THURSDAY, NOVEMBER 11, 1971

WASHINGTON, D.C.

Volume 36 ■ Number 218

Pages 21569-21658 PART I

Part II. begins on page 21651

HIGHLIGHTS OF THIS ISSUE

This listing does not affect the legal status of any document published in this issue. Detailed table of contents appears inside.

INCOME, ESTATE, AND GIFT TAX RETURNS— Presidential Executive order authorizing inspec­ tion by the Committee on Public Works...... — 21575

ECONOMIC STABILIZATION— OEP supplemen­ tary guidelines effective 11—11—71------21598

ANIMAL QUARANTINE— USDA proposes revision of hog cholera interstate regulations; comments within 30 days______21652

MEAT IMPORTS— USDA regulations on excessive meat importation; effective 11-11 -71 ------21577

ANIMAL FEED LOTS— USDA regulation revoking approved lots; effective 11-11-71...... 21579

VIRUSES, SERUMS, AND TOXINS— USDA revo­ cation of regulations re anti-hog serum and chol­ era virus; effective 11-11 -71______21579

ENVIRONMENT— AEC amendments to interim statement on implementation of National En­ vironmental Policy Act...... 21579

NUCLEAR LIABILITY INSURANCE— AEC regula­ tion relating to indemnity waivers of defenses endorsement...... -...... 21580

FOOD ADDITIVES— FDA provision for safe use of certain drugs as antioxidant and stabilizer for polymers; effective 11—11—71...... 21588

SHIPMENT AND STORAGE OF FOOD AND ANI­ MAL FEED— FDA revision of policy on secondhand containers ...... 21587 (Continued inside) Current White House Releases

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS

This unique service makes available transcripts of system of cumulative indexes. Other finding aids the President’s news conferences; messages to Con­ include lists of laws approved by the President and gress; public speeches, remarks, and statements; of nominations submitted to the Senate, a checklist and other Presidential materials released by the of White House releases, and a digest of other White House announcements. White House. This systematic publication of Presidential items The Weekly Compilation carries a Monday date­ provides users with up-to-date information and a line and covers materials released during the pre­ permanent reference source concerning Presidential ceding week. It includes an Index of Contents and a policies and pronouncements.

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Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERAL^REGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.O. 20408, AreaA nn CodeP n l. 202o n t VA »34.«»- ^ phone 962-8626 pursuant to the authority contained in the Federal Register Act,' approved July 26, 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 Federal Register wUl be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in 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 of Federal Regulations, which is published, under 50 titles, pursuan to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510)- The Code of Federal Regulations Is sold by the Superintenden of Documents. Prices of new books are listed in the first Federal R egister issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code of F ederal Regulations. HIGHLIGHTS— Continued

FLOOD INSURANCE— HUD additions to hazard COAL MINE SAFETY— Interior Dept, notice of re­ areas and insurance eligibility lists (2 docu­ quest for modification of mine safety standard; ments)...... —- ...... , ...... 21589, 21590 comments within 30 days...... 21612

MEDICAID— HEW regulation on reimbursement FOOD ADDITIVES— of certain practitioners; effective date retroactive FDA notice of petition to change specifications to 7-1-69 ...... 21591 for diatomaceous earth.______21614 FDA notice proposing use of urea in manufac­ MOTOR VEHICLE SAFETY— DoT amendments to ture of food contact coatings...... 21614 brake fluid regulations; effective 3 -1 —72 ...... 21594

MOTOR CARRIERS— ICC regulations on trans­ NEW ANIMAL DRUG— FDA notice of hearing on portation of waste products for reuse; effective withdrawal of approval of Lincocin Forte; effective 12-15-71 ...... ______21596 for 30 days______21614

HIGHER EDUCATION FACILITIES— HEW proposal NEW DRUGS— FDA evaluation of reports on cer­ for assistance in construction costs; effective tain drugs for human use (3 documents) 21612-21614 12-11-71 ______21600 AIRFARES AND RATES— CAB notices on IATA AIRLINE TRADE AGREEMENTS— CAB proposal agreements (2 documents) ______21616 for certain extensions; comments by 11-25-71.. 21601 GEOTHERMAL RESOURCES— Interior Dept, ex­ FRANCHISING— FTC proposal relating to dis­ tension of time for comments on proposals for closure requirements and prohibitions; comments operating and leasing public lands from 1 1-12 - by 2 -7 -72...... 21607 71 to 11-22-71 21610

Contents

THE PRESIDENT ATOMIC ENERGY COMMISSION COAST GUARD Rules and Regulations Rules and Regulations EXECUTIVE ORDER Environment; interim statement- 21579 Drawbridge operation regulations; Inspection of income, estate, and Nuclear liability insurance; in­ miscellaneous amendments____21590 gift tax returns by the Commit­ demnity waivers of defense en­ tee on Public Works, House of dorsement ______21580 CONSUMER AND MARKETING Representatives______-______21575 Notices SERVICE Virginia Electric and Power Co.; application for construction per­ Rules and Regulations EXECUTIVE AGENCIES mits and facility licenses; time Handling limitations: for submission of views on anti­ Navel oranges grown in Arizona AGRICULTURAL RESEARCH trust matters______21615 and designated part of Cali­ SERVICE Battelle Memorial Institute; pro­ fornia ______21577 posed issuance of facility li­ Valencia oranges grown in Ari­ Rules and Regulations cense ______21615 zona and designated part of Animal feed lots; revocation of California ______21578 approved lots______21579 CIVIL AERONAUTICS BOARD Milk in Eastern Ohio-Western Viruses, serums and antitoxins; Proposed Rule Making Pennsylvania marketing area; revocation of certain regula­ order suspending certain provi­ tions ______21579 Airline trade agreements; certain sions ______21578 extensions______21601 Proposed Rule Making Proposed Rule Making Notices Animal quarantine; proposed revi­ Raisins produced from grapes in sion of hog cholera interstate Airfares and rates; notices on California; grade and condition regulations—______21652 IA T A agreements (2 docu­ standards______21599 ments) ______21616 Hearings, etc.: EDUCATION OFFICE AGRICULTURE DEPARTMENT Basler Flight Service, Inc------21616 See also Agricultural Research Nigeria Airways, Ltd______21616 Proposed Rule Making Service; Consumer and Market­ CIVIL SERVICE COMMISSION Higher education facilities; finan­ ing Service; Packers and Stock- cial assistance in construction yards Administration. Rules and Regulations costs------21600 Rules and Regulations Temporary boards and commis­ (Continued on next page) Meat; limitation on imports______21577 sions; excepted service------21577 21571 21572 CONTENTS EMERGENCY PREPAREDNESS Grand Banks Corp.; order denying HEALTH, EDUCATION, AND action to become bank holding OFFICE company ______.______21624 WELFARE DEPARTMENT Rules and Regulations Marshall and Ilsley Bank Stock See Education Office; Food and Drug Administration. Economic Stabilization; guidance Corp.; proposed acquisition of for application------21598 First National Leasing Corp— 21624 Perry County Bank; order approv­ HEARINGS AND APPEALS FEDERAL AVIATION ing application for merger of OFFICE ADMINISTRATION b a n k s — ------21625 Shorebank, Inc.; order approving Notices Rules and Regulations acquisition of bank stock by Kaiser Steel Corp.; petition for Airworthiness directives; turbine bank holding company------21625 modification of safety stand­ engine powered aircraft with ards ______21612 certain types of batteries in­ FEDERAL TRADE COMMISSION stalled ______— 21581 HOUSING AND URBAN Area high routes; designation (6 Rules and Regulations documents)______21584—21586 School Services, Inc., et al.; pro­ DEVELOPMENT DEPARTMENT Control zone and transition areas; hibited trade practices----.----- 21586 See Federal Insurance Adminis­ alteration______21583 tration. Transition areas: Proposed Rule Making Alterations (3 documents)----- 21582- Franchising; proposal relating to 21584 disclosure requirements and INTERIOR DEPARTMENT Designations (5 documents) — 21582- prohibitions______21607 See also Fish and Wildlife Service; 21584 Geological Survey; Hearings and Proposed Rule Making FISH AND WILDLIFE SERVICE Appeals Office; Land Manage­ ment Bureau; Social and Reha­ Transition areas; proposed altera­ Rules and Regulations tions (2 documents)______21600,21601 bilitation Service. Certain wildlife refuges; hunting Notices FEDERAL COMMUNICATIONS or sport fishing: Georgia ______21597 Bennett, Carrol M.; statement of COMMISSION Iowa and Nebraska------21597 changes in financial interests— 21612 Rules and Regulations Wisconsin ______21598 Certain FM broadcast stations; INTERSTATE COMMERCE table of assignments------21592 FOOD AND DRUG COMMISSION Proposed Rule Making ADMINISTRATION Rules and Regulations FM broadcast stations: Rules and Regulations Table of assignments------21602 Motor carriers; transportation of Time of operation------21602 Food additives; antioxidants and/ waste products for reuse.------21596 or stabilizers for polymers------21588 Vessel bridge-to-bridge radiotele­ Proposed Rule Making phone; proposed amendments— 21602 Shipment and storage of food and animal feed; policy regarding Rail and motor piggyback forms; Notices secondhand containers------21587 proposed traffic statistics; ex­ Common carrier services informa­ tension of time for comments— 21610 tion; domestic public radio serv­ Notices ices applications accepted for Food additives; petition for change Notices filin g ______1— 21617 of specifications for diatoma- Assignment of hearings______21645 Hearings, etc.: ceous earth______21614 Fourth section applications for Dubuque Communications Corp. Food additives; proposed use of re lie f______21645 (KDUD-TV) ______21619 urea in manufacture of contact Motor carrier, broker, water car­ Look Television Corp. (W JJY- coatings______21614 New animal drug; withdrawal of rier and freight forwarder ap­ TV) ______21619 plications ______21627 Screen Gems Stations, Inc-----21619 approval of Lincocin Forte------21614 Tung Broadcasting Co., and New drugs; evaluation of reports Motor carrier transfer proceed­ Andres Calandria_:______— 21620 (3 documents)______21612-21614 ings _1______21645 United Television Company of Petition for interpretation of de­ New Hampshire et al______21621 GENERAL SERVICES tention rules______21646 FEDERAL INSURANCE ADMINISTRATION LAND MANAGEMENT BUREAU Notices ADMINISTRATION Rules and Regulations Rules and Regulations Secretary of Defense; delegation of authority------21616 Utah; public land order; correc­ Flood insurance; additions to haz­ tion ______-— 21591 ard areas and insurance eligibil­ ity lists______21589, 21590 GEOLOGICAL SURVEY Proposed Rule Making Proposed Rule Making Geothermal resources leasing and FEDERAL RESERVE SYSTEM operations on public, acquired, Geothermal resources leasing and and withdrawn lands; extension Notices operations on public, acquired, of time for comments------21610 Brenton Banks, Inc.; application and withdrawn lands; cross ref­ for approval of acquisition of erence ____ 21610 Notices shares of bank______21622 Notices California; filing of plat of survey- 21611 First National Charter Corp.; or­ Power site cancellations: der approving acquisition of NATIONAL AERONAUTICS AND bank stock by bank holding Boise River, Idaho (2 docu­ company ______21622 ments) ______21611 SPACE ADMINISTRATION Spokane River, Washington____21612 First Security National Corp.; or­ Rules and Regulations der approving acquisition of Tazimina River and Lakes, bank stock by bank holding Alaska; power site classifica­ Procurement; letters of delega- com pany______21623 tion; correction______21612 CONTENTS 21573

NATIONAL HIGHWAY TRAFFIC SECURITIES AND EXCHANGE SOCIAL AND REHABILITATION SAFETY ADMINISTRATION COMMISSION SERVICE Rules and Regulations Notices Rules and Regulations Motor vehicle safety; amend­ Hearings, etc.: ments to brake fluid regula­ Citizens Investment Fund______21626 Medicaid; reimbursement of cer­ tions ______21594 Ecological Science Corp______21626 tain practitioners______21591 Middle South Utilities, Inc., and PACKERS AND STOCKYARDS Middle South Services, Inc___21627 TRANSPORTATION DEPARTMENT ADMINISTRATION See Coast Guard; Federal Aviation Notices Administration; National High­ Chicago-Joliet Livestock Market­ ing Center, Inc., et al.; posted way Traffic Safety Administra­ stockyards______21612 tion.

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 following the Notices section 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, 1971, and specifies how they are affected.

3 CFR 14 CFR 43 CFR

Executive O rder: 39______21581 P ublic L and O rder: 11631______21575 71 (9 documents)______21582-21584 5116—------______21591 75 (6 documents) ______21584-21586 P roposed R u les : 5 CFR P roposed R u l e s : 3000______21610 213______21577 71 (2 documents)______21600, 21601 3045______21610 225_____- ______21601 3104------21610 7 CFR 3200______21610 20______21577 1 6 CFR 907 ...... 21577 13______21586 45 CFR 908 ______21578 P roposed R u l e s : 249 ------21591 1036_____ ;______21578 436______21607 250 ------*------^___ 21591 Proposed R u l e s : P roposed R u l e s : 989______21599 21 CFR 170------21600 3______4____ -x— 21587 9 CFR 121______„21588 47 CFR 101 ...... 73 ______------_ 21592 102 ____ 21579 2 4 CFR P roposed R u l e s : 112...... 21579 1914------21589 113 __ 21579 1915------21590 73 (2 d o cu m en ts)______„21602 114 __ 21579 » A p r n 81______------.21602 117____ 21579 J U t r K 83______21602 120__ 21579 P roposed R u l e s : 132______49 CFR 21579 270______21610 5 7 1______------21594 Proposed R u l e s : 1062______------21596 76...... ______21652 32A CFR P roposed R u l e s : OEP (Ch. I) : 10 CFR ES Reg. 1: 1252______„__ ------21610 21598 50...... 21579 Circ- 25------50 CFR 140...... 21580 33 CFR 32 ______------21597 21590 33 (2 d o cu m en ts)______21597, 21598 41 CFR 18-16. 21588

Presidential Documents

Title 3—The President

EXECUTIVE ORDER 11631 Inspection of Income, Estate, and Gift Tax Returns by the Committee on Public Works, House of Representatives By virtue of the authority vested in me by section 6103(a) of the Internal Revenue Code of 1954, as amended (26 U.S.C. 6103(a)), it is hereby ordered that any income, estate, or gift tax return for the years 1960 to 1972, inclusive, shall, during the Ninety-second Congress, be open to inspection by the Committee on Public Works, House of Repre­ sentatives, or any duly authorized subcommittee thereof, in connection with its investigation of the policies, procedures, and practices involved in the administration of programs affecting the Committee on Public Works, pursuant to House Resolution 142, 92nd Congress, agreed to March 2, 1971. Such inspection shall be in accordance and upon com­ pliance with the rules and regulations prescribed by the Secretary of the Treasury in Treasury Decision 6132, relating to the inspection of returns by committees of the Congress, approved by the President on May 3,1955.

C ^ T h e W h it e H o u se, November 9,1971. [FR Doc.71-16565 Filed 11-9-71 ;3:12 pm]

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971

21577 Rules and Regulations

tle meat) and 106.20 (relating to fresh, Chapter IX— Consumer and Market­ Title 5— ADMINISTRATIVE chilled, or frozen meat of goats and sheep ing Service (Marketing Agreements (except lambs)) of the Tariff Schedules and Orders; Fruits, Vegetables, of the United States. PERSONNEL Nuts), Department of Agriculture Chapter I— Civil Service Commission This regulation is issued with the con­ currence of the Secretary of State and [Navel Orange Reg. 239] PART 213— EXCEPTED SERVICE the Special Representative for Trade Ne­ gotiations to carry out bilateral agree­ PART 907— NAVEL ORANGES Temporary Boards and Commissions ments negotiated with the Governments GROWN IN ARIZONA AND DES­ Section 213.3199 is amended to show of Mexico, Costa Rica, and Honduras IGNATED PART OF CALIFORNIA pursuant to section 204 of the Agricul­ that until November 30, 1973, a total of Limitation of Handling 50 positions in grades GS-12 and above tural Act of 1956, as amended (7 U.S.C. in the Cost of Living Council, the Price 1854). The Commissioner of Customs has § 907.539 Navel Orange Regulation 239. been requested to take such,action as Commission, and the Pay Board are ex­ (a) Findings. (1) Pursuant to the is necessary to implement this regula­ cepted under schedule A when it is deter­ marketing agreement, as amended, and mined that existing registers are not ap­ tion. Since the action taken herewith has been determined to involve foreign af­ Order No. 907, as amended (7 CFR Part propriate or do not permit appointment 907, 35 F.R. 16359), regulating the han­ expeditiously. fairs functions of the United States, this amendment and the request to the Com­ dling of Navel oranges grown in Arizona Effective on publication in the F ederal and designated part of California, effec­ R egister (11-11-71), paragraph (m) is missioner of Customs, being necessary to the implementation of such action, fall tive under the applicable provisions of added to § 213.3199 as set out below. the Agricultural Marketing Agreement within the foreign affairs exception to § 213.3199 Temporary Boards and Com­ the notice and effective date provision of Act of 1937, as amended (7 U.S.C. 601- missions. 5 U.S.C. 553. 674), and upon the basis of the recom­ mendations and information submitted * * 4c 4c 4c The subpart, Section 204 Import (m) Cost of Living Council and Re­ by the Navel Orange Administrative Regulations of Part 20, Subtitle A of Committee, established under the said lated Organizations. * * * Title 7 (35 F.R. 10837, as amended), is (1) Until November 30, 1973, not to amended marketing agreement and amended by adding to § 20.4 the follow­ order, and upon other available infor­ exceed 50 positions in grades GS-12 and ing new paragraphs: above when it is determined that exist­ mation, it is hereby found that the limi­ ing registers are not appropriate or do § 20.4 Restrictions fo r 1971. tation of handling of such Navel oranges, not permit appointment expeditiously. # 4» 4« * 4* as hereinafter provided, will tend to ef­ (b) Imports from Mexico. No more fectuate the declared policy of the act. (5 UA.C. secs. 3301, 3302, E.O. 10577; 3 CFR (2) It is hereby further found that it 1954-58 Comp., p. 218) than 79.5 million pounds of meat which is the product of Mexico may be entered, is impracticable and contrary to the pub­ U n it e d S tates C i v i l S erv- or withdrawn from warehouse, for con­ lic interest to give preliminary notice, COMMISSION, sumption in the United States during the engage in public rule making procedure, [ seal! J a m es C. S p r y , calendar year 1971. and postpone the effective date of this section until 30 days after publication Executive Assistant to (c) Imports from Costa Rica. No more the Commissioners. hereof in the F ederal R eg ist e r (5 U.S.C. than 40.4 million pounds of meat which 553) because the time intervening be­ |PR Doc.71-16472 Piled 11-10-71; 8:48 am J is the product of Costa Rica may be en­ tween the date when information upon tered, or withdrawn from warehouse, for which this section is based became avail­ consumption in the United States during able and the time when this section must the calendar year 1971. become effective in order to effectuate Title 7— AGRICULTURE (d) Imports from Honduras. No more the declared policy of the act is insuffi­ Subtitle A— Office of the Secretary of than 17.0 million pounds of meat which cient, and a reasonable time is permitted, Agriculture is the product of Honduras may be under the circumstances, for preparation entered, or withdrawn from warehouse, for such effective time; and good cause ¡Arndt. 8] for consumption in the United States exists for making the provisions hereof PART 20— LIMITATION ON IMPORTS during the calendar year 1971. effective as hereinafter set forth. The OF MEAT Effective date. The regulations con­ committee held an open meeting during tained in the amendment shall become the current week, after giving due notice Subpart— Section 204 Import effective upon publication in the F ederal thereof, to consider supply and market Regulations R e g ister (11-11-71), but meat released conditions for Navel oranges and the under the provisions of section 448(b) of need for regulation; interested persons Restriction o n t h e I m p o r t a t io n o p M eat the Tariff Act of 1930 (19 U.S.C. 1448(b)) were afforded an opportunity to submit Prom M ex ic o , C o sta R ic a an d H o n d u r a s prior to such date shall not be denied information and views at this meeting; Section 20.4 is amended by adding entry. the recommendation and supporting in­ three new paragraphs prohibiting the im­ formation for regulation during the pe­ (Sec. 204 of, the Agricultural Act of 1956, as riod specified herein were promptly sub­ portation of meat in excess of 79.5 mil- amended (7 U.S.C. 1854) and E.O. 11539.) hon pounds from Mexico, 40.4 million mitted to the Department after such Pounds from Costa Rica and 17.0 mil- Issued at Washington, D.C., this 5th meeting was held; the provisions of this hon pounds from Honduras during the day of November 1971. section, including its effective time, are calendar year 1971. Meat subject to this identical with the aforesaid recommen­ J. P h i l C a m p b e l l , dation of the committee, and information Acting Secretary of Agriculture. restriction is that covered by items 106.10 concerning such provisions and effective (relating to fresh, chilled, or frozen cat­ ¡P R Doc.71-16475 Piled 11-1Q-71;8:49 am ] time has been disseminated among

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 No. 218—Pt. I--- 3 21578 RULES AND REGULATIONS handlers of such Navel oranges; it is ficient, and a reasonable time is permit­ Notice of proposed rule making was necessary, in order to effectuate the de­ ted, under the circumstances, for prep­ published in the F ederal R egister (36 clared policy of the act, to make this sec­ aration for such effective time; and good F.R. 20440) concerning a proposed sus­ tion effective during the period herein cause exists for making the provisions pension of certain provisions of the specified; and compliance with this sec­ hereof effective as hereinafter set forth. order. Interested persons were afforded tion will not require any special prepara­ The committee held an open meeting opportunity to file written data, views, tion on the part of persons subject hereto during the current week, after giving due and arguments thereon. None were filed which cannot be completed on or before notice thereof, to consider supply and in opposition. the effective date hereof. Such commit­ market conditions for Valencia oranges After consideration of all relevant tee meeting was held on November 9, and the need for regulation; interested material, including the proposal set forth 1971. persons were afforded an opportunity to in the aforesaid notice, data, views, and (b) Order. (1) The respective quanti­submit information and views at this arguments filed thereon, and other avail­ ties of Navel oranges grown in Arizona meeting; the recommendation and sup­ able information, it is hereby found and and designated pa,rt of California which porting information for regulation dur­ determined that for the months of No­ may be handled during the period No­ ing the period specified herein were vember 1971 through April 1972 the fol­ vember 12, 1971, through November 18, promptly submitted to the Department lowing provisions of the order do not 1971, are hereby fixed as follows: tend to effectuate the declared policy of after such meeting was held; the pro­ t/JlG * (1) District 1: 444,064 cartons) visions of this section, including its ef­ (ii) District 2: Unlimited; fective time, are identical with the afore­ 1. In § 1036.41(c) (6) (iv), “ and bulk (iii) District 3: 165,003 cartons. said recommendation of the committee, cream;” (2) As used in this section, “handled,” and information concerning such pro­ 2. In § 1036.41(c) (6) (vii), “and bulk “District 1,” “District 2,” “District 3,” visions and effective time has been dis­ cream;” and and “carton” have the same meaning as seminated among handlers of, such Va­ 3. In § 1036.42(b) (1), “ and bulk when used in said amended marketing lencia oranges; it is necessary, in order cream.” agreement and order. to effectuate the declared policy of the S tatement op C onsideration act, to make this section effective during (Secs. 1-19, 48 Start;. 31, as amended; 7 U.S.C. This suspension will change the 601-674) the period herein specified; and com­ amount of allowable class III shrinkage Dated: November 10, 1971. pliance with this section will not require any special preparation on the part of on bulk cream transferred from a pool plant to other plants. It continues the P aul A. N ic h o lso n , persons subject hereto which cannot be' Deputy Director, Fruit and completed on or before the effective date same effect of a suspension order effec­ tive for the months of May through Octo­ Vegetable Division, Consumer hereof. Such committee meeting was ber 1971. The present order limits class and Marketing Service. held on November 9,1971. II I shrinkage on cream derived from a (b) Order. Cl) The respective quan­ [P R Doc.71-16601 Piled 11-10-71; 11:28 am] handler’s receipts of producer milk to tities of Valencia oranges grown in Ari­ 0.5 percent of the cream. Suspension will zona and designated part of California [Valencia Orange Reg. 374] increase the allowable class in shrink­ which may be handled during the period age to 2 percent. PART 908— VALENCIA ORANGES November 12,1971, through November 18, A cooperative association which 1971, are hereby fixed as follows: handles at its pool balancing plant a sub­ GROWN IN ARIZONA AND DES­ (1) District 1: 68,000 cartons; IGNATED PART OF CALIFORNIA stantial portion of the market’s reserve (ii) District 2:. 332,000 cartons; supplies of milk requested suspension of Limitation of Handling (iii) District 3: Unlimited. the provisions set forth hereinbefore. The (2) As used in this section, “ handler”, cooperative receives producer milk, at § 908.674 Valencia Orange Regulation “District 1”, “District 2”, “District 3”, farm weights and tests, separates such 374. and “carton” have the same meaning as milk, and transfers the cream to other (a) Findings. (1) Pursuant to the mar­ when used in said amended marketing plants for churning. The activities per­ keting agreement, as amended, and agreement and order. formed by the cooperative usually result Order No. 908, as amended (7 CFR Part (Secs. 1-19, 48 Stat. 31, as amended; 7 in more than one-half percent loss of 908, 35 F.R. 16625), regulating the han­ U.S.C. 601-674) product on the cream transfers involved. dling of Valencia oranges grown in Ari­ Dated: November 10, 1971. A greater loss (or shrinkage) of prod­ zona and designated part of California, uct occurs in handling cream than in effective under the applicable provisions P aul A. N ic h o lso n , handling fluid milk. However, the present of the Agricultural Marketing Agreement Deputy Director, Fruit and shrinkage provisions do not distinguish Act of 1937, as amended (7 U.S.C. 601- Vegetable Division, Consumer between cream and fluid milk oh the 674), and upon the basis of the recom­ and Marketing Service. amount of class III shrinkage allowed. In mendations and information submitted [P R Doc.71-16600 Piled 11-10-71; 11:28 am] view of the manner in which surplus by the Valencia Orange Administrative cream is being handled in this market, Committee, established under the said the class III shrinkage allowance under amended marketing agreement and Chapter X— Consumer and Marketing the order should be modified to reflect order, and upon other available infor­ Service (Marketing Agreements and actual experience of cream shrinkage. mation, it is hereby found that the limi­ Immediate action is necessary since the tation of handling of such Valencia Orders: Milk), Department of Agri­ previous suspension expired October 31, oranges, as hereinafter provided, will culture 1971. w tend to effectuate the declared policy [Milk Order 36] The cooperative has requested a public of the act. hearing to consider, among other things, (2) It is hereby further found that it PART 1036— MILK IN THE EASTERN appropriate modification of the order is impracticable and contrary to the pub­ OHIO-WESTERN PENNSYLVANIA provisions relating to cream shrinkage. lic interest to give preliminary notice, MARKETING AREA Suspension for the period of Novembe engage in public rule-making procedure, 1971 through April 1972 will provide rea­ and postpone the effective date of this Order Suspending Certain Provisions sonable time for consideration of any section until 30 days after publication This suspension order is issued pursu­ amendatory action that may be desirable to reflect current marketing conditions. hereof in the F ederal R egister (5 U.S.C. ant to the provisions of the Agricultural It is hereby found and determined tha 553) because the time intervening be­ Marketing Agreement Act of 1937, as tween the date when information upon 30 days’ notice of the effective date hereo amended (7 U.S.C. 601 et seq.), and of which this section is based became avail­ is impractical, unnecessary, and contrary able and the time when this section must the order regulating the handling of milk to the public interest in that: become effective in order to effectuate in the eastern Ohio-western Pennsylva­ (a) This suspension is necessary to the declared policy of the act is insuf­ nia marketing area. reflect current marketing conditions an

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 RULES AND REGULATIONS 21579 to maintain orderly marketing conditions Due to the decreased need for hog determined that there is no need for the in the marketing area in that the present cholera products, all licenses for these aforesaid General Regulations (9 CFR class H I shrinkage provisions do not re­ products have been terminated. There­ Part 132) to continue in effect. flect operating experience in the handling fore, there is no further need for ap­ Accordingly, it is hereby found that it of cream. proved feed lots. Subsequently, all ap­ is impractical and unnecessary to give (b) This suspension order does not proved feed lots have been deleted in preliminary notice, engage in public require of persons affected substantial accordance with § 120.5. Since there are rule making procedure, and postpone the or extensive preparation prior to the no longer any approved feed lots, there effective date of this action until 30 days effective date; and is no longer any need for Part 120. after publication in the F ederal R egis­ (c) Notice of proposed rule making Accordingly, it is hereby found that it ter (5 U.S.C. 553), and good cause exists was given interested parties and they is impractical and unnecessary to give for making the provisions hereof effective were afforded opportunity to file written preliminary notice, engage in public as herein above set forth. data, views, or arguments concerning this rulemaking procedure, and postpone the Done at Washington, D.C., this 5th suspension. effective date of this action until 30 days day of November 1971. Therefore, good cause exists for mak­ after publication in the F ederal R egister ing this order effective on November 1, (■5 U.S.C. 553), and good cause exists for G. H. W ise, 1971. making the provisions hereof effective as Acting Administrator, It is therefore ordered, That the afore­ hereinabove set forth. Agricultural Research Service. said provisions of the order are hereby With the revocation of Part 120, and [FR Doc.71-16506 Filed 11-10-71;8:53 am] suspended for the months of November the prior revocation of Parts 118, 119 (34 1971 through April 1972. F.R. 18120), and 121 (35 F.R. 16041), the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. regulations need to be revised by deleting 601-674) references thereto in Parts 101 through 117. Title 10— ATOMIC ENERGY Effective date: November 1,1971. Done at Washington, D.C., this 5th day Chapter I— Atomic Energy Signed at Washington, D.C. on Novem­ of November 1971. Commission ber 5, 1971. G . H . W is e , R ichard E. L y n g , Acting Administrator, PART 50— LICENSING OF PRODUC­ Assistant Secretary. Agricultural Research Service. TION AND UTILIZATION FACILITIES [PR Doc.71-16473 Piled 11-10-71; 8:49 am] [P R Doc.71-16505 Piled 11-10-71;8:53 am] Implementation of the National Environmental Policy Act of 1969 PART 132— GENERAL On September 9, 1971, the Atomic En­ Title 9— ANIMALS AND REGULATIONS ergy Commission published in the F ed­ eral R egister (36 F.R. 18071) a revision ANIMAL PRODUCTS Miscellaneous Amendments of Appendix D of its regulation in 10 CFR Pursuant to the provisions of sections Part 50, effective on publication. Revised Chapter I— Agricultural Research Appendix D as published is an interim Service, Department of Agriculture 56-60 of Public Law 320, 74th Congress, approved August 24, 1935, as amended statement of Commission policy and pro­ SUBCHAPTER E— VIRUSES, SERUMS, TOXINS, (Sec. 56-60, 49 Stat. 781, as amended; 7 cedure for the implementation of the AND ANALOGOUS PRODUCTS; ORGANISMS U.S.C. 851-855), Subchapter E, Chap­ National Environmental Policy Act of AND VECTORS ter I, Title 9, of the Code of Federal 1969 (NEPA) in accordance with the de­ cision of the U.S. Court of Appeals for PART 101— GENERAL PROVISIONS Regulations is hereby amended as follows: the District of Columbia Circuit in “ Cal­ PART 102— LICENSES AND PERMITS Part 132 of Chapter I of Title 9 of the vert Cliffs’ Coordinating Committee, Inc., FOR BIOLOGICAL PRODUCTS Code of Federal Regulations is revoked. et al. v. United States Atomic Energy Effective date. The foregoing amend­ Commission, et al.,” Nos. 24,839 and PART 112— LABELS ment shall become effective upon 24,871. The procedures in Appendix D publication in the F ederal R egister apply to licensing proceedings for nu­ PART 113— STANDARD (11-11-71). clear power reactors; testing facilities; REQUIREMENTS The aforesaid General Regulations fuel reprocessing plants; and other pro­ duction and utilization facilities whose PART 114— MISCELLANEOUS RE­ (Part 132) pertain to the Rules of Prac­ tice and Procedure Governing Proceed­ construction or operation may be deter­ QUIREMENTS FOR LICENSED ES­ ings to Formulate Marketing Agreements mined by the Commission to have a sig­ TABLISHMENTS and Marketing Orders applicable to nificant impact on the environment. The procedures also apply to proceedings in­ PART 117— ANIMALS Anti-Hog-Cholera Serum and Hog- Cholera Virus (Subpart A ) , and Rules of volving certain specified activities sub­ PART 120— APPROVED FEED LOTS Practice Governing Proceedings on ject to materials licensing. Petitions to Modify or to be Exempted The Commission adopted certain minor Miscellaneous Amendments From Marketing Orders (Subpart B ). An amendments to revised Appendix D, pub­ lished in the F ederal R egister on Sep­ Pursuant to the authority contained order was issued by the Assistant Secre­ ih the Virus-Serum-Toxin Act of March tary of Agriculture on December 13,1966 tember 30, 1971. 4, 1913 (21 U.S.C. 151-158) Subchapter (31 F.R. 16185) , tenninating the provi­ The Commission has adopted addi­ E, Chapter I, Title 9 of the Code of Fed­ sions of the Marketing Agreement Regu­ tional amendments to revised Appendix eral Regulations is hereby amended as lating Handling of Anti-Hog-Cholera D that clarify the intent of the Commis­ follows: Serum and Hog-Cholera Virus, as sion with respect to proceedings subject to section D. 1. Part 120 of Chapter I of Title 9 of amended, and the Marketing Order the Code of Federal Regulations is Regulating Handling of Anti-Hog- In section 4, Procedures Applicable to revoked. Cholera Serum and Hog-Cholera Virus, Pending Hearings or Proceedings to be as amended (9 CFR Part 131), effective Noticed in the Near Future, paragraph 1 2. Wherever in Parts 101,102,112,113, has been amended to make the provi­ 114, and 117, the phrase “Parts 101 midnight on December 31, 1966. Since termination in 1966, no marketing agree­ sions of paragraphs 1 and 2 of that sec­ through 121” appears, the phrase “Parts tion applicable to proceedings in which 101 through 117” is substituted therefore. ment and order have been in effect with respect to regulating the handling of hearings are pending as of September 9, Effective date. The foregoing amend­ 1971, or in which a draft or final detailed ments shall become effective upon pub­ anti-hog-cholera serum and hog-cholera statement of environmental considera­ lication in the F ederal R egister (11-11- virus, nor are any being contemplated. In tions prepared by the Director of Regula­ the circumstances, it is hereby found and tion or his designee has been circulated

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21580 RULES AND REGULATIONS prior to said date, in the case of an ap­ D. Procedures applicable to pending hear­ view. Such circumstances include testing plication for a consitruction permit, or in ings or proceedings to be noticed in the near and vertification of plant performance and which a notice of opportunity for hearing future. 1. In proceedings in which hearings other limited activities where operation can on the application has been issued prior are pending as of September 9, 1971, or in be justified without prejudice to the ends of which a draft or final detailed statement of environmental protection. Accordingly, the to October 31, 1971, in the case of an environmental considerations prepared by Commission may issue a license for limited application for an operating license. A the Director of Regulation or his designee operation after consideration and balancing conforming amendment has been made has been circulated prior to said dateu in of the factors described in paragraph 2. of to section C.l of Appendix D. the case of an application for a construction this section and upon making the appro­ Paragraph 3 of section D of Appendix permit, or in which a notice of opportunity priate findings on the matters specified in D has been amended to make clear that, for hearing on the application has been issued § 50.57(a) : Provided, however, That opera­ in oases where a notice of opportunity prior to October 31, 1971, in the case of an tion beyond twenty percent (20%) of full for hearing on an operating license ap­ application for an operating license, the power will not be authorized except in emer­ presiding Atomic Safety and Licensing Board gency situations or other situations where plication was issued prior to October 31, will, if the requirements of paragraphs 1—9 tlie public interest so requires. Any license 1971, and no hearing has been requested, of section A have not as yet been met, pro­ so issued will be without prejudice to sub­ the environmental review procedures set ceed expeditiously with the aspects of the sequent licensing action which may be taken out in section A of Appendix D, will, application related to the Commission’s by the Commission with regard to the en­ with respect to such proceedings, be sub­ licensing requirements under the Atomic vironmental aspects of the facility, and any ject to the limitation that comments will Energy Act pending the submission of en­ license issued will be conditioned to that be requested, and must be received, vironmental reports and detailed statements effect. as specified in section A and compliance with * * * * * within 30 days from Federal agencies, other applicable requirements of section A. State and local officials and interested A supplement to the environmental report, (Sec. 102, 83 Stat. 853; secs. 3, 161; 68 Stat. 922, 948, as amended; 42 U.S.C. 2013, 2201) persons on environmental reports and covering the matters described in sections draft detailed statements. This change A .l—4 to the extent not previously covered, Dated at Germantown, Md., this 29th conforms paragraph 3 of section D to may be submitted in lieu of a new environ­ day of October 1971. paragraph 1 of section D in this respect. mental report. Upon receipt of the supple­ Because these amendments relate mental environmental report, the procedures For the Atomic Energy Commission. solely to correction and clarification, the set out in sections A.6-9 will be followed, except that comments will be requested, and W . B. M cC o o l, Commission has found that good cause must be received, within thirty (30) days Secretary of the Commission. ' exists for omitting notice of proposed from Federal agencies, State and local offi­ [FR Doc.71-16469 Filed 11-10-71; 8:48 am] rule making and public procedure cials, and interested persons on environ­ thereon as unnecessary. The Commission mental reports and draft detailed statements. has also found that since the amend­ If no comments are submitted within thirty PART 140— FINANCIAL PROTECTION (30) days by such agencies, officials, or per­ ments correct and clarify previous AND INDEMNITY AGREEMENTS amendments which have already become sons, it will be presumed that such agencies, officials, or persons have no comment to effective, good cause exists for making make. In any subsequent session of the hear­ Waivers of Defenses Endorsement the amendments effective without the ing held on the matters covered by this ap­ On May 6, 1971, the Atomic Energy customary 30 day notice. pendix, the provisions of sections A.10 and Commission published in the F ederal Accordingly, pursuant to the National 11 will apply to the extent pertinent. The Commission or the presiding Atomic Safety R egister proposed amendments to 10 Environmental Policy Act of 1969, the CFR Part 140, Financial Protection Re­ Atomic Energy Act of 1954, as amended, and Licensing Board, as appropriate, may prescribe the time within which the proceed­ quirements and Indemnity Agreements, and sections 552 and 553 of title 5 of the ing, or any portion thereof, will be completed. and a proposed endorsement to the facil­ United States Code, the following amend­ * * * * '* ity form of nuclear liability insurance ments to Title 10, Chapter I, Code of policy furnished as financial protection, Federal Regulations, Part 50, are pub­ 3. This paragraph applies to proceedings on an application for an operating license to clarify the waivers of defenses provi­ lished as a document subject to codifica­ for which a notice of opportunity for hear­ sions in the facility form and in the AEC tion to be effective upon publication in ing was issued prior to October 31, 1971, and indemnity agreement forms (36 FR the F ederal R egister (11-11-71). no hearing has been requested. In such pro­ 8451). Interested persons were invited In Appendix D, sections C.l, D.l, and ceedings an environmental report or a supple­ to submit written comments and sugges­ D.3 are amended to read as follows: ment to the environmental report, covering tions for consideration in connection with the matters described in sections A.l-4 to Appendix D—I nterim Statement op General the extent not previously covered, shall be the proposed amendments within 30 days P olicy and Procedure: I mplementation submitted. Upon receipt of the supplemental after publication of the notice of pro­ op the National Environmental Policy environmental report, the procedures set out posed rule making in the F ederal Reg­ Act op 1969 (P ublic Law 91-190) in sections A.6-9 will be followed, except ister. After consideration of the material * * * * * that comments will be requested, and must submitted in response to the notice of be received, within thirty (30) days from proposed rule making and other factors C. Procedures for review of certain con­ Federal agencies, State and local officials, and involved, the Commission has adopted struction permits for production or utiliza­ interested persons on environmental reports the amendments and approved the en­ tion facilities issued prior to January 1,1970, and draft detailed statements. If no com­ for which operating licenses or notice of op­ ments are submitted within thirty (30) days dorsement as proposed. The endorsement portunity for hearing on the operating license by such agencies, officials, or persons, it will to the facility form and the amendments applications have not been issued. 1. Each be presumed that such agencies, officials, or to the Commission indemnity agreement holder of a permit to construct a production persons have no comment to make. When forms clarify that a licensee’s workers or utilization facility of the type described the requirements of the pertinent provisions who are employed at an indemnified site in section A .l Issued prior to January 1, 1970, of paragraphs 1-9 of section A have been exclusively in connection with the con­ for which neither an operating license nor a met, the provisions of section B.3 will be struction of a nuclear reactor with re­ notice of opportunity for hearing on the op­ followed. If in such proceedings, the^equire- spect to which no operating license has erating license application had been issued ments of paragraphs 1-9 of section A have prior to October 31, 1971, shall submit the not as yet been met, the Commission may been issued by the Atomic Energy Com­ appropriate number of copies of an Environ­ issue a license authorizing the loading of mission, and who are not employed in mental report as specified in sections A .l-4 fuel in the reactor core and limited operation connection with the possession, storage, of this appendix as soon as possible, but no within the scope of § 50.57(a), upon a show­ use or transfer of nuclear material at the later than sixty (60) days after September 9, ing that such licensing action will not have facility, will maintain their rights under 1971, or such later date as may be approved a significant, adverse impact on the quality the waivers of defenses provisions of the by the Commission upon good cause shown. of the environment and upon making the facility form and of the indemnity agree­ If an environmental report had been sub­ appropriate findings on the matters specified ment. The waivers of defenses provisions mitted prior to September 9, 1971, a supple­ in § 50.57(a). In addition, the Commission in the event of an “ extraordinary nuclear ment to that report, covering the matters recognizes that there may be other circum­ described in sections A.l-4 to the extent not stances where, consistent with appropriate occurrence” are also intended to be avail­ previously covered, may be submitted in lieu regard for environmental values, limited able to an indemnified licensee’s em­ of a new environmental report. operation may be warranted during the pe­ ployees engaged at an indemnified loca- v

• • * * * riod of the ongoing NEPA environmental re­ tion in the construction of a follow-o

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 RULES AND REGULATIONS 21581 production or utilization facility (nuclear nuclear reactor, including all related equip­ with the activity where the extraordinary power reactor) for which no operating ment and installations at the facility, and nuclear occurrence takes place if: license has been issued. (2) No operating license has been Issued (1) The claimant is employed exclusively by the AEC with respect to the nuclear re­ in connection with the construction of a It is the intention of the insurers and actor, and nuclear reactor, including all related equip­ the Commission that claimants em­ (3) The claimant is not employed in con­ ment and installations at the facility, and ployed exclusively in connection with the nection with the possession, storage, use or (2) No operating license has been issued construction of a nuclear reactor include transfer of nuclear material at the facility. by the AEC with respect to the nuclear re­ those employees engaged in maintaining * * * * * actor, and a facility, the construction of which is 3. Section 140.93 is amended by adding (3) The claimant is not employed in con­ essentially complete in an appropriate nection with the possession, storage, use, a proviso at the end of subparagraph or transfer of nuclear material at the facility. state of readiness pending the receipt by 5(c) of Article EE to read as follows: the applicant of the operating license, ***** even though the maintenance duties in § 140.93 Appendix C— Form of indem­ (Secs. 161, 170, 68 Stat. 948, 71 Stat. 576; connection with the facility may not be nity agreement with licensees fur­ 80 Stat. 891; 42 U.S.C. 2201, 2210) full time. nishing proof of financial protection The insurers who provide nuclear lia­ in the form o f licensee’s resources. Dated at Germantown, Md., this 5th bility insurance, Nuclear Energy Liability ***** day of November 1971. Insurance Association and Mutual Provided, however, That with respect to an For the Atomic Energy Commission. Atomic Energy Liability Underwriters, extraordinary nuclear occurrence occurring have agreed to the addition of the clari­ at the facility, a claimant who Is employed F. T. Hobbs, fying endorsement to the forms of insur­ at the facility In connection with the con­ Acting Secretary of the Commission. struction of a nuclear reactor with respect ance policies issued by them. The amend­ [P R Doc.71-16455 Piled 11-10-71:8:47 am] to which no operating license has been Issued ments reflect that agreement»and corre­ by the Atomic Energy Commission shall not spondingly amend the Commission forms be considered as employed in connection of indemnity agreement. with the activity where the extraordinary Pursuant to the Atomic Energy Act of nuclear occurrence takes place if: Title 14— AERONAUTICS AND 1954, as amended, and sections 552 and (1) The claimant is employed exclusively 553 of title 5 of the United States Code, in connection with the construction of a the following amendments to 10 CFR nuclear reactor, including all related equip­ SPACE ment and installations at the facility, and Part 140 are published as a document Chapter I— Federal Aviation Adminis­ subject to codification, to be effective 30 (2) No operating license has been issued by the AEC with respect to the nuclear re­ tration, Department of Transportation days after publication in the F ederal actor, and Register. [Docket No. 11423; Arndt. 39-1333] (3) The claimant is not employed in con­ 1. Section 140.91 is amended by adding nection with the possession, storage, use or PART 39—-AIRWORTHINESS to the Waiver of Defenses Endorsement transfer of nuclear material at the facility. DIRECTIVES a new paragraph 6 to read as follows: * * * * * § 140.91 Appendix A— Form of nuclear 4. Section 140.94 is amended by adding Turbine Engine Powered Aircraft With energy liability policy for facilities. a proviso at the end of subparagraph Certain Type Batteries Installed ***** 5(c) of Article II to read as follows: Amendment 39-1302 (36 F.R. 19075), 6. It is agreed that In construing the ap­ AD 71-21-5 applies to turbine engine plication oi paragraph 2.(b) of the'Waiver § 140.94* Appendix D— Form o f indem­ of Defenses Endorsement (NE-33) with re­ nity agreement with Federal agencies. powered aircraft with a primary electri­ spect to an extraordinary nuclear occurrence * * * * * cal system equipped with a nickel-cad­ occurring at the facility, a claimant who is Provided, however, That with respect to an mium battery containing any polystyrene employed at the facility in connection with extraordinary nuclear occurrence occurring cell cases that is capable of being used to the construction of a nuclear reactor with at the facility, a claimant who is employed at start the aircraft’s engine or APU, ex­ respect to which no operating license has the facility in connection with the construc­ cept aircraft that have the charging rate been issued by the Atomic Energy Commis­ tion of a nuclear reactor with respect to of such a battery automatically con­ sion shall not be considered as employed which no operating license has been Issued in connection with the activity where the trolled as a function of battery tempera­ by the Atomic Energy Commission shall not ture and except Lear jet Models 23, 24, extraordinary nuclear occurrence takes place be considered as employed in connection if: with the activity where the extraordinary and 25 airplanes. It requires, in part, re­ (1) The claimant is employed exclusively nuclear occurrence takes place if: placement of the polystyrene cell cases, in connection with the construction of a (1) The claimant is employed exclusively or installation of a battery overtempera­ nuclear reactor, including all related equip­ in connection with the construction of a ture warning system, or installation of a ment and installations at the facility, and nuclear reactor, including all related equip­ battery temperature controlled battery (2) No operating license has been issued ment and installations at thè facility, and charging system. For batteries rated at 34 by the AEC with respect to the nuclear re­ actor, and (2) No operating license has been issued or more amp-hours, paragraph (d) of the by the AEC with respect to the nuclear AD requires the replacement or installa­ (3) The claimant is not employed in con- reactor, and tion to be accomplished within 1,500 (3) The claimant is not employed in con­ hours’ time in service, or before April 15, nection with the possession, storage, use or 1972, whichever occurs sooner. Subse­ 2. Section 140.92 is amended by add- transfer of nuclear material at the facility. quent to the issuance of the AD, the JQg a proviso at the end of subparagraph ***** FAA has determined that neither bat­ 5(c) of Article II to read as follows: 5. Section 140.95 is amended by adding teries or cells having nylon cases, nor § 140.92 Appendix B— Form o f indem- a proviso at the end of subparagraph replacement batteries that meet the re­ nJty; agreement with licensees fur­ 3(c) of article II to read as follows: quirements of the AD are available for nishing proof o f financial protection. batteries rated at 50 or more amp-hours. § 140.95 Appendix E— Form of indem­ ***** Based on further investigation of the nity agreement with nonprofit educa­ electrical systems of the aircraft in which Provided, however, That with respect to an tional institutions. these batteries are installed, the operat­ at f®frdinary nuclear occurrence occurring ***** at facility, a claimant who is employed ing loads placed on these batteries, and Provided, however, That with respect to an 8tni~M facility in connection with the oon- the service experience of operators with t o t ii°n a nucfeax reactor with respect extraordinary nuclear occurrence occurring bvTh*1 no <*»T*tlng license has been issued at the facility, a claimant who is employed these batteries, the FAA has determined bp ivy?, Atomic Energy Commission shall not at the facility in connection with the con­ that batteries rated at 50 or more amp- thpC .idered 85 employed in connection with activity where the extraordinary nuclear struction of a nuclear reactor with respect hours are less likely to overheat than occurrence takes place if: to which no operating license has been issued smaller batteries, and that the compli­ U) The claimant is employed exclusively by the Atomic Energy Commission shall not ance times for these batteries may be connection with the construction of a be considered as employed in connection safely extended. Therefore, the AD is

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21582 RULES AND REGULATIONS being amended to require, for these bat­ adopted without change and is set forth [Airspace Docket No. 71—CE-92] teries, compliance with the replacement below. PART 71— designation o f federal or installation provisions of the AD with­ This amendment shall be effective 0901 AIRWAYS, AREA LOW ROUTES, in 2,500 hours’ time in service, or before G.m.t., January 6,1972. December 31, 1972, whichever occurs CONTROLLED AIRSPACE, AND RE­ (Sec. 307(a), Federal Aviation Act of 1958 PORTING POINTS sooner. (49 U.S.C. 1348), sec. 6 (c ), Department of Since this amendment relieves a re­ .Transportation Act (49 U.S.C. 1655 (c ) ) Designation of Transition Area striction, and imposes no additional bur­ Issued in Kansas City, Mo., on Octo­ den on any person, notice and public pro­ On page 15452 of the F ederal R egister cedure hereon are unnecessary and the ber 27, 1971. dated August 14, 1971, the Federal Avia­ amendment may be made effective in less C hester: W . W e l l s , tion Administration published a notice Acting Director, of proposed rule making which would than 30 days. Central Region. In consideration of the foregoing, and amend § 71.181 of Part 71 of the Federal pursuant to the authority delegated to In § 71.181 (36 F.R. 2140), the follow­ Aviation regulations so as to designate me by the Administrator (14 CFR ing transition area is amended to read: a transition area at Gibson City, HI. § 11.89), § 39.13 of part 39 of the Federal Clintonville, Wis . Interested persons were given 45 days Aviation Regulations, Amendment 39- to submit written comments, sugges­ That airspace extending upward from 700 1302 (36 F.R. 19075), AD 71-21-5, is tions, or objections regarding the pro­ feet above the surface within a 9-mile radius posed arhendment. amended as follows: of the Clintonville Municipal Airport (lati­ 1. By amending paragraph (c) to read: tude 44°36'50'' N., longitude 88°43'52" W .). No objections have been received and the amendment as so proposed is hereby (c) Comply with paragraph (e) — [FR Doc.71-16437 Filed 11-10-71;8:45 am] adopted, subject to the following (1) For any battery rated at 33 or less change: amp-hours, within the next 500 hours’ time in service after the effective date of this AD, [Airspace Docket No. 71-CE-89] Line 6 of the Gibson City, 111., Munic­ ipal Airport transition area designation or before April 15', 1972, whichever occurs PART 71— DESIGNATION OF FEDERAL sooner. should be changed in part from (2) For any battery rated at 34 or more but AIRWAYS, AREA LOW ROUTES, “VORTAC 222° radial” to read less than 50 amp-hours, within the next 1,500 CONTROLLED AIRSPACE, AND RE­ “VORTAC 220° radial.” hours’ time in service after the effective date PORTING POINTS This amendment shall be effective 0901 of this AD, or before April 15,1972, whichever G.m.t., January 6,1972. occurs sooner. Alteration of Transition Area (Sec. 307(a), Federal Aviation Act of 1958, (3) For batteries rated at 50 or more amp- On page 15453 of the F ederal R eg ­ 49 U.S.C. 1348, sec. 6 (c), Department of hours, within the next 2,500 hours’ time in Transportation Act, 49 U.S.C. 1655(c)) service after the effective date of this AD, or is t e r dated August 14, 1971, the Federal before December 31, 1972, whichever occurs Aviation Administration published a Issued in Kansas City, Mo., on notice of proposed rule making which sooner., October 27,1971. would amend § 71.181 of Part 71 of the 2. By deleting paragraph (d ). Federal Aviation regulations so as to C h e s t e r W . W e lls, This amendment becomes effective No­ alter the transition area at Webster City, Acting Director, vember 16,197L Iowa. Central Region. This amendment is made under the Interested persons were given 45 days In § 71.181 (36 F.R. 2140), the follow­ authority of sections 313(a), 601, and to submit written comments, suggestions ing transition area is added: 603 of the Federal Aviation Act of 1958 or objections regarding the proposed (49 U.S.C. 1354(a), 1421, and 1423), and amendment. Gibson Cit y , III. of section 6(c) of the Department of No objections have been received and That airspace extending upward from 700 Transportation Act (49 U.S.C. 1655(c)). the proposed amendment is hereby feet above the surface within a 5-mile radius adopted without change and is set forth of the Gibson City Municipal Airport, lati­ Issued in Washington, D.C., on No­ below. tude 40°29'00" N.t longitude 88°16'00" W., vember 3,1971. and within 2 miles either side of the Roberts R. S. Sliff, This amendment shall be effective 0901 VORTAC 220° radial extending from the 5- Acting Director, G.m.t., January 6,1972. miift radius northeast to Roberts VORTAC. Flight Standards Service. (Sec. 307(a), Federal Aviation Act of 1958, [F R Doc.71-16439 Filed 11-10-71:8:46 am] 49 U.S.C. 1348, sec. 6(c), Department of [F E Doc.16447 Filed 11-10-71;8:46 am ] Transportation Act, 49 U.S.C. 1655(c)) Issued in Kansas City, Mo., on Octo­ [Airspace Docket No. 71-CE-93] I Airspace Docket No. 71-CE—83] ber 27, 1971. PART 71— DESIGNATION OF FEDERAL PART 71—DESIGNATION OF FEDERAL C h e st e r W. W e l l s , AIRWAYS, AREA LOW ROUTES, AIRWAYS, AREA LOW ROUTES, Acting Director, CONTROLLED AIRSPACE, AND RE­ CONTROLLED AIRSPACE, AND RE­ Central Region. PORTING POINTS PORTING POINTS In § 71.181 (36 FJEt. 2150), the follow­ Designation of Transition Area ing transition area is amended to read: Alteration of Transition Area On pages 15451 and 15452 of the Fed­ W ebster Cit y , I owa On page 15453 of the F ederal R eg ister eral R eg ister dated August 14,1971, tne That airspace extending upward from 700 Federal Aviation Administration puD' dated August 14, 1971, the Federal Avia­ feet above the surface within a 5% -mile tion Administration published a notice of lished a notice of proposed rule mamng radius of Webster City Municipal Airport which would amend § 71.181 of Part 71 o proposed rule making which would (latitude 42°26'15" N., longitude 93°52'15" amend § 71.181 of Part 71 of the Federal W.); and that airspace extending upward the Federal Aviation regulations so as w Aviation regulations so as to alter the from 1,200 feet above the surface within 4 % designate a transition area at Onton­ transition area at dintonville, Wis. miles southwest and 9% miles northeast of agon, Mich. the 157° and 337° bearings from Webster City Interested persons were given 45 days Interested persons were given 45 days Municipal Airport, extending from 6 miles to submit written comments, suggestions, to submit written comments, suggestions, northwest to 18% miles southeast of the air­ or objections regarding the proposed or objections regarding the proposed port, excluding the portions which overlie the amendment. Fort Dodge, Iowa, and Boone, Iowa, transi­ amendment. . No objections have been received ana No objections have been received and tion areas. Uv* proposed amendment is here y the proposed amendment is hereby [Fit Doc.71-16438 Filed 11-10-71;8:46 am ]

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 RULES AND REGULATIONS 21583

adopted without change and is set forth Issued in Kansas City, Mo., on Octo­ Interested persons were given 45 days below. ber 29, 1971. to submit written comments, suggestions, This amendment shall be effective 0901 or objections regarding the proposed C h e st e r W . W e l l s , G.m.t., January 6, 1972. amendment. Acting Director, No objections have been received and (Sec. 307(a), Federal Aviation Act of 1958, Central Region. 49 U.S.C. 1348, sec. 6 (c ), Department of the proposed amendment is hereby Transportation Act, 49 U.S.C. 1655(c)) In § 71.171 (36 F.R. 2055), the follow­ adopted without change and is set forth below. Issued in Kansas City, Mo., on October ing control zone is amended to read: This amendment shall be effective 0901 Du lu th , Mi n n . 27, 1971. G.m.t., January 6,1972. C h e st e r W . W e l l s , Within a 6.5-mile radius of Duluth Inter­ (Sec. 307(a), Federal Aviation Act of 1958, 49 national Airport (latitude 46°50'30" N., Acting Director, U.S.C. 1348, sec. 6 (c ), Department of Trans­ longitude 92°11'25'' W .); and within 3 miles Central Region. portation Act, 49 U.S.C. 1655(c) ) each side of the Duluth VORTAC 197° radial In § 71.181 (36 F.R. 2140), the follow­ extending from the 6.5-mile radius zone to Issued in Kansas City, Mo., on Octo­ ing transition area is added: 11 miles south of the VORTAC. ber 29, 1971. Ontonagon, Mic h . In § 71.181 (36 F.R. 2140), the follow­ C h e s t e r W . W e l l s , Acting Director, Central Region. That airspace extending upward from 700 ing transition areas are amended to read: feet above the surface within a 6-mile radius In § 71.181 (36 F.R. 2140), the follow­ of the Ontonagon County Airport (latitude Du lu th , Min n . ing transition area is added: •46°50'47" N., longitude 89°21'29" W .); and That airspace extending upward from 700 West Branch, Mic h . within 3 miles each side of a 042° bearing feet above the surface within a 9-mile radius from Ontonagon County Airport, extending of Duluth International Airport (latitude That airspace extending upward from 700 from the 6-mile-radius area to 7.5 miles 46°50'30'' N., longitude 92°11'25" W .); with­ feet above the surface within a 5%-mile northeast of the airport; and that airspace in a 17.5-mile radius of the Duluth Inter­ radius of West Branch Community Airport extending upward from 1,200 feet above the national Airport, extending from the Duluth (latitude 44°14'36" N., longitude 84°10'58" surface within 4% miles northwest and 9% VOR 262° radial clockwise to the Duluth W .); and within 3 miles each side of the 87° miles southeast of the 042° bearing from VOR 058° radial; within 4% miles north and bearing from West Branch Community Air­ Ontonagon County Airport, extending from 9% miles south of Duluth localizer west port, extending from the 5%-mile radius the airport to 18% miles northeast of the course, extending from 4 miles east to 18% area to 13 miles east of the airport. airport. miles west of the OM; and within 4% miles [F R Doc.71-16443 Filed 11-10-71;8:46 am ] [PR Doc.71-16440 Filed 11-10-71;8:46 am ] east and 9% miles west of the Duluth VORTAC 023° radial, extending from the 17.5- mile radius area to 28 miles northeast of the [Airspace Docket No. 71-CE-104] [Airspace Docket No. 71-CE-95] VORTAC; and that airspace extending up­ ward from 1,200 feet above the surface within PART 71— DESIGNATION OF FEDERAL PART 71— DESIGNATION OF FEDERAL a 35-mile radius of Duluth International AIRWAYS, AREA LOW ROUTES, AIRWAYS, AREA LOW ROUTES, Airport; within 8 miles northwest and 5 miles southeast of the Duluth VORTAC 051° CONTROLLED AIRSPACE, AND RE­ CONTROLLED AIRSPACE, AND RE­ radial, extending from the 35-mile radius PORTING POINTS PORTING POINTS area to 41 miles northeast of the VORTAC; and within 4% miles northwest and 9% Designation of Transition Area Alteration of Control Zone and miles southeast of the Duluth VORTAC 244° Transition Areas radial, extending from the 35-mile radius On pages 17654 and 17655 of the area to 41 miles southwest of the VORTAC; F ederal R e g ister dated September 3, On pages 17653 and 17654 of the F ed­ excluding the portions which overlie the 1971, the Federal Aviation Administra­ eral R egister dated September 3, 1971, Hibbing, Minn., and Cloquet, Minn., transi­ tion published a Notice of Proposed Rule the Federal Aviation Administration tion areas. Making which would amend § 71.181 of published a notice of proposed rule mak­ Cloquet, Mi n n . Part 71 of the Federal Aviation Regula­ ing which would amend §§ 71.171 and That airspace extending upward from 700 tions so as to designate a transition area 71.181 of Part 71 of the Federal Aviation feet above the surface within a 6%-mile at Charlevoix, Mich. radius of the Cloquet-Carlton County Air­ Regulations so as to alter the control Interested persons were given 45 days zone and transition area at Duluth, port (latitude 46°42'10'' N., longitude 92°30'20'' W.); within 3 miles each side of to submit written comments, sugges­ Minn., and alter the transition area at tions, or objections regarding the pro­ Cloquet, Minn. the 355° bearing from the Cloquet-Carlton County Airport extending from the 6%-mile posed amendment. Interested persons were given 45 days radius to 8 miles north of the airport; within No objections have been received and to submit written comments, suggestions, 3 miles each side of the 175° bearing from the amendment as so proposed is hereby or objections regarding the proposed the Cloquet-Carlton County Airport extend­ adopted, subject to the following change: amendments. ing from the 6%-mile radius area to 8 miles No objections have been received and south of the airport. (1) Add the following to the Charle­ voix, Mich., Municipal Airport, transi­ the amendments as so proposed are [FR Doc.71-16441 Filed 11-10-71;8:46 am] hereby adopted, subject to the following tion area designation “excluding the por­ changes: tion which overlies the Pellston, Mich., (1) Line 5 of the Duluth, Minn., In ­ [Airspace Docket No. 71-CE-101] transition area.” . ternational Airport control zone altera­ (2) The coordinates recited in the pa rt 71— DESIGNATION OF FEDERAL tion recited as “extending from the Charlevoix, Mich., Municipal Airport, 5-mile radius zone to” should be changed AIRWAYS, AREA LOW ROUTES, transition area designation as “latitude to read “ extending from the 6.5-mile CONTROLLED AIRSPACE, AND RE­ 45° 18'15" N., longitude 85°16'00" W .” radius zone to” . PORTING POINTS are changed to read “ latitude 45°18'17" (2) Line 13 of the Duluth, Minn., In­ Designation of Transition Area N., longitude 85°16'08" W.” . ternational Airport transition area al­ This amendment shall be effective teration recited as “ VORTAC 023° radial, On page 17654 of the F ederal R egis­ 0901 G.m.t., January 6, 1972. extending from the 15-” should be ter dated September 3,1971, the Federal (Sec. 307(a), Federal Aviation Act of 1958, changed to read “ VORTAC 023° radial, Aviation Administration published a extending from the 17.5-.” 49 U.S.C. 1348, sec. 6 (c ), Department of Notice of Proposed Rule Making which Transportation Act, 49 U.S.C. 1655(c)) These amendments shall be effective 0901 G.m.t., January 6, 1972. would amend § 71.181 of Part 71 of the Issued in Kansas City, Mo., on Octo­ Federal Aviation Regulations so as to (Sec. 307(a), Federal Aviation Act of 1958 ber 29,1971. r? tJ.S.C. 1348, sec. 6 (c ), Department o: designate a transition area at West C h e st e r W . W e l l s , transportation Act, 49 U.S.C. 1655(c)) Branch, Mich. Acting Director, Central Region.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21584 RULES AND REGULATIONS

In § 71.181 (36 P.R. 2140), the follow­ [Airspace Docket No. 71-CE-109] nated in this rule. Interested persons ing transition area is added: PART 71 — DESIGNATION OF FEDERAL were afforded an opportunity to partici­ Charlevoix, Mic h . pate in the proposed rule making through AIRWAYS, AREA LOW ROUTES, the submission of comments. No adverse That airspace extending upward from 700 CONTROLLED AIRSPACE, AND RE­ comments have been received to these six feet above the surface within a 5*4-mile radius of Charlevoix Municipal Airport (lati­ PORTING POINTS routes. tude 45°18'17" N., longitude 85916'08" W .) Subsequent to the publication of the and within 3 miles each side of the 270* Alteration of Transition Area notice, it has been determined that ad­ bearing from Charlevoix Municipal Airport, The purpose of this amendment to Part justment of routes and waypoint loca­ extending from the 5y2-mile-radius area to 71 of the Federal Aviation regulations is tions is necessary for them to be 8 miles west of the airport, and within 3 to amend the Pratt, Kans., transition compatible with terminal procedures and miles each side of the 69° bearing from waypoints on other routes. Since these Charlevoix Municipal Airport, extending area. from the 5y2 -mile-radius area to 8 miles east With the relocation of the Pratt, Kans., changes are minor in nature and no sub­ of the airport; that airspace extending up­ nondirectional beacon it is necessary to stantive change in the regulation is ward from 1,200 feet above the surface within make a minor adjustment to the Pratt effected, notice and public procedure 4 y2 miles south and 9 y2. miles north of the transition area description so that ade­ thereon are unnecessary. 270° and 90° bearings from Charlevoix quate airspace protection will continue to In consideration of the foregoing, Part Municipal Airport, extending from the air­ be provided aircraft executing instru­ 75 of the Federal Aviation regulations is port to 18 y2 miles west and 6 miles east of the amended, effective 0901 G m.t., Janu­ airport, and within 4 y2 miles south and 9 y2 ment approaches at the Pratt Municipal miles north of the 69° and 2499 bearings Airport. Action is taken herein to reflect ary 6, 1972, as hereinafter set forth. from Charlevoix Municipal Airport, extend­ this change. In $ 75.400 (36 F.R. 2370) the following ing from the airport to 18 y2 miles east and Since this alteration is minor in na­ , area high route is added: 6 miles west of the airport, excluding the por­ ture, notice and public procedure hereon tion which overlies the Pellston, Mich., are neither necessary nor practicable* Route Waypoint Latitude- Reference transition area. In consideration of the foregoing, Part No. name longitude facility [F R Doc.71-16443 Filed 11-10-71;8:46 am] 71 of the Federal Aviation regulations is amended effective January 6, 1972, as J982R Los Angeles, Calif, to K ansas Cfty, Mo. hereinafter set forth: [Airspace Docket No. 71-CE-105] Parker, 34°06'07'7114o40,53" Needles, Calif. Calif. In § 71.181 (36 F.R. 2140), the follow­ Prescott, 34°42,09"/112°28'46" Phoenix, PART 71— DESIGNATION OF FEDERAL ing transition area is amended to read: Ariz. Ariz. Two Wells, 35o13,59"/108°47,53" St. Johns, AIRWAYS, AREA LOW ROUTES, P ratt, K ans. N. Mex. Ariz. CONTROLLED AIRSPACE, AND RE­ Torreon, 35°41'34"/107°03,49" Albuquerque, That airspace extending upward from 700 N. Mex. N. Mex. PORTING POINTS feet above the surface within a 6.5 mile Springer, 36915'07,7104°46'52" Las Vegas, radius of the Pratt Municipal Airport (lati­ N. Mex. N. Mex. Designation of Transition Area Larrabee, 37°10'46'7100°29,50" Garden City, tude 37°42'13" N., longitude 98*44'47" W .); Kans. Kans. and within 3 miles each side of the 360° bear­ On page 17655 of the F ederal R egister Wichita, 37°43'40"/97o27'll" Ponca City, ing from the Pratt nondirectional beacon Kans. Okla. dated September 3, 1971, the Federal (NDB), extending from the 6.5 mile radius Factory, 38°57'48'795°05'22" Salina, Kans. Aviation Administration published a area to 8 miles north of the NDB; and that Kans. notice of proposed rule making which airspace extending upward from 1,200 feet (Sec. 307 (a ) , Federal Aviation Act of 1958, would amend § 71.181 of Part 71 of the above the surface within 4.5 miles east and 9.5 miles west of the 360° bearing from the 49 U.S.C. 1348(a), sec. 6 (c), Department of Federal Aviation Regulations so as to NDB; extending from the NDB to 18.5 miles Transportation Act, 49 U.S.C. 1655(c) ) designate a transition area at Woods- north of the NDB, and within 5 miles each Issued in Washington, D.C., on No­ field, Ohio. side of the 2569 bearing from the NDB, ex­ tending from the NDB to 8 miles west. vember 4, 1971. Interested persons were given 45 days T. M cC ormack, (Sec. 307(a), Federal Aviation Act of 1958, to submit written comments, suggestions Acting Chief, Airspace and 49 U.S.C. 1348, sec. 6 (c ), Department of Air Traffic Rules Division. or objections regarding the proposed Transportation Act, 49 U.S.C. 1655(c)) [F R Doc.71-16448 Filed 11-10-71;8:46 am] amendment. Issued in Kansas City, Mo., on Octo­ No objections have been received and ber 27, 1971. the proposed amendment is hereby [Airspace Docket No. 71-WA-3A] C hester W . W ells, adopted without change and is set forth Acting Director, PART 75— ESTABLISHMENT OF JET below. Central Region. ROUTES AND AREA HIGH ROUTES This amendment shall be effective 0901 [FR Doc.71-16445 Filed 11-10-71:8:46 am] Designation of Area High Routes G.m.t., January 6,1972. On March 4, 1971, a notice of pro­ (Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348, sec. 6 (c ), Department of [Airspace Docket No. 71-WA-20] posed rule making was published in the • Transportation Act, 49 U.S.C. 1655 (c ) ) PART 75— ESTABLISHMENT OF JET F ederal R egister (36 F.R. 4299) stating that the Federal Aviation Administra­ Issued in Kansas City, Mo., on October ROUTES AND AREA HIGH ROUTES tion (FAA) was considering an amend­ 29, 1971. ment to Part 75 of the Federal Aviation C hester W . W ells, Designation of Area High Routes Regulations that would designate 22 Acting Director, Central Region. On June 5, 1971, a notice of proposed area high routes in the western and In § 71.181 (36 F.R. 2140), the follow­ rule making was published in the F ed­ southwestern United States. ing transition area is added: eral R egister (36 F.R. 10984) stating On August 21, 1971, a rule was pub­ that the Federal Aviation Administration lished in the F ederal R egister (36 Fit. W oodsfield, Ohio was considering an amendment to Part 16506) stating that five of the area high That airspace extending upward from 700 75 of the Federal Aviation regulations routes (J901R, J902R, J903R, J904R, ana feet above the surface within a 5.5-mile that would designate six area high routes J912R) would be effective October H, radius of the Monroe County Airport (lati­ in the United States. 1971. Five additional routes—J90W, tude 39946'4S" N., longitude 81°06'15" W .). One of the six routes has been success­ J909R, J911R, J914R, and J917R—have [F R Doc.71-16444 Filed 11-10-71;8:46 am] fully flight inspected and is being desig­ been successfully flight inspected ana

