FEDERAL REGISTER VOLUME 35 • NUMBER 53 Wednesday, March 18, 1970 • Washington, D.C. Pages 4687-4739 Part I (Part II begins on page 4733)

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration Forest Service General Services Administration Housing and Urban Development Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau. National Aeronautics and Space Ad­ ministration National Park Service Oil Import Administration Securities and Exchange Commission Veterans Administration Detailed list of Contents appears inside.

No. 63—Pt. I----- 1 Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1, 1970)

Title 7— Agriculture (Parts 1090-1119)------$1.25 Title 36— Parks, Forests, and Memorials------1. 25 Title 41— Public Contracts and Property Management (Chapters 2 -4 )______1.00

[A Cumulative checklist of CFR issuances for 1910 appears in the first issue of the Federal Register each month under Title 1]

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

■ I h m O T m Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or r r Mr ll/ll Krlll\lrn on the day after an official Federal holiday), by the Office of the Federal Register, National 1 Archives and Records Service, General Services Administration, Washington, D.O. 2040», Area Code 202 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 193& (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 umc ,

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AGRICULTURAL RESEARCH Notices INTERIOR DEPARTMENT SERVICE Runway touchdown zone mark­ See Land Management Bureau; ing ______- 4713 National Park Service; Oil Im ­ Rules and Regulations port Administration. Domestic quarantine notices; FEDERAL COMMUNICATIONS golden nematode (3 docu­ INTERNAL REVENUE SERVICE COMMISSION ments)______------1------4691, 4692 Rules and Regulations Hog cholera and other com- Rules and Regulations Income tax; percentage to be used municable swine diseases; areas Commission organization; author­ quarantined (3 documents) _ 4694-4699 by foreign life insurance com­ ity delegated______• 4704 panies in computing income tax AGRICULTURAL STABILIZATION Television fixed stations; licensing for taxable year 1969 and esti­ of ITFS response stations in cer­ mated tax for taxable year 1970_ 4703 AND CONSERVATION SERVICE tain bands______4704 Temporary excise tax regulations; Rules and Regulations Government officials on leave of Domestic beet sugar; allotment FEDERAL MARITIME absence ______4703 quotas------;------4693 COMMISSION Notices AGRICULTURE DEPARTMENT Notices Roesser, Quinton A.; granting of North Atlantic French Atlantic r e lie f______4711 See Agricultural Research Serv­ ice; Agricultural Stabilization Freight Conference; petition for . INTERSTATE COMMERCE and Conservation Service; Con­ declaratory order______4714 sumer and Marketing Service; COMMISSION Forest Service. FEDERAL POWER COMMISSION Notices Fourth section applications for ATOMIC ENERGY COMMISSION Notices Hearings, etc. : re lie f______4717 Rules and Regulations Michigan Wisconsin Pipe Line Motor carriers: Alternate route deviation no­ Special nuclear material; critical­ Co — 1______4716 ity monitoring requirements___ 4700 Shell Oil Co. et al______4716 tices ______— 4717 Applications and certain other CIVIL AERONAUTICS BOARD proceedings------4719 FEDERAL RESERVE SYSTEM Intrastate proceedings------4723 Notices Notices Temporary authority applica­ International Air Transport As­ tions (2 documents)_____ 4723-4725 Hamilton National Associates, Transfer proceedings (4 docu­ sociation; agreement relating Inc.; order approving applica­ to specific commodity rates___ 4714 ments)__ __r------4726-4728 tion ______4715 New Mexico intrastate freight CIVIL SERVICE COMMISSION rates and charges, 1970---- 4729 FOOD AND DRUG Rules and Regulations LAND MANAGEMENT BUREAU Excepted service; Housing and ADMINISTRATION Urban Development Depart­ Rules and Regulations Notices * ment ______4705 Combinations of nutritive non­ Alaska; filing of plats of survey-- 4711 nutritive sweeteners in “ diet Oregon; proposed withdrawal and COAST GUARD beverages” ______4702 reservation of lands (2 docu- ments)______4711, 4712 Proposed Rule Making Wyoming: Designation of Georgetown, S.C. FOREST SERVICE Notice of sale of lands______4712 as a port of documentation; Rules and Regulations Proposed withdrawal and reser- proposed revocation______4708 . vation of lands; amendment-- 4712 Grazing fees; correction______4704 CONSUMER AND MARKETING NATIONAL AERONAUTICS AND SERVICE GENERAL SERVICES SPACE ADMINISTRATION Proposed Rule Making ADMINISTRATION Rules and Regulations Federal Seed Act regulations____ 4734 Notices NASA Official Seal, Insignia, O f­ Milk in Oregon-Washington mar­ Secretary of Defense; delegation ficial Astronaut Badges, and keting area; recommended deci­ of authority______4715 Flags______4700 sion ------4706 NATIONAL PARK SERVICE fed er a l a v ia t io n HEALTH, EDUCATION, AND ADMINISTRATION WELFARE DEPARTMENT Notices Intention to issue concession per­ Rules and Regulations See Food and Drug Administra­ mits: Transition areas; alterations (2 tion. Cape Cod National Seashore— 4712 documents)______'____ 4700 Grand Canyon National Park_4713 Proposed Rule Making HOUSING AND URBAN Airworthiness directives; DEVELOPMENT DEPARTMENT OIL IMPORT ADMINISTRATION General Dynamics Corp. Model Notices Proposed Rule Making 340 and 440 Series airplanes- 4708 Canadian overland imports; Dis­ Hawker Siddeley “Heron” Model Acting Assistant Regional Admin­ tricts I-IV ; applications for DH.114 airplanes ______4709 istrator for Housing Assistance, allocations ______4710 Control zone and transition area; Region IH (Atlanta); designa­ Proposed alteration______4709 tion ______4713 (Continued on next page) 4689 4690 CONTENTS

SECURITIES AND EXCHANGE TRANSPORTATION DEPARTMENT TREASURY DEPARTMENT COMMISSION See Coast Guard; Federal Avia­ See Internal Revenue Service. tion Administration. Notices VETERANS ADMINISTRATION Central and South West Corp.; Rules and Regulations proposed issuance and sale of Vocational rehabilitation; release common stock at competitive of and prepayment for train­ bidding______4715 ing supplies______4704

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

5 CFR 14 CFR 32A CFR 213______4705 71 (2 documents)______4700 P roposed R u l e s : 1221______4700 Ch. X ______4710 7 CFR P roposed R u l e s : 36 CFR 301 (3 documents)______4691, 4692 39 (2 documents)______4708, 4709 813______: ______4693 71______4709 231______4704 P roposed R u l e s ; 21 CFR 38 CFR 201 ______4734 202 ______*______4734 3______— 4702 21...... 4704 1124______4766 26 CFR 46 CFR 9 CFR 1______4703 P roposed R u l e s : 143______— 4703 66______4708 76 (3 documents)______4694-4699 47 CFR 10 CFR o______4704 70______4700 74...... 4704 4691 Rules and Regulations

(iii) Through or reshipped from anyment of regulated articles (except soil Title 7— AGRICULTURE regulated area if the articles originated samples for processing, testing, or outside of the regulated areas and if the analysis), not eligible for certification Chapter III— Agricultural Research point of origin of the articles is clearly under this subpart, to specified destina­ Service, Department of Agriculture indicated, their identity has been main­ tions for limited handling, utilization, or tained, and they have been safeguarded processing, or for treatment in accord­ PART 301— DOMESTIC QUARANTINE against infestation while in the regulated ance with the treatment manual, when NOTICES area in a manner satisfactory to the upon evalution of the circumstances in­ Subpart— Golden Nematode inspector; or volved in each specific case he deter­ (3) From any area outside the regu­mines that such movement will not M iscellaneous A m e n d m e n t s lated areas, without a certificate or per­ result in the spread of the golden mit, if : nematode and requirements of other Pursuant to sections 8 and 9 of the (i) The regulated articles are exempt applicable Federal domestic plant quar­ Plant Quarantine Act, as amended, and under the provisions of § 301.85-2b; or antines have been met. section 106 of the Federal Plant Pest Act (ii) The point of origin of such move­ (c) Restricted destination permits (7 U.S.C. 161,162, 150ee), sections 301.85 ment is clearly indicated on the articles (a), 301.85-3, and 301.85-4 of the Notice may be issued by an inspector to allow or shipping document which accompanies the interstate movement (for other than of Quarantine No. 85 (7 CFR 301.85(a), the articles, and if the movement is not 301.85- 3, and 301.85-4) relating to the scientific purposes) of regulated articles made through any regulated area. golden nematode quarantine are hereby (except soil samples for processing, test­ (b) Unless specifically authorized bying, or analysis) to any destination per­ revised to read as follows: the Director in emergency situations, soil mitted under all applicable Federal § 301.85 Quarantine ; restriction on in­ samples for processing, testing, or anal­ domestic plant quarantines if such arti­ terstate movement of specified regu­ ysis may be moved interstate from any cles are not eligible for certification lated articles. regulated area only to laboratories ap­ under all such quarantines but would (a) Notice of quarantine. Pursuant toproved s by the Director and so listed by otherwise qualify for certification under the provisions of sections 8 and 9 of the him in a supplemental regulation.4 A cer­ this subpart. Plant Quarantine Act, as amended, and tificate or permit will not be required to (d) Scientific permits to allow the section 106 of the Federal Plant Pest Act be attached to such soil samples except interstate movement of regulated arti­ (7 U.S.C. 161, 162, 150ee), the Secretary in those situations where the Director cles, and certificates or permits to allow of Agriculture has determined, after has authorized such movement only with the movement of soil samples for proc­ public hearing, that it is necessary to a certificate or permit issued and at­ essing, testing, or analysis in emergency quarantine the State of New York in tached in accordance with §§ 301.85-4 situations, may be issued by the Direc­ order to prevent the spread of the golden and 301.85-7. A certificate or permit will tor under such conditions as may be nematode (H et eroder a rostochiensis), a not be required to be attached to soil prescribed in each specific case by the dangerous pest of potatoes and certain samples originating in areas outside of Director. other plants, not heretofore widely prev­ a regulated area if the point of origin of (e) Certificate, limited permit, and alent or distributed within and through­ such movement is clearly indicated on out the United States. Therefore, under restricted destination permit forms may the articles or shipping document which be issued by an inspector to any person the authority of said provisioxis, the Sec­ accompanies the articles, and if the retary hereby continues to quarantine for use by the latter for subsequent movement is not made through any regu­ shipments (except for soil samples for the State of New York, with respect to lated area. the interstate movement from the processing, testing, or analysis) provided quarantined State of the articles de­ § 301.85—4 Issuance and cancellation of such person is operating under a compli­ scribed in paragraph (b) of this section, certificates and permits. ance agreement; and any such person issues the regulations in this subpart (a) Certificates may be issued for any may be authorized by an inspector to re­ governing such movement, and gives no­ regulated articles (except soil samples produce such forms on shipping contain­ tice of said quarantine and regulations. for processing, testing, or analysis) by an ers or otherwise. Any such person may * - * * * * inspector if he determines that they are use the certificate forms, or reproduc­ eligible for certification for movement to tions of such forms, for the interstate § 301.85—3 Conditions governing the in­ movement of regulated articles from the terstate movement of regulated ar­ any destination under all Federal domes­ ticles from quarantined States.2 tic plant quarantines applicable to such premises of such person identified in the compliance agreement if such per­ (a) Any regulated articles except soil articles, and: (1) Have originated in noninfested son has made appropriate determina­ samples for processing, testing, or anal­ tions as specified in paragraph (a) of ysis may be moved interstate from any premises in a regulated area and have not been exposed to infestation while this section with respect to such articles. quarantined State under the following Any such person may use the limited conditions: within the regulated areas; or (2) Have been treated to destroy in­ permit forms, or reproductions of such (1) From any regulated area, with a forms, for interstate movement of regu­ certificate or permit issued and attached festation in accordance with the treat­ ment manual; or lated articles to specified destinations in accordance with §§ 301.85-4 and authorized by the inspector in accord­ 301.85- 7 if moved into or through any (3) Have been grown, produced, man­ ufactured, stored, or handled in such a ance with paragraph (b) of this section. Point outside of the regulated areas; or Any such person may use the restricted (2) From any regulated area, without manner that no infestation would be transmitted thereby. destination permit forms, or reproduc­ z certificate or permit, if moved: tions of such forms, for the interstate (i) Under the provisions of § 301.85-2b (b) Limited permits may be issued by movement of regulated articles not eli­ which exempt certain articles from cer­ an inspector to allow interstate move- gible for certification under all Federal tificate and permit requirements; or domestic plant quarantines applicable to (ii) From any regulated area in any 3 Pamphlets containing provisions for such articles, under the conditions speci­ Quarantined State to any contiguous laboratory approval may be obtained from fied in paragraph (c) of this section. regulated area; or the Director, Plant Protection Division, ARS, (f) Any certificate or permit which U.S. Department of Agriculture, Federal Cen­ has been issued or authorized may be * Requirements under all other applicable ter Building, Hyattsville, Md. 20782. Federal domestic plant quarantines must also 4 For list of approved laboratories, see withdrawn by the inspector or the Di­ be met. PPD 639. rector if he determines that the holder

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4692 RULES AND REGULATIONS thereof has not complied with any con­ regulated areas is hereby issued to ap­ § 301.85—2b Exempted articles.1 dition for the use of such document im­ pear in 7 CFR 301.85-2a, as follows: (a) The following articles are exempt posed by this subpart. § 301.85—2a Regulated areas. from the certification and permit re­ * * * * * quirements of this subpart if they meet The civil divisions, parts of civil divi­ (Secs. 8, 9, 37 Stat. 318, as amended, sec. 100, the applicable conditions prescribed in sions, and premises described below, and 71 Stat. 33; 7 U.S.C. 161, 162, 150ee; 29 F.R. subparagraphs (1) through (4) of this all highways abutting thereon, in the 16210, as amended, 33 F.R. 15485) paragraph and have not been exposed to quarantined State are designated as infestation after cleaning or other Section 301.85(a) of this revision shall golden nematode regulated areas within become effective upon publication in the handling as prescribed in said the meaning of the provisions of this subparagraphs: F ederal R eg ister when it shall supersede subpart: that portion of the Notice of Quarantine N ew Y ork (1) Small grains, if harvested in bulk or directly into approved containers, and effective July 31, 1969. Sections 301.85-3 Nassau County. The entire county. and 301.85-4 of this revision shall be­ if the small grains and containers thereof Steuben County. The towns of Prattsburg have not come into contact with the soil; come effective July 1, 1970, when they and WheeldT. shall supersede those sections of the reg­ Suffolk County. The entire county. or, if they have been cleaned to meet ulations effective July 31,1969. Yates County. The town of Italy. State seed sales requirements. This revision deletes the State of Dela­ (2) Soybeans (other than for seed), if (Secs. 8 and 9, 37 Stat. 318, as amended, harvested in bulk or directly into ap­ ware from the quarantine because of sec. 106, 71 Stat. 33; 7 U.S.C. 161, 162, 150ee; golden nematode. Statistically designed 29 F.R. 16210, as amended; 7 CFR 301.85-2) proved containers, and if the soybeans surveys following eradication treatments and containers thereof have not come indicate the infestations were eliminated. This supplemental regulation shall into contact with the soil. The revision also requires that "soil sam­ become effective upon publication in the (3) Unshucked ear corn, if harvested ples for processing, testing, or. analysis be F ederal R eg ister when it shall supersede in bulk or directly into approved con­ moved from regulated areas only to ap­ 7 CFR 301.85-2a, effective July 31, 1969. tainers, and if the com and containers proved laboratories. These samples may The purpose of this revision is to delete thereof have not come into contact with be moved without certificates or permits the areas in the State of Delaware from the soil. the regulation. Statistically designed fol­ attached. (4) Used farm tools, if cleaned free of The revision of § 301.85(a) relieves lowup surveys failed to reveal any infes­ soil. tations after eradication treatments were certain restrictions presently imposed; (b) The following articles are exempt therefore, this section should be made applied, and the State of Delaware was from the certification and permit re­ effective promptly in order to accomp­ deleted from the golden nematode quirements of this subpart if they meet lish its purpose in the public interest. quarantine. the applicable conditions prescribed in The revision of §§ 301.85-3 and 301.- This document relieves restrictions subparagraphs (1) through (3) of this 85-4 will become effective July 1,1970, in presently imposed. Therefore, it should paragraph and have not been exposed to accordance with the Notice of Proposed be made effective promptly in order to infestation after cleaning or other han­ Rule Making in connection with soil accomplish its purpose in the public dling as prescribed in said subpara­ samples published in the F ederal R eg­ interest. Accordingly, it is found under graphs: Provided, That this exemption ist e r on November 7, 1969 (34 F.R. the administrative procedure provisions shall not apply to any class of regulated 18042). of 5 U.S.C. 553, that notice and other articles specified by an inspector in a The revision of 301.85-4 (f) merely public procedure with respect to the fore­ written notification to the owner or per­ clarifies the long-standing administra­ going regulation are unnecessary and son in possession of the premises that the tive interpretation of said provision by impracticable, and good cause is found movement of such articles from such expressly stating the power of the Di­ for making the regulation effective less premises under this exemption would in­ rector to withdraw certificates or permits. than 30 days after publication in the volve a hazard of spread of the golden nematode: Accordingly, it is found under the ad­ F ederal R eg iste r . (1) Irish potatoes (other than for ministrative procedure provisions of 5 Done at Hyattsville, Md., this 12th day seed), if graded at an approved grader2 U.S.C. 553, that further notice and other or washed free of soil, and packaged in public procedure with respect to this of March 1970. D. R. S h e p h e r d , approved containers: Provided, How­ document are unnecessary and imprac­ Director, ever, potatoes from noninfested fields ticable, and good cause is found for mak­ Plant Protection Division. may be shipped to Puerto Rico in new ing portions of this document effective [F.R. Doc. 70-3231; Filed, Mar. 17, 1970; burlap bags. less than 30 days after its publication in 8:40 a.m.] (2) Root crops (other than Irish the F ederal R e g ist e r . potatoes and sugar beets), if moved in approved containers. Done at Washington, D.C., this 12th PART 301— DOMESTIC QUARANTINE (3) Hay, straw, fodder, and plant lit­ day of March. NOTICES ter, if moved in approved containers. [ s e a l ] R. J. A n d e r s o n , Subpart—-Golden Nematode (c) Containers of the following types Acting Administrator, are approved for the purposes of this Agricultural Research Service. E x e m p t io n s section: [F.R. Doc. 70-3229; Filed, Mar. 17, 1970; Under the authority of § 301.85-2 of 8:46 a.m.] the Golden Nematode Quarantine reg­ 1 The articles hereby exempted remain sub­ ulations (7 CFR 301.85-2, 34 F.R. 12491), ject to applicable restrictions under other PART 301— DOMESTIC QUARANTINE a supplemental regulation exempting quarantines and other provisions of this sub­ certain articles from specified require­ part. NOTICES ments of the regulations is hereby 2 Any grader is eligible for approval under issued to appear in 7 CFR 301.85—2b as this subpart if the operator thereof enters a Subpart— Golden Nematode compliance agreement (as defined in § 301.- set forth below. The Director of the Plant 85-1 (b ) ), and the grader is equipped with a R egulated A reas Protection Division has found that facts suitable chain or perforated belt which, in Under the authority of § 301.85-2 of exist as to the pest risk involved in the the judgment of the inspector, will remove the golden nematode quarantine regula­ movement of such articles which make it soil from the potatoes. Information as to ap­ tions (7 CFR 301.85-2, 34 F.R. 12491), safe to relieve the requirements as pro­ proved graders may be obtained from an a supplemental regulation designating vided therein. inspector.

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 RULES AND REGULATIONS 4693

(IX New paper bags; and consumer Chapter VIII— Agricultural Stabiliza­ Area Quota on the basis of such revised packages of any material except cloth or tion and Conservation Service data. burlap. (Sugar), Department of Agriculture Findings heretofore made by the Sec­ (2) Crates, pallet boxes, trucks, and retary (35 F.R. 169) include the provi­ boxcars, if free of soil. SUBCHAPTER B— SUGAR REQUIREMENTS AND sion that this order shall be revised QUOTAS without further notice or hearing, for (Secs. 8 and 9, 37 Stat. 318, as amended, sec. 106, 71 Stat. 33; 7 U.S.C. 161, 162, 150ee; 29 [Sugar Reg. 813.7, Arndt. 1] the purposes stated above. F.R. 16210, as amended; 7 CFR 301.85-2) Allotments set forth herein are estab­ PART 813— ALLOTMENT OF SUGAR lished on the basis of and consistent with This supplemental regulation shall be­ QUOTAS, DOMESTIC BEET SUGAR come effective July 1, 1970, when it shall the findings previously made by the Secretary. supersede the list of exempted articles AREA in § 301.85-2b which become effective 1970 In accordance with paragraph (6) of the findings and conclusions set forth in July 31,1969. Basis and purpose. This amendment is The purpose of this revision is to delete S.R. 813,7 (35 F.R. 169) and pursuant to from the list of exempted articles soil issued under section 205(a) of the Sugar paragraph (e) of such régulation, para­ samples of any size if collected and Act of 1948, as amended (61 Stat. 926 as graph (4) of such findings and conclu­ shipped to a U.S. Army Corps of Engi­ amended), hereinafter called the “Act,” sions is amended as follows : neers soil laboratory located within the for the purpose of amending Sugar Reg­ (4) The determination of allotments conterminous United States. Effective ulation 813.7 (35 F.R. 169) which estab­ in finding (3), are set forth in the fol­ July 1, 1970, soil samples for processing, lished allotments of the sugar quota for lowing table. They are based on more testing, or analysis may be moved inter­ the domestic beet sugar area for the cal­ up to date data of estimates for 1969 state from any regulated area without endar year 1970. crop processings, 1969 sugar marketings certificate or permit attached to all lab­ oratories approved by the Director and This amendment is necessary to substi­ and January 1, 1970, inventories which so listed by him. tute more up to date estimates for data shall be used pending availability estimated data on 1969 crop sugar pro­ Done at Hyattsville, Md., this 12th day and substitution of revised estimates or of March 1970. duction, 1969 sugar marketings, and final data for such estimates and as ap­ January 1, 1970, sugar inventories on plied to the Domestic Beet Sugar Area D. R . S h e p h e r d , Director, the basis of data which have become a quota of 3,215,667 short tons, raw value. Plant Protection Division. part of the official records of the Depart­ Allotments of the 1970 quota as estab­ [F.R. Doc. 70-3230; Filed, Mar. 17, 1970; ment and to establish allotrhents equal lished by this order are 80 percent of the 8:46 a.m.] to 80 percent of the Domestic Beet Sugar allotments as shown in column (12).

Estimated process­ Average marketings Jan. 1, effective inventories hun­ Adjustments to base ings of sugar from within the quota Base allotments dredweights, refined allotments 2 1969-crop beets 1965-69 Allot­ ments, Processors '* Percent short tons, Hundred­ Hundred­ of total Short tons, 1965-69 Inventory Hundred­ raw value weight Percent weight Percent (col. raw value 1970 esti­ adjusted imbalances weight Short tons, (col. 6 + refined of total refined of total 2 X 0.75+ (col. 5X mated average to (col. 7-col. 8) refined raw value or —) col. 4 quota) 1 col. 7 toted 0.25)

(1) (2) (3) (4) (5) (6) (7) - (8) (9) (10) (11) (12)

Amalgamated Sugar Co., The.... 8,680,000 13.7622 7,320,162 13.0602 13.5867 429,695 8,275,259 7,380,093 +895,166 +39, 289 +2,102 431, 797 American Crystal Sugar Co____. 9,100, 000 14.4281 7,185,126 12.8193 14.0259 443,585 7,788; 078 6,481,855 +1,306, 223 +164, 509 +8; 801 452' 386 Buckeye Sugars, Inc.*______25 000 Great Western Sugar Co . 14,000,000 22.1971 13,370, 798 23.8554 22.6117 715,121 11, 774, 539 12,945,320 -1,170, 781 -75,226 -4,025 71i; 096 Holly Sugar Corp.4 . 8,944,031 14.1808 9,383,681 16. 7418 14.8210 468, 731 7,414,412 9,316,430 -1,902, 018 - I 2 2 ; 211 -6,538 462; 193 Layton Sugar Co.4 332,397 .6270 340,033 .6067 .5469 17,296 318; 733 365,497 -46,764 -3,005 -160 17,136 Maine Sugar Industries, Ine.*.. Michigan Sugar C o ____ . 2,400,000 3.8052 1,925,477 3.4353 3.7127 117,418 2,030,679 1,829,195 +201, 484 +4,641 +248 117, 666 Monitor Sugar Co- . 1,040,000 1.6489 937, 277 1.6722 1.6547 62,332 739,084 863,546 -124,462 -7,997 -428 òli 904 Spreckels Sugar Co . 9, 000, 000 14. 2695 7,440,116 13.2742 14. 0207 443,420 6, 233', 794 5,884, 819 +348,975 0 0 443; 420 Union Sugar Division, Consoli­ 2,750,000 4.3601 2,393,484 4.2703 4.3377 137,185 2, 264,150 2,092,318 +171,832 0 0 137,' 185 dated Foods Corp. Utah-ldaho Sugar Co . 6,825,000 10.8211 6, 753,238 10.2646 10.6820 337,830 5, 859, 852 5,539,507 +320,345 0 0 337,830 Total______. 63,071,428 100.0000 56,049,392 100.0000 100.0000 3,162,613 52,698,580 52,698, 580 ±3, 244, 025 ±208, 439 ±11,151 3, 215, 667

1 Column (5) X quota less allotments of 28,054 tons for Maine Sugar Industries of its factory. The allotment established for Maine Sugar Industries, Inc., is based and 25,000 tons for Buckeye Sugars, Inc. on its respective effective inventory on Jan. 1, 1970, of 358,204 tons, plus 15 percent . (+ ) adjustments in col. 10= (extent (+ ) quantities in col. 9 exceeds 10 percen of its estimated 1970 crop beet sugar production. Estimated 1970 crop sugar produc­ or col. 8) X (25 percent).- Minus (—) adjustments in col. 10=total of (+ ) adjustment tion is based on 37,042 acres planted for Maine Sugar Industries, Inc. S \ ’ Prorate(l to processors on the basis of minus (—) quantities in col. 9. Plu 4 Prior to the application of the alternative measure of “ processings” , 1969-crop 1 minus ( —) adjustments in col. 11=(col. 10 adjustments) X (0.0535). processings were 8,900,000 cwts. for Holly Sugar Corp. and 325,000 cwts. for Layton l hese processors not included in the basic allotment method computations. J Sugar Co., and Jan. 1, 1970, effective inventories were 7,370,381 cwts. for Holly Sugar minimum special allotment of 25,000 tons is established for Buckeye Sugars, Inc. Corp. and 311,336 cwts. for Layton Sugar Co. so as to permit marketings of sugar as is necessary for the reasonably efficient operatioi Order. Pursuant to the authority § 813.7 Allotment o f the 1970 sugar for the Domestic Beet Sugar Area are vested in the Secretary of Agriculture quota for the Domestic Beet Area. prescribed, 80 percent of the 1970 quota by section 205(a) of the Act and in ac­ for the Domestic Beet Sugar Area is (a) Allotments. For the period Jan­ cordance with paragraph (e) of § 813.7 hereby allotted to the following proces­ of this chapter, paragraph (a) of § 813.7 uary 1, 1970, until the date allotments of sors in the quantities which appear is amended to read as follows: the entire 1970 calendar year sugar quota opposite their respective names:

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4694 RULES AND REGULATIONS

swine diseases, is hereby amended in the swine and swine products froip or Equivalent Short In hundred- following respects: through quarantined areas as contained processors tons, raw weight 1. In § 76.2, in paragraph (e) (4) re­ in 9 CFR Part 76, as amended, will not value refined beet apply to the excluded areas, but will con­ sugar lating to the State of Illinois, subdivision (ill) relating to Shelby County is tinue to apply to the quarantined areas amended to read: described in § 76.2. Further, the restric­ Amalgamated Sugar C o, 345,438 6,456,785 The. (e) * * * tions pertaining to the interstate move­ American Crystal Sugar Co__ 361,009 6,764,654 (4) Illinois. * * * ment from nonquarantined areas con­ Buckeye Sugars, Inc______20,000 373,832 tained in said Part 76 will apply to the Great Western Sugar Co., 568,877 10,633,215 (iii) That portion of Shelby County The. comprised of Oconee Township. areas excluded from quarantine. Holly Sugar Corp______369,754 6,911,290 Layton Sugar Co...... 13,709 256,243 ***** Insofar as the amendments impose Maine Sugar Industries, In c.. 22,443 419,495 2. In § 76.2, in paragraph (e) (13) re­ certain further restrictions necessary to Michigan Sugar Co______94,133 ' 1,759,496 prevent the interstate spread of hog Monitor Sugar Division, 41,523 776,131 lating to the State of North Caroliria, Robert Gage Coal Co. subdivision (iv) relating to Robeson cholera they must be made effective im­ Spreckels Sugar Co., Division 354,736 6,630,579 mediately to accomplish their purpose in of American Sugar Co. County is amended to read: Union Sugar Division, Con­ 109,748 2,051,364 (e) * * * the public interest. Insofar as they re­ solidated Foods Corp. lieve restrictions, they should be made Utah-Idaho Sugar Co______270,264 5,051,664 (13) North Carolina. * * * (iv) That portion of Robeson County effective promptly in order to be of maxi­ Subtotal____...... 2,572,534 48,084,747 mum benefit to affected persons. Unallotted...... 643,133 12,021,178 bounded by a line beginning at the junc­ tion of State Highway 41 and Secondary Accordingly, under the administrative T o tal...... 3,215,667 60,105,925 Road 1002; thence, following Secondary procedure provisions in 5 U.S.C. 553, it is Road 1002 in a southerly direction to Sec­ found upon good cause that notice and • * * * • ondary Road 2104; thence, following Sec­ other public procedure with respect to (Secs. 205, 209, 403; 61 Stat. 926, as amended, ondary Road ,2104 in a southeasterly the amendments are impracticable, un­ 928, as amended, 932; 7 U.S.O. 1115, 1119, direction to Secondary Road 2100; necessary, and contrary to the public in­ 1153) thence, following Secondary Road 2100 terest, and good cause is found for mak­ Effective date. Allotments established in a southwesterly direction to Second­ ing them effective less than 30 days after in this order differ from those currently ary Road 1002; thence, following Sec­ publication in the F ederal R eg ister . in effect as established in S.R. 813.7 (35 ondary Road 1002 in a southeasterly Done at Washington, D.C., this 12th F.R. 169). To afford adequate oppor­ direction to Secondary Road 2121; day of March 1970. tunity for processors to plan and to mar­ thence, following Secondary Road 2121 R . J. A n d e r s o n , ket sugar in an orderly manner, it is in a southwesterly direction to Second­ Acting Administrator, imperative that this amendment become ary Road 2116; thence, following Sec­ Agricultural Research Service. effective as soon as possible. Accordingly, ondary Road 2116 in a northwesterly it is hereby found that compliance with direction to Secondary Road 2123; [F.R. Doc. 70-3232; Filed, March 17, 1970; the 30-day effective date requirement of thence, following Secondary Road 2123 8:46 a.m .j 5 U.S.C. 553 is impracticable and con­ in a westerly direction to U.S. Highway trary to the public interest and con­ 74; thence, following U.S. Highway 74 PART 76— HOG CHOLERA AND sequently this amendment shall be in a northwesterly direction to Second­ OTHER COMMUNICABLE SWINE effective when published in the F ederal ary Road 2207; thence, following Sec­ R e g ist e r . ondary Road 2207 in a northwesterly DISEASES Signed at Washington, D.C., on direction to Secondary Road 2208; Areas Quarantined thence, following Secondary Road 2208 March 11, 1970. in a northwesterly direction to Interstate Pursuant to provisions of the . Act of K e n n e t h E. F r ic k , Highway 95; thence, following Inter­ May 29, 1884, as amended, the Act of Administrator, Agricultural Sta­ state Highway 95 in a northeasterly February 2, 1903, as amended, the Act bilization and Conservation direction to State Highway 211; thence, of March 3, 1905, as amended, the Act of Service. following State Highway 211 in a south­ September 6,1961, and the Act of July 2, [F.R. Doc. 70-3163; Filed, Mar. 17, 1970; easterly direction to State Highway 41; 1962 (21 U.S.C. 111-113, 114g, 115, 117, 8:45 a.m.] thence, following State Highway 41 in a 120, 121, 123-126, 134b, 134f), Part 76, northeasterly direction to its junction Title 9, Code of Federal Regulations, re­ with Secondary Road 1002. stricting the interstate movement of ***** swine and certain products because of hog cholera and other communicable Title 9— ANIMALS AND (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, 32 Stat. 791-792, as amended, secs. 1-4, swine diseases, is hereby amended in the ANIMAL PRODUCTS 33 Stat. 1264, 1265, as amended, sec. 1, 75 following respects; Stat. 481, secs. 3 and 11, 76 Stat. 130, 132; 21 In §276.2 paragraph (e) is amended Chapter I— Agricultural Research U.S.C. I l l , 112, 113, 114g, 115, 117, 120, 121, and paragraphs (f) and (g) are reissued Service, Department of Agriculture 123-126, 134b, 134f; 29 F.R. 16210, as to read as follows: amended) SUBCHAPTER C— INTERSTATE TRANSPORTATION § 76.2 Notices relating to existence of OF ANIMALS AND POULTRY Effective date. The foregoing amend­ hog cholera; prohibition of move­ ments shall become effective upon PART 76— HOG CHOLERA AND ment o f virulent virus; spread o f dis­ issuance. ease through raw garbage; regula­ OTHER COMMUNICABLE ~ SWINE The amendments quarantine a portion tions; quarantines; eradication DISEASES of Robeson County in North Carolina States; and free States. because of the existence of hog cholera. Areas Quarantined ***** This action is deemed necessary to pre­ (e) Notice of quarantine. Notice is Pursuant to provisions of the Act of vent further spread of the disease. The hereby given that because of the exist­ May 29, 1884, as amended, the Act restrictions pertaining to the interstate ence of hog cholera in the States of Ari­ of February 2, 1903, as amended, the movement of swine and swine products zona, Arkansas, Georgia, Illinois, Kansas, Act of March 3,1905, as amended, the Act from or through quarantined areas as Maryland, Massachusetts, Minnesota, of September 6,1961, and the Act of July contained in 9 CFR Part 76, as amended, Mississippi, Missouri, New Jersey, New 2, 1962 (21 U.S.C. 111-113, 114g, 115, 117, will apply to such county. York, North Carolina, Oklahoma, Rhode 120, 121, 123-126, 134b, 134f), Part 76, The amendments also exclude portions Island, South Carolina, Tennessee, Title 9, Code of Federal Regulations, re­ of Shelby County in Illinois from the Texas, and Virginia, and the Common­ areas heretofore quarantined because of stricting the interstate movement of wealth of Puerto Rico, and the nature swine and certain products because of hog cholera. Therefore, the restrictions hog cholera and other communicable pertaining to the interstate movement of and extent of outbreaks of this disease,

