ Oceanside, Calif., VOR; Balboa INT, Calif.; ville, VOR and 374° M rad, Fort Mill VOR; Section 95.6011 VOR Federal airway 11 4.000. 6,000. is amended to read in part: Augusta, Ga., VOR; Chattin INT, S.C.; 2,000. Memphis, Tenn., VOR via W alter.; ’Kerrville Section 95.6053 VOR Federal airway 53 Biscayne Bay, Fla., VOR; Deerfield INT, Fla.; INT, Tenn., via W alter.; **2,500. *2,700— is amended to read in part: 2,000. MRA. **2,300—MOCA. St. George INT, S.C.; ’Ernies INT, S.C.; Carmel, N.Y., VOR; Newtown INT, Conn.; Kerrville INT, Tenn., via W alter.; Dyersburg, *3,000. *2,200—MOCA. **2,000. *2,500—MRA. * *1,700—MOCA. Tenn., VOR via W alter.; *2,500. *2,300— Ernies INT, S.C.; Columbia, S.C., VOR; *2,000. Carp INT, Alaska; Shrimp INT, Alaska; MOCA. #2,000. #10,000—MEA required without *1,700—MOCA. HF airborne communications equipment. Section 95.6012 VOR Federal airway 12 Section 95.6054 VOR Federal airway 54 Deerfield ÏNT, Fla.; Bonita INT, Fla.; *6,000. is amended to read in part: *1,400—MOCA. is amended to read in part: Halibut INT, Alaska; Carp INT, Alaska; Santa Barbara, Calif., VOR; Henderson INT, Harris, Ga., VOR; *Dillard INT, Ga.; 7,500. #2,000. #10,000—MEA required without Calif.; 7,000. *7,000—MCA Dillard INT, Westbound. HF airborne communications equipment. Section 95.6013 VOR Federal airway 13 Hillemann INT, Ark., via N alter,; »Round Int, 270° M rad, Gainesville, Fla., VOR and Pond INT, Ark., via N alter; **3,000. 182° M rad, Alma, Ga., VOR; St. Peters­ is amended to read in part: *4,000—MRA. **1,700—MOCA. burg, Fla., 50-mile DME Fix, 001° rad, Hope INT, Minn.; Farmington, Minn., VOR; Texarkana, Ark., VOR via N alter.; Pike INT, *10,000. *1,300—MOCA. *3,000. *2,600—MOCA. Ark., via N alter.; *3,500. *1,700—MOCA. McOomb, Miss., VOR; Mobile, Ala., VOR; Kansas City, Mo., VOR; Plattsburg INT, Mo.; Pike INT, Ark., via N alter.; Marcus INT, *2,300. *1,800—MOCA. *2,600. *2,400—MOCA. Ark., via N alter.; 3,500. Nenana, Alaska, VOR; Chandalar Lake, Lamoni, Iowa, VOR; *Woodburn INT, Iowa; Round Pond INT, Ark., via N alter.; Memphis, Alaska, LF/RBN Cop 113° ENN; *14,500. **3,000. *4,300—MRA, **2,400—MOCA. Tenn., VOR via N alter.; *1,800. *1,500— *8,000—MOCA. Woodburn INT, Iowa; Des Moines, Iowa, VOR; MOCA. Newtown INT, Conn.; Litchfield INT, Conn.; *2,600. *2,400—MOCA. Memphis, Tenn., VOR via N alter.; *3,000. *2,200—MOCA. INT, Tenn., via N alter.; *1,900. *1,700— Porpoise INT, Alaska; Middleton Island, Section 95.6014 VOR Federal airway 14 MOCA. Alaska, VOR; #2,000. #10,000—MEA re­ is amended to read in part: Moscow INT, Tenn., via N alter.; *Selmer quired without HF airborne communica­ Shawnee INT, Okla., via S alter; Prague INT, INT, Tenn., via N alter.; **3,500. *4,000—• tions equipment. MRA. **1,700—MOCA. Putnam, Conn., VOR; Leominster INT, Mass.; Okla., via S alter.; *5,500. *2,400—MOCA. Prague INT, Okla., via S alter.; Sapulpa INT, Section 95.6057 VOR Federal airway 57 3,000. Okla., via S alter.; *4,000. *2,300—MOCA. , Ga., VOR; Huntsville, Ala., VOR; 4,000. Vandalia, HI., VOR; Terre Haute, Ind, VOR; is amended to read: St. Petersburg, Fla., 50-mile DME Fix/001“ *2,400. *2,000—MOCA. Lexington, Ky., VOR; Falmouth, Ky., VOR; rad, St. Petersburg, Fla., VOR; *6,000. 3.000. *1,300—MOCA. Section 95.6015 VOR Federal airway 15 Falmouth, Ky., VOR; Hamilton INT, Ohio; Shrimp INT, Alaska; Porpoise INT, Alaska; is amended to read in part: 2,700. #2,000. #10,000—MEA required without HF airborne communications equipment. Independence INT, Tex., via W alter.; College Section 95.6066 VOR Federal airway 66 Station, Tex., VOR via W alter.; 1,800. is amended to read in part: Section 95.1001 Direct routes—United Kansas City, Mo., VOR; Dearborn INT, Mo.; States is amended to read in part: *2,600. *2,300—MOCA. Fort Mill, S.C., VOR; Midland INT, N.C.; •2,200. *1,900—MOCA. Chason INT, Fla.; Tallahassee, Fla., VOR; Section 95.6016 VOR Federal airway 16 *3,000. *1,600—MOCA. is amended to read in part: Section 95.6071 VOiS Federal airway 71 Guppy INT, Fla.; Int, 052* M rad, Biscayne is amended to read in part: Bay, Fla., VOR and 008° M rad, Bimini, Knoxville, Tenn., VOR; ‘Piedmont INT, Nassau, VOR; *4,000. *1,200—MOCA. Tenn.; 3,000. *4,000—MCA—Piedmont INT, Sparkman INT, Ark.; Caney INT, Ark.; 3,500. Lee INT, Fla.; Valdosta, Ga., VOR; *2,000. northeastbound. Hot Springs, Ark., VOR; Ola INT, Ark.; 3,500. *1,500—MOCA. Piedmont INT, Tenn.; Ottway INT, Tenn.; Hot Springs, Ark., VOR via W alter.; Creek Orlando, Fla., VOR; Tico INT, Fla.; 2,000. 4.000. INT, Ark., via W alter.; *3,500. *3,200— MAA—45,000. Ottway INT, Tenn.; Telford INT, Tenn.; 4,000. MOCA. Memphis, Tenn., VOR via S alter.; Moscow Creek INT, Ark., via W alter.; Rover INT, Ark., Section 95.6004 VOR Federal airway 4 via W alter.; 5,500. is amended by adding: INT, Tenn., via S alter.; **1,900. *1,700— MOCA. Section 95.6077 VOR Federal airway 77 Charleston, W. Va., VOR via S alter.; Swiss Moscow INT, Tenn., via S alter.; Selmer INT, is amended to read in part: INT, W. Va., via S alter.; 3,000. Tenn., via S alter.; *3,500. *1,700—MOCA. Alex INT, Okla., via E alter.; Oklahoma City, Section 95.6004 VOR Federal airway 4 Section 95.6017 VOR Federal airway 17 Okla., VOR via E alter.; *2,800. *2,400— is amended to read in part: is amended to read in part: MOCA. Kansas City, Mo., VOR; Fleming INT, Mo.; Lamoni, Iowa, VOR; *Woodburn INT, Iowa; *2,600. *2,400—MOCA. Alex INT, Okla.; Oklahoma City, Okla., VOR; **3,000. *4,300—MRA. * *2,400—MOCA. Swiss INT, W. Va., via S alter.; Elkins, W. Va., *2,800. * 2,400—MOCA. Woodburn INT, Iowa; Des Moines, Iowa, VOR via S alter.; 5,000. Bellaire INT, Tex., via E alter.; San Antonio, VOR; *2,600. *2,400—MOCA. Topeka, Kans., VOR via N alter.; Wood INT, Tex., VOR via E alter.; *2,500. *2,400— Topeka, Kans., VQR; Huron INT, Kans.; Kans., via N alter.; *2,700. *2,400—MOCA. MOCA. *2,600. *2,300—MOCA.

.FEDERAL REGISTER, V O L 34, NO. 141— FRIDAY, JULY 25, 1969 12260 RULES AND REGULATIONS Section 95.6082 VOR Federal airway 82 Manistee, Mich., VOR via W alter.; Traverse Section 95.7054 Jet Route No. 54 is is amended to read in part: City, Mich., VOR via W alter.; *2,900. amended by adding: *2,200—MOCA. Brainerd, Minn., VOR; , Minn., Pendleton, Oreg., VORTAC; Boise, Idaho, VOR; *3,000. *2,600—MOCA. Section 95.6213 VOR Federal airway VORTAC; 18,000; 45,000. 213 is amended to read in part: Boise, Idaho, VORTAC; Pocatello, Idaho, Section 95.6086 VOR Federal airway 86 VORTAC; 18,000; 45,000. is amended to read in part: Eureka INT, N.C.; Rocky Mount, N.C., VOR; *2,000. *1,300—MOCA. Section 95.7054 Jet Route No. 54 is Billings, Mont., VOR; Sheridan, Wyo., VOR; amended to delete: *8,000. *7,000—MOCA. Section 95.6217 VOR Federal airway 217 is amended to read in part: Pendleton, Oreg., VORTAC; McCall, Idaho, Section 95.6102 VOR Federal airway VOR; 18,000; 45,000. 102 is amended to read in part: Milwaukee, Wis, ILS lezsr.; Lake Park INT, Wis.; 2,300. Section 95.7080 Jet Route No. 80 is Carlsbad, N. Mex., VOR; Hobbs, N. Mex., amended to read in part: VOR; *5,600. *5,000—MOCA. Section 95.6257 VOR Federal airway Hobbs, N. Mex., VOR; Lubbock, Tex., VOR; 257 is amended to read in part: , Ind., VORTAC; Bellaire, Ohio, *6,000. *5,400—MOCA. VORTAC; 18,000; 45,000. Malad City, Idaho, VOR; Bannock INT, Bellaire, Ohio, VORTAC; Coyle, N.J., Section 95.6112 VOR Federal airway Idaho; 10,000. VORTAC; 18,000; 45,000. 112 is amended to read in part: Pocatello, Idaho, VOR; Rockford INT, Idaho; 7.000. Section 95.7110 Jet Route No. 110 is Pasco, Wash., VOR via W alter.; * Grange INT, Rockford INT, Idaho; Dubois, Idaho, VOR; amended to read in part: Wash., via W alter.; 5,000. *6,000—MRA. 7,500. Grange INT, Wash., via W alter.; Spokane, Indianapolis, Ind., VORTAC; Bellaire, Ohio, Wash., VOR via W alter.; 5,000. Section 95.6278 VOR Federal airway VORTAC; 18,000; 45,000. 278 is amended to read in part: Bellaire, Ohio, VORTAC; Coyle, N.J., Section 95.6131 VOR Federal airway VORTAC; 18,000; 45,000. 131 is amended to read in part: Greenwood, Miss., VOR; College INT, Miss.; 2 .00 0 . Section 95.7145 Jet Route No. 145 is Tulsa, Okla., VOR; Tyro INT, Kans.; *2,700. added to read: *2,300—MOCA. Section 95.6280 VOR Federal airway 280 is amended to read in p art: Charleston, W. Va., VORTAC; Bellaire, Ohio, Section 95.6159 VOR Federal airway Topeka, Kans., VOR; Wood INT, Kans.; VORTAC; 18,000; 45,000. 159 is amended to read in part: *2,700. *2,400—MOCA. Section 95.7149 Jet Route No. 149 is Kansas City, Mo., VOR; Dearborn INT, Mo.; Wood INT, Kans.; Kansas City, Mo. VOR; amended to read: *2,600. *2,300—MOCA. *2,600. *2,300—MOCA. Casanova, Va, VORTAC; Rosewood, Ohio, Section 95.6161 VOR Federal airway Section 95.6289 VOR Federal airway VORTAC; 27,000; 45,000. 161 is amended to read in part: 289 is amended to read in part: Rosewood, Ohio, VORTAC; Fort Wayne. Ind, VORTAC; 18,000; 45,000. Lamoni, Iowa, VOR; »Woodbum INT, Iowa; Gregg County, Tex., VOR; Texarkana, Ark., **3,000. *4,300—MRA. **2,400—MOCA. VOR; 2,000. Section 95.7162 Jet Route No. 162 is Woodbum INT, Iowa; Des Moines, Iowa, VOR; Section 95.6484 VOR Federal airway added to read: *2,600. *2,400—MOCA. Minneapolis, Minn., VOR; Brainerd, Minn., 484 is amended to read in part: , Ohio, VORTAC; Bellaire, Ohio, VOR; *3,000. *2,600—MOCA. Wooden Shoe INT, Idaho; Spring Bay INT, VORTAC; 18,000; 45,000. Utah; *14,000. *11,900—MOCA. Bellaire, Ohio, VORTAC; Front Royal, Va, Section 95.6163 VOR Federal airway VORTAC; 18,000; 45,000. 163 is amended to read in part: Section 95.6492 VOR Federal airway Section 95.7502 Jet Route No. 502 is Alex INT, Okla., via W alter.; Oklahoma, City, 492 is amended to read in part: amended to read in part: Ökla., VOR via W alter.; *2,800. *2,400— Labelle, Fla., VOR via N. alter.; »Haven INT, MOCA. Fla., via N. alter.; **2,000. *3,000—MCA United States-Canadian border; Annette BeLiaire INT, Tex.; San Antonio, Tex., VOR; Haven INT, southeastbound. **1,200— Island, Alaska, VOR; 18,000; 45,000. *2,500.*2,400—MOCA. MOCA. Section 95.7518 Jet Route No. 518 is Maysville INT, Okla.; »Washington INT, amended to read in part: Okla.; **2,800. *4,000—MRA. **2,400— Section 95.7012 Jet Route No. 12 is MOCA. deleted: United States-Canadian border; Cleveland, Washington INT, Okla.; Oklahoma City, Section 95.7020 Jet Route No. 20 is Ohio, VORTAC; 18,000; 45,000. Okla.* VOR; *2,800. *2,400—MOCA. amended to delete: Cleveland, Ohio, VORTAC; Westminster, Md, VORTAC; 19,000; 45,000. Section 95.6165 VOR Federal airway From, To, ME A, and MAA 165 is amended to read in part: Pendleton, Oreg., VORTAG; Boise, Idaho, 2. By amending subpart D as follows: Oceanside, Calif., VOR; Balboa INT, Calif.; VORTAC; 18,000; 45,000. Section 95.8003 VOR Federal airway Boise, Idaho, VORTAC; Malad City, Idaho, changeover points: 4,000. VORTAC; 18,000; 45,000. From; to—Changeover point: Distance; from Section 95.6167 VOR Federal airway Section 95.7020 Jet Route No. 20 is V-15 is amended to read in part: 167 is amended to rlead in part: amended by adding: Humble, Tex, VOR via E. alter.; Navasota, Hartford, Conn., VOR; Sterling INT. Oonn.; Pendleton, Oreg., VORTAC; McCall, Idaho, Tex, VOR via E. alter.; 25; Humble. *2,600. *2,000—MOCA. VORTAC; 18,000; 45,000. V-18 is added to read: McCall, Idaho, VORTAC; Pocatello, Idaho, Augusta, Ga, VORTAC; Norway INT, S.C.; Sterling INT, Conn.; Providence, R.I., VOR; 48; Augusta. *2,500. *1,800—MOCA. VORTAC; 18,000; 45,000. V-314 is amended to delete : Section 95.6185 VOR Federal airway Pocatello, Idaho, VORTAC; Rock Springs, Princeton, Maine, VOR; St. Johns, Canada, Wyo., VORTAC; 18,000; 45,000. VOR; 36; Princeton. 185 is amended to read in part: V—484 is amended to read in part: Snowbird, Tenn., VOR; * Piedmont INT, Section 95.7034 Jet Route No. 34 is Twin Falls, Idaho, VOR; , Tenn.; 6,000. *4,000—MCA Piedmont INT, amended to read in part: Utah, VOR; 59; Twin Falls. southeastbound. Cleveland, Ohio, VORTAC; Bellaire, Ohio, (Secs. 307, 1110, Federal Aviation Act of 1958 Piedmont INT, Tenn.; via E alter.; Knoxville, VORTAC; 18,000; 45,000. (49 U.S.C. 1348, 1510)) Tenn., VOR via E alter.; 3,000. Bellaire, Ohio, VORTAC; Westminster, Md., Issued in Washington, D.C, on July Section 95.6193 VOR Federal airway VORTAC; 23,000; 45,000. 15,1969. J ames F. R udolph, 193 is amended to read in part: Section 95.7049 Jet Route No. 49 is Director, White Cloud, Mich., VOR via W alter.; Mlan- amended to delete: Flight Standards Service. istee, Mich., VOR via W alters *2,900. Charleston, W. Va., VORTAC; Philipsburg, [F.R. Doc. 69-8637; Filed, July 24, 1969; *2,300—MOCA. Pa., VORTAC; 18,000; 45,000. 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12261

[Reg. Docket No. 9701; Arndt. 658] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is repub­ lished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to thé authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.11 of Subpart B to amend low or medium frequency range (L/MP), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows : Standard I n stru m en t Approach P rocedure—T ype NDB (ADP) » Bearings, headings, courses and radiais are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances, are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance, with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum 2-engine, From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots

AMA V O R .,... . : ______...... AM L O M ....,...... Direct...... 5000 T-dn*______300-1 300-1 390-1 Claude Int______.. ______AM LOM______...... Direct...... 5000 C-dn______600-1 600-1 600-l><3 Canyon In t...... ______AM LOM______... _____ Direct______5000 A-dn...... NANANA Tower Int...... ______AM LOM...... ______Direct...... 5300 Plant In t______, ______AM LOM ...______...... Direct...... 6000

Radar vectoring. Procedure turn E side crs 130° Outbnd, 310° Inbnd, 5000' within 10 miles. Nonstandard due to ATC requirements. Minimum altitude over facility on final approach crs, 4500'. Crs and distance, facility to airport, 310°—1.6 miles. . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 1.6 miles after passing AM LOM, turn left, climb to 6000' within 20 miles on 260° bearing from AM LOM. Caution: Towers,. 3920', 2 miles NW of airport; 3994' 2 miles NE of airport; 3929', 2 miles NE of airport. 204' AGL grain elevator located % mile SW of Runway 35. Notes: No weather service at airport. Air carrier use not authorized. Tradewind MHW is AM LOM. *300-2 required for takeoff Runway 36. MSA within 25 miles of facility: 000°-360°—6000'. City, Amarillo; State, Tex.; Airport name, Tradewind; Elev., 3642'; Fac. Class-, H-SAB/LOM; Ident., AM; Procedure No. NDB (ADF)-l, Arndt. 6; Eff. date, 7 Aug. 69 Sup. Amdt. No. 5; Dated 26 June 69

Grand Beach In t...... MGC RBn (final)______...... Direct______1250 T-dn______300-1 300-1 200-J3 North Liberty Int______MGC RBn______...... Direct___ ...... 2300 C-dn______600-1 600-1 600-1)3 S-dn-20...... 600-1 600-1 600-1 A-dn...... NANA NA

Procedure turn E side of crs, 010° Outbnd, 190° Inbnd, 2300' within 10 miles. Minimum altitude over facility on final approach crs, 1250'. Facility on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of MGC RBn, climb to 2300' on crs 190° and return to RBn. Notes: (1) Use South Bend altimeter setting. (2) Procedure not authorized between 0200-1300Z. Caution: 730' MSL (80' AGL) light pole 450'W of Runway 20 centerline and 400' past threshold. MSA within 25 miles of facility: 000°-090°—2100'; 090°-180°—2900'; 180°-360°—2100'. City; Michigan City; State, Ind.; Airport name, Michigan City; Elev., 650'; Fac. Class., MHW; Ident., MGC; Procedure No. NDB (ADF) Runway 20, Amdt. 3; Eff. date, 7 Aug. 69; Sup. Amdt. No. 2; Dated, 24 July 69 i

FEDERAL REGISTER, V O L 34, NO, 141— FRIDAY, JULY 25, 1969 12262 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are In nautical miles unless otherwise indicated, except visibilities which are in statute miles...... ' . If an instrument approach procedure of the above type is conducted at the below named airport, It shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure tor such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum From— To— distance altitude Condition 65 knots More more"than (feet) or less than 65 65 knots knots

T-d%...... 1006-2 1000-2 1000-2 T-n%...... 1000-3 1000-3 1000-3 C-d...... 1000-2 1000-2 1000-2 C-n...... 1000-3 1000-3 1000-3 A-d...... 1000-2 1000-2 1000-2 A-n...... 1000-3 1000-3 1000-3

Procedure turn N side of crs, 090* Outbnd, 270° Inbnd, 4500' within 10 miles. Not authorized beyond 10 miles. Minimum altitude over facility on final approach crs, 3000'. Crs and distance, facility to airport, 157°—7.3 miles...... „ . _ . . , , , , If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6 miles after passing EED VO R, turn right and climD to 6000' on R 322° within 20 miles. N ote: Final approach from holding pattern at EED VOR not authorized. Procedure turn required. , ___. , . . . _ . %Takeoffs all runways: Climb heading 045° to intercept and climb via EED VOR R 331°, within 20 miles to recross EED VO R at 4000 , then via assigned route. Procedure turn W. of crs. , . „ _ „ ____ MSA within 26 miles of facility: 000°-090°—8190'; 090°-180°—6100'; 180°-270°—4700'; 270°-360°—6600'. City, Needles; State, Calif.; Airport name, Needles Municipal; Elev., 990'; Fac. Class., BVORTAC; Ident., EED; Procedure No. VOR-1, Arndt. 6; Eff. date, 7 Aug 69; Sup. Arndt. No. VOR 1, Arndt. 4; Dated, 24 June 65 2. By amending § 97.11 of Subpart B to cancel low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Champaign, 111. (Urbana)—University of Illinois-Willard, VOR Runway 22, Arndt. 1, 20 Jan. 1968, canceled, effective 7 Aug. 1969. 3. By amending § 97.15 of Subpart B to establish very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. , ' . , ... ,, , ,__, If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following Instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established tor en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum 2-engine, From— To— distance altitude Condition 66 knots More more than (feet) or less than 65 65 knots knots

Mansfield Int...... CMI VORTAC— ...... Direct...... 2400 T-dn%...... 300-1 300-1 200-M R 270°, CMIVORTAC CW„. R 027°, CMI VORTAC...... Via 12-mile 2700 S-dn-22...... 400-1 400-1 400-1 DME/ Arc. C-dn...... 400-1 500-1 - 500-1)3 A-dn...... 800-2 800-2 800-2 R 145°, CMI VORTAC CCW. R 027°, CMI VORTAC...... Via 12-mile 2400 DME Arc. 12-mile DME, R 027°______6-mile DME, R 027° (NOPT) Direct______2400

Procedure tum E side of crs, 027° Outbnd, 207° Inbnd, 2400' within 10 miles of 6-mile DME Fix. Minimum altitude over 6mile DME Fix on final approach crs, 2400'; over 2.6mile DME Fix, 1500'. Crs and distance, 6mile DME Fix to airport, 207°—5.3 miles. , ...... tm-Dm a r- o w „„ -r ru« and If visual contact not established upon descent to authorized landing minimums, or if landing not accomplished within 0 mile of VORTAC, climb to 2500 on R ¿M anu Pr°<%Wheifweatoerls'less than 400-1, aircraft departing Runways 4,31, and 36, maintain runway heading until reaching 15007 due to 1146' tower 2.5 miles NNE. MSA within 25 miles of facility: 000°-180°—3000'; 180°-360°—2800'. City Champaign (Urbana); State, 111.; Airport name, University of Illinois-Willard; Elev., 753'; Fac. Class., L-BVORTAC; Ident., CMI; Procedure No. VOR/DME Runway ’ 22, Arndt. Orig.; Eff. date, 7 Aug. 69

FEDERAL REGISTER, VOL 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12263

4. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency- distance measuring equipment (VOR/DME) procedures' as follows: Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation; Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below;

Terminal routes Missed approach Minimum MAP: 6.3 miles after asssing FDY From— To— Via altitudes VORTAC. (feet)

Climb to 2400', left turn, proceed to FDY VORTAC and hold. Supplementary charting information: Hold NE Findley VORTAC R 053°, right ' turns, 1 minute, 233° Inbnd. Runway 23, TDZ elevation, 850'.

Proceed turn N side of Crs, 053° Outbnd, 233° Inbnd, 2400' within 10 miles of FDY VORTAC. FAF, F D Y VORTAC. Final approach crs, 233°. Distance FAF to MAP, 6.3 miles. Minimum altitude over FDY VORTAC, 1700'. MSA: 000®-090®—2400'; 090®-180°—2300'; 180°-270°—2500'; 270®-360®—2200'. N otes: (1) Use Findley, Ohio, altimeter setting. (2) Alternate minimums not authorized. Day and N ight Minimums

A BC D Cond. MDAVIS HAT MDA VIS HAT VIS VIS

S-23...... 1260 1 410 1260 1 410 NA NA MDA VIS HAA MDA VIS HAA O...... 1380 1 530 1380 1 530 NA NA A ...... _ Not authorized T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Bluffton; State, Ohio; Airport name, Bluffton Flying Service; Elev.,-850'; Facility, FDY; Procedure No. VOR Runway 23, Amdt. Orig.; Eff. date, 7 Aug. 69

Terminal routes , Missed approach Minimum From— To— Via altitudes MAP: MTJ VOR. (feet)

Climbing right turn to 7900' direct to MTJ VOR; continue climb in holding* pattern for direction of flight. Supplementary charting information: •Hold NW MTJ VOR, right turns, . minute, 119° Inbnd. Final approach crs intercepts Runway 12 centerline 5200' from threshold. LRCO 122.1. Runway 12, TDZ elevation, 5731'.

Procedure turn S side of crs, 299° Outbnd, 119® Inbnd, 7900' within 10 miles of MTJ VOR. Final approach crs,419®. MSA: 000®-090®—13,800'! 090®-180°—15,200'; 180®-270®—13,000'; 270®-360°—11,300'. " N otes: (1) Use GJT altimeter setting when control zone not effective. (2) Final approach from holding pattern not authorized; procedure turn required. &Alternate minimums not authorized when control zone not effective, except operators with approved weather service. @Circling and straight-in MDA increased 200' when control zone not effective, except operators with approved weather service. % IFR departure procedures: Climb in holding pattern to cross MTJ VOR at or above 10,000' eastbound V-244; 9300' westbound V-244. #Air carrier reduction not authorized. $Sliding scale not authorized. D A T AND NlGHT MINIMUMS

A B C D Cond: ------MD A VIS HAT MD A VIS HAT MDA VIS HAT MDA VIS HAT

S-12@$___...... 6400 1 669 6400 1 669 6400 1}£ 669 6400 \Y i 669 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C@...... 6400 1 641 6400 1 641 6400 IM 641 6640 2 881 A...... -...... And 1000-2. T 2-eng. or less—Standard.%# T over 2-eng.—Standard.%#

City, Montrose; State, Colo.; Airport name, Montrose County; Elev., 5759'; Facility, MIJ: Procedure No. VOR-2, Amdt. Orig.; Eff. date, 7 Aug. 69

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12264 RULES AND REGULATIONS

Standard instrument Approach P rocedure—Type VOR—Continued

Terminal routes Missed approach Minimum From— T o - Via altitudes MAP: 5 miles after passing Ettrick Int; (feet)

HCM VORTAC...... HPW VORTAC (NOPT)...... Direct___ ...... 2000 Climb on HPW R-252 to 2000' to Dalton Int. and hold. Supplementary charting information: Hold SW on RIC R 220°, 1 minute/5-milo right turns Inbnd crs 040°. Intersects centerline 3000' from ■ runway threshold. Antenna 1.3 miles N of airport, 335'. Runway 23, TDZ elevation, 191'.

Procedure turn not authorized. Descend in holding pattern to 2000' at HPW VORTAC 1 minute/left turns Inbnd crs 252°. FAF, Ettrick Int. Final approoch crs, 252°. Distance FAF to MAP, 5 miles. Minimum altitude over Ettrick Int (14.8-mile DME Fix), 1600'. N otes: (1) Use Richmond altimeter setting. (2) Radar vectoring. D ay and Night Minimums

A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS

S-23...... 760 “ 1 569 760 1X 569 760 1}$ 569 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 760 1 566 760 1M 666 760 1M 566 NA A ...... -...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Petersburg; State, Va., Airport Name, Petersburg Municipal; Elev., 194'; Facility, HPW; Procedure No. VOR Runway 23, Arndt. Orig.; Eft. date, 7 Aug. 69 5. By amending § 97.23 of Subpart C to amend very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows; Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses Mid radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 8.8 miles after passing ADM VOR. (feet)

ADM N D B__ ...... ADM VORTAC...... Direct___ ...... 2500 Climb to 2700' on R-046 within 20 miles; DUC VOR...... ADM VORTAC...... Direct___ ...... 2600 Supplementary charting information: Tower 1.7 miles N, 1075'.

Procedure tum S side of crs, 226° Outbnd, 046° Inbnd, 2500' within 10 miles of ADM VORTAC. FAF, Ardmore VORTAC. Final approach crs, 046°. Distance FAF to MAP, 8.8 miles. Minimum altitude over ADM VORTAC, 2000'; over Autry Int. 1360'. MSA: 000°-090 —2700'; 090”-180°—2900'; 180°-270°—2600'; 270°-360 —2700'. #Night operations not authorized Runways 4-22. Day and Night Minimums

A B C D Cond. . j § f MDA VISHAT MDA VISHAT MDA VISHAT MDA VIS HAT

S-4#---- 1360 1 598 1360 1 598 1360 1 598 1360 1 698 MDA VISHAA MDA VISHAAMDA VIS HAAMDA VIS HAA C...... 1360 1 598 1360 1 498 1380 ltf 618 1400 2 638 VOR/DME or VOR/ADF Minimums: MDA VISHATMDA VISHAT MDA VISHAT MDA VIS HAT S-4#___ 1200 1 438 1200 1 438 1200 1 438 1200 1 438 MDA VISHAAMDA VIS HAAMDA VIS HAAMDA VIS HAA C...... 1300 1 538 1300 1 538 1380 618 1400 2 638 A...... T 2-eng. or less—Standard. T over 2-eng.-—Standard.

City, Ardmore; State, Okla.; Airport name, Ardmore Municipal; Elev., 762'; Facility, ADM; Procedure No. VOR Runway 4, Arndt. 7; Eft. .date, 7 Aug. 69; Sup. Arndt. No. 6; Dated, 28 Nov. 68

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12265

Standard I nstrument Approach P rocedure—T ype -VOR—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: MTJ VOR. (feet)

Grand Junction VORTAC...... Bridgeport DME Fix...... __ Direct_____ ...... 10,500 Climbing right turn to 8,300' on R 299° of ______Delta DME Fix...... ____ Direct___ ...... 8300 MTJ VOR within 10 miles, return to Delta DME Fix— ...... ______Roe Fan Marker (NO PT)_...... ____ Direct______*6600 VOR and hold. MTJ V O R ...... ______Roe Fan Marker______Direct___ 8300 Supplementary charting information: Hold NW MTJ VOR, right turns, 1 minute, 119° Inbnd. Final approach crs intercepts Runway 12 centerline 5200' from threshold. TDZ elevation, 5731'. LRCO—122.1.

Procedure turn S side of crs, 299° Outbnd, 119° Inbnd, 8,300' within 10 miles of Roe Fan Marker. Final approach crs, 119°. - Minimum altitude over Roe Fan Marker, *6,600'. MSA: 000°-090°—13,800'; 090°-180°—15,200'; 180°-270°—13,000'; 270°-360°—11,300'. N otes: (1) Use GJT altimeter setting when control zone not effective. (2) Fan Marker equipment required. ^Alternate minimums not authorized when control zone not effective, except operators with approved weather service. ♦Circling and straight-in MDA increased 400' and MDA over Roe FM becomes 6800' when control zone not effective, except operators with approved weather service; % IFR departure procedures: Climb in holding pattern to cross MTJ VO R at or above 10,000' eastbound V-244; 9300' westbound V-244. **Air carrier reduction not authorized. $ Sliding scale not authorized. Day and Night Minimums

A B C D MDA VISHAT MDA VISHAT MDA VISHAT VIS Fan Marker minimums: MDA VISHATMDA VISHAT MDA VISHAT S-12*$...... 6140 1 409 6140 1 409 6140 1 409 _ 6140 1 409 MDA VIS HAAMDA VIS HAA MDA VIS HAA C*...... _...... 6280 1 521 6280 1 521 6340 M 681 6640 2 881 A...... 1000-2.#’ T 2-eng. or less—Standard.%** T over 2-eng.-—Standard.%**

City, Montrose; State, Colo.; Airport name, Montrose County; Elev., 5759'; Facility, MTJ; Procedure No. VOR-1, Arndt. 1; Eff. date, 7 Aug. 69; Sup. Arndt. No. VOR Run­ way 12, Orig.; Dated, 22 Aug. 68

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 10.2 miles after passing PHX VOR; (feet)

Climbing left turn to 5000' direct to PHX VOR. Supplementary charting information: Final approach crs to a point 1.1 miles S of midpoint Runways 3/21. Chart VFR track MAP to airport.

Approach:crs (profile) starts at PHX VOR. FAF, PHX VOR. Final approach crs, 339®. Distance FAF to MAP, 10.2 miles. Minimum altitude over P H x VOR. 5000'. MSA: 010®-100°—6100'; 100®-190°—4200'; 190°-280°—5600'; 280°-010°—5900'. N otes; (1) Radar vectoring. (2) Use Phoenix altimeter setting. % IFR departure procedures: Climb visually over airport to 1900' or above, direct to PHX VOR. Day and N ight Minimums

AB C D Cond. MDAVIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA

...... 2140 1 661 2140 1 661 2140 1M 661 2140 2 661 A...... , ...... Not àuthorized. T 2-eng. or less—Standard.% T over 2-eng.—Standard.%

City, Scottsdale; State, Ariz.; Airport name, Scottsdale Municipal; Elev., 1479'; Facility, PHX; Procedure No. VOR-1, Amdt. 1; Eff. date. 7 Aug. 69: Sud Arndt No Orig : Dated, 3 July 69

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 No. 141- -3 12266 RULES AND REGULATIONS 6. By amending § 97.27 of Subpart C to establish nondirectional beacon (automatic direction finder) (NDB/ADF) pro­ cedures as follows: Standard I nstrument Approach P rocedure—Type NDB (ADF) / Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation; Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.2 miles after passing PTB RBN. (feet)

McKenney In t...... j...... :______...... PTB NDB (NOPT)-...... Direct______- 1500 Climb to 1900', right turn, direct to PTB Appomattox Int...... PTB N D B ...... I...... Direct___ ...... 1900 RBN and hold. Supplementary charting information: Hold SW, 1 minute, right turns, Inbnd crs, 052°. Alternate missed approach' Climbing left turn to 2000' via the HPW R 252° to Dalton Int and hold. Hold SW on RIC R 220° 1 minute/5-mile right turns, Inbnd crs, 040°. Runway 5, TDZ elevation, 193'.

Procedure turn S side of crs, 232° Outbnd, 052° Inbnd, 1900' within 10 miles of PTB RBN. FAF, PTB RBN. Final approach crs, 052°. Distance FAF to MAP, 4.2 miles. Minimum altitude over PTB RBN, 1500'. MSA: 000°-090°—2100'; 090°-180°—1700'; 180°-270°—1800'; 270°-360°—2100'. N otes: (1) Use Richmond altimeter setting. (2) Radar vectoring. Caution- D o not penetrate R-6602 when executing procedure turn. Day and N ight Minimums

A BC D Cond. MDAVIS HATMDAVISHATMDAVIS HAT VIS

8-5...... 720 1 627 720 1 627 720 1 627 NA MDAVISHAAMDAVIS HAA MDAVIS HAA C...... 720 1 626, 720 1 626 720 m 626 NA Not authorized. T 2 eng. or less—Standard. T over 2-eng.—Standard.

City, Petersburg; State, Va.; Airport name, Petersburg Municipal; Elev., 194'; Facility, PTB; Procedure No. NDB (ADF) Runway 5, Arndt. Orig.; Eif. date, 7 Aug. 69 7. By amending § 97.31 of Subpart C to cancel precision approach radar (PAR) and airport surveillance radar (ASR) procedures as follows: Dothan, Ala.—Dothan, Radar-1, Amdt. 3, 21 Mar. 1968, canceled, effective 7 Aug. 1969. These procedures shall become effective on the dates spec ified therein. (Secs. 307(c), 313(a), Federal Aviation Act of 1968; 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on July 2,1969. J ames F. R udolph, Director, Flight Standards Service. [F.R. Doc. 69-8087; Filed, July 24,1969; 8:45 a.m.]

Chapter II— Civil Aeronautics Board that the fee will be refunded if the ap­ Since this amendment is an interpre­ plication is (1) withdrawn prior to hear­ tive rule of agency practice and proce­ SUBCHAPTER E— ORGANIZATION ing, (2) dismissed under the stale-appli­ dure, and since it clarifies the grounds REGULATIONS cation rule of § 302.911, or (3) dismissed for refund of fees, and otherwise im­ [Reg. OR-41; Amdt. 61 pursuant to the denial of consolidation poses no burden, the Board finds that rule of § 302.12(e). Where moot applica­ notice and public procedure are unnec­ PART 389— FEES AND CHARGES FOR tions are dismissed with the carriers’ con­ essary and that the regulation may be SPECIAL SERVICES sent under the Board’s “docket-sweep” made effective immediately. program, those applications may possibly Accordingly, the Civil Aeronautics Refund of Filing Fee fall within the regulation’s scope on the Board hereby amends Part 389 of its Or­ Adopted by the Civil Aeronautics grounds either that they have been with­ ganization Regulations (14 CFR Part Board at its office in Washington, D.C., drawn or that they are stale. To remove 389), effective July 18, 1969, by amend­ on the 18th day of July 1969. any uncertainty, the Board will amend ing § 389.25(a) to read as follows: Under § 389.25 of the Organization § 389.25 by specifying that refunds are Regulations a filing fee of $200 is charged allowed in all cases where the Chief § 389.25 Schedule of filing and license for applications under section 401 of the Examiner dismisses applications prior to fees. Act involving certificates of public con­ hearing pursuant to § 385.10(b). The (a) Certificates of public convenience venience and necessity to engage in air amendment also clarifies that the re­ and necessity. (1) The filing fee for an transportation. The regulation provides funds are payable only if requested. application, under section 401 of the Act,

FEDERAL REGISTER, V O L 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12267

(i) for a certificate of public conven­ Issued: June 17,1969. plainly legible all of the information re­ ience and necessity to engage in air By the Commission. quired to be disclosed by each of the transportation, or (ii) to amend, modify, subsections of section 4(2) of the Fur renew, or transfer a certificate or to [seal] J oseph W. S hea, Products Labeling Act. abandon a route or a part thereof, is $200. Secretary. B. Falsely or deceptively invoicing fur The fee will be refunded, on request, if [F.R. Doc. 69-8701; Filed, July 24, 1969; products by: the application is withdrawn prior to 8:46 a.m.] 1. Failing to furnish invoices, as the hearing, is dismissed under the stale- term “invoice” * is defined in the Fur application rule of § 302.911 of this chap­ Products Labeling Act, showing in words ter, is dismissed pursuant to the denial [Docket No. C-1556] and figures plainly legible all the infor­ of consolidation rule of § 302.12(e) of PART 13— PROHIBITED TRADE mation required to be disclosed by each this chapter, or is otherwise dismissed PRACTICES of the subsections of section 5(b) (1) of by the Chief Examiner prior to hearing the Fur Products Labeling Act. under the authority delegated to him in Gineros & Boronico, Inc., et al. 2. Representing, directly or by impli­ § 385.10(b) of this chapter. Subpart—Invoicing Products Falsely: cation, on invoices that the fur con­ * * _ * * * § 13.1108 Invoicing products falsely: tained in the fur products is natural (Sec. 204(a), Federal Aviation Act of 1958; 13.1108-45 Fur Products Labeling Act. when such fur is pointed, bleached, dyed, 72 Stat. 743; 49 U.S.C. 1324(a); 5 TJ.S.C. 140) tip-dyed, or otherwise artificially colored. Subpart—Misbranding or Mislabeling : 3. Setting forth information required By the Civil Aeronautics Board. § 13.1185 Composition: 13.1185-30 Fur Products Labeling Act; § 13.1212 For­ under section 5(b) (1) of the Fur Prod­ [seal] Harold R. Sanderson, mal regulatory and statutory require­ ucts Labeling Act and the rules and Secretary. regulations promulgated thereunder in ments: 13.1212-30 Fur Products Label­ abbreviated form. [F.R. Doc. 69-8755; Filed, July 24, 1969; ing Act. Subpart—Neglecting, Unfairly It is further ordered, That the re­ 8:50 a.m.] or Deceptively, To Make Material Disclo­ spondent corporation shall forthwith sure: § 13.1852 Formal regulatory and distribute a copy of this order to each of statutory requirements: 13.1852-35 Fur its operating divisions. Labeling Act. It is further ordered, That the re­ Title 16— COMMERCIAL (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret spondents herein shall, within sixty (60) or apply sec. 5, 38 Stat. 719, as amended, sec. days after service upon them of this 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and order, file with the Commission a report PRACTICES desist order, Gineros & Boronico, Inc., et al., New York, N.Y., Docket C-1556, , 1969] in writing setting forth in detail the Chapter I— Federal Trade Commission manner and form in which they have In the Matter of Gineros & Boronico, complied with this order. [Docket No. 7176] Inc., a Corporation, and Spero Gin­ PART 13— PROHIBITED TRADE eros and Constantine Boronico, In­ Issued: July 8,1969. PRACTICES dividually and as Officers of Said By the Commission. Corporation Alleghany Pharmacol Corp. et al. [seal] J oseph W. S hea, Consent order requiring a New York Secretary. Subpart—Advertising falsely or mis­ City manufacturing furrier to cease mis­ [F.R. Doc. 69-8702; Filed, July 24, 1969; leadingly: § 13.170 Qualities or proper­ branding and falsely invoicing its fur 8:46 a.m.] . ties of product or service: 13.170-74 Re­ products. ducing, nonfattening, low-calorie, etc. The order to cease and desist, includ­ [Docket No. C—1555] (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets ing further order requiring report of or applies sec. 5, 38 Stat. 719, as amended; compliance therewith, is as follows: PART 13— PROHIBITED TRADE 15 U.S.C. 45) [Final order reinstating cease It is ordered, That respondents Gineros and desist order, Alleghany Pharmacal Corp. & Boronico, Inc., a corporation, and its PRACTICES et al., New York, N.Y., Docket 7176, June 17, officers, and Spero Gineros and Constan­ Orvil D. Perdfield et al. 1969] tine Boronico, individually and as officers In the Matter of Alleghany Pharmacal of said corporation, and respondents' Subpart—Advertising falsely or mis­ Corp., a Corporation, and Harry representatives, agents, and employees, leadingly: § 13.50 Dealer or seller as­ Evans and Vincent |J. Lynch, Indi- directly or through any corporate or sistance; § 13.60 Earnings and profits; . vidually, and Chester Carity, Indi­ other device, in connection with the in­ § 13.70 Fictitious or misleading guar­ vidually and as an Officer of Said troduction, or manufacture for introduc­ antees; § 13.175 Quality of product or Corporation tion, into commerce, or the sale, ad­ service. Subpart—Misrepresenting one­ vertising, or offering for sale in com­ self and goods—Goods: § 13.1608 Dealer Order dismissing an amended com­ merce, or the transportation or distri­ or seller assistance; § 13.1615 Earnings plaint issued November 15, 1965, and re­ bution in commerce, of any fur product; and profits; § 13.1647 Guarantees; instating the suspended order of Novem­ or in connection with the manufacture § 13.1715 Quality. ber 7, 1958, 23 P.R. 10506, which pro­ for sale, sale, advertising, offering for (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets hibited a distributor of sale, transportation or distribution of or applies sec. 5, 38 Stat. 719, as amended; drugs from deceptively advertising its any fur product which is made in whole 15 U.S.C. 45) [Cease and desist order, weight-reducing preparation, “Hungrex or in part of fur which has been shipped ©rvil D. Percifield trading as Northwest Chin­ with P.P.A.” chilla Co., Portland, Oreg., Docket C-1555, and received in commerce, as the terms July 2, 1969] The final order is as follows: “commerce,” “fur,” and “fur product” It is ordered, That the amended com­ are defined in the Fur Products Labeling In the Matter of Orvil D. Percifield, plaint issued on November 15, 1965, be Act, do forthwith cease and desist from: Also Known as Orville D. Percifield, dismissed as to all respondents without A. Misbranding fur products by: an Individual Trading and Doing prejudice to the right of the Commission 1. Representing, directly or by impli­ Business as Northwest Chinchilla to take such further action in the future cation, on labels that the fur contained Co., Formely Known as The Chin­ as may appear to be appropriate. in any fur product is natural when the chilla Guild of America, Pacific It is further ordered, That the order fur contained therein is pointed, Northwest Division to cease and desist issued by the Com­ bleached, dyed, tip-dyed, or otherwise Consent order requiring a Portland, mission November 7, 1958, remain in artificially colored. Oreg., distributor of chinchilla breeding effect as to all respondents named 2. Failing to affix labels to fur prod­ stock to cease making exaggerated earn­ therein. ucts showing in words and In figures ing claims, misrepresenting the quality

fEDERAL REGISTER, VOL. 34, NO. 141—^FRIDAY, JULY 25, 1969 12268 RULES AND REGULATIONS of its stock, deceptively guaranteeing those of a substantial number of pur­ bers, participants, or affiliates of any the fertility of its stock, and misrepre­ chasers and accurately reflect the price, other organization or group. senting its services to purchasers. average price or range of prices realized 16. Respondent will purchase all or The order to cease and desist, includ­ by these purchasers under circumstances any of the chinchilla offspring or pelts ing further order requiring report of similar to those of the purchaser to whom thereof raised by purchasers of respond­ compliance therewith, is as follows: the representation is made. ent’s breeding stock for $80 a pair unless It is ordered, That respondent Orvil D. 7. Purchasers of respondent’s chinchilla respondent does in fact so purchase such Percifield, also known as Orville D. breeding stock will receive top quality offspring or pelts for the represented Percifield, an individual trading and do­ chinchillas or that respondent’s chin­ price; or that respondent will purchase ing business as Northwest Chinchilla chilla breeding stock has a market value said offspring or pelts for any other Co., formerly known as The Chinchilla of $350 each or any other price or range prices unless respondent does, in fact, Guild of America, Pacific Northwest of prices unless respondent’s purchasers purchase all the offspring or pelts offered Division, or trading and doing business do actually receive chinchillas of the by said purchasers at the prices and on under any other name or names, and represented market value, price or range the terms and conditions represented; or respondent’s representatives, agents, and of prices. representing, in any manner, that re­ employees, directly or through any cor­ 8. Each female chinchilla purchased spondent will purchase chinchilla off­ porate or other device, in connection from respondent and each female off­ spring raised by customers unless re­ with the advertising, offering for sale, spring produce at least three live young spondent does in fact purchase such sale, or distribution of chinchilla breed­ per year. offspring. ing stock or any other products, in com­ 9. The number of live offspring pro­ 17. The “Guild Quality” standard of merce as “commerce” is defined in the duced per female chinchilla is any num­ live chinchilla evaluation is an accepted Federal Trade Commission Act, do forth­ ber or range of numbers; or representing, standard in the chinchilla industry for with cease and desist from: in any manner, the past number or range determining the quality of chinchilla A. Representing, directly or by impli­of numbers of live offspring produced breeding stock; or misrepresenting, in cation, that: per female chinchilla of purchasers of any manner, the standards or the ac­ 1. It is commercially feasible to breed respondent’s breeding stock unless in fact ceptance or recognition of standards in or raise chinchillas in homes, basements, the past number or range of numbers the chinchilla industry for thè evalua­ garages, or spare buildings, or other represented are those of a substantial tion or grading of chinchillas or the quarters or buildings unless in immediate number of purchasers and accurately re­ pelts therefrom. conjunction therewith it is clearly and flect the number or range of numbers 18. Approximately 75 percent of all conspicuously disclosed that the rep­ of live offspring produced per female chinchillas raised from chinchilla breed­ resented quarters or buildings can only chinchilla of these purchasers under cir­ ing stock purchased from respondent will be adaptable to and suitable for the cumstances similar to those of the pur­ be of Guild quality; or misrepresenting, breeding and raising of chinchillas on a chasers to whom the representation is in any manner, the number or propor­ commercial basis if they have the req­ made. tion of chinchillas from respondent’s or uisite space, temperature, humidity, 10. A purchaser starting with six any other breeding stock which will be ventilation, and other environmental mated pairs of respondent’s chinchillas of a stated grade or quality. conditions. will have, from the sale of pelts, a gross 19. Respondent doing business as 2. Breeding chinchillas as a commer­ income, earnings or profits of $5,760 at Northwest Chinchilla Co. or under any cially profitable enterprise can be the end of the fifth year after purchase. other trade or corporate name or as an achieved without previous knowledge or 11. Purchasers of respondent’s breed­ individual has been in the chinchilla experience in the breeding, caring for, ing stock will realize earnings, profits, or business for more than 20 years; or mis­ and raising of such animals. income in any amount or range of representing, in any manner, the length 3. Each female chinchilla purchased amounts; or representing, in any man­ of time respondent individually or from respondent and each female off­ ner, the past earnings, profits, or income through any corporate or other device spring will produce successive litters of of purchasers of respondent’s breeding has been in business. one to four live offspring at 111-day stock unless in fact the past earnings, 20. Chinchillas or chinchilla pelts are intervals. profits or income represented are those in great demand; or that purchasers of 4. The number of litters or sizes there­ of a substantial number of purchasers respondent’s breeding stock can expect of produced per female chinchilla is any and accurately reflect the average earn­ to be able to sell the offspring or the pelts number or range thereof; or represent­ ings, profits or income of these pur­ of the offspring of respondent’s chin­ ing, in any manner, the past number or chasers under circumstances similar to chillas because said chinchillas or pelts range of numbers of litters or sizes pro­ those of the purchaser to whom the rep­ are in great demand. duced per female chinchilla of purchas­ resentation is made. 21. Purchasers investing $4,000 in re­ ers of respondent’s breeding stock unless 12. Breeding stock purchased from spondent’s chinchillas „will make $25,000 in fact the past number or range of num­ respondent is warranted or guaranteed in profit 2 years after the purchase of bers represented are those of a substan­ without clearly and conspicuously dis­ respondent’s chinchillas. tial number of purchasers and accu­ closing in immediate conjunction there­ 22. Purchasers investing any amount rately reflect the number or range of with the nature and extent of the guar­ or range of amounts will make any numbers of litters or sizes thereof pro­ antee, the manner in which the guaran­ amount, or range of amounts in profit duced per female chinchilla of these pur­ tor will perform and the identity of the in any number of years or interval of chasers under circumstances similar to guarantor. time after the purchase of respondent’s those of the purchaser to whom the rep­ 13. Breeding chinchillas by mated chinchillas; or representing, in any resentation is made. pairs will produce more or better quality manner, the past profit or range of 5. Pelts from the offspring of respond­ offspring than by polygamous breeding. profits purchasers investing any amount ent’s chinchilla breeding stock sell for 14. Chinchillas are hardy animals or or range of amounts will make in any an average price of $30.90 per pelt; or are not susceptible to disease. number of years or interval of time after that pelts from the offspring of re­ 15. Purchasers of respondent’s chin­ purchase of respondent’s chinchillas un­ spondent’s breeding stock generally sell chilla breeding stock joining The Chin­ less, in fact, the past profit or range of from $15 to $60 each. chilla Guild of America will, because of profits represented are those of a sub­ 6. Chinchilla pelts from respondent’s the services offered by that organization, stantial number of purchasers and ac­ breeding stock will sell for any price, be able to raise chinchillas with pelts sell­ curately reflect the average profit or average price, or range of prices; or rep­ ing for an average price of $45 per pelt, range of profits of these purchasers un­ resenting, in any manner, the past price, or for any other amount in excess of that der circumstances similar to those of the average price or range of prices of pur­ usually received by members of said purchaser to whom the representation chasers of respondent’s breeding stock Guild; or misrepresenting, in any man­ is made. unless in fact the past price, average ner, the benefits, gains, or advantages 23. The assistance or advice furnished price or range of prices represented are afforded members of said Guild or mem­ to purchasers of respondent’s chinchilla