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER IT , 1971 RULES AND REGULATIONS 21585 are being designated in this rule. Inter­ L o c a t io n In § 75.400 (36 F.R. 2370) the following ested persons were afforded an oppor­ area high routes are added: N. Lat./W. Long. Reference tunity to participate in the proposed o c a t io n Waypoint name (In degrees, minutes facility L rule making through the submission of and seconds) comments. No adverse comments have N. Lat./W. Long. been received to these five routes. The J909R DENVER, COLO., TO SAN FRANCISCO, CALIF. Waypoint name (In degrees, minutes Reference ATA commented that the segment of Golden, Colo...... 39 48 15/105 04 06 Denver, Colo. and seconds) facility Hog Back, Colo... 39 4123/107 53 25 Meeker, Colo. J907R proposed betwen Port Stockton, Hlfl Creek, Utah.. 39 33 51/109 58 03 Myton, Utah. Tex., and San Simon, Ariz., would be 3 Nefoo, Utah...... 39 16 43/111 38 27 Fairfield, Utah. 793SR TUCSON, ARIZ. TO ALBUQUERQUE, N. MEX. milp-s farther than J2 via El Paso, Tex. Grafton, Nev...... 38 43 06/114 32 58 Wilson Creek, Willcox, Ariz...... 32 23 21/109 50 08 San Simon, Nev. Ariz. That statement is correct; however, Coaldale, Nev...... 38 00 12/117 46 10 Coaldale, Nev. Jewett, N. Mex.__ 33 46 00/108 18 15 St. Johns, Ariz. J907R was purposely aligned north of J911R PORTLAND, OREG., TO DENVER, COLO. Albuquerque, 35 02 38/106 48 57 Albuquerque, El Paso to provide a parallel routing Sherwood, Oreg__ 45 21 05/122 59 00 Portland, N. Mex. N. Mex. Oreg. laterally separated from J2. The ATA I939R CHICAGO, ILL. TO SEATTLE, WASH. Dayville, Oreg___ 44 35 59/119 26 41 Pendleton, suggested further that the parallel rout­ Oreg. O’Hare, 111...... 41 59 16/87 54 17 Joliet, 111. ing could be established and the mileage Horseshoe, Idaho.. 43 46 40/116 08 13 Boise, Idaho Elberon, Iowa____ 42 00 53/92 15 40 Dubuque, McCammon, 42 38 23/112 12 05 Malad City, Iowa. decreased as well by alignment of J907R Idaho. Idaho. Corwith, Iowa___ 42 58 37/93 54 48 Fort Dodge, in part from Houston, Tex., via great Rock Springs, 41 35 25/109 00 53 Rock Springs, Iowa. Wyo. Wyo. Heidy.M inn...... 44 07 06/96 00 04 Sioux Falls, circle course to Gila Bend, Ariz. Such S. Dak. alignment would conflict with Intensive J914R DALLAS, TEX., TONEW ORLEANS, LA. Turtle Creek, 44 45 05/98 39 52 Aberdeen, Greater Sputhwest, 32 49 10/97 02 28 Greater South- S. Dak. S. Dak. Student Jet Training Areas (ISJTAs) at Tex. west, Tex. Reva, S. Dak...... 45 39 50/103 12 58 Dickinson, Webb APB, Tex., and Williams AFB, Tenaha, Tex.r___ 31 52 49/94 14 33 Shreveport, N. Dak. La. Klein, Mont...... 46 27 51/108 26 58 Billings, Mont. Ariz. Alexandria, La___ 31 15 23/92 30 02 Alexandria, Hotter, Mont...... 46 51 21/111 54 03 Helena, Mont. The PAA is progressing toward inte­ La. Avery, Idaho...... 47 10 06/115 41 12 Mullan Pass, gration of activities within ISJTAs so New Orleans, L a.. 30 01 47/90 10 20 New Orleans, Idaho. La. Amber, Wash...... 47 17 02/117 39 24 Spokane, that en route aircraft may transit an Wash. ISJTA while it is being used for inten­ J917R SAN FRANCISCO, CALIF., TO PHOENIX, ARIZ. Seattle, Wash...... 47 26 08/122 18 30 Seattle, Wash. Logan, Calif...... 36 59 13/121 43 57 Fresno, Calif. sive student jet training. However, at Easton, Calif_____ 36 45 17/119 49 48 Fresno, Calif. this time, more frequent use can be made Wild Rose, Calif— 39 19 37/116 51 41 Beatty, Nev. (Sec. 307(a), Federal Aviation Act of 1958, of J907R if it is aligned so as to avoid Boulder City, 35 59 45/114 51 46 Needles, Calif. U.S.C. 1348(a); sec. 6 (c ), Department of Nev. _ . the ISJTAs at Webb AFB and Williams Sycamore, Ariz___ 34 37 25/112 55 26 Needles, Calif. Transportation Act, 49 U.S.C. 1655(c)) APB. Phoenix, Ariz____ 33 25 53/111 53 17 Gila Bend, Ariz. Issued in Washington, D.C., on Novem­ The remaining routes listed in Airspace ber 2, 1971. Docket No. 71-WA-3 will be issued in a (Sec. 307(a), Federal Aviation Act of 1958, 49 E dward J. M alo, final rule as soon as a successful flight U.S.C. 1348(a); sec. 6 (c ), Department of Acting Chief. Airspace and inspection is performed. Transportation Act, 49 U.S.C. 1655(c)) Air Traffic Rules Division. Waypoints have been refined in J911R, J914R, and J917R to more pre­ Issued in Washington, D.C., on No­ [FR Doc.71-16325 Filed 11-10-71;8:45 am] cisely define the routes described in the vember 1, 1971. T. M cC ormack, notice of proposed rule making or to [Airspace Docket No. 71-W A-9A] improve navigational service. Since Acting Chief, Airspace and these refinements are minor in nature Air Traffic Rules Division. PART 75— ESTABLISHMENT OF JET and no substantive change in the regu­ [FR Doc.71-16324 Filed 11-10-71;8:45 am] ROUTES AND AREA HIGH ROUTES lation is effected, notice and public pro­ cedure thereon are unnecessary, and Designation of Area High Routes [Airspace Docket No. 71-W A-8] good cause exists for making this On March 12, 1971, a notice of pro­ amendment effective on less than 30 PART 75— ESTABLISHMENT OF JET posed rule making was published in the days notice. ROUTES, AND AREA HIGH ROUTES F ederal R egister (36 F.R. 4791) stating In consideration of the foregoing; that the Federal Aviation Administra­ Part 75 o f the Federal Aviation Regula­ Designation of Area High Routes tion (FAA) was considering an amend­ tions is amended, effective 0901 G.m.t., On March 12, 1971, a notice of pro­ ment to Part 75 of the Federal Aviation January 6, 1972, as hereinafter set forth. Regulations that would designate 23 area posed rule making was published in the In § 75.400 (36 PJR. 2370) the follow­ high routes as part of the overall pro­ F ederal R egister (36 F.R. 4790) stating ing area high routes are added: gram to establish an area navigation that the Federal Aviation Administration route structure. L o c a t io n (FAA) was considering an amendment to Part 75 of the Federal Aviation Reg­ Recently, two of the proposed routes _ N. Lat./W. Long. Reference ulations that would designate area high were designated in a rule. Additional pro­ Waypoint name (In degrees, minutes facility posed routes J865R, J874R, J875R, and and seconds) routes in the United States. Two of the 22 proposed routes, J935R J876R have now been successfully flight and J939R, have been successfully flight inspected and are being designated in J907R HOUSTON, TEX., TO LOS ANGELES, CALIF. inspected and are being designated in this rule. Interested persons were a f­ Humble, Tex...... 29 57 24/95 20 44 Houston, Tex. forded an opportunity to participate in Austin, Tex...... 30 23 11/97 41 56 San Antonio, this rule. Interested persons were af­ Tex. forded an opportunity to participate in the proposed rule making through the Junction, Tex..... 30 35 52/99 49 02 San Angelo, submission of comments. No adverse Tex. the proposed rule making through the F°rt Stockton, 30 57 07/102 58 31 Wink,Tex. submission of comments. All comments comments were received to the four routes. Toyah Tex...... 31 31 23/104 03 00 Wink, Tex. received were favorable. The remaining urgan, N. Mex___ 32 14 48/106 52 20 Truth or routes listed in Airspace Docket No. 71— Reference facilities were changed for Conse­ three waypoints on J865R, and for one quences, N. WA-8 will be issued in a rule as soon as a Mex. successful flight inspection is performed. waypoint each on J874R and J875R. Willcox, Ariz_____ 32 23 21/109 50 08 San Simon, These changes were made to improve Ariz. In consideration of the foregoing, Part Ariz------32 46 04/111 37 04 Phoenix, Ariz. 75 of the Federal Aviation Regulations is signal coverage on the routes. Also, Aoia, Ariz— ;...... 33 30 68/113 53 17 Yuma, Ariz. amended, effective 0901 Gjn.t., Janu­ small latitude/longitude changes were Seaumont, Calif 34 05 40/116 44 17 Thermal, Calif. ary 6,1972, as hereinafter set forth. made to the third waypoint on J865R to

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 No. 218— P t.l- 21586 RULES AND REGULATIONS make it coincident with a waypoint pres­ the Acton, Tex., VORTAC to be more mately 15 miles short of the proposed off­ ently charted. A small route alignment compatible with the Dallas, Tex., termi­ shore terminal described. The ATA sug­ was made to J876R to effect better serv­ nal procedures. Since this alteration is gestion that the intermediate waypoints ice. Both of these realignments are minor minor in nature and no substantive be eliminated in J850R, for chart and in nature. change in the regulation is effected, navigation simplification, has been Remaining routes in Airspace Docket notice and public procedure thereon are adopted in this rule. As these changes are No. 71-WA-9 will be issued in one or unnecessary., minor in nature, and do not alter the more final rules soon after flight inspec­ Irt consideration of the foregoing, Part alignment of the route nor change the tion has been completed. 75 of the Federal Aviation Regulations is operational procedures for the control of In consideration of the foregoing, Part amended, effective 0901 G.m.t„ January 6, air traffic, notice and public procedure 75 of the Federal Aviation Regulations is 1972, as hereinafter set forth. are deemed unnecessary and these amended, effective 0901 G.m.t., Janu­ In § 75.400 (36 F.R. 2370) the following changes are incorporated in this rule. ary 6,1972, as hereinafter set forth. area high routes are added: In consideration of the foregoing, Part

In § 75.400 (36 F.R .2370) the following L o c a t io n 75 of the Federal Aviation Regulations is area high routes are added: amended, effective 0901 G.m.t„ Janu­

L o c a t io n N. Lat./W. Long. Reference ary 6, 1972, as hereinafter set forth. Waypoint name (in degrees, minutes facility In § 75.400 (36 F.R. 2370) the following N. Lat./W. Long. Reference and seconds) area high routes are added: Waypoint name (In degrees, minutes, facility and seconds) J933R DALLAS, TEX., TO LOS ANGELES, CALIF. L o c a t io n Greater South- 32 49 10/97 02 28 Greater South- J865R (WASHINGTON, D.C., TO CHICAGO, ILL.) T oy w p ct T p y Wichita Falls, 33 59 14/98 35 35 Wichita Fall's, N. Lat./W. Long. Reference Martinsburg, W. 39 23 08/77 50 55 Philipsburg, Tex. Tex. Waypoint Name (In degrees, minutes Facility Va. Pa. Texico, Tex...... 34 29 42/102 50 21 Texico, Tex. and seconds) Balsam, Ohio___ . 40 29 20/81 04 05 Appleton, Vaughn, N. Mex... 34 37 10/105 12 02 Las Vegas, N. Ohio Mex. Shiloh, Ohio____ 40 57 44/82 30 16 Appleton, Terrace, Ariz...... 34 43 28/109 08 57 Gallup, N. J850R LOS ANGELES, CALIF. TO SAN FRANCISCO, CALIF. Ohio Mex. Ventura, Calif.___ 34 06 54/119 02 55 Bakersfield, Plant, 111...... 41 37 29/87 15 57 Lafayette, Manila, Ariz...... 34 48 42/110 48 56 Gallup, N. Calif. Ind. * Mex. Piers, Calif...... 36 34 28/121 55 13 Fresno, Calif. J874R (MEMPHIS, TENN., TO ATLANTA, GA.) Drake, Ariz...... 34 56 54/112 32 15 Prescott, Ariz. J853B LOS ANGELES, CALIF. TO PHOENIX, ARIZ. Whitehaven, 35 03 00/89 59 00 Greenwood, Morrow, Calif..... 34 02 51/117 14 54' Oceanside, Seal Beach, Calif.. 33 47 05/118 03 03 Oceanside, Tenn. Miss. Calif. Calif. Rockmart, Ga__ _ 34 16 03/85 05 51 Birmingham, Kofa, Ariz...... 33 30 58/113 53 17 Yuma, Ariz. Ala. , J976R DALLAS, TEX., TO EL PASO, TEX. Phoenix, Ariz.___ 33 25 53/111 53 17 Gila Bend, Acton, Tex...... 32 26 04/97 39 49 Waco, Tex. Ariz. J875R (ATLANTA, GA., TO MEMPHIS , TENN.) Maryneal, Tex____ 32 17 42/100 31 47 San Angelo, J861R EL PASO, TEX. TO LOS ANGELES, CALIF. Bremen, Ga...... 33 39 32/85 12 55 Montgomery, Tex. Ala. Jal, N. Mex...... 32 06 49/103 06 09 Fort Stockton, El Paso, Tex...... 31 48 57/106 16 52 El Paso, Tex. Birmingham, 33 40 12/86 53 59 Montgomery, Tex. Willcox, Ariz...... 32 23 21/109 50 08 San Simon, Ala. Ala. El Paso, Tex...... 31 48 57/106 16 52 El Paso, Tex. Ariz. Red Banks, Miss. . 34 46 20/89 29 51 Memphis, Elroy, Ariz______32 46 04/111 37 04 Phoenix, Ariz. Tenn. Kofa, Ariz...... 33 30 58/113 53 17 Yuma, Ariz. (Sec. 307(a), Federal Aviation Act of 1958, Beaumont, Calif.. 34 05 40/116 44 17 Thermal, J876R (ATLANTA, GA., TO SAVANNAH, GA.) 49 U.S.C. 1348(a); sec. 6(c), Department of Calif. Social Circle, Ga. . 33 37 10/83 36 42 Augusta, Ga. Transportation Act, 49 U.S.C. 1655(c)) Springfield, Ga... . 32 29 07/81 21 16 Augusta, Ga. (Sec. 307(a) Federal Aviation Act of 1958, 49 Issued in Washington, D.C., on No­ U.S.C. 1348(a); sec. 6 (c ), Department of Transportation Act, 49 U.S.C. 1655(c)) (Sec. 307(a), Federal Aviation Act of 1958, 49 vember 2, 1971. U.S.C. 1348(a); sec. 6 (c), Department of - T . M cC o r m a c k , Issued in Washington, D.C., on No­ Acting Chief, Airspace and Transportation Act, 49 U.S.C. 1655(c)) vember 2, 1971. Air Traffic Rules Division. Issued in Washington, D.C., on Novem­ E dw ar d J. M a lo , [FR Doc.71-16327 Filed 11-10-71;8:45 am] ber 1, 1971. Acting Chief, Airspace and T. M cC o r m a c k , Air Traffic Rules Division. Acting Chief, Airspace and [Airspace Docket No. 70-WA-43A] Air Traffic Rules Division. [FR Doc.71-16328 Filed 11-10-71;8:45 am] PART 75— ESTABLISHMENT OF JET [FR Doc.71-16326 Filed ll-10r-71;8:45 am] ROUTES AND AREA HIGH ROUTES

[Airspace Docket No. 71—WA—16] Designation of Area High Routes Title 16— COMMERCIAL PART 75— ESTABLISHMENT OF JET On February 3, 1970, a notice of pro­ posed rule making was published in the PRACTICES ROUTES, AND AREA HIGH ROUTES F ederal R egister (36 F.R. 1912) stating Chapter I— Federal Trade Designation of Area High Routes that the Federal Aviation Administration Commission (FAA) was considering an amendment On May 21, 1971, a notice of proposed to Part 75 of the Federal Aviation Regu­ [Docket No. 8729 o.] rule making was published in the F ederal lations that would designate 10 area PART 13— PROHIBITED TRADE R egister (36 F.R. 9258) stating that the high routes in the western United States PRACTICES Federal Aviation Administration was as part of the overall program to es­ considering an amendment to Part 75 of tablish an area navigation route struc­ School Services, Inc., et al. the Federal Aviation Regulations that ture. would designate area high routes in the Three of the proposed routes, J850R, Subpart—Advertising falsely or mis- United States. J853R and J861R, have been successfully tdingly: § 13.15 Business status, ad- 13.15-70 Fi- Two of the 11 routes, J933R and J975R, flight inspected and are being designated ntages, or connections: have been successfully flight inspected in this rule. Interested persons were af­ ncing activities; 13.15-80 Govern- and are being designated in this rule, in ­ forded an opportunity to participate in ;nt connection; § 13.85 Gouern- >nt approval, action, connection or terested persons were afforded an oppor­ the proposed rule making through the tunity to participate in the proposed rule submission of comments. All comments mdards; § 13.115 Jobs and em^ ' making through the submission of com­ mt service. Subpart—Misrepresenting received were favorable. eself and goods—Business status, ¡Mi­ ments. All comments received were Subsequent to issuance of the notice, ntages or connections: § 13.1417 t “ favorable. the terminal procedures in the San ncing activities; § 13.1425 Govern- Subsequent to the publication of the Francisco/Oakland area were revised. To notice, it was determined that the eastern be more compatible with the revised pro­ mt connection; § 13.1632 Governm terminal of J975R should be located at cedures, J850R is terminated approxi­ dorsement or recommendation,

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 RULES AND REGULATIONS 21587

§ 13.1670 Jobs and employment. Sub­ spondents are in any way connected with part—Securing signatures wrongfully: a governmental or nonprofit organiza­ Title 21— FOQD AND DRUGS tion, or that any of respondents’ schools § 13,2175 Securing signatures wrong­ Chapter I— Food and Drug Adminis­ fully. or any course offered by any such schools have been approved by any government tration, Department of Health, Ed­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Inter­ prets or applies sec. 5, 38 Stat. 719, as agency or nonprofit organization.- ucation, and Welfare 3. Representing, directly or by impli­ amended; 15 U.S.C. 45) [Cease and desist SUBCHAPTER A— GENERAL order, School Services, Inc., et al., Wash­ cation, that respondents or any of them ington, D.C., Docket No. 8729, Oct. 4, 1971] offer courses of instruction which qualify PART 3— STATEMENTS OF GENERAL students to be airline stewardesses, and In the Matter of School Services, Inc., POLICY OR INTERPRETATION misrepresenting, directly or by implica­ a Corporation, and Cinderella Career Use of Secondhand Crates and Bags and Finishing Schools, Inc., a Cor­ tion, that respondents or any of them poration, and Stephen Corp., a Cor­ offer courses of instruction which for Shipment and Storage of Food poration Trading as Cinderella Ca­ qualify students to be buyers for retail and Animal Feed stores. reer College and Finishing School, Section 3.61 (21 CFR 3.61) established and Vincent Melzac, Individually 4. Representing, directly or by impli­ in the F ederal R eg ister of April 11,1968 and as an Officer of School Services, cation, that respondents or any of them find jobs for almost all of their students (33 F.R. 5617), regards as adulterated Inc., and as Controlling Stockholder within the meaning of section 402(a) of of Respondents Cinderella Career or graduates, or otherwise misrepresent­ ing the availability of jobs through any the Federal Food, Drugv and Cosmetic and Finishing Schools, Inc., and Act, shipments of vegetables or other Stephen Corp. job placement service, or through re­ spondents’ contacts in the business edible foods in used crates or containers Upon remand by the U.S. Court of Ap­ world. that may render the contents injurious peals, District of Columbia Circuit, 425 5. Using any false inducements or rep­ to health. P. 2d 583, and in view of the change in resentations to obtain enrollees for any Similar practices have come to the at­ the composition of the Commission, an of respondents’ courses or to obtain the tention of the Commissioner of Food and oral reargument was ordered. The re­ signature of any such enrollee on docu­ Drugs in which bags, previously used for spondents, operators of a Washington, ments which obligate any such enrollee the shipment or storage of poisonous D.C., trade school and the school’s fran­ to expend or pay any money. substances such as pesticide-treated chisees, were ordered to cease misrepre­ 6. Entering into any agreement or ar­ seeds, were reused to ship or store food or senting that they extend loans to .stu­ rangement with any franchisee or estab­ animal feed. These practices have caused dents, that the schools have any relation lishing any franchise unless such fran­ the contents of the reused bags to be­ with the government, that the offered chisee is furnished with a copy of the come contaminated. In one instance, courses qualify students as airline stew­ order herein and instructed in writing contamination was extended to the milk ardesses or buyers for retail stores, that that a condition of his franchise is the supply because a dairy herd was given respondents find jobs for students, using refraining from engaging in any of the feed from bags previously used to ship false inducements to obligate enrollees to acts prohibited by the within order. pesticide-treated seeds. pay money, and failing to furnish any It is further ordered, That the com­ The Commissioner calls attention to franchisee with a copy of this order. The plaint against School Services, Inc., the applicability of the Federal Food, existing order against School Services, a corporation, be, and it hereby is, Drug, and Cosmetic Act to the contami­ Inc., 33 P.R. 17852, is dismissed, and the dismissed. nation of food and animal feed by such motion of Vincent Melzac to dismiss I t is further ordered, That the allega­ reused containers. Accordingly, pursuant complaint is denied. tions contained in paragraph 5, subpara­ to provisions of the Federal Food, Drug, The order to cease and desist, includ­ graphs 3, 7, 8 and 9, and paragraph 7, and Cosmetic Act (secs. 402(a), 701(a), ing further order requiring report of subparagraph 2 of the complaint be, and 52 Stat. 1046, as amended, 1055; 21 U.S.C. compliance therewith, is as follows: they hereby are, dismissed. 342(a), 371 (a) ) and under authority del­ It is ordered, That respondents Cin­ I t is further ordered, That respond­ egated to the Commissioner (21 CFR derella Career and Finishing Schools, ents’ request to file a supplemental brief 2.120), § 3.61 is revised to read as Inc., a corporation, and Stephen Corp., be, and it hereby is, denied. follows: a corporation trading as Cinderella I t is further ordered, That respond­ § 3.61 Use o f secondhand containers for Career College and Finishing School, or ent Vincent Melzac’s motion to dismiss under any other name, and their officers, the shipment or storage o f food and the complaint be, and it hereby is, animal feed. and Vincent Melzac, individually and as denied. (a) Investigations by the Food and an officer or controlling stockholder of I t is further ordered, That respond­ Drug Administration, the National Com­ the aforesaid corporations, and said ents Cinderella Career and Finishing respondents’ agents, representatives and municable Disease Center of the U.S. Schools, Inc., a corporation, and Stephen Public Health Service, the Consumer and employees, directly or through any cor­ Corp., a corporation trading as Cinderella porate or other device, in connection with Marketing Service of the U.S. Depart­ Career College and Finishing School, and ment of Agriculture, and by various State the advertising, offering for sale, sale, or Vincent Melzac shall, within sixty (60) distribution of courses of instruction or public health .agencies have revealed days after service upon them of this practices whereby food and animal feed any other service or product in com­ order, file with the Commission a report merce, as “commerce” is defined in the stored or shipped in secondhand con­ in writing, setting forth in detail the tainers have been rendered dangerous to Federal Trade Commission Act, do forth­ manner and form in which they have with cease and desist from: health. Such contamination has been complied with the order to cease and the result of the original use of these 1. Representing, directly or by impli­desist set forth herein. cation, that they or any of them extend containers for the storage and shipment loans to students when in fact only Issued: October 4, 1971. of articles containing or bearing disease credit is extended to an enrollee through By the Commission, Commissioner organisms or poisonous or deleterious substances. an installment contract. Dixon not participating. 2. Representing, through the use of tl (b) The Commissioner concludes that name School Services, Inc., Washingto [ s e a l ] C h a r le s A . T o b in , such dangerous or potentially dangerous D.C., or any other name or names simili Secretary. practices include, but are not limited to, thereto, or otherwise, that any of r [FR Doc.71-16492 Filed 11-10-71;8:50 am] the following:

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21588 RULES AND REGULATIONS

(1) Some vegetable growers and § 121.2566 Antioxidants and/or stabil for polymers. packers employ used poultry crates for • - • * * shipment of fresh vegetables, including (b) * * * cabbage and celery. Salmonella orga­ nisms are commonly present on dressed List of substances Limitations poultry and in excreta and fluid exu­ * * * * * * dates from dressed birds. Thus wooden Octadecyl 3,5 -di - ieri-butyl-4-hydroxyhydm For use only: crates in which dressed poultry has been cinnamate. iced and packed are potential sources of * * * Salmonella or other enteropathogenic 3. At levels not exceeding 0.25 percent by microorganisms that may contaminate weight of polystyrene and/or rubber- fresh vegetables which are frequently modified polystyrene polymers complying consumed without heat treatment. with § 121.2510, except that the finished (2) Some potato growers and pro­ basic rubber-modified polystyrene poly­ ducers of animal feeds use secondhand mers in contact with fatty foods shall contain not less than 85 weight percent bags for shipment of these articles. Such of total polymer units derived from sty­ bags may have originally been used for rene monomer. shipping or storing pesticide-treated seed or other articles bearing or containing * * * * * * poisonous substances. Thus these sec­ ondhand bags are potential sources of Any person who will be adversely af­ § 18—16.868—1 Letter o f Contract Ad­ contamination of the food or unimal fected by the foregoing order may at any ministration Delegation, General feed stored or shipped therein. time within 30 days after its date of pub­ (NASA Form 1430). (c) In a policy statement issuedlication in the F ederal R eg ister file with NASA Form 1430 shall be used for the April 11, 1968, the Pood and Drug Ad­ the Hearing Clerk, Department of delegation and redelegation of contract ministration declared adulterated within Health, Education, and Welfare, Room the meaning of section 402(a) of the 6- 88, 5600 Fishers Lane, Rockville, Md. administration functions to other Gov­ Federal Pood, Drug, and Cosmetic Act 20852, written objections thereto in ernment agencies and NASA installa­ shipments of vegetables or other edible quintuplicate. Objections shall show tions. food in used crates or containers that wherein the person filing will be ad­ § 18—16.868—2 Letter o f Contract Ad­ may render the contents injurious to versely affected by the order and specify health. This policy statement is extended ministration Delegation, Special In­ with particularity the provisions of the structions (NASA Form 1430A). so that the Food and Drug Administra­ order deemed objectionable and the tion will regard as adulterated within grounds for the objections. If a hearing NASA Form 1430A shall be used to the meaning of section 402(a) of the act is requested, the objections must state provide special instructions to NASA shipments of vegetables, other edible the issues for the hearing. A hearing Forms 1430 and 1432, when necessary. food, or animal feed in used crates, bags, will be granted if the objections are sup­ (See § 18-51.304(g).) or other containers that may render the ported by grounds legally sufficient to contents injurious to health. § 18—16.868—3 Letter of Acceptance of justify the relief sought. Objections may Contract Administration Delegation (Secs. 402(a), 701(a), 52 Stat. 1046 as be accompanied by a memorandum or amended, 1055; 21 U.S.C. 342(a), 371(a)) (NASA Form 1431). brief in support thereof: Received ob­ Dated: October 27,1971. NASA Form 1431 shall accompany jections may be seen in the above office NASA Form 1430 for use by the recipient S a m D. F i n e , during working hours, Monday through contract administration office in evidenc­ Associate Commissioner Friday. for Compliance. ing acceptance of the delegation. Effective date. This order shall become [PR Doc.71-16491 Filed 11-10-71;8:51 am] § 18—16.868—4 Letter o f Contract Ad­ effective on its date of publication in the ministration Delegation— Termina­ F ederal R eg ister (11-11-71). tion (NASA Form 1432). SUBCHAPTER B— FOOD AND FOOD PRODUCTS (Sec. 4 0 9 (c)(1), 72 Stat. 1786 as amended; NASA Form 1432 shall be used to dele­ PART 121— FOOD ADDITIVES 21 U.S.C. 348(c) (1 )) gate certain contract termination func­ Subpart F— Food Additives Resulting Dated: November 1, 1971. tions to the cognizant contract adminis­ From Contact With Containers or S a m D . F i n e , tration office when the NASA contracting Equipment and Food Additives Associate Commissioner officer has issued a Notice of Termination. Otherwise Affecting Food for Compliance. § 18-16.868-5 Letter of Audit Delega­ A ntioxidants a n d /or S t a b il iz e r s for [PR Doc.71-16490 Piled 11-10-71;8:51 am] tion (NASA Form 1433). P o l y m e r s The Commissioner of Food and Drugs, NASA Form 1433 shall be used to dele­ having evaluated the data in a petition gate contract audit functions to other (FAP OB2566) filed by Geigy Industrial Title 41— PUBLIC CONTRACTS Government audit agencies. (See § 18- Chemicals, Division of Geigy Chemical 51.309(c).) Corp., Ardsley, N.Y. 10562, and other AND PROPERTY MANAGEMENT § 18-16.868-6 Letter o f Request for relevant material, concludes that the Chapter 18— National Aeronautics food additive regulations should be Pricing-Audit Technical Evaluation amended as set forth below to provide and Space Administration Services (NASA Form 1434). for an additional safe use of octadecyl PART 18-16— PROCUREMENT FORMS NASA Form 1434 shall be used to re­ 3, 5-di-fert-butyl-4-hydroxyhydrocin- quest specific one-time services or in­ namate as an antioxidant and/or stabi­ Subpart 18—16.8— Miscellaneous lizer in polystyrene and/or rubber- Forms formation from other Government agen­ modified polystyrene. cies when NASA Forms 1430, 1432, and Therefore, pursuant to provisions of L etter s o f D e le g a t io n 1433 are not appropriate. (See § 18- the Federal Food, Drug, and Cosmetic The following was omitted from the 51.314.) Act (sec. 409(c)(1), 72 Stat. 1786 as Miscellaneous Amendments which ap­ R ichard J. K eegan, amended; 21 U.S.C. 348(c) (1 )) and un­ peared in the issue for Wednesday, No­ Acting Director of Procurement, der authority delegated to the Com­ vember 10, 1971: Sections 18-16.868-1 National Aeronautics ana missioner (21 CFR 2.120), § 121.2566(b) Space Administration. is amended by adding a third limitation through 18-16.868-6 are added to read to the subject item as follows: as follows: [PR Doc.71-16557 Filed 11-10-71:8:53 am] FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 RULES AND REGULATIONS 21589 Title 24— HOUSING AND HOUSING CREDIT Chapter VII— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE List of Eligible Communities

Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1914.4 List of eligible communities. * * * * * , * *

Effective date State County Location Map No. State map repository Local map repository of authorization of sale of flood Insurance for area

* * * * * » Arkansas...... Garland__ ... Hot Springs______.... NoV. 12,1971. Delaware...... Sussex...... Bethany Beach...... Do. Indiana...... Jefferson...... Madison...... Do. Missouri...... Clay and Ray. Excelsior Springs______... Do. New Coos...... Lancaster...______Do. Hampshire. New Jersey.___ Ocean..._____ Lacey Township_ .______Do. Do...... Essex______Maplewood ...... Do. Township. Do______do...... West Orange...... Do Do...... Passaic____ ... Paterson...... Do. Do...... Bergen______Ridgewood______Do. Pennsylvania... Northampton. Hellertown______Do. Do...... Delaware____ Nether ______Do. Providence. Do...... ’. Bucks...... Tinicum Town- ...... Do. ship. Do...... Montgomery.. Whitemarsh ______Do. Township. Tennessee...... Sevier...... Pigeon Forge______... Do. Texas...... Jackson...... Edna______I 48 239 2120 02 Texas Water Development Board, Edna City Hall, 106 North Allen, Do. through Post Office Box 12386, Capital Edna, T X 77967. I 48 239 2120 06 Station, Austin, T X 78701. Texas Insurance Department, 1110 San Jacinto St., Austin, T X 78701. Utah...... Utah______U nincor porated Do. areas. Wisconsin...... Winnebago. Oshkosh__ ___ Do.

(National Flood Insurance Act of 1968 (title X III of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R, 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; Secretary’s delegation of au­ thority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969; and designation of Acting Federal Insurance Administrator effective Aug. 13, 1971, 36 F.R. 16701, Aug. 25, 1971) Issued: November 4, 1971. C h a r le s W . W ie c k in g , Acting Federal Insurance Administrator. [FR Doc.71-16352 Filed 11-10-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21590 RULES AND REGULATIONS PART 1915— IDENTIFICATION OF SPECIAL HAZARD AREAS List of Communities With Special Hazard Areas Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1915.3 List o f communities with special hazard areas. * * * • * * *

Effective date of identification of State County Location Map No. State map repository Local map repository areas which have special flood hazards

* * * * * * * * * Arkansas..:___Garland...... Hot Springs...... ----...... -...... £ ...... Nov. 12,1971. Delaware______Sussex...... Bethany Beach------■------i...... ------Do. Indiana...... Jefferson...... Madison------: .. ------—...... Do. Missouri______Clay and RayJ___ Excelsior Springs------Do. New Coos______Lancaster.....______------...... Do. Hampshire. New Jersey..___Ocean....______Lacy Township...... : ------;...... — Do. D o...... Essex...... Maplewood ...... j...... —...... -...... Do. Township. D o...... d o ...... WestOrange...... -...... -...... —...... - Do. D o...... Passaic...... Paterson------Do. Do______Bergenl...... Ridgewood------Do. Pennsylvania__ Northampton___ .'. Hellertown______..______. .. .. j.. . ------: ------Do. Do...... Delaware...... Nether ...... -...... -...... Do. Providence. Do...... Bucks...... Tinicum ...... : ...... -...... -...... - Do. Township. Do______Montgomery______Whitemarsh ...... 1------...... —...... Do. Township. Tennessee_____ Sevier______...;___ Pigeon Forge...... ---...... Do. Texas...... Jackson...... Edna...... H 48 239 2120 02 Texas Water Development Board, Edna City Hall, 105 North Allen, Feb. 9,1971. through Post Office Box 12386, Capital Edna, T X 77957. H 48 239 2120 05 Station, Austin, T X 78701. Texas Insurance Department, 1110 San Jacinto St., Austin, T X 78701. Utah...... Utah______Unincorporated ...... - ...... -...... Nov. 12,1971. areas. Wisconsin.:.___Winnebago...... Oshkosh-----...... *..5 ,...... -----...... -...... -...... Do.

(National Flood Insurance Act of 1968 (title x m of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; Secretary’s delegation of au­ thority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969; and designation of Acting Federal Insurance Administrator effective Aug. 13, 1971, 36 F.R. 16701, Aug. 25, 1971) Issued: November 4, 1971. C h a r le s W . W ie c k in g , Acting Federal Insurance Administrator. [FR Doc.71-16353 Filed 11-10-71;8:45 am }

(1) Revoke § 117.720 (c) and (d ), 117.- (3) When the draw cannot open im­ Title 33— NAVIGATION AND 730(b), 117.745, 117.750(b) (5) (iii), 117.- mediately or is to close. Four short blasts. 755(b) and 117.759. (f) The bridges to which this section (2) Add a new § 117.759b immediately applies and the regulations applicable in NAVIGABLE WATERS after § 117.759a to read as follows: each case are as follows: Chapter I— Coast Guard, (1) Railroad bridge across Coalbank § 117.759b Drawbridges across navi­ Slough. The draw shall open on signal if Department of Transportation gable waters in Oregon where con­ at least 24 hours’ notice has been given. SUBCHAPTER J— BRIDGES stant attendance is not required. (2) Highway bridge across Coalbank [CG FR 71-80a] Drawtenders are not required to be in Slough. The draw shall open on signal constant attendance at the bridges listed if at least 24 hours’ notice has been given. PART 117— DRAWBRIDGE in this section. (3) Railroad bridge across Siuslaw OPERATION REGULATIONS (b) The owner of or agency control­ River at Cushman. The draw shall open ling each bridge shall keep conspicuously on signal if at least 24 hours’ notice has Drawbridges in the State of Oregon posted on both the upstream and down­ been given. Where Constant Attendance Is Not stream sides of the bridge or elsewhere, (4) Highway bridge across John Day Required in such manner that they may be readily River. The draw shall open on signal if read from an approaching vessel, a at least 12 hours’ notice has been given. This amendment changes the regula­ (5) Burlington Northern railroad tions for the Oregon State Highway Di­ resume of the regulations of this section pertaining to each bridge, together with bridge at North Portland Harbor (Ore­ vision bridge at mile 24, Coquille River gon Slough). The draw shall open on sig­ and establishes a new section for listing information as to whom notice should be given when an opening is required nal if at least one-half hour notice has drawbridges in the State of Oregon been given. which are not required to have draw- and directions for communicating with such persons by telephone or otherwise. . (6) Southern Pacific railroad bridge tenders in constant attendance. This across the Willamette River at Albany. (c) Prompt openings of the draw shall amendment was circulated as a public The draw shall open on signal, if at notice dated August 19, 1971, by the be made at the time agreed upon. least 6 hours’ notice has been given. Commander, Thirteenth Coast Guard (d) Test openings shall be made fre­ (7) Benton County highway bridge ed quently enough to ascertain that the District and was published in the F ­ across the Willamette River at Corvallis. eral R eg ister as a notice of proposed operating machinery of the draws is in The draw shall open on signal if a rule making (CGFR 71-80) on Au­ serviceable condition. least 6 hours’ notice has been given. gust 26, 1971 (36 F.R. 16937). No (e) Signals: (8) Highway bridge across the Coluni' objections to the proposal were received. (1) Opening signal. One long blast bia River between Hood River, Oreg. an Accordingly, Part 117 of Title 33, Code followed by one short blast. White Salmon, Wash. The draw shau of Federal Regulations is amended as (2) Acknowledging signal. One long open on signal if at least 12 hours n ” follows: blast followed by one short blast. tice has been given.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 RULES AND REGULATIONS 21591

(9) Highway bridge across the Co- established in the revised regulations do plan at least to the extent these are quille River at CoquiUe. The draw shall not apply to payments made under title available to the general population. open on signal if at least 48 hours’ no­ X IX for deductibles or coinsurance im­ (6) Provide that participation in the tice has been given. posed under title X V m (§ 250.30(b)). program will be limited to providers of (Sec 5, 28 Stat. 362, as amended, sec. 6(g) (3) Interim policy section 1(b) concern­ service who accept, as payment in full, 2), 80 Stat. 937; 33 U.S.C. 499, 49 TJ.S.C. ing descriptions of payment structures, the amounts paid in accordance with the 1655(g) (2); 49 CFR 1.46(c) (5), 33 CFR 1.05- has been deleted. (4) Interim policy sec­ fee structure, except that, with respect 1(c) (4 )) tion 1 (0 has been deleted, thus elim­ to payment for care furnished in skilled inating the requirement for prior ap­ nursing homes, existing supplementation Effective date. This revision shall be­ proval by the Secretary of changes in programs are permitted where the State come effective on December 17, 1971. a payment structure. (5) Interim policy has determined and advised the Secre­ Dated: November 4, 1971. section 1(d) ( 2) has been revised to elim­ tary of Health, Education, and Welfare inate the need for States to submit sen­ that its payments for skilled nursing W. M. B e n k e r t , sitive fee data (§ 250.30(a) (7) ( i i ) ). (6) Rear Admiral, U.S. Coast Guard, home services furnished under the plan Interim policy section 2 has been re­ Chief, Office of Marine Envi­ are less than the reasonable cost of such vised so that the requirements therein ronment and Systems. services permitted under Federal regula­ allow a payment structure which equates tions, and the State has prior to Janu­ [FR Doc.71-16477 Filed 11-10-71;8:49 am] to no more than the highest of the 75th ary 1, 1971, provided the Secretary with percentile of the range of weighted cus­ a plan for phasing out such supplementa­ tomary charges in the same localities tion within a reasonable period after that established under the title X V III during date. Title 43— PUBLIC LANDS: the calendar year preceding the start (7) Provide that any increase in a pay­ of the fiscal year in which the deter­ ment structure that applies to individual INTERIOR mination is made; or the prevailing practitioner services shall be documented charge recognized under part B, title in State manuals or other official files by: Chapter II— Bureau of Land Manage­ X V III, for similar services in the same (i) An estimate of the percentile of the ment, Department of the Interior locality on December 31, 1970; or the range of customary charges to which the APPENDIX— PUBLIC LAND ORDERS prevailing charges recognized under part revised payment structure equates and a B, title X V m (§ 250.30(b) (3) (i) (a) (2)). description of the methods used in arriv­ [Public Land Order 5116] (7) Interim policy section 2(a) (2) has ing at the estimate. [Utah 10287] been revised to indicate specific methods (ii) An estimate of the composite UTAH for determination of the customary average percentage increase of the re­ charge of the individual practitioner vised fee structure over its predecessor. Addition to National Forest (§ 250.20(b) (3) (i) (a) (1) ) . (8) Interim Criteria for meeting Federal require­ Correction policy sections 2(b) and 3 have been deleted. (9) Paragraph (b) has been re­ ments pertaining to such payment struc­ In F.R. Doc. 71-13687 appearing at vised to indicate the effect of the wage- tures are set forth in paragraph (b) (3) page 18646 in the issue of Saturday, price freeze announced by the President (i) (a) of this section. September 18, 1971, the entry under on August 15, 1971 (Executive Order (b) Upper limits. The upper limits for Privately Owned Lands, T. 10 S., R. 1 E., 11615), and any similar future issuances. payments for care and services under a reading “Secs. 25 and 26.” should read Certain other changes of an editorial and medical assistance plan are as follows: “Secs. 25 and 36.” clarifying nature have been made. The State agency may pay less than the In addition to the provisions concern­ upper limits, except that, in the case of ing reasonable charges for individual inpatient hospital services, a State may practitioner services, the regulations in­ pay less only with prior approval of the Title 45— PUBLIC WELFARE corporate certain provisions of the Secretary. These upper limits do not ap­ Chapter II— Social and Rehabilitation Handbook of Public Assistance Admin­ ply to payments made under the State plan for deductibles and coinsurance Service (Assistance Programs), De­ istration (Supplement D) and the re­ quirements of 45 CFR 249.31, which is imposed under title X V n i of the Social partment of Health, Education, and vacated. Security Act. Such payments may be Welfare Accordingly, the regulations are made up to the reasonable charge under title X V III. The upper limits with re­ PART 249— SERVICES AND PAYMENT amended and codified as set forth below. Parts 249 and 250 are amended as spect to any item of medical care and IN MEDICAL ASSISTANCE PROGRAMS follows: services provided under the State plan shall not exceed the amounts established PART 250— ADMINISTRATION 'OF § 249.31 [Reserved] as the ceilings for the prices of such item MEDICAL ASSISTANCE PROGRAMS 1. Section 249.31 is vacated and re­ pursuant to nationally-imposed eco­ Subpart A— General Administration served, as its content is hereby trans­ nomic controls or limitations on the ferred to and set forth in § 250.30(a) (6), prices of goods and services, including R eimbursement o f I n d iv id u a l 2. Section 250.30(a) is amended by those imposed pursuant to Executive P ractitioners Order 11615 of August 15, 1971, 36 F.R. adding new subparagraphs (4), (5), (6), An interim policy setting forth regula­ and (7) and § 250.30(b)(3) is revised to 15727, or any subsequent issuance. tions to implement section 1902(a) (30) read as follows: * * * * • of tile Social Security Act with respect (3) Other services.— (i) Noninstitu- fo reasonable charges for individual § 250.30 Reasonable charges. tional services.— (a) Payments to indi­ Practitioner services was published in (a) State plan requirements. * * * vidual practitioners. (This applies to wie F ederal R eg ister of July, 1969 (.34 (4) Provide assurance that the State services of doctors of medicine, dentis­ F-R. 11098). After consideration of views agency has access to data identifying the try, osteopathy, and podiatry. At the Presented by interested persons, the fol- maximum charges allowed and that such option of the State, other individual owmg changes in the regulations are data will be made available to the Secre­ practitioner services may be included.) ^ g made: ( l ) interim policy section tary of Health, Education, and Welfare A payment structure will meet Federal th .s been revised to indicate that upon request. requirements if (as documented in State _^e .Policy applies to payments for the (5) Provide that fee structures will be manuals or other official files): rvices of doctors of medicine, dentistry, established which are designed to enlist (I) Payment to the individual practi­ J ° P % , and podiatry. Other indi- participation of a sufficient number of tioner is limited to the lowest of lauai practitioner services may be in- providers of services in the program so (i) His actual charge for service; j™ 4 at the option of the State (§ 250.- that eligible persons can receive the (ii) The median of his charge for a (b) (3) (i) (a )). (2) The upper limits medical care and services included in the given service derived from claims

FEDERAL HEGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21592 RULES AND REGULATIONS processed or from claims for services Peterborough, N.H.; Santa Paula, two AM stations; and Grand Haven- rendered during all of the calendar year Calif.; Crown Point, Ind.; Luveme, Spring Lake area (17,074 population), preceding the start of the fiscal year in Minn.; Red Bank-White Oak, Tenn.; one FM and one AM station. From this which the determination is made; or North Myrtle Beach, S.C.; Napoleon, information it appears that there is a (in') His reasonable charge recognized Ohio; Central City, Pa.; Waseca, Minn.; greater need for additional FM assign­ under part B, title XVHI. Quebradillas, P.R.; Security, Colo.; Ord, ment in the Muskegon-Muskegon (2) In no case may payment exceed Nebr.; and Vail, Colo.) Delphos and Heights area, especially one which would the/ highest of Georgetown, Ohio., Docket No. 19160, provide a first FM channel to Muskegon (i) Beginning July 1, 1971, the 75th RM-1618, RM-1634, RM-1641, RM-1642, Heights. Accordingly, we have concluded percentile of the range of weighted cus­ RM-1647, RM-1649, RM-1657, RM-1662, that the public interest would be served tomary charges in the same localities RM-1663, RM-1664, RM-1668, RM-1669, by making the requested assignment. established under title X V ill during the RM-1671, RM-1672, RM-1565, RM-1673, 3. Heath, Ohio (RM-1642). Runny- calendar year preceding the fiscal year RM-1676, RM-1690, RM-1692, RM-1699, mede, Inc., requests assignment of Chan­ in which the determination is made; RM-1704, RM-1705, RM-1707, RM-1708, nel 269A at Heath, Ohio. Heath, with a (it) The prevailing charge recognized RM-1717, RM-1718, RM-1720, RM-1721, population of 6,768, is located in Licking under part B, title X V III, for similar RM-1730, RM —1582. County (population 106,547). Heath is services in the same locality on Decem­ 1. The Commission has under con­ situated southwest of and adjacent to ber 31, 1970 and found acceptable by the sideration its notice of proposed rule Newark, Ohio (population 42,836). There Secretary; or making issued February 26, 1971 (FCC is one daytime-only AM station in Heath. (til) The prevailing reasonable charge 71-191) inviting comments on a number Runnymede asserts that Heath is a grow­ recognized under part B, title XV III. of requests for first FM channel assign­ ing community, the center of commerce (b) Other noninstitutional services.ments. The first report and order, is­ in Licking County, and submits infor­ The upper limits for payment shall bé sued May 21, 1971, considered the 19 mation on the characteristics of the customary charges which are reasonable. proposals about which no questions were community. The Runnymede preclusion The prevailing charges in the locality for raised in the notice. This second report study shows that its proposal would not comparable services under comparable and order will consider the remaining 11 have impact oh the six adjacent chan­ circumstances shall set the upper limits proposals for assignment of channels to nels. On Channel 269A, there are four for payments. In reviewing prevailing 10 communities. Except for Vail, Colo., communities to which this channel can charges for reasonableness, the State there is one proposal for each of the 9 be utilized. As to these communities, agency should consider the combined communities for a Class A channel. In Newark and Lancaster, Ohio (popula­ payments received by providers (for fur­ the case of Vail, there are two proposals: tion 42,838 and 32,911, respectively) nishing comparable services under com­ One for a Class A channel and one for each has an FM and a daytime-only AM parable circumstances) from the carriers a Class C channel. Comments were re­ station; Granville, Ohio, (population under part B, title X V III of the Act and ceived on all of the proposals, which 3,963) is located in the same general beneficiaries under such title, and the satisfactorily answered the questions area of Heath and is within four miles combined payments received from other raised in the notice, and they will be of Heath’s assumed transmitter site, and third-party insuring organizations and considered individually. Three of the pro­ New Lexington, Ohio (population 4,921), their regular policy holders and sub­ posals considered herein would require has no local aural broadcast facilities scribers, using whichever of these criteria selection of transmitter sites a few miles but Channels 224A or 292A could be as­ or other criteria are appropriate to the removed from the city reference points.1 signed there. On the basis of this in­ specific provider service. Assignments to these communities are formation it appears that there is a need * * * * * made on the basis that they can and will for another FM station in this area. If be used at standard separations with (Sec. 1102, 49 Stat. 647,42 U.S.C. 1302) the channel were assigned to Heath, it respect to other assignments and sta­ would foreclose its use in Newark which Effective date. These amendments shall tions. Except as noted, all population itself has only one FM station. Accord­ be retroactive to July 1,1969. figures are from the 1970 U.S. Census ingly, we believe that the public interest (preliminary or final) reports. Dated: October 22,1971. would best be served by assigning the 2. Muskegon Heights, Mich. (RM- channel to Newark, thus also permitting J o h n D. T w in a m e , 1618). Muskegon Heights Broadcasting its use in Heath or any other unlisted Administrator, Social and Co., licensee of daytime-only AM station community in the vicinity. Rehabilitation Service. WKJR, seeks assignment of Channel 4. Bossier City, La. (RM-1668). Joel Approved: November 4,1971. 269A at Muskegon Heights, Michigan. E. Wharton proposes assignment of Muskegon Heights, with a population of Channel 261A to Bossier City, La. Bossier E l l io t L. R ic h a r d s o n , 17,304, is located in Muskegon County City, with a population of 43,066, is lo­ Secretary. (156,077 population) and is part of cated northeast of and adjacent to [FR Doc.71-16468 Filed 11-10-71;8:49 am] Muskegon-Muskegon Heights SMSA. It Shreveport, La., in Bossier Parish (pop­ is located south of and adjacent to ulation 64,379). Bossier City does not Muskegon (population 44,377). There is have any local aural broadcast facility only one AM station in Muskegon but there are four FM and seven AM Title 47— TELECOMMUNICATION Heights. The preclusion study indicates stations in Shreveport (population Chapter I— Federal Communications that the assignment of the channel as 178,061). Wharton asserts that there are requested would not have adverse impact many factors showing that Bossier City Commission on the six adjacent channels. The pre­ is a separate community and is the larg­ [Docket No. 19160; FCC 71-1138] cluded area for Channel 269A itself est community in the parish. The pre­ would involve a narrow area along the clusion study shows that the proposea PART 73— RADIO BROADCAST east shore of Lake Michigan, where there assignment would not have any inapac SERVICES are three populated zones in which Chan­ on the six adjacent channels. The pre­ nel 269A could be assigned. In the Mus- Second Report and Order cluded area on Channel 261A . kegon-Muskegon Heights area (96,625 five communities where a channel coni In the matter of amendment of population), there are two FM and four be assigned, which are much smau § 73.292, Table of Assignments, FM AM stations; in the Holland-Zeeland than Bossier City. Each of these co ' Broadcast Stations. (Muskegon Heights, area (33,785 population), three FM and munities has either an AM station Mich.; Newport, R.I.; Pennington Gap, both AM and FM stations. It would also Va.; Heath, Ohio; Columbus, Tex.; Mid- i The assignments which must be used out­ foreclose the otherwise possible assign dlebury, Vt.; Three Rivers, Mich.; Ash­ side the communities In question are Crown ment of this channel to Shreveport, down, Ark.; Vandalia, 111.; Lincoln, Point, Ind., 6 miles south; Heath, Ohio, 3 with Newark/Heath, Ohio, we hehev Maine; Bossier City, La.; Vevay, Ind.; miles southwest; and Bed Bank City, Tenn., Bonita Springs, Fla.; Jenkins, Ky.; 1 mile north. the better approach would be to assign

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 RULES AND REGULATIONS 21593 the channel to the central city (Shreve­ these communities either have an FM will be precluded on the six adjacent port) which presently has allocated four assigment or assignments or are located channels if Channel 232A were to be as­ channels, an approach which would per­ close to larger communities which have signed there. On Channel 232A, the pre­ mit application for its use in Bossier at least one assignment. cluded area contains three communities City. 8. At the time the notice in this pro­ where the channel could be assigned. 5. Bonita Springs, Fla. (RM-1673). ceeding was issued, there was outstand­ Petitioner shows that two communities Carl Richard Buckner, licensee of FM ing a proposal to assign Channel 296A are much smaller than Red Bank-White Station WCOF-FM, Immokalee, Fla., at Lowell, Ind.* A question was thus Oak and each has a local aural broadcast operating on Channel 240A, seeks to raised as to the appropriateness of mak­ facility, and the third community is lo­ move his station to Bonita Springs, Fla., ing two channel assignments to the same cated in the Chattanooga urbanized area. 23 miles west. His AM Station WCOF county. In response, Meyer states that Davis contends that Channel 232A is the will remain in Immokalee. Immokalee, both assignments should be made, that only channel that could be assigned to an unincorporated community of 3,764, there is only one commercial FM station this community. Since the requested is located in Collier County; Bonita in the county, i.e., at Hammond, and channel would provide Red Bank-White Springs, with a population of 1,932 i^ an that southern part of the county, in Oak with its first aural facility and the unincorporated community located in which Crown Point and Lowell are Chattanooga area with its fifth FM chan­ Lee County (102,473 population). The located, is nonurbanized and where the nel, we find that it would be in the public notice invited comments on the requested greatest population and industrial interest to assign Channel 232A to Red move and stated that, if no other party growth is taking place. Meyer asserts Bank-White Oak, Tenn.6 expressed interest in the channel at that, if a choice must be made, Crown 11. North Myrtle Beach, S.C. (.RM- Bonita Springs, we proposed to modify Point would be a logical place for a Lake 1707). North Myrtle Beach Broadcasting the license of Station WCOF-FM. Nu­ County station, because it is the county Corp. requests assignment of Channel merous letters supporting the move of seat and the community is larger than 288A to the town of North Myrtle Beach, the station were received. Except for Mr. Lowell. William J. Dunn, proponent for ' S.C. (population 1,671). The community Buckner, none expressed interest in the the assignment at Lowell, opposes the is located in Horry County (population station. Adoption of the'proposal would Crown Point proposal. He argues that, 67,804) on the Atlantic coast, approxi­ provide a first local outlet for Bonita since the Crown Point station would have mately 15 miles northeast of Myrtle Springs, a result we believe to be in the to be located 5 miles south from the Beach, S.C. There are no local aural public interest. Therefore, we will center of the community, it would serve broadcast facilities in North Myrtle amend the FM Table of Assignments to the same rural area as that of a Lowell Beach. The preclusipn study indicates reflect this change in the location, and station, and suggests, without specify­ that the proposed channel assignment the license of Station WCOF-FM will be ing, an assignment of another channel would not preclude the use of the six modified accordingly.2 that would permit selection of a site adjacent channels. On Channel 288A, 6. Santa Paula, Calif. (RM-1692). north of Crown Point where it would be there are four communities in the pre­ Jerry Lawrence requests assignment of closer to the industrial and urban areas, cluded area, but the communities, ex­ Channel 244A at Santa Paula, Calif. to which, he contends, Crown Point is cept for Southport, N.C., are not as large Santa Paula, with a population of 17,652 closely related. Since no choice must be as North Myrtle Beach, and there is a is located in Ventura County (374,410 made, it is not necessary to decide this daytime-only AM station in two of the population) and is part of Oxnard- issue. communities. As to Southport, it is lo­ Ventura SMSA. There is a full-time Class 9. We are of the view that the assign­ cated approximately 20 miles south of IV AM station in Santa Paula. The pre­ ment of Channel 280A at Crown Point Wilmington, N.C., where there are four clusion study indicates that the proposed would be in the public interest and would FM and four AM stations in operation. assignment at Santa Paula would not result in more efficient utilization of the In view of the above, we find that the as­ have adverse impact on the six adjacent FM channels. Because of the proximity signment of Channel 288A to North channels, but on Channel 244A itself, of Crown Point to larger communities, Myrtle Beach, S.C., would be in the pub­ there are several communities within the Channel 280A remains the only channel lic interest. precluded area. However, these com­ that could be assigned there without ex­ munities already have FM assignments, tensive readjustment of other assign­ 12. Security, Colorado i.RM-1721). Ed­ the numbers of which comport with the ments. While this channel must be ward J. Patrick proposes assignment of allocation criteria. The requested chan­ utilized about 5 miles south of Crown Channel 288A to Security, Colo. Security nel would be the first local PM assign­ Point, we believe that the resulting (9,017 population, 1960 Census) is an un­ ment in Santa Paula and the sixth diversity of progam service to Lowell incorporated community located in El assignment to the Oxnard-Ventura area. would be in the public interest. As to Paso County (228,572 population), about Thus it would be in the public interest communities in the precluded area on 7 miles southeast of Colorado Springs to assign Channel 244A to Santa Paula, Channel 280A, we are persuaded that (124,856 population). Petitioner contends California. they they do not have as great a need that Security is a growing community 7. Crown Point, Ind. (RM-1699). John for an additional channel, or because with an estimated 1970 population of 20,- 000, and submits information on the oony*er requests assignment of Channel they are located near the communities

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 No. 218— Pt. I- A 21594 RULES AND REGULATIONS

288A to Security, Colo., the sixth as­ existing assignments. Thus, we will as­ 18. It is further ordered, That the re­ signment to the Colorado Springs area. sign Channel 284 to Vail, Colo., and deny quest (RM-1565) to assign Channel 13. Vail, Colo. (RM-1565 and R M - the request for a Class A channel there. 272A to Vail, Colo., is denied. 1582). Aspen Broadcasting Co., Inc. In making this assignment, and in order 19. I t is further ordered, That this pro­ (Aspen) , and Nathaniel B. Harris (Har­ to provide the service on which it is pre­ ceeding is terminated. ris) request assignment of Channel 272A mised, it is to be understood that any (Secs. 4, 303, 307, 48 Stat., as amended, 1066, and Channel 268, respectively, to Vail, applicant must be prepared to construct 1082,1083; 47 Ü .S.0.154, 303,307) Colo. The notice observed that, from and operate a station with a power of the technical standpoint, either or both at least 75 kw, and antenna height of at Adopted: November 3,1971. channels might be assigned to Vail. In least 1,000 feet above average terrain Released: November 5,1971. response to the notice, Armstrong Broad­ or their equivalent. casting Corp., licensee of Station K O SI- 16. In view of the foregoing, and pur­ F ederal C ommunications FM, Denver, Colo. (Armstrong), filed suant to sections 4 (i), 303 (g) and (r), C o m m is s io n ,7 comments, stating that its then pending and 307(b) of the Communications Act [ s e a l ] B e n F . W a p l e , application (BPH-7505),6 to relocate its of 1934, as amended, effective Decem­ Secretary. transmitter site to Lookout Mountain ber 17, § 73.202(b) of the Commission’s [FR Doc.71-16512 Filed 11-10-71;8:52 am] conflicted with the Harris proposal for rules, the Table of FM Assignments, is assignment of Channel 268 at Vail, and amended, by the addition of the follow­ suggesting that Channel 229 could be ing entries: assigned to vail instead, if the assign­ City Channel No. Title 49— TRANSPORTATION ments were to be changed at Craig, Colo., Santa Paula, Calif______244A. Chapter V— National Highway Traffic from Channel 229 to Channel 270 and Security, Colo______288A. Leadville, C0I9., from Channel 228A to Vail, Colo______1284. Safety Administration, Department Channel 276A7 Bonita Springs, Fla______240A. of Transportation 14. In urging the assignment of Chan­ Immokalee, Fla ______Crown Point, Ind______280A. [Docket No. 70-23; Notice 4] nel 272A, Aspen contends that assign­ Shreveport, La______229, 233, 243, ment of Class C channel to Vail would 261A, 266. PART 571— FEDERAL MOTOR conflict with the basic assignment policy Muskegon Heights, Mich____ 269A. VEHICLE SAFETY STANDARDS of restricting wide-coverage Class C as­ Newark, Ohio______262, 269A. signments to principal cities of substan­ North Myrtle Beach, S.C_____ 288A. Motor Vehicle Brake Fluids tial population in metropolitan areas; Red Bank City, Tenn______232A. Motor Vehicle Safety Standard No. 116, that the area could not support a large 1Any application for this channel must establishing requirements for motor ve­ high-powered FM facility, and that the specify an effective radiated power of 75 kw. hicle brake fluids and containers was allegation of “ a broad economic base” and antenna height of 1,000 feet above aver­ amended on June 24, 1971 (36 P.R. appears to be more speculation than fact. age terrain or equivalent. 11987). Corrections were published on Aspen opposes the Armstrong proposal, 17. I t is further ordered, That, effec­August 11, 1971 (36 F.R. 14742) and Au­ contending that it would disrupt the tive December 17,1971, the ¿cense of Sta­ gust 17, 1971 (36 F.R. 15534). Pursuant existing Table of Assignments and would tion WCOF-FM, Immokalee, Fla., oper­ to 49 CFR 553.35 (35 F.R. 5119) petitions provide a channel with marginal utility ating on Channel 240A, is modified to for reconsideration of the amendment to Leadville, Colo. Harris on the other specify Bonita Springs, Fla., subject to were filed by Automotive Parts and Ac­ hand supports the assignment of either the following conditions: cessories Association, Inc., Citroen S.A., Channel 268 or Channel 229 as proposed (a) That the licensee of Station General Motors Corp., R. M. Hollings- by Armstrong. Harris contends that there WCOF-FM shall submit to the Commis­ head Corp., Union Carbide Corp., and is a need for a Class C channel to pro­ sion by December 30, 1971, the technical Wagner Electric Corp. Subsequently, re­ vide service not only to one of the most information called for by sections V-B quests for rule making were received from rapidly developing permanent resort and V-G of Form 301, to demonstrate Gold Eagle Products, Co., and Union areas in the United States but also to compliance with all applicable technical Carbide. a large number of Colorado ski and rec­ requirements and in order to prepare a Tn response to information contained reational areas and to some 30 com­ modified authorization to cover construc­ in several of the petitions, and to data munities which would otherwise be tion at the new location, and a survey recently available to the Administrator, without FM service because the moun­ made to ascertain the needs, interests the standard is being amended. The Ad­ tainous terrain separates them from and problems of Bonita Springs, Fla., as ministrator has declined to grant re­ existing stations. if it were an applicant for a permit to quested relief from other requirements 15. Although there is a dispute as to construct a new FM station in that of the standard. whether there is a sound economic basis community. 1. Deletion of grade DOT 4 fluid. Wag­ upon which a Class C station would be (b) That the licensee may continue ner Electric petitioned for the deletion of able to operate in this area, we believe to operate with its present authorization grade DOT 4 fluid, and the adoption of a that assignment of a Class C channel until ready to commence operation at single minimum standard with the vis­ would be in the public interest because the new location in accordance with this cosity requirements of grade DOT 4 and it would provide for a first FM service to modification, and that upon completion the boiling point characteristics of grade a wide area. Since Station KO SI-FM has of construction of its new facilities in DOT 3. been authorized to operate from Lookout accordance with the terms of the mod­ As the Administration noted in the Mountain, assignment of Channel 268 ified authorization, the licensee shall June 24 amendment to Standard no. to Vail would not comply with section submit in triplicate, proof of perform­ 116, “ there is a need for two grades 01 73.207 of the rules unless a site is se­ ance measurement data necessary to brake fluid until an all-weather fluid1*» lected much farther removed from Vail demonstrate compliance with the ap­ developed with viscosity and boning than assumed by Harris. As proposed plicable technical performance require­ point characteristics suitable for use m by Armstrong, Channel 229 could be as­ ments of the rules, of the type normally all braking systems.” Temperatures signed to Vail. However, Aspen raised required to be furnished in an appli­ fluids in use in western mountain driv­ the question of marginal utilization of cation for FM license, at least 10 days ing have reached 295° F., and the A - the channel proposed for Leadville, Colo. prior-to the date on which the licensee ministration deems it essential to re Our study indicates that channel 284 desires to begin program operations at the DOT 4 fluid, with its m in im ^ wej- could be assigned to Vail without the the new location, with the proviso that equilibrium reflux boiling point (£«« infirmity raised by Aspen, and it also program operations are not to be com­ of 311° F. Accordingly, Wagner’s petiuou would not require shifting of any of the menced until specifically authorized by is denied. the Commission after its evaluation and 7 Commissioner Johnson absent. 6 Granted July 20,1971. acceptance of this data.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 RULES AND REGULATIONS 21595

2. Deletion or modification of wet to be necessary in the event of brake ber swell occurs at this temperature dur­ ERBP requirements. Wagner, Union Car­ fluid defect notification campaigns. How­ ing the first 48 hours. bide, and Holling’shead petitioned for the ever, it has been determined that the The SAE has also concluded that cups deletion of the wet ERBP requirements serial number identifying the packaged should be retested and remeasured when on the grounds that the test procedure lot and date of packaging will be suf­ the base diameters of the tested cups is not sufficiently reproducible, and that ficient for the packager to identify the differ by more than 0.10 mm. This agency vapor lock temperature is a more appro­ manufacturer of any defective fluid, and has determined that averaging four priate factor to use for determination of paragraph S5.2.2.2(b) is being amended values as the change in base diameter, operational characteristics of a brake to delete manufacturer identification. In when a spread greater than 0.10 mm. fluid. response to requests for alternate loca­ occurs, will result in a more precisejdeter- The wet ERBP test is based primarily tion of the serial number, S5.2.2.2(d) is mination of whether the requirements of upon the SAE test for determination of being amended to allow the number to paragraph S5.1.12(a) have been met, and the as received boiling point of brake be placed below the information required is amending paragraph S6.12.5(a) fluid, a test that has been used by in­ by S5.2.2.2(c). An alternate location has appropriately. dustry for years. The major problems in also been specified for the information 8. Typographical errors. An erroneous determining water content have been re­ required by S5.2.2.2(b) if it is in code standard barometric pressure figure of solved. While the wet ERBP test proce­ form. 750 mm. appeared in the subscript of dure does not measure actual vapor lock Two petitioners voiced the fear that Table IH and is being corrected to 760 temperature, which is often substan­ the-safety warning of paragraph S5.2.2.2 mm. SAE Standard J1703a, referred to tially below that of the wet boiling point, ( g ) ( 1), to follow the vehicle manufac­ in S7.6, is corrected to read “ J1703b.” it provides a basis for measuring the turer’s recommendations in adding brake 9. Interpretations. Several petitions evi­ service capacity of the fluid to resist fluid, might result in the promotion by denced confusion over whether sale of vapor lock. The petitions are denied. automobile dealers of specified brand fluids manufactured prior to March 1, 3. Petroleum-based and silicone-based names, possibly creating an unfair trade 1972, will be allowed after that date. fluids. Standard No. 116 as in effect until practice. The agency views this possibil­ Sale of such fluids is permissible on and March 1,1972, specifically excludes petro­ ity as unrelated to motor vehicle safety after March 1, 1972, until supplies are leum-based fluids from its applicability. since presumably all brake fluid will exhausted, with the legal requirement The amendment of June 24, however, conform to Standard No. 116. In any that they conform at time of sale to applies to “all brake fluid for use in event, a change of wording cannot elimi­ Standard No. 116 as in effect prior to hydraulic brake systems of motor vehi­ nate this possibility, and the petitions March 1,1972. cles,” and effectively prohibits the manu­ are denied. The agency was also asked whether facture of petroleum-based and silicone- Petitions were also received requesting name of city and ZIP code is acceptable based fluids whose performance char­ that the safety warnings against refilling as the complete mailing address of the acteristics differ from conventional brake containers (S5.2.2.2(g) (4 )) not apply to distributor, required by paragraph fluids. Although we have asked for com­ storage containers with a capacity in ex­ S5.2.2.2(c). A mailing address is con- ments on appropriate performance re­ cess of 5 gallons, since containers (30 and sidered^ complete only if it is sufficient quirements for nonhygroscopic fluids 50 gallon sizes, tank cars, etc.) differ for the delivery of mail by the U.S. Postal (Docket No. 71-13, Notice 1, 36 P.R. from retail sale size cans and are reused Service, and containers must be marked 12032), to be incorporated into a stand­ for shipping purposes after cleaning. ard with a proposed effective date of accordingly. These petitions are granted and S5.2.2.2 Several petitioners asked for a delay to January 1, 1973, there will be, at a mini­ ( g ) ( 4) is being amended accordingly. mum, a 10-month period during which July 1, 1972, of various portions of the 5. Applicability to motor vehicles. labeling requirements of paragraph manufacture of these fluids is effectively Union Carbide asked whether brake fluid prohibited. General Motors and Citroen S5.2.2.2 because of the logistics involved in a vehicle must meet the requirements in modifying, in one instance, as many as have asked us to reconsider this point, of Standard No. 116 when the vehicle is the latter stating that all its vehicles 90 different labels. A delay in the effec­ sold, pointing out that in extreme cases tive date has not been found to be in the use a petroleum-based fluid, and that its as long as a year may pass between its sales in the United States will be ef­ public interest, and the petitions on this manufacture and sale. The NHTSA point are denied. Gummed labels meet­ fectively curtailed during the hiatus be­ recognizes that original dry boiling tween the two standards. ing the requirements of S5.2.2.2, however, points and viscosity of brake fluid may may be affixed to these cans until new In the absence of a demonstrable degrade due to the permeability of the cans are available. safety problem concerning the use of brake system when a vehicle is exposed petroleum-based and silicone-based to the atmosphere over a period of time Finally, several petitioners requested clarification of the container sealing fluids, the petitions are deemed to have prior to its first* sale for purposes other terminology in paragraph S5.2.1. The merit and Standard No. 116 is being than resale, and that it is impracticable “inner seal” is the cap liner. Examples of amended to exclude these fluids from its to require that brake fluid meet Standard ambit. We urge manufacturers, however, “tamper-proof features” are devices such No. 116 at time of sale when the “ con­ as a metal insert in the neck of the con­ to take precautions to assure that ad­ tainer” is a motor vehicle. Therefore, verse cross-contamination with hygro­ tainer, a plastic over-wrap, or a twist-off the stahdard is being amended so that aluminum cap with a breakaway portion. scopic fluids does not occur in the ab­ the main portion applies only to brake sence of appropriate regulations intended fluid, with an added requirement appli­ In consideration of the foregoing, to eliminate this hazard. cable to motor vehicles, that they be Motor Vehicle Safety Standard No. 116 4. Labeling requirements. Automotive equipped either with brake fluid manu­ in 49 CFR 571.21 is revised as follows: Parts and Accessories, General Motors, factured and packaged in conformity 1. Paragraph S3 is amended to read: Hollingshead, Union Carbide, and Wag­ with Standard No. 116, or with petro­ S3. Application. This standard applies ner Electric petitioned for reconsidera­ leum-based or silicone-based brake fluid to all brake fluid for use in hydraulic tion of various portions of the labeling (new paragraph S5.3). brake systems of motor vehicles, except requirements. Gold Eagle also apprised 6. Resistance to oxidation: Prepara­ for petroleum-based and silicone-based ^ of problems with labeling require­ tion. An amendment to paragraph S6.11.4 brake fluids. In addition, S5.3 applies to ments. (b) specifies that the oxidation resistance passenger cars, multipurpose passenger The petitioners have brought to our test is to be conducted not later than 24 vehicles, trucks, buses, trailers, and attention that packagers may use more hours after the test mixture has been motorcycles. than one manufacturer as a source for removed from the oven. 2. Paragraph S5.2.2.2(b) is amended to nrake fluid packaged under a single 7. Effect on SBR cups: Procedure and read: i 1?ame> and that under the present calculation. The SAE has also proposed (b) The name of the packager of the tie ^ on ^hiring manufacturer iden- a reduction of the time that the cups brake fluid. The information may be in pHvlation on can> packagers will and fluid are exposed to oven heat at code form and, if coded, shall be placed wi ilave stock duplicate cans or 70° C. The NHTSA is amending S6.12.4 beneath the distributor’s name and mail­ v~ cf\ase from (me source. We initially to reduce exposure time to 70±2 hours, as ing address or on the bottom of the considered manufacturer identification it has been found that virtually all rub­ container.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21596 RULES AND REGULATIONS