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 RULES AND REGULATIONS 4695 the following areas are quarantined be­ a northerly direction to its junction with rection to U.S. Highway 278; thence, fol­ cause of said disease: State Highway 96. lowing U.S. Highway 278 in a south­ (1) Arizona, (i) That portion of Mari­ (6) Maryland. The adjacent portions easterly direction to its junction with copa County bounded by a line beginning of Wicomico and Worcester Counties the Monroe-Lamar County line (Mis­ at the junction of Yuma Road and Perry- bounded by a line beginning at the junc­ sissippi-Alabama State lin e). ville Road; thence, following Perryville tion of U.S. Highway 50 and State High­ (iv) The adjacent portions of Monroe Road in a southerly direction to its junc­ way 12 (at the city of Salisbury); thence, and Lee Counties bounded by a line be­ tion with Baseline Road and the Gila following U.S. Highway 50 in an easterly ginning at the junction of U.S. Highway and Salt River Base Line; thence, fol­ direction to U.S. Highway 113; thence, 278 and the Tombigbee River; thence, lowing the Gila and Salt River Base Line following U.S. Highway 113 in a south­ following the west bank of the Tombig­ in an easterly direction to the southeast­ westerly direction to State Highway 12 bee River in a northeasterly direction to ern comer of sec. 31, of T. 1 N., R. 1 W,; (at the city of Snow H ill); thence, fol­ State Highway 6 ; thence, following State thence, following the eastern boundaries lowing State Highway 12 in a northwest­ Highway 6 in a northwesterly direction of secs. 31, 30, and 19, of T. 1 N., R. 1 W. erly direction to its junction with U.S. to State Highway 371; thence, following in a northerly direction to Reams Road; Highway 50. State Highway 371 in a northerly direc­ thence, following Reams Road in a (7) Massachusetts. Bristol and Mid­ tion to the Monroe-Itawamba County northerly direction to Yuma Road; dlesex Counties. line; thence, following the Monroe- thence, following Yuma Road in a west­ (8) Minnesota. The adjacent portions Itawamba County line in a westerly di­ erly direction to its junction with Perry­ of Kandiyohi and Chippewa Counties rection to the Itawamba-Lee County ville Road. bounded by a line beginning at the junc­ line; thence, following the Itawamba-Lee (ii) That portion of Maricopa County tion of State Highway 40 and County County line in a northerly direction to bounded by a line beginning-at the junc­ State Aid Highway 5; thence, following U.S. Highway 78; thence, following U.S. tion of Southern Avenue and 35th Ave­ County State Aid Highway 5 in a south­ Highway 78 in a westerly direction to U.S. nue; thence, following 35th Avenue in a erly direction to the Kandiyohi-Renville Highway 45; thence, following U.S. southerly direction to Estrella Drive; County line; thence, following the Kan­ Highway 45 in a southerly direction to thence, following Estrella Drive in a diyohi-Renville County line in a westerly State Highway 45W ; thence, following westerly direction to 75th Avenue; direction to County State Aid Highway State Highway 45 W in a southwesterly thence, following 75th Avenue in a 2; thence, following County State Aid direction to the Lee-Chickasaw County northerly direction to Southern Avenue; Highway 2 in a northerly direction to line; thence, following the Lee-Chicka­ thence, following Southern Avenue in an State Highway 40; thence, following saw County line in an easterly direction easterly direction to its junction with State Highway 40 in an easterly direction to the Lee-Monroe County line ; 35th Avenue. to it« junction with County State Aid thence, following the Lee-Monroe Coun­ (2) Arkansas. That portion of Craw­ Highway 5. ty line in a southerly direction to State ford County bounded by a line beginning (9) Mississippi. (1) That portion of Highway 41; thence, following State at the junction of U.S. Highway 59 and Calhoun County bounded by a line be­ Highway 41 in an easterly direction to the Crawford-Washington County line; ginning at the junction of the Calhoun- U.S. Highway 278; thence, following thence, following the Crawford-Wash­ Yalobusha County line and State High­ U.S. Highway 278 in a southeasterly di­ ington County line in an easterly direc­ way 32; thence, following State Highway rection to its junction with the Tombig­ tion to the Crawford-Madison County 32 in a generally southeasterly direction bee River. line; thence, following the Crawford- to State Highway 9; thence, following (v) That portion of Rankin County Madison County line in an easterly di­ State Highway 9 in a southerly direction beginning at the junction of the Pearl rection to the Crawford-Franklin County to the Skuna River; thence, following River and the Black Top County Road line; thence, following the Crawford- the northern bank of the Skuna River (south of the Ross Barnett Reservoir) Franklin County line in a generally in a southwesterly direction to the Cal­ known locally as Scenic Drive Road; southwesterly direction to Interstate houn-Yalobusha County line; thence, thence, following Scenic Drive Road in a Highway 40; thence, following Interstate following the Calhoun-Yalobusha Coun­ southeasterly direction to State High­ Highway 40 in a southwesterly direction ty line in a northerly direction to its way 471; thence, following State High­ to State Highway 59; thence, following junction with State Highway 32. way 471 in a northerly direction to State Highway 59 in a northwesterly di­ (ii) The adjacent portions of Madison Pelohotchie Creek; thence, following the rection to its junction with the Craw­ and Hinds Counties bounded by a line south bank of Pelohotchie Creek in a ford-Washington County line. beginning at the junction of U.S. High­ generally southeasterly direction to U.S. (3) Georgia. Newton and Walton way 49 and State Road 22; thence, fol­ Highway 80; thence, following U.S. Counties. lowing State Road 22 in a generally east­ Highway 80 in a southwesterly direction (4) Illinois, (i) That portion of Greene erly direction to State Road 463; thence, to the Gulde-Shilo County Road; thence, County comprised of Linder, Rabicon, following State Road 463 in a southeast­ following the Gulde-Shilo County Road Rockbridge, and Wrights Townships. erly direction to U.S. Highway 51; thence, in a southeasterly direction to Shilo; (ii) That portion of Montgomery following U.S. Highway 51 in a south­ thence, following the Shilo-Micro Wave County comprised of Audobon Town- westerly direction to the Hinds-Madison Station County Road in a southwesterly Ship. County Line Road; thence, following the direction to Micro Wave Station; thence, Hinds-Madison County Line Road in a (iii) That portion of Shelby County following, the Micro Wave Station-Johns westerly direction to U.S. Highway 49; County Road in a southeasterly direc­ comprised of Big Springs, Oak Grove, thence, following U.S. Highway 49 in a and Oconee Townships. tion to State Highway 18; thence, follow­ northerly direction to its junction with (5) Kansas, (i) That portion of Har­ ing State Highway 18 in a northwesterly State Road 22. direction to Tumbaloo Creek; thence, vey County comprised of Macon Town­ (iii) That portion of Monroe County ship (T. 23 S., R. 1 W .). following the north bank of Tumbaloo bounded by a line beginning at the junc­ Creek in a northwesterly direction to (ii) That portion of Sedgwick County tion of U.S. Highway 278 and the Mon- Richland Creek; thence, following the bounded by a line beginning at the junc­ roe-Lamar County line (Mississippi- north bank of Richland Creek in a tion of State Highway 96 and Federal Alabama State lin e ); thence, following northwesterly direction to State High­ Aid Secondary Highway 695; thence, fol­ the Monroe-Lowndes County line in a way 468; thence, following State High­ lowing State Highway 96 in a generally southwesterly direction to the Monroe- way 468 in a northerly direction to U.S. southeasterly direction to Interstate Lowndes County line; thence, following Highway 80; thence, following U.S. High­ Highway 235; thence, following Inter­ the Monroe-Lowndes County line in a way 80 in a westerly direction to the state Highway 235 in a southwesterly westerly direction to the Buttahatchie Pearl River; thence, following the east direction to U,S. Highway 54; thence, River; thence, following the north bank bank of the Pearl River in a northeast­ following U.S. Highway 54 in a south­ of the Buttahatchie River in a south­ westerly direction to Federal Aid Second­ westerly direction to the Tombigbee erly direction to its junction with the ary Highway 695; thence, following River; thence, following the east bank of Scenic Drive Road (south of Ross «deral Aid Secondary Highway 695 in the Tombigbee River in a northerly di- Barnett Reservoir).

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 No. 53— Pt. I ------2 4696 RULES AND REGULATIONS

(10) Missouri. The adjacent portions Road 1807; thence, following Secondary U.S. Highway 270 and State Highway 56; of Dunklin and Stoddard Counties Road 1807 in an easterly direction to its thence, following State Highway 56 in a bounded by a line beginning at the junc­ junction with Secondary Road 1804. generally southwesterly direction to tion of State Highway U and the (iv) That portion of Robeson County State Highways 99, 3; thence, following Missouri-Arkansas State line; thence, bounded by a line beginning at the junc­ State Highways 99, 3, in a generally following State Highway U in an easterly tion of State Highway 41 and Secondary westerly direction to State Highway 39; direction to State Highway 25; thence, Road 1002; thence, following Secondary thence, following State Highway 39 in a following State Highway 25 in a south­ Road 1002 in a southerly direction to westerly direction to State Highway 59; erly direction to U.S. Highway 62; Secondary Road 2104; thence, following thence, following State Highway 59 in a thence, following U.S. Highway 62 in a Secondary Road 2104 in a southeasterly northerly direction to U.S. Highway 177; westerly direction to State Highway 53; direction to Secondary Road 2100; thence, following U.S. Highway 177 in a thence, following State Highway 53 in a thence, following Secondary Road 2100 northerly direction to U.S. Highway 270; southeasterly direction to State High­ in a southwesterly direction to Sec­ thence, following U.S. Highway 270 in a way B; thence, following State Highway ondary Road 1002; thence, following southeasterly direction to its junction B in a westerly direction to State High­ Secondary Road 1002 in a southeasterly with State Highway 56. way BB; thence, following State High­ direction to Secondary Road 2121; (iv) That portion of Stephens County way BB in a westerly direction to the thence, following Secondary Road 2121 bounded by a line beginning at the junc­ Missouri-Arkansas State line; thence, in a southwesterly direction to Secondary tion of U.S. Highway 81 and the following the Missouri-Arkansas State Road 2116; thence, following Secondary Stephens-Grady County line, thence, fol­ line in a generally northerly direction to Road 2116 in a northwesterly direction lowing U.S. Highway 81 in a southerly its junction with State Highway U. to Secondary Road 2123; thence, follow­ direction to State Highway 7; thence, (11) New Jersey. That portion of ing Secondary Road 2123 in a westerly following Staje Highway 7 in a westerly Gloucester County comprised of Dept­ direction to US. Highway 74; thence, direction to the Stephens-Comanche ford Township. following US. Highway 74 in a north­ County line; thence, following the (12) New York. That portion of westerly direction to Secondary Road Stephens-Comanche County line in a Montgomery County lying south of the 2207; thence, following Secondary Road generally northerly direction to the Mohawk River, east of County Roads 27 2207 in a northwesterly direction to Sec­ Stephens-Grady County line; thence, and 145, north of the New York State ondary Road 2289; thence, following following the Stephens-Grady County Thruway, and west of State Highway 30. Secondary Road 2289 in a northerly di­ line in an easterly direction to its junc­ (13) North Carolina, (i) That portion rection to US. Highway 74; thence, fol­ tion with U.S. Highway 81. of Duplin County bounded by a line be­ lowing U.S. Highway 74 in an easterly (IB) Rhode Island. The entire State. ginning at the junction of State High­ direction to State Highway 41; thence, (16) South Carolina. That portion of way 24 and the Duplin-Onslow County f ollowing State Highway 41 in a gener­ Kershaw County bounded by a line be­ line; thence, following the Duplin- ally northeasterly direction to its junc­ ginning at the junction of U.S. Highway Onslow County line in a southwesterly tion with Secondary Road 1002. 601 and the west bank of the Wateree direction to State Road 1715; thence, (v) The adjacent portions of Wayne River; thence, following U.S. Highway following State Road 1715 in a south­ and Lenoir Counties bounded by a line 601 in a generally southerly direction to westerly direction to State Highway 50; beginning at the junction of Secondary Gillies Ditch; thence, following the north thence, following State Highway 50 in a Roads 1731 and 1733; thence, following bank of Gillies Ditch in a southeasterly northwesterly direction to the Northeast Secondary Road 1733 in a southeasterly direction to the west bank of the Wateree Cape Fear River; thence, following the direction to Secondary Road 1318; River; thence, following the west bank of east bank of the Northeast Cape Fear thence, following Secondary Road 1318 the Wateree River in a generally north­ River in a northwesterly direction to in a southeasterly direction to Sec­ westerly direction to its junction with State Highway 24; thence, following ondary Road 1311; thence, following U.S. Highway 601. State Highway 24 in a generally easterly Secondary Road 13,11 in a southwesterly (17) Tennessee. That portion of Dyer direction to its junction with the Duplin- direction to Secondary Road 1002; County bounded by a line beginning at Onslow County line. thence, following Secondary Road 1002 the junction of State Highway 77 and the (ii) That portion of Lenoir County in a southerly direction to the north Dyer-Gibson County line;" thence, fol­ bounded by a line beginning at the junc­ bank of the Neuse River; thence, follow­ lowing the Dyer-Gibson County line in a tion of State Road 1121 and the Lenoir- ing the north bank of the Neuse River in generally southerly direction to the Duplin County line; thence, following a westerly direction to Secondary Road Dyer-Crockett County line; thence, fol­ State Road 1121 in a southeasterly di­ 1731; thence, following Secondary Road lowing the Dyer-Crockett County line in rection to State Road 1120; thence, fol­ 1731 in a generally northerly direction a southwesterly direction to the Dyer- lowing State Road 1120 in a northeast­ to its junction with Secondary Road Lauderdale County line; thence, follow­ erly direction to U.S. Highway 258; 1733. ing the Dyer-Lauderdale County line in thence, following U.S. Highway 258 in a (14) Oklahoma— (i) Comanche a northwesterly direction to U.S. High­ southerly direction to the Lenoir-Jones County, (ii) The'adjacent portions of way 51; thence, following U.S. Highway County line; thence, following the Mayes and Rogers Counties bounded by 51 in a generally northeasterly direction Lenoir-Jones County line in a south­ a line beginning at the junction of State to State Highway 77; thence, following westerly direction to the Lenoir-Duplin Highway 28 and Rock Creek, thence, State Highway 77 in an easterly direc­ County line; thence, following the following the west bank of Rock Creek tion to its junction with the Dyer-Gibson Lenoir-Duplin County line in a northerly in a southeasterly direction to Markham County line. direction to its junction with State Road Ferry Reservoir; thence, following the (18) Texas, (i) Dallas, Falls, Fayette, 1121. west bank of Markham Ferry Reservoir Henderson, Lee, and Upshur Counties. (iii) That portion of Lenoir County in a southerly direction to the Grand (ii) The adjacent portions of Bosque bounded by a line beginning at the junc­ River; thence, following the west bank of and McLennan Counties bounded by a tion of Secondary Roads 1807 and 1804; the Grand River in a southwesterly di­ line beginning at the junction of State thence, following Secondary Road 1804 rection to State Highway 33; thence, fol­ Highway 6 and Farm to Market Road in a southwesterly direction to U.S. lowing State Highway 33 in a westerly 219; thence, following Farm to Market Highway 70; thence, following U.S. High­ direction to Interstate Highway 44; Road 219 in a northeasterly direction to way 70 in a northwesterly direction to thence, following Interstate Highway 44 Farm to Market Road 708; thence, fol­ U.S. Highway Bypass 70, 258; thence, in a northeasterly direction to State lowing Farm to Market Road 708 in a following U.S. Highway Bypass 70, 258 Highway 28; thence, following State generally southeasterly direction to in a northwesterly direction to U.S. Highway 28 in an easterly direction to its Farm to Market Road 56; thence, fol­ Highway Business 70, 258; thence, fol­ junction with the west bank of Rock lowing Farm to Market Road 56 in a lowing U.S. Highway Business 70, 258 in Creek. northeasterly direction to Farm to Mar­ an easterly direction to State Highway (iii) The adjacent portions of Semi­ket Road 2114; thence, following Farm 11; thence, following State Highway 11 nole and Pottawatomie Counties bounded to Market Road 2114 in a generally in a northeasterly direction to Secondary by a line beginning at the junction of southeasterly direction to Brazos River;

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 RULES AND REGULATIONS 4697 thence, following the west bank of line; thence, following the Comanche- (viii) That portion of Lavaca County the Brazos River in a generally south­ Mills County line in a northwesterly di­ bounded by a line beginning at the junc­ erly direction to the Bosque-McLennan rection to State Highway 16; thence, fol­ tion of Farm to Market Road 530 and County line; thence, following the lowing State Highway 16 in a northwest­ the Lavaca-Jackson County line; thence, Bosque-McLennan County line in a erly direction to U.S. Highway 377; following the Lavaca-Jackson County southwesterly direction to Farm to thence, following U.S. Highway 377 in a line in a southwesterly direction to the Market Road 2490; thence, following northeasterly direction to the Comanche- Lavaca-Victoria County line; thence, fol­ Farm to Market Road 2490 in a south­ Erath County line; thence, following the lowing the Lavaca-Victoria County line easterly direction to Farm to Market Comanche-Erath Comity line in a south­ in a northwesterly direction to the Road 1637; thence, following Farm to easterly direction to Farm to Market Lavaca-De W itt County line; thence, Market Road 1637 in a northwesterly Road 1702; thence, following Farm to following the Lavaca-De W itt County direction to Farm to Market Road 185; Market Road 1702 in a northerly direc­ line in a northwesterly direction to U.S. thence, following Farm to Market Road tion to its junction with State High­ Highway 77A; thence, following U.S. 185 in a generally southwesterly direc­ way 6. Highway 77A in a northeasterly direction tion to the McLennan-Coryell County (v) That portion of El Paso County to U.S. Highway 90A; thence, following line; thence, following the McLennan- bounded by a line beginning at the junc­ U.S. Highway 90A in a northeasterly di­ Coryell County line in a northwesterly tion of U.S. Highway 54 with the New rection to Farm to Market Road 530; direction to the Bosque-Coryell County Mexico-Texas State line; thence, follow­ thence, following Farm to Market Road line; thence, following the Bosque- ing U.S. Highway 54 in a southwesterly 530 in a generally southeasterly direction Coryell County line in a northwesterly direction to the north bank of the Rio to its junction with the Lavaca-Jackson direction to Farm to Market Road 217; Grande River; thence, following the County line. thence, following Farm to Market Road north bank of the Rio Grande River in a (ix) The adjacent portions of Lime­ 217 in a northeasterly direction to Farm generally northwesterly direction to the stone, Navarro, and Freestone Counties to Market Road 2602; thence, following New Mexico-Texas State line; thence, bounded by a line beginning at the junc­ Farm to Market Road 2602 in a generally following the New Mexico-Texas State tion of the Limestone-Freestone County northeasterly direction to State Highway line in a generally northerly direction to line and U.S. Highway 84; thence, fol­ 6; thence, following State Highway 6 in the northwest comer of El Paso County; lowing U.S. Highway 84 in a southwest­ a northwesterly direction to its junction thence, following the New Mexico-Texas erly direction to Farm to Market Road with Farm to Market Road 219. State line in an easterly direction to its 2310; thence, following Farm to Market (iii) That portion of Brown County junction with U.S. Highway 54. Road 2310 in a northwesterly direction bounded by a line beginning at the junc­ (vi) That portion of Harris County to Federal Aid Secondary Road 73 ; tion of Brown-Coleman County line and bounded by a line beginning at the junc­ thence, following Federal Aid Secondary the Jim Ned Creek; thence, following the tion of Interstate Highway 10 and the Road 73 in a northeasterly direction to west bank of the Jim Ned Creek in a Harris-Fort Bend County line; thence, Federal Aid Secondary Road 171; thence, southeasterly direction to Farm to Mar­ following Interstate Highway 10 in an following Federal Aid Secondary Road ket Road 585 ; thence, following Farm to easterly direction to the Harris-Cham- 171 in a northwesterly direction to Pin Market Road 585 in a southeasterly di­ bers County line; thence, following the Oak Creek; thence, following the south rection to Farm to Market Road 2492; Harris-Chambers County line in a north­ bank of Pin Oak Creek in a generally thence, f ollowing Farm to Market Road westerly direction to the Harris-Liberty northeasterly direction to Richland 2492 in a southeasterly direction to State County line; thence, following the Creek; thence, following the south bank Highway 279; thence, following State Harris-Liberty County line in a north­ of Richland Creek in a southeasterly di­ Highway 279 in a southeasterly direction westerly direction to the Harris-Mont- rection to U.S. Highway 75; thence, fol­ to Farm to Market Road 2524; thence, gomery County line; thence, following lowing U.S. Highway 75 in a southeast­ following Farm to Market Road 2524 in the Harris-Montgomery Comity line in erly direction to Farm to Market Road a southeasterly direction to U.S. High­ a generally southwesterly direction to the 80; thence, following Farm to Market way 377 ; thence, following U.S. Highway Harris-Waller County line; thence, fo l­ Road 80 in a southerly direction to U.S. 377 in a southwesterly direction to Farm lowing the Harris-Waller County line Highway 84; thence, following U.S. High­ to Market Road 1176; thence, following in a northwesterly direction to the north­ way 84 in a northwesterly direction to Farm to Market Road 1176 in a south­ west corner of Harris County and con­ its junction with the Limestone-Free­ westerly direction to the Brown-Coleman tinuing along this line in a southeasterly stone County line. County line; thence, _ following the direction to the Harris-Fort Bend (x) That portion of Lubbock County Brown-Coleman County line in a north­ County line; thence, following the Har­ bounded by a line beginning at the junc­ erly direction to its junction with the ris-Fort Bend County line in a south­ tion of Farm to Market Road 400 and Jim Ned Creek. easterly direction to its junction with U.S. Highway 82; thence, following U.S. Highway 82 in a southwesterly direction (iv) The adjacent parts of Comanche, Interstate Highway 10. to State Highway 289; thence, following Erath, and Hamilton Comities bounded (vii) That portion of Jones County State Highway 289 in a southwesterly by a line beginning at the junction of bounded by a line beginning at the junc­ direction to U.S. Highway^ 84; thence, Farm to Market Road 1702 and State tion of Farm to Market Roads 1636 and following U.S. Highway 84 in a south­ Highway 6 in Erath County; thence, fol­ 1226; thence, following Farm to Market Road 1226 in a generally southerly direc­ easterly direction to Farm to Market lowing State Highway 6 in a southeast­ Road 400 ; thence, following Farm to erly direction to its junction with U.S. tion to U.S. Highway 83; thence, follow­ Market Road 400 in a northerly direction Highway 281; thence, following U.S. ing U.S. Highway 83 in a southeasterly to its junction with U.S. Highway 82. Highway 281 and State Highway 6 in a direction to Farm to Market Road 605; southeasterly direction to the town of thence, following Farm to Market Road (xi) That portion of Smith County Hico in Hamilton County; thence, follow­ 605 in a westerly direction to Farm to bounded by a line beginning at the junc­ ing U.S. Highway 281 in a southwesterly Market Road 707; thence, following tion of State Highway 31 and the Smith- direction to the west bank of the Leon Farm to Market Road 707 in a north­ Henderson County line; thence, following River; thence, following the west bank of westerly direction to Farm to Market State Highway 31 in a northeasterly di­ the Leon River in a generally southeast­ Road 1812; thence, following Farm to rection to U.S. Highway 69; thence, fol­ erly direction to State Highway 22; Market Road 1812 in a southwesterly lowing U S. Highway 69 in a southerly thence, following State Highway 22 in a direction to Farm to Market Road 126; direction to the Smith-Cherokee County southwesterly direction to State High­ thence, following Farm to Market Road line; thence, following the Smith-Chero­ way 36; thence, following State High­ 126 in a northwesterly direction to U.S. kee County line in a westerly direction way 36 in a northwesterly direction to Highway 83; thence, following U.S. to the Smith-Henderson County line; Highway 83 in a southeasterly direction the Hamilton-Comanche County line; thence, following the Smith-Henderson to Farm to Market Road 1636; thence, County line in a northerly direction to thence, following the Hamilton-Co- following Farm to Market Road 1636 in its junction with State Highway 31. inanche County line in a southwesterly a generally easterly direction to its junc­ (xii) That portion of Tom Green direction to the Comanche-Mills County tion with Farm to Market Road 1226. County bounded by a line beginning at

FEDERAL REGISTER, VOL. 35, NO. 5-3— WEDNESDAY, MARCH 18, 1970 4698 RULES AND REGULATIONS the junction of U.S. Highway 67 and the lowing Secondary Highway 615 in a the junction of U.S. Highway 58 and Vir­ Tom Green-Runnels County line; thence, southerly direction to Interstate High­ ginia Secondary Highway 647; thence, following U.S. Highway 67 in a south­ way 6; thence, following Interstate following Virginia Secondary Highway westerly direction to State Highway 306; Highway 6 in a northwesterly direction 647 in a southeasterly direction to Vir­ thence, following State Highway 306 in to Secondary Highway 603; thence, fol­ ginia Secondary Highway 643; thence, a southerly direction to U.S. Highway lowing Secondary Highway 603 in a following Virginia Secondary Highway 87; thence, following U.S. Highway 87 in northeasterly direction to Secondary 643 in a southwesterly direction to Vir­ a generally easterly direction to Farm Highway 609; thence, following Second­ ginia Secondary Highway 616; thence, to Market Road 2334; thence, following ary Highway 609 in a southeasterly di­ following Virginia Secondary Highway Farm to Market Road 2334 in a north­ rection to its junction with Secondary 616 in a westerly direction to Virginia erly direction to Secondary Road 380; Highway 615. Secondary Highway 612; thence, follow­ thence, following Secondary Road 380 in (v) That portion of Isle of Wight ing Virginia Secondary Highway 612 in an easterly direction to Secondary Road County bounded by a line beginning at a northwesterly direction to Virginia 1692; thence, following Secondary Road the junction of U.S. Highway 258 and Primary Highway 189; thence, following 1692 in a northerly direction to the Tom Secondary Highway 704; thence, follow­ Virginia Primary Highway 189 in a Green-Runnels County line; thence, fol­ ing Secondary Highway 704 in an easterly northeasterly direction to U.S. Highway lowing the Tom Green-Runnels County direction to Secondary Highway 669; 58; thence, following U.S. Highway 58 in line in a westerly direction to its junc­ thence, following Secondary Highway a northeasterly direction to its junction tion with U.S. Highway 67. 669 in a southeasterly direction to Sec­ with Virginia Secondary Highway 647. (xiii) That portion of Waller Countyondary Highway 665; thence, following (ix) The adjacent portions of Nanse­ bounded by a line beginning at the junc­ Secondary Highway 665 in a southwest­ mond and Isle of Wight Counties tion of State Highway 159 and U.S. erly direction: to U.S. Highway 258; bounded by a line beginning at the junc­ Highway 290; thence, following U.S. thence, following U.S. Highway 258 in a tion of U.S. Highway 17 and the west Highway 290 in a southeasterly direction northwesterly direction to Secondary bank of the Nansemond River; thence, to the Waller-Harris County line; Highway 644; thence, following Second­ following the west bank of the Nanse­ thence, following the Waller-Harris ary Highway 644 in a southwesterly di­ mond River in a southwesterly direction County line in a southeasterly direction rection to Secondary Highway 654; to the north bank of Western Branch; to the Waller-Fort Bend County line; thence, following Secondary Highway thence, following the north bank of thence, following the Waller-Fort Bend 654 in a northwesterly direction to Western Branch in a northwesterly di­ County line in a southwesterly direction Secondary Highway 692; thence, fol­ rection to Secondary Highway 603; to the Brazos River; thence, following lowing Secondary Highway 692 in a thence* following Secondary Highway the east bank of the Brazos River in a southwesterly direction to Secondary 603 in a northeasterly direction to Sec­ generally northerly direction to State Highway 652; thence, following Second­ ondary Highway 602; thence, following Highway 159; thence, following State ary Highway 652 in a northwesterly Secondary Highway 602 in a north­ Highway 159 in a northeasterly direction direction to U.S. Highway 258; thence, easterly direction to Secondary Highway to its junction with U.S. Highway 290. following U.S. Highway 258 in a north­ 600; thence, following Secondary High­ (19) Virginia, (i) That portion of Cityeasterly direction to its junction with way 600 in a southeasterly direction to of Virginia Beach County comprised of Secondary Highway 704. Primary Highway 32, 10; thence, follow­ Lynnhaven Borough. (vi) That portion of Isle of Wight ing Primary Highway 32, 10 in a (ii) That portion of Augusta County County bounded by a line beginning at southerly direction to the Nansemond- bounded by a line beginning at the junc­ the junction of U.S. Highway 258 and Isle of Wight County line; thence, fol­ tion of U.S. Highways 250 and 340; Secondary Highway 652; thence, follow­ lowing the Nansemond-Isle of Wight thence, following U.S. Highway 250 in a ing Ü.S. Highway 258 in a southwesterly County line in a northeasterly direction southeasterly direction to Secondary direction to Secondary Highway 645; to U.S. Highway 17; thence, following Highway 610; thence, following Second­ thence, following Secondary Highway’645 U.S. Highway 17 in a southeasterly ary Highway 610 in a southwesterly in a northwesterly direction to Second­ direction to its junction with the west direction to Secondary Highway 634; ary Highway 646; thence, following bank, of the Nansemond River. thence, following Secondary Highway Secondary Highway 646 in a northwest­ (x) That portion of Southampton 634 in a northerly direction to Secondary erly direction to Secondary Highway 620; County bounded by a line beginning at Highway 635; thence, following Sec­ thence, following Secondary Highway the junction of State Primary Highway ondary Highway 635 in a northerly di­ 620 in a northeasterly direction to 35 and State Secondary Highway 658; rection to U.S. Highway 340 ; thence, fol­ Secondary Highway 652; theiice, follow­ thence, following State Secondary High­ lowing U.S. Highway 340 in a north­ ing Secondary Highway 652 in a south­ way 658 in a southerly direction to State easterly direction to its junction with easterly direction to its junction with Secondary Highway 675; thence, follow­ U.S. Highway 250. U.S. Highway 258. ing State Secondary Highway 675 in a (iii) That portion of Goochland (vii) The adjacent portions of Isle of northeasterly direction to State Second­ County bounded by a line beginning at Wight and Surry Counties bounded by a ary Highway 731; thence, following State the junction,of Interstate Highway 64 line beginning at the junction of Second­ Secondary Highway 731 in a south­ and the Goochland-Henrico County line; ary Highways 617 and 626; thence, fol­ easterly direction to the Swamp Creek; thence, following the Goochland-Henrico lowing Secondary Highway 626 in a thence, following the south bank of the County line in a southerly direction to southeasterly direction to Secondary Swamp Creek in a northeasterly direction Primary Highway 6; thence, following Highway 621; thence, following Second­ to the Nottaway River; thence, following Primary Highway 6 in a northwesterly ary Highway 621 in a southwesterly di­ the west bank of the Nottoway River in direction to Secondary Highway 644; rection to Secondary Highway 680; a southeasterly direction to State Sec­ thence, following Secondary Highway thence, following Secondary Highway ondary Highway 671; thence, following 644 in a northerly direction to Secondary 680 in a southeasterly direction to Sec­ State Secondary Highway 671 in a south­ Highway 641; thence, following Second­ ondary Highway 683; thence, following westerly direction to State Secondary ary Highway "641 in a northwesterly Secondary Highway 683 in a southerly Highway 681; thence, following State direction to Secondary Highway 654; direction to Secondary highway 623; Secondary Highway 681 in a southerly thence, following Secondary Highway thence, following Secondary Highway 623 direction to State Secondary Highway 654 in a northeasterly direction to Inter­ in a northwesterly direction to Second­ 672; thence, following State Secondary state Highway 64; thence, following In ­ ary Highway 622; thence, following Sec­ Highway 672 in a generally westerly terstate Highway 64 in a southeasterly ondary Highway 622 in a northwesterly direction to State Secondary Highway direction to its junction with the Gooch­ direction to Secondary Highway 617; 673; thence, following State Secondary land-Henrico County line. thence, following Secondary Highway 617 Highway 673 in a northwesterly direction in a northeasterly direction to its junc­ (iv) That portion of Goochland to State Secondary Highway 671; thence, County bounded by a line beginning at tion with Secondary Highway 626. the junction of Secondary Highway 609 (viii) That portion of Nansemond following State Secondary Highway 671 and Secondary Highway 615; thence, fol­ County bounded by a line beginning at in a southwesterly direction to State