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12269 breeding stock by respondent or The respondents’ representatives, agents, and On ,1968, the Commission Chinchilla Guild of America will assure employees, directly or through any cor­ issued a notice of proposed rule making purchasers of successfully breeding or porate or other device, in connection in this proceeding (33 F.R. 20052, Dec. 31, raising chinchillas as a commercially with the introduction, into commerce, or 1968) wherein it proposed to amend Part profitable enterprise. the offering for sale, sale, transportation, 16, of the regulations under the Federal B. Misrepresenting, in any manner, distribution, delivery for shipment or Power Act and to delete § 2.6 of the rules the assistance, training, services or ad­ shipment, in commerce, of wool products, of practice and procedure with respect to vice supplied by respondent to purchasers as “commerce” and “wool product” are the takeover of projects by the United of his chinchilla breeding stock. defined in the Wool Products Labeling States or relicensing of projects to non- C. Misrepresenting, in any manner, the Act of 1939, do forthwith cease and Federal entities as a result of the amend­ earnings or profits to purchasers or the desist from misbranding such products ment of the Federal Power Act, Public quality or reproduction capacity of any by: Law 90-451 (82 Stat. 616). The Commis­ chinchilla breeding stock. 1. Falsely and deceptively stamping, sion additionally proposed to amend D. Failing to deliver a copy of this tagging, labeling, or otherwise identify­ §§ 4.41 and 4.40 of the regulations under order to cease and desist to all present ing such products as to the character or the Federal Power Act prescribing cer­ and future salesmen or other persons amount of the constituent fibers con­ tain new application requirements relat­ engaged in the sale of respondent’s prod­ tained therein. ing to Federal development, electrical ucts or services, and failing to secure 2. Failing to securely affix to, or place coordination, water quality, and histori­ from each such salesman or other per­ on, each such product a stamp, tag, label, cal and archeological properties. Also son a signed statement acknowledging or other means of identification showing proposed were certain amendments of receipt of said order. in a clear and conspicuous manner each §§ 4.31 and 4.50 hereinafter set forth. It is further ordered, That the respond­ element of information required to be The proposed amendments, which pro­ ent herein shall, within sixty (60) days disclosed by section 4(a) (2) of the Wool vide new procedures for the processing after service upon him of this order, file Products Labeling Act of 1939. of applications covering expiring licenses with the Commission a report in writing It is further ordered, That respondents of hydroelectric projects, will permit the setting forth in detail the manner and Slifka Fabrics, a partnership, and Commission, in a single proceeding to form in which he has complied with this Joseph Slifka and Sylvia Slifka, individ­ determine whether a project should be order. ually and as copartners trading as Slifka relicensed or recommended for Federal Issued: July 2, 1969. Fabrics, or under any other name or takeover. New procedures are also pro­ names, and respondents’ representatives, vided for the filing of applications for By the Commission. agents, and employees, directly or nonpower licenses which have been pro­ [seal] J oseph W. S hea, through any corporate or other device, vided for in the amendment of section Secretary. in connection with the offering for sale, 15 of the Act. [F.R. Doc. 69-6703; Filed, July 24, 1969; sale, sale or distribution of wool prod­ Proposed requirements for additional 8:46 a.m.] ucts, or other products in commerce, as information will enable the Commission “commerce” is defined in the Federal to explore more fully in both original and Trade Commission Act, do forthwith renewal licensing proceedings all con­ [Docket No. C—1550] cease and desist from misrepresenting siderations bearing on comprehensive de­ the character or amount of the constitu­ velopment under section 10(a) of the PART 13— PROHIBITED TRADE ent fibers contained in such products, Federal Power Act. These include eco­ PRACTICES on invoices or shipping memoranda ap­ nomic and financial feasibility, the mul­ Slifka Fabrics et al. plicable thereto or in any other manner. tiple purpose uses of streams, hydraulic It is further ordered, That the re­ and electrical coordination of a project Subpart—Invoicing products falsely: spondents herein shall, within sixty (60) with other projects and systems, water § 13.1108 Invoicing products falsely: days after service upon them of this or­ quality control, pollution abatement, rec­ 13.1108-40 Federal Trade Commission der, file with the Commission a report reational development, fish and wildlife Act. Subpart—Misbranding or mislabel­ in writing setting forth in detail the conservation, development of aesthetic ing: § 13.1185 Composition: 13.1185-90 manner and form in which they have values, and preservation of historical and Wool Products Labeling Act; § 13.1212 complied with this order. archeological properties. Formal regulatory and statutory require­ Issued: July 2, 1969. Twenty-two responses have been re­ ments: 13.1212-90 Wool Products ceived to the Commission’s notice1 sug­ Labeling Act. Subpart—Neglecting, un­ By the Commission. gesting a number of modifications of the fairly or deceptively, to make material [seal] . J oseph W. S hea, proposed rules. A number of these sug­ disclosure: § 13.1852 Formal regulatory gestions as hereinafter discussed will re- and statutory requirements: 13.1852-80 Secretary. Wool Products Labeling Act. [F.R. Doc. 69-8704; Filed, July 24, 1969; 8:46 a.m.] 1 (1) U.S. Department of the Interior, Na­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret tional Park Service. or apply sec. 5, 38 Stat 719, as amended, secs. (2) Idaho Fish and Game Department. 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45, 68) (3) Wisconsin Valley Improvement Co. [Cease and desist order, Slifka Fabrics et al., (4) Montana Power Co. New York, N.Y., Docket C-1550, July 2, 1969] Title 18— CONSERVATION OF (5) Northeast Utilities Service Co. In the Matter of Slifka Fabrics, a (6) Southern Edison Co. Partnership, and Joseph Slifka and POWER AND WATER RESOURCES (7) 'New England Power Co. Sylvia Slifka, Individually and as (8) Union Electric Co. Chapter I— Federal Power (9) U.S. Department of the Interior, Office Copartners Trading as Slifka Fabrics of the Secretary. Consent order requiring a New York Commission ( 10 ) Virginia Electric and Power Co. City converter and importer of fabrics [Docket No. R-355; Order 384] (11) Power Co. (.12) Georgia Power Oo. to cease misbranding and falsely invoic­ MISCELLANEOUS AMENDMENTS TO ing its wool products. (13) Utah Power & Light Co. CHAPTER ( 14) Pacific Gas & Light Oo. The order to cease and desist, includ­ (15) Public Service Co. of New Hampshire. ing further order requiring report of J uly 17, 1969. (16) Consolidated Papers, Inc. compliance therewith, is as follows: Takeover or relicensing of licensed (17) The Washington Water Power Co. ( 18 ) Pennsylvania Power & Light Co. It is ordered, That respondents Slifka projects, new application requirements ( 19) Idaho Power Co. Fabrics, a partnership, and Joseph Slifka relating to Federal development, electric (20) Pacific Power & Light Oo. and Sylvia Slifka, individually and as coordination, water quality, historical (21) American Public Power Association. copartners trading as Slifka Fabrics, or and archeological properties, procedural (22) U.S. Department of Agriculture, For­ under any other name or names, and changes. est Service.

FEDERAL REGISTER, VOL. 34, NO. 141—FRIDAY, JULY 25, 1969 12270 RULES AND REGULATIONS suit in improved terms of Commission in the case of unconstructed projects. information from an existing licensee on regulations. Those not adopted were con­ Some of the comments urge deferral of how it would be affected by takeover or sidered to be unnecessary or lacking in information to be required by § 16.6 (b) relicensing to another. merit. and (e) of the proposed rule. It is con­ Section 16.7 was the subject of par­ We are revising that part of § 16.3, tended for instance, that information on ticular interest to thè Forest Service, De­ which provides that Licensees whose severance damages3 would not be neces­ partment of Agriculture in its comments licenses expire within 3 years must file sary where a project is relicensed to an since there are a number of small proj­ applications for new licenses in accord­ existing licensee. Such a contention over­ ects located on National Forest lands ance with the newly prescribed regula­ looks the possibility that an application which represent potential nonpower de­ tions within 6 months of the issuance by a nonlicensee or a takeover recom­ velopments over which the Forest Serv­ of this rule, by extending the 3-year mendation, may be filed in the proceed­ ice may wish to exercise regulatory period to 3V2 years. Licensees whose ing. We wish to stress, as we did in hear­ supervision. In response to the comments licenses expire shortly after the 3-year ings before the Congress in support of of the Forest Service we have expanded period will thus have at least 6 months Public Law 90-451, that this Commis­ the language of § 16.7 to indicate that as within which to file. For Applicants who sion must have adequate information on a temporary license, the nonpower li­ have already filed under existing provi­ all subjects relating to the takeover or cense is subject to termination at any sions we are providing 6 months in which relicensing of hydroelectric projects in time after the license is issued upon to supplement their applications in ac­ order for the Commission to fulfill its showing by an agency that it is author­ cordance with the new regulations. It has responsibilities of passing upon relicens­ ized and willing to assume adequate been suggested that a 6-month period ing to the original licensee, or recom­ regulatory supervision. Moreover, we within which to prepare an application mending Federal takeover, or licensing shall provide that in the case of projects for license is insufficient. While there the project to a new entity, in a single located on the public lands or reserva­ may exist individual situations in which proceeding. tions of the United States, where there upon the filing of a prior request, a brief In response to several comments on is no pending application for relicensing extension may be shown to be warranted, § 16.6(b), we have modified the language as a powerplant, such a showing may be we believe that a 6-month period should with respect to fair value, net investment made by the agency having authority normally be adequate. It has also been and severance damages. It has been sug­ over such lands during the proceedings suggested that persons who are not pres­ gested that § 16.6(d), requiring a state­ upon an application for a nonpower li­ ently licensees but seek to be licensed to ment as to why additional project cense itself, since in such circumstances takeover and operate a project, should capacity, “if feasible” is not proposed to the necessity for our issuing any non­ for power or nonpower purposes be sub­ be installed, is ambiguous in that power license may be obviated.5 ject to the same time requirements for capacity, winch could feasibly be in­ The Forest Service raises questions filing their applications as licensees. We stalled from an engineering standpoint, concerning the language of section 15 have provided a 6-month period after may be infeasible, at least at the time of (b), added to section 15 of the Act by a licensee has filed during which non­ relicensing, on the basis of valid eco­ Public Law 90-451, appearing to author­ licensee applicants may file, recognizing nomic considerations. This is quite true, ize the Commission to issue nonpower that such parties who might otherwise and we recognize that in many, if not licenses “on its own motion”. As we un­ not choose to compete with an existing most, cases where the existing licensee derstand this language, it authorizes the licensee for a new license, may be moti­ believes technically feasible additional Commission in its discretion, to tender vated to file if adequate redevelopment capacity is not presently economic from a nonpower license to an applicant for or coordination is not proposed by the the standpoint of its company, analysis a power license “whenever it finds in licensee, or in the absence of any appli­ will show it is also not required by a conformity with a comprehensive plan cation by licensee. comprehensive plan of waterway devel­ for improving or developing a'waterway Section 16.5 dealing with annual opment undertaken either by the exist­ or waterways for beneficial public uses licenses, has been modified in accord­ ing licensee or some other interested all or part of any licensed project should ance with some of the comments to make party. But it is important in such cir­ no longer be used or adapted for power clear that an annual license will be auto­ cumstances that the existing licensee, purposes.” Nothing in the language or matically issued by the Secretary until who will be in the best position to make legislative history of Public Law 90-451 final Commission action has been taken the initial evaluation of the question, indicates that this authority supersedes upon any application by an existing provide the Commission and other in­ the existing authority of the Forest licensee for a new license.2 terested parties with a detailed state­ Service to issue Special Use Permits for A number of comments dealt with the ment of the reasons for his conclusions nonpower purposes and we anticipate provisions of § 16.6. The proposed rule on the matter.4 We shall therefore clarify no conflict with the Forest Service in this did not permit the incorporation by ref­ the rule to point out that the statement regard. erence of certain exhibits previously filed With respect to additional capacity is It has been suggested that the term in order to provide for completely self required wherever the installation there­ “regulatory supervision” taken from sec­ contained applications in takeover and of is technically feasible. tion 15(b), added by Public Law 90-451, relicensing proceedings. Upon review of The suggestion in some of the com­ should be defined. Precise definition is the proposed rule, however, we agree ments that § 16.6(e) be made applicable undesirable for purposes of the regula­ that an exception should be made with to nonlicensee applicant is not adopted tions as we do not now have before us respect to Exhibit A which, if the Appli­ as that section specifically seeks to elicit an experience base of factual situations cant is a corporation, consists of the which should be recognized in any precise definitional statement. For present pur­ charter or certificate and articles of in­ * It should be noted that § 16.6(b) (4) re­ corporation, with all amendments there­ lating to severance damages does not require poses, we believe it sufficient to note what to, and may be voluminous. We have the precise amount claimed, but rather the is intended generally is administrative provided an appropriate exception in basis for such a claim. control over the lands and facilities con­ § 16.6(a) as well as in § 4.31. We have * In this respect, we point out that the cerned. It would be our intent that a likewise provided in § 4.31 for the defer­ alternatives available to the Commission are ral of the filing of final Exhibits F and K not limited to a renewal of a project license upon condition that the licensee install new 8 There conceivably may be situations capacity then, or pursuant to some schedule where even in such circumstances a Com­ 2 With respect to the provisions of § 16.5 for the future, or turning the entire project mission license for nonpower use will be it should be noted that section 9(b) of the over to a new entity. The Act also provides beneficial to the nonlicensee applicant to per­ Administrative Procedure Act (5 U.S.C. 558c) authority for the separate licensing of in­ mit him to take advantage of the right, un­ provides that when a timely and sufficient dividual project works of a complete devel­ der section 15(b) of the Act to take over the application for a new license has been filed opment. Thus, for example, where otherwise project works at the net investment price. in accordance with agency rules a license appropriate, an additional generating unit This would, of course, be considered by the with reference to a continuing activity does or other facility could be separately licensed Commission in determining whether to ex­ not expire until the application has been to a new party while the remainder of the ercise its discretion to terminate the finally determined by the agency. project is relicensed to the original licensee. proceeding.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12271 statement by officials of the local, State the submission of anything more would cant can furnish on the project’s effect or Federal Government body in question be unnecessary and impractical. upon the water quality of the stream. We that it possessed such continuing au­ In response to several comments we are, however, making some minor modi­ thority would satisfy the provisions of have clarified the language of § 16.10 to fications to Exhibit H which will serve section 15(b) and these regulations. For make it more consistent with the gov­ to more clearly specify the information example, we anticipate that in the case erning statutory language, and certain desired and to avoid duplication of simi­ of public lands falling under the author­ language of § 16.11 erroneously suggest­ lar information provided in Exhibit R ity of the Departments of Agriculture ing that the two year notice of takeover or S. or Interior, the relevant statements provided in section 14 of the Act could be A number of the comments received would be filed by officials of these De­ shortened by Congress, has been deleted. were critical of proposed Exhibit T on partments stating their authority and It is contended in several comments that grounds that it purportedly puts a posi­ legal capacity to act in respect to the the statutory 2-year notice period is too tive burden upon an applicant to show a lands involved. short to permit the licensee to make negative with respect to Federal take­ The Department of the Interior has other arrangements. While there may over or development, and, as such, may requested that § 16.8 be changed to be circumstances where it will be impos­ indicate a Commission view that Federal provide a period of 9 months in lieu of sible or impractical to have the United development or takeover should be rec­ 6 months during which a Federal agency States or a new licensee take possession ommended unless it can be factually may file a recommendation for takeover, of the project within 2 years of final demonstrated that the applicant can do after notice of an application for re­ determination by the Congress or the a superior job. This misconceives the licensing has been issued. We are acced­ Commission’s notice thereof, in which purpose of Exhibit T, which is solely to ing to this request and likewise extend­ event the Commission will be free to seek information from the licensee to ing the time for the filing of a reply to specify the appropriate plater date, we aid the Commission in making the deter­ the recommendation, as suggested in believe that the normal notice period mination, required of it either on initial several comments, to 4 months which specified in these rules should be the licensing or relicensing, whether to rec­ is believed to be adequate. statutory minimum of 2 years. We agree, ommend Federal development. Several comments with reference to however, with the suggestion that the The procedures established by the §§16.8 and 16.9 express the need, to time in which to file claims for compen­ Commission pursuant to the congres­ provide an opportunity for oral argu­ sation after issuance of notice of con­ sional mandate that it consider in a ment and rehearing, as well as for the gressional takeover should be enlarged single proceeding the alternatives of re- notice and opportunity for hearing pre­ and have, accordingly, changed the 3- licensing or a takeover recommendation, scribed by the Act, prior to the trans­ month period in § 16.11 to 6 months. would properly be subject to criticism if mittal of a Commission takeover recom­ One comment with respect to § 16.12 we failed to seek information from the mendation to Congress. The parties to a makes reference to the absence of pro­ potential or existing licensee itself as to takeover or relicensing proceeding will visions for renewal of minor part licenses why it believed it, rather than an agency have an opportunity pursuant to our not subject to takeover. This category of .of the Federal Government, should be rules of practice and procedure to peti­ licenses, consisting primarily of trans­ authorized to construct, operate and tion the Commission for oral argument, mission facilities, are generally not sub­ maintain the project in the future. whenever they believe it appropriate for ject to section 14 or 15 of the Act and in Moreover, we consciously left the details any reason, and to seek reconsideration a number of cases involve situations -to be included in the statement to the of any action recommending takeover which under our consistent practice over applicant, speaking instead only in the to the Congress. We agree, however, the past 30 years either would not be general terms of the language of sec­ that, prior to the submission of any such licensed at all or would be licensed as tions 10(a) and 7(b),1 in recognition of takeover recommendation to the Con­ part of a complete project. However, the fact that much of the factual support gress, the licensee and other interested since there are a number of such licenses will be included in other portions of the parties should have an opportunity to which the Commission will undoubtedly filing and that the applicant should be seek reconsideration and § 16.9 has been find appropriate for relicensing and the given full rein to present such data and modified® to so provide. existing licensees should, in any event, argumentation on the point as it sees fit. It has also been suggested that pro­ have a procedure through which they A number of comments question the vision should be made for furnishing the can seek new licenses, we have included necessity for, or comprehensiveness of, Congress with the licensee’s views with minor part licenses not subject to section the proposed new Exhibit U. That ex­ respect to takeover at the time the Com­ 14 of the Act within the category of hibit seeks, for applications for new un­ mission transmits its recommendation. licenses to which § 16.12 applies. constructed projects and for relicensing Presumably, such views and those of We have added § 16.13 making § 4.31 of existing projects, detailed information other interested parties will be set forth (Acceptance for Filing or Rejection of as to the relationship of the existing and in the Commission’s report to Congress, Applications), as revised herein, appli­ proposed power output of the project to and any order on reconsideration; to cable, to license applications filed under the needs of the licensee’s system and Part 16 of the regulations. the systems of the region in which the the extent the licensee or any other party project is, or is to be, located with which believes his views have not been properly The Office of the Secretary of Interior the licensee’s system is, or could be, reflected, he is of course free to make and the National Park Service of the interconnected or coordinated on an such additional presentation to the Con­ Department of the Interior have, in their economic' basis. To the extent that these gress as he deems fit. Additionally, the respective comments, suggested some­ comments reflect a belief that any con­ record and any pleadings on the matter what similar revisions to the proposed sideration of the nature of the proposed before the Commission will be available amendment to the language of § 4.40(k) power utilization of a licensed project is for Congress’ consideration should it so of the Commission’s regulations dealing irrelevant to our licensing responsibility desire. We believe to provide, by rule, for with historical and archeological proper­ ties. The language of the rules has been revised to meet the suggestions in these 7 There has been some question raised as «Since any recommendation to the Con­ comments. to the use of the language “these public pro­ gress is necessarily a nonfinal action which grams” in the last phrase of the description cannot by itself affect the licensee’s rights, Several comments suggested that the of Exhibit T in the proposed rule. Our ob­ in the absence of subsequent congressional proposed requirements under Exhibit H jective was to indicate our recognition that legislation we do not believe such action, relating to water quality may be unnec­ in reaching our determination whether “the unlike final Commission action granting or essary in some situations. We recognize, development of any water resources for pub­ denying a license, would be subject to re­ of course, that certain projects will have lic purposes should be undertaken by the hearing or judicial review under section 313 a lesser effect on water quality than oth­ United States” under sections 7(b) or 7(c) of the Act. In fact, since a recommendation of the Act, the comprehensive development by the Commission is not a legal prerequisite ers and that the information furnished standards of section 10(a) must necessarily to congressional takeover, it cannot even be will so indicate. We believe it important, be applied. The word “programs” was inad­ characterized as an essential interlocutory however, that the Commission obtain all vertently substituted for the statutory word step in such action. available information which an appli- “purposes” and this has been corrected.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12272 RULES AND REGULATIONS as long as the power can be economically 884, 858, 82 Stat. 616; 16 U.S.C. 797(e), port and in the F ederal R egister a table absorbed in the licensee’s system, they 802, 803, 807, 808, 825h) orders: showing the projects which will expire are based upon an overly restrictive view (A) Part 16, Subchapter (B), Chapterduring the succeeding 5 years. The table of our duties to insure that licensed proj­ I, Title 18, Code of Federal Regulations will list these licenses according to their ects are “best adapted to a comprehen­ is amended by substituting therefore a expiration dates and will contain the sive plan for improving or developing new Part 16 as follows: following information: (a) License ex­ a waterway * * * for the use or bene­ piration date; (b) licensee’s name; (c) fit of interstate or foreign commerce, for PART 16— PROCEDURES RELATING project number; (d) type of principal the improvement and utilization of water TO TAKEOVER AND RELICENSING project works licensed, e.g., dam and power development and for other public OF LICENSED PROJECTS reservoir, powerhouse, transmission lines; (e) location by State, county, and uses * * See Udall v. FPC, 387 U.S. Sec. 428, cf., Red Lion Broadcasting Co. v. 16.1 Purpose and coverage. stream; also by city or nearby city when Federal Communications Commission, 16.2 Public notice of projects under ex­ appropriate; and (f) plant installed _____ U.S.______37 U.S. Law Week piring license. capacity. 4509, 4517. (U.S. Sup. Ct., 1969). We 16.3 When to file. § 16.3 When to file. agree, however, that the significance of 16.4 Notice upon filing of application. such information will vary with the mag­ 16.5 Annual license. (a) An existing licensee must file an nitude of the potential power output of 16.6 Application for new license for proj­ application for a “new license” or “non­ ects subject to sections 14 and 15 power license” or a statement of in­ the project, and are accordingly modify­ of the Act and all other major ing the exhibit to provide that it will projects. tention not to file an application for a not be applicable, except upon special 16.7 Applications for nonpower license. “new license” no earlier than 5 years request, to projects having or proposing 16.8 Departmental recommendation for and no later than 3 years prior to the to have less than 25,000 kilowatts in­ takeover. expiration of its license, except that, stalled capacity. We have also modified 16.9 Commission recommendation to Con­ where the license will expire within 3 ^ the language of the exhibit to make gress. years of the issuance of this part, such 16.10 Motion for stay by Federal depart­ applications or statements shall be filed clear that it is applicable to all of the ment or agency. power output of a project sought to be 16.11 Procedures upon congressional au­ within 6 months from the effective date relicensed, and that among the data to thorization of takeover. of this part. Applicants which have ap­ be supplied is information with respect 16.12 Renewal of minor and minor part plications pending which were filed un­ to the dependable capacity of the licenses not subject to sections 14 der previous Commission regulations project. and 15. shall supplement their applications in Several of the comments, while recog­ 16.13 Acceptance for filing or rejection of accordance with pertinent provisions of nizing the general validity of the inquiry- ~ application. this part within 6 months of the effective into the nature of the power utilization, Authority: The provisions of this Part 16 date of this part. question its scope particularly to the ex­ issued under Federal Power Act, secs. 7(c), . (b) Any other person or municipality tent it requires the applicant to explore 14, 15, 309 (16 U.S.C. 800, 807, 808, 825h). may file an application for a “new li­ the potential utilization of the power de­ § 16.1 Purpose and coverage. cense” or “non-power license” within 5 veloped, or which could be developed, by years of the expiration of the license, other systems with which the applicant’s This part implements the amendments but in no event, unless authorized by the system could be, but is not presently, of sections 7(c), 14, and 15 of Part I of Commission, later than 6 months after interconnected and coordinated. We rec­ the Federal Power Act, as amended, en­ issuance of notice of the filing of an ognize, of course, that the range of the acted by Public Law 90-451, 82 Stat. application or statement by the licensee systems with which an applicant’s sys­ 616, approved , 1968. It applies under § 16.4 or 2V2 years before the tem theoretically could be electrically to projects subject to sections 14 and 15 expiration of the license, whichever is interconnected and coordinated are ex­ of the Federal Power Act including projects for which a nonpower license earlier. tensive and for this reason limited the (c) Any application submitted after scope of the inquiry to those whom the may be issued. Procedures are provided for the filing of applications for either the expiration of the time specified here­ applicant could reasonably believe could, in for filing must be accompanied by a in the event of interconnection and co­ power or nonpower licenses for projects whose licenses are expiring. A license for motion requesting permission to file late, ordination, utilize project power upon which motion shall detail the reasons of an economic basis. We do not believe, a power project issued to either the original licensee or another licensee is good cause why the application was not however, as some of the comments sug­ timely filed and how the public interest gest, that such inquiry should be limited referred to in this part as a "new license” to systems which have previously ex­ and a license for a nonpower project as would be served by its consideration. pressed an interest in securing project a “non-power license”. Also provided are § 16.4 Notice upon filing of application. procedures for the filing of recommenda­ power. An applicant seeking to utilize When any timely application or state­ the Nation’s waterways for the develop­ tions for takeover by Federal depart­ ments or agencies and applications for ment within the meaning of § 16.3 is ment of power has an obligation to look received, or when the Commission beyond its own needs to those of the renewal of licenses not subject to sec­ tion 14. grants any motion for consideration of region in which it operates, Western a late filed application, notice of receipt Electric Co. 39 FPC 723, § 16.2 Public notice of projects under thereof will be furnished the applicant, 734-35, 40 FPC 300. For from being expiring license. and public notice will be given in the merely an unwelcome burden we are con­ In order that there should be adequate same manner as provided in sections vinced that the reasonable regional notice and opportunity to file timely ap­ 4(f) and 15(b) of the Act (49 Stat. 838; planning required to be detailed by the plications for a license, the Commission’s 41 Stat. 1072; 82 Stat. 616; 16 U.S.C. exhibit will, in most cases, be beneficial Secretary will give notice of the expira­ 797, 808) §§ 1.37 and 2.1 of this chapter, to the prospective licensee, as well as the tion of license of a project (except trans­ the Fish and Wildlife Coordination Act, general public. mission line and minor projects) 5 years 48 Stat. 401, as amended, 16 U.S.C. 661 The Commission finds: in advance thereof in the same man­ et seq., and by publication in the F ed­ The amendments hereinafter set forth ner as provided in section 4(f) of the eral R egister. are necessary and appropriate for carry­ Act. The Secretary shall upon promulga­ ing out the provisions of the Federal tion of the rules herein give notice, as § 16.5 Annual licenses. Power Act. provided in section 4(f) of the Act, of all No application for annual license need The Commission acting pursuant to whose license terms have expired since be filed nor will such application be the provisions of the Federal Power Act, January 1, 1968, or which will expire as amended, particularly sections 4(e), within 5 years of the effective date of accepted under section 15 of the Act. An 7(c), 9, 10(a), 14, 15, and 309 thereof this rule. In addition, the Commission existing licensee making timely filing for (41 Stat. 1065, 1068, 1071, 1072; 49 Stat. each year will publish in its annual re­ a new license will be deemed to have

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12273 filed for an annual license. If the Com­ §16.7 Application fornonpower Rcense. application for a new license. Depart­ mission has not acted upon an applica­ Each application for “non-power li­ ments or agencies filing such recom­ tion by licensee for a new license at the cense” shall generally follow the form mendations shall thereby become parties expiration of the license term, by the prescribed in § 131.6 of this chapter, ex­ to the relicensing-takeover proceeding. issuance of an order granting, denying cept for subsections 7 and 8 thereof. It An original and 14 copies of the recom­ or dismissing it, an annual license shall shall be accompanied by Exhibits K, L, R, mendation shall be filed together with be issued by notice of the Secretary. one additional copy for each interested and S prepared as described in section State commission. The recommendation § 16.6 Applications for new license for 4.41, and shall include the information shall specify the project works which projects subject to sections 14 and 15 specified in paragraphs (a) through (c) would be taken over by the United of the Federal Power Act and all of this section. Unless otherwise specified, States,, shall include a detailed descrip­ other m ajor projects. an original and 14 conformed copies tion of the proposed Federal operation (a) Each application for a new license of the application and all accom­ of the project, including any plans for hereunder shall conform in form to panying exhibits shall be submitted with its redevelopment and shall indicate how § 131.2 of this chapter, and shall set one additional conformed copy for each takeover would serve the public interest forth in appropriate detail all informa­ interested State commission. Additional as fully as non-Federal development and tion and exhibits prescribed in §§ 4.40 information may be requested by the Commission if desired. operation. It shall also include a state­ through 4.42 of this chapter, inclusive (a) Applicant shall furnish a descrip­ ment indicating whether the agency and in § 4.51 of this chapter, as well as tion of the nonpower purpose for which making the recommendation intends to additional information specified in the project is to be utilized and a show­ undertake operation of the project. A paragraphs (b) through (e) of this sec­ ing of how such use conforms with a copy of the recommendation shall be tion, except that Exhibit A may be in­ comprehensive plan for improving or de­ served upon the licensee by the Commis­ corporated in an application by reference veloping a waterway or waterways for sion’s Secretary. Any applicant for a where one applicant files applications beneficial uses, including a statement of new license covering all or part of the for several projects, one of which already the probable impact which conversion project involved in the takeover recom­ contains an Exhibit A or in any case of the project to nonpower use will have mendation shall have 120 days within where applicant has filed an Exhibit A on the power supply of the system served which to serve a reply to the recommen­ within 10 years preceding the filing of by the project. dation upon the Commission with copies the application, and that Exhibits N and to any parties in the proceeding. O as specified in § 4.41 of this chapter (b) Applicant shall identify the State, need only be filed as provided in para­ municipal, interstate or Federal agency, § 16.9 Commission recommendation to graph (c) of this section. An original if any, which is authorized or willing to Congress. and fourteen conformed copies of the assume regulatory supervision over the If the Commission, after notice and application and all accompanying ex­ land, waterways and facilities to be in­ opportunity for hearing concludes upon hibits shall be submitted to the Com­ cluded within the nonpower project. (If departmental recommendation, a pro­ mission plus one additional conformed there is such an agency, applicant shall posal of any party, or its own motion, copy for each interested State Com­ forward one copy of the application to that the standards of section 10(a) of the mission. such agency.) Act would best be served if a project (b) An application for a “new license” (c) Applicant shall submit a proposal whose license is expiring is taken over hereunder shall include a statement for the removal or other disposition of by the United States, it will issue its showing the amount which Licensee power facilities of the project. findings and recommendations to this, estimates would be payable if the project A “non-power license” shall be effec­ effect, and after any modification there­ were to be taken over at the end of the tive until such time as in the judgment of, upon consideration of any applica­ license term pursuant to the provisions of the Commission a State, municipal, tion for reconsideration, made in con­ of sections 14 and 15 of the Federal interstate, or Federal agency is author­ formity with the provisions of § 1.34 of Power Act. This statement shall include ized and willing to assume regulatory this chapter governing applications for estimates of: (1) Fair value; (2) net in­ supervison over the land, waterways, and rehearing, forward copies of its findings vestment; and (3) severance damages. facilities included within the “non-power and recommendations to the Congress. (This subsection is not applicable license” or until the project structures to State, municipal, or nonlicensee are removed. Such State, municipal, in­ § 16.10 Motion for stay by Federal de­ applicants.) terstate or Federal agency may petition partment or agency. (c) If the applicant proposes project the Commission for termination of a If the Commission does not recom­ works in addition to those already under “non-power license” at any time. Where mend to the Congress that a project be license, the maps, plans, and descriptions the existing project is located on the pub­ taken over, a Federal department or of the project works (Exs. I, J, L and lic lands or reservations of the United agency which has filed a timely recom­ M) shall distinguish the project works States, and there is no application for mendation for takover as provided in or parts thereof which have been con­ relicensing as a power project either by this part may, within thirty (30) days of structed from those to be constructed. the original licensee or some other en­ issuance of an order granting a license, Exhibits N and O shall also be included tity, or a takeover recommendation, the file a motion, with copies to the parties in the application relating to new con­ Commission may, in its discretion, and in the proceeding, before the Commis­ struction. upon, a showing by the agency having sion requesting a stay of the license (d) Applicant shall furnish its plans jurisdiction over the lands or reservations order. Upon the filing of such a motion, for the future modification or redevelop­ that it is prepared to assume requisite the license order automatically will be ment of the project, if any, and regulatory supervision for the nonpower stayed for 2 years from the date of is­ shall set forth in detail why technically use of the project, terminate the pro­ suance of the order, unless the stay is feasible, additional capacity is not pro­ ceeding without issuing any license for terminated earlier upon motion of the posed for installation at the time of nonpower use. department or agency requesting the stay or by action of Congress. The Com­ relicensing. § 16.8 Departmental recommendation (e) Applicant shall file a statement for takeover. mission will notify Congress of any such on the effect that takeover by the United stay. Upon expiration or termination of States or relicensing to another appli­ A recommendation that the United the stay, including any extension thereof cant would have upon the supply of elec­ States exercise its right to take over a by act of Congress, the Commission’s tric energy to the system with which it project may be filed by any Federal de­ license order shall automatically become is interconnected, the rates charged partment or agency no earlier than 5 years and no later than 2 years prior effective in accordance with its terms. its customers, the licensee’s financial The Commission will notify Congress of condition, and taxes collected by local, to the expiration of the license term; State, and Federal Governments. (This Provided, however, That such recommen­ each license order which has become ef­ subsection is not applicable to State, dation shall not be filed later than 9 fective by reason of the expiration or municipal or nonlicensee applicants.) months after the issuance of a notice of termination of a stay.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 No. 141- -4 12274 RULES AND REGULATIONS

§ 16.11 Procedures upon congressional (1) Other data which the Applicantof sales, purchases, or exchanges of various authorization of takeover. may consider pertinent types of capacity, energy, transmission, or other servicing including, but not necessarily A determination whether or not there 2. Section 4.41 is amended by revis­limited to, all requirements service, partial is to be a Federal takeover of a project ing Exhibit H and adding Exhibits T requirements service, hydrostorage and hy­ would ultimately be made by Congress and U to § 4.41 as follows: drothermal pumped back operations, econ­ through the enactment of appropriate omy energy transactions, equipment legislation. If Congress authorizes take­ § 4.41 Required exhibits. maintenance scheduling, reserve sharing, over, the Secretary will immediately * * * * * frequency control and point to point or dis­ placement deliveries of electric power and give the licensee not less than 2 years’ Exhibit H. A statement of the proposed energy. operation of the project works during times notice in writing of such action. Within The exhibit shall inter alia state the fol­ 6 months of issuance of such notice the of low, normal, and flood flows on the stream, lowing: (1) Nature and extent of the appli­ licensee shall present to the Commission including a statement of reservoir elevations and the minimum flow proposed to be re­ cant’s consultation with other electric any claim for compensation consistent leased, during the recreation season and systems, power pools, or power planning with the provisions of section 14 of thé periods of low water, and, to the extent pos­ groups in formulating its plan for develop­ Federal Power Act and the regulations sible, full exposition of any proposed use of ment and utilization of the optimum output of the Commission. the project for the conservation and utiliza­ of the project, including the disposition of tion in the public interest of the available excess power and energy from the project § 16.12 Renewal of minor or minor part water resources for the purposes of power, to others than the applicant and the terms licenses not subject to sections 14 and navigation, irrigation, reclamation, flood of any such disposition; (2) the nature and 15. control, recreation, fish, wildlife, and munic­ extent of applicant’s activities in correlat­ ing the generating and transmission capabil­ Licensees whose minor or minor part ipal water supply. A statement of the ef­ fect, if any, the project would have on water ity of the project with the needs and re­ licenses are not subject to sections 14 quality, in the reservoir or downstream, sources of its system and of other intercon­ and 15 of the Act and wish to continue plans for maintaining or improving water nected systems. Such statements shall set operation of the project after the end quality and a statement on the extent of forth full details of the load, generation, and of the license term shall file an applica­ consultation and cooperation with Federal, time periods employed. With respect to in­ tion for a “new license’’ 1 year prior to State, and local agencies having responsibili­ formation on dependable capacity required ip Exhibit I, applicants shall furnish a summer the expiration of their original license in ties for water quality control. A statement and winter load curve either on a weekly accordance with applicable provisions of as to whether in relation to existing and or monthly basis, showing the contribution part 4 of this chapter. proposed future projects in the same or related watersheds, the fullest practicable that the project would make to the depend­ § 16.13 Acceptance for filing or rejec­ utilization of the water, storage possibilities able capacity on the applicant’s system as tion o f application. and head available will be made possible. well as the regional system load on which Furnish operating rule for reservoirs with it would or could be used and indicating Acceptance for filing or rejection of draw-down and usable storage; State any ohange in dependable capacity of the applications under this part shall be in criteria for determining spillway capacity. project with load growth at appropriate accordance with the provisions of §4.31 To the extent that aspects of water quality, intervals from and after the date of the of this chapter. referred to herein, related to fish and wild­ application or initial operation. life and recreation are covered in Exhibit 3. Section 4.50 is amended to provide S or in Exhibit R, respectively, a specific an exception to the requirement of Ex­ pa rt 2— GENERAL POLICY AND reference to Exhibit S or Exhibit R will suf­ fice. hibits T and U with respect to applica­ INTERPRETATIONS tions for certain constructed projects by ***** adding the following paragraph to § 4.50: § 2.6 [Deleted] Exhibit T. A statement setting forth why (B ) Part 2, Subchapter A, Chapter I,the development and operation of the proj­ § 4.50 Contents. Title 18 of the Code of Federal Regula­ ect by applicant rather than the Federal * * * * * Government would be best adapted to a com­ Exhibits T and U. These exhibits shall tions is amended by deleting therefrom prehensive plan for improving or developing § 2 .6. not be required for applications for original the waterway or waterways within the mean­ licenses on constructed projects. ing of section 10(a) of the Act and why the development of the water resources by the pa rt 4— LICENSES, PERMITS, AND 4. Section 4.31 is amended to read as Federal Government is not necessary to follows: DETERMINATION OF PROJECT achieve these public purposes. (This exhibit COSTS is not required in applications for relicens-- § 4.31 Acceptance for filing or rejec­ ing of State or municipal projects.) tion of applications. (C) .Part 4, Subchapter A, Chapter I, Exhibit U. This exhibit shall (unless (a) When an application which con­ Title 18 of the Code of Federal Regu­ specially requested during the course of forms to the requirements of § 1.15 of lations is amended as follows: processing of an application) be applicable this chapter is received, it will be given 1. Section 4.40 is amended by substi­to applications for projects both on initial licensing and relicensing, having or propos­ a filing number. Notice of receipt thereof tuting new provisions for § 4.40 (k) and ing to have 25,000 kilowatts or more of capac­ and filing number given thereto will be redesignating the current paragraph (k) ity. It shall consist of a detailed statement furnished applicant and notices will be as (1) as follows: showing the manner in which any power given in accordance with the require­ § 4.40 Contents. or energy developed or to be developed by ments of section 4 of the Act (49 Stat. the project, or in the case of an application ***** for relicensing of an existing project, any 839; 16 U.S.C. 797), § 1.37 of this chap­ (k) A description of any historical or additional power or energy proposed to be ter, and the Fish and Wildlife Coordina­ archeological properties listed in the developed, will be utilized, and the manner tion Act, 48 Stat. 401, as amended 16 in which any additional power or energy that U.S.C. 611 et seq. Notice will also be National Register established under the could be economically developed might be given to the appropriate office of the provisions of Public Law 89-665 (80 Stat. utilized: (a) As a part of applicant’s electric Department of the Interior as to the 915) or under consideration or eligible system; (b) as a part of the electric systems public lands affected, if any, so that for listing in the National Register which of others with which applicant electrically withdrawals from entry may be record­ are or may be affected by the project. interconnects and coordinates; and (c) as a ed, unless such action has been taken The National Register is contained in the part of the electric systems of others with in connection with a preliminary per­ F ederal R egister of February 25, 1969, which applicant could electrically intercon­ nect and coordinate upon an economic basis. mit. An application in order to be accept­ Part 2 of this chapter (34 F.R. 2580), and able for processing must contain the is updated on the first Tuesday of each Among the details to be so provided, the exhibit shall identify by FPC rate schedule information required pursuant to §§ 4.40 month thereafter. Inquiries with respect designation (or furnish as a part of the through 4.51, inclusive, as well as, any to properties under consideration or exhibit, if not on file with the Commission, additional information required, as ap­ eligible for listing may be directed to the including any agreements) all of the under­ propriate, except that; (a) Exhibit A State Liaison Officer, a list of which takings of the applicant to interconnect and may be incorporated in an application is included in the F ederal R egister of coordinate its generation and transmission by reference where an applicant files February 25,1969. facilities with those of others for purposes applications for several projects one of

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12275 1. Paragraphs (a) and (b) of § 405.- Sec. which already contains an Exhibit A 405.1684 Payment on the basis of an un­ or in any case where applicant has filed 1667 have been clarified with respect to paid bill; individual dies before an Exhibit A within 10 years preceding where providers of services shall file receiving direct payment or as­ the filing of the application, and (b) for claims and requests for payment. signing payment. unconstructed projects, final Exhibits P 2. Paragraph (a) of § 405.1672 has 405.1685 Payment to qualified organizations and K may be filed subsequent to the been changed to set forth more specifi­ that pay bills on behalf of en- issuance of the license as prescribed' cally the circumstances under which rollees. payment for a nonparticipating hospi­ 405.1686 Organizations qualified to receive therein. payment for benefits on behalf (b) An applicant may be required total’s reasonable chargés for covered of enrollee. furnish additional information required emergency hospital services may be made 405.1692 Time limitation for claiming pay­ pursuant to these sections at such time directly to the entitled individual. ment. as the Secretary directs. Failure to fur­ 3. Paragraph (a) (2) and Example 2 405.1693 Definition of claim for purposes of nish the required information will con­ of § 405.1675 have been modified to re­ time limitation. stitute grounds for rejection of the ap­ flect that an enrolled individual may as­ 405.1694 Extension of time limitation. plication by the Secretary as provided by sign a claim for a supplementary medical § 405.1660 Payment on behalf of the in­ § 1.14 of this chapter. The Commission insurance benefit to the person or or­ dividual ; general. may require as a condition of license ganization furnishing the services even that the licensee furnish additional or if the enrolled individual has paid part (a f Hospital insurance benefits. Where revised exhibits by a specified time. Fail­ of the bill amounting to as much as or an individual is entitled to hospital in­ ure to furnish such information within more than the full reasonable charge to surance benefits, payment based on rea­ the time specified, or an extension such person or organization. The assign­ sonable cost is made on his behalf to a thereof granted by the Commission, shall ment, upon acceptance by the physician participating provider of services (or in constitute'a violation of the license and or supplier, is deemed valid and the some cases to a nonparticipating hospital cause for action under section 26 of the reasonable charge shall be the full for emergency services) for, covered in­ charge. patient hospital services (see §§ 405.116, Federal Power Act. 405.152, and 405.153), post-hospital ex­ (D) These amendments shall become (Secs. 1102, 1814, 1815, 1833, 1835, 1842, 1871, tended care services (see § 405.125), post­ effective September 2,1969. 49 Stat. 647, as amended, 79 Stat. 294, as hospital home health services (see (E) The Secretary shall cause prompt amended, 79 Stat. 297, 79 Stat. 302, 303, 309, § 405.131), and outpatient hospital diag­ publication of this order to be made in 331, as amended; sec. 5, Reorganization Plan nostic services furnished before April the F ederal R egister. No. 1 of 1953, 67 Stat. 18, 631; 42 U.S.C. 1302, 1395 et seq.) 1968 (see §§ 405.145 and 405.152). Effec­ By the Commission. tive with respect to services furnished on Effective date. This amendment shall or after April 1, 1968, coverage of out­ [ seal] G ordon M. Grant, be effective upon publication in the Secretary. patient hospital diagnostic services is F ederal R egister. included as “medical and other health [F.R. Doc. 69-8686; Filed, July 24, 1969; Dated: ,1969. services” under the supplementary medi­ 8:45 a.m.] cal insurance benefits plan. R obert M. B all, (b) Supplementary medical insurance Commissioner of Social Security. benefits. Where an individual is entitled Title 20— EMPLOYEES’ Approved: July 17,1969. to supplementary medical insurance ben­ R obert H. F inch, efits, payment based on reasonable cost Secretary of Health, is made on his behalf to a participating BENEFITS Education, and Welfare. provider of services (or to a hospital which has elected to claim payment for Chapter III— Social Security Adminis­ Subpart P of Regulations No. 5 (20 emergency services) for covered home tration, Department of Health, Ed­ CFR 405.1601 et seq.) is amended by re­ health services (see § 405.233 et seq.) and ucation, and Welfare vising the heading and adding §§ 405.- medical and other health services (see [Regs. No. 5, further amended] 1660-405.1694 to read as set forth below. §§ 405.231 and 405.249) furnished by, or under arrangements made by, such pro­ PART 405— FEDERAL HEALTH INSUR­ Subpart P— Certification and Recertification; Requests for Payment vider of services or hospital. (See ANCE FOR THE AGED (1965----- ) • * * * § 405.1680 relating to billing for services Sec. * furnished by a physician.) Subpart P— Certification and Recerti­ 405.1660 Payment on behalf of the individ­ (c) ~ Claim for payment. A claim for fication; Requests for Payment ual; general. 405.1662 Form used for claiming payment. payment for services described in para­ Programs for H ospital I nsurance B ene­ 405.1663 Individual’s request for payment. graph (a) or (b) of this section must be fits and S upplementary Medical I n ­ 405.1664 Persons authorized to request pay­ submitted by the participating provider surance B enefits for Aged ment. or the hospital which has elected to claim 405.1665 Evidence of authority to execute a payment for emergency services, and the On January 25, 1969, there was pub­ request for payment. individual or an authorized person act­ lished in the, F ederal R egister (34 F.R. 405.1666 Signature by representative of the ing on his behalf must request, in writ­ 1254) a notice of proposed rule making participating provider or hospi­ with a proposed amendment to Subpart tal. ing, that such payment be made (see P of Regulations No. 5. The proposed 405.1667 Submitting claim for payment and §§ 405.1663 and 405.1667). request for payment. amendment would add new sections to 405.1672 Individual’s request for direct pay­ § 405.1662 Form used for claiming pay­ the subpart to set forth policies and ment; general. m ent. procedures for requesting payment un­ 405.1674 Individual’s request for direct pay­ A claim for payment under the hospi­ der the programs for hospital insurance ment; evidence describing serv­ benefits and supplementary medical in­ ices. tal insurance benefits program or the surance benefits for the aged pursuant 405.1675 Assignment of right to receive pay­ supplementary medical insurance plan ment under the supplementary to title XVIII of the Social Security Act. medical insurance benefits plan. shall be submitted by a participating Interested persons were given the oppor­ 405.1678 Direct payment or assignment of provider of services or a hospital which tunity to submit within 30 days, data, payment; prescribed form. has elected to claim payment for emer­ 405.1679 Execution of claim for payment. gency services on a form designated by views, or arguments with regard to the 405.1680 Payment pursuant to physician’s proposed new sections. The 30-day pe­ authorization to accept assign­ the Social Security Administration and riod has passed and no comments have ment and receive payment on his executed in accordance with such in­ behalf. structions as are prescribed by the Ad­ been received. Accordingly, the amend­ 405.1683 Payment on the basis of a paid ment is, as proposed, adopted, subject to bill; individual dies before re­ ministration (see § 422.510 of Part 422 the following changes: ceiving direct payment. of this chapter).