3. Paragraph S5.2.2.2(d) is amended in Washington, D.C., on the 30th day of (Forms BMC-90 and BMC-91) or a state­ to read: September 1971. ment that such evidence is already on (d) A serial number identifying the It appearing, that the Commission, on file at this Commission, (4) a copy of the packaged lot and date of packaging that the date hereof, has made and filed its carrier’s tariff (in addition to the three shall be legible and stamped on the bot­ report in this proceeding setting forth copies filed with this Commission’s Bu­ tom of the container or beneath the in­ its conclusions and findings and its rea­ reau of Traffic) pursuant to which the formation required in paragraph (c) of sons therefor, which report is hereby re­ service authorized by these rules will be this section. ferred to and made a part hereof; performed, which tariff must specify (i) 4. Paragraph S5.2.2.2(g) (4) is amend­ It further appearing, that based upon the territory or points to be served, (ii) ed by adding at the end thereof: “ (Not the explanation set forth in the said the specific commodities to be trans­ required for containers with a capacity report, this proceeding was instituted ported, and (iii) the rates to be charged in excess of 5 gallons) under the authority of part II of the (said tariff cannot be made effective for 5. S5.3 is added to read as follows: Interstate Commerce Act, and particu­ at least 30 days after the date such tariff S5.3 Motor vehicle requirement. larly sections 204, 206, 207, 208, and 210 is filed with this,Commission unless spe­ Each passenger car, multipurpose pas­ thereof, and 5 U.S.C. 553 and 559 (the cial permission has been granted), (5) a senger vehicle, truck, bus, trailer, and Administrative Procedure A c t), for the statement that all State regulatory agen­ motorcycle that has a hydraulic service purpose of determining whether the pres­ cies in those States in or through which brake system shall be equipped either ent or future public convenience and operations are proposed to be conducted with brake fluid that has been manufac­ necessity require the adoption of certain have been notified of the carrier’s appli­ tured and packaged in conformity with procedures which would implement pol­ cation to become a party to the special the requirements of this standard, or lution control programs described in certificate embodied in paragraph (d) of with petroleum-based or silicone-based the said report; this section, (6) a statement describing the pollution control program or pro­ brake fluid. I t is ordered, That the petitions filed 6. The figure “750“ appearing at the jointly by Dieckbrader Express, Inc., and grams in which the carrier intends to end of the first line in subscript a of Schneider Transport and Storage, Inc., participate, and (7) a statement demon­ Table m (paragraph S6.1.5(b)) is and individually by the Western Rail­ strating the applicant’s fitness (includ­ amended to read “ 760” . road Traffic Association for modification ing a demonstration of applicant’s famil­ 7. The following sentence is added at of procedures, and the separate requests iarity with the applicable safety require­ the end of paragraph S6.11.4(b) : “Begin for oral hearing filed by the National ments and statement of the proposed testing according to paragraph S6.11.5 Tank Truck Carriers, Inc., and Chemical method of operation and equipment not later than 24 hours after removal of Leaman Tank Lines, Inc., be, and they available for such service) to perform the tube from oven*” are hereby, denied for_ the reasons set involved service. 8. The third sentence of paragraph forth in the appended report.1 (c) Waiver of certain filing require­ S6.12.4 is changed to read: “Place one It is further ordered, That Subchapter ments. The filing of annual reports pro­ jar in an oven held at 70° ±2° C. (158± A of Chapter X of Title 49 of the Code of vided in section 220(a) of the Interstate 3.6° P.) for 70±2 hours.” Federal Regulations be, and it is hereby, Commerce Act is suspended as to the op­ 9. Paragraph S6.12.5(a) is changed-to amended by adding a new Part 1062 erations authorized in the special certifi­ read: reading as follows: cate set forth in paragraph (d) of this (a) Calculate the change in base section. diameter for each cup. If the two values, § 1062.1 Special procedures for for-hire (d) Certification. Appropriate ac­ at each temperature, do not differ by motor carriers engaged in transpor­ knowledgement letters will be issued to more than 0.10 mm. (0.004 inch) average tation for recycling or reuse of notify motor carriers that they have been “ waste” products in furtherance o f them to the nearest 0.02 mm. (0.001 recognized pollution control pro­ found eligible to operate pursuant to the inch). If the two values differ by more grams. special certificate of public convenience than 0.10 mm., repeat the test at the and necessity which reads as follows: appropriate temperature and average the (a) Scope of special rules. These spe­ four values as the change in base diame­ cial rules govern the filing and handling Special Certificate of Public Convenience ter. 10. The reference to “SAE J1703a” of applications seeking the right to op­ and Necessity in 'paragraph S7.6 is amended to read erate pursuant to a special certificate of [Ex Parte No. MC-85] “SAE Jl703b.” public convenience and necessity author­ izing operations, in interstate or foreign DESIGNATED MOTOR CARRIERS PARTICIPATING IN Effective date: March 1, 1972. T H E T R A N S P O R T A T IO N OF “ W ASTE” PRODUCTS commerce, by motor vehicle, over irregu­ (Secs. 103, 112, 114, and 119, National Traffic FOR RECYCLING OR REUSE IN FURTHERANCE OF and Motor Vehicle Safety Act of 1966, 15 lar routes, of “ waste” products for re­ RECOGNIZED P O L L U T IO N CO NTRO L PROGRAMS cycling or reuse in furtherance of recog­ U.S.C. 1392, 1401, 1403, and 1407, and delega­ At a General Session of the Interstate tion of authority from Secretary of Trans­ nized pollution control programs, be­ Commerce Commission, held at its office in portation to National Highway Traffic Safety tween all points in the United States (in­ Washington, D.C., on the 30th day of Sep­ Administrator, 49 CFR 1.51) cluding Alaska and Hawaii), subject to tember 1971. Issued on November 8,1971. certain terms, conditions, and restric­ After due investigation, it appearing that tions set forth in the certificate embodied the described carriers have complied with ai C h a r le s H . H a r t m a n , in paragraph (d) of this section. applicable provisions of the Interstate Com­ Acting Administrator. (b) Applications for a special certifi­ merce Act, and the requirements, rules, ana [PRDoc.71-16521 Filed 11-10-71:8:52 am] regulations prescribed thereunder, a . ’ cate. Motor carriers desiring to perform having complied with all the requireme operations pursuant to the special cer­ established by the Commission in its repo Chapter X— Interstate Commerce tificate of public convenience and neces­ in Ex Parte No. MC-85, are, therefore, en­ Commission sity set forth in paragraph (d) of this titled to. receive authority from this section must file with this Commission mission to engage in transportation in i _ SUBCHAPTER A— GENERAL RULES AND a sworn and notarized request (which state or foreign commerce as motor car > REGULATIONS may be in letter form) containing the fol­ and the Commission so finding: [Ex Parte No. MC-85] lowing: (1) The name and address of the It is ordered, That thé said carriers be.. they are hereby, granted this special « ^ PART 1062— SPECIAL REGULATIONS carrier’s representative to whom inquir­ cate of public convenience and necess FOR FOR-HIRE MOTOR CARRIERS ies may be made, (2) the designation of evidence of the authority of the holders to the carrier’s statutory agent for service of engage in transportation in 1¿otor ENGAGED IN THE TRANSPORTA­ process within, each of the States in or eign commerce as common carriers oy ms TION FOR RECYCLING OR REUSE through which operations are proposed to vehicle; subject, however, to such er ^ OF “WASTE” PRODUCTS IN FUR­ be conducted (Form BOC-3), (3) evi­ conditions, and limitations as ar ’ 0f may hereafter be, attached to the e ^ THERANCE OF RECOGNIZED POL­ dence of the carrier’s insurance coverage the privileges herein granted to LUTION CONTROL PROGRAMS carriers. Amii- At a general session of the Interstate 1 Report filed as part of the original It is further ordered, And is made a <•* tinn nf this certificate that the h Commerce Commission, held at its office document.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 RULES AND REGULATIONS 21597 thereof shall render reasonably continuous govern hunting on wildlife refuge areas and adequate service to the public in pursu­ Title 50— WILDLIFE AND generally which are set forth in Title 50, ance of the authority herein granted, and Code of Federal Regulations, Part 32, that failure so to do shall constitute sufficient and are effective through January 20, grounds for suspension, change, or revocation FISHERIES of this certificate as to any such holder. 1971. And it is further ordered, That the trans­ Chapter I— Bureau of Sport Fisheries C. E dw ard C a r l s o n , portation service to be performed by the said and Wildlife, Fish and Wildlife Regional Director, Bureau of carriers in interstate or foreign commerce Service, Department of the Interior Sport Fisheries and Wildlife. shall be as follows: Between all points as indicated in appro­ PART 32— HUNTING N o v em ber 3, 1971. priately filed tariffs in the transportation of [FR Doc.71-16450 Filed 11-10-71;8:47 am] “waste” products for recycling or reuse in Savannah National Wildlife the furtherance of recognized pollution con­ Refuge, Ga. trol programs. PART 33— SPORT FISHING Terms, Conditions, and L im itatio ns The following special regulation is issued and is effective on date of De Soto National Wildlife Refuge, The authority granted herein to the extent publication in the F ederal R egister Iowa and Nebr. that it duplicates any authority heretofore (11-11-71). granted to or now held by the said partici­ The following special regulation is ef­ pating carrier shall not be construed as con­ § 32.12 Special regulations; migratory fective on date of publication in the ferring more than one operating right. birds; for individual wildlife refuge F ederal R eg ister (11-11-71). Any motor carrier holding a contract car­ areas. rier permit authority in the transportation G eorgia § 33.5 Special regulations; sport fish­ of commodities similar to those authorized in ing; for individual wildlife refuge the above-described certificate for any of the SAVANNAH NATIONAL WILDLIFE REFTJGE areas. shippers participating in pertinent pollution control programs shall not be permitted to Public hunting of ducks, coots, and I o w a a n d N ebrask a transport the involved commodities for the snipe on the Savannah National Wild­ same shipper as a common carrier under the life Refuge, Ga., is permitted only on the DE SOTO NATIONAL WILDLIFE REFUGE authority granted herein. The right of the area designated by signs as open to hunt­ Sport fishing on the De Soto National Commission to impose in the future such ing. This open area, comprising 3,600 Wildlife Refuge, Iowa and Nebr., is per­ terms, conditions, or limitations as may be acres, is delineated on the map which is mitted on the lake area within the ref­ necessary to insure that any participating available at the refuge headquarters, carrier’s operations conform to the require­ uge. This open area, comprising 850 ments of the Interstate Commerce Act, in­ Hardeeville, S.C., and from the office of acres, is delineated on a map available cluding section 210 thereof, is hereby ex­ the Regional Director, Bureau of Sport at the refuge headquarters and from 'the pressly reserved. Fisheries and Wildlife, Peachtree- office of the Regional Director, Bureau To the extent that any eligible holder of Seventh Building, Atlanta, Ga. 30323. of Sport Fisheries and Wildlife, Federal this special certificate also holds a certificate Hunting shall be in accordance with all Building, Fort Snelling, Twin Cities, of registration issued by this Commission applicable State and Federal regulations Minn. 55111. Sport fishing is subject to and would become ineligible to operate pur­ covering the hunting of ducks, coots, and the following conditions: suant to that certificate of registration be­ snipe, subject to the following conditions; cause of multi-State operations authorized (1) All fishermen shall conform with by this special certificate, this special certi­ (1) Hunting will be permitted only on the regulations of the State in which ficate will authorize the continuation of the Thursdays, Fridays, and Saturdays, from they are properly licensed, either Iowa registered operations pursuant to the same one-half hour before sunrise to 2 p.m. or Nebraska, subject to more restrictive terms, conditions, or limitations embraced in during the period November 22, 1971, regulations that may be included herein. the certificate of registration. through January 20, 1972. Snipe hunt­ (2) Open season: Daylight hours Jan­ The authority granted herein does not au­ ing from December 11, 1971, through uary 1, 1972, through February 28, 1972, thorize the transportation of newly manufac­ January 20,1971. and 6 a.m. to 9 p.m., April 15, 1972, tured commodities or commodities not in the (2) Hunting will not be permitted in recycling process in furtherance of a recog­ through September 15, 1972. nized pollution control program. or on Front, Middle, and Back Rivers, (3) Trot lines and float lines are not The authority granted herein shall not nor closer than 50 yards to the shore­ permitted. hereafter be severed by sale or otherwise. line of these rivers. (4) Archery fishing is not permitted. By the Commission. (3) Hunters will not be permitted to (5) Digging or seining for bait is not enter the hunting area sooner than 1/2 permitted. (seal] R obert L. Oswald, hours before sunrise. Secretary. (6) No more than two lines with two (4) Guns must be unloaded while be­ hooks on each line may be used for (Secs. 204, 206, 207, 208, and 210; 49 Stat. 546, ing carried to and from the hunting fishing. as amended, 551, as amended, 552, as area, and shot size larger than No. 4 will (7) Motor or wind driven conveyances amended, 554, as amended; 49 U.S.C. 304, 306, not be permitted on the refuge. 307, 308, and 310) are not permitted on the lake during the (5) Only temporary blinds con­ period January 1 to February 28. It is further ordered, That this order structed of native materials are per­ (8) The use of boats, with or without shall become effective on December 15, mitted. Hunters must build their own J971, and shall continue in effect until motors, is permitted during the period blinds, furnish their own boats and April 15 to September 15. further order of the Commission. decoys. The provisions of this special regula­ And it is further ordered, That notice ( 6) Dogs used to retrieve waterfowl of this order shall be given to the general tion supplement the regulations which must be under complete control at all govern fishing on wildlife refuge areas Public by depositing a copy of this notice times. ® Office of the Secretary of the generally which are set forth in Title 50, (7) Before entering the hunting area Code of Federal Regulations, Part 33, commission at Washington, D.C., for hunters are required to obtain a permit Public inspection and by filing a copy and are effective through September 15, at the refuge check station located on 1972. thereof with the Director, Office of the U.S. Highway 17 at the Middle River Federal Register. J a m e s W . S a l y e r , bridge. All hunters must check out at Refuge Manager, De Soto Na­ By the Commission. the check station as soon as possible tional Wildlife Refuge, Mis­ after completing their hunt and must souri Valley, Iowa. [seal] R o bert L . O s w a l d , present all bagged game for inspection. Secretary. The provisions of this special regula­ N o v e m b e r 3,1970. [FR Doc.71-16498 Piled 11-10-71;8:51 am] tion supplement the regulations which [F R Doc.71-16451 Filed 11-10-71;8:47 am ]

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21598 RULES AND REGULATIONS PART 33— SPORT FISHING N ote: Provisions of this and subsequent the Cost of Living Council, or other com­ circulars are subject to clarification, revision, petent authority. Horicon National Wildlife Refuge, or revocation. Executive Order No. 11627 of Octo­ Wis. This 25th circular covers determina- ber 15, 1971, superseded Executive Order ciltions and policy statements by the No. 11615 of August 14, 1971. The new The following special regulation is is­ Council through November 10, 1971. Executive order contains no expiration sued and is effective on date of publica­ date, and section 1(a) states, in part: tion in the F ederal R eg ister (11—11—71). A p p e n d ix I Pending action under this order, and ex­ § 33.5 Special regulations; sport fish­ ECONOMIC STABILIZATION CIRCULAR NO. 25 cept as otherwise provided in section 202 of ing; for individual wildlife refuge 100. (1) On August 15, 1971, the Economic Stabilization Act of 1970, as Purpose. amended, prices, rents, wages, and salaries areas. President Nixon issued Executive Order W is c o n s in are stabilized effective as of August 16, 1971, No. 11615, as amended, providing for at levels not greater than the highest of those HORICON NATIONAL WILDLIFE REFUGE stabilization of prices, rents, wages, and pertaining to a substantial volume of actual Sport fishing on the Horicon National salaries, and establishing the Cost of transactions by each individual, business, firm, or other entity of any kind during the Wildlife Refuge, Mayville, Wis., is per­ Living Council, a Federal agency. The order delegated to the Council all of the 30-day period ending August 14,1971, for like mitted only on the areas designated by or similar commodities or services. If no signs as open to fishing. These open powers conferred on the President by the Economic Stabilization Act of 1970, as transactions occurred in that period, the areas, comprising 15 acres, are delineated ceiling wiU be the highest price, rent, salary, on maps available at refuge headquarters amended. The effective date of the order or wage in the nearest preceding 30-day pe­ and from the Office of the Regional Di­ was 12:01 a.m., August 16, 1971. riod in which transactions did occur. No rector, Bureau of Sport Fisheries and (2) By its Order No. 1, the Council person shall charge, assess, or receive, directly delegated to the Director of the Office or indirectly, in any transaction, prices or Wildlife, Federal Building, Fort Snelling, rents in any form higher than those per­ Twin Cities, Minn. 55111. Sport fishing of Emergency Preparedness authority to administer the program for the stabiliza­ mitted hereunder, and no person shall, di­ shall be in accordance with all applicable rectly or indirectly, pay or agree to pay, in State regulations subject to the follow­ tion of prices, rents, wages, and salaries any transaction, wages or salaries in any ing special conditions: as directed by section 1 of Executive Or­ form, or to use any means to obtain payment (1) The open season for sport fishing der No. 11615, as amended. of wages and salaries in any form, higher (3) Executive Order No. 11627 was is­ than those permitted hereunder, whether by on the refuge extends from Janu­ retroactive increase or otherwise. ary 1, 1972, through February 29, 1972, sued on October 15, 1971, to further im­ inclusive. plement the President’s stabilization 300. General guidelines. (1) The guid­ program. The order superseded Execu­ (2) Permit is required to take carp ance provided in this circular is in the tive Order No. 11615 of August 15, 1971, nature of additions to or clarifications for sale. but provided in section 13 that all orders, The provisions of this special regula­ of previous determinations and policy regulations, circulars, or other directives statements by the Cost of Living Council tion supplement the regulations which issued and all other actions taken pursu­ covered in previous OEP Economic Sta­ govern fishing on wildlife refuge areas ant to Executive Order No. 11615, as bilization Circulars. generally which are set forth in Title 50, amended, are hereby confirmed and rati­ (2 ) The numbering system used in this Part 33, and are effective through Feb­ fied, and shall remain in full force and circular corresponds to that used in OEP ruary 29, 1972. effect, as if issued under this order, unless Economic Stabilization Circulars Nos. R obert G. P e r s o n iu s , and until altered, amended, or revoked 101 and 102. Refuge Manager, Horicon Na­ by the Council or by such competent au­ 500. Wage and salary guidelines. tional Wildlife Refuge, May­ thority as the Council may specify. 502. Specific. (1) During the freeze, ville, Wis. (4) The purpose of this circular, the increases in the amount of paid vaca­ 25th in a series to be issued, is to furnish tion given to employees after they have N o v em ber 3,1971. further guidance to Federal officials and completed a specific length of employ­ [FR Doc.71-16459 Filed 11-10-71:8:47 am ] the public in order to promote the ment (e.g., an increase in vacation from program. 2 to 3 weeks upon completion of 10 years’ 200. Authority. (1) Relevant legal au­ service) may be credited to employee va­ thority for the program includes the cation accounts and may be used. Title 32A— NATIONAL DEFENSE, following: N ote: This subparagraph supersedes sub- The Constitution. paragraph 502(2) of OEP Economic Stabili­ APPENDIX Economic Stabilization Act of 1970, Public zation Circular No. 102. Law 91-379, 84 Stat. 799; Public Law 92-15, 504. Fringe "benefits. (1) Employers, as Chapter I— Office of Emergency 85 Stat. 38. part of the compensation for a particular Executive Order No. 11615, as amended, 36 Preparedness employees F.R. 15127, August 17, 1971. job, may issue stock options to rOEP Economic Stabilization Reg. 1, Cost of Living Council Order No. 1, 36 F.R. for the same number of shares as m the Circular No. 25] 16215, August 20, 1971. base period (adjusted, if necessary, for OEP Economic Stabilization Regulation No. stock splits and stock dividends) and SUPPLEMENTARY GUIDANCE FOR 1, as amended, 36 F.R. 16515, August 21, under the same terms and conditions. APPLICATION 1971. N ote: This subparagraph supersedes sub- Executive Order No. 11627, as amended, 36 paragraph 504(3) of OEP Economic Stabiliza­ Economic Stabilization Circular No. 25 F.R. 20139, October 16, 1971. tion Circular No. 101. This circular is designed for general (2) Because of the need for prompt 1001. Effective date. (1) This circular information only. The statements herein determinations, notice of proposed rule shall continue in full force and efl making and public procedure thereon are intended solely as general guides unless and until altered, amended, have been found to be impracticable and drawn from OEP Economic Stabilization revoked by the Cost of Living Councu contrary to the public interest. Regulation No. 1 and from specific de­ or by such competent authority as (3) The rules and guidelines estab­ Council may specify. terminations and policy statements by lished by regulation, order, directive or the Cost of Living Council and do not circular provisions for stabilization of Dated: November 10, 1971. G. A. L in c o l n , constitute legal rulings applicable to wages, prices, and rents will not expire Director, automatically on November 13. Changes cases which do not conform to the situa­ Office of Emergency Preparedness. tions clearly intended to be covered by will occur only through explicit action [FR Doc.71-16609 Filed 11- 10-71;2:48 pm] such guides. by the Pay Board, the Price Commission,

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21599 Proposed Rule Making

with a determinable weight meeting the ministration Building, Washington, D.C. DEPARTMENT OF AGRICULTURE maturity requirements for standard 20250, not later than 5 days after pub­ Consumer and Marketing Service raisins. Subject to prior agreement be­ lication of this notice in the F ederal tween handler and tenderer, any lot of R e g ist e r . All written submissions made [ 7 CFR Part 989 1 natural condition Thompson Seedless pursuant to this notice should be in raisins flailing within such limits would RAISINS PRODUCED FROM GRAPES have the weight credited as standard quadruplicate and will be made available GROWN IN CALIFORNIA raisins determined by multiplying the for public inspection at the office of the weight of raisins in the lot by the ap­ Hearing Clerk during regular business Proposed Additional Provisions for propriate dockage factor. The dockage hours (7 CFR 1.27(b)). Minimum Grade and Condition factor would reduce the creditable The proposal is as follows: Standards for Natural Condition weight of the lot by an amount ap­ Amend § 989.201 of Subpart— Supple­ Raisins proximately equal to the weight of the immature raisins to be removed from the mentary Orders Regulating Handling to Notice is hereby given of a proposal to lot to bring the remaining portion of the read: amend the minimum grade and condi­ lot up to the specified maturity tion standards for natural condition § 989.201 Changes in minimum grade requirement. Since this removal could and condition standards for natural Thompson Seedless raisins by the addi­ occur during normal processing, pro­ condition raisins. tion of provisions to permit handlers, ducers would not incur the costs for ***** subject to prior agreement between reconditioning. handler and tenderer, to acquire or re­ A. Thompson Seedless raisins. ceive lots of such raisins containing less Data collected by the inspection serv­ * * . * * * ice with respect to the maturity level than 45 percent but not less than 35 per­ 2. a. * * * of the 1971 production of natural condi­ cent, by weight, of B maturity, or better, b. Shall contain not less than 45 percent, raisins. Such additional provisions would tion Thompson Seedless raisins indicate by weight, of B maturity, or better, raisins continue in effect through the remainder that 15.15 percent of handler receipts (raisins showing development characteristic of the current 1971-72 crop year ending of such raisins have failed to meet the of raisins prepared from well-matured or reasonably well-matured grapes) and not August 31, 1972. The minimum grade minimum maturity requirement and are being held by handlers as off-grade rai­ more than 12 percent, by weight, of sub­ and condition standards are established standard raisins (raisins that show develop­ under, and this change would be made sins. Such receipts covered the period September 1 through October 23,1971. In ment less than that characteristic of raisins pursuant to, the marketing agreement, prepared from fairly well-matured grapes) : as amended, and Order No. 989, as the 1968-69, 1969-70, and 1970-71 crop Provided, That, for the 1971-72 crop year amended (7 CFR Part 989), regulating years, the percent of handler receipts of ending August 31, 1972, with respect to nat­ the handling of raisins produced from natural condition Thompson Seedless ural condition Thompson Seedless raisins raisins failing to meet minimum matu­ and subject to prior agreement between han­ grapes grown in California, hereinafter rity requirements were about 5.95 dler and tenderer, any lot containing less referred to collectively as the “ order” . than 45 percent, but not less than 35 per­ The order is effective under the Agricul­ percent, 4.67 percent, and 4.03 percent, respectively. cent, by weight of raisins having B maturity tural Marketing Agreement Act of 1937, or better, may be considered as meeting the as amended (7 U.S.C. 601-674), herein­ Handlers customarily process natural maturity requirement for handler acquisi­ after referred to as the “ act” . The pro­ condition Thompson Seedless raisins tion as standard raisins but the creditable posal was recommended by the Raisin into packed raisins to meet widely vary­ weight of the lot as standard raisins shall Administrative Committee, established ing market requirements and customer be that obtained by multiplying the total specifications. To meet these demands, weight of the lot by the appropriate dockage pursuant to the order. factor selected from the following table: The minimum grade and condition the handler normally has available many standards for natural condition raisins lots of standard raisins containing dif­ B Maturity Dockage are set forth in § 989.97 (Exhibit B) of ferent levels of maturity. Thus, by or Better Factor the order, as changed by § 989.201 of the blending various lots of standard raisins, 44.9— 44.5 ______. 989 Subpart—Supplementary Orders Regu­ the handler is able to pack raisins to 44.4- 44.0 ______, 978 lating Handling. meet the needs of his market. 43.9- 43.5 ______■ .967 As stated herein, excessive immature 43.4- 43.0 ------. 956 Section 989.201 requires, among other 42.9- 42.5 ______. 944 "¡ungs, that standard natural condition raisins in a lot can be removed during 42.4- 42.0 .------. 933 Thompson Seedless raisins contain not normal processing. However, since any 41.9- 41.5 ______.922 m + than 45 percent, by weight, of B such lot would be off-grade raisins un­ 41.4- 41.0 ______9 i i maturity, or better, raisins (raisins show- der current order requirements, it could 40.9— 40.5 ------; 90o uig development characteristic of raisins not be processed simultaneously with a 40.4- 40.0 ------. 889 prepared from well-matured or reason­ lot of standard raisins. The proposal 39.9— 39.5 ______. 878 39.4- 39.0 _____ 867 ably well-matured grapes). would amend the maturity standards for producer deliveries of natural condition 38.9- 38.5 ------.'856 38.4- ^38.0 .844 PiQUrSUan^ § 089.58(b) of the order, Thompson Seedless raisins to permit of would amend the-provisions 37.9- 37.5 ------.833 »89.201 with respect to maturity for handlers to acquire or receive as stand­ 37.4- 37.0 — s.------.822 ^aucer deliveries of natural condition ard raisins rather than as off-grade rai­ 36.9— 36.5 ______.811 sins, lots of such raisins in accordance 36.4- 36.0 ------, 800 Demil?8011 ®eedless raisins in order to with the maturity level as proposed to be 35.9— 35.5 _■______. 789 caiwT greater flexibility in their appli- modified herein. This would afford han­ 35.4- 35.0 ______.778 un<^er order. Under the pro- dlers greater flexibility in processing ***** T°t of natural condition raisins. raisins containing Dated: November 8,1971. Consideration will be given to any lessfh^ot5 Percent, by weight, but not written data, views, or arguments per­ A r t h u r E. B r o w n e , haviril o 5 Porcent, by weight, of raisins Acting Director, Fruit and Vege­ maturity. or better, could be taining to this proposal which are table Division, Consumer and C d w ? acceptable lot for received by the Hearing Clerk, U.S. De­ Marketing Service. er acQuisition as standard raisins partment of Agriculture, Room 112, Ad­ [P R Doc.71-16507 Piled 11-10-71;8:51 am ]

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21600 PROPOSED RULE MAKING 1966, the following shall be excluded from dents in taking maximum advantage of DEPARTMENT OF HEALTH, the eligible development cost: their education opportunity. ***** In no event wiE an exception be made EDUCATION, AND WELFARE (2) Except as provided for in para­ by the Commissioner pursuant to this graph (d) of this section, any cost in­ paragraph unless the appEcant produces Office of Education curred under a construction contract or evidence that the provisions of §§ 170.2, [45 CFR Part 1701 a contract for the purchase and installa­ i70.3, and 170.4 have been met and has tion of built-in equipment which was satisfied the Commissioner that the rea­ FINANCIAL ASSISTANCE FOR CON­ entered into before the date or concur­ sons for the appEcant not having secured STRUCTION OF HIGHER EDUCA­ rence by the Commissioner in the award the Commissioner’s advance concurrence TION FACILITIES of such contract. While such concurrence as provided for in § 170.7(c) (2) were not normally will be given only after a grant due to any unwillingness on the part of Notice of Proposed Rule Making or loan for a project has been approved, the appEcant to meet such conditions. Notice is hereby given in accordance circumstances occasionally may warrant Dated: September 16,1971. with 5 U.S.C. 553 to institutions of higher the beginning of construction in advance P eter P. M uir h e a d , education and other interested, parties of grant or loan approval in order to meet scheduled needs for expansion of enroll­ Acting U.S. Commissioner that the U.S. Commissioner of Educa­ of Education. tion, pursuant to the authority vested in ment capacity. In any such case, where him under section 306 of the Higher Ed­ an application for a project has been filed Approved: November 4,1971. ucation Facilities Act of 1963 (20 U.S.C, and the applicant can justify the neces­ E l l io t L. R ic h a r d s o n , 746), proposes to amend § 170.7 of Title sity of beginning construction in ad­ vance of the award of the grant or ap­ Secretary of Health, 45 of the Code of Federal Regulations by Education and Welfare. revising paragraph (c) (2) thereof proval of the loan, the Commissioner and adding to it a new paragraph (d ), so may, after an appropriate review of the [F R Doc.71-16467 Filed 11-10-71; 8:48 am] as to provide an exception to the exclu­ bidding documents, authorize bidding sion from eligible development costs of and concur in the award of the contract. any cost incurred under a construction However, such concurrence shall in no contract or a contract for the purchase way provide any advantage for the proj­ DEPARTMENT OF and installation of built-in equipment ect in priority determinations by a State which was entered into before the date of commission under Title I and shall in no way commit the Commissioner subse­ TRANSPORTATION concurrence by the Commissioner. The Federal Aviation Administration exception would be applicable in con­ quently to approve a grant or loan under nection with the consideration of appli­ any title for any such application. [ 14 CFR Part 71 1 cations for annual interest grants sub­ (d) With respect to applications for mitted under Subpart E of Part 170 of annual interest grants submitted under [Airspace Docket No. 71—SO—133] Title 45 of the Code of Federal Regula­ Subpart E, where the construction con­ TRANSITION AREA tions and would be authorized only under tract or contract for the purchase or in­ unusual circumstances where an appli­ stallation of built-in equipment was en­ Proposed Alteration tered into on or before July 1, 1966, an cant had entered into a contract for or The Federal Aviation Administration is had otherwise incurred a cost in con­ exception to the general rule set forth in paragraph (c) (2) of this section onsidering an amendment to Part 71 of nection with the construction of an aca­ he Federal Aviation Regulations tnat may be made by the Commissioner in un­ demic facility prior to the Commis­ yould alter the Hopkinsville, Ky., tran- sioner’s concurrence in the award of such usual cases where he finds that the appli­ cant is financially hard pressed and has lition area. contract or the incurrence of such costs, Interested persons may submit such and where the applicant can demon­ secured only short-term (not in excess of 5 years) financing of the academic mtten data, views or arguments as tney strate under criteria set forth iii the nay desire. Communications should oe amended regulation that it is financially facilities with respect to which the an­ nual interest grant is requested, which ubmitted in triplicate to the Federal hard pressed and that the facility with Aviation Administration, Southern Re­ respect to which an annual interest grant short-term financing must be replaced in don Air Traffic Division, Post Office Box is requested provides significant addi­ order to reduce the financial hardships, ¡0636, Atlanta, GA 30320. All c o m m u t­ tional enrollment capacity for dis- and where such academic facilities pro­ ations received within 30 days after pu - vantaged students. vide significant additional enrollment ication of this notice in the F edera Interested persons are invited to sub­ capacity for disadvantaged students. In making the foregoing findings the Com­ Re g ister will be considered before action mit written comments regarding the pro­ s taken on the proposed amendment. posed amendment to the Division of missioner will take into account : (1) The number of disadvantaged stu­ STo hearing is contemplated at tffis tim, Academic Facilities, Bureau of Higher >ut arrangements for informal coni Education, U.S. Office of Education, dents enrolled by the coEege and the per­ sices with Federal Aviation Admimstra centage of the total enrollment repre­ Washington, D.C. 20202, within 30 days Aon officials may be made by contacting sented by that number. after the date o f publication of this no­ he Chief, Airspace and ^ tice in the F ederai, R e g ist e r . Comments (2) The number of low-income fam­ Branch. Any data, views or a r g ^ ™ received will be available for public in­ ilies residing in the area served by the oresented during such conference spection in the Office of the Director of college and the average family income ilso be submitted in writing m accom the Division of Academic Facilities, Room in that area, ance with this notice in order to becom 3682, Regional Office Building No. 3, Sev­ (3) The immediacy of the coHege’s part of the record for consideration, enth and D Streets SW., Washington, need to obtain new financing, the avail­ proposal contained in this notice may DC, between the hours o f 8 a.m. and ability of financing from other sources, 4:30 p.m. and the effect of the burden of the pres­ changed in Ught of comments In its revised form, § 170.7 would read ent and proposed new financing on the The official docket will be availabl examination by interested persons a _ as follows: çoEege’s ability to continue serving dis­ advantaged students, Federal Aviation Administration, o § 170.7 Determination o f costs eligible (4) The number of disadvantaged stu­ ern Region, Room 724, 3400 Whipple for Federal participation. dents who benefit from the facilities for * * * * * Street, East Point, GA. , which the coEege is seeking financing, The Hopkinsville transition ar (c) For a project for which an appli­and cation is filed for the first time (under (5) The extent of programs offered by scribed in § 71.181 (36 F.R. 12843) would be amended as follows. any title of the Act) on or after July 1, the coEege to assist disadvantaged stu-

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 PROPOSED RULE MAKING 21(801

•< * * * long. 87°24'52" W .) * * * ” would airspace for radar vectoring of en route This provision, together with the require­ be deleted and “ * * * long. 87°24'52" W .); traffic to/from Pasco, Wash. ment of adherence to tariffs in section within a 6.5-mile radius of Hopkins ville- Christian County Airport (lat. 86#51'25" N., In consideration of the foregoing, the 403(b), prohibits air carriers from long. 87°27'25" W .); within 3 miles each side FAA proposes the following airspace bartering air transportation for goods or of the 081 ° bearing from Christian R BN (lat. action: services. However, acting under its ex­ 36°52'07" N., long. 87°22'18" W .), extending In § 71.181 (36F.R. 15113) the descrip­ emption powers, the Board has, in Part from the 6.5-mile-radius area to 8.5 miles tion of the Pasco, Wash, transiiton area 225 of the economic regulations, author­ east of the RBN * * * ” would be substi­ is amended as follows: ized local service and certain other cate­ tuted therefor. Add: “ * * * that airspace extending gories of carriers to exchange transporta­ The proposed alteration is required to upward from 1,200 feet above the surface, tion for advertising goods or services up provide controlled airspace protection southwest of Pasco, Wash., bounded on to maximum specified amounts for each for IFR operations at Hopkinsville- the north by the south edge of V-298, on category. This authority is now sched­ Christian County Airport. A prescribed the east by the west edge of V-112W and uled to expire on December 18, 1971. instrument approach procedure to this on the southwest by the northeast edge In December of 1969, when the Board airport, utilizing the Christian (private) of V-4.” extended the effectiveness of the trade agreement provisions of Part 225 to the Nondirectional Radio Beacon, is proposed This amendment is proposed under present expiration date, the Board deter­ in conjunction with the alteration of this the authority of section 307(a) of the mined to postpone a review of Part 225 in transition area. Federal Aviation Act of 1958, as amended light of the deteriorating financial con­ This amendment is proposed under the (49 U.S.C. 1348(a)), and section 6(c) of dition of the local carriers and attendant authority of section 307(a) of the Fed­ the Department of Transportation Act subsidy requirements.1 We then stated eral Aviation Act of 1958 (49 U.S.C. 1348 (49 U.S.C. 1655(c)). (a )) and of section 6(c) of the Depart­ that an extension for 2 years would al­ ment of Transportation Act (49 U.S.C. Issued at Seattle, Wash., on Novem­ low the carriers to plan effective long- 1655(c)). ber 2, 1971. range advertising programs without C. B. W a l k , Jr., unduly postponing the time for Board Issued in East Point, Ga., on Novem­ Director, Northwest Region. consideration of the need for trade agree­ ber 1, 1971. [FR Doc.71-16436 Filed 11-10-71;8:45 am] ments in the light of changing conditions J a m e s G . R ogers, in the industry. Director, Southern Region. It now appears that the considerations [FR Doc.71-16435 Filed 11-10-71:8:45 am] which underlay our action in ER-603 continue to prevail, and we are thus of CIVIL AERONAUTICS BOARD the tentative view that a further exten­ [ 14 CFR Part 71 I [1 4 CFR Part 225 1 sion of Part 225 for 2 years without modi­ fication is warranted at this time. [ Airspace Docket No. 71-NW-17] [Docket No. 23967; EDR-217] It is proposed to amend Part 225 of TRANSITION AREA AIRLINE TRADE AGREEMENTS the economic regulations (14 CFR Part 225), as follows: Proposed Alteration Proposed Extension of Time for 1. Amend paragraph (a) of § 225.2 to The Federal Aviation Administration Comments read as follows: is considering an amendment to Part 71 N ovember 5, 1971. § 225.2 Filing of notice of trade agree­ of the Federal Aviation Regulations that ments and cancellation o f such would alter the description of the Pasco, Notice is hereby given that the Civil agreement. Wash., Transition Area. Aeronautics Board has under considera­ tion an amendment to Part 225 of its (a) Notice of trade agreement. A n y Interested parties may participate in economic regulations which would extend airline may at any time prior to Decem­ the proposed rule making by submitting the part for an additional 2 years. The ber 18, 1973, file with the Board a notice such written data, views, or arguments amendment is discussed in the attached of its intention to furnish air transporta­ as they may desire. Communications explanatory statement. tion in exchange for services or goods for should be submitted in triplicate to the advertising purposes. Every such notice Chief, Operations, Procedures and Air­ The amendment is proposed under au­ thority of sections 204(a), 403, 404, and shall be accompanied by an executed space Branch, Northwest Region, Fed­ counterpart of a written agreement, con­ eral Aviation Administration, FAA 416 of the Federal Aviation Act of 1958, as amended, 72 Stat. 743, 758 (as amended taining all the terms of the agreement be­ Building, Boeing Field, Wash. 98108. All tween the parties thereto, duly entered communications received within 30 days by 74 Stat. 445), 760 and 771; 49 U.S.C. 1324, 1373, 1374, and 1386. into by such air carrier with the supplier, after publication of this notice in the and by an affidavit by the chief financial Federal R eg ister will be considered Interested persons may participate in the proposed rule making through sub­ officer or other responsible officer of the before action is taken on the proposed airline having knowledge of the transac­ amendment. No public hearing is con­ mission of twelve (12) copies of written data, views, or arguments pertaining tion in the form required by § 225.4. templated at this time, but arrangements Every such notice shall be filed at least for informal conferences with Federal thereto, addressed to the Docket Section, Civil Aeronautics Board, Washington, 14 days prior to the effective date speci­ Aviation Administration officials may be fied in the trade agreement. Within the jaade by contacting the Regional Air D.C. 20428. All relevant material in com­ meaning of this part, air transportation Traffic Division Chief. Any data, views, or munications received on or before No­ vember 29,1971, will be considered by the shall be deemed to be furnished when the arguments presented during such confer­ passenger is actually enplaned. ences must also be submitted in writing Board before taking final action upon the Jh accordance with this notice in order proposed rule. Copies of such communi­ ***** . become part of the record for con­ cations will be available for examination 2. Amend paragraph (a) of § 225.5 to sideration. The proposal contained in by interested persons in the Docket Sec­ read as follows: tion of the Board, Room 712, Universal his notice may be changed in the light § 225.5 Provisions of agreement. oi comments received. Building, 1825 Connecticut Avenue NW., A public docket will be available for Washington, D.C., upon receipt thereof. Each trade agreement entered into by By the Civil Aeronautics Board. an airline hereunder shall provide: examin&tion by interested persons in the (a) That it shall become effective on a office of the Regional Counsel, North­ [ s e a l ] H a r r y J. Z i n k , specified day, on or before January 1, west Region, Federal Aviation Adminis­ Secretary. 1974; tration, FAA Building, Boeing Field, E x p l a n a t o r y S t a t e m e n t ***** Seattle, Wash., 98108. [FR Doc.71-16502 Filed 11-10-71;8:53 am] Section 403 (a) of the Act requires that Proposed change in transition rates, fares and charges shown in any area would provide additional controlled tariff be stated in terms of lawful money. 1 ER-603, Dec. 30,1069, p. 3.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 No. 218—Pt. I------5 21602 PROPOSED RULE MAKING mum number of hours of operation, the Commission. Copies of these docu­ FEDERAL COMMUNICATIONS which paragraph (a) presently provides ments will be available for public in­ as “ 36 hours per week during the hours spection during regular business hours 6 a.m. to midnight, consisting of not less in the Commission’s Broadcast and COMMISSION than 5 hours in any one day, except Sun­ Docket Reference Room at its Head­ [ 47 CFR Part 73 ] day.” quarters in Washington, D.C. [Docket No. 19316] 2. This portion of § 73.261 was first Adopted: November 3, 1971. adopted effective January 3, 1956, by FM BROADCAST STATIONS amendment to then § 3.261. An earlier Released: November 5,1971. provision required at least 6 hours daily— Table of Assignments; Wisconsin F ederal C ommunications C o m m is s io n ,8 3 hours between 6 a.m. and 6 p.m. local B e n F. W a ple , Dells, Wis., etc.; Extension of Time time and 3 hours between 6 p.m. and Secretary. for Filing Comments and Reply midnight local time.1 Despite the fact Comments that FM has become economically more Section 73.261(a) is amended to read viable, we find that a number of stations as follows: In the matter of amendment of are operating at or near the minimum § 73.261 Time o f operation. § 73.202, Table of Assignments, FM permitted under the rule. When there are Broadcast Stations. (Wisconsin Dells, needs for more aural service in many (a) All FM broadcast stations will be Wis.; Ocean City, Md.; Pulton, Ky.; Cabo places, this appears hardly consistent licensed for unlimited time operation. Rojo, P.R.; Lobelville, Tenn.; Jackson­ with the public interest.2 All FM stations are required to main­ ville, Fla.; and Steamboat Springs, 3. In the circumstances, we believe tain an operating schedule of not less Colo.), Docket No. 19316, RM-1716, R M - that a minimum hours requirement for than 8 hours between 6 a.m. and 6 p.m., 1719, RM-1726, RM-1732, RM-1738, RM - FM more consistent with the public in­ local time, and not less than 4 hours 1745, RM —1749. terest, convenience, and necessity should between 6 p.m. and midnight, local time, 1. This proceeding was begun by notice each day of the week except Sunday. be adopted. To the extent that FM and ***** of proposed rule making (FCC 71-955) unlimited AM are alike, it would appear adopted September 8, 1971, released Sep­ that the same standard should apply in [FR Doc.71-16515 Filed 11-10~71;8:52 am] tember 13, 1971, and published in the both instances, and we propose to amend F ederal R eg ister September 18, 1971, 36 § 73.261(a) along the lines of § 73.71(a), F.R. 18661. The dates presently desig­ as set forth below. [ 47 CFR Parts 81, 83 1 nated for filing comments and reply com­ 4. In particular, it is our intention to [Docket No. 19343; FOC 71-1133] ments are November 1, 1971 and Novem­ have an FM station provide a propor­ ber 12, 1971, respectively. tionate part of its service in the 6 p.m. VESSEL BRIDGE-TO-BRIDGE 2. On October 28, 1971, Mel-Lin, Inc:, to midnight (local time) part of the RADIOTELEPHONE ACT filed a request to extend the time for broadcast day. In this connection, we Notice of Proposée! 'Rule Making filing comments to and including Novem­ consider both the general limited cover­ ber 9, 1971. It states that it has been ad­ age of full-time AM stations at night In the matter of amendment of Parts vised by its consulting engineer that the and the fact that many FM stations in 81 and 83 of the Commission’s rules to engineering statement now under prep­ smaller markets are affiliated with day­ implement the provisions of the Vessel aration cannot be completed to permit time-only AM stations. Bridge-to-Bridge Radiotelephone Act filing prior to the deadline date. 5. Authority for such action is set (Public Law 92-63), Docket No. 19343. 3. It appears that the additional time forth in sections 4 (i) and (j) and 303 (g) 1. The “Vessel Bridge-to-Bridge is warranted and would serve the public and (r) of the Communications Act of Radiotelephone Act” (Public Law 92-63) interest. Accordingly, it is ordered, That was approved August 4, 1971. The pur­ the request of Mel-Lin, Inc., is granted 1934, as amended. 6. Pursuant to applicable procedures pose of this Act is “ to provide a positive to and including November 9, 1971, for means whereby the operators of ap­ the filing of comments and November 19, set forth in § 1.415 of the Commission’s rules, interested parties may file com­ proaching vessels can communicate their 1971 for the filing of reply comments in intentions to one another through voice Docket No. 19316, RM-1745 only. ments on or before December 17, 1971, and reply comments on or before radio, located convenient to the opera­ 4. This action is taken pursuant to au­ December 28, 1971. All revelant and tor’s navigation station. To effectively thority found in sections 4(i) and 303(r) timely comments and reply comments accomplish this, there is a need for a spe­ of the Communications Act of 1934, as will be considered by the Commission cific frequency or frequencies dedicated amended, and § 0.281(d) (8) of the Com­ before final action is taken in this pro­ to the exchange of navigational informa­ mission’s rules and regulations. ceeding. In reaching its decision as to tion, on navigable waters of the United Adopted November 2, 1971. this rule of general applicability which States.” 2. The responsibility for implementing Released November 3, 1971. is proposed herein, the Commission may also take into account other relevant the provisions of this Act rests with the [ s e a l ] W allace E. Jo h n s o n , information before it, in addition to the U.S. Coast Guard and the Federal Com­ Chief, Broadcast Bureau. specific comments invited by this notice. munications Commission. This Commis­ sion’s area of responsibility is delineated [P R Doc.71—16514 Filed 11-10-71;8:52 am] 7. In accordance with the provisions in section 8 of the Act. Under this sec­ of § 1.419 of the Commission’s rules, an tion the Commission is charged with the original and 14 copies of all statements, [ 47 CFR Part 73 1 responsibility of prescribing “regulations briefs, or comments shall be furnished necessary to specify operating and tech­ [Docket No. 19347; FCC 71-1137] nical conditions and characteristics in­ TIME OF OPERATION OF FM STATIONS i From June 1940, when the FM minimum cluding . frequencies, emission, ana time requirement was first added, until 1948, power” af the required radiotelephone Notice of Proposed Rule Making one of the three hours in each segment had equipment. The standards finally to be nonduplicated programming. adopted by this Commission will be ap­ In the matter of § 73.261 of the Com­ a we have stated before that FM and AM plicable to all U.S. vessels (Government mission’s rules and regulations, time of are parts of a single broadcast service. See, and non-Govemment) subject to the a operation of FM stations; Docket No. e.g., Notice of Proposed Rule Making, etc. in as well as foreign vessels operating i 19347. Docket No. 18651, adopted September 4, 1969 (FOC 69-960; 34 F.R. 14386); see also Notice waters of the United States subject 1. The Commission here gives notice of Proposed Rule Making in Docket No. 15084, t/LxQ Act of proposed rule making concerning adopted May 15, 1963, paragraphs 15-17, 25 3. Set forth below is our proposal for § 73.261 of the Commission’s rules and R.R. 1615, 1622, 1623 (1969); and Cherokee carrying out the statutory responsibinty regulations, which deals with the time of Broadcasting Co., 17 FCC 2d 121 (1969), re­ versed on other grounds, 18 FCC 2d 488 operation of FM broadcast stations. We * Commissioner Johnson absent. are particularly concerned with the mini­ (1969).

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 PROPOSED RULE MAKING 21603 placed on this Commission by the Vessel § 81.356 Assignable frequencies In the Geneva, 1968 or, in cases of voyages of Bridge-to-Bridge Radiotelephone Act. band 156—162 Mc/s. short duration, as otherwise designated Specific and detailed technical specifica­ * * * * * by the Commission in accordance with tions for the transmitter and receiver are (b) * * * those regulations. included. Under the proposal the station (10) Primarily, ship to ship. On a sec­ (iii) Third category, These stations must be operated by a person holding ondary basis, available for coast to ship. maintain a service of eight hours per day at least a restricted radiotelephone oper­ Use of this frequency is limited exclu­ for public correspondence as designated ator permit. Portable equipment may be sively to navigational communications. in Appendix 12, Radio Regulations, Ge­ used; however, if portable equipment is neva, 1968 or, in cases of voyages of short . * * * * * used to fulfill the Bridge-to-Bridge re­ duration, as otherwise designated by the quirements then it must be continuously Commission in accordance with those associated with the vessel except in the PART 83— STATIONS ON SHIPBOARD regulations. case of foreign vessels subject to the Act. IN THE MARITIME SERVICES (iv) Fourth category. These stations To allow otherwise, would make in effec­ maintain a service of public correspond­ tive our inspection program. 1. In § 83.1, paragraph (a) is amended ence, the duration of which is prescribed 4. The proposed amendments to the to read as follows: but is less than that of stations of the rules, as set forth below, are issued pur­ § 83.1 Basis and purpose. third category, or is not prescribed but is suant to the authority contained in sec­ determined by the master of the vessel tions 4(i) and 303 (r) of the Communi­ (а) The basis for the rules following pursuant to his authority under section cations Act of 1934, as amended, and in this part is the Communications Act 360 of the Communications Act. section 8(a) of the Vessel Bridge-to- of 1934, as amended, the Vessel Bridge- (g) Limited ship station. A ship sta­ Bridge Radiotelephone Act. to-Bridge Radiotelephone Act, and appli­ tion not open to public correspondence. 5. Pursuant to applicable procedures cable treaties and agreements to which (h) Marine-utility ship station. A the United States is a party. set forth in § 1.415 of the Commission’s ship station, readily portable for use as rules, interested persons may file com­ * * * * * a limited ship station on mobile vessels ments on or before December 17, 1971, 2. In § 83.2, paragraph (o ), new sub- within a designated local area. and reply comments on or before Decem­ paragraphs (5) and (6) are added to read (i) Marine-utility coast station. A ber 28,1971. All relevant and timely com­ as follows: coast station, readily portable for use as a limited coast station at unspecified ments and reply comments will be con­ § 83.2 General. sidered by the Commission before final points ashore within a designated local action is taken in this proceeding. In * * * * * area. reaching its decision in this proceeding, (0) * * * (j) Marine-utility station. A coast or the Commission may also take into ac­ (5) Power-driven vessel. Any vesselship station in the maritime mobile serv­ count other relevant information before propelled by machinery. ice having a frequency assignment which it, in addition to the specific comments (б) Towing vessel. Any commercial is available for both marine-utility coast invited by this notice. vessel engaged in towing another vessel stations and marine-utility ship stations, and licensed under one station authori­ 6. In accordance with the provisions of astern, alongside or by pushing ahead. zation to operate as either a marine- § 1.419 of the Commission’s rules, an ***** utility coast station or a marine-utility original and 14 copies of all statements, 3. In §83.3, paragraphs (c), (d), (e), ship station according to its location, briefs, or comments filed shall be fur­ (f), (g), (h ), (i), and (j) are redesig­ pursuant to the provisions of paragraphs nished to the Commission. Responses will nated (d), (e), (f), (g), (h), (i), (h) and (i) of this section, at the time be available for public inspection dining (j), and (k), respectively, and new para­ it is being operated. regular business hours in the Commis­ graphs (c), (1), and (m) are added to sion’s Broadcast and Docket Reference read as follows: (k) Survival craft station. A mobile Room at its Headquarters in Washing­ station in the maritime or aeronautical ton, D.C. § 83.3 Maritime Mobile Service. mobile service intended solely for survi­ * * * * * val purposes and located on any lifeboat, Adopted: November 3, 1971. (c) Port Operations Service. A mari­ liferaft or other survival equipment. Released: November 8,1971. time mobile service in or near a port, or (l) Coast station. A land station in the maritime mobile service. F ederal C ommunications in locks or waterways, between coast sta­ (m) Bridge-to-bridge station. A ship C o m m is s io n ,1 tions and ship stations or between ship station operating in the Port Operations [ seal] B e n F . W a p l e , stations, in which messages are restricted Secretary. to those relating to the operational han­ Service in which messages are restricted dling, the movement and the safety of to navigational communications and ships and, in emergency, to the safety of which is capable of operation from the PART 81— STATIONS ON LAND IN persons. Messages which are of a public ship’s navigational bridge or, in the case THE MARITIME SERVICES correspondence nature shall be excluded. of a dredge, from its main control station (d) Mobile station. A station in the operating on frequency or frequencies in 1. In § 81.3, new paragraph (s) is mobile service intended to be used while the 156-162 MHz band. added to read as follows: in motion or during halts at unspecified § 83.6 [Amended] § 81.3 Maritime Mobile Service. points. 4. In § 83.6, paragraph (h) is deleted ***** (e) Ship station. A mobile station in the maritime mobile service located on and designated [Reserved]. . (s) Port Operations Service. A mari­ board a vessel, other than a survival 5. In § 83.46, a new paragraph (e) is time mobile service in or near a port, or craft, which is not permanently moored. added to read as follows: in locks or waterways, between coast (f) Public ship station. (1) A ship § 83.46 Application for inspection and stations and ship stations or between ship station open to public correspondence. stations, in which messages are restricted certification. (2) Public ship stations authorized for ***** to those relating to the operational han­ public correspondence are further classi­ dling, the movement and the safety of fied according to their hours of service (e) The FCC Forms specified in para­ ships and, in emergency, to the safety of as designated in this section: graphs (b ), (c), and (d) of this section Persons. Messages which are of a public (1) First category. These stations shall be used to apply for inspections of correspondence nature shall be excluded. carry on a continuous service for public bridge-to-bridge radio stations on board vessels which are also subject to the . 2-In § 81.356, paragraph (b) (10) is correspondence. is amended to read as follows: (ii) Second category. These stationsprovisions of the Vessel Bridge-to-Bridge maintain a service of 16 hours per day Radiotelephone Act. for public correspondence as designated 6. In § 83.49, a new paragraph (d) is 1 Commissioner Johnson absent. in Appendix 12, Radio Regulations, added to read as follows:

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21604 PROPOSED RUtE MAKING

§ 83.49 Application for exemption. telephone operator permit or higher paragraph (e) is added to read as ***** class of operator authorization. follows: (d) This Commission does not have 9. A new § 83.207 is added to read as § 83.368 Radiotelephone station log. statutory authority to issue exemptions follows : * * * * * from the provisions of the Vessel Bridge- § 83.207 Watch required by the Vessel (e) The log of the bridge-to-bridge to-Bridge Radiotelephone Act. Applica­ Bridge-to-Bridge Radiotelephone Act. station required by the Vessel Bridge-to- tions for exemption from the provisions Bridge Radiotelephone Act shall include of the Vessel Bridge-to-Bridge Radio­ All vessels, dredges, and floating plants subject to the Vessel Bridge-to-Bridge the following entries: telephone Act should be forwarded di­ (1) All radiotelephone distress and Radiotelephone Act shall, while being rectly to the Commandant, U.S. Coast alarm signals and communications trans­ Guard, Washington, D.C. 20591, for navigated upon the navigable waters of the United States, inside the lines estab­ mitted, the text in as complete form as action. lished pursuant to section 2 of the Act possible of distress messages and distress 7. In § 83.115, paragraph (c) isof February 19, 1895 (28 Stat. 672), as communications, and any information amended and a new paragraph (e) is amended, keep a continuous and efficient connected with the radio service which added, to read as follows: watch on the designated navigational may appear to be of importance to mari­ time safety, together with the time of § 83.115 Retention o f radio station logs. frequency. Such watch shall be main­ tained by the master or person in charge such observation or occurrence, the fre­ * * * * * of the vessel or the person designated by quencies used, and the position of the (c) Ship station logs shall be fullythe master or person in charge to pilot ship or other mobile unit in need of as­ completed at the end of each voyage and or direct the movement of the vessel. sistance if this can be determined. before the operator(s) (or other per­ The person standing watch may perform (2) The times when the required watch son (s) responsible under the applicable other duties provided such other duties is begun, interrupted, and ended. When provisions of this part) leave the ship. do not interfere with the effectiveness the required watch is interrupted for Unless otherwise authorized by the ap­ of the watch. Any reason the reason for such interrup­ plicable provisions of this part, the radio 10. A new § 83.251 is added to read as tion shall be stated. (3) A daily statement concerning the log currently in use shall be kept by the follows : licensed operator(s) of the station and operating condition of the requiréd ra­ during use shall be located at the prin­ § 83.251 Bridge-to-bridge communica­ diotelephone equipment, as determined cipal radio operating room of the vessel. tion procedure. by either normal communication or test At the conclusion of each ocean voyage (a) Vessels, dredges, and floating communication. Where the equipment terminating at a port of the United States plants subject -to the Vessel Bridge-to- is found not to comply with the appli­ (includes Puerto Rico, and Virgin Is­ Bridge Radiotelephone Act transmitting cable provisions of this part, the log lands), the original radio log (or a on the designated navigational fre­ shall contain a statement as to the time duplicate thereof) dating from the last quency shall initiate all communications the condition was discovered and the departure of the vessel from a U.S. port on this frequency with one of the follow­ time it was brought to the master’s shall be retained under proper custody ing two messages: attention. on board the vessel for a sufficient period (1) Security, Security, Security. This (4) Pertinent details of all installa­ of time (not more than 24 hours) to be is the (name of vessel). My position is tion, service, or maintenance work per­ available for inspection by duly author­ (give readily identifiable position and, formed which may affect the proper op­ ized representatives of the Commission. if useful, course and speed) about to eration of the station. The entry shall be After retention on board the vessel as (describe contemplated action). made, signed, and dated by the respon­ herein stipulated, the original log (and (2) Calling the vessel ------_ miles sible licensed operator who supervised or the duplicate log if provided) may be (yards) on a true bearing o f ------performed the work, and unless such op­ filed at an established shore office of the This is the (name of vessel) located at erator is employed on a full-time basis station licensee, and shall be retained (position of vessel) planning to ------and his operator license is properly as stipulated by paragraph (a) of this (b) Vessels acknowledging receipt posted at a station on board the ship, section. shall answer “ (Name of vessel calling). such entry shall include his mail address * * * * * This is (Name of vessel answering). Re­ and the class, serial number, and ex­ (e) The log of the bridge-to-bridgeceived your call” and follow with an piration date of his operator license. station shall be retained at the principal indication of their intentions. Communi­ (f ) The log of ship radiotelephone sta­ operating position of the bridge-to- cations shall terminate when each ship tions not required by law to be provided bridge station on board the vessel for is satisfied that the other no longer shall include the following entries: a period of not less than 1 month from poses a threat to its safety. (1) The entries specified by subpara­ the date of entry. After the 30-day period (c) Use of power greater than 1 watt graph (1) of paragraph (d) of this the log may be removed from the bridge- in a bridge-to-bridge station shall be section; to-bridge station and be filed at a place limited to the following three situations: (2) The entries specified by subpara­ where it will be readily available to an (1) Emergency. graphs (2) and (10) of paragraph (b) authorized representative of the Com­ (2) Failure of the vessel being called of this section. mission upon request, and shall be re­ to respond to a second call at low (g) The log of marine utility stations tained as stipulated by paragraph (a) of power; on board ships shall include the entry this section. (3) A broadcast call as in para­ specified by subparagraph (10 of para­ graph (a) (1) of this section in a blind graph (b) of this section. 8. A new § 83.158 is added to read assituation, e.g., rounding a bend in a river. follows: 12. A new Subpart X is added to read 10. In § 83.351, paragraph (b) (59) is as follows: § 83.158 Qualified operator required for amended to read as follows: Subpart X— Radiotelephone Station s ships, subject to Radiotelephone Act. § 83.351 Frequencies available. Each ship of the United States which * * * * * Provided for Compliance W ith the Vessel Bridge-to-Bridge R a d io te le ­ in accordance with the provisions of the (b) * * * Vessel Bridge-to-Bridge Radiotelephone (59) Primarily, ship to ship. On a phone Act Act is equipped with a radiotelephone secondary basis, available for ship to § 83.701 Applicability. installation, shall have a qualified oper­ coast. Use of this frequency is limited The vessel Bride-to-Bridge Radio tele­ ator at all times in attendance at the exclusively to navigational communica­ phone Act and the regulations of this principal operating position of the re­ tions. quired bridge-to-bridge station while the * * * * * part made pursuant thereto, apply to: watch is required. Such operator shall, 11. In § 83.368, paragraphs (e) and (f) (a) Every power-driven vessel of 30 as a minimum, hold a restricted radio­ are redesignated (f ) and (g) and a new gross tons and upward while navigating,

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER T l, 1971 PROPOSED RULE MAKING 21605

(b) Every vessel of 100 gross tons and § 83.711 Principal operating position. § 83.351(a) (5) ; in the case of nonporta­ upward carrying one or more passengers The principal operating position of the ble installations, it shall be connected to for hire while navigating; vessel’s bridge-to-bridge station shall be the antenna system specified by § 83.719. (c) Every towing vessel of 26 feet or the vessel’s navigational bridge or, in (b) The receiver referred to in para­ over in length, measured from end to end the case of dredges, its main control sta­ graph (a) of this section shall be capable over the deck excluding sheer, while nav­ tion. If the radiotelephone installation of efficient operation when energized by igating; and can be operated from any location other the bridge-to-bridge energy source. (d) Every dredge and floating plant than the principal operating position, a (c) The receiver referred to in para­ engaged, in or near a channel or fair­ direct and positive means shall be pro­ graph (a) of this section shall comply way, in operations likely to restrict or vided at the principal operating position with the following technical require­ affect navigation of other vessels. to take immediate and full control of the ments: installation at all times (1) The frequency stability shall be § 83.703 Bridge-to-bridge station. within 0.001 percent; Vessels subject to the Vessel Bridge- § 83,713 Bridge-to-bridge transmitter. (2) The usable sensitivity shall be 0.5 to-Bridge Radiotelephone Act shall be (a) The transmitter referred to in microvolt, maximum, for nonportable re­ provided with a bridge-to-bridge station § 83.709 shall be capable of effective ceivers, and 1.0 microvolt, maximum, for comprising a bridge-to-bridge radiotele­ transmission of F3 emission on the navi­ portable receivers; phone installation and such accessories gational frequency specified in § 83.351 (3) The adjacent channel selectivity as may be needed to enable the vessel to ( a ) (5). and desensitization shall be 70 db, mini­ participate fully, efficiently, and readily (b) Each nonportable transmitter mum, for nonportable receivers, and 40 in navigational communications. This re­ shall have a carrier power of at least 8 db, minimum, for portable receivers ; quired radiotelephone installation shall watts. Each portable transmitter shall (4) The modulation acceptance band­ be associated continuously with the ship have a carrier power of at least 0.75 width shall be ±7 kHz, minimum; even though a portable installation is watt. Each nonportable transmitter, and (5) Spurious response attenuation used: Provided, however, Foreign vessels each portable transmitter having more shall be 85 db, minimum, for nonportable coming in U.S. waters where a bridge- than 1-watt carrier power, shall have receivers and 50 db, minimum, for port­ to-bridge station is required may fulfill provision for readily reducing the carrier able receivers; this requirement by use of portable power to a value not less than 0.75 watt (6) The intermodulation spurious re­ equipment brought on board by the pilot. and not more than 1 watt. The maximum sponse attenuation shall be as follows: § 83.705 Inspection of bridge-to-bridge power of all transmitters shall be not more than 25 watts. Minimum requirement: station. Desired input microvolts, Intermodulation spurious (c) The transmitter shall be adjusted signal reference level at _ response attenuation The required bridge-to-bridge radio­ so that the transmission of speech nor­ receiver input terminals •— ------—— --- —— telephone station will be inspected on mally produces peak modulation within Nonportable Portable vessels subject to regular inspections the limits 75 percent and 100 percent. pursuant to the requirements of title At usable sensitivity of (d) A nonportable transmitter shall be receiver______60 dB 40 dB in, parts I I and HE of the Communica­ considered as capable of complying with 26 dB above usable sensi­ tions Act, the Safety Convention or the tivity of receiver:...... 43 dB ------the power output requirement specified 46 dB above usable sensi- . , Great Lakes Agreement at the time of in paragraph (b) of this section when: tivity of receiver______30 d B ...... the regular inspection. I f after such in­ (1) The transmitter is capable of being spection the Commission determines that adjusted for efficient use with an actual (7) Audio frequency response shall be all relevant provisions of the Bridge-to- ship station transmitting antenna meet­ as follows: Bridge Radiotelephone Act, the rules of ing the requirements of § 83.719; and the Commission made pursuant thereto (i) In nonportable receivers normally (2) The transmitter has been demon­ used with a loudspeaker it shall not vary and the station license are complied with, strated, or is of a type which has been an endorsement will be made on the ap­ more than +2 to —8 db from a stand­ demonstrated, to the satisfaction of the ard 6 db per octave deemphasis curve propriate document. The validity of the Commission as capable, with normal endorsement will run concurrently for over the frequency range 300 to 3000 operating voltages applied, of delivering Hz; the period of the regular inspection. Each not less than 8 watts of carrier power vessel so inspected shall carry a certifi­ (ii) In nonportable receivers normally into 50 ohms effective resistance on the used with a headphone or to feed a line cate with a valid endorsement while sub­ navigational frequency specified in it shall not vary more than - fl to —3 ject to the Bridge-to-Bridge Act. All § 83.351(a) (5 ): Provided, however, That db from a standard 6 db per octave de­ other required bridge-to-bridge stations an individual demonstration of the power will be inspected from time to time. emphasis curve over the frequency range output capability of the transmitter, with 300 to 3000 Hz. The reference frequency the radiotelephone installation normally §83.709 B rid g e-to -b rid g e radiotele­ shall be 1000 Hz. phone installation. installed on board ship, may be required whenever in the judgemen of the Com­ (iii) In portable receivers it shall not (a) The bridge-to-bridge radiotele­ mission this is deemed necessary. vary more than +2 to —8 db from a phone installation required by § 83.703 standard 6 db per octave deemphasis shall include a transmitter, receiver, an­ (e) Portable transmitters shall be curve over a frequency range of 300 to certified by the manufacturer to comply tenna, and source of energy. 3000 Hz. The reference frequency shall with the applicable provisions of this part (b) Use of the bridge-to-bridge trans­ be 1000 Hz. (This certification may be included in the mitter on the navigational frequency (iv) In receivers intended to operate shall be restricted to the master or per­ application for type acceptance required with special devices, such as selective son in charge of the vessel, or the per­ under § 83.140.): Provided, however, That signaling apparatus, it shall be adequate son designated by the master or person an individual demonstration of the com­ to assure proper operation of the specific in charge to pilot or direct the movement munication capability of the transmitter apparatus, in addition to the response of the vessel. Communications shall be may be required whenever, in the judge­ required by subdivision (i), (ii), or (iii) of a navigational nature exclusively. of this subparagraph, as appropriate. Nonportable equipment, when ment of the Commission, this is deemed necessary. (d) The technical characteristics for used, shall be arranged to facilitate re­ receivers as specified in paragraph (c) pair. Adequate protection shall be pro­ § 83.715 Bridge-to-bridge receiver. of this section, and other terms used in vided for all equipment against the ef­ (a) The receiver used for maintaining specifying these characteristics are de­ fects of vibration, moisture, and temper­ the watch required by § 83.207 shall be fined and measured as follows: ature, as well as such excessive currents capable of effective reception of class F3 (1) The terms “standard input signal and voltages as might cause damage to emission (emission designator 16F3) on source” and “input microvolts,” as used the components thereof. the navigational frequency specified in in this section, are defined as follows: A

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21603 PROPOSED RULE MAKING standard input signal source is a cali­ to the receiver is specified as the usable (7) Spurious response attenuation is brated radio frequency signal generator, sensitivity of the receiver. However, if at the ability of a radio receiver to distin­ together with any associated output least 50 percent of the rated audio out­ guish between a specified, desired signal transmission line and connectors. (Such put power is not being produced, the radio and an undesired signal at any other a system used for testing nonportable re­ frequency input signal must be increased frequency to which it is also responsive. ceivers has a total resistance (internal until 50 percent of the rated audio out­ The following test procedure is used: resistance of the generator plus resist­ put power is obtained; in this case, the An unmodulated standard input signal ance of the transmission line) equal to value of input microvolts needed to pro­ source is connected to the receiver input 50 ohms. For portable receivers, the in­ duce 50 percent of the rated audio out­ terminals. The receiver output terminals ternal impedance of the signal generator put power is specified as the usable are connected to a matched, resistive is equal to the input impedance of the sensitivity. load and an output indicator. The re­ receiver at the antenna terminal or is (5) Adjacent channel selectivity and ceiver volume control is adjusted until built out to this impedance with an ex­ desensitization is a measure of the ability 25 percent of rated audio frequency ternal resistor.) Its output voltage is of a radio receiver to receive a desired, power output is achieved (noise). Then, measured across the output terminals of modulated signal in the presence of un­ the attenuator of the signal generator the system when they are open-circuited. desired, modulated signals differing in is adjusted for the minimum amount of One-half of the open-circuit output frequency from the desired signal by the signal to produce 20 dB of noise quieting voltage so measured is called “input width of one radio frequency channel (audio noise output power reduction). microvolts” to the receiver when the in­ (25 kHz in the maritime services in the The signal generator frequency is then put terminals of the receiver are con­ band 156-162 M H z). It is the ratio, ex­ varied over the continuous frequency nected to the system. Unless otherwise pressed in db, of the power of the un­ range from the lowest radio frequency specified, the frequency of the generator desired signal to the power of the desired amplified in the receiver to 1000 MHz is adjusted to the center frequency of signal at which the SINAD ratio is de­ and all responses are noted. (Harmonics the channel on which the receiver is graded from 12 db to 6 db in the follow­ of the signal generator and frequencies intended to operate. A standard input ing test procedure: The receiver output between the adjacent channels are ex­ signal source cannot be used on receivers is terminated in a matched, resistive load, cluded.) The ratio of the signal gen­ which are not provided with an external provided with an output indicator.'Two erator voltage required to produce 20 dB antenna connection. signal generators are equally coupled to of noise quieting at any spurious response (2) The term SIN AD as used in" this the receiver input terminals through a frequency to the signal generator volt­ section is defined as follows: The term suitable matching network. Signal gen­ age required to produce 20 dB of noise SINAD is an abbreviation for “signal plus erator number 1, modulated ±3.33 kHz quieting at the receiver resonant fre­ noise plus distortion to noise plus dis­ at 1000 Hz, is set up in the manner de­ quency, expressed in dB, is the receiver’s tortion ratio,” expressed in db, normally scribed in subparagraph (2) of attenuation of the spurious response. The measured at the audio output terminals this paragraph (for determining the us­ spurious response requiring the least of a radio receiver. It is a measure of able sensitivity of the receiver). Signal signal input to produce 20 dB of noise audio output signal quality for a given generator number 2, modulated ±3.3 quieting is used in specifying the re­ receiver audio power output level. kHz at 400 Hz, is then turned on and ceiver’s spurious response attenuation. tuned first to the high, then to the low (3) Frequency stability of a radio re- ' (8) Intermodulation spurious response adjacent channel. Its signal level as pro­ attenuation is a measure of the ability ceiver is a measure of its ability to re­ vided to the receiver input terminals is main timed to a specified desired radio of a radio receiver to receive a desired adjusted until the SINAD is 6 db. The signal in the presence of two interfering channel or frequency, and is the maxi­ adjacent channel selectivity is the ratio, mum excursion of the resonant frequency signals so separated in frequency from in db, of the amplitude of signal number the desired signal and from each other of the receiver from the center frequency 2 to signal number 1. If the ratios for the of the channel on which the receiver is that Nth order mixing of the interfering high side and low side adjacent chan­ signals can occur in nonlinear elements intended to operate. The receiver fre­ nels are different, the smaller ratio is quency stability is expressed either as a of the receiver, producing a third signal specified. having a frequency equal to that of the percentage, or in parts per million, with (6) Modulation acceptance bandwidth reference to the center frequency of the desired signal. The following test pro­ channel on which the receiver is in­ is a measure of the frequency deviation cedure is used: With the output of the of a received signal which a radio re­ tended to operate. The frequency stabil­ receiver terminated in a matched, re­ ity is measured with variation in primary ceiver will accept, without excessive sistive load with an output indicator, supply voltage over the range from 85 degradation, at a radio frequency input three signal generators are equally percent to 115 percent of the rated value signal level 6 db greater than its meas­ Signal generator No. 1 is modulated at and over the ambient temperature range ured usable sensitivity. The following coupled to the receiver input terminals from —20° to +50° centigrade. test procedure is used: A standard input through a suitable matching network. signal source is connected to the input 1000 Hz at ±3.33 kHz frequency devia­ (4) The usable sensitivity of a radio terminals of the receiver. The signal tion; signal generator No. 2 is unmodu­ receiver is the minimum value of modu­ generator, adjusted to the receiver reso­ lated; and signal generator No. 3 is lated radio frequency input signal which nant frequency, is set for 1,000 input modulated at 400 Hz at ±3.33 kHz fre­ will produce at least 50 percent of the re­ microvolts to the receiver, 1000 Hz modu­ quency deviation. With signal genera­ ceiver’s rated audio frequency power out­ lation, with frequency deviation ±3.33 tors No. 2 and No. 3 turned off, the fre­ put with a 12 db SINAD under the fol­ kHz. Connected to the receiver output quency of signal generator No. 1 is set lowing test Conditions: A standard input are a matched, resistive load, an output to the center frequency of the radio signal source is connected to the input indicator, and a distortion meter incor­ channel on which the receiver is intended terminals of the receiver, with 1000 input porating a 1000 Hz, band elimination to operate, and the output adjusted for microvolts to the receiver, and 1000 Hz a value of input microvolts to the re­ modulation at ±3.33 kHz frequency de­ filter. These conditions being achieved, ceiver equal to the measured usable sen­ viation. Connected to the receiver output the receiver volume control is adjusted sitivity of the receiver. Signal generator terminals are a matched, resistive load, for 10 percent rated power output, after No. 2 is now set to the adjacent channel an output indicator and a distortion which the attenuation of the input signal above the desired frequency and signal meter incorporating a 1000 Hz, band is adjusted until the SINAD is 12 db. The generator No. 3 is set to the alternate elimination filter. These conditions being radio frequency input signal to the re­ ceiver is then increased 6 db, and the channel above the desired frequency. achieved, the receiver volume control is Signal generators No. 2 and No. 3 shorn adjusted for rated power output, after frequency deviation is increased until be on the same side of the desired ire- which the attenuation of the input sig­ the SINAD is again 12 db. The frequency quency. The equivalent outputs of signai nal is adjusted until the SINAD is 12 db. deviation which exists under this final No further adjustment of the volume generators No. 2 and No. 3 are tained at equal levels and these lev® control is to be made. Under these con­ condition is the modulation acceptance ditions, the value of the input microvolts bandwidth. are increased until the SINAD is 6 dB.