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 RULES AND REGULATIONS 4699

Secondary Highway 665; thence, follow­ (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, 120, 121, 123-126, 134b, 134f), Part 76, ing State Secondary Highway 665 in a 32 Stat. 791-792, as amended, secs. 1-4, 33 Title 9, Code of Federal Regulations, re­ Stat. 1284, 1265, as amended, sec. 1, 75 Stat. northwesterly direction to State Second­ stricting the interstate movement of 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. swine and certain products because of ary Highway 668; thence, following State 111, 112, 113, 114g, 115, 117, 120, 121, 123-126, Secondary Highway 668 in a north­ 134b, 134f; 29 F.R. 16210, as amended) hog cholera and other communicable westerly direction to State Secondary swine diseases, is hereby amended in the Highway 669; thence, following State Effective date. The foregoing amend­ following respects: Secondary Highway 669 in a north­ ments of § 76.2 shall become effective 1. In § 76.2, the introductory portion in easterly direction to State Secondary upon issuance. paragraph (e) is amended by adding Highway 658; thence, following State The amendments quarantine a portion thereto the name of the State of Iowa. Secondary Highway 658 in a north­ of Southampton County in Virginia be­ 2. In § 76.2, a new paragraph (e) (21) easterly direction to State Secondary cause of the existence of hog cholera. relating to the State of Iowa is added to Highway 696; thence, following State This action is deemed necessary to pre­ read: Secondary Highway 696 in a south­ vent further spread of the disease. The (e) * * * easterly direction to State Primary High­ restrictions pertaining to the interstate (21) Iowa. The adjacent portions of way 35; thence, following State Primary movement of swine and swine products Madison and Warren Counties com­ Highway 35 in a northeasterly direction from or through quarantined areas as prised of all of Lee Township in Madison to its junction with State Secondary contained in 9 CFR Part 76, as amended, County and the adjacent portion of Linn Highway 658. will apply to the area quarantined. Township in Warren County lying west (xi) The adjacent portions of Surry The amendments also exclude a por­ of Interstate Highway 35. and Sussex Counties bounded by a line tion of Nash County, N. C. from the areas 3. In § 76.2, in paragraph (e) (19) re­ beginning at the junction of Secondary heretofore quarantined because of hog lating to the State of Virginia, subdivi­ Highways 612 and 611; thence, fbllowing cholera. Therefore, the restrictions per­ sion (viii) relating to Nansemond Secondary Highway 611 in a southeast­ taining to the interstate movement of County is deleted. erly direction to Secondary Highway swine and swine products from or (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, 616; thence, following Secondary High­ through quarantined areas as contained 32 Stat. 791-792, as amended, secs. 1-4, 33 way 616 in a southwesterly direction to in 9 CFR Part 76, as amended, will not Stat. 1264, 1265, as amended, sec. 1, 75 Stat. Secondary Highway 615; thence, follow­ apply to the excluded area. However, the 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. ing Secondary Highway 615 in a gen­ restrictions pertaining to the interstate I l l , 112, 113, 114g, 115, 117, 120, 121, 123- erally southerly direction to Secondary movement from nonquarantined areas 126, 134b, 134f; 29 F.R. 16210, as amended) Highway 604; thence, following Second­ contained in said Part 76 will apply to Effective date. The foregoing amend­ ary Highway 604 in a southwesterly the excluded area. ments shall become effective upon is­ direction to Secondary Highway 603; The provisions also include without suance. thence, following Secondary Highway substantive amendments the texts of The amendments quarantine portions 603 in a northerly direction to Second­ § 76.2 (f ) and (g) which continue in of Madison and Warren Counties in Iowa ary Highway 613; thence, following effect. In this respect, the provisions ‘do because of the existence of hog cholera. Secondary Highway 613 in a northwest­ not change the rights or duties of any This action is deemed necessary to pre­ erly direction to U.S. Highway 40; person. vent further spread of the disease. The thence, following U.S. Highway 40 in a Insofar as the amendments impose cer­ restrictions pertaining to the interstate northeasterly direction to Secondary tain further restrictions necessary to movement of swine and swine products Highway 615; thence, following Second­ prevent the interstate spread of hog from or through quarantined areas as ary Highway 615 in a southeasterly di­ cholera, they must be made effective im­ contained in 9 CFR Part 76, as amended, rection to Secondary Highway 612; mediately to accomplish their purpose in will apply to such counties. thence, following Secondary Highway the public interest. Insofar as they relieve The amendments also exclude a por­ 612 in a northeasterly direction to its restrictions, they should be made effec­ tion of Nansemond County in Virginia junction with Secondary Highway 611. tive promptly in order to be of maximum from the areas heretofore quarantined . (20) The Commonwealth of Puerto benefit to affected persons. because of hog cholera. Therefore, the Rico. The entire Commonwealth. Accordingly, under the administrative restrictions pertaining to the interstate (f) Notice is hereby given that there procedure provisions in 5 U.S.C. 553, it is movement of swine and swine products is ho clinical evidence that the virus of found upon good cause that notice and from or through quarantined areas as hog cholera exists in swine in the follow­ other public procedure with respect to contained in 9 CFR Part 76, as amended, ing States, that systematic procedures the amendments are impracticable, un­ will not apply to the excluded area, but are in effect to detect and eradicate the will continue to apply to the quarantined disease should it appear within any of necessary, and contrary to the public in­ areas described in § 76.2. Further, the re­ such States, and that such States are terest, and good cause is found for strictions pertaining to the interstate designated as hog cholera eradication making them effective less than 30 days movement from nonquarantined areas States: ... . ■ after publication in the F ederal R e g ist e r . contained in said Part 76 will apply to California. Florida. the area excluded from quarantine. Connecticut. Michigan. Done at Washington, D.C., this 12th Insofar as the amendments impose Delaware. New Mexico. day of March 1970. certain further restrictions necessary to (g) Notice is hereby given that a period R . J. A n d e r s o n , prevent the interstate spread of hog of more than 1 year has passed since Acting Administrator, cholera they must be made effective im­ there has been clinical evidence that the Agricultural Research Service. mediately to accomplish their purpose virus of hog cholera exists in the follow­ [F.R. Doc. 70-3233; Filed, Mar. 17, 1970; in the public interest. Insofar as they ing States, that more than 1 year has 8:46 a.m.] relieve restrictions, they should be made passed since systematic procedures were effective promptly in order to be of maxi­ Placed in effect to exclude the virus of mum benefit to affected persons. hog cholera and to detect and eradicate PART 76— HOQ CHOLERA AND the disease should it appear within any OTHER COMMUNICABLE SWINE Accordingly, under the administra­ of such States, and that the virus of hog DISEASES tive procedure provisions in 5 U.S.C. 553, cholera has been eradicated from such it is found upon good cause that notice States and such States are designated as Areas Quarantined and other public procedure with respect hog-cholera-free States: Pursuant to provisions of the Act of to the amendments are impracticable, Alaska. Utah. May 29, 1884, as amended, the Act of unnecessary, and contrary to the public Idaho. Vermont. February 2, 1903, as amended, the Act interest, and good cause is found for Montana. Washington. of March 3, 1905, as amended, the Act of making them effective less than 30 Nevada. West Virginia. North Dakota. Wisconsin. September 6,1961, and the Act of July 2, days after publication in the F ederal Oregon. Wyoming. 1962 (21 U.S.C. 111-113, 114g, 115, 117, R eg ist e r .

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4700 RULES AND REGULATIONS

Done at Washington, D.C., this 12th Section 70.24 of 10 CFR Part 70 is tion Administration promulgated a pro­ day of March 1970. amended by adding the following note posed rule which would alter the Hope- thereto: R . J. A n d e r s o n , well, Va., Transition Area. Acting Administrator, N ote: Subparagraph 70.24(a) (1) is not in­ Interested parties were given 30 days Agricultural Research Service. tended to require underwater monitoring after publication in which to submit when special nuclear material is handled [FJR. Doc. 70-3262; Filed, Mar. 17, 1970; and stored beneath water shielding. written data or views. No objections to 8:49 a.m.] the proposed regulations have been re­ (Sec.’ 161, 68 Stat. 948; 42 U.S.C. 2201) ceived. Dated at Washington, D.C., this 12th In view of the foregoing, the proposed day of March 1970. Title 10— ATOMIC ENERGY regulations are hereby adopted effective For the Atomic Energy Commission. 0901 G.m.t. April 30, 1970. Chapter I— Atomic Energy W. B. M cCool, (Sec. 307(a), Federal Aviation Act of 1958, Commission Secretary. 72 Stat. 749; 49 U.S.C, 1348; sec. 6 (c ), Depart­ ment of Transportation Act, 49 U.S.C. [FJR. Doc. 70-3242; Filed, Mar. 17, 1970; 1655(c)) PART 70— SPECIAL NUCLEAR 8:47 a.m.] MATERIAL Issued in Jamaica, N.Y., on February Criticality Monitoring Requirements 27, 1970. Section 70.24 of the Atomic Energy Title 14— AERONAUTICS AND W a y n e H e n d e r sh o t , Commission’s regulation “Special Nu­ Acting Director, Eastern Region. clear Material,” 10 CFR Part 70, provides SPACE Amend § 71.181 of Part 71 of the Fed­ that a licensee who is authorized to Chapter I— Federal Aviation Admin­ eral Aviation Regulations so as to delete possess in excess of 500 grams of con­ tained I P 6, 300 grams of plutonium, or istration, Department of Transpor­ the description of the Hopewell, Va., 300 grams of U238 shall maintain a radia­ tation transition area in its entirety and insert tion monitoring system which will ener­ [Airspace Docket No. 69-EA-159] the following in lieu thereof: gize clearly audible alarm signals in the PART 71— DESIGNATION OF FEDERAL That airspace extending upward from 700 event a condition of accidental critical­ feet above the surface within a 5-mile radius ity occurs which generates radiation AIRWAYS, CONTROLLED AIRSPACE, of the center, 37*18'20'' N., 77°13'10" W., of levels of 300 rems per hour 1 foot from AND REPORTING POINTS Hopewell Airport and within 1.5 miles each the source of the condition. side of the Hopewell VORTAC 253° radial Alteration of Transition Area extending from the 5-mile radius area to Section 70.24, when originally pub­ the VORTAC excluding the portion that lished, was concerned primarily with the On page 631 of the F ederal R egister coincides with the Richmond, Va., transition handling of unirradiated fuel in facili­ for January 17, 1970, the Federal Avia­ area. ties where the fuel is handled unshielded. tion Administration published a proposed It is common practice at production and [F.R. Doc. 70-3217; Filed, Mar. 17, 1970; rule which would alter the Franklin, Va., 8:45 a.m.] utilization facilities handling irradiated transition area. fuels to store such materials in water- Interested parties were given 30 days filled storage basins that provide both after publication in which to submit writ­ cooling and shielding. Where special nu­ Chapter V— National Aeronautics and ten data or views. No objections to the Space Administration clear material is handled in such pools, proposed regulations have been received. protection of personnel, as required by In view of the foregoing, the proposed PART 1221— NASA OFFICIAL SEAL, § 70.24, is provided by monitoring sys­ regulations are hereby adopted effective INSIGNIA, OFFICIAL ASTRONAUT tems in the work areas. 0901 G.m.t. April 30, 1970. BADGES, AND FLAGS Section 70.24 could be construed, how­ (Sec. 307(a), Federal Aviation Act of 1958, 72 1. Part 1221 revised in its entirety as ever, as requiring additional monitoring Stat. 749; 49 U.S.C. 1348; sec. 6 (c ), Depart­ of each individual unit of material be­ ment of Transportation Act, 49 U.S.C. follows: neath the water shielding. This could 1655(c)) require an extensive underwater moni­ 1221.100 Scope. ♦ toring system without significant in­ Issued in Jamaica, N.Y., on Febru­ 1221.101 Establishment of the NASA Seal. crease in the protection of personnel over ary 27, 1970. 1221.102 Establishment of the NASA In­ that provided by the already existing W a y n e H e n d e r s h o t , signia. Acting Director, Eastern Region. 1221.103 Establishment of Official NASA systems. Astronaut Badges. The Commission is amending § 70.24 Amend § 71.181 of Part 71 of the Fed­ 1221.104 Policy. by adding a note thereto which will clar­ eral Aviation Regulations so as to delete 1221.105 The Official NASA Flag. ify that underwater monitoring is not re­ the description of the Franklin, Va., 1221.106 Administrator’s Deputy Adminis­ quired by § 70.24 when special nuclear transition area and insert in lieu thereof: trator’s, and Associate Adminis­ material is handled and stored beneath trator’s Flags. That airspace extending upward from 700 1221.107 Compliance and enforcement. water shielding. feet above the surface within a 6.5-mile 1221.108 Illustration of the NASA Seal. Because this amendment relates solely radius of the center, 36°41'50'' N., 76°54'15" 1221.109 Illustration of the NASA Insignia. to clarification and is intended to provide W. of John Beverly Rose Field-Franklin A u t h o r it y : The provisions of this Part relief from, rather than to impose, re­ Municipal Airport; and within 3.5 miles each strictions under regulations currently in side of the 083° bearing from 36®42'07" N., 1221 issued pursuant to 42 U.S.C. 2472(a) 76°53'20" W., extending from this point to and 2473(b) (1). effect, the Commission has found that 11.5 miles east. good cause exists for omitting notice of § 1221.100 Scope. * proposed rule making, and public pro­ [F.R. Doc. 70-3216; Filed, Mar. 17, 1970; 8:45 a.m.] This part séts forth the policy govern­ cedure thereon, as unnecessary, and for ing the use of the official NASA Seal, the making the amendment effective upon NASA Insignia, official NASA Astronaut publication in the F ederal R e g ister . [Airspace Docket No. 69-EA-158] - Pursuant to the Atomic Energy Act of Badges, and the NASA Flags. PART 71— DESIGNATION OF FEDERAL § 1221.101 Establishment o f the NASA 1954, as amended, and sections 552 and AIRWAYS, CONTROLLED AIRSPACE, 553 of title 5 of the United States Code, Seal. the following amendment to Title 10, AND REPORTING POINTS The official NASA Seal, as illustrated Chapter I, Code of Federal Regulations, Alteration of Transition Area in § 1221.108. was established by Execu­ Part 70, is published as a document sub­ tive Order 10849 (24 F.R. 9559), Novem­ ject to codification, to be effective upon On page 630 of the F ederal R egister ber 27, 1959, as amended by Executive publication in the F ederal R e g ist e r . for January 17, 1970, the Federal Avia­ FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 RULES AND REGULATIONS 4701

Order 10942 (24 F.R. 4419), May 22,1961. documents, at the discretion of the (viii) Certificates (NASA Forms 699A Hie NASA Seal, established by the Presi­ Administrator. and 699B) covering authority for NASA dent, is the Official Seal of the Agency (5) Plaques: the design of the NASA and contractor security personnel to and symbolizes the achievements and Seal may be incorporated in plaques for carry firearms. goals of NASA and the United States in display in Agency auditoriums, presenta­ (ix) NASA occupied buildings when aeronautical and space activities. tion rooms, lobbies, offices of senior the use of the NASA Insignia is more § 1221.102 Establishment o f the NASA officials, and on the fronts of buildings appropriate than use of the NASA Seal. Insignia. occupied by NASA (see paragraph (e) of (2) Personal Articles—NASA Em­ this section). ployees. (i) Business calling cards of (a) The NASA Insignia, as illustrated (6) The NASA Flag, and the Admin­ NASA employees may carry the imprint in § 1221.109, was designed by the Army istrator’s, Deputy Administrator’s, and of the NASA Insignia. Institute of Heraldry, and approved by Associate Administrator’s Flags, which (ii) Limited usage on automobiles. If the Commission on Pine Arts and the incorporate the design of the NASA Seal. determined appropriate by the cognizant NASA Administrator. It symbolizes (7) Official films prepared by or for installation official, it is acceptable to NASA's role in aeronautics and space, NASA, which are determined to warrant place a NASA Insignia sticker on per­ and is to be used in matters of a general such identification by the Assistant sonal automobiles where such identifica­ and less formal nature than those re­ Administrator for Public Affairs, or his tion will facilitate entry or control of served for the NASA Seal. Any change to designee. such vehicles at NASA installations or the description of the NASA Insignia re­ (8) Official NASA prestige publica­ parking areas. quires the written approval of the Ad­ tions which represent the achievements (iii) Personal items used in connec­ ministrator, the Army Institute of or mission of NASA as a whole. tion with officially recognized NASA em­ Heraldry, and the Commission on Pine (9) Official publications (or docu­ ployees’ recreation association activities. Arts. ments) involving participation by an­ (iv) Items for sale to NASA employees (b) The NASA Insignia as described in other Government agency for which the only through NASA employees’ nonap- paragraph (a) of this section and the other Government agency has authorized propriated fund activities. NASA Astronaut Badges as described in the use of its seal. § 1221.103 are the only official insignia Use of the NASA Seal for any other Use of the NASA Insignia for any other authorized for use in representing NASA purposes than those prescribed in this purposes than those prescribed in this or any of its programs. paragraph (b) of this section is pro­ paragraph (c) is prohibited, except that (c) Prior to the use of any other in­ hibited, except that the Executive Sec­ the Associate Administrator for Organi­ signia, the proposed insignia and its use retary may authorize, on a case-by-case zation and Management (or his desig­ must be approved in writing by the basis, the use of the NASA Seal for other nee) may authorize, on a case-by-case Administrator and submitted to the purposes than those covered by para­ basis, the use of the NASA Insignia for Army Institute of Heraldry and the Com­ graph (b) of this section when in his other purposes than those covered by mission on Pine Arts for approval. I f judgment such use would be appropriate. paragraph (c) of this section when in approved, the insignia and use of such (c) The NASA Insignia. The NASA his judgment such use would be insignia must be prescribed in this Part Insignia is authorized for use on the appropriate. following: (d) NASA Astronaut Badges. (1) O f­ (1) Official NASA Articles, (i) Wear­ficial Astronaut Badges will be restricted § 1221.103 Establishment o f Official to use by the astronauts, and to such NASA Astronaut Badges. ing apparel and personal property items used by NASA employees in performance other uses as the Administrator (or his A separate and unique badge shall be of their official duties. designee) may specifically approve. designed in connection with or in com­ (2) Specific approval is given for the memoration of each manned flight mis­ (ii) Required uniforms of contractor following uses: sion for the particular astronauts employees when performing official guard (i) Use of exact reproductions of a involved. Each such badge shall be ap­ or fire protection duties within NASA badge in the form of a patch made of proved by the Administrator or his installations or at other assigned NASA cloth or other material, a decal, or a designee and shall be officially identified duty stations, and on any required con­ gummed sticker, on articles of wearing by its title, such as the “Apollo 8 Badge,” tractor-owned vehicles used exclusively apparel and personal property items; and etc. Collectively these badges will com­ in the performance of these official (ii) Use of exact renderings of a badge prise the official NASA Astronaut Badges. duties, when authorized by NASA con­ on a coin, medal, plaque, or other com­ The policy concerning the use of the tracting officers. memorative souvenirs. NASA Astronaut Badges is set forth in (iii) Aircraft, automobiles, trucks, and (3) The manufacture and sale or free § 1221.104(d). similar vehicles owned by, leased to, or distribution of badges for the uses ap­ contractor-furnished to NASA, or pro­ § 1221.104 Policy. proved or that may be approved under duced for NASA by contractors, but ex­ subparagraphs (1) and (2) of this para­ (a) The official NASA Seal, the NASAcluding NASA-owned vehicles used and graph (d) are authorized. insignia, the official NASA Astronaut operated by contractors. (4) Portrayal of an exact reproduction •Badges and the NASA Flags, as pre­ (iv) Equipment and facilities owned of a badge in conjunction with the ad­ scribed in this part, shall be used by, leased to, or contractor-furnished to vertising of any product or service may exclusively to represent NASA and its NASA, such as machinery, major tools, be approved on a case-by-case basis. Programs. Such use shall be governed by ground handling equipment, office and (5) The manufacture, sale, or use of ne policies set forth in this section and shop furnishings (if appropriate), and any colorable imitation of the design of i 11 1221.105. Their misuse shall be sub­ similar items of a permanent nature, in­ an official Astronaut Badge will not ordi­ ject to the penalties authorized by cluding those produced for NASA by narily be approved. statute, as set forth in paragraph (f) of contractors. (e) Custody of NASA Seal. The Exec­ this section. (v) Official NASA pamphlets, manuals, utive Secretary shall be responsible for ktaqa NASA Seal. The use of the handbooks, bulletins, general reports, custody of the NASA impression Seal and ®ea,l Is restricted to the following: posters, signs, charts, and items of a custody of NASA replica (plaques) seals. Q) NASA award certificates and medals. similar nature for general use, other than (f) Violations— (1) NASA Seal. Any those covered in paragraph (b) (8) and person who uses the official NASA Seal 4, (2) Security credentials and emploi (9) of this section. identification cards. in a manner other than as authorized in (vi) Honorary service pins or other this part shall be subject to the provi­ (3) NASA letterhead stationery. official means of recognizing service or sions of 18 U.S.C. 1017, which provides „ ^ Administrator’s documents: t meritorious acts other than those de­ as follows: i may be used on documents su scribed in paragraph (b )(1 ) of this G overnm ent Seals W rongfully U sed and „mi „rcragcncy or intergovernmen section. Instr um ents W rongfully Sealed p E f 16?1® and sI}ecial reports to t (vii) Briefcases or dispatch cases is­ resident and Congress, and on otl Whoever fraudulently or wrongfully af­ sued by NASA. fixes or impresses the seal of any department

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4702 RULES AND REGULATIONS or agency of the United States, to or upon (a) The size of the flags is 3 feet by any certificate, instrument, commission, 4 feet; Title 21— FOOD AND DRUGS document, or paper or with knowledge of its (b) The Administrator’s Flag has four fraudulent character, with wrongful or stars; Chapter I— Food and Drug Adminis­ fraudulent intent, uses, buys, procures, sells, tration, Department of Health, Edu­ or transfers to another any such certificate, (c) The Deputy Administrator’s Flag instrument, commission, document, or paper, has three stars; and cation, and Welfare (d) The Associate Administrator’s to which or upon which said seal has been so SUBCHAPTER A— GENERAL fraudulently affixed or impressed, shall be Flag has two stars. fined not more $5,000 or Imprisoned not more These flags shall be displayed with the PART 3— sta tem en ts o f g en er a l than 5 years, or both. (June 25, 1948, ch. U.S. Flag in the respective offices but POLICY OR INTERPRETATION 645, 62 Stat. 753.) may be temporarily removed for use at (2) NASA Insignia and Astronaut the discretion of the incumbent. Combinations of Nutritive and Non­ Badges. Any person who uses the NASA § 1221.107 Compliance and enforce­ nutritive Sweeteners in “Diet Insignia or official NASA Astronaut ment. Beverages” Badges in a manner other than as au­ In order to ensure adherence to the In the F ederal R eg ister of January 9, thorized in this part shall be subject to 1970 (35 F.R. 362), the Commissioner of the provisions of 18 U.S.C. 701 which authorized uses of the NASA Seal, the NASA Insignia, official NASA Astronaut Food and Drugs proposed an expansion provides as follows: Badges, and the NASA Flags as pro­ of § 3.72 Combinations of nutritive and Official B adges, Identification Cards, vided herein, a report of each suspected nonnutritive sweeteners in “diet bever­ Other I nsig n ia violation of this Part 1221 (including the ages to provide for continued use of Whoever manufactures, sells, or possesses use of unauthorized NASA insignias), lithographed returnable soft drink bot­ any badge, identification card, or other in­ or of questionable usages of the NASA tles under specified conditions (§3.72 signia, of the design prescribed by the head Seal, the Insignia, official NASA Astro­ was proposed November 25, 1969 (34 F.R. of any department or agency of the United naut Badges, or the NASA Flags shall be 18820), and adopted January 29, 1970 (35 States for use by an officer or employee F.R. 1162)). In response to the January thereof, or any colorable imitation thereof, or submitted to the Director of Inspections photographs, prints, or in any other manner in accordance with NM I 1960.1. 9 proposal, six comments were received. All persons filing comments supported makes or executes any engraving, photo­ § 1221.108 Illustration o f the NASA the proposal to permit continued use of graph, print, or impression in the likeness Seal. of any such badge, identification card, or present stocks of returnable lithographed other insignia, or any colorable imitation bottles bearing statements indicating thereof, except as authorized under regula­ that the beverages contain cyclamates tions made pursuant to law, shall be fined and declarations such as “sugar free,” not more than $250 or imprisoned not more than 6 months or both. (June 25, 1948, ch. “less than 1 calorie per bottle,” and “less 645 62 Stat. 731.) than 2 calories per bottle.” Most of those filing comments objected § 1221.105 The Official NASA Flag. to the provision that would limit to 1 (a) Establishment. The official NASA year the period for continued use of such Flag was created by the Administrator bottles. Instead they requested a period in January 1960. The NASA Flag is 4 feet of 5 years. In support of their position 4 inches by 5 feet 6 inches in size with a they claimed that: (1) The average life 30-inch diameter NASA Seal incorpo­ of returnable bottles is 5 years, (2) it rated in the center of a blue field, and would be impossible for the glass industry with a yellow fringe, (Reference: Army to provide all bottlers with complete re­ QMG Dwg. 5-1-269, rev. Sept. 14, 1960.) placement within 1 year, and (3) the in­ (b) Policy. (1) The NASA Flag is au­ ventories of returnable bottles constitute thorized for use as follows: a major part of the capital investment (1) On or in front of NASA installa­ of small bottlers who would be bank­ tion buildings. rupted if forced to absorb such loss in a (ii) At NASA ceremonies. single year. The Commissioner concludes (iii) At conferences (including dis­ that the bottlers should be permitted to play in NASA conference rooms). § 1221.109 Illustration of the NASA use these returnable bottles until Octo­ (iv) At governmental or public ap­ Insignia. ber 1, 1972. pearances of NASA executives. The Paperboard Packaging Council (v) In private offices of senior officials. and others suggested that the designa­ (vi) As otherwise authorized by the tion “six-pack cartons” be changed to Administrator or his designee. “ multi-pack carbons,” since diet bever­ ages are packaged in carriers holding (2) The NASA Flag must always be four, six, or eight bottles. This sugges­ displayed with the U.S. Flag. When the tion is adopted. U.S. Flag and the NASA Flag are dis­ played on a speaker’s platform . in an Those opposing the proposed require­ auditorium, the U.S. Flag must occupy ment that “cartons must be so con­ the position of honor and be placed at structed as to be high enough to cover the NASA representative’s right as he all the labeling appearing on the shoulder faces the audience, with the NASA Flag or necks of the bottles as they would at his left. normally be held for sale at retail” claimed it would take weeks, and prob­ § 1221.106 Administrator’s, Deputy Ad­ ably months, to design such cartons and ministrator’s, and Associate Admin­ to modify present carton manufacturing istrator’s Flags. equipment before the cartons could be Concurrently with the establishment produced. Most bottlers do not have of the official NASA Flag in January Effective date: The provisions of this equipment to pack bottles automatically 1960, the Administrator also established Part 1221 are effective upon publication in such high cartons. O f more impor­ NASA Flags to represent the Adminis­ in the F ederal R eg iste r . tance, bottlers do not have equipment to trator, Deputy Administrator, and Asso­ W . P a in e , automatically remove empty bottles from ciate Administrator. Each of these flags Administrator. cartons for washing and sanitizing, and conforms to the basic design of the offi­ [F.R. Doc. 70-3183; Filed, Mar. 17, 1970; lack room for removing the empty bot­ cial NASA Flag except that: 8:45 a.m.] tles by hand. Present equipment would

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 RULES AND REGULATIONS 4703

tear the cartons and jam equipment with trary to that on the cartons should be ingly, it is hereby determined that for pieces of paperboard, thus causing in­ disregarded because it is incorrect. T o purposes of computing the 1969 income adequate washing and sanitizing of the assure adequate prominence and con­ tax for foreign corporations carrying on bottles. spicuousness, the following statements a life insurance business a percentage of Regarding the proposed alternative should stand out in marked contrast with 15.5 shall be used in determining the use of individually applied neckbands or other labeling: The statement of caloric “minimum figure” under section 819. sticker labels, objectors claimed the cost content and carbohydrate content per It is presently anticipated that the of applying and removing neckbands fluid ounce, the statement required by data with respect to domestic life insur­ would be prohibitive. If not removed, the paragraph (d) (3) or (4) of this section ance companies for 1969 required for the neckbands, like paperboard from tom as applicable, and the notice to disregard computation of the percentage to be used cartons, would jam equipment, causing any information on bottles which is con­ by foreign corporations carrying on a bottles to be inadequately washed- and trary to that on the cartons. These state­ life insurance business in computing sanitized. ments may be made to stand out by their estimated tax for the taxable year Furthermore, the opinion was ex­ means such as setting them forth in 1970 will not be available in time for the pressed that merely hiding the contra­ boxes, printing in bold capitals on lines filing of the declaration of estimated tax dictory statements on bottles would not separated from other printed labeling, for such taxable year. Accordingly, it is end consumer confusion as to which in­ using colors that contrast with those used hereby determined that for purposes of formation is correct. The National Soft for other label statements, or other sim­ computing the estimated tax for the tax­ Drinks Association and others expressed ilar means. able year 1970 and payments of install­ the opinion that confusion could best be (ii) In vending machines bearing dur­ ments thereof by such corporation a per­ ended by prominently placing on regular able labeling which includes all the in­ centage of 15.5 (the percentage appli­ cartons the correct information together formation required to appear on cartons cable for 1969) _ shall be used in deter­ with a notice that any contradictory dec­ set forth with the same degree of mining the minimum figure under section larations on the bottles are not correct prominence. 819. No additions to tax shall be made be­ and should be ignored. The Commis­ (2) In addition, the bottles must bear cause of any underpayment of estimated sioner concludes that this proposal is caps labeled prominently with the word tax for the taxable year 1970 which re­ feasible and appears likely to minimize “New,” the words “Contains Sugar” or sults solely from the use of this percent­ confusion. “ Contains Carbohydrates,” and accurate age. It was also suggested that provision statements of the caloric content and • Because the percentage announced in be made for continued use of the return­ carbohydrate content per fluid ounce. this Treasury decision is computed from able bottles in vending machines bear­ (Secs. 201 (s ), 403, 409, 701(a), 52 Stat. 1047- information contained in the income tax ing prominent labeling identical with 48, as amended, 1055, 72 Stat. 1784-89, as returns of domestic life insurance com­ that to be required on cartons. In such amended: 21 U.S.C. 321 (s ), 343, 348, 371(a)) panies for the year 1968, which are not machines the bottles are usually so Dated: March 10,1970. open to public inspection, the public ac­ placed that only the cap Is visible to cordingly cannot effectively participate prospective purchasers. The Commis­ S a m D. F i n e , in the determination of such figure. sioner concludes that continued use of Associate Commissioner Therefore, it is found that it is unneces­ the lithographed bottles in vending ma­ for Compliance. sary to issue this Treasury decision with chines should be permitted. [F.R. Doc. 70-3243; Filed, Mar. 17, 1970; notice and public procedure thereon un­ Therefore, pursuant to provisions of 8:47 a.m.] der section 553(b) of title 5 of the United the Federal Food, Drug, and Cosmetic States Code (Public Law 89-554, 80 Stat. Act (sections 201 (s), 403, 409, 701(a), 52 383), or subject to the effective date lim­ Stat. 1047-48, as amended, 1055, 72 Stat. itation of subsection (d) of such section. 1784-89, as amended; 21 U.S.C. 321 (s), Title 26-INTERNAL REVENUE 343, 348, 371(a)) and under authority [ s e a l ] J o h n S. N o l a n , delegated to the Commissioner (21 CFR Chapter I— Internal Revenue Service, Acting Assistant Secretary 2.120), §3.72 is amended by adding Department of the Treasury of the Treasury. thereto a new paragraph, as follows: M arch 13, 1970. SUBCHAPTER A— INCOME TAX [F.R. Doc. 70-3239; Filed, Mar. 17, 1970; § 3.72 Combinations o f nutritive and [T.D. 7033] nonnutritive sweeteners in “ diet bev­ 8:47 a.m. erages.” PART 1— INCOME TAX; TAXABLE ***** YEARS BEGINNING AFTER DE­ SUBCHAPTER D— MISCELLANEOUS EXCISE TAXES (e) Bottlers of diet drinks have on CEMBER 31, 1953 [T.D. 7034] hand large stocks of returnable litho­ graphed bottles bearing statements indi­ Percentage To Be Used by Foreign PART 143— TEMPORARY EXCISE TAX cating that the beverages contain cycla- Life Insurance Companies in Com­ REGULATIONS UNDER THE TAX RE­ mates and/or declarations such as “sugar puting Income Tax for Taxable FORM ACT OF 1969 free,” “less than 1 calorie per bottle,” or Year 1969 and Estimated Tax for “less than 2 calories per bottle” which Taxable Year 1970 Government Officials on Leave of bottles were formerly used for arti­ Absence ficially sweetened beverages containing Section 819 of the Internal Revenue cyclamates. Because it will take months Code of 1954 provides for the determin­ The following regulations relate to the for bottlers to replace these with new, ation of a percentage to be used in de­ application of section 4941 of the Inter­ properly labeled returnable bottles, the termining a “minimum figure” for each nal Revenue Code of 1954, as added by Food and Drug Administration will not foreign corporation carrying on a life section 101 (b) of the Tax Reform Act of object to continued use of these bottles insurance business. Where this minimum 1969 (83 Stat. 500) to a “ government within the period ending October 1,1972, figure exceeds such a corporation’s sur­ official” as defined in section 4946(c), as under the following conditions: plus held in the United States, the added by that Act (83 Stat. 516). (1) The bottles when filled with bev- amount of the “policy and other con­ The regulations set forth herein are erages made with combinations of nu­ tract liability requirements” (determined temporary and are designed to explain tritive and nonnutritive sweeteners may under section 805 without regard to sec­ for the period prior to the issuance of be marketed only : tion 819), and the amount of the “ re­ final regulations, or the withdrawal or , ^ Tn multiunit cartons labeled prom- quired interest” (determined under sec­ modification of these temporary regu­ mently on each principal display panel tion 809(a) without regard to section lations the application of the taxes im­ with the information set forth in para- 819), must each be reduced by an posed on self-dealing imposed under sec­ s ^ anc* id) of this section and amount determined by multiplying such tion 4941 of the Internal Revenue Code with a prominent, forthright notice that excess by the “current earnings rate” (as of 1954 to “ government officials” who any information on bottles which is con­ defined in section 805 (b)(2)). Accord­ are on leave of absence without pay.