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12276 RULES AND REGULATIONS

§ 405.1663 IndividuaTs request for pay­ (c) Where an individual is deceased, ered items and services furnished to an m ent. the request for payment may be executed individual, must be signed by an author­ Except as provided in paragraph (a), by one of the following, without any or­ ized representative of such provider or (b), or (c) of this section or § 405.1664, der of priority: The legal representative hospital. before payment may be made on behalf of his estate, a relative or other person who had been receiving social security or § 405.1667 Submitting claim for pay. of an individual, a written request for ment and request for payment. payment must be executed by the indi­ other governmental benefits on behalf vidual or an authorized person acting on of the individual, a relative or other per­ (a) Submitting a claim. A participat­ his behalf. The individual or the author­ son who arranged for his admission, a ing provider, of services, or a hospital ized person may do this by signing the representative of an institution (other which has elected to claim payment for request for payment statement on the than the institution providing the serv­ emergency services, shall forward claims form designated by the Social Security ices) which had been furnishing him for payment under the hospital insur­ Administration (see § 405.1662) or any care, or a representative of a govern­ ance plan and the supplementary medi­ statement which evidences an intent to mental entity which had been providing cal insurance plan to its designated inter­ claim payment for authorized services. A him welfare assistance. mediary or carrier or to the Social participating provider of services, or the (d) Where the participating provider Security Administration, as appropriate. hospital which has elected to claim pay­ of services, or the hospital which has (b) Filing request for payment. A par­ ment for emergency services, shall have elected to claim payment for emergency ticipating provider of services, or a hos­ the individual or an authorized person services is unable to have a request for pital which has elected to claim payment sign the request for payment before the payment executed in accordance with for emergency services, shall file an in­ claim is submitted for payment (see paragraph (a), (b), or (c) of this sec­ dividual’s request for payment (see § 405.1667). tion, an official of the provider or hospi­ § 405.1663) with its intermediary or (a) In the case of inpatient hospital tal (e.g., a hospital administrator) may carrier or with the Social Security Ad­ services (see §§ 405.116 and 405.152) a execute a request for payment at the time ministration, as appropriate, prior to, or request for payment is not required for the claim is forwarded for payment (see in connection with, the forwarding of a the second or subsequent claim submit­ § 405.1667). The provider or hospital claim for payment for services furnished ted on behalf of such individual by the should not, except as provided in para­ to the individual; except that, the pro­ same participating provider of services graph (e) of this section, routinely sign vider or hospital that has entered into (or hospital claiming payment for emer­ the request for payment on behalf of any an arrangement to do so with its inter­ gency services) during the same contin­ individual. (See § 405.1665 for informa­ mediary or carrier or with the Social uous period of inpatient hospital tion regarding explanatory statement Security Administration may retain an services. required.) individual’s request for payment as part (b) In the case of home health serv­ (e) Where the individual does not visit of its files. ices (see §§ 405.131 and 405.236), a re­ the institution providing the services § 405.1672 Individual’s request for di­ quest for payment is not required for (e.g., in connection with an outpatient rect payment; general. the second or subsequent claim submit­ diagnostic blood test), the provider or ted on behalf of such individual by the hospital may execute the request for (a) Hospital insurance benefits. Pay­ same participating provider of services payment but the absence of the indi­ ment under the hospital insurance bene­ under the same home care plan (see vidual’s signature must be explained fits program, on the basis of an itemized §§ 405.131 and 405.236). (e.g., “Patient not physically present for bill, may be made to the entitled indi­ (c) In the case of post-hospital ex­ tests”) . vidual in accordance with section 142 of tended care services (see § 405.125), a (f) For good cause shown the Social the Social Security Amendments of 1967 request for payment is not required for Security Administration may accept a (Public Law 90-248) and § 405.156 (in the second or subsequent claims submit­ request for payment executed by a per­ amounts determined in accordance with ted on behalf of such individual by the son other than one described in para­ § 405.158) for a nonparticipating hospi­ same participating provider of services graph (a), (b), (c), (d), or (e) of this tal’s reasonable charges for covered in­ during the same continuous period of ex­ section. patient hospital services which are fur­ tended care services. nished by, or under arrangements made § 405.1665 Evidence of authority to exe- • by, such nonparticipatihg hospital. This § 405.1664 Persons authorized to re­ cute a request for payment. provision applies only with respect to quest paym ent. Where a person other than the indi­ admissions before 1968 where the non­ The Social Security Administration de­ vidual (see § 405.1664) executes a writ­ participating hospital is not entitled to termines who is a proper party to execute ten statement requesting payment to be receive payment for such services under a request for payment, as described in made to a participating provider of serv­ the hospital insurance benefits program § 405.1663, for services furnished to an ices or to a hospital claiming payment and where a claim for payment is made individual by a participating provider for emergency services on behalf of the before . Payment under of services, or a hospital which has individual, such person shall submit a the hospitaf insurance benefits program elected to claim payment for emergency brief statement (to be forwarded by the on the basis of an itemized bill, may also services, under the following rules: provider or hospital with the claim for be made to the entitled individual in (a) If the individual is mentally and payment except where the individual’s accordance with section 1814(d) of the physically capable, he shall execute the request is retained in accordance with Act, as amended by section 143 of the request for payment. the provisions of § 405.1667(b)) that: Social Security Amendments of 1967, (b) If it is impracticable for the indi­ (a) Describes the relationship of such and in accordance with § 405.157 (in vidual to execute a request for payment person to the individual; and amounts determined in accordance with because his physical or mental condi­ (b) Explains the circumstances that § 405.158) for a nonparticipating hos­ tion is such that he should not be asked make it impracticable for the individual pital’s reasonable charges for covered to transact business, the request for pay­ to execute a request for payment. emergency inpatient hospital services ment may be executed by one of the fol­ furnished with respect to admissions lowing, without any order of priority: § 405.1666 Signature by representative after 1967 and for covered emergency his legal guardian, a relative or other of the participating provider or outpatient hospital diagnostic services person receiving social security or other hospital. furnished after 1967 and before April 1, governmental benefits on behalf of the A claim form (see' § 405.1662) sub­ 1968, by, or under arrangements made by, individual, a relative or other person who mitted by a participating provider of such nonparticipating hospital where the arranged for his admission, a representa­ services or a hospital which has elected hospital has not elected to receive pay­ tive of an institution (other than the in­ to claim payment for emergency serv­ ment for such services under the hospital stitution providing the services) furnish­ ices, for the purpose of claiming pay­ insurance benefits program. Effective ing him care, or a representative of a gov­ ment under the hospital insurance with respect to services furnished on or ernmental entity providing him welfare' benefits program or the supplementary after April 1, 1968, outpatient hospital assistance. medical insurance benefits plan for cov­ diagnostic services are included as

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12277

“medical and other health services” un­ (2) The name and address of the in­ supplementary medical insurance benefit der the supplementary medical insurance dividual receiving the items or services; due for the services furnished. Any benefits plan (see section 1861 (s) (2) (C) (3) The place the items or services are amount nf the supplementary medical in­ of the Act) and not included as covered provided (home, office, independent lab­ surance benefit which, on this basis, is services under the hospital insurance oratory, hospital, etc.); not payable to the person or organization benefits program. (4) The date(s) the items or services submitting the assigned claim will be (b) Supplementary medical insurance were furnished; paid to the individual. benefits. Payment under the supplemen­ (5) An itemization of the items or Example 1: An assigned bill of $300 on tary medical insurance benefits plan (ex­ services sufficient to permit determina­ which partial payment of $100 has been paid cluding payment for services furnished tion of the reasonable charge (if the bill is submitted to the carrier. The carrier is for ambulance service, it must show determines that $300 is the reasonable by, or under arrangements made by, a charge for the services furnished, and participating provider of services or a the pickup and delivery points); $25 of the supplementary medical insurance hospital which has elected to claim (6) The charges for each service or benefits deductible (see § 405.245) has payment for emergency services—see item supplied. previously been met. Total payment due is § 405.1660), on the basis of reasonable (b) In lieu of submitting an itemized 80 percent of $275 ($300 minus the remain­ charges, may be made to the entitled bill as described in paragraph (a) of this ing $25 of the deductible), or $220. Of this individual for covered “medical and other section, the individual may, with respect amount, $200 will be paid to the person or health services” discussed in § 405.231, to a claim for payment under the supple­ organization that furnished the services mentary medical insurance benefits plan, (the difference between the $100 partial pay­ and for services which would constitute ment which the person or organization has emergency outpatient services, if pay­ have the person or organization provid­ already received, and the $300 amount of the ment cannot be made under the provi­ ing the covered items or services, com­ reasonable charge^). The $20 will be paid to sions of § 405.249 solely because the non­ plete the “Report of Services” portion the enrolled individual. participating hospital furnishing such of the appropriate claim form (using Example 2: An assigned bill of $325 on services has not elected to claim such a separate form for each such person which partial payment of $250 has been paid payment. or organization) in accordance with such is submitted to the carrier. The carrier instructions as are prescribed by the determines that $250 is the reasonable (c) Payment on the basis of an item­ charge for the services furnished, and no ized bill. Payment due on the basis of an Social Security Administration. part of the supplementary medical insurance itemized bill for items and services de­ § 405.1675 Assignment of right to re­ benefits deductible has been previously met. scribed in paragraph (a) or (b) of this ceive payment under the supplemen­ Total payment due is 80 percent of $200 ($250 section may be made to the entitled in­ tary medical insurance benefits plan. reasonable charge minus the $50 deductible), dividual after he (or his authorized rep­ or $160. The $160 is payable to the enrolled resentative) submits a claim (see § 405.- (a) (1) When an individual is fur­ individual since any payment to the person nished covered medical or other health or organization when added to the amount 1678) and evidence adequately describ­ services for which he may receive direct of the partial payment, will exceed the rea­ ing the services (see § 405.1674). (For sonable charge for the services furnished. assignment of the right to supplementary payment on the basis of reasonable medical insurance benefits payment, see charges (see § 405.1672(b)), excluding (b) A separate claim is required for § 405.1675; for payment to organizations payment for services which would con­ each person or organization accepting an stitute emergency outpatient services, assignment unless physicians’ services are that pay bills on behalf of enrollees, see he may assign the right to receive the § 405.1685.) billed in accordance with the provisions supplementary medical insurance bene­ of § 405.1680. (d) Payment to legal representative. fit payment for such services to the per­ Pursuant to section 1872 of the Act, when son or organization that furnished the § 405.1678 Direct payment or assign­ it appears that the interest of an en­ ment of payment; prescribed form. titled individual may be served thereby, services if such person or organization payment under paragraphs (a), (b), and agrees to the assignment. The claim for Before payment may be made for (c) of this section may be made on behalf such payment should be completed in services described in §§ 405.1672 and of the entitled individual to his legal accordance with the instructions pre­ 405.1675, a claim for such payment shall guardian, committee, or other legal rep­ scribed by the Social Security Adminis­ be filed on a form prescribed by the So­ resentative, or to the representative payee tration (see § 405.1678). In accepting an cial Security Administration and in ac­ of such individual selected under the“ assignment, such person or organization cordance with the instructions as are provisions of §§ 404.1601-404.1610 of agrees that the reasonable charge, as prescribed by the Administration (see Part 404 of this chapter. determined by the carrier or the Social § 422.510 of Part 422 of this chapter). Security Administration, as appropriate, With respect to the time limitation for § 405.1674 Individual’s request for di­ shall be the full charge and such person claiming payment, see § 405.1692. ' rect payment; evidence describing or organization shall not charge the in­ services. dividual any amount in excess of the § 405.1679 Execution of claim for pay­ m ent. Before payment may be made to an applicable unmet deductible (see §§ 405.- individual under the hospital insurance 245 and 405.246) applied to the reason­ A claim as described in § 405.1678 for benefits program or the supplementary able charge and 20 percent of the re­ payment on the basis of an itemized medical insurance benefits plan for cov­ maining reasonable charge. Where, bill or art assignment shall be executed ered items and services furnished him however, a physician has executed a by the individual receiving the services (see § 405.1672 (a) or (b)), the individ­ written authorization enabling a qualified or by a proper party on his behalf under ual (or his authorized representative (see person or organization (such as a the following rules: § 405.1679)) shall, in addition to filing a hospital where he furnished his services) (a) If the individual is mentally and claim form as described in § 405.1678, to accept assignment and receive pay­ physically capable of executing the meet the requirements of either para­ ment on his behalf, payment under the statement, he shall execute the claim. graph (a) or (b) of this section. supplementary medical insurance bene­ (b) If it is impracticable for the in­ (a) The individual must submit an fits plan is made to such person or dividual to execute a claim because his itemized bill substantially in accordance organization (see § 405.1680). physical or mental condition is such that with the following: (2) The enrolled individual may assignhe should not be asked to transact busi­ (1) The name and address of the per­a claim for supplementary medical in­ ness, the claim may be executed by one son or organization furnishing the cov­ surance benefits even though he has paid of the following, without any order of ered items or services (if provided in an part of the bill to the person or orga­ priority; his legal guardian, a relative independent laboratory, its name and nization furnishing the services. In such or a person receiving social security or address must be shown—if the items or cases, the person or organization sub­ other governmental benefits on behalf services are not furnished by a physician, mitting the assigned claim will be paid of the individual; the person who ar­ the name and address of the physician whichever of the following is less: (i) prescribed the items or services must reasonable charge minus the amount of ranged for his treatment; a representa­ be shown); the bill already paid; or (ii) the full tive of an institution furnishing him

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12278 RULES AND REGULATIONS care; or a representative of a govern­ physician is a member of the faculty of in which the deceased individual died, mental entity providing him welfare such school. entitled to monthly social security or assistance. § 405.1683 Payment on the basis of a railroad retirement benefits on the basis (c) If the individual is deceased, the paid bill; individual dies before re­ of the same wages and self-employment claim for payment may be executed by ceiving direct payment. income as the deceased individual; a person filing under the provisions of (v) To the person or persons, if any, § 405.1683 or § 405.1684. (a) Persons to whom payment can bedetermined by the Administration to be (d) For good cause shown, the Social made. If an individual who received the child or children of the deceased in­ Security Administration may authorize a covered services for which he may re­ dividual who were not entitled to monthly person other than one described in para­ ceive direct payment (see § 405.1672 (a) social security or railroad retirement graph (a) or (b) of this section to ex­ and (b)) dies before any payment due benefits on the basis of the same wages ecute a claim for payment. him under title XVIII of the Act and this and self-employment incom§ as was the Part 405 has been completed, and such deceased individual (and, in case there § 405.1680 Payment pursuant to physi­ service^ have been paid for, payment of cian’s authorization to accept assign­ is more than one child, in equal parts the amount due (including the amount to each such child); ment and receive payment on his of any unnegotiated check(s) issued for behalf. (vi) To the parent or parents, if any, purposes of making direct payment to of the deceased individual who were not (a) Payment due under an assignment the individual) shall, subject to the pro­ entitled to monthly social security or of the right to receive payment (see visions of paragraph (b) of this section, railroad retirement benefits on the basis § 405.1675) for covered physician serv­ be made as follows; of the same wages and self-employment ices furnished under the supplementary (1) If the services were paid for (be­ income as was the deceased individual medical insurance program on the basis fore or after such individual’s death) by (and, in case there is more than one of reasonable charges may be made on a person other than the deceased in­ such parent, in equal parts to each such behalf of a physician to an organization dividual, payment will be made to the or institution, if: person or persons who, without a legal parent). (1) The organization or institution has obligation to do so, paid for such serv­ (3) If the services were paid for by on file and in effect such physician’s ices. (If such person is himself deceased, someone other than the deceased indi­ written authorization, enabling the or­ see subparagraph (2) of this paragraph vidual and that person died before the ganization or institution or a duly au­ (a).) If the services were paid for by payment to him was completed, payment thorized representative of such orga­ the deceased individual before his death will not be made to such person’s estate. nization or institution (e.g., a hospital or from funds of his estate, payment will Nor does the right to payment pass administrator or medical clinic repre­ be made to the legal representative of the directly to the legal representative of the sentative) , (i) to accept on his behalf estate (including a representative under deceased individual’s estate. In such a any assignment made by any individual a small estate statute) of such deceased case, payment will be made to a surviv­ who receives medical treatment from individual. ing relative of the deceased individual him of the amount payable to such in­ (2) If the deceased individual or his in accordance with the priorities in sub- dividual under Part B of title XVIII of estate paid for the services and no legal paragraph (2) of this paragraph (a). If the Social Security Act and (ii) to re­ representative of the estate has been none of such relatives survive, payment ceive, subject to the provisions of § 405.- appointed or, if the person(s) who paid will then be made to the legal representa­ for the services is other than the deceased tive, if any, of the deceased individual’s 1675(a), any payment which could be estate. made to him pursuant to such assign­ individual and is himself deceased, pay­ ment; ment will be made in the following order (b) Claiming, payment. Payment due (2) The organization or institution of priority: under paragraph (a) of this section shall establishes to the satisfaction of the (i) To the person, if any, who is found be made to the person(s) qualified to Administration, the Part A intermediary, by the Administration to be the sur­ receive such payment provided the con­ viving spouse of the deceased individual, ditions in subparagraphs (1) and (2) of or the Part B carrier (as appropriate) this paragraph (b) are met. that it is qualified to receive such pay­ if such spouse was either living in the ment; and same household with the deceased at the (!) Such person submits a signed and (3) The organization agrees to submit time of his death, or was, for the month properly completed request for payment such information as the Administration, in which the deceased individual died, (see § 405.1678) and evidence (i) that the Part A intermediary, or the Part B entitled to monthly social security or the services have been paid for and (ii) carrier (as appropriate) may require in railroad retirehient benefits on the basis as to who paid for such services. If a order to apply the requirements for pay­ of the same wages and self-employment claim form was submitted by the de­ ment of supplementary medical insur­ income as the deceased individual; ceased individual prior to his death, the ance benefits. (ii) To the child or children, if any, of claimant need not submit another claim the deceased individual who were, for the form; in such a situation, any written (b) For purposes of this section, the month in which the deceased individual request for the payment will suffice. Evi­ types of organizations and institutions died, entitled to monthly social security dence of payment may consist of: qualified to receive such payment in­ or railroad retirement benefits on the (a) A receipted bill (or a properly clude, but are not limited to, the fol­ basis of the same wages and self-em­ completed “Report of Services” portion lowing: ployment income as was the deceased in­ of a claim form (see § 405.1674)) show­ (1) A hospital, extended care facility, dividual (and, in case there is more than ing who paid the bill; or home health agency (whether or not one such child, in equal parts to each (t>) A canceled check; such institution or agency is qualified to such child); (c) A written statement from the enter into an agreement, pursuant to (iii) To the parent or parents, if any, physician or authorized member of his § 1866 of the Act, to participate in the of the deceased individual who were, for staff; or health insurance program), for services the month in which the deceased in­ (d) Other probative evidence. for which the physician is paid salary dividual died, entitled to monthly social (2) There is evidence that the items or other non-fee-for-service remunera­ or services were rendered. tion by the agency or institution; security or railroad retirement benefits on the basis of the same wages and self- § 405.1684 Payment on the basis of an (2) An organized medical clinic, for employment income as was the deceased unpaid bill; individual dies‘'before services performed by the physician as individual (and, in case there is more receiving direct payment or assigning an employee, partner, or as proprietor than one such parent, in equal parts to of the clinic; paym ent. each such parent); If an individual, who received covered (3) A hospital, for services of an at­ (iv) To the person, if any, determined medical and other health services for tending physician in a teaching setting by the Administration to be the surviv­ in such hospital; ing spouse of the deceased individual which he may either receive direct pay­ (4) A medical, osteopathic, or dental who was neither living in the same house­ ment (see § 405.1672(b)) or assign the school, for services of an attending hold with the deceased individual at the right to receive payment (see § 405.1675), physician in a teaching setting, if the time of his death nor was, for the month dies before receiving such direct payment

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25,’ 1969 RULES AND REGULATIONS 12279 and (a) no assignment of the right to receive payment for supplementary med­ timely even though a prescribed claim payment was made by such individual ical insurance benefits include, but are form or additional required information before his death, and (b) payment for not limited to, employer, union, is supplied or obtained after such time such services has not been made, pay­ employer-employee, or other organiza­ limitation. ment for such services shall be made to tions which: the physician or other person who pro­ (a) Pay physicians’ bills for employ­ § 405.1694 Extension of time limitation. vided such services. However, payment ees (active and retired) or their depend­ Notwithstanding the provisions of shall be made only in such amount and ents, either directly or utilizing the serv­ § 405.1692, where the last day of the time subject to such conditions as would have ices of an insurer (an insurer that limitation falls on a nonworkday (Sat­ been applicable (under title XVIII of the provides complementary insurance pro­ urday, Sunday, legal holiday, or a day Act and this Part 405) if the individual tection and pays bills for such an orga­ all or part of which is declared to be a who received the services had not died, nization may act on behalf of the orga­ nonworkday for Federal employees by and only if the person or persons who nization to claim and receive payment statute or Executive order) a claim for furnished the services files a claim for for supplementary medical insurance payment will be considered filed timely such payment (see § 405.1678) and agrees benefits under the conditions discussed if deposited in the U.S. postal system or that the reasonable charge shall be the in § 405.1680 with respect to such em­ received by . the Social Security Admin­ full charge for such services. The physi­ ployees and their dependents); or istration, a carrier, or an intermediary cian or other person shall, upon the re­ (b) Administer group practice pre­ on the first workday thereafter. quest of the Social Security Administra­ payment plans with respect to medical [F.R. Doc. 69-8754; Filed, July 24, 1969; tion or the carrier, furnish corrob­ bills for services which are provided to 8:50 a.m.] orating evidence of rendition of the serv­ members by other than plan physicians ices for which reimbursement is being or by physicians with whom arrange­ claimed. ments have not been made under the Title 21— FOOD AND DRUGS § 405.1685 Payment to organizations plan for providing services (e.g., emer­ that pay bills on behalf of enrollees. gency physician services to a member Chapter I— Food and Drug Adminis­ when he is outside the service area of the tration, Department of Health, Ed­ (a) Notwithstanding the provisions plan). set forth in §§ 405.1672 and 405.1675, ucation, and Welfare § 405.1692 Time limitation for claiming payment may be made- to an organiza­ SUBCHAPTER B— FOOD AND FOOD PRODUCTS tion to reimburse it for its payment for paym ent. services covered by the supplementary Effective with respect to claims sub­ PART 19— CHEESES, PROCESSED medical insurance program furnished an mitted after April 1, 1968, a claim for CHEESES, CHEESE FOODS, CHEESE enrollee (excluding services furnished payment under the supplementary med­ SPREADS, AND RELATED FOODS by, or under arrangements made by, a ical insurance benefits plan submitted participating provider of services or a by, or on behalf of, any person (s) for the Provolone Cheese; Confirmation of hospital which has elected to claim pay­ purpose of claiming payment, on a rea­ Effective Date of Order Amending ment for emergency services (see § 405.- sonable charge basis, for covered items Standard 1660)), if: and services furnished an individual en­ (1) The organization has paid in full titled under such plan, must be filed with In the matter of amending the defini­ the amount of the charges for the serv­ the Social Security Administration, a tion and standard of identity for pro­ ices for which payment is being claimed carrier, or an intermediary on or before volone cheese, pasta filata cheese (21 (see § 405.1678) ; of the calendar year fol­ CFR 19.590) to permit the use of liquid (2) The organization has the enrollee’s lowing the calendar year in which such smoke product as an optional ingredient: (or his authorized representative’s) items and services were furnished. How­ Pursuant to the provisions of the Fed­ written authorization to receive reim­ ever, the time limitation on filing claims eral Food, Drug, and Cosmetic Act (secs. bursement on the basis of bills paid in for such items and services furnished 401, 701, 52 Stat. 1046, 1055, as amended full on his behalf by the organization in the last 3 months of a calendar year 70 Stat. 919, 72 Stat. 948; 21 U.S.C. for such services; (i.e., October through December), is 341, 371) and under authority delegated (3) The organization relieves the en­ December 31 of the second calendar year to the Commissioner of Food and Drugs rollee of liability for payment for the following the year in which the items (21 CFR 2.120), notice is given that no services specified in the claim, and will and services were furnished. objections were filed to the order in the not seek any reimbursement from him Example: An individual received surgery above-identified matter published in the or his survivors or estate for such serv­ in . He (or the physician per­ F ederal R egister of January 8, 1969 (34 ices, if payment for such services is made forming the surgery, if the right to claim F.R. 251). Accordingly, the amendments to the organization on the claim; payment has been assigned), must file a promulgated by that order became ef­ claim for payment for such services on or fective , 1969. (4) The organization establishes to the before December 31, 1969. If the surgery had satisfaction of the Social Security Ad­ been performed in , the claim Dated: July 15, 1969. ministration or Part B carrier that it must be filed on or before December 31, 1970. meets the requirements of § 405.1686; R. E. D uggan, and § 405.1693 Definition of claim for pur­ Acting Associate Commissioner poses of time limitation. (5) The organization submits such for Compliance. other information as the Social Security For purposes of § 405.1692, a claim is [F.R. Doc. 69-8706; Filed, July 24, 1969; Administration or the Part B carrier, any writing submitted by, or on behalf 8:46 a.m.] may request in order to apply the re­ of, any person (s) which indicates the quirements for payment for such person’s intent to claim payment under SUBCHAPTER C— DRUGS the supplementary medical insurance services. PART 147— ANTIBIOTICS INTENDED (b) An organization is not required to benefits plan in connection with speci­ pay and claim reimbursement for all bills fied covered services furnished to an FOR USE IN THE LABORATORY DI­ identified individual. It is not necessary AGNOSIS OF DISEASE for services furnished an enrollee under that such writing be on a form pre­ the supplementary medical insurance Doxycycline Hyclate Diagnostic program. The organization may estab­ scribed by the Social Security Admin­ lish criteria for determining at its dis­ istration, that the services be itemized, Sensitivity Powder cretion what bills it will pay on the or that the information be complete (e.g., Pursuant to the provisions of the Fed­ enrollee’s behalf. a claim could be filed by a note from the eral Food, Drug, and Cosmetic Act (sec. individual’s spouse, a physician’s bill, or 567, 59 Stat. 463, as amended; 21 U.S.C. § 405.1686 ^.Organizations qualified to an incomplete prescribed claim form). If receive payment on behalf of en­ a claim, as defined herein, is mailed or 357) and under authority delegated to rollee. the Commissioner (21 CFR 2.120), the delivered to the Administration, a car­ following new section is added to Part For the purpose of § 405.1685, the types rier, or an intermediary within the ap­ 147 to provide for certification of the of organizations which can qualify to plicable time limitation, the claim is filed subject powder:

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12280 RULES AND REGULATIONS

§ 147.7 Doxycycline hyclale diagnostic (2) For sterility testing: 20 immedi­notice of intention to amend § 221.63 of sensitivity powder. ate containers, collected at regular Title 25, Code of Federal Regulations, (a) Requirements for certification— intervals throughout each filling opera­ dealing with the operation and mainte­ (1) Standards of identity, strength, tion. nance assessments against the irrigable quality, and purity. Doxycycline hyclate (5) Fees. $1 for each container inlands of the San Carlos Irrigation diagnostic sensitivity powder is crys­ the sample submitted in accordance with Project, Ariz. The purpose of the amend­ talline doxycycline hyclate, with or subparagraph (4) (ii) (b)(1) of this ment is to establish the assessment rate without one or more suitable buffers paragraph; $4 for each package in the for the joint works in the San Carlos and diluents, packaged in vials and sample submitted in accordance with Indian Irrigation Project, Ariz. intended for use in clinical labora­ subparagraph (4) (ii) (a) of this para­ Interested persons were given 30 days tories for determining in vitro the graph; $12 for all containers in the within which to submit written com­ sensitivity of micro-organisms to sample submitted in accordance with ments, suggestions, or objections with doxycycline. Each vial contains doxy­ subparagraph (4) (ii) (b) (2) of this respect to the proposed .amendments. cycline hyclate equivalent to 20 milli­ paragraph, and $24 for all containers in No comments, suggestions, or objections grams of doxycycline. The potency of the sample submitted for any repeat have been received, and the proposed each immediate container is satisfactory sterility test, if necessary, in accordance amendments are hereby adopted with­ if it contains not less than 90 percent with § 141.2(f) of this chapter. out change as set forth below. and not more than 115 percent of its (b) Tests and methods of assay—(1) Section 221.63 is 'amended to read as labeled content. It is sterile. Its moisture Potency. Proceed as directed in § 141.111 follows: content is not more than 4 percent. of this chapter, preparing the sample for §221.63 Assessments, joint works. When reconstituted as directed in the assay as follows: Reconstitute as directed labeling, its pH is not less than 2.0 and in the labeling. Transfer a 10-milliliter (a) Pursuant to the Act of Congress not more than 3.5. The doxycycline hy­ aliquot to a 100-milliliter volumetric approved June 7, 1924 (43 Stat. 476), and clate used conforms to the standards flask and dilute to volume with 0.1 N supplementary acts, the repayment con­ prescribed by § 148z.l(a) (1) (i), (iii), hydrochloric acid. Further dilute an tract of June 8, 1931, as amended, be­ (iv) , (v), and (vi) of this chapter. Each aliquot of this solution with O.llif potas­ tween the United States and the San other substance used, if its name is rec­ sium phosphate buffer, pH 4.5 (solution Carlos Irrigation and Drainage District, ognized in the U.S.P. or N.F., conforms 4), to the reference concentration of 0.1 and in accordance with applicable pro­ to the standards prescribed therefor by microgram of doxycycline per milliliter. visions of the order of the Secretary of such official compendium. (2) Sterility. Proceed as directed in the Interior of June 15,1938 (§§ 221.69a- (2) Packaging. The immediate con­ § 141.2 of this chapter, using the method 221.69m), the cost of the operation and tainer shall be of colorless, transparent described in paragraph (e)(1) of that maintenance of the Joint Works of the glass and it shall be a tight container section. San Carlos Indian Irrigation Project for as defined by the U.S.P. It shall be so (3) Moisture. Proceed as directed in the fiscal year 1971 is estimated to be sealed that the contents cannot be used § 141.502 of this chapter. $230,000 and the rate of assessment for without destroying such seal. It shall be (4) pH. Proceed as directed in § 141.- the said fiscal year and subsequent fiscal of appropriate size to permit the addition 503 of this chapter, using the drug re­ years until further order, is hereby fixed of 20 milliliters of sterile diluent when constituted as directed in the labeling. at $2.30 for each acre of land. preparing a stock solution for use in Data supplied by the manufacturer W. Wade H ead, making further dilutions for microbial concerning the subject diagnostic sensi­ Area Director. susceptibility testing. tivity powder have been evaluated. Since [F.R. Doc. 69-8760; Filed, July 24, 1969; (3) Labeling. In addition to the re­ the conditions prerequisite to providing 8:50 a.m.J quirements of § 148.3(a) (3) of this chap­ for certification have been complied with ter, each package shall bear on its label and since it is in the public interest not or labeling, as hereinafter indicated, the to delay in so providing, notice and following: public procedure and delayed effective Title 28— JUDICIAL (i) On its outside wrapper or container date are not prerequisites to this and on the immediate container: promulgation. ADMINISTRATION (a) The statement “For laboratory diagnostic use only.” Effective date. This order shall be ef­ Chapter I— Department of Justice (b) The statement “Sterile.” fective upon publication in the F ederal [Order No. 420-69] (c) The batch mark. R egister. part 42 — NONDISCRIMINATION; (d) The number of milligrams of doxy­ (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. cycline in each immediate container. 357) EQUAL EMPLOYMENT OPPORTU­ (ii) On the circular or other labeling NITY; POLICY AND PROCEDURES within or attached to the package, ade­ Dated: July 16,1969. Subpart A— Equal Employment Op­ quate information for use of the drug H erbert L. Ley, Jr., in the clinical laboratory. Commissioner of Food and Drugs. portunity Within the Department (4) Requests for certification; sam­ [F.R. Doc. 69-8705; Filed, July 24, 1969; of Justice ples. In addition to complying with the 8:46 a.m.] Establishing the equal employment requirements of § 146.2 of this chapter, opportunity policy for the Department each such request shall contain: of Justice and designating the Director (i) Results of tests and assays on: of Equal Employment Opportunity and (a) The doxycycline hyclate used in Title 25— INDIANS the Complaint Adjudication Officer. making the batch for potency, moisture, By virtue of the authority vested in pH, doxycycline content, identity, and Chapter I— Bureau of Indian Affairs, me by sections 509 and 510 of title 28 crystallinity. Department of the Interior and section 301 of title 5 of the United (b) The batch for potency, sterility, States Code, and Executive Order No. moisture, and pH. SUBCHAPTER T— OPERATION AND (ii) Samples required: MAINTENANCE 11246 of September 24, 1965, as amended (a) The doxycycline hyclate used PART 221— OPERATION AND by Executive Order No. 11375 of Octo­ in making the batch: 10 packages, MAINTENANCE CHARGES ber 13, 1967, and in conformity with the each containing approximately 300 regulations of the Civil Service Commis­ milligrams. San Carlos Indian Irrigation Project, sion issued pursuant thereto (5 CFR (b) The batch: Ariz. Part 713), Subpart A of Part 42 of Title (1) For all tests except sterility: A On page 9620 of the F ederal R egister 28 of the Code of Federal Regulations minimum of 20 immediate containers. of June 19, 1969, there was published a is hereby revised to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12281

Subpart A— Equal Employment Opportunity (ii) This classification is defined as Within the Department of Justice Title 29— LABOR the manufacture of sporting and ath­ Sec. letic goods other than baseballs and 42.1 Policy. Chapter V— Wage and Hour Divi­ softballs. 42.2 Designation of Director of Equal Em­ sion, Department of Labor ployment Opportunity and Com­ (4) General classification, (i) The plaint Adjudication Officer. PART 602— LEATHER, LEATHER minimum wage for this classification is $1.225. Authority : The provisions of this Sub part GOODS, AND RELATED PRODUCTS (ii) This classification is defined as A issued under 5 U.S.C. 301, 28 U.S.C. 509, INDUSTRY IN PUERTO RICO 510. E.O. 11246, 3 CFR, 1964-1965 Comp., the manufacture of all products and ac­ E.O. 11375, 3 CFR, 1967 Comp. Wage Order tivities not included in any other pre- 1961 coverage classification in the - § 42.1 Policy. Pursuant to sections 5, 6, and 8 of the industry. In conformity with the policy expressed Pair Labor Standards Act of 1938 (52 (b) 1961 Coverage classification. (1) in Executive Order No. 11246 of Septem­ Stat. 1062, 1064, as amended; 29 U.S.C. The minimum wage for this classifica­ ber 24, 1965, as amended by Executive 205, 206, 208) and Reorganization Plan tion is $1.225 an hour. Order No. 11375 of October 13, 1967, I No. 6 of 1950 (3 CFR 1949-53 Comp., (2) This classification is defined as hereby declare it to be the policy of the p. 1004), and by means of Administrative all activities in the industry which were Department of Justice to prohibit dis­ Order No. 606 (34 F.R. 5434), the Secre­ brought within the purview of section 6 crimination in employment because of tary of Labor appointed and convened of the Fair Labor Standards Act solely race, color, religion, sex, or national Industry Committee No. 85-C for the by reason of the Fair Labor Standards origin' and to provide equal employment leather, leather goods and related prod­ Amendments of 1961. opportunity in each organizational ele­ ucts industry in Puerto Rico, referred * * * * * ment of the Department. Management to the Committee the question of the (Secs. 5, 6, 8, 52 Stat. 1062, 1064, as amended; will seek out and eliminate any person­ minimum wage rate or rates to be paid 29 U.S.C. 205, 206, 208) nel management policy, procedure or under section 6(c) of the Act to em­ practice which denies equality of oppor­ ployees in the industry, and gave notice Signed at Washington, D.C., this 16th tunity to any group or individual on the of a hearing to be held by the day of July 1969. Committee. R obert D. Moran, basis of race, color, religion, sex, or na­ Subsequent to an investigation and a tional origin, and will take appropriate Administrator, Wage and Hour hearing conducted pursuant to the and Public Contracts Divi­ action to more fully utilize the abilities notice, the Committee has filed with the sions, Department of Labor. of all employees. Administrator of the Wage and Hour and Public Contracts Divisions of the [F.R. Doc. 69-8723; Filed, July 24, 1969; § 42.2 Designation of Director of Equal Department of Labor a report contain­ 8:48 a.m.] Employment Opportunity and Com­ plaint Adjudication Officer. ing its findings of fact and recommenda­ tion with respect to the matters referred PART 603— FABRIC AND LEATHER (a) In compliance with the regulations to it. GLOVE INDUSTRY IN PUERTO RICO of the Civil Service Commission (5 CFR Accordingly, as authorized and re­ Part 713), the Assistant Attorney Gen­ quired by section 8 of the Fair Labor Wage Order Standards Act of 1938, Reorganization eral for Administration is hereby desig­ Plan No. 6 of 1950, and 29 CFR 511.18, Pursuant to sections 5, 6, and 8 of the nated as Director of Equal Employment the recommendations of Industry Com­ Fair Labor Standards Act of 1938 (52 Opportunity for the Department of Jus­ mittee No. 83-C are hereby published, to Stat. 1062, 1064, as amended; 29 U.S.C. tice with responsibilities for administra­ be effective , 1969, in this order 205, 206, 208) and Reorganization Plan amending § 602.2 of Title 29, Code of No. 6 of 1950 (3 CFR 1949-53 Comp., tion of the Equal Employment Opportu­ p. 1004), and by means of Administra­ nity Program within the Department. Federal Regulations. As amended, § 602.2 reads as follows: tive Order No. 606 (34 F.R. 5434), the The Director of Equal Employment Op­ Secretary of Labor appointed and con­ portunity shall publish and implement § 602.2 Wage rales. vened Industry Committee No. 83-A for the Department of Justice regulations, * * * ~ * * the fabric and leather glove industry in which shall include a positive action pro­ (a) Pre-196P coverage classifications.Puerto Rico, referred to the Committee gram to eliminate causes of discrimina­ The classifications in this paragraph (a) the question of the minimum wage rate apply to all activities of employees in or rates to be paid under section 6(c) of tion and shall include procedures for the industry to which section 6 of the the Act to employees in the industry, processing complaints of discrimination Fair Labor Standards Act would have and gave notice of a hearing to be held by within the Department. applied prior to the Fair Labor Stand­ the Committee. (b) The Assistant Attorney General in ards Amendments of 1961. Subsequent to an investigation and a charge of the Civil Rights Division shall (1) Belt classification, (i) The mini­ hearing conducted pursuant to the no­ appoint a Complaint Adjudication Offi­ mum wage for this classification is $1.55 tice, the Committee has filed with the an hour. Administrator of the Wage and Hour cer, who shall render decisions for the (ii) This classification is defined as and Public Contracts Divisions of the Department of Justice on complaints the manufacture of apparel belts made Department of Labor a report contain­ from employees and applicants for em­ of leather, artificial leather, plastics, ing its findings of fact and recommenda­ ployment within the Department which paper or paperboard, or similar mate­ tion with respect to the matters referred allege discrimination because of race, rials (except fabric). to it. Accordingly, as authorized and re­ color, religion, sex, or national origin. (2) Baseball and softball classifica­ quired by section 8 of the Fair Labor Order Nos. 358-66 of April 19, 1966, tion. (i) The minimum wage for this classification is $1.25 an hour. Standards Act of 1938, Reorganization and 366-66 of July 26, 1966, are hereby (ii) This classification is defined as Plan No. 6 of 1950, and 29 CFR 511.18, superseded. the manufacture of baseballs and soft- the recommendations of Industry Com­ Dated: July 17, 1969. balls covered with leather, artificial mittee No. 83-A are hereby published, leather, fabric, plastics, or similar J ohn N. Mitchell, materials. to be effective August 9, 1969, in this or­ Attorney General. (3) Sporting and athletic goods clas­ der amending § 603.2 of Title 29, Code of [F.R. Doc. 69-8720; Filed, July 24, 1969; sification. (i) The minimum wage for Federal Regulations. As amended, § 603.2 8:47 à.m.] this classification is $1.30 an hour. reads as follows:

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 No. 141---- -5 12282 RULES AND REGULATIONS

§ 605.2 Wage rates. tion with respect to the matters referred Amendment 178-3. As stated in item 16 * * * * * to it. of the preamble, it was intended to pro­ (a) Pre-1961 coverage classifications. Accordingly, as authorized and re­ vide for rephosphorized steels by addition The classifications in this paragraph (a) quired by section 8 of the Fair Labor of a new .footnote 6 to Table I of Ap­ apply to all activities of employees in the Standards Act of 1938, Reorganization pendix A to Part 178. This provision fabric and leather glove industry in Plan No. 6 of 1950, and 29 CFR 511.18, was unintentionally omitted when the Puerto Rico to which section 6 of the Pair the recommendations of Industry Com­ amendment was published. The addition Labor Standards Act would have applied mittee No. 83-B are hereby published, to of a phosphorus limit of 0.045 for grade prior to the Fair Labor Standards be effective August 9, 1969, in this order 3 steel without the footnote authoriza­ Amendments of 1961. amending § 687.2 of Title 29, Code of tion had the effect of excluding the use (1) Hand-sewing on fabric gloves clas­ Federal Regulations. As amended, § 687.2 of rephosphorized steel. This change was sification. (i) The minimum wage for reads as follows: not intended. this classification is 47 cents an hour. In consideration of the foregoing, § 687.2 Wage rales. Amendments 174-3, 177-5, and 178-3 are * * * * * * * * * * hereby corrected as set forth below. (2) Hand-sewing on leather gloves (a) Pre-1966 coverage classifications. classification, (i) The minimum wage The classifications in this paragraph (a) PART 174— CARRIERS BY RAIL for this classification is 76 cents an hour. apply to all activities of employees in the FREIGHT * * * * * hosiery industry in Puerto Rico to which I. In Amendment 174-3, the amend­ (3) Other operations classification. section 6 of the Fair Labor Standards ment to § 174.538 item IV (A) is cor­ (i) The minimum wage for this classifi­ Act would have applied prior to the Fair rected to read as follows: cation is $1.45 an hour. Labor Standards Amendments of 1966. (A) In § 174.538(a) the Chart 'is (ii) This classification is defined as (1) Women’s hosiery classification, (i) amended by adding the following new all operations except those included in The minimum wage for this classification footnote f and adding a footnote “f” the hand-sewing on fabric gloves classi­ is $1.25 an hour. reference at the intersection of verti­ fication and hand-sewing on leather * * * ♦ * cal column 15 with horizontal columns, gloves classification. - (2) All other hosiery classification, (i) a, b, c, d, e, f, and g, respectively, and (b) 1961 coverage classification. (1) The minimum wage for this classification at the intersection of horizontal column The minimum wage for this classifica­ is $1.20 an hour. 15 with vertical columns a, b, c, d, e, f, tion is $1.45 an hour. * * * * * and g, respectively. (2) This classification is defined as all activities which were brought within the (b) [Revoked] § 174.538 Loading and storage chart of ***** explosives and other dangerous purview of section 6 of the Pair Labor articles. Standards Act solely by reason of the (Secs. 5, 6, 8, 52 Stat. 1062, 1064, as amended; Fair Labor Standards Amendments of 29 U.S.C. 205, 206, 208) (a) * * * 1961. Signed at Washington, D.C., this 16th 1 Normal uranium, depleted uranium, and * * * * * thorium metal in solid form may also be day of July 1969. loaded and transported with articles named (Secs. 5, 6, 8, 52 Stat. 1062, 1064, as amended; R obert D. Moran, in vertical and horizontal columns a, b, c, d, 29 U.S.C. 205, 206, 208) Administrator, Wage and Hour e, f, and g. Signed at Washington, D.C., this 16th and Public Contracts Divi­ * * / « * day of July 1969. sions, Department of Labor. R obert D. Moran, [F.R. Doc. 69-8722; Filed, July 24, 1969; PART 177— SHIPMENTS MADE BY Administrator, Wage and Hour 8:48 a.m.] and Public Contracts Divi­ WAY OF COMMON, CONTRACT, sions, Department of Labor. OR PRIVATE CARRIERS BY PUBLIC [F.R. Doc. 69-8721; Filed, July 24, 1969; HIGHWAY 8:47 ajn.] Title 49— TRANSPORTATION II. In Amendment 177-5 the amend­ Chapter I— Hazardous Materials Reg­ ment to § 177.848(a) item V (A) is cor­ ulations Board, Department of rected to read as follows: PART 687— HOSIERY INDUSTRY IN (A) In § 177.848(a) the chart is PUERTO RICO Transportation amended by adding the following new [Docket No. HM-3; Arndt. Nos. 174-3, Wage Order footnote f and adding a footnote “f” 177-5, 178-3] reference at the intersection of vertical Pursuant to sections 5, 6, and 8 of the MISCELLANEOUS AMENDMENTS TO column 15 with horizontal columns, a, b, Pair Labor Standards Act of 1938 (52 c, d, e, f, and g, respectively, and at the Stat. 1062, 1064, as amended; 29 U.S.C. CHAPTER; CORRECTION intersection of horizontal column 15 with 205, 206, 208) and Reorganization Plan On , 1969, the Hazardous Mate­ vertical columns, a, b, c, d, e, f, and g, No. 6 of 1950 (3 CFR 1949-53 Comp., p. rials Regulations Board published several respectively. 1004), and by means of Administrative amendments to the Department’s Haz­ § 177.848 Loading and storage chart of Order No. 606 (34 P.R. 5434), the Secre­ ardous Materials Regulations (49 CFR explosives and other dangerous tary of Labor appointed and convened Parts 170-189; 34 F.R. 7158). On , articles. Industry Committee No. 83-B for the 1969, portions of Amendment No. 178-3 hosiery industry in Puerto Rico, referred were republished in the F ederal R egister (a) * * * to the Committee the question of the (34 F.R. 7332) to correct errors in print­ 1 Normal uranium, depleted uranium, and minimum wage rate or rates to be paid ing. Since that time, three omissions thorium metal in solid form may also be under section 6(c) of the Act to have been brought to "the Board’s at­ loaded and transported with articles named employees in the industry, and gave tention, and this action corrects those in vertical and horizontal columns a, b, c, notice of a hearing to be held by the omissions. d, e, f, and g. Committee. Amendments 174-3 and 177-5. In * * * * * Subsequent to an investigation and a §§ 174.538(a) and 177.848(a) (loading hearing conducted pursuant to the no­ and storage charts) the amendments did PART 178— SHIPPING CONTAINER tice, the Committee has filed with the not specify the addition of the footnote SPECIFICATIONS Administrator of the Wage and Hour “f” reference at the intersection of and Public Contracts Divisions of the horizontal column 15 with vertical 3H. In Amendment 178-3 "Appendix Department of Labor a report contain­ columns a through g respectively as was A—Specifications For Steel” to Part 178 ing its findings of fact and recommenda­ intended. is corrected to read as follows:

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 RULES AND REGULATIONS 12283

Appendix A—Specifications F or Steel (Secs. 831-835, title 18, United States Code; sec. 9, Department of Transportation Act table 1 (49 U.S.C. 1657); Title VI, sec. 902(h), Fed­ eral Aviation Act of 1958 (49 U.S.C. 1421— Open-hearth, basic oxygen, or electric steel of uniform quality. 1430.1472(h))) N The following chemical composition limits are based on ladle analysis: Issued in Washington, D.C., on July 18,1969. Chemical composition, percent-ladle analysis P. E. T rimble, Designation Vice Admiral, U.S. Coast Guard, Grade 1 1 Grade 2 12 Grade 3 2 4 8 Acting Commandant. Sam S chneider, Carbon...... 0.10/0.20 . . ___0.24 maximum. 0.22 maximum. Board Member, for the Federal Manganese—...... 1.1Q/1.60...... - ...... 0.50/1.00...... 1.25 maximum. Phosphorus, maximum___ 0.04...... 0.04___'...... 0.045.« Aviation Administration. Sulfur, maximum...... 0.05 ...... 0.05...... 0.05. Silicon...... 0.15/0.30...... 0.30 maximum. F. C. T urner, Copper, maximum------... 0.40...... Federal Highway Administrator. Columbium...... 0.01/0.04...... Heat treatment authorized. (3) . . : ______(3) ...... - (3). R. N. W hitman, Maximum stress (p.s.i.)__ 35,000...... - 35,000...... 35,000. Administrator, Federal Railroad Administration. 1 Addition of other elements to obtain alloying effect is not authorized. [F.R. Doc. 69—8660f Filed, July 24, 1969; 2 Ferritic grain size 6 or finër according to ÀSTM E112-63. _ 8:45 a.m.] 3 Any suitable heat treatment in excess of 1,100° F., except that liquid quenching is not permitted. 4 Other alloying elements may be added and shall be reported. . _ . 8 For compositions with a maximum carbon content of 0.15 percent on ladle analysis, the maximum limit for man­ Chapter III— Federal Highway Admin­ ganese on ladle analysis may be 1.40 percent. „ , - - , . . 8 Rephosphorized Grade 3 steels containing no more than 0.15 percent phosphorus are permitted if carbon content istration, Department of Transpor­ does not exceed 0.15 percent and manganese does not exceed 1 percent. tation