FEDERAL REGISTER, VOL. 36, NO. 2 T 8— THURSDAY, NOVEMBER 11, 1971 PROPOSED RULE MAKING 21S07

The frequency of signal generator No. 3 § 83.719 Bridge-to-bridge antenna sys­ Sec. is adjusted slightly to produce the maxi­ tem. 436.1 The Rule. 436.2 Definitions. mum interfering signal before the final An antenna shall be provided for measurement is made. The ratio of the nonportable bridge-to-bridge radiotele­ Au th o r ity: The provisions of this Part signal from signal generators No. 2 and 436 issued under 38 Stat. 717, as amended; 15 phone installations, in accordance with U.S.C. 41-58. No. 3 to the signal from signal generator the applicable requirements of § 83.107, No. 1, expressed in dB, is the measure of which, is as nondirectional and as effi­ § 436.1 The Rule. intermodulation spurious response at­ cient as is practicable for the reception In connection with the advertising, tenuation. The test is repeated twice, of radio groundwaves. The construction first with the output of signal generator offering, contracting, sale, or other and installation of this antenna shall be promotion of any franchise in commerce, No. 1 adjusted for “input microvolts” to such as to insure, insofar as is practi­ the receiver 26 dB above usable sensi­ as “commerce” is defined in the Federal cable, proper operation in time of an Trade Commission Act, it is an unfair tivity and again with the output of signal emergency. generator No. 1 adjusted for “input method of competition and an unfair or microvolts” 46 dB above usable sensi­ § 83.721 Antenna radio frequency indi­ deceptive act or practice within the tivity, respectively. cator. meaning of section 5 of that Act: (9) Audio frequency response of a Effective January 1,1974, each bridge- (a) To fail to furnish any prospective radio receiver denotes the degree of close­ to-bridge transmitter shall be equipped franchisee with all of the following in­ ness to which the audio output follows a with a device which will provide visual in­ formation, in a clear, permanent, and 6 dB per octive deemphasis curve with dication whenever the transmitter is sup­ straight-forward form, at the time when constant frequency deviation over a given plying power to the antenna. contact is first established between such continuous frequency range. Test pro­ prospective franchisee and the fran­ cedure is as follows: A standard input § 83.723 Name plate. chisor or its representative: signal source providing input microvolts A durable name plate shall be (1) The trade name(s) or trade­ of 1000, modulated at 1000 Hz with mounted on the required radiotelephone m ark^) under which the franchisor and ±3.33 kHz frequency deviation is con­ transmitting and receiving equipment or the prospective franchisee will be doing nected to the receiver input terminals. shall be made an integral part thereof. business; the official name(s) and ad­ The receiver output is terminated in a When the transmitter and receiver com­ dressees) and principal place (s) of busi­ matched, resistive load and an output prise a single unit, one name plate shall ness of the franchisor, the parent firm or indicator. The receiver volume control is be sufficient. The name plate shall show holding company of the franchisor, if adjusted for 50 percent of rated power at least the name of the manufacturer any, all affiliated companies that will audio frequency power output. The mod­ and the type or model number. engage in business with the franchisees, ulation is then reduced to ±1 kHz, and and all companies which employ the § 83.725 Test of radiotelephone installa­ franchise salesmen (if they are not em­ with frequency deviation held constant tion. at this value, the modulating frequency ployed by the franchisor itself). is varied from 300 to 3000Hz and the Unless the normal use of the required (2) A factual description of the fran­ audio frequency output is noted. radiotelephone installation demonstrates chise offered or to be sold. that the equipment is in proper operat­ (3) The business experience stated §83.717 Bridge>to-Bridge source o f ing condition, a test communication for energy. individually, of each of the franchisor’s this purpose shall be made by a quali­ directors, stockholders owning more than (a) There shall be readily available for fied operator each day the vessel is navi­ 10 percent of the stock, and the chief use under normal load conditions, at all gated, When this test is performed by a executive officers for the past 10 years; times when required by the Vessel person other than the master and the and biographical data concerning all Bridge-to-Bridge Radiotelephone Act, equipment is found not to be in proper such persons. including times of inspection of the ship’s operating condition, the master shall be bridge-to-bridge station by a Commis­ promptly notified thereof. (4) The business experience of the franchisor, including the length of time sion representative, a source of energy [FR Doc.71-16516 Filed 11-10-71;8:52 am] the franchisor has conducted a business sufficient to simultaneously energize the bridge-to-bridge transmitter at its re­ of the type to be operated by the fran­ quired antenna power, and the bridge- chisee; has granted franchises for such business; and has granted franchises in to-bridge receiver. Underbids load con­ other lines of business. dition the potential of the source of FEDERAL TRADE COMMISSION energy at the power input terminals of E 16 CFR Part 436 ] (5) Where such is the case, a state­ the bridge-to-bridge radiotelephone in­ ment that the franchisor or any of its stallation shall not deviate from its rated DISCLOSURE REQUIREMENTS AND directors, stockholders owning more than potential by more than 10 percent on PROHIBITIONS CONCERNING 10 percent of the stock, or chief execu­ vessels completed on or after March 1, FRANCHISING tive officers: 1957, nor by more than 15 percent ori (i) Has been held liable in a civil ac­ vessels completed before that date. Notice of Public Hearing and Oppor­ tion, convicted of a felony, or pleaded (b) When the source of energy for a tunity To Submit Data, Views or nolo contendere to a felony charge, in any nonportable bridge-to-bridge radiotele­ Arguments case involving fraud, embezzlement, phone installation consists of or includes fraudulent conversion, or misappropria­ batteries, they shall be installed as high Notice is hereby given that the Fed­ tion of property; or above the bilge as practicable, secured eral Trade Commission, pursuant to the (ii) Is subject to any currently effec­ against shifting with motion of the ves­ Federal Trade Commission Act, as tive injunctive or restrictive order or sel, and accessible with not less than 10 amended, 15 U.S.C. 41, et seq., the provi­ ruling relating to business activity as a inches headroom. sions of Part 1, Subpart B of the Com­ result of action by any public agency or (c) Means shall be provided for ade­ mission’s procedures and rules of prac­ department; or quately charging any rechargeable bat- tice, 16 CFR 1.11, et seq., and section 553 (iii) Has filed bankruptcy or been as­ wies used in the vessel’s bridge-to- of the Administrative Procedure Act, has sociated with management of any com­ rat^°tetephone installation. There initiated a proceeding for the promulga­ pany that has been involved in bank­ hall be provided a device which, dur­ tion of a Trade Regulation Rule con­ ruptcy or reorganization proceedings; or ing charging of the batteries, will give cerning franchising. (iv) Is or has been a party to any continuous indication of the rate and Accordingly, the Commission proposes cause of action brought by franchisees Poianty of the charging current. the following Trade Regulation Rule: against the franchisor.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21608 PROPOSED RULE MAKING

Such statement shall set forth the iden­ allows the franchisee to sell, lease, assign, formation not required by this section tity and location of the court, date of or otherwise transfer his franchise, or or required by State law. The statement conviction or judgment, any penalty im­ any interest therein. shall carry a distinctive and conspicuous posed or damages assessed, and the date, (17) A statement whether, by the cover sheet with the following notice nature, and issuer of each such order or terms of the franchise agreement or other (and no other) imprinted thereon in ruling. device or practice, the franchisee is lim­ boldface type of not less than 10-point (6) The financial history of the fran­ ited in the goods or services he may offer size: for sale. chisor, including balance sheets and I n f o r m a t io n for P r o spective F ran­ profit and loss statements for the most (18) A statement whether the fran­ chisor requires the franchisee to partici­ c h ise e s R e q u ir e d b y F ederal T rade recent 5-year period; and a statement C o m m is s io n of any material changes in the financial pate personally in the direct operation condition of the franchisor since the of the franchise. This information is provided for your own date of such financial statements. (19) A statement of the terms and protection. It is in your best interest to study conditions of any financing arrangements it carefully before making any commitment. (7) A description of the franchise fee; If you do sign a contract, you may cancel and a statement indicating whether all offered directly or indirectly by the it, and obtain a full refund of any money or part of the franchise fee may be re­ franchisor or affiliated persons, and a paid, for any reason within 10 business days turned to the franchisee and the condi­ description of any payments received by after either signing such contract or receiv­ tions under which the fee will be the franchisor from any person for the ing this disclosure statement, whichever oc­ refunded. placement of financing with such person. curs later. Details appear on the contract (8) The formula by which the amount (20) A list of at least 10 representative itself. of such franchise fee is determined if operating franchisees with addresses and The information contained herein has not telephone numbers, similarly situated to been reviewed or approved by the Federal the fee is not the same in all cases. Trade Commission, but any misrepresenta­ (9) A statement of the number of the franchise offered and located in the tion constitutes a violation of Federal law. franchises presently operating and the same geographic area, if possible. If you feel you have been misled, you should number proposed to be sold, indicating (21) A statement of the territorial contact the Federal Trade Commission in which existing franchises, if any, are protection granted by the franchisor, in Washington, or the FTC Regional Office company owned and their addresses. which the franchisor will not establish nearest you. (10) A statement of the number of another franchisee who is permitted to (b) To fail to furnish the Commission, franchises, if any, that operated at a use the same trade name or trademark; no later than December 31 of each year, loss during the previous year. in which the franchisor will not estab­ copies of all disclosure statements or (11) A statement that the prospective lish a company-owned outlet using the other materials used at any time during franchisee may inspect the profit and same trade name or trademark; and in the preceding 12 months to provide to loss statements of all existing fran­ which the franchisor or its parent will prospective franchisees the information chisees. (The names and addresses of not establish other franchises or com­ specified in paragraph (a) of this sec­ the franchisees may be deleted from pany-owned outlets selling or leasing tion. similar products or services under a dif­ these profit and loss statements, which (c) (1) To make any oral or written ferent trade name or trademark. must be provided to any prospective representation of a prospective fran­ franchisee requesting to inspect them.) (22) I f the franchisor uses the name chisee’s potential income or gross or net (12) A statement whether, by the of a “public figure,” a statement of the profits not based upon the actual aver­ terms of the franchise agreement or by promotional assistance the “public fig­ ure” is committed to provide to the fran­ age figures for all franchisees not owned other device or practice, the franchisee or operated by the franchisor or an affil­ chisor for the next year and the promo­ is required to purchase or lease from iate thereof in operation during the en­ tional assistance that the "public figure” the franchisor or affiliated persons or tire preceding 12-month period, and not will provide specifically to the new fran­ their designee, services, supplies, prod­ disclosing clearly and conspicuously im­ chisee, and a description of any fees ucts, signs, fixtures, or equipment relat­ mediately adjacent to any such repre­ ing to the establishment or operation of or conditions attendant upon such sentation that “Representations are the franchise business. assistance. based on the average earnings or prof­ (13) A statement describing any pay­ (23) A statement of the number of its of all independent franchisees in ments or fees other than franchise fees persons who have signed franchise agree­ operation during the past year. These that the franchisee is required to pay ments for whom a site has not yet been figures should not be considered as ac­ to the franchisor or affiliated persons, agreed upon by both franchisor and curate representations of potential earn­ including royalties and payments, fees, franchisee. ings or profits of any specific fran­ or markups on land, buildings, leases, (24) A statement of the average chisee.” Or, signs, equipment, or supplies, and the length of time between the signing of a (2) Where no independently owned average total amount of all such fees franchise agreement and the opening of paid by all franchisees in operation dur­ and operated franchisees have been in the franchisee’s outlet. operation during the entire proceeding ing the preceding year, expressed both (25) A statement of the average length as a dollar amount and as a percentage 12-month period, to make any repre­ of service of personnel who are respon­ sentation of potential income or gross of gross sales of such average franchisee. sible for assisting the franchisee at his I f no franchisee has been in operation or net profits without a dear and con­ location, and the average number of spicuous disclosure immediately adjacent for the past year, this fact must be hours such personnel spent during the stated, and an estimate must be dis­ to any such representation that “All past year with each franchisee that was representations of potential earnings or closed, computed in accordance with ac­ in business for less than 1 year. cepted accounting principles, of the profits are merely estimates; no fran­ (26) I f the franchisor informs the pro­ chisee has been in operation long enough maximum anticipated percentage figure. spective franchisee that it intends to (14) A statement of the amount and to indicate what, if any, actual earnings provide him with training, the franchisor or profits may result,” or, in any case, basis for any revenue received by the must state the number of hours of in­ to make any such representation not franchisor from suppliers to its fran­ struction and furnish the prospective based upon sound accounting practices. chisees during the past 12 months. franchisee with a brief biography of the (15) A statement of the conditions (d) (1) To make any clqim in any ad­ instructors who will conduct the training. under which the franchise agreement vertising, promotional material, or dis­ may be terminated or renewal refused, (27) A statement explaining clearly closure statement, or in any oral sales or repurchased at the option of the the terms and effects of any covenant not presentation, solicitation, or discussion franchisor, and a statement of the num­ to compete which a franchisee may be between a franchisor’s representatives ber of franchisees that fell into each of required to enter into. and prospective franchisees, for whic these categories during the past 12 All of the foregoing information (1) to the franchisor does not have substan - ation in its possession, which substant - months. (27) is to be contained in a single dis­ (16) A statement of the conditions closure statement, which shall not con­ ation shall be made available to pr°' and terms under which the franchisor tain any promotional claims or other in­ spective franchisees or the Commission o

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 PROPOSED RULE MAKING 21609 its staff upon demand. This provision by way of limitation, the actual negoti­ any part thereof by a franchisee for his applies, but is not limited, to statements ation of such instrument, or any referral own account, the selling franchisee’s concerning the experience or qualifica­ to or arrangement with any other person franchisor shall be deemed the franchisor tions, or lack of experience or qualifica­ with whom a franchisee negotiates such and the selling franchisee shall be tions, needed for success as a franchisee. instrument, but does not apply to any deemed the franchisor’s representative). (2) To make any claim in any adver­transaction entered into between a fran­ (d) “Franchisee” means any person to tising or promotional material, or in chisee and another person wholly free of whom a franchise is granted; any oral sales presentation, solicitation, any involvement by the franchisor or its (e) “ Prospective franchisee” means or discussion between a franchisor’s rep­ agents or representatives. any person who approaches, or is ap­ resentatives and prospective franchisees, (i) To fail to have inscribed upon the proached by, a franchisor or its agent or which (directly or by implication) con­ face of any note or other instrument of representative for the purpose of investi­ tradicts or exceeds any of the statements indebtedness falling within the scope of gating the prospect of establishing a required to be disclosed by paragraph the preceding paragraph (f) of this sec­ franchise between such person and such (a) of this section. tion, in 10-point boldface type, the fol­ franchisor; (e) To fail to include immediately lowing statement: (f) “ Time when contact is first estab­ above and on the same page as the fran­ N otice chisee’s signature line of any contract lished” means the earlier of the time establishing or confirming a franchise Any holder of this instrument takes this when— agreement, the following statement in instrument subject to all defenses and (1) A direct personal meeting first claims of the maker hereof which would be occurs between a franchisor or its agent bold face print at least 50 percent larger available to the maker in any action aris­ than any other print in the body of such ing out of the transaction which gave or representative and a prospective fran­ contract, or in bold face print of a con­ rise to the execution of this instrument, not­ chisee, or trasting color: withstanding any agreement to the contrary. (2) Any document or promotional N ote I: This section does not deal with Notice: Y ou are entitled to certain impor­ literature is distributed to a prospective the question otf whether any practice dealt tant information concerning this transac­ franchisee; with herein may be improper as contribut­ tion entitled, “Information for prospective ing to unlawful restraints of trade con­ (g) “Business day” means any day franchisees required by Federal Trade Com­ nected with the enforcement of the Anti­ other than Saturday, Sunday, or the fol­ mission.” It is in your best interest to de­ trust Laws or the Federal Trade Commission lowing holidays: New Year’s Day, Wash­ mand and study such information. You may Act, and a provision for disclosure of a given cancel this contract for any reason within ington’s Birthday, Memorial Day, Inde­ fact should not be construed as a condona­ pendence Day, Labor Day, Columbus 10 business days after either signing this tion or approval thereof, nor as an indica­ contract or receiving the required informa­ Day, Veterans’ Day, Thanksgiving, and tion that the Commission will not take Christmas. tion, whichever occurs later. If you do choose whatever action may be appropriate to the to cancel, you will be entitled to receive a enforcement of those laws. Nor is it intended All interested persons, including the full refund within 10 business days after to abrogate or supercede any State laws im­ consuming public, are hereby notified franchisor receives notice of your cancella­ posing the same or more stringent require­ that they may file written data, views, tion. You may use any reasonable method to ments than those contained herein. or argumente concerning the proposed notify franchisor of your jcancellation with­ N ote II: The franchisor will be held liable in the grace period. For your own protection rule with the Assistant Director for for violations caused by the franchisor’s Division of Rules and Guides, Federal you may wish to use certified mail with re­ sales representatives, such as by a represent­ turn receipt requested, or a telegram, either ative’s failure to furnish prospective fran­ Trade Commission, Washington, D.C., of which should be sent to the address below. chisees with the required dislosure state­ 20580, not later than February 7, 1972. [Franchisor will insert here the address and ment, or by a representative’s oral To the extent practicable, persons wish­ telephone number to which such notices statements and representations in violation ing to file written presentations in excess should be sent.] of paragraphs (c) and (d ) of this section. of two pages should submit 20 copies. (f) To fail to cancel any contract for § 436.2 Definitions. All interested persons are also given which a notice of cancellation was sent notice of opportunity to orally present As used in this part, the following shall data, views, or arguments with respect by any reasonable means within 10 busi­ apply: ness days after either the contract’s ex­ to the proposed rule at a public hearing ecution, or the franchisee’s receipt of all (a) “Franchise” means every aspect of to be held commencing at 10 a.m., e.s.t., required information, whichever occurs the relationship between a franchisor- each day, February 14, 15, and 16, 1972, later, or to fail to refund any money and a franchisee by an oral or written in room 532 of the Federal Trade Com­ paid by franchisee within 10 business agreement or understanding, or series of mission Building, Pennsylvania Avenue days after the date of receipt of such agreements or understandings, or trans­ and Sixth Street NW., Washington, D C. notice of cancellation. actions which involve or result in a con­ Any person desiring to orally present (g) To fail to furnish the prospective tinuing commercial relationship by which his views at the hearing should so inform franchisee, upon request at any time a franchisor is granted or permitted to the Assistant Director for Rules and and, in the absence of any request, be­ offer, sell, or distribute the goods or com­ Guides not later than February 7, 1972, fore consummation of any agreement, modities manufactured, processed, or dis­ and state the estimated time required with a copy of the franchise agreement tributed by the franchisor, or the right to few his oral presentation. Reasonable Proposed to be used. offer or sell services established, orga­ limitations upon the length of time nized, directed, or approved by the fran­ (h) To take, accept, or negotiate any allotted to any person may be imposed. chisor, under circumstances where the In addition, all parties desiring to deliver promissory note or other instrument of franchisor continues to exert any control indebtedness which contains: a prepared statement at the hearing over the method of operation of the fran­ should file such statement with the (1) Any waiver of rights or remedies chisee, particularly, but not exclusively, which the franchisee may have against Assistant Director for Rules and Guides through trademark, trade name, or serv­ on or before February 7, 1972. the franchisor or other holder of the in­ ice mark licensing, or structural or strument, or other person acting in his The data, views, or arguments pre­ physical layout of- the franchisee’s sented with respect to the practices in behalf; or business; (2) Any provision by which the fran­ question will be available for examina­ (b) “Person” means any individual, tion by interested parties in room 130 of chisee agrees not to assert against a group, association, limited or general nrauchisor a claim or defense arising out the Division of Legal and Public Records, partnership, corporation, or any other Federal Trade Commission, Washington, 01 tne transaction or agrees not to assert business entity; gainst an assignee such a claim or D.C., and will be considered by the Com­ defense. (c) “Franchisor” means any person mission in the establishment of a Trade granting or offering to grant franchises, Regulation Rule. P?*8 Paragraph (h) shall apply to any including subfranchises, and includes a All persons, firms, corporations, or ransaction in which the franchisor or franchisee disposing of a franchise, or others engaged in franchising, or in the of its agents or representatives took any part thereof, for his own account; (in financing of franchise transactions, in oy Part whatsoever, including, but not connection with the sale of a franchise or commerce, as “ commerce” is defined in

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 No. 218— Pt. i- 21610 PROPOSED RULE MAKING the Federal Commission Act, may be sub­ It appearing, that actual notice of the rule making to implement the Geo­ ject to the requirements of any Trade institution of this proceeding has been thermal Steam Act of December 24,1970 Regulation Rule promulgated in the given to all class I railroads, other than (84 Stat. 1566), published in the F ederal switching and terminal companies, and to course of this proceeding. R eg ister , Volume 36, No. 142, Part n, all class I intercity motor carriers of All interested persons, including the on July 23,1971, is hereby extended from general public, are urged to express their property, and that public notice has been approval or disapproval of the proposed given by publication in the F ederal November 12,1971, to November 22,1971. rule, or to recommend revisions thereof, R eg ister on September 29, 1971, at page The time for submission of written and to give a full statement of 'their 19125; comments was previously extended from views in connection therewith. It further appearing, that the time for September 21, 1971, to November 12, Comments are invited with respect to filing statements of facts, views, and 1971. That time period is now extended any aspect of this proposed rule, but the arguments was designated in the notice to coincide with the closing date for Commission invites comment particu­ as 30 days from the date of said publica­ larly with respect to the following tion; submission of written comments on the aspects: And it further apearing, that on Draft Environmental Impact Statement 1. The proposed definition of “fran­ October 26, 1971, the Association of on the Geothermal Leasing Program pre­ chisor”, and the possible need for excep­ American'Railroads filed a petition re­ pared in accordance with the provisions tions or exemptions from this definition. questing leave to file a late statement of of section 102(2) (C) of the National 2. The proposed disclosures of finan­ comments; and good cause appearing Environmental Policy Act of 1969 and cial history, and the possible need for therefor, released on October 6, 1971. Accordingly, greater specificity with regard to the I t is ordered, That, the petition be, and interested parties may submit written manner of compliance with subpara­ it is hereby, granted, and that the time graphs (6) and (11) of paragraph (a) within which the petitioner may file com­ comments, suggestions, or objections with of the proposed rule. ments be, and it is hereby, extended to respect to the proposed regulations to 3. The extent to which, and the man­ November 22,1971; the Geothermal Coordinator, Depart­ ner in which, the rule should abrogate I t is further ordered, That, a copy of ment of the Interior, Washington, D.C. or supersede State laws which impose this order be deposited in the Office of the 20240 at any time prior to the close of similar obligations upon franchisors. Secretary of the Commission, and a copy business, November 22,1971. (See Note I.) be delivered to the Director of the Fed­ eral Register for publication therein. H o l l is M . D o le, Issued: November 10,1971. Assistant Secretary By the Commission. Dated at Washington, D.C., this 5th of the Interior. day of November 1971. [ s e a l ] C h a r le s A . T o b in , N o vem ber 8,1971. Secretary. By the Commission, Chairman Staf­ [FR Doc.71-16567 Filed 11-10-71; 12:36 pm] [F R Doc.71-16479 Filed 11-10-71;8:49 am] ford. [ s e a l ] R o bert L. O s w a l d , Secretary. Geological Survey INTERSTATE COMMERCE [FR Doc.71-16499 Filed 11-10-71;8:51 am] [ 30 CFR Part 270 1 COMMISSION GEOTHERMAL RESOURCES LEASING AND OPERATIONS ON PUBLIC, AC­ [4 9 CFR Part 1252 1 DEPARTMENT OF THE INTERIOR QUIRED, AND WITHDRAWN LANDS [No. 34364 (Sub-No. 1)] Bureau of Land Management Extension of Time for Filing C om m ents RAIL AND MOTOR PIGGYBACK [ 43 CFR 3000, 3045, 3104, 3200 1 FORMS C ross R e f e r e n c e : For a document is­ GEOTHERMAL RESOURCES LEASING Proposed Traffic Statistics; Extension sued jointly by the Bureau of Land Man­ AND OPERATIONS ON PUBLIC, AC­ agement and the Geological Survey re­ of Time for Filing Comments QUIRED, AND WITHDRAWN LANDS garding geothermal resources leasing and Present: George M. Stafford, Chair­ Extension of Time for Filing Comments operations on public, acquired, and with­ man, to whom the matter which is the drawn lands, see F.R. Doc. 71-16567, Bu­ subject of this order has been assigned The time within which written com­ for action. ments may be submitted on the proposed reau of Land Management, supra.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21611 Notices

T. 5 N., R. 9 E„ T. 6 N., R. 12 E. (Unsurveyed), DEPARTMENT OF THE INTERIOR Sec. 3, lots 1 to 5, inclusive; Every smallest legal subdivision any por­ Sec. 4, lot 1 and lots 5 to 8, inclusive, and tion of Which, when surveyed, will be Bureau of Land Management Sy2Ni/2; within y4 mile of Middle Pork Boise Sec. 5, lot 8, Sy2NEi/4, SWi/4, N ^ S E ^ , and River below Mattingly Cr. Protraction of CALIFORNIA SW % SE i/4 ; public land surveys indicates that the Sec. 6, lot 11, SEi/4SW 14 and E^SEi/4; Notice of Filing of Plat of Survey land described above, when surveyed, Sec. 7, lot 1, N1/2N E i/4, SW ^NE^, and E% will be wholly within Secs. 28, 29, 30, 31, Nwy4. N o vem ber 32, and 33. 2, 1971. T. 6 N., R. 9 E„ T. 3 N., R. 13 E., 1. A plat of survey for the following Sec. 25, SE%NEi/4, S E ^ S W ^ , and SEy4; Sec. 7, Ey2SWy4 and Ey2SEy4; Sec. 34, SE1/4SW1/4 and Si/2SE%; described land, accepted September 21, Sec. 18, lot 3, Ey&NWy4 andEy2Ey2; Sec. 35, NEi/4, Ey2NWy4, SW % N W % , and 1971, will be officially filed in the Cali­ Sec. 19, lot 2 and NEy4NWy4. fornia State Office, Sacramento, Calif., SWi/4; Sec. 36, NW % NE% and NWy4. T. 4 N., R. 13 E., effective 10 a.m. on December 7, 1971: T. 7 N„ R. 9 E., Sec. 3, lots 2 to 8, inclusive, SWy4NEy4, M o u n t D iablo M eridian Sec. 22, SE^SWi/4 and Sy2SE%; sy2NWy4, NWy4SWy4, and Ey2SEy4; Sec. 23, Si/2SWy4 and SWy4SEy4; Sec. 10, lots 1 to 8, inclusive, and Ey£Ey4; T. 29 N., R. 3 W., Sec. 24, sy2SW!A and SE%; Sec. 15, lots 1 to 8, inclusive; Bloody Island in secs. 22 and 23. Sec. 25, N W 1/4 NEJ4 and Ny2NWy4; Sec. 22, lots 1,2, 3, 4, and 6; Sec. 27, wy£SEy4. 2. This plat represents a dependent Sec. 26,Ni/^Ni/2; resurvey of a portion of the subdivisional Sec. 27, Ni/2NWi/4 and SWy4 NWi/4; T. 5 N., R. 13 E. (Unsurveyed), Sec. 28, Ei/2NEi4, SWy4NEy4, NW>,4NWy4, Every smallest legal subdivision any por­ lines, designed to restore the comers in SE^NWi/4, Ny2SWy4, and NWy4SEy4; tion of which, when surveyed, will be their true original locations according to Sec. 29, NEi/4SW%, Sy2SW % , Ny2SEy4, and within 14 mile of South Pork of Boise the best available evidence, and the sur­ SWi4 SE%; River. Protraction of public land surveys vey of Bloody Island in the Sacramento Sec. 30, SE^SEi/4; indicates that the land described above, River in secs. 22 and 23. Sec. 31, lot 2, NE1/4NE1/4, W ^ N E ^ , and when surveyed, will be wholly within 3. The area surveyed contains 39.81 Ei/2NWi/4. Secs. 10,15,22, 26,27, 34, and 35. T. 6 N., R. 10 E., Every smallest legal subdivision any por­ acres. Sec. 25,Sy2Si/2; tion of which, when surveyed, will be 4. Inquiries concerning the land < Sec. 26, sy2sy2; within y4 mile of Johnson Creek. Pro­ should be addressed to the California Sec. 27, sy2sy2; traction of public land surveys indicates State Office, Bureau of Land Manage­ Sec. 29, SW%NE%, SWÎ4NWy4, SE ^N W ^, that the land described above, when sur­ ment, E-2841 Federal Office Building, NE i/4 SW 1,4 , and Wy,SEy4; veyed, will be wholly within Secs. 2, 3, 2800 Cottage Way, Sacramento, Calif. Sec. 30, lots 2 and 3, SyfcNEJi, SEy4Nwy4, 10, and 11. 95825. NE % SW %, and Ny2 SE y4 ; T. 3 N., R. 14 E., Sec. 32, N E & ; Sec. 26, SWy4 SWi/4; J o h n E. C l u t e , Sec. 33, SW1ANE14, SÎ4NWy4, N%SWy4, Sec. 27, S i/4; Chief, Branch of Records SE % SW % , and SE 14 ; Sec. 28, Wi/4NEi/4, Ey4NWy4, and Sy2; and Data Management. Sec. 34, NE 14NE14, W%NWy4, and NWy4 Sec. 29, Wy2Wy4; swy4; [PR Doc.71-16483 Piled 11-10-71;8:49 am] Sec. 31, NEy4NEi/4; Sec. 35,Ny2N%; Sec. 32, Ni/4 and Ny^syfc; Sec. 36, Ni/2Ni/2. Sec. 33, NWy4NEi/4, N E 14 NW 14 , wy4Nwy4, T. 7 N„ R. 10 E„ and NWy4SWy4; Geological Survey Sec. 19, lots 3 and 4, Sy2NEi/4, SE& NW iA, Sec. 34,N E 14NEi/4; [Power Site Cancellation 221] NEi/4 SWy4 , and N%SE$4 . Sec. 35,NWy4Nwy4. T. 3 N., R. 11 E., ^ BOISE RIVER, IDAHO Sec. 8, SE % NEi/4; The area described aggregates about sec. 1 1 , sy2Nwy4. 19,034 acres. Cancellation of Power Site T. 5 N., R. 11 E., Sec. 3, lots 1 to 5, inclusive, and sy4NWy4; W. A. R a d l in s k i, Pursuant to authority under the Act Sec. 4, lots 4 to 9, inclusive, SWy4NEy4, Acting Director. of March 3, 1879 (20 Stat. 394; 43 U.S.C. andSy2NWi/4; N o v e m b e r 4,1971. 31) and 220 Departmental Manual 6.1, Sec. 5, lots 1 to 8 , inclusive, and Sy4NEy4; [P R Doc.71-16452 Piled 11-10-71;8:47 am] Power Site Classification 255 of June 11, Sec. 6 , lots 1, 2, 3, 7, and 8. T. 6 N., R. 11 E., 1930, is hereby canceled to the extent that Sec. 30, lot 4 and SEy4SWy4; it affects the following described land: Sec. 31, lots 1 to 4, inclusive, SWy4NEy4, [Power Site Cancellation 267] Ey2wy2,andSEi4 ; B oise Meridian Sec. 32, Sy2Sy2; BOISE RIVER, IDAHO T- 5 N., R. 8 E., Sec. 33, SWy4SW%; Sec. 9, lots 1 , 2 , and 5, and N E ^ S W ^ ; Sec. 34, lots 4, 6 , and 7; Cancellation of Power Site Sec. 10, lots 1 to 8, inclusive, N E 14SE14 , Sec. 35, lots 6 to 11, inclusive; and NW SE %; Sec. 36, lot 2, N E 14 , SE14NW 14 , and Ny£ Pursuant to authority under the Act of Sec. ll, lots 1 to 8, inclusive, SWy4 NEy4 , sy2. March 3, 1879 (20 Stat. 394; 43 U.S.C. NW 14 SW 14 , and SW 14 SE %,; T. 3 N., R. 12 E., Sec. 12 , lots 1 to 8, inclusive, and NW14 Sec. 7, lot 2, SW1/4NE1/4, SE14NW 14 , and 31) and 220 Departmental Manual 6.1, SWi/4; /4 NEi/4SEy4; Power Site Classification 325 of May 12, Sec. 16,NW%NEi/4; Sec. 8, wy2swy4 and SEy4SEy4; 1941, is hereby canceled to the extent Sec. 17, SEI/4NE 14 ; Sec. 13, sy2swy4 and NWy4SEy4; Sec. 18, S W 14 NE 14 and NEy4Swy4; Sec. 14, sy2swy4 and SEy4SEy4; that it affects the following described t NE1/4NEy4. Sec. 15,Ny2Sy2; T- 6 N., R. 8 E., land: Sec. 16, NW 14NW 14, SEy4NWy4, and Ny2 B oise M eridian Sec. 2, lot 4 ; SEy4 ; Se?:3 lots 1 , 2 , and 3, SW%NE^, SV2 Sec. 17, SWy4NEy4 and SEy4NWy4; T. 3 N., R. 11 E., NWi/4l Ny2 SWi/4, and NW % SE% ; Sec. 18, lot 1, NWy4NEy4, SEy4NEy4, and Sec. 4, SE!/4 ; Sec. 4,SEy4SWy4; NEy4Nwy4; Sec. 5, Sy4NWy4; Sec. 9, SWy4 NEi/4 . Sec. 21,NEy4NWy4; T- ' N., R. 8 E., Sec. 7, lot 4; Sec. 22, sy2NEy4 and Ny2NWî4; Sec. 8, NWÎ4NW1/4; Sec. 35, Si/2SW%, NE^SE^, and Sy2S E ^ . Sec. 23, Ny4NEy4 an d N ^ S y ^ . Sec. 14,SWy4NEy4 andNwy4SEy4.

FEDERAL REGISTER, VOt. 36, NO. 218— THURSDAY, NOVEMBER. 11, 1971 21612 NOTICES

The area described aggregates about determines that such equipment Is not 276 acres. available. DEPARTMENT OF AGRICULTURE W. A. R a d l in s k i, This regulation is practically identical Packers and Stockyards Acting Director. with section 308(d) of the Act, 30 U.S.C. Administration N ovember 4,1971. section 868(d) (1970). [FR Doc.71-16454 Filed 11-10-71;8:47 am] Petitioner asks that the standard be CHICAGO-JOLIET LIVESTOCK modified in its application to the hoist MARKETING CENTER, INC., ET AL. in its No. 2 mine for the reason that the [Power Site Cancellation 247] system in effect at the mine will afford Posted Stockyards SPOKANE RIVER, WASH. the same measure of protection to the Pursuant to the authority delegated miners as the standard. Petitioner states under the Packers and Stockyards Act, Cancellation of Power Site that the hoist in its No. 2 mine is located 1921, as amended (7 U.S.C. 181 etseq.), Pursuant to authority under the Act of approximately 900 feet underground and on the respective dates specified below, it March 3, 1879 (20 Stat. 394; 43 U.S.C. is operated by 2,300 volts a.c. The trans­ was ascertained that the livestock mar­ 31) and 220 Departmental Manual 6.1, former supplying the power is a 44,000 kets named below were stockyards within Power Site Classification 61 of March 12, to 2,300 volts Delta primary and Delta the definition of that term contained in 1924, is hereby canceled to the extent secondary hookup. The hoist is the only section 302 of the Act, as amended (7 that it affects the following described equipment that is operated on this volt­ U.S.C. 202), and notice was given to the age so that the circuit is independent of owners and to the public by posting no­ land: everything else in or out of the mine. Willamette Meridian, W ashington tices at the stockyards as required by There are 900 feet of No. 2 rubber cov­ said section 302. T. 28 N., R. 36 E„ ered primary cable from the substation Sec. 11, lots 19 and 21. outside to the hoist. This cable does not Name, location of stockyard, and date of posting The area described aggregates about have ground wires in it. The hoist frame, motors, etc., are grounded to the mine I llinois 21 acres. ground system. Petitioner is running an W. A. R a d l in s k i, Chicago-Joliet Livestock Marketing Center, Acting Director. insulated ground wire, parallel to the Inc., Joliet, Oct. 27, 1971. primary cable, outside to be grounded I owa N o vem ber 4, 1971. at the transformer. A disconnect switch [FR Doc.71-16453 Filed 11-10-71;8:47 am] is being installed on this circuit. Cascade Sales Barn, Cascade, Nov. 2,1971. Petitioner states that because the dis­ Mississippi tance is so short and the hoist is the [Power Site Classification 463] only equipment operating on the circuit Southwest Livestock, Inc., Lorman, Aug. 31, it should not have to set up a fail safe 1971. TAZIMINA RIVER AND LAKES, N ew Y ork ground check system as required by the ALASKA safety standard. Mohawk Valley Beef Sales, Inc., Westernville, Parties interested in this petition Oct. 14, 1971. Classification of Power Site T exas should file their answers or comments Correction within 30 days from the date of publica­ Kennedale Auction Barn, Kennedale, Oct. 20, tion of this notice in the F ederal R e g is ­ 1971. The headings for the correction ap­ Winnie Livestock Exchange, Winnie, Sept. 18, ter with the Office of Hearings and pearing on page 21527 in the issue of 1971. Wednesday, November 10, 1971, should Appeals, Hearings Division, U.S. Depart­ appear as set forth above. ment of the Interior, 6432 Federal Done at Washington, D.C., this 5th day Building, Salt Lake City, Utah 84111. of November 1971. Copies of the petition are available for G. H. H opper, Office of Hearings and Appeals inspection at that address. Chief, Registrations, Bonds, and Reports Branch, Livestock KAISER STEEL CORP. J am es M . D a y , Director, Marketing Division. Petition for Modification of Mandatory Office of Hearings and Appeals. N o vem ber 8,1971.

Safety Standard N ovem ber 4, 1971. [FR Doc.71-16509 Filed 11-10-71:8:51 am] Notice. In re petition of Kaiser Steel [FR Doc.71-16480 Filed l l - l 0-71;8:49 am] Corp. for modification of mandatory safety standard (30 CFR 75.803), Docket Office of the Secretary DEPARTMENT OF HEALTH, No. M 72-17. In accordance with the provisions of CARROL M. BENNETT EDUCATION, AND WELFARE section 301(c) of the Federal Coal Mine Statement of Changes in Financial Food and Drug Administration Health and Safety Act of 1969 (30 U.S.C. Interests §861(c) (1970)), notice is given that [DESI 4725] Kaiser Steel Corp. has filed a petition to In accordance with the requirements of section 710(b) (6) of the Defense Pro­ CERTAIN SURGICAL SUTURES modify the application of 30 CFR duction Act of 1950, as amended, and Drugs for Human Use; Drug Efficacy 75.803 to petitioner’s No. 2 mine, located Executive Order 10647 of November 28, in Sunnyside, Carbon County, Utah. 1955, the following changes have taken Study Implementation 30 CFR 75.803 reads as follows: place in my financial interests during the The Food and Drug Administration On and after September 30, 1970, high- past 6 months : has evaluated reports received from the voltage, resistance grounded systems shall (1) Sold: Recognition equipment. National Academy of Sciences-Nationai include a fail safe ground check circuit to (2) Bought : SMC Industries. Research Council, Drug Efficacy Study monitor continuously the grounding circuit (3) None. Group, on the following absorbable and to assure continuity and the fail safe ground (4) None. , nonabsorbable surgical sutures: check circuit shall cause the circuit breaker to open when either the ground or pilot check This statement is made as of Octo­ 1. Mersilene nonabsorbable surgical wire is broken, or other no less effective de­ ber 11,1971. sutures of polyester fiber; Ethicon, Inc., vice approved by the Secretary or his author­ U.S. Highway 22, Somerville, New Jersey ized representative to assure such continu­ Dated: October 26,1971. 08876 (NDA 12-815). ity, except that an extension of time, not in C arrol M . B e n n e t t . 2. Nonabsorbable surgical sutures of excess of 12 months, may be permitted by the Secretary on a mine-by-mine basis if he [FR Doc.71-16482 Filed 11-16-71:8:49 am ] braided silk; Ethicon, Inc. (NDA 11-397).

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21613

3. Absorbable.surgical sutures of chro­ the appropriate office listed below, and drug applications and abbreviated sup­ mic beef serosa collagen gut; Ethicon, addressed to the Food and Drug Admin­ plements, and for the drug methoxyflu- Inc. (NDA 8-536). istration, 5600 Fishers Lane, Rockville, rane new drug applications and supple­ 4. Absorbable surgical sutures of plain Maryland 20852: ments to previously approved new drug gut; Ethicon, Inc. (NDA 10-389). Supplements (identify with NDA number) : applications under conditions described 5. Nonabsorbable surgical sutures of Office of Scientific Evaluation (BD-100), herein. braided nylon; Davis & Geek, Division of Bureau of Drugs. 1. Form of drug. These preparations American Cyanamid Co., Danbury, Con­ Original abbreviated new drug, applications are in a form suitable for inhalation necticut 06810 (NDA 4-725). (identify as such) : Drug Efficacy Study administration. Such articles are regarded as new Implementation Project Office (BD-60), 2. Labeling conditions, a. The labels drugs (21 U.S.C. 321(p)). Supplemental Bureau of Drugs. Requests for the Academy’s report: Drug bear -the statement, “ Caution: Fed­ new drug applications are required to re­ Efficacy Study Information Control (B D - eral law prohibits dispensing without vise the labeling in and to update pre­ 67), Bureau of Drugs. prescription.” viously approved applications providing All other communications regarding this an­ b. The drugs are labeled to comply for such drugs. A new drug application nouncement: Drug Efficacy Study Imple­ with all requirements of the Act and reg­ is required from any person marketing mentation Project Office (BD-60), Bureau ulations. The labeling bears adequate in­ such articles without approval. of Drugs. formation for safe and effective use of A. Effectiveness classification. The This notice is issued pursuant to provi­ the drug and is in accord with the guide­ Pood and Drug Administration has con­ sions of the Federal Food, Drug, and lines for uniform labeling published in sidered the Academy reports, as well as Cosmetic Act (secs. 502, 505, 52 Stat. the F ederal R eg ister of February 6,1970. other available evidence, and concluded 1050-53, as amended; 21 U.S.C. 352, 355) The “Indications” section is as follows: that these surgical sutures are effective and under the authority delegated to the I ndications for use as suture material. Commissioner of Food and Drugs (21 For the induction and maintenance of gen­ B. Conditions for approval and mar­ CFR 2.120). keting. The Food and Drug Administra­ eral anesthesia. tion is prepared to approve abbreviated Dated: October 14, 1971. 3. Marketing status. Marketing of such new drug applications and abbreviated S a m D . F i n e , drugs may be continued under the con­ supplements to previously approved new Associate Commissioner ditions described in the notice entitled drug applications under conditions de­ for Compliance. “ Conditions for Marketing New Drugs scribed herein. Evaluated in Drug Efficacy Study” pub­ [PR Doc.71-16486 Piled 11-10-71;8:50 am] 1. Form of drug. Absorbable and non­ lished in the F ederal R eg iste r July 14, absorbable surgical suture preparations 1970 (35 F.R. 11273), as follows: are in strand form suitable for suturing [D E S I10690] or ligating. F l u r o x e n e and H a lo t h a n e 2. Labeling conditions. The articles CERTAIN INHALATION ANESTHETICS a. For holders of “ deemed approved” are labeled to comply with all require­ CONTAINING FLUROXENE, HALO- new drug applications (i.e., an applica­ ments of the act and regulations. The THANE, OR METHOXYFLURANE tion which became effective on the basis labeling bears adequate information for of safety pridr to October 10, 1962), the safe and effective use of the article and Drugs for Human Use; Drug Efficacy submission of a supplement for revised is in accord with the guidelines for uni­ Study Implementation labeling and an abbreviated supplement form labeling published in the F ederal The Food and Drug Administration has for updating information as described in Register of February 6, 1970. The “Indi­ evaluated reports received from the Na­ paragraph (a)(1) (i) and (iii) of the cations” sections are as follows: notice of July 14,1970. tional Academy of Sciences-National Re­ I ndications search Council, Drug Efficacy Study b. For any person who does not hold an approved or effective new drug appli­ This article is indicated for use wherever Group, op. the following anesthetic drugs suture material may be required. for 'inhalation administration: cation, the submission of an abbreviated 1. Fluoromar liquid containing flurox- new drug application as described in par­ 3. Marketing status. Marketing of agraph (a) (3) (i) of that notice. such drugs may be continued under the enfe; Ohio Medical Products, Division of conditions described in the notice en­ Air Reduction Co., Murray Hill, New Jer­ METHOXYFLURANE titled “Conditions for Marketing New sey 07974 (NDA 10-690). a. For holders of “deemed approved” Drugs Evaluated in Drug Efficacy Study” 2. Fluothane liquid containing halo- new drug applications (i.e., an applica­ published in the F ederal R egister thane; Ay erst Laboratories, Division of tion which became effective on the basis July 14, 1970 (35 F.R. 11273), as follows: American Home Products Corp., 685 of safety prior to October 10, 1962), the a. For holders of “ deemed approved”Third Avenue, New York, New York submission of a supplement for revised new drug applications (i.e., an applica­ 10017 (NDA 11-338). labeling and a supplement for updating tion which became effective on the basis 3. Penthrane liquid containing meth- information as described in paragraphs of safety prior to October 10, 1962), the oxvflurane; Abbott Laboratories, Inc., (a) (1) (i) and (iii) of the notice of submission of a supplement for revised 14th and Sheridan Road, North Chicago, July 14, 1970. labeling and an abbreviated supplement Illinois 60064 (NDA 13-056). b. For any person who does not hold for updating information as described in Such drugs are regarded as new drugs an approved or effective new drug appli­ paragraph (a) (1) (i) and (iii) of the (21 U.S.C. 321 (p )). Supplemental new cation, the submission of a full new drug notice of July 14,1970. drug applications are required to revise application as described in paragraph (a) b- For any person who does not hold the labelinc in and to update previously (3) (iii) of that notice. an approved or effective new drug appli­ approved applications providing for such c. For any distributor of any of the cation, the submission of an abbreviated drugs. A new drug application is required drugs, the use of labeling in accord with •new drug application as described in from any person marketing such drug this announcement for any such drug Paragraph (a) (3) (i) of that notice. without approval. shipped within the jurisdiction of the Act c. For any distributor of the drug, the A. Effectiveness classification. The as described in paragraph (b) of that nse of labeling in accord with this an­ Food and Drug Administration has con­ notice. nouncement for any such drug shipped sidered the Academy’s reports, as well as A copy of the Academy’s report has within the jurisdiction of the Act as de­ other available evidence, and concludes been furnished to each firm referred to scribed in paragraph (b) of that notice. that these drugs are effective for the in­ above. Communications forwarded in A copy of the Academy’s report has duction and maintenance of surgical response to this announcement should been furnished to each firm referred to anesthesia. be identified with the reference number above. Communications forwarded in re- B. Conditions for approval and mar­ DESI 10690, directed to the appropriate sponse to this announcement should be keting. The Food and Drug Administra­ office listed below, and addressed to the i~®Atifled with the reference number tion is prepared to approve for the drugs Food and Drug Administration, 5600 AJESI 4725, directed to the attention of fluroxene and halothane abbreviated new Fishers Lane, Rockville, Maryland 20852:

FEDERAL REGISTER, VOL. 36, NO. 218-—THURSDAY, NOVEMBER 11, 1971 21614 NOTICES

Supplements (identify with NDA number); [Docket No. FDC-D-391; NADA No. 38-293V] The hearing contemplated by this no­ Office of Scientific Evaluation (BD-100), UPJOHN CO. tice will be open to the public except Bureau of Drugs. that any portion of the hearing concern­ Bequests for the Academy’s report; Drug Lincocin Forte; Notice of Opportunity ing a method or process that the Com­ Efficacy Study Information Control (B D - missioner finds is entitled to protection 67), Bureau of Drugs. for Hearing Original abbreviated new drug applications as a trade secret will not be open to the (identify as such) : Drug Efficacy Study Notice is given to The Upjohn Co., public, unless the respondent specifies Implementation Project Office (BD-60)>, Kalamazoo, Mich. 49001, and to any in­ otherwise in his appearance. Bureau of Drugs. terested persons who may adversely af­ I f such persons elect to avail them­ Original new drug applications: Office of fected that the Commissioner of Food selves of the opportunity for a hearing, Scientific Evaluation (BD-100), Bureau of and Drugs proposes to issue an order they must file a written appearance re­ Drugs. under the provisions of section 512(e) of questing the hearing and giving the rea­ All other communications regarding this an­ the Federal Food, Drug, and Cosmetic Act nouncement: Drug Efficacy Study Imple­ sons why the approval of the new animal (21 U.S.C. 360b(e)) withdrawing ap­ drug application should not be with­ mentation Project Office (BD-60), Bureau proval of NADA (new animal drug ap­ of Drugs. drawn together with a well organized and plication) No. 38-293V with respect to full factual analysis of the clinical and This notice is issued pursuant to pro­ Lincocin Forte, an udder infusion prod­ other investigational data they are pre­ visions of the Federal Food, Drug, and uct for the treatment of bovine mastitus pared to prove in support of their opposi­ Cosmetic Act (secs. 502, 505, 52 Stat. which contains in each 10 cubic centi­ 1050-53, as amended; 21 U.S.C. 352, 355) tion to the grounds for the notice of meters: Lincomycin hydrochloride mon­ opportunity for a hearing. A request for and under the authority delegated to the ohydrate equivalent to 200 milligrams of Commissioner of Food and Drugs (21 a hearing may not rest upon mere allega­ lincomycin base, neomycin sulfate equiv­ tions or denials but must set forth spe­ CFR 2.120). alent to 200 milligrams of neomycin base, cific facts showing that there is a genu­ and 5 milligrams of methylprednisolone Dated: October 6, 1971. ine and substantial issue of fact that re­ N.F. quires a hearing. When it clearly appears S a m D. F i n e , The Commissioner, on the basis of an from the data in the application and Associate Commissioner evaluation of new information before him for Compliance. from the reasons and factual analysis with respect to such drug together with in the request for the hearing that there [PR Doc.71-16487 Piled 11-10-71;8:50 am] the evidence available to him when the is no genuine and substantial issue of application was approved, concludes that fact which precludes the withdrawal of EAGLE-PICHER INDUSTRIES, INC. the drug is not shown to be safe under approval of this application, the Com­ the conditions of use upon the basis of missioner Will enter an order stating his Notice of Filing of Petition for Food which the application was approved. findings and conclusions on such data. Additive Diatomaceous Earth Information available to the Commis­ I f the hearing is requested and is justi­ Pursuant to provisions of the Federal sioner has established that residues of fied by the response to this notice, the Food, Drug, and Cosmetic Act (sec. 409 neomycin exceeding the tolerance of 0.15 issues will be defined, a hearing ex­ part per million (negligible residue pro­ (b )(5 ), 72 Stat. 1786; 21 U.S.C. 348(b) aminer will be named, and he shall issue (5 )), notice is given that a food additive vided by 21 CFR 135g.25) are present in a written notice of the time and place petition (M F 3427) has been filed by milk taken from animals in which the at which the hearing will commence. Eagle-Picher Industries, Inc., American drug has been used as labeled. The time shall be not more than 90 days Building, Cincinnati, Ohio 45202, propos­ In accordance with the provisions of after the expiration of said 30 days ing that § 121.322 Diatomaceous earth section 512 of the act (21 U.S.C. 360b), unless the hearing examiner and the (21 CFR 121.322) be amended to change the Commissioner will give the applicant applicant otherwise agree. the specifications for the additive to pro­ and any interested person who would Responses to this notice will be avail­ vide for the use of diatomaceous earth be adversely affected by an order with­ able for public inspection in the Office having not more thaii 20 parts per million drawing such approval an opportunity of the Hearing Clerk (address given arsenic as As. It is used or intended for for a hearing at which time such perosns above) during regular business hours, use as an inert carrier or anticaking may produce evidence and arguments to Monday through Friday. agent in animal feeds. show why approval of NADA No. 38- This notice is issued pursuant to pro­ 293V should not be withdrawn. Promul­ Dated: November 3, 1971. visions of the Federal Food, Drug, and gation of the proposed order will cause Cosmetic Act (sec. 512, 82 Stat. 343- S a m D. F i n e , any such preparation to be a new ani­ 51; 21 U.S.C. 360b) and under the au­ Associate Commissioner mal drug for which no approved new thority delegated to the Commissioner for Compliance. animal drug application is in effect. (21 CFR 2.120). Any such drug then on the market would [FR Doc.71-16484 Piled 11-10-71;8:50 am] be subject to regulatory proceedings. Dated: November 1,1971. Within 30 days after publication here­ S a m D. F in e , W. R. GRACE & CO., DEWEY AND of in the F ederal R eg ist e r , such persons Associate Commissioner ALMY CHEMICAL DIVISION are required to file with the Hearing for Compliance. Clerk, Department of Health, Education, [P R Doc.71-16489 Filed 11-10-71;8:50 am] Notice of Filing of Petition for Food and Welfare, Office of the General Coun­ Additive sel, Room 6-88, 5600 Fishers Lane, Rock­ Pursuant to provisions of the Federal ville, Md. 20852, a written appearance [DESI 11287] electing whether: Food, Drug, and Cosmetic Act (sec. 409 SODIUM POLYSTYRENE SULFONATE (b )(5 ), 72 Stat. 1786; 21 U.S.C. 348(b) 1. To avail themselves of the oppor­ (5) ), notice is given that a petition (FAP tunity for a hearing; or Drugs for Human Use; Drug Efficacy 2B2714) has been filed by W. R. Grace 2. Not to avail themselves of the op­ Study Implementation & Co., Dewey and Almy Chemical Divi­ portunity for a hearing. The Food ahd Drug Administration sion, 62 Whittemore Avenue, Cambridge, I f such persons elect not to avail them­ Mass. 02140, proposing that § 121.2514 has evaluated a report received from the selves of the opportunity for a hearing, National Academy of Sciences-Nationai Resinous and polymeric coatings be the Commissioner, without further no­ amended to provide for the safe use of Research Council, Drug Efficacy Study tice, will enter a final order withdraw­ Group, on Kayexalate containing sodium urea in the manufacture of resinous and ing approval of the new animal drug polystyrene sulfonate; Winthrop Lad" polymeric food contact coatings. application. oratories, Division of Sterling Drug Dated: October 13,1971. Failure of such persons to file a written appearance of election within 30 days 90 Park Avenue, New York, N.Y. 1001 V ir g il O. W o d ic k a , will be construed as an election by such (NDA 11-287). Director, Bureau of Foods. persons not to avail themselves of the Such drug is regarded as a new drug [P R Doc.71-16485 Piled 11-10-71;8:50 am] opportunity for a hearing. (21 U.S.C. 321 (p )). Supplemental new

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21615

drug applications are required to revise Supplements (identify with NDA number) : Dated at Bethesda, Md., this 5th day the labeling in and to update previously Office of Scientific Evaluation (BD-100), of October 1971. approved applications providing for such Bureau of Drugs. drugs. A new drug application is required Original abbreviated new drug applications For the Atomic Energy Commission. (identify as such) : Drug Efficacy Study from any person marketing such drug Implementation Project Office (B D -6 0 ), P eter A. M o r r is, without approval. Bureau of Drugs. Director, A. Effectiveness classification. The Requests for the Academy’s report: Drug Division of Reactor Licensing. Pood and Drug Administration has con­ Efficacy Study Information Control (B D - [FR Doc.71-14808 Filed 10-20-71;8:45 am] sidered the Academy’s report, as well as 67), Bureau of Drugs. other available evidence, and concludes All other communications regarding this an­ that this drug is effective for the symp­ nouncement: Drug Efficacy Study Implé­ [Docket No. 50-360] mentation Project Office (BD -60), B u­ tomatic treatment of hyperkalemia. reau of Drugs. B. Conditions for approval and mar­ BATTELLE MEMORIAL INSTITUTE keting. The Food and Drug Administra­ This notice is issued pursuant to pro­ Notice of Proposed Issuance of Facility tion is prepared to approve abbreviated visions of the Federal Food, Drug, and new drug applications and abbreviated Cosmetic Act (secs. 502, 505, 52 Stat. License supplements to previously approved new 1050-53, as amended; '21 U.S.C. 352, 355) The Atomic Energy Commission (“ the drug applications under conditions de­ and under the authority delegated to the Commission” ) is considering the issuance scribed herein. Commissioner of Food and Drugs (21 of a facility license to the Battelle Mem­ 1. Form of drug. Sodium polystyrene CFR 2.120). orial Institute, Richland, Wash. The sulfonate preparations are in fine powder Dated: October 14, 1971. license would authorize Battelle to oper­ form suitable for oral or rectal adminis­ ate the Plutonium Recycle Critical tration. S a m D . F i n e , Facility (PRCF), which is owned by the 2. Labeling conditions, a. The label Associate Commissioner Commission and located near Richland, bears the statement, “ Caution: Federal for Compliance. Wash., at steady-state power levels not law prohibits dispensing without pre­ [FR Doc.71-16488 Filed 11-10-71;8:50 am] to exceed 10 kilowatts (thermal) in ac­ scription.” cordance with the provisions of the pro­ b. The drug is labeled to comply with posed license and the Technical Specifi­ all requirements of the Act and regula­ cations appended thereto. tions. The labeling bears adequate in­ ATOMIC ENERGY COMMISSION The operation of the facility started formation for safe and effective use of [Dockets Nos. 50-404; 50-405] in 1963 with the General Electric Co. as the drug and is in accord with the guide­ the contractor. Since January 1965, the lines for uniform labeling published in VIRGINIA ELECTRIC AND POWER CO. facility has been operated by the Battelle the F ederal R eg ist e r of February 6,1970. Notice of Receipt of Application for Memorial Institute for the Commission. The “Indications” section is as follows: The Commission has granted to Battelle (Labeling guidelines for the drug are Construction Permits and Facility a Use Permit which contemplates, among available from the Administration on Licenses; Time for Submission of other things, the use of the PRCF by request.) Views on Antitrust Matters Battelle in conducting research and de­ I ndications The Virginia Electric and Power Co., velopment activities for its own account. Symptomatic T reatment of Hyperkalemia 700 East Franklin Street, Richmond, VA Such use requires a license pursuant to 23209, pursuant to section 103 of the section 104c of the Atomic Energy Act 3. Marketing of such drugs may be of 1954, as amended (“ the Act” ) , and 10 continued under the conditions described Atomic Energy Act of 1954, as amended, has filed an application, dated Septem­ CFR Part 50. in the notice entitled “Conditions for The Commission has found that the Marketing New Drugs Evaluated in Drug ber 15, 1971, for authorization to con­ struct and operate two additional nu­ application, as amended, for the facility Efficacy Study,” published in the F ederal license complies with the requirements Register July 14, 1970 (35 F.R. 11273), clear reactors, designated as the North as follows: Anna Power Station Units No. 3 and of the Act, and the Commission’s regula­ tions published in 10 CFR Chapter I. a. For holders of “ deemed approved” No. 4, on the applicant’s site in Louisa County, Va. The license will be issued after the Com­ new drug applications (i.e., an applica­ mission makes the findings required by tion which became effective on the basis The site is located south of the North Anna River, approximately 24 miles the Act and the Commission’s regula­ of safety prior to October JO, 1962), the tions, which are set forth in the proposed submission of a supplement for revised southwest of Fredericksburg, 40 miles north-northwest of Richmond, Va., and license, and concludes that the issuance labeling and an abbreviated supplement of this license will not be inimical to the for updating information as described in 38 miles east of Charlottesville, Va. The reactors will be located adjacent to common defense and security or to the Paragraphs (a) (1) (i) and (iii) of the health and safety of the public. In addi­ notice of July 14,1970. North Anna Power Station Units No. 1 and No. 2 on'a peninsula in a reservoir tion, Battelle Memorial Institute will be b. For any person who does not hold that is to be formed when an earthen required to execute an indemnity agree­ an approved or effective new drug appli­ dam is constructed approximately 5 ment as required by section 170 of the cation, the submission of an abbreviated miles southeast of the site. Act and 10 CFR Part 140 of the Commis­ new drug application as described in The proposed nuclear powerplant will sion’s regulations. Paragraph (a) (3) (i) of that notice. consist of two pressurized water reac­ Within 15 days from the date of pub­ c. For any distributor of the drug, the tors, each of which is designed for initial lication of this notice in the F ederal Pse of labeling in accord with this an­ operation at approximately 2,631 ther­ R eg ist e r , the applicant may file a re­ nouncement for any such drug shipped mal megawatts with a gross electrical quest for a hearing and any person whose within the jurisdiction of the Act as output of approximately 950 megawatts. interest may be affected by this pro­ described in paragraph (b) of that ceeding may file a petition for leave to notice. Any person who wishes to have his views on the antitrust aspects of the intervene. Requests for a hearing and copy of the Academy’s report has application presented to the Attorney petitions to intervene shall be filed in dcen furnished to the firm referred to General for consideration shall submit accordance with the Commission’s Dove. Communications forwarded in such views to the Commission within “ Rules of Practice” in 10 CFR Part 2. esponse to this announcement should sixty (60) days after October 21, 1971. I f a request for a hearing or a petition Wended with the reference number A copy of the application is available for leave to intervene is filed within the ESI 11287, directed to the attention of for public inspection at the Commission’s time prescribed in this notice, the Com­ ..® aPPropriate office listed below, and Public Document Room, 1717 H Street mission will issue a notice of hearing or aaaressed to the Food and Drug Admin- NW., Washington, DC, and at the Office an appropriate order. tration, 5600 Fishers Lane, Rockville, of the Board of Supervisors, Louisa For further details with respect to this Maryland 20852: County Courthouse, Louisa, Va. 23093. proposed license, see (1) the application

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21616 NOTICES notarized April 27, 1970, and amend­ Dated at Washington, D.C., Novem­ Proposal by Northwest Airlines, Inc., ments thereto dated July 6, 1970, and ber 5, 1971. revised application of night coach fares, Docket 21866-9. December 28,1970, and (2) the proposed [ s e a l ] J o s e p h L. F it z m a u r ic e , facility license, including the Technical Hearing Examiner. By Order 71-9-99, dated September 27, Specifications, and (3) a related Safety 1971, the Board suspended and set for Evaluation prepared by the Division of [FR Doc.71-16504 F le d 11-10-71; 8:51 am ] investigation a proposal made by North­ Reactor Licensing, all of which are avail­ west Airlines, Inc. (Northwest) to revise able for public inspection at the Com­ [Dockets Nos. 23780, 23919, Order 71-11-30] the applicability of its deluxe night coach mission’s Public Document Room at 1717 and night coach fares so as to apply on H Street NW., Washington, DC. A copy STUDENT, YOUTH, AND SENIOR- flights departing Miami for Chicago, Mil­ of each of items (2) and (3) above may CITIZENS FARES IN U.S. AND waukee, and Minneapolis between the be obtained upon request sent to the FOREIGN AIR TRANSPORTATION hours of 9 p.m. and 3:59 a.m., instead of U.S. Atomic Energy Commission, Wash­ the present 10 p.m. and 3:59 a.m. On ington, D.C. 20545, Attention: Director, Order of Consolidation October 15, 1971, Northwest filed a peti­ Division of Reactor Licensing. Student, youth, and senior-citizen fares tion for reconsideration requesting that in foreign air transportation, Docket the Board reverse its decision and per­ Dated at Bethesda, Md., this 4th day mit it to implement the change as of November 1971. 23780; international student and youth fares applying to U.S. residents in air proposed. For the Atomic Energy Commission. transportation, Docket 23780; senior- In support of its petition, Northwest D o n a ld J. S k o v h o l t , citizen fares in foreign air transporta­ alleges that, effective December 15, 1971, Assistant Director for Reactor tion, Docket 23919. Delta Air Lines, Inc. (Delta) plans to op­ Operations, Division of Re­ Adopted by the Civil Aeronautics Board erate a night coach service departing actor Licensing. at its office in Washington, D.C., on the Miami at 9 p.m. for Chicago. Accord­ ingly, Northwest requests either that the [P R Doc.71-16571 Filed 11-10-71:8:53 am] 5th day of November 1971. By Order 71-9-3, dated September 1, Board permit it to match this service 1971, the Board ordered an investigation or that it order Delta to charge the ap­ of student and youth fares in foreign air propriate day coach fare for the flight transportation. By Order 71-10-71, dated in question. CIVIL AERONAUTICS BOARD October 18, 1971, an investigation was The Board finds that Northwest’s peti­ [Docket No. 23837] ordered into the lawfulness of senior- tion sets forth no new facts which war­ citizen fares in foreign air transporta­ rant a reversal of our decision in Order BASLER FLIGHT SERVICE, INC., tion.1 Both investigations are currently 71-9-99. Delta has now filed a change in ENFORCEMENT PROCEEDING awaiting the assignment of an examiner its official schedules which cancels the and a prehearing conference. Miami departure in question and in lieu Notice of Hearing Upon consideration of the substantial thereof provides a night coach flight de­ Notice is hereby given pursuant to the identity of the issues and other factors, parting Ft. Lauderdale at 10 p.m. Con­ Federal Aviation Act of 1958, as the Board finds that cbnsolidation of sequently, the issue of competitive neces­ amended, that a hearing in the above- Docket 23919 into Docket 23780 will be sity appears to.have been resolved. entitled proceeding is assigned to be held conducive to the proper dispatch of the Accordingly, pursuant to the Federal on December 1, 1971, at 10 a.m. (local Board’s business and to the ends of jus­ Aviation Act of 1958, It is ordered, That: time) in Room 805, Universal Building, tice and will not unduly delay the pro­ 1. The request by Northwest Airlines, 1825 Connecticut Avenue NW., Washing­ ceedings. Inc. for reconsideration of Order 71-9-99 ton, DC, before Examiner Richard M. Accordingly, pursuant to the Federal is hereby denied. Hartsock. Aviation Act of 1958, It is ordered, That: 1. Docket 23919 is consolidated into 2. Copies of this order be served upon Dated at "Washington, D.C., Novem­ Docket 23780, which is redesignated as Delta Air Lines, Inc., Eastern Air Lines, ber 5, 1971. “Student, Youth, and Senior-Citizen Inc., and Northwest Airlines, Inc. [ s e a l ] R a l p h L. W ise r , Fares in Foreign Air Transportation.” This order will be published in the Chief Examiner. 2. Copies of this order shall be served F ederal R eg ist e r . [FR Doc.71-16503 Filed 11-10-71;8:51 am] upon all parties to Dockets 23919 and By the Civil Aeronautics Board. 23780. [ s e a l ] H arry J. Z in k , This order shall be published ip the Secretary. [Docket No. 23910] F ederal R e g ister . [FR Doc.71-16501 F le d 11-10-71;8:53 am] NIGERIA AIRWAYS, LTD. FOREIGN AIR By the Civil Aeronautics Board.