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 No. 53—Ft. i---- 3 4704 RULES AND REGULATIONS

In order to provide such temporary 1970, in the third line from the bottom 3. Accordingly, it is ordered. That ef­ regulations under section 4946(c) of the in § 231.5(a) (4), the word “bill” should fective March 20, 1970, paragraph (11) Internal Revenue Code of 1954, the read “bid”. of § 0.281 of the Commission’s rules and following regulations are adopted: regulations, which presently delegates § 143.4 Government officials on leave of similar authority to the Chief, Broadcast absence. Bureau, in connection with noncommer­ Title 38— PENSIONS, BONUSES, cial educational television broadcast sta­ (a) In general. Section 4941(a) im­ tions, is amended to include delegation of poses certain taxes on each act of self­ authority to grant waivers with regard dealing between a “ disqualified person” AND VETERANS' RELIEF to instructional television fixed stations. and a private foundation. Section Chapter I— Veterans Administration The amended paragraph reads as 4946(a) (1) (I) includes in the term “ dis­ follows: qualified person” a “government official” PART 21— VOCATIONAL REHABILI­ as defined in section 4946(c). TATION AND EDUCATION § 0.281 Authority delegated. (b) Government officials on leave of * * * * * absence. For purposes of section 4941, an Subpart A— Vocational Rehabilita­ (11) To act on requests for waiver of individual Who is otherwise described in tion Under 38 U.S.C. Ch. 31 § 73.651(c) or § 74.931(a) of this chapter, section 4946(c) who was on leave of ab­ R elease o f and R e p a y m e n t for T r a in in g where operation under such requests will sence without pay on December 31, 1969, S u p p l ie s not exceed 10 hours per week, to permit from his position or office pursuant to operation by a noncommercial educa­ a commitment entered into on or before In § 21.243(c), subparagraph (5) is tional television broadcast station or an such date to engage in certain activities amended to read as follows: instructional television fixed station of for which he will be paid by one or more § 21.243 Release of and repayment for their aural transmitters to transmit private foundations, will not be treated training supplies. music accompanied by slides, films, or as holding such position or office for any $ * * * * other visual transmissions. continuous period after December 31, (c) Whether or not the veteran is 4. Since the amendment relates to in­ 1969, and prior to January 1, 1971, dur­ ternal Commission practice the prior ing which such individual remains on found to be at fault, he will not be re­ quired to repay the Veterans Adminis­ notice and effective date provisions of the leave of absence to engage in the same Administrative Procedure Act (5 U.S.C. activities for which he will be paid by tration for supplies furnished him at Veterans Administration expense when: 553) need not be observed. Authority for such foundations. For purposes of the the action taken in this Order appears in preceding sentence a commitment will * * * * • sections 4 (i), 5(d) (1), and 303(r) of the be considered entered into on or before (5) The value of the supplies is less Communications Act of 1934, as amended. December 31, 1969, if on or before such than $25; or date, the amount and nature of the pay­ (Secs. 4, 5, 303 , 48 Stat., as amended, 1066, * # * * * 1068, 1082; 47 U.S.C. 154, 155, 303) ments to be made and the name of the (72 Stat. 1114; 38 U.S.C. 210) individual receiving such payments have Adopted: March 11,1970. This VA regulation is effective the date been entered on the records of the payor, Released: March 13,1970. or have been otherwise adequately evi­ of approval. denced, or the notice of the payment to Approved: March 11,1970. F ederal C ommunications be received has been communicated to C o m m is s io n , the payee orally or in writing. By direction of the Administrator. [ s e a l ] B e n F. W a p l e , Secretary. Because of the need for immediate [ s e a l ] F red B. R h o d e s , guidance with respect to the provisions Deputy Administrator. [F.R. Doc. 70-3264; Filed, Mar. 17, 1970; 8:49 a.m.] contained in this Treasury decision, it [F.R. Doc. 70-3214; Filed, Mar. 17, 1970; is found impracticable to issue it with 8:45 a.m.] notice and public procedure thereon [Docket No. 18346; FCC 70-265] under subsection (b) Of section 553 of title 5 of the United States Code or pa r t 74— EXPERIMENTAL, AUXIL­ subject to the effective date limitation Title 47— TELECOMMUNICATION IARY, SPECIAL BROADCAST, AND OTHER PROGRAM DISTRIBUTIONAL of subsection (d) of that section. Chapter I— Federal Communications (Sec. 78(05, Internal Revenue Code of 1954, Commission SERVICES 68A Stat. 917; 26 U.S.C. 7805) [FCC 70-266] Licensing of ITFS Response Stations [ s e a l ] R a n d o l p h W . T h r o w e r , Commissioner of Internal Revenue. PART 0— COMMISSION In the matter of amendment of Part ORGANIZATION 74, Subpart I of the Commission rules Approved: March 13, 1970. and regulations governing instructional J o h n S. N o l a n , Delegation of Authority to Chief, television fixed stations, to provide for Acting Assistant Secretary Broadcast Bureau the licensing of ITFS response stations of the Treasury. in the band 2686-2690 Mc/s. Order. 1. The Commission has under Second report and order. 1. On Feb­ [P.R. Doc. 70-3240; Piled, Mar. 17, 1970; consideration § 74.931(a) of its rules, 8:47 a.m.] ruary 23, 1968, the Leland Stanford dealing with instructional television fixed Junior University (Stanford) filed a peti­ (IT FS ) stations and their transmission tion (RM-1259) requesting that the of instructional and cultural material in Commission amend its rules so as to pro­ visual form with an associated aural vide for the use of low-powered, voice Title 36— PARKS, FORESTS, channel. modulated radio transmitters in the up­ 2. In cases where waivers of this sec­per 4 Mc/s of the Instructional Televi­ AND MEMORIALS tion are requested to permit operation sion Fixed Station band 2500-2690 Mc/s. Chapter II— Forest Service, by an instructional television fixed sta­ On October 4, 1968, a notice of proposed tion of its aural transmitter to transmit rule making in this matter was released, Department of Agriculture music accompanied by slides, films, or and on July 15,1969, the first report and PART 231—^GRAZING other visual transmissions, and the op­ order was released. The order and rules eration for which such waivers are re­ adopted authorized the use of low-power . Grazing Fees quested does not exceed 10 hours per response stations using voice transmis­ Correction week, it appears that it would make for more efficient administration if the au­ sions at remote classrooms, so that the In P.R. Doc. 70-3032 appearing on page thority to grant such waivers were dele­ students might communicate with the 4399 in the issue for Thursday, March 12, gated to the Chief, Broadcast Bureau. instructor during classroom periods.

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 RULES AND REGULATIONS 4705

Stanford had requested that voice trans­ age such programs. We will certainly Released: March 13,1970. entertain experimental/developmental missions be authorized, and suggested F ederal C ommunications the future use of data transmissions on applications by responsible parties that C o m m is s io n , set forth a program looking forward to these channels. Because of the lack of [ s e a l ] B e n F . W a p l e , specific information in connection with expanded uses and technical develop­ Secretary. the use of data transmissions for this ments for this service, if they show a rea­ service, particularly as to the bandwidth sonable chance of furthering the state Part 74, Subpart I of the Commission’s requirements for the contemplated data of the art. rules is amended in the following transmissions, the Commission on 5. IBM also supports the proposal to respects: July 15,1969, also issued a further notice permit the transmission of data type 1. In § 74.901, the definition for “ITFS of proposed rule making. Comments were transmissions on response channels, and response station” is amended to read as to be filed by August 26, 1969, and reply goes into considerable detail as to possi­ follows: comments by September 8,1969. In para­ ble uses and types of data transmissions, § 74.901 Definitions. graph 2 of the further notice the com­ along with suggested changes in the rules * * * * * mission asked for additional comments to permit these transmissions. It points and information as to the need for and out that although many school systems IT F S response station. A fixed station forms of data transmissions such as push use data processing techniques for ad­ operated at an authorized location to button servicing signals, response evalu­ ministrative tasks, many also use these provide communication by voice and/or ation systems and computer assisted in­ techniques to perform such teacher data signals to an associated instruc­ structional systems, as well as methods tasks as test scoring and preparation of tional television fixed station. of use in the instructional service. It was reports and attendance records. It is said * * * * * requested that information be supplied that many of these schools are seeking 2. Section 74.939(a) is amended to as to the types of modulation to be used ways of adopting these techniques to the read as follows: and the ability to confine these emmis- teaching process itself, and that IBM is sions within the 125 Mc/s response chan­ § 74.939 Special rules governing ITFS currently involved in the research and response stations. nel in accordance with § 74.939(f) of the development of ways to use data process­ rules. ing technology in the teaching process. (a) An ITFS response station is au­ 2. The Commission received commentsIt is concluded that there are many ways thorized to provide communication by or reply comments from the following: in which television and data processing voice and/or data signals with its asso­ Micro-Link Systems of Varian Associ­ techniques can be combined to aid in ciated instructional television fixed sta­ ates (Micro-Link); Stanford University the educational process. Therefore IBM tion for use in instructional or computer- (Stanford) ,* the University of Michigan feels that there is a need for the answer­ assisted communications. Other com­ (Michigan); International Business Ma­ back channels to be used for data signals munications concerning the technical chines Corp. (IB M ); and the National as well as voice. It suggests that the operation of the system may be carried Association of Educational Broadcasters scoring signals could be stored at the on when necessary. (NAEB). Michigan in its brief comments classroom as the students reply to the ***** merely asked that the response station testing and instruction process, and that [F.R. Doc. 70-3263; Filed, Mar. 17, 1970; be authorized to use data transmissions when the instructor wishes the results, 8:49 a.m.] such as computer-assisted instruction in the command signals to trigger the addition to voice, but not limited to transmission of these signals could be voice, and not be limited to any particular sent on the video carrier during the ver­ type of transmission. It was stated that tical retrace time. IBM further states Title 5— ADMINISTRATIVE various types of transmissions would that data signals at the rate used for greatly enhance the use of the ITFS as ITFS response systems applications re­ PERSONNEL a teaching/instructional service. NAEB, quire no more bandwidth than voice in its reply comments, states that cur­ signals, and the adoption of the proposed Chapter I— Civil Service Commission rent developments in high level instruc­ amendment would not require any tional technology cast doubts on the changes in the specifications of the au­ PART 213— EXCEPTED SERVICE value of response transmissions limited thorized answer-back channels, nor the Department of Housing and Urban only to voice response and asks that it allocation of any additional frequencies. Development not be limited to current systems, but 6. In view of the above, it appears that that the rules be constructed in such a there is a need for the use of data type Section 213.3384 is amended to show way that new systems can be accommo­ transmissions on the talk-back channels, a change in the headnote of paragraph dated. NAEB also suggests that the Com­ and that the use of data and voice sig­ (c) and that the position of Deputy As­ mission be willing to authorize experi­ nals over these circuits would be a dis­ sistant Secretary for Renewal and Hous­ mental programs to explore future uses tinct advantage in the instruction proc­ ing Management is excepted under or techniques for this service, and that ess. Therefore, we will amend the rules Schedule C. Effective on publication in these further uses be limited only to to permit the transmission of data sig­ ederal e g ist e r ITFS licensees. the F R , paragraph (c) of nals as well as voice signals on these § 213.3384 is amended as set out below. 3. Stanford in its comments states channels. It should be pointed out that § 213.3384 Department of Housing and that it is convinced that the ability to the same requirements as to bandwidth provide two-way verbal exchange be­ Urban Development. tween remote students and their instruc- and undesired emmissions outside the ***** tors in conjunction with live broadcasts channel will apply as are now required of (c) Office of the Assistant Secretary will be a major factor in the success of voice transmissions. for Renewal and Housing Manage­ televised instruction. It further states 7. Accordingly, it is ordered, That ef­ ment. * * * that it is not in a position at the present fective April, 17, 1970, and pursuant to (8) Deputy Assistant Secretary for time to make specific proposals as to authority contained in sections 4(i) and Renewal and Housing Management. additional types of transmissions. It sug­ ***** gests that the Commission establish 303 (g) and (r) of the Communications a favorable climate for experimentation Act of 1934, as amended, Subpart I of (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- 1958 Comp., p. 218) with various forms of modulation within Part 74 of the Commissions Rules is the established audio channel band- amended to read as set forth below. U n it e d S tates C iv il S er v­ widths already allocated for response 8. I t is further ordered, That this pro­ ic e C o m m is s io n , stations. This was treated in the preced­ [ s e a l ] J a m es C. S p r y , ceeding is terminated. ing paragraph. Executive Assistant to 4. The Commission does not intend t (Secs. 4, 303, 48 Stat., as amended 1066, 1082; the Commissioners. 47 TJ.S.C. 154, 303) discourage any legitimate program of ex [F.R. Doc. 70-3343; Filed, Mar. 17, 1970; penmentation and does in fact encoui Adopted: March 11,1970. 10:36 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4706 Proposed Rule Making

There are two handlers who operate part of the Oregon State marketing area DEPARTMENT OF AGRICULTURE plants which are located in Klamath No. 1 which encompassed all of that Falls in Klamath County. These plants part of Oregon which is now included Consumer and Marketing Service furnish most of the fluid milk which is within the Oregon-Washington market­ [ 7 CFR Part 1124 1 distributed in the county. At least one ing area. The producers who supply the other regulated handler whose plant is Klamath Falls plants have held quotas [Docket No. AO-36&-A2] in Oregon is distributing milk in Klam­ under the Oregon base plan operated by MILK IN THE OREGON- ath County at the present time. This the State Department of Agriculture and handler has a relatively substantial dis­ their milk has been pooled by the State WASHINGTON MARKETING AREA tribution in Klamath County on a with that of all other producers holding Notice of Recommended Decision and regular basis. quotas under such base plan. In antici­ There is.one plant located at Weed, Opportunity To File Written Excep­ pation of the issuance of the Federal Calif., which disposes of milk in Klam­ order some of these producers purchased tions on Proposed Amendments to ath County, Ofeg. The route disposi­ additional quotas under the Oregon Tentative Marketing Agreement tion of this handler in Klamath County, base plan. and to Order while it is a relatively small percentage Klamath County and the immediately of the total sales in the county, repre­ adjacent area produce more milk than Notice is hereby given of the filing with sents approximately 30 percent of the the Hearing Clerk of this recommended is consumed locally. The milk not needed total Class I disposition of the Weed by the two local plants forms a part of decision with respect to proposed amend­ plant. This is sufficient to make the Weed ments to the tentative marketing agree­ the reserve supply for western Oregon. plant a pool plant subject to full regula­ Such milk is regularly moved to plants ment and order regulating the handling tion under the order. The handler who of milk in the Oregon-Washington mar­ at Eugene and Medford, Oreg., for Class operates the Weed plant is the proponent I use. This milk is directed to the Med­ keting area. of the proposal to delete Klamath ford and Eugene plants by the State of Interested parties may file written ex­ County from the marketing area or, in Oregon under the supply-management ceptions to this decision with the Hear­ the alternative, to establish a location provision of the State Milk Act. The ing Clerk, United States Department of differential applicable at Weed. milk is sometimes moved by transfer Agriculture, Washington, D.C. 20250, by It is his contention that being required from the local plants and sometimes by the 7th day after publication of this de­ to pay the full order Class I price on all diversion from producers’ farms at'the cision in the F ederal R e g ist e r . The ex­ his sales places him at a serious com­ direction of the cooperative association ceptions should be filed in quadruplicate. petitive disadvantage with respect to the of which they are members. If Klamath All written submissions made pursuant 70 percent of his fluid distribution which County were deleted from the marketing to this notice will be made available for is made in the State of California. In area, the milk could no longer be re­ public inspection at the office of the California he competes with plants lo­ ceived at Medford and Eugene except as Hearing Clerk during regular business cated at Redding, Sacramento, and Oak­ other source milk, and the dairy farmers hours (7 CFR 1.27(b)). land, Calif. The price the latter plants supplying such milk would no longer be The above notice of filing of the deci­ are required to pay by California law is producers under the Federal order. sion and opportunity to file exceptions less than the Federal order price. thereto are issued pursuant to the provi­ Questions were raised as to whether I f Klamath County were deleted from Klamath County would continue to be sions of the Agricultural Marketing the marketing area, the Weed plant Agreement Act of 1937, as amended (7 subject to State regulation and whether would cease to be subject to regulation the producers supplying the plants in U.S.C. 601 et seq.), and the applicable under the Federal order since its sales in Klamath County would continue to be rules of practice and procedure govern­ the marketing area are confined to that pooled by the State if the County were ing the formulation of marketing agree­ county. The price at such plant would deleted from the Federal marketing area. ments and marketing orders (7 CFR Part then be the applicable price fixed by the The chief of the Milk Stabilization Divi­ 900). State of California. sion of the Oregon Department of Agri­ P r e l im in a r y S t a t e m e n t At the original promulgation hearing culture testified that if Klamath County The hearing on the record of which the proponents of the inclusion of Klamath were deleted from the Federal order mar­ proposed amendments, as hereinafter set County in the marketing area stated keting area, the pricing provisions of the forth, to the tentative marketing agree­ that its inclusion was necessary to pre­ State Milk Act, which are now in abey­ ment and to the order as amended were vent the Klamath Falls plants from ance, would automatically become effec­ formulated, was conducted atr Klamath being at a serious competitive disadvan­ tive with respect to milk received by Falls, Oreg., on January 29, 1970, pur­ tage relative to the Weed plant because Klamath County handlers from Oregon suant to notices thereof which were is­ the California Class I price was below producers. He added, however, that the sued on January 21, 1970, and Jan­ the Oregon Class I price. State could not compute a pool for the uary 22, 1970 (35 F.R. 1018 and 35 F-.R. Klamath County is an integral part Klamath County handlers without 1019). of the Oregon-Washington marketing amendment of the State Milk Act. He The material issues on the record of area. As noted above, in addition to the further noted that the State would have the hearing relate to: two Klamath Falls plants, at least one no authority to enforce its producer 1. Deletion of Klamath County, other regulated handler whose plant is prices on milk purchased by Klamath Oreg., from the marketing area; or in Oregon distributes milk in Klamath County handlers from those producers 2. Providing a location differential at County. At least one of the two plants who reside in California. plants in California. in Klamath Falls has regular route dis­ He further testified that thè milk of tribution in other portions of the producers supplying Klamath County F in d in g s and C o n c l u s io n s Oregon-Washington marketing area. handlers could not be pooled with the The following findings and conclusions The milk associated with the Klamath milk of other Oregon producers under on the material issues are based on evi­ Falls plants has always been a part of the present regulation which was dence presented at the hearing and the the overall supply for the area of West­ record thereof: ern Oregon encompassed by the Oregon- amended when the Federal marketing 1. Klamath County, Oreg., should notWashington marketing area. order became effective. He expressed be deleted from the Oregon-Washington Prior to the promulgation of the Fed­ considerable doubt that the State regu­ marketing area. eral milk order, Klamath County was a lation could be amended to provide for

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 PROPOSED RULE MAKING 4707

pooling of such milk with that of the is $6.28. Because of the fluctuation in ern comer of the State. Curry County milk of other producers in Oregon. manufacturing prices the order Class I is not a part of the present marketing In view of the relatively low Class I price can vary from month to month area. utilization of the Klamath County plants, whenever the manufacturing milk price Presently, the location differentials in compared to that of the remaining milk exceeds the floor. In January the order the order are based on the distance that pooled under the order, particularly if Class I price was $6.58. plants are located from the county court­ the bulk sales of Class I milk to Medford It was the testimony of the Weed han­ house in Portland, Oreg., the principal and Eugene were no longer available, dler that prices paid by his competitors population center in the northern part of the result would be a very substantial in California were substantially lower the marketing area. A t plants located lowering of returns to the producers sup­ than the $6.19 applicable in Siskiyou more than 100 miles from such court­ plying Klamath County plants. This County, since these plants were located house the applicable differential is 15 would be true even if the State were able in lower priced zones. However, the chief cents plus an additional 1.5 cents for to enforce its minimum price regulations of the Bureau of Milk Stabilization for each 10 miles or fraction thereof that in the absence of a Federal order. the State of California testified that any such distance exceeds 110 miles. The chief of the Milk Stabilization California regulated plant selling milk in In the case of California plants, how­ Division further testified that the elimi­ Siskiyou County would be required to ever, milk would not be moved to Port­ nation of Klamath County from the pay for such milk the price applicable land. It would be more likely to move to marketing area would seriously interfere in Siskiyou County rather than the price Medford or Klamath Falls, the principal with the State’s supply-management applicable at the location of the plant of population centers of southern Oregon. program. As noted above, at the present origin. Thus, any milk sold in Siskiyou Hence, location differentials applicable time the excess production in the County by California handlers is priced at California plants should be based on Klamath County area is moved to the at $6.19 per hundredweight. the distance from these points. The rate plants at Eugene and Medford for fluid One of the purposes of location differ­ per mile should be the same as that pro­ use. If Klamath County were deleted entials is to adjust the Class I and uni­ vided in the present order. from the marketing area, this milk form prices to reflect the cost of moving Accordingly, the order should be would no longer be available for this pur­ milk from distant points to a central amended to provide that at any plant lo­ pose and it would be necessary to move market. They also serve to maintain cated in California, the Class I price milk “ upstream” from the metropolitan proper intermarket price relationships should be reduced 15 cents, plus an addi­ area about Portland to furnish the fluid and to prevent a dislocation of supplies tional 1.5 cents for each 10 miles or frac­ requirements of Eugene and Medford. between markets. When the Oregon- tion thereof that the plant is more than Thus, to eliminate Klamath County Washington marketing order was issued, 110 miles distant from the county court from the marketing area not only would no location differentials were provided at house in Medford or Klamath Falls, adversely affect the returns to the pro­ plant locations in California. The hear­ Oreg., whichever is the nearer. ducers supplying the plants located ing record indicated no need for them. As at all other plants at which location therein, but also would have a di&uptive The plant at Weed was, and still is, the differentials apply, the uniform price for effect on the orderly marketing of milk only California plant disposing of milk base milk should be reduced to reflect the in western Oregon. in the marketing area. At the time of the value of the milk at the plant to which 2. A location differential should behearing it was expected, that the prices delivered. The reasons for adjusting the made applicable at plants located in paid by the Federal order for Oregon uniform price to producers at the same California. would be in fairly close alignment with rate that is applied to Class I milk are All the distribution of the Weed plant, the prices fixed by the State of California set forth in the findings of the decision other than that in Klamath County, for Siskiyou County. of the Assistant Secretary on the original Oreg., is made in Siskiyou County, Calif., Northern California is sparsely popu­ Oregon-Washington order dated Octo­ which is outside the boundaries of the lated and has a rugged mountainous ter­ ber 24, 1969 (34 F.R. 17684). Said find­ Oregon-Washington marketing area. As rain. The only milk processing plant in ings appearing on page 17699 of the de­ noted above the Weed plant competes northern California close to the Oregon- cision are adopted as if set forth in full here with plants located in Redding, Washington marketing area is the plant herein. Sacramento, and Oakland, Calif. No at Weed in Siskiyou County. Weed is ap­ Since the order currently provides that estimates are available as to the vol­ proximately 75 miles from either the producer location differential shall ume of milk disposed of in Siskiyou Klamath Falls or Medford, the principal be the same as the differential applied to County by the other California plants. population centers in southern Oregon. Class I milk, no amendment in that re­ It is the contention of the Weed han­ The proponent stated that a location spect is necessary. dler that, if Klamath County is not de­ differential of approximately 27 cents leted from the marketing area, the order would be necessary to bring him complete R u l in g s o n P r o po sed F in d in g s an d must be amended to provide a location competitive equity at the Weed location. C o n c l u s io n s adjustment to the Class I price applicable This differential, which was predicated A brief and proposed findings and his plant at Weed. Otherwise his com­ on the $6.58 Class I price prevailing in conclusions were filed by the Chief of petitive situation in California, where the January, is excessive. the Milk Stabilization Division, State great majority of his sales are made, is A location differential of 15 cents at Department of Agriculture, State of untenable. Weed or at any other point In northern Oregon. This brief, proposed findings and The minimum prices which California California would cover the cost of mov­ conclusions and the evidence in the rec­ Plants are required to pay are fixed by ing milk from Weed or a simiar point to ord were considered in making the find­ the State of California. At the present either Klamath Falls or Medford. On an ings and conclusions set forth above. To hme the applicable price in Siskiyou annual average, it would also result in a the extent that the suggested findings County, Calif., is $6.19 per hundred­ Class I price at Weed that would be in and conclusions filed are inconsistent weight. This is a fixed price which can reasonable alignment with the Class I with the findings and conclusions set be changed only by an amendment of price fixed for Siskiyou County by the forth herein, the request to make such theState regulation. It does not fluctuate State of California. findings or reach such conclusions is de­ with the value of manufacturing grade Although the plant at Weed is the only nied for the reasons previously stated in milk as does the Class I price in the Fed­ California plant disposing of milk in the this decision. eral order. The latter price is determined marketing area at the present time, pro­ by adding $1.95 to the basic formula vision should be made for location differ­ G e n e r a l F in d in g s price which is the average price paid entials at other points in California in The findings and determinations here­ aunng the preceding month by manu- anticipation of the possibility that other inafter set forth are supplementary and iacturing Plants in Minnesota and Wis- California plants might begin the dis­ in addition to the findings and determi­ consm. Currently, there is a floor of $4.33 position of milk in the marketing area. nations previously made in connection under the basic formula price. Thus the One California plant is believed to be with the issuance of the aforesaid order minimum Class I price which could ap- disposing of milk at the present time in and of the previously issued amendments p y under the Oregon-Washington order Curry County, Oreg., in the southwest­ thereto; and all of said previous findings

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4708 PROPOSED RULE MAKING and determinations are hereby ratified ences must be submitted in writing to and affirmed, except insofar as such find­ DEPARTMENT OF the Commandant' (CMC) in accordance ings and determinations may be in con­ with this notice in order that they may flict with the findings and determina­ TRANSPORTATION become part of the record. tions set forth herein. Dated: March 11, 1970. (a) The tentative marketing agree­ Coast Guard W. J. S m it h , ment and the order, as hereby proposed [ 46 CFR Part 66 1 to be amended, and all of the terms and Admiral, U.S. Coast Guard, conditions thereof, will tend to effectuate [OGFR 70-27] Commandant. the declared policy of the Act; GEORGETOWN, S.C., AS PORT OF [F.R. Doc. 70-3265; Filed, Mar. 17, 1970; (b) The parity prices of milk deter­ 8:49 a.m.] mined pursuant to section 2 of the Act DOCUMENTATION are not reasonable in view of the price Proposed Revocation of Designation Federal Aviation Administration of feeds, available supplies of feeds, and other economic conditions which affect 1. The Commandant, U.S. Coast [ 14 CFR Part 39 1 market supply and demand for milk in Guard, is considering a proposal to re­ thg marketing area, and the minimum voke the designation of Georgetown, S.C., [Airworthiness Docket No. 70-WE-9-AD] prices specified in the proposed market­ as a port of documentation and to con­ GENERAL DYNAMICS CORP. MODEL duct at and from the office of the Officer ing agreement and the order, as hereby 340 AND 440 SERIES AIRPLANES proposed to be amended, are such prices in Charge, Marine Inspection, U.S. Coast as will reflect the aforesaid factors, in­ Guard, Charleston, S.C., such documen­ Proposed Airworthiness Directive sure a sufficient quantity of pure and tation activities as have been performed at Georgetown. The Federal Aviation Administration wholesome milk, and be in the public in­ is considering amending Part 39 of the terest; and 2. Accordingly, notice is given that, under authority contained in sec. 1, 63 Federal Aviation Regulations by adding (c) The tentative marketing agree­ Stat. 545, sec. 2, 23 Stat. 118, sec. 1, 43 an airworthiness directive applicable to ment and the order, as hereby proposed Stat. 947, sec. 6(b), 80 Stat. 937; 14 all General Dynamics Corp. Model 340 to be amended, will regulate the han­ U.S.C. 633, 46 U.S.C. 2, 46 U.S.C. 18, 49 and 440 Series airplanes including those dling of milk in the same manner as, and U.S.C. 1655(b); 49 CFR 1.4(a)(2), it is modified in accordance with STC SA4- will be applicable only to persons in the proposed to: 1100 or STC SA1096WE. There have been respective classes of industrial and com­ (a) Revoke the designation of George­ fatigue cracks of the main landing gear mercial activity specified in, a marketing town, S.C., as a port of documentation axle on General Dynamics Model 340 and agreement upon which a hearing has by deleting that port from the list of 440 airplanes that resulted in failure of been held. ports of documentation contained in 46 the axle and loss of a MLG wheel as­ R e c o m m en d e d M a r k e t in g A g r e e m e n t CFR 66.05-1. sembly.' Since this condition is likely to a n d O rder A m e n d in g t h e O rder (b) Transfer the documentation rec­ exist or develop in other airplanes of the ords at Georgetown to the office of the same type design, the proposed air­ The recommended marketing agree­ Officer in Charge, Marine Inspection, worthiness directive would require re­ ment is not included in this decision be- U.S. Coast Guard, Charleston, S.C.; and. petitive inspections and rework or re­ causj the regulatory provisions thereof (c) Make Charleston the home port of placement as specified in accordance with would be the same as those contained all vessels now having Georgetown as General Dynamics Service Bulletin 32-3 in the order, as hereby proposed to be home port. dated October 31, 1969, or an equivalent amended. The following order amend­ 3. Interested persons may submit such FA A-approved inspection and rework ing the order, as amended, regulating written data, views, or arguments as they procedure. the handling of milk in the Oregon- may desire regarding the proposals set Interested persons are invited to par­ Washington marketing area is recom­ forth in this document. All communica­ ticipate in the making of the proposed mended as the detailed and appropriate tions should be submitted in duplicate to rule by submitting such written data, means by which the foregoing conclu­ the Commandant (CMC), U.S. Coast views, or arguments as they may desire. sions may be carried out: Guard, Washington, D.C., as soon as Communications should identify the § 1124.52 [Amended] possible. Each communication shall docket number and be submitted in du­ identify the subject to which it is di­ plicate to the Department of Transporta­ a. In the introductory text of para­ rected, the reason or basis for views ex­ tion, Federal Aviation Administration, graph (a) the words, “or in the State of pressed, and the name, address, and Western Region, Attention: Regional California”, are deleted. business firm or organization (if any) of Counsel, Airworthiness Rules Docket, b. In paragraph (a) (2) the reference the submitter. Each communication re­ Post Office Box 92007, World Way Postal to “subparagraph (1 )” is changed to ceived on or before April 20,1970, by the Center, Los Angeles, Calif. 90009. All “subparagraphs (1) and (3 )” , and Commandant (CMC) will be considered communications received within 30 days c. A new subparagraph (3) is added to and evaluated before taking final actions after publication of this notice in the paragraph (a) to read as follows: on the proposals in this document. Copies F ederal R egster will be considered by (3) For any plant located in the State of all written comments received by the the Administrator before taking action of California, such price shall be re­ Commandant (CMC) will be available upon the proposed rule. The proposals duced 15 cents, plus an additional iy2 for examination and reading by inter­ contained in this notice may be changed cents for each 10 miles or fraction there­ ested persons in Room 8234, Coast Guard in the light of comments received. All of that such plant is more than 110 miles Headquarters, 400 Seventh Street SW „ comments will be available, both before from the county courthouse in either Washington, D.C., both before and after and after the closing date for comments, the closing date April 20, 1970. The pro­ Klamath Falls or Medford, Oreg., which­ in the Airworthiness Rules Docket for posals contained in this document may be examination by interested persons. ever is nearer, by the shortest hard­ changed in the light of comments This amendment is proposed under the surfaced highway distance as deter­ received. authority of sections 313(a), 601, and 603 mined by the market administrator; and 4. At this time no hearing is contem­ of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a) , 1421, 1423) and of sec­ Signed at Washington, D.C„ on plated on the proposals in this document, but arrangements may be made for in­ tion 6(c) of the Department of Trans­ March 13,1970. formal conferences with cognizant Coast portation Act (49 U.S.C. 1655(c)). J o h n C. B l u m , Guard officials by contacting the Execu­ In consideration of the foregoing, it is Deputy Administrator, tive Secretary, Merchant Marine Coun­ proposed to amend § 39.13 of Part Regulatory Programs. cil, Room 8234, Coast Guard Headquar­ 39 of the Federal Aviation Regulations [F.R. Doc. 70-3228; Piled, Mar. 17, 1970; ters, Washington, D.C. Any data or views by adding the following new airworthi­ 8:46 a.m.j presented during such informal confer­ ness directive:

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 RULES AND REGULATIONS 4709

General D y n a m ic s. Applies to all Model" an airworthiness directive (AD) appli­ (e) Upon request by the operator, an FAA 340 and 440 Series airplanes including cable to Hawker Siddeley “Heron” Model maintenance inspector, subject to prior ap­ those modified in accordance with STG DH.114 airplanes. There have been re­ proval of the Chief, Aircraft Certification SA4-1100 or STC SA1096WE. ports of cracking occurring in the nose Staff, FAA Europe, Africa, and Middle East Compliance required as indicated. Region may adjust the repetitive inspection To detect cracks and prevent failure of landing gear locking lever and jack at­ intervals specified in this AD to permit the main landing gear axle.: tachment lever. This condition could re­ compliance at an established inspection Within the next 150 hours time in service sult in failure of these levers. Since this period of the operator if the request con­ after the effective date of this AD, unless condition is likely to exist or develop in tains substantiating data to Justify the in­ already accomplished within the last 850 other airplanes of the same type design, crease for that operator. hours time in service, visually inspect 828039 the proposed airworthiness directive MLG Piston/Axle Assemblies with 10,000 or Issued in Washington, D.C., on more hours time in service for crack indi­ would require periodic inspection of the March 11, 1970. landing gear locking lever and jack at­ cations in the fillet radius area between the R . S. S l if f , axle and the outboard face of both brake tachment lever for cracks, replacement of Acting Director, attachment flanges, by dye penetrant inspec­ levers found to be cracked, and eventual Flight Standards Service. tion procedures, in accordance with Part I replacement of both levers with new of General Dynamics 640(340D) Service Bul­ levers made of an improved material. [F.R. Doc. 70-3220; -Piled, Mar. 17, 1970; letin No. 32-3, dated October 31, 1969, or 8:45 a.m.] later PAA-approved revision, or an equiva­ Interested persons are invited to par­ lent inspection procedure approved by the ticipate in the making of the proposed Chief, Aircraft Engineering Division, FAA rule by submitting such written data, [1 4 CFR Part 71 1 Western Region. views, or arguments as they may desire. (a) If no cracks are found, repeat the in­ Communications should identify the [Airspace Docket No. 70—SW -6] spection procedure of Part I of S.B. 32-3 at docket number and be submitted in du­ intervals not to exceed 1,000 hours time in CONTROL ZONE AND TRANSITION plicate to the Federal Aviation Adminis­ AREA service from the last inspection. This 1,000- tration, Office of the General Counsel, hour inspection interval may be discontinued when the area identified above has been Attention: Rules Docket, 800 Independ­ Proposed Alteration ence Avenue SW., Washington, D.C. reworked in accordance with paragraphs C, The Federal Aviation Administration D, and E of Part II of S.B. 32-3, or later 20590. All communications received on or PAA-approved revision, or an equivalent re­ before April 17, 1970, will be considered is considering amending Part 71 of the work approved by the Chief, Aircraft Engi­ by the Administrator before taking ac­ Federal Aviation Regulations to alter neering Division, PAA Western Region. Sub­ tion upon the proposed rule. The pro­ controlled airspace in the Hot Springs, sequent to the accumulation of 2,000 hours posals contained in this notice may be Ark., terminal area. time in service after this rework, and prior changed in the light of comments re­ Interested persons may submit such to 2,500 hours time in service after rework, written data, views or arguments as they perform a visual inspection for cracks as de­ ceived. All comments will be available, scribed above. If no cracks are found as a both before and after the closing date for may desire. Communications should be result of this inspection, further inspections comments, in the Rules Docket for ex­ submitted in triplicate to the Chief, Air are not required by this AD. If cracks are amination by interested persons. Traffic Division, Southwest Region, Fed­ found, accomplish ( b ) , below. This amendment is proposed under the eral Aviation Administration, Post (b) If cracks are found as a result of any authority of sections 313(a), 601, and Office Box 1689, Fort Worth, Tex. 76101. of the inspections outlined above, accom­ 603 of the Federal Aviation Act of 1958 All communications received within 30 plish the following before further flight: days after publication of this notice in (1) Rework the cracked area in accordance (49 U.S.C. 1354(a), 1421, and 1423) and the F ederal R e g ister will be considered with all of the provisions of Part II of S.B. of section 6(c) of the Department of 32-3, or later FAA-approved revision, or an Transportation Act (49 U.S.C. 1655(c)). before action is taken on the proposed amendment. No public hearing is con­ equivalent rework approved by the Chief, In consideration of the foregoing, it templated at this time, but arrange­ Aircraft Engineering Division, PAA Western is proposed to amend § 39.13 of Part 39 Region, provided axle wall thickness re­ ments for informal conferences with of the Federal Aviation Regulations by maining after rework is a minimum of 0.30 Federal Aviation Administration officials inch. After rework, repeat the inspection adding the following new airworthiness directive: may be made by contacting the Chief, procedure of Part I of S.B. 32-3, or later Air Traffic Division. Any data, views, or PAA-approved revisions, at intervals not to H awker Siddeley. Applies to “Heron” Model exceed 2,500 hours time in service from the arguments presented during such con­ DH.114 series 2 airplanes which have not ferences must also be submitted in writ­ last inspection. incorporated HSA Modification 1093. (2) If cracks are found which require re­ ing in accordance V ith this notice in moval of material that would leave a mini­ Compliance is required as indicated. order to become part of the record for mum axle wall thickness of less than 0.30 To prevent failure of the nose landing consideration. The proposal contained in inch, the axle must be replaced. gear locking lever and jack attachment lever, this notice may be changed in the light Note: The holder of STC SA4-1100, Alli­ accomplish the following: of comments received. son Division of General Motors Corp., has (a) Within the next 150 hours time in determined that Part II of General Dynamics service after the effective date of this AD The official docket will be available service Bulletin 32-3 is applicable to all air­ unless already accomplished within the last for examination by interested persons craft modified in accordance with STC SA4- 150 hours time in service, and thereafter at at the Office of the Regional Counsel, intervals not to exceed 300 hours time in Southwest Region, Federal Aviation Ad­ service since the last inspection, visually ministration, Fort Worth, Tex. An in­ Issued in Los Angeles, Calif., on inspect the nose landing gear locking lever March 9, 1970. (P/N 4UN.41A) and jack attachment lever formal docket will also be available for examination at the Office of the Chief, L ee E. W a r r en, (P/N 4UN.323A) for cracks. Acting Director, Western Region, (b ) If cracks are found during the inspec­ Air Traffic Division. tions required by paragraph (a ), before fur­ It is proposed to amend Part 71 of the [F.R. Doc. 70-3219; Piled, Mar. 17, 1970; ther flight, either replace the cracked lever Federal Aviation Regulations as here­ 8:45 a.m.] with a serviceable lever of the same part inafter set forth. number or comply with paragraph (c ). (c) Unless already accomplished in ac­ (1) In § 71.171 (35 F.R. 2054), the Hot [ 14 CFR Part 39 1 cordance with paragraph (b), on or before Springs, Ark., control zone is amended to August 1, 1970, replace the nose landing read: [Docket No. 10187] gear locking lever (P/N 4UN.41A) and jack attachment lever (P/N 4UN.323A) with HSA H ot Springs, Ar k . HAWKER SIDDELEY “ HERON” Modification 1093 levers in accordance with Within a 9-mile radius of Memorial Field MODEL DH.114 AIRPLANES Hawker Siddeley Aviation Ltd., Technical (lat. 34°28'40'' N„ long. 93°05'45'' W .), and News Sheet Heron (114) No. U.13 dated De­ within 3 miles each side of the 248° bearing Proposed Airworthiness Directive cember 8, 1969, or an PAA-approved equivalent. from the Hot Springs RBN extending from The Federal Aviation Administration (d ) The inspections required by paragraph the 9-mile radius zone to 8.5 miles west of ^ considering amending Part* 39 of the (a) may be discontinued following compli­ the RBN. This control zone is effective dur­ eaeral Aviation Regulations by adding ance with paragraph (c ). ing the specific dates and times established

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4710 PROPOSED RULE MAKING in advance by a Notice to Airmen. The effec­ and of section 6(c) of the Department As used in this notice, the term “Cana­ tive date and time will thereafter be con­ of Transportation Act (49 U.S.C. dian overland imports” means crude oil tinuously published in the Airman’s Infor­ 1655(c)). and unfinished oils (1) which are en­ mation Manual. Issued in Fort Worth, Tex., on tered for consumption or withdrawn (2) In § 71.181 (35 F.R. 2134), the HotMarch 6, 1970. from warehouse for consumption in Springs, Ark., transition area is amended H e n r y L. N e w m a n , Districts I-IV , (2) which, if crude oil, to read: Director, Southwest Region. was produced in Canada, and, if unfin­ H ot Springs, A r k . ished oils, were processed from crude oil [F.R. Doc. 70-3218; Filed, Mar. 17, 1970; or natural gas produced in Canada, and That airspace extending upward from 700 8:45 a.m.] feet above the surface within a 15-mile ra­ (3) which were or are transported into dius of Memorial Field (lat. 34°28'40" N., the United States by pipeline, rail, or long. 93°05'45" W .), and within 3.5 miles other means of overland transportation. each side of the 248° bearing from the Hot An application for an allocation Springs RBN extending from the 15-mile ra­ DEPARTMENT OF THE INTERIOR should contain the following informa­ dius area to 11.5 miles west of the RBN. Oil Import Administration tion, certified by an officer of the applicant: U.S. Standard for Terminal Instru­ [ 32A CFR Ch. X ] ment Procedures (TERPs) became ef­ (1 ) The nature of the applicant’s fa­ fective November 18, 1967, and was is­ [Oil Import Reg. 1 (Rev. 5) ] cility or facilities. sued only after extensive consideration (2) The location or locations of the and discussion with Government agen­ CANADIAN OVERLAND IMPORTS, facility or facilities, cies concerned and affected industry DISTRICTS I—IV (3) The average barrels daily of Canadian overland imports processed or groups. TERPs updates the criteria for Applications for Allocations instrument approach procedures in order consumed in the applicant’s facility or to meet the safety requirements of mod­ A proposed revision of section 23 of facilities during the period October 1, ern-day aviation and to make more effi­ Oil Import Regulation 1 (Revision 5) 1968, through September 30, 1969, cient use of the airspace possible. As a was published for comment in the F ed­ (4) The operating capacity, as of Jan­ result, the criteria for designation of con­ eral R eg ister for March 11, 1970 (35 uary 1, 1969, expressed in average bar­ trolled airspace for the protection of F.R. 4335) relating to the making of rels per calendar day of the facility or these procedures were modified to con­ allocations of Canadian overland im­ facilities in which Canadian imports will form to TERPs. The existing instrument ports into Districts I-IV for the period be processed. approach procedures to Memorial Field, March 1, 1970 through June 30, 1970. No An officer of an applicant should also Hot Springs, Ark., have been conformed decision has been made with respect to certify in the application that, if an al­ to TERPs. Therefore, the proposed alter­ the proposed regulations. However, location of Canadian overland imports ations are required to conform the con­ because there will be only a very short is made to the applicant, the applicant trolled airspace to current criteria. period of time between the last day will process or consume all such imports The control zone would continue to be (March 20, 1970) fixed for comment on in his facility or facilities before July 31, 1970. designated part-time although effective the proposed revision and March 30, hours are not specified in the proposed 1970, the day upon which restrictions If, upon evaluation and review of the description. This does not indicate an in­ upon such imports become effective, all comments received concerning the pro­ tent at this time to change the effective persons in Districts I-IV who have posed revision of section 23, additional hours; however, the provision which is facilities for processing Canadian over­ information is required in an applica­ substituted for the effective hours allows land imports or pipeline facilities using tion, then the additional information for changes when minor variations in will be accepted as a modification of crude oil as fuel and who desire to ob­ an application that has been filed on time of designation are required; e.g., tain allocation of such imports are ad­ changes in control tower hours of opera­ or before March 25, 1970. vised to file an application by letter or tion due to changes from standard time J. J. S im m o n s III, to daylight saving time and vice versa. telegram on or before March 25, 1970 Administrator, This amendment is proposed under the with the Administrator, Oil Import Ad­ Oil Import Administration. authority of section 307(a) of the Fed­ ministration, Department of the Interior, [F.R. Doc. 70-3355; Filed, Mar. 17, 1970; eral Aviation Act of 1958 (49 U.S.C. 1348) Washington, D.C. 20240. 11:42 a.m.]

FEDERAL REGISTER, VOL, 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4711 Notices

materials under the act of July 31, 1947, DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR and reserved for use of the Department of Agriculture for the granting of ease­ Internal Revenue Service Bureau of Land Management ments for road rights-of-way as au­ QUINTON A. ROESSER ALASKA thorized by section 2 of the Act of Octo­ ber 13, 1964. Notice of Granting of Relief Notice of Filing of Plats of Survey This proposal for the Coon Creek Tie Notice is hereby given that Quinton A. 1. Plat of survey of the lands described Road (Road No. 19870 will provide a Roesser, 1320 Leichester Road, Rich­ below will be officially filed in the Land means by which the Secretary of Agri­ mond, Va., has applied for relief from Office, Anchorage, Alaska effective at culture can grant easements for road disabilities imposed by Federal laws with 10 a.m., April 1, 1970. rights-of-way to private parties. For a period of 30 days from the date respect to the acquisition, receipt, trans­ C o ppe r R iv e r M e rid ia n fer, shipment, or possession of firearms of publication of this notice, all persons incurred by reason of his conviction on T. 1 S., R. 2 E., who wish to submit comments, sugges­ Sec. 25, all; tions, or objections in connection with April 20, 1960, in Hustings Court of the Sec. 26, all; city of Richmond, Va., of a crime punish­ the proposed withdrawal may present Sec. 34, all; ; their views in writing to the undersigned able by imprisonment for a term exceed­ Sec. 35, all; ing 1 year. Unless relief is granted, it will Sec. 36, lots 1-9, N W & N E ii, NWy4NWy4, officer of the Bureau of Land Manage­ be unlawful for Quinton A. Roesser be­ wy2swy4swy4. ment, Department of the Interior, 729 cause of such conviction, to ship, trans­ Northeast Oregon Street, Post Office Box Containing 2,850.81 acres. 2965, Portland, Oreg. 97208. port or receive in interstate or foreign 2. The lands are situated on a high The authorized officer of the Bureau of commerce any firearm or ammunition, plateau between the Copper and Tonsina and he would be ineligible for a license Rivers. The soil is mostly sandy loam Land Management will undertake such under chapter 44, title 18, United States covered by moderate to dense willow investigations as are necessary to deter­ Code as a firearms or ammunition im­ mine the existing and potential demand porter, manufacturer, dealer, or collec­ brush, interspersed with dense stands of tor. In addition, under title V II of the spruce and birch. Scattered low spots of for the land and its resources. He will Omnibus Crime Control and Safe Streets swampy muck occur as well as perma­ also undertake negotiations with the ap­ Act of 1968, as amended (82 Stat: 236; frost in mossy burned-over areas. plicant agency with the view of adjusting 18 U.S.C., Appendix), because of such The old Edgerton Highway extends the application to reduce the area to the from the vicinity of the southeast town­ conviction, it would be unlawful for Mr. minimum essential to meet the appli­ Roesser to receive, possess, or transport ship corner, northeasterly through secs. cant’s needs, to provide for the maximum in commerce or affecting commerce, any 36, 25, and 26. The Edgerton Cutoff firearm. Highway extends from the old highway concurrent utilization of the land for Notice is hereby given that I have con­ near the township corner, southwesterly purposes other than the applicant’s, to sidered Quinton A. Roesser’s application through secs. 35 and 36. eliminate land needed for purposes more and: 3. The public lands affected by this essential than the applicant’s, and to (1) I have found that the conviction order are hereby restored to the opera­ reach agreement on the concurrent was made upon a charge which did not tion of the public land laws, subject to management of the land and its involve the use of a firearm or other any valid existing rights, the provisions weapon or a violation of chapter 44, title of existing withdrawals, including resources. 18, United States Code, or of the National Public Land Order 4582, dated Janu­ He will also prepare a report for con­ Firearms Act; and ary 17, 1969, and the requirements of sideration by the Secretary of the In ­ (2) It has been established to my applicable law, rules and regulations. terior who will determine whether or not satisfaction that the circumstances re­ the land will be withdrawn as requested garding the conviction and the appli­ 4. Inquiries concerning the lands cant’s record and reputation are such, should be addressed to the Manager, An­ by the applicant agency. that the applicant will not be likely to chorage Land Office, 555. Cordova Street, The determination of the Secretary on act in a manner dangerous to public Anchorage, Alaska 99501. the application will be published in the safety, and that the granting of the relief F ederal R eg ist e r . A separate notice will would not be contrary to the public in­ T . G . B in g h a m , be sent to each interested party of record. terest. Manager, Anchorage Land Office. If circumstances warrant it, a public Therefore, pursuant to the authority [F.R. Doc. 70-3245; Filed, Mar. 17, 1970; hearing will be held at a convenient time vested in the Secretary of the Treasury 8:47 a.m.] by section 925(c), title 18, United States and place which will be announced. Code and delegated to me by 26 CFR The land involved in the application 178.144, it is ordered that Quinton A. [O R 5763] is: Roesser be, and he hereby is, granted OREGON W ill a m e t t e M e rid ia n relief from any and all disabilities im­ posed by Federal laws with respect to the Notice of Proposed Withdrawal and COON CREEK TIE ROAD acquisition, receipt, transfer, shipment, Reservation of Land T. 20 S., R. 10 W., or possession of firearms and incurred Sec. 12, lot 9. M arch 10, 1970. oy reason of the conviction hereinabove A strip of land 100 feet in width, being 50 described. The Department of Agriculture, on be­ feet in width on both sides of the centerline Signed at Wàshington, D.C., this 11th half of the Forest Service, has filed appli­ of the Ooon Creek Tie Road (No, 1987C). day of March, 1970. cation, OR 5763, for the withdrawal of The area described contains about 4 [ seal] W il l ia m H . S m it h , public land described below. Said land is acres. Acting Commissioner of to be withdrawn from all forms of ap­ V ir g il O. S e is e r , Internal Revenue. propriation under the public land laws, Chief, Branch of Lands. [FJt. Doc. 70-3234; Filed, Mar. 17, 1970; including the mining laws, but not the [F.R. Doc. 70-3246; Filed, Mar. 17, 1970; 8:46 a.m .] mineral leasing laws, nor the disposal of 8:47 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 No, 53—Pt. I-----4 4712 NOTICES

[O R 5773] The area described contains about Any adverse claimants to the above- OREGON 49 acres. described land should file their claims, V ir g il O . S e is e r , or objections, with the undersigned be­ Notice of Proposed Withdrawal and Chief, Branch of Lands. fore the time designated for sale. Reservation of Land [F.R. Doc. 70-3247; Filed, Mar. 17, 1970; The land described in this notice has 8:47 a.m.] been segregated from all forms of appro­ M ar ch 10, 1970. priation, including locations under the The Department of Agriculture, on be­ general mining laws, except for sale un­ half of the Forest Service, has filed appli­ [Wyoming 18618] der this Act. Inquiries concerning this cation, OR 5773, for the withdrawal of WYOMING sale should be addressed to the Land public land described below. Said land is Office Manager, Bureau of Land Manage­ to be withdrawn from all forms of appro­ Notice of Public Sale ment, Post Office Box 1828, Cheyenne, priation under the public land laws, in­ Wyo. M arch 9, 1970. cluding the mining laws, but not the A . L. S im p s o n , mineral leasing laws, nor the disposal of Under the provisions of the Public Manager, Land Office. materials Under the act of July 31, 1947, Land Sale Act of September 19, 1964 [F.R. Doc. 70-3213; Filed, Mar. 17, 1970; and reserved for use of the Department (78 Stat. 988, 43 U.S.C. 1421-1427), 43 8:45 a.m.] of Agriculture for the granting of ease­ CFR Subpart 2243, a tract of land will be offered for sale to the highest bidder at ments for road rights-of-way as author­ [Wyoming 17259] ized by section 2 of the Act of October 13, a sale to be held at 2 p.m., local time on 1964. Thursday, April 23, 1970, at the Land WYOMING This proposal for the Bums-Izee Road Office, Bureau of Land Management, (Road No. 1911) will provide a means by 2120 Capitol Avenue, Cheyenne, Wyo. Notice of Amendment of Proposed which the Secretary of Agriculture can 82001. The land is described as follows: Withdrawal and Reservation of grant easements for road rights-of-way Sixth P rincipal M eridian, W yo m in g Lands to private parties. T. 19 N., R. 109 W., M arch 11, 1970. For a period of 30 days from the date of sec. 30, lot 4, SE 14SW 14, wy2wy2swi/4 Notice of Bureau of Land Management, publication of this notice, all persons who SE14, N E 14 NW V4 S W 14 SE %, and w y 2 U.S. Department of the Interior appli­ wish to submit comments, suggestions, or NW 14 NE % SW % SE 14. cation, Serial No. Wyoming 17259, for the objections in connection with the pro­ The area described contains 94.70 withdrawal of certain vacant public land posed withdrawal may present their acres. The appraised value of the tract from all forms of appropriation under views in writing to the undersigned officer is $48,600 and the estimated publication the public land laws, including the min­ of the Bureau of Land Management, De­ costs to be assessed are $25. ing laws but not the mineral leasing laws, partment of the Interior, 729 Northeast The land will be sold subject to all pursuant to the authority of Executive Oregon Street, Post Office Box 2965, valid existing rights and rights-of-way Order 10355, was published in F.R. Doc. Portland, Oreg. 97208. of record. A reservation will be made to 69-1507 on pages 1776 and 1777 of the The authorized officer of the Bureau of the United States for rights-of-way for issue for Thursday, February 6,1969, and Land Management will undertake such ditches or canals in accordance with the amended to permit leasing under the investigations as are necessary to deter­ Act of August 30, 1890 (26 Stat. 391; Small Tract Act of June 1, 1938, as mine the existing and potential demand 43 U.S.C. 945). All minerals will be re­ amended (43 U.S.C. 682a) In F.R. Doc. for the land and its resources. He will served to the United States. 69-14995 on page 19826 of the December also undertake negotiations with the ap­ Bids may be made by a principal or his 18, 1969 issue. The subject notice is plicant agency with the view of adjust­ agent, either at the sale, or by mail, An hereby further amended to permit sale of ing the application to reduce the area agent must be prepared to show that the the land proposed for withdrawal, under to the minimum essential to meet the person he represents is a qualified bidder. the said Small Tract Act cited above. applicant’s needs, to provide for the Bids must be for all the land in the maximum concurrent utilization of the A. L. S im p s o n , parcel. A bid for less than the appraised Acting State Director. land for purposes other than the appli­ value of the land is unacceptable. Bids cant’s, to eliminate land needed for pur­ [F.R. Doc. 70-3237; Filed, Mar. 17, 1970; sent by mail will be considered only if 8:46 a.m.] poses more essential than the applicant’s, received by the Land Office, Bureau of and to reach agreement on the concur­ Land Management, 2120 Capitol Avenue, rent management of the land and its Cheyenne, Wyo. 82001, prior to 2 p.m., on National Park Service resources. Thursday. April 23,1970. Bids made prior He will also prepare a report for con­ to the public auction must be in sealed CAPE COD NATIONAL SEASHORE sideration by the Secretary of the In­ envelopes, and accompanied by certified terior who will determine whether or checks, postal money orders, bank drafts, Notice of Intention To Issue a not the land will be withdrawn as re­ or cashiers’ checks, payable to the Bu­ Concession Permit quested by the applicant agency. reau of Land Management, for the full Pursuant to the provisions of section The determination of the Secretary on amount of the bid plus estimated publi­ 5, of the Act of October 9, 1965 (79 Stat. the application will be published in the cation costs ($25). The envelopes must 969; 16 U.S.C. 20), public notice is hereby F ederal R e g ist e r . A separate notice will be marked in the lower left-hand comer: given that thirty (30) days after the date be sent to each interested party of record. “Public Sale Bid, Sale W-18618, April 23, of publication of this notice, the Depart­ I f circumstances warrant it, a public 1970” . ment of the Interior, through the Super­ hearing will be held at a convenient time The authorized officer shall publicly intendent, Cape Cod National Seashore, and place which will be announced. declare the highest qualifying sealed bid proposes to issue a concession permit to The land involved in the application received. Oral bids shall then be invited Charles W. Silva authorizing him to pro­ is: in specific increments. After oral bids, if vide concession facilities and services for W illamette M eridian any are received, the authorized officer the public at Herring Cove, Cape Cod shall declare the high bid. A successful BTIRNS-IZEE ROAD National Seashore for a period of 4 years, oral bidder must submit a guaranteed 9 months, from April 1, 1970, through T. 23 S'., R. 30 E., remittance, in full payment for the tract Sec. 20, NW%NE]4, SW%NE%, SE^NE^, December 31, 1974. NEi/4NWy4, and NE 14 SE % ; and cost of publication, before noon of The foregoing concessioner has per­ Sec. 21, NE^SWi/4, NWy4SWy4, N W ^S E 1^, the day following the sale. formed his obligations under a prior SW!/4SE, and SE^SE^; I f no bids are received for the sale permit to the satisfaction of the National Sec. 28, NE1/4NEÎ4. tract on Thursday, April 23, 1970, the Park Service and, therefore, pursuant to A strip of land 200 feet in width, being tract will be reoffered on the first Wed­ the Act cited above, is entitled to be given 100 feet in width on both sides of the center- nesday of subsequent months at 2 p.m., preference in the renewal of the permit line of the Burns-Izee Road (No. 1911). beginning May 6, 1970. and in the negotiation of a new permit.

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 NOTICES 4713

However, under the Act cited above, the (Atlanta) are hereby designated to serve 1. Purpose. This order provides for the National Park Service is also required to as Acting Assistant Regional Admin­ incorporation of an improved runway consider and evaluate all proposals re­ istrator for Housing Assistance, Region touchdown zone marking pattern in the ceived as a result of this notice. Any pro­ III, during the absence of the Assistant National Airspace System. posal to be considered and evaluated Regional Administrator for Housing 2. Requirement. The runway marking must be submitted within thirty (30) Assistance, with all the powers, func­ configuration presently used in the days after the publication date of this tions, and duties redelegated or assigned United States provides landing zone notice. to the Assistant Regional Administrator marking for the first 2,000 feet of all Interested parties should contact the for Housing Assistance: Provided, That weather runways. The marking has pro­ Superintendent, Cape Cod National Sea­ no officer is authorized to serve as Act­ vided adequate visual guidance for many shore, South Wellfleet, Mass. 02663, for ing Assistant Regional Administrator for years but is not satisfactory fop large information as to the requirements of Housing Assistance unless all other offi­ jet aircraft operating in visibility con­ the proposed permit. cers whose titles precede his in this desig­ ditions below Category I, the touchdown nation are unable to serve by reason of Dated: February 9, 1970. zone lighting for such operations being absence: 3.000 feet in length. Thus a requirement L e s l ie P. A rnberger, 1. Deputy Assistant Regional Admin­ exists for an improved touchdown zone Superintendent, istrator for Housing Assistance. marking configuration more suitable Cap Code National Seashore. 2. Director, Technical Services Divi­ for large jet aircraft operations and [F.R. Doc. 70-3211; Filed, Mar. 17, 1970; sion. for increase^ guidance and approach 8:45 a.m.] 3. Director, Production Division. safety for all aircraft in all visibility conditions. GRAND CANYON NATIONAL PARK (Delegation of authority effective May 4, 1962 (27 F.R. 4319, May 4, 1962); Dept. Interim 3. Selection decision. The Runway Notice of Intention To Issue a Order II, 31 F.R. 815, Jan. 21, 1966) Touchdown Zone Marking is responsive to the above requirement and is hereby Concession Permit Effective as of the 18th day of March, selected for incorporation in the Na­ Pursuant to the provisions of section 5 1969. tional Airspace System pursuant to sec­ of the Act of October 9, 1965 (79 Stat. E d w ar d H . B ax ter , tion 312(C) of the Federal Aviation Act. Regional Administrator, Region III. 969; 16 U.S.C. 20), public notice is hereby 4. Description. The touchdown zone given that thirty (30) days after the date [F.R. Doc. 70-3241; Filed, Mar. 17, 1970; marking configuration consists of groups of publication of this notice, the Depart­ 8:47 a.m.] of rectangular markings to outline the ment of the Interior, through the Super­ touchdown zone and to provide distance intendent, Grand Canyon National Park, coded information by means of the proposes to issue a concession permit to “3-3-2-2-1-1” marking pattern. The Riordans, Inc., doing business as North­ DEPARTMENT OF markings are 75 feet long by 6 feet wide ern Arizona Gas Service, Inc., author­ symmetrically disposed about ^he run­ izing them to provide liquefied petroleum TRANSPORTATION way centerline with the lateral spacing gas service for the public at Grand Can­ Federal Aviation Administration between the inner sides of the rectangles yon National Park, for a period of 5 being 72 feet. Groups of rectangular years from January 1, 1970, through [Notice 68-R1S-5] markings begin 500 feet from threshold December 31, 1974. RUNWAY TOUCHDOWN ZONE and are spaced on 500 foot intervals up The foregoing concessioner has per­ to 3,000 feet from threshold. Any pair formed his obligation under a prior per­ MARKING of markings that would extend to a point mit to the satisfaction of the National Notice of Proposed Selection 1.000 feet or less from the midpoint of Park Service and, therefore, pursuant to runway is subject to elimination. (Evalu­ the Act cited above, is entitled to be The Federal Aviation Administration ation will be made on an individual basis given preference in the renewal of the is considering adopting a selection order in such cases.) This marking is aug­ permit. However, under the Act cited for Runway Touchdown Zone Marking. mented by fixed distance markers con­ above, the Superintendent, Grand Can­ A selection order is the method used by sisting of a pair of rectangular markers yon National Park, is also required to the Federal Aviation Administration for to provide an aiming point for landing. consider and evaluate all proposals re­ selecting new systems, equipment, facili­ The markers are 150 feet long by 30 feet ceived as a result of this notice. Any ties or devices for incorporation in the wide symmetrically disposed about the proposal to be considered and evaluated National Airspace System in order to in­ runway centerline and begin 1,000 feet must be submitted within thirty (30) sure proper operation and compatibility from threshold. The lateral spacing be­ days after the publication date of this between elements of the common Civil- tween the inner sides of the markers is notice. military system of air traffic control and 72 feet. All markings are white. The at­ Interested parties should contact the air navigation facilities. A notice of pro­ tached Figure 1 shows a typical 3,000- Superintendent, Post Office Box 129, posed selection is issued, as a matter of foot configuration. Grand Canyon National Park, for in­ policy, in those instances where invita­ ' 5. Initial implementation criteria. The formation as to the requirements of the tion of public comments is considered to Runway Touchdown Zone Marking shall proposed permit. be in the public interest. It is not a notice be installed on both ends of all weather of proposed rule making or other rule- Dated: March 10, 1970. runways. Fixed distance marking shall making action. be installed on the approach end of all R o bert R . L o veg r en , Interested persons are invited to sub­ runways 5,000 feet or longer, used for Superintendent. mit such written data and comments as turbojet aircraft operations. For opera­ [F.R. Doc. 70-3212; Filed, Mar. 17, 1970; they may desire. Communications tions not involving turbojet aircraft, the 8:45 a.m.] should identify the notice number and 1,000-foot fixed distance marking may be submitted in duplicate to: Director, be omitted, leaving two groups of three Systems Research and Development stripes at the 1,000-foot point. Generally, department o f housing and Service, Attention: RD-54, Federal Avia­ this new configuration shall be applied tion Administration, Department of and the old marking obliterated as Transportation, 800 Independence Ave­ repainting -is necessary. nue SW., Washington, D.C. 20590, on or URBAN DEVELOPMENT 6. Directed action. Subject to applica­ before May 18, 1970. All comments sub­ actin g a ssista n t r e g io n a l a d ­ ble rule making, programing, and budg­ mitted will be available for examination, ministrator FOR HOUSING AS­ both before or after the closing date for etary procedures, action shall be taken SISTANCE REGION III (ATLANTA) by the elements of the Federal Aviation comments, in Room 720, 800 Independ­ Administration concerned to implement Designation ence Avenue SW., Washington, D.C. this selection in accordance with the . *^le officers appointed to the follow­ The text of the proposed Selection Or­ foregoing implementation criteria or ing listed positions in Region II I der is as follows: such modifications thereof as may be

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4714 NOTICES

hereinafter approved by or on behalf of Issued in Washington, D.C., on March the Conference office, which shall promptly the Administrator. advise the other Members: Provided, how­ 11, 1970. ever, That the retention of security for the This notice is issued under sections payment of outstanding obligations here­ J o h n A. W eber, 307(b) and 312(c) of the Federal Avia­ under shall not be considered as a penalty. tion Act of 1958 (49 U.S.C. 1348(b) and Director, Systems Research Notice of withdrawal of any party shall be 1353(c)). and Development Service. furnished promptly to the Federal Maritime Commission. 2. On December 8, 1969, AEIL advised the Conference that it would resign from membership therein, effective Jan­ uary 20, 1970. 3. On the following day, the Confer­ ence Chairman advised AEIL that the resignation could not be effective on such date since he interpreted the above quoted provision of the Conference agreement as requiring not less than 90 days’ written notice prior to the effec­ tive date of termination of Conference membership. 4. On or’ about December 19, 1969, F igure 1.— Typical 3,000-Foot Touchdown Zone Marking and 1,000-Foot Fixed-Distance AEIL filed with the Commission its Markers. Not to Scale. Tariff No. 1, FMC 106, effective Janu­ ‘ [F.R. Doc. 70-3215; Filed, Mar. 17, 1970; 8:45 a.m.] ary 20,1970, which provided independent rates for transportation in the trade cov­ of the specific commodity description ered by the Conference agreement. CIVIL AERONAUTICS BOARD contained therein for purposes of tariff The resolution of the problem of the lawfulness of the manner of AEIL’s res­ [Docket No. 20993; Order 70-3-60] publication. Persons entitled to petition the Board ignation from the Conference depends INTERNATIONAL AIR TRANSPORT for review of this order, pursuant to the upon the proper interpretation of the ASSOCIATION Board’s regulations, 14 CFR 385.50, may, provision in Article n of the Conference within 10 days after the date of service of agreement which allows a member to Order Regarding Specific Commodity this order, file such petitions in support withdraw from the Conference without Rates of or in opposition to our proposed action penalty upon 90 days notice. The Con­ herein. ference contends that this provision pro­ Issued under delegated authority hibits withdrawal on less than 90 days March 12,1970. This order will be published in the F ederal R eg iste r . notice. AEIL maintains that it permits An agreement has been filed with the withdrawal on less than 90 days notice Board pursuant to section 412(a) of the [ s e a l ] * H arry J. Z i n k , subject to the payment of such penalties Federal Aviation Act of 1958 (the Act) Secretary. as may be provided in the agreement and part 261 of the Board’s Economic for such withdrawal. The question pre­ Regulations, between various air car­ [F.R. Doc. 70-3248; Piled, Mar. 17, 1970; 8:47 a.m.] sented appears to be solely a matter of riers, foreign air carriers, and other car­ law involving an examination of the pro­ riers, embodied in the resolutions of the vision of section 15, Shipping Act, 1916, joint conferences of the International that “ any member may withdraw from Air Transport Association (IA T A ), and FEDERAL MARITIME COMMISSION [Conference] membership upon reason­ adopted pursuant to the provisions of able notice without penalty for such Resolution 590 dealing with specific com­ [Docket No. 70-13] withdrawal” and the requirement of our modity rates. General Order 9 (46 CFR 523) that “any The agreement, adopted pursuant to NORTH ATLANTIC FRENCH ATLANTIC FREIGHT CONFERENCE party may withdraw from the Confer­ unprotested notices to the carriers and ence without penalty by giving at least promulgated in an IA TA letter dated Petition for Declaratory Order 30 days written notice of intention to February 23,1970, names additional spe­ withdraw from the Conference * * *” cific commodity rates, as set forth below, On January 23, 1970, the North A t­ to determine if the Conference’s inter­ which reflect significant reductions from lantic French Atlantic Freight Con­ pretation is. lawful. the general cargo rates: ference (the Conference) filed a peti­ Under section 5(d) of the Administra­ B-24 Commodity Item No. 7107—Daily tion for a declaratory order stating tive Procedure Act (5 U.S.C. 554(e)) we Newspapers, 70 cents per kg., minimum that the manner in which American are given broad discretion whether to weight 100 kgs. Between New York and Export Isbrandtsen Lines (AEIL) had issue a declaratory order to terminate a London.1 withdrawn from the Conference was controversy or to remove uncertainty. We Pursuant to authority duly delegated unauthorized by, and constituted a find that the petition and reply set forth by the Board in the Board’s regulations, breach of, the Conference agreement a true controversy and that the uncer­ 14 CFR 385.14, it is not found, on a ten­ and was at that time ineffectual. On tainty as to the proper interpretation of tative basis, that the subject agreement February 5, 1970, AEIL replied, main­ the provision in Article II of the Confer­ is adverse to the public interest or in taining that its manner of with­ ence agreement relating to withdrawal violation of the Act, provided that ten­ drawal was authorized by the Confer­ requires that we entertain the petition tative approval thereof is conditioned as ence agreement and that it was at that and issue a declaratory order. hereinafter ordered. time free to operate as a nonconference Since there appear to be no material Accordingly, it is ordered, That: carrier pursuant to an independent tariff. issues of fact in dispute, this proceeding Action on Agreement CAB 21380, R-24, The following appear to be the undis­ will be limited to the filing of affidavits be and hereby is deferred with a view to­ puted facts with respect to the with­ of fact and memoranda of law, with pro­ ward eventual approval, provided that drawal of AEIL from the Conference: vision for the taking of evidence only if approval shall not constitute approval 1. Article II of the Conference agree­it appears that an honest dispute exists ment (Agreement No. 7770) provides in 1 Additional rates were also agreed for as to any pertinent facts. application from New York to other European, relevant part: Now, therefore, it is ordered, That pur­ points beyond London at differentials based Any Member may withdraw without pen­ suant to section 5(d) of the Administra­ on distance and ranging generally between alty from the Conference, effective not less tive Procedure Act (5 U.S.C. 554(e) ) and 2 and 15 cents. than 90 days after giving written notice to Rule 5(h) of the Commission’s rules of