Check Analysis T olerances PART 371— FEDERAL MOTOR A heat of steel made under any of the above grades, the ladle analysis of which is slightly out of the specified range, VEHICLE SAFETY STANDARDS is acceptable if the check analysis is within the following variations: Appendix A— Interpretations Tolerance (percent) over the Motor Vehicle S afety S tandard N o. 211; maximum limit or finder W heel N uts, W heel D iscs, and Hub Element Limit or maximum specified (percent) the minimum limit Caps—Passenger Cars and Multipur­ pose P assenger Vehicles Under mini- Over maxi­ mum limit mum limit A clarification of the term “wheel nuts” as used in the requirements section S3 of Standard No. 211 has been re­ Carbon___ To 0.15 inclusive______0.02 0.03 Over 0.15 to 0.40 inclusive. 0.03 0.04 quested. This section states that “wheel Manganese. TÔ 0.60 inclusive...... 0.03 0.03 nuts, hub caps, and wheel discs for use Over 0.60 to 1.15 inclusive. 0.04 0.04 Over 1.15 to 2.50 inclusive. 0.05 0.05 on passenger cars and multipurpose pas­ Phosphorus 7. All ranges...... 0.01 senger vehicles shall not incorporate Sulfur...... All ranges...... •o.oi winged projections.” A “wheel nut” is Silicon..____ To 0.30 inclusive______0.02 0.03 Over 0.30 to 1.00 inclusive. 0.05 0.05 an exposed nut that is mounted at the Copper..___ To 1.00 inclusive______0.03 0.03 center or hub of a wheel, and not the Over 1.00 tu 2.00 inclusive. 0.05 0.05 Nickel...... To 1.00 inclusive.—---__ 0.03 0.03 ordinary small hexagonal nut, one of Over 1.00 to 2.00 inclusive 0.05 0.05 several which secures a wheel to an axle, Chromium... To 0.90 inclusive______0.03 0.03 Over 0.90 to 2.10 inclusive. 0.05 0.05 and which is normally covered by a hub Molybdenum. To 0.20 inclusive...... 0.01 0 01 cap or wheel disc. Over 0.20 to 0.40 inclusive. 0.02 0.02 Zirconium__ All ranges...... 0.01 0.05 Issued on July 22, 1969. Columbium.. To 0.04 inclusive------0.005 0.01 Aluminum... Over 0.10 to 0.20 inclusive. 0.04 0.04 F. C. T urner, Over 0.20 to 0.30 inclusive. 0.05 0.05 Federal Highway Administrator. [F.R. Doc. 69-8761; Filed, July 24, 1969; i Rephosphorized steels not subject to check analysis for phosphorus. 8:50 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12284 Proposed Rule Making

1937, as amended (7 U.S.C. 601 et seq.), , the monetary return DEPARTMENT OF THE INTERIOR and the applicable rules of practice and realized from the sale of Class I bases procedure governing the formulation of by 776 dairy farmers who sold them was Fish and Wildlife Service marketing agreements and marketing about $7 million. [ 50 CFR Part 32 1 orders (7 CFR Part 900), a public hear­ The decision providing for the Puget ing was held at , Wash., on April . Sound Class I base plan specified De­ ST. VINCENT NATIONAL WILDLIFE .29, 1969, pursuant to notice thereof cember 31,1969, as the termination date, REFUGE, FLA. issued on April 16, 1969 (34 F.R. 6697). the same termination date first provided Upon the basis of the evidence intro­ by the Congress for the enabling legisla­ Hunting duced at the hearing and the record tion. Such authority was later extended Notice is hereby given that pursuant thereof, the Deputy Administrator, Reg­ by the Congress to December 31, 1970. to the authority vested in the Secretary ulatory Programs on June 20, 1969 (34 A spokesman for new producers of the Interior by the Migratory Bird F.R. 9808; F.R. Doc. 69-7487) filed with acknowledged that from the inception Conservation Act of February 18, 1929, the Hearing Clerk, U.S. Department of of the base plan in the market there as amended (45 Stat. 1222; 16 U.S.C. Agriculture, jiis recommended decision was the possibility that the Congress 715), and the Endangered Species Pres­ containing notice of the opportunity to might extend the enabling legislation. ervation Act of October 15, 1966 (80 file written exceptions thereto. Such action, of course, would make pos­ Stat. 926, 16 U.S.C. 668aa), it is proposed The material issue, findings and con­ sible consideration of an extension of to amend 50 CFR 32.21 by the addition clusions, rulings, and general findings of the Puget Sound base plan. Whether a of St. Vincent National Wildlife Refuge, the recommended decision (34 F.R. 9808; producer has held or sold his base was Fla., to the list of areas open to the F.R, Doc. 69-7487) are hereby approved a personal decision based upon his own hunting of upland game, as legislatively and adopted and are set forth in full estimate as to whether ,the legislative permitted. herein. authority for Class I base plans and the It has been determined that regulated The material issue on the record of Puget Sound Class I base plan would be hunting of upland game may be per­ hearing relates to the extension of the extended beyond December 31, 1969. mitted as designated on the St. Vincent Class I base provisions of the order A Class I base plan assigns each pro­ National Wildlife Refuge without detri­ through December 31,1970. ducer a share of the Class I market in ment to the objectives for which the area Findings and conclusions. The fol­ proportion to his deliveries to the market was established. lowing findings and conclusions on the during a representative period. A pro­ It is the policy of the Department of material issue are based on evidence pre­ duction history base was computed for the Interior, whenever practicable, to af- sented at the hearing and the record each producer on the market in May fod the public an opportunity to par­ thereof : 1967 who delivered milk to a Puget ticipate in the rulemaking process. The Class I base plan provisions of the Sound handler 120 days or more in Accordingly, interested persons may sub­ order should be extended through De­ August-. The production mit written comments, suggestions, or ob­ cember 31, 1970, the expiration date of history base computed was the highest jections, with respect to this proposed the enabling legislation. The Class I base of such producer’s average daily de­ amendment, to the Director, Bureau of plan is now effective through Decem­ livery in August-, 1965 or Sport Fisheries and Wildlife, Washing­ ber 31,1969. 1966 in which he delivered producer milk ton, D.C. 20240, within 30 days of the Amendments to the Agricultural Mar­ under the order on 120 days or more. date of publication of this notice in the keting Agreement Act by Public Law 89- From his production history base a F ederal R egister. 321 (Food and Agriculture Act of 1965) Class I base was computed for each pro­ §32.21 List of open areas; upland authorized Class I base plans for Federal ducer. Such base represented his pro gam e. milk orders through . The rata share of 120 percent of the average * * ♦ * * Congress has since extended that daily pounds of producer milk classified F lorida authorization through by as Class I in 1966. Deliveries within the * * * * * Public Law 90-559. Class I base receive the base price and St. Vincent National Wildlife Refuge. The extension of the Class I base plan deliveries in excess receive the lower ex­ was widely supported by producer cess milk price. Neither the production * * * * * groups, including the cooperative asso­ history base nor the Class I base is ad­ J ohn S. G ottschalk, ciations representing a major portion of justed because of changes in producer Director, Bureau of the producers supplying the market. The Sport Fisheries and Wildlife. deliveries or in Class I sales. only opposition testimony to the exten­ As provided in the enabling legislation J uly 18, 1969. „ sion was from spokesmen representing and specified in the order, any increase [F.R. Doc. 69-8718; Filed, July 24, 1969; possibly as many as 90 “new producers.” in Class I base resulting from enlarged 8:47 a.m.] A new producer is a producer under the or increased consumption and any pro­ order who does not hold a base. Some of ducer Class I bases forfeited or surren­ the opposition testimony was that the dered must be made available first to hew new producers had relied on the termina­ producers and to the alleviation of DEPARTMENT OF AGRICULTURE tion date of December 31, 1969, and hardship and inequity among producers. Consumer and Marketing Service should have the opportunity of making Total Class I base available to new pro­ new bases if the plan is extended. ducers is prorated among them on the [ 7 CFR Part 1125 3 In , 357 of the 1,866.pro­ basis of their' deliveries during the [Docket No. AO-226-A20] ducers supplying the market were new month. The Class I base assigned new producers. Of these, 2521 had taken on producers in September 1967 through MILK IN PUGET SOUND, WASH., new producer status by selling the bases averaged 32 percent of their MARKETING AREA originally assigned to them. Since the deliveries, ranging between 18 percent Decision on Proposed Amendments inception of the Class I base plan in and 50 percent in the 19-month period. to Tentative Marketing Agreement New producers opposed to the exten­ and to Order 1 Official notice is taken of Marketing Serv­ sion contended also that the Class I ice Information for the Puget Sound Market­ base plan should not be extended unless Pursuant to the provisions of the Agri­ ing Area, Voi. 19, No. 3, for March 1969, issued the provisions for allowing new produc­ cultural Marketing Agreement Act of by the Market Administrator. ers to participate in the plan are

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 2S, 1969 PROPOSED RULE MAKING 12285 amended to provide a larger share of the to be amended, and all of the terms and Nicholas L. Keyock is hereby designated Class I market for such producers. A re­ conditions thereof, will tend to effectu­ agent of the Secretary to conduct such quest presented at the hearing by a new ate the declared policy of the Act; referendum in accordance with the pro­ producer spokesman would defer action (b) The parity prices of milk as deter­ cedure for the conduct of referenda to on the proposal to extend the Class I mined pursuant to section 2 of the Act determine producer approval of milk base plan'until consideration had been are not reasonable in view of the price marketing orders (7 CFR 900.300 et seq.), given at a hearing on a proposal to as­ of feeds, available supplies of feeds, and such referendum to be completed on or sign more Class I base to new producers other economic conditions which affect before the 30th day from the date this than is now provided in the order. market supply and demand for milk in decision is issued. The order provisions for assigning the marketing area, and the minimum Signed at Washington, D.C., on July 21, Glass I base to new producers are in ac­ prices specified in the proposed market­ ing agreement and the order, as hereby 1969. cord with the enabling legislation. The R ichard E. Lyng, legislation, which has been extended proposed to be amended, are such prices Assistant Secretary. through December 31, 1970, provides no as will reflect the aforesaid factors, in­ authority for changing the basis for as­ sure a sufficient quantity of pure and Order1 Amending the Order Regulating signing Class I base to new producers. wholesome milk, and be in the public the Handling of Milk in the Puget Under the law, Class I base may be as­ interest; and Sound, Wash., Marketing Area signed to new producers only as it be­ (c) The tentative marketing agree­ Findings and determinations. The comes available through increased Class ment and the order, as hereby proposed findings and determinations hereinafter I sales and from forfeited and surren­ to be amended, will regulate the han­ set forth are supplementary and in addi­ dered bases. For these reasons the re­ dling of milk in the same manner as, tion to the findings and determinations quest to continue the hearing is denied. and will be applicable only to persons in previously made in connection with the Of the 1,252 million pounds of milk the respective classes of industrial and issuance of the aforesaid order and of pooled under the Puget Sound order in commercial activity specified in, a mar­ the previously issued amendments there­ 1968, the 613 million pounds in the sur­ keting agreement upon which a hearing to; and all of said previous findings and plus utilizations (Class II and Class III) has been held. determinations made are hereby ratified were 49 percent of producer deliveries: Rulings on exceptions. In arriving at and affirmed, except insofar as such find­ This approximates the utilization of pro­ the findings and conclusions, and the ings and determinations may be in con­ ducer milk in the surplus classes under regulatory provisions of this decision, flict with fhe findings and determinations the Puget Sound order in recent years. each of the exceptions received was care­ set forth herein. It is the type of surplus situation which fully and fully considered in conjunc­ (a) Findings upon the basis of the the plan was designed by the Congress tion with the record evidence pertaining hearing record. Pursuant to the provi­ to remedy. thereto.JTo the extent that the findings sions of the Agricultural Marketing The market thus continues to show a and conclusions, and the regulatory pro­ Agreement Act of 1937, as amended (7 large proportion of producer milk above visions of this decision are at variance U.S.C. 601 et seq.), and the applicable Class I needs. Moreover, no change in with any of the exceptions, such excep­ rules of practice and procedure govern­ marketing conditions since the incep­ tions are hereby overruled for the ing the formulation of marketing agree­ tion of the Class I base plan which might reasons previously stated in this decision. ments and marketing orders (7 CFR Part justify early termination of the plan was Marketing agreement and order. An­ 900), a public hearing was held upon cited on the record. The findings and nexed hereto and made a part hereof certain proposed amendments to the ten­ conclusions of the decision issued by the are two documents entitled respectively, tative marketing agreement and to the Assistant Secretary on July 17, 1967, “Marketing Agreement Regulating the order regulating the handling of milk continue to be applicable to marketing Handling of Milk in the Puget Sound, in the Puget Sound, Wash., marketing conditions for producers and justify ex­ Wash., Marketing Area”, and “Order area. Upon the basis of the evidence in­ tension of the Class I base plan as pro­ Amending the Order Regulating the troduced at such hearing and the record posed by the large majority of producers. Handling of Milk in the Puget Sound, thereof, it is found that: Official notice is taken of the findings of Wash., Marketing Area”, which have ( 1 ) The said order as hereby amended, that decision (32 F.R. 10742) and they been decided upon as the detailed and and all of the terms and conditions are adopted as if,set forth herein. appropriate means of effectuating the thereof, will tend to effectuate the de­ Rulings on 'proposed findings and con­ foregoing conclusions. clared policy of the Act; clusions. Briefs and proposed findings It is hereby ordered, That all of this (2) The parity prices of milk, as de­ and conclusions were filed on behalf of decision, except the attached marketing termined pursuant to section 2 of the certain interested parties. These briefs, agreement, be published in the F ederal Act, are not reasonable in view of the proposed findings and conclusions and R egister. The regulatory provisions of price of feeds, available supplies of feeds, the evidence in the record were consid­ said marketing agreement are identical and other economic conditions which af­ ered in making the findings and conclu­ with those contained in the order as fect market supply and demand for milk sions set forth above. To the extent that hereby proposed to be amended by the in the said marketing area, and the the suggested findings and conclusions attached order which will be published minimum prices specified in the order as filed by interested parties are inconsist­ with this decision. hereby amended, are such prices as ent with the findings and conclusions set Referendum order; determination of will reflect the aforesaid factors, insure forth herein, the requests to make such representative period; and designation a sufficient quantity of pure and whole­ findings or reach such conclusions are of referendum agent. It is hereby di­ some milk, and be in the public interest; denied for the reasons previously stated rected that a referendum in which each (3) The said order as hereby in this decision. individual producer has one vote be con­ amended, regulates the handling of milk General findings. The findings and ducted to determine whether the exten­ in the same manner as, and is appli­ determinations hereinafter set forth are sion of the Class I base plan of payment cable only to persons in the respective supplementary and in addition to the 4,o producers, as specified in the attached classes of industrial or commercial ac­ findings and determinations previously order, as amended, regulating the han­ tivity specified in, a marketing agree­ made in connection with the issuance of dling of milk in the Puget Sound, Wash., ment upon which a hearing has been the aforesaid order and of the previously marketing area is separately approved held. issued amendments thereto; and all of or favored by the producers, as defined Order relative to handling. It is there­ said previous findings and determina­ under the terms of the order, as amended, fore ordered that on and after the effec­ tions are hereby ratified and affirmed, and who, during the representative tive date hereof, the handling of milk except insofar as such findings and de­ period, were engaged in the production of milk for sale within the aforesaid 1 This order shall not become effective un­ terminations may be in conflict with the less and until the requirements of § 900.14 findings and determinations set forth marketing area. of the rules of practice and procedure gov­ herein. The month of is hereby de­ erning proceedings to formulate marketing (a) The tentative marketing agree­ termined to be the representative period agreements and marketing orders have been ment and the order, as hereby proposed for the conduct of such referendum. met.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12286 PROPOSED RULE MAKING

in the Puget Sound, Wash., marketing manufacture of another drug. Accurately Transfer an amount of the powder equiv­ area shall be in conformity to and in weigh approximately 50 milligrams of alent to 250 milligrams of tetracycline compliance with the terms and condi­ the sample into a 50-milliliter volumetric hydrochloride to a 250-milliliter volumet­ tions of the aforesaid order, as amended flask and add 10 milliliters of 0.12V ric flask. Add 50 milliliters of 0.12V and as hereby amended, as follows: hydrochloric acid. Shake until sample is hydrochloric acid and shake on a me­ The provisions of the proposed mar­ completely dissolved, and then dilute to chanical shaker for 5 minutes. Dilute to keting agreement and order amending volume with water. volume with water and filter through a the order contained in the recommended (ii) Sterile dispensing containers. fluted filter paper. Discard the first 20 decision issued by the Deputy Ad­ Transfer a quantity of sample equivalent milliliters of filtrate and collect the next ministrator, Regulatory Programs, on to 250 milligrams of tetracycline hydro­ 20 milliliters. June 20, 1969, and published in the F ed­ chloride to a 250-milliliter volumetric (v) Oral powders and suspensions. eral R egister on June 25, 1969 (34 F.R. flask, dilute to volume with 0.022V hydro­ Proceed as described in paragraph (b) 9808; F.R. Doc. 69-7487), shall be and chloric acid, and mix well. of this section. are the terms and provisions of this (iii) Capsules. Transfer a representa­ (2) Test procedure. Using a suitable order, and are set forth in full herein. tive quantity of capsule contents equiv­ spectrophotometer, determine the ab­ The following order provisions, which alent to 250 milligrams of tetracycline sorbance of the sample solution prepared are effective through December 31, 1969, hydrochloride to a 250-milliliter vol­ as directed in subparagraph (1) of this are hereby made effective through De­ umetric flask. Add 50 milliliters of 0.12V paragraph at 430 millimicrons using cember 31, 1970: §§ 1125.22(k) (2), 1125.- hydrochloric acid and shake on a me­ 0.022V hydrochloric acid as a blank. Then 110, 1125.111, 1125.120, 1125.121, 1125.- chanical shaker for 5 minutes. Dilute to accurately dilute 1.0 milliliter of the 122, 1125.123, and 1125.124. volume with water and filter through a sample solution to 100 milliliters with [F.R. Doc. 69-8751; Filed, July 24, 1969; fluted filter paper. Discard the first 20 0.022V hydrochloric acid and determine 8:50 a.m.] milliliters of filtrate and collect the next the absorbance of this solution at 356 20 milliliters. millimicrons, using 0.022V hydrochloric (iv) Tablets. Grind a representative acid as a blank. number of tablets to a fine powder. (3) Calculations. DEPARTMENT OF HEALTH, EDU­ [“430— («356X0.0019) ] X 100 Percent anhydrotetracydine= 18Ô CATION, AND WELFARE where: Food and Drug Administration “430=Absorptivity (1%, 1 cm.) of sample at 430 millimicrons; Absorbance X 50 X 10; For bulk, abs6rptivlty= [ 21 CFR Part 141 1 J Milligrams____ — of 5 sample For sterile dispensing containers, capsules, and tablets; absorptivity= Absorb­ TESTS AND METHODS OF ASSAY OF ance X 10; AN TIBIO TIC AND ANTIBIOTIC- *356=Absorptivity (1%, 1 cm.) of sample at 356 millimicrons; CONTAINING DRUGS : Absorbance X 50 X 1000; For bulk, absorptivity* J = - ==,=--- Milligrams - — of 5------sample=— Anhydrotetracydine and For sterile dispensing containers, capsules, and tablets; absorptivity= Absorb­ 4-Epianhÿdrotetracycline ance XI,000; It is proposed to amend the antibiotic 0.0019=Absorbance ratio (^430+356) observed with tetracycline; drug regulations to include a maximum 180=Absorptivity (1%, 1 cm.) of anhydrotetracydine hydrochloride at 430 milli- limit for 4-epianhydrotetracycline in tetracycline, tetracycline hydrochloride, and tetracycline phosphate complex (4) Evaluation. If the total anhydro­30 milliliters EDTA solution, shake the bulks, and all oral and injectable dosage tetracyclines content exceeds the limit flask for about 10 minutes on a mechani­ forms containing these tetracyclines. The set for 4-epianhydrotetracycline for the cal shaker, and dilute to volume with maximum limit for 4-epianhydrotetracy­ specific products, perform the determina­ EDTA solution. In the case of oral cline will be 2 percent for bulks, 3 percent tion for anhydrotetracydine and 4-epi­ powders and suspensions or pediatric for injectables, oral powders, tablets, and anhydrotetracycline described in para­ drops, dilute an amount of sample capsules, and 5 percent for oral suspen­ graph (b) of this section. equivalent to 125 milligrams of tetra­ sions. In the case of bulks, injéctables, (b) Determination of anhydrotetra­cycline hydrochloride to 10 milliliters tablets, and capsules, if the results of the cyclines content and 4-epianhydrotetra­ with EDTA solution. Adjust the solu­ test for total anhydrotetracyclines con­ cycline content—(1) Apparatus and re­ tion to pH 7.8 with ammonium hydroxide tent are within the required limits, these agents. (i) Chromatographic tube (15 solution, dilute to 25 milliliters with results may be submitted in lieu of the millimeters ID x 150 millimeters long). EDTA solution, and mix well. Add 1.0 results of the test for 4-epianhydrotetra­ (ii) Diatomaceous earth, acid-washed milliliter of this solution to 1 gram of cycline and that test need not be (Celite 545 or equivalent). dry diatomaceous earth and mix performed. (iii) EDTA solution: 0.1 M ethylenedi- thoroughly with a small glass stirring Therefore, pursuant to the provisions amine tetraacetic acid disodium salt ad­ rod. Pack this sample-diatomaceous of the Federal Food, Drug, and Cos­ justed to pH 7.8 with ammonium hydrox­ earth mixture on the column, and then metic Act (sec. 507, 59 Stat. 463, as ide (reagent grade). on top of it pack the remaining 20 per­ amended; 21 U.S.C. 357) and under au­ (iv) Chloroform. cent of the EDTA-moistened dia­ thority delegated to the Commissioner of (v) Ammonium hydroxide solution tomaceous earth remaining from the Food and Drugs (21 CFR 2.120), it is pro­ (1+9). ~ column preparation described in sub- posed that the following section be added (2) Column preparation. Add 5 milli­ paragraph (2) of this paragraph. to Part 141: liters of EDTA solution to 10 grams of dry (4) Procedure. Elute the column with diatomaceous earth and mix until the chloroform, collecting portions of 5 § 141.580 Anhydrotetracydine and 4- diatomaceous earth is uniformly moist­ milliliters, 5 milliliters, 10 milliliters, 10 epianhydrotetracycline. ened. Place a small round piece of filter milliliters, and 5 milliliters in separate Determination of 4-epianhydrotetra­ paper at the junction of the barrel- and volumetric flasks. Determine the cycline and anhydrotetracyclines in exit tube of the chromatographic tube. absorbance of each fraction at 430 milli­ tetracycline, tetracycline hydrochloride, Add about 80 percent of the diatoma­ microns using a suitable spectrophotom­ tetracycline phosphate, and in dosage ceous earth mixture to the tube and pack eter and chloroform as the blank. forms thereof is as follows: tightly with a tamper to a height of 9-10 (5) Calculations.. Calculate the an­ (a) Screening procedure for total centimeters. hydrotetracyclines content from the first (3) Sample preparation. Place an 5-milliliter portion collected and the 4- anhydrotetracyclines content—(1) Sam­ amount of sample equivalent to 250 epianhydrotetracycline content from the ple solution preparation—(i) Bulk pack­ milligrams of tetracycline hydrochloride second through fifth portions collected aged for repacking or for use in the in a 50-milliliter volumetric flask. Add using the following formulas:

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 PROPOSED RULE MAKING 12287

Absorbance X 1,000 Percent axihydrotetracyclines = Transponder Equipment—TSO-C74b of 175.5 the Federal Aviation Regulations as follows: Fractional percent of 4-epienhydrotetracycline in each 5-milliliter fraction= 1. By amending paragraphs (a), (b), Absorbance X 1,000 (c), and (d) to read as follows: (a) Applicability. This technical 162 standard order prescribes the minimum Fractional percent of 4-epianhydrotetracycline in each 10-milliliter fraction= performance standards that ATC trans­ ponder equipment must meet in order to Absorbance X 2,000 be identified with the applicable TSO 162 marking. New models of equipment that where: are to be so identified, and that are man­ 175.5=Absorptivity (1%, 1 cm.) of anh ydr otetr ac y cl ines at 430 millimicrons: ufactured on or after (the effective date 162=Absorptivity (1%, 1 cm.) of 4-epianhydrotetracycline at 430 millimicrons. of this section), must meet the require­ ments of the “Federal Aviation Adminis­ Total the fractional percentages of 4- tained in this notice may be changed in tration Standard, Airborne ATC Trans­ epiarihydrotetracycline in portions 2 light of comments received. All com­ ponder Equipment,” set forth at the end through 5, to obtain the total percentage ments submitted will be available, both of this section, and Radio Technical of 4-epianhydrotetracycline with respect before and after the closing date for Gommission for Aeronautics Document to the weight of bulk powder or the comments, in the Rules Docket for ex­ No. DO-138 entitled “Environmental labeled quantity of tetracycline hydro­ amination by interested persons. Conditions and Test Procedures for Air­ chloride in sterile dispensing containers, The current TSO does not reflect either borne Electronic/Electrical Equipment capsules, tablets, or oral powders and the U.S. National Standard for the IFF and Instruments” dated June 27, 1968. suspensions. Mark X (SIF) Air Traffic Control Radar RTCA document No. DO-138 is incor­ Any interested person may, within 60 Beacon System (ATCRBS) Characteris­ porated herein in accordance with 5 days from the date of publication of this tics as revised on October 10, 1968, or U.S.C. 552(a) (1) and § 37.23 of the Fed­ notice in the F ederal R egister, file with the International Standards and Recom­ eral Aviation Regulations, and is avail­ the Hearing Clerk, Department of mended Practices, Aeronautical Telecom­ able as indicated in § 37.23. Additionally, Health, Education, and Welfare, Room munications Annex 10, adopted by the RTCA document No. DO-138 may be ex­ 5440, 330 Independence Avenue SW., Council of the International Civil Avia­ amined at any FAA Regional Office and Washington, D.C. 20201, written com­ tion Organization (ICAO) on Decem­ may be obtained from the RTCA Secre­ ments (preferably in quintuplicate) ber 11,1967, and set forth in Amendment tariat, Suite 302, NADA Building, 20th regarding this proposal. Comments may No. 47. The U.S. National Standard for and K Streets NW., Washington, D.C. be accompanied by a memorandum or ATCRBS specifies the performance re­ 20006, at a cost of $4 per copy. brief in support thereof. quired of each component to meet the (b) Marking. (1) In addition to the overall operations requirements of the markings specified in § 37.7, the equip­ Dated: July 16, 1969. common civil/military system. It speci­ ment must be marked to indicate the fies the technical parameters, tolerances, H erbert L. Ley, Jr., environmental extremes over which it has Commissioner of Food and Drugs. and techniques to the extent required to been designed to operate. There are 12 ensure proper operation and compatibil­ environmental test procedures outlined [F.R. Doc. 69-8708; Filed, July 24, 1969; ity between elements of the ATCRBS. In in the RTCA document which have cate­ 8:46 a.m.] addition to the foregoing, at the FAA’g gories established. These must be iden­ request the Radio Technical Commission tified on the nameplate by the words for Aeronautics. (RTCA) has developed “Environmental Categories” or, as ab­ new environmental test standards for breviated, “Env. Cat.” followed by 12 DEPARTMENT OF airborne electronic/electrical equipment letters which identify the categories and instruments. designated. Reading from left to right, TRANSPORTATION The FAA proposes to amend § 37.180 the category designations must appear to conform to the recent revisions of the on the nameplate in the following order, Federal Aviation Administration U.S. National Standard for the ATCRBS so that they may be readily identified: [1 4 CFR Part 37 ] characteristics and the recent amend­ (1) Temperature-Altitude category; ments to ICAO, Annex 10, and to require (ii) Humidity category; [Docket No. 9724; Notice No. 69-29] compliance with the RTCA Document ( iii ) Vibration category ; DO-138, entitled “Environment Condi­ (iv) Audio frequency magnetic field AIRBORNE ATC TRANSPONDER tions and Test Procedures for Airborne EQUIPMENT susceptibility category ; Electronic/Electrical Equipment and (v) Radio frequency susceptibility Technical Standard Order Instruments.” category ; A number of technical changes to the (vi) Emission of spurious radio fre­ The Federal Aviation Administration TSO would be made in accomplishing the is considering amending § 37.180 of the quency energy category; foregoing. Transponders would be re­ ( vii ) Explosion category ; Federal Aviation Regulations by revising quired to automatically reply to Mode C the Technical Standard Order (TSO- (viii) Waterproofness category; interrogations,, independently of other (ix) Hydraulic fluid category ; 74a) to update the standards for air­ modes and codes manually selected. The borne ATC transponder equipment. (x) Sand and dust category; transponder would be required to have ( xi ) Fungus resistance category ; Interested persons are invited to par­ a means of removing the information ticipate in the making of the proposed (xii) Salt spray category. pulses from the Mode C reply when re­ (2) Equipment intended for installa­ rule by submitting such written data, quested by Air Traffic Control. An upper views, or arguments as they may desire. tion in aircraft that operate at altitudes amplitude limit for pulse Ps would be above 15,000 feet must be identified on Communications should identify the established to which the transponder regulatory docket or notice number and the nameplate as Class I equipment. must reply, and the received signal am­ (3) Equipment intended for installa­ be submitted in duplicate to the Federal plitude range over which the trans­ Aviation Administration, Office of the tion in aircraft that operate at altitudes ponder must be suppressed would be re­ not exceeding 15,000 feet must be iden­ General Counsel, Attention: Rules Dock­ laxed to make the requirement easier to et, GC-24, 800 Independence Avenue tified on the nameplate as Class II meet without degrading the system equipment. SW., Washington, D.C. 20590. All com­ appreciably. All references to megacycles munications received on or before Octo­ (4) Where a manufacturer desires to as the unit of frequency in the standards substantiate his equipment in dual cate­ ber 23, 1969, will be considered by the would be changed to megahertz. gories for one environment, the name­ Administrator before taking action on In consideration of the foregoing, it is plate must be marked with both cate­ the proposed rule. The proposal con­ proposed to amend § 37.180 Airborne ATC gories in the space designated for that

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12288 PROPOSED RULE MAKING category by placing one letter above the db for nominal pulse spacings and pulse end of the transmission line of the trans­ other in the following manner: widths. ponder must be at least 18.5 db and, not d. The reply characteristics apply over a more than 27 db above 1 watt at any reply Env. Cat. ad AJAAAXWHDFS Class I received signal amplitude range between rate up to 1,200 per second for a 15-pulse minimum triggering level and 50 db above coded reply. (5) Each separate component ofthat level. c. The standards of this section assume equipment (antenna, power supply, etc.) e. The standards of this section assume a a transmission line loss of 3 db and an must be identified with at least the name transmission line loss of 3 db and an antenna antenna performance equivalent to that of of the manufacturer, the TSO number performance equivalent to that of a simple a simple quarter wave antenna. In the event and the environmental categories over quarter wave antenna. In the event that these that these assumed conditions do not apply, which the equipment component is assumed conditions do not apply, the equip­ the equipment must be adjusted as nec­ designed to operate. Where an environ­ ment must be adjusted as necessary to pro­ essary to provide a transmitter power out­ mental test procedure is not applicable vide a sensitivity equivalent to that specified. put equivalent to that sepcified. to that component and the test is not (d) By amending paragraph 2.6a(2) (i) By amending paragraph 2.14 to conducted, an X should be placed in the to read as follows: read as follows: space assigned for that category. 2.6 Decoding performance, a. * * * 2.14 Pressure-altitude transmission. The (c) Data requirements. In accordance (2) The received amplitude of P3 is in ex­equipment must have the capability for with § 37.5 the manufacturer must fur­ cess of a level 1 db below the received ampli­ automatic pressure-altitude transmission in nish to the Chief, Engineering and tude of P3 but no greater than 3 db above 100-foot increments on Mode C when oper­ Manufacturing Branch, Plight Stand­ the received amplitude of P,. ated in conjunction with a pressure-altitude ards Division, Federal Aviation Adminis­ encoder (digitizer). The equipment must be tration, in the region in which the (e) By amending paragraph 2.6c to capable of automatic reply to Mode C in­ manufacturer is located, the following read as follows: terrogations with combinations of informa­ 2.6 Decoding performance. tion pulses coded in binary form in 100-foot technical data: increments necessary for the equipment to (1) One copy of the operating instruc­ * * * * * operate up to design maximum altitude. The tions and equipment limitations of the c. Side-lobe suppression. The transponder transponder must be provided with a means manufacturer. must be suppressed for a period of 35 ±10 to remove the information pulses from the (2) One copy of the installation pro­ microseconds following receipt of a pulse pair Mode C reply when requested by Air Traffic cedures with applicable schematic draw­ of proper spacing and amplitude indicative Control. The transponder must continue of side-lobe interrogation. This suppression transmitting the framing pulses on Mode C ings, wiring diagram, and specifications, action must be capable of being reinitiated when the information pulses have been and a listing of components (by part for the full duration within 2 microseconds removed or are not provided. Automatic number) or possible combinations after the end of any suppression period. The pressure altitude transmission codes pulse thereof, which make up a system comply­ transponder must be suppressed with a 99 position assignment are set forth in figure 2. ing with this TSO. Indicate any limita­ percent efficiency over a received signal am­ tions, restrictions, or other conditions plitude range between 3 db above minimum (j) By amending paragraph 2.15 to pertinent to the installation. triggering level and 50 db above that level read as follows: (3) One copy of the test report of the and upon receipt of properly spaced interro­ 2.15 Self test and monitor. If a self test manufacturer. gations when the received amplitude of P2 is feature or monitor is provided, the devices (d) Previously approved equipment. equal to or in excess of the received ampli­ that radiate test interrogation signals, or tude of Pj and spaced 2.0 ± 0.15 microsecond prevent transponder reply to proper interro­ Airborne ATC transponder equipment from Pj. approved prior to (the effective date of gation during the test period, must be limited (f) By amending paragraph 2.7d to to intermittent use which is no longer than this section) may continue to be manu­ that required to determine the transponder factured under the provisions of its orig­ read as follows: status. The test interrogation rate must not inal approval. 2.7 Transponder discrimination and de­ exceed 450 per second and the interrogation 2. By amending the “Federal Aviationsensitization. signal level at the antenna end of the trans­ Standard for Airborne ATC Transponder * * * * * mission line must not exceed a level of Equipment” as follows: d. Reply rate control. A sensitivity-reduc­ — 70 dbm. (a) By amending paragraph 1.2c to tion type reply rate control must be provided. The range of this control must permit ad­ (k) By striking out paragraph 2.16, by read as follows: justment of the reply rate to any value be­ redesignating present paragraphs 2.17 1.2 Operating controls. tween 500 replies per second and the maxi­ and 2.18 as paragraphs 2.16 and 2.17, * * * * * mum rate of which the transponder is ca­ and by adding a new paragraph 2.18 to pable, or 2,000 replies per second, whichever read as follows: c. Selection of Modes 3/A and C combined,is the lesser, without regard to the number manually selected, the transponder must of pulses in each reply. Sensitivity reduction 2.18 Emission of spurious radiofrequency automatically reply to Mode C interrogation. in excess of 3 db must not take effect until energy. The levels of conducted and radiated 90 percent of the selected reply rate is ex­ spurious radiofrequency energy emitted by (b) By amending paragraph 2.1 by the equipment must not exceed those levels striking out the word “Megacycle” ceeded. The sensitivity must be reduced by at least 30 db when the rate exceeds the selected specified in Appendix A of RTCA Document wherever it appears, and inserting the value by 50 percent. The reply rate limit must No. DO-138 entitled “Environmental Con­ word “Megahertz” in place thereof. be set at 1,200 replies per second, or the ditions and Test Procedures for Airborne (c) By amending paragraph 2.2 to maximum value below 1,200 replies per sec­ Electronic/Electrical Equipment and Instru­ read.as follows: ond of which the transponder is capable. ments,” dated June 27, 1968. 2.2 Receiver sensitivity and dynamic (g) By amending paragraph 2.10 by (l) By amending section 3 to read as range, a. The minimum triggering level follows: (MTL) of the transponder must be such that striking out the word “Megacycles” and replies are generated to 90 percent of the inserting the word “Megahertz” in place 3.0 Minimum performance standards Interrogation signals when— thereof. under environmental conditions. "Unless 1. The two pulses P± and P3 constituting (h) By amending paragraph 2.11 to otherwise specified, the test procedures ap­ plicable to a determination of the perform­ an interrogation are of equal amplitude and read as follows: ance of airborne ATC transponder equipment P2 is not detected; and 2.11 Transmitter power output, a. For under environmental conditions are set forth 2. The amplitude of these signals received equipment intended for installation in air­ in RTCA Document No. DO-138 entitled "En­ at the antenna end of the transmission line craft which operate at altitudes above 15,000 vironmental Conditions and Test Procedures of the transponder is nominally 71 db below feet (Class I ) , the peak pulse power available for Airborne Electronic/Electrical Equipment 1 milliwatt with limits between 69 and 77 at the antenna end of the transmission line and Instruments,” dated June 27, 1968. db below 1 milliwatt. of the transponder must be at least 21 db and 3.1 Temperature-Altitude—a. Low tem­ b. With the transponder adjusted to com­ not more than 27 db above 1 watt at any reply perature. (1) When the equipment is sub­ ply with paragraph a, the random triggering rate up to 1,200 per second for a 15-pulse jected to this test, the standards of the fol­ rate (squitter) must not be greater than five coded reply. lowing paragraphs must be met: 2.1a; 2.2, reply pulse groups or suppressions per second b. For equipment intended for installa­ except that at temperatures below —15° C., averaged over a period of at least 30 seconds. tion in aircraft which operate at altitudes the sensitivity must not be less than —69 c. The variation of the minimum trigger­ not exceeding 15,000 feet (Class II), the dibm and the variation of sensitivity of the ing level between modes must not exceed 1 peak pulse power available at the antenna receiver between any mode on which it is

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 PROPOSED RULE MAKING 12289 capable of operating must be less than 2 db; db; 2.6a(l); 2.6b(l); 2.6c; 2.7b; 2.7c; 2.10; of section 6(c) of the Department of 2.6a(l); 2.6b(l); 2.6c; 2.7b; 2.7c; 2.10; 2.11; 2.11; 2.12, except that at temperatures below 2.12, except that at temperatures below — 15“ C. and above + 40“ C., the delay varia­ Transportation Act (49 U.S.C. 1655(c)). — 15° C. the delay variation between modes tion between modes on which the trans­ Issued in Washington, D.C., on July 18, on which the transponder is capable of re­ ponder is capable of replying must be less 1969. plying must be less than 0.4 microsecond; than 0.4 microsecond; 2.13c; 2.13d; and 2.13e. Edward C. H odson, 2.13c; 2.13d; and 2.13e. b. Following the temperature variation (2) Following the low temperature test, test, the requirement of paragraph 2.16 must Acting Director, the requirements of paragraph 2.16 must be be met. Flight Standards Service. met. 3.6 Power input variation. When the [F.R. Doc. 69-8741; Filed, July 24, 1969; b. High temperature. (1) When the equip­ equipment is subjected to this test, -the 8:49 a.m.] ment is subjected to the high short-time op­ standards of the following paragraphs must erating temperature test, the equipment be met: 2.1a; 2.2; 2.6a (l); 2.6b (l); 2.6c; must operate electrically and mechanically. 2.7b; 2.7c; 2.10; 2.11; 2.12; 2.13c; 2.13d; and (2) When the equipment is subjected to 2.13e. [ 14 CFR Part 71 ] the high operating temperature test, the 3.7 Low voltage, a. When the primary pow­ [Airspace Docket No. 69-SO-79] standards of the following paragraphs must er voltage(s) of DC operated equipment is be met: 2.1a; 2.2, except that at tempera­ 80 percent and when that of AC operated CONTROL ZONES AND TRANSITION tures above +40° C„ the sensitivity must equipment is 87% percent of design vol­ AREA not be less than —69 dbm and the variation tage (s), the equipment must operate elec­ of sensitivity of the receiver between any trically and mechanically. Proposed Alteration mode on which it is capable of operating b. DC operated equipment must meet the must be less than 2 db; 2.6a (l); 2.6b (1); standards of paragraphs 2.1 a and b; '2.2; 2.10; The Federal Aviation Administration 2.6c; 2.7b; 2.7c; 2.10; 2.11; 2.12, except that and 2.11 within two (2) minutes upon re­ is considering an amendment to Part 71 at temperatures above + 4 0 “ C. the delay turning the primary power voltage(s) to of the Federal Aviation Regulations that variation between modes on which the trans­ design voltage, after the gradual reduction would alter the Brunswick, Ga. (Mal­ ponder is capable of replying must be less of the primary voltage (s) from 80 percent colm-McKinnon Airport and NAS than 0.4 microsecond; 2.13c; 2.1,3d; and 2.13e. to 50 percent of design voltage (s). (3) Following the high temperature test, c. The gradual reduction of the primary Glynco), control zones and the Bruns­ the requirements of paragraph 2.16 must be power voltage(s) of DC operated equipment wick, Ga., transition area. met, from 50 percent to 0 percent of design vol­ Interested persons may submit such c. Attitude. (1) When the equipment is tage (s) must produce no evidence of the written data, views, or arguments as subjected to this test, the standards of the presence of fire or smoke. Paragraph 1.2 does they may desire. Communications should following paragraphs must be met: 2.1 a and not apply. be submitted in triplicate to the Area b; 2.10; 2.11; and 2.13d. 3.8 Conducted voltage transient. When the Manager, Atlantic Area Office, Atten­ (2) Following the altitude test, the re­ equipment is subjected to this test, the quirements of paragraph 2.16 must be met. standards of paragraphs 2.1 a and b; 2.2; tion: Chief, Air Traffic Branch, Federal d. Decompression (when required). When 2.10; and 2.11 must be met. Aviation Administration, Post Office Box the equipment is subjected to this test, the 3.9 Conducted audiofrequency suscepti­ 20636, , Ga. 30320. All communi­ standards of paragraphs 2.1 a and b; 2.10; bility. When the equipment is subjected to cations received within 30 days after 2.11; and 2.13a must be met. this test, the standard^ of paragraphs 2.1 a publication of this notice in the F ederal e. Overpressure (when required). When and b; 2.2; 2.10; and 2.11 must be met. R egister will be considered before action the equipment is subjected to this test, the 3.10 Audiofrequency magnetic field sus­ is taken on the proposed amendment. No standards of paragraphs 2.1 a and b; 2.10; ceptibility. When the equipment is subjected 2.11; and 2.13a must be met. to this test, the standards of paragraphs 2.1 a hearing is contemplated at this time, but 3.2 Humidity. After being subjected to and b; 2.2; 2.10; and 2.11 must be met. arrangements for informal conferences this test, the equipment must meet the 3.11 Radiofrequency susceptibility (radi­ with Federal Aviation Administration following: ated and conducted). When the equipment officials may be made by contacting the a. Within 15 minutes from the time pri­ is subjected to this test, the standards of Chief, Air Traffic Branch. Any data, mary power is applied, the receiver sensi­ paragraphs 2.1 a and b; 2.2b; 2.10; and 2.11 views, or arguments presented during tivity must be within 3 db of that specified must be met. such conferences must also be submitted in paragraph 2.2, the transmitter power out­ 3.12 Explosion (when required). When the in writing in accordance with this no­ put must be within 3 db of that specified equipment is subjected to this test, the equip­ in paragraph 2.11, and the requirements of ment must cause no detonation of the ex­ tice in order to become part of the record 2.1a; 2.1b; and 2.10 must be met. plosive mixture within the test chamber. for consideration. The proposal con­ b. Within 4 hours from the time primary 3.13 Waterproof ness (drip proof) test tained in this notice may be changed in power is applied the standards of paragraphs (when required). After subjection to this the light of comments received. 2.1 a and b; 2.2; 2.10; 2.11; and 2.16 must be test, the standards of paragraphs 2.1; 2.2; The official docket will be available for met. 2 .10; 2.11; and 2.13a must be met. examination by interested persons at 3.3 Shock, a. Following the application of 3.14 Hydraulic fluid test (when required). the 6G shocks, the standards of the follow­ After subjection to this test, the standards the Southern Regional Office, Federal ing paragraphs must be met: 2.1a; 2.2; 2.6a of paragraphs 2.1; 2.2; 2.10; 2.11; and 2.13a Aviation Administration, Room 724, 3400 (1); 2.6c; 2.7b; 2.7c; 2.10; 2.11; 2.12; 2.13c; must be met. Whipple Street, East Point, Ga. 2.13d; 2.13e; and 2.16. 3.15 Sand and dust test (when required). The Brunswick (Malcolm-McKinnon b. Following the application of the 15G After subjection to this test, the standards Airport and NAS Glynco) control zones shocks, the equipment must have remained of paragraphs 2.1; 2.2; 2.10; 2.11; and 2.13a described in § 71.171 (34 F.R. 4557) and in its mounting and no parts of the equip­ must be met. the Brunswick transition area described ment or its mounting become detached and 3.16 Fungus resistance test (when re­ free of the shock test equipment. The ap­ quired). After subjection to this test, the in § 71.181 (34 F.R. 4637) would be re­ plication of the 15G shock test may result in standards of paragraphs 2.1; 2.2; 2.10; 2.11; designated as: damage to the equipment. Therefore, this and 2.13a must be met. B runsw ick, Ga. (Malcolm-M cK in n o n test may be conducted after the other tests 3.17 Salt spray test (when required). After Airport) are completed. subjection to this test, the standards of 3.4 Vibration, a. When the equipment is paragraphs 2.1; 2.2; 2.10; 2.11; and 2.13a must Within a 5-mile radius of Malcolm-Mc­ subjected to this test, the standards of the be met. Kinnon Airport (lat. 31“09'05” N., long. 81“- following paragraphs must be met: 2.1a; 23'20” W.) ; within 1.5 miles each side of the 2.2; 2.6a(l); 2.6b(l); 2.6c; 2.7b; 2.7c; 2.10; (m) By amending paragraph 1.0b of Brunswick VORTAC 023“ radial, extending 2.11; 2.13c; 2.13d; and 2.13e. Appendix A by striking out the letters from the 5-mile radius zone to the VORTAC, b. Following the vibration test, the re­ “Cps” and inserting the word “Hertz” excluding the portion within a 1.5-mile quirements of paragraph 2.16 must be met. radius of Brunswick Municipal Airport (lat. in place thereof. 31°11'10” N„ long. 81“28'50” W.) and the 3.5 Temperature variation, a. When the (n) By amending paragraph l.Oh of portion within the Brunswick (NAS Glynco) equipment is subjected to this test, the Appendix A by striking out the letters control zone. standards of the following paragraphs must “me” and inserting the letters “MHz” in be met: 2.1a; 2.2, except that at temperatures place thereof. B runsw ick, Ga. (NAS Glynco) below —15“ C, and above + 40“ C,, the Within a 5-mile radius of NAS Glynco sensitivity must be not less than —69 dbm This amendment is proposed under (lat. 31“15'30” N., long. 81°28'00” W.); and the variation of sensitivity of the re­ the authority of sections 313(a), 601 and within 1.5 miles each side of the Glynco ceiver between any mode on which it is 603 of the Federal Aviation Act of 1958 TACAN 055“ radial, extending from the 5- capable of operating must be less than 2 (49 U.S.C. 1354(a), 1421, and 1423), and mile radius zone to 5 miles northeast of the