CARRIER PERMIT APPLICATION [ s e a l ] H a r r y J. Z i n k , Notice of Postponement of Prehearing Secretary. GENERAL SERVICES Conference and Hearing [FR Doc.71-16500 Filed 11-10-71;8:53 am] Notice is hereby given that the pre- [Docket No. 21866-9; Order 71-11-29] ADMINISTRATION hearing conference now scheduled for [Federal Property Management Regs. November 26, 1971, is hereby postponed NORTHWEST AIRLINES, INC. Temporary Reg. F-128] to December 9, 1971, at 10 a.m. (local Order Denying Petition for SECRETARY OF DEFENSE time) in Room 911, Universal Building, Reconsideration 1825 Connecticut Avenue NW., Washing­ Delegation of Authority Adopted by the Civil Aeronautics ton, DC, before the undersigned 1. Purpose. This regulation delegates Board at its office in Washington, D.C., on authority to the Secretary of Defense to examiner. the 5th day of November 1971. Notice is also given that the hearing represent the consumer interests of tn executive agencies of the Federal Gov­ may be held immediately following con­ 1 Subsequent to the date of the latter order, ernment in an electric service rate clusion of the prehearing conference un­ Sabena Belgian World Airlines filed senior- less a person objects or shows reason for citizen fares applicable between New York proceeding. and Belgium which match the KLM senior- 2. Effective date. This regulation is ef­ postponement on or before December 2, citizen fares. These fares are automatically 1971. included in Docket 23919. fective immediately.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21617

3. Delegation, a. Pursuant to the au­ the cutoff dates are set forth in the alter­ tion 309 of the Communications Act of thority vested in me by the Federal Prop­ native— applications will be entitled to 1934, as amended, concerning any erty and Administrative Services Act. of consideration with those listed in the ap­ domestic public radio services applica­ 1949, 63 Stat. 377, as amended, particu­ pendix if filed by the end of the 60-day tion accepted for filing, is directed to larly sections 201(a) (4) and 205(d) (40 period, only if the Commission has not U.S.C. 481(a) (4) and 486(d)), authority acted upon the application by that time § 21.27 of the Commission’s rules for is delegated to the Secretary of Defense pursuant to the first alternative earlier provisions governing the time for filing to represent the consumer interests of date. The mutual exclusivity rights of a and other requirements relating to such the executive agencies of the Federal new application are governed by the pleadings. Government before the New Jersey earliest action with respect to any Board of Public Utility Commissioners in one of the earlier filed conflicting F ederal C ommunications a proceeding (Docket Nos. 719-627 and applications C o m m is s io n , 719-628) involving the applications of The attention of any party in interest [ s e a l ] B e n F. W a p le , New Jersey Power and Light Co., and its desiring to file pleadings pursuant to sec- Secretary, affiliate, Jersey Central Power and Light Co., for a rate increase. A pplications A c c e p t e d f o r F i l i n g b. The Secretary of Defense may re­ DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE delegate this authority to any officer, of­ 2415- C2-P-72— Empire Communications Co. (N ew ), For a new one-way station to be located ficial, or employee of the Department of at the KPIC Tower, 3 miles northeast of Roseberg, Oreg., to operate on 152.24 MHz. Defense. 2416- C2-MP-72— Maureen L. Smith (KRS715), To replace transmitter operating on 158.70 c. This authority shall be exercised in MHz located at 606 Wisconsin Avenue, Milwaukee, W I. accordance with the policies, procedures, 2417- C2-P-72— Monroe Radiotelephone Co. (KKX711), To replace transmitter operating on and controls prescribed by the General 152.06 MHz, located at 0.5 mile northwest of Petal, Miss. Services Administration, and, further, 2418- C2-P-72— Monroe Radiotelephone Co. (KKM574), To replace transmitter operating on shall be exercised in cooperation with the 152.03 MHz, located at 468 South 14th Avenue, Laurel, MI. responsible' officers, officials, and em­ 2419- C2-P-72— All City Telephone Answering Service, Inc. (KRS716), For additional facili­ ployees thereof. ties to operate on 152.24 MHz, at location No. 2 : 20600 West National Avenue, New Berlin, WI. Ron K reger, 2420- C2—AL-72— Lee Telephone Co., Consent to transfer of control from Lee Telephone Co., Acting Administrator, Assignor, to: New Lee, Inc., Assignee. Station: KJU797 Martinsville, Va. General Services Administration. 2422-C2-AL-(2)-72— Southeastern Telephone Co., Consent to assignment of license from Southeastern Telephone Co., Assignor, to: New Southeastern, Inc., Assignee. Stations: N o v e m b e r 5, 1971. KIN646 Tallahassee, Fla., and KIY737 Crestview, Fla. [FR Doc.71-16481 Filed 11-10-71;8:49 am] 2437- C2-P-72— Paging, Inc. (New), For a new two-way station to be located at Brosh Moun­ tain, 2.8 miles northwest of Blacksburg, Va., to operate on 152.18 MHz. 2438- C2-P-72— Paging, Inc. (N e w ), For a new two-way statipn to be located at Route No. 57, 0.2 mile east of Martinsville, Va., to operate on 152.18 MHz. 2439- C 2 -A L -(2 )-7 2 — Allegheny Mobile Communications, Consent to assignment of license FEDERAL COMMUNICATIONS from Nicholas Mervos, Jr., Ben Farkas and Edith M. Miller, Administratrix of Estate of Joseph S. Miller (Deceased), doing business as Allegheny Mobile Communications, As­ COMMISSION signors, to : Allegheny Mobile Telephone Co., Inc., Assignee. Stations: KGA252 McKeesport, Pa., and KWB370 Pittsburgh, Pa. (on e-w ay). [Report 569] 2442- C 2 -P -(2)-72— Radio Dispatch Co. (N ew ), For a new one-way, station to be located at COMMON CARRIER SERVICES 2.5 miles east-northeast of Bridgeton, N.J., to operate on frequencies 152.240 and 158.700 INFORMATION 1 MHz. 2443- C2-P-72— Unita Basin Telephone Association, Inc. (KON909), Replace transmitter and Domestic Public Radio Services change the antenna system operating on 152.54 MHz, located 1 mile northeast of Applications Accepted for Filing 2 Randlett, Utah. 2444- C2-P-(2)-72—New York Telephone Co. (KED350), Replace transmitters and add N o v e m b e r 8, 1971. antenna for facilities operating on 454.675 and 454.750 MHz, located at Southport Hill, Pursuant to §§ 1.227(b)(3) and 21.30 Comfort Road— 5.75 miles south of Elmira, N.Y. (A ir-G rou n d). (b) of the Commission’s rules, an appli­ 2445- C2-ML-72— Imperial Communications Corp. (KLF644), Interchange frequencies of cation, in order to be considered with the 152.24 MHz base station at location No. 1: Mount Soledad, San Diego, Calif., with the 158.70 MHz base station at location No. 3: Mount Woodson, Calif. any domestic public radio services appli­ 2446- C2-ML-72— Imperial Communications Corp. (KMA262), Interchange frequencies .of cation appearing on the attached list, the 152.03 MHz base station at location No. 1: Mount Soledad, San Diego, Calif., with the must be substantially complete and 152.18 MHz at location No. 4: Mount Woodson, Calif. tendered for filing by whichever date is 2447- C2-MP-72—Mobilfone Communications (KLB500), Change base frequency to 152.18 earlier; (a) The close of business 1 busi­ MHz; replace transmitter operating on same; change the antenna system and relocate ness day preceding the day on which the facilities to 200 West Capitol Street, Little Rock, AR. Commission takes action on the pre­ 2448- C 2 -M P -(4 ) 72— Capital Telephone Co. (KEC937), Add repeater facilities to operate on viously filed application; or (b) within 454.200 MHz and 454.275 MHz at Helderberg 2, 2.2 miles west-northwest of New Salem, 60 days after the date of the public New Scotland, N.Y., and add control facilities to operate on 459.200 MHz and 459.275 MHz notice listing the first prior filed appli­ at 611 Union Street, Schenectady, NY. cation (with which subsequent applica­ 2523-C2-P-72— Telephone Answering Exchange (KGI781), Replace transmitter and ohange tions are in conflict) as having been the power for facilities operating on 152.24 MHz, located at WWSL-FM, Bald Mountain, accepted for filing. An application which Scranton, Pa. is subsequently amended by a major 2562- C2-P-72— Montana Communications (KOF914), Replace transmitter and change the power for facilities operating on 454.05 MHz at location No. 1: 3200 Clark Street, Missoula, change will be considered to be a newly MT. filed application. It is to be noted that 2563- C2-P-72— South Central Bell Telephone Co. (K IY600), For additional facilities to operate on 158.04 MHz (auxiliary test), at 810 Kentucky Avenue, Paducah, KY. 2564- C2-P-72— Kidd’s Communications, Inc. (KMA257), Relocate control facilities operating All applications listed below are subject on 459.325 MHz from location No. 9 to location No. 3: 105 Asher Street, Taft, CA. b« iui^*ler consideration and review and may 2570-C2-P-72— New Jersey Mobile Telephone Co., Inc. (KEK290), For additional facilities to 5®turne

No 218— P t I _____ FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21618 Major Amendment po in t-to-point microwave radio service (nontelephone) — Continued 7519-C2-P-70— Curtin Call Communications (New), Amended to change base frequency 5926- C l-P-70— MCI St. Louis-Texas, Inc. (N ew ), Site No. 5: Station location: 4.3 miles

to 158.70 MHz and class of station to one-way signaling. See public notice dated May 25, south-southwest of Freeburg, Mo. Delete NOTICES frequencies 6226.9 and 6345.5 MHz on azimuth 1970, Report No. 493. 58°37' and 6197.2 MHz and 6315.9 MHz on azimuth 213 °51\ Add frequency 6345.5 MHz on 5029-C2-P-71— City Answering Service (New ), Amended to change location and antenna azimuth 57°19' and 6197.2 MHz on azimuth 215°16\ Relocate site to latitude 38°15'15" N., height above terrain. See public notice dated Mar. 29,1971, Report No. 537. longitude 91°55'53” W. 5927- C 1—P—70— MCI St. Louis-Texas, Inc. (New ), Site No. 6 : Station location: 1.5 miles BUBAL EADIO SERVICE northeast of Hancock, Mo. Delete frequencies 5974.8 and 6093.5 MHz on azimuth 33°43' 2420- C1-AL-72— Lee Telephone Co., Consent to assignment of license from Lee Telephone and 6004.5 and 6123.1 MHz on azimuth 228°56'. Add frequency 6093.5 MHz on azimuth Co., Assignor, to: New Lee, Inc., Assignee. Station: WAD71 Temp-Fixed. 35°08' and 6152.8 MHz on azimuth 228°55'. Relocate site to latitude 37°59'50" N., longi­ tude 92°09'39” W. POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) 5928- C1-P-70— MCI St. Louis-Texas, Inc. (New ), Site No. 7: Station location: 2.2 miles east-southeast of Lebanon, Mo. Delete frequencies 6286.2 and 6404.8 MHz on azimuth 2421- C l-A L -(3 )-7 2 — Lee Telephone Co., Consent to assignment of license from Lee Tele­ 48°39' and 6226.9 and 6345.5 MHz on azimuth 207°29'. Add frequency 6315.9 MHz on phone Co., Assignor, to New Lee, Inc., Assignee. .Stations: KJH24 Martinsville, Va.; KJH25 azimuth 48°38' and 6375.2 MHz on azimuth 216°47'. Relocate site to latitude 37°40'35" Figsboro, Va.; KY078 Rocky Mount, Va. N., longitude 92°37'21” W. 2423-Cl-AL-(15)-72— Southeastern Telephone Co., Consent to assignment of license from 5929- C l—P—70— MCI St. Louis-Texas, Inc. (New ), Site No. 8 : Delete name Fordland, add Southeastern Telephone Co., Assignor, to New Southeastern, Inc., Assignee. Stations: name Sparkle Brook. Delete frequencies 5945.2 and 6063.8 MHz on azimuth 27° 17' and KIQ62 Monticello, Fla.; KIQ63 Tallahassee, Fla.; KIQ64 Crestview, Fla.; KIQ65 Gobbler 5974.8 and 6093.5 MHz on azimuth 273°00'. Add frequencies 6152.8 MHz on azimuth 36°38' Hill, Fla.; K IQ66 Fort Walton Beach, Fla.; KIT39 Eglin Air Force Base, Fla.; KJA73 Crest- and 6004.5 MHz on azimuth 245°40'. Relocate site to latitude 37°25'08” N., longitude view, Fla.; KJB43 Forrest Beach, Fla.; KJX35 Crawfordville, Fla.; KKU97 Temporary Fixed 92°51'49” W. Location; KYC77 Eglin Air Force Base, Fla.; KYC78 De Funiak Springs, Fla.; KYC79 Mossy 5930- C1—P—70— MCI St. Louis-Texas, Inc. (N ew ), Site No. 9: Station location: Landers Head, Fla.; KYN97 Madison, Fla.; KYN98 Greenville, Fla. Building, Public Square, Springfield, Mo. Delete frequencies 6256.5 and 6375.2 MHz on 2565-C1—P—72— South Central Bell Telephone Co. (K LT46), Location: 333 North Sixth Street, azimuth 92°47' and 6226.9 MHz and 6345.2 MHz on azimuth 238°45\ Add frequency Baton Rouge, La. Latitude 30°26'59'' N., longitude 91°11'06'' W. To add frequency 11,245 6034.2 MHz on azimuth 48°44' and 6093.5 MHz on 238°43\ MHz toward W R BT -T V Studios, Baton Rouge, La., and change street address from 555 5931- C1—P—70— MCI St. Louis-Texas, Inc. (New ), Site No. 10: Station location: 3.5 miles Florida Street, to 333 North Sixth Street. • north-northeast of Marionville, Mo. Delete frequencies 6004.5 and 6123.1 MHz on azimuth 58°33'. Add frequency 6286.2 MHz on azimuth 58°31\ Relocate site to latitude 37°03'07" 2598- C1—P-72— MCI St. Louls-Texas, Inc. (New ), A a?w station at 7900 Van Buren Street, N., longitude 93°36'52” W. All other particulars same as reported on public notice dated St. Louis, MO, at latitude 38°32'30'' N., longitude 90°15'19'' W. Frequencies 6375.2 MHz Apr. 13,1970. j on azimuth 242°30'. Frequency 10,735 MHz and 11,135 MHz on azimuth 29°59'. 2599- C 1—P—72— MCI St. Louis-Texas, Inc. (N e w ), A new station 3 miles north of Stafford, POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) Mo., at latitude 37°19'19" N., and longitude 93°07'53" W. Frequency 6315.9 MHz on The following applicants proposes to establish omnidirectional facilities for the provision azimuth 65°31' and 6256.5 MHz on azimuth 228°50'. of common carrier “Subscriber-Programed” television service. Major Amendment 2440- C1-P-72— Microwave Transmission Corp. (N e w ), A new station at 530 B Street, San 5922- C1-P-70— MCI St. Louis-Texas, Inc. (New ), Site No. 1: Station location: 720 Olive Diego, CA. Latitude 32°43'05” N., longitude 117°09'32" W. Frequencies: 2152.325 (visual) Street, St. Louis, MO. To delete frequencies 6212.0 MHz and 6360.3 MHz add frequencies 2150.20 MHz (aural) toward various receiving points of system and 2158.50 (visual) 11,225 MHz and 11,625 MHz. Correct azimuth to 210°01'. v 2154.00 MHz (aural) toward various receiving points of system. 2441- C1-P-72— American Communications & Electronics Corp. (New ), A new station at 5923- C1-P-70— MCI St. Louis-Texas, Inc. (N ew ), Site No. 2: Station location: 2 miles 104 West Franklin Street, Richmond, VA. Latitude 37°32'41” N., longitude 77°26'40" W. southeast of High Ridge, Mo. Delete Frequencies 5960.0 and 6078.6 MHz on azimuth 58°22' Frequencies: 2152.325 MHz (visual) and 2150.20 MHz (aural) toward various receiving and 6034.2 MHz and 6152.8 MHz at 270° 10'. Add frequencies 6004.5 MHz on azimuth 62°20' points of system and 2158.50 MHz (visual) and 2154.00 MHz (aural) toward various and 6152.8 MHz on azimuth 273°38'. Relocate site to latitude 38°26'16" N„ longitude receiving points of system. 90°30'30'' W. 2560- C1—P—72— Microband Corp. of America (New), A new station at First and Merchants 5924- C1-P-70— MCI St. Louis-Texas, Inc. (New ), Site No. 3: Station location: 3.6 miles National Bank Building, Atlantic and Plume Streets, Norfolk, VA. Latitude 36°50'43" N., northwest of Union, Mo. Delete frequencies 6197.2 and 6315.9 MHz on azimuth 89°50' longitude 76°17'28" W. Frequencies 2152.325 MHz (visual) and 2150.20 MHz (aural) and 6256.5 and 6375.2 MHz on azimuth 274°42'. Add frequencies 6256.5 MHz on azimuth toward various receiving points of system and 2158.50 MHz (visu al)) and 2154.00 MHz 93° 17’ and 6404.8 MHz on azimuth 274°46'. Relocate site to latitude 38°27'50" N., longi­ (aural) toward various receiving points of system. tude 91 °03'30" W. 2561— Cl—P—72— Microband Corp. of America (New), A new station at Industrial National 5925- C1-P-70— MCI St. Louis-Texas, Inc. (New ), Site No. 4: Station location: 2 miles north Bank Building, 111 Westminster Street, Providence, RI. Latitude 41°49'25” N., longitude of Drake, Mo. Delete frequencies 6004.5 and 6123.1 MHz on azimuth 94°27' and 5945.2 and 71°27'06" W. Frequencies: 2152.325 MHz (visual) and 2150.20 MHz (aural) toward various 6063.8 MHz on azimuth 238°55'. Add frequencies 6152.8 MHz on azimuth 94°31' and receiving points of. system and 2158.50 MHz (visual) and 2154.00 MHz (aural) toward various receiving points of system. 6152.8 MHz on azimuth 237°36'. Relocate site to latitude 38°29'23" N., longitude 91°- 27'45” W. [FR Doc.71-16510 Filed 11-10-71;8:51 am]

FEDERAL REGISTER, VOL. 3 6 , NO. 218- -THURSDAY, NOVEMBER 11, 1971 NOTICES 2M 19

[Docket No. 19339; FCC 71-1113] spect to issue (1) and the applicant shall 3. Accordingly, it is ordered, That DUBUQUE COMMUNICATIONS CORP. have the burden of proof with respect to pursuant to section 309(e) of the Com­ all the issues. munications Act of 1934, as amended, the Memorandum Opinion and Order 6. I t is further ordered, That to avail captioned application is designated for Designating Application for Hear­ itself of the opportunity to be heard, the hearing at Washington, D.C., at a time ing on Stated Issues applicant, pursuant to § 1.221(c) of the to be specified in a subsequent order, Commission’s rules, in person or by at­ upon the following issues : In regard application of Dubuque Com­ torney, shall, within twenty (20) days of 1. To determine all of the facts and munications Carp. (K D U B -T V ), Du­ the mailing of this order, file with the circumstances surrounding the payment buque, Iowa, for license to cover con­ Commission, in triplicate, a written ap­ made by Keith Moyer to a representative struction permit, Docket No. 19339, Pile pearance stating an intention to appear of the American Broadcasting Co. and No. BLCT-2002. on the date fixed for the hearing and the changes in the Station W JJY-TV 1. We have before us for considera­ present evidence on the issues specified affiliation agreement. tion: (1) The captioned license applica­ in this order. 2. To determine in light of the evidence tion of Dubuque Communications Corp., 7. i t is further ordered, That the ap­ adduced pursuant to the above issue, licensee of television Station KDUB-TV, plicant shall, pursuant to section whether Look Television Corp. possess Dubuque, Iowa; and (2) matters coming 311(a)(2) of the Communications Act the requisite qualifications to be a li­ to our attention as a result of an investi­ of 1934, as amended, and § 1.594 of the censee of the Commission. gation in Docket No. 18811,1 which raise Commission’s rules, give notice of the 3. To determine in light of the evidence a substantial question as to Dubuque hearing within the time and in the man­ adduced pursuant to the above issues, Communications Corp.’s qualifications to ner specified in such rule, and shall ad­ whether a grant of the application would be a licensee of the Commission. vise the Commission of the publication serve the public interest, convenience, 2. In view of the evidence adduced in of such notice as required by § 1.594(g) and necessity. Docket No. 18811 with respect to the ac­ of the rules. 4. I t is further ordered, That the Chief tions of Gerald Green, president of Du­ Adopted: October 28,1971. of the Broadcast Bureau shall serve upon buque Communications Corp. and gen­ the captioned applicant, within sixty eral manager of Station KDUB-TV, we Released: November 4,1971. (60) days of the release of this order, a are unable to conclude that a grant of the ederal ommunications bill of particular setting forth the basis captioned application would serve the F C C o m m is s io n ,2 for the adoption of the above hearing public interest. Accordingly, it is neces­ [ s e a l ] B e n F. W a p l e , issue (1). sary to designate the application for hearing. Secretary. 5. I t is further ordered, That the Broadcast Bureau shall proceed with the 3. Accordingly, it is ordered, That pur­ [FR Doc.71-16518 Filed 11-10-71;8:52 am] initial introduction of evidence with re­ suant to section 309(e) of the Communi­ spect to issue (1) and the applicant shall cations Act of 1934, as amended, the [Docket No. 19340; FCC 71-1114] have the burden of proof with respect to captioned application is designated for all the issues. hearing at Washington, D.C., at a time LOOK TELEVISION CORP. 6. It is further ordered, That to avail to be specified in a subsequent order, Memorandum Opinion and Order upon the following issues; itself of the opportunity to be heard, the 1. To determine all of the facts and Designating Application for Hear­ applicant, pursuant to § 1.221(c) of the circumstances surrounding the payments ing on Stated Issues Commission’s rules, in person or by attor­ made by Gerald Green to a representa­ ney, shall, within twenty (20) days of In regard application of Look Tele­ the mailing of this order, file with the tive of the American Broadcasting Co. vision Corp. (W J J Y -T V ), Jacksonville, 2. To determine in light of the evi­ Commission, in triplicate, a written ap­ HI., for renewal of license, Docket No. pearance stating an intention to appear dence adduced pursuant to the above 19340, File No. BRCT-663. on the date fixed for the hearing and issue, whether Dubuque Communica­ 1. We have before us for considera­ tions Corp. possesses the requisite quali­ present evidence on the issues specified tion: (1) The captioned application of in this order. fications to be a licensee of the Look Television Corp. for renewal of the Commission. license of television station WJJY-TV, 7. I t is further ordered, That the ap­ 3. To determine in light of the evi­ Jacksonville, HI.; and (2) matters com­ plicant shall, pursuant to section 311(a) dence adduced pursuant to the above is­ ing to our attention as a result of an (2) of the Communications Act of 1934, sues, whether a grant of the applica­ investigation in Docket No. 18811,1 as amended, and § 1.594 of the Commis­ tion would serve the public interest, con­ which raise a substantial question as to sion’s rules, give notice of the hearing venience and necessity. Look Television Corp.’s qualifications to within the time and in the manner speci­ 4. It is further ordered, That the Chief be a licensee of the Commission. fied in such rule, and shall advise the of the Broadcast Bureau shall serve upon 2. In view of the evidence adduced in Commission of the publication of such the captioned applicant, within sixty Docket No. 18811 with respect to the notice as required by § 1.594(g) o f the (60) days of the release of this order, a actions of Keith Moyer, president of rules. bill of particulars setting forth the basis Look Television Corp., we are unable to Adopted: October 28, 1971. for the adoption of the above hearing conclude that a grant of the captioned issue (l). application would serve the public in­ Released: November 4, 1971. 5. It is further ordered, That the terest. Accordingly, it is necessary to des­ F ederal C ommunications Broadcast Bureau shall proceed with the ignate the renewal application for C o m m is s io n ,* initial introduction of evidence with re­ hearing. [ s e a l ] B e n F . W a p l e , Secretary. * Commissioner Reid not participating. l In Docket No. 18811, the Commission, [FR Doc.71-16519 Filed 11-10-71;8:52 am] 1 In Docket No. 18811, the Commission, pur­ pursuant to sections 403 and 409(1) of the suant to sections 403 and 409(1) of the Com­ oommunications Act of 1934, as amended, [FCC 71-1149] munications Act of 1934, as amended, instituted an inquiry to determine whether instituted an inquiry to determine whether roadcast licensees or permittees, or any SCREEN GEMS STATIONS, INC. broadcast licensees or permittees, or any principal, agent or employee thereof, made principal, agent or employee thereof, made Memorandum Opinion and Order payments to employees or principals of net- payments to employees or principals of net­ 8 f° r the PurPose of obtaining affiliation works for the purpose of obtaining affiliation Regarding Prime Time Access Rule such networks. The Commission em- with such networks. The Commission Waiver tirnf*26*1 any s u c l1 payment raises ques­ emphasized that any such payment raises ting +aS *° tlie particular party’s qualiflca- questions as to the particular party’s qual­ In the matter of request for waiver of r w f , remain a licensee or permittee of the ifications to remain a licensee or permittee the “prime tune access” rule, § 73.658 (k) ^¡¡mission, FCC 70-267, released Mar. 16, of the Commission, FCC 70-267, released March 16,1970. * Commissioner Reid not participating.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER IT , 1971 21620 NOTICES by Station KCPX-TV, Salt Lake City, programs during prime time on the fol­ basis of his amended application con­ Utah. lowing 7 days. clude that an issue on this aspect of his proposal is not required. Calandria’s pri­ 1. The Commission has received from Adopted: November 3, 1971. Screen Gems Stations, Inc. a request for mary source of funds is a $100,000 loan waiver of the “prime time access” rule, Released: November 5,1971. from his mother, Challis Walker de Ca­ landria. Tung Broadcasting alleges that § 73.658(k), which, after October 1, 1971, F ederal C ommunications this loan is not acceptable because it in general limits TV stations in the top C o m m is s io n ,1 does not set forth specific terms of re­ 50 markets to the presentation of no [ s e a l ] B e n F. W a p l e , more than 3 hours of network program­ Secretary payment, but in light of the fact that Mrs. Calandria has stated that the loan ing during “prime time” (7-11 p.m., local [P R Doc.71-16511 Plied 11-10-71:8:52 am] time, except 6-10 p.m., c.t. in the central shall be free of both interest charges time zone). The request is on behalf and collateral requirements, and that of Station KCPX-TV, Salt Lake City, TUNG BROADCASTING CO. AND repayment shall be made only out of the Utah, and is for permission to present ANDRES CALANDRIA net profits of the station, we have 3 hours 15 minutes of ABC programs credited Calandria with the entire during prime time on Saturday, Novem­ [Dockets Nos. 19345,19346; PCC 71-1136] $100,000. Thus, Mr. Calandria has shown ber 6, 1971. This would include 3 hours Memorandum Opinion and Order that he has available a cushion of more than $37,000 above his stated needs of of ABC’s NCAA football game that eve­ Designating Applications for Con­ ning (which begins at 9:30 e.t., or 7:30 $63,482, which includes $32,982 for first- m .t.), plus 15 minutes of ABC late news, solidated Hearing on Stated Issues year operation. What Tung Broadcast­ which the station wishes to present from In regard applications of Tung Broad­ ing considers as the lack of explanation 10:30 to 10:45 p.m., m.t. casting Co., Picayune, Miss., Requests: for the change in Calandria’s cost esti­ 2. In support of its request, Screen 106.3 mcs, No. 292; 3 kw. (H ); 3 kw. ( V ) ; mates and his lack of managerial and Gems asserts that the waiver request is 177 feet, Docket No. 19345, File No. sales experience in radio are not only for only 15 minutes on one date only, BPH-7285; Andres Calandria, Picayune, irrelevant to the need for a financial is­ “ results from” the presentation of a live Miss., Requests: 106.3 mcs, No. 292 ; 3 sue—which we reject—but also to the sports event of widespread interest (cit­ kw.; 300 feet, Docket No. 19346, File No. other questions it seeks to raise about ing footnote 35 of the report and order BPH-7331; for construction permits. the Calandria application. in Docket 12782, 23 FCC 2d 382), and 1. The Commission has under con­ 4. The other questions which Tung reflects the unique situation of stations sideration (a) the above-captioned and Broadcasting has petitioned to be put in in the mountain time zone. Viewers in the described applications which are mu­ issue are directed to the bona tides of eastern and central zones can watch both tually exclusive in that operation by the Calandria’s application. Specifically, Tung Broadcasting asserts that doubt the entire game and the following ABC applicants as proposed would result in news without any problem, with half the mutually destructive interference; (b) exists that Calandria is the true party game and the news occurring after prime “Petition to Deny” the Calandria appli­ in interest in what it contends is a strike time ends, but this is not true in the cation, filed by Tung Broadcasting Co.; application. In support of these asser­ mountain zone. It is also .asserted that (c) Calandria’s “Reply to Petition to tions, Tung Broadcasting contends that K C PX -TV has made a number of Deny” ; and, (d) “Response of Tung Calandria is closely associated with Ben changes in its schedule to comply with Broadcasting Company”.1 O. Griffin, the licensee of WRPM(FM), the new “prime time access” rule; from Poplarville, Miss., some 25 miles away. 2. In its petition, Tung Broadcasting According to Tung Broadcasting, that an earlier request by this station (which attempts to raise three issues against was denied) it appears that its weekly station, in significant measure, directs its Andres Calandria. At considerable programing and advertising solicitation total of network programing during length, it argues that-Calandria’s finan­ prime time is somewhat under the 21 efforts towards Picayune. Thus, Tung cial and staffing proposals are totally in­ Broadcasting asserts, the expectation hours weekly limit which the rule in adequate. It contends that Calandria’s effect imposes on such presentation. would be that the licensee of WRPM estimates are either too low or. do not (FM ) would be affected by grant of a 3. We are of the view that waiver is include all necessary items, and in any warranted in this instance. This is not first nighttime service in Picayune. Yet, event, that the availability of the funds according to the petition, the licensee on the basis of “footnote 35,” which is necessary to construct and operate have limited to situations where waiver is re­ not only has not opposed Calandria’s ef­ not been demonstrated. Calandria’s an­ forts to obtain such a station, it has quired to permit the completion of a live swer is that all of the points raised in the sports broadcast which does not nor­ cooperated by agreeing to sell land for pleading were satisfied by the supple­ a transmitter site, by letting Calandria mally, but may occasionally, rim over mental financial showing contained in the allotted time. Rather, our decision usé his drugstore for a mailing address his amendment. Tung Broadcasting’s and even by letting his daughter assist is based on the fact that this is a “one­ response does not question Calandria’s time” request, involving only 15 minutes, Calandria in conducting the community financial qualifications as such, so much survey. Tung Broadcasting also states and, also, it results from circumstances as it does the absence of an explanation peculiar to the mountain time zone and that Calandria utilized the services of of the basis for the differences in the Mr. Griffin’s consulting engineer and, in the few stations in the three “top 50” figures specified in the amended finan­ markets located therein. We also note the fact, began his broadcasting career at cial showing. Moreover, in its view, WRPM(FM) as a part-time announcer. fact that the station appears to be pre­ Calandria is dependent on outside fi­ senting less than 21 hours a week of net­ None of these connections are said to be nancing and expertise, and at least as to mentioned in Calandria’s application. work material during prime time, and the matter of anticipated revenues, his are conditioning the waiver on a cor­ While the facts are said to be within showing is not consistent with reason­ the personal knowledge of Griffin and responding reduction in such presenta­ able expectations for the market. tion during the next 7 days following Sat­ Calandria, these matters suggest to Tung 3. We have carefully reviewed Ca­ Broadcasting that Griffin may be the urday, November 6. landria’s financial showing and on the 4. In view of the foregoing: It is real party in interest and that Calan­ ordered, That, Station KCPX-TV, Salt dria’s application may have been filed .Lake City, Utah, is granted waiver of 1 Commissioners Bartley and H. Rex Lee at least for the incidental purpose of de­ dissenting; Commissioner Johnson absent. laying or impeding the Tung Broadcast­ § 73.658(k) of the rules, to permit the 1 On Oat. 4, 1971, Tung Broadcasting Co. presentation of the ABC football game ing application. filed a supplement to petition to deny. The 5. Calandria’s answer to these allega­ plus 15 minutes of ABC news on the eve­ Commission’s rules do not provide for the tions is that he was interested in aPP/y* ning of Saturday, November 6, 1971: filing of such supplemental pleadings and in addition, Tung has failed to present any ing for the channel 5 months before the Provided, That the station carry no more material allegations which warrant consi­ Tung Broadcasting application was filed. than a total of 20% hours of network deration in this order. This assertion, he states, is supported by

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER. 11, 1971 NOTICES 21621 his request for FAA clearance 12 days as an effective outlet of local self-ex­ of this order, file with the Commission before Tung Broadcasting filed. At­ pression. Because Picayune is the only in triplicate, a written appearance stating tached to his pleading, Calandria includ­ sizeable community in the area, there is an intention to appear on the date fixed ed a copy of a letter from his consulting no possibility of the proposed main stu­ for the hearing and present evidence on engineer regarding filing which was dio locations contributing to a de facto the issues specified in this order. dated well before Tung Broadcasting reallocation of the stations. We there­ 17. It is further ordered, That the ap­ filed, and a statement from Ben O. Griffin fore conclude that each applicant has plicants herein shall, pursuant to section denying interest in Calandria’s applica­ demonstrated good cause to locate its 311(a) (2) of the Communications Act of tion. main studio beyond the city limits of 1934, as amended, and § 1.594 of the Com­ 6. In its response, Tung Broadcasting Picayune, Miss., in the event its applica­ mission’s rules, give notice of the hearing, takes issue with the unexplained late­ tion should be granted. either individually or, if feasible and con­ ness of Calandria’s answer and argues 10. Since Federal Aviation Adminis­ sistent with the rules, jointly, within the that this pleading should be disregarded. tration approval has not been obtained time and in the manner prescribed in Although Calandria’s answer was un­ for Calandria’s antenna structure, an such rule, and shall advise the Commis­ timely filed, we have nonetheless decided air menace issue has been specified and sion of the publication of such, notice as to consider it on its merits, which Tung the FAA has been made a party to this required by § 1.594(g) of the rules. proceedings Broadcasting characterizes as incom­ Adopted: November 3, 1971. plete and inadequate. Tung particularly 11. Except as indicated by the issues points out that it had originally sought specified below, the applicants are quali­ Released: November 5, 1971. fied to construct and operate as proposed. rule making to assign channel 292 to F ederal C ommunications However, because the proposals are mu­ Picayune and had indicated its intention C o m m is s io n ,2 to file an application at that time, so tually exclusive, they must be designated ' [ s e a l ] B e n F . W a p l e , that Calandria’s arguments concerning for hearing in a consolidated proceeding Secretary. the strike application and real-party-in­ on the issues specified below. interest questions should be considered to 12. It is ordered, That, pursuant to [FR Doc.71-16520 Filed 11-10-71;8:52 am ] be totally unpersuasive. section 309(e) of the Communications 7. In our view, Calandria has not re­ Act of 1934, as amended, the applica­ [Dockets Nos. 19336-19338; FCC 71-1112] solved the questions raised by the plead­ tions are designated for hearing in a ings. No attempt has been made to re­ consolidated proceeding, at a time and UNITED TELEVISION CO. ET AL. but the extent of Griffin’s advertising place to be specified in a subsequent order, upon the following issues: Memorandum Opinion and Order efforts in Picayune or his cooperative Designating Applications for Con­ efforts in connection with Calandria’s 1. To determine the facts and cir­ application. The additional assertions cumstances regarding ownership and solidated Hearing on Stated Issues regarding use of Griffin’s drug store as control of the Calandria proposal and In the matter of revocation of license a mailing address and his land for a whether Calandria is the sole party in of United Television Co. of New Hamp­ transmitted site along with the help interest. shire for television Station WMUR, Man­ rendered by Griffin’s daughter, in con­ 2. To determine whether the Calan­ chester, N.H., Docket No. 19336; in regard nection with Calandria’s survey do not dria proposal was filed with the principal applications of United Television Co. of appear consistent with ordinary expecta­ or incidental purpose of impeding or de­ Eastern Maryland, Inc. for television Sta­ tions of how a licensee would treat a laying the Tung Broadcasting proposal. tion WMET, Baltimore, Md., Docket No. prospective competitor. While Calan­ 3. To determine in light of the evi­ 19337, File No. BRCT-635; for renewal of dria’s interest in filing may have pre­ dence adduced in response to the forego­ license KECC Television Corp. for li­ dated the Tung Broadcasting filing, it ing issues whether Calandria possesses cense to cover construction permit certainly did not predate their expres­ the requisite legal qualifications to be a (BPCT-3079) as modified, authorizing a sion of interest in filing after having the licensee of the Commission. new television station (KECC-TV) at El channel assigned. The brief, incomplete, 4. To determine whether there is a Centro, Calif., Docket No. 19338, File No. and unresponsive disclaimers provided reasonable possibility that the tower BLCT—2099. height and location proposed by Calan­ by Griffin and Calandria are insufficient 1. We have before us for consideration to resolve the matter. Serious questions dria would constitute a manace to air navigation. (1) the above captioned applications and remain which require the addition of is­ (2) the Commission’s inquiry in Docket sues in the hearing on these applica­ 5. To determine which of the pro­ No. 18811.1 The Commission’s inquiry in tions., posals would, on a comparative basis, Docket No. 18811 has raised serious ques­ 8. Tung Broadcasting proposes to du­ better serve the public interest. tions as to the above licensees’ and plicate the programing of its compan­ 6. To determine in the light of the permittee’s qualifications to remain as li­ ion AM station approximately one-third evidence adduced pursuant to the fore­ censees and a permittee of this Com­ of the time while Andres Calandria pro­ going issues, which, if either, of the ap­ mission. poses independent operation. Therefore, plications for construction permit should 2. In view of the evidence adduced in evidence regarding program duplication be granted. Docket No. 18811 concerning a “ con­ will be admissible under the standard 13. I t is further ordered, That the sultancy” agreement between Richard comparative issue. When duplicated pro­ “Petition to Deny” filed by Tung Broad­ Eaton, president of United Broadcast­ graming is proposed, the showing per­ casting Co. is granted to the extent indi­ ing Co., Inc., the parent corporation of mitted under the standard comparative cated and in all other respects is denied. all of the above-listed corporations, and lssue will be limited to evidence con­ 14. It is further ordered, That in the cerning the benefits and detriments to Carmine Patti, ,an employee of American event either application is granted, Com­ Broadcasting Co., Inc., we are unable to be derived from the proposed duplica- mission consent pursuant to § 73.210(a) Plicate the programing of its compan- (3) of the Commission’s rules, to locate cant’s program proposals will not be that station’s main studio outside the city 2 Commissioner Johnson absent. Permitted in the absence of a specific limits of Picayune, Miss., shall be granted. 1 In Docket No. 18811, the Commission, pur­ Programing inquiry— Jones T. Sudbury, 15. It is further ordered, That the Fed­ suant to sections 403 and 409 (i) of the Com­ » FCC 2d 360, FCC 67-614 (1967). munications Act of 1934, as amended, insti­ eral Aviation Administration is made a tuted an inquiry to determine whether broad­ 9. Both applicants have requested au­ party to this proceeding with respect to thority under § 73.210(a) (3) of the Com­ cast licensees or permittees, or any principal, the Calandria application. agent, or employee thereof, made payments to mission’s rules to locate their main stu­ employees or principals of networks for the ri0 outside the city limits of Picayune 16. I t is further ordered, That to avail themselves of the opportunity to be purpose of obtaining affiliation with such net­ “t their respective transmitter sites. works. The Commission emphasized that any heard, the applicants and the FAA, pur­ such payments raises questions as to the ~?*ese locations are easily accessible by suant to § 1.221(c) of the Commission’s highway and are not likely to diminish particular party’s qualifications to remain a rules, in person or by attorney shall, licensee or permittee of the Commission, FCC the ability of either station to operate within twenty (20) days of the mailing 70-267, released Mar. 16, 1970.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21622 NOTICES conclude that the grant of the captioned upon the above-named licensees-and per­ Brenton Banks, Inc., which is a bank applications would serve the public in­ mittee, within 60 days of the release of holding company located in Des Moines, terest. Accordingly, it is necessary to this order, a bill of particulars setting Iowa, for prior approval by the Board designate the applications for hearing. forth the basis for. the adoption of hear­ of Governors of the acquisition by appli­ 3. Information relating to this con­ ing issue (1). cant of 99 percent of the voting shares of • sultancy has come to the attention of 9. I t is further ordered, That to avail Brenton Bank and Trust Co. of Cedar the Commission since the last renewal of themselves of the opportunity to be Rapids, Cedar Rapids, Iowa, a proposed license of WMUR-TV. This information heard, each of the parties herein, pur­ new bank. raises serious questions as to the req­ suant to § 1.221 of the Commission’s Section 3(c) of the Act provides that uisite qualifications of United Televi­ rules, in person or by attorney, shall the Board shall not approve: sion Co. of New Hampshire. Accordingly, within twenty (20) days of the mailing (1) Any acquisition or merger or con­ it is also necessary to designate the li­ of this order, file with the Commission, solidation under section 3 which would cense of WMUR for a revocation hearing. in triplicate, a written appearance stat­ result in a monopoly, or which would be in furtherance of any combination or 4. All of the questions raised in Docket ing an intention to appear on the date conspiracy to monopolize or to attempt No. 18811 deal with the actions of Rich­ fixed for the hearing and present evi­ to monopolize the business of banking ard Eaton. In view of this, we believe dence on the issues specified in this order. in any part of the United States, or that the orderly dispatch of the Com­ 10. I t is further ordered, That the bur­ mission’s business would be served by (2 ) Any other proposed acquisition or den of proceeding with the introduction merger or-consolidation under section 3 having all of the above-captioned mat­ of evidence and the burden of proof shall ters heard at one time in a consolidated whose effect in any section of the coun­ be upon the Commission with respect to try may be substantially to lessen com­ proceeding.2 that portion of the proceeding relating 5. Accordingly, it is ordered, That, petition, or to tend to create a monopoly, to the revocation of WMUR-TV.8 With or which in any other manner would be pursuant to the provisions of section respect to the proceeding relating to the 312(a) (1) and (2) of the Communi­ in restraint of trade, unless the Board applications, the Broadcast Bureau shall finds that the anticompetitive effects of cations Act of 1934, as amended, United proceed with the initial introduction of Television Co. of New Hampshire is di­ the proposed transaction are clearly out­ evidence with respect to issue (1) and rected to show cause why an order re­ weighed in the public interest by the the applicants shall have the burden voking the license of Station WMUR, probable effect of the transaction in of proof with respect to all the issues. Manchester, N.H., should not be issued meeting the convenience and needs of and to appear at a hearing to be held 11. It is further ordered, That the re­ the community to be served. in Washington, D.C. at a time to be newal and license applicants shall, pur­ Section 3(c) further provides that, in specified in a subsequent order. suant to section 311(a) (2) of the Com­ every case, the Board shall take into con­ 6. It is further ordered, That, pursu­ munications Act of 1934, as amended, and sideration the financial and managerial ant to section 309(e) of the Communica­ § 1.594 of the Commission’s rules, give resources and future prospects of the tions Act of 1934, as amended, the above- notice of the hearing within the time and company or companies and the banks captioned applications for licenses are in the manner specified in such rule, and concerned, and the convenience and designated for a hearing to be held in shall advise the Commission of the pub­ needs of the community to be served. Washington, D.C. at a time to be speci­ lication of such notice as required by Not later than thirty (30) days after fied in a subsequent order, upon the fol­ § 1.594(g) of the rules. the publication of this notice in the Fed­ lowing issues: Adopted: October 28,1971. eral R eg ist e r , comments and views re­ 1. To determine all of the facts and garding the proposed acquisition may be circumstances surrounding the payments Released: November 4,1971. filed with the Board. Communications should be addressed to the Secretary, made by Richard Eaton to a representa­ F ederal C ommunications tive of the American Broadcasting Co. C o m m is s io n ,4 Board of Governors of the Federal Re­ serve System, Washington, D.C. 20551. and the changes in WMUR-TV, KECC- [ s e a l ] B e n F . W a p l e , TV, and WMET-TV affiliation agree­ Secretary. The application may be inspected at the ments. office of the Board of Governors or the 2. To determine in light of the evi­ [P R Doc.71-16517 Piled 11-10-71:8:52 am ] Federal Reserve Bank of Chicago. dence adduced pursuant to the above Board of Governors of the Federal Re­ issue, whether the above-named li­ serve System, November 4,1971. censees and permittee have the requisite qualifications to be licensees or a per­ FEDERAL RESERVE SYSTEM [ s e a l ] T y n a n S m it h , Secretary of the Board. mittee of the Commission. BRENTON BANKS, INC. 3. To determine in light of the evidence [FR D oc.71-16460 Filed 11- 10-71 ;8:4S am] adduced pursuant to the above issues, Notice of Application for Approval of whether a grant of the applications Acquisition of Shares of Bank would serve the public interest, con­ FIRST NATIONAL CHARTER CORP. N o v em ber 4, 1971. venience and necessity. Notice is hereby given that application Order Approving Acquisition of Bank 7. I t is further ordered, That the Com­ has been made, pursuant to section Stock by Bank Holding Company mission’s order (18 FCC 2d 363) desig­ 3(a) (3) of the Bank Holding Company nating the applications of United Tele­ In the matter of the application of vision Co., Inc. (W F A N -T V ), Washing­ Act of 1956 (12 U.S.C. 1842(a)(3)), by First National Charter Cojp., Kansas ton, D.C. and United Broadcasting Co., City, Mo., for approval of acquisition oi Inc. (W OOK) (Docket Nos. 18559, et al.) s The renewal application of WMUR-TV 80 percent or more of the voting share is amended to provide that in the event is due to be filed January 3, 1972. When filed of The North Side Bank, Jennings, Mo. it is found the applications should be it shall be consolidated with this proceeding. There has come before the Board o granted, final action on such applications Since revocation is a procedure for terminat­ Governors, pursuant to section 3(an^ will be withheld until dispositive action ing an operation prior to the specified license of the Bank Holding Company Act oi is taken in the instant proceeding and term, there would be no point in pursuing 1956 (12 U.S.C. 1842(a)(3)) and §22^ that remedy once the specified term has (a) of Federal Reserve Regulation * that action in the instant proceeding expired. At that time the proper burden will shall be determinative as to the applica­ be on WMUR-TV to show that renewal of CFR 222.3(a)), an application by tions named above. its license for another term would be in the National Charter Corp., K a n s a s city. 8. It is further ordered, That the Chief, public interest and the revocation proceeding Mo., for the Board’s prior approval of tn acquisition of 80 percent or more of tn Broadcast Bureau, is directed to serve will be terminated. At that time the Broad­ cast Bureau will only have the burden of the voting shares of The North Side > initial introduction of evidence on issue ( 1 ) Jennings, Mo. ( “Bank” ) . . a The Commission’s resolution of these is­ and WMUR-TV will have the burden of As required by section 3(b) °* A > sues will be binding on Richard Eaton and proof on all issues. Seaboard Broadcasting Corp., PCC 70-1245, released Dec. 1, 1970. the Board gave written notice of * j will be res judicata as to him and the li­ of the application to the Commissione censees controlled by him. 4 Commissioner Reid not participating.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21623

Finance for the State of Missouri, and so approved shall not be consummated The Board has considered the applica­ requested his views and recommendation. (a) before the thirtieth calendar day tions in the light of the factors set forth The Commissioner responded that his following the date of this order or (b) in section 3(c) of the Act, including the office had no objection to approval of the later than 3 months after the date of effect of the proposed acquisitions on application. this order, unless such period is extended competition, the financial and mana­ Notice of receipt of the application was for good cause by the Board, or by the gerial resources and future prospects of published in the F ederal R eg ister on Federal Reserve Bank of Kansas City the applicant and the banks concerned, September 8, 1971 (36 F.R. 18035), pro­ pursuant to delegated authority. and the convenience and needs of the viding an opportunity for interested per­ By order of the Board of Governors,1 communities to be served, and finds that: sons to submit comments and views with November 4, 1971. Applicant, a one bank holding com­ respect to the proposal. A copy of the pany by virtue of its ownership of First application was forwarded to the U.S. Es e a l ] T y n a n S m it h , Security National Bank (“First Bank” ), Department of Justice for its consider­ Secretary of the Board. Beaumont, Tex. ($138.8 million in de­ ation. Time for filing comments and [FR Doc.71-16461 Filed 11-10-71;8:41 am] posits) is the largest banking organiza­ views has expired and all those received tion in the Beaumont banking market have been considered. controlling approximately 24.4 percent of The Board has considered the appli­ FIRST SECURITY NATIONAL CORP. deposits in that area and 0.5 percent of cation in the light of the factors set the commercial bank deposits in the forth in section 3(c) of the Act, includ­ Order Approving Acquisition of Bank State. (All banking data are as of Decem­ ing the effect of the proposed acquisi­ Stock by Bank Holding Company ber 31, 1970 and reflect holding company tion on competition, the financial and In the matter of the applications of formations and acquisitions approved managerial resources and future pros­ First Security National Corp., Beaumont, through September 30, 1971.) Consum­ pects of the applicant and the banks Tex., for approval of acquisition of (1) mation of applicant’s proposals will in­ concerned, and the convenience and 37.5 percent of the voting shares of Gate­ crease its share of the Beaumont banking needs of the communities to be served, way National Bank of Beaumont, Beau­ market by approximately 3 percent to and finds that: mont; (2) 56.95 percent or more of the 27.4 percent of commercial bank deposits Applicant has five subsidiary banks voting shares of Sour Lake State Bank, in the area and will have no meaningful with total deposits of $444.2 million, rep­ Sour Lake; (3) 51 percent or more of the effect on concentration of bank resources resenting 3.9 percent of the total com­ voting shares of Peoples State Bank of in the State. mercial bank deposits in the State, and Kountze, Kountze; (4) 24 percent of the Applicant proposes to restructure its is the fifth largest banking organiza­ voting shares of The Village State Bank, existing multicorporate organization by tion and bank holding company in Mis­ Beaumont, all of Texas. means of a merger with its affiliate, Frist souri. (All banking data are as of There has come before the Board of Beaumont and, as an incident to the December 31, 1970, adjusted to reflect Governors, pursuant to section 3 (a )(3 ) merger, to acquire the voting shares of holding company formations and acqui­ of the Bank Holding Company Act of Gateway, Sour Lake, Peoples, and Vil­ sitions approved by the Board through 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 lage banks presently held by First Beau­ September 30, 1971.) (a) of Federal Reserve Regulation Y (12 mont.1 In addition, applicant proposes Bank (deposits $31.6 million), located CFR 222.3(a)), applications by First to acquire additional shares of Sour approximately 8 miles northwest of Security National Corp., Beaumont, Tex., Lakes and Peoples Bank held by two downtown St. Louis, is the second largest for the Board’s prior approval of the ac­ corporations organized by applicant’s of three banks in Jennings, and the fifth quisition through merger with its affiliate management in 1967 and 1968 to hold largest of the 11 banks within its service First Beaumont Corp. (“First Beau­ stock of the respective banks and will area, which is approximated by the sur­ mont” ) of (1) 37.5 percent of the voting make an equal offer to remaining share­ rounding 30-square-mile area. Appli­ shares of Gateway National Bank of holders of those banks. The stock of ap­ cant’s closest subsidiary (deposits $36.5 Beaumont (“ Gateway” ) ; (2) 56.95 per­ plicant and its affiliate First Beaumont million) is located about 17 miles south­ cent or more of the voting shares of Sour is “stapled” and the two corporations west of Bank, and neither it nor any Lake State Bank, Sour Lake (“Sour have identical stockholders, officers and other of Applicant’s subsidiaries compete Lake”) ; (3) 51 percent or more of the directors. Since the stock of these banks with Bank to any significant extent. Nor voting shares of Peoples State Bank of is held by applicant’s “stapled” affiliate does it appear likely that such competi­ Kountze (“Peoples Bank” ) ; (4) 24 per­ and two associated corporations, the Board views acquisition of stock owned tion would develop in the future in light cent of the voting shares of The Village by the affiliate as neither an expansion of the presence of numerous alternative State Bank, Beaumont ( “Village Bank” ) , of the group nor an increase in the banking sources, the distances separat­ all of Texas. ing Applicant’s subsidiaries from Bank, banking resources controlled by appli­ As required by section 3(b) of the Act, cant. and Missouri’s restrictive branching law. the Board gave written notice of receipt Gateway Bank ($9.7 million in depos­ On the basis of the record before it, the of the applications to the Comptroller its), 15th largest of 19 banks in the Board concludes that consummation of of the Currency and the Texas Commis­ Beaumont banking market, located ap­ the proposed acquisition would not ad­ sioner of Banking and requested their proximately 3 miles west of First Bank, versely affect competition in any rele­ views and recommendations. Both recom­ vant area. was organized in 1959 by individuals as­ mended approval of the applications. sociated with First Bank and has been Considerations relating to the finan­ Notices of receipt of the applications cial and managerial resources as they continuously associated with that bank were published in the F ederal R eg ister through First Beaumont since that rime. relate to applicant, its subsidiaries, and on July 23, 1971 (36 F.R. 13709) and Bant are regarded as consistent with Village Bank ($7.3 million in depos­ August 3, 1971 (36 F.R. 14283), providing its), 17th largest of 19 banks in the approval of the application. Considera­ an opportunity for interested persons to tions relating to the convenience and Beaumont banking market, located ap­ submit comments and views with respect proximately 4.5 miles northwest of First needs of the communities to be served to the proposals. Copies of the applica­ fflv w.e*gkt in support of approval since Bank, was organized in 1960 by individ­ affiliation with Applicant would enable tions were forwarded to the U.S. Depart­ uals associated with that bank. These Bank to expand its mortgage lending ment of Justice for its consideration. banks have operated on a cooperative and trust services. It is the Board’s judg­ Time for filing comments and views has basis through First Beaumont since 1960. ment that the proposed transaction expired and all those received have been Sour Lake Bank ($5 million in depos­ would be in the public interest, and that considered. ''he application should be approved. its), the third largest of four banks in It is hereby ordered, On the basis of 1 Voting for this action: Governors Mitch­ 1 Applicant plans to dispose of First he record, that said application be and ell, Daane, Maisel, Brimmer, and Sherrill. Beaumont’s present interest in Lamar State nereby is approved for the reasons sum­ Absent and not voting: Chairman Bums and Bank, Beaumont, Tex., soon after consum­ marized above, provided that the action Governor Robertson. mation of the present proposal.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21624 NOTICES

Harden County, controlling approxi­ pany which became such on the date of By order of the Board of Governors,* mately 20 percent of area deposits, is lo­ such consummation, except to the extent November 4,1971. cated 19 miles west of First Bank. A otherwise permitted in any regulation of the Board hereafter adopted specifi­ [ s e a l ] T y n a n S m it h , majority of the voting shares of Sour Secretary of the Board. Lake Bank was acquired in 1967 by First cally relating to the effect of the acquisi­ Beaumont and a corporation organized tion of an additional bank on the status [FR Doc.71-16463 Filed 11-10-71:8:48 am] by persons associated with First Bank of nonbank shares and activities of a for the purpose of holding shares in one bank holding company formed prior the bank. to 1971, or unless the Board fails to MARSHALL & ILSLEY BANK STOCK Peoples Bank ($3.2 million in depos­ adopt any such regulation before the ex­ CORP. its), smallest of four banks in Harden piration of 2 years after the consumma­ County, is located 25 miles northwest of tion of the proposed acquisition. Proposed Acquisition of First National First Bank and controls approximately By order of the Board of Governors,2 Leasing Corp. 12.6 percent of commercial bank deposits November 4, 1971. in that area. A majority of the voting Marshall & Hsley Bank Stock Corp., shares of Peoples Bank was acquired in [ s e a l ] T y n a n S m it h , Milwaukee, Wis., a bank holding com­ 1968 by First Beaumont and a corpora­ Secretary of the Board. pany, has applied, pursuant to section tion organized by persons associated with [P R Doc.71-16462 Filed 11-10-71;8:48 am] 4(c) (8) of the Bank Holding Company First Bank for the purpose of holding Act (12 U.S.C. 1843(a)(8)) and § 222.4 shares in the bank. (b) (2) of the Board’s Regulation Y, for Although some service overlap exists GRAND BANKS CORP. permission to acquire voting shares of among applicant’s present banking sub­ First National Leasing Corp., Milwaukee, sidiary and the four proposed subsidiary Order Denying Action To Become a Wis. Notice of the application was pub­ banks, it appears that insofar as Gate­ Bank Holding Company lished on September 13, 1971, in The way Bank and Village Bank, the pro­ In the matter of the application of The Daily Reporter, a newspaper circulated posed transaction is essentially a cor­ Grand Banks Corp., Milwaukee, Wis., for in Milwaukee, Wis. porate reorganization of established in­ approval of action to become a bank Applicant states that the proposed sub­ terests and relationship. Insofar as Sour holding company through the acquisi­ sidiary would engage in the activity of Lake Bank and Peoples Bank, since the tion of 80 percent or more of the voting leasing equipment to business and man­ banks are small and there appears to be shares of Bank of North Lake, North ufacturing customers on a noncancelable, little likelihood of discontinuance of the Lake, Wis. full-payout basis. Such activity has present relationship, no meaningful ex­ There has come before the Board of been specified by the Board in § 222.4(a) isting or potential competition would be Governors, pursuant to section 3 (a)(1 ) of Regulation Y as permissible for bank eliminated or foreclosed by consumma­ of the Bank Holding Company Act of holding companies, subject to Board tion of applicant’s proposed acquisitions. 1956 (12 U.S.C. 1842(a)(1)) and § 222.3 approval of individual proposals in On the basis of the record before it, (a) of Federal Reserve Regulation Y accordance with the procedures of the Board concludes that consummation (12 CFR 222.3(a)), an application by § 222.4(b). of applicant’s proposals would not have The Grand Banks Corp., Milwaukee, The application may be inspected at significant adverse effects on competi­ Wis., for the Board’s prior approval of the offices of the Board of Governors or tion in any relevant area. Considerations at the Federal Reserve Bank of Chicago. relating to financial and managerial re­ action whereby applicant would become a bank holding company through the sources and prospects as they relate to Interested persons may express their acquisition of 80 percent or more of the applicant, First Bank and the four pro­ views on the question whether consum­ posed subsidiary banks are consistent voting shares of Bank of North Lake, mation of the proposal can “ reasonably North Lake, Wis. (Bank). with approval of the applications. Al­ be expected to produce benefits to the though applicant proposes no significant As required by section 3(b) of the Act, public, such as greater Convenience, in­ changes in services to the public as a the Board gave written notice of receipt creased competition, or gains in effi­ result of the proposed acquisitions, the of the application to the Wisconsin Com­ ciency, that outweigh possible adverse effects such as undue concentration of convenience and needs of the com­ missioner of Banking and requested his munities involved should benefit from views and recommendation. The Deputy resources, decreased or unfair competi­ the improved economies and efficiencies Commissioner recommended approval of tion, conflicts of interests, or unsound of operation expected to result from the the application. banking practices.” Any request for a proposed restructuring of applicant into Notice of receipt of the application was hearing on this question should be ac­ a coordinated multibank holding com­ published in the F ederal R e g ister on companied by a statement summarizing the evidence the person requesting the pany organization. Convenience and July 17, 1971 (36 F.R. 13306), providing hearing proposes to submit or to elicit at needs considerations are therefore con­ an opportunity for interested persons to sistent with approval. It is the Board’s submit comments and views with respect the hearing and a statement of the rea­ judgment that the proposed transactions to the proposal. A copy of the application sons why this matter should not be re­ would be in the public interest and that was forwarded to the U.S. Department solved without a hearing. the applications should be approved. of Justice for its consideration. Time A ny views or requests for hearing for filing comments and views has ex­ It is hereby ordered, On the basis of should be submitted in writing and re­ pired and all those received have been ceived by the Secretary, Board of Gov­ the record, that said applications be and considered by the Board. ernors of the Federal Reserve System, hereby are approved for the reasons sum­ It is hereby ordered, On the basis of marized above, provided that the acquisi­ Washington, D.C. 20551, not later than the record, that said application be and tions so approved shall not be consum­ December 6, 1971. mated (a) before the 30th calendar day hereby is denied for the reasons set forth following the date of this order or (b) in the Board’s statement1 of this date. Board of Governors of the Federal Re­ later than 3 months after the date of serve System, November 4, 1971. this order, unless such period is extended s Voting for this action: Governors for good cause by the Board, or by the MitcheU, Daane, Maisel, Brimmer, and Sher­ [SEAL] T y n a n S m it h , Federal Reserve Bank of Dallas pursuant rill. Absent and not voting: Chairriian Burns Secretary of the Board. to delegated authority. and Governor Robertson. [FR Doc.71-16466 Filed 11-10-71:8:48 am] i Piled as part of the original document. It is further ordered, That upon the Copies available upon request to the Board consummation of the proposed transac­ of Governors of the Federal Reserve System, tion, applicant shall not retain or ac­ Washington, D.C. 20551, or to the Federal * Voting for this action: Vice _ quire any nonbank shares or engage in Reserve Bank of Chicago. Dissenting State­ Robertson and Governors MitcheU ■ any nonbanking activities to a greater ment of Governor Maisel filed as part of the and Sherrill. Voting against this acfti<^ ldO° ot extent or for a longer period than would original document and available upon re­ ernors Daane and Maisel. Absent voting: Chairman Burns. apply in the case of a bank holding com- quest.

FEDERAL REGISTER, VOL. 36, NO. 2T8— THURSDAY, NOVEMBER 11, 1971 NOTICES 21625

PERRY COUNTY BANK ark, with six offices, all located in Lick­ est and that the application should be ing County, and total deposits of $44.6 approved. Order Approving Application for million, has the second largest share I t is hereby ordered, on the basis of Merger of Banks Under Bank (23.7 percent) of commercial bank de­ the findings summarized, above, that Merger Act posits within the relevant market. said application be and hereby is ap­ Thomville Bank has 2.7 percent of mar­ proved, provided that the action so ap­ In the matter of the application of The ket deposits; approval of the application Perry County Bank, New Lexington, proved shall not be consummated (a) will increase BancOhio’s share of market before the 30th calendar day following Ohio, for approval to merge with The deposits to 26.3 percent and it would re­ Peoples Bank, Thomville, Ohio. the date of this order or (b) later than main the second largest banking organi­ 3 months after the date of this order, There has come before the Board of zation in the market. Governors, pursuant to the Bank Merger unless such period is extended for good BancOhio subsidiaries hold at least 20 cause by the Board, or by the Federal Act (12 U.S.C. 1828(c)), an application percent of commercial bank deposits in by The Perry County Bank (“Appli­ Reserve Bank of Cleveland pursuant to areas contiguous to the relevant market delegated authority. cant”), New Lexington (population in Fairfield County, in Muskingum 4,877), Ohio, a member State bank of the County, and in Perry County. In addi­ By order of the Board of Governors,1 Federal Reserve System, for the Board’s tion, BancOhio subsidiaries hold approx­ November 4, 1971. prior approval of the merger of that imately 42 percent of commercial bank bank with The Peoples Bank, Thomville [ s e a l ] T y n a n S m it h , deposits in an eight county area sur­ Secretary of the Board. (population 679), Ohio (“Thomville rounding Columbus, Ohio, and may be Bank” ), under the charter and title of considered the dominant banking organi­ [FR Doc.71-16464 Filed 11-10-71;8:48 am] Applicant. As an incident to the merger zation in central Ohio. Because of the the sole office of Thomville Bank would increased concentration within the rele­ SHOREBANK, INC. become a branch of the resulting bank. vant market and the substantial shares Notice of the proposed merger, in form held by BancOhio subsidiaries in nearby Order Approving Acquisition of Bank approved by the Board, has been pub­ markets, the Board concludes that the Stock by Bank Holding Company lished pursuant to said Act. proposed merger would have an adverse In accordance with the Act, the Board effect on competition. However, the In the matter of the application of requested reports on the competitive fac­ Board is required to consider whether Shorebank, Inc;, Quincy, Mass., for ap­ tors involved from the Attorney General, other aspects of the instant proposal are proval of * acquisition of 80 percent or the Comptroller of the Currency, and such that approval would be in the public more of the voting shares of Attleboro the Federal Deposit Insurance Corpora­ interest despite the adverse competitive Trust Co., Attleboro, Mass. tion. The Board has considered all rele­ finding. There has come before the Board of vant material contained in the record The Thomville Bank has serious man­ Governors, pursuant to section 3 (a )(3 ) in the light of the factors set forth in agement problems. Despite efforts to re­ of the Bank Holding Company Act of the Act, including the effect of the pro­ cruit successor management, Thomville 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 posal on competition, the financial and Bank has been without a chief executive (a) of Federal Reserve Regulation Y (12 managerial resources and prospects of officer of its own since early 1970. It has CFR 222.3(a)), an application by Shore- the banks concerned, and the conveni­ relied on management assistance pro­ bank, Inc., Quincy, Mass., for the Board’s ence and needs of the communities to be vided by BancOhio since April, 1970. prior approval of the acquisition of 80 served, and finds that; Prior to seeking management assistance percent or more of the voting shares of Applicant, a subsidiary of BancOhio from BancOhio, Thomville Bank had Attleboro Trust Co., Attleboro, Mass. Corp., Columbus, Ohio (“BancOhio” ), is had severe management problems which (Bank). a unit bank with deposits of $8.2 million. had left bank in a weakened financial As required by section 3(b) of the (All banking data are as of December 31, condition. The bank’s condition improved Act, the Board gave written notice of 1970, adjusted to reflect holding com­ only with BancOhio’s assistance. Since receipt of the application to the Mas­ pany formations and acquisitions ap­ Ohio law permits only county-wide sachusetts Commissioner of Banks and proved by the Board through September branching, merger with a bank outside requested his views and recommendation. 30,1971.) BancOhio is the second largest Perry County is not feasible. Because 6f banking organization in Ohio with 28 The Commissioner offered no objection the relatively small size of all other to approval of the application. subsidiary banks holding aggregate de­ banks located within Perry County, a Notice of receipt of the application was posits in excess of $1.5 billion, represent­ merger with any of these banks would published in the F ederal R eg ister on ing 7.2 percent of State commercial bank not appear to be the solution to Thom ­ September 8, 1971 (36 F.R. 18037), pro­ deposits. Thomville Bank, with deposits ville Bank’s management problems. Ac­ viding an opportunity for interested per­ of $5.0 million, is located 18 miles north­ quisition by a holding company other sons to submit comments and views with west of Applicant. Although Applicant than BancOhio might alleviate Thom­ and Thomville Bank are both located ville Bank’s management problems, but respect to the proposal. A copy of the in Perry County, there is little existing other holding companies in the area application was forwarded to the U.S. de­ competition between them because they contacted by Thomville Bank expressed partment of Justice for its consideration. serve essentially separate banking mar­ no interest in acquiring the bank. Time for filing comments and views has kets. However, within a radius of 10 expired and all those received have been In the light of Thomville Bank’s prior considered. jniles from Thomville Bank, there are difficulty in seeming a chief executive three branches of BancOhio subsidiaries officer on its own, there is no assurance The Board has considered the applica­ which compete to some extent with that capable management can be at­ tion in the light of the factors set forth thomville Bank. They are the Buckeye tracted to the bank in the absence of in section 3(c) of the Act, including the nake office of The First National Bank approval of the proposed transaction. effect of the proposed acquisition on com­ i (located 6 miles northwest Consequently, the Board has concluded petition, the financial and managerial y.-^hnt'nville), and the Pleasantville that the financial and managerial fac­ resources and future prospects of the ap­ *pd Baltimore offices of The Hocking tors lend substantial weight for approval. plicant and the banks concerned, and the National Bank of Lancaster (lo- Since approval of the proposed trans­ convenience and needs of the commu­ srT«, w^hin Fairfield County, 8 miles action appears the only method whereby nities to be served, and finds that: west and 10 miles west of Thorn- Applicant controls South Shore Na­ "iie, respectively). the continued existence of banking facil­ ities in Thomville can be assured, the tional Bank, Quincy, Mass. ($167.1 mil­ riThornville Bank is located at the pe- convenience and needs of the commu­ lion in deposits) and’ thus, is the ninth tv*vlery of the Newark banking market, nity outweigh the adverse competitive ^hwaftt iharket, which is approxi- consequences of this proposed merger. 1 Voting for this action: Vic© Chairman ^ k^hhig County and the ex- Based upon the foregoing, it is the Robertson and Governors Mitchell, Daane, p "*1® northwestern section of Perry Board’s judgment that consummation of Maisel, and Brimmer. Absent and not voting: 0Unty- The First National Bank of New­ the proposal would be in the public inter­ Chairman Bums and Governor Sherrill.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 No. 218— Pt. I- 21626 NOTICES largest banking organization in Massa­ By order of the Board of Governors,1 curities are beneficially owned by not chusetts, controlling 1.5 percent of the November 4, 1971. more than 100 persons, and which is not State’s total deposits. Bank ($23.9 mil­ [ s e a l ] T y n a n S m it h , making and does not presently propose lion in deposits) is the fourth largest of Secretary of the Board. to make a public offering of its securities. 17 banking organizations in the Attle­ [FR Doc.71-16465 Filed 11-10-71;8:48 am] Section 8 (f) of the Act provides, in boro area (approximated by the 12 town­ pertinent part, that when the Commis­ ships in Massachusetts northeast of sion, upon application finds that a reg­ Providence, R.I.). Affiliation with appli­ istered investment company has ceased cant should enhance Bank’s ability to SECURITIES AND EXCHANGE to be an investment company, it shall so. compete with the larger organizations declare by order, and upon the taking in the area, the two largest of which con­ effect of such order the registration of trol over 55 percent of area deposits. At COMMISSION such company shall cease to be in effect. [811-1995] the same time, consummation of the Notice is further given that any in­ proposal would contribute to applicant’s CITIZENS INVESTMENT FUND terested person may, not later than No­ emergence as a significant competitor on vember 26, 1971, at 5:30 p.m., submit the statewide level with the larger Notice of Application for Order of the to the Commission in writing a request Boston-based organizations; the five Act Declaring Company Has Ceased for a hearing on the matter accompanied largest such organizations control 63.8 To Be an Investment Company by a statement as to the nature of his percent of the State’s total deposits. Al­ interest, the reason for such request N ovember 5, 1971. though applicant’s lead bank has two and~ the issues, if any, of fact or law branches within 9 miles of an office of Notice is hereby given that Citizens proposed to be controverted or he may Bank, the competitive overlap is not con­ Investment Fund (Applicant), 1 North­ request he be notified if the Commission sidered significant, and intervening west Highway, Park Ridge, IL 60068, an should order a hearing thereon. Any banking alternatives are present. Thus, Illinois corporation registered as a di­ such communication should be ad­ little existing competition would be versified open-end management invest­ dressed: Secretary» Securities and Ex­ eliminated by consummation of the pro­ ment company under the Investment change Commission, Washington, D.C. posal. In view of the number of inter­ Company Act of 1940 (A c t), has filed an 20549. A copy of such request shall bo vening banks, Massachusetts’ restrictions application pursuant to section 8 (f) of served personally or by mail (airmail if on branches, and other facts of record, the Act for an order of the Commission the person being served is located more it appears unlikely that significant po­ declaring that Applicant has ceased to than 500 miles from the point of mail­ tential competition would be eliminated. be an investment ocmpany as defined in ing) upon Applicant at the address Applicant plans to assist Bank in the Act. All interested persons are re­ stated above. Proof of such service (by offering specialized services such as leas­ ferred to the application on file with the affidavit or in case of attorney at law ing, international banking, and trust Commission for a statement of the rep­ by certificate) shall be filed contempo­ services. Therefore, considerations relat­ resentations as set forth therein, which raneously with the request. At any time ing to the convenience and needs of the are summarized below. later than said date as provided by Rule community to be served lends some sup­ Applicant registered under the Act on 0-5 of the rules and regulations promul­ port for approval. January 5, 1970, by filing a notification gated under the Act, an order disposing The financial and managerial re­ or registration on Form N-8A. On Feb­ of the application herein may be issued sources and future prospects of appli­ ruary 11, 1970, the fund filed with the by the Commission upon the basis of the cant, of applicant’s lead bank, and • of Commission a registration statement on information stated in such application, Bank are satisfactory and consistent Form N-8B-1, and on thè same date a unless an order for hearing upon said with approval. It is the Board’s judgment registration statement on Form S-5 was application shall be issued upon request that the proposed acquisition would be in filed with the Commission under the or upon the Commission’s own motion. the public interest and that the applica­ Securities Act of 1933. Persons who request a hearing or advice tion should be approved. Applicant abandoned its intended pub­ as to whether a hearing is ordered will I t is hereby ordered, On the basis of lic offering of its units because of the receive notice of further developments in the record, that said application be and decision of the U.S. Supreme Court in this matter, including the date of the hereby is approved for the reasons sum­ “ Investment Company Institute v. hearing (if ordered) and any postpone­ marized above, provided that the action Camp.’’, 401 U.S. 617 (1971), which held ments thereof. so approved shall not be consummated that the operation of a fund such as For the Commission, by the division of (a) before the 30th calendar day follow­ Applicant for the collective investment ing the date of this order or (b) later corporate regulation, pursuant to dele­ of funds held by a national bank as man­ gated authority. than 3 months after the date of this aging agent would be illegal under the order, unless such period is extended for certain provisions of the Federal bank­ [ s e a l ] R o nald F. H u n t , good cause by the Board, or by the Fed­ ing laws. Secretary. eral Reserve Bank of Boston pursuant to delegated authority. Applicant represents that it has assets [FR Doc.71-16456 Filed 11-10-71;8:47 am] of $50 and one investor, and that no I t is further ordered, That upon the public offering or sale of its investment consummation of the proposed transac­ [File No. 1-4847] units has been made or is intended to tion, applicant shall not retain or acquire any nonbank shares or engage in any be made. Applicant has also filed an ECOLOGICAL SCIENCE CORP. nonbanking activities to a greater extent amendment to its registration statement under the Securities Act of 1933 reduc­ Order Suspending Trading or for a longer period than would apply ing the number of investment units in the case of a bank holding company N ovem ber 5,1971. registered thereby, and has requested which became such on the date of such The common stock, 2-cent par value, •consummation, except to the extent withdrawal of its registration statement pursuant to Rule 477 under the Securi­ of Ecological Science Corp. being traded otherwise permitted in any regulation of on the American Stock Exchange, the ties Act of 1933. the Board hereafter adopted specifically Philadelphia - Baltimore - Washington relating to the effect of the acquisition of Section 3 (c)(1 ) of the Act excepts Stock Exchange and the Pacific Coast an additional bank on the status of non­ from the definition of investment com­ Stock Exchange, pursuant to protons bank shares and activities of a one bank pany any issuer whose outstanding se- of the Securities Exchange Act of l»* holding company formed prior to 1971, or and all other securities of Ecological unless the Board fails to adopt any such i Voting for this action: Governors Science Corporation being traded other regulation before the expiration of 2 Mitchell, Daane, Maisel, Brimmer, and Sher­ wise than on a national securities ex years after the consummation of the pro­ rill. Absent and not voting: Chairman Burns posed acquisition. and Governor Robertson. change; and

FEDERAL REGISTER. VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21627

It appearing to the Securities and Ex­ The pro forma capitalization and sur­ change Commission that the summary plus of Services would consist of $6,400- INTERSTATE COMMERCE suspension of trading in such security on 000 principal amount of bank notes (51 such exchanges and otherwise than on percent) heretofore authorized (Holding a national securities exchange is required Company Act Release No. 17056), and COMMISSION in the public interest and for the pro­ $6,100,000 principal amount of subordi­ [Notice 90] tection of investors; nated notes to Middle South plus $20,- It is ordered, Pursuant to sections 000 of common stock (49 percent). The MOTOR CARRIER, BROKER, WATER 15(c) (5) and 19(a) (4) of the Securities issue and sale of the proposed additional CARRIER AND FREIGHT FOR­ Exchange Act of 1934, that trading in notes to Middle South is to be made in WARDER APPLICATIONS such securities on the above mentioned such manner so that the aggregate capi­ exchanges and otherwise than on a na­ tal of Services, including its outstanding N o v e m b e r 5, 1971. tional securities exchange be summarily notes and capital stock, will be main­ The following applications are gov­ suspended, this order to be effective for tained at all times at an amount ap­ erned by Special Rule 1100,2471 of the the period November 5, 1971 through proximately equal to the sum of 2 Commission’s general rules of practice November 14, 1971. months’ operating expenses and the de­ (49 CFR, as amended), published in the F ederal R eg ister issue of April 20, 1966, By the Commission. preciated cost of Services’ fixed assets, including prepayment and petty cash effective May 20, 1966. These rules pro­ [ seal] R o n a ld F. H u n t , working funds, less any unpaid indebted­ vide, among other things, that a protest Secretary. ness for funds borrowed from sources to the granting of an application must be filed with the Commission within 30 [PR Doc.71-16457 Filed 11-10-71;8:47 am] other than associate companies for the acquisition of fixed assets. days after date of notice of filing of the It is stated that no fees and expenses application is published in the F ederal [70-5096; 37-63] are to be paid by Services or Middle R e g ist e r . Failure seasonably to file a protest will be construed as a waiver of South in connection with the proposed MIDDLE SOUTH UTILITIES, INC. AND opposition and participation in the pro­ transactions. It is also stated that no MIDDLE SOUTH SERVICES, INC. ceeding. A protest under these rules State commission and no Federal com­ should comply with section 247(d) (3) of mission, other than this Commission, has Notice of Proposed Increase in Notes the rules of practice which requires that jurisdiction over the proposed transac­ Which May Be Issued and Sold by it set forth specifically the grounds upon tions. Service Company and Acquired by which it is made, contain a detailed Holding Company Notice is further given that any inter­ statement of Protestant’s interest in the ested person may, not later than No­ proceeding (including a copy of the spe­ N ovember 5,1971. vember 29, 1971, request in writing that cific portions of its authority which pro- Notice is hereby given that Middle a hearing be held on such matter, stat­ testant believes to be in conflict with that South Services, Inc. (Services), 225 Bar- ing the nature of his interest, the rea­ sought in the application, and describing onne Street, New Orleans, LA 70160, a sons for such request, and the issues of in detail the method—whether by join­ subsidiary service company of Middle fact or law raised by said application- der, interline, or other means—by which South Utilities, Inc. (Middle South), 280 declaration, which he desires to contro­ Protestant would use such authority to Park Avenue, New York, N Y 10017, a vert; or he may request that he be noti­ provide all or part of the service pro­ registered holding company, have filed fied if the Commission should order a posed), and shall specify with particu­ with this Commission an application- hearing thereon. Any such request larity the facts, matters, and things re­ declaration pursuant to the Public Utility should be addressed: Secretary, Securi­ lied upon, but shall not include issues Holding Company Act of 1935 (Act) ties and Exchange Commission, Wash­ or allegations phrased generally. Protests designating sections 6(a), 7, 9(a), 10, 12, ington, D.C. 20549. A copy of such re­ not in reasonable compliance with the and 13(b) of the Act and Rules 40(b), quest should be served personally or by requirements of the rules may be re­ 42(b) (2) and 43 promulgated thereunder mail (airmail if the person being served jected. The original and one copy of the as applicable to the proposed transac­ is located more than 500 miles from the protest shall be filed with the Commis­ tions. All interested persons are referred point of mailing) upon the applicants- sion, and a copy shall be served concur­ to the application-declaration, which is declarants at the above-stated addresses, rently upon applicant’s representative, or summarized below, for a complete state­ and proof of service (by affidavit or, in applicant if no representative is named. ment of the proposed transactions. case of an attorney at law, by certificate) If the protest includes a request for oral By orders dated March 6, 1963, April should be filed with the request. At any hearing, such requests shall meet the re­ 24, 1968, and March 19, 1971 (Holding time after said date, the application- quirements of section 247(d)(4) of the Company Act Release Nos. 14816, 16944, declaration, as filed or as it may be special rules, and shall include the certi­ and 17056) the Commission, among amended, may be granted and permitted fication required therein. other things, authorized Services to issue to become effective as provided in Rule Section 247(f) of the Commission’s and sell to Middle South for cash, and 23 of the general rules and regulations rules of practice further provides that Middle South to acquire up to $5,100,000 promulgated under the Act, or the Com­ each applicant shall, if protests to its aggregate principal amount of its sub­ mission may grant exemption from such application have been filed, and within ordinated long-term unsecured notes to rules as provided in Rules 20(a) and 100 60 days of the date of this publication, be outstanding at any one time. thereof or take such other action as it notify the Commission in writing (1) Services anticipates expansion of its may deem appropriate. Persons who re­ that it is ready to proceed and prosecute quest a hearing or advice as to whether electronic data processing functions, the application, or (2) that it wishes to a hearing is ordered will receive notice Personnel and facilities. In order to pro- withdraw the application, failure in yide for such services, it now proposes to of further developments in this matter, issue and sell to Middle South for cash, including the date of the hearing (if which the application will be dismissed and Middle South to acquire, during a ordered) and any postponements by the Commission. o-year period commencing with the date thereof. Further processing steps (whether the proposed transactions are authorized, For the Commission, by the Division modified procedure, oral heating, or ts unsecured subordinated long-term of Corporate Regulation, pursuant to other procedures) will be determined hotes of up to $1 million principal delegated authority. »mount. The additional notes will mature 1 Copies of Special Rule 247 (as amended) [ s e a l ] R o n a ld F . H u n t , within 25 years, will be prepayable with- can be obtained by writing to the Secretary, ut penalty, and will bear interest at the Secretary. Interstate Commerce Commission, Washing­ p evading prime rate, adjusted monthly. [F R Doc.71-16458 FUed 11-10-71;8:47 am ] ton, D.C. 20423.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21628 NOTICES generally in accordance with the Com­ stock, household goods as defined by the to LeRoy, Austin, and Albert Lea, Minn. mission’s general policy statement con­ Commission, commodities in bulk, and N o t e : Applicant states that the re­ cerning motor carrier licensing proce­ those requiring special equipment), quested authority cannot be tacked with dures, published in the F ederal R eg ister between Oklahoma City, Okla., and its existing authority. I f a hearing is issue of May 3,1966. This assignment will Memphis, Tenn., over Interstate High­ deemed necessary ^ applicant requests it be by Commission order which will be way 40 (including temporary Interstate be held at Kansas City, Mo. served on each party of record. Highway 40), as an alternate route for No. MC 29120 (Sub-No. 130), filed Oc­ The publications hereinafter set forth operating convenience only in connec­ tober 4, 1971. Applicant: ALL-AMERI­ reflect the scope of the applications as tion with applicant’s presently author­ CAN TRANSPORT, INC., 1500 Industrial filed by applicants, and may include de­ ized regular route authority, restricted Avenue, Sioux Falls, SD 57101. Appli­ scriptions, restrictions, or limitations against the transportation of traffic cant’s, representative: Carl L. Steiner which are not in a form acceptable to originating at, destined to, or interlined (same address as applicant). Authority the Commission. Authority which ulti­ at any point in Oklahoma or Texas, other sought to operate as a common carrier, mately may be granted as a result of the than E l Paso, Tex. N o t e : Common con­ by motor vehicle, over regular routes, applications here noticed will not neces­ trol may be involved. If a hearing is transporting: General commodities (ex­ sarily reflect the phraseology set forth deemed necessary, applicant requests it cept those of unusual value, livestock, in the application as filed, but also will be held at Los Angeles, Calif. classes A and B explosives, household eliminate any restrictions which are not No. MC 18088 (Sub-No. 54), filed Octo­ goods as defined by the Commission, acceptable to the Commission. ber 12, 1971. Applicant: FLOYD & BEAS­ commodities in bulk, and those requiring No. MC 111 (Sub-No. 10), filed October LEY TRANSFER COMPANY, INC., Post special equipment), (a) from Chicago, 4, 1971. Applicant: VIGEANT MOTOR Office Drawer 8, Sycamore, AL 35149. 111., over Interstate Highway 55 to junc­ FREIGHT, INC., Post Office Box 157, Applicant’s representatives: Paul M. tion Interstate Highway 80; thence over Castleton-on-Hudson, N Y 12033. Appli­ Daniell and Alan E. Serby, Post Office Interstate Highway 80 to junction Inter­ cant’s representative: Wilmot E. James, Box 872, Atlanta, GA 30301. Authority state Highway 80N; thence over Inter­ Jr., Post Office Box 1319, Albany, NY sought to operate as a common carrier, state Highway 80N to junction Interstate 12201. Authority sought to operate as a by motor vehicle, over regular routes, Highway 29; thence over Interstate common carrier, by motor vehicle, over transporting: General commodities with Highway 29 to Omaha, Nebr., and return irregular routes, transporting: Pharma­ usual exceptions, serving points within a over the same route; (b) from Chicago, ceutical products (except in bulk), from 15 mile radius of Atlanta, Ga., as off- 111., over Interstate Highway 57 to junc­ Chicago, HI., to Lenexa, Kans., Mesquite, route points in connection with carrier’s tion Interstate Highway 80; thence over Tex.; Seattle, Wash.; and Los Angeles, otherwise authorized regular routes r or, Interstate Highway 80 to junction Inter­ Calif. N o t e : Applicant states that the in the alternative, serving an area within state Highway 80N; thence over Inter­ requested authority cannot be tacked approximately 15 miles of Atlanta as off- state Highway 80N to junction Interstate with its existing authority. I f a hearing route points in connection with carrier’s Highway 29; thence over Interstate is deemed necessary, applicant requests otherwise authorized regular routes, as Highway 29 to Omaha, Nebr. and return it be held at Plattsburgh or Albany, follows: All points lying on and within over the same route. N o t e : Common N.Y. the area embraced by a line beginning control .may be involved. If a hearing is No. MC 4943 (Sub-No. 33), filed at Dallas, Ga., and the junction of deemed necessary, applicant requests it October 15, 1971. Applicant: CENTRAL Georgia Highway 92 Spur and U.S. High­ be held at Chicago, 111. EXPRESS INC., 303 South 12th Street, way 278,' thence over Georgia Highway 92 No. MC 30844 (Sub-No. 372), filed (Post Office Bpx 238), Waco, T X 76703. Spur and Georgia Highway 92 in a south­ October 13, 1971. Applicant: KROBLIN Applicant’s representative: Phillip Rob­ erly direction to junction Georgia High­ REFRIGERATED XPRESS, INC., 2125 inson, Post Office Box 2207, Austin, T X way 54 at or near Fayetteville, Ga., Commercial Street, Waterloo, IA 50704. 78767. Authority sought to operate as a thence over Georgia Highway 54 to junc­ Applicant’s representative: Truman A. common carrier, by motor vehicle, over tion Georgian Highway 138 at or near Stockton, Jr., 1650 Grant Street Building, regular routes, transporting: General Jonesboro, Ga., thence over Georgia Denver, CO. Authority sought to operate commodities (except those of unusual Highway 138 to junction Georgia High­ as a common carrier, by motor vehicle, value, dangerous explosives, household way 81 at or near Walnut Grove, Ga., over irregular routes, transporting: goods as defined in Practices of Motor thence over Georgia Highway 81 to junc­ Canned goods, from Cheriton, Va., to Common Carriers of Household Goods, tion Georgia Highway 20 near Loganville, points in Illinois, Indiana, Kansas, Ken­ 17 M.C.C. 467, commodities in bulk, and Ga., thence over Georgia Highway 20 to tucky, Michigan, Minnesota, Missouri, commodities requiring special equip­ Lawrenceville, Ga., thence over Georgia Nebraska, Ohio, Oklahoma, Texas, West ment), between junction U.S. Highway Highway 120 to Alpharetta, Ga., thence Virginia and Wisconsin. N o t e : Applicant 87 and Texas Highway 35 and junction over an unnumbered highway westerly to states that the requested authority can Texas Highway 35 and Texas Highway junction Georgia Highway 92 near be tacked with its existing authority but 185, as follows: From junction U.S. Mountain Park, Ga., thence over Georgia indicates that it has no present intention Highway 85 and Texas Highway 35, over Highway 92 to junction Georgia High­ to tack and therefore does not identify Texas Highway 35 to junction Texas way 92 Spur at or near New Hope, Ga., the points or territories which can be Highways 35 and 185, and return over thence over Georgia Highway 92 Spur to served through tacking. Persons inter­ the same route, serving no intermediate the point of beginning, restricted against ested in the tacking possibilities are cau­ points as an alternate route for operat­ the transportation of traffic, direct or tioned that failure to oppose the appli­ ing convenience only. N o t e : Common -interline, between Atlanta, on the one cation may result in an unrestricted grant control may be involved. I f a hearing is hand, and, on the other, the points of authority. Common control may be deemed necessary, applicant requests it named herein. N o t e : If a hearing is involved. If a hearing is deemed neces­ be held at Dallas, Houston, or San An­ deemed necessary, applicant requests it sary, applicant requests it be held at tonio, Tex. be held at Atlanta, Ga. Washington, D.C., or Chicago, HI. No. MC 8948 (Sub-No. 98), filed Octo­ No. MC 26739 (Sub-No. 70), filed Oc­ No. MC 35320 (Sub-No. 129), fi^J ber 12, 1971. Applicant: WESTERN tober 6, 1971. Applicant: CROUCH October 6, 1971. Applicant: T.I.M.E.-IX,, GILLETTE, INC., 2550 East 28th Street, BROS., INC., Elwood, KS, Post Office Box INC., 2598 74th Street, Post Office box Los Angeles, CA 90058. Applicant’s repre­ 1059. Applicant’s representative: John E. 2550, Lubbock, T X 79408. A pp lican t’s rep­ sentative: R. Y. Schureman, 1545 W il- Jandera, 641 Harrison Street, Topeka, resentative : Frank M. Garrison, Post oi- shire Boulevard, Los Angeles, CA 90017. KS 66603. Authority sought to operate as flee Box 2550, Lubbock, TX 79408. Au­ Authority sought to operate as a com­ a common carrier, by motor vehicle, over thority sought to operate as a coinin? mon carrier, by motor vehicle, over irregular routes, transporting: Rubber carrier, by motor vehicle, over re s ® ? * regular routes, transporting: General pneumatic tires, tubes, and tread rubber, routes, transporting: Textile and tex commodities (except those of unusual from the plantsite of the Goodyear Tire products and machinery, machinery value, classes A and B explosives, live­ & Rubber Co., located at Topeka, Kans., parts, equipment, materials and supp >