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 NOTICES 4715 practice and procedure (46 CFR 502.69), (12 CFR 222.3(a)), an application by 3. Delegation, a. Pursuant to the au­ a proceeding be instituted to determine Hamilton National Associates, Inc., thority vested in me by the Federal Prop­ whether under the provisions of section Chattanooga, Tenn., a registered bank erty and Administrative Services Act of 15 of the Shipping Act, 1916, and Gen­ holding company, for the Board’s prior 1949, 63 Stat. 377, as amended, partic­ eral Order 9 (46 CFR 523.2(f)) relating approval of the acquisition of 80 percent ularly sections 201(a) (4) and 205(d) (40 to withdrawal from a conference without or more of the voting shares of Citizens U.S.C. 481(a) (4) and 486(d)), authority penalty, the North Atlantic French At­ Bank of White Pine, White Pine, Tenn. is delegated to the Secretary of Defense lantic Freight Conference may lawfully As required by section 3 (b) of the Act, to represent the interests of the execu­ prevent American Export Isbrandtsen the Board gave written notice of receipt tive agencies of the Federal Government Lines from withdrawing from the Con­ of the application to the Superintendent before the Federal Power Commission in ference and operating an independent of Banks of the State of Tennessee and a proceeding involving electric service service in the trade served by the Con­ requested his views and recommendation rates of the Union Electric Company ference until the passage of 90 days from thereon. The Superintendent responded (Docket No. E-7525). the date of resignation. that no objection to the proposed trans­ b. The Secretary of Defense may re­ It is further ordered, That this pro­ action would be made by his office. delegate this authority to any officer, ceeding shall be limited to the filing of Notice of receipt of the application was official, or employee of the Department simultaneous affidavits of fact and published in the F ederal R eg ister on of Defense. memoranda of law by the North Atlantic October 24, 1969 (34 F.R. 17315), pro­ c. This authority shall be exercised in French Atlantic Freight Conference, viding an opportunity for interested per­ accordance with the policies, procedures, American Export Isbrandtsen Lines and sons to submit comments and views with and controls prescribed by the General Hearing Counsel. Should any party feel respect to the proposed acquisition. A Services Administration, and, further, that an evidentiary hearing is required, copy of the application was forwarded to shall be exercised in cooperation with the any request for such hearing must be the U.S. Department of Justice for its responsible officers, officials, and em­ accompanied with a statement setting consideration. Time for filing comments ployees thereof. forth in detail the facts to be proven, and views has expired and all those re­ their relevance to the issues in this pro­ ceived have been considered by the Dated: March 12, 1970. ceeding* and why such proof cannot be Board. R o bert L . K u n z ig , submitted through affidavit. Request for It is hereby ordered, For the reasons Administrator of General Services. evidentiary hearing shall be filed on or set forth in the Board’s statement1 of before March 23, 1970. Affidavits of fact this date, that said application be and [F.R. Doc. 70-3244; Filed, Mar. 17, 1970; and memoranda of law shall be filed, un­ hereby is approved: Provided, That the 8:47 a.m.] less otherwise ordered by the Commis­ acquisition so approved shall not be con­ sion, on or before April 3, 1970. An summated (a) before the 30th calendar original and 15 copies of affidavits of fact day following the date of this order, and memoranda of law are required to be or (b) later than 3 months after the date SECURITIES AND EXCHANGE filed with the Secretary, Federal Mari­ of this order, unless such period is ex­ time Commission, Washington, D.C. tended for good cause by the Board or by COMMISSION 20573. Copies of any papers filed with the Federal Reserve Bank of Atlanta [70-4844] the Secretary should also be served upon pursuant to delegated authority. all parties hereto. CENTRAL AND SOUTH WEST CORP. By order of the Board of Governors,8 It is further ordered, That this order March 12,1970. Notice of Proposed Issuance and Sale be published in the F ederal R eg ister of Common Stock at Competitive and served upon the parties to this [ s e a l ] K e n n e t h A . K e n y o n , proceeding. Deputy Secretary. Bidding Persons other than the present parties [F.R. Doc. 70-3238; Filed, Mar. 17, 1970; M arch 12, 1970. to this proceeding who desire to become 8:46 a.m.] Notice is hereby given that Central and parties shall file a petition for leave to South West Corp. (“ Central” ) , 800 Dela­ intervene in accordance with Rule 5(1) ware Avenue, Wilmington, Del. 19899, a (46 CFR § 502.72) of the Commission’s registered holding company, has filed a rules of practice and procedure no later GENERAL SERVICES declaration with the Commission pur­ than March 23, 1970. suant to the Public Utility Holding Com­ By the Commission. ADMINISTRATION pany Act of 1935 (“Act”), designating [Federal Property Management Regulations, sections 6(a) and 7 of the Act and Rule [ seal] F r a n c is C. H u r n e y , Temporary Reg. F-66] 50 promulgated thereunder as applicable Secretary. to the proposed transaction. All inter­ [F.R. Doc. 70-3249; Piled, Mar. 17,'1970; SECRETARY OF DEFENSE ested persons are referred to the decla­ 8:47 a.m.] Delegation of Authority ration, which is summarized below, for a complete statement of the proposed 1. Purpose. This regulation delegates transaction. authority to the Secretary of Defense to Central proposes to issue and sell, FEDERAL RESERVE SYSTEM represent the customer interest of the pursuant to the competitive bidding re­ Ha m ilto n Na t io n a l a s s o c ia t e s , Federal Government in an electric serv­ quirements of Rule 50 promulgated under INC. ice rate proceeding. the Act, 1 million shares of its author­ 2. Effective date. This regulation is ized and unissued common stock, par Order Approving Application Under effective immediately. value $7 per share, at a price to be de­ Bank Holding Company Act 1 Filed as part of the original document. termined by the competitive bidding. In the matter of the application of Copies available upon request to the Board The net proceeds from the sale of the of Governors of the Federal Reserve System, common stock, estimated to aggregate o w i lt0n Nati» nal Associates, Inc., Washington, D.C. 20551, or to the Federal approximately $40 million, will be used L-nattanooga, Tenn., for approval of ac­ Reserve Bank of Atlanta. Dissenting State­ in part for payment of its short-term quisition of 80 percent or more of the ment of Governors Robertson and Maisel also voting shares of Citizens Bank of White notes anticipated to be outstanding in filed as part of the original document and the amount of $12 million at the date of Plne> White Pine, Tenn. available upon request. the proposed sale of common stock. Cen­ There has come before the Board of 2 Voting for this1 action : Chairman Martin and Governors Mitchell, Daane, Brimmer, tral also intends to apply, subject to sub­ ¡£°+trn« s’ Pursuant to section 3(a) (3) and Sherrill. Voting against this action: sequent approval by this Commission, ion« H o lin g Company Act of Governors Robertson and Maisel. Chairman substantially all of the balance of the net (J2 U.S.C. 1842(a) (3 )), and § 222.3 Burns was not a member of the Board on proceeds of the proposed sale of common vai of Federal Reserve Regulation Y the date of the Board’s decision. stock to the purchase, at the par value,

FEDERAL REGISTER, V O L 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4716 NOTICES

from time to time primarily during 1970 ordered) and any postponements [Docket No. RI70-1184 etc.] and 1971 of additional shares of the thereof. common stock of its subsidiaries, Central SHELL OIL CO.f ET AL. For the Commission (pursuant to Power and Light Co., Southwestern Elec­ Order Providing for Hearings on and tric Power Co., Public Service Company delegated authority). of Oklahoma, and West Texas Utilities [ s e a l ] O rval L. D u B o is , Suspension of Proposed Changes in Co. Any remainder of such net proceeds Secretary. Rates 1 will be used by Central for its general [F.R. Doc. 70-3236; Filed, Mar. 17, 1970; F e b r u a r y 13, 1970. * corporate purposes. The proposed con­ 8:46 a.m.] struction expenditures of the subsidiary The respondents named herein have companies for 1970 and 1971 are pres­ filed proposed increased rates and ently estimated at $127,600,000 and $134,- charges of currently effective rate sched­ 700,000, respectively. ules for sales of natural gas under Com­ FEDERAL POWER COMMISSION mission jurisdiction, as set forth in The fees and expenses to be incurred [Docket No. RP68-20] Appendix A hereof. by Central in connection with the pro­ The proposed changed rates and posed transaction are estimated at MICHIGAN WISCONSIN PIPE LINE CO. charges may be unjust, unreasonable, un­ $73,000, including accountants’ fees of duly discriminatory, or preferential, or $7,500 and fees of counsel of $21,350. The Notice of Motion To Amend Rate Settlement Orders otherwise unlawful. fees and expenses of counsel for the The Commission finds: It is in the underwriters are estimated at $10,800 M ar ch 13, 1970. public interest and consistent with the and are to be paid by the successful Natural Gas Act that the Commission bidders. Notice is hereby given that Michigan Wisconsin Pipe Line Co. (Michigan Wis­ enter upon hearings regarding the law­ Notice is further given that any inter­ consin) on March 11,1970, filed a motion fulness of the proposed changes, and that ested person may, not later than April 8, requesting the Commission to amend its the supplements hérein be suspended and 1970, request in writing that a hearing orders issued on April 28,1969, and Octo­ their use be deferred as ordered below. be held on such matter, stating the na­ ber 29, 1969, in the above-captioned pro­ The Commission orders; ture of his interest, the reasons for such ceeding by effectuating a modification of (A ) Under the Natural Gas Act, par­ request, and the issues of fact or law the settlement agreement approved by ticularly sections 4 and 15, the Regula­ raised by said déclaration which he de­ those orders. tions pertaining thereto (18 CFR sires to controvert; or he may request The proposed modification of the set­ Ch. I), and the Commission’s rules of that he be notified if the Commission tlement agreement would: (1) Relieve practice and procedure, public hearings should order a hearing thereon. Any Michigan Wisconsin from the obligation shall be held concerning the lawfulness such request should be addressed: Sec­ to reduce the present level of rates to of the proposed changes. retary, Securities and Exchange Com­ reflect the reduction and the scheduled (B) Pending hearings and decisions mission, Washington, D.C. 20549. A copy elimination of the Federal income tax thereon, the rate supplements herein are of such request should be served per­ surcharge; (2) continue Michigan Wis­ suspended and their use deferred until sonally or by mail (airmail if the person consin’s right to track supplier rate in­ date shown in the “ Date Suspended Un­ being served is located more than 500 creases but extend the present provision til’’ column, and thereafter until made miles from the point of mailing) upon to include supplier increases which may effective as prescribed by the Natural Gas the declarant at the above-stated ad­ become effective prior to November 1, Act. dress, and proof of service (by affidavit 1971, in lieu of November 1, 1970; and (C) Until otherwise ordered by the or, in case of an attorney at law, by (3) extend the moratorium on a general Commission, neither the suspended sup­ certificate) should be filed with the re­ rate increase from November 1, 1970, to plements, nor the rate schedules sought quest. At any time after said date, the November 1, 1971. to be altered, shall be changed until dis­ declaration, as filed or as it may be Copies of the filing were served on all position of these proceedings or expira­ amended, may be permitted to become parties to this proceeding, each of Michi­ tion of the suspension period. effective as provided in Rule 23 of the. gan Wisconsin’s customers, and inter­ (D) Notices of intervention or peti­ tions to intervene may be filed with the general rules and regulations promul­ ested State commissions and municipali­ ties. Federal Power Commission, Washington, gated under the Act, or the Commission D.C. 20426, in accordance with the rules may grant exemption from such rules as Protests, objections, or comments may be filed with the Federal Power Commis­ of practice and procedure (18 CFR 1.8 provided in Rules 20(a) and 100 thereof sion, Washington, D.C. 20426, pursuant and 1.37(f)) on or before April 6, 1970. or take such other action as it may deem to the Commission’s rules of practice and By the Commission. appropriate. Persons who request a procedure, on or before March 24, 1970. [ s e a l ] G o r d o n M . G r an t, hearing or advice as to whether a hear­ G o r d o n M. G r a n t , Secretary. ing is ordered will receive notice of Secretary. further developments in this matter, in­ [F.R. Doc. 70-3282; Filed, Mar. 16, 1970; 1Does not consolidate for hearing or dis­ cluding the date of the hearing (if 12:04 p.m.j pose of the several matters herein.

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 NOTICES 4717

A ppendix A

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

RI70-1184— Shell Oil Co., 50, West 378 2 Natural Gas Pipeline Co. of America $12,097 1-19-70 * 2-19-70 7-49-70 *16.0 **17.8668 60th Street, New (Nile Field, Willacy County, Tex.) York, N .Y . 11020. (R R . District No. 4). RI70-1185-. Union Producing Co.,» 269 2 Natural Gas Pipeline Co. of America 5,420 1-19-70 2 2-19-70 7-19-70 16.06 **17.8668 RI70-5981 900 Southwest Tower, (Cavasso Creek Field, Aransas Houston, Tex. 77002. County, Tex.) (RR. District No. 4)...... do • i ...... 270 2 United Gas Pipe Line Co.7 (Pettus 3,684 1-19-70 «2-19-70 7-19-70 * 16.0595 *••17.0632 RI70-596. (Vicksburg 2,900) Field, Bee County, Tex.) (R R ; District No. 2). RI70-1186-. Gulf Oil Corp. (Operator) 193 » 1-23 Transwestem Pipeline Co. (Wahaand 11 355 1-19-70 « 2-19-70 « A c ­ « 16.78 ***18.0788 RI70-808. et al. Worsham Fields, Pecos and Reeves cepted Counties, Tex.) (R R . District No. 8) (Permian Basin Area). RI70-1187.. Phillips Petroleum C o ... 279 u 17 E l Paso Natural Gas Co. (Hogsback 23,404 1-19-70 « 2-19-70 7-19-70 15.6148 » 47 « 18.7775 RI70-26& Field, Sublette County, Wyo.). RI70-1188— Pan American Petro­ 363 «28 E l Paso Natural Gas Co. (Basin Da­ 540 1 - 2 1 - 7 0 * 2-21-70 7-21-70 13.0 • 4714.0 leum Corp. (Operator) kota Field, San Juan and Rio Arriba et al. Counties, N . Mex.) (San Juan Basin Area). RI70-1189— General Petroleum 5 2 E l Paso Natural Gas Co. (Basin Da- 220 1-22-70 «• 2-22-70 7-22-70 13.0 • 47 14.0 Corp. et aL 6 4 kota Field, San Juan and Rio Arriba 750 1-23-70 ««2-23-70 7-23-70 13.0 8 IT 14. o Counties, N . Mex.) (San Juan Basin Area);

> The stated effective date is the effective date requested by Respondent. 42 New gas-well gas only; • Increase to contractually provided for initial rate plus applicable tax reimburse­ 14 Increase to contract rate; ment. » Applicable to Tip Top Unit only. Respondent collecting 18.7775 cents effective 4 Pressure base is 14.65 p.s.i.a. subject to refund in Docket No. RI70-266 for gas from Hogsback and Dry Piney •Permanently certificated initial rate. Units.X •Name changed to Pennzoil Producing Co. effective Jan. 1/ 1970. i6 “ Fractured” rate. Contract provides for a rate of 19.5 cents plus applicable tax 7 Union Producing and United are both subsidiaries of Pennzoil United, Inc. reimbursement. • Periodic rate increase. 47 Pressure base is 15.025 p.s.i.a. • Subject to a downward B .t.u. adjustment. is includes 1 cent payment by buyer for gas delivered at 860 p.s.i.g. 10 Corrects filing of N ov. 14, 1969, which was suspended in Docket No. RI70-808 >* Applicable to acreage added by Supplement No. 27. until May 15,1970. 2° The stated effective date is the first day after expiration of the statutory notice; “ Increase in dollar amount over dollar amount reported for previous filing of 21 Increased rate applicable to sales of gas under Supplements Nos. 57 and 58 to Nov. 14,1969. Rate Schedule No. 2, only; 42 Accepted for filing subject to the existing rate suspension proceeding in Docket No. RI70-808. Phillips Petroleum Co. (Phillips) requests conclude that the corrected notice of change Laurel, Mont., to points in western that its proposed rate increase be permitted should be accepted for filing subject to the trunkline territory. to become e ffe c tiv e as o f Jan u ary 19, 1970. existing suspension proceeding of the pre­ Grounds for relief—Market competi­ General Petroleum Corp. et al. (General Pe­ vious rate increase in Docket No. RI70-808. tion. troleum) , requests a retroactive effective date All of the producers' proposed increased of January 1, 1969, fo r its proposed ra te in ­ rates and charges exceed the applicable price Tariff—Supplement 62 to Trans­ creases. G ood cause has n o t b e en sh ow n fo r levels for increased rates as set forth in the continental Freight Bureau, agent, tar­ waiving the 30-day notice requirement pro­ Commission’s statement of general policy iff ICC 1785. vided in section 4(d) of the Natural Gas Act No. 61-1, as amended (18 CFR, Chapter I, FSA No. 41919—Lumber and forest to permit earlier effective dates for Phillips P a rt 2, § 2.56). products between points in eastern and General Petroleum’s rate filings and [F .R . Doc. 70-3321; F iled , M ar. 17, 1970; Canada and southern territory. Filed by such requests are denied. 8:49 a.m .] O. W. South, Jr., agent, for interested Phillips’ proposed rate increase includes partial reimbursement of a severance tax rail carriers. Rates on lumber and forest enacted in 1969 by the State of Wyoming. products, in carloads, as described in the Phillips’ proposed increase reflects a double application, between points in eastern amount of contractually entitled tax reim­ INTERSTATE COMMERCE Canada, on the one hand, and points in bursement to provide reimbursement for southern territory, on the other. taxes applicable to past production back to COMMISSION Grounds for relief—Short-line dis­ January 1, 1968. S in ce P h illip s ’ ra te in crease tance formula and grouping. reflects not only tax reimbursement but also FOURTH SECTION APPLICATIONS FOR a periodic escalation it should be suspended Tariffs—Supplement 157 to Southern for 5 months upon expiration of the statutory RELIEF Freight Association, agent, tariff ICC notice. M ar ch 13, 1970. 1249, and Canadian Freight Association After the amount of tax reimbursement tariff ICC 317. applicable to past production has been re­ Protests to the granting of an appli­ covered, Phillips shall file an appropriate cation must be prepared in accordance By the Commission. rate decrease under its FPC Gas Rate Sched­ with Rule 1100.40 of the general rules of [ s e a l ] H . N e il G a r s o n , ule No. 279 to reduce the rate proposed practice (49 CFR 1100.40) and filed Secretary. herein so as to provide for tax reimbursement within 15 days from the date of publica­ for future production only. Phillips will also tion of this notice in the F ederal [F .R . D oc 70-3256; F iled , M ar. 17, 1970; be required to refund any reimbursement re­ 8:48 a.m .] R e g ist e r . lating to the Wyoming tax collected in this proceeding in the event the tax is for any L o n g - a n d -S h o r t H a u l reason held invalid upon judicial review. [N o tic e 9] FSA No. 41918— Asphalt and related * ®ulf Oil Corp. (Operator) et al. (Gulf), MOTOR CARRIER ALTERNATE ROUTE has filed a corrected rate increase for a sale articles to points in western trunkline of gas to Transwestern Pipeline Co. in the territory' Filed by Trans-Continental DEVIATION NOTICES Permian Basin Area of Texas. Gulf inad­ Freight Bureau, agent (No. 460), for in­ M ar ch 13,1970. vertently included volumes for new gas well terested rail carriers. Rates on asphalt gas with old gas well gas at the old gas well (asphaltum), natural, byproduct or The following letter-notices of pro­ gas price in the previous filing. The corrected petroleum (other than paint, stain or posals to operate over deviation routes i « )v 7 t*oes n°f; change the proposed rate of for operating convenience only have varnish), petroleum road oil and petro­ .0788 cents but because the underlying rate been filed with the Interstate Commerce or new gas well gas is different than the leum wax tailings, in tank carloads, as Commission under the Commission’s Re­ price for old gas well gas, the dollar amount described in the application, from vised Deviation Rules—Motor Carriers of is increased b y $355. I n th is s itu a tio n , w e Billings, East Billings, Great Falls, and Property, 1969 (49 CFR 1042.4(d) (11))

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH. 18, 1970 4718 NOTICES and notice thereof to all interested per­ No. MC 52110 (Deviation No. 3), operate as a common carrier, by motor sons is hereby given as provided in such BRADY MOTORFRATE, INC., 2150 vehicle, of general commodities, with cer­ rules (49 CFR 1042.4(d) (11)). Grand Avenue, Des Moines, Iowa 50312, tain exceptions, over deviation routes as Protests against the use of any pro­ filed March 4, 1970. Carrier proposes to follows: (1) From junction U.S. Highway posed deviation route herein described operate as a common carrier, by motor 21 and Ohio Highway 82 over Ohio may be filed with the Interstate Com­ vehicle, 6f general commodities, with Highway 82 to junction Ohio High­ merce Commission in the manner and certain exceptions, over a deviation route ways 8 and 82, thence over Ohio High­ form provided in such rules (49 CFR as follows: From junction U.S. Highway way 82 to junction Ohio Highway 7, 1042.4(d) (12)) at any time, but will not 63 and Iowa Highway 149 near Ottumwa, thence over Ohio Highway 7 to junc­ operate to stay commencement of the Iowa, over U.S. Highway 63 to junction tion Interstate Highway 80, thence proposed operations unless filed within U.S. Highway 40 near Columbia, Mo., over Interstate Highway 80 to junction 30 days from the date of publication. thence over U.S. Highway 40 to St. Louis, U.S. Highway 206, thence over U.S. Successively filed letter-notices of the Mo., and return over the same route, for Highway 206 to junction New Jersey same carrier under the Commission’s operating convenience only. The notice Highway 28, thence over New Jersey Revised Deviation Rules—Motor Carriers indicates that the carrier is presently Highway 28 to junction New Jersey High­ of Property, 1969, will be numbered con­ authorized to transport the same com­ way 18, thence over New Jersey Highway secutively for convenience in identifica­ modities, over pertinent service routes 18 to junction U.S. Highway 1 (near Edi­ tion and protests, if any, should refer to as follows: (1) From Des Moines, Iowa, son, N.J.); (2) from junction U.S. High­ such letter-notices by number. over Iowa Highway 163 to Oskaloosa, way 21 and Ohio Highway 82 over the Iowa, thence over U.S. Highway 63 to route described in (1) to junction Ohio M otor C arriers o f P r o pe r t y junction Iowa Highway 149, thence over Highway 7 and Interstate Highway 80, No. MC 2986 (Deviation No. 6), Iowa Highway 149 to junction Iowa thence over Interstate Highway 80 to I & S-McDANIEL, INC., Post Office Box Highway 78, thence over Iowa Highway junction Interstate Highway 280, thence 491, Vincennes, Ind. 47591, filed March 3, 78 to junction Iowa Highway 1, thence over Interstate Highway 280 to Newark, 1970. Carrier proposes to operate as/a over Iowa Highway 1, to junction Iowa N.J!; (3) from junction U.S. Highway 21 common carrier, by motor vehicle, of Highway 2, thence over Iowa Highway 2 and Ohio Highway 82 over the route de­ general commodities, with certain ex­ to junction Iowa Highway 114, thence scribed in (1) to junction Ohio Highway ceptions, over a deviation route as fol­ over Iowa Highway 114 to the Iowa- 7 and Interstate Highway 80, thence over lows: Between Indianapolis, Ind., and Missouri State line, thence over Missouri Interstate Highway 80 to junction Inter­ Cincinnati, Ohio, over Interstate High­ Highway 81 to Kahoka, Mo., thence over state Highway 95, thence over Interstate way 74, for operating convenience only. U.S. Highway 136 to junction U.S. High­ Highway 95 to New York, N.Y.; (4) from The notice indicates that the carrier is way 61; and (2) from St. Louis, Mo., junction Ohio Highway 8 and Ohio High­ presently authorized to transport the over U.S. Highway 61 to junction U.S. way 82 over Ohio Highway 82 to junction same commodities, over pertinent service Highway 218, thence over U.S. Highway Ohio Highway 7, thence over Ohio High­ routes as follows: (1) From Paoli, Ind., 218 to Waterloo, Iowa, thence over U.S. way 7 to junction Interstate Highway 80, over Indiana Highway 56 to Salem, Ind., Highway 63 to Rochester, Minn., thence thence over Interstate Highway 80 to thence over Indiana Highway 135 to over U.S. Highway 52 to junction Min­ junction U.S. Highway 206, thence over Brownstown, Ind., thence over U.S. High­ nesota Highway 55, thence over Minne­ U.S. Highway 206 to junction New Jer­ way 50 to Cincinnati, Ohio; (2) from sota Highway 55 to junction Minnesota sey Highway 28, thence over New Jersey junction Indiana Highways 45 and 56 Highway 5, thence over Minnesota High­ Highway 28 to junction New Jersey High­ over Indiana Highway 56 to junction way 5 to St. Paul, Minn., and return over way 18, thence over New Jersey Highway Indiana Highway 37, thence oVter Indi­ the same routes. 18 to junction U.S. Highway 1 (near ana Highway 37 to Indianapolis, Ind.; No. MC 75320 (Deviation No. 30), Edison, N .J.); . and (3) from Odon, Ind., over Indiana CAMPBELL SIXTY-SIX EXPRESS, (5) From junction Ohio Highways 8 Highway 58 to Bedford, Ind., thence INC., Post Office Box 807, Springfield, and 82, over the route described in (4) over U.S. Highway 50 to Brownstown, Mo. 65801, filed February 10, 1970, to junction Ohio Highway 7 and Inter­ Ind., and return over the same routes. amended March 2,1970. Carrier proposes state Highway 80, thence over Interstate No. MC 3379 (Deviation No. 13)., to operate as a common carrier, by motor Highway 80 to junction Interstate High­ SNYDER BROS. MOTOR FREIGHT, vehicle, of general commodities, with cer­ way 280, thence over Interstate Highway INC., 363 Stanton Avenue, Akron, Ohio tain exceptions, over a deviation route 280 to Newark, N.J.; (6) from junction 44301, filed February Iff, 1970, amended as follows: From Meridian, Miss., over Ohio Highways 8 and 82 over the route March 3, 1970. Carrier proposes to op­ U.S. Highway 80 to junction Interstate described in (4) to junction Ohio High­ erate as a common carrier, by motor Highway 85 near Montgomery, Ala., way 7 and Interstate Highway 80, thence vehicle, of general commodities, with thence over Interstate Highway 85 to A t­ over Interstate Highway 80 to junction certain exceptions, over a deviation route lanta, Ga. (traversing a portion of U.S. Interstate Highway 95, thence over In­ as follows: From Deerfield, Ohio, over Highway 29 between La Grange and A t­ terstate Highway 95 to New York, N.Y.; U.S. Highway 224 to New Castle, Pa., lanta, Ga., where Interstate Highway 85 and (7) from junction U.S. Highway 21 thence over U.S. Highway 422 to Ebens- is not completed) , and return over the and Ohio Highway 82 over Ohio High­ burg, Pa., thence over U.S. Highway 22 same route, for operating convenience way 82 to junction U.S. Highway 20, to Duncansville, Pa., thence over U.S.- only. The notice indicates that the car­ thence over U.S. Highway 20 to Toledo, Highway 220 to Bedford, Pa., and return rier is presently authorized to transport Ohio, and return over the same routes, over the same route for operating con­ the same commodities, over pertinent for operating convenience only. The no­ venience only. The notice indicates that service routes as follows: (1) From Bir­ tice indicates that the carrier is pres­ the carrier is presently authorized to mingham, Ala., over U.S. Highway 78 ently authorized to transport the same transport the same commodities, over to Atlanta, Ga.; (2) from Birmingham, commodities, over pertinent service a pertinent service route as follows: Ala., over U.S. Highway 11 to Tuscaloosa, routes as follows: (1) From Chicago, 111., From Akron, Ohio, over U.S. Highway Ala., thence over U.S. Highway 82 to over U.S. Highway 41 to junction U.S. 224 to Deerfield, Ohio, thence over A l­ Columbus, Miss.; and (3) from Colum­ Highway 6, thence over U.S. Highway 6 ternate Ohio Highway 14 (formerly Ohio bus, Miss., over U.S. Highway 45 via to Cleveland, Ohio, thence over U.S. Highway 14) to junction Ohio Highway Meridian, Miss., to Mobile, Ala., and re­ Highway 20 to Silver Creek, N.Y., thence turn over the same routes. over New York Highway 5 to Buffalo, 14, thence over Ohio Highway 14 to the No. MC 69116 (Deviation No. 38), N.Y., thence over New York Highway Ohio-Pennsylvania State line, thence SPECTOR FREIGHT SYSTEM, INC., 33 to Rochester, N.Y., thence over New over Pennsylvania Highway 51 to Roch­ 205 West Wacker Drive, Chicago, 111. York Highway 31 to Weedsport, N.Y., ester, Pa., thence over Pennsylvania 60606, filed March 6, 1970. Carrier’s rep­ thence over New York Highway 31-B to Highway 88 to Pittsburgh, Pa., thence resentative: Jack Goodman and Leonard junction New York Highway 5, thence over U.S. Highway 30 to Breezewood, R. Kofkin, 39 South La Salle Street, over New York Highway 5 to Albany, Pa., and return over the same route. Chicago, 111. 60603. Carrier proposes to N.Y., thence over U.S. Highway 9 to New