No. 141---- 6 FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12290 PROPOSED RULE MAKING TACAN; within 2 miles each side of the days after publication of this notice in (5) In §71.181 (34 F.R. 4772) the Glynco TACAN 250° radial, extending from the F ederal R egister will be considered Sugar Land, Tex., transition area is the 5-mile radius zone to 6.5 miles west of the TACAN, excluding the portion that is within before action is taken on the proposed revoked. a 1.5-mile radius of Brunswick Municipal amendment. No public hearing is con­ (6) In § 71.181 (34 F.R. 4775) the Airport (lat. 31°11'10" N., long. 81<>28'50" templated at this time, but arrangements Tomball, Tex., transition area is revoked. W.) south of a line 3.5 miles south of and for informal conferences with Federal This amendment is proposed under parallel to NAS Glynco Runway 7 centerline Aviation Administration officials may be the authority of section 307(a) of the extended. made by contacting the Chief, Air Traf­ Federal Aviation Act of 1958 (49 U.S.C. B runsw ick, Ga. fic Division. Any data, views, or argu­ 1348) and of section 6(c) of the Depart­ That airspace extending upward from 700 ments presented during such conferences ment of Transportation Act (49 U.S.C. feet above the surface within an 8.5-mile must also be submitted in writing in ac­ 1655(c)). radius of NAS Glynco (lat. 31°15'30” N., long. cordance with this notice in order to be­ 81°28'50” W.); within an 8.5-mlle radius of come part of the record for considera­ Issued in Fort Worth, Tex., on July 15, Malcolm-McKinnon Airport (lat. 31°09'05" tion. The proposal contained in this 1969. N., long. 81°23'20” W .); within a 5-mile A. L. Coulter, radius of Jekyll Island Airport; within 3 notice may be changed in the light of miles each side of Brunswick VORTAC 203° comments received. Acting Director, Southwest Region. radial, extending from the Malcolm-McKin­ The official docket will be available [F.R. Doc. 69-8743; Filed, July 24, 1969; non Airport 8.5-mile and Jekyll Island Air­ for examination by interested persons 8:49 a.m.] port 5-mile radius areas to 8.5 miles south at the Office of the Regional Counsel, of the VORTAC; within 3 miles each side of Southwest Region, Federal Aviation the 268° bearing from Glynco RBN, extend­ ing from the NAS Glynco 8.5-mile radius Administration, Fort Worth, Tex. An [ 14 CFR Part 71 ] area to 8.5 miles west of the RBN; excluding informal docket will also be available [Airspace Docket No. 69-CE-55] the portion outside of the continental limits for examination at the Office of the of the United States. Chief, Air Traffic Division. TRANSITION AREA It is proposed to expand the 700-foot Since the last alteration of controlled portion of the , Tex., transition Proposed Designation airspace in the Brunswick terminal area, area to encompass five surrounding turbojet aircraft have begun utilizing The Federal Aviation Administration the Malcolm-McKinnon Airport and transition areas which would be revoked. is considering amending Part 71 of the NAS Glynco. The criteria for designat­ Additional controlled airspace would be Federal Aviation Regulations so as to ing controlled airspace for the protec­ designated to provide airspace sufficient designate a transition area at Sheldon, tion of IFR aircraft has been revised. to satisfy the needs of users and air Iowa. traffic control and to conform with Interested persons may participate in The application of Terminal Instru­ recently revised criteria. Included in ment Procedures (TERPs) and current the proposed rule making by submitting controlled airspace designation criteria, this additional airspace would be that such written data, views, or arguments appropriate to the Brunswick terminal airspace which is required to provide as they may desire. Communications controlled airspace protection for air­ should be submitted in triplicate to the area and associated instrument approach craft executing approach/departure pro­ procedures, requires increases and de­ Director, Central Region, Attention: creases in the width and length of con­ cedures proposed for the Humphrey Chief, Air Traffic Division, Federal Avia­ trol zone and transition area extensions, Airport, Baytown, Tex. tion Administration, Federal Building, an increase in the NAS Glynco transi­ The resultant simplified chart depic­ 601 East 12th Street, Kansas City, Mo. tion area basic radius circle, and the tion of the proposed 700-foot transition 64106. All communications received designation of an 8.5-mile transition area would be of benefit to the public within 45 days after publication of this area basic radius circle at Malcolm- because it would be more readily dis­ notice in the F ederal R egister will be McKinnon Airport. cernible due to the deletion of a con­ considered before action is taken on the This amendment is proposed under the' siderable amount of clutter from the proposed amendment. No public hearing authority of section 307(a) of the Fed­ charts. This would provide a clearer is contemplated at this time, but ar­ eral Aviation Act of 1958 (49 U.S.C. display of critical data. rangements for informal conferences 1348(a)) and of section 6(c) of the De­ In consideration of the foregoing, the with Federal Aviation Administration partment of Transportation Act (49 Federal Aviation Administration pro­ officials may be made by contacting the U.S.C. 1655(c)). poses to amend Part 71 of the Federal Regional Air Traffic Division Chief. Any Aviation Regulations as hereinafter set data, views, or arguments presented Issued in East Point, Ga., on July 16, forth: during such conferences must also be 1969. (1) Ip §71.181 (34 F.R. 47Q2, 6280) submitted in writing in accordance with James G. R ogers, the Houston, Tex., transition area 700- this notice in order to become part of Director, Southern Region. foot portion is amended to read: the record for consideration. The pro­ [P.R. Doc. 69-8742; Filed, July 24, 1969; posal contained in this notice may be 8:49 a.m.] H ouston, T ex. changed in the light of comments That airspace extending upward from 700 received. [ 14 CFR Part 71 1 feet above the surface within an area A public docket will be available for bounded by a line beginning at lat. 30°35' examination by interested persons in the [Airspace Docket No. 69—SW—49] 00” N„ long. 95°28'00” W., thence to lat. 29°45'00” N., long. 94°44'00” W., thence to Office of the Regional Counsel, Federal TRANSITION AREAS the intersection of the arc of a 5-mile radius Aviation Administration, Federal Build­ circle centered on Scholes Field, Galveston, ing, 601 East 12th Street, Kansas City, Proposed Alteration and Revocation Tex. (lat. 29°15'55” N„ long. 94651'35” W.), Mo. 64106. The Federal Aviation Administration and lat. 29°16'00” N. at a point east of A new public use instrument approach Scholes Field, thence clockwise along the procedure has been developed for the is considering amending Part 71 of the arc of the 5-mile radius circle to lat. 29° 16' Federal Aviation Regulations to desig­ 00” N. at a point west of Scholes Field, Sheldon, Iowa, Municipal Airport, utiliz­ nate, alter, revoke and redescribe con­ thence to lat. 29° 30'00” N., long. 95°54'00” ing a city-owned radio beacon located trolled airspace in the Houston, Tex., ter­ W., to lat. 30°26'00" N., long. 95°42'00” W., on the airport as a navigational aid. minal area. to point of beginning. Consequently, it is necessary to provide Interested persons may submit such controlled airspace protection for air­ written data, views, or arguments as they (2) In §71.181 (34 F.R. 4640) the craft executing this new approach pro­ may desire. Communications should be Alief, Tex., transition area is revoked. cedure by designating a transition area submitted in triplicate to the Chief, Air (3) In §71.181 (34 F.R. 4668) the at Sheldon, Iowa. The new procedure Traffic Division, Southwest Region, Fed­ Conroe, Tex., transition area is revoked. will become effective concurrently with eral Aviation Administration, Post Of­ (4) In §71.181 (34 F.R. 4690) the the designation of the transition area. fice Box 1689, Fort Worth, Tex. 76101. Galveston, Tex., transition area is The Minneapolis, Minn., Air Route Traf- All communications received within 30 revoked. fic Control Center will control IFR air

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 PROPOSED RULE MAKING 12291 traffic into and out of the Sheldon Southern Regional Office, Federal Avia­ special permits for several years» Under Municipal Airport. tion Administration, Room 724, 3400 these permits the pressure in the cyl­ In consideration of the foregoing, the Whipple Street, East Point, Ga. inder is limited to not over 1,000 pounds Federal Aviation Administration pro­ The Starkville transition area would per square inch gauge at 70° F. except poses to amend Part 71 of the Federal be designated as: that cylinders are permitted to be Aviation Regulations as hereinafter set That airspace extending upward from 700 charged up to 1,500 p.s.i.g. with dry and forth: feet above the surface within a 6.5-mile ra­ sulfur free gas. The regulations currently In § 71.181 (34 F.R. 4637), the follow­ dius of George M. Bryan Field; within 9.5 authorize shipments of carbon monoxide ing transition area is added: miles north and 4.5 miles south of Columbus, in these specification cylinders but do Miss., VORTAC 260° radial, extending from heldon owa not permit charging of cylinders over S , I 23 miles to 42 miles west of the VORTAC, ex­ That airspace extending upward from 700 cluding the portion within Columbus, Miss., 1,000 p.s.i.g. at 70° F., nor do they permit feet above the surface within a 5 y2 -mile transition area. such cylinders to be manifolded. In­ radius of Sheldon Muncipal Airport (latitude creased pressure has been permitted 43°12'30" N„ longitude 95°50'00" W.); and The proposed transition area is re­ on the basis that the corroding char­ within 3 miles each side of the 163° bearing quired for the protection of IFR oper­ acteristics of the gas are mitigated from Sheldon Municipal Airport, extending ations in climb from 700 to 1,200 feet when the gas is dry and sulfur free. from the 5% -mile radius area to 8 miles above the surface and in descent from There have been no reports of adverse south of the airport; and that airspace ex­ 1,500 to 1,000 feet above the surface. A experience registered with the Depart­ tending upward from 1,200 feet above the prescribed instrument approach proce­ surface within 4% miles west and 9 y2 miles ment in connection with shipments made east of the 163° and 343° bearings from Shel­ dure to George M. Bryan Field, utilizing under the terms of the permits. don Municipal Airport, extending from 6 the Columbus VORTAC, is proposed in This proposal would relocate the pack­ miles north to 18 y2 miles south of the air­ conjunction with the designation of this ing requirements for carbon monoxide port; and within 5 miles each side of the transition area. from § 173.304 to § 173.302(f) because 343 ° bearing from Sheldon Municipal Air­ This amendment is proposed under the this gas is not transported as a liquefied port, extending from the airport to 12 miles authority of section 307(a) of the Fed­ compressed gas as defined in § 173.301 north of the airport. eral Aviation Act of 1958 (49 U.S.C. 1348 (d). The manifolding provisions are set This amendment is proposed under the (a)) and of section 6(c) of the Depart­ forth in § 173.301(d) (2). Changes to authority of section 307(a) of the Fed­ ment of Transportation Act (49 U.S.C. §§ 172.5 and 173.304 are made to coincide eral Aviation Act of 1958 (49 U.S.G. 1655(c)). therewith. 1348), and of section 6(c) of the De­ Issued in East Point, Ga., on July 17. In consideration of the foregoing, it partment of Transportation Act (49 1969. is proposed to amend 49 CFR Parts 172 U.S.C. 1655(c)). / J ames G. R ogers, and 173 as follows: Issued in Kansas City, Mo., on July 9, Director, Southern Region. I. Part 172 would be amended as 1969. [F.R. Doc. 69-8745; Filed, July 24, 1969; follows: 8:49 a.m.] ’ (A) In § 172.5 paragraph (a), Com­ D aniel E. Barrow, modity List, would be amended to read Acting Director, Central Region. as follows: [F.R. Doc. 69-8744; Filed, July 24, 1969; Hazardous Materials Regulations § 172.5 List of explosives and other dan­ 8:49 a.m.] Board gerous articles. [ 49 CFR Parts 172, 173 ] (a) * * * [ 14 CFR Part 71 1 [Docket No. HM-29; Notice No. 69-21] [Airspace Docket No. 69-SO-74) Maximum CARBON MONOXIDE IN MANI­ Exemp- Label quantity Article Classed tions and required in 1 outside TRANSITION AREA FOLDED CYLINDERS as— packing if not container (see sec.) exempt by rail Proposed Designation Authorization of Shipments and express The Federal Aviation Administration Increased Filling Limitation is considering an amendment to Part 71 Change The Hazardous Materials Regulations Carbon F. G____ 173.306, Red 150 pounds. of the Federal Aviation Regulations that Board is considering amending §§ 172.5, monoxide. 173.302 gas. would designate the Starkville, Miss., 173.301, 173.302, and 173.304 of the De­ transition area. partment’s Hazardous Materials Regu­ II. Part 173 would be amended as . Interested persons may submit such lations to authorize shipments of carbon follows: written data, views, or arguments as they monoxide in manifolded cylinders, and (A) In § 173.301 paragraph (d) (2) may desire. Communications should be to extend the filling limitation for carbon would be amended to read as follows: submitted in triplicate to the Area Man­ monoxide cylinders under specified ager, Memphis Area Office, Attention: conditions. § 173.301 G eneral requirements for Chief, Air Traffic Branch, Federal Avia­ Interested persons are invited to give shipment of compressed gases in tion Administration, Post Office Box their views on this proposal. Communi­ cylinders.1 18097, Memphis, Tenn. 38118. All com­ cations should identify the docket num­ ***** munications received within 30 days after ber and be submitted in duplicate to (d) * * * publication of this notice in the F ederal the Secretary, Hazardous Materials Reg­ (2) Manifolding is authorized for cyl­ R egister will be considered before action ulations Board, Department of Trans­ inders of the following nonliquefied is taken on the proposed amendment. No portation, 400 Sixth Street SW., Wash­ gases: Boron trifluoride, carbon mon­ hearing is contemplated at this time, but ington, D.C. 20590. Communications re­ oxide, ethylene, hydrogen, hydrocarbon arrangements for informal conferences ceived on or before September 30, 1969 gases, and methane, provided individual with Federal Aviation Administration of­ will be considered before final action is cylinders are equipped with approved ficials may be made by contacting the taken on the proposal. All comments re­ safety relief devices as required by Chief, Air Traffic Branch. Any data, ceived will be available for examination § 173.34(d) or § 173.315(i), and further views, or arguments presented during by interested persons at the Office of the provided that each cylinder is equipped such conferences must also be submitted Secretary, Hazardous Materials Regula­ with individual shutoff valve, or valves, in writing in accordance with this notice tions Board, both before ahd after the which must be tightly closed while in in order to become part of the record for closing date for comments. transit. Manifold branch lines to these consideration. The proposal contained in Shipments of carbon monoxide in individual shutoff valves must be suffi­ this notice may be changed in the light of manifolded clyinders complying with ciently flexible to prevent injury to the comments received. specifications 3A, and 3AA, and having valves which otherwise might result from The official docket will be available for minimum service pressure of 2,400 p.s.i.g. the use of rigid branch lines. A tempera­ examination by interested persons at the have been made under the provisions of ture measuring device may be inserted

FEDERAL REGISTER, V O L 34, NO. 141—-FRIDAY, JULY 25, 1969 12292 PROPOSED RULE MAKING in one cylinder of a manifolded installa­ (C) In § 173.304 paragraph (a) (2) Department of Transportation Act (49 tion in place of the shutoff valve. Mani­ the table would be amended as follows: U.S.C. 1657), and Title VI and section folded cylinders for carbon monoxide § 173.304 Charging of cylinders with 902(h) of the Federal Aviatioil Act of must have a minimum service pressure liquefied compressed gas. 1958 (49 U.S.C. 1421-1430 and 1472(h)). of 2,400 p.s.i.g., and the pressure of this gas in the cylinder must not exceed 1,500 (a) * * * Issued in Washington, D.C., on July 22, p.s.i.g. at 70° P. ( 2 ) * * * 1969. * * * * * C. P. Murphy, Maximum Containers marked as shown in (B) In § 173.302 paragraph (f) would permitted this column or of the same Rear Admiral, U.S. Coast Guard, be added to read as follows: filling type with higher service by direction of Commandant, Kind oigas density pressure must he used except U.S. Coast Guard. § 173.302 Charging of cylinders with (see note as provided in § 173.34 (a), 1) (b), § 173.301(j) (see notes nonliquefied compressed gases. following table) R. N . W hitman, * * * * * Administrator, Federal Railroad Administration. (f) Carbon monoxide. Carbon monox­ Cancel Carbon ______DOT-3A1800; DOT-3AA1800; ide must be shipped in spec. 3A, 3AA, 3, monoxide. DOT-3; DOT-3E1800; The " P. C. T urner, or 3E (§§ 178.36, 178.37, 178.42 of this pressure in the cylinder must Administrator, chapter) cylinders having minimum not exceed 1,000 pounds per Federal Highway Administration. service pressure of 1,800 p.s.i.g. The pres­ square inch at 70° F. S am S chneider, sure in the cylinder must not exceed * * * * * 1,000 pounds per square inch gauge at Board Member, for the 70° P. except that if the gas is -dry and This proposal is made under the au­ Federal Aviation Administration. sulfur free then cylinders may be thority of sections 831-835 of title 18, [F.R. Doc. 69-8762; Filed, July 24, 1969; charged up to 1,500 p.s.i.g. United States Code, section 9 of the 8:51 a.m .]

FEDERAL REGISTER, V O L 34, NO. 141— FRIDAY, JULY 25 , 1969 12293 Notices

the Comptroller of the Currency, or the below are hereby classified for transfer DEPARTMENT OF THE TREASURY Secretary of the Treasury, whether or out of Federal ownership under one of not otherwise delegated, which is essen­ the following statutes: Public Land Sale Bureau of the Comptroller of the tial to the carrying out of responsibili­ Act of September 19, 1964 (43 U.S.C. Currency ties otherwise assigned to them. The re- 1421-27); section 8 of the Taylor Graz­ [Delegation Order 12] specitve officers will be notified when ing Act (43 UJS.C. 315g); Recreation and they are to cease exercising the authority Public Purposes Act of June 14, 1926 (44 FIRST DEPUTY COMPTROLLER OF delegated in this paragraph. Stat. 741) as amended and supplemented THE CURRENCY ET AL. 3. Delegation Order No. 11 is hereby(43 U.S.C. 869, 869-1, to 869-4). Publica­ repealed. tion of this notice has the effect of segre­ Order of Succession To Act as Dated: July 18, 1969. gating the described lands from all forms Comptroller of disposal under the public land laws, [seal] W illiam B. Camp, including the mining laws, except as to By virtue of the authority vested in Comptroller of the Currency. me by Treasury Department Order No. the forms of disposal for which the lands 129 (Rev. No. 2), dated April 22, 1955, [F.R. Doc. 69-8763; Filed, July 24, 1969; are classified. However, publication does 8:51 a.m.] not alter the applicability of the public it is hereby ordered as follows: land laws governing the use of the lands 1. The following officers in the Bureau under lease, license, or permit, or gov­ of Comptroller of the Currency, in the erning the disposal of their mineral and order of succession enumerated, shall act vegetative resources, other than the min­ as Comptroller of the Currency during DEPARTMENT OF THE INTERIOR ing laws. Those lands described in para­ the absence or disability of the Comp­ Bureau of Land Management graph 3a are further segregated from the troller of the Currency or when there is mineral leasing laws. As used herein, a vacancy in such office : [Colorado 8880] “public lands” means any lands with­ (1) Justin T. Watson, First Deputy Comp­ COLORADO drawn or reserved by Executive Order No. troller of the Currency. 6910 of November 26, 1934, as amended, (2) Thomas G. DeShazo, Deputy Comp­ Notice of Partial Termination of Pro­ or within a grazing district established troller of the Curency. pursuant to the Act of June 28, 1934 (48 (3) David C. Motter, Deputy Comptroller posed Withdrawal and Reservation of the Currency. of Lands Stat. 1269), as amended, which are not (4) John D. Gwin, Deputy Comptroller of J uly 17, 1969. otherwise withdrawn or reserved for a the Currency. Federal use or purpose. (5) John Nicoll, Administrative 'Assistant Notice of a Forest Service, U.S. De­ 2. Following publication of a notice of to the Comptroller of. the Currency. partment of Agriculture application, proposed classification (33 F.R. 207), and (6) Frank H. Ellis, Chief National Bank Colorado 8880, for withdrawal and reser­ the public hearing at Winnemucca, Nev., Examiner. vation of lands for the Chimney Rock which was held November 12, 1968, ob­ (7) Dean E. Miller, Deputy Comptroller of Archeological Area, was published as the Currency. F.R. Doc. 68-6847, on pages 9221 and jection was raised to the withdrawal of (8 ) Richard J. Blanchard, Deputy Comp­ 9222 of the issue for Wednesday, June 11, land in sec. 26, T. 36 N., R. 37 E., from troller of the Currency. 1969. The applicant agency, has can­ mineral entry due to its mineral (9) Albert J. Faulstich, Deputy Comptrol­ potential. Further investigation of the ler of the Currency. celled its application insofar as it affects land in sec. 26 revealed the objection to (10) Regional Administrator of National the following described land: segregation from mineral entry was Banks at Richmond, Va. New Mexico Principal Meridian based on sound geologic information. (11) Regional Administrator of National Banks at Philadelphia, Pa. SAN JUAN NATIONAL FOREST Therefore, the lands in question, the (12) Regional Administrator of National T. 34 N., R. 4 W., South of Ute Line, NVijNE^ and the NWy4 sec. 26, T. 36 Banks at New York City, N.Y. Sec. 20, wy2NEi4, NW^SE^, containing N., R. 37.E., are hereby deleted from the (13) Regional Administrator of National 120 acres. classification, and the segregation ef­ Banks at Cleveland, Ohio. fected by the notice of proposed classi­ (14) Regional Administrator of National Therefore, pursuant to the regulations fication is hereby terminated. Further Banks at Atlanta, Ga. contained in 43 CFR, Part 2311, such objection was raised to the proposed (15) Regional Administrator of National lands, at 10 a.m., on , 1969, will Banks at , Mass. be relieved of the segregative effect of classification as it concerned disposal of (16) Regional Administrator of National the above-mentioned application. lands containing sand dunes. However, Banks at , 111. in further discussion with the objecting (17) Regional Administrator of National J. Elliott Hall, parties, it was shown that areas contain­ Banks at Memphis, Tenn. Chief, Division of Lands and ing sand dunes of higher recreation value (18) Regional Administrator of National Minerals, Program Manage­ and covering considerably larger areas Banks at Kansas City, Mo. ment and Land Office. are being retained in Federal ownership. (19) Regional Administrator of National Two of the three conservation groups Banks at Minneapolis, Minn. [F.R. Doc. 69-8757; Filed, July 24, 1969; (20) Regional Administrator of National 8:50 a.m.] who objected to the proposed classifica­ Banks at Dallas, Tex. tion withdrew their opposition. The third made no further comment after the pro­ (21) Regional Administrator of National [Serial No. N-2710] Banks at Denver, Colo. posal was more fully explained. The (22) Regional Administrator of National NEVADA record showing the comments received Banks at , Calif. and other information is on file and can (23) Regional Administrator of National Notice of Classification of Public Lands Banks at Portland, Oreg. for Transfer Out of Federal Owner­ be examined in the Winnemucca District Office, Winnemucca, Nev, The public 2. In the event of an enemy attack on ship the continental United States, all Re­ J uly 3, 1969. lands affected by this classification are gional Administrators of National Banks, 1. Pursuant to the Act of September 19, shown on maps on file and available for including any Acting Regional Adminis­ 1964 (43 U.S.C. 1411-18) and the regula­ inspection in the Winnemucca District trators, are authorized in their respec­ tions in 43 CFR Parts 2410 and 2411, the Office and the Nevada Land Office, Bu­ tive regions to perform any function of public lands within the area described reau of Land Management, 300 Booth

FEDERAL REGISTER, VOL. 34, NO. 14T— FRIDAY, JULY 25, 1969 12294 NOTICES Street, Room 3104 Federal Building, T. 38 N., R. 39 E, tained in error certain lands which are Reno, Nev. Sec 36, all. within the Malheur National Forest. 3. The lands are located in HumboldtT 36 N., R. 40 E, These lands are not included in this County, Nev., and are described as Sec. 6, all except NE %NE% • notice, but are listed in'a separate notice follows: The public lands described above of termination. No other changes have a. The following lands are classified aggregate approximately 19,945.71 acres. been made in the list of lands in this for disposal under the Public Land Sale c. The following described lands areclassification. Act of September 19, 1964 (78 Stat. 986, classified for disposal under the Recrea­ 3. The public lands affected by this 43 U.S.C. 1421-1427): tion and Public Purposes Act of June classification are located within the fol­ 14, 1926 (44 Stat. 741) as amended and lowing described areas and are shown Mount Diablo Meridian supplemented (43 U.S.C. 869, 869-1 to on maps designated OR 4189, 2411.2 : HUMBOLDT COUNTY 869-4): 36-030, December 1968, on file in the T. 35 N., R. 37 E., Mount D iablo Meridian Vale District Office, Bureau of Land Sec. 4, lots 1, 2, 3, 4, SW^NW&I Management, Vale, Oreg., and the Land Sec. 6, all; HUMBOLDT COUNTY Office, Bureau of Land Management, 729 Sec. 10, sy 2Sy2; T. 36 N., R. 38 E„ Northeast Oregon Street, Portland, Sec. 12, all; Sec. 28, SE14SE14. Sec. 30, lots 3, 4, E%SW%, N ^SE ^, Oreg. SW%SE%. The public lands described above Willamette Meridian T. 36 N„ R. 37 E„ aggregate approximately 40 acres. MALHEUR COUNTY Sec. 34, NE%, NWi4, NW&SEft, 4. Applications for exchange will not T. 14 S„ R. 41 E„ T. 35 N., R. 38 E., be accepted until such time as prospec­ Sec. 24. Sec. 18, all; tive exchange proponents have been fur­ T. 14 S., R. 42 E., Sec 30, E%. Secs. 19 to 26, inclusive, secs. 28 and 34. T 36 N„ R. 38 E„ nished a statement that proposals are T. 14 S., R. 43 E., Sec. 1, lots 5-14 inclusive, S%SW^4. feasible in accordance with 43 CFR Sec. 30. (The notice of proposed classification 2244.1-2 (b) (1). T. 15 S., R. 37 E., contained an error in the description of 5. For a period of 30 days from the Sec. 14, S%; public lands in sec. 1, T. 36 N., R. 38 E. date of publication in the F ederal R egis­ Secs. 24 and 26. The notice of proposed classification de­ ter, this classification shall be subject T. 15 S., R. 38 E„ scribed the land in question as the S%, to the exercise of administrative review Secs. 6 to 8, inclusive, and secs. 17 to 20, whereas the correct description is lots and modification by the Secretary of the inclusive. 5-14 inclusive, and the SJ^SW^.) Interior as provided for in 43 CFR T. 15 S., R. 42 E„ The public land described above aggre­ 2411.2(c). Secs. 2, 10, 12, 14, 22, 23, 26, 27, and 35. gate approximately 3,466.26 acres. T. 15 S., R. 43 E„ b. The following described lands are R olla E. Chandler, Secs. 2 to 4, inclusive, secs. 8, 10, 11, 13, 14, Acting State Director, Nevada. secs. 16 to 18, inclusive, secs. 20, 22, 28, classified for exchange under section and 32. 8(b) of the Taylor Grazing Act of June [PR. Doc. 69-8714; Filed, July 24, 1969; T. 15 S6 R. 44 E., 8:47 a.m.] Sec. 30. 28, 1934 (48 Stat. 1272, 49 Stat. 1976; 43 T. 16 S„ R. 42 E„ U. S.C. 315g; 43 CFR Subpart 2244): [OR 4189] Secs. 1 to 3, inclusive, and secs. 11 to 15, Mount Diablo Meridian inclusive. OREGON T. 16 S„ R. 43 E„ HUMBOLDT COUNTY Sec. 28. T. 37 N., R. 38 E., Notice of Classification of Public Lands T. 16 S„ R. 46 E„ Sec. 2, all except SyjNE^; for Multiple-Use Management Sec. 19. Sec. 3, all; T. 18 S., R. 37 E„ Sec. 10, all; April 10, 1969. Sec. 29. Sec. 11, SW%; T. 18 S.,R. 43 E., Sec. 12, all; 1. Pursuant to the Act of Septem­ Secs. 2, 26, and 34. Sec. 14, all; ber 19, 1964 (43 U.S.C. 1411-1418) and T. 19 S., R. 42 E., Sec. 15.NE14; to the regulations in 43 CFR Parts 2410 Secs. 24, 26, and 28. Sec. 16, Ei/2 NE %, SE14; and 2411, all of the public lands within T. 20 S., R. 41 E., Sec. 22, Ei/2NEi4, NW%NE%, NE^NW ^, the areas described in paragraph 3 are Sec. 12. SW1/4NW1/4, SWi/4, N E ^ S E ^ , S W ^ S E ^ , hereby classified for multiple-use man­ T. 20 S„ R. 45 E„ SE^SE^; agement. Publication of this notice has Secs. 14 and 15, and secs. 17 to 22, inclusive. Sec. 23, all; the effect of segregating the described T. 21 S., R. 37 E„ Sec. 24, all; Secs. 13 to 15, inclusive, secs. 18, 21, and 24 Sec. 25, aU; lands from appropriation only under the T. 21 S., R. 38 E., Sec. 26, all; agricultural land laws (43 U.S.C. Parts 7 Secs. 18, 19, and 29. Sec. 27, all except SE^4 > and 9; 25 U.S.C. sec. 334), and from sales T. 24 S., R. 37 E., Sec. 28, NE%, Ei/2SE%NWy4, SW%; under section 2455 of the Revised Sec. 31. Sec. 33, all except S%SE%; Statutes (43 U.S.C. 1171). The lands T. 24 S., R. 41 E., Sec. 34, W%NW%; shall remain open to all other applicable Secs. 5, 8, and 17. Sec. 36, Ny2NW%, SWy4NWy4. forms of appropriation, including the T. 25 S., R. 37 E., . T. 38 N., R. 38 E„ Secs. 18, 20, 28, 30, 32, and 34. Sec. 15, Ey2NEi4, Ei/2SE^; mining and mineral leasing laws. As T. 26 S., R. 38 E., Sec. 22, Ei/2; used herein, “public lands” means any Secs. 26 and 35. Sec. 27, Ei/2; lands withdrawn or reserved by Execu­ T. 26 S., R. 39 E., Sec. 34, NE14, Ei/2NWi4, Ey2 SW14, SE14; tive Order No. 6910 of November 26,1934, Secs. 14, 22, and 34. Sec. 36, Ny2NE%, SW%NE}4, NW1/^ as amended, or within a grazing district T. 26 S„ R. 40 E., Ny2swy4, sw &8w k , se ^ se ^ . established pursuant to the Act of Secs. 18 to 20, inclusive, and secs. 28 to 31, T. 37 N., R. 39 E., June 28, 1934 (48 Stat. 1269), as inclusive. Sec. 4, all; amended, which are not otherwise with­ T. 26 S., R. 42 E., Sec. 6, all; drawn or reserved for a Federal use or Secs. 13, 21, 24,31, and 32. Sec. 8; all; T. 26 S„ R. 45 E„ Sec. 16, all; purpose. Secs. 28 to 33, inclusive. Sec. 17, SE14; 2. No adverse comments were received T. 27 S., R. 38 E., Sec. 18, all; following publication of the notice of Secs. 23, 33, and 35. Sec. 19, SE^4; proposed classification (33 F.R. 20057) or T. 27 S„ R. 39 E„ Sec. 20, all; at the public hearing held at Vale, Oreg., Secs. 3,17,18, 21, and 22. Sec. 21,NW1/4: T. 27 S., R. 40 E., on January 30,1969. The record showing Secs. 6 and 7. Sec. 24, all except SW^SW^S the comments received and other in­ Sec. 26, aU except NE14NE14; T. 28 S„ R. 44 E., Sec. 28, all except NW}4NW}4; formation is on file and can be examined Secs. 10 and 15. Sec. 29, NW&; in the Vale District Office, Vale, Oreg. T. 28 S., R. 46 E., Sec. 30, all; The December 31, 1968, notice of pro­ Secs. 13 to 15, inclusive, secs. 18, 27, 29, Sec. 36, all. posed classification (33 F.R. 20057) con- and 30. L REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 2 i, 1969 NOTICES 12295 T. 29 S„ R. 46 E., 1969, relieved of any segregative effect If circumstances warrant it, a public Sec, 35. T. 30 S., R. 40y2 E., the above mentioned proposed classifica­ hearing will be held at a convenient time Sec. 1. tion may have had. and place which will be announced. T. 30 S„ R. 42 E., The lands involved in this notice of The lands involved in the application Secs. 28 and 33. termination are: are: Willamette Meridian T. 30 S., R. 44 E., Willamette Meridian Sec. 5. MALHEUR NATIONAL FOREST T. 30 S., R. 45 E., MALHEUR COUNTY Secs. 16, 20, and 30. T. 15 S., R. 37 E„ Yellowjacket Campground and Admisistra- T. 30 S„ R. 46 E., Sec. 14, N ^ . tive Site Sec. 2. T. 19 S., R. 29 E„ T. 31 S., R. 40 E„ GRANT COUNTY Sec. 32, W/aSW^NE^, W y2 S W (4 N W ^ Sec. 35. T. 16 S., R. 36 E„ NWi/4 , SW1/4 NW1/4 , wy2SW(4 SE%NWi/4 , T. 31 S., R. 41 E., Sec. 26, W ^. E y2 E y2 SE Î4 N W1/4, W y2 W y2 NE ^ S W %, Sec. 30. T. 17 S., R. 36 E„ wy2swi/4 , s y2 n e i/4 se % s w 14, wy2SEi/4 T. 31 S., R. 42 E., Sec. 21.Ni/2.SWi/4 . SW1/4, SE1/4SE1/4SW1/4, and Wy2wy2SEV4. Sec. 4. T. 32 S., R. 40 E., D aniel P. B aker, Joaquin Miller Administrative Site Secs. 2, 14, and 24. Acting State Director. T. 20 S., R. 31 E., T. 32 S,, R. 41 E., Secs. 1, 6, and 11. [P.R. Doc. 69-8716; Filed, July 24, 1969; Sec. 23, EÎ4NE1/4NW1/4. T. 32 S., R. 46 E., 8:47 a.m.] The areas described aggerate 265 acres. Sec. 33. T. 33 S., R. 40 E„ Virgil O. S eiser, Sec. 2. [OR 5051] Chief, Branch of Lands. T. 33 S., R. 46 E„ OREGON [F.R. Doc. 69-8758; Filed, July 24, 1969; Secs. 7 to 9, inclusive. 8:50 a.m.] T. 34 S., R. 46 E„ Notice of Proposed Withdrawal and Sec. 36. Reservation of Lands T. 35 S., R. 37 E., [Wyoming 16495] Secs. 4, 11, 13, 30, and 31. July 16, 1969. T. 35 S., R. 45 E„ WYOMING Secs. 14 and 33. The Department of Agriculture, on be­ T. 35 S., R. 46 E., half of the Forest Service, has filed ap­ Notice of Classification of Public Lands Sec. 2. plication, OR 5051, for the withdrawal T. 40 S., R. 44 E„ of the public lands described below, from for Multiple-Use Management Secs. 26 and 29. all forms of appropriation under the J uly 18,1969. T. 41 S., R. 42 E„ Secs. 2, 4, 9, 11, 13, and 14. public land laws including the mining 1. Pursuant to the Act of Septem­ T. 41 S„ R. 44 E., laws, but not the mineral leasing laws. ber 19, 1964 (43 U.S.C. 1411-18) and to Secs. 12, 13, and 24. The applicant desires the lands for the the regulations in 43 CFR Parts 2410 and GRANT COUNTY Yellowjacket Campground and Adminis­ 2411, the public lands described below trative Site and the Joaquin Miller Ad­ are hereby classified for multiple-use T. 16 S., R. 36 E., ministrative Site in connection with the management. Publication of this notice Sec. 25, Ey2 sec. 26, and sec. 35. administration of the Malheur National T. 17 S., R. 36 E„ segregates the land from all forms of Secs. 10, 15, SE& sec. 21, and sec. 22. Forest. appropriation under the public land laws, For a period of 30 days from the date including the mining laws. The lands will The public lands in the areas described of publication of this notice, all persons remain open to mineral leasing. As used aggregate approximately 56,770 acres. who wish to submit comments, sugges­ herein, “public lands” means any lands 4. For a period of 30 days from thetions, or objections in connection with withdrawn or reserved by Executive date of publication in the F ederal R eg­ the proposed withdrawal may present Order 6910 of November 26, 1934, as ister, this classification shall be subject their views in writing to the undersigned amended. to the exercise of administrative review officer of the Bureau of Land Manage­ 2. Notice of proposed classification was and modification by the Secretary of the ment, Department of the Interior, 729 issued to interested parties , Interior as provided for in 43 CFR 2411.2 Northeast Oregon Street (Post Office 1968. Newspaper and radio coverage was (c). Interested parties may submit com­ Box 2965), Portland, Oreg. 97208. run concurrently. No adverse response ments to the Secretary of the Interior, The authorized officer of the Bureau of has been received. Written endorsement LLM 721, Washington, D.C. 20240, for a Land Management will undertake such of the proposal is contained in the case period of 30 days following publication of investigations as are necessary to deter­ file at the Land Office, Bureau of Land this notice. mine the existing and potential demand Management, 2120 Capitol Avenue, D aniel P. Baker, for the lands and their resources. He Cheyenne, Wyo. Acting State Director. will also undertake negotiations with the 3. Public lands affected by this pub­ [P.R. Doc. 69-8715; Piled, July 24, 1969; applicant agency with the view of ad­ lication are: . 8:47 a.m.] justing the application to reduce the areas to the minimum essential to meet Sixth Principal Meridian the applicant’s needs, to provide for the CARBON COUNTY, WYO. [OR 4189] maximum concurrent utilization of the T. 15 N., R 82 W., lands for purposes other than the appli­ Sec. 14, SW14NW14, Sy2SEi/4NWi/4, SW^, OREGON cant’s, to eliminate lands needed for pur­ SW1/4 NW14 SE 14, and S y2 SE %; Notice of Termination of Proposed poses more essential than the appli­ Sec. 15, Ny/NEi/4, N E^SW ^N Ei/, Classification of Public Lands cant’s, and to reach agreement on the SE14NE14, Ny2Nwi/4 , Ni/2sw y4Nwy4, concurrent management of the lands and SW1/4SW1/4NW1/4, and Ey2Ey2SEi/4 ; April 10, 1969. * their resources. Sec. 23, Ny2NEi/4 , Ny2Sy2NEi/4 , Ny2NWi/4 , Notice of a proposed classification of He will also prepare a report for con­ and N i/2 SE1/4 NW 14. public lands for multiple-use manage­ sideration by the Secretary of the In­ The land described aggregates 810 ment was published as F.R. Doc. 68-15513 terior whb will determine whether or not acres and is referred to as the Bennett on pages 20057 and 20058 of the issue for the lands will be withdrawn as requested Peak Recreation Area. December 31, 1968. The proposed classi­ by the applicant agency. The lands are shown on maps and fication has been canceled insofar as it The determination of the Secretary on status plats on file in the Rawlins Dis­ involved the lands described below. the application will be published in the trict, Bureau of Land Management, Therefore, pursuant to the regulations F ederal R egister. A separate notice will Rawlins, Wyo., and the Land Office, contained in 43 CFR 2411.2(e) (2) (ii), be sent to each interested party of Bureau of Land Management, 2120 such lands will be at 10 a.m. August 15, record. Capitol Avenue, Cheyenne, Wyo.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12296 NOTICES 4. For a period of 30 days from thedenying to the above-named respondents shall include participation, directly or date of publication of this notice in the all export privileges for an indefinite indirectly, in any manner or capacity: F ederal R egister, this classification shall period because the said respondents failed (a) As a party or as a representative of be subject to the exercise of administra­ to furnish answers to interrogatories and a party to any validated export license tive review and modification by the Sec­ failed to furnish certain records and application; (b) in the preparation or fil­ retary of the Interior as provided for in other writings specifically requested, ing of any export license application or 43 CFR 2411.2c. without good cause being shown. This reexportation authorization, or any Ed P ierson, application was made pursuant to document to be submitted therewith ; (c) State Director. § 388.15 of the Export Control Regula­ in the obtaining or using of any validated tions (Title 15, Chapter HI, Subchapter or general export license or other export [F.R. Doc. 69-8717; Filed, ,Tuly 24, 1969; control document; (d) in the carrying on 8:47 a.m.] B, Code of Federal Regulations). In accordance with the usual practice, of negotiations with respect to, or in the the application was reviewed by the receiving, ordering, buying, selling, de­ Fish and Wildlife Service Compliance Commissioner, Bureau of livering, storing, using, or disposing of International Commerce, who after con­ any commodities or technical data in [Docket No. S—471] sideration of the evidence has recom­ whole or in part exported or to be ex­ B & H FISHERIES, INC. mended that the application be granted. ported from the United States; and (e) The report of the Compliance Commis­ in the financing, forwarding, transport­ Notice of Loan Application sioner and the evidence in support of the ing, or other servicing of such com­ modities or technical data. July 17, 1969. application have been considered. The evidence presented shows the fol­ III. Such denial of export privileges B & H Fisheries, Inc., Route 2, Box lowing: The respondent firm Steine­ shall extend not only to the respondents, 74-24, Ruddell Road, Olympia, Wash. mann Beadon Ltd., is a private limited but also to their agents and employees 98500, has applied for a loan from the liability company with a place of busi­ and to any person, firm, corporation, or Fisheries Loan Fund to aid in financing ness in Hounslow, Middlesex, England; business organization with which they the construction of a new 72-foot length the company carries on business as coat­ now or hereafter may be related by affili­ overall steel vessel to engage in the fish­ ing engineers and consultants; the re­ ation, ownership, control, position of re­ ery for Dungeness crab, king crab, Tan­ spondent D. V. Beadon is a director of sponsibility, or other connection in the ner crab, salmon, shrimp, and albacore said firm and participated in the trans­ conduct of trade or services connected tuna. actions hereinafter mentioned; the re­ therewith. Notice is hereby given pursuant to the spondents ordered strategic U.S.-origin IV. This order shall remain in effect provisions of Public Law 89-85 and Fish­ electronic equipment from a United until the respondents provide responsive eries Loan Fund Procedures (50 CFR Kingdom subsidiary of a U.S. firm and answers, written information, and docu­ Part 250, as revised) that the above- certain said equipment was delivered to ments in response to the interrogatories entitled application is being considered respondents. heretofore served upon them or give ade­ by the Bureau of Commercial Fisheries, The said Investigations Division is quate reasons for failure to do so, except Fish and Wildlife Service, Department of conducting an investigation into the insofar as this order may be amended or the Interior, Washington, D.C. 20240. facts and circumstances regarding the modified hereafter in accordance with Any person desiring to submit evi­ ordering of said equipment, the intended the Export Control Regulations. dence that the contemplated operation disposition thereof, and the disposition V. No person, firm, corporation, part­ of such vessel will cause economic of the equipment that respondents nership, or other business organization, hardship or injury to efficient vessel received. whether in the United States or else­ operators already operating in that It is impracticable to subpoena the re­ where, without prior disclosure to and fishery must submit such evidence spondents, and relevant and material specific authorization from the Bureau in writing to the Director, Bureau written interrogatories and requests to of International Commerce, shall do any of Commercial Fisheries, within 30 days furnish certain specific documents relat­ of the following acts, directly or indirect­ from the date of publication of this ing to the matters under investigation ly, or carry on negotiations with respect notice. If such evidence is received It will were served on them pursuant to § 388.15 thereto, in any manner or capacity, on be evaluated along with such other evi­ of the Export Control Regulations. The behalf of or in any association with dence as may be available before making respondents have failed to furnish an­ the respondents or any related party, a determination that the contemplated swers to the interrogatories and have or whereby the respondents or any re­ operations of the vessel will or will not failed to furnish the documents re­ lated party may obtain any benefit there­ cause such economic hardship or injury. quested, all as required by said section. from or have any interest or participa­ R ussell T. N orris, They have not shown good causé for such tion therein, directly or indirectly; (a) Assistant Director for failure. I find that an order denying apply for, obtain, transfer or use any Resource Development. export priviliges to said respondents for license, Shipper’s Export Declaration, an indefinite period is reasonably neces­ bill of lading, or other export control [F.R. Doc. 69-8719; Filed, July 24, 1969; document relating to any exportation, 8:47 a.m.] sary to protect the public interest and to achieve effective enforcement of the Ex­ reexportation, transshipment or di­ port Control Act of 1949, as amended. version of any commodity or technical Accordingly, it is hereby ordered: data exported or to be exported from I. All outstanding validated export li­ the United States, by, to, or for any such ' DEPARTMENT OF COMMERCE censes in which respondents appear or respondent or related party denied ex­ Bureau of International Commerce participate in any manner or capacity are port privileges; or (b) order, buy, re­ hereby revoked and shall be returned ceive, use, sell, deliver, store, dispose [File No. 23 (67)-34] forthwith to the Bureau of International of forward, transport, finance, or other­ STEINEMANN BEADON, LTD., AND Commerce for cancellation. wise service or participate in any expor­ D. V. BEADON II. The respondents, their representa­ tation, reexportation, transshipment, or tives, agents, and employees hereby are diversion of any commodity or technical Order Denying Export Privileges for denied all privileges of participating, di­ data exported or to be exported from Indefinite Period rectly or indirectly, in any manner or the'United States. capacity, in any transaction involving VI. A copy of this order shall be served In the matter of Steinemann Beadon, on respondents. Ltd., and D. V. Beadon, Hodford House, commodities or technical data exported 17/27 High Street, Hounslow, Middlesex, from the United States in whole or in VH. In accordance with the provisions England, respondents; File No. 23(67)- part, or to be exported, or which are of § 388.15 of the Export Control Regu­ otherwise subject to the Export Control lations, the respondents may move at 34. The Director, Investigations Division, Regulations. Without limitation of the Office of Export Control, Bureau of In­ generality of the foregoing, participation any time to vacate or modify this In­ ternational Commerce, U.S. Department prohibited in any such transaction, definite Denial Order by filing with the of Commerce, has applied for an order either in the United States or abroad, Compliance Commissioner, Bureau of FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12297

International Commerce, U.S. Depart­ MOBAY CHEMICAL CO. Chicago, HI. 60611, proposing that § 121.- ment of Commerce, Washington, D.C. 2511 Plasticizers ' in polymeric sub­ 20230, an appropriate motion for relief, Notice of Filing of Petition for Food stances (21 CFR 121.2511) be amended supported by substantial evidence, and Additives to provide for the safe use of triethylene may also request an oral hearing there­ Pursuant to the provisions of the Fed­ glycol dibenzoate as a plasticizer in poly­ on, which, if requested shall be held be­ eral Food, Drug, and Cosmetic Act (sec. meric substances intended for use in fore the Compliance Commissioner at 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 contact with food. Washington, D.C., at the earliest con­ (b)(5)), notice is given that a petition Dated: , 1969. venient date. (FAP 9B2430) has been filed by Mobay This order shall become effective on Chemical Co., Penn Lincoln Parkway R. E. D uggan, July 21, 1969. Acting Associate Commissioner West, , Pa. 15205, on behalf of for Compliance. Dated: July 11, 1969. Farbenfabriken Bayer A.G., Leverkusen, Federal Republic of , proposing [F.R. Doc. 69-8713; Filed, July 24, 1969; R auer H. Meyer, that § 121.2574 Polycarbonate resins (21 8:47 a.m.] Director, Office of Export Control. CFR 121.2574) be amended to provide [F.R. Doc. 69-8746; Filed, July 24, 1969; for the safe use of 2,6-bis(2'-hydroxy- 8:50 a.m.] 5'-methylbenzyl)-4-methylphenol in the production of polycarbonate resins in­ CIVIL AERONAUTICS BOARD tended for food-contact use. [Docket No. 20993; Order 69-7-76] Dated: July 16, 1969. DEPARTMENT OF HEALTH, EDU­ INTERNATIONAL AIR TRANSPORT R. E. D uggan, ASSOCIATION Acting Associate Commissioner CATION, AND WELFARE for Compliance. Order Regarding Cargo Rates Food and Drug Administration [F.R. Doc. 69-8711; Filed, July 24, 1969; J uly 16, 1969. ELANCO PRODUCTS CO. 8:47 a.m.] Agreement adopted by the Traffic Con­ ferences of the International Air Trans­ Notice of Filing of Petition Regarding port Association relating to cargo rates. Pesticide Chemical STAUFFER CHEMICAL CO. An agreement has been filed with the Pursuant to the provisions of the Fed­ Notice of Filing of Petition Regarding Board, pursuant to section 412(a) of the eral Food, Drug, and Cosmetic Act (sec. Pesticide Chemical Federal Aviation Act of 1958 (the Act) 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a and Part 261 of the Board’s economic (d)(1)), notice is given that a petition Pursuant to the provisions of the Fed­ regulations, between various air carriers, (PP 9F0851) has been filed by Elanco eral Food, Drug, and Cosmetic Act (sec. foreign air carriers, and other carriers, Products Co., Division of Eli Lilly & Co., 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a embodied in the resolutions of the Traf­ Indianapolis, Ind. 46206, proposing the (d)(1)), notice is given that a petition fic Conferences of the International Air establishment of tolerances (21 CFR (PP 9F0852) has been filed by Stauffer Transport Association (LATA). The 120.207) for negligible residues of the Chemical Co., 1200 South 47th Street, agreement, which has been assigned the herbicide trifluralin in or on the raw Richmond, Calif. 94804, proposing the es­ above-designated CAB agreement num­ agricultural commodities wheat grain tablishment of tolerances (21 CFR ber, was adopted at meetings held in and wheat straw at 0.05 part per million. 120.241) for negligible residues of the in April and May of 1969 and is The analytical method proposed in the herbicide

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12299

interest in this bankrupt corporation be­ significance should not be considered as tion II of the application, we do not agree comes significant in light of the fact that a disqualifying issue, but rather should that the circumstances surrounding the Hendersonville’s financial proposal is a be considered under the contingent com­ nondisclosure warrant the addition of a very thin one which prompted the Com­ parative issue.4 disqualifying issue to this proceeding. mission, on its own motion, to add a 4. In reply, Great Southern argues In spite of the petitioner’s contentions, financial issue against Hendersonville. that Steinhauer’s explanation concern­ we fail to see how the omission has any On this basis, Great Southern urges en­ ing his failure to understand the appli­ bearing on Steinhauer’s ability to meet largement of the issues in this proceed­ cation form’s instructions is inadequate his commitment to Hendersonville or ing as follows: since Steinhauer apparently disclosed all that applicant’s financial qualifications; To determine whether the failure of of his other business interests in Table and we, therefore, have no reason to Hendersonville Broadcasting Corp., Inc., II. The petitioner notes the fact that suspect' the veracity of Steinhauer’s to disclose in the application that its Steinhauer was one of the principal sworn statement concerning the inad­ president, director and 20 percent stock­ stockholders in the bankrupt corpora­ vertent nature of the omission. However, holder, John M. Steinhauer, Jr., was an tion as well as its principal executive of­ despite our rejection of petitioner’s officer and a director of Sterling Opti­ ficer and that as official court records approach, we are faced with Henderson­ cians, Inc., a bankrupt corporation, with­ indicate (attached to petitioner’s reply), ville’s conceded failure to submit com­ in the 5-year period immediately preced­ he participated in every stage of the plete and accurate information to the ing the filing of the Hendersonville ap­ bankruptcy proceedings. Great Southern Commission. Under such circumstances, plication reflects adversely upon the also take issue with Hendersonville’s we agree with the Broadcast Bureau qualifications of Hendersonville Broad­ claim that Steinhauer’s interest in the that, while a disqualifying issue would casting Oorp., Inc., and its principals to bankrupt corporation has no bearing on be inappropriate here, an issue inquiring be a licensee of this Commission. the applicant’s financial qualifications. into the nondisclosure and its effect on 3. In opposition, Hendersonville con­In support of this point, petitioner notes the applicant’s comparative qualifica­ cedes that the salient facts alleged by that the Hendersonville application tions is appropriate and will be specified. Great Southern are accurate, but dis­ failed to establish that Steinhauer has Cf. Kittyhawk Broadcasting Corpora­ agrees with the conclusions drawn by sufficient funds to meet his financial tion, 17 FCC 2d 602, 16 RR 2d 73 (1969); the petitioner. The applicant contends commitment to the applicant and that Minshall Broadcasting Company, Inc., 10 that Steinhauer had no intention of con­ the applicant’s proposed bank loan re­ FCC 2d 647, 11 RR 2d 754 (1967); Adi­ cealing his connection with Sterling quires the endorsement and guarantee rondack Television Corporation, 6 FCC Opticians and that his failure to disclose of the individual stockholders. Under 2d 156, 8 RR 2d 1311 (1966) .B this fact was the result of oversight and these circumstances, therefore, the peti­ 6. Accordingly, it is ordered, That the misapprehension of Commission require­ tioner argues that the fact that the chief petition to enlarge issues, filed April 28, ments. In an affidavit attached to the officer and one' of the principal stock­ 1969, by William O. Barry, trading as opposition pleading, Steinhauer explains holders of the applicant was recently in­ Great Southern Broadcasting Co., is his association with Sterling Opticians volved in a bankrupt corporation be­ granted to the extent that the issues and his attempt to salvage the company comes important here under the financial in this proceeding are enlarged by the from financial difficulties and under­ qualifications issue; and that Hender­ addition of the following issue and is scores his belief that the application sonville should not be heard to argue denied in all other respects: To deter­ form only called for information con­ that Steinhauer’s personal financial situ­ mine whether Hendersonville Broadcast­ cerning personal bankruptcies. Hender­ ation is somehow insulated from and ing Corp., Inc. (or its principals), failed sonville argues that, in any event, Great irrelevant to the fact that he was a to submit accurate and complete infor­ Southern has made no showing with re­ prime mover in a bankrupt corporation. mation in its pending application, as spect to the relationship between the According to the petitioner, the failure required by section n, FCC Form 301; corporate bankruptcy and Steinhauer’s to disclose Steinhauer’s association with and, if so, whether such failure reflects personal financial situation insofar as it Sterling Opticians was a serious with­ adversely on the comparative qualifica­ may affect his commitments to Hender­ holding of essential information in the tions of the applicant under the contin­ sonville.8 The applicant notes that the context of this hearing, and the appli­ gent comparative issue specified in the cant’s response of inadvertent omission Commission’s designation order. very nature of a corporation insulates its is unreasonable in light of the clear in­ individual stockholders from personal structions of Table II of the application 7. It is further ordered, That the bur­ liability. It is Hendersonville’s ultimate form. den of proceeding with the introduction position that the petitioner has failed 5. Petitioner’s request seeks the addi­ of evidence under the issue added herein to allege facts sufficiently specific to meet will be on William O. Barry, trading as the requirements of § 1.229 of the Com­ tion of an issue to determine whether mission’s rules. In its comments on peti­ Hendersonville’s failure to disclose Stein­ Great Southern Broadcasting Co., and tioner’s request, the Broadcast Bureau hauer’s association with Sterling Opti­ the burden of proof will be on Hender­ cians, a bankrupt corporation, reflects sonville Broadcasting Corp., Inc. states that Steinhauer’s association with adversely upon the applicant’s qualifi­ Sterling Opticians should have been re­ Adopted: July 14,1969. ported in Table II of section II of the cations to be a Commission licensee. application form which requires infor­ Great Southern alleges that such omis­ Released: July 15,1969. mation concerning the occupation, busi­ sion assumes significance since it may affect Steinhauer’s ability to meet his F ederal Communications ness, and financial interests, at present commitments to the applicant in the Commission,8 and during the past 5 years, of the appli­ form of a capital stock subscription and [seal] B en F. Waple, cant and each party thereto. The Bureau a loan endorsement and, as a result, Secretary. also asserts that the bankruptcy of the applicant’s financial qualifications. [F.R. Doc. 69-8765; Filed, July 24, 1969; Sterling Opticians should have been re­ While we agree that the disclosure of 8:51 a.m.] ported by Hendersonville and Steinhauer Steinhauer’s association with Sterling in response to Question 10(f) of section Opticians should have been made in sec- 6 Hendersonville’s admission of petitioner’s II, and that the fact of incorporation factual allegations in its responsive plead­ should not be permitted to shield Stein­ ing does not relieve the applicant of its duty hauer from the obligation of reporting 4 The Bureau states that the attachments to maintain an accurate and complete appli­ that fact. It is the Bureau’s position, to Great Southern’s petition, noted above, cation under the provisions of § 1.65 of the however, that, in light of the applicant’s are sufficient to comply with the require­ rules. Even though there may have been ments of § 1.229(c) of the Commission’s some confusion about the requirements of explanation of these omissions, their rules. The Bureau also notes that the affi­ the application form at the time of the prep­ davit of the Secretary of State of Tennessee aration of the Hendersonville application, 3 Steinhauer has subscribed for 612% refers to one “John N. Steinhauer, Jr.” our discussion here should be sufficient indi­ shares of the capital stock of Hendersonville rather than to John M. Steinhauer, Jr., the cation that an amendment to the application Broadcasting Corp., Inc., at $20 per share. applicant’s president. The Board, as the Bu­ is appropriate. He has also agreed to act as a guarantor of reau does in its comments, assumes that the 6 Review Board Member Pincock absent a proposed $40,000 bank loan to the appli­ difference in the middle initial is the result and Board Member Berkemeyer dissenting cant. of a typographical error. and voting to add a disqualifying issue.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12300 NOTICES The Commission orders: (A) Under vised to the contrary within 15 days after FEDERAL POWER COMMISSION the Natural Gas Act, particularly sec­ the filing of its agreement and under­ [Docket No. RI70-16] tions 4 and 15, the regulations pertain­ taking, such agreement and undertak­ ing thereto (18 CFR Ch. I ) , and the Com­ ing shall be deemed to have been ATLANTIC RICHFIELD CO. mission’s rules of practice and procedure, accepted.1 a public hearing shall be held concern­ (C) Until otherwise ordered by the Order Providing for Hearing on and ing the lawfulness of the proposed Commission, neither the suspended sup­ Suspension of Proposed Change in change. plement, nor the rate schedule sought to Rate, and Allowing Rate Change (B) Pending hearing and decisionbe altered, shall be changed until dis­ To Become Effective Subject to thereon, the rate supplement herein is position of this proceeding or expira­ Refund suspended and its use deferred until tion of the suspension period. J uly 17,1969. date shown in the “Date Suspended (D) Notices of intervention or peti­ Until” column, and thereafter until tions to intervene may be filed with the Respondent named herein has filed a made effective as prescribed by the Nat­ Federal Power Commission, Washing­ proposed change in rate and charge of a ural Gas Act: Provided, however, That ton, D.C. 20426, in accordance with the currently effective rate schedule for the the supplement to the rate schedule filed rules of practice and procedure (18 CFR sale of natural gas under Commission by Respondent shall become effective 1.8 and 1.37(f)) on or before , jurisdiction, as set forth in Appendix A subject to refund on the date and in the 1969. hereof. manner herein prescribed if within 20 The proposed changed rate and charge days from the date of the issuance of By the Commission. may be unjust, unreasonable, unduly this order Respondent shall execute and [seal] K enneth F. P lumb, discriminatory, or preferential, or other­ file under its above-designated docket Acting Secretary. wise unlawful. number with the Secretary of the Com­ The Commission finds: It is in the pub­ mission its agreement and undertaking 1 Atlantic, lias previously filed a general lic interest and consistent with the Nat­ to comply with the refunding and report­ undertaking, as provided in Order No. 377, which has been accepted. Consequently, it ural Gas Act that the Commission enter ing procedure required by the Natural Gas Act and § 154.102 of the regula­ will not be necessary for Atlantic to file an upon a hearing regarding the lawfulness tions thereunder, accompanied by a cer­ agreement and undertaking herein. In these of the proposed change, and that the circumstances Atlantic’s proposed rate will tificate showing service of a copy thereof become effective, subject to refund, as of the supplement herein be suspended and its upon the purchaser under the rate sched­ expiration of the suspension period without use be deferred as ordered below. ule involved. Unless Respondent is ad­ any further action by Atlantic.