FEDERAL REGISTER, VOL. 36, NO. 218-^-THUgSDAY, NOVEMBER 11, 1971 NOTICES 21629 used in or in connection with the opera­ representative: Robert M. Bowden, Post fornia State Highway 166 to its junction tion of textile mills and warehouses (ex­ Office Box 3062, Portland, OR 97208. with California State Highway 1, at or cept commodities the transportation of Authority sought to operate as a com­ near Gaudalupe, Calif., and return over which because of size or weight, require mon carrier, by motor vehicle over regu­ the same route. Routes described in (2), the use of special equipment for the lar routes, transporting: General com­ (3), (4), and (5) above are in connection transportation thereof), serving the modities (except household goods as with carriers authorized service route plantsite and storage facilities of Mon­ defined by the Commission, classes A and between Las Cruces and Pismo Beach, santo Co. at or near Sand Mountain, B explosives, commodities in bulk, motor Calif., over California State Highway 1, Marshall County, Ala., as an off-route vehicles, livestock, commodities requiring with off route service authorized at point in connection with applicant’s pres­ special equipment) and commodities in Vandenburg Air Force Base; ently held authority to serve Chatta­ vehicles equipped with mechanical, re­ (7) Between junction of California nooga, Tenn. N o t e : Common control frigeration, serving only those intermedi­ State Highway 166 and U.S. Highway 101 may be involved. I f a hearing is deemed ate points specifically named below, as and junction California State Highway necessary, applicant requests it be held alternate routes in connection with car­ 166 and California State Highway 33, at at Dallas, Tex., or Memphis, Tenn. riers presently authorized regular-route or near Maricopa, Calif., serving no in­ No. MC 35320 (Sub-No. 130), filed Oc­ operations. (1) between San Luis Obispo termediate points. From the junction of tober 1, 1971. Applicant: T.I.M.E.-DC, and Salinas, Calif., serving the inter­ California State Highway 166 and U.S. INC., 2598 74th Street (Post Office Box mediate junctions of U.S. Highway 101 Highway 101 over California State High­ 2550), Lubbock, T X 79408. Applicant’s and California State Highway 58, U.S. way 166 to its junction with California representative: Prank M. Garrison (same Highway 101 and California State High­ State Highway 33, at or near Maricopa address as applicant). Authority sought way 41, U.S. Highway 101 and California and return over the same route; (8) be­ to operate as a common carrier, by motor State Highway 46 and U.S. Highway 101 tween Ventura, Calif., and the junction vehicle, over irregular routes, transport­ and California State Highway 198, for of California State Highway 33 with ing: General commodities (except those the purpose of joinder only: From San California State Highway 166, serving no of unusual value, classes A and B explo­ Luis Obispo, over U.S. Highway 101 to intermediate points. From Ventura over sives and ammunition and components Salinas and return over the same route; California State Highway 33 to its junc­ parts of ammunition, household goods (2) between the junction of California tion with California State Highway 166 as defined by the Commission, commod­ State Highways 246 and 154, at or near and return over the same route; (9) be­ ities in bulk and those requiring special Santa Ynez, Calif., and the junction of tween the junction of California State equipment), between Dallas and Odessa, California State Highway 1 and Cali­ Highway 58 and U.S. Highway 101, at or Tex.; from Dallas over U.S. Highway 80 fornia State Highway 246, at or near near Santa Margarita, Calif., and the (also .Interstate Highway 20 as com­ Lompoc, Calif., serving the intermediate junction of California State Highways pleted) , to Odessa, Tex., and return over junctions of U.S. Highway 101 and Cali­ 58 and 33, at or near McKittrick, Calif., the same route, serving no intermediate fornia State Highway 246 for the pur­ serving no intermediate points. From the points, as an alternate route for operat­ pose of joinder only. From the junction junction of California State Highway 58 ing conveniehce only in conjunction with of California State Highways 246 and 154, and U.S. Highway 101 over California carrier’s otherwise authorized routes, re­ over California State Highway 246 to its State Highway 58 to its junction with stricted to the transportation of traffic junction with California State Highway California State Highway 33 and return moving to, from, or through El Paso, Tex. 1 and return over the same route; over the same route; (10) between the Note: Common control may be involved. (3) Between the junction of U.S. junction of California State Highway 46 No duplicating authority sought. I f a Highway 101 and California State High­ and U.S. Highway 101 and the junction hearing is deemed necessary, applicant way 154, approximately 5 miles north of California Highways 46 and 33 serving requests it be held at Dallas, Tex., or of Buellton, Calif., and the junction of no intermediate points. From the junc­ Washington, D.C. California State Highway 154 and com­ tion of California Highway 46 and U.S. bined California State Highway 1 and Highway 101 over California Highway 46 No. MC 35628 (Sub-No. 323), filed Oc­ U.S. Highway 101 at or near Goleta, to its junction with California State tober 4, 1971. Applicant: INTERSTATE Calif., serving the intermediate junction Highway 33 and return over the same MOTOR FREIGHT SYSTEM, a corpora­ of California State Highways 154 and route; tion, 134 Grandville, Southwest, Grand 246 for the purpose of joinder only. From (11) Between the junction of Califor­ Rapids, MI 49502. Applicant’s represent­ the junction of U.S. Highway 101 and nia State Highway 41 and U.S. Highway ative: Leonard D. Verdier, Jr., 900 Old California State Highway 154, over Cali­ 101 and the junction of California State Kent Building, Grand Rapids, Mich. fornia State Highway 154 to its junction Highway 41 and U.S. Highway 99, at 19502. Authority sought to operate as a with combined California State High­ Fresno, Calif., serving the intermediate common carrier, by motor vehicle, over junctions of California State Highways irregular routes, transporting: Meats, way 1 and U.S. Highway 101 and return over the same route; (4) between the 41 and 33 and California State Highways neat products and meat by-products, and 41 and 198 for the purpose of joinder articles distributed by meat pacidng- junction of U.S. Highway 101 and Cali­ only. From the junction of California aotises as described in sections A, B, and fornia State Highway 135, at or near State Highway 41 and U.S. Highway 101 C of appendix I to the report in Descrip- Los Alamos, Calif., and the junction of California State Highway 135 and Cali­ over California State Highway 41 to its in Motor Carrier Certificates, 61 junction with U.S. Highway 99 and re­ M.C.C. 209 and 766, and foodstuffs when fornia State Highway, 1, serving no in­ turn over the same route; (12) between .transported with the above com­ termediate points. From the junction of modities (except hides and commodities California State Highway 135 and U.S. the junction of California State Highway Highway 101 over California State High­ 198 and U.S. Highway 101, at or near San s )>*rom the Plantsite and/or stor- Lucas, Calif., and the junction of Califor­ 8e facilities of Wilson Certified Poods, way 135 to its junction with California «je. at or near Oklahoma City, Okla;, to State Highway 1 and return over the nia State Highways 198 and 33, at or near Pwnts in Kansas, Missouri, and Nebraska, same route; (5) between Santa Maria, Coalinga, Calif., serving no intermediate points. From-the junction of California , f ric.ted to traffic originating at said Calif., and the junction of California State Highway 1 and California State State Highway 198 and U.S. Highway Hook j ancVor storage facilities and Highway 135, serving no intermediate 101 over California State Highway 196 to Nn'ro?6™ above-named States, points. From Santa Maria over Cali­ its junction with California State High­ unnv i a bearing is deemed necessary, way 33 and return over the same route, t,, 1 cant requests it be held at Chicago, fornia State Highway 135 to its junction w., or Washington, D.C. with California State Highway 1 at or and (13) between the junction of Cali­ near Orcutt, Calif., and return over the fornia State Highways 198 and 33 and 05°; Mc 42487 (Sub-No. 776), fil same route; (6) between Santa Maria, the junction of California State Highway Dat£ ^ 1971- Applicant: CONSOI Calif., and the junction of California 198 and U.S. Highway 99, at or near TTrm ° FREIGHTWAYS CORPOR State Highway 166 and California State Hanford, Calif., serving the intermediate J_°N, OP DELAWARE, 175 Linfl« Highway 1, serving no intermediate junction of California Highways 198 and ■ e’ Menlo Park, CA 94025. Applican points. From Santa Maria over Cali­ 33 for the purpose of joinder only. From

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21630 NOTICES the junction of California State High­ deemed necessary, applicant requests it hearing is deemed necessary, applicant ways 198 and 33 over California State be held at Washington, D.C. requests it be held at Birmingham, Ala. Highway 198 to its junction with U.S. No. MC 59640 (Sub-No. 26), filed No. MC 82841 (Sub-No. 85) . filed Octo­ Highway 99 and return over the same October 8, 1971. Applicant: PAULS ber 1, 1971. Applicant: HUNT TRANS­ route. N o t e : Common control may be TRUCKING CORPORATION, 3 Com­ PORTATION, INC., 801 Livestock Ex­ involved. I f a hearing is deemed neces­ merce Drive, Cranford, NJ 07016. Ap­ change Building, Omaha, Nebr. 68107. sary, applicant requests it be held at plicant’s representative: Charles J. Applicant’s representative: Donald L. Los Angeles or San Francisco, Calif. Williams, 47 Lincoln Park, Newark, NJ Stem, 530 Univac Building, Omaha, No. MC 47109 (Sub-No. 7) (Correc­ 07102. Authority sought to operate as a Nebr. 68106. Authority sought to operate tion), filed August 25, 1971, published contract carrier, by motor vehicle, over as a common carrier, by motor vehicle, in the F ederal R e g ister issue of Octo­ irregular routes, transporting: Such over irregular routes, transporting: ber 15, 1971, and republished in part, merchandise as is dealt in by wholesale, Laminated plastic products, millwork, as corrected this issue. Applicant: SUL­ retail, and chain grocery and food busi­ hardware, and related accessories, from LIVAN LINES, INC., 250 Fulton Avenue, ness houses, and in connection there­ Holstein, Iowa, to points in the United Garden City Park, NY 11040. Appli­ with, equipment materials and supplies States (except Alaska arid Hawaii). cant’s representative: S. S. Eisen, 370 used in the conduct of such business, N o t e : Applicant states that the requested Lexington Avenue, New York, N Y 10017. between Woodbridge Township and authority cannot be tacked with its ex­ The purpose of this partial republication Cranford, N.J., on the one hand, and, on isting authority. If a hearing is deemed is to include Spokane, Wash., to the ra­ the other, points in Dauphin, Mont­ necessary, applicant requests it held at dial territory in part (1), which point was gomery, Cumberland and York Counties, Omaha, Nebr. inadvertently omitted in the previous Pa. Restriction: The authority sought No. MC 83835 (Sub-No. 84), filed publication. The rest of the application herein is limited to a transportation serv­ September 29, 1971. Applicant: WALES remains as previously published. ice to be performed under a continuing TRANSPORTATION, INC., Post Office contract, or contracts, with Supermar­ No. MC 48958 (Sub-No. 113), filed Box 6186, Dallas, T X 75222. Applicant’s kets General Corp. N o t e : If a hearing representative: James W. Hightower, 136 October 14, 1971. Applicant: ILLTNOIS- is deemed necessary, applicant requests CALIFORNIA EXPRESS, INC., 510 East Wynnewood Professional Building, Dal­ it be held at Newark, N.J., or New las, Tex. 75224. Authority sought to op­ 51st Avenue, Denver, CO 80216, Appli­ York, N.Y. cant’s representative: Morris G. Cobb, erate as a common carrier, by motor ve­ Post Office Box 9050 (601 Ross Street), No. MC 69116 (Sub-No. 141), filed hicle, over irregular routes, transporting, Amarillo, T X 79105. Authority sought to October 8, 1971. Applicant: SPECTOR (1) Electrostatic precipitators and elec­ operate as a common carrier, by motor FREIGHT SYSTEM, INC., 205 West trostatic precipitator parts, and (2) steel vehicle, over regular routes, transport­ Wacker Drive, Chicago, IL 60606. Appli­ siding and roofing, and materials and ing: General commodities (except those cant’s representative: Edward G. Baze- supplies moving in connection therewith, of unusual value, classes A and B explo­ lon, 39 South La Salle Street, Chicago, from Warrenton, Mo., to points in the sives, commodities in bulk, commodities IL 60603. Authority sought to operate United States (except Alaska, Missouri, requiring special equipment, and those as a common carrier, by motor vehicle, and Hawaii). N o te : Applicant states that injurious or contaminating to other lad­ over regular routes, transporting: Gen­ the requested authority cannot be tacked ing), between Denver, Colo., and Bar- eral commodities (except those of un­ with its existing authority. Applicant stow, Calif.; from Denver over U.S. usual value, classes A and B explosives, further states that no duplicating au­ Highways 40 and 6 (Interstate Highway household goods as defined by the Com­ thority is being sought. If a hearing is 70) to Idaho Springs, Colo., thence over mission, and those requiring special deemed necessary, applicant requests it U.S. Highway 6 (Interstate Highway equipment), serving the plantsite of be held at Dallas, Tex., or Kansas City, 70) to Green River, Utah, thence over PPG Industries, Inc., located near Mo. Interstate Highway 70 (Utah High­ Mount Holly Springs, Pa., as an off-route No. MC 88161 (Sub-No. 84), filed way 4 and U.S. Highway 89) to junc­ point in connection with applicant’s October 6, 1971. Applicant: INLAND tion of Interstate Highway 70 (Utah presently authorized regular-route op­ TRANSPORTATION CO., INC., 6737 Highway 4) with U.S. Highway 91 erations. N o t e : I f a hearing is deemed Corson Avenue South, Seattle, WA 98108. (Interstate Highway 15) at or near Cove necessary applicant requests it be held Applicant’s representative: Stephen A. Fort, Utah, thence over U.S. Highway 91 at Pittsburgh, Pa., or Washington, D.C. Cole (same address as above). Authority (Interstate Highway 15) to Barstow, No. MC 73165 (Sub-No. 305), filed sought to operate as a common carrier, Calif., and return over the same route, October 13, 1971. Applicant: EAGLE by motor vehicle, over irregular routes, serving no intermediate points, as an MOTOR LINES, INC., 830 North 33rd transporting: Asphalt, dust oil, road oil, alternate route for operating conven­ Street, Post Office Box 11086, Birming­ and residual fuel oil, in bulk, in tank ve­ ience only in connection with applicant’s ham, AL 35202. Applicant’s representa­ hicles, from Spokane, Wash., to points m presently authorized regular route au­ tive: Louis J. Amato, Post Office Box E, that part of Idaho in and north of tn thority. N o t e : I f a hearing is deemed Bowling Green, K Y 42101. Authority southern boundary of Idaho County. necessary, applicant requests it be held at sought to operate as a common carrier, Note: Applicant states that the re­ Denver, Colo. by motor vehicle, over irregular routes, quested authority cannot be tacked wi No. .MC 50069 (Sub-No. 448), filed transporting: (1) Pipe, fittings, valves, its existing authority. Applicant no October 7, 1971. Applicant: REFINERS hydrants, gaskets and accessories, from holds contract carrier authority under ns TRANSPORT & TERMINAL CORPO­ Holt, Ala., to points in the United States No. MC 128203 Sub-No. 1, therefore am RATION, 445 Earlwood Avenue, Oregon (except Alaska and Hawaii) and (2) operations may be involved. If a hean 8 (Toledo), OH 43616. Applicant’s repre­ materials, supplies and equipment used is deemed necessary, applicant request 41. U». U/%1 J Gv\r»lrr»nû SVI* wasn. sentative: J. A. Kundtz, 1100 National in the operations of a foundry, from City Bank Building, Cleveland, Ohio points in the United States (except No. MC 93393 (Sub-No. 16h 44114. Authority sought to operate as a Alaska and Hawaii) to Holt, Ala. N o t e : October 13, 1971. Applicant: N IG ^ common carrier, by motor vehicle, over Applicant states that the requested au­ WAY TRANSPORTATION CO., IJN " irregular routes, transporting: Liquid thority can be tacked with its existing 4108 South Emerald Avenue, Chicago, n<- petroleum and petroleum products, in authority but indicates that it has no Applicant’s representative: Josepn • bulk, in tank vehicles, from Hamilton, present intention to tack and therefore Scanlan, 111 West Washington Streep Ohio, to points in Ohio, Michigan, In ­ does not identify the points or territories Chicago, IL 60602. Authority sought diana, Illinois, Kentucky, and Tennes­ which can be served through tacking. operate as a common carrier, by ***. see. N o t e : Applicant states that the Persons interested in the'tacking possi­ vehicle, over irregular routes, transfw requested authority cannot be tacked bilities are cautioned that failure to op­ ing: Food, food preparations and jo with its existing authority. Common con­ pose the application may result in an stuffs, from Champaign, 111., to points trol may be involved. I f a hearing is unrestricted grant of authority. I f a

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21631

Indiana, Kentucky, and Ohio. Restric­ No. MC 97874 (Sub-No. 2) (Amend­ involved. I f a hearing is deemed neces­ tion: Restricted to the transportation of ment), filed July 28, 1971, published in sary, applicant requests it be held at traffic originating at Champaign, HI., and the F ederal R eg ister issue of Septem­ Washington, D.C. destined to Indiana, Kentucky, and Ohio. ber 2, 1971, and republished as amended No. MC 105457 (Sub-No. 74), filed Note: If a hearing is deemed necessary, this issue. Applicant: W INTER BROS., October 14, 1971. Applicant: THURS­ applicant requests it be held at Chicago, 3NC., 1840 R Street, Lincoln, NE 68508. TON MOTOR LINES, INC., 600 Johnston m. Applicant’s representative: J. Max Harding, Post Office Box 82028, 605 South Road, Post Office Box 10638, Charlotte, No. MC 94350 (Sub-No. 296), filed NC 28201. Applicant’s representative: October 4, 1971. Applicant: TRANSIT 14th Street, Lincoln, NE 68501. Author­ ity sought to operate as a common car­ Everett Hutchinson, 1140 Connecticut HOMES, INC., Post Office Box 1628, Avenue NW., Washington, DC 20036. Au­ Haywood Road at Transit Drive, Green­ rier, by motor vehicle, over reg u lar and irregular routes, transporting: General thority sought to operate as a common ville, SC 29602. Applicant’s representa­ carrier, by motor vehicle, over regular tive: Mitchell King, Jr. (same address commodities, except those of unusual value, classes A and B explosives, com­ routes, transporting: General commodi­ as above). Authority sought to operate ties, with the usual exceptions, serving as a common carrier, by motor vehicle, modities in bulk, commodities requiring special equipment and those injurious or the plantsite and storage facilities of over irregular routes, transporting: Monsanto Co. located at Sand Mountain, Trailers designed to be drawn by passen­ contaminating to other lading. Regular route operations: Between Omaha and Marshall County, Ala., as an off-route ger automobiles, in initial movements, point in connection with carrier’s regular from points in Izard County, Ark., to Lincoln, Nebr., over U.S. Highway 6, serving no intermediate points. Irregular route authority between Greenville, S.C., points in Texas, Oklahoma, Missouri, and Memphis, Tenn., as authorized in Kansas, Louisiana, New Mexico, Illinois, route operations: Between points within a 30-mile radius of Seward, Nebr., and MC 105457 Sub 44. N o t e : Common con­ Tennessee, Mississippi, and Kentucky. between points within said radial area, trol may be involved. I f a hearing Note: Applicant states that the re­ is deemed necessary, applicant requests quested authority cannot be tacked with on the one hand, and, on the other, points in Nebraska within a 250 mile it be held at Washington, D.C., or its existing authority. Common control Charlotte, N.C. may be involved. If a hearing is deemed radius of Seward, Nebr. N o t e : The pur­ necessary, applicant requests it be held pose of this republication is to broaden No. MC 106398 (Sub-No. 561 >, filed at Little Rock, Ark. the scope of authority sought and to October 18, 1971. Applicant: NATIONAL convert the certificate of registration TRAILER CONVOY, INC., 1925 National No. MC 95540 (Sub-No. 822), filed held by the carrier in MC 97874 (Sub- Plaza, Tulsa, Okla. 74151. Applicant’s September 24, 1971. Applicant: W A T­ No. 1) to a Certificate of Public Conven­ representative: Irvin Tull (same address KINS MOTOR LINES, INC., 1120 West ience and Necessity. I f a hearing is as applicant). Authority sought to op­ Griffin Road, Lakeland, FL 33801. Appli­ deemed necessary, applicant requests it erate as a common carrier, by motor cant’s representative: Paul E. Weaver be held at Omaha, Nebr. vehicle, over irregular routes, transport­ (same address as applicant). Authority No. MC 99334 (Sub-No. 4), filed Octo­ ing: Trailers, designed to be drawn by sought to operate as a common carrier, passenger automobiles, in initial move­ by motor vehicle, over irregular routes, ber 12, 1971. Applicant: TARHEEL EX­ PRESS, INC., Post Office Box 1177, ments and buildings, in sections, mounted transporting: Foodstuffs, from the on wheeled undercarriages, from points plantsite and storage facilities of Chef- Hickory, NC 28601. Applicant’s represent­ ative: Wilmer B. Hill, 705 McLachlen in El Paso County, Colo., to points in the Pierre, Inc., located at or near Traverse United States (except Alaska and Ha­ City, Mich., to points in Louisiana, Bank Building, 666 11th Street NW., Washington, DC 20001. Authority sought waii). N o t e : Common control may be Arkansas, Missouri, Illinois, Indiana, involved. Applicant states that the re­ Iowa, Pennsylvania, New Jersey, New to operate as a common carrier, by motor vehicle, over irregular routes, transport­ quested authority cannot be tacked with York, Connecticut, Ohio, Kentucky, Ten­ its existing authority. I f a hearing is nessee, Mississippi, Alabama, Florida, ing: Furniture and furniture parts, new, between points in Iredell County, N.C., deemed necessary, applicant requests it Georgia, North Carolina, South Carolina, be held at Denver, Colo. Virginia, West Virginia, Delaware, Mary­ and points in North Carolina. N o t e : Ap­ land, Massachusetts, Vermont, New plicant states that the requested author­ No. MC 106433 (Sub-No. 5), filed Octo­ Hampshire, Rhode Island, and the Dis­ ity cannot be tacked with its existing ber 12, 1971. Applicant: ANTRIM authority. I f a hearing is deemed neces­ trict of Columbia. N o t e : Applicant states TRANSPORTATION CO., INC., 7011 that the requested authority cannot be sary, applicant requests it be held at Suffern Place, Suffem, N Y 10901. Appli­ tacked with its existing authority. Com­ Raleigh or Charlotte, N.C. cant’s representative: Edward M. Alfano, mon control may be involved. If a hear­ No. MC 102616 (Sub-No. 866), filed 2 West 45th Street, New York, N Y 10036. ing is deemed necessary, applicant re­ October 12, 1971. Applicant: COASTAL Authority sought to operate as a common quests it be held at Chicago, 331., or TAN K LINES, INC., Post Office Box 7211, carrier, by motor vehicle, over irregular Detroit, Mich. 215 East Waterloo Road, Akron, OH routes, transporting: (1) Malt beverages, and (2) materials and supplies used in No. MC 96498 (Sub-No. 33), filed Oc­ 44319. Applicant’s representative: Har­ old G. Hemly, Jr., 2030 North Adams the manufacture of malt beverages (ex­ tober 1, 1971. Applicant: BONIFIELD cept in bulk, in tank vehicles), between BROS. TRUCK LINES, INC., Post Office Street, Suite 510, Arlington, VA 22201. Authority sought to operate as a common Fogelsville, Pa., on the one hand, and, on Box 40, West Frankfort, IL 62896. Ap­ the other, points in Connecticut, Massa­ plicant’s representative: R. W. Burgess, carrier, by motor vehicle, over irregular routes, transporting: Commodities in chusetts, New Jersey, New York, Rhode 8514 Midland Boulevard, St. Louis, MO Island, and Vermont. N o t e : Applicant 63114. Authority sought to operate as bulk, in tank vehicles, from sites of Bulk Distribution Centers, Inc., at or near states that the requested authority can be a common carrier, by motor vehicle, over tacked with its existing authority but in­ regular routes, transporting: General Cleveland, Ohio, to points in Indiana, commodities (except those of unusual Kentucky, Michigan, New York, Ohio, dicates that it has no present intention to . alue, classes A and B explosives, house- Pennsylvania, and West Virginia, re­ tack and therefore does not identify the old goods as defined by the Commission, stricted to movement having prior move­ points or territories which can be served commodities in bulk, and those requiring ment by rail. N o t e : Applicant states it through tacking. Persons interested in if6!? ^htoment), serving the Smith- can tack the proposed authority to the existing authority to serve points beyond the tacking possibilities are cautioned «ndJocks jobsite at Dog Island, Ky., as that failure to oppose the application «« off-route point in connection with ap­ the proposed destination territories but plicant's regular route between Paducah, no tacking is intended. Persons interested may result in an unrestricted grant of Y. and St. Louis, Mo. N o t e : I f a hear- in the tacking possibilities are cautioned authority. Common control may be in­ nZ Is ^eemed necessary, applicant re- that failure to oppose application may volved. I f a hearing is deemed necessary, L . it be held at St. Louis, Mo., or result in an unrestricted grant of applicant requests it be held at New York, Springfield, m. authority. Common control may be N.Y.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21632 NOTICES

No. MC 106497 (Sub-No. 61), filed No. MC 107515 (Sub-No. 781), filed Oc­ the Iowa points included under MC' October 7, 1971. Applicant: PARKHILL tober 14, 1971. Applicant: REFRIGER­ 108835, and Omaha, Nebr., via the Twin TRUCK COMPANY, a corporation, Post ATED TRANSPORT CO., INC., Post Cities Gateway. The purpose of this ap­ Office Box 912, Joplin, MO 64801. Appli­ Office Box 308, Forest Park, GA 30050. plication is to eliminate the gateway. cant’s representative: A. N. Jacobs, Post Applicant’s representative: Paul M. Applicant further states that any au­ Office Box 113, Joplin, MO 64801. Au­ Daniell, Post Office Box 872, Atlanta, GA thority granted pursuant to this applica­ thority sought to operate as a common 30301. Authority sought to operate as a tion shall be restricted against the carrier, by motor vehicle, over irregular common carrier, by motor vehicle, over transportation of freight originating at, routes, transporting: Pipe and tubing, irregular routes, transporting: Foodstuff or destined to, any point in South Dakota between points in California, on the one (except in bulk), from points in Adair that applicant is presently authorized to hand, and, on the other, points in the County, Okla., to points in Alabama, serve. N o t e : Common control may be * United States (except Hawaii). N o t e : Florida, Georgia, North Carolina, South involved. Applicant states that it intends Common control and dual operations Carolina, Tennessee (except Memphis, to tack any authority granted by this may be involved. Applicant states that Term., and points in its commercial application with all of its existing au­ the requested authority cannot be tacked zone), Kentucky, Virginia, West Vir­ thority, regular and irregular. If a hear­ with its existing authority. If a hearing ginia, Maryland, Delaware, Pennsylvania, ing is deemed necessary, applicant is deemed necessary, applicant requests it New Jersey, New York, Connecticut, requests it be held at Minneapolis, Minn., be held at San Francisco, or Los Angeles, Massachusetts, Rhode Island, and the or Des Moines, Iowa. District of Columbia. N o t e : Applicant Calif. No. MC 109462 (Sub-No. 16), filed Oc­ states that the requested authority can­ No. MC 107012 (Sub-No. 130), filed not be tacked with its existing authority. tober 12, 1971. Applicant: LUMBER October 4, 1971. Applicant: NORTH Common control and dual operations TRANSPORT, INC., Post Office Box AMERICAN VAN LINES, INC., Lincoln may be involved. I f a hearing is deemed 6181, South Station, Fort Smith, AK Highway East and Meyer Road, Post necessary, applicant requests it be held 72901. Applicant’s representative: Rob­ Office Box 988, Fort Wayne, IN 46801. at Oklahoma City, Okla. ert G. Russell (same address as appli­ Applicant’s representative: Donald C. cant) . Authority sought to operate as a Lewis (same address as applicant). Au­ No. MC 108473 (Sub-No. 34), filed Oc­ common carrier, by motor vehicle, over thority sought to operate as a common tober 14, 1971. Applicant: ST. JOHNS- irregular routes, transporting: Antipol­ carrier, by motor vehicle, over irregular BURY TRUCKING COMPANY, INC., 38 lution systems equipment and parts; routes, transporting: Floor covering, Main Street, St. Johnsbury, V T 05819. environmental control and protective carpet, and carpet pads or cushions, un­ Applicant’s representative: Francis E. systems equipment and parts and equip­ crated, from Columbus, Miss., to points in Barrett, 60 Adams Street, Milton, MA ment, material, and supplies, used in the Arkansas. N o t e : Dual operations and 02187. Authority sought to operate as a construction or installation of antipol­ common control may be involved. Appli­ common carrier, by motor vehicle, over lution and environmental control or pro­ cant states that the requested authority regular routes, transporting: General tective systems between Fort Smith, Ark., cannot be tacked with its existing au­ commodities (except those of unusual on the one hand, and points in the United thority. I f a hearing is deemed necessary, value, classes A and B explosivees, live­ States (except Alaska and Hawaii). applicant requests it be held at Chicago, stock, household goods as defined by the N o t e : Applicant states that the re­ HI. Commission, commodities in bulk, and quested authority cannot be tacked with those requiring special equipment), be­ No. MC 107012 (Sub-No. 131), filed its existing authority. If a hearing is tween Hartford, Conn., and Newburgh, deemed necessary, applicant requests it October 6, 1971. Applicant: NORTH N.Y., from Hartford, Conn., over Inter­ AMERICAN VAN LINES, INC., Lincoln be held at Fort Smith or Little Rock, state Highway 84 to Newburgh, N.Y., and Ark. Highway East and Meyer Road, Post return over the same route, serving no Office Box 988, Fort Wayne, IN 46801. intermediate points, as an alternate No. MC 110420 (Sub-No. 643), filed Oc­ Applicant’s representative: Donald C. route for operating convenience only. tober 15, 1971. Applicant: QUALITY Lewis, Post Office Box 988, Fort Wayne, N o t e : If a hearing is deemed necessary, CARRIERS, INC., Post Office Box 186, IN 46801. Authority sought to operate as applicant requests it be held at Hartford, Pleasant Prairie, W I 53158. Applicant’s a common carrier, by motor vehicle, over Conn., or Boston, Mass. representative: Allan B. Torhorst, Post irregular routes, transporting: Floor Office Box 307, Burlington, W I 53105. Au­ covering and carpeting, uncrated, from No. MC 108835 (Sub-No. 19), filed Oc­ thority sought to operate as a common Greenville and York, S.C.; Athens and tober 18, 1971. Applicant: HYMAN carrier, by motor vehicle, over irregular Ringgold, Ga., and Laurel Hills, N.C., to FREIGHTWAYS, INC., 2690 Prior Ave­ routes, transporting: Chemicals, in bulk, West Haven, Conn. N o t e : Applicant nue North, St. Paul, MN 55113. Appli­ from points in Texas to Janesville, Wis. states that the requested authority can­ cant’s representative: William S. Rosen, N o te : Common control may be involved. not be tacked with its existing authority. 630 Osborn Building, St. Paul, Minn. Applicant states that the requested au­ Common control and dual operations 55102. Authority sought to operate as a thority can be tacked with its existing may be involved. I f a hearing is deemed common carrier, by motor vehicle, over authority but indicates that it has no necessary, applicant requests it be held regular routes, transporting: General present intention to tack and therefore at Washington, D.C. commodities (except those of unusual does not identify the points or territories value, high explosives, household goods which can be served through tacking. No. MC 107012 (Sub-No. 132), filed Oc­ as defined by the Commission, commodi­ tober 7, 1971. Applicant: NORTU Persons interested in the tacking possi­ ties in bulk, commodities requiring spe­ bilities are cautioned that failure to op­ AMERICAN VAN LINES, INC., New cial equipment, and those injurious or Haven Avenue and Meyer Road, Post O f­ pose the application may result in an contaminating to other lading), serving unrestricted grant of authority. If & fice Box 988), Fort Wayne, IN 46801. Ap­ LeSueur, Mankato, Fairmont, Jackson, plicant’s representative: Donald C. Lewis hearing is deemed necessary, applicant Worthington, Windom, St. James, and requests it be held at Milwaukee, Wis. (same address as applicant). Authority Luveme, Minn., as intermediate or off- sought to operate as a common carrier, route points in connection with presently No. MC 110420 (Sub-No. 644), filed October 15, 1971. Applicant: QUALITY by motor vehicle, over irregular routes, authorized regular route authority under transporting: Transportation seats and MC 108835 authorizing operations be­ CARRIERS, INC., Post Office Box l»b, Pleasant Prairie, W I 53158. Applicants parts thereof, from Menominee, Mich., to tween LeSueur, Mankato, Fairmont, representative: Allan B. Torhorst, Pos points in the United States (except Jackson, Worthington, Windom, St. Alaska and Hawaii). N o t e : Common Office Box 307, Burlington, W I 5310d. control and dual operations may be in­ James, and Luveme, Minn., and Min- Authority sought to operate as a com­ volved. Applicant states that the re­ neapolis-St. Paul (the Twin Cities). Ap­ mon carrier, by motor vehicle, over quested authority cannot be tacked with plicant states it now provides service irregular routes, transporting: Chem­ its existing authority. I f a hearing is between LeSueur, Mankato, Fairmont icals, in bulk, from points in Tenness . deemed necessary, applicant requests it Jackson, Worthington, Windom, St. to Janesville, Wis. Note: Common con­ be held at Chicago, 111; James, and Luverne, Minn., and all of trol may be involved. Applicant states

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21633 that the requested authority can be control may be involved. Applicant states Box 50272, Chicago, IL 60650. Applicant’s tacked with its existing authority, but that the requested authority cannot be representative: L. F. Abel (same address indicates that it has no present inten­ tacked with its existing authority. I f a as applicant). Authority sought to op­ tion to tack and therefore does not iden­ hearing is deemed necessary, applicant erate as a common carrier, by motor ve­ tify the points or territories which can requests it be held at Norfolk, Va., Rich­ hicle, over irregular routes, transporting: be served through tacking. Persons inter­ mond, Va., or Washington, D.C. Vegetable oils and shortenings, in bulk, ested in the tacking possibilities are in tank vehicles, from Louisville, Ky., to cautioned that failure to oppose the ap­ No. MC 111868 (Sub-No. 3), filed Oc­ tober 12, 1971. Applicant: JOHN points in Ohio and those in the lower plication may result in an unrestricted peninsula of Michigan. N o t e : Applicant grant of authority. I f a hearing is HENNES TRUCKING COMPANY, a cor­ poration, 320 South 19th Street, Mil­ states that the requested authority can­ deemed necessary, applicant requests it not be tacked with its existing authority. be held at Milwaukee, Wis. • waukee, W I 53233. Applicant’s represent­ ative: William C. Dineen, 710 North I f a hearing is deemed necessary, appli­ No. MC 111383 (Sub-No. 32), filed Plankinton Avenue, Milwaukee, W I cant requests it be held at Chicago, HI. October 18, 1971. Applicant: BRAS­ 53203. Authority sought to operate as a No. MC 112822 (Sub-No. 217), filed Oc­ WELL MOTOR FREIGHT LINES, INC., contract carrier, by motor vehicle, over tober 12, 1971. Applicant: BRAY LINES 3925 Singleton Boulevard, Dallas, T X irregular routes, transporting: Such mer­ INCORPORATED, Post Office Box 1191 75208. Applicant’s representative: Ron­ chandise as is dealt in by Stanley Home (1401 North Little Street), Cushing, OK ald R. Slaughter, Post Office Box 447, Products, Inc., from the plantsite of said 74023. Applicant’s representative: Thos. 3925 Singleton Boulevard, Dallas, T X shipper at Dubuque, Iowa, to dealers of Lee Allman, Jr. (same address as appli­ 75208. Authority sought to operate as a Stanley Home Products, Inc., located at cant) . Authority sought to operate as a common carrier, by motor vehicle, over points in Jo Daviess, Stephenson, Winne­ common carrier, by motor vehicle, over regular routes, transporting: General bago, Boone, Carroll, Ogle, De Kalb, irregular routes, transporting: (1) Food­ commodities (except those of unusual Whiteside, Lee, Henry, Bureau, La stuffs, in vehicles equipped with mechani­ value, livestock, classes A and B explo­ Salle, Knox, Stark, Marshall, Livingston, cal refrigeration, from the plantsite and sives, household goods, commodities in Peoria, Woodford, Tazewell, McLean, and warehouse facilities of Miami Margarine bulk, and those requiring special equip­ Putnam Counties, HI., for the account of Co. at or near Albert Lea,'Minn., to points ment), between Columbus and West Stanley Home Products, Inc., of West- in Alabama, Arizona, Arkansas, Califor­ Point, Ga., from Columbus over Georgia field, Mass. N o t e : Common control may nia, Colorado, Florida, Georgia, Idaho, Highway 103 to West Point, and return be involved. I f a hearing is deemed nec­ Illinois, Indiana, Iowa, Kansas, Ken­ over the same route as an alternate route essary, applicant requests it be held at tucky, Louisiana, Michigan, Mississippi, for operating convenience only, 4n con­ Milwaukee or Madison, Wis. Missouri, Nebraska, Nevada, New Mexico, nection with applicant’s presently au­ North Carolina, Ohio, Oklahoma, Ore­ thorized regular route operations and No. MC 112148 (Sub-No. 54), filed Oc­ tober 4, 1971. Applicant: POWERS gon, South Carolina, Tennessee, Texas, serving no intermediate points. N o t e : If Utah, Washington, Wisconsin, and Wyo­ a hearing is deemed necessary, applicant TRANSPORTATION, INC., Post Office Box 87, Storm Lake, IA 50588. Appli­ ming, and (2) materials, supplies, and requests it be held at Columbus, Ga., or equipment used in the manufacturing of Dallas, Tex. cant’s representative: William L. Fair- bank, 900 Hubbell Building, Des Moines, foodstuffs, from points in Alabama, Ari­ No. MC 111594 (Sub-No. 53), filed Iowa 50309. Authority sought to operate zona, Arkansas, California, Colorado, October 6, 1971. Applicant: C W as a common carrier, by motor vehicle, Florida, Georgia, Idaho, Hlinois, Indiana, TRANSPORT, INC., 610 High Street, over irregular routes, transporting: Iowa, Kansas, Kentucky, Louisiana, Wisconsin Rapids, W I 54494. Applicant’s Frozen foods, from Traverse City, Mich., Michigan, Mississippi, Missouri, Mon­ representative: Carl L. Steiner, 39 South to points in Indiana, Missouri, Nebraska, tana, Nebraska, Nevada, New Mexico, La Salle Street, Chicago, IL 60603. Au­ and Kansas City, Kans., restricted to North Carolina, North Dakota, Ohio, thority sought to operate as a common traffic originating at the plantside and Oklahoma, Oregon, South Carolina, carrier, by motor vehicle, over irregular storage facilities of Chef Pierre Co. at South Dakota, Tennessee, Texas, Utah, routes, transporting: (1) Aluminum and Traverse City and destined to the above Washington, Wisconsin, and Wyoming, to the plantsite and warehouse facilities aluminum articles, from the plantsite of named points. N o t e : Common control Amax Aluminum Mill Products, Inc., in may be involved. Applicant states that of Miami Margarine Co. at or near Al­ Grundy County, 111., to points in Ken­ the requested authority cannot be tacked bert Lea, Minn. N o t e : Applicant states tucky, Minnesota, Missouri, and Wiscon- with its existing authority. I f a hearing that the requested authority cannot be sm and (2) commodities used in the is deemed necessary, applicant requests it tacked with its existing authority. I f a manufacturing and distribution of alum­ be held at Chicago, HI. hearing is deemed necessary, applicant inum and aluminum articles and return requests it be held at Minneapolis, Minn., of damaged or rejected shipments of No. MC 112205 (Sub-No. 9), filed Oc­ or Milwaukee, Wis. tober 13, 1971. Applicant: ELLSWORTH aluminum and aluminum articles, from No. MC 113362 (Sub-No. 223), filed Points in Kentucky, Minnesota, Missouri, LAMOTTE RABON, doing business as RABON TRANSFER, Route 2, Box 235, October 12, 1971. Applicant: ELLS­ and Wisconsin to the plantsite of Amax WORTH FREIGHT LINES, INC., 310 Aluminum Mill Products, Inc., in Chadboum, NC 28431. Applicant’s rep­ resentative: Vaughan S. Winbome, 1108 East Broadway, Eagle Grove, IA 50533-. Grundy County, H i. N o t e : Applicant Applicant’s representative: James Ells­ states that the requested authority can- Capital Club Building, Raleigh, N.C. 27601. Authority sought to operate as a worth, 4500 North State Line Road, Tex­ Tf if ^^ked with its existing authority, common carrier, by motor vehicle, over arkana, AR 75501. Authority sought to w a hearing is deemed necessary, appli­ operate as a common carrier, by motor cant requests it be held at Chicago, HI. irregular routes, transporting: Forest products, lumber (which includes ply­ vehicle, over irregular routes, transport­ No. MC 111812 (Sub-No. 433), filed wood) and veneer, from points in Colum­ ing: Charcoal and charcoal products and lighter fluid, from Paris, Ark., and Jack­ 17’ 1971- Applicant: MIDWEST bus County, N.C., to points in Florida, sonville, Tex., to points in Colorado, Illi­ SPjgT TRANSPORT, INC., 405i/2 East Georgia, South Carolina, West Virginia, 2 ™ Street, Post Office Box 1233, Sioux Tennessee, Kentucky, Ohio, Indiana, H- nois, Iowa, Kansas, Louisiana, Minne­ fis, SD 57101. Applicant’s represent- linois, and Connecticut, with no trans­ sota, Missouri, Nebraska, North Dakota, £ 5 *- Donald L. Stem, 530 Univac portation for compensation on return Oklahoma, South Dakota, Texas, and Wisconsin (except from Jacksonville, Bufidmg, 7100 West Center Road, except as otherwise authorized. N o t e : Tex., to points in Texas). N o t e : Appli­ ®nha, NE 68106. Authority sought to Applicant states that the requested au­ cant states that the requested authority vbIv i as a common carrier, by motor thority cannot be tacked with its existing inafr/ over irregular routes, transport­ authority. If a hearing is deemed neces­ cannot be tacked with its existing au­ 's - Canned goods, from Cheriton, Va., sary, applicant requests it be held at thority. I f a hearing is deemed neces­ points in Ohio, Michigan, Indiana, Raleigh or Wilmington, N.C. sary, applicant requests it be held at ~nnois, Missouri, Iowa, Minnesota, Ne­ No. MC 112801 (Sub-No. 130), filed Oc­ Memphis or Nashville, Term. braska, North Dakota, South Dakota, tober 4, 1971. Applicant: TRANSPORT No. MC 113495 (Sub-No. 51), filed isconsin, and Kansas. N o t e : Common SERVICE CO., a corporation, Post Office October 12, 1971. Applicant: GREGORY FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 No. 218— Pt. I ----- 9 21634 NOTICES

HEAVY HAULERS, INC., 51 Oldham with its existing authority. If a hearing* Okla. N o t e : Applicant holds con­ Street, Post Office Box 60628, Nashville, is deemed necessary, applicant requests it tract carrier authority under MC 128616, TN 37206. Applicant’s representative: be held a Washington, D.C. therefore, dual operations may be in­ volved. If a hearing is deemed necessary, Wilmer B. Hill, 705 McLachlen Bank No. MC 113855 (Sub-No. 249), filed Building, 666 First Street NW., Wash­ applicant requests it be held at Kansas October 6, 1971. Applicant: INTERNA­ City or St. Louis, Mo. ington, DC 20001. Authority sought to TIONAL TRANSPORT, INC., 2450 operate as a common carrier, by motor Marion Road Southeast, Rochester, MN No. MC 115793 (Sub-No. 13), filed vehicle, over irregular routes, transport­ 55901. Applicant’s representative: Alan October 15, 1971. Applicant: CALDWELL ing: Iron and steel articles, between Foss, 502 First National Bank Building, FREIGHT LINES, INC., U.S. Highway points in Knox, Anderson, and Loudon Fargo, ND 58102. Authority sought to 321 South, Post Office Box 672, Lenoir, Counties, Tenn., and Lauderdale County, operate as a common carrier, by motor NC 28645.. Applicant’s representative: Miss., on the one hand, and, on the other, vehicle, over irregular routes, transport­ Charles Ephraim, 1250 Connecticut Ave­ points' in Texas, Oklahoma, Kansas, ing: Road rollers and scarifiers and parts nue NW., Suite 600, Washington, DC Nebraska, and Minnesota and points in and attachments of road rollers and 20036. Authority sought to operate as a States east thereof. N o t e : Applicant scarifiers, from Minneapolis, Minn., to common carrier, by motor vehicle, over states that the requested authority can points in Colorado, Idaho, Illinois, Iowa, irregular routes, transporting: Furniture be tacked with its existing authority, but Kansas, Louisiana, Maryland, Missouri, parts, from the plantsite of American indicates that it has no present intention Montana, Nebraska, New Jersey, New Bed Co. in St. Louis, Mo., to Cleveland to tack and therefore does not identify Mexico, North Dakota, Ohio, Oregon, and Chattanooga, Tenn. N o t e : Applicant the points or territories which can be Pennsylvania, South Dakota, Texas, states that the requested authority can­ served through tacking. Persons inter­ Washington, West Virginia, Wisconsin, not be tacked with its existing authority. ested in the tacking possibilities are cau­ Wyoming, and the District of Columbia. If a hearing is deemed necessary, appli­ tioned that failure to oppose the applica­ N ote : Applicant states that the requested cant requests it be held at St. Louis, tion may result in an unrestricted grant authority can be tacked with its author­ Mo. of authority. If a hearing is deemed nec­ ity in sub 84, but indicates that it has no essary, applicant requests it be held at No. MC 115826 (Sub-No. 225), filed present intention to tack. Persons inter­ October 14, 1971. Applicant: W. J. Knoxville or Nashville, Tenn., or Wash­ ested in the tacking possibilities are cau­ ington, D.C. DIGBY, INC., Post Office Box 5088, T.A., tioned that failure to oppose the applica­ 1960 31st Street, Denver, CO 80217. Ap­ No. MC 113514 (6ub-No. 110), filed tion may result in an unrestricted grant plicant’s representative: Ezekial Gomez October 12, .1971. Applicant: SMITH of authority. If a hearing is deemed (same address as applicant). Authority TRANSIT, INC., 1200 Simons Building, necessary, applicant requests it be held sought to operate as a common carrier, Dallas, Tex. 75201. Applicant’s repre­ at Minneapolis, Minn. by motor vehicle, over irregular routes, sentative: William D. White, Jr., 2505 No. MC 114273 (Sub-No. 106), filed transporting: Frozen foods, from Gallup, Republic National Bank Tower, Dallas, October 4, 1971. Applicant: CEDAR N. Mex., to points in Oklahoma, New Tex. 75201. Authority sought to operate RAPIDS STEEL TRANSPORTATION, Mexico, Colorado, Utah, Wyoming, Idaho, as a common carrier, by motor vehicle, INC., Post Office Box 68, Cedar Rapids, Oregon, and Washington. N o t e : Appli­ over irregular routes, transporting: Cat­ IA 52406. Applicant’s representative: cant states that the requested authority alyst, in bulk, from Cinizia, N. Mex., to Robert E. Konchar, Suite 315, Commerce cannot be tacked with its existing au­ points in Texas. N o t e : Applicant states Exchange Building, 2720 First Avenue thority. If a hearing is deemed neces­ that the requested authority will be Northwest, Cedar Rapids, IA 52402. Au­ sary, applicant requests it be held at tacked with its entire operating author­ thority sought to operate as a common Denver, Colo., or Phoenix, Ariz. ity. Persons interested in the tacking carrier, by motor vehicle, over irregular No. MC 115826 (Sub-No. 229), filed possibilities are cautioned that failure to routes, transporting: Candy, confection­ Oppose the application may result in an October 18, 1971. Applicant: W. J. ary, and confectionary products (except DIGBY, INC., Post Office Box 5088, T.A., unrestricted grant of authority. Common commodities in bulk, in tank vehicles), control may be involved. I f a hearing is 1960’31st Street, Denver, CO 80217. Ap­ from Reading, Pa., to points in Colorado, plicant’s representative: Ezekial Gomez, deemed necessary, applicant does not Illinois, Michigan, Minnesota, Missouri, specify a location. 1960 31st Street, Denver, CO 80217. Au­ Ohio, Tennessee, Texas, and Wisconsin, thority sought to operate as a common No. MC 113666 (Sub-No. 60), filed restricted to traffic originating at Read­ carrier, by motor vehicle, over irregular October 4, 1971. Applicant: FREEPORT ing, Pa. N o t e : Applicant states that the routes, transporting: Meats, meat prod­ TRANSPORT, INC., 1200 Butler Road, requested authority cannot be tacked ucts and meat byproducts and articles Freeport, PA 16229. Applicant’s repre­ with its existing authority. If a hearing distributed by meat packinghouses as de­ sentative : Leonard A. Jaskiewicz, 1730 M is deemed necessary, applicant requests scribed in sections A and C of appendix Street NW., Suite 501, Washington, DC it be held at Chicago, 111. I to the report in Descriptions in Motor 20036. Authority sought to operate as a No. MC 114533 (Sub-No. 239), filed Carrier Certificates 61 M.C.C. 209 and common carrier, by motor vehicle, over October 6, 1971. Applicant: BANKERS 766, from Luveme, Minn., Denison, Ft. irregular routes, transporting: Refrac­ DISPATCH CORPORATION, 4970 South Dodge, LeMars and Mason City, Iowa, tory products, materials and supplies Archer Avenue, Chicago, IL 60632. Appli­ Dakota City and West Point, Nebr., and used in the production and installation cant’s representative: Arnold Burke, Emporia, Kans., td^points in Maine, New of refractory products, (1) from Jackson, 2220 Brunswick Building, 69 West Hampshire, Vermont, Massachusetts, Massillon, and Oak Hill, Ohio to points Washington Boulevard, Chicago, IL Rhode Island, Connecticut, New York, in Pennsylvania, and (2) from Porter 60602. Authority sought to operate as a New Jersey, Pennsylvania, Maryland, Township, Clarion County, Pa., and the common carrier, by motor vehicle, over Delaware, Virginia, West Virginia, North Borough of Taretum, Allegheny County, irregular routes, transporting: Exposed Carolina, South Carolina, and the Dis­ Pa., to points in North Carolina, South and processed film and prints, compli­ trict of Columbia. N ote : Applicant states Carolina, Georgia, Tennessee, Alabama, mentary replacement film, and incidental that the requested authority cannot ee Minnesota, Upper Peninsula of Michigan, dealer handling supplies (except motion tacked with its existing authority-If * points on and east of West Virginia High­ picture film and materials and supplies hearing is deemed necessary, applicant way 92 and north of Highway 50 in West used in connection with commercial and requests it be held at Denver, Colo., or Virginia; points on and north of U.S. television motion pictures), (1) between Highway 33 in Virginia, Maryland, ex­ Omaha, Nebr. Kansas City, Kans., on the one hand, cept Baltimore, and Sparrows Point; and, on the other, points in Missouri; No. MC 115871 (Sub-No. 5), filed O0*0' Delaware except Wilmington and Clay- (2) between St. Louis, Mo., on the one ber-42, 1971. Applicant: EVART ISAAC, mont; Burlington, Camden, Atlantic, Cape May, Cumberland, Gloucester and hand, and, on the other, Miami, Okla., doing business as EVART ISAAC TRUC Salem Counties, N.J., and the District of and (3) between Parsons, Kans., on the LINE, Post Office Box 1315, Fort Dodge Columbia. N o t e : Applicant states that one hand, and, on the other, points in Road, Dodge City, KS 67801. Applica^ the requested authority cannot be tacked Ottawa, Delaware, and Tulsa Counties, representative: John J. Keller, 145 W

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21635

Wisconsin Avenue, Neenah, W I 54956. necessary, applicant requests it be held Bakersfield, and Modesto; from Los Authority sought to operate as a com­ at Nashville, Tenn., Birmingham, A la, Angeles to Modesto over State Highway mon carrier, by motor vehicle, over irreg­ or Memphis, Tenn. 99, thence over State Highway 132 to ular routes, transporting: Meat scraps No. MC 116877 (Sub-No. 5), filed Sep­ junction with Interstate Highway 580 to and packinghouse waste products, loose, Oakland, and return over the same route in containers, or in bulk, hi tank vehi­ tember 17, 1971. Applicant: GARMENT CARRIERS, INC., 2645 Nevin Avenue, and (2) Santa Barbara, Ventura, and cles, from Dodge City, Garden City, Oxnard; from Los Angeles to San Fran­ Great Bend, Kansas City, and Pratt, Los Angeles, CA 90011. Applicant’s repre­ sentative: Daniel W. Baker, 405 Mont­ cisco over U.S. Highway 101 and return Kans., to points in Arkansas, Colorado, over the same route. Missouri, Nebraska, New Mexico, Okla­ gomery Street, San Francisco, CA 94104. Authority sought to operate as a com­ (D) Between all points included in homa, and Texas. N o t e : Applicant states paragraphs A, B, and C above, on the that the requested authority cannot be mon carrier, by motor vehicle, over regu­ lar routes, transporting: Hanging or one hand, and points in Arizona along tacked with its existing authority. I f the following routes as follows: (1) All a hearing is deemed necessary, applicant cartoned garments, clothing and wearing apparel, and component parts used in the points on U.S. Highway 80, between requests it be held at Dodge City or Avondale and Mesa, inclusive, including Wichita, Kans. manufacture thereof, as defined in 61 M.C.C. 288 and 289 (except natural furs the off-route points of Alhambra, Chan­ No. MC 115975 (Sub-No. 14), filed and natural fur or fur trimmed gar­ dler, Glendale, and Scottsdale, and (2) October 14, 1971. Applicant: C.B.W. ments), handbags and costume jewelry. all points on Interstate Highways 10 TRANSPORT SERVICE, INC., Old Ed­ (A ) Between the points in California on and 19 and U.S. Highway 89, between wards ville Road, Mail: Post Office Box and in the following routes and area, as Phoenix and Nogales, including the off- 48, Wood River, IL. Applicant’s repre­ follows: (1) All points on Interstate route point of Casa Grande, from Los sentative: Ernest A. Brooks II, 1301 Am­ Highway 5 between San Fernando and Angeles, Calif., to Nogales, Ariz., over bassador Building, St. Louis, Mo. 63101. San Juan Capistrano; (2) all points on Interstate Highway 10 and U.S. High­ Authority sought to operate as a contract Interstate Highway 10 between Santa way 60 to Blythe, Calif.; thence over U.S. carrier, by motor vehicle, over irregular* Monica and Redlands; (3) all points on Highway 60 and Interstate Highway 10 routes, transporting: Anhydrous am­ Interstate Highway 405 between San to Phoenix, Ariz.; thence over Interstate monia, in bulk, in tank vehicles, for the Fernando and junction with Interstate Highway 10 to Tucson, Ariz.; thence over account of American Oil Co., (1) from Highway 5 near Irvine; (4) serving all Interstate Highway 19 and U.S. Highway Wood River, HI., to points in Missouri, points in the Los Angeles Basin terri­ 89 to Nogales, Ariz., and return over the Indiana, Kentucky, and Ohio; and (2) tory, as described in paragraph G set same route. (E) Between all points in­ from Joliet, HI., to points in Wisconsin forth hereafter, as off-route points; and, cluded in paragraphs A, B, and C above, Indiana, Michigan, and Ohio, under con­ the points in California on and in the on the one hand, and on the other hand, tract with American Oil Co. N o t e : I f a following routes and area, as follows: (5) the following points in Nevada: (1) Las hearing is deemed necessary, applicant all points on U.S. Highway 101 between Vegas with service to point’s in Clark requests it be held at St. Louis, Mo., or Ignacio and San Jose; (6) all points on County as off-route points, from Los Chicago, HI. State Highway 17 between Richmond Angeles, Calif., along Interstate Highway and San Jose, and (7) serving all points 10 to junction with Interstate Highway No. MC 116063 (Sub-No. 126), filed in the San Francisco territory, as 15 near Colton, Calif., thence over Inter­ Septem ber 24, 1971. Applicant: described in paragraph H set forth here­ state Highway 15 to Las Vegas, Nev., and WESTERN - COMMERCIAL TRANS­ after, as off-route points. return over the same routes. (F ) For op­ PORT, INC., 2400 Cold Springs Road, (B) Between all points included in sub- erating convenience only, the following Post Office Box 270, Fort Worth, T X alternate routes shall be utilized: (1) paragraphs A 1 through A 4 above, on 76101. Applicant’s representative: W. H. From junction with State Highway 99 Cole (same address as applicant). Au­ the one hand, and points in California on the following routes as follows: (1) near Chowchilla, Calif., to Gilroy, Calif., thority sought to operate as a common over State Highway 152 and return over All points on Interstate Highway 80 carrier, by motor vehicle, over irregular the same route; (2) from Los Angeles, between San Francisco and North Sacra­ routes, transporting: Transformer oil, Calif., to junction with U.S. Highway 50, mento; (2) all, points along U.S. High­ in bulk, in tank vehicles, and collapsi­ near Tracy, Calif., over Interstate High­ ble containers when moving at the same way 101, California Highways 37,12, and way 5 and return over the same route 29 between the northerly boundary of time and on the same vehicle with trans­ and (3) From Indio, Calif., to junction the San Francisco territory and junction former oil, from the plantsite of Gulf Oil with Interstate Highway 10 near Casa Co.-United States, located at West Port of State Highway 29 and U.S. Highway Grande, Ariz., over California Highway Arthur, Tex., to points in Idaho* Indiana, 40 and the off-route points of Belvedere, 86, U.S. Highway 80 and Interstate High­ Michigan, Minnesota, Montana, North Tiburon, Mill Valley, San Anselmo, Fair­ way 8 and return over the same route. fax, Novato, Sonoma, Fort Berry, Fort Dakota, and South Dakota. N o t e : Appli­ (G) Los Angeles Basin Territory, cant states that the requested authority Baker, Fort Cronkhite, Sausalito, Marin City, Corte Madera, Larkspur, Kentfield, Calif., includes all points within the fol­ cannot be tacked with its existing au­ lowing boundaries: Beginning at the in­ thority. if a hearing is deemed neces­ San Rafael, Terra Linda, San Benetia, Marinwood, Ignacio, Ignacio Junction, tersection of the westerly boundary of sary, applicant requests it be held at the city of Los Angeles and the Pacific Houston or Dallas, Tex. Black Point, Hamilton AF Base, Waldo and Napa; (3) all points on U.S. High­ Ocean, thence along the westerly and No. MC 116254 (Sub-No. 128), filed way 50 between Oakland and Sacra­ northerly boundaries of said city to its October 12, 1971. Applicant: CHEM- mento and the off-route point of Pleas­ point of first intersection with the south­ HAULERS, INC., Post Office Drawer M, anton; (4) all points on U.S. Highway erly boundary of Angeles National Forest, Sheffield, AL 35660. Applicant’s repre­ 99 between Stockton and Modesto; (5) thence along the southerly boundary of sentative: Walter Harwood, 1822 Park­ all points on State Highway 4 between Angeles and San Bernardino National way Towers, Nashville, TN 37219. Au­ junction thereof with U.S. Highway 40 Forests to the point of intersection of thority sought to operate as a common and Stockton and the off-route points of said southerly boundary of the San Ber­ earner, by motor vehicle, over irregular Port Chicago and Byron; (6) all points nardino National Forest and the San Routes, transporting: Chemicals, in bulk, on State Highway 24 between Oakland Bernardino-Riverside County line, thence O) from Clanton, Ala., to points in Geor- and Pittsburg and the off-route point of in a southerly and westerly direction sja, North Carolina, South Carolina, and Moraga; (7) all points on Interstate along said county boundary to a point Tennessee; (2) from Cullman, Ala., to Highway 680 between Warm Springs and thereon distant 5 miles east of the inter­ Points in Georgia, North Carolina, South Martinez, and (8) all points on State section of said county boundary and U.S. ^arolina, and Tennessee and (3) from Highways 33 and 132 between Tracy and Highway 91, thence generally southerly «chner, Tenn., to points in Missouri. Modesto. (C) Between all points included and southwesterly along a line generally T®: Applicant states that the request- in paragraphs A and B above, on the one paralleling and distant 5 miles from U.S. . oythority cannot be tacked with its Highway 91, State Highway 55, U.S. High­ hand, and, on the other hand, the follow­ way 101, Laguna Canyon Road and the existing authority. I f a hearing is deemed ing California points: (1) Fresno, prolongation thereof to the Pacific Ocean,

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21636 NOTICES thence along the coastline of the Pacific included in the instant application. an unrestricted grant of authority. If a Ocean to the point of beginning, and (H ) However, the existing right provides for hearing is deemed necessary, applicant San Francisco Territory, Calif., includes “ irregular” route operations and, by this requests it be held at Washington, D.C. all of the city of San Jose and all points application, that authority will be con­ No. MC 117664 (Sub-No. 7), filed within the following boundaries: Begin­ verted to “regular” route service. If a October 6, 1971. Applicant: DENTON ning at the point the San Francisco- hearing is deemed necessary, applicant TRUCKING, INC., Post Office Box 33, San Mateo County boundary line meets requests it be held at Los Angeles, Calif.; Denton, MD 21629. Applicant’s repre­ the Pacific Ocean; thence easterly along Las Vegas, Nev., Phoenix, and Tucson, sentative: Howard M. Mezick (same said boundary line to a point 1 mile west Ariz. address as applicant). Authority sought of U.S. Highway 101; southerly along an No. MC 117574 (Sub-No. 209), filed to operate as a common carrier, by motor imaginary line 1 mile west of and paral­ October 12, 1971. Applicant: DAILY vehicle, over irregular routes, transport­ leling U.S. Highway 101 to its intersec­ EXPRESS, INC., Post Office Box 39, ing: Untreated lumber, ties and wood tion with Southern Pacific Co. right-of- Carlisle, PA 17013. Applicant’s repre­ chips, from Denton, Md., to points in way at Arastradero Road; southeasterly sentative: James W. Hagar, 100 Pine Delaware, Pennsylvania, New Jersey, along the Southern Pacific Co. right-of- Street, Pqst Office Box 11666, Harris­ New York, Connecticut, Rhode Island, way to Pollard Road, including indus­ burg, PA 17108. Authority sought to Massachusetts, New Hampshire, Maine, tries served by the Southern Pacific Co. operate as a common carrier, by motor and Virginia. N o t e : Applicant states spur line extending approximately 2 miles vehicle, over irregular routes, transport­ that the requested authority cannot be southwest from Simla to Permanente; ing: Turbines, steam condensers, feed tacked with its existing authority. If a easterly along Pollard Road to West Parr water heaters and parts thereof, iron hearing is deemed necessary, applicant Avenue; easterly along West Parr Ave­ and steel castings and forgings, between requests it be held at Washington, D.C. nue to Capri Drive; southerly along Capri points in Chester, Eddystone, Easington, No. MC 118038 (Sub-No. 4), filed Drive to East Parr Avenue; easterly along and Philadelphia, Pa., and Wilmington, East Parr Avenue to the Southern Pacific October 7, 1971. Applicant: EASLEY Del., on the one hand, and, on the other, HAULING SERVICE, INC., Post Office Co. right-of-way; southerly along the points in the United States (except Southern Pacific Co. right-of-way to the Box 1261 (Gun Club Road), Yakima, Alaska and Arizona, California, Hawaii, W A 98907. Applicant’s representative: Campbell-Los Gatos city limits; easterly Idaho, Montana, Nevada, North Dakota, along said limits and the prolongation Norman Richardson (same address as Oregon, South Dakota, Utah, Washing­ thereof to the San Jose-Los Gatos Road; applicant). Authority sought to operate ton, and Wyoniing). N o t e : Applicant northeasterly along San Jose-Los Gatos as a common carrier, by motor vehicle, states that the authority requested herein Road to Foxworthy Avenue; easterly over irregular routes, transporting: Ex­ can be tacked with applicant’s existing along Foxworthy Avenue to Almaden panded polystyrene forms arid shapes, Road; southerly along Almaden Road to authority. It is not however applicant’s expanded or formed and nested, between Hillsdale Avenue; easterly along Hills­ present intention to tack, therefore the Wenatchee, Wash., and points in Mult­ dale Avenue to U.S. Highway 101; north­ tackable authorities are not identified nomah,. Hood River, Wasco, Jackson, herein. Personsrinterested in the tacking, westerly along U.S. Highway 101 to Tully Clackamas, Umatilla, Malhuer, Marion, Road; northeasterly along Tully Road to possibilities are cautioned that failure and Washington Counties, Oreg. N ote: White Road; northwesterly along White to oppose the applicant may result in an Applicant states that the requested au­ Road to McKee Road; southwesterly unrestricted grant of authority. Common thority cannot be tacked with its existing along McKee Road to Capitol Avenue; control may be involved. If a hearing is authority. I f a hearing is deemed neces­ northwesterly along Capitol Avenue to deemed necessary, applicant requests it sary, applicant requests it be held at State Highway 17 (Oakland Road); be held at Washington, D.C. Yakima, Wash.; Portland, Oreg., or Se­ Northerly along State Highway 17 to No. MC 117574 (Sub-No. 210), filed attle, Wash. Warm Springs; northerly along the un­ October 12, 1971. Applicant: DAILY EX­ No. MC 118518 (Sub-No. 7), filed Sep­ numbered highway over Mission San PRESS, INC., Post Office Box 39, Carlisle, tember 20, 1971. Applicant: MUKLUK Jose and Niles to Hayward; northerly PA 17013. Applicant’s representative: E. FREIGHT LINES, INC., Box 3-4127, along Foothill Boulevard to Seminary S. Moore, Jr. (same address as appli­ Anchorage, A K 99501. Applicant’s rep­ Avenue; easterly along Seminary Ave­ cant) . Authority sought to operate as a resentative: Joseph W. Sheehan, 330 nue to Mountain Boulevard; northerly common carrier, by motor vehicle, over Wendell Street, Suite A, Teamsters along Mountain Boulevard and Moraga irregular routes, transporting: (1) Building (Post Office Box 2551) , Fair­ Avenue to Estates Drive; westerly along Transformers, which because of size or banks, A K 99707. Authority sought to Estates Drive, Harbor Drive, and Broad­ weight require the use of special equip­ operate as a common carrier, by motor way Terrace to College Avenue; north­ ment and (2) transformers, which be­ vehicle, over irregular routes, transport­ erly along College Avenue to Dwight cause of size or weight do not require ing: General commodities (except house­ Way; easterly along Dwight Way to the the use of special equipment, when mov­ hold goods as defined by the Commis­ Berkeley-Oakland boundary line; north­ ing in mixed shipments with the items sion) , between Sweetgrass, Mont., on the erly along said boundary line to the in (1) above, between Pittsburgh, Pa., one hand, and, on the other, pointe m campus boundary of the University of on the one hand, and, on the other, Alaska (except those in the Alaska Pan­ California; northerly and westerly along points in Alabama, Arkansas, Connecti­ handle south of Haines, Alaska). N ote. the campus boundary of the University cut, Delaware, Florida, Georgia, Illinois, Applicant states that it intends to tac of California to Euclid Avenue; northerly Indiana, Iowa, Kentucky,- Louisiana, the requested authority with both 1» along Euclid Avenue to Marin Avenue; Maine, Maryland, Massachusetts, Michi­ existing Alaska authority, and that whic westerly along Marin Avenue to Arling­ gan, Minnesota, Mississippi," Missouri, it is presently seeking through transier ton Avenue; northerly along Arlington New Hampshire, New Jersey, New York, proceedings before the Alaska Transpor­ Avenue to U.S. Highway 40 (San Pablo North Carolina, Ohio, Pennsylvania, tation Commission, and further that v Avenue); northerly along U.S. Highway Rhode Island, South Carolina, Tennes­ seeks to tack and join the sought autho- 40 to and including the city of Rich­ see, Vermont, Virginia, West Virginia, ity at any and all points on the Alas mond; southwesterly along the highway Wisconsin, and the District of Columbia. border, except those in the Alaska rai - extending from the city of Richmond to N o t e : Common control may be involved. handle south of Haines, Alaska: JJ Point Richmond; southerly along an Applicant states that the requested au­ hearing is deemed necessary, a p p h c a n imaginary line from Point Richmond to thority cam be tacked with its existing requests it be held at Anchorage or Fair San Francisco waterfront at the foot of authority but indicates that it has no Market Street; westerly along said present intention to tack and therefore banks, Alaska. ' waterfront and shoreline to the Pacific does not identify the points or terri­ No. MC 119815 (Sub-No. 11)’ J?fd Ocean; southerly along the shoreline of tories which can be served through tack­ October 1, 1971. A pplicant: the Pacific Ocean to point of beginning. ing. Persons interested in the tacking STATE HIGHWAY EXPRESS,INC.,» N ote : Applicant holds interstate au­ possibilities are cautioned that failure Norton Avenue, Bedford, IN 47421. Ap­ thority in Docket No. MC 116877 to plicant’s representative: Walter operate between all points in California to oppose the application may result in

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21837

Jones, Jr., Chamber of Commerce Build­ hicles, from points in Virginia to Balti­ or bulk, from Canon City, Colo., to Sioux ing, Indianapolis, Ind. 46204. Authority more, Md.; and Bristol, Philadelphia, and Falls, S. Dak. N o t e : Applicant states sought to operate as a contract carrier, Tullytown, Pa. N o t e : Applicant states it that the requested authority cannot be by motor vehicle, over irregular routes, intends to tack at Baltimore, Md., with tacked with its existing authority. Appli­ transporting: Corrugated metal pipe and existing authorities to provide a through cant now holds contract carrier authority corrugated metal sheets, from the plant- service. If a hearing is deemed necessary, under its No. MC 112306 Subs 7 and 14, site of Kaiser Aluminum & Chemical applicant requests it be held at Wash­ therefore dual operations may be in­ Corp. at Bedford, Ind., to points in North ington, D.C. volved. If a hearing is deemed necessary, Dakota, South Dakota, Nebraska, Kan­ applicant requests it be held at Sioux sas, Oklahoma, Texas, Minnesota, Louisi­ No. MC 123805 (Sub-No. 7), filed Octo­ ber 8, 1971. Applicant: G. H. LOMAX, Falls, S. Dak., Minneapolis, Minn., or ana, Indiana, South Carolina, Virginia, Omaha, Nebr. Connecticut, Massachusetts, Rhode Rural Route No. 1, Hannibal, MO 63401. Island, Vermont, Maine, New Hampshire, Applicant’s representative: Thomas P. No. MC 123905 (Sub-No. 11), filed and Colorado, and returned shipments of Rose, Jefferson Building, Post Office Box October 15,1971. Applicant: OLEN BUR- corrugated metal pipe and corrugated 205, Jefferson City, MO 65101. Authority RAGE TRUCKING, INC., Route 9, Box metal sheets, from points in North Da­ sought to operate as a common carrier, 22-A, Philadelphia, MS 39350. Appli­ kota, - Nebraska, Kansas, Oklahoma, by motor vehicle, over irregular routes, cant’s representative: Donald B. Morri­ Texas, Minnesota, Louisiana, Indiana, transporting: Alfalfa meal and pellets, son, 717 Deposit Guaranty National Bank South Carolina, Virginia, Connecticut, from the plantsite of Marion County Building, Post Office Box 22628, Jackson, Massachusetts, Rhode Island, Vermont, Milling Co., located near Hannibal, Mo., MS 39205. Authority sought to operate Maine, New Hampshire, Colorado, West to points in Illinois and Indiana. N o t e : as a contract carrier, by motor vehicle, Virginia, Ohio, Michigan, Kentucky, Applicant states that the requested au­ over irregular routes, transporting: thority cannot be tacked with its existing Tennessee, and Ulinois to Bedford, Ind., Lumber, poles, timbers, and cross-ties, authority. I f a hearing is deemed neces­ under contract with Kaiser A lu m in um & treated or untreated, from points in Ala­ sary, applicant requests it be held at Chemical Corp. N o t e : If a hearing is bama, Louisiana, Arkansas, and Missis­ Jefferson City or St. Louis, Mo. deemed necessary, applicant requests it sippi, to points in Alabama, Arkansas, be held at Washington, D.C., or Indi­ No. MC 123885 (Sub-No. 6), filed Oc­ Florida, Georgia, Illinois, Indiana, Iowa, anapolis, Ind. tober 7, 1971. Applicant: C & R TRANS­ Kansas, Kentucky, Louisiana, Michigan, FER CO., a corporation, 1315 West Minnesota, Missouri, New York, North No. MC 120800 (Sub-No. 45), filed Blackhawk Street, Sioux Falls, SD 57101. Carolina, Ohio, Oklahoma, Pennsylvania, October 12, 1971. Applicant: CAPITOL Applicant’s representative: James R. South Carolina, Tennessee, Texas, Vir­ TRUCK LINE, INC., 2500 North Ala­ Becker, 412 West Ninth Street, Sioux ginia, West Virginia, Wisconsin, and Mis­ meda, Compton, CA 90222. Applicant’s Falls, SD 57104. Authority sought to op­ sissippi, under contract with Klumb representative: David P. Christianson, erate as a common carrier, by motor ve­ Lumber Co., Inc., Thomasson Lumber 825 City National Bank Building, 606 hicle, over irregular routes, transporting: Co., Hankins Lumber Co., and Edward South Olive Street, Los Angeles, CA (1) Cement, in bags or bulk, (a) from Hinds Lumber Co. of Louisiana. N o t e : 90014. Authority sought to operate as a Aberdeen, S. Dak., to points in Minne­ I f a hearing is deemed necessary, appli­ common carrier, by motor vehicle, over sota located on and east of U.S. Highway cant requests it be held at Jackson, Miss. irregular routes, transporting: Carbon 59, on the one hand, and, on the other, monoxide, in bulk, in tank vehicles, from No. MC 124111 (Sub-No. 32), filed on and west of U.S. Highway 65 from October 4,1971. Applicant: OHIO EAST­ the plantsite of Air Products and Chem­ the Minnesota-Iowa State line to and in­ icals, La Porte, Tex., to Los Angeles, ERN EXPRESS, INC., Post Office Box cluding the Minneapolis-St. Paul com­ 2297, 300 Perkins Avenue, Sandusky, OH Calif. N o t e : Applicant states that the mercial zone, and Minnesota Highway 44870. Applicant’s representative: John requested authority cannot be tacked 65 from the Minneapolis-St. Paul com­ with its existing authority. I f a hearing P. McMahon, 100 East Broad Street, Co­ mercial zone to the Minnesota-Canadian lumbus, OH 43215. Authority sought to is deemed necessary, applicant requests border, and points in Iowa located on and it be held at Los Angeles, Calif. operate as a common carrier, by motor west of U.S. Highway 65 and on and vehicle, over irregular routes, transport­ No. MC 123407 (Sub-No. 96), filed north of U.S. Highway 30; and (b) from ing: Bananas, (a) from Baltimore, Md., October 7, 1971. Applicant: SAWYER points in Minnehaha County, and Rapid to Youngstown, Cleveland, and Toledo, TRANSPORT, INC., 2424 Minnehaha City, S. Dak., to points in North Dakota Ohio, and Detroit and Grand Rapids, Avenue South, Minneapolis, MN 55404. located on and east of U.S. Highway 83; Mich., and (b) from New York, N.Y., to Applicant’s representative: Robert W. points in Minnesota located on and west Toledo, Ohio, and Detroit, Mich. N o t e : Sawyer (same address as applicant). of UB. Highway 65 from the Minnesota- Applicant states that the requested au­ Authority sought to operate as a com­ Iowa State line to and including the thority cannot be tacked with its existing mon carrier, by motor vehicle, over ir­ Minneapolis-St. Paul commercial zone authority. If a hearing is deemed neces­ regular routes, transporting: Hardwood and points in Minnesota on and west of sary, applicant requests it be held at flooring systems, hardwood flooring, Minnesota State Highway 65 from the Detroit, Mich. lumber, lumber products, and accessories Minneapolis-St. Paul commercial zone Jjsed in the installation thereof, from to the Minnesota-Canadian border; No. MC 124315 (Sub-No. 4), filed Oc­ Dollar Bay, Mich., to points in the United points in Iowa located on and west of tober 1, 1971. Applicant: ROBERT States in and east of Montana, Wyo- UB. Highway 65 and on and north of LUKENBILL, doing business as J. & L. Co., 6517 North Smith, Spokane, WA ®ing, Colorado, and New Mexico. N o t e : UB. Highway 30, and points in Nebraska Applicant states that the requested au­ located on and north of U.S. Highway 99207. Applicant’s representative: Hugh thority cannot be tacked with its exist- 30, and on and east of U.S. Highway A. Dressel, 702 Old National Bank Build­ •jhg authority. Common control may be 83; (2) Concrete products, from points ing, Spokane, Wash. 99201. Authority involved. If a hearing is deemed neces- in Minnehaha County, Mitchell, Water- sought to operate as a contract carrier, sary, applicant requests it be held at town, and Rapid City, S. Dak., to points by motor vehicle, over regular routes, Minneapolis, Minn., or Chicago, HI. in Minnesota located on and west of transporting: Bakery goods on palletized U.S. Highway 65 from the Minnesota- racks with wheels, from Seattle, Wash., No MC 123502 (Sub-No. 38), filed Iowa State line to and including the to Lewiston, Idaho, and Spokane, Wash., ^™ber 15> 1971- Applicant: FREE Minneapolis-St. Paul commercial zone serving the intermediate points of Yak­ oTATE TRUCK SERVICE, INC., Post yihce Box 760, 10 Vernon Avenue, Glen and points in Minnesota on and west of ima, Tri Cities Area (Richland, Kenne­ urnie MD 21061. Applicant’s represent- Minnesota State Highway 65 from the wick, Pasco) and Walla Walla, Wash., uve: w. Wilson Corroum (same address Minneapolis-St. Paul commercial zone under contract with Langendorf above). Authority sought to operate to the Minnesota-Canadian border, and Bakeries of Seattle in conjunction with » common carrier, by motor vehicle, points in Iowa located on and west of present three shippers. N o t e : I f a h e a r­ Afirregular routes, transporting: U.S. Highway 65 and on and north of ing is deemed necessary, applicant re­ e Ms and metal alloys, in dump ve­ U.S. Highway 30; and (3) rock, in bags quests it be held at Spokane, Wash.