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 NOTICES 4719

York, N.Y. (also from Albany over U.S. Highway 440 near Clayton, Ohio, thence Montebello, Calif. Applicant’s represent­ Highway 9-W and bridge or ferry to over Ohio Highway 440 via Englewood, ative: Donald Murchison, 211 South New Y ork ); (2) from Chicago, 111., over Vandalia, Phoneton, and Donnelsville, Beverly Drive, Beverly Hills, Calif. Ap­ U.S. Highway 20 to Toledo, Ohio, thence Ohio, to Sugar Grove, Ohio, thence over plicant has made timely application for over Ohio Highway 2 to Sandusky, Ohio, U.S. Highway 40 via Springfield and a certificate of registration as evidence thence over U.S. Highway 6 to Cleveland, Lafayette, Ohio, to Columbus, Ohio, of the right to conduct operations, in Ohio, thence to New York as specified thence over U.S. Highway 23 to Dela­ interstate or foreign commerce, within above; ware, Ohio, thenqe over U.S. Highway limits which do not exceed thè scope (3) Prom Chicago, 111., over U.S. High­ 42 via Medina, Ohio, to Cleveland, Ohio of the intrastate operations for which way 41 to junction U.S. Highway 231 (also from Indianapolis over U.S. High­ applicant holds a State ' certificate (formerly Indiana Highway 8), thence way 52 to Cincinnati, Ohio, thence over as a common carrier by motor ve­ over U.S. Highway 231 to Crown Point, U.S. Highway 42 to junction unnumbered hicle, solely within the single State of Ind., thence over U.S. Highway 231 (for­ highway (formerly U.S. Highway 25), California. An order of the Commission, merly Indiana Highway 53) to Reming­ south of Gano, Ohio, thence over un­ Operating Rights Board, dated March ton, Ind., thence over U.S. Highway 24 numbered highway via West Chester, 3, 1970, and served March 6, 1970, finds; to Wolcott, Ind., thence over U.S. High­ Maud, Monroe, Franklin, Miamisburg, that upon full compliance with the re­ way 231 to Montmorenci, Ind., thence and West Carrollton, Ohio, to junction quirements of the Act and the rules and over U.S. Highway 52 to Indianapolis, U.S. Highway 25 near Moraine City, regulations of the Commission thereun­ Ind., thence over U.S. Highway 40 to Ohio, thence over U.S. Highway 25 to der, a certificate of registration shall be Cambridge, Ohio, thence over U.S. High­ Dayton, Ohio, thence over Ohio Highway issued to applicant, unless otherwise way 22 to junction unnumbered highway 444 via Riverside, Wright View, and ordered, which certificate of registration (formerly U.S. Highway 22), thence over Fairborn, Ohio, to junction unnumbered shall (1) correspond in scope to the rights unnumbered highway via Moon Run and highway (formerly Ohio Highway 4), in certificate of public convenience and Crafton, Pa., to Pittsburgh, Pa., thence thence over unnumbered highway via necessity granted in Decision No. 59844, over U.S. Highway 22 to Harrisburg, Pa., Enon, Ohio, to Springfield, Ohio, also as extended by certificate of public con­ thence over U.S. Highway 230 to Lan­ from Dayton, Ohio, over Ohio Highway venience and necessity granted in De­ caster, Pa., thence over U.S. Highway 30 49 to junction U.S. Highway 40, thence cision No. 76439, dated November 18, to Philadelphia, Pa., thence over U.S. to Cleveland as specified above; also 1969, by the Public Utilities Commission Highway 1 to Boston, Mass.; (4) from from Indianapolis, Ohio, as specified of the State of California; and (2) em­ Chicago, HI., to Harrisburg, Pa., as spe­ above, thence over U.S. Highway 42 to brace and supersede the certificate of cified above, thence over U.S. Highway Delaware, Ohio, thence to Cleveland as registration issued in No. MC-97382 22, to junction unnumbered highway specified above; and also from Indianap­ (Sub-No. 2), supported by certificate of (formerly U.S. Highway 22) near Bethel, olis, Ind., to Medina, Ohio, as specified public convenience and necessity granted Pa., thence over unnumbered highway above, thence over Ohio Highway 18 to in Decision No. 59844, dated March 29, via Bethel and Strausstown, Pa., to junc­ Akron, Ohio, thence over Ohio Highway 1960, as evidence of a right to engage in tion U.S. Highway 22, thenco over U.S. 8 to Cleveland), and return over the operations in interstate or foreign com­ Highway 22 to junction unnumbered same routes. merce, as a common carrier by motor ve­ highway (formerly U.S. Highway 22) hicle, transporting the commodities near Walbort, Pa., thence over unnum­ By the Commission. from, to, or between the points, over the bered highway via Allentown, Bethle­ [ s e a l ] H. N e il G a r s o n , routes, or within the territory, and in the hem, Butztown, and Wilson, Pa., to junc­ Secretary. manner described and subject to such tion U.S. Highway 22, thence over U.S. additional and further conditions as may Highway 22 to Clinton, N.J., thence over [F.R. Doc. 70-3252; Filed, Mar. 17, 1970; be necessary to give effect to the provi­ unnumbered highway (formerly U.S. 8:48 a.m.} sions of section 206(a)(6) of the Inter­ Highway 22) via Annandale and Leba­ state Commerce Act, as amended. In non, N.J., to junction U.S. Highway 22, [Notice 25] order to facilitate the handling of this thence over U.S. Highway 22 to junction republication only that portion of the New Jersey Highway 28 (formerly U.S. MOTOR CARRIER APPLICATIONS AND authority granted by the said order Highway 22), thence over New Jersey CERTAIN OTHER PROCEEDINGS (shown under Area Part 1(1) (b) ) will be Highway 28 to junction U.S. Highway 202 published in the F ederal R eg ist e r in lieu M arch 13, 1970. (formerly U.S. Highway 22), thence over of the entire appendix, as follows: Part U.S. Highway 202 to junction U.S. High­ The following publications are gov­ I * * * transportation, as a highway way 22, thence over U.S. Highway 22 to erned by the new Special Rule 247 of common carrier, of general commodities Newark, N.J., thence as specified above the Commission’s rules of practice, pub­ between the points and over the routes to Boston, Mass.; lished in the F ederal R e g ister , issue of described below: (5) Prom Huntington, Ind., over U.S. December 3,1963, which became effective Area 1. Between the San Francisco January 1,1964. Highway 224 to junction U.S. Highway territory as described in Part I I below, 422, thence over U.S. Highway 422 to The publications hereinafter set forth the Los Angeles territory as described in Ebensburg, Pa., thence over U.S. High­ reflect the scope of the applications as Part IH below, the San Diego area as way 22 to Harrisburg, Pa., thence to filed by applicant, and may include de­ described in Part IV below (such de­ Philadelphia, Pa., as specified above; (6) scriptions, restrictions, or limitations scriptions shall apply to all further refer­ from Erie, Pa., over U.S. Highway 19 to which are not in a form acceptable to ence to said territories and area), and Meadville, Pa., thence over U.S. Highway the Commission. Authority which ulti­ Sacramento, via» any and all highways 322 to Franklin, Pa., thence over Penn­ mately. may be granted as a result of including the right to serve all points and sylvania Highway 8 to Butler, Pa.; (7) the applications here noticed will not places on and along and within 10 miles from Westfield, N.Y., over New York necessarily reflect the phraseology set laterally of the following routes: (b) Highway 17 to Jamestown, N.Y., thence forth in the application as filed, but also Junction State Highway No. 65 with U.S. over New York Highway 60 to Frews- will eliminate any restrictions which are Highway No. 99 (Interstate 5) ; north to + N'Y., thence over U.S. Highway 62 not acceptable to the Commission. junction State Highway No. 65 and State to Franklin, Pa.; (8) from Cleveland, A pplications A s sig n e d for O ral H ear ing Highway No. 198; easterly along State tto T0 v e r u s - Highway 21 to junction Highway No. 198 to junction with State MOTOR CARRIERS OF PROPERTY y o. Highway 224; (9) from Washing­ Highway No. ^9; northerly along State ton, D.C., over U.S. Highway 1 to Balti­ No. MC 97382 (Sub-No. 3) (Republi­ Highway No. 69 to junction State High­ more, Md., thence over U.S. Highway 40 cation) , filed February 2, 1968, and pub­ way No. 63; westerly and southerly via o junction U.S. Highway 13, thence over lished in the F ederal R eg ister issue of u-b. Highway 13 to Philadelphia, Pa., February 21, 1968, under State Docket State Highway No. 63 to Viscalia; thence nence over U.S. Highway 1 to New York, No. 50002, and republished this issue. Ap­ westerly along State Highway No. 198 to nvo from Indianapolis, Ind., plicant; STERLING TRANSIT COM­ junction with U.S. Highway No. 99 (In ­ er U.S. Highway 40 to junction Ohio PANY, INC., 833 South Maple Avenue, terstate 5). The previous publication in

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 No. 53— Pt. I— —5 4720 NOTICES the F ederal R eg ister of the State au­ in the F ederal R eg ister issue of Sep­ Area, Vt., and return over the same route, thority sought is somewhat more limited tember 25, 1969, and republished this serving all intermediate points; and (2) than that authorized by the State Com­ issue. Applicant: MURRAY HILL LIM­ in foreign commerce only, as a common mission and that because it is possible OUSINE SERVICE, LTD., a corporation, carrier by motor vehicle, over irregular that interested parties, who have relied 1380 Barre Street, Montreal, Quebec, routes, of passengers and their baggage upon the notice of the application as Canada. Applicant’s representative: John in the same vehicle with passengers, in published in the F ederal R er ister , may J. Brady, Jr., 75 State Street, Albany, special and charter operations, between have an interest in and would be preju­ N.Y. 12207. By application filed Au­ the ports of entry described in (1) above, diced by the lack of proper notice of the gust 7, 1969, applicant seeks a certificate on the one hand, and on the other, points authority described in the appendix to of public convenience and necessity au­ on the routes described in (1) above, dur­ this order, a notice of the additional au­ thorizing operation, in interstate or for­ ing the period extending from October 1 thority granted by this order will be pub­ eign commerce, as a common carrier by through April 30, both inclusive, of each lished in the F ederal R e g ister issuance motor vehicle; (1) over regular routes, of year; that applicant is fit, willing, and of a certificate of registration in this passengers and their baggage in the able properly to perform such service proceeding will be withheld for a period same vehicle with passengers; (a) be­ and to conform to the requirements of of 30 days from the date of such publi­ tween the port of entry on the United the Interstate Commerce Act and the cation, during which period any proper States-Canada boundary line at or near Commission’s rules and regulations party in interest may file an appropriate north Troy, Vt., and Jay Peak, Vt., from thereunder. Because it is possible that pleading with this Commission to reopen the port of entry on the United States- other persons, who have relied upon the or for other appropriate relief setting Canada boundary line at or near North notice of the application as published, forth in detail the precise manner in Troy, Vt., over Vermont Highway 161 may have an interest in and would be which it has been so prejudiced. and 242 to Jay Peak, Vt., and return over prejudiced by the lack of proper notice No. MC 116077 (Sub-No. 273) (Repub­ the same route, serving all intermediate of the authority described in the findings lication) filed August 21, 1969, published points; and (b) between the port of en­ in this order, a notice of the authority in the F ederal R egister issue of Sep­ try on the United-States Canada bound­ actually granted will be published in the tember 25, 1969, and republished, this ary line at or near Highgate Springs, F ederal R eg ister and issuance of a cer­ issue. Applicant: ROBERTSON TANK Vt., and Madonna Mountain, Vt., from tificate in this proceeding will be with­ LINES, INC., 5700 Polk Avenue, Post the port of entry on the United States- held for a period of 30 days from the Office Box 1505, Houston, Tex. 77001. Ap­ Canada boundary line at or near High- date of such publication, during which plicant’s representative: Thomas E. gate Springs, Vt., over U.S. Highway 7 period any proper party in interest may James, The 904 Lavaca Building, Austin, and Interstate Highway 89 to St. Albans, file a petition to reopen or for other ap­ Tex. 78701. By application filed Au­ Vt., thence over Vermont Highway 104 propriate relief setting forth in detail the gust 21,1969, Robertson Tank Lines, Inc., to Jeffersonville, Vt., thence over Ver­ precise manner in which it has been so of Houston, Tex., seeks a certificate of mont Highway 108 to Madonna Moun­ prejudiced. public convenience and necessity author­ tain, Vt., and return over the same No. MC 129080 (Sub-No. 1) (Republi­ izing operation, in interstate or foreign routes, serving all intermediate points; cation) , filed October 15, 1969, published commerce, as a common carrier by motor and (2) over irregular routes, of pas­ in the F ederal R e g ister issue of No­ vehicle, over irregular routes, of sodium sengers and their baggage in the same vember 6, 1969, and republished this is­ silicate, in bulk, from Pineville, La., to vehicle with passengers, in special opera­ sue. Applicant: CHARLES CORBISH- points in Alabama, Georgia, Mississippi, tions (special tours or special party LEY, doing business as; QUICK WAY, and Tennessee (except Kingsport, rights), to points on the above-men­ 99 Union Road, Spring Valley, N.Y. Tenn.). A supplemental order of the tioned routes, restricted to traffic orig­ 10977. Applicant’s representative: Commission, Operating Rights Board, inating in the Province of Quebec, George A. Olsen, 69 Tonnele Avenue, dated February 16, 1970, and served Canada, moving through the desig­ Jersey City, N.J. 07306. By application March 4, 1970, which modifies its nated ports of entry, and return from filed October 18, 1969, the above-named previous order of January 20, 1970, the points on above-designated routes applicant seeks a permit authorizing op­ finds; that the present and future public through the designated ports of entry to erations, in interstate or foreign com­ convenience and necessity require oper­ Province of Quebec, Canada, during the merce, as a contract carrier by motor ation by applicant, in interstate or skiing season from and including Octo­ vehicle, over irregular routes, of (1) foreign commerce, as a common car­ ber to and including April; An order of dresses on hangers, and such commodi­ rier by motor vehicle, over irregular the Commission, Operating Right Board, ties as are dealt in or used by chain routes, of sodium silicate, in bulk, from dated February 6, 1970, and served grocery or department stores, from Pineville, La., to points in Alabama, February 19, 1970, finds that the present Paramus and Mahwah, N.J., to Burling­ Georgia, Missouri, and Tennessee (except and future public convenience and neces­ ton, Vt.; Plattsburgh and Albany, N.Y.; Kingsport, Tenn., and points in com­ sity require operation by applicant; (1) and Westchester and Sunbury, Pa.; and mercial zone); that applicant is fit, will­ in interstate or foreign commerce, as a (2) surplus and damaged merchandise, ing, and able properly to perform such common carrier by motor vehicle, of from Burlington, Vt.; Plattsburgh and service and to conform to the require­ passengers and their baggage in the same Albany, N.Y.; and Westchester and ments of the Interstate Commerce Act vehicle with passengers; Sunbury, Pa.; to Paramus and Mahwah, and the Commission’s rules and regula­ (a) Between the port of entry on the N.J. An order of the Commission, Oper­ tions thereunder. Because it is possible international boundary line between the ating Rights Board, dated February 24, that other parties, who have relied upon United States and Canada on Vermont 1970, and served March 6, 1970, finds the notice of the application as pub­ Highway 105A near North Troy, Vt., and that operation by applicant, in inter­ lished, may have an interest in and would Jay Peak Ski Area, Vt., from said port state or foreign commerce, as a contract be prejudiced by the lack of proper notice of entry over Vermont Highway 105A carrier by motor vehicle, over irregular of the authority described in the findings to North Troy, Vt., thence over Ver­ routes, of (1) dresses on hangers; and in this order, a notice of the authority mont Highway 101 to junction Vermont (2) such commodities as are dealt in or actually granted will be published in the Highway 242, and thence over Vermont used by chain grocery or department F ederal R egister and issuance of a cer­ Highway 242 to Jay Peak Ski Area, and stores, from Paramus and Mahwah, NJ., tificate in this proceeding will be with­ return over the same route, serving all to points in Albany and Clinton Counties, held for a period of 30 days from the date intermediate points; and (to) between N.Y.; and Chester and Northumberland of such publication, during which period the port of entry on the international Counties, Pa.; and Chittenden County, any proper party in interest may file a boundary line between the United States Vt.; and surplus and damaged merchan­ petition to reopen or for other appro­ and Canada on Interstate Highway 89 dise on return, under a continuing con­ priate relief setting forth in detail the near Highgate Springs, Vt., ~ and tract with Grand Union Co., East precise manner in which it has been so Madonna Mountain Ski Area, Vt., from Paterson, N.J.; will be consistent with prejudiced. said port of entry over U.S. Highway 7 the public interest and the national No. MC 116165 (Sub-No. 14) (Repub­ to St. Albans, Vt., thence over Vermont transportation policy; that applicant is lication) , filed August 7, 1969, published Highway 108 to Madonna Mountain Ski fit, willing, and able properly to perform

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970, NOTICES 4721 such service and to conform to the re­ Princeville, Quebec, Canada, will be con­ ity described in the findings in this quirements of the Interstate Commerce sistent with the public interest and the order, a notice of the authority actually Act and the Commission’s rules and regu­ national transportation policy; that ap­ granted will be published in the F ederal lations thereunder. That an appropriate plicant is fit, willing, and able properly to R egister and issuance of a certificate in permit should be issued, subject to the perform such service and to conform to this proceeding will be withheld for a condition described in the next succeed­ the requirements of the Interstate Com­ period of 30 days from the date of such ing paragraph in this order. Because it merce Act and the Commission’s rules publication, during which period any is possible that other parties, who have and regulations thereunder; and that proper party in interest may file an relied upon the notice of the application a permit authorizing such operations appropriate petition for leave to inter­ as published, may have an interest in should be granted after the lapse of 30 vene in this proceeding setting forth in and would be prejudiced by the lack of days from the date of publication in the detail the precise manner in which it proper notice of the authority described F ederal R egister of a notice of the au­ has been so prejudiced. in the findings in this order, a notice of thority herein granted, providing that No. MC 133818 (Republication), filed the authority actually granted will be no petitions to reopen, or other appro­ June 16, 1969, published in the F ederal published in the F ederal R egister and priate pleading, raising issues with re­ R egister issue of July 17, 1969, and re­ issuance of a permit in this proceeding spect to the ports of entry on the inter­ published this issue. Applicant: CLE- will be withheld for a period of 30 days national boundary line in Maine as MANS BROTHERS, INC., Box 46 North from the date of such publication, dur­ origin points in (2) above, are received Walnut Street, Marysville, Ohio 43040. ing which period, any proper party in during such period. Applicant’s representative: Richard H. interest may file an appropriate peti­ No. MC 133714 (Sub-No. 1) (Republi­ Brandon, 79 East State Street, Columbus, tion for leave to intervene in this pro­ cation), filed September 12, 1969, pub­ Ohio 43215. By application filed June 16, ceeding setting forth the precise man­ lished in the F ederal R egister issue of 1969, Clemans Bros., Inc., of Marysville, ner in which it has been so prejudiced. October 2, 1969, and republished this is­ Ohio, seeks a permit authorizing opera­ No. MC 133243 (Sub-No. 2) (Republi­ sue. Applicant: WILLIAM G. MOELLER tion, in interstate or foreign commerce, cation) , filed July 22, 1969, published in AND ROBERT E. MOELLER, a partner­ as a contract carrier by motor vehicle, the F ederal R egister issue of August 21, ship, doing business as MOELLER BROS. over irregular routes, (a) of bus bar sys­ 1969, and republished, this issue. Appli­ TOWING, 539 Lewelling Boulevard, San tems, bus bar systems trolleys, electric cant: GOSSELIN EXPRESS LTD., 141 Leandro, Calif. 94579. Applicant’s repre­ cutouts, electric switchboards (other Smith Boulevard, Thetford Mines, Que­ sentative: Raymond A. Greene, Jr., 405 than telephone), electric switches, elec­ bec, Canada. Applicant’s representative: Montgomery Street, San Francisco, Calif. tric breakers, junction boxes, plastic cir­ John J. Brady, Jr., 73 State Street, 94104. By application filed September 12, cuit breaker bases, cable terminals, wire, Albany, N.Y. 12207. By application filed 1969, the above-named applicant seeks and other similar electrical equipment: July 22, 1969, Gosselin Express Ltd., of a certificate of public convenience and (1) Between Beliefontaine, Marysville, Thetford Mines, Quebec, Canada, seeks necessity authorizing operation, in inter­ and Urbana, Ohio, on the one hand, and, a permit authorizing operation, in state or foreign commerce, as a common on the other, the warehouse and plant interstate or foreign commerce, as a carrier by motor vehicle, over irregular facilities of I.T.E. Imperial Corp. at A t­ contract carrier by motor vehicle, routes, of the wrecked, disabled, and in­ lanta and Tucker, Ga., Chicago, 111., Bell- over irregular routes, of snowmobiles; operative motor vehicles, trucks, buses, mawr, N.J., and Philadelphia, Pa.; and (1) from ports of entry on the and trailers, except mobile homes or (2) between Belief ontaine, Marysville, international boundary line between the house trailers designed to be drawn by and Urbana, Ohio, on the one hand, and, United States and Canada located in New passenger vehicles and replacements on the other, points in Ohio, restricted York and Michigan to points in Wiscon­ thereof, in towaway service by wrecker to shipments having a prior or subse­ sin and Pennsylvania, under contract equipment only, between points in Santa quent movement in railroad piggyback with Sno-Jet, Inc., of Thetford Mines, Clara, San Mateo, Contra Costa, and service; (b) paint, in containers, from Quebec, Canada; and (2) from ports of Alameda Counties, Calif., and the city Chicago, 111., to Bellefontaine and entry on the international boundary lijie and county of San Francisco, Calif., on Marysville, Ohio; (c) insulating mate­ between the United States and Canada, the one hand, and, on the other, points rials from Lafayette, Ind., to Bellefon­ located in New York, Michigan, and in Nevada and Oregon. An order of the taine, Marysville, and Urbana, Ohio; and Maine, to points in New York, Michigan, Commission, Operating Rights Board (d) porcelain insulators from Trenton, Minnesota, Wisconsin, Pennsylvania, and dated February 16, 1970, and served N.J., to Bellefontaine, Marysville, and Maine, under a continuing contract with March 2,1970, finds that the present and Urbana, Ohio, restricted to shipments Monel Enterprises, Inc., of Princeville, future public convenience and necessity moving under a continuing contract with Quebec, Canada. Through inadvertance require operation by applicant in inter­ I.T.E. Imperial Corp. A Report and Or­ hie publication in the F ederal R egister state or foreign commerce, as a common der of the Commission, Review Board however, failed to note the ports of entry carrier by motor vehicle, over irregular No. 3, dated February 13, 1970, and along the international boundary in routes, of (1) wrecked and disabled mo­ served February 25, 1970, finds that op­ Maine as points of origin. A report and tor vehicles (except trailers designed to eration by applicant, in interstate or for­ order of the Commission, Review Board be drawn by passenger automobiles); eign commerce, as a contract carrier by No. 2, decided February 19, 1970, and and (2) replacement motor vehicles for motor vehicle, over irregular routes, (1) served February 25, 1970, finds; that wrecked and disabled motor vehicles (ex­ of electrical equipment, except telephone operation by applicant, in foreign com­ cept trailers designed to be drawn by switchboards, (A ) between Bellefontaine, merce only, as a contract carrier by passenger automobiles) by the use of Marysville, and Urbana, Ohio, on the motor vehicle, over irregular routes, of wrecker equipment only, between points one hand, and, on the other, the ware­ snowmobiles; ( 1) from ports of entry in Santa Clara, San Mateo, Contra house and plant facilities of I.T.E. Im ­ 2? “ le international boundary line be­ Costa, San Francisco, and Alameda perial Corp. at Atlanta and Tucker, Ga., tween the United States and Canada in Counties, Calif., and San Francisco, Chicago, 111., Bellmawr, N.J., and Phila­ ew York and Michigan to points in Calif., on the one hand, and, on the delphia, Pa., and (B) between Belle­ Wisconsin and Pennsylvania, under a other, points in Nevada and Oregon; fontaine, Marysville, and Urbana, Ohio, ontmuing contract or contracts with that applicants are fit, willing, and able on the one hand, and, on the other, points w °"iiet’ Inc” of Thetford Mines, Que- properly to perform such service and to in Ohio, restricted to the transportation »w. Caimda; and (2) from ports of entry conform to the requirements of the In ­ of shipments having a prior or subse­ the international boundary line b e-' terstate Commerce Act and the Commis­ quent movement in trailer-on-flatcar ihe United States and Canada in sion’s rules and regulations thereunder. service; , York, Michigan, and Maine, to Because it is possible that other parties, (2) Of paint, in containers, from Chi­ snto « T.New York, Michigan, Minne- who have relied upon the notice of the cago, HI., to Bellefontaine, Marysville, Mot« Wisconsin, Pennsylvania, and application as published, may have an and Urbana, Ohio; (3) of insulating ma­ me, under continuing contract or con­ interest in and would be prejudiced by terials from Lafayette, Ind., to Belle­ tracts with Lionel Enterprises, Inc., of the lack of proper notice of the author­ fontaine, Marysville, and Urbana, Ohio;

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4722 NOTICES and (4) of porcelain insulators from Applicants’ attorneys: James W. Wrape, RIERS, INC., 13101 South Torrence Ave­ Trenton, N.J., to Bellefontaine, Marys­ 2111 Sterick Building, Memphis, Tenn. nue, Chicago, 111. 60633, which is author­ ville, and Urbana, Ohio, under a con­ 38103, and Adolph Bieberstein, 121 West ized to operate as a common carrier in tinuing contract or contracts with I.T.E. Doty Street, Madison, Wis. 53703. Oper­ Illinois, Missouri, Michigan, Indiana, Imperial Corp., of Philadelphia, Pa., will ating rights sought to be controlled: Wisconsin, Iowa, Minnesota, Alabama, be consistent with the public interest and Automobiles, trucks, chassis and buses, Ohio, North Dakota, South Dakota, the national transportation policy; that in initial movements, in truckaway and Nebraska, Kansas, Tennessee, Arkan­ applicant is fit, willing, and able properly driveaway service, as a contract carrier, sas, Pennsylvania, Virginia, West Vir­ to perform such service, and to conform over irregular routes, from Janesville, ginia, and Mississippi; (2) T.I.M.E- to the requirements of the Interstate Wis., to points in Illinois, Indiana, Iowa, DC, INC., 2598 74th Street, Post Commerce Act and the Commission’s the Upper Peninsula of Michigan, Min­ Office Box 2550, Lubbock, Tex. 79408, rules and regulations thereunder. Be­ nesota, Missouri, Montana, Nebraska, which is authorized to operate as cause it is possible that other persons North Dakota, South Dakota, and Wis- a common carrier in Texas, Oklahoma, who have relied upon the notice of the sonsin; from Janesville, Wis., to points New Mexico, New Jersey, Arizona, Cali­ application as published, may have an in Ohio, with restriction; tractors (not fornia, Tennessee, Kansas, Massachu­ interest in and would be prejudiced by including farm tractors and crawler or setts, Rhode Island, Connecticut, Arkan­ the lack of proper notice of the authority track type tractors), in initial move­ sas, Kentucky, Maryland, Ohio, Georgia, described in the findings in this order, a ments, in truckaway and driveaway serv­ Missouri, Virginia, Illinois, Indiana, notice of the authority actually granted ice, from Janesville, Wis., to points in Pennsylvania, New York, Alabama, and will be published in the F ederal R egister Montana, Nebraska, North Dakota, and West Virginia, Oregon, Washington, Col­ and issuance of a certificate in this pro­ South Dakota; automobiles, trucks, trac­ orado, Wyoming, Utah, Idaho, Nebraska, ceeding will be withheld for a period of tors (not including farm tractors or and Michigan; (3) C & J COMMERCIAL 30 days from the date of such publica­ crawler or track type tractors), chassis, DRIVEAWAY, INC., 1905 West Mount tion, during which period any proper and buses, in secondary movements, in Hope Avenue, Lansing, Mich. 48910, party in interest may file a petition to truckaway or driveaway sèrvice, between which is authorized to operate as a com­ reopen or for other appropriate relief points in Illinois, Indiana, Iowa, the mon carrier in Michigan, Kentucky, setting forth in detail the precise manner Upper Peninsula of Michgian, Minnesota, Ohio, Tennessee, Illinois, Indiana, Iowa, in which it has been so prejudiced. Missouri, Montana, Nebraska, North Texas, Rhode Island, Virginia, Utah, Dakota, South Dakota, and Wisconsin; Missouri, Wisconsin, Minnesota, New N otice of F il in g of P e t it io n Unfinished automobiles, trucks, and Jersey, New York, Pennsylvania, West No. MC 117842 (Sub-No. 1) (Notice of chassis, in initial movements, in truck­ Virginia, Arkansas, Maryland, Alabama, Filing of Petition To Add Additional away and driveaway service, from Janes­ Florida, Georgia, and the District of Shipper), filed February 26, 1970. Peti­ ville, Wis., to points in the Upper Penin­ Columbia; (4) DEALERS TRANSIT, tioner: INTERSTATE DISTRIBUTING sula of Michigan, Minnesota, Missouri, INC., 7701 South Lawndale Avenue, Chi­ COMPANY, 8311 Durango Street SW., and Wisconsin; unfinished automobiles, cago, HI. 60652, which is authorized to Tacoma, Wash. 98499. Petitioner’s repre­ trucks and chassis, in secondary move­ operate as a common carrier in all points sentative: George R. LaBissoniere, 1424 ments, in truckaway and driveaway in the United States (except Hawaii); Washington Building, Seattle, Wash. service, between points ih Illinois, Indi­ (5) AUTOMOBILE CARRIERS, INC., 98101. Petitioner holds a permit in No. ana, Iowa, the Upper Peninsula of Michi­ 3401 North Dort Highway, Flint, Mich. MC 117842 (Sub-No. 1) authorizing the gan, Minnesota, Missouri, and Wiscon­ 48501, which is authorized to operate as transportation of such merchandise as sin; automobile parts, from Janesville a common carrier in Michigan, Ne­ is dealt in by wholesale and retail gro­ Wis., to points in Illinois, Indiana, and braska, Alabama, Hlinois, Georgia, Indi­ cery establishments, except frozen foods Iowa; vehicle bodies, automobile parts ana, Iowa, Missouri, Tennessee, Ohio, and foods in vehicles equipped with when accompariying vehicles with which Wisconsin, and Kentucky; and (6) mechanical refrigeration, from all to be used, and automobile show para­ UNION STREET RAILWAY COMPANY, points in California to Aberdeen, Cheha- phernalia and displays (except display 935 Purchase Street, New Bedford, Mass. lis, and Tacoma, Wash., under continu­ vehicles), betwen points in Illinois, In ­ 02740, which is authorized to operate as ing contract with West Coast Grocery diana, Iowa, the Upper Peninsula of a common carrier in all points in the Co. of Tacoma, Wash. By the instant Michigan, Minnesota, Missouri, Mon­ United States (except Alaska and Ha­ petition, petitioner seeks to add an addi­ tana, Nebraska, North Dakota, South waii). Application has not been filed tional shipper, Mother’s Cake & Cookies Dakota, and Wisconsin; automobiles, for temporary authority under section Co. of San Francisco, Calif. Any inter­ trucks, chassis, buses, and tractors (not 210a(b). ested person desiring to participate may including farm tractors and crawler or No. MC-F-10778. Authority sought for file an original and six copies of his track type tractors), in initial move­ purchase by RALPH SHOEMAKER, written representations, views, or argu­ ments, in truckaway and driveway serv­ doing business as SHOEMAKER ment in support of, or against the peti­ ice, from Janesville, Wis., to points in TRUCKING CO., 8624 Franklin Road, tion within 30 days from the date of Colorado, Idaho, Kansas, Wyoming, and Boise, Idaho 83705, of the operating publication in the F ederal R egister. the Lower Peninsula of Michigan, with rights of ORVAL A. ZIMMERMAN AND restriction; and automobiles, trucks, NETTIE M. ZIMMERMAN, doing busi­ A pplications U nder S ectio ns 5 and ness as PARM A LUMBER CO.—PARMA 210a(b) tractors (not including farm tractors and crawler or track type tractors), chassis, TRANSFER CO., Parma, Idaho 83660. The following applications are gov­ and buses, in secondary movements, in Applicants’ attorney: Raymond D. Givens, Post Office Box 964, Boise, erned by the Interstate Commerce Com­ truckaway and driveaway service, and Idaho 83701. Operating rights sought to mission’s special rules governing notice vehicle bodies, automobile parts when be transferred: General commodities, ex­ of filing of applications by motor carriers accompanying vehicles with which to be of property or passengers under sections cept classes A and B explosives, as a used, and automobile show parapher­ common carrier, over irregular routes, 5(a) and 210a(b) of the Interstate Com­ nalia and displays, between points in between Parma, Idaho, and points in merce Act and certain other proceed­ Colorado, Idaho, Kansas, Wyoming, and Idaho within 10 miles thereof, on the ings with respect thereto. (49 CFR the Lower Peninsula of Michigan, on 1.240). one hand, and, on the other, points in the one hand, and, on the other, points Baker and Malheur Counties, Oreg., MOTOR CARRIERS OF PROPERTY in Illinois, Indiana, Iowa, Minnesota, within 100 miles of Parma, with restric­ Missouri, Montana, Nebraska, North tion. Vendee is authorized to operate as No. MC-F-10777. Authority sought for Dakota, South Dakota, Wisconsin, and control by NATIONAL CITY LINES, a common carrier in Oregon, Idaho, the Upper Peninsula of Michigan with Colorado, Montana, Arizona, California, INC., 700 Security Life Building, Denver, restriction. New Mexico, Utah, Nevada, and Wyo­ Colo. 80202, of JANESVILLE AUTO NATIONAL C ITY LINES, INC., holds ming. Application has not been filed for TRANSPORT COMPANY, 1263 South no authority from this Commission. temporary authority under section Cherry Street, Janesville, Wis. 53545. However, it controls (1) CAR CAR- 210a(b).