Appendix A

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

RI70-16.... Atlantic Richfield Co., Post 433 9 H. L. Hunt et al 1 (North Lansing $1,212 6-17-69 8 7-18-69 ‘ 7-19-69 715.5 8 8 7 16.1 RI66-77. Office Box 521, Tulsa, Okla. Field, Harrison County, Tex.) (RR. 74102. District No. 6).

8 H. L. Hunt et al. resells the gas under Its FPC Gas Rate Schedule No. 4 to Texas 4 The suspension period Is limited to 1 day. Eastern Transmission Corp., at an effective rate of 16.6 cents subject to refund in 8 Three-step periodic rate increase. Docket No. RI69-160. 8 Pressure base is 14.65 p.s.i.a. 8 The stated effective date is the first day after expiration of the statutory notice. • 7 Subject to a 0.75 cent per Mcf deduction by buyer for compression. Atlantic Richfield Co. (Atlantic) requests [Docket No. RP69-39] in the natural gas transmission industry waiver of the statutory notice to permit an ,4n particular. The proposed rates include effective date of June 17, 1969, for its pro­ CITIES SERVICE GAS CO. posed rate increase. Good cause has not been a claimed rate of return of 8% percent. shown for waiving the 30-day notice require­ Order Providing for Hearing and Sus­ Cities also states that the increased rates ment provided in section 4(d) of the Natural pending Proposed Revised* Tariff reflect an amount for amortizing (1) a Gas Act to permit an earlier effective date for Sheets judgment entered against Cities in a suit Atlantic’s rate filing and such request is by Western Natural Gas Co. and, (2) a denied. J uly 18,1969. contested claim by Mobil Oil Corp. under Atlantic proposes a three-step periodic rate Cities Service Gas Co. (Cities1) on a contract provision relating to payment increase, from 15.5 cents to 16.1 cents per June 20, 1969, tendered for filing pro­ for volumes not taken in the Kansas- Mcf, for a sale of gas to H. L. Hunt et al. posed changes in its FPC Gas Tariff, Hugoton Field. (Hunt), .from the North Lansing Field, Har­ Second Revised Volume No. I.1 The pro­ rison County, Tex. (Railroad District No. 6). A review of the filing indicates that The area increased rate ceiling is 14 cents posed changes would increase jurisdic­ certain issues are raised therein which per Mcf. Hunt processes the gas. and resells tional revenues by an estimated $16,090,- require development in an evidentiary the residue gas to Texas Eastern Transmis­ 776 annually, based on sales for the year proceeding. Those issues include, but are sion Corp. at a rate of 16.6 cents which is ending February 28, 1969, as adjusted. not limited to: Rate of return; rate effective subject to refund in Docket No. The Changes are proposed to become base and the reserve for depreciation; RI69-160. Atlantic’s proposed rate is directly effective ,1969. purchased gas costs including the Mobil related to Hunt’s presently effective rate. The Cities states that the proposed change claim; Federal income tax including the proposed rate exceeds the area increased rate is required by an increased jurisdictional surcharge; classification and allocation ceiling for Texas Railroad District No. 6 as cost of service reflecting the general in­ of costs between jurisdictional and non- announced in the Commission’s Statement of flationary conditions in the country and jurisdictional customers; and amortiza­ General Policy No. 61-1, as amended. Since tion of the judgment resulting from the Hunt’s rate is in effect subject to refund, we suit by Western Natural Gas Co. conclude that Atlantic’s rate increase should 1 Proposed revised Tariff Sheets: First Re­ The proposed increased rates and be suspended for 1 day from July 18, 1969, the vised Sheet Nos. 17A and 17B; Third Revised Sheet No. 24E; 12th Revised Sheet Nos. 4, 5, charges have not been shown to be justi­ expiration date of the statutory notice. 7, 8, 10, and 19; 13th Revised Sheet No. 12; fied and may be unjust, unreasonable, [F.R. Doc. 69-8682; Filed, July 24, 1969; 14th Revised Sheet No. 14; and 15th Revised unduly discriminatory, or preferential, 8:45 a.m.] Sheet No. 16. or otherwise unlawful.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12301

We contemplate that some of the is­ (E) Presiding Examiner Walter T.plicant), 1 Woodward Avenue, , sues involved in this proceeding may be Southworth, or any other designated for Mich. 48226, filed in Docket No. CP70-8 susceptible of hearing and decision that purpose (see Delegation of Author­ an application pursuant to section 7(c) within the 5-month suspension period or ity, 18 CFR 3.5(d)) shall preside at the of the Natural Gas Act for a certificate shortly thereafter. In order that the col­ hearing in this proceeding; shall pre­ of public convenience and necessity au­ lection and refunding of any possible scribe relevant procedural matters not thorizing the construction and operation excess charges may be avoided or limited, herein provided; and shall control this of certain natural gas facilities, all as we are authorizing the Presiding proceeding in accordance with the poli­ more fully set forth in the application Examiner to determine which issues, if cies expressed in § 2.59 of the Commis­ which is on file with the Commission and any, may be tried in an initial phase of sion’s rules of practice and procedure. open to public inspection. the hearing. Specifically, Applicant seeks author­ The Commission finds: By the Commission. ization to construct and operate approx­ (1) It is necessary and proper in the [seal] G ordon M. G rant, imately 1 mile of 2-inch lateral and a public interest and to aid in the enforce­ Secretary. sales measuring station to provide an ment of the provisions of the Natural [F.R. Doc. 69-8687; Filed, July 24, 1969; additional delivery point for Wisconsin Gas Act that the Commission enter upon 8:45 a.m.] Public Service Corp. so that it might sell a hearing concerning the lawfulness of and deliver natural gas to Lincoln Boys the rates and charges contained in [Docket No. CP67-58] School, in the town of Birch, Lincoln Cities’ FPC Gas Tariff, as proposed to County, Wis., which is being constructed be amended, and that the proposed tariff MANUFACTURERS LIGHT AND HEAT by the State of Wisconsin. Third year sheets listed above be suspended, and CO. peak day and annual natural gas require­ use thereof be deferred as herein ments are estimated at 450 Mcf and provided. Notice of Petition To Amend 35,000 Mcf, respectively. (2) It is necessary and proper in the J uly 16, 1969. Total estimated cost of the proposed public interest and to aid in the enforce­ Take notice that on July 14, 1969, facilities is $35,820, which will be fi­ ment of the provisions of the Natural Manufacturers Light and Heat Co. (Ap­ nanced from funds on hand. Gas Act that the disposition of this pro­ plicant) , 800 Union Trust Building, Any person desiring to be heard or ceeding be expedited in accordance with Pittsburgh, Pa. 15219, filed in Docket No. to make any protest with reference to the procedures set forth below. CP67-58 a petition pursuant to section said application should on or before The Commission orders: 7(c) of the Natural Gas Act to amend August 15, 1969, file with the Federal (A) Pursuant to the authority of the the certificate of public convenience and Power Commission, Washington, D.C. Natural Gas Act, particularly sections necessity issued on , 1966, to 20426, a petition to intervene or a pro­ 4 and 15 thereof, the Commission’s rules authorize an increase of its peak day test in accordance with the requirements of practice and procedure, and the deliveries of natural gas to four indus­ of the Commission’s rule of practice and regulations under the Natural Gas Act trial customers from 1,015 Mcf per day procedure (18 CFR 1.8 or 1.10) and the (18 CFR Ch. I), a public hearing shall to 1,500 Mcf per day, all as more fully regulations under the Natural Gas Act be held commencing , 1969, at set forth in the application which is on (18 CFR 157.10). All protests filed with 10 a.m., e.d.s.t. in a hearing room of the file with the Commission and open to the Commission will be considered by it Federal Power Commission, 441 G Street public inspection. NW., Washington, D.C., concerning the in determining the appropriate action to Applicant states that it has already be taken but will not serve to make the lawfulness of the rates, charges, classi- been approached by Air Reduction Co., cations and services contained in Inc., for an increase in delivery and protestants parties to the proceeding. Cities’ FPC Gas Tariff, as proposed to anticipates other requests in the imme­ Any person wishing to become a party be amended. diate future, and therefor proposes one to a proceeding or to participate as a (B) Pending such hearing and deci­ increase to cover all expected requests. party in any hearing therein must file sion thereon, Cities’ proposed revised Any person desiring to be heard or to a petition to intervene in accordance tariff sheets listed above are hereby sus­ make any protest with reference to said pended and the use thereof is deferred with the Commission’s rules. application should on or before Au­ Take further notice that, pursuant to until , 1969, and until such gust 14, 1969, file with the Federal Power further time as they are made effective Commission, Washington, D.C. 20426, a the authority contained in and subject to in the manner prescribed by the Natural petition to intervene or a protest in the jurisdiction conferred upon the Fed­ Gas Act. accordance with the requirements of the eral Power Commission by sections 7 and (C) At the hearing on July 31, 1969, Commission’s rules of practice and pro­ 15 of the Natural Gas Act and the Com­ Cities’ prepared testimony (Statement cedure (18 CFR 1.8 or 1.10) and the P) filed and served on July 3, 1969 to­ mission’s rules of practice and procedure, regulations under the Natural Gas Act a hearing will be held without further gether with its entire rate filing as sub­ (18 CFR 157.10). All protests filed with mitted and served on June 20, 1969, shall the Commission will be considered by notice before the Commission on this be admitted to the record as Cities’ com­ it in determining the appropriate action application if no petition to intervene plete case-in-chief as provided in the to be taken but will not serve to make is filed within the time required herein, Commission’s regulations, § 154.63(e) the protestants parties to the proceed­ if the Commission on its own review of (1), and Order No. 254, 28 FPC 495, 496, ing. Any person wishing to become a the matter finds that a grant of the without prejudice to motions by other party to a proceeding or to participate parties to exclude or strike this or other as a party in any hearing therein must certificate is required by the public con­ evidence. file petitions to intervene in accord­ venience and necessity. If a petition for (D) Following admission of Cities’ ance with the Commission’s rules. leave to intervene is timely filed, or if complete case-in-chief the parties shall the Commission on its own motion be­ present their views and the Presiding G ordon M. Grant, Secretary. lieves that a formal hearing is required, Examiner in the exercise of his discretion further notice of such hearing will be shall determine whether there shall be [ 3 8688; Filed, July 24, 1969; an initial phase and, if so, which issues 8:45 a.m.] duly given. shall be heard therein. If he determines Under the procedure herein provided that there shall be an initial phase hear­ [Docket No. CP70-8] for, unless otherwise advised, it will be ing, he shall fix dates for service of staff’s MICHIGAN WISCONSIN PIPELINE CO. unnecessary for Applicant to appear or and intervenor’s evidence and Cities’ re­ be represented at the hearing. buttal evidence on such issues; fix dates Notice of Application for witnesses to appear for adoption of G ordon M. G rant, their testimony and to stand cross- J uly 18, 1969. Secretary. examination thereon; and proceed with Take notice that on July 15, 1969, [F.R. Doc. 69-8689; Filed, July 24, 1969; such hearing as expeditiously as feasible. Michigan Wisconsin Pipeline Co. (Ap­ 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12302 NOTICES [Docket No. CP67-52] Specifically, Applicant seeks authori­ [Docket No. CP69-222] zation to: TENNESSEE GAS PIPELINE CO. MISSISSIPPI RIVER TRANSMISSION (1) Increase the design daily delivery CORP. capacity of Applicant’s main line system Notice of Amendment to Application Notice of Petition To Amend by approximately 182,000 Mcf from 2,- 065,000 Mcf to 2,247,000 Mcf to meet J uly 17, 1969. J uly 16, 1969. the peak day requirements of Applicant’s Take notice that on July 15,1969, Ten­ Take notice that on ,1969, Mis­ present customers through the winter of nessee Gas Pipeline Co. (Applicant), sissippi River Transmission Corp. (Peti­ 1971-72; Tennessee Building, Houston, Tex. 77002, tioner) 9900 Clayton Road, St. Louis, (2) Reinforce the existing Thomas- a division of Tenneco Inc., filed in Docket Mo. 63124, filed in Docket No. CP67-52 ton-Griffin ancT Griffin-South Atlanta No. CP69-222 its amendment to its ap­ a petition to amend the order of the branchlines to meet the increasing re­ plication for a certificate of public con­ Commission issued in said docket on quirements of Atlanta Gas Light Co. in venience and necessity, all as more fully December 16, 1966, as amended on No­ the Atlanta area and of other customers set forth in the application which is on vember 15, 1967, and October 14, 1968, serviced from Applicant’s main North file with the Commission and open to which order authorized Petitioner, inter Line; public inspection. alia, to render priority interruptible (3) Provide for the transportation On February 18, 1969, Applicant filed service to its resale customers for a through Applicant’s South Louisiana its application seeking authority to con­ yearly period ending October 31, 1967. Supply System of increased volumes of struct and operate facilities therein de­ By the aforementioned amendments, the gas from presently certificated sources; scribed and also requesting authoriza­ date of termination of such service was and tion to render the additional natural gas extended to October 31, 1968 and 1969, (4) Deliver natural gas on a firm and service as proposed therein. The applica­ respectively, all as more fully set forth interruptible basis to a new customer, tion was noticed by the Federal Power in the application which is on file with American Can Co., for use in a pulp and Commission and several interventions the Commission and open to public paper mill near Butler, Ala. were filed. Three intervenors, Pennsyl­ inspection. Estimated total cost of the proposed vania Gas and Water Co., Petitioner herein requests that the facilities is $45 million to be financed Natural Gas Corp., and the New York Commission’s aforesaid order be further initially by bank loans. Public Service Commission, requested amended to allow this service to con­ In this instance it appears that a that a hearing be held on Applicant’s tinue from November 1, 1969, on a per­ shorter notice period is reasonable and application, but indicated that they were manent basis. Petitioner states that sev­ consistent with the public interest and not opposed to the consideration of the eral resale customers have requested therefore any person desiring to be heard application in two phases, Phase I being continuation of such service on a per­ or to make any protest with reference the construction and operation of the manent basis. to said application should on or before facilities proposed and Phase n being the Any person desiring to be heard or ,1969, file with the Federal Power additional natural gas service proposed. to make any protest with reference to Commission, Washington, D.C. 20426, a By its order issued June 10, 1969, the said application should on or before petition to intervene or a protest in ac­ Commission divided the subject applica­ , 1969, file "with the Federal cordance with the requirements of the tion into two phases and authorized Power Commission, Washington, D.C. Commission’s rules of practice and pro­ Phase I, the construction and operation 20426, a petition to intervene or a pro­ cedure (18 CFR 1.8 or 1.10) and the regu­ of the proposed facilities. By its order test, in accordance with the Commis­ lations under the Natural Gas Act (18 of June 13,1969, the Commission directed sion’s rules of practice and procedure CFR 157.10). All protests filed with the Applicant to serve its direct testimony (18 CFR 1.8 or 1.10). All protests filed Commission will be considered by it in concerning Phase II on or before July 11, with the Commission will be considered determining the appropriate action to be 1969, and pfovided for cross-examination by it in determining the appropriate taken but will not serve to make the pro­ of that testimony to commence on action to be taken but will not serve to testants parties to the proceeding. Any July 21, 1969. make the protestants parties to the pro­ person wishing to become a party to a By motion dated July 1, 1969, Appli­ ceeding. Any person wishing to become proceeding or to participate as a party cant requested that the hearings and a party to a proceeding or to partici­ in any hearing therein must file a peti­ filings of testimony be postponed pending pate as a party in any hearing therein tion to intervene in accordance with the the filing by Applicant of an amended must file a petition to intervene in ac­ Commission’s rules. application implementing an agreement cordance with the Commission’s rules. Take further notice that, pursuant to reached by Applicant, its customers and Commission Staff. By its order of July G ordon M. G rant, the authority contained in and subject Secretary. to the jurisdiction conferred upon the 7, 1969, the Commission granted the Federal Power Commission by sections request for postponement. By its amend­ [F.R. Doc. 69-8690; Filed, July 24, 1969; ed application Applicant seeks authori­ 8:45 a.m.] 7 and 15 of the Natural Gas Act and the Commission’s rules of practice and pro­ zation to render, in addition to the cedure, a hearing will be held without services proposed in its original applica­ [Docket No. CP70-7] further notice before the Commission on tion, the following additional services: this application if no petition to inter­ SOUTHERN NATURAL GAS CO. Mcf daily vene is filed within the time required Customer Type of service at 14.73 Notice of Application herein, if the Commission on its own re­ p.s.i.a. view of the matter finds that a grant of J uly 17, 1969. the certificate is required by the public Central Hudson Gas Storage service (one 8,160 Take notice that on July 15, 1969, convenience and necessity. If a petition and Electric Corp. year). Consolidated Edison 25,500 Southern Natural Gas Co. (Applicant), for leave to intervene is timely filed, or Company of New if the Commission on its own motion York. Post Office Box 2563, Birmingham, Manufacturers Light ___ do...... 10,200 Ala. 35202, filed in Docket No. CP70-7 an believes that a formal hearing is required, and Heat Co. further notice of such hearing will be Orange and Rockland ___ do...... 7,200 application pursuant to section 7(c) of Utilities, Inc. duly given. Pennsylvania Gas and (long term)-—...... 5,814 the Natural Gas Act for a certificate of Under the procedure herein provided Water Co. _ . public convenience and necessity au­ for, unless otherwise advised, it will be Connecticut Natural Contracted demand 1,428 Gas Corp. (one year). thorizing the construction and operation unnecessary for Applicant to appear or Consolidated Gas Sup- Interruptible (one 40,800 be represented at the hearing. ply Corp. year). of certain facilities for the sale and de­ Iroquois Gas Corp------_.__.do...... 30,600 livery of natural gas, all as more fully G ordon M. G rant, set forth in the application which is on Secretary. No additional facilities are requested. file with the Commission and open to [F.R. Doc. 69-8691; Filed, July 24, 1969; In this instance it appears that a public inspection. 8:45 a.m.] shorter notice period is reasonable and

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12303 consistent with the public interest, and Specifically, Applicant states that it is Bank of Lafayette, Lafayette, Colo.; First therefore any person desiring to be heard presently taking natural gas from Ten­ National Bank of Louisville, Louisville, or to make any protest with reference to nessee Gas Pipeline Co. and that addi­ Colo.; First National Bank in Loveland, said application should on or before tional volumes are required to meet the Loveland, Colo.; Fort Carson National July 25,1969, file with the Federal Power present growth rate, Applicant further Bank, Fort Carson, Colo.; The Greeley Commission, Washington, D.C. 20426, states that to purchase the additional National Bank, Greeley, Colo.; West a petition to intervene or a protest in natural gas requirements from Tennes­ Greeley National Bank, Greeley, Colo.; accordance with the requirements of the see Gas Pipeline Co. would require an and Westlake First National Bank, Love­ Commission’s rules of practice and pro­ expenditure of $1,250,000 for 42 miles of land, Colo. cedure (18 CFR 1.8 or 1.10) and the 10-inch pipeline whereas Respondent Section 3(c) of the Act, as amended, regulations under the Natural Gas Act has a high pressure transmission main provides that the Board shall not approve (18 CFR 157.10). All protests filed with VA miles northwest of one of the com­ (1) any acquisition or merger or con­ the Commission will be considered by it munities to be served. Applicants’ peak solidation under this section which would in determining the appropriate action day and annual requirements from result in a monopoly, or which would be to be taken but will not serve to make the Respondent are as follows: in furtherance of any combination or Protestants parties to the proceeding. conspiracy to monopolize or to attempt Any person wishing to become a party Year of operation Peak day Annual to monopolize the business of banking in to a proceeding or to participate as a (Mcf) (Mcf) any part of the United States, or (2) any party in any hearing therein must file other proposed acquisition or merger or F irst...... 2041 204,000 a petition to intervene in accordance Second______2161 214,000 consolidation under this section whose with the Commission’s rules. Third...... 2281 224,000 effect in any section of the country may Take further notice that, pursuant to be substantially to lessen competition, or the authority contained in and subject to tend to create a monopoly, or which to the jurisdiction conferred upon the The total estimated cost of the pro­ in any other manner would be in re­ Federal Power Commission by sections posed facilities is $45,000, which will be straint of trade, unless it finds that the 7 and 15 of the Natural Gas Act and the financed from operating funds. anticompetitive effects of the proposed Commission’s rules of practice and pro­ Any person desiring to be heard or to transaction are clearly outweighed in cedure, a hearing will be held without make any protest with reference to said the public interest by the probable effect further notice before the Commission on application should on or before Au­ of the transaction in meeting the conven­ this application if no petition to inter­ gust 18, 1969, file with the Federal Power ience and needs of the community to be vene is filed within the time required Commission, Washington, D.C. 20426, a served. herein, if the Commission on its own petition to intervene or a protest in ac­ Section 3(c) further provides that, in review of the matter finds that a grant of cordance with the requirements of the every case, the Board shall take into the certificate is required by the public Commission’s rules of practice and pro­ consideration the financial and manage­ convenience and necessity. If a petition cedure (18 CFR 1.8 or 1.10). All protests rial resources and future prospects of the for leave to intervene is timely filed, or filed with the Commission will be con­ company or companies and the banks if the Commission on its own motion sidered by it in determining the appro­ concerned, and the convenience and believes that a formal hearing is re­ priate action to be taken but will not needs of the community to be served. quired, further notice of such hearing serve to make the protestants parties to Not later than thirty (30) days after will be duly given. the proceeding. Any person wishing to the publication of this notice in the Fed­ Under the procedure herein provided become a party to a proceeding or to eral R egister, comments and views re­ for, unless otherwise advised, it will be participate as a party in any hearing garding the proposed acquisition may be unnecessary for Applicant to appear or therein must file a petition to intervene filed with the Board. Communications be represented at the hearing. in accordance with the Commission’s should be addressed to the Secretary, rules. Board of Governors of the Federal Re­ Gordon M. Grant, G ordon M. Grant, Secretary. serve System, Washington, D.C. 20551. Secretary. The application may be inspected at the [F.R. Doc. 69-8692; Filed, July 24, 1969; [F.R. Doc. 69-8693; Filed, July 24, 1969; office of the Board of Governors or the 8:45 a.m.] 8:45 a.m.] Federal Reserve Bank of Kansas City. Dated at Washington, D.C., this 17th [Docket No. CP70-9J day of July 1969. WEST TENNESSEE PUBLIC UTILITY By order of the Board of Governors. DISTRICT OF WEAKLEY, CARROLL, FEDERAL RESERVE SYSTEM [seal] R obert P. F orrestal, AND BENTON COUNTIES, TENN., AFFILIATED BANKSHARES OF Assistant Secretary. AND MICHIGAN WISCONSIN PIPE COLORADO, INC. [F.R. Doc. 69-8696; Filed, July 24, 1969; LINE CO. Notice of Application for Approval of 8:46 a.m.] Notice of Application Acquisition of Shares of Banks J uly 18, 1969. Notice is hereby given that application BARNETT NATIONAL SECURITIES Take notice that on July 15, 1969, the has been made to the Board of Governors CORP. West Tennessee Public Utility District of the Federal Reserve System, pursuant of Weakley, Carroll, and Benton Coun­ to section 3(a) (1) of the Bank Holding Notice of Application for Approval of ties, Tenn. (Applicant), Gleason, Tenn., Company Act of 1956 (12 U.S.C. 1842(a) Acquisition of Shares of Bank filed in Docket No. CP70-9 an applica­ (1)), by Affiliated Bankshares of Colora­ tion pursuant to section 7(a) of the do, Inc., Denver, Colo., for prior approval Notice is hereby given that application Natural Gas Act for an order of the of the Board of action whereby Applicant has been made to the Board of Governors Commission directing Michigan Wis­ would become a bank holding company through the acquisition of 67 percent or of the Federal Reserve System pursuant consin Pipe Line Co. (Respondent) to more of the voting shares of the follow­ to section 3 (a) of the Bank Holding Com­ establish physical connection of its pany Act of 1956 (12 U.S.C. 1842(a) ), by transmission facilities with the facilities ing banks in Colorado: Arapahoe Na­ to be constructed by Applicant and to tional Bank of Boulder, Boulder, Colo.; Barnett National Securities Corp., which sell and deliver to Applicant volumes of Bank of Manitou, Manitou Springs, is a bank holding company located in Colo.; Cache National Bank of Greeley,- Jacksonville, Fla., for the prior approval natural gas for distribution and resale Greeley, Colo.; The Farmers National in the service area of Applicant, all as Bank of Ault, Ault, Colo.; First National of the Board of the acquisition by Ap­ more fully set forth in the application Bank in Boulder, Boulder, Colo.; First plicant of 80 percent or more of the vot­ which is on file with the Commission and National Bank of Colorado Springs, ing shares of Anastasia Bank, St. Augus­ open to public inspection. Colorado Springs, Colo.; First National tine, Fla., a proposed new bank.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12304 NOTICES Section 3(c) of the Act provides that merger or consolidation under this sec­ shares in nonbanking companies, to ap­ the Board shall not approve (1) any ac­ tion whose effect in any section of the ply in order to carry out the purpose of quisition or merger or consolidation country may be substantially to lessen the Act. under this section which would result in competition, or to tend to create a mo­ Pursuant to the requirements of sec­ a monopoly, or which would be in fur­ nopoly, or which in any other manner' tion 4(c) (8) of the Act, and in accord­ therance of any combination or con­ would be in restraint of trade, unless it ance with the provisions of §§ 222.4(a) spiracy to monopolize or to attempt to finds that the anticompetitive effects of and 222.5(a) of Regulation Y (12 CFR monopolize the business of banking in the proposed transaction are clearly out­ 222.4(a) and 222.5(a)), a hearing was any part of the United States, or (2) any weighed in the public interest by the held on these matters on January 30, other proposed acquisition or merger or probable effect of the transaction in 1969. The hearing examiner filed his re­ consolidation under this section whose meeting the convenience and needs of the port and recommended decision1 wherein effect in any section of the country may community to be served. he recommended that the Board make be substantially to lessen competition, or Section 3(c) further provides that, in the requested determinations; Appli­ to tend to create a monoply, or which in every case, the Board shall take into cants nevertheless filed an exception to any other manner would be in restraint consideration the financial and man­ the examiner’s recommended order. For of trade, unless it finds that the anti­ agerial resources and future prospects of the reasons set forth in a statement1 of competitive effects of the proposed trans­ the company or companies and the banks this date, and on the basis of the entire action are clearly outweighed in the pub­ concerned, and the convenience and record; lic interest by the probable effect of the needs of the community to be served. It is hereby ordered, That the activi­ transaction in meeting the convenience Not later than thirty (30) days after ties planned to be undertaken by each of and needs of the community to be served. the publication of thils notice in -the the proposed subsidiaries named herein­ Section 3(c) further provides that, in F ederal R egister, comments and views above are determined to be so closely every case, the Board shall take into con­ regarding the proposed acquisition may related to the business of banking and sideration the financial and managerial be filed with the Board. Communications of managing or controlling banks as to resources and future prospects of the should be addressed to the Secretary, be a proper incident thereto and as to company or companies and the banks Board of Governors of the Federal Re­ make it unnecessary for the prohibitions concerned, and the convenience and serve System, Washington, D.C. 20551. of section 4(a) of the Bank Holding needs of the community to be served. The application may be inspected at the Company Act of 1956 to apply in order to Not later than thirty (30) days after office of the Board of Governors or the carry out the purposes of that Act; the publication of this notice in the F ed­ Federal Reserve Bank of Atlanta. Provided, however, That the determina­ eral R egister, comments and views re­ tion with respect to each such subsidiary garding the proposed acquisition may be Dated at Washington, D.C., this 16th is subject to revocation by the Board if filed with the Board. Communications day of July 1969. the facts upon which it is based change should be addressed to the Secretary, By order of the Board of Governors. in any material respect. Board of Governors of the Federal Re­ Dated at Washington, D.C., this 17th serve System, Washington, D.C. 20551. [seal] R obert P. F orrestal, The application may be inspected at the Assistant Secretary. day of July 1969. office of the Board of Governors of the [F.R. Doc. 69-8698; i'Ued, July 24, 1969; By order of the General Counsel of the Federal Reserve Bank of Atlanta. 8:46 a.m.] Board of Governors, acting on behalf of the Board pursuant to delegated author­ Dated at Washington, D.C., this 16th ity (12 CFR 265.2(b) (2)). day of July 1969. CITIZENS AND SOUTHERN HOLDING [seal] R obert P. F orrestal, By order of the Board of Governors. CO. AND CITIZENS AND SOUTHERN Assistant Secretary. [seal] R obert P. F orrestal, NATIONAL BANK [F.R. Doc. 69-8699; Filed, July 24, 1969; Assistant Secretary. Order Making Determinations Under 8:46 a.m.] [F.R. Doc. ©9-8697; Filed, July 24, 1969; 8:46 a.m.] Bank Holding Company Act In the matter of the applications, pur­ FIRST SECURITY CORP. suant to section 4(c) (8) of the Bank JEFFERSON BANCORP, INC. Holding Company Act of 1956, by the Order Making Determinations Under Bank Holding Company Act Notice of Application for Approval of Citizens and Southern Holding Co., and the Citizens and Southern National In the matter of the applications, pur­ Acquisition of Shares of Banks Bank, both of Atlanta, Ga., for deter­ suant to section 4(c) (8) of the Bank Notice is hereby given that application mination as to American Southern Life Holding Company Act of 1956, by First has been made to the Board of Governors Insurance Co. and the Citizens and Security Corp., Salt Lake City, Utah, for of the Federal Reserve System pursuant Southern Agency, Inc., proposed non­ determinations as to First Security Life to section 3(a) (1) of the Bank Holding bank subsidiaries (Dockets Nos. BHC- Insurance Co. (or Firsco Life Insurance Company Act of 1956 (12 U.S.C. 1842(a) 90, BHC-91). Co.) and First Security Agency, Inc., (1)), by Jefferson Bancrop, Inc., The Citizens and Southern Holding proposed nonbank subsidaries (Dockets Beach, Fla., for prior approval of the Co. and the Citizens and Southern Na­ Nos. BHC-88, BHC-89). Board of action whereby Applicant would tional Bank, both of Atlanta, Ga., both First Security Corp., Salt Lake City, become a bank holding company through of which are bank holding companies Utah, a bank holding company within the acquisition of 80 percent or more of within the meaning of section 2(a) of the meaning of section 2(a) of the Bank the voting shares of Jefferson National the Bank Holding Company Act of 1956 Holding Company Act of 1956 (12 U.S.C. Bank of Miami Beach, Miami Beach, Fla., (12 U.S.C. sec. 1841(a)), have filed re­ sec. 1841(a)), has filed requests for de­ and 80 percent or more of the voting quests for determinations by the Board terminations by the Board of Governors shares of Jefferson National Bank at of Governors of the Federal Reserve of the Federal Reserve System that the Sunny Isles, Sunny Isles, Fla. System that the activities planned to be activities planned to be undertaken by Section 3(c) of the Act, as amended, undertaken by two proposed nonbank two proposed nonbank subsidiaries, First provides that the Board shall not ap­ subsidiaries (American Southern Life Security Life Insurance Co. (or Firsco prove (1) any acquisition or merger or Insurance Co., and the Citizens and Life Insurance Co.) and First Security consolidation under this section which Southern Agency, Inc.) are of the kind Agency, Inc., are of the kind described in would result in a monopoly, or which described in section 4(c) (8) of the Act would be in furtherance of any combina­ (12 U.S.C. sec. 1843(c)(8)) and § 222.4 1 Filed as part of the original document. tion or conspiracy to monopolize or to (a) of Federal Reserve Regulation Y (12 Copies available upon request to the Board attempt to monopolize the business of CFR 222.4(a)) so as to make it unneces­ of Governors of the Federal Reserve System, banking in any part of the United States, sary for the prohibitions of section 4(a) Washington, D.C. 20551, or to the Federal or (2) any other proposed acquisition or of the Act, respecting ownership of Reserve Bank of Atlanta.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12305 section 4(c) (8) of the Act (12 U.S.C. sec. erty, animals, or other form of life (other 2(a) (5) of the Act. As of December 31, 1843(c)(8)) and § 222.4(a) of Federal than persons) or matter whatever shall 1968, Continental served approximately Reserve Regulation Y (12 CFR 222.4(a) ) continue until successful completion of 1,300,000 telephones in 40 States, Canada so as to make it unnecessary for the pro­ safety tests and/or decontamination. and four Caribbean countries, had con­ hibitions of section 4(a) of the Act, re­ solidated operating revenues and sales of specting ownership of shares of nonbank­ F rank A. Bogart, $220 million and consolidated net income ing companies, to apply in order to carry. Acting Associate Administrator, of $25 million. Total consolidated assets out the purposes of the Act. Office of Manned Space Flight. as of December 31, 1968, amounted to Pursuant to the requirements of sec­ J uly 23,1969. $856,285,000. tion 4(c) (8) of the Act, and in accord­ [F.R. Doc. 69-8856; Filed, July 24, 1969; Continental has entered in an agree­ ance with the provisions of §§ 222.4(a) 11:22 a m.] ment with Andros and the representative and 222.5(a) of Regulation Y (12 CFR of holders of more than 80 percent of 222.4(a) and 222.5(a)), a hearing was Andros capital stock, whereby Con­ held on these matters on January 16, tinental has agreed to acquire through 1969. The hearing examiner filed his a tender offer, subject to prior exemption report and recommended decision1 SECURITIES AND EXCHANGE from the Act, at least 90 percent of wherein he recommended that the Board Andros capital stock, wfrich stock is the make the requested determinations. For COMMISSION only voting security of Andros. the reasons set forth in a statement1 of COMMERCIAL FINANCE CORPORA­ Andros furnishes both telephone and this date, and on the basis of the entire TION OF electric service in the Bahamas. During record : 1968, Andros’ total operating revenues It is hereby ordered, That the activities Order Suspending Trading were $72,208, of which $60,053 were elec­ planned to be undertaken by each of the J uly 18,1969. tric revenues and $4,900 were telephone proposed subsidiaries named hereinabove revenues. Total assets, less valuation are determined to be so closely related It appearing to the Securities and reserves, as of December 31, 1968 were to the business of banking and of manag­ Exchange Commission that the sum­ $426,882, of which $249,668 was net elec­ ing or controlling banks as to be a proper mary suspension of trading in the com­ tric plant and $87,857, net telephone incident thereto and as to make it un­ mon stock and all other securities of plant. Continental states that it is en­ necessary for the prohibitions of section Commercial Finance Corporation of New titled to an exemption pursuant to sec­ 4(a) of the Bank Holding Company Act Jersey, a New Jersey corporation, being tion 3(a)(5), because Andros conducts of 1956 to apply in order to carry out the traded otherwise than on a national its business entirely outside the United purposes of that Act: Provided, however, securities exchange is required in the States, and Continental as a holding That the determination with respect to public interest and for the protection of company will not derive any part of its each such subsidiary is subject to revoca­ investors: income, directly or indirectly, from a tion by the Board if the facts upon which It is ordered, Pursuant to section public-utility subsidiary company within it is based change in any material 15(c) (5) of the Securities Exchange Act the United States. respect. of 1934, that trading in such securities otherwise than on a national securities Notice is further given that any inter­ Dated at Washington, D.C., this 17th exchange be summarily suspended, this ested person may, not later than August day of July 1969. order to be effective for the period 14, 1969, request in writing that a hear­ By order of the General Counsel of the , 1969, through , 1969, both ing be held in respect of such matter, Board of Governors, acting on behalf of dates inclusive. stating the nature of his interest, the the Board pursuant to delegated author­ reasons for such request, and the issues ity (12 CFR 265.2(b)(2) ). By the Commission. of fact or law raised by said application [seal] Orval L. DuBois, which he desires to controvert; or he [seal] R obert P. F orrestal, Secretary. may request that he be notified should Assistant Secretary. the Commission order a hearing in re­ [F.R. Doc. 69-8700; Filed, July 24, 1969; [F.R. Doc. 69-8730; Filed, July 24, 1969; spect thereof. Any such request should 8:46 a.m.] 8:48 a.m.] be addressed: Secretary, Securities and Exchange Commission, Washington, D.C. 20549. A copy of such request should [31-698] be served personally or by mail (air­ CONTINENTAL TELEPHONE CORP. mail if the person being served is located NATIONAL AERONAUTICS AND more than 500 miles from the point of Notice of Filing of Application for mailing) upon the applicant at the SPACE ADMINISTRATION Exemption above-stated address, and proof of serv­ [Notice 69-1] ice thereof (by affidavit or, in case of an J uly 18,1969. EXTRATERRESTRIAL EXPOSURE attorney at law, by certificate) should Notice is hereby given that Continen­ be filed with the request. At any time Establishment of Quarantine Period tal Telephone Corp. (“Continental”) , 222 after said date, the application, as filed South Central, St. Louis, Mo. 63105, a or as it may be amended, may be granted Pursuant to the authority vested in me, Delaware corporation and a nonutility as provided in Rule 23 of the general and in accordance with 14 CFR 1211.104 company, has filed an application with rules and regulations promulgated under (a) (1), I hereby determine that with re­ this Commission pursuant to section the Act, or the Commission may grant spect to the space mission: 3(a) (5) of the Public Utility Holding exemption from such rules as provided a The beginning of the quarantine pe­ Company Act of 1935 (“Act”), request­ in Rules 20(a) and 100 thereof or take riod for extraterrestrial exposure is ing an exemption from all provisions of such other action as it may deem appro­ July 21,1969. the Act upon the consummation of its priate. Persons who request a hearing b. The duration of the quarantine pe­ proposed acquisition of 90 percent or or advice as to whether a hearing is riod for extraterrestrially exposed per­ more of the capital stock of Andros ordered will receive notice of further sons shall terminate on August 11, 1969, Transmission and Telephone Co. Ltd. developments in this matter, including uni ess-modified prior to that date. (“Andros”), a Bahamian electric utility the date of the hearing (If ordered) and c. The duration of the quarantine pe­ company. All interested persons are re­ any postponements thereof. riod for extraterrestrially exposed prop- ferred to the application, which is sum­ For the Commission (pursuant to dele­ marized below. gated authority). Continental, organized in 1960, is a 1 Filed as part of the original document. [seal] Orval L. DuBois, Copies available upon request to the Board telephone holding company which cur­ of Governors of the Federal Reserve System, rently neither directly nor indirectly Secretary. Washington, D.C. 20551, or to the Federal owns any voting securities of a public- [F.R. Doc. 69-8729; Filed, July 24, 1969; Reserve Bank of San Francisco. utility company, as defined in section 8:48 a.m .]