FEDERAL REGISTER, VOL. 36, NO. 210— THURSDAY, NOVEMBER 11, 1971 21(538 NOTICES

No. MC 124327 (Sub-No. 1), filed Oc­ bulk, and commodities requiring special MC 45, Descriptions in Motor Carrier tober 12, 1971. Applicant: BYFORD equipment), between points in the United Certificates, appendix V (61 M.C.C. 276), CONTRACT CARRIER CORPORA­ States (except Alaska and Hawaii). Re­ between points in Colorado on the one TION, Post Office Box 261, Selmer, TN striction: The operation sought herein is hand, and, on the other, points in Utah, 38375. Applicant’s representative: Wal­ limited to a transportation service to be Idaho, and Nevada. N o te : Common con­ ter Harwood, 1822 Parkway Towers, performed under a continuing contract, trol may be involved. Applicant states Nashville, Tenn. 37219. Authority sought or contracts with W. R. Grace & Co. that the requested authority can be to operate as a contract carrier, by motor N ote : Common control may be involved. tacked with its existing authority but vehicle, over irregular routes, transport­ Applicant states no duplicating authority does not identify the points or territories ing: Salad dressing, moving in insulated is sought. I f a hearing is deemed neces­ which can be served through tacking. If trailers, from Nashville, Tenn., to points sary, applicant requests it be held at a hearing is deemed necessary, applicant in Arizona, California, Oklahoma, and Washington, D.C. requests it be held at Salt Lake City, Utah, or Denver, Colo. Texas, and (2) canned tomato products, No. MC 125010 (Sub-No. 11), filed Oc­ from points in Califronia to Nashville, tober 12, 1971. Applicant: GIBCO NO.lMC 125497 (Sub-No. 14), filed Oc­ Tenn., under contract with Mike Rose MOTOR EXPRESS, INC., 3405 North tober 15, 1971. Applicant: L. WOODS & Foods Manufacturing, Inc. N o t e : If a 33d Street, Terre Haute, IN 47808. Ap­ SON TRANSPORT LIMITED, 5005 Jrwin hearing is deemed necessary, applicant plicant’s representative: Warren C. Mo- Avenue, La Salle, PQ, Canada. Appli­ requests it be held at Nashville or Mem­ berly, 777 Chamber of Commerce Build­ cant’s representative: S. Harrison Kahn, phis, Tenn. ing, Indianapolis, Ind. 46204. Authority Suite 733, Investment Building, Wash­ No. MC 124692 (Sub-No. 82), filed Oc­ sought to operate as a contract carrier, by ington, D.C. 20005. Authority sought to tober 4, 1971. Applicant: SAMMONS motor vehicle, over irregular routes, operate as a common carrier, by motor TRUCKING, a corporation, Post Office transporting: Ferroalloys, in dump ve­ vehicle, over irregular routes, transport­ Box 1447, Missoula, M T 59801. Appli­ hicles and in containers, from Calvert ing: Structural steel, from ports of entry cant’s representative: Donald W. Smith, City, Ky., to Saginaw, Mich., under con­ on the United States-Canada boundary 900 Circle Tower Building, Indianapolis, tract with Airco Alloys and Carbide, a line to points in New Jersey and Penn­ Ind. 42604. Authority sought to operate division of Air Reduction Co., Inc. N ote : sylvania, with no transportation for com­ as a common carrier, by motor vehicle, * I f a hearing is deemed necessary, appli­ pensation on return except as otherwise over irregular routes, transporting: Iron cant requests it be held at Indianapolis, authorized. Restriction: The authority and steel articles, from the plant and Ind., or Washington, D.C. granted herein is restricted to transpor­ tation of traffic originating in Canada. warehouse facilities of Northwestern No. MC 125023 (Sub-No. 13), filed Oc­ N ote : Applicant states that the requested Steel and Wire Co., at. Sterling, 111., to tober 5, 1971. Applicant: SIGMA-4 EX­ authority cannot be tacked with its ex­ points in Montana, Wyoming, Idaho, PRESS, INC., Post Office Box 9117, Erie, Utah, Washington, and Oregon, re­ PA 16504. Applicant’s representative: isting authority. If a hearing is deemed necessary, applicant requests it be held stricted to traffic originating at North­ Paul F. Sullivan, 711 Washington Build­ at Washington, D.C. western Steel and Wire Co. N ote : Appli­ ing, Washington, D.C. 20005. Authority cant states that the requested authority sought to operate as a common carrier, No. MC 125918 (Sub-No. 12), filed Oc­ cannot be tacked with its existing au­ by motor vehicle, over irregular routes, tober 12, 1971. Applicant: JOHN A. DE thority. Common control may be in­ transporting: Malt beverages, in con­ MEGLIO, White Horse Pike, Ancora, volved. I f a hearing is deemed neces­ tainers, and advertising materials mov­ N.J. 08037. Applicant’s representative: sary, applicant requests it be held at ing therewith, and empty beverage con­ George A. Olsen, 69 Tonnele Avenue, Jer­ Chicago, 111., or St. Paul, Minn. tainers, on return, from Fort Wayne, sey City, NJ 07306. Authority sought to No. MC 124692 (Sub-No. 83), filed Oc­ Ind., to points in Pennsylvania. N o t e : operate as a contract carrier, by motor tober 14, 1971. Applicant: SAMMONS Applicant states that the requested au­ vehicle, over irregular routes, transport­ TRUCKING, a corporation, Post Office thority cannot be tacked with its existing ing: Brick and clay products, from York, Box 1447, Missoula, M T 59801. Appli­ authority. If a hearing i£ deemed neces­ Pa., to points in Orange, Rockland, West­ cant’s representative: Donald W. Smith, sary, applicant requests it be held at chester, Nassau, Suffolk, and Putnam 900 Circle Tower Building, Indianapolis, Chicago, 111., or Washington, D.C. Counties, N.Y., and New York, N.Y., and Ind. 42604. Authority sought to operate No. MC 125023 (Sub-No. 14), filed points in Hudson, Bergen, Essex, Passaic, as a common carrier, by motor vehicle, October 13, 1971. Applicant: SIGMA-4 and Union Counties, N.J., under contract over irregular routes, transporting: Iron EXPRESS, INC., Post Office Box 9117, with Glen Gery Corp. N o t e : If a hearing and steel articles, from the plants and Erie, PA 16504. Applicant’s representa­ is deemed necessary, applicant requests warehouse facilities of Keystone Steel tive: Paul F. Sullivan, 711 Washington it be held at Washington, D.C., or Phila­ and Wire Co., at Peoria, 111. and Chicago Building, Washington, D.C. 20005. Au­ delphia, Pa. Heights, 111., to points in Montana, W y­ thority sought to operate as a common No. MC 125985 (Sub-No. 9), filed Octo­ oming, Idaho, Utah, Washington, and carrier, by motor vehicle, over irregular ber 1, 1971. Applicant: AUTO DRIVE- Oregon, restricted to traffic originating routes, transporting: Malt beverages, in AW A Y COMPANY, a corporation, 343 at the plant and warehouse facilities of containers and related advertising ma­ South Dearborn Street, Chicago, IL Keystone Steel and Wire Co. N o t e : Ap­ terial moving therewith, from Pittsburgh, 60604. Applicant’s representative: Daniel plicant states that the requested au­ Pa., to points in Illinois, Indiana, Michi­ B. Johnson, 716 Perpetual Building, 1111 thority cannot be tacked with its existing gan, and Wisconsin and empty containers E Street NW „ Washington, DC 20004. authority. Common control may be in­ on return. N o t e : Applicant states that Authority sought to operate as & com­ volved. I f a hearing is deemed necessary, the requested authority cannot be tacked mon carrier, by motor vehicle, over irreg­ applicant requests it be held at Chicago, with its existing authority. No duplicat­ ular routes, transporting: Recreational HI., or'St. Paul, Minn. ing authority sought. If a hearing is vehicles and motor homes (not mobile No. MC 124796 (Sub-No. 89), filed Oc­ deemed necessary, applicant requests it homes) in driveaway service, between tober 12, 1971. Applicant: CONTINEN­ be held at Pittsburgh, Pa., or Washing­ points in Indiana and points in the TAL CONTRACT CARRIER CORP., ton, D.C. United States. N o t e : Applicant states 15045 East Salt Lake Avenue, Post Office that the requested authority cannot be No. MC 125433 (Sub-No. 30), filed Oc­ tacked with its existing authority, a. Box 1257, City of Industry, CA 91747. Ap­ tober 12, 1971. Applicant: F-B TRUCK plicant’s representative: William J. Mon- a hearing is deemed necessary, apph" LINE COMPANY, a corporation, 1891 cant requests it be held at Chicago, h . heim (same address as above). Authority West 2100 South Street, Salt Lake City, sought to operate as a contract carrier, UT 84119. Applicant’s representative: No. MC 126119 (Sub-No. 1), by motor vehicle, over irregular routes, David J. Lister (same address as appli­ ber 6, 1971. Applicant: EXTERN transporting: General commodities (ex­ cant). Authority sought to operate as a MOTOR TRANSPORT, 3^c5KJ\~ri cept those of unusual value, classes A common carrier, by motor vehicle, over RATED, Post Office Box 501, 508 Gordon and B explosives, household goods as de- irregular routes, transporting: Iron and Avenue, Richmond, VA 23204. Apphcan representative: G. C. Kirkmyer, Jr-» * fined by the Commission, commodities in steel articles, as described in Ex Parte No.

FEDERAL REGISTER. VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21639

Office Box 501, Richmond, VA 23204. Au­ Bradley, 213 St. Clair Street, Frankfort, TRANSPORT, INC., Rural Route 1, Bun­ thority sought to operate as a common K Y 40601. Authority sought to operate ker Hill, IN 46914. Applicant’s represent­ carrier, by motor vehicle, over irregular as a common carrier, by motor vehicle, ative: Warren C. Moberly, 777 Chamber routes, transporting: Packinghouse by­ over irregular routes, transporting: Iron of Commerce Building, Indianapolis, Ind. products, in bulk, in tank vehicles, ex­ and steel articles and fabricated steel 46204. Authority sought to operate as a cept chemicals and animal oils, from items, from Anniston, Ala., to points in contract carrier, by motor vehicle, over Smithfield, Va., to points in the United Arkansas, Missouri, Kentucky, Tennessee, irregular routes, transporting: Rock wool States (except Alaska and Hawaii). Wisconsin, Illinois, Indiana, Ohio, West insulating material (asbestos or mag­ N o t e : Applicant states that the request­ Virginia, Virginia, Maryland, District of nesia, mineral wool, mineral wool and ed authority cannot be tacked with its Columbia, Delaware, New Jersey, Penn­ cotton cloth or paper combined, in forms existing authority. If a hearing is deemed sylvania, New York, Connecticut, Rhode other than solid flat blocks or sheets; necessary, applicant requests it be held Island, Massachusetts, Vermont, New asbestos, felt, paper, magnesia or min­ at Washington, D.C., or Richmond, Va. Hampshire, Maine, and Michigan. N o t e : eral wool, separate or combined, in solid No. MC 126246 (Sub-No. 4) (correc­ Applicant states it does not intend to flat blocks or solid flat sheets; rock or tion), filed September 13, 1970, pub­ tack at present but would do so if appli­ slag mineral wool, metal reinforced; lished in the F ederal R eg ister issue of cable appropriate authority is received mineral wool, in batts and also other October 15, 1971, and republished as now or in the future. Persons interested than batts), from points in Madison corrected this issue. Applicant: AMER­ in the tacking possibilities are cautioned County, Ind., to points in Alabama, Ar­ ICAN TRANSFER AND STORAGE that failure to oppose the application kansas, Delaware, Florida, Georgia, Il­ COMPANY, a corporation, 905 West may result in an unrestricted grant of linois, Indiana, Iowa, Kansas, Kentucky, Mockingbird Lane, Dallas, T X 75247. authority. If a hearing is deemed neces­ Louisiana, -Maryland, Michigan, Min­ Applicant’s representative: Phillip Rob­ sary, applicant requests it be held at nesota, Mississippi, Missouri, New Jersey, inson, The 904 Lavaca Building, Austin, Nashville, Tenn., Louisville, Ky., or New York, North Carolina, Ohio, Okla­ Tex. 75247. N o t e : The purpose of this Frankfort, Ky. homa, Pennsylvania, South Carolina, republication is to correct the docket No. MC 127834 (Sub-No. 67), filed Tennessee, Texas, Virginia, West Vir­ number assigned thereto as shown above, October 8, 1971. Applicant: CHEROKEE ginia, Wisconsin, and the District of Col­ in lieu of No. MC 126247 which was in HAULING & RIGGING, INC., 540-42 umbia, under contract with Indiana error. The rest of the notice remains as Merritt Avenue, Nashville, TN 37203. Ap­ Rockwool Division of Susquehanna Corp. previously published. plicant’s representative: Fred F. Bradley, N o t e : I f a hearing is deemed necessary, 213 St. Clair Street, Frankfort, K Y 40601. applicant requests it be held at Indian­ No. MC 127003 (SUb-No. 3), filed Octo­ apolis, Ind., or Washington, D.C. ber 6, 1971. Applicant: JOHN W. LANK­ Authority sought to operate as a common FORD, Rural Delivery No. 1, Pocomoke carrier, by motor vehicle, over irregular No. MC 128338 (Sub-No. 1) filed Octo­ City, MD 21851. Authority sought to routes, transporting: (1) Plumbing and ber 15, 1971. Applicant: RINGER operate as a common carrier, by motor roofing supplies and sheet metal prod­ TRUCKING, INC., Route No. 1, Box 54, vehicle, over irregular routes, transport­ ucts, from Federal Copper and Aluminum Markleysburg, PA 15459. Applicant’s rep­ ing: (1) Beer, from Williamsburg, Va., Co., Inc., near College Grove, Tenn., to resentative: Arthur J. Diskin, 806 Frick to points in Wicomico and Worcester points in Montana, Wyoming, Colorado, Building, Pittsburgh, Pa. 15219. Authority Counities, Md., and (2) empty bottles and New Mexico, and all States east thereof, sought to operate as a contract carrier, containers, on return. N o t e : Applicant and (2) materials, equipment, and sup­ by motor vehicle, over irregular routes, states that the requested authority can­ plies used in the manufacture and/or transporting: Chemicals, in containers, not be tacked with its existing authority. distribution of the commodities in' (1) between Morgantown, W. Va., on the one If a hearing is deemed necessary, appli­ above, from points in Montana, Wyo­ hand, and, on the other, points in Rhode cant requests it be held at Washington, ming, Colorado, New Mexico, and all Island, Connecticut, New Hampshire, D.C. States east thereof, to Federal Copper Vermont, Illinois, Virginia, and North and Aluminum Co., Inc., near College Carolina, under continuing contract with No. MC 127042 (Sub-No. 89), filed Grove, Term. N o te : Applicant states that Weston Chemical Co., Inc., of Morgan­ October 4, 1971. Applicant: HAGEN, the requested authority can be tacked town, W. Va. N o t e : If a hearing INC., 4120 Floyd Boulevard, Post Office with its existing authority but indicates is deemed necessary, applicant requests Box 98, Leeds Station, Sioux City, IA that it has no present intention to tack it be held at Washington, D.C., or Pitts­ 51108. Applicant’s representative: and therefore does not identify the points burgh, Pa. Joseph W. Harvey (same address as ap­ or territories which can be served plicant) . Authority sought to operate as No. MC 128375 (Sub-No. 64) (Correc­ through tacking. Persons interested in tion), filed July 29, 1971, published in a common carrier, by motor vehicle, over the tacking possibilities are cautioned irregular routes, transporting: Food­ the F ederal R e g ister issue of August 26, that failure to oppose the application 1971, and republished in part as corrected stuffs, from Kalona, Iowa, to points in may result in an unrestricted grant of Idaho, Illinois, Indiana, Iowa, Kansas, this issue. Applicant: CRETE CARRIER authority. I f a hearing is deemed neces­ CORPORATION, Box 249, Crete, NE Michigan, Minnesota, Missouri, Mon­ sary, applicant requests it be held at tana, Nebraska, North Dakota, Ohio, 68333. Applicant’s representative: Duane Nashville, Tenn., Louisville or Frankfort, W. Acklie, Post Office Box 80806, Lincoln, Oregon, South Dakota, Utah, Washing­ Ky. ton, Wisconsin, and Wyoming. N o t e : NE 68501. N o t e : H ie sole purpose of this Applicant states that the requested au­ No. MC 128205 (Sub-No. 18), filed partial republication is to reflect the ad­ thority can be tacked with its existing October 15,* 1971. Applicant: BULK- dition of Arkansas as a destination State authority, but indicates that it has no MATTC TRANSPORT COMPANY, a cor­ that was inadvertently omitted in the present intention to tack and therefore poration, 4141 George Street, Schiller original publication. The rest of the ap­ does not identify the points or territories Park IL 60176. Applicant’s representa­ plication remains as previously published. which can be served through tacking. tive: Irving Stillerman, 29 South La Salle No. MC 128940 (Sub-No. 17), filed Oc­ Persons interested in the tacking possi­ Street, Chicago, IL 60603. Authority tober 12, 1971. Applicant: RICHARD A. bilities are cautioned that failure to op­ sought to operate as a common carrier, CRAWFORD, doing business as R. A. pose the application may result in an by motor vehicle, over irregular routes, TRUCKING SERVICE, Post Office Box unrestricted grant of authority. I f a transporting: Flour, in bulk, from 722, Adelphi, MD 20783. Applicant's rep­ hearing is deemed necessary, applicant Toledo, Ohio, to Chicago and Naperville, resentative: Charles E. Creager, Suite requests it be held at Omaha, Nebr., St. HI. N o t e : Applicant states that the re­ 523, 816 Easley Street, Silver Spring, MD Paul, Minn., or Chicago, HI. quested authority cannot be tacked with 20910. Authority sought to operate as a its existing authority. I f a hearing is contract carrier, by motor vehicle, over No. MC 127834 (Sub-No. 66), filed deemed necessary, applicant requests it October 8, 1971. Applicant: CHEROKEE irregular routes, transporting: (1) HAULING & RIGGING, INC., 540-42 be held at Chicago, HI. Frozen bakery goods, baking and freezing Merritt Avenue, Nashville, TN 37203. No. MC 128247 (Sub-No. 21), filed apparatus and equipment, from points in Applicant’s representative: Fred F. October 1, 1971. Applicant: BURSAL Washington County, Md., to points in

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21640 NOTICES

Pennsylvania, West Virginia, Virginia, quests it be held at Dallas or Houston, No. MC 135012 (Sub-No. 1), filed Kentucky, Ohio, Indiana, Illinois, Mis­ Tex. October 8, 1971. Applicant: AERO DIS­ souri, Iowa, Kansas, Minnesota, Wiscon­ TRIBU TING CO., a corporation, 834 No. MC 134336 (Sub-No. 4), filed Octo­ West Main Street, Lowell, M I 49331. Ap­ sin, and Michigan and (2) Plastic film, ber 12, 1971. Applicant: TOM BOWEN, cardboard, and corrugated cartons, from plicant’s representative: Daniel J. Ko- INC., Box 689, Sturgis, SD 57785. Appli­ zera, Jr„ 715 McKay Tower, Grand Muncie, Ind., St. Louis, and Hazelwood, cant’s representative: A. Milton Evans, Mo., and Harrisonburg, Va., to points in Rapids, Mich. 49502. Authority sought to Box 1286, Rapid City, SD 57701. Au­ operate as a common carrier, by motor Washington County, Md., under contract thority sought to operate as a common with Dutchie, Inc., Hagerstown, Md. vehicle, over irregular routes, transport­ carrier, by motor vehicle, over irregular ing: Liquefied petroleum gases and natu­ N o t e : If a hearing is deemed necessary, routes, transporting: Lumber and lumber applicant requests it be held at Wash­ ral gasoline, in bulk, in tank vehicles, products, from Sturgis, S. Dak., to points from points in St. Clair County, Mich., to ington, D.C. in Nebraska. N ote : Applicant states that points in Indiana and Ohio. N ote : Appli­ No. MC 133800 (Sub-No. 1), filed Octo­ the requested authority cannot be tacked cant states that the requested authority ber 15, 1971. Applicant: RAYMOND with its existing authority. If a hearing cannot be tacked with its existing au­ SANDLIN, JR. AND JANICE SANDLIN, is deemed necessary, applicant requests thority. I f a hearing is deemed necessary, a partnership, doing business as it be held at Rapid City; Pierre or Sioux applicant requests it be held at Lansing, SANDLIN TRUCKING, Rural Route Falls, S. Dak. Mich., Chicago, HI., or Detroit, Mich. No. 1, Greensburg, IN. Applicant’s repre­ No. MC 134617 (Sub-No. 1>, filed sentative: Donald W. Smith, 900 Circle No. MC 135283 (Sub^No. 5), filed October 13, 1971. Applicant: TRUCK October 18, 1971. Applicant: GRAND IS­ Tower, Indianapolis, Ind. 46202. Author­ TRAILER LEASING COMPANY, a cor­ ity sought to operate as a contract car­ LAND MOVING & STORAGE CO., INC., poration, 248 Ohio River Boulevard, Box 1665, Grand Island, NE 68801. Ap­ rier, by motor vehicle, over irregular Sewickley, PA 15143. Applicant’s repre­ routes, transporting: (1) Malt beverages, plicant’s representative: Gailyn L. Lar­ sentative: Arthur J. Diskin, 806 Frick sen, 521 South 14th Street, Post Office from Detroit, Mich., to Greensburg, Ind., Building, Pitssburgh, Pa. 15219. Author­ and (2) used empty malt beverage con­ Box 80806, Lincoln, NE 68501. Authority ity sought to operate as a contract car­ sought to operate as a common carrier, tainers, from Greensburg, Ind., to De­ rier, by motor vehicle, over irregular troit, Mich., to be performed under a con­ by motor vehicle, over irregular routes, routes, transporting: Plastic articles and transporting: Meats, meat products, tinuing contract with Tree City Beverage materials, supplies and equipment used Co., Inc. N o t e : If a hearing is deemed meat byproducts and articles distributed in the manufacture and distribution of by meat packinghouses, from the plant- necessary, applicant requests it be held plastic articles (except commodities in at Indianapolis, Ind., or Chicago, HI. site and storage facilities of Swift & Co. bulk), between the plantsites of Cities at or near Grand Island, Nebr., to points No. MC 134069 (Sub-No. 5), filed Service Co., Fesco Operations, at McKees in Iowa, Hlinois, Missouri, Minnesota, October 12, 1971. Applicant: B AND D Rocks, Pa., Kankakee, HI., and Tustin, Wisconsin, and Vermont, restricted to TRANSPORT, INC., Post Office Box 1113, Calif., on the one hand, and, on the other, traffic originating at the named origin points in California, Arizona, New Palmer Plaza, Deming, NM 88030. Appli­ and destined to the named States. N ote: cant’s representative: V. Lee Vesely, Post Mexico, Texas, Oklahoma, Minnesota, Applicant requests concurrent handling Iowa, Missouri, Arkansas, Louisiana, Office Box 1056, Silver City, NM 88061. with F -l 13.51, published in the F ederal Mississippi, Alabama, Georgia, Florida, Authority sought to operate as a con­ R eg ister issue of November 3,1971. Com­ tract carrier, by motor vehicle, over ir­ South Carolina, North Carolina, Tennes­ mon control may be involved. I f a hearing regular routes, transporting: Dairy see, Kentucky, Virginia, Maryland, is deemed necessary, applicant requests it products^ fruit juices, fruit concentrates, Delaware, West Virginia, Ohio, Indiana, be held at Lincoln or Grand Island, Nebr. and animal fats, in vehicles equipped Illinois, Wisconsin, Michigan, Pennsyl­ with mechanical refrigeration, from vania, New Jersey, New York, Connecti­ No. MC 135621 (Sub-No. 2), filed points in New Mexico to points in Texas cut, Rhode Island, Massachusetts, New October 15, 1971. Applicant: MOLER- on and west of U.S. Highway 83, under Hampshire, Vermont, Maine, and the W AY FREIGHT LINES, INC., 1931 contract with Price’s Creameries, Inc. District of Columbia, under continuing Broadwater Avenue, Billings, M T 59102. N ote : Applicant states that tacking contract with Cities Service Co., Fesco Applicant’s representative: Donald R. would be made with its Sub-No. 2 be­ Operations. N o t e : If a hearing is deemed Herndon, Post Office Box 20779, 1216 tween Texas and New Mexico at points necessary, applicant requests it be held 16th Street West, Billings, M T 59102. common to existing authority and the at Washington, D.C., or Pittsburgh, Pa. Authority sought to operate as a com­ mon carrier, by motor vehicle, over regu­ proposed authority. I f a hearing is No. MC 135007 (Sub-No. 8), filed deemed necessary, applicant requests it lar routes, transporting: General October 12, 1971. Applicant: AMERICAN commodities (except household goods be held at El Paso, Tex., Silver City or TRANSPORT, INC., Millard, Nebr. Deming, N. Mex. and articles of unusual value or those 68137. Applicant’s representative: Fred­ requiring the use of special equipment), No. MC 134282 (Sub-No. 4), filed Octo­ erick J. Coffman, 521 South 14th Street, (1) between Billings and Forsyth, Mont.: ber 1, 1971. Applicant: ENNIS TRANS­ Post Office Box 80806, Lincoln, NE 68501. (a) From Billings over U.S. Highway 87 PORTATION CO., INC., Post Office Box Authority sought to operate as contract to Roundup, Mont., thence over U.S. 447, E n n is, T X 75119. Applicant’s repre­ carrier, by motor vehicle, over irregular Highway 12 to Forsyth and return over sentative: William D. White, Jr., 2505 routes, transporting; New finished fur­ the same route, serving all intermediate Republic National Bank Tower, Dallas, niture, from Taylor and San Marcos, points; (b) From Billings to Forsyth over Tex. 75201. Authority sought to operate Tex., to points in Louisiana, Arkansas, U.S. Highway 10 and return over the as a common carrier, by motor vehicle, Missouri, Iowa, Minnesota, Wisconsin, same route, serving all intermediate Illinois, Mississippi, Alabama, Tennessee, over irregular routes, transporting: points. N o t e : I f a hearing is deemed Gypsum board paper, (1) from the plant- Kentucky, Indiana, Michigan, Ohio, necessary, applicant requests it be held site and warehouse of Georgia Pacific Florida, Georgia, South Carolina, North of "D-iTli rro Co. at or near Pryor, Okla., to the plant- Carolina, Virginia, West Virginia, Mary­ site and/or warehouse of the Celotex land, Delaware, New Jersey, New No. MC 135803 (Sub-No. Xh Corp. at or near Hamlin, Fisher County, York, Massachusetts, Connecticut, Rhode October 7, 1971. Applicant: WALLACE Tex.; and (2) from the plantsite and Island, New Hampshire, Vermont, Maine, TRANSPORT, a corporation, Post Office warehouses of National Paper Co. at or Pennsylvania, the District of Columbia, Box 212, Planada, CA 95365. Applicants near Pryor, Okla., to the plantsite and/or Oklahoma, Colorado, Kansas, and representative: Boris H. Lakusta, 319 warehouse of the Flintkote Co. at or near Nebraska, under a continuing contract Sansome ¡Street, San Francisco, CA Sweetwater, Tex. N o t e : Applicant states with William P. Volker & Co., Kerr-Ban 94104. Authority sought to operate as a that the requested authority cannot be Furniture Manufacturing Co. Division. common carrier, by motor vehicle, over tacked with its existing authority. Com­ N o t e : If a hearing is deemed necessary, irregular routes, transporting: Grrocenes mon control may be involved. I f a hear­ applicant requests it be held at Lincoln, and other commodities dealt in by wnoL~' sale or retail grocery establishment ing is deemed necessary, applicant re­ Nebr., or Dallas, Tex.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21641

foods and food products requiring tem­ No. MC 135909 (Correction), filed Au­ with its existing authority. I f a hearing perature control service; meatsy meat gust 2, 1971, published in the F ederal is deemed necessary, applicant requests products—including cooked and cured R egister issue of October 15, 1971 and it be held at Seattle, Wash. meats, meat byproducts and articles dis­ republished in part as corrected this is­ tributed by meat packinghouses; dairy sue. Applicant: WALTER V. BAKER No. MC 135994, filed August 26, 1971. products; and fish and agricultural com­ AND WILLIS D. W. BAKER, a partner­ Applicant: MOLASSES HAULERS, INC., modities, otherwise exempt under section ship doing business as BAKER BROS., Box 621, West Highway 26, Scotts- 203(b) (6) of the Interstate Commerce 304 South Main, Ellington, MO 63638. Ap­ bluff, NE 69361. Applicant’s representa­ Act, in mixed shipments with regulated plicant’s representative: Walter V. Baker tive: Robert G. Simmons, Jr., 1620 Ave­ nue A, Scottsbluff, NE 69361. Authority commodities, (a) between points in (same address as applicant). N o t e : The California (excluding pickup and de­ purpose of this partial republication is sought to operate as a common carrier, livery service within (1) the cities of to reflect between points in Missouri, by motor vehicle, over irregular routes, Alameda, Albany, Berkeley, Emeryville, Iowa, Illinois, Alabama, Arkansas, and transporting: Tallow, animal oils, and El Cerrito, Hayward, Piedmont, Rich­ Kansas in lieu of “ from points in” as was animal fats, as described by the Com­ mond, Oakland, San Leandro, South San shown in the previous publication. The mission, in tank vehicles, from the plant- Leandro, San Francisco, and South San rest of the application remains as previ­ site of Swift & Co., at Gering, Nebr., to Francisco, (2) the commercial zones of ously published. points in Nebraska and South Dakota, Los Angeles County and/or Los Angeles on and west of U.S. Highway 281 and No. MC 135936 (Sub-No. 2), filed Oc­ Harbor), and (b) between points in Cali­ points in Colorado and Wyoming, on and tober 4, 1971. Applicant: LIEBMANN fornia on the one hand, and, on the east of U.S. Highway 87. N o t e : Common TRANSPORTATION CO., INC., U.S. other, points in Washoe County, Nev, control may be involved. If a hearing is Highway 65 North, also Post Office Box Note: Common control may be involved. deemed necessary, applicant requests it 1022, Iowa Falls, LA 50126. Applicant’s If a hearing is deepied necessary, appli­ be held at Scottsbluff or Gering, Nebr. representative: Robert R. Rydell, 900 cant requests it be held at San Francisco Savings and Loan Building, Des Moines, No. MC 135997 (Amendment), filed or Los Angeles, Calif. Iowa 50309. Authority sought to operate August 24,1971, published in the F ederal No. MC 135812 (Amendment), filed as a common carrier, by motor vehicle, R eg ist e r issue of October 7, 1971, and July 6,1971, published F ederal R eg ister over irregular routes, transporting: republished as amended this issue. Ap­ issue of August 19, 1971, and republished Meats, meat products, and meat byprod­ plicant: TEXAS TANK LEASING, INC., as amended this issue. Applicant: PRO­ ucts and articles distributed by meat Route 10, Box 501 N., Houston, T X FESSIONAL DRIVER SERVICES, INC., packinghouses as described in sections 77040. Applicant’s representative: Wil­ 146 Seventh Avenue' North, Nashville, A and C of Appendix 1 to the report in liam D. Lynch, 1005 Nueces, Austin, T X TN 37203. Applicant’s representative: Descriptions in Motor Carrier Certifi­ 78701. Authority sought to operate as Walter Harwood, 1822 Parkway Towers, cates, 61 M.C.C. 209 and 766 (except hides a common carrier, by motor vehicle, over Nashville, Tenn. 37219. Authority sought and commodities in bulk), from Tama, irregular routes, transporting: Glass fiber bo operate as a common carrier, by Iowa, to Chicago, HI.; Milwaukee, Wis., reinforced plastic storage vessels, vessel parts, and attachments thereto when motor vehicle, over irregular routes, and Detroit, Mich. N o t e : Applicant transporting: Trucks, tractors, semi­ states that the requested authority can­ moving with the vessels and pipe, from trailers, and tra ctor-trailer units, in not be tacked with its existing authority. points in Texas to points in Oklahoma, driveaway service, between points in I f a hearing is deemed necessary, appli­ Louisiana, Kansas, Missouri, Arkansas, Metropolitan Nashville and Davidson cant requests it be held at Des Moines, Mississippi, Alabama, Tennessee, Texas, Counties, Tenn., Knoxville, Tenn., and Iowa, or Chicago, HI. Florida, and Georgia. N o t e : The purpose of this republication is to redescribe the Mobile, Ala., on the one hand, and, on No. MC 135955, filed August 11, 1971. the other, points in the United States authority sought. I f a hearing is deemed Applicant: BARKER SERVICE STA­ necessary, applicant requests it be held at (except Alaska and Hawaii), restricted TION, INC., 730-750 East 241st Street, Houston or Fort Worth, Tex. on return to said named points against Bronx, N Y 10470. Applicant’s representa­ initial driveaway service. N o t e : Appli­ tive: William D. Traub, 10 East 40th No. MC 136002 (Sub-No. 1), filed cation is accompanied with a motion to Street, New York, NY 10016. Authority October 4, 1971. Applicant: DANIELSON dismiss. The purpose of this republica­ sought to operate as a common carrier, AVIATION, INC., Danielson Airport, tion is to show that the application has by motor vehicle, over irregular routes, Danielson, Conn. 06239. Applicant’s rep­ been amended to add Knoxville, Tenn., transporting: Disabled or wrecked pas­ resentative: Reubin Kaminsky, Post and Mobile, Ala. I f a hearing is deemed senger and commercial vehicles, fork-lift Office Box 17-067, 342 North Main necessary, applicant requests it be held trucks, and other disabled or wrecked Street, West Hartford, CT 06117. Au­ at Nashville, Tenn. self-propelled articles requiring the use thority sought to operate as a common carrier, by motor vehicle, over regular No. MC 135865 (Sub-No. 1), filed Octo­ of wrecker equipment, and replacements for such disabled or wrecked commodi­ routes, transporting: General commodi­ ber 12, 1971. Applicant: APPLEGATE ties (except dangerous explosives, house­ DR AY AGE COMPANY, a corporation, ties, between points in the United States east of and including North Dakota, hold goods as defined in Practices of 325 North Fifth Street, Sacramento, CA M otor Common Carriers of Household 95812. Applicant’s representative: John South Dakota, Nebraska, Kansas, Okla­ homa, and Texas. N o t e : I f a hearing is Goods, 17 M.C.C. 467, commodities in Paul Fischer, 140 Montgomery Street, bulk, commodities requiring special °an Francisco, CA 94104. Authority deemed necessary, applicant requests it be held at New York, N.Y. equipment, commodities contaminating sought to operate as a common carrier, or injurious to other lading, and articles by motor vehicle, over regular routes, No. MC 135987 (Sub-No. 1), filed Sep­ of unusual value), between Killingly transporting: General commodities, (1) tember 10, 1971. Applicant: CARBOL Township, Conn., and Bradley Interna­ between Sacramento and Vinton, Calif., TRAILWAYS (LTD), 300-444 Seventh tional Airport at Windsor Locks, Conn., over California Highway 70, serving all Avenue SW., Calgary 2, AB, Canada. Ap­ (1) from Danielson located in Killingly intermediate points, and off-route points plicant’s representative: Reginald A. Car- Township, over Connecticut Highway 52 Within 10 miles of said highway between bol, 2124 Chambers Street, Victoria, BC, to its junction with Connecticut High­ Jarbo Gap and Vinton, Calif., and (2) Canada. Authority sought to operate as way 101, thence over Connecticut High­ between the junction of California High­ a common carrier, by motor vehicle, over way 101 to its junction with U.S. Highway ways 89 and 70 and Greenville, Calif., irregular routes, transporting: Bananas, 44, thence over U.S. Highway 44 to its h!?r ^a^ ornia Highway 89, serving all from Wilmington, Calif., and Seattle, junction with Interstate Highway 86, intermediate points and off-route points Wash, to the international boundary be­ thence over Interstate Highway 86 to its within 10 miles of said highway and the tween the United States and Canada at junction with Interstate Highway 84, on-route point of Taylorsville, Calif. or near Blaine, Lynden, Sumas, and Oro- thence over Interstate Highway 84 to its anJv' ^ a bearing is deemed necessary, ville, Wash., Eastport, Idaho, and Sweet- junction with Interstate Highway 91, PPlicant requests it be held at Sacra­ grass, Mont. N o t e : Applicant states that thence over Interstate Highway 91 to its mento or San Francisco, Calif. the requested authority cannot be tacked junction with Connecticut Highway 20,

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 No. 218—Pt. I----io 21642 NOTICES thence over Connecticut Highway 20 to der contract with Dakota Salt & Chem­ having a density of less than 4 pounds per its junction with the Bradley Field ical Co. N o t e : If a hearing is deemed cubic feet in boxes, between Kent, Ohio, Connector, thence over the Bradley Field necessary, applicant requests it be held and points in Florida, Georgia, South Connector to Bradley International Air­ at Williston, Minot, Bismarck, or Fargo, Carolina, North Carolina, Virginia, West port at Windsor Locks, Conn., and re­ N. Dak. Virginia, Kentucky, Tennessee, Alabama, Maryland, and Washington, D.C., under turn over the same route; and No. MC 136080 (Sub-No. 1), filed Octo­ contract with The Smithers Co., Kent. (2) From Danielson located in Kill- ber 12, 1971. Applicant: ELIZABETH S. Ohio. N o t e : I f a hearing is deemed neces­ Ingly Township, Conn., over Connecticut LAFOE AND BERNIE L. LAFOE, a part­ sary, applicant requests it be held at Highway’ 52 to its junction with Con­ nership, doing business as E. S. LAFOE, Miami or Tampa, Fla. necticut Highway 101, thence over Con­ Box 32, Monkton, Vt. 04569. Applicant’s necticut Highway 101 to its junction with representative: Elizabeth S. Lafoe (same No. MC 136108, filed October 18, 1971, U.S. Highway 44, thence over U.S. High­ address as applicant). Authority sought Applicant: 4 JAY LEASING CORPORA­ way 44 to its junction with Interstate to operate as a contract carrier, by motor TION, 1754 Gulf Life Tower, Jackson­ Highway 86, thence over Interstate High­ vehicle, over irregular routes, transport­ ville, Fla. 32207. Applicant’s representa­ way 86 to its junction with Connecticut ing: Canned and bottled nonalcoholic tive: Martin Sack, Jr. (same address as Highway 30, thence over Connecticut beverages, empty bottles, fiberboard con­ above). Authority sought to operate as a Highway 30 to its junction with Inter­ tainers, syrup, liquid sugar, vending ma­ common carrier, by motor vehicle, over state Highway 291, thence over. Interstate chines, paper labels, caps, and materials irregular routes, transporting: Rags and Highway 291 to its junction with Inter­ and supplies used in the soft drink bot­ used clothing and wearing apparel, from state Highway 91, thence over Interstate tling industry, from points in Connecti­ points in New York and New Jersey to. Highway 91 to its junction with Con­ cut, Maine, Massachusetts, New Hamp­ points in the United States (except necticut Highway 20, thence over Con­ shire, New Jersey, New York, Rhode Alaska and H awaii). N o t e : I f a hearing necticut Highway 20 to its junction with Island, Pennsylvania, West Virginia, Vir­ is deemed necessary, applicant requests the Bradley Field Connector, thence over ginia, and Maryland, on the one hand, it be held at New York City, N.Y. the Bradley Field Connector to Bradley and on the other, Rutland, Montpelier, M otor C arrier o f P assengers International Airport, at Windsor Locks, and Burlington, Vt., under contract with No. MC 668 (Sub-No. 95), filed Octo­ Conn., and return over the same route, Louis E. Farrell Bottling Co. N o t e : If serving no intermediate points, but serv­ a hearing is deemed necessary, applicant ber 4, 1971. Applicant: INTER-CITY ing the terminal points and the off-route requests it be held at Burlington or TRANSPORTATION CO., INC., DON­ points of Brooklyn, Canterbury, Eastford, ALD A. ROBINSON, TRUSTEE, 419 Montpelier, Vt. Anderson Avenue, Fairview, NJ 07022. Griswold, Killingly, Lisbon, Plainfield, No MC 136083, filed October 7, 1971. Pomfret, Putnam, Sprague, Sterling, Applicant’s representative: Edward P. Applicant: FONT TRANSPORT CORP., Thompson, and Woodstock, Conn., and Bowes, 744 Broad Street, Newark, NJ 234 Southlawn Avenue, Central Islip, point within 2 miles of Bradley Inter­ 07102. Authority sought to operate as a NY 11722. Applicant’s representative: common carrier, by motor vehicle, over national Airport at Windsor Locks, Arthur J. Piken, 1 Lefrak City Plaza, Conn., with such service restricted to regular routes, transporting: Passengers Flushing, N Y 11368. Authority sought to traffic originating at or destined to air­ and their baggage and newspapers and operate as a common carrier, by motor line carriers or air freight forwarders, express in the same vehicle with passen­ vehicle, over irregular routes, transport­ gers, (1) Between Hackensack, N.J., and and all service restricted to traffic having ing: Structural and architectural tubing, an immediately prior or subsequent Hackensack, N.J., trict of Coumbia. N o t e : I f a hearing is over River Street to junction South River No. MC 136071 (Sub-No. 1), filed Octo­ deemed necessary, applicant requests it ber 7, 1971. Applicant: K ISSN E R Street, then over South River stre®t' TRANSPORT, LTD., 525 12th Avenue be held at New York, N.Y. junction Kennedy Street, then °verjj* East, Regina, SK, Canada. Applicant’s No. MC 136095 (Sub-No. 1), filed Oc­ nedy Street to junction Interstate tug! - representative: A. R. Fowler, 2288 Uni­ tober 12, 1971. Applicant: ROBERT L. way 80 access road, then over m i ~ versity Avenue, St. Paul, MN 55114. Au­ GILBERT AND LOU E. GILBERT, a state Highway 80 access road to ln^i- thority sought to operate as a contract partnership, doing business as GILBERT state Highway 80 in Hackensack, Jn.j^ and return over the same routes uswx carrier, by motor vehicle, over irregular EXPRESS LINE, 1701 South Federal Interstate Highway 80 exit road at Ken routes, transporting: Salt (sodium chlo­ Highway, Stuart, FL 33494. Applicant’s ride) and salt products, from Williston, nedy Street serving all intermedia representative: John P. Bond, 30 Giralda N. Dak., to ports of entry on the United points; and (E) from the junction o States-Canadian international boundary Avenue, Coral Gables, FL 33134. Author­ Summit Avenue and Mary Streep Hackensack, N.J., over Mary Street line in Montana and North Dakota, on ity sought to operate as a contract car­ rier, by motor vehicle, over irregular junction Polifly Road, then over Pohny traffic destined to the Provinces of A l­ Road to junction of Interstate Hig berta, Manitoba, and Saskatchewan, un- routes, transporting: Plastic articles

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21643

80 access road, then over Interstate High­ Street to junction South State Street at and Church Street in Paterson, N.J., over way 80 access road to Interstate High­ South Hackensack, N.J., and Hacken­ Church Street to junction Ellison Street, way 80 in Hackensack, N.J., and return sack, N.J., boundary line, then over then over Ellison Street to junction over the same routes using Interstate South State Street to junction State Straight Street, then over Straight Highway 80 exit road at Polifly Road, Street then over State Street to junction Street to junction Market Street, then serving all intermediate points; (2) Be­ Mercer Street in Hackensack, N.J., serv­ over Market Street to junction Madison tween Hasbrouck Heights, N.J., and ing all intermediate points; Avenue, then over Madison Avenue to Hackensack, N.J.; from the junction of (5) Between Teaneck, N.J., and Tea- junction Interstate Highway 80 access Boulevard and Williams Avenue in Has­ neck, N.J.; from the junction of Fort Lee road, then over Interstate Highway 80 brouck Heights, N.J., over Williams Road and Teaneck Road in Teaneck, access road to Interstate Highway 80, Avenue to junction Terrace Avenue, N.J., over Teaneck Road to DeGraw Paterson, N.J., and return from Inter­ then over Terrace Avenue- to junction Avenue; then over DeGraw Avenue to state Highway 80 over Interstate High­ Polifly Road, then over Polifly Road to junction Interstate Highway 95 access way 80 exit road at Madison Avenue to Interstate Highway 80 access road, then road, then over Interstate Highway 95 junction Madison Avenue, then over over Interstate Highway 80 access road access road to junction Interstate High­ Madison Avenue to junction 16th Avenue, to Interstate Highway 80 in Hackensack, way 95 in Teaneck, N.J., and return over then over 16th Avenue to junction Mar­ N.J., and return over the same routes the same routes using Interstate High­ ket Street, then over Market Street to using Interstate Highway 80 exit road at way 95 exit road and Glenwood Avenue junction Church Street, serving all in­ Polifly Road, serving all intermediate to DeGraw Avenue, serving all inter­ termediate points; (B) from the junction points; (3) Between Paramus, N.J., and mediate points; (6) Between Rochelle of Market Street and Church Street in Hackensack, N.J.; from junction of New Park, N.J., Lodi, N.J., and Lodi, N.J.; Paterson, N.J., over Church Street to Jersey Highway 17 and New Jersey High­ from junction Essex Street and River- junction Ellison Street, then over Ellison way 4 in Paramus, N.J., over New Jersey view Road in Lodi, N.J., at the Rochelle Street to junction Straight Street, then Highway 17 to junction Interstate High­ Park, N.J., boundary line, over Riverview. over Straight Street to junction Market way 80 access road, then over Interstate Road to junction Interstate Highway 80 Street, then over Market Street to junc­ Highway 80 access road to Interstate access road, then over Interstate High­ tion Lakeview Avenue, then over Lake- Highway 80 in Hackensack, N.J., and way 80 access road to Interstate High view Avenue to Junction New Jersey return over the same routes using Inter­ way 80 in Lodi, N.J., and return over the Highway 20, then over New Jersey High­ state Highway 80 exit road, at New same routes to Rochelle Park, N.J., at way 20 to junction Interstate Highway 80 Jersey Highway 17, serving no inter­ the Lodi, N.J.-Rochelle Park, N.J., access road, then over Interstate Highway mediate points; (4) Between Hacken­ boundary line using Interstate Highway 80 access road to junction Interstate sack, N.J., and South Hackensack, N.J.; 80 exit road at Riverview Road in Lodi, Highway 80 in Paterson, N.J., and return (A) Prom junction Mercer Street and N.J., serving all intermediate points; (7) from Interstate Highway 80 over Inter­ State Street in Hackensack, N.J., over Between Rochelle Park, N.J., and Lodi, state Highway 80 exit road at Madison State Street to junction South State N.J.; from junction of Passaic Street and Avenue, then over Interstate Highway 80 Street, then over South State Street to Rochelle Avenue in Rochelle Park, N.J„ exit road to junction Madison Avenue, junction Huyler Street in South Hacken­ over Rochelle Avenue to junction Essex then over Madison Avenue to junction sack, then over Huyler Street to junction Street, then over Essex Street to junc­ 16th Avenue, then over 16th Avenue to North Street in Teterboro, N.J., then over tion Riverview Avenue at the Rochelle junction Market Street, then over Mar­ North Street to junction Interstate Park, N.J., and Lodi, N.J., boundary line ket Street to junction Church Street, Highway 80 access road, then over Inter­ then over Riverview Avenue to junction serving all intermediate points; and (C) state Highway 80 access road to Inter­ Interstate Highway 80 access road, then from junction of Main Avenue and Madi­ state Highway 80 in South Hackensack, over Interstate Highway 80 access road son Avenue in Paterson, N.J., over Madi­ N.J., and on return Interstate Highway to junction Interstate Highway 80 in son Avenue to junction Interstate High­ 80 exit road at Wesley Street in South Lodi, N.J., and return over the same way 80 access road, then over Interstate Hackensack, N.J., to junction Wesley routes, using Interstate Highway 80 exit Highway 80 in Paterson, N.J., and return Street, then over Wesley Street to junc­ road at Riverview Avenue, serving all over the same routes, serving all inter­ tion Huyler Street in South Hackensack, intermediate points; (8) Between Fair- mediate points; and N.J., then over Huyler Street to junction lawn, N.J., and Saddle Brook, N.J.; from (11) Between Paterson, N.J., and New South State Street in Hackensack, N.J., junction Plaza Road and Broadway in York, N.Y.; (A ) from-Paterson, N.J., over then over South State Street to State Fairlawn, N.J., then over Broadway to Interstate Highway 80 in Paterson, N.J., Street, then over State Street to Center junction Midland Avenue, then over Mid­ to junction Interstate Highway 95 at the Street in Hackensack, N.J., serving all land Avenue to junction Pehle Avenue, Teaneck, N.J., and Ridgefield Park intermediate points; and (B) from junc­ then over Pehle Avenue to junction boundary line, then over Interstate High­ tion of Mercer Street and State Street Interstate Highway 80 access road, then way 95 and the George Washington in Hackensack, N.J., over State Street to over Interstate Highway 80 access road Bridge to New York, NY,, serving the junction South State Street, then over to Interstate Highway 80 in Saddle intermediate point of Fort Lee, N.J., and South State Street to junction Huyler Brook, N.J., and return over the same for purpose of joinder to the proposed Street in South Hackensack, N.J., then routes using Interstate Highway 80 exit routes described herein before in para­ over Huyler Street to junction Lemming road at Pehle Avenue, serving all inter­ graphs 1 to 10, serving the intermedi­ Street, then over Leunning Street to mediate points; ate points of Saddle Brook, Rochelle junction Green Street in South Hacken­ (9) Between Paterson, N.J., and Lodi, Park, Lodi, Hackensack, South Hacken­ sack, N.J., and Hackensack, N.J., then N.J.; from junction Broadway and 30th sack, and Teaneck; and (B) from Pater­ over Green Street to junction North Street in Paterson, N.J., over Broadway to son, N.J., over Interstate Highway 80 in street, then over North Street to junc­ junction Boulevard in East Paterson, Paterson, N.J. to junction Interstate tion Interstate Highway 80 access road, then over Boulevard to junction Market Highway 80 exit road, then over Inter­ then over Interstate Highway 80 access Street, then over Market Street to junc­ state Highway 80 exit road to junction road to Interstate Highway 80 in South tion Essex Street, then over Essex Street Interstate Highway 95 access road at the Hackensack, N.J., and return over Inter­ to junction Riverview Avenue, then over Teaneck, N.J., and Ridgefield Park, N.J., state Highway 80 exit road at Wesley Riverview Avenue to junction Interstate boundary line, then over Interstate High­ street in South Hackensack, N.J., to Highway 80 access road, then over Inter­ way 95 access road to junction Inter­ junction Wesley Street in Hackensack, state Highway 80 access road to Inter­ state Highway 95, then over Interstate •J., then over Wesley Street to junction state Highway 80 in Lodi, N.J., and return Highway 95 to junction Interstate High­ ween Street in South Hackensack, N.J., over the same routes using Interstate way 95 exit road in Ridgefield Park, N.J., Hasbrouck Heights, N.J.; then over Highway 80 exit road at Riverview Ave­ then over Interstate Highway 95 exit road Green Street to junction Leunning to junction New Jersey Turnpike access nue, serving all intermediate points; (10) road, then over New Jersey Turnpike treet, then over Leunning Street to Between Paterson, N.J., and Paterson, access road to junction New Jersey Turn­ junction Huyler Street, then over Huyler N.J.; (A) from junction of Market Street pike, then over New Jersey Turnpike to

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21644 NOTICES junction New Jersey Turnpike exit road Connector and Interstate Highway 26, requests it be held at St. Petersburg or in Secaucus, N.J., then over New Jersey from the junction of Interstate Highway Tampa, Fla. Turnpike exit road to Interstate Highway 26 and North Carolina Highway 108 over No. MC 118848 (Sub-No. 14), filed 495, also known as New Jersey Highway North Carolina Highway 108 to junction October 8, 1971. Applicant: DOMENICO 3, in North Bergen, N.J., also over New North Carolina Secondary Highway 1121, BUS SERVICE, INC., 75 New Hook Ac­ Jersey Turnpike exit road in Secaucus, thence over North Carolina Secondary cess Road, Bayonne, NJ 07102. Appli­ N.J., to junction Paterson Road, then Highway 1121 to junction U.S. Highway cant’s representative: Charles J. Wil­ over Paterson Road to Interstate High­ 176, thence over U.S. Highway 176 to liams, 47 Lincoln Park, Newark, NJ way 495, also known as New Jersey High­ junction Interstate Highway 26 Connec­ 07102. Authority sought to operate as a way 3, in North Bergen, N.J., then over tor, thence over Interstate Highway 26 common carrier, by motor vehicle, over Interstate Highway 495, also known as Connector to junction Interstate High­ regular routes, transporting: Passengers New Jersey Highway 3, to New York, way 26 and return over the same route, / and their baggage, in the same vehicle N.Y., via the Lincoln Tunnel, and return serving no intermediate points but serv­ with passengers, between the Borough over the same routes, using the New ing the termini for the purpose of joinder of Richmond (Staten Island), N.Y., and Jersey Turnpike access road in North only; (3) between Hendersonville, N.C., the Borough of Manhattan, N.Y., serving Bergen, N.J., and its exit road in Ridge­ and the junction of U.S. Highway 64 and all intermediate points (except those in field Park, N.J., and Interstate Highway Interstate Highway 26, from Henderson­ New Jersey and those in Port Richmond, 95 access road in Ridgefield Park, N.J., ville, N.C., over U.S. Highway 64 to the (Staten Island), N.Y.: From junction and its exit road and Interstate Highway junction of Interstate Highway 26 and Barrett Avenue and Forest Avenue in 80 access road at the Ridgefield Park, return over the same route, serving no West New Brighton, Staten Island, N.Y., N.J., and Teaneck, N.J., boundary line, intermediate points but serving the junc­ over Forest Avenue to access roads to the serving the intermediate points of Se­ tion of U.S. Highway 64 and Interstate Willow Brook Expressway, thence over caucus, North Bergen, Union City and Highway 26 for the purpose of joinder the Willow Brook Expressway to the Weehawken, N.J., and for purposes of only; and (4) between Hendersonville, Bayonne Bridge, thence over the Bayonne joinder to the proposed routes described N.C., and the junction of U.S. Highway Bridge to Kennedy Boulevard, in Ba­ hereinbefore in paragraphs 1 to 10, 176 and Interstate Highway 26 Connec­ yonne, N.J., thence over North Street to serving the intermediate points of Saddle tor, from Hendersonville, N.C., over U.S. Avenue C, thence over Avenue C to 54th Brook, Rochelle Park, Hackensack, South Highway 25 to junction U.S. Highway Street, thence over 54th Street to Broad­ Hackensack, and Teaneck. N o t e : Appli­ 176, thence over U.S. Highway 176 to way, thence over Broadway to 53d Street, cant states it proposes to join the above- junction Interstate Highway 26 Connec­ thence over 53d Street to Interchange described proposed routes to all of its ex­ tor and return over the same route, serv­ 14A of the New Jersey Turnpike, thence isting routes in Docket MC 668 and sub ing no intermediate points but serving over the New Jersey Turnpike to Inter­ numbers thereunder and to provide serv­ the junction of U.S. Highway 176 and change 14C of the New Jersey Turnpike, ice between all points on such routes and Interstate Highway 26 Connector for the in Jersey City, N.J., thence exit roads to New York, N.Y., via the George Wash­ purpose of joinder only. Restriction: No 12th Street (also known as Entrance ington Bridge and the Lincoln Tunnel passenger may be carried whose entire Plaza), thence over 12th Street to the and requests lifting of its existing restric­ trip is between Asheville, N.C., on the Holland Tunnel, thence through the tions on New Jersey Highway 17 to permit one hand, and Spartanburg, S.C., Gas­ Holland Tunnel to Manhattan, N.Y., and joinder at the junction of routes 80 and tonia, N.C., and Charlotte, N.C., on the return over the same route (except (1) 17 in Hackensack, N.J. Specifically, points other, or between Hendersonville, N.C., that on return on leaving the Holland which the applicant proposes to serve via on the one hand, and, Spartanburg, S.C., Tunnel operations will be conducted over the proposed routes are Oakland, Frank­ Gastonia, N.C., and Charlotte, N.C., on 14th Street (also known as Exit Plaza) lin Lakes, Wyckoff, Paterson, East Pater­ the other, or reverse. N o t e : Common to Interchange 14C of the New Jersey son, Midland Park, Ridgewood, Hohokus, control may be involved. If a hearing is Turnpike, (2) that on leaving the New Glen Rock, Hawthorne, Fair Lawn, Para- deemed necessary, applicant requests it Jersey Turnpike at 14 A, in Bayonne, mus, River Edge, Saddle Brook, Rochelle be held at Charlotte, N.C. N.J., operations will be conducted over Park, Maywood, Hackensack, Hasbrouck No. MC 85819 (Sub-No. 5), filed Oc­ 53d Street to Broadway, thence over Heights, Bogota, and Teaneck, N.J. Com­ Broadway to 55th Street, thence over mon control may be involved. I f a hearing tober 12, 1971. Applicant: GULF COAST MOTOR LINES, INC., 105 South Myrtle 55th Street to Avenue C, and (3) that is deemed necessary, applicant requests on leaving Willow Brook Expressway in it be held at Newark, N.J. Avenue, Clearwater, FL 33516. Appli­ cant’s representative: S. Harrison Hahn' Staten Island, N.Y., operations will be No. MC 1515 (Sub-No. 170), filed Oc­ Suite 733, Investment Building, Wash­ conducted over exit roads to Forest Ave­ nue in Port Richmond, Staten Island, tober 15, 1971' Applicant: GREYHOUND ington, D.C. 20005. Authority sought to LINES, INC., 1400 West Third Street, operate as a common carrier, by motor N.Y., subject to the restriction that pas­ sengers shall be transported only be­ Cleveland, OH 44113. Applicant’s rep­ vehicle, over irregular routes, transport­ resentative: Barrett Elkins (same ad­ tween Staten Island, N.Y., on the one ing: (a) Passengers and their baggage, hand, and, on the other, Manhattan, dress as above). Authority sought to in round-trip charter operations and in N .Y .). N o te : Applicant states that it pro­ operate as a common carrier, by motor round-trip sightseeing and pleasure vehicle, over regular routes, transport­ poses to tack the authority sought with tours, beginning and ending at points in its existing authority in lead docket No. ing: Passengers and their baggage and Pinellas, Hillsborough, Pasco, Hernando, express and newspapers ip the same ve­ 118848 Sub 4, and subs thereto, so as to Sumpter, Lake, and Orange Counties, provide service between Staten Island, hicle with passengers, (1) between Fla., and extending to points in the Spartanburg, S.C., and Asheville, N.C., N.Y., and Manhattan, N.Y., via the above United States (except Hawaii) and (b) described route. I f a hearing is deemed from Spartanburg, S.C., over U.S. High­ passengers and their baggage in charter way 176 to junction of Interstate High­ necessary, applicant requests it be held operations from points on the applicant’s at Newark, N.J., or New York, N.Y. way 26, thence over Interstate Highway regular routes in Florida to points in the 26 to the junction of North Carolina United States (except Hawaii) and re­ A p p l ic a t io n for W ater C arrier Highway 191 and Interstate Highway 40, turn, to W it: (1) Between Weeki Wachee No. W-586 (Sub-No. 4) (PUGET thence over North Carolina Highway 191 and St. Petersburg, Fla., serving all in­ SOUND TUG & BARGE COMPANY— to Asheville, N.C., and return over the termediate points; over U.S. Highway Extension—INTERCOASTAL) (.2), filed same route, serving no intermediate 19 (also over alternate route U.S. High­ October 28, 1971. Applicant: PUG_M points but serving the junction of U.S. way 19) and (2) between Weeki Wachee, SOUND TUG & BARGE C O M P A N Y , a Highway 176 and Interstate Highway 85 Fla., and Orlando, Fla., serving all in­ corporation, 1102 Southwest Massachu­ and the junction of Interstate Highway termediate points; from Weeki Wachee setts Street, Seattle, W A 98134. Apph" 26 and Interstate Highway 40 for the over Florida Highway 50 to Orlando and cant’s representative: John Cuimins- purpose of joinder only; (2) between ham, Tower Building, 1401 K Street NW-. the junction of Interstate Highway 26 return over the same route. N ote : Com­ Washington, DC 20005. By application and North Carolina Highway 108 and mon control may be involved. If a hear­ the junction of Interstate Highway 26 ing is deemed necessary, applicant filed October 28, 1971, applicant seeks