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 No. 141- 12306 NOTICES [File No. 1-3421] companies (33 F.R. 326; 13 CFR Part [Declaration of Disaster Loan Area 720] 107) surrendered its license to operate CONTINENTAL VENDING MACHINE as a small business investment company IOWA CORP. (SBIC). Declaration of Disaster Loan Area Order Suspending Trading Capital was incorporated on July 21, 1960, under the laws of the State of Cali­ Whereas, it has been reported that J uly 18, 1969. fornia to operate solely as an SBIC un­ during the month of July 1969 because of It appearing to the Securities and Ex­ der the Small Business Investment Act the effects of certain disasters, damage change Commission that the summary of 1958, as amended (15 U.S.C. 661 et resulted to residences and business prop­ suspension of trading in the common seq.) (Act), and it was issued license erty located in Marshall and Tama stock, 10 cents par value of Continental number 12-0014 by the Small Business Counties, Iowa; Vending Machine Carp., and the 6 per­ Administration on June 12, 1961. Whereas, the Small Business Admin­ cent convertible subordinated deben­ Under the authority vested by the Act, istration has investigated and has re­ tures due September 1, 1976, being and the Regulations promulgated there­ ceived other reports of investigations of traded otherwise than on a national se­ under, the surrender of the license of conditions in the areas affected; curities exchange is required in the pub­ Capital is hereby accepted and, accord­ Whereas, after reading and evaluating ingly, it is no longer licensed to operate reports of such conditions, I find that the lic interest and for the protection of conditions in such areas constitute a investors: as an SBIC. catastrophe within the purview of the It is ordered, Pursuant to section 15(c) Dated: July 10, 1969. Small Business Act, as amended. (5) of the Securities Exchange Act of A. H. S inger, Now, therefore, as Administrator of 1934, that trading in such securities the Small Business Administration, I otherwise than oh a national securities Associate Administrator for Investment. hereby determine that: exchange be summarily suspended, this 1. Applications for disaster loans order to be effective for the period July [F.R. Doc. 69-8724; Piled, July 24, 1969; under the provisions of section 7(b)(1) 21, 1969, through , 1969, both 8:48 a.m.] of the Small Business Act, as amended, dates inclusive. may be received and considered by the By the Commission. WOODROCK BUSINESS CAPITAL office below indicated from persons or firms whose property, situated in the [seal] Orval L. D uBois, CORP. • Secretary. aforesaid counties and areas adjacent Notice of Surrender of License thereto, suffered damage or destruction [F.R. Doc. 69-8731; Filed, July 24, 1969; resulting from floods occurring on July 8, 8:48 a.m.] Notice is hereby given that the Small 1969. Business Administration (SBA) ac­ Office cepted, on July 9, 1969, the surrender of Small Business Administration Regional Of­ FEDERAL OIL CO. the license issued to Woodrock Business fice, 210 Walnut Street, Des Moines, Iowa Capital Corp. (Licensee), New York, N.Y. 50309. Order Suspending Trading (incorporated in New York). SBA published a notice in the F ederal 2. Applications for disaster loans un­ J uly 18,1969. der the authority of this Declaration will It appearing to the Securities and Ex­ R egister on June 25, 1969, inviting com­ not be accepted subsequent to Janu­ change Commission that the summary ments regarding the request of the Li­ ary 31, 1970. suspension of trading in the common censee to surrender its license. SBA re­ Dated: July 15,1969. stock and all other securities of Federal ceived no comments. The Licensee repaid Oil Co. (a Nevada corporation), being H ilary Sandoval, Jr. traded otherwise than on a national its debt to SBA and satisfied all other conditions for the surrender of its Administrator. securities exchange is required in the [F.R. Doc. 69-8727; Piled, July 24, 1969; public interest and for the protection license. 8:48 a.m.] of investors: The corporation no longer is licensed It is ordered, Pursuant to section 15 to operate as a small business investment (c) (5) of the Securities Exchange Act of company. [Declaration of Disaster Loan Area 719] 1934, that trading in such securities OHIO otherwise than on a national securities Dated:'July 10,1969. exchange be summarily suspended, this A. H. Si Nger, Declaration of Disaster Loan Area order to be effective for the period Associate Administrator Whereas, it has been reported that July 19,1969, through July 28, 1969, both for Investment. during the month of July 1969, because dates inclusive. [P.R. Doc. 69-8725; Piled, July 24, 1969; of the effects of certain disasters, damage By the Commission. 8:48 a.m.] . resulted to residences and business prop­ erty located in the State of Ohio; [seal] Orval L. DuBois, Whereas, the Small Business Adminis­ Secretary. [Delegation of Authority No. 30 (Los tration has investigated and has received [F.R. Doc. 69-8732; Piled, July 24, 1969; Angeles) Disaster 1] other reports of investigations of condi­ 8:48 a.m.] MANAGER, DISASTER BRANCH tions in the areas affected; OFFICE, LOS ANGELES, CALIF. Whereas, after reading and evaluating reports of such conditions, I find that Rescission of Delegation of Authority the conditions in such areas consitute a SMALL BUSINESS Notice is hereby given that Delegation catastrophe within the purview of the Small Business Act, as amended. ADMINISTRATION of Authority No. 30, Disaster 1 (34 F.R. Now, therefore, as Administrator of 7100 and 34 F.R. 7627) is hereby re­ CAPITAL FOR TECHNICAL the Small Business Administration, I scinded in its entirety. hereby determine that: INDUSTRIES, INC. Effective date: June 13,1969. 1. Applications for disaster loans Notice of Surrender of License under the provisions of section 7(b) (1) Alvin P. Meyers, qf the Small Business Act, as amended, Notice is hereby given that Capital for Regional Director, may be received and considered by the Technical Industries, Inc. (Capital) has, Los Angeles, Calif. offices below indicated from persons or pursuant to § 107.105 of the regulations [P.R. Doc. 69-8726; Filed, July 24, 1969; firms whose property, situated in all governing small business investment 8:48 a.m.] areas affected or to be affected in the

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12307 State of Ohio, suffered damage or de­ for oral hearing, such requests shall hicles, and except hides, from points in struction resulting from winds and meet the requirements of § 1.247(d) (4) Omaha, Nebr.-Council Bluffs, Iowa, floods occurring on ,1969. of the special rules, and shall include the commercial zone, to points in Illinois, Offices certification required therein. Wisconsin, Indiana, Ohio, and Michigan. Section 1.247(f) of the Commission’s N ote : Applicant states it does not intend Small Business Administration Regional Of­ rifles of practice further provides that to tack, and apparently is willing to ac­ fice, 1240 East Ninth Street, Cleveland, Ohio 44199. each applicant shall, if protests to its cept a restriction against tacking, if Small Business. Administration Regional Of­ application have been filed, and within warranted. If a hearing is deemed neces­ fice, 50 West Gay Street, Columbus, Ohio 60 days of the date of this publication, sary, applicant requests it be held at 43215. notify the Commission in writing (1) Omaha, Nebr. that it is ready to proceed and prosecute No. MC 18088 (Sub-No. 49) (amend­ 2. Applications for disaster loans un­ the application, or (2) that it wishes to ment), filed , 1969, published der the authority of this declaration will withdraw the application, failure in in the F ederal R egister issue of April 10, not be accepted subsequent to Janu­ which the application will be dismissed 1969, amended and republished this issue. ary 31, 1970. by the Commission. Applicant: FLOYD & BEASLEY TRANS­ Dated: July 11,1969. Further processing steps (whether FER COMPANY, INC., Post Office modified procedure, oral hearing, or Drawer 8, Sycamore, Ala. 35149. Appli­ H ilary S andoval, Jr. other procedures) will be determined cant’s representative: Gavin W. O’Brien, Administrator. generally in accordance with the Com­ 2800 L Street NW„ Suite 815, Washing­ [F.R. Doc. 69-8728; Piled, July 24, 1969; mission’s General Policy Statement Con­ ton, D.C. 20036. Authority sought to 8:48 a.m.] cerning Motor Carrier Licensing Proce­ operate as a common carrier, by motor dures, published in the F ederal R egister vehicle, over irregular routes, transport­ issue of ,1966. This assignment will ing: (1) Yarn, including tire cord, fiber be by Commission order which will be and synthetic fiber yarn, synthetic stable INTERSTATE COMMERCE served on each party of record. fiber, synthetic fiber, and synthetic plas­ The publications hereinafter set forth tic and containers used for transporta­ COMMISSION reflect the scope of the applications as tion of such commodities, poylester, filed by applicants, and may include de­ textiles, and textile products, textile [Notice 1315] scriptions, restrictions, or limitations machinery and parts, chemicals, chem­ MOTOR CARRIER, BROKER, WATER which are not in a form acceptable to the ical products, and containers, ma­ CARRIER, AND FREIGHT FOR­ Commission. Authority which ultimately terials, and supplies used or con­ may be granted as a result of the appli­ sumed in production by a textile fac­ WARDER APPLICATIONS cations here noticed will not necessarily tory and empty beams (except commodi­ J uly 18, 1969. reflect the phraseology set forth in the ties in bulk, in vehicles, and except com­ The following applications are gov­ application as filed, but also will elimi­ modities which, because of size or weight, erned by Special Rule 1.2471 of the Com­ nate any restrictions which are not ac­ require special equipment), between mission’s general rules of practice (49 ceptable to the Commission. Pensacola and Gonzales, Fla.; Decatur CFR, as amended), published in the F ed­ No. MC 2860 (Sub-No. 58), filed and Huntsville, Ala.; on the one hand, eral R egister issue of April 20, 1966, ef­ June 18, 1969. Applicant: NATIONAL and, on the other, Bowling Green, Ky.; fective May 20,1966. These rifles provide, FREIGHT, INC., 57 West Park Avenue, and the site of the Firestone Synthetic among other things, that a protest to Vineland, N.J. 08360. Applicant’s rep­ Fibers & Textiles Co., Division of the the granting of an application must be resentative: Alvin Altman, 1776 Broad­ Firestone Tire & Rubber Co. located filed with the Commission within 30 days way, New York, N.Y. 10019. Authority north of Bowling Green, Ky.; and (2) after date of notice of filing of the ap­ sought to operate as a common carrier, tire fabrics, from Bowling Green, Ky., plication is published in the F ederal by motor vehicle, over irregular routes, and points within a radius of 10 miles R egister. Failure seasonably to file a transporting: Foodstuffs, frozen and not thereof, to Memphis, Tenn., and Albany, protest will be construed as a waiver of frozen; meats, meat products, meat by­ Ga., and points within 10 miles of each. opposition and participation in the pro­ products, and articles distributed by N ote: The.purpose of this republication ceeding. A protest under these rules meat packinghouses, as described in is to amend both the commodities de­ should comply with § 1.247(d) (3) of the sections A, B, and C of appendix I to the scription and the points of service to rules of practice which requires that it report in Description in Motor Carrier comport with the needs for service estab­ set forth specifically the grounds upon Certificates, 61 M.C.C. 209 and 766, in lished by the supporting shippers. Ap­ which it is made, contain a detailed straight and mixed shipments, between plicant states it intends to tack the statement of protestant’s interest in the Vineland, N.J., on the one hand, and, on authority requested in this application proceeding (including a copy of the the other, points in the United States with points common to its certificated specific portions of its authority which west of Interstate Highway 75 (except authority, wherein it conducts operations Protestant believes to be in conflict with points in Alaska and Hawaii). Note: Ap­ in Alabama, Tennessee, South Carolina, that sought in the application, and de­ plicant states it will tack at Vineland, and Georgia. If a hearing is deemed scribing in detail the method—whether N.J., to and from points in the eastern necessary, applicant requests it be held by joinder, interline, or other means— United States. If a hearing is deemed at Washington, D.C., or Atlanta, Ga. by which protestant would use such au­ necessary, applicant requests it be held Special notice: The publication herein­ thority to provide all or part of the at New York, N.Y., Philadelphia, Pa., or above set forth reflects the scope of the service proposed), and shall specify with Washington, D.C. application as filed by applicant, and particularity the facts, matters, and No. MC 11592 (Sub-No. 6), filed June may include descriptions which are not things relied upon, but ¿ball not include 27, 1969. Applicant: BEST REFRIGER­ in a form acceptable to the Commission. issues or allegations phrased generally. ATED EXPRESS, INC., 1001 West South Authority which ultimately may be Protests not in reasonable compliance Omaha Bridge Road, Council Bluffs, granted as a result of the application with the requirements of the rules may Iowa 51501. Applicant’s representative: here noticed will not necessarily reflect be rejected. The original and one copy Donald L. Stern, 630 City National Bank the phraseology set forth in the applica­ of the protest shall be filed with the Building, Omaha, Nebr. 68102. Authority tion as filed, but also will eliminate any Commission, and a copy shall be served sought to operate as a common carrier, restrictions which are not acceptable to concurrently upon applicant’s represent­ by motor vehicle, over irregular routes, the Commission. ative, or applicant if no representative is transporting: Meats, meat products, and No. MC 20793 (Sub-No. 42), filed June named. If the protest includes a request meat byproducts and articles distributed 27, 1969. Applicant: WAGNER TRUCK­ by meat packinghouses, as defined in sec­ ING CO., INC., Jobstown, N.J. 08041. Ap­ 1 Copies of Special Rule 1.247 (as amended) tions A and C of appendix I to the re­ plicant’s representative: G. Donald can be obtained by writing to the Secretary, port in Descriptions in Motor Carrier Bullock, 128 Greenwood Avenue, Wyn- Interstate Commerce Commission, Washing­ Certificates, 61 M.C.C. 209 and 766, ex­ cote, Pa. 19095. Authority sought to oper­ ton, D.C. 20423. cept commodities in bulk, in tank ve­ ate as a common carrier, by motor

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12308 NOTICES vehicle, over irregular routes, transport­ to other lading), between Path and No. MC 55898 (Sub-No. 39), filed June ing: Limestone, from the Baltimore, Md., Kenedy, Tex., over U.S. Highway 181 to 16, 1969. Applicant: HARRY A. DE- commercial zone as defined by the Com­ Kenedy and return over the same route, CATO, doing business as DECATO mission, to points in New Jersey and serving all intermediate points. N ote: If BROS. TRUCKING CO., Heater Road, those in Pennsylvania on and east of a hearing is deemed necessary, appli­ , N.H. 03766. Applicant’s repre­ U.S. Highway 15. Note: Applicant states cant requests it be held at San Antonio, sentative: Arthur J. Barbeau, 795 Elm it does not intend to tack, and is ap­ Tex. Street, Room 510, Manchester, N.H. parently willing to accept a restriction No. MC 42261 (Sub-No, 102), filed 03101. Authority sought to operate as a against tacking, if warranted. If a hear­ June 30, Í969. Applicant: LANGER common carrier, by motor vehicle, over ing is deemed necessary, applicant re­ TRANSPORT CORP., Route 1 and Dan- irregular routes, transporting: (1) Lum­ quests it be held at Philadelphia, Pa. forth Avenue, Jersey City, N.J. 07303. ber, and (2) wood and forest products, No. MC 29079 (Sub-No. 55), filed July Applicant’s representative: W. C. between points in New Hampshire and 6, 1969. Applicant: BRADA MILLER Mitchell, 140 Cedar Street, New York, Vermont. N ote: Applicant states it in­ FREIGHT SYSTEM, INC., 1210 South N.Y. 10006. Authority sought to operate tends to tack at any point where service Union Street, Kokomo, Ind. 46901. Appli­ as a common carrier, by motor vehicle, would be authorized in New Hampshire cant’s representative: Carl L. Steiner, 39 over irregular routes, transporting: and Vermont. Applicant further states South La Salle Street, Chicago, 111. 60603. Liquid anijnal and poultry feed, in bulk, that this application is filed for the pur­ Authority sought to operate as a common from Albany, N.Y., and Manheim, Pa., pose of permitting applicant to conduct carrier, by motor vehicle, over irregular to points in Connecticut, Delaware, operations between all points in New routes, transporting: General commodi­ Maine, Maryland, Massachusetts, New Hampshire and Vermont in direct serv­ ties (except those of unusual value, Hampshire, New Jersey, New York, Ohio, ice, without having to combine or tack classes A and B explosives, household Pennsylvania, Rhode Island, and Ver­ various segments of its present author­ goods as defined by the Commission, and mont. Note : Applicant states it does not ity. Applicant holds authority under MC liquid commodities in bulk), between intend to tack, and is apparently willing 111735, as a contract carrier, therefore, points in Hancock County, Ky., on the to accept a restriction against tacking, if dual operations may be involved. If a one hand, and, on the other, points in warranted. If a hearing is deemed nec­ hearing is deemed necessary, applicant Alabama, Illinois, Indiana, Kentucky, essary, applicant requests it be held at requests it be held at Concord, N.H. Michigan, , Ohio, South Caro­ Washington, D.C. No. MC 57941 (Sub-No. 4), filed May lina, Tennessee, and West Virginia and No. MC 42487 (Sub-No. 724), filed 19, 1969. Applicant: CITY TRANSFER points in Carroll County, Ga. N ote: Ap­ June 30, 1969. Applicant: CONSOLI­ COMPANY, a corporation, 2045 West plicant states it does not intend to tack, DATED FREIGHTWAYS CORPORA­ Buckeye Road, Phoenix, Ariz. 85009. Ap­ and is apparently willing to accept a re­ TION OF DELAWARE, 175 Linfield plicant’s representative: Donald E. Fer- striction against tacking, if warranted. Drive, Menlo Park, Calif. 94025. Appli­ naays, 4114A North 20th Street, Phoenix, If a hearing is deemed necessary, appli­ cant’s representative: V. R. Oldenburg, Ariz. 85016. Authority sought to operate cant requests it be held at Chicago, HI. Post Office Box 5138, Chicago, 111. 60680. as a common carrier, by motor vehicle, No. MC 30844 (Sub-No. 277), filed Authority sought to operate as a com­ over irregular routes, transporting: Gen­ , 1969. Applicant: KROBLIN mon carrier, by motor vehicle, over regu­ eral commodities, except those of un­ REFRIGERATED XPRESS, INC., 2125 lar routes, transporting: General com­ usual value and household goods as de­ Commercial, Waterloo, Iowa 50704. modities (except those of unusual value, fined by the Commission, between points Applicant’s representative: Truman A. classes A and B explosives, livestock, in the encompassed territory in Mari­ Stockton, Jr., The 1650 Grant Street green hides, household goods as defined copa, Pinal, and Pima Counties, Ariz., as Building, Denver, Colo. 8020?. Authority by the Commission, commodities is bulk, described; beginning at Cartaro, Ariz., sought to operate as a common car­ and those requiring special equipment, on Interstate Highway 10, north and east rier, by motor vehicle, over irregular serving Mountainville, N.Y., as an off- on a line to Oracle Junction, Ariz., on routes, transporting: Meat, meat prod­ route point in connection with carrier’s U.S. Highways 80 and 89, north on a line ucts, meat byproducts and articles presently authorized regular route opera­ to Kearny, Ariz., on Arizona Highway distributed by meat packinghouses, from tions. N ote: If a hearing is deemed nec­ 177, north and west on Arizona Highway the plantsite and storage facilities used essary, applicant requests it be held at 177 to Superior, Ariz., west on U.S. High­ by National Beef Packing Co. at or New York, N.Y., or Washington, D.C. ways 80 and 89 to Apache Junction, near Liberal, Kans., to points in Maine, No. MC 48221 (Sub-No. 2) (Amend­ Ariz., north and east on Arizona High­ Maryland, Massachusetts, New Hamp­ ment), filed April 10, 1969, published in way 88 to Tortilla Flats, Ariz., west on a shire, New York, Vermont, Pennsylvania, F ederal R egister issue of May 1, 1969, line from Tortilla Flats, Ariz., to Cactus, Rhode Island, New Jersey, and Connect­ amended , 1969, and republished, Ariz., west on Cactus Road to 59th Ave­ icut, restricted to traffic originating at as amended, this issue. Applicant: W. N. nue, south on 59th Avenue to Glendale, the plantsite and warehouse facilities of MOREHOUSE TRUCK LINE, INC., Ariz., west on Glendale Avenue to 99th National Beef Packing Co. N ote: Appli­ 2501 O Street, Omaha, Nebr. 68107. Ap­ Avenue, south of 99th Avenue to Tolle- cant states it does not intend to tack, plicant’s representative: Gerald C. More­ son, Ariz., west of U.S. Highway 80 to and is apparently willing to accept a house (samé address as above). Authori­ Goodyear, Ariz., south and west on a line restriction against tacking, if warranted. ty sought to operate as a common carrier, from Goodyear, Ariz., to a point on Ari­ Common control may be involved. If a by motor vehicle, over irregular routes, zona Highway 84, 3 miles east of Gila, hearing is deemed necessary, applicant transporting: Meats, meat products, and Bend Ariz., south and east on a line requests it be held at Kansas City, Mo., meat byproducts, and articles distributed from Arizona Highway 84, 3 miles east or Washington, D.C. by meat packinghouses, as described in of Gila Bend, Ariz., to Vaya Chin, Ariz., No. MC 41870 (Sub-No. 8), filed sections A and C of appendix I to the re­ on the Papago Indian Reservation, east June 23r 1969. Applicant: VICTOR L. port in Descriptions in Motor Carrier„ and south on a line from Vaya Chin, LANGE, doing business as LANGE Certificates, 61 M.C.C. 209 and 766, from Ariz., to Schuchk, Ariz., on the Papago TRUCK LINE, 1008 Oaklawn, Post Office the plant and warehouse facilities of Indian Reservation, east and north on a Box 28, Pleasanton, Tex. 78064. Appli­ Swift & Co., at or near Glenwood, Iowa, line to the beginning point of Cartaro, cant’s representative: Mert Starnes, The to points in Colorado, Illinois, Michigan, Ariz., on Interstate Highway 10. 904 Lavaca Building, Austin, Tex. 78701. Nebraska, and to points in Kansas City, (2) Dried and liquid fertilizer and Authority sought to operate as a com­ Kans.-Mo., commercial zone, restricted dried and liquid insecticides within the mon carrier, by motor vehicle, over regu­ to traffic origination at the named facili­ State of Arizona. (3) Boxes, fiberboard, lar routes, transporting: General com­ ties and destined to the above-named corrugated or not corrugated, pvlpboard, modities (except classes A and B explo­ destinations. N ote: the purpose of this corrugated or not corrugated, and paper, sives, commodities of unusual value, republication is to redescribe the au­ for use in the manufacturing of corru­ household goods as defined by the gated containers, between points in Ari­ Commission, commodities in bulk, com-, thority sought. If a hearing is deemed zona, Imperial County, and that por­ modifies requiring special equipment, necessary, applicant requests it be held tion of Riverside and San Bernardino and those injurious or contaminating at Omaha, Nebr., or Chicago, HI. Counties, Calif., east of a north south

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12309 line beginning at the Nevada-California 129 Edgington Lane, Wheeling, W. Va. may be involved. If a hearing is deemed State line directly north of Nipton, Calif., 26003. Note: The purpose of this partial necessary, applicant requests it be held and extending south through Nipton and republication is to show correct name of at Washington, D.C., or Houston, Tex. Desert Center, Calif., to the northern commodity description as “Such bulk No. MC 85465 (Sub-No. 17) (Correc­ boundary of Imperial County, Calif., commodities”, as are transported in tion), filed , 1969, published Delta, Montezuma, Mesa Counties, Colo., dump trucks, in lieu of “general com­ F ederal R egister, issues of May 1, 1969, Dona Ana, Lincoln, Luna, San Juan, and modities”, as are transported in dump and July 3, 1969, amended June 12,1969, Torrence Counties, N. Mex., El Faso and trucks shown erroneously in previous and republished as corrected this issue. Deaf Smith Counties, Tex. N ote : Appli­ publication. The rest of the application Applicant: WEST NEBRASKA EX­ cant states it is seeking multi-State au­ remains the same. PRESS, INC., Post Office Drawer 350, thority, and proposed to convert in part No. MC 79999 (Sub-No. 5), filed Scottsbluff, Nebr. 69361. Applicant’s rep­ certificate of registration MC 57941 Sub June 26, 1969. Applicant: E. JACK WAL­ resentative: Truman A. Stockton, Jr., 3, to a Certificate of Public Convenience TON TRUCKING COMPANY, a corpora­ The 1650 Grant Street Building, Denver, and Necessity. Applicant requests should tion, 13020 Sarah Lane, Post Office Box Colo. 80203. Authority sought to operate instant application be granted that the 9776, Houston, Tex. 77015. Applicant’s as a common carrier, by motor vehicle, certificate of registration be canceled. representative: Joe G. Fender, 802 Hous­ over irregular routes, transporting: Gen­ Applicant states it does not intend to ton First- Savings Building, Houston, eral commodities, including classes A tack, and is apparently willing to accept Tex. 77002. Authority sought to operate and B explosives, but excepting livestock, a restriction against tacking if war­ as a common carrier, by motor vehicle, household goods, commodities which be­ ranted. If a hearing is deemed necessary, over irregular routes, transporting: (1) cause of size or weight require the use of applicant requests it be held at Phoenix, Commodities which because of their size special equipment, articles of unusual Ariz. or weight require the use of special equip­ value, and commodities in bulk, between No. MC 59150 (Sub-No. 42), filed ment or special handling, and (2) am­ points in Nebraska, on the one hand, July 2, 1969. Applicant: PLOOP TRANS­ munitions and explosives, when moving and, on the other, points in the United FER COMPANY, INC., 1901 Hill Street, on U.S. Government bills of lading, (a) States, except Alaska and Hawaii, re­ Jacksonville, Fla. 32202. Applicant’s rep­ between military installations or Defense stricted to traffic moving from, to, or be­ resentative: Martin Sack, Jr., 1754 Gulf Department establishments in the tween military installations or Defense Life Tower, Jacksonville, Fla. 32207. United States, and (b) between points in Department establishments. Note: The Authority sought to operate as a com­ (a) above, on the one hand, and, on the purpose of this republication is to re- mon carrier, by motor vehicle, over ir­ other, points in Texas, Oklahoma, Kan­ describe the territorial description. If a regular routes, transporting: Composi­ sas, New Mexico, and Louisiana. N ote: hearing is deemed necessary, applicant tion board and parts, materials, supplies, Applicant states it does not intend to requests it be held at Washington, D.C- and accessories used in the installation tack and is apparently willing to accept No. MC 88082 (Sub-No. 8), filed of composition board, from the plantsite a restriction against tacking, if war­ June 25, 1969. Applicant: ST. MARYS of The Celotex Corp. at Marrero, La., to ranted. Applicant also states no dupli­ TRUCKING CO., INC., 1417 Hart Street, points in Alabama, Georgia, North Caro­ cating authority is being sought. If a Post Office Box 765, Vincennes, Ind. lina, South Carolina, Tennessee, and hearing is deemed necessary, applicant 47591. Applicant’s Earl J. Thomas, 5850 Virginia. N ote: Applicant states it does requests it be held at Washington, D.C. North High Street, Worthington, Ohio not intend to tack, and is apparently No. MC 82841 (Sub-No. 58), filed 43085. Authority sought to operate as a willing to accept a restriction against June 30,1969. Applicant: HUNT TRANS­ common carrier, by motor vehicle, over tacking, if warranted. If a hearing is PORTATION, INC., 801 Livestock Ex­ irregular routes, transporting: Chemi­ deemed necessary, applicant requests it change Building, Omaha, Nebr. 68107. cals, dry (other than in bulk), between be held at Tampa, Fla., or Atlanta, Ga. Applicant’s representative: Donald L. the plantsite of Diamond Shamrock No. MC 60117 (Sub-No. 2), filed Stem, 630 City National Bank Building, Chemical Corp., Painesville, Ohio, and June 16, 1969. Applicant: RAYMOND H. Omaha, Nebr. 68102. Authority sought to Terre Haute, Ind. N ote: Applicant states WILSON, doing business as WILSON operate as a common carrier, by motor it does not intend to tack, and is appar­ TRANSFER COMPANY, Post Office Box vehicle over irregular routes transport­ ently willing to accept a restriction 248, Quinton, Okla. 74561. Authority ing: Irrigation systems and parts for ir­ against tacking, if warranted. Applicant sought to operate as a common carrier, rigation systems, from points in Douglas states no duplicating authority is being by motor vehicle, over regular routes, County, Nebr., to points in North Dakota, sought. If a hearing is deemed necessary, transporting: General commodities (ex­ South Dakota, Minnesota, Iowa, Wiscon­ applicant requests it be held at Colum­ cept those of unusual value, livestock, sin, Maine, Illinois, Colorado, and Wyo­ bus, Ohio. classes A and B explosives, household ming. N ote : Applicant states it does No. MC 89723 (Sub-No. 53), filed June goods as defined by the Commission, not intend to tack, and is apparently 15, 1969'. Applicant: MISSOURI PA­ commodities in bulk, commodities re­ willing to accept a restriction against CIFIC TRUCK LINES, INC., 210 North quiring special equipment and those in­ tacking, if warranted. If a hearing is 13th Street, St. Louis, Mo. 63103. Appli­ jurious or contaminating to other deemed necessary, applicant requests it cant’s representative: Robert S. Davis, lading) , (1) between Kinta and Spiro, be held at Omaha, Nebr. 2008 Missouri Building, St. Louis, Mo. Okla., over Oklahoma Highway 31, to No. MC 83539 (Sub-No. 256), filed 63103. In No. MC 89723 (Sub-No. 53) Junction U.S. Highway 271, to Spiro, June 25, 1969. Applicant: C & H TRANS­ applicant holds extensive regular-route Okla., and return over the same route, PORTATION CO., INC., 1935 West common carrier authority authorizing serving the intermediate points of Le- Commerce Street, Dallas, Tex. 75222. the transportation of express matter, quire, Kerr McHehee Mining, Inc., Applicant’s representatives: J. P. Welsh, moving on express receipt of Railway Ex­ located in Milton, McCurtain, and Post Office Box 5976, Dallas, Tex. 75222, press Agency, Inc., and general com­ Bokoshe, Okla.; and (2) between Quin­ and W. T. Brunson, 419 Northwest Sixth modities, except livestock, household ton, Okla., and Eufaula Dam over Okla­ Street, Oklahoma City, Okla. 73102. Au­ goods as defined by the Commission, homa Highway 71, and return over the thority sought to operate as a common commodities in bulk, and those requiring same route, serving Enterprise, Okla. carrier, by motor vehicle, over irregular special equipment, over specified regular N ote: If a hearing is deemed necessary, routes, transporting: Aircraft ground routes in the States of Arkansas, Ten­ applicant requests it be held at Oklahoma support units, and aircraft cargo and nessee, and Missouri, subject to certain City, or Tulsa, Okla. passenger handling equipment, and restrictions, among which is the follow­ No._ MC 79065 (Sub-No. 1) (Correc­ machinery, attachments, parts, and ac­ ing r No shipments shall be transported tion) , filed June 19, 1969, published F ed­ cessories used in connection therewith, by said carrier as a common carrier by eral R egister issue of July 18, 1969; cor­ from Houston, Tex., to points in the motor vehicle, between any of the follow­ rected and republished as corrected, this United States (except Hawaii and ing points, or through, to, or from more issue. Applicant: THE D. C. McCURDY Texas). N ote: Applicant states it does than one of said points with hyphenated COMPANY, a corporation, Post Office not intend to tack, and is apparently points considered as a single key point: Box 160, Martins Ferry, Ohio 43925. Ap­ willing to accept a restriction against Memphis, Term.; Alexandria, La.; New­ plicant’s representative: D. L. Bennett, tacking, if warranted. Common control port, Little Rock-North Little Rock, Fort

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12310 NOTICES

Smith-Van Buren, Eldorado, and Tex­ cept a restriction against tacking, if quests it be held at Birmingham, Ala- arkana, Ark.; Poplar Bluff, Mo., except warranted. If a hearing is deemed neces­ or Atlanta, Ga. as to shipments to St. Louis, Mo.-East sary, applicant requests it be held at No. MC 107002 (Sub-No. 374), filed St. Louis, 111., and to and from Wynne rM iA FiA ftA ivr r* June 27, 1969. Applicant: MILLER and Newport, Ark. By this application, No. MC 103993 (Sub-No. 434), filed TRANSPORTERS, INC., Post Office Box applicant seeks to remove Port Smith- July 2, 1969. Applicant: MORGAN 1123, U.S. Highway 80 West, Jackson, Van Buren, Ark., as a keypoint. If this DRIVE-AWAY, INC., 2800 West Lex­ Miss. 39205. Applicant’s representatives: authority is granted the keypoint re­ ington Avenue, Elkhart, Ind. 46514. John J. Borth (same address as appli­ strictions appearing above would be Applicant’s representative: Paul D. Bor- cant), and H. D. Miller, Jr., Post Office amended to read: Memphis, Tenn.; ghesani (same address as applicant). Box 22567, Jackson, Miss. 39205. Author­ Alexandria, La.; Newport, Little Rock- Authority sought to operate as a common ity sought to operate as a common car­ North Little Rock, Eldorado, and Tex­ carrier, by motor vehicle, over irregular rier, by motor vehicle, over irregular arkana, Ark.; Poplar. Bluff, Mo., except routes, transporting: Camp coaches, routes, transporting: Chemicals, in bulk, as to shipments to St. Louis, Mo.-East St. truck campers, and trailers designed to in tank vehicles, from Memphis, Tenn., Louis, 111., and to and from Wynne and be drawn by passenger automobiles in to points in South Carolina and Virginia. Newport, Ark. No other restrictions would initial movements, from points in Na­ N ote: Applicant states that while tack­ be altered and the service would remain trona County, Wyo., to points in the ing is not contemplated, the authority auxiliary to, and supplemental of, rail United States east of the Mississippi sought could be combined with other au­ service of Missouri Pacific Railroad Co. River. N ote: Applicant states it does thorities in MC 107002 and subs thereto Applicant is a wholly owned subsidi­ not intend to tack, and is apparently to perform service from points in Arkan­ ary of Missouri Pacific Railroad Co. If willing to accept a restriction against sas. No duplicating authority is sought. a hearing is deemed necessary, applicant tacking, if warranted. If a hearing is If a hearing is deemed necessary, appli­ requests it be held at Little Rock, Ark. deemed necessary, applicant requests it cant requests it be held at Memphis, No. MC 90373 (Sub-No. 30), filed be held at Casper, Wyo. Tenn. June 30, 1969. Applicant: C. & R. No. MC 106623 (Sub-No. 11), filed No. MC 107496 (Sub-No. 736), filed TRUCKING CO., a corporation, Inman June 26, 1969. Applicant: SOUTHWEST July 2, 1969. Applicant: RUAN TRANS­ Avenue, Avenel, N.J. 07001. Applicant’s OILFIELD TRANSPORTATION CO., a PORT CORPORATION, Keosauqua Way representative: George A. Olsen, 69 Ton- corporation, 602 Service Street, Post Of­ at Third, Post Office Box 855, Des nele Avenue, Jersey City, N.J. Authority fice Box 7427, Houston, Tex. 77008. Ap­ Moines, Iowa 50304. Applicant’s repre­ sought to operate as a contract carrier, plicant’s representative: Joe G. Fender, sentative: H. L. Fabritz (same address as by motor vehicle, over irregular routes, 802 Houston First Saving Building, applicant). Authority sought to operate transporting: Commodities manufac­ Houston, Tex. 77002. Authority sought to as a common carrier, by motor vehicle, tured, warehoused by, and shipped be­ operate as a common carrier, by motor over irregular routes, transporting: Ce­ tween the facilities of Inmont Corp. at vehicle, over irregular routes, transport­ ment, in bulk, from Chicago, Des Plaines, Winslow, N.J., on the one hand, and, on ing: (1) commodities which because of and Lemont, 111., to points in Wisconsin, the other, New York, N.Y., points in Nas­ their size or weight require the use of Indiana, and Illinois. N ote: Applicant sau, Suffolk, Orange, Rockland and special equipment or special handling; asserts there is a possibility of tacking, Westchester Counties, N.Y., points in and (2) ammunition and explosives, but there is no present intention to tack. Connecticut and points in Pennsylvania when moving on U.S. Government bills Common control may be involved. If a east of the Susquehanna River, Dela­ of lading; (a) between military installa­ hearing is deemed necessary, applicant ware and Maryland, under contract tions or Defense Department establish­ requests it be held at Chicago, 111., or withTnmont Corp. N ote: If a hearing is ments in the United States; and (b) Des Moines, Iowa. deemed necessary, applicant requests it between points in (a) above, on the one No. MC 108068 (Sub-No. 82), filed be held at New York, N.Y., or Wash­ hand, and, on the other, points in Ala­ June 16, 1969. Applicant: U.S.A.C. ington, D.C. bama, Arizona, Arkansas, California, TRANSPORT, INC., Post Office Box G, No. MC 94876 (Sub-No. 6), filed , Georgia, Kansas, Louisiana, Mis­ Joplin, Mo. 64801. Applicant’s repre­ June 20, 1969. Applicant: RICHARD sissippi, New Mexico, Oklahoma, and sentatives: A. N. Jacobs (same address ACERRA, INC., 43-09 Vernon Boulevard, Texas. N ote : Applicant states it does not as applicant) and Wilburn L. William­ Long Island City, New York, N.Y. 11101. intend to tack, and is apparently willing son, 600 Leininger Building, Oklahoma Applicant’s representative: J. Aiden to accept a restriction against tacking, if City, Okla. 73112. Authority sought to Connors, Suite 454, 527 Lexington Ave­ warranted. Applicant also states no du­ operate as a common carrier, by motor nue, New York, N.Y. 10017. Authority plicating authority is being sought. If a vehicle, over irregular routes, transport­ sought to operate as a contract carrier, hearing is deemed necessary, applicant ing: (1) Aircraft and aircraft parts, and by motor vehicle, over irregular routes, requests it be held at Washington, D.C. (2) equipment, parts, materials, machin­ transporting: Bakery goods and products, No. MC 106644 (Sub-No. 98), filed ery and supplies used in the assembling, in containers, bakery product containers June 25, 1969. Applicant: SUPERIOR maintenance, servicing, repairing and and stale bakery products, between New TRUCKING COMPANY, INC., 2770 Pey­ operation of aircraft, between (a) points York, N.Y., and Wayne (Passaic County), ton Road, NW., Atlanta, Ga. 30321. Ap­ in Tennessee, Arkansas, Texas, Colorado, N.Y., under contract with Borden, Inc., plicant’s representative: K. Edward Wol­ Kansas, Nebraska, Oregon, Washington, Foods Division, Drake Bakeries. N ote: cott (same address as applicant). Au­ Illinois, Minnesota, Iowa, Louisiana, If a hearing is deemed necessary, appli­ thority sought to operate as a common Georgia, Florida, Oklahoma, Missouri, cant requests it be held at New York, carrier, by motor vehicle, over irregular New York, California, Virginia, and the N.Y., or Washington, D.C. routes, transporting : Plastic pipe, plastic District of Columbia, and (b) between No. MC 103993 (Sub-No. 430), filed or iron fittings and connections, valves, points in (a) above, on the one hand, June 25, 1969. Applicant: MORGAN hydrants, and gaskets, from the plant- and, on the other, points in the United DRIVE-AWAY, INC., 2800 West Lexing­ site and warehouse facilities of the Clow States (except Alaska and Hawaii), re­ ton Avenue, Elkhart, Ind. 46514. Appli­ Corp., located near Lincoln (Talladega stricted to traffic originating at or des­ cant’s representative: Paul D. Borghe- County), Ala., to points in Connecticut, tined to terminals and facilities of sani (same address as applicant). Delaware, Iowa, Kansas, Maine, Mary­ Braniff International. N ote: If a hearing Authority sought to operate as a com­ land, Massachusetts, Michigan, Minne­ is deemed necessary, applicant requests mon carrier, by motor vehicle, over ir­ sota, Nebraska, New Hampshire, New it be held at Washington, D.C., or Dallas, regular routes, transporting: Trailers, Jersey, New York, North Dakota, Ohio, Tex. designed to be drawn by passenger auto­ Pennsylvania, Rhode Island, South Da­ No. MC 108185 (Sub-No. 43), filed mobiles, in initial movements, in truck- kota, Vermont, Wisconsin, and the Dis­ June 5, 1969. Applicant: JACK COLE- away service, from points in Columbus trict of Columbia. N ote : Applicant states DIXIE HIGHWAY COMPANY, a cor­ County, N.C., to points in the United it does not intend to tack, and is appar­ poration, 2625 Territorial Road, St. Paul, States excluding Alaska and Hawaii. ently willing to accept a restriction Minn. 55114. Applicant’s representatives: N ote : Applicant states it does not intend against tacking, if warranted. If a hear­ John R. Turney, 342 West Vista Avenue, to tack, and apparently is willing to ac­ ing is deemed necessary, applicant re­ Phoenix, Ariz. 85021, and William O.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12311

Turney, 2001 Massachusetts Avenue NW., and is apparently willing to accept a re­ irregular routes, transporting: (1) Busi­ Washington, D.C, 20036. Authority striction against tacking, if warranted. ness papers, records, and audit and ac­ sought to operate as a common carrier, Applicant states no duplicating authority counting media of all kinds, and ad­ by motor vehicle, over regular routes, is being sought. If a hearing is deemed vertising material moving therevnth; (a) transporting: General commodities (ex­ necessary, applicant requests it be held at between Minneapolis, Minn., on the one cept those of unusual value, classes A Washington, D.C. hand, and, on the other, points in North and B explosives, household goods as de­ No. MC 110420 (Sub-No. 594), filed Dakota, South Dakota, and points in fined by the Commission, commodities July 7, 1969. Applicant: QUALITY CAR­ Ashland, Barron, Chippewa, Douglas, in bulk, commodities requiring special RIERS, INC., 100 South Calumet Street, Eau Claire, La Crosse, Langlade, Mara­ equipment, and those injurious or con­ Burlington, Wis. 53105. Applicant’s rep­ thon, Oneida, Rusk, Washburn, and taminating to other lading); (1) be­ resentative: A. Bryant Torhorst (same Wood Counties, Wis.; (b) between Des tween Atlanta, Ga., and Nashville, Term., address as applicant). Authority sought Moines and Cedar Rapids, Iowa, on the from Atlanta over U.S. Highway 41 to to operate as a common carrier, by motor one hand, and, on thé other, points in Adairsville, Ga., thence over U.S. High­ vehicle, over irregular routes, transport­ Iowa, on traffic having an immediately way 41 (also Interstate Highway 75) to ing: Chocolate, chocolate and cocoa bean prior or subsequent movement by air; (c) junction Interstate Highway 24 at or products, coating and flavoring com­ between Milwaukee, Wis., on the one near Chattanooga, Term., thence over pounds, and liquid cocoa butter, in bulk, hand, and, on the other, points in Colum­ U.S. Highway 41 (also Interstate High­ from Burlington, Wis., to points in Ala­ bia, Grant, Monroe, Portage, Richland, way 24) to Nashville, and return over bama, California, Colorado, Georgia, Hli- Sauk, Vernon, and Wood Counties, Wis., the same route, serving no intermediate nois, Indiana, Iowa, Kentucky, Louisiana, on traffic having an immediately prior points, and serving Nashville for purpose Michigan, Minnesota, Missouri, Ne­ or subsequent movement by air; (d) be­ of joinder only, and (2) between Atlanta, braska, New Jersey, New York, North tween Long Island City, N.Y., on the one Ga., and Cincinnati, Ohio, from Atlanta Carolina, North Dakota, Ohio, Oklahoma, hand, and, on the other, points In Essex over U.S. Highway 41 to Cartersville, Pennsylvania, South Carolina, South Da­ and Middlesex Counties, N.J., and points Ga., thence over U.S. Highway 411 to kota, Texas, Utah, and Virginia. N ote: in New Haven and Hartford Counties, junction U.S. Highway 129, thence over Common control may be involved. Appli­ Conn.; (e) between Jamestown, N.Y., U.S. Highway 129 to Knoxville, Tenn., cant states it does not intend to tack, and and Erie, Pa.; (f) between points in thence over U.S. Highway 25W (also is apparently willing to accept a restric­ California, having an immediately prior Interstate Highway 75) to Corbin, Ky., tion against tacking, if warranted. If a or subsequent movement by air; (2) thence over U.S. Highway 25W (also hearing is deemed necessary, applicant whole human blood, between St. Louis, Interstate Highway 75) to Cincinnati requests it be held at Washington, D.C., Mo., on the one hand, and, on the other, and return over the same route serving or Chicago, HI. points op and south of Highway 40 in no intermediate points, and serving Cin­ No. MC 111231 (Sub-No. 165) filed Indiana; and Louisville and Lexington, cinnati for purposes of joinder only; as , 1969, published F ederal R egis­ Ky.; (3) cut flowers and decorative alternate routes for operating conven­ ter June 5, 1969, and republished as greens, having an immediately prior or ience only in connection with (1) and clarified this issue. Applicant: JONES subsequent movement by motor vehicle; (2) above. N ote: Common control may TRUCK LINES, INC., 610 East Emma (a) between points in Hlinois; (b) be­ be involved. If a hearing is deemed nec­ Avenue, Springdale, Ark. 72764. Appli­ tween points in Indiana; (c) between essary, applicant requests it be held at cant’s representative: B. J. Wiseman points in Iowa; .(d) between points in Washington, D.C., Minneapolis, Minn., (same address as applicant). Authority Kentucky; (e) between points in Michi­ or Phoenix, Ariz. sought to operate as a common carrier, gan; (f) between points in Missouri ; (g) No. MC 108207 (Sub-No. 264), filed by motor vehicle, over irregular routes, between points in Ohio; (h) between June 23, 1969. Applicant: FROZEN transporting: Cement asbestos products, points in Tennessee; (i) between points FOOD EXPRESS, INC., 318 Cadiz conduits or pipe and fittings and acces­ in Virginia; and (4) repair and replace­ Street, Dallas, Tex. 75222. Applicant’s sories necessary to the installation there­ ment pump and pipe parts, consisting of representative: J. B. Ham, Post Office of; plastic pipe, fittings, and accessories shafts, impellers, bushings, housings, cas­ Box 5888, Dallas, Tex. 75222. Authority necessary to the intallation thereof, in ings, nipples, collars, and flanges, re­ sought to operate as a common carrier, straight or mixed shipments, from Van stricted against the transportation of by motor vehicle, over irregular routes, Buren, Ark., to points in Hlinois, Indiana, packages or articles weighing in the ag­ transporting: Human blood plasma, (1) Iowa, Kansas, Kentucky, Louisiana, gregate more than 75 pounds from one from Memphis, Tenn., to Los Angeles, Missouri, Mississippi, Nebraska, Okla­ consignor to one consignee on any one Calif., and Kankakee, HI.; and (2) from homa, Tennessee, and Texas. N ote: The day, having an immediately prior or sub­ St. Louis, Mo., to Kankakee, HI. N ote: purpose of this republication is to clarify sequent movement by air, between points Applicant states it does not intend to the commodity description, which" was in California. N ote: Applicant states tack, and is apparently willing to accept shown erroneously in previous publica­ it intends to tack with its common car­ a restriction against tacking, if war­ tion with a comma after “cement”. Ap­ rier authority. Applicant is also author­ ranted. If a hearing is deemed necessary, plicant indicates tacking possibilities ized to operate as a contract carrier applicant requests it be held at Memphis, with portions of its authority in MC under MC 112750 and related subs, there­ Tenn. 111231 and subs thereto wherein as here fore, dual operations may be involved. No. MC 108676 (Sub-No. 31), filed pertinent it conducts operations in Ar­ If a hearing is deemed necessary, appli­ June 30, 1969. Applicant: A. J. METLER kansas, Colorado, Illinois, Indiana, cant requests it be held at Washington, HAULING AND RIGGING, INC., 117 Kansas, Louisiana, Minnesota, Missis­ D.C., or New York, N.Y. Chicamauga Avenue, Knoxville, Tenn. sippi, Missouri, Nebraska, New Mexico, No. MC 111812 (Sub-No. 382), filed 37917. Applicant’s representative: J. G. North Dakota, Oklahoma, South Dakota, June 18, 1969. Applicant: MIDWEST Dail, Jr., 1111 E Street NW., Washington, Tennessee, and Texas. If a hearing is COAST TRANSPORT, INC., 405% East D.C. 20004. Authority sought to operate deemed necessary, applicant requests it Eighth Street, Post Office Box 1233, as a common carrier, by motor vehicle, be held at Dallas, Tex., or Washington, Sioux Falls, S. Dak. 57101. Applicant’s over irregular routes, transporting: Com­ D.C. representatives: Donald L. Stern, 630 modities which require the use of spe­ No. MC 111729 (Sub-No. 285), filed City National Bank Building Omaha, cial equipment by reason of size or June 19, 1969. Applicant: AMERICAN Nebr. 68102, and R. H. Jinks (same weight, (a) between military installa­ COURIER CORPORATION, 2 Nevada address as applicant). Authority sought tion or Defense Department establish­ Drive, Lake Success, N.Y. 11040. Appli­ to operate as a common carrier, by motor ments in Alabama, Georgia, Kentucky, cant’s representatives: John M. Delany vehicle, over irregular routes, transport­ North Carolina, South Carolina, Ten­ (same address as applicant) and Russell ing: Meats, meat products, and meat by­ nessee, and Virginia, and (b) between S. Bernhard, 1625 K Street NW., Com­ products, and articles distributed by points in (a) above on the one hand, and, on the other, points in the United States monwealth Building, Washington, D.C. meat packinghouses, as defined in sec­ (except Alaska and Hawaii). N ote: Ap- 20006. Authority sought to operate as a tions A and C of appendix 1 to the re­ licant states it does not intend to tack, common carrier, by motor vehicle, over port in Descriptions in Motor Carrier

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12312 NOTICES

Certificates, 61 M.C.C. 209 and 766 (ex­ Gene R. Prokuski (same address as ap­ bama, Florida, and Georgia. N ote: Ap-. cept commodities in bulk, in tank ve­ plicant) . Authority sought to operate as plicant states it does not intend to tack, hicles, and except hides) from Buhl, a common carrier, by motor vehicle, and is apparently willing to accept a Idaho, to points in Washington, Oregon, over irregular routes, transporting: restriction against tacking, if warranted. Illinois, Minnesota, Wisconsin, Nebraska, Meat, meat products, meat byproducts, Common control may be involved. If a Colorado, Iowa, Michigan, Indiana, Kan­ and artibles distributed by meat packing­ hearing is deemed necessary, applicant sas, and Missouri. N ote : Applicant states houses as described in sections A and C requests it be held at Tampa or Orlando, it does not intend to tack, and is appar­ of appendix I to the report in Descrip­ Fla. ently willing to accept a restriction tions in Motor Carrier Certificates, 61 No. MC 115523 (Sub-No. 152), filed against tacking, if warranted. If a hear­ M.C.C. 209 and 766 (except hides, and June 26, 1969. Applicant: CLARK TANK ing is deemed necessary, applicant re­ commodities in bulk, in tank vehicles), LINES COMPANY, a corporation, 1450 quests it be held at Boise, Idaho, or from Glenwood, Iowa, to points in North Beck Street, Salt Lake City, Utah Denver, Colo. Connecticut, Delaware, Maine, Mary­ 84116. Applicant’s representative: Hal- No. MC 113362 (Sub-No. 163), filed land, Massachusetts, New Hampshire, ard E. Barker (same address as appli­ June 27, 1969. Applicant: ELLSWORTH New Jersey, New York, Pennsylvania, cant). Authority sought to operate as a FREIGHT LINES, INC., 310 East Broad­ Rhode Island, Vermont, Virginia, West common carrier, by motor vehicle, over way, Eagle Grove, Iowa 50533. Appli­ Virginia, and the District of Columbia, irregular routes, transporting: Sugar in cant’s representative: Donald L. Stern, restricted to traffic originating at Glen­ bulk, from Twin Falls, Idaho, and 10 630 City National Bank Building, wood, Iowa, from plantsite and/or stor­ miles thereof, and Rupert, Idaho, and 10 Omaha, Nebr. 68102. Authority sought age facilities of Swift & Co. to named miles thereof, to points in Utah. N ote: to operate as a common carrier, by destination States. No te: If a hearing is Applicant states it does not intend to motor vehicle, over irregular routes, deemed necessary, applicant requests it tack, and is apparently willing to accept transporting: Edible processed nuts in be held at Chicago, 111. a restriction against tacking, if war­ packages or containers, from the plant- No. MC 114533 (Sub-No. 194), filed ranted. Applicant further states no site and storage facilities of The Kelling July 7, 1969. Applicant: BANKERS DIS­ duplicating authority is held nor is it Nut Co., at Paterson, N.J., to Chicago, PATCH CORPORATION, 4970 South sought herein. If a hearing is deemed 111. N ote: Applicant states it does not Archer Avenue, Chicago, 111. 60632. Ap­ necessary, applicant requests it be held intend to tack, and is apparently willing plicant’s • representatives: Warren W. at Salt Lake City or Ogden, Utah. to accept a restriction against tacking, Wallin, 330 South Jefferson Street, Chi­ No. MC 115841 (Sub-No. 355), filed if warranted. If a hearing is deemed cago, 111. 60606, and Arnold Burke, 2220 June 23, 1969. Applicant: COLONIAL necessary, applicant requests it be held Brunswick Building, 69 West Washing­ REFRIGERATED TRANSPORTATION, at Washington, D.C. ton Boulevard, Chicago, 111. 60602. INC., 1215 West Bankhead Highway, No. MC 113535 (Sub-No. 10), filed Authority sought to operate as a common Post Office Box 2169, Birmingham, Ala. June 30,1969. Applicant: A & W TRUCK­ carrier, by motor vehicle, over irregular 35201. Applicant’s representatives: C. E. ING CO., INC., Box 370, Rural Route 2, routes, transporting: (1) Audit media Wesley (same address as applicant), and Mosinee, Wis. 54455. Applicant’s repre­ and other business records, between Elk E. Stephen Heisley, 666 11th Street NW., sentative: Charles E. Nieman, 1160 Grove Village, 111., on the one hand, and, Washington, D.C. 20001. Authority Northwestern Bank Building, Minneap­ on the other, Detroit, Mich.; and (2) sought to operate as a common carrier, olis, Minn. 55402. Authority sought to specifications and d ra w in g sbetween by motor vehicle, over irregular routes, operate as a common carrier, by motor Topeka, Kans., on the one hand, and, transporting: Bananas, plantains, coco­ vehicle, over irregular routes, trans­ on the other, St. Louis, Mo. Note : Appli­ nuts, pineapples, and agricultural com­ porting: Fiberboard and fiberboard cant states it does not intend to tack, and modities, exempt from economic regula­ products, from Rockford, 111., to points is apparently willing to accept a restric­ tion pursuant to section 203(b) (6) of the in Iowa on or east of U.S. Highway 61 tion against tacking, if warranted. If a Interstate Commerce Commission Act, and points in Wisconsin on or south or hearing is deemed necessary, applicant when transported at the same time in the west of a line from La Crosse, Wis., requests it be held at Chicago, 111., or same vehicle with commodities subject along Wisconsin Highway 33 to the junc­ St. Louis, Mo. to economic regulation (as otherwise tion of Wisconsin Highway 33 and U.S. No. MC 115273 (Sub-No. 9), filed June authorized), from Wilmington, Del., to Highway 12, and thence along U.S. High­ 30, 1969. Applicant: ACME CARRIERS, points in the United States east of New way 12 to the Wisconsin-Illinois bound­ INC., 216 Third Street, , N.Y. Mexico, Colorado, Wyoming, and Mon­ ary. N ote: Applicant states it does not Applicant’s representative George A. Ol­ tana. N ote : Applicant states it does not intend to tack, and is apparently willing sen, 69 Tonnele Avenue, Jersey City, N.J. intend to tack, and is apparently willing to accept a restriction against tacking, if 07306. Authority sought to operate as a to accept a restriction against tacking, warranted. If a hearing is deemed neces­ common carrier, by motor vehicle, over if warranted. Common control may be sary, applicant requests it be held at Min­ irregular routes, transporting: Chemicals involved. If a hearing is deemed neces­ neapolis or St. Paul, Minn., Milwaukee (except in bulk), from points in the New sary, applicant requests it be held at or Madison, Wis., or Rockford, 111. York, N.Y., commercial zone, as defined Miami or Tampa, Fla. No. MC 113678 (Sub-No. 358), filed by the Commission; Sewaren, N.J., to No. MC 117686 (Sub-No. 101) (Cor­ July 7, 1969. Applicant: CURTIS, INC., Chicago, North Chicago, Elgin, Wauke­ rection), filed June 18, 1969, published Post Office Box 16004, Stockyards Sta­ gan, and Rockford, 111., and St. Louis, Mo. in the F ederal R egister, issue of July 17, tion, Denver, Colo. 80216. Applicant’s N o te: Applicant states it does not intend 1969, and republished in part, as cor­ representative: Duane W. Acklie and to tack, and is apparently willing to ac­ rected, this issue. Applicant: HIRSCH- Richard Peterson, Post Office Box 806, cept a restriction against tacking, if war­ BACH MOTOR LINES, INC., 3324 U.S. Lincoln, Nebr. 68501. Authority sought to ranted. If a hearing is deemed necessary, Highway 75 North, Post Office Box 417, operate as a common carrier, by motor applicant requests it be held at Wash­ Sioux City, Iowa 51102. N ote: The pur­ vehicle, over irregular routes, transport­ ington, D.C., or New York, N.Y. pose of this partial republication is to ing : Blood plasma, from Denver, Colo., to No. MC 115491 (Sub-No. 117), filed include the State of Nebraska in the Berkeley, Calif. N ote: Applicant states June 16,1969. Applicant: COMMERCIAL destination ^territory which was inad­ it does not intend to tack, and is ap­ CARRIER CORPORATION, 502 East vertently omitted from the previous pub­ parently willing to accept a restriction Bridgers Avenue, Post Office Box 67, lication. The rest of the application re­ against tacking, if warranted. If a hear­ Auburndale, Fla. 33823. Applicant’s mains the same. ing is deemed necessary, applicant re­ representative: Tony G. Russell (same No. MC 117686 (Sub-No. 102), filed quests it be held at San Francisco, Calif. address as applicant). Authority June 30,1969. Applicant: HIRSCHBACH No. MC 114273 (Sub-No. 44), filed sought to operate as a common carrier, MOTOR LINES, INC., 3324 U.S. High­ June 25, 1969. Applicant: CEDAR by motor vehicle, over irregular routes, way 75 North, Post Office Box 417, Sioux RAPIDS STEEL TRANSPORTATION, transporting: Salt, between points in City, Iowa 51102. Applicant’s representa­ INC., Post Office Box 68, Cedar Rapids, Hillsborough County, Fla., on the one tive: George L. Hirschbach (same ad­ Iowa 52406. Applicant’s representative: hand, and, on the other, points in Ala­ dress as applicant). Authority sought

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12313 to operate as a common carrier, by mo­ irregular routes, transporting: General by meat packinghouses, as described in tor vehicle, over irregular routes, trans­ commodities (except those of unusual sections A and C of appendix I to the porting: Meats fresh and meats frozen, value, classes A and B explosives, house­ report in Descriptions in Motor Carrier from the plantsite and/or cold storage hold goods as defined by the Commission, Certificates, 61 M.C.C. 209 and 766, ex­ facilities utilized by Wilson and Co., commodities in bulk, and those requiring cept hides and commodities in bulk, in Inc., at or near Hereford, Tex., to points special equipment, frozen foods, meats, tank vehicles, from the plantsite and/or in Alabama, Arkansas, Georgia, and meat products and meat byproducts, as storage facilities of Swift & Co., at or Tennessee (except Memphis), restricted defined by the Commission), between near Glenwood, Iowa, to points in Con­ to the transportation of traffic originat­ points in Florida, on the one hand, and, necticut, Delaware, Illinois, Indiana, ing at the above specified plantsite and/ on the other, points in Dallas and Tar­ Iowa, Kansas, Kentucky, Maine,' Mary­ or cold storage facilities and destined rant Counties, Tex. N ote: Applicant land, Massachusetts, Michigan, Minne­ to the above destination points. N ote: holds contract carrier authority under sota, Missouri, Nebraska, New Hamp­ If a hearing is deemed necessary, appli­ Docket No. MC 125811 and Sub 5, there­ shire, New Jersey, New York, North cant requests it be held at Chicago, 111. fore, dual operations may be involved. Dakota, Ohio, Pennsylvania, Rhode Is­ No. MC 117686 (Sub-No. 103), filed Applicant states it does not intend to land, South Dakota, Tennessee, Vermont, June 30,1969. Applicant: HIRSCHBACH tack, and is apparently willing to accept Wisconsin, and Wyoming. Restrictions: MOTOR LINES, INC., 3324 U.S. High­ a restriction against tacking, if war­ The authority sought herein is restricted way 75 North, Post Office Box 417, Sioux ranted. If a hearing is deemed necessary, (1) to the transportation of traffic origi­ City, Iowa 51102. Applicant’s representa­ applicant requests it be held at Dallas, nating at the above-named origins and tive: George L. Hirschbach (same ad­ Tex., with additional hearing in Miami destined to the above-named destination dress as applicant). Authority sought to and Orlando, Fla. States; and (2) to the extent the au­ operate as a common carrier, by motor No. MC 119623 (Sub-No. 4), filed June thority sought herein duplicates any vehicle, over irregular routes, transport­ 5, 1969. Applicant: LAWRENCE SUN- authority held by carrier shall not be ing: Meats, meat products, meat byprod­ DERMYER, Box 352, Pipestone, Minn. construed as conferring more than a ucts, and articles distributed by meat 56164. Applicant’s representative: single operating right. N ote: If a hear­ packinghouses, as described in sections Thomas Harper, Kelley Building, Post ing is deemed necessary, applicant re­ A and C of appendix I to the report in Office Box 43, Fort Smith, Ark. 72901. quests it be held at Chicago, HI., or Descriptions in Motor Carrier Certifi­ Authority sought to operate as a common Washington, D.C. cates, 61 M.C.C. 209^ and 766 (except carrier, by motor vehicle, over irregular No. MC 124692 (Sub-No. 61), filed hides, and commodities in bulk, in tank routes, transporting: Lumber, and June 24, 1969. Applicant: SAMMONS vehicles), from Glenwood, Iowa, to points cresote and penta treated posts and TRUCKING, a corporation, Post Office in Alabama, Arkansas, Louisiana, Mis­ poles, from points in Yell County, Ark., Box 933, Missoula, Mont. 59801. Appli­ sissippi, Oklahoma, Tennessee, Georgia, on and east of Arkansas Highway 27 to cant’s representative: Richard Bebel, and Texas, restricted to the transporta­ points in Kansas, Nebraska, and South 2814 North Cleveland Avenue, St. Paul, tion of traffic originating at the plantsite Dakota; and points in Iowa, on and west Minn. 55113. Authority sought to operate and storage facilities of Swift & Co. at of U.S. Highway 69; points in Minnesota, as a common carrier, by motor vehicle, or near Glenwood, Iowa, and destined on and west of Minnesota Highway 15; over irregular routes, transporting: Iron to points in the named destination and on and south of U.S. Highway 12, and steel and iron and steel articles, from States. N ote: If a hearing is deemed with no transportation for compensation the plantsite of Jones & Laughlin Steel necessary, applicant requests it be held on return except as otherwise authorized. Corp. at Hennepin, HI., to points in at Chicago, 111., or Omaha, Nebr. Note: Applicant states it intends to tack Colorado, Wyoming, Montana, Idaho, No. MC 117788 (Sub-No. 7), filed with its presently held authority at Washington, Utah, and Oregon. N ote: June 27, 1969. Applicant: DETROIT Panama, Okla. If a hearing is deemed Applicant states it does not intend to REFRIGERATED TRUCKING, INC., necessary, applicant requests it be held tack, and is apparently willing to accept 249 Schweizer, Detroit, Mich. 48226. Ap­ at Little Rock, Ark. a restriction against tacking, if war­ plicant’s representative: William J.Boyd, No. MC 123048 (Sub-No. 156), filed ranted. If a hearing is deemed necessary, 29 South La Salle Street, Chicago, July 3, 1969. Applicant: DIAMOND applicant requests it be held at Chicago, HI. 60603. Authority sought to operate as TRANSPORTATION SYSTEM, INC., 111., or Pittsburgh, Pa. a common carrier, by motor vehicle, 1919 Hamilton Avenue, Racine, Wis. No. MC 124952 (Sub-No. 5), filed over irregular routes, transporting: 53401. Applicant’s representatives: Paul June 30, 1969. Applicant: RUSSELL Meat, meat products, meat byproducts, C. Gartzke, 121 West Doty Street, Madi-r HASINBILLER, doing business as R & H and articles distributed by meat pack­ son, Wis. 53703, and Paul L. Martinson TRANSPORT, Box 28, Craigville, Ind. inghouses, as described in appendix I to (same address as applicant). Authority 46731. Applicant’s representative: Don­ the report in Descriptions in Motor Car­ sought to operate as a common carrier, ald W. Smith, 900 Circle Tower, Indian­ rier Certificates, 61 M.C.C. 209 and 766, by motor vehicle, over irregular routes, apolis, Ind. 46204. Authority sought to from Hillsdale, Mich., to points in Maine, transporting: (1) Tractors> lawn and operate as a contract carrier, by motor Vermont, New Hampshire, New York, garden equipment, and turf maintenance vehicle, over irregular routes, transport­ Massachusetts, Rhode Island, Connecti­ equipment; (2) parts of the commodities ing: Syrups, preserves, jellies, baking cut, Pennsylvania, Ohio, Delaware, Mary­ in (1) above and (3) attachments for dairy, ice cream, and soda fountain sup ■ land, Virginia, West Virginia, New commodities in (1) above, from Racine, plies and ingredients, between the plant- Jersey, and the District of Columbia, re­ Wis., to points in the United States (ex­ sites and warehouses of Bessire & Co.. stricted to traffic originating at the cept Hawaii). N ote: Applicant states it lnc. , located at Richmond, Va., Char­ plantsite and/or warehouses utilized by does not intend to tack, and is ap­ lotte, N.C., Pittsburgh, Pa., Columbus, Great Markwestern Packing Co., at Hills­ parently willing to accept a restriction Ohio, Grand Rapids, Mich., Indianapolis, dale, Mich. N ote : Applicant states it does against tacking, if warranted. If a hear­ lnd. , Cincinnati, Ohio, Louisville, Ky., not intend to tack, and is apparently ing is deemed necessary, applicant re­ Memphis, Tenn., and Birmingham, Ala., willing to accept a restriction against quests it be held at Chicago, 111., or under a continuing contract with Bessire tacking, if warranted. If a hearing is Milwaukee, Wis. & Co., Inc. N ote: If a hearing is deemed deemed necessary, applicant requests it No. MC 12421 (Sub-No. 130), filed June necessary, applicant requests it be held be held at Detroit, Mich. 20, 1969. Applicant: HILT TRUCK LINE, at Indianapolis, Ind. No. MC 118282 (Sub-No. 25), filed INC., 1415 South 35th Street, Post Office No. MC 125628 (Sub-No. 1) (Amend­ June 23, 1969. Applicant: JOHNNY Box “H”, Council Bluffs, Iowa 51501. ment), filed June 4, 1969, published BROWN’S INC., 6801 Northwest 74th Applicant’s representative: Thomas L. F ederal R egister, issue of June 26, 1969, Avenue, Miami, Fla. Applicant’s repre­ Hilt (same address as above). Authority amended June 27, 1969, and republished sentative: Guy H. Postell, 1273 West sought to operate as a common carrier, as amended this issue. Applicant: S. S. Peachtree Street NE., Atlanta, Ga. by motor vehicle, over irregular routes, BAIRD & SONS, LIMITED, 437 Aber­ 30309. Authority sought to operate as transporting: Meats, meat products, and deen Street, Fredericton, New Brunswick, common carrier, by motor vehicle, over meat byproducts, and articles distributed Canada. Applicant’s representative:

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 No. 141---- 9 12314 NOTICES Francis E. Barrett, Jr., Investors Build­ it be held at Baltimore, Md., or Wash­ Lyons and Hutchinson, Kans., to Fort ing, 536 Granite Street, Braintree, Mass. ington, D.C. Collins and Denver, Colo.; (3) sugar, 02184. Authority sought to operate as a No. MC 128692 (Sub-No. 2), filed from Hereford and Amarillo, Tex., to common carrier, by motor vehicle, over June 25, 1969. Applicant: HOWARD L. Denver and Fort Collins, Colo.; and (4) irregular routes, transporting: Precast FRY, 2823 C Street, McKeesport, Pa. glass jars, from Ada, Muskogee, Sand concrete "beams, joints and tees, lumber, 15130. Applicant’s representative: John Springs, Okmulgee, Okla., and Waco, flooring and fuel blocks, steel, structural A. Vuono, 2310 Grant Building, Pitts­ Tex., to Denver and Fort Collins, Colo.; steel and steel articles and materials and burgh, Pa. 15219. Authority sought to op­ all under contract with Dreher Pickle supplies used in the installation of the erate as a contract carrier, by motor ve­ Co., Denver, Colo. N ote: The purpose of described commodities, from the ports of hicle, over irregular routes, transporting: this republication is to reflect the correct entry on the international boundary line Pipe and tubing, between Butler and the docket number as MC 133199 (Sub-No. 1) between the United States and Canada, Borough of Springdale, Pa., on the one in lieu of MC 133179 (Sub-No. 1) which located at or near Calias, Houlton, and hand, and, on the other, points in Illi­ was erroneously shown in previous publi­ Vanceboro, Maine, to points in Maine, nois, Indiana, Iowa, Michigan, Ohio, and cation. If a hearing is deemed necessary, ¡New Hampshire, Vermont, Massachu­ Wisconsin. Restriction: The operations applicant requests it be held at Denver, setts, Rhode Island, Connecticut, New authorized herein are limited to a trans­ Colo. York, and New Jersey. N ote: The purpose portation service to be performed under No. MC 133382 (Sub-No. 2), filed of this republication is to add flooring, a continuing contract, or contracts, with June 23, 1969. Applicant: JACQUES and fuel blocks, to the commodity de­ Keystone Pipe & Supply Co., of Butler, POULIOT, doing business as POULIOT scription. If a hearing is deemed neces­ Pa.; Tubular Service Division and Key­ TRANSPORT, St. Camille, Bellechasse sary, applicant requests it be held at stone Pipe & Supply Co., of Springdale, County, Quebec, Canada. Applicant’s Portland, Maine, or Boston, Mass. Pa. N ote: If a hearing is deemed neces­ representatives: Frank H. Weiner, In­ No. MC 127304 (Sub-No. 4) (Amend­ sary, applicant requests it be held at vestors Building, 536 Granite Street, ment) , filed , 1969, published Pittsburgh, Pa., or Washington, D.C. Braintree, Mass. 02184, and Donald J. F ederal R egister, issue of June 19, No. MC 129657 (Sub-No. 2), filed Bourassa, 116 State Street, Augusta, 1969, amended July 1, 1969, and re-' June 25, 1969. Applicant: KEN McCAR- Maine. Authority sought to operate as a published as amended this- issue. VILLE DISTRIBUTING COMPANY, contract carrier, by motor vehicle, over Applicant: CLEAR WATER TRUCK INC., 436 Rainbow Road, Spring Green, irregular routes, transporting: Lumber, COMPANY, INC., 9101 North West Wis. 53588. Applicant’s representative: wood shingles, and wood laths, from Street, Valley Center, Kans. 67147. Michael J. Wyngaard, 125 West Doty ports of entry on the international Applicant’s representative: Richard A. Street, Madison, Wis. 53703. Authority boundary line between the United States Peterson, 521 South 14th Street, Post sought to operate as a common carrier, and Canada, located at or near Jackman, Office Box 806, Lincoln, Nebr. 68501. by motor vehicle, over irregular routes, Maine; Derby Line, Beecher Falls, High- Authority sought to operate as a com­ transporting: Malt beverages and car­ gate Springs, and Norton Mills, Vt.; and mon carrier, by motor vehicle, over ir­ bonated beverages, from St. Louis, Mo., Rouses Point, N.Y., to points in Con­ regular routes, transporting: (1) Di- to Sturgeon Bay, Wis. N ote : Applicant necticut, Maine, Massachusetts, New chlorodiftuoromethane and monochloro- states it does not intend to tack, and is Hampshire, New Jersey, New. York, Penn­ difluoromethane, in containers and apparently willing to accept a restriction sylvania, Rhode Island, Vermont, and cylinders, and plastic and plastic articles, against tacking, if warranted. Applicant Delaware, under a contract or continuing from Colwich, Kans., to points in the further states that no duplicating au­ contracts with Clermont Pelletier, Lon- United States (except Alaska and Ha­ thority is sought. If a hearing is deemed gueuil, Chambly County, Quebec, Can­ waii), and (2) empty containers and necessary, applicant requests it be held ada, restricted to traffic originating at cylinders, from Philadelphia, Pa., and at Madison or Milwaukee, Wis. points in Montmagny and L’Islet Coun­ Columbus, Ohio, to Colwich, Kans., un­ No. MC 129913 (Sub-No. 2), filed June ties, Quebec, Canada. N ote: If a hearing der contract with International Plastics, 20, 1969. Applicant: W. C. DEAN, SR. is deemed necessary, applicant requests Inc. N ote: The purpose of this republi­ TRUCKING, INC., 495 South Road, it be held at Augusta, Maine, or Boston, cation is to add (2) above. If a hearing Poughkeepsie, N.Y. 12601. Applicant’s Mass. is deemed necessary, applicant requests representative: Albert Frederick, 62 No. MC 133579 (Sub-No. 1), filed it be held at Wichita, Kans. Market Street, Poughkeepsie, N.Y. 12601. July 7, 1969. Applicant: BENNETT No. MC 128495 (Sub-No. 2), filed June Authority sought to operate as a contract FORD, a corporation, 47 West Sixth 18, 1969. Applicant: AARID VAN LINES, carrier, by motor vehicle, over irregular South, Salt Lake City, Utah 84101. Ap­ INC., 1329-1337 South Hanover Street, routes, transporting: Telephone equip­ plicant’s representative: Lon Rodney Baltimore, Md. 21230. Applicant’s rep­ ment, materials, and supplies, between Kump, 720 Newhouse Building, Salt Lake resentative: Anthony C. Vance, Suite Wappingers Falls, N.Y., on the one hand, City, Utah 84111. Authority sought to 301, Tavern Square, 421 King Street, and, on the other, points in Dutchess, operate as a common carrier, by motor Alexandria, Va. 22314. Authority sought Orange, and Ulster Counties, N.Y., un­ vehicle, over irregular routes, transport­ to operate as a common carrier, by motor der contract with Western Electric Co., ing: Wrecked, disabled, damaged, stolen, vehicle, over irregular routes, transport­ Inc., restricted to traffic having a prior repossessed, and abandoned vehicles, ing: Used household goods, between or subsequent out-of-State movement. and replacements thereof, together with Baltimore City, Md.; U.S. Naval training N ote : If a hearing is deemed necessary, parts and cargo related to such vehicles Center, Bainbridge, Md.; Army Chemical applicant requests it be held at Albany by use of wrecker equipment, between Center, Edgewood, Md., Aberdeen Prov­ or New York, N.Y. points in Utah, on the one hand, and on ing Ground, Aberdeen, Md., and points No. MC 133199 (Sub:No. 1) (Correc­ the other, points in Wyoming, Nevada, in Lancaster and Chester Counties, Pa., tion), filed June 16, 1969, published Utah, Idaho, California, and Colorado. and New Castle County, Del., and Kent F ederal R egister issue of July 10, 1969, Note : Applicant states it does not intend County, Md., restricted to the transpor­ corrected and republished as corrected, to tack, and is apparently willing to ac­ tation of traffic having a prior or subse­ this issue. Applicant; RAYMOND BAR- cept a restriction against tacking, if quent movement, in containers, beyond TLESON, doing business as COLORADO warranted. If a hearing is deemed nec­ the points authorized and further re­ CONTRACT CARRIER, 1230 Seventh essary, applicant requests it be held at stricted to the performance of pickup Street, Post Office Box 5703, Denver, Salt Lake City, Utah. and delivery service in connection with Colo. 80217. Authority sought to operate No. MC 133706 (Sub-No. 1), filed packing, crating, and containerization as a contract carrier, by motor vehicle, June 30, 1969. Applicant: ROBERT L. or unpacking, uncrating, and decontain­ over irregular routes, transporting: (1) HARROLD, 420 East Park Street, Tay- erization of such traffic. N ote : Applicant Pickles and peppers, in containers; (a) lorville, HI. 62568. Applicant’s representa­ states it intends to tack with its present from Denver and Fort Collins, Colo., to tive: Melvin N. Routman, 308 Reisch authority at Baltimore, Md., and the points in Oklahoma, Kansas, Texas, and Building, Springfield, HI. 62701. Author­ military installations cited. If a hearing New Mexico; and (b) from Albuquerque, ity sought to operate as a contract car­ is deemed necessary, applicant requests N. Mex., to Denver, Colo.; (2) salt, from rier, by motor vehicle, over irregular

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12315 routes, transporting: Farm implements, greens, and all products, natural or arti­ thorizing applicant to institute operation grain drying and storage equipment, and ficial usually grown, manufactured, or as a freight forwarder, in interstate or component parts thereof, from Taylor- sold by wholesale or retail nurserymen foreign commerce, through use of the vUle, HI., to points in Georgia, Iowa, Mis­ and florists; and materials, supplies, or facilities of common carrier by railroad souri, Minnesota, North Dakota, South equipment used in connection with or in­ and/or motor vehicle in the transporta­ Carolina, and Tennessee, for the ac­ cidental to the growing, manufacturing, tion of motor vehicles (automobiles), be­ count of Baughman-Oster, Inc., of or selling of said products, when orig­ tween points in Florida and Illinois. Taylorville, HI. N ote: If a hearing is inating at or destined to such nursery­ N o te: The purpose of this republication deemed necessary, applicant requests it men, florists, or their dealers, manufac­ is to show applicant’s correct name, be held at Springfield, HI. turers, or distributors, between points in Automobile Rail Forwarding Co., in lieu No. MC 133843 (Sub-No. 1), filed Pennsylvania, on the one hand, and, on of Auto Rail Forwarding Co. June 26, 1969. Applicant: ZENITH the other, points in the United States M otor Carriers of P assengers TRANSPORTATION CORPORATION, (including Alaska). N ote: Applicant 5321 West State Street, Milwaukee, Wis. states it does not intend to tack, and is No. MC 3647 (Sub-No. 415), filed June 53208. Applicant’s representative: Wil­ apparently willing to accept a restriction 20, 1969. Applicant: PUBLIC SERVICE liam C. Dineen, 710 North Plankinton against tacking, if warranted. If a hear­ COORDINATED TRANSPORT, a cor­ Avenue, Milwaukee, Wis. 53203. Author­ ing is deemed necessary, applicant re­ poration, 180 Boyden Avenue, Maple­ ity sought to operate as a contract car­ quests it be held at Harrisburg, Pa., or wood, N.J. 07040. Applicant’s representa­ rier, by motor vehicle, over irregular Washington, D.C. tive: Richard Fry ling (Same address as applicant). Authority sought to operate routes, transporting: Gasoline, in bulk, Application of W ater Carrier in tank vehicles, from Des Plaines and as a common carrier, by motor vehicle, Rockford, HI., to points in Rock, Green, No. W-104 (Sub-No. 23) UNION over irregular routes, transporting: Pas­ Jefferson, Dane, Walworth, Racine, and BARGE LINE CORP., Extension—Upper sengers and their baggage, in the same Kenosha Counties, Wis., under contract Mississippi River Application, filed vehicle with passengers, in round trip with Consolidated Petroleum Corp. of July 7, 1969. Applicant: UNION BARGE special operations, during the authorized Oshkosh, Wis. N ote: If a hearing is LINE CORPORATION, 1 Oliver Plaza, racing season at the specified race tracks, deemed necessary, applicant requests it Pittsburgh, Pa. 15222. Applicant’s repre­ beginning and ending at Irvington, N.J., be held at Milwaukee, Wis. sentative: Peter A. Greene, Common­ and extending to Roosevelt Raceway, No. MC 133845, filed June 23, 1969, Ap­ wealth Building, 1625 K Street NW., Westbury, N.Y., and Yonkers Raceway, plicant: ANTHONY COLANGELO, doing Washington, D.C. 20006. Application of Yonkers, N.Y. N ote: Applicant states it business as COLE TRUCKING COM­ Union Barge Line Corp., filed July 10, does not intend to tack, and is appar­ 1969, subject to Part III of the Interstate ently willing to accept a restriction PANY, 200 West 16th Street, *New York Commerce Act, for a revised certificate again tacking, if warranted. If a hearing N.Y. 10015. Applicant’s representative: authorizing extension of its operations to is deemed necessary, applicant requests it Morris Honig, 150 Broadway, New York, include operations as a common carrier be held at Newark, N.J. N.Y. 10038. Authority sought to operate by water in interstate or foreign com­ No. MC 108204 (Sub-No. 3), filed June as a contract carrier, by motor vehicle, merce, by non-self-propelled vessels with 26, 1969. Applicant: VANCOUVER over irregular routes, transporting: Piece the use of separate towing vessels in the TOURS AND TRANSIT LIMITED, do­ goods; (1) from piers located in the New transportation of general commodities, ing business as VANCOUVER TOURS & York, N.Y., commercial zone as defined and by towing vessels in the performance TRANSIT LTD., 629 Derman Street, by the Commission and piers located in of general towage between ports and Vancouver 5, British Columbia, Canada. Port Newark and Port Elizabeth, N.J., to points along the Arkansas River and its Applicant’s representative: J. Stewart Paterson and Carstadt, N.J., restricted to tributaries, the Arkansas Post Canal, and Black, 1322 Laburnum Street, Vancouver ¡Shipments having a prior movement by the White River from the Arkansas Post 9, British Columbia, Canada. Authority water; and (2) from New York, N.Y., to Canal to its confluence with the Missis­ sought to operate as a common carrier, Paterson and Carstadt, N.J., under con­ sippi River, on the one hand, and, on the by motor vehicle, over irregular routes, tract With P. Kaufmann, Inc. N ote: If a other, (1) Tampa, Fla., and (2) ports transporting: Passengers and their bag­ hearing is deemed necessary, applicant and points along (a) the Mississippi gage, in charter operations, between the requests it held at New York, N.Y. River, from its confluence with the Mis­ ports of entry on the international No. MC 133853 (Sub-No. 1), filed souri River to and including Minneapolis, boundary line between the United States June 30, 1969. Applicant:. COLUMBIA Minn., (b) the Minnesota River below and Canada located at Blaine, Lynden, LEASE & RENTAL, INC., West 1527 and including Shakopee, Minn., (c) the Customs, and Oroville, Wash., on the one Second Avenue, Spokane, Wash. 99204. St. Croix River below and including hand, and, on the other, points in Ore­ Applicant’s representative: Donald A. Stillwater, Minn., (d) the Illinois Water­ gon, California, Nevada, Arizona, and Ericson, 708 Old National Bank Building, way and connecting canals and water­ Idaho. N ote: If a hearing is deemed Spokane, Wash. 99201. Authority sought ways including points along Lake Michi­ necessary, applicant requests it be held to operate as a contract carrier, by motor gan between Waukegan, 111., and Michi­ at Seattle, Wash. vehicle, over irregular routes, transport­ gan City, Ind., (e) the Cumberland No. MC 133858 (Sub-No. 1), filed ing: Such commodities as are dealt in River and its tributaries below and in­ July 1, 1969. Applicant: THE COTTER by retail department stores, from points cluding Old Hickory, Tenn., and (f) the GARAGE CORPORATION, 8 Jewell in Spokane County, Wash., to points in Tennessee River and its tributaries below Court, Hartford, Conn. 06105. Applicant’s Kootenai and Shoshone Counties, Idaho and including Knoxville, Tenn. representative: Richard Goodman, (with no transportation on return except Bailey and Wechsler, 266 Pearl Street, for returned or rejected items) under Application of F reight F orwarder Hartford, Conn. 06103. Authority sought contract with Spokane Dry Goods Co., No. FF-374 (Correction), AUTO­ to operate as a common carrier, by motor doing business as “The Crescent”, a MOBILE RAIL FORWARDING CO., vehicle, over irregular routes, trans­ department store. N ote: If a hearing is Freight Forwarder Application, filed porting: Passengers and their baggage, deemed necessary, applicant requests it , 1969, published F ederal R eg­ in charter service in nonscheduled door- be held at Spokane, Wash. ister, issue of June 12, 1969, and repub­ to-door service limited to the transporta­ No. MC 133874, filed July 1, 1969. Ap­ lished as corrected this issue. Applicant: tion of not more than six passengers in plicant: C. H. DAVENPORT, Rural De­ AUTOMOBILE RAIL FORWARDING any one vehicle (not including driver), livery No. 2, Catawissa, Pa. 17820. Ap­ CO., a division of NORTHSHORE & between points in Litchfield, Hartford, plicant’s representative: John W. Frame, CENTRAL ILLINOIS FREIGHT CO., a and Tolland Counties, Conn., on the one Box 626, 2207 Old Gettysburg Road, corporation, 6150 South East Avenue, hand, and, on the other, points in Maine, Camp Hill, Pa. Authority sought to Hodgkins, HI. 60527. Applicant’s repre­ New Hampshire, Vermont, Massachu­ operate as a common carrier, by motor sentative: Edward P. Byrnes, Jr. (same setts, Rhode Island, Connecticut, New vehicle, over irregular routes, transport­ address as applicant). Authority sought York, and New Jersey. N ote: If a hearing ing: Christmas trees, balled and bur- under section 410, Part IV of the Inter­ is deemed necessary, applicant requests lapped, or cut; houghs, laurel roping, state Commerce Act for a permit, au­ it be held at Hartford, Conn.

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12316 NOTICES

Applications in Which H andling With­ to Leon, Iowa, and return over the same poration, Nos. 7-9 Main Street, Ana­ out Oral H earing Has B een R equested route; (D) between the junction of U.S. conda, Mont. 59711. Applicant’s repre­ Highway 136 and U.S. Highway 169 and sentative: John L. McKeon, 124 Oak No. MC 42487 (Sub-No. 725), filed Mount Ayr, Iowa, serving all intermedi­ Street, Anaconda, Mont. 59711. Author­ July 2, 1969. Applicant: CONSOLI­ ate points and the off-route points of ity sought to operate as a common car­ DATED FREIGHTWAYS CORPORA­ Worth and Denver, Mo., and serving the rier, by motor vehicle, over regular TION OP DELAWARE, 175 Linfield junction of U.S. Highway 136 and U.S. routes, transporting: Passengers and Drive, Menlo Park, Calif. 94025. Appli­ Highway 169 and Mount Ayr, Iowa, as their baggage, express and newspapers, cant’s representative: R. C. Stetson points of joinder with carrier’s otherwise in the same vehicle with passengers, be­ (same address as applicant). Authority authorized routes without restriction, tween Great Falls and Billings, Mont.: sought to operate as a common carrier, from the junction of U.S. Highway 136 From Great Falls over U.S. Highway 87 by motor vehicle, over regular routes, and U.S. Highway 169, over U.S. High­ to Billings and return over the same transporting: General commodities (ex­ route, serving all intermediate points. cept those of unusal value, classes A way 169, to Mount Ayr, Iowa, and re­ turn over the same route; (E) between N ote: Applicant states it intends to tack and B explosives, commodities in bulk, Stanberry, Mo., and the junction of the sought authority with its presently commodities requiring special equipment, Missouri Highway 246 and Missouri held authority at Great Falls, Mont., to livestock, commodities injurious or con­ serve points in Montana and Idaho. taminating to other lading, and house­ Highway 46 serving all intermediate points and the off-route points of Con­ By the Commission. hold goods as defined by the Commis­ ception and Conception Junction, Mo., sion) , between Liberal, Kans., and and the junction of Missouri Highway [seal] Andrew Anthony, Jr. Flagstaff, Ariz., from Liberal over U.S. Acting Secretary. Highway 54 to Santa Rose, N. Mex., 246 and Missouri Highway 46 as a point thence over U.S. Highway 66 to Flagstaff, to joinder with carrier’s otherwise au­ [F.R. Doc. 69-8662; Filed, July 24, 1969; and return over the same route, as an thorized routes, without restriction, from 8:45 a.m.] alternate route in connection with appli­ Stanberry, Mo., over U.S. Highway 136 to cant’s presently authorized regular route its junction with Missouri Highway 46, [Notice 382] operations between Bucklin, Kans., and thence over Missouri Highway 46 to its Phoenix, Tucson, and Douglas, Ariz., junction with Missouri Highway 246 and MOTOR CARRIER TRANSFER return over the same route; (F) between PROCEEDINGS serving no intermediate points. the junction of U.S. Highway 71 and No. MC 129384 (Clarification), filed Missouri Highway 27, and Bedford, J uly 22, 1969. June 2, 1969, published in the F ederal Iowa, serving all intermediate points, and Synopses of orders entered pursuant R egister issue of June 26, 1969, and re­ the junction of U.S. Highway 71 and Mis­ to section 212(b) of the Interstate Com­ published as clarified this issue. Appli­ souri Highway 27, and Bedford, Iowa, as merce Act, and rules and regulations cant: BETHANY EXPRESS, INC., 616 points of joinder with carrier’s otherwise prescribed thereunder (49 C.F.R. Part South 22d Street, Bethany, Mo. 64424. authorized routes, without restriction, 1132), appear below: Applicant’s representative: Tom B. from the junction of U.S. Highway 71 As provided in the Commission’s Kretsinger, 450 Professional Building, and Missouri Highway 27 over Missouri special rules of practice any interested 1103 Grand Avenue, Kansas City, Mo. Highway 27 to Iowa State line, thence person may file a petition seeking re­ 64106. Authority sought to operate as a over Iowa Highway 148 to Bedford, Iowa, consideration of the following numbered common carrier, by motor vehicle, over and return over the same route; proceedings within 20 days from the regular routes, transporting: General (G) Between Hopkins, Mo., and the date of publication of this notice. Pur­ commodities (except those of unusual junction of Missouri Highway 46 and suant to section 17(8) of the Interstate value, classes A and B explosives, house­ U.S. Highway 69 serving all intermedi­ Commerce Act, the filing of such a peti­ hold goods as defined by the Commis­ ate points and the off-route points of tion will postpone the effective date of sion, commodities in bulk, and those re­ Worth and Denver, Mo., and Athelston the order in that proceeding pending its quiring special equipment); (A) between and Blockton, Iowa, and serving (a) disposition. The matters relied upon by the junction of U.S. Highway 69 and Hopkins, Mo., (b) the junction of Mis­ petitioners must be specified in their Missouri Highway 6 and Bethany, Mo., souri Highways 46 and 246; (c) Grant petitions with particularity. serving all intermediate points and the City, Mo.; and (d) the junction of Mis­ No. MC-PC-71412. By order of July 14, junction of U.S. Highway 69 and Mis­ souri Highway 46 and U.S. Highway 69 1969, the Motor Carrier Board approved souri Highway 6 as a point of joinder as points of joinder with carrier’s other­ the transfer to Robert Lukenbill, doing with carrier’s otherwise authorized wise authorized routes, without restric­ business as J & L Co., Spokane, Wash., routes, without restriction, from the tion, from Hopkins, Mo., over Missouri of the operating rights in permit No. junction of U.S. Highway 69 and Mis­ Highway 27 to its junction with Missouri MC-124315 issued July 23, 1964, to souri Highway 6, thence over Missouri Highway 246, thence easterly over Mis­ Robert Lukenbill and Dwight Johnson, Highway 6 to its junction with Missouri souri Highway 246 to Grant City, Mo., a partnership, doing business as J & L Highway 13, thence over Missouri High­ thence over Missouri Highway 46 to its Co., Spokane, Wash., authorizing the way 13 to its junction with U.S. High­ junction with U.S. Highway 69 and re­ transportation of bakery products, from way 136, thence over U.S. Highway 136 to turn over the same route; and (H) be­ Spokane, Wash., to Newport, Pullman, Bethany, Mo., and return over the same tween points and places in the Kansas and Colville, Wash., and Wallace, Lewis­ route; (B) between Bethany, Mo., and City, Mo.-Kans., commercial zone and ton, Moscow, Plummer, Coeur d’Alene, Yorktown, Iowa, serving all intermediate Clarinda, Iowa, serving the intermediate Sandpoint, and Kellogg, Idaho; and re­ points and the off-route points of Cory- point of St. Joseph, Mo. (restricted turned and stale bakery products, from don, Iowa; and Cainsville and Saline, against service between the Kansas City, the specified destination points in Wash­ Mo., from Bethany, Mo., over U.S. High­ Mo.-Kans., commercial zone and St. ington and Idaho to Spokane, Wash., way 136 to Princeton, Mo., thence over Joseph, Mo.) and also serving Clarinda, Hugh A. Dressel, 702 Old National Bank U.S. Highway 65 to its junction with Iowa, as a point of joinder with carrier’s Building, Spokane, Wash. 99201, attorney Iowa Highway 2, thence over Iowa High­ otherwise authorized routes, without re­ for applicants. way 2 to its junction with unnumbered striction, from points and places in Kan­ No. MC-FC-71465. By order of July 10, highway, thence over unnumbered high­ sas City, Mo., over Interstate Highway 1969, the Motor Carrier Board approved way to Yorktown, Iowa, and return over 29, to St. Joseph, Mo., thence over U.S. the transfer to Dover Moving & Storage, the same route; Highway 71 to Clarinda, Iowa, and re­ Inc., Dover, Del., of the certificate in No. (C) Between Eagleville, Mo., and Leon,turn over the same route. N ote : The pur­ MC-11168, issued November 30, 1961, to Iowa, serving all intermediate points and pose of this republication is to more C. F. Schwartz, Inc., authorizing the the off-route points of Saline and Cain- clearly set forth the territorial scope of transportation of general commodities ville, Mo., serving Leon, Iowa, as a point the application. of joinder with carrier’s otherwise au­ MC 26451 (Sub-No. 14), filed June and specified commodities from, to and thorized routes, without restriction, from 30, 1969. Applicant: INTERMOUNTAIN between named points and areas in Eagleville, Mo., over U.S. Highway 69 TRANSPORTATION COMPANY, a cor­ Maryland, Virginia, Pennsylvania, New

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 NOTICES 12317

Jersey, North Carolina,' Georgia, Dela­ States, except Alaska and Hawaii. Carl Robert S. Stauffer, 3539 Boston Road, ware, New York, and the District of L. Steiner, 39 South La Salle Street, Cheyenne, Wyo. 82001, attorney for Columbia. Wilmer A. Hill, 529 Trans­ Chicago, HL 60603, attorney for applicants. portation Building, Washington, D.C. applicants. No. MC-FC-71502. By order of July 10, 20006, attorney for applicants. No. MC-FC-71488. By order of July 10, 1969, the Motor Carrier Board approved No. MC-FC-71481. By order of July 14, 1969, the Motor Carrier Board approved the transfer to McConnell Van Lines, 1969, the Motor Carrier Board approved the transfer to Osborne Trucking Co., Inc., Hershey, Nebr., of a portion of cer­ the transfer to L. E. Boling, Inc., Inc., Riverton, Wyo., of the operating tificate No. MC-18352, issued June 13, Kewanee, 111., of certificates Nos. MC- rights in permit No. MC-127964 (Sub- 1941, to Howard McConnell, Hershey, 119583 and MC-119583 (Sub-No. 1) No. 1) issued May 26, 1967, to John H. Nebr., authorizing the transportation of: issued , 1960, and , 1962, Osborne, doing business as Osborne Household goods, over irregular routes, respectively, to L. E. Boling, Kewanee, Trucking Co., Riverton; Wyo., authoriz­ between Hershey, Nebr., and points in 111., authorizing the transportation of ing the transportation of cement, in Nebraska within 55 miles of Hershey, on cereal beverages, malt beverages, com­ bulk, from Montana City, Mont., and the one hand, and, on the other, points pressed gas, carbide, fresh and canned in Colorado and Wyoming. Robert E. vegetables, canning machinery and Devil’s Slide, Utah, to Riverton, Wyo.; Roeder, Post Office Box 908, North equipment, roofing and building mate­ concrete pipe and precast concrete Platte, Nebr. 69101, attorney for rials, and low-bed trailers, in initial products, from Riverton, Wyo., to points applicants. movements, in truckaway service, and in Colorado, Idaho, and Utah; and rein­ [seal] Andrew Anthony, Jr., axles and brakes used in the manufacture forcing steel mesh, reinforcing steel bars Acting Secretary. of low-bed trailers, between and from angle iron, steel bars, and steel channels, [F.R. Doc. 69-8766; Filed, July 24, 1969; and to, from various points in the United from Pueblo, Colo., to Riverton, Wyo. 8:51 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 141— FRIDAY, JULY 25, 1969 12318 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JULY

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 July

3 CFR Page 7 CFR— Continued Page 9 CFR Page P roclamations : Proposed R ules— Continued 72______12214 3918 __ 12013 1001. ______11814 78______11538 3919 __ 12079 1002. ______11816 97______11081,11539 1003. .11364,11816 112______11490 5 CFR 1004. .11364,11819 113______11490 213______11135, 1005. ______11822 114,______11491 11181, 11259, 11362, 11363, 11409, 1006. ______11824 307______12016 11537, 11965, 12015, 12127, 12213 1011. ______11826 310______11491 352 ______11537 1012. ______11828 317-______11262 353 ______11537 1013. . 11213,11830 318______11262, 12084 511______11537 1015. ______11832 340______12016 532______11537 1016. . 11364,11833 355______— — 12016 550______11083 1030. ______11836 P roposed R ules: 713______11537 1032. ______11839 71______11593 772______11537 1033. ______11841 112______12042 1034. ______11844 113,______12042 7 CFR 1035. — 11846 114______12042 17______12015 1036. . 11849, 12043 55 ______11297 1040. ______11851 10 CFR 56 ______11355 1041. ______11853 2______12254 1043. ______11856 61______12162 P roposed R ules: 1044. ___ 11858 68______12162 40— ______12107 81______12015 1046. ______11859 1049. ______11862 251______11181 12 CFR 354______11547, 11548 Ì.050. . 11099,11864 362______11297, 12081 1060. ______11867 207______12255 401______11259 1062. ______11869 220______12132 719______11410 1063. .11378,11872 226______11083, 12255 722______•______11082 1064. ______11874 250______11414 724______12127 1065. ______11876 545______11464, 11465, 12025 777______11412 1068. ______11878 P roposed R ules: 1069. ______11881 905__ 1______11082, 11297 204______11214,11384 908 ______11182, 11413, 12016, 12223, 122241070. ______11884 1071. ______11886 213______11214 909 _ 11135 217______11384 910 ____ 11259, 11548, 12128, 12164 1073. ______11888 911 ______11549, 12164 1075. ______11890 13 CFR 1076. ______11893 916 ______11413 P roposed R ules : 917 ______11259, 12165 1078. ______11896 919______11549 1079. ______1189T 121______12049 944 ______11135, 11965, 12165 1090. ______11899 945 ______11260 1094. ______11901 14 CFR 946 ______11550 1096. ______11903 39------11137, 947 ______11136 1097. ______11905 11415, 11465, 12025, 12026, 12085, 948 ______11261 1098...... 11907 12159, 12160, 12214, 12256, 12257 991______11414 1099. ______11909 47------12214 1032______11463 1101. ______11912 71______11085, 1050______12253 1102. ______11914 11182, 11355, 11415, 11465, 11589, 1063______;______12253 1103. ______11915 12026, 12027, 12085, 12086, 12133, 1421______11414, 11583, 12081, 12128 1104. ______11918 12160, 12161, 12215, 12257, 12258 1427______11584, 12224 1106. ______11920 73;------12258 1434______11589 1108. ______11922 75------12133, 12258 1464______12129, 12253 1120. ______11924 95------11137, 12258 1121. P roposed R ules: ______11927 97------11183, 11466, 12261 1125. 11930, 12284 121------11488, 11489 51______11306, 11311, 12181 1126. ______11933 225______11198 68______11147 1127. ____ 11936 288______‘______11085 101— ______11272 1128. ______11938 378— ______11263 102 ______11272 1129. ______11940 389______12266 103 ______11272 1130. ______11942 1204_,______11974 104 ______11272 1131. .11802,12102 1211______11975 105 ______11272 1132. .11099,11944 P roposed R ules : 106—______11272 1133. .11147,11947 107 ______11272 1134. ______11949 37______12287 108 ______11272 1136. ______11952 39______11424, 111______11272 1137. ______11954 12048,12102,12103,12225 301______11306 1138. ______11956 71______11100-11103, 908____ 12182 11379-11381, 11500, 12103-12106, 919______11316 12186, 12225, 12289-12291 922------11552 8 CFR 73______11103 967______11213 1...... 12213 75______12186 C h. X ______12102 292______12213 218______11424 FEDERAL REGISTER 12319

15 CFR Page 22 CFR—Continued Pa*e 33 CFR Page 30______11463 125 ______12037 92______11265 110______11582, 12255 373______12165 126 ______12039 127 ______117 12040______- ______11095,11582 386______12165 207______11544 1000______— ______12171 128 ______12040 P roposed R ules: 24 CFR 36 CFR 602__ 12043 15-______-______11543 7______— 11301,11545,11969 200______11091 P roposed R ules: 16 CFR 203______11092,11094,12092 7______11306, 12140 13______11087-11089, 207______11092,11094 11298, 11299, 11415-11417, 11579, 213______11092 38 CFR 11580, 12216-12218, 12267-12269 220 ______11093, 11094 3______- ______11970 15______— 11140, 11199, 11418, 11492 221 ______'______11093 21______11551, 12015 303______‘______11141,12133 232______11093 36______11095 500______11089 234______11093 503______— 11199 241 ______11093 39 CFR 242 ______11094 742______11582 17 CFR 231______11581 25 CFR 41 CFR 239 ______12176 151______— 11263, 11544 l_'l ______t ______11970 240 ______11539 221;____^______12041, 12280 1 - 8 ______11357 241 ______11581 P roposed R ules: 1-15— ______11493 249_i___ 11539, 12176 1-16______— ______11358 221______11424 5-3______1H42 18 CFR 28 CFR 5- 53______:______11142 2 ______11200, 11464, 12177, 12274 6 - 1______11143 4 _ 12274 0 ______11493, 11545 8-3______11095 16______12272 42______12280 14-8______11494 101-42______11494 P roposed R ules: 29 CFR 101-47______11209 2 11318 602______12281 1Ö1______11382 42 CFR 141______11106, 11382, 12109 603______12281 608 ______- ____ -11141 54______— 11419 609 ______12135 76______11419 19 CFR 687______12282 81— ______12135 4— 12028 1500___ 11263 P roposed R ules: 16— ___ 12028 1504______.______11182 19 ____ 12086 78______11273 31______12087 30 CFR 81______11317, 11552, 12185 20 CFR 201______11299 43 CFR 405______11201, 12275 31 CFR 2240...... 11420 316_- ______-— 11545 Public Land Orders: 21 CFR 500______12179 950 (see PLO 4673)______12135 Ch. I ______11090 4665 (amended by PLO 4672) _ 11095 1 ______11357, 11541 32 CFR 4672 ______11095 8 ______— 11542 1 12017 4673 ______12135 14 12177 2 ______12018 P roposed R ules: 17 — ______11090 3 ____ — ______12018 417______11499 19 12279 7 ______12019 31______12087 15 ______12022 45 CFR 120 ______11589-11591,12028,12088 16______-______12023 85______11096 121 _ 11542, 19______12024 234______11302 11543,11589,12088-12090,12178 30-______12024 250______,______11098 138______1______12178 48 12092 1068______11496 146 ______12091 5 2 ______12097 1069______11546 146a______12029 62______11299 147 ______:______11592, 12279 80______12097 80a______12097 46 CFR P roposed R ules 100______11356 105______—— _11265 104______11966 1______11423 206______12127 156—______11544 222___ i._____ — ...... 11497 15______11423, 11552 278______11966 53______11099 801______11967 141______12286 826______11300 47 CFR 141c__...... _____ 12184 830______11301 0 ______11144 146c______12184 905______-______11967 1 ______12136, 12218 148n______12184 920_____ -______11968 2 ______11302, 12137 191______11423 1464—______11464 21______12137 1471 _____-______11264 31______— 11971 22 CFR 1472 ___ — 11264 43______12137 121 ______12029 1701______- 1209873 ______11144, 11358, 11359, 12219 122 ______12031 1713______12098 74 ______12099 123 ______12032 1801______v 11544 95— ______„ 11211, 12220 124 ______12036 1807______11544 97______12218 12320 FEDERAL REGISTER

4 7 CFR— Continued Page 49 CFR—Continued Page 49 CFR—Continued Page Proposed Rules: 177 ______12282 P roposed R ules—Continued 1 ------11981 178 ------12282 177 __ 11977 2 ______11150,11425 225------11973 178 ______11978 73 ______11273, 230 ______11973 191------11979 11381,11982, 11984, 12226 231 _ 11974 231------11381 74 ______12108, 12140 233 ------11974 Ch. I ll______11148, 12107 81______s 11103,11148,11150 234 ------11974 371------11501 83______11103,11105,11148,11150 236------11974 375---- 1150* 85____ 11103,11105,11148 367______11360 1041------11151, 11384 87______11148,11150 371______11420, 12138, 12283 1048______11984-11986 89______11148 375______11974 1050______11986 91______11148,11150 1004______12221 93______11148 1033------11145, 50 CFR 95______11148 11146, 11211, 11362, 12179, 12180 10------12255 99______11148 1048______12041, 12221 32 ------11271, Proposed Rules: 49 CFR 11422,11498,12222, 12223 71______11980 33 ------12099,12180 1------11360 172 _____ 12291 9------11972 173 ______11977, P roposed R ules: 174------12282 11978,12187,12188, 12291 32______11593, 12284