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21645

revision of certificate (No. W-586) to ASSIGNMENT OF HEARINGS MC 83539 Sub 317, C & H Transportation, now cover the following proposed changes in assigned December 17, 1971, at Atlanta, Ga., service: Operation as a common carrier N o v e m b e r 8, 1971. will be held in Room 305, 1252 West Peach­ by water, in interstate or foreign com­ Cases assigned for hearing, postpone­ tree Street NW. merce, by towing vessels in the perform­ ment, cancellation or oral argument ap­ MC 11207 Sub 309, Deaton, Inc., now assigned ance of towage and by non-self-propelled December 13, 1971, at Atlanta, Ga., will be pear below and will be published only held in Room 305, 1252 West Peachtree vessels with the use of separate towing once. This list contains prospective as­ Street NW. vessels in the transportation of com­ signments only and does not include MC-C-7566, W. T. Mayfield, Sons Trucking, modities exceeding 19 feet in height, 12 cases previously assigned hearing dates. now assigned December 16, 1971, at Atlanta,’ feet in width, 90 feet in length or 100 The hearings will be on the issues as Ga., will be held in Room 305, 1252 West tons in weight, component parts thereof, presently reflected In the Official Docket Peachtree Street NW. and related equipment, between ports of the Commission. An attempt will be MC 98952 Sub 25, General Transfer Co., now and points on the Atlantic and Gulf of assigned November 10, 1971, at Indian­ made to publish notices of cancellation apolis, Ind., is postponed indefinitely. Mexico coasts and tributary waterways, of hearings as promptly as possible, but MC 51146 Sub 209, Schneider Transport & on the one hand, and, on the other, ports Storage, Inc., assigned January 24, 1972, at and points along the Pacific Coast and interested parties should take appropri­ Chicago, HI. tributary waterways. ate steps to insure that they are notified MC 107295 Sub 505, Pre-Fab Transit, assigned of cancellation or postponements of hear­ January 28, 1972, at Chicago, HI. A p p l ic a t io n for F r e ig h t F o r w arder ings in which they are interested. MC 119619 Sub 50, Distributors Service Co , No. FF-260 (Sub-No. 3) TRIPLE R assigned February 1 , 1972, at Chicago, HI. TRUCKING COMPANY, INC.—EXTEN­ MC 73688 Sub 45, Southern Trucking Corp., MC 126346 Sub 9, Haupt Contract Carriers, assigned January 17, 1972, at Kansas City, Hie., assigned January 26, 1972, at Chicago, SION—MAINE, filed October 27, 1971. Mo., in a bearing room to be later desig­ Applicant: TRIPLE R TRUCKING nated. COMPANY, INC., 101 Flamingo Street, MC 111231 Sub 169, Jones Truck Lines, Inc., [ s e a l ] R obert L . O s w a l d , Atlantic Beach, N Y 11509. Applicant’s assigned January 17, 1972, at Kansas City, Secretary. Mo. representative: Morris Honig, 150 Broad­ [FR Doc.71-16495 F «e d 11-10-71;8:50 am ] way, New York, NY 10038. Authority MC 111729 Sub 319, American Courier Corp., assigned January 13, 1972, at Kansas City, sought under section 410, Part IV of the Mo. Interstate Commerce Act, for a permit, MC 119493 Sub 65, Monkem Co., Inc., as­ FOURTH SECTION APPLICATIONS FOR to extend operation as a freight for­ signed January 17, 1972, at Kansas City, RELIEF warder, in interstate or foreign com­ Mo. merce, through the use of the facilities MC 134966 Sub 1, Clear Water Truck Co., N o v e m b e r 8, 1971. of common carriers by motor vehicle Inc., assigned January 1 1 , 1972, at Kansas Protests to the granting of an applica­ in the transportation of: Baggage and City, Mo. tion must be prepared in accordance with personal effects of campers, between New MC - 120098 Sub 19, Uintah Freightways, as­ Rule 1100.40 of the general rules of prac­ signed November 8, 1971, cancelled and York, N.Y., and points in Nassau, Suffolk, application dismissed. tice (49 CFR 1100.40) and filed within 15 Westchester, and Rockland Counties, MC 116947 Sub 16, Hugh H. Scott, doing days from the date of publication of this N.Y.; and Bergen Essex, Passaic, Union, business as Scott Transfer Co., and MC notice in the F ederal R eg ist e r . Hudson, Mercer,“ Monmouth, Ocean, 126276 Sub 45, Fast Motor Service, Inc., L o n g - a n d -S h o r t H a u l Burlington, Camden, Gloucester, Salem, assigned January 10, 1972, in Room 309, and Atlantic Counties, N.J.; Bucks, Ches­ 1252 West Peachtree Street NWr, Altanta, FSA No. 42299— Soda ash to Freeport, ter, Montgomery, and Philadelphia GA. Tex. Filed by Southwestern Freight Bu­ Counties, Pa.; Fairfield, New Haven, MC 115496 Sub 13, Lumber Transport, Inc., reau, agent (No. B-264), for interested assigned January 11, 1972, in Room 309, rail carriers. Rates on soda ash, in bulk Hartford Counties, Conn.; Baltimore 1252 West Peachtree Street NW„ Atlanta, County, Md.; Washington, D.C., New GA. in covered hopper cars, as described in Castle and Kent Counties, Del., and Fair­ MC 135425 Sub 1, Cycles, Limited, assigned the application, from Alchem, Stauffer, fax County, Va., on the one hand, and, on January 12, 1972, in Room 309, 1252 West and Westvaco, Wyo., to Freeport, Tex. the other, points in Maine, New Hamp­ Peachtree Street NW„ Atlanta, GA. Grounds for relief—Rate relationship. shire, and Vermont. MC 133937 Sub 8, Carolina Cartage Co., Inc., assigned January 13, 1972,.in Room 309, Tariff—Supplement 106 to Southwest­ No. FF-341 (Sub-No. 3) INTERMOUN­ 1252 West Peachtree Street NW„ Atlanta, ern Freight Bureau, agent, tariff ICC TAIN FAST FREIGHT— E X T E N S IO N - GA. 4832. Rates are published to become effec­ WESTERN STATES, filed October 27, MC—F—11187, Motek Corp.— Control— C. S. I., tive on December 13, 1971. 1971. Applicant: INTERMOUNTAIN Inc., assigned November 1 1 , 1971, canceled and transferred to Modified procedure. By the Commission. PAST FREIGHT, 1426 East Fourth MC 114239 Sub 26, Farris Truck Line, assigned [ s e a l ] R o ber t L. O s w a l d , Street, Los Angeles, CA. Applicant’s January 10, 1972, at Kansas City, Mo. representative: Martin J. Rosen, 140 MC 59680 Sub 190, Strickland Transportation Secretary. Montgomery Street, San Francisco, CA Co., assigned November 29, 1971, at W ash­ [FR Doc.71-16494 Filed 11-10-71;8:50 am] 94104. Authority sought under section ington, D.C., is postponed indefinitely. 410, Part IV of the Interstate Commerce MC 40915 Sub 46, Boat Transit, Inc., assigned Act, for a permit to extend operation as December 1 , 1971, is postponed to January [Notice 780] 26, also at Washington, D.C., at the Offices height forwarder, in interstate or for- of the Interstate Commerce Commission. MOTOR CARRIER TRANSFER ®ign commerce, through use of the faci- MC 134928, Donald L. Myers doing business as PROCEEDINGS nties of common carriers by railroad, ex­ L & D Cartage, now being assigned hearing press, water and motor vehicle in the January 17, 1972, in Room 309, 1252 West N o vem ber 8, 1971. anspdrtation of: General commodities, Peachtree Street NW., Atlanta, GA. Synopses of orders entered pursuant v tWeen Points in Alaska, Arizona, Ar- MC—F—11133, MC 128944 Sub 9, Reliable Truck to section 212(b) of the Interstate Com­ Lines MC—F—11134, MC 55889 Sub 39, Cooper TH^as’-r,1Cal^fornia> Colorado, Hawaii, Transfer Co., MC-F-11143, MC 11220 Sub merce Act, and rules and regulations Bhnois, Towa, Kansas, Louisiana, 123, Gordon Transport, MC-F-11150, MC prescribed thereunder (49 CFR Part No ^Sota’ Missouri, Montana, Nebraska, 59583 Sub 130, The Mason & Dixon Lines, 1132), appear below: Nevada, New Mexico, North Dakota, now assigned December 6, 1971, at Mont­ As provided in the Commission’s spe­ n^ah0I^a’ ° reS°n, South Dakota, Ten- gomery, Ala., will be held in the GSA Con­ cial rules of practice any interested per­ oe. Texas, Utah, Washington, and ference Room, 2d Floor Aronov Building. son may file a petition seeking recon­ Wyoming. MC 107839 Sub 146, Denver-Albuquerque Motor Transport, now assigned December sideration of the following numbered pro­ ^ th® Commission. 14, 1971, at Atlanta, Ga., will be held in ceedings within 20 days from the date Room 305, 1252 West Peachtree Street NW. of publication of this notice. Pursuant to [seal] R o bert L . O s w a l d , MC 107515 Sub. 752, Refrigerated Transport Secretary. now assigned December 15, 1971, at Atlanta, section 17 (b) of the Interstate Commerce Ga., will be held in Room 305, 1252 West [FR Doc.7l-i6405 Filed 11-10-71;8:45 am] Act, the filing of such a petition will Peachtree Street NW. postpone the effective date of the order

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21646 NOTICES in that proceeding pending its disposi­ the Commission, Motor Carrier Board, New Castle, Pa., of certificate Nos. MC- tion. The matters relied upon by peti­ by order entered July 22, 1971, authoriz­ 113709 (Sub-No. 1) and MC-113709 tioners must be specified in their peti­ ing the transportation of general com­ (Sub-No. 3), issued February 11,1955 and tions with particularity. modities, with exceptions, and specified September 9, 1970, to W. D. Rubright commodities between specified points and Co., a corporation, Zelienople, Pa., au­ No. MC—PC-73090. By order of Novem­ areas in Colorado and New Mexico. Rob­ thorizing the transportation of: Com ber 2, 1971, the Motor Carrier Board ert R. Digby, 217 Luhrs Tower, Phoenix, syrup and condensed milk, in bulk, in approved the transfer to Super-Rite AZ 85003, attorney for applicants. tank vehicles, from Pittsburgh and Freightways, Inc., a corporation, Rock Titusville, Pa., to points in West Vir­ Island, HI., of the operatihg rights in No. MC-FC-73250. By order of Novem­ ginia, New York and Ohio. Jerome Solo­ Certificate No. MC-6806, issued March 17, ber 2, 1971, the Motor Carrier Board ap­ mon, attorney, 1020 Grant Building, 1947, to W. B. Simmon, Rock Island, 111., proved the transfer to Law Express, Inc., Pittsburgh, PA 15219. authorizing the transportation of (1) Los Angeles, Calif., of a portion of Cer­ No. MC-FC-73267. By order of Novem­ walnut logs, from points in'Scott County, tificate of Registration No. MC-120058 Iowa, to Rock Island and Mendota, (Sub-No. 2) issued June 1, 1964, to Same ber 3, 1971, the Motor Carrier Board approved the transfer to Paul A. John­ 111.; (2) general commodities with ex­ Day Delivery Service, a corporation, son, Fort Worth, Tex., of the operating ceptions, and excluding household goods Santa Fe Springs, Calif., authorizing the rights in certificates Nos. MC-118130, as defined by the Commission, between transportation of: General commodities, with certain exceptions, between points MC-118130 (Sub-No. 11), MC-118130 points in Illinois and Iowa within 25 (Sub-No. 15), MC-118130 (Sub-No. 18), miles of Rock Island, HI., including Rock in that area of California known as the Los Angeles basin territory. Donald Mur­ MC-118130 (Sub-No. 26), MC-118130 Island; and (3) household goods as de­ (Sub-No. 27), MC-118130 (Sub-No. 31), fined by the Commission, between Rock chison, attorney, 9454 Wilshire Boule­ vard, Beverly Hills, CA 90212. MC-118130 (Sub-No. 34), MC-118130 Island, 111., and points in Illinois and (Sub-No. 47), MC-118130 (Sub-No. 55), Iowa within 25 miles of Rock Island on No. MC-FC-73251. By order of Novem­ MC-118130 (Sub-No. 56), and MC- the one hand, and, on the other, points ber 2, 1971, the Motor Carrier Board ap­ 118130 (Sub-No. 62) issued March 4, in Indiana, Illinois, and Iowa, James T. proved the transfer to Auto Fast Freight, 1965, March 4, 1965, July 25,1966, May 9, Londrigan, Attorney at Law, 620 East Inc., San Bernardino, Calif., of a portion 1966, August 12, 1966, March 31, 1967, Edwards Street, Springfield, IL 62705. of Certificate of Registration No. MC July 8, 1966, November 29, 1966, May 6, No. MC-FC-73220. By order of Novem­ 120058 (Sub-No. 2) issued June 1, 1964, 1968, February 10, 1969, January 8, 1968 ber 2, 1971, the Motor Carrier Board ap­ to Same Day Delivery Service, a corpora­ and July 15, 1971, respectively to Ben proved the transfer to Perdue Incorpo­ tion, Santa Fe Springs, Calif., authoriz­ Hamrick, Inc., Fort Worth, Tex., au­ rated, Salisbury, Md., of Certificate No. ing the transportation of: General com­ thorizing the transportation of various MC-134415 (Sub-No. 2), issued June 8, modities, with certain exceptions, commodities from and to points in Ala­ 1971, to Perdue Foods, Inc., Salisbury, between points in those areas of Califor­ bama, Arkansas, California, Colorado, nia known as the Los Angeles basin ter­ Md., authorizing the transportation of : Florida, Georgia, Idaho, Illinois, Indiana, ritory and the San Diego territory. Passengers, in special operations, from Iowa, Kansas, Kentucky, Louisiana, Donald Murchison, attorney, 9454 W il­ points in Northampton and Accomack Michigan, Minnesota, Mississippi, Mon­ shire Boulevard, Beverly Hills, CA 90212. Counties, Va., to the plant site of Perdue tana, Nebraska, New Mexico, North Foods, Inc., at Salisbury, Md., and re­ No. MC-FC-73254. By order of No­ Dakota, Ohio, Oklahoma, Oregon, South turn, A1 Lynch, Perdue Incorporated Box vember 2, 1971, the Motor Carrier Board Dakota, Tennessee, Texas, Utah, Wash­ 21, Accomac, Va., representative for ap­ approved the transfer to Pat’s Van Lines, ington, West Virginia, Wisconsin, and plicants. Inc., Kansas City, Mo„ of that portion Wyoming. Lawrence A. Winkle, 2005 One of certificate No. MC-129385 (Sub-No. Elm Place, Dallas, T X 75250, attorney for No. MC-FC-73236. By order of Novem­ 1), issued July 9, 1971, to American applicants. ber 3,1971, the Motor Carrier Board ap­ Freight Lines, Inc., Kansas City, Mo., au­ proved the transfer to Earo, Inc., Fort [ s e a l ] R o ber t L. O sw a ld , thorizing the transportation of: House­ Secretary. Meade, Fla., of Certificate No. MC- hold goods, between Polo, Mo., and points 134411, issued August 20, 1970, to Honey within 20 miles of Polo, Mo., on the one [P R Doc.71-16493;Piled 11-10-71;8:50 am] Transport, Inc., Eustis, Fla. authorizing hand, and, on the other, points in Iowa the transportation o f: Canned citrus and Kansas. Donald J. Quinn, Suite 900, [No. 35416] products, canned juices, canned bever­ 1012 Baltimore Avenue, Kansas City, Mo. ages, and canned beverage preparations, 64105, attorney for applicants. DETENTION RULES from the plantsite of Tropicana Products Sales, Inc., at Bradenton, Fla., to points No. MC-FC-73261. By order of Novem­ Petition for Interpretation in Kentucky, Ohio, Indiana, Michigan, ber 2, 1971, the Motor Carrier Board ap­ O ctober 29, 1971. Tennessee, West Virginia, Pennsylvania, proved the transfer to Gary Skoug, doing Virginia, Maryland, and the District of business as Skoug Trucking, Gilmanton, Notice is hereby given that Hermann Columbia, restricted to the transporta­ Wis., of the operating rights in certifi­ Forwarding Co. and The Goodyear Tire & tion of traffic originating at the above- cate No. MC—102903 issued April 29, 1970, Rubber Co. filed a joint petition on May named origin point and destined to the to Jeffrey M. Reglin, Alma, Wis., author­ 4, 1971, seeking a determination, upon above-named destination points and fur­ izing the transportation of animal and the facts presented therein, of the apph* ther restricted against the transporta­ poultry feed, and seed, from Minneapolis, cability of the detention rules published tion of commodities in bulk. Frank L. St. Paul, South St. Paul, Newport, Hast­ in items 50 and 530-14B, Supplement 2b, Kunberger, 40 Langford Street, Fort ings, Red Wing, Lake City, and Wabasha, Middle Atlantic Conference Tariff 10-u, Meade, FL 33841 and William P. Jack- Minn., to points in the towns of Max- MF-ICC No. A-2081,1 to less-than-truck- son, Jr., 919 18th Street NW., Washing­ ville, Nelson, Modena, and Alma, in Buf­ load (L T D pool truck distribution ship­ ton, DC 20006, attorney for applicants. falo County, Wis.; and livestock and un­ ments handled by Hermann for Good­ processed agricultural commodities, be­ year at North Brunswick, N.J. No. MC—FC-73246. By order of Novem­ tween South St. Paul, Newport, Hastings, As here pertinent, item 50 provides. ber 3, 1971 the Motor Carrier Board ap­ Red Wing, Lake City, and Wabasha, proved the transfer to Riteway Trans­ This item applies when carriers’ vehicles Minn., on the one hand, and, on the (Note A) are delayed or detained at premi port, Inc., Phoenix, Ariz., of the operat­ other, points in the above-specified Wis­ ing rights in Certificate No. MC-134350 consin towns. A. R. Fowler, registered issued February 22, 1971, to System practitioner, 2288 University Avenue, St. 1 The detention rules published under i Transport Corp., Phoenix, Ariz., and MC- Paul, MN 55114, representative for 0, which relates to truckload traffic, w _ 134350 (Sub-No. 2) issued June 24, 1969 applicants. rescribed by the Commission in Detenu in the name of Riteway Transport, Inc., f Motor Vehicles— Middle Atiantic an“ Phoenix, Ariz., in No. MC-1334 (Sub-No. No. MC-FC-73265. By order of Novem­ Ingland, 325 ICC 336 (1965). The detention 7) and acquired by transferor herein ber 2, 1971, the Motor Carrier Board ap­ ules published under item 530-14B apply pursuant to MC-FC-72825, approved by proved the transfer to Robert N. George, sss-than-truckload traffic.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 NOTICES 21647 of consignor, consignee, or other places desig­ North Brunswick facility while sorting A copy of this notice will be served nated by consignor, consignee, subject to the and loading the freight in such a manner following provisions: upon the petitioners; and notice of the Sec. 1. General Provisions: as to permit each lot to be unloaded in a filing of this petition will be given to the (a) This item applies only to vehicles reverse sequence upon delivery to numer­ general public by depositing a copy of which have been ordered or used to transport ous consignees; (4) that this sorting and this notice in the office of the Secretary shipments subject to truckload rates. If the rehandling service would otherwise have of the Commission at Washington, D.C„ shipment is moving on a rate subject to a to be performed at Hermann’s terminals and by filing a copy with the Director, stated minimum weight of 12,000 pounds or at North Brunswick or Pennsauken at a Office of - the -Federal Register, for pub­ more; and such rate is not designated as a considerably greater expense; (5) that lication therein. truckload rate, it will be considered a truck- load rate for the purpose of applying this upon investigating detention practices at Any person interested in any of the item. Goodyear’s facility, the Commission’s matters in the petition, and desiring to (b) This item applies only when vehicles field representative instructed Hermann participate in any further proceedings are delayed or detained at the places of pick­ that with respect to L T L shipments ac­ may, on or before 30 days from the date up or delivery and only when such delay or corded commodity rates under pool truck of publication of this notice in the F ed­ detention is attributable to consignor, con­ distribution privileges, detention charges eral R e g ist e r , file replies to the petition signee, or others designated by them. were applicable under tariff item 50 for indicating whether they support or (c) Free time for each vehicle will be as all detention time in excess of the tariff provided in sec. 3. oppose the determination sought. An free time allowance and that Goodyear original and 15 Gopies of such replies (d) After the expiration of free time as should be billed for such detention; and herein provided, charges as provided in sec. must be filed with the Office of Proceed­ 4 will be assessed against the shipment. (6) that Hermann reluctantly complied ings of this Commission (Room 5354) with those instructions. and must show service of two copies In support of the request, petitioners Petitioners take the position that un­ thereof upon petitioners’ attorney, Max­ aver (1) that Hermann, a motor common der section 1(b) of item 50, as heretofore well A. Howell, 1120 Investment Building, carrier, picks up less-than-truckload quoted, no detention charges are appli­ 1511 K Street NW., Washington, D.C. (LTL) shipments of motor vehicle tires cable since the above facts clearly indi­ 20005. Thereafter, the nature of further and tire materials at Goodyear’s distri­ cate that any delay or detention of car­ proceedings herein, if any, will be desig­ bution center at North Brunswick, N.J., rier’s equipment is not attributable to for peddle delivery at various points consignor Goodyear, or any of the con­ nated. The petition and written material served by Hermann’s terminal at Penn- signees or any others designated by then, or suggestions submitted will be available sauken, N.J., (2) that since most of these and that the delay is attributable to Her­ for public inspection at the offices of the shipments weight 12,000 pounds or more, mann’s efforts to avoid unnecessary han­ Interstate Commerce Commission, 12th they move part of the way at truckload dling of freight. Petitioners therefor and Constitution Avenue NW., Washing­ rates as provided under pool truck dis­ request the Commission to enter an order ton, D.C., during regular business hours. tribution privileges; (3) that in order to formally resolving the conflicting inter­ avoid unnecessary terminal h an dlin g pretations with respect to the application [ s e a l ] R o bert L. O s w a l d , expense, the driver remains with his line- of detention charges upon the facts re­ Secretary. haul tractor and trailer at Goodyear’s cited in the petition. IFR Doc.71-16497 Filed 11-10-71 ;8:51 am ]

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21648 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— NOVEMBER

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

Page Page 3 CFR Pae* 9 CFR— Continued 20 CFR P roposed R u l e s : P roposed R u l e s : P roclamations : 11______21318 404______21360 3279 (amended by Proc. 4092) _ 21397 76______21652 4091 ______- 21329 113______21058 21 CFR 4092 ______21397 309______21414 4093 ______— ------21401 318______20984 ______21587 E x e c u t iv e O r d e r s: 121______21588 130______21026 Nov. 9, 1871 (see PLO 5144)--- 21036 10 CFR 135______21404 July 2, 1910 (revoked in part 50______21579 135a______21404 by PLO 5144)______21036 140______21580 135b______— 21404, 21405 June 16,1911 (revoked in part 135c_____« ______21184, 21404,21452 by PLO 5144)______21036 12 CFR 135e______20938, 21405 Mar. 21,1917 (revoked in part ______21186 21451 135g______by PLO 5144)______21036 i i — _'______146c______21186 Dec. 9,1926 (see PLO 5144) ___ 21036 21403 210— ______146d______21188 11627 (amended by EO 11630) _ 21023 21025 545______146e______21188 11630 ______21023 P roposed R u l e s : 148i______20938 11631 ______21575 269______21212 308______21336 291—______21212 420______21189,21190 5 CFR 545______— 21363 P roposed R u l e s : 20931, 21577 546 ___ — 21066 213______21067 27______20985 230______21180 563______31______20985 13 CFR 148i______20985 7 CFR 191______20985, 20986 120_:______21332 311 ______21057 20______21577 121______21183 312 ______21057 601______21403 777______21256 14 CFR 22 CFR 796------______21277 ______21277 23______— ______21278 42______— 20939 815...... 25______21278 874______21449 121______20939 ______21403 27 ______21278 123______— 20940 906 ______29______21278 907 ______21119, 21577 124 ______20940 21119, 21578 39______21279, 21581 125 _ !_____ 20941 908 ______65 * ______21280 910______.20932, 21331 ¿, 126 ______;______20942 912 ______21331 71— 1— ______21029, 201______21190 ______21331 21030, 21182, 21280-21282, 21403, 913 ______21582-21584 926______21025 24 CFR ______21449 75___ — ______21030, 21584-21586 966______97 ______;______21282 1914______20942, 21408, 21589 1036______21578 1915 ______20943, 21409, 21590 ______21450 103— ______21183 1890p______— 241______20933 P roposed R u l e s : P roposed R u l e s : 1710______21043 _____ 21208 P roposed R u l e s : 724______39- ______21064, 21210 780______- ______21291 26 CFR _____ 21522 47 21414 913______71 21064, ______20944 928 ______20980 929 ______21411 21065, 21211, 21293, 21415, 21416, P roposed R u l e s : 932______21059 21600, 21601 1— 20980, 21057, 21206, 21207, 21291 982______21411 225______21601 984______21291 245— _____ 21361 28 CFR 989______20981, 21599 1245______21068 50 _ 21028 1030______20981, 21413 1049______20981 16 CFR 29 CFR 1464______21209 13 __ 21586 55______— 21282,21337 1701______21522 251______21517 410______21518 30 CFR 21405 8 CFR P roposed R u l e s : 214------21277 436______- ______21607 P roposed R u l e s : 21610 270 9 CFR 17 CFR 76______20932, 21181 240______—— 21178 31 CFR 21338 92______,___ 20932 249______— 21178 101------— ______21579 P roposed R u l e s : 102______21579 240______— ______21525 32 CFR 112______21579 21120 113 ______21579 19 CFR 114 ______21579 1 21335 3 ____ 117______21579 4 21025 120 - ______21579 5 132______21579 16 21336 FEDERAL REGISTER 21649

32 CFR— Continued Pas« 36 CFR Page 4 5 CFR Page 6______-1____ 21136 7______20945 7 ______21139 213------21520 8 ______21152 38 CFR 249 ------21409, 21591 9 - 21152 250 ------21591 3----- 20945 10 ------21153 801------20949 11 ------21153 17------21030 P roposed R u l e s : 12 - 2115321------21406 13 ------21159 170------21600 14 ------21160 41 CFR 15 ------1-16------21161 ------21453 4 6 CFR 16 ------211675A-2------;------21406 17 ------21168 2------21196 5B-2------21407 146------21196, 21284 18 ------21168 5B-18------21407 19------9-4------21169 21191 P roposed R u l e s : 22__------:------21169 14-1------!------20946 542— ------21524 24------— ____ 21174 14-2------20947 546------21524 25 ------14-3------21174 20947 26 ------21174 I 4“ 6------20947 4 7 CFR 30------21175 14- 7------20947 45------15- 21178 1___------20947 73------21197, 21592 61------15- 3------2119221339 81------20956 65_------21339 18-1------21454 83------20970 78------18-2------21339 - 21469 85------20977 87------:_____21178 18-3------21472 89------21200 141------21339 91------21200 16- 5------21485 93------21200 187------21339 18~6------21485 275------20944 18~7------21486 P roposed R u l e s : 713------21519 18-8------21492 73 ------21066, 21293, 21602 1467------21339 18~9------21496 1806------21178 74 ------20988 18-11------21498 81------21602 Proposed R u l e s : 18-13------21499 83------21602 1600_------21216 18—15______91 cnn 18-16------21501, 21588 1602------21072 4 9 CFR 1603 ------21072 18-26------21504 1604 ------21072, 21216 18-50------21507 171 ------21201 18-51------21508 1606------21216 172 ------21201,21287 1609------21216 18-52------21513 1611— ------21072 }0 1 -n ------— 21031 173 ------21201, 21287, 21339, 21343 1613------21216 101-26------21284 174 ------21201, 21202 1617------21072, 21216 P roposed R u l e s : 175——------21201 1619------— 21216 101-17------21059 177 ------21201, 21202 1621 ------21072, 21216 101-18------21059 178 ------21202, 21287 1622 ------21072 101-20-______21059 179 ------21339, 21343 1623 ------21072 1624 __ 21072 566------20977 1625 _ 21072 42 CFR 571—------:-----21355, 21594 1626 ______21072 P roposed R u l e s : 1033------21203, 21452 1627 _____ 21072 1048------21452 1628 ______21072 52------21292 73------21292 1056------21358 1630 __ 21072 1062------21596 1631 ------21072 1632 ------21072 43 CFR P roposed R u l e s : 1642------21072 4—- ...... ———...... 21284 173------21360 1655------'21072 24------21034 195------21211 1660— ...... 21072, 21294 3100------21035 566------20987 32A CFR P u b l ic L and O r d e r s: 1047 ------21071 OEP (Ch. i ) : 5116------21591 1048 ------21524 ES Reg. l : 5142 ...... 21195 1252------21610 Circ. 25------21598 5143 ------21036 x ------21284 5144 _____ 21036 5 0 CFR 33 CFR P roposed R u l e s : 28------21203 ------21359, 21590 25...... 21207 32 ------21203, 21597 /08-— ------—■___ 21190 3000------21610 33 ------21407, 21520, 21597, 21598 Proposed R u l e s : 3045------21610 260------21037 117------21063 3104------21610 P roposed R u l e s : 199----- 21523 3200------21610 32------21411

LIST OF FEDERAL REGISTER PAGES AND DATES— NOVEMBER

Pages Date Pages Date 20925-21016______Nov. 2 21323-21391______6 21017-21112______3 21393-21442______9 21113-21270______4 21443-21567______10 21271-21321______5 21569-21658.______H

THURSDAY, NOVEMBER 11, 1971 WASHINGTON, D.C.

Volume 36 ■ Number 218

PART II

DEPARTMENT OF AGRICULTURE

Agricultural Research Service

HOG CHOLERA AND OTHER , COMMUNICABLE SWINE DISEASES

Notice of Proposed Rule Making 21652 PROPOSED RULE MAKING (a) Administrator. The Administra­ cific cases by the Director1 as adequate DEPARTMENT OF AGRICULTURE tor of the Animal and Plant Health Serv­ to prevent the spread, of hog cholera. ice, U.S. Department of Agriculture, or (l) State. Any State, Puerto Rico, or Agricultural Research Service any other official of such Service to whom the District of Columbia. (m ) Interstate. From one State into [ 9 CFR Part 76 ] authority has heretofore been delegated or may hereafter be delegated to act in or through any other State. HOG CHOLERA AND OTHER his stead. (n) Quarantined area. A State, or por­ COMMUNICABLE SWINE DISEASES (b) Division. The Animal Health Di­ tion of a State, quarantined under vision, Animal and Plant Health Service, § 76.2(e) because of hog cholera or other Notice of Proposed Rule Making U.S. Department of Agriculture. contagious, infectious, or communicable disease of swine. Notice is hereby given in accordance (c) Director. The Director of the Di­ vision or any other official of the Divi­ (o) Nonquarantined area. Any State, ■with the administrative procedure pro­ or portion of a State, not quarantined visions in 5 U.S.C. 553, that pursuant sion to whom authority has heretofore been delegated or may hereafter be dele­ under this part. to the provisions of the Act of May 29, (p) Person. Any individual, corpora­ 1884, as amended, the Act of February 2, gated to act in his stead. (d) Hog cholera. The. contagious, in-, tion, company, association, firm, partner­ 1903, as amended, the Act of March 3, ship, society, or joint stock company or 1905, as amended, the Act of Septem­ fectious, and communicable disease of swine commonly known as hog cholera. other legal entity. ber 6, 1961, and the Act of July 2, 1962 (q) Moved. Shipped, transported, or (21 U.S.C. 111-113, 114a, 114g, 115, 117, (e) Exposed swine. Any swine that have been in Contact with animals known otherwise moved, or delivered or received 120, 121, 123-126, Ï34b, 134f), the De­ for movement, by any person, by land, partment of Agriculture is considering to be or suspected of being affected with hog cholera; any swine which have been water, or air. revising the .regulations relating to hog (r) Approved livestock market. A cholera and other communicable diseases inoculated with modified live virus vac­ cine after January 1, 1970; any swine stockyard, livestock market, buying sta­ of swine (9 CFR Part- 76) to read as which have been inoculated with any tion, concentration point, or any other follows : premises, under State or Federal vet­ G eneral P rovisions other virulent hog cholera virus at any time; any swine which have been inocu­ erinary supervision where swine are Sec. 76.1 Definitions. lated with killed or inactivated hog chol­ assembled for sale or sale purposes, and 76.2 Notice relating to existence of con­ era virus vaccine other than as provided which has been approved by the Director tagion of hog cholera and other in § 76.1 (w); or any swine which have under § 76.18. swine diseases; prohibition of move­ been in contact with such vaccinates. (s) Nonapproved livestock market. A ment of any hog cholera virus, ex­ (f) Virulent hog cholera virus. The stockyard, livestock market, buying sta­ ceptions; spread of disease through raw garbage; regulations; quaran­ living agent capable of causing hog chol­ tion, concentration point, or any other tines; eradication States; free era found: premises, other than an approved live­ States. (1) In the clear serum, plasma, defi- stock market, where swine are assembled 76.3 General restrictions. brinated blood, whole blood or other tis­ for sale or sale purposes. 76.4 Interstate movement of hog cholera sue derived from pigs affected with hog (t) Recognized slaughtering establish­ virus prohibited, except as provided. cholera; or ment. A slaughtering establishment 76.5 Interstate movement of swine affected (2) In any material used as a medium where State or Federal meat inspection with or exposed to hog cholera. 76.6 Interstate movement of certain swine for perpetuating such living agent; o r. is available. not affected with or exposed to hog (3) In living hog cholera virus vac­ (u) Swine product. Any carcass, part, cholera. cine commonly known as modified live or offal of swine, or product thereof. 76.7 Interstate movement of vaccinated virus vaccine. (v) Special processing. Subjecting a swine. (g) Modified live virus vaccine. A liv­ swine product to heat treatment in ac­ 76.8 Interstate movement of swine from a ing hog cholera virus vaccine produced cordance with the requirements con- quarantined area. from a modified or attenuated strain of ained in § 76.14. 76.9 Interstate movement of swine prod­ hog cholera virus and prepared-under ucts from a quarantined area. (w) Official vaccinates. Swine which 76.10 Movement of swine and swine prod­ license from the Secretary of Agricul­ ,re permanently identified as official vac- ucts from a quarantined area to a ture, issued pursuant to Subchapter E inates; were reported at the time of nonquarantined area of the same of this chapter. accination to the appropriate State or State. (h) Killed or inactivated hog cholera federal agency; have never received om- 76.11 Movement of swine and swine prod­ virus vaccine. A vaccine produced from ial serum prophylaxis; were vaccmatect ucts through quarantined areas. killed or inactivated hog cholera virus igainst hog cholera prior to July 1»1965’ 76.12 Schedules of restrictions and condi­ and prepared under license from the nth a modified live virus hog cholera tions. Secretary of Agriculture, issued pursu­ raccine approved under this part prior 76.13 Interstate movement of specially ant to Subchapter E of this chapter. o July 1, 1969, administered in a000™“ processed swine products. (i) Garbage. Waste consisting in whole 76.14 Special processing of swine products. nice with the recommendations on tne or in part of animal waste, including any raccine label; or were vaccinated prior ro 76.15 Special requirements for interstate animal carcasses or the offal from such movement of swine fed raw garbage lanuary 1, 1970, with a killed or carcasses, or parts thereof, but exclud­ ictivated hog cholera virus vaccine aa- and products from swine fed raw ing waste from ordinary household oper­ garbage. ninistered in accordance with the reco ations which is fed directly to swine on 76.16 Authorization of other movements. nendations on the vaccine label. the same premises where such household 76.17 Serum prophylaxis treatment of (x) Official serum prophylaxis. The swine. is located. noculation of swine with anti-nog- (j ) Raw garbage. Garbage that has not 76.18 Approval of livestock markets. been heated throughout to boiling or cholera serum or hog cholera antiboay 76.30 Cleaning and disinfecting of means of equivalent temperature (usually 212° F. concentrate, as prescribed conveyance. mder the supervision of a Federal at sea level) for 30 minutes, or heated 76.31 Cleaning and disinfecting livestock state veterinary official, with perman markets and other facilities. according to a method approved in spe­ 76.32 Disinfectants to be used. cific cases by the Director1 as adequate to prevent the spread of hog cholera. been so inoculated. G en er al P r o v isio n s (k) Food waste. Edible waiite (for ani­ § 76.1 Definitions. mal use) derived from garbage that has 1 Requests for approval of other *aetho

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 ; PROPOSED RULE MAKING 21653

(y) Farm of origin. A farm where the regulations in this part are deemed Maryland. South Dakota. swine to be shipped interstate were bom necessary in order to more effectually Michigan. Utah. and which has not been used within the 6 prevent, suppress and extirpate such dis­ Montana. Vermont. months prior to such shipment to assem­ eases, to prevent the interstate spread Nebraska. Washington. ble, buy, or sell swine brought in from Nevada. West Virginia. thereof, and to guard against the dissem­ North Dakota. Wisconsin. other sources. ination of diseases from foreign Oregon. Wyoming. (z) Slaughter market. An approved countries. Pennsylvania. District of Columbia. livestock market in a quarantined area, (d) Notice is hereby given that in § 76.3 General restrictions. the approval of which has been sus­ order to effectually suppress and extir­ pended as provided in § 76.18(c), or an pate hog cholera and other contagious, Swine or swine products referred to in approved livestock market at which infectious, and communicable diseases of this part may not be moved interstate swine for sale and shipment for slaughter swine, to prevent the spread and dissemi­ except in accordance with the regulations are handled only on days when no swine nation of the contagion thereof and to in this part. are handled for sale and shipment for protect the livestock of the United States, § 76.4 Interstate movement of hog chol­ feeding or breeding purposes, and which the regulations in this part are promul­ era virus prohibited, except as pro­ is cleaned and disinfected in accordance gated to govern the interstate movement vided. with the requirements of this part, be­ of swine and swine products. Virulent hog cholera virus shall not be fore any swine for feeding or breeding (e) Notice of quarantine. Notice is moved interstate, except that: purposes are handled thereat.2 hereby given that because of the exist­ (a) In specific cases and under such (aa) Eradication state. Any State ence of the contagion of hog cholera in conditions as he may impose to prevent listed in § 76.2(f) of this part. the following areas of the State of Penn­ the interstate spread of hog cholera and (bb) Free state. Any State listed in sylvania and the Commonwealth of to effectuate the hog cholera eradication § 76.2(g) of this part. Puerto Rico, such areas are quarantined program, the Director may authorize the (cc) Division inspector. A veterinarian because of said disease: interstate movement of stated quanti­ or livestock inspector of the Animal and Pennsylvania—Huston Township, Blair ties of virulent hog cholera virus and Plant Health Service, U.S. Department County. modified live hog cholera virus for par­ of Agriculture, authorized to perform the The Commonwealth of Puerto Rico—Entire ticular purposes if he determines that function involved. Commonwealth. such movement will not endanger swine (dd) State inspector. A veterinarian (Additional quarantine area detail will or impair the hog cholera eradication or livestock inspector regularly employed program. When so moved, such virus in animal health activities by a State or be provided in final publication of these proposed amendments.) shall be accompanied by a permit from a political subdivision thereof, author­ the appropriate official of the State of ized by such State or political subdivi­ ( f ) Notice is hereby given that system­ atic procedures have been in effect to destination and a certificate issued by sion to perform the function involved the Animal Health Division, Animal and under a cooperative agreement with the detect and eradicate the disease of hog cholera for more than 3 months in the Plant Health Service, U.S. Department Ü.S. Department of Agriculture. of Agriculture, specifying any conditions (ee) Accredited veterinarian. An ac­ following States; that there is no clinical evidence that the contagion of the dis­ imposed regarding the specific shipment. credited veterinarian as defined in Part (b) In specific cases and under such 160 of this chapter. ease exists within such States, except in primary unrelated instances where the conditions as he may impose to prevent § 76.2 Notice relating to existence of infected herd has been depopulated; and the interstate spread of hog cholera and contagion o f hog cholera and other that such States are hereby designated to effectuate the hog cholera eradica­ swine diseases; prohibition o f move­ as hog cholera eradication States: tion program, the Director of the Veteri­ ment o f any hog cholera virus, excep­ nary Biologies Division or his representa­ Alabama. New Mexico. tions; spread o f disease through raw Arkansas. tive may authorize the interstate move­ garbage; regulations; quarantines; New York. Illinois. North Carolina. ment of stated quantities of virulent hog eradication States ; free States. Indiana. Ohio. cholera virus for export, research, or (a) Notice is hereby given that the Louisiana. Oklahoma. biologies production if he determines that contagion of hog choléra exists in each Massachusetts. Rhode Island. such movement will not endanger swine area specified in paragraph (e) of this Minnesota. South Carolina. or impair the hog cholera eradication Mississippi. Tennessee. program. When so moved for purposes section and that the contagion of hog Missouri. Virginia. cholera and other communicable diseases New Hampshire. Commonwealth of other than export, such virus shall be of swine may exist in each State. New Jersey. Puerto Rico. accompanied by a permit from the ap­ (b) Notice is hereby given that the propriate official of the State of destina­ Administrator has determined that the (g) Notice is hereby given that sys­tion and shall in all cases, including ex­ prohibition of the interstate movement tematic procedures have been in effect to port, be accompanied by a certificate of any hog cholera virus, except as speci­ detect and eradicate the disease , of hog issued by the Director of the Veterinary fied in § 76.4, is necessary in order to ef­ cholera for more than 1 year in the fol­ Biologies Division or his representative fectuate the eradication of hog cholera. lowing States; that a period of more than specifying any such conditions imposed (c) Notice is hereby given that there 1 year has passed Aince there has been regarding the specific shipment. clinical evidence that the contagion of is reason to believe raw garbage is one § 76.5 Interstate movement o f swine of the primary media through which the disease exists within such States, except in primary unrelated instances affected with or exposed to hog the contagion of hog cholera, swine cholera. erysipelas, trichinosis, tuberculosis, and where the infected herd has been depop­ other contagious, infectious, or com­ ulated; and that such States are hereby (a) Swine affected with hog cholera municable diseases of swine is dis­ designated as hog cholera free States: may not be moved interstate for any seminated. Further, there is reason to Provided, That any States which are purpose. believe that if certain foreign diseases, removed from the listing in this para­ (b) Exposed swine (as defined in such as foot-and-mouth disease and graph (g) may requalify for such listing § 76.1(e)) may be moved interstate as African swine fever, gain entrance into when application of systematic proce­ provided in this paragraph (b) from any the United States, the contagion of such dures for 6 consecutive months has not State to a recognized slaughtering estab­ diseases may be spread through the detected clinical evidence of the conta­ lishment for immediate slaughter and medium of raw garbage. Therefore, the gion of hog cholera : special processing in accordance with Alaska. Georgia. Schedule A of § 76.12. Arizona. Hawaii. § 76.6 Interstate movement of certain .In fla tio n concerning slaughter mar- California. Idaho. in oi?arL k® Obtained from the Veterinarian Colorado. swine not affected with or exposed to Iowa. hog cholera. Animal Health Division, Animal Connecticut. Kansas. of . Plant Health Service, U.S. Department Delaware. Kentucky. (a) Swine not known to be affected Agriculture, for the State in question. Florida. Maine. with or exposed to hog cholera, may be

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21654 PROPOSED RULE MAKING area and if they are not known to be § 76.12 Schedules o f restrictions and' moved interstate from any nonquaran- i conditions.3 tined area to a recognized slaughtering affected i with or otherwise exposed to hog establishment for immediate slaughter, cholera < and if they are consigned to a Schedule A or to an approved livestock market for recognized : slaughtering establishment Schedule A applies to the interstate move­ sale for immediate slaughter without for : immediate slaughter. ment of swine for immediate slaughter and special processing as provided in §§ 76.5(b) further restriction under this part. § 76.8 Interstate movement o f swine (b) Swine not known to be affected and 76.15 and requires that: from a quarantined area. 1. The swine must be moved to a recog­ with or exposed to hog cholera, may be Swine may be moved interstate from nized slaughtering establishment for im­ moved interstate from any nonquaran- mediate slaughter and special processing. tined area for feeding and breeding pur­ a quarantined area in accordance with 2. The recognized slaughtering establish­ poses as provided in this paragraph (b ): the provisions of this section. ment must be designated by the Director to (1) From an approved livestock mar­ (a) Exposed swine (as defined in slaughter specific shipments of exposed ket in any State: § 76.1(e)) may be. moved interstate as swine. (1) To an approved livestock market provided in § 76.5(b). 3. The means of conveyance must be sealed (b) Swine not known to be affected during transit with Department seals or ac­ in accordance with Schedule B of § 76.12. companied by a Division representative or (ii) To any point other than a nonap- with or exposed to hog cholera may be moved interstate from a quarantined area a person specifically authorized for the pur­ proved livestock market in accordance • pose by the Director. with Schedule B of § 76.12. as provided in this paragraph only for 4. The seals must not be removed or (2) From a farm of origin in any immediate slaughter or for sale and broken except by an inspector employed by State: shipment for immediate slaughter. Such the Consumer and Marketing Service of the (i) To an approved livestock market swine may be so moved interstate : U.S. Department of Agriculture or other per­ in accordance with Schedule C of § 76.12. (1) From any point other than an ap­ sons specifically authorized for this purpose proved or nonapproved livestock by the Director. (ii) To any point other than a non- 5. The swinë must be accompanied by a approved livestock market in accordance market: certificate of a Division inspector showing with Schedule C of § 76.12. (1) To a recognized slaughtering es­ that the establishment to which the animals (3) From any premises, in any State, tablishment in accordance with Sched­ are consigned has been specifically approved other than a farm of origin or an ap­ ule H of § 76.12. by the Director, that the Inspector has in­ proved or nonapproved livestock market: (ii) To a slaughter market (as defined spected all swine on the premises of origin (i) To an approved livestock market in in § 76.1 (z) ) in accordance with Sched­ within 48 hours of shipment interstate and that the swine are apparently free of hog accordance with Schedule D of § 76.12. ule H of § 76.12. (2) From a slaughter market (as de­ cholera and other contagious, infectious or (ii) To any point other than a non­ communicable diseases. approved livestock market in accordance fined in § 76.1 (z) ) : A with Schedule D of § 76.12. (i) To a recognized slaughtering es­ Schedule B (4) From an approved livestock mar­ tablishment in accordance with Sched­ Schedule B applies to the interstate move­ ket in an eradication or free State which ule H of § 76.12. ment of feeder and breeder swine as provided receives swine only from eradication or in § 76.6(b) (1) and requires that: § 76.9 Interstate movement o f swine 1. The swine must be permanently iden­ free States: products from a quarantined area. tified to the premises of origin by individual (i) To an approved livestock market Swine products not derived from swine ear tag, ear notch, tattoo, or similar individ­ in accordance with Schedule E of § 76.12. ual identification. (ii) To any point other than a non­ affected with or exposed to hog cholera 2. The swine must be inspected by a Divi­ approved livestock market in accordance may be moved interstate from a quaran­ sion or State inspector or an accredited vet­ with Schedule E of § 76.12. tined area if they were produced in a erinarian at the point of origin of the inter­ (5) From a farm of origin in an erad­ federally inspected slaughtering estab­ state shipment immediately prior- to such lishment operating under the provisions shipment, and found to be apparently free of ication or free State: hog cholera and other contagious, infectious (i) To an approved livestock market of the Federal Meat Inspection Act, as amended (21 U.S.C. 601 et seq.) . or communicable diseases. in accordance with Schedule F of § 76.12. 3. The swine must be accompanied by*an (ii) To any point other than a nonap­ § 76.10 Movement o f swine and swine inspection certificate issued by the Division proved livestock market in accordance products from a quarantined area to or State inspector or accredited veterinarian with Schedule F of § 76.12. a nonquarantined area o f the same showing: (6) From any premises in an eradica­ State. (a ) Place and date of issuance. tion or free State, other than a farm (b ) Consignee andjeonsignor. of origin, or an approved or nonapproved Swine and swine products moved from (c) Record of official vaccination or official the quarantined area of a State to a serum prophylaxis, when applicable. livestock market: (d) The permanent and individual identi­ (i) To an approved livestock market nonquarantined area of the same State may be moved interstate only as speci­ fication of the swine to the premises of in accordance with Schedule G of § 76.12. origin. (ii) To any point other than a nonap­ fied in §§ 76.8 and 76.9. (e) That the swine have been inspected by proved livestock market in accordance § 76.11 Interstate movement o f swine the Division or State inspector or accredited with Schedule G of § 76.12. and swine products through quaran­ veterinarian, and found to be apparently of hog cholera and other contagious, iniec- (c) Swine not known to be affected tined areas. with or exposed to hog cholera may be tious or communicable diseases. moved interstate from any nonquaran- (a) Swine and swine products may be 4. A copy of the inspection certificate mus tined area for exhibition purposes as pro­ moved interstate from nonquarantined be forwarded to the appropriate Animai vided in paragraph (b) of this section. Health official of the State of destination. areas through quarantined areas with­ 5. The interstate movement must be to a § 76.7 Interstate movement of vacci­ out compliance with §§ 76.8 and 76.9 if State of destination which provides Jtort nated swine. (1) such movement is continuous and segregation or quarantine of imported and breéder swine for not less than 21 y°- (a) Official vaccinates may be moved direct and such swine and swine prod- 6 . Swine moved from a approved lives interstate in accordance with the same; ucts are not unloaded in the quarantined •»»rirnf wnct. trari snorted in a means restrictions and conditions which apply areas; or (2) if all facilities used in con­ to nonvaccinated swine under the provi­ nection with the unloading have been sions of this part. 8 In each instance the regulations (b) Notwithstanding any other provi­ approved for such purpose by a Division tate of destination should be consul®"-of sions of this part, swine treated with ap­■ inspector as having been cleaned and * Information as to the rules of t L,„ proved modified live virus vaccine after sstination can be obtained from th_ _ disinfected before such use, as pre- man in Charge, Animal Health Divi July 1,1969, but prior to January 1,1970,’ scribed in §§ 76.31-76.32, under the su- nimal and Plant Health Service, or treated with other virulent hog cholera[ pervision of a person authorized for the tates Department of Agriculture, for virus prior to April 1,1966, may be moved interstate only from a nonquarantinedi purpose by the inspector.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 PROPOSED RULE MAKING 21855

conveyance which has been cleaned and dis­ 6. The swine must be accompanied by an 2. The interstate movement must be in the infected as provided in §§ 76.30 and 76.32; inspection certificate issued by the Division same means of conveyance in its entirety. Provided, however, That if the means of con­ or State inspector or accredited veterinarian 3. The swine must be inspected by a Divi­ veyance is not regularly used to transport showing: sion or State inspector or accredited veter­ livestock, disinfection is not required. (a) Place and date of issuance. inarian at the point of origin of the interstate 7. The owner and shipper must maintain (b ) Consignee and consignor. shipment immediately prior to such shipment for 1 year after the interstate movement a (c) Record of official vaccination or of­ and found to be apparently free of hog record of the origin, destination and identi­ ficial serum prophylaxis, when applicable. cholera and other contagious, infectious, or fication of all such swine and shall afford (d) The permanent and individual identi­ communicable diseases. access to such records at any reasonable time fication of the swine to the premises of .origin. 4. The swine must not be brought into to Division and State inspectors designated (e) That the swine have been inspected contract with swine from noneradication or by thfe Director. by the Division or State inspector or accred­ nonfree States. Schedule C ited veterinarian, and found to be apparently 5. The premises of origin must not have free of hog cholera and other contagious, been used in the 21 days preceding the inter­ Schedule C applies to the interstate move­ infectious or communicable diseases. state movement to' receive, buy or sell swine ment of feeder and breeder swine as provided 7. A copy of the inspection certificate must from a noneradication or nonfree State. in § 76.6(b) (2) and requires that: be forwarded to the appropriate animal 6. The swine must be accompanied by an 1. The interstate movement must be con­ health official of the State of destination. inspection certificate issued by the Division tinuous. 8. The owner and shipper must maintain or State inspector or accredited veterinarian , 2. The interstate movement must be in the for 1 year after the interstate movement a showing: same means of conveyance in its entirety. record of the origin, destination, and identi­ (a ) Place and date of issuance. 3. The interstate movement must be to a fication of all such swine and shall afford ac­ (b ) Consignee and consignor. State of destination which provides for the cess to such records at any reasonable times (c) Record of official vaccination or official segregation or quarantine of imported feeder to Division and State inspectors designated serum prophylaxis, when applicable. or breeder swine for not less than 21 days.4 by the Director. 4. The swine must be permanently identi­ (d) That the swine have been inspected fied to the farm of origin by individual ear Schedule E by the Division or State inspector or ac­ credited veterinarian, and are apparently free tag, ear notch, tattoo, or similar individual Schedule E applies to the interstate move­ from hog cholera and other contagious, in­ identification. ment of feeder and breeder swine as provided fectious, or communicable diseases. 5. The swine must be inspected by a Di­ in §76.6(b) (4), and requires that: 7. A copy of the Inspection certificate must vision or State inspector or an accredited 1. The interstate movement must be con­ veterinarian at the point of origin of the tinuous. be forwarded to the appropriate animal interstate shipment immediately prior to 2. The interstate movement must be in health official of the State of destination. such shipment and found to be apparently the same means of conveyance in its entirety. Schedule H free of hog cholera and other contagious, 3. The swine must be inspected by a Divi­ infectious or communicable diseases. sion or State inspector or an accredited vet­ Schedule H applies to the movement of 6. The swine must be accompanied by an erinarian at the point of origin of the. inter­ swine from a quarantined area for slaughter inspection certificate issued by the Division state shipment immediately prior to such purposes as provided in § 76.8(b) and requires that: or State inspector or accredited veterinarian shipment and found to be apparently free showing: of hog cholera and other contagious, infec­ 1. A permit for the movement must be ob­ (a) Place and date of issuance. tious or communicable diseases. tained from the appropriate animal health official of the State of destination. (b) Consignee and consignor. 4. The swine must be accompanied by an (c) Record of official vaccination or offi­ inspection certificate issued by the Division 2. (a) The swine must be identified by an cial serum prophylaxis, when applicable. or State inspector or accredited veterinarian Individual ear tag to the premises of origin, (d) The permanent and individual identi­ showing: or by a red mark at least 4" x l/2" above the fication of the swine to the farm of origin. (a ) Place and date of issuance. shoulder on the back of each animal, or (b) the means of conveyance in which the swine (e) That the swine have been inspected (b ) Consignee and consignor. are moved interstate must be sealed with by the Division or JState inspector or ac­ (c) Record of official vaccination or official Department seals. credited veterinarian and found to be ap­ serum prophylaxis, when applicable. parently free of hog cholera and other (d) That the swjne have been inspected by 3. If the means of conveyance are sealed, contagious, infectious or communicable the Division or State inspector or accredited the seals must not be removed or broken ex­ diseases. veterinarian and are apparently free of hog cept by an inspector employed by the Con­ (f) That the swine are being moved inter­ cholera and other contagious, infectious, or sumer and Marketing Service of the U.S. De­ state from the farm where they were borij. communicable diseases. partment of Agriculture or by other persons and such farm has not been used within the 5. A copy of the inspection certificate must authorized for this purpose by the Director. past 6 months to buy, sell or assemble sw ine' be forwarded to the appropriate animal 4. All swine on the premises of origin, in­ brought in from other sources and that all health official of the State of destination. cluding the swine to be moved interstate, swine on the farm of origin'at the time of 6. The approved livestock market from must be inspected on the premises of origin shipment have been located there for not which the shipment originates must handle by a, Division or State inspector or an accred­ less than 21 days. swine only from eradication or free States. ited veterinarian within 24 hours prior to the 7. A copy of the inspection certificate must 7. The swine must not be brought into time the interstate movement is to begin, be forwarded to the appropriate Animal contact with swine from noneradication or and all swine on the premises must be found Health official of the State of destination. nonfree States. to be apparently free of hog cholera and other contagious, infectious, and communicable Schedule D 8. Swine moved from an approved livestock market must be transported in a vehicle diseases, and known exposure thereto. Schedule D applies to the interstate move­ cleaned and disinfected as provided in 5. The swine must be moved for imme­ ment of feeder and breeder swine as pro­ §§ 76.30 and 76.32; Provided however, That, diate slaughter directly to a federally in­ vided in § 76.6(b) (3) and requires that: if the vehicle is not regularly used to trans­ spected slaughtering establishment operating 1. The interstate movement must be con­port livestock, disinfection is not required. under the. provisions of the Federal Meat tinuous. Inspection Act, as amended (21 U.S.C. 601 Schedule F 2. The interstate movement must be in the et seq.), or to a State inspected slaughtering same means of conveyance in its entirety. Schedule P applies to the interstate move­ establishment which has inspection by a 3. The interstate movement must be to a ment of feeder and breeder swine as pro­ State inspector at the time of slaughter, or State of destination which provides for the vided in § 76.6(b) (5) and requires that: to a slaughter market (as defined in § 76.1 (a) ) for sale and shipment for imme­ ^gregation or quarantine of imported feeder 1. The interstate movement must be con­ or breeder swine for not less than 21 days.* tinuous. diate slaughter; they must be moved without 2. The interstate movement must be in contact at any point with feeding or breed­ 4. The swine must be permanently identi­ the same means of conveyance in its entirety. ing swine; they shall not be unloaded en fy® to the premises of origin by individual 3. The swine must not be brought into route; and they shall not be diverted. oar tag, ear notch, tattoo, or similar individ­ 6. The swine must be accompanied by an ual identification. contact with-swine from noneradication or nonfree States. inspection certificate issued by a Division or 5. The swine must be inspected by a Divi­ Schedule G State inspector or an accredited veterinarian sion or State inspector or an accredited vet- showing: winarian at the point of origin of the inter- Schedule G applies to the interstate move­ (a) That all swine on the premises of , ^ s^P menb immediately prior to such ment of feeder and breeder swine as provided origin, including those covered by the cer­ of and found to be apparently free in § 76.6(b) (6) and requires that: \ tificate, were inspected by him as prescribed i hog cholera and other contagious, infec­ 1. The interstate movement must be con­in paragraph 4 of this Schedule H and found tious or communicable diseases. tinuous. ■ to be apparently free from hog cholera and

FEDERAL REGISTER, VOL. 36, NO. 2 U — THURSDAY, NOVEMBER 11, 1971 21)656 PROPOSED RULE MAKING

other contagious diseases, and from known Director as adequate to prevent the of the regulations in this Jpart will be pub­ exposure thereto. spread of communicable livestock dis­ lished in the F ederal R e g ister . Informa­ (b ) Consignee and consignor. eases, may be moved interstate without tion with respect to those livestock mar­ (c) Number of swine covered by the further restriction under this section, but kets may also be obtained from the certificate. in accordance with the other provisions Division. (d) The individual eartag identification (b) The Director is authorized to ap­ numbers of the swine or the existence of the of this part. red color mark on each animal covered by (2) Swine products produced at an prove any livestock market for the pur­ the certificate as prescribed in paragraph 2 establishment operating under the Fed­ poses of the regulations in this part when of this Schedule H. eral Meat Inspection Act, as amended, he determines that the operator of such (e) That the swine covered by the certifi­ (21 U.S.C. 601 et seq.), which handles livestock market has executed an appro­ cate must be moved directly to the federally any products of swine fed any raw gar­ priate agreement as set forth in subpara­ or State inspected slaughtering establish­ bage and does not handle all such prod­ graph (1) or (2) of this paragraph and ment or slaughter market specified on the ucts as specified in subparagraph (1) that the livestock market meets the certificate. of this paragraph, may be moved inter­ standards specified in such agreement. (f ) That the swine must be moved without Request for such approval may be made contact at any point with feeding or breed­ state only if accompanied by a certificate ing swine; and shall not be unloaded or di­ signed by an inspector of the Consumer to the Veterinarian in Charge, Animal verted en route. and Marketing Service, U.S. Department Health Division, Animal and Plant 7. A copy of the inspection certificate must of Agriculture (i) identifying the prod­ Health Service, U.S. Department of be forwarded to the appropriate animal ucts to be moved interstate and stating Agriculture, for the State in which the health official of the State of destination. that, insofar as he has been able to livestock market is located, and the exe­ 8. The means of conveyance used to trans­ determine, the particular products were cuted agreement shall be filed with said port the swine interstate must be placarded derived from swine which had not been Veterinarian in Charge. The Director is by affixing conspicuously thereto a durable fed any raw garbage, or (ii) identifying authorized to promulgate notices listing placard not less than 5 x 8 inches in size on the products to be moved interstate and approved livestock markets in accordance which are printed in block bold faced letters stating that the particular products with paragraph (a) of this section. The not less than 1 y2 inches in height,, the words Director may withdraw' approval and "Swine For Slaughter Only.” havg. been handled as specified in sub- paragraph (1) of this paragraph. remove any livestock market from* such 9. The means of conveyance must be list when he determines that such live­ cleaned and disinfected in accordance with § 76.16 Authorization of other move­ § 76.30 and 76.32 under supervision by a Di­ ments. stock market no longer complies with the vision or State inspector immediately follow­ requirements of the agreement applicable ing unloading, except that the Director may, The Director, in specific cases, may to its operations or that the operator has in specific cases, approve other points for authorize the interstate movement of terminated such agreement.5 such cleaning and disinfection when he finds swine or swine products, not otherwise (i) that such procedure will not hamper the hog authorized under this part, under such cholera eradication program. conditions as he may prescribe to prevent A greement for Approval T o Handle I nter­ state Shipm ents of a n y Glass of Swine § 76.13 Movement o f specially processed the spread of hog cholera or other con­ tagious, infectious, or communicable dis­ To: Animal Health Division, Animal and swine products. Plant Health Service, U.S. Department of eases, and when so moved, the swine or Except as provided in §§ 76.9, 76.10, Agriculture: 76.11, and 76.15, swine products which swine products must be accompanied by The undersigned operator of the livestock have been specially processed may be a permit from the appropriate official of market known a s ______—______— , moved interstate without restrictions un­ the State of destination and a permit (Name) from the Division specifying any condi­ located a t ______— , hereby re- der this part. tions imposed regarding such movement. (Address) § 76.14 Special processing o f swine quests approval to handle Interstate ship­ products. § 76.17 Serum prophylaxis treatment ments of feeder or breeder and/or slaughter o f swine. v swine in accordance with the regulations in All swine products required under the 9 CFR Part 76 (from any State) (from hog regulations of this part to be specially Although there is no requirement cholera eradication States currently listed in processed shall be heated to an internal under this part that swine be treated § 76.2 (f ) or free States currently listed in temperature of at least 156° F for 30 with anti-hog-cholera serum or hog /§ 76.2(g) of the regulations).6 Said operator cholera antibody concentrate prior to agrees to: minutes or to an internal temperature of 1. Provide said Division with a schedule 177° P. for 3 minutes. interstate movement, if swine do receive serum prophylaxis prior to interstate of sale days and cooperate with the Division § 76.15 Special requirements for inter­ movement they shall be inoculated with in obtaining compliance by livestock ship- state movement o f swine fed raw pea®"' with applicable State and Federal anti-hog-cholera serum or hog cholera regulations. garbage and products from swine fed antibody concentrate prepared under li­ 2. Provide well-constructed and well- raw garbage^ cense from the Secretary of Agriculture lighted imperviously surfaced pens, alleys, (a) Movement of swine. Swine which issued pursuant to Subchapter E of this and sales rings for holding, inspecting, and have been fed any raw garbage may be chapter; they shall meet all other ap­ otherwise handling swine, and other swine moved interstate under this part only in plicable provisions of this part; and the handling faciUties that are clean and in good repair. accordance with Schedule A of § 76.12 permitted dosage of anti-hog-cholera 3. Require all swine received at the live­ to a slaughtering establishment specifi­ serum or hog cholera antibody concen­ stock market to be given an inspection by a cally approved for the purpose by the trate shall be as follows: Division or State inspector or an accredited Director in each case, for immediate veterinarian, and refuse to sell any swine slaughter and special processing at such Minimum dose Minimum dose that show any signs of any infectious, con­ establishment in a manner approved by Weight of swine of serum of antibody con. tagious, or communicable disease upon such (pounds) (cubic centrate (cubic inspection, except as authorized by a Divi­ the Director as adequate to prevent the centimeters) centimeters) spread of communicable livestock sion or State inspector or an accredited Under 20...... 20 10 veterinarian. diseases. 20 to 40--...... 30 15 4. Separate from tjhe other swine an 40+ to 90...... 35 18 swine found upon inspection to be, or sus­ (b) Movement of sioine products. (1) 90+ to 120_...... 45 23 Swine products produced at an estab­ 120+ to 150...... 55 28 pected of being, affected with any contagious, lishment operating under the Federal 150+ to 180...... 65 33 infectious, or communicable disease and i®" 75 Meat Inspection Act, as amended (21 Over 180______38 mediately notify a Division or State inspec­ tor, or an accredited veterinarian of the U.S.C. 601 et seq.), which handles prod- N o t e : Except for swine under 30 pounds in weight, the dosage oi serum should not exceed 1 cc. per pound duôts of swine fed raw garbage, but body weight, or one-hali cc. per pound body weight ii B The standards contained in these ag* " specially processes all such products antibody concentrate is used. ments are minimal and agreements wiwU“ separate and apart from other swine § 76.18 Approval of livestock markets. individual States may be adjusted to products, keeps the products properly form to more restrictive State laws identified; and otherwise handles the (a) Notices containing lists of live­ regulations. products in a manner approved by the stock markets approved for the purposes • Delete inapplicable term.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 PROPOSED RULE MAKING 21657

presence of such swine at the livestock A greement for Approval to Handle I nter­ tion by a State inspector at the time of market. state Shipm ents of Slaughter Sw ine slaughter. 5. Maintain feeder and breeder swine sepa­ To: Animal Health Division, Animal and rately from slaughter swine, and if these § 76.30 Cleaning and disinfecting of Plant Health Service, U.S. Department two classes of swine are yarded in adjoining ( of Agriculture: means of conveyance. pens, separate the classes by solid partitions The undersigned operator of the livestock with no drainage from the slaughter swine (a) All means of conveyance and their market known a s ______pens into the feeder and breeder swine pens.7 associated equipment used for receiving, (name) 6. Sell feeder and breeder swine before the located a t ______, hereby shipping, loading, unloading and deliver­ sales ring is used for slaughter swine if the (address) ing swine and for feeding, watering and sales ring is used for both purposes on the requests approval to handle interstate ship­ resting swine, in connection with the in­ same day.7 ments of slaughter swine only, in accordance terstate movement of swine, shall be kept 7. Permit no feeder or breeder swine to with the regulations in 9 CFR Part 76. Said clean. remain in the livestock market for more operator agrees to: than 72 hours and permit no slaughter swine (b) Any means of conveyance and its to remain in the livestock market for more 1. Provide the Division with a schedule associated equipment which has been than 120 hours. of sale days and cooperate with the Division used to move swine interstate which are 8. Issue no release for removal of feeder in obtaining compliance by livestock ship­ pers with applicable State and Federal affected with any contagious, infectious and breeder swine from the livestock market or communicable disease shall be cleaned until the swine are identified 7 in accordance regulations. with applicable requirements of Federal or 2. Separate from other swine all swine and disinfected under the supervision State regulations and have been inspected suspected of being affected with any con­ of a Division or State inspector or an by a Division or State inspector or an ac­ tagious, infectious, or communicable disease accredited veterinarian as follows: Re­ credited veterinarian and certified in accord­ and immediately notify a Division or State move all litter, feed and manure from all ance with applicable Federal or State inspector, or an accredited veterinarian, of portions of each means of conveyance in­ regulations. the presence of such swine at the livestock cluding all ledges and framework inside 9. Issue no releases for removal of slaugh­ market. and outside, and handle such litter, feed ter swine from the livestock market unless 3. Issue no releases for removal of any and manure in such manner as not to consigned for immediate slaughter and iden­ swine from the livestock market unless con­ signed for immediate slaughter and identify expose livestock to any disease contained tify the consignee on the release document. therein; cleaif the interior and the ex­ 10. Clean pens, alleys, sales rings, docks, the consignee on the release document. and scales before each day’s sale of feeder 4. Permit no swine to be inoculated at the terior of such vehicle or other means of or breeder swine and disinfect such facilities livestock market with any modified live virus conveyance and its associated equipment; when required under § 71.4 or § 76.31 with hog cholera vaccine or any other virulent and saturate the entire interior surface, a disinfectant specified in § 76.32.7 hog cholera virus. including all doors, endgates, portable 11. Provide facilities and service for clean­ 5. Maintain, for 1 year after the transac­ chutes and similar equipment, with a ing and disinfecting means of conveyance as tion involved, a record of the origin and disinfectant prescribed in § 76.32. destination of all swine handled through prescribed in §§ 76.30 and 76.32. (c) The Director may, in specific 12. Permit no swine to be inoculated at the livestock market and afford Federal and the livestock market with any modified live State inspectors access to such records at all cases, require the thorough cleaning and virus hog cholera vaccine or any other viru­ reasonable times. disinfecting, under the supervision of a lent hog cholera virus. Division or State inspector or an accred­ (Name of operator of 13. Maintain, for 1 year after the transac­ ited veterinarian, in the manner pro­ livestock market) tion involved, a record of the origin and vided in paragraph (b) of this section, of destination of all swine, and also of the (Address) any means of conveyance which has been identification7 of all swine, other than used to move interstate any swine which slaughter swine, handled through the live­ have been fed any raw garbage, or any stock market and afford Division and State (Signature and title) inspectors access to such records at all rea­ swine products derived from such swine, sonable times. (Date) or swine exposed to hog cholera or other The Animal Health Division, Animal and contagious, infectious or communicable (Name of operator of Plant Health Service, U.S. Department of livestock disease, or which the Director livestock market) Agriculture, has approved this application has reason to believe may have been effective______otherwise infected with or exposed to (Address) (Date) such a disease, when he determines that (Signature and title) such cleaning and disinfecting is neces­ (Veterinarian in charge) sary to guard against the spread of any (Address) such disease. The Animal Health Division, Animal and (d) The carrier shall be responsible Plant Health Service, U.S. Department of (Date) for cleaning and disinfecting all means Agriculture, has approved this application effective______(c) Approval of livestock markets in aof conveyance and associated equipment (Date) quarantined area. The approved status as required by this section and such of all livestock markets approved, for the cleaning and disinfecting shall be done (Veterinarian in charge) purposes of the regulations in this part, without expense to the Department of under this section, which are located in Agriculture. (Address) an area placed under quarantine because (e) Such cleaning and disinfecting (Date) of hog cholera, shall be suspended (only shall be done before the means of con­ for purposes of this part) when such area veyance is moved from the place where is placed under quarantine and shall be the swine or swine products are unloaded, Tk® requirements of paragraphs 5, 6, and restored when such area is released from unless the Director, in specific cases, au­ 0 and the identification requirements of quarantine only upon compliance with all thorizes its movement to another location Paragraphs 8 and 13 do not apply to live- and cleaning and disinfecting is carried tock markets that are located in a hog provisions of this section : Provided, That cholera eradication or free State and that isuch livestock markets which qualify out at such location in accordance with ‘®°eive swine only from eradictlon or free under § 76.1 (z) may operate as slaughter this section. ho ^ any livestock market is approved to markets for the purpose of receiving § 76.31 Cleaning and disinfecting live­ rnvfii6 swine under the lesser requirements interstate shipments of slaughter swine stock markets and other facilities. b«in V* fo°tnote on the basis of and releasing slaughter swine for inter­ from* ^oca^ecl ln. and handling only swifie state shipment, in accordance with § 76.8, (a) All livestock markets and other -Jr1 * kog cholera eradication or free State directly to a federally inspected slaugh­ facilities, including facilities for receiv­ stati 11 an^ sucl1 State involved loses its tering establishment operating under ing, shipping, loading, unloading and de­ of Jr8 88 -An eradication or free State, all livering swine and for feeding, watering anni 5e^uirements of this agreement shall the provisions of the Federal Meat In ­ Sta+I sucil livestock market until the spection Act, as amended (21 U.S.C. 601 and resting swine, used in connection iree s t T " status 85 811 eradication or et seq.), or to a State inspected slaugh­ with the interstate movement of swine, tering establishment which has inspec­ shall be kept clean.

FEDERAL REGISTER, VOL. 36, NO. 218— THURSDAY, NOVEMBER 11, 1971 21658 PROPOSED RULE MAKING

(b) All livestock markets and other to be cleaned and disinfected under this bage,” “exposed swine,” “ approved live­ facilities, or any portion thereof, which section shall not be used for handling stock market” (to include livestock have been used in connection with the swine until after the cleaning and dis­ auction markets, public stockyards, and movement interstate of swine which are infecting has been done. any other approved assembly point), “swine products,” “slaughter markets,” affected with any contagious, infectious, § 76.32 Disinfectants to be used. or communicable disease shall be cleaned and “official vaccinates” ; and (4) deletes and disinfected under the supervision of Disinfection required under the regu­ the term “clean stockyards” , and the a Division or State inspector or an ac­ lations in this Part shall be performed salvage provision of the present § 76.6(c). credited veterinarian as follows: Empty with one of the following; In § 76.2 this proposed revision would all troughs and other feeding and water­ (a) A permitted brand of sodium redefine “Eradication States” and “Free ing appliances; remove all litter, feed and orthophenylphenate used in a propor­ States” to allow any such State to retain manure from the floors, posts, or other tion of at least 1 pound to 12 gallons classification as an eradication or free parts, and handle such litter, feed, and of water, as prescribed in § 71.12 of this State 'notwithstanding occurrence of a manure in such manner as not to expose chapter. primary isolated case of hog cholera if livestock to any disease contained there­ (b) A permitted cresylic disinfectant the infected herd has been depopulated. in; and saturate the entire surface of the in the proportion of at least 4 fluid In § 76.4 the words “in all cases, includ­ fencing, troughs, chutes, floors, walls and ounces to 1 gallon of water, as prescribed ing export,” would be added to clarify the all other parts with a disinfectant as pre­ under §§ 71.10(b) and 71.11 of this long-standing intent that all export and scribed in § 76.32. chapter. interstate shipments of virulent or modi­ fied hog cholera virus shall be accom­ (c) A permitted general disinfectant (c) The Director, in specific cases, panied by a permit issued by the may require the thorough cleaning and (which meets the specifications of Director, Veterinary Biologies Division. disinfecting, under the supervision of a § 71.10(a) (5) of this chapter) which has In § 76.14 the temperature and holding Division or State inspector or an ac­ been shown to be virucidal, against the time required for special processing credited veterinarian, in the manner pro­ virus of hog cholera, as determined by the would be changed to conform with avail­ Director,® may be used at the dilution vided in paragraph (b) of this section, able research findings. and otherwise in accordance with speci­ of any livestock market and other facil­ Any person who wishes to submit data, ity, or any portion thereof, which has fications for use as shown on the label of such disinfectant. views, or arguments concerning the pro­ been used in connection with the inter­ posed amendments may do so by filing state movement of any swine which have The proposed revision would clarify, them with the Deputy Administrator, been fed any raw garbage or swine prod­ modify, andupdate the regulations in 9 Veterinary Services, Animal and Plant ucts derived from such swine, or swine CFR Part 76. Certain changes in format Health Service, U.S. Department of Agri­ exposed to hog cholera or other con­ would be made in the major swine move­ culture, Washington, D.C. 20250, within tagious, infectious or communicable dis­ ment sections (§§ 76.5 through 76.12) to 30 days after publication of this notice ease, or which the Director has reason provide a clear, concise statement of in the F ederal R eg iste r . to believe may have been otherwise in­ each permitted interstate movement and All written submissions made pursuant fected with or exposed to such a disease, a separate, carefully detailed schedule to this notice will be made available for when he determines that such cleaning of restrictions and conditions for each and disinfecting is necessary to guard public inspection at times and places and such movement. In § 76.1, the proposed in a manner convenient to the public against the spread of any such disease. revision (1) substitutes the term “ food business (7 CFR 1.27(b)). (d) The owner of such livestock mar­ waste” for “ cooked garbage” ; (2) defines kets and other facilities shall be respon­ “nonapproved livestock market,” “ Eradi­ Done at Washington, D.C., this 5th day sible for cleaning and disinfecting as cation State,” “Free State,” “Division of November 1971. G. H. W ise , required under this section, and the inspector,” “ accredited veterinarian” and Acting Administrator, Animal cleaning and disinfecting shall be done “State inspector” ; (3) redefines “gar- without expense to the Department of and Plant Health Service, United States Department of Agriculture. 8 Information as to the name of such dis­ Agriculture. (e) All livestock markets or other fa ­ infectants may be obtained from the Veter­ [F R D oc.71-16474 Filed 11-10-71;8:49 am] cilities, or any portion thereof, required inarian in Charge or a Division inspector.

FEDERAL REGISTER, V O L 36, NO. 218— THURSDAY, NOVEMBER H , 1971 V

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