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 NOTICES 4723

No. MC-F-10779. Authority sought for Grove, Kans., serving all intermediate South Dakota Highway 19, thence over purchase by CENTURY MOTOR points and also serving the off-route South Dakota Highway 19 to junction F R E IG H T , INC., 3245 Fourth Street SE., points of Wilson, Westfall, Juniata, South Dakota Highway 34 near Madison, Minneapolis, Minn. 55414, of the operat­ Glendale, Hedville, Denmark, and the thence over South Dakota Highway 34 to ing rights and property of NORTH pipeline terminal or pumping station of junction unnumbered highway, and SHORE FREIGHT LINES, INC., 202 Natural Gas Pipeline of America, located thence over unnumbered South Dakota South 26th Avenue West, DUluth, Minn. approximately 1 mile north and 1 mile highways to Ramona, and return over 55806, and for acquisition by STEVE west of the Sylvan Grove Interchange; the same route, serving Rutland, Nunda, BONELLO, 721 Parkview Terrace, from Salina, Kans., west over U.S. Inter­ and Sinai, S. Dak. Both intrastate and Minneapolis, Minn., of control of such state Highway 1-70 to the Wilson Inter­ interstate authority sought. N o t e : The rights and property through the pur­ change, thence north over Kansas High­ purpose of this application is to amend chase. Applicants’ attorney: Julius F. way 232 to the Wilson Reservoir Dam- applicant’s certificate 812-A to include Bonello, 3245 Fourth Street SE., Min­ site, thence east over an unnumbered Unityville, Ephiphany, and Canova, neapolis, Minn. 55414. Operating rights county road approximately 4 miles to S. Dak., as off-route points. sought to be transferred: General com­ its intersection with another unnum­ HEARING: Thursday, March 19, 1970, modities, excepting, among others, bered county road to Sylvan Grove, at 1 p jn. central standard time, City Hall, classes A and B explosives, household Kans., and return over the same route. Canova, Miner County, S. Dak. Requests goods, and commodities in bulk, as a The above-described authority to be for procedural information, including common carrier, over a regular route, be­ tacked with existing authority, also be­ the time for filing protests concerning tween Duluth, Minn., and Pigeon River, tween Tescott, Kans. and the pipeline this application, should be addressed to Minn., serving all intermediate points; terminal or pumping station of Northern the South Dakota Public Utilities Com­ and the off-route points of Grand Port­ Natural Gas Co., located approximately mission, Pierre, S. Dak. 57501, and should age, Lax Lake, Finland, Sawbill -Trail, 1 mile east and 3 miles north of Tescott, not be directed to the Interstate Com­ Caribou Lake, Beaver Bay, Little Marais, Kans.; from Tescott, Kans., east over merce Commission.* Lutsen, and Cascade, Minn. Vendee is Kansas Highway No. 18 approximately State Docket No. 70067-CCB filed authorized to operate as a common car­ 1 mile and thence north over an unnum­ February 19,1970. Applicant: ORLANDO rier in Minnesota and Wisconsin. Appli­ bered county road to said location, and TRANSIT COMPANY, a Florida Corpo­ cation has not been filed for temporary return over the same route. The above- ration, 46 Weber Avenue, Orlando, Fla. authority under section 210(a)b. described authority to be tacked with ex­ Applicant’s representative: John G. isting authority, also between the Wilson By the Commission. Baker, 1001 Citizens National Bank Reservoir Damsite and points and places Building, Orlando, Fla. Certificate of [ seal] H. N e il G a r s o n , within a 5-mile radius thereof. The public convenience and necessity sought Secretary. above-described authority to be tacked to operate a passenger service as follows: with existing authority, also, between [F.R. Doc. 70-3253; Filed, Mar. 17, 1970; Passengers and their baggage, and Salina and Chapman, Kans., serving all 8:48 a.m .j freight not to exceed 50 pounds in the intermediate points and the off-route same vehicle with passengers: Route 1. points of Niles, Talmage, Moonlight, and Downtown Orlando, south on Interstate Detroit; from Salina, Kans., east over NOTICE OF FILING OF MOTOR No. 4 to turnoff at State Road No; 535 U.S. Interstate Highway 1-70 to the CARRIER INTRASTATE APPLICATIONS and on to Buena Vista, a municipal cor­ Chapman Interchange, thence south poration, and to Walt Disney World M ar ch 13, .1970. over Kansas Highway 206 approximately Preview Center. Return over the same 1% miles to Chapman, thence west over The following applications for motor route. Route 2. On completion of pro­ unnumbered county road to Kansas common carrier authority to operate in posed road from Winter Garden south intrastate commerce seek concurrent mo­ Highway 43, and thence over said Kansas Highway 43 to Enterprise, Kans., and re­ on said so-called “Service Road” to em­ tor carrier authorization in interstate or ployees parking lot at Walt Disney turn over the same route. The above- foreign commerce within the limits of the World. Route 3. On completion of Walt intrastate authority sought, pursuant to described authority to be tacked with existing authority. Both intrastate and Disney World and opening to public— section 206(a) (6) of the Interstate Com­ from downtown Orlando south on Inter­ interstate authority sought. merce Act, as amended October 15, 1962. state No. 4 to turnoff at State Road No. These applications are governed by Spe­ HEARING: Monday, April 20, 1970, at Topeka, Kans., State Corporation Com­ 530 to Walt Disney World Entrance. cial Rule 1.245 of the Commission’s rules* Both intrastate and interstate authority mission, Fourth Floor, State Office Build­ of practice, published in the F ederal sought. R egister, issue of April 11, 1963, page ing. Requests for procedural information, 3533, which provides, among other things, including the time for filing protests con­ HEARING: Not yet assigned. Requests that protests and requests for informa­ cerning this application, should be ad­ for procedural information, including tion concerning the time and place of dressed to the Kansas State Corporation the time for filing protests, concerning State Commission hearings or other pro- Commission, Fourth Floor, State Office this application should be addressed to ®®edings, any subsesquent changes Building, Topeka, Kans. 66612, and the Florida Public Service Commission, therein, any other related matters shall should not be directed to the Interstate Tallahassee, Fla. 32304, and should not be directed to the State Commission with Commerce Commission. be directed to the Interstate Commerce Commission. Which the application is filed and shall State Docket No. 11105-A, filed Febru­ hot be addressed to or filed with the In ­ ary 19, 1970. Applicant: D. L. fTHOMP- By the Commission. terstate Commerce Commission. SON, Ramona, S. Dak. Certificate of public convenience and necessity sought [ s e a l ] H . N e il G a r so n , State Docket No. (not given) received Secretary. in the Commission March 5, 1970. Appli­ to operate a freight service as follows: cant: DONALD L. KERBS AND NEAL J. Transportation of general commodities, [F.R. Doc. 70-3251; Filed, Mar. 17, 1970; LOVIN, doing business as C and R between Sioux Falls, S. Dak., on the one 8:48 a.m.] IRUCK LINE, 703 North Fifth Street, hand, and, on the other, Ramona, i?a* ^ ans- Applicant’s representative: S. Dak.; from Sioux Falls over U.S. [Notice 42] Liyde N. Christey, 641 Harrison Street, Highway 77 to junction South Dakota lopeka, Kans. 66603. Certificate of public Highway 34, thence over South Dakota MOTOR CARRIER TEMPORARY convenience and necessity sought to op­ Highway 34 to junction South Dakota AUTHORITY APPLICATIONS ia te a freight service as follows : Trans­ Highway 19 near Madison, thence over portation of General commodities (ex­ South Dakota Highway 34 to junction M ar ch 11, 1970. cept those of unusual value, classes A unnumbered highway, and thence over The following are notices of filing of Snl Buexplosives- household goods as de- unnumbered South Dakota highways to applications for temporary authority hnt ky Commission, commodities in Ramona, and return over the same route. under section 210a(a) of the Interstate uik, and those requiring special equip- Alternate route: From Sioux Falls over Commerce Act provided for under the ment), between Salina and Sylvan South Dakota Highway 38 to junction new rules of Ex Parte No. MC-67 (49

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4724 NOTICES

C F R Part 1131) published in the F ed­ at or near La Porte, Ind., to Bowling Pa.; Landover and Baltimore, Md., and eral R egister, issue of April 27, 1965, Green, East Bernstadt, Greenville, Horse Portsmouth, Va.; rejected, returned, and effective July 1, 1965. These rules pro­ Cave, Lawrenceburg, Lexington, Louis­ refused shipments of the same commodi­ vide that protests to the granting of an ville, Brooksville, London, Mayfield, and ties in the reverse direction; (B) pallets application must be filed with the field Somerset, Ky., for 180 days. Supporting and empty containers, from Pottstown, official named in the F ederal R egister shipper: American Home Foods Division and Morgantown, Pa.; to Wolcott and publication, within 15 calendar days of American Home Products Corp., 685 North Rose, N.Y.; (C) empty containers after the date of notice of the filing of Third Avenue, New York, N.Y. 10017. and lids, from Baltimore, Md., to Wolcott the application is published in the F ed­ Send protests to : District Supervisor, In ­ and North Rose, N.Y.; all under continu­ eral R egister. One copy of such protests terstate Commerce Commission, Bureau ing contracts with Cahoon Farms, Inc., must be served on the applicant, or its of Operations, Room 204, 345 West of Wolcott, N.Y., only. n . Frozen foods authorized representative, if any, and Wayne Street, Fort Wayne, Ind. 46802. and bakery products, from Pottstown, the protests must certify that such serv­ No. MC 128732 (Sub-No. 8 T A ), filed Pa., to points in Alleghany, Broome, Cat­ ice has been made. The protests must March 2, 1970. Applicant: TRANSPOR­ taraugus, Cayuga, Chautauqua, Che­ be specific as to the service which such TATION UNLIMITED OF CALIFOR­ mung, Chenango, Cortland, Erie, Gene­ Protestant can and will offer, and must NIA, INC., 2639 South Soto Street, Los see, Jefferson, Lewis, Livingston, Madi­ consist of a signed original and six Angeles, Calif. 90023. Applicant’s repre­ son, Monroe, Niagara, Oneida, Onondaga, copies. sentative: Frederick J. Coffman, 521 Ontario, Orleans, Oswego, Schuyler, A copy of the application is on file, South 14th Street, Post Office Box 806, Seneca, Steuben, Tioga, Tompkins, and can be examined at the Office of the Lincoln, Nebr. 68501. Authority sought Wayne, Wyoming, and Yates Counties, Secretary, Interstate Commerce Com­ to operate as a contract carrier, by motor N.Y.; all under continuing contracts with mission, Washington, D.C., and also in vehicle, over irregular routes, transport­ Mrs. Smith’s Pie Co. of Pottstown, Pa., field office to which protests are to be ing: Meat, meat products, meat byprod­ only, for 180 days. Supporting shippers: transmitted. ucts and articles distributed by meat Mrs. Smith’s Pie Co., Charlotte and packinghouses as described in sections A Water Streets, Pottstown, Pa.; Cahoon M otor C arriers o f P r o pe r t y and C of appendix I to Descriptions in Farms, Wolcott, N.Y. Send protests to: No. MC 11722 (Sub-No. 19 T A ), filed Motor Carrier Certificates, 61 M.C.C. 209 Morris H. Gross, District Supervisor, March 4, 1970. Applicant: BRADER and 766, from the plantsite, warehouse, Interstate Commerce Commission, Bu­ HAULING SERVICE, INC., Post Office and storage facilities of Sioux-Preme reau of Operations, Room 104, 301 Erie Box 655, Zillah, Wash. 98953. Authority Packing Co., Sioux Center, Iowa, to Boulevard West, Syracuse, N.Y. 13202. sought to operate as a common carrier, points in Arizona, California, Idaho, No. MC 134368 (Sub-No. 1 TA ), filed by motor vehicle, over irregular routes, Montana, Nevada, New Mexico, Oregon, March 4, 1970. Applicant: NATIONAL transporting: Empty metal cans, crowns, Texas, Utah, Washington, and Wyoming RENTAL SERVICE OF OSHKOSH, INC., and ends, in cartons, bags, tubes, unitized under continuing contract with Sioux- Post Office Box 1247, Wittman Field, (bulk) or palletized, from Daly City (San Preme Packing Co., Sioux Center, Iowa, Oshkosh, Wis. 54901. Applicant’s repre­ Mateo County), Calif., to Eugene, Salem, for 180 days. Supporting shipper: Sioux- sentative: Harry G. Zingler (same ad­ and Portland, Oreg., and Vancouver, Preme Packing Co., Sioux Center, Iowa. dress as above). Authority sought to Chehalis, Tacoma, Seattle, Everett, Send protests to: Robert G. Harrison, operate as a common carrier, by motor Yakima, Wenatchee, and Spokane, District Supervisor, Interstate Commerce vehicle, over irregular routes, transport­ Wash., for 180 days. Supporting shipper: Commission, Bureau of Operations, ing: General commodities (except classes Crown Cork & Seal Co., Inc., Post Office Room 7708, Federal Building, 300 North A or B explosives) having a prior or sub­ Box 34030, San Francisco, Calif. 94134. Los Angeles Street, Los Angeles, Calif. sequent air movement, between Wittman Send protests to: District Supervisor 90012. Field, Wis., on the one hand, and on the W. J. Huetig, Interstate Commerce Com­ No. MC 129071 (Sub-No. 7 T A ), filed other, and points in Dodge, Marquette, mission, Bureau of Operations, 450 March 4, 1970. Applicant: WHITEHALL Waushara, Waupaca, Outagamie, Calu­ Multnomah Building, 120 Southwest TRANSPORT, INC., Post Office Box 387, met, Winnebago, Green Lake, and Fond Fourth Avenue, Portland, Oreg. 97204. Whitehall, Wis. 54773. Applicant’s rep­ du Lac Counties, Wis., for 150 days. Sup­ No. MC 133562 (Sub-No. 1 T A ), filed resentative: Anthony Gruszka (same ad­ porting shippers:. There are approxi­ March 4, 1970. Applicant: PRE-FAB dress as above). Authority sought to mately 10 statements of support at­ TRAN SIT CO., 100 South Main Street, operate as a contract carrier, by motor tached to the application, which may be Farmer City, 111. 61842. Authority sought vehicle, over irregular routes, trans­ examined here at the Interstate Com­ to operate as a common carrier, by motor porting: Whey, powdered and/or dried merce Commission in Washington, D .C ., vehicle, over irregular routes, transport­ milk solids, not to exceed 35 percent com or copies thereof which may be examined ing: Steel doors; steel door frames; steel flour and/or other ingredients, from at the field office named below. Send window frames; and elevator cars; and New York, N.Y., Newark, N.J., and protests to: District Supervisor Lyle D. accessories, from plantsite and ware­ Charleston, S.C., to Red Wing, Minn., Heifer, Interstate Commerce Commis­ house facilities of Williamsburg Steel and Hager City, Wis., for 180 days. Sup­ sion, Bureau of Operations, 135 West Products Co., Brooklyn, N.Y., to points porting shipper: Ralston Purina Co., Wells Street, Room 807, Milwaukee, Wis. in North Carolina, South Carolina, Checkerboard Square, St. Louis, Mo. 53203. Georgia, Florida, and the District of 63199. Send protests to: Barney L. No. MC 134376 TA, filed March 4, Columbia, for 180 days. Supporting ship­ Hardin, District Supervisor, Interstate 1970. Applicant: McKEE’S TRANSPORT per: Williamsburg Steel Products Co., Commerce Commission, Bureau of Op­ LIMITED, 674 Lougheed Highway at Brooklyn, N.Y. Send protests to: erations, 444 West Main Street, Room 11, Alderson Avenue, Coquitlam, New West­ Harold C. Jolliff, District Supervisor, In ­ Madison, Wis. 53703. minster, British Columbia, Canada. Ap­ terstate Commerce Commission, Bureau No. MC 134366 TA, filed February 26, plicant’s representative: R. W. Reid of Operations, Room 476, 325 West 1970. Applicant: CAHOON FARMS (same address as above). Authority Adams Street, Springfield, 111. 62704. TRUCKING, INC., Lummisville Road, sought to operate as a contract carrier, No. MC 127274 (Sub-No. 21 T A ), filed Wolcott, N.Y. 14590. Applicant’s repre­ by motor vehicle, over irregular routes, March 3, 1970. Applicant: SHERWOOD sentative: Herbert M. Canter, 345 South transporting: Lumber, plywood particle TRUCKING, INC., 1517 Hoyt Avenue, Warren Street, Syracuse, N.Y. 13202. board, etc., and related building prod­ Muncie, Ind. 47302. Applicant’s repre­ Authority sought to operate as a con­ ucts, between Washington and Oregon sentative: Donald W. Smith, 900 Circle tract carrier, by motor vehicle, over on the one hand, and, on the other, ports Tower, Indianapolis, Ind.. 46204. Author­ irregular routes, transporting: 1(A) of entry on the international boundary ity sought to operate as a common car­ Frozen prepared apples and frozen pre­ line between the United States and Can­ rier, by motor vehicle, over irregular pared cherries, in containers, on pallets, ada, at or near Blaine and Sumas, Wash., routes, transporting: Frozen foodstuffs, from Wolcott and North Rose, N.Y., to for 180 days. Supporting shipper: North- from the plantsite and warehouse fa­ the plant and/or warehouse sites and/or coast Forest Products Ltd., 5512 Coring cilities of American Home Foods, Divi­ facilities of Mrs. Smith’s Pie Co., at or Avenue, North Burnaby, British Colum­ sion of American Home Products Corp., near; Pottstown, Morgantown, and York, bia, Canada. Send protests to: E-.

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 NOTICES 4725

Casey, District Supervisor, Interstate 20th Street and Indiana Avenue, Phila­ Nebr. 68501. Authority sought to operate Commerce Commission, Bureau of Op­ delphia, Pa. 19132. Applicant’s repre­ as a contract carrier, by motor vehicle, erations, 6130 Arcade Building, Seattle, sentative: Harry Brooks (same address over irregular routes, transporting: Wash. 98101. as above). Authority sought to operate Meat, meat products, meat byproducts as a common carrier, by motor vehicle, and articles distributed by meat packing- _ By the Commission. over irregular routes, transporting: Cos­ houses, as described in sections A and C [ seal] H. N e il G a r s o n , metics, toiletries, cosmetic and toilet ac­ of appendix I to the Descriptions Case, Secretary. cessories, home products, and related from the plantsite and storage facilities [F.R. Doc. 70-3254; Filed, Mar. 17, 1970; advertising and display material, from utilized by Sioux-Preme Packing Co. at 8:48 a.m.] the facilities of Avon Products, Inc., or near Sioux Center, Iowa, to points in Newark,* Del.; to points in New Jersey, Connecticut, Delaware, Illinois, Maine, Maryland, Virginia, the District of Maryland, Massachusetts, Michigan, [Notice 43] Columbia, Delaware, and Adams, Berks, Missouri, New Jersey, New York, Ohio, Bucks, Carbon, Chester, Cumberland, Pennsylvania, Vermont, Wisconsin, and MOTOR CARRIER TEMPORARY Delaware, Dauphin, Franklin, Lacka­ the District of Columbia, restricted to AUTHORITY APPLICATIONS wanna, Lancaster, Lebanon, Lehigh, traffic originating at the named plantsite M arch 12, 1970. Luzerne, Monroe, Montgomery, North­ and storage facilities, for 180 days. Sup­ ampton, Philadelphia, Perry, Schuylkill, porting shipper: Sioux-Preme Packing The following are notices of filing of and York Counties, Pa., subject to the Co., Post Office 177, Sioux Center, Ioiya applications for temporary authority 51250 (I. R. Walsh). Send protests to: under section 210a(a) of the Interstate restriction that no service shall be rendered in the transportation of any Keith P. Kohrs, District Supervisor, In­ Commerce Act provided for under the terstate Commerce Commission, Bureau new rules of Ex Parte No. MC-67 (49 package or article weighing more than 50 pounds and no service shall be ren­ of Operations, 705 Federal Office Build­ CFR Part 1131) published in the F ederal dered in the transportation of packages ing, Omaha, Nebr. 68102. R egister, issue of April 27,1965, effective or articles weighing in the aggregate July 1, 1965. These rules provide that No. MC 134272 (Sub-No. 1 T A ), filed more than 250 pounds from the con­ protests to the granting of an application March 3, 1970. Applicant: DAY & ROSS, signor to one consignee at one location must be filed with the field official named LTD., Hartland, New Brunswick, Can­ on any one (1) day, for 180 days. Sup­ in the F ederal R eg ister publication, ada. Applicant’s representative: Francis within 15 calendar days after the date porting shipper: Avon Products, Inc., E. Barrett, Jr., 536 Granite Street, Brain­ of notice of the filing of the application Newark, Del. 19711. Send protests to: tree, Mass. 02184. Authority sought to Ross A. Davis, District Supervisor, Inter­ operate as a common carrier, by motor is published in the F ederal R e g ist e r . One copy of such protests must be served state Commerce Commission, Bureau of vehicle, over irregular routes, transport­ Operations, Second and Chestnut on the applicant, or its authorized repre­ ing: Frozen foods and potatoes, from Streets, Philadelphia, Pa. 19106. sentative, if any, and the protests must ports of entry on the international certify that such service has been made. No. MC 133562 (Sub-No. 1 T A ), file boundary between the United States and The protests must be specific as to the March 6, 1970. Applicant: HOLIDAY Canada located in Maine, New Hamp­ service which such protestant can and EXPRESS . CORPORATION, Post Office shire, Vermont, New York, and Michigan will offer, and must consist of a signed Box 204, Estherville, Iowa 51334. Appli­ to points in Maine, New Hampshire, Ver­ original and ¡six copies. cant’s representative: Merle L. Johnson mont, Massachusetts, Rhode Island, A copy of the application is on file, and (same address as above). Authority Connecticut, New York, New Jersey, can be examined at the Office of the sought to operate as a common carrier, Pennsylvania, Delaware, District of Secretary, Interstate Commerce Com­ by motor vehicle, over irregular routes, Columbia, Ohio, North Carolina, South mission, Washington, D.C., and also in transporting: Meat, meat products, meat Carolina, Georgia, Florida, Virginia, field office to which protests are to be byproducts, and articles distributed by West Virginia, Illinois, Indiana, Ken­ transmitted. meat packinghouses, from the plantsite tucky, Tennessee, Mississippi, Alabama, of John Morrell & Co., Estherville, Iowa, Michigan, Wisconsin, Maryland, and M otor C arriers o f P r o p e r t y to points in New Jersey, New York, and Louisiana, for 180 days. Supporting ship­ No. MC 41792 (Sub-No. 16 T A ), filed Pennsylvania, for 150 days. Supporting per: McCain Foods, Ltd., Florenceville, March 2, 1970. Applicant: HOLDCROFT shipper: John Morrell & Co., Estherville, New Brunswick, Canada. Send protests TRANSPORTATION COMPANY, 3232 Iowa 51334. Send, protests to: Ellis L. to: Donald G. Weiler, District Super­ Highway 75 North, Sioux City, Iowa Annett, District Supervisor, Interstate visor, Interstate Commerce Commission, 51102. Applicant’s representative: Commerce Commission, 677 Federal Bureau of Operations, Room 307, 76 Charles J. Kimball, Box 2028, 605 South Building, Des Moines, Iowa 50309. Pearl Street, Post Office Box 167, PSS, 14th Street, Lincoln, Nebr. 68501. Au­ No. MC 133574 (Sub-No. 2 TA), filed Portland, Maine 04112. thority sought to operate as a common March 6, 1970. Applicant: TERRILL No. MC 134305 TA (Correction), filed carrier, by motor vehicle, over irregular TRUCKING COMPANY, 1016 Geneseo February 2, 1970, published F ederal routes transporting: Meat, meat prod­ Street, Storm Lake, Iowa 50588. Author­ R eg ister , issues of February 11, and ucts, meat byproducts, and articles dis­ ity sought to operate as a common car­ February 25, 1970, and republished as tributed by meat packinghouses as rier, by motor vehicle, over irregular corrected this issue. Applicant: H ARRY described in sections A and C of appendix routes, transporting: Meat, meat prod­ E. HAMM, doing business as HAMM I to the Descriptions Case, from the ucts, meat byproducts, from Denison, TRUCKING, Rural Route No. 1, Erie, Plantsite and storage facilities utilized by Iowa, to points in Alabama, Florida, 111. 61250. Applicant’s representative: Sioux Preme Packing Co., at or near Georgia, Mississippi, North Carolina, Albert A. Andrin, 39 South La Salle Sioux Center, Iowa, to points in Iowa, South Carolina, and Tennessee, for 180 Street, Chicago, 111. 60603. N o t e : The Minnesota, Nebraska, North Dakota, and days. Supporting shipper: World Wide purpose of this correction is to show South Dakota, restricted to traffic origi­ Meats, Inc., Box 234, Denison, Iowa the correct name and address of the nating at the said plantsite and storage 51442. Send protests to: Carroll Russell, supporting shipper: The Erie Casein Co„ facilities, for 180 days. Supporting ship- District Supervisor, Interstate Commerce Erie, 111. 61250. The rest of the notice Sioux-Preme Packing Co., Post Commission, Bureau of Operations, 304 remains as previously published. Office Box 177, Sioux Center, Iowa 51250. Post Office Building, Sioux City, Iowa No. MC 134335 (Sub-No. 1 T A ), filed Send protests to : Carroll Russell, District 51101. March 2, 1970. Applicant: ALL Supervisor, Interstate Commerce Com­ No. MC 134260 (Sub-No. 1 T A ), filed FREIGHT, INC., 3200 West 65th Street, mission, Bureau of Operations, 304 Post March 2, 1970. Applicant: MISSOURI Cleveland, Ohio 44114. Applicant’s rep­ office Building, Sioux City, Iowa 51101. VALLEY EASTERN EXPRESS, INC., resentative: George S. Maxwell, 955 No. MC 100623 (Sub-No. 27TA), filed 4440 Buckingham Street, Box 7078, Leader Building, Cleveland, Ohio 44114. S o Ch 2- 197°- Applicant: HOURLY Omaha, Nebr. 68107. Applicant’s repre­ Authority sought to operate as a con­ ^^SNNGERS, INC., doing business as sentative: Charles J. Kimball, 605 South tract carrier, by motor vehicle, over *i-M PACKAGE DELIVERY SERVICE, 14 Street, Post Office Box 2028, Lincoln, irregular routes, transporting: Canned

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4726 NOTICES

animal food, from Bedford, Ohio, to irregular routes, transporting: Disabled ing: Passengers, in special operations, Indianapolis and Evansville, Ind.; Chi­ vehicles, from points in New Mexico to between points in Accomack and North­ cago, HI.; Muskegon, Jackson, Plymouth, points in Texas, as follows: North of U.S. ampton Counties, Va., the plant of P & L Detroit, Flint, Lansing, Saginaw, Bay Highway 80 to the intersection of U.S. Processors, Inc., Stockton, Md., for 180 City, and Grand Rapids, Mich.; Hunt­ Highway 80 with U.S. Highway 87; west days. Supported by: P & L Processors, ington, Parkersburg, and Clarksburg, of U.S. Highway 87 to the intersection of Inc., Stockton, Md. 21864, Samuel M. W. Va.; Knoxville, Tenn.; Johnstown, U.S. Highway 66; south of U.S. Highway Quillin, president. Send protests to: Paul Pittsburgh, Murraysville, Oakdale, Belle 66, including south to U.S. Highway 66 J. Lowry, District Supervisor, Interstate Vernon, Kittanning, Scranton, Harris­ to points in New Mexico, including Lub­ Commerce Commission, Bureau of Oper­ burg, Wilkes-Barre, and York, Pa.; bock, Amarillo, El Paso, and Big Springs, ations, 206 Old Post Office Building, 129 Covington, Ky.; Norwich, Buffalo, Olean, Tex., for 180 days. N o te: Applicant in­ East Main Street, Salisbury, Md. 21801, and Syracuse, N.Y.; Hagerstown, La tends to interline with MC No. 3785. Sup­ By the Commission. Vale, and Cumberland, Md.; Richmond porting shippers: There are approxi­ and Norfolk, Va., for 180 days. Support­ mately 10 statements of support at­ [ seal] H. N e il G arson, ing shipper: S. E. Mighton Co., 150 tached to the application, which may be Secretary. Northfield Road, Bedford, Ohio 44146. examined here at the Interstate Com- [F.R. Doc. 70-3255; JTiled, Mar. 17, 1970; Send protests to: G. J. Baccei, District inerce Commission, in Washington, D.C., 8:4(f a.m.] Supervisor, Interstate Commerce Com­ or copies thereof which may be exam­ ined at the field office named below. Send mission, Bureau of Operations, 181 Fed­ [Notice 506] eral Office Building, 1240 East Ninth protests to: William R. Murdoch, District Street, Cleveland, Ohio 44199. Supervisor, Interstate Commerce Com­ MOTOR CARRIER TRANSFER No. MC 134379 TA, filed March 6, 1970. mission, 10515 Federal Building, U.S. PROCEEDINGS Applicant: ALLEN TRANSPORT COR­ Courthouse, Albuquerque, N. Mex. 87101. PORATION, Route 4, Box 155C, Glen No. MC 134386 TA (Correction), filed March 10, 1970. Allen, Va. 23060. Applicant’s representa­ February 20, 1970, published F ederal Synopses of orders entered pursuant to tive: A. G. Allen, Jr. (same address as R egister issue of March 3, 1970, under section 212(b) of the Interstate Com­ above). Authority sought to operate as No. MC 129034 (Sub-No. 2 T A ), and re­ merce Act, and rules and regulations a contract carrier, by motor vehicle, over published as corrected this issue. Appli­ prescribed thereunder (49 CFR Part irregular routes^ transporting: Precast cant: LOOMIS COURIER SERVICE, 1132), appear below: concrete manholes, from- plantsite of INC., 55 Battery Street, Seattle, Wash. As provided in the Commission’s Spe­ Virginia Precast Corp., Glen Allen, Va., 98121. Applicant’s representative: Jack cial Rules of Practice any interested per­ to District of Columbia and points in Davis, IBM Building, Seattle, Wash. son may file a petition seeking reconsid­ Washington, St. Marys, Calvert, Anne 98101. Authority sought to operate as a eration of the following numbered pro­ Arundel, Frederick, Charles, Prince common carrier, by motor vehicle, over ceedings within 20 days from the date of Georges, Montgomery, Howard, and irregular routes, transporting: Commer­ publication of this notice. Pursuant to Baltimore Counties, Md., for 150 days. cial documents, business records, ac­ section 17(8) of the Interstate Commerce Supporting shipper: Virginia Precast counting and audit media, automated Act, the filing of such a petition will post­ Corp., Route 4, Glen Allen, Va. 23060. data processing media, and advertising pone the effective date of the order in Send protests to: Robert W. Waldron, materials when moving in conjunction that proceeding pending its disposition. District Supervisor, Interstate Com­ with other authorized commodities, be­ The matters relied upon by petitioners merce Commission, 10-502 Federal tween points in Lane, Clackamas, and must be specified in their petitions with Building, Richmond, Va. 23240. Multnomah Counties, Oreg., on the one particularity. hand, and, on the other, points in Clark, No. MC 134380 TA, filed March 6, 1970. Cowlitz, Lewis, Grays Harbor, Pierce,. No. MC-FC-71853. By order of March 6, Applicant: CLIFFORD A. WILLIAM­ Thurston, King, Snohomish, Skagit, and 1970, the Motor Carrier Board approved SON, doing business as R O YALTY Whatcom Counties, Wash., for 180 days. the transfer to Dufour Brothers, Inc., Lakeville, Conn., of certificates No. MC- SERVICE CO., Post Office Box 89, Mid­ N o t e : The purpose of this republication 96318 and subs thereunder, issued to Yel­ land Park, N.J. 07432. Applicant’s rep­ is to correct the docket number as shown resentative: William D. Traub, 10 East above, in lieu of No. MC 129034 (Sub- low Coach Lines, Inc., Pittsfield, Mass., authorizing the transportation of: Pas­ 40th Street, New York, N.Y. 10016. Au­ No. 2 T A ), which was assigned in error. thority sought to operate as a contract Supporting shippers: The Bank of Cali­ sengers and their baggage, over specified carrier, by motor vehicle, over irregular fornia, 330 Southwest Sixth Avenue, regular routes, and in special operations, routes, transporting: Uncrated duplicat­ Portland, Oreg. 97208; Columbia River serving specified points and areas in Massachusetts, New York, Connecticut, ing, copying, and reproducing machines, Log Scaling & Grading Bureau, 2260 and Vermont. Frank Daniels, attorney and materials, supplies, accessories, and Oakmont Way, Post Office Box 1121, for transferor, 15 Court Square, Boston, components used in the operation and Eugene, Oreg. 97401; Mayflower Farms, maintenance of such machines, between Post Office Box 42165, Portland, Oreg. Mass. 02108, William Ford, attorney for Paterson, N.J., on the one hand, and, on 97242; Nordstrom Best, Inc., Fourth transferee, Lakeville, Conn. 06039. the other, New York, N.Y., and points Avenue at Pike Street, Seattle, Wash. No. MC-FC-71866. By order of in Westchester, Rockland, Nassau, and 98101; Northwest Management Services, March 9, 1970, the Motor Carrier Board Suffolk Counties, N.Y., and West Hart­ Inc., 2300 Eastlake Avenue East, Seattle, approved the transfer to Fritz Trucking, ford, Conn., for the account of Royal Wash. 98102; J. C. Penney Co., Inc., 1301 Inc., Clara City, Minn., of the operating Typewriter Co., Division Litton Business Avenue of the Americas, New York, N.Y. rights in permits Nos. MC-118739 (Sub- Systems, Inc., for 150 days. Supporting 10019; Plywood Marketing Associates, No. 2) and MC-118739 (Sub-No. 4) is­ shipper: Royal Typewriter Co., Division Box 1089, Vancouver, Wash. 98660; and sued April 11, 1963, and June 16, 1966, Litton Business Systems, Inc., 150 New United Data Processing, 1325 Southwest respectively, to Vernon Fritz, doing busi­ Park Avenue, Hartford, Conn. 06106. Custer Drive, Portland, Oreg. 97219. Send ness as Fritz Trucking Service, Clara Send protests to: District Supervisor protests to: E. J. Casey, District Super­ City, Minn., authorizing the transporta­ Joel Morrows, Bureau of Operations, In­ visor, Bureau of Operations, Interstate tion, over irregular routes, of such mer­ terstate Commerce Commission, 970 Commerce Commission, 6130 Arcade chandise as is dealt in by wholesale and Broad Street, Newark, N.J. 07102. Building, Seattle, Wash. 98101. retail dry goods and variety store busi­ No. MC 134381 TA, filed March 6,1970. ness houses, from Clara City, Minn., to Applicant: W. W. HAIR, doing business M otor Carrier of P assengers points in Idaho, Iowa, Minnesota, Mon­ Oregon, as JIMMY’S AUTO STORAGE, 602 No. MC 134333 (Sub-No. 1 TA), filed tana, Nebraska, North Dakota, South Utah, Roswell, N. Mex. 88201. Ap­ March 6, 1970. Applicant: HAROLD South Dakota, Washington, Wyoming, plicant’s representative: John F. Quinn, FRANCIS CHAPMAN, 105 Russ Street, and Wisconsin, and returned shipments Post Office Drawer A, Santa Fe, N. Mex. Snow Hill, Md. 21863. Authority sought of such merchandise from points in tn 87501. Authority sought to operate as a to operate as a contract carrier, by motor above States to Clara City, Minn., for common carrier, by motor vehicle, over vehicle, over irregular routes, transport­ specified shipper. Donald L. Maland, 10

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 NOTICES 4727

evidencing a right to engage in trans­ Parkway Drive, Montevideo, Minn. points of San Antonio, Highway Garage, portation in interstate or foreign com­ 56265, attorney for applicants. McQuerry Station, McQuate Station, and No. MC-FC-71921. By order of Osborn, Mo. Einar Viren, 904 City Na­ merce solely within the State of Texas, corresponding in scope to the service March 6, 1970, the Motor Carrier Board tional Bank Building, Omaha, Nebr. authorized in certificate of convenience approved the transfer to Carey of Boston, 68102, attorney for applicants. and necessity- No. 8043, issued Novem­ Inc., West Somerville, Mass., of certif­ No. MC-FC-71963. By order of ber 3, 1959, to. Fisher Dorsey (Mabel icate No. MC-96573 issued to Robie March 6, 1970, the Motor Carrier Board approved the transfer to V & A Truck­ Dorsey, Independent Executrix), by the Cadillac Renting Co., a corporation, Railroad Commission of Texas. Phillip Cambridge, Mass., and acquired by A & A ing Corp., Brooklyn, N.Y., of the operat­ ing rights in certificate No. MC-63072 Robinson, 904 Lavaca, Austin, Tex. Limousine Renting, Inc., Somerville, 78701, attorney for applicants. Mass., pursuant to approval and con­ issued October 14,1949, to Motor Trans­ summation of No. MC-FC-71148 on portation Corp., Brooklyn, N.Y., author­ No. MC-FC-71956. By order of December 27,1969, authorizing the trans­ izing the transportation of candy and March 9, 1970, the Motor Carrier Board portation of: Passengers and their alcoholic and malt beverages between approved the transfer to Weit Tours, baggage, in charter operations, limited to New York, N.Y., on the one hand, and, Inc., Lansdowne, Pa., of the License in six passengers, beginning and ending at on the other, points in New Jersey within No. MC-12217 (Sub-No. 1) issued Janu­ Boston, Mass., and points within 50 25 miles of City Hall, New York, N.Y., ary 28, 1965, to Charles Weitz, doing business as Weit Tours & Travel Service, miles, and points in Maine, New and alcoholic beverages from Hoboken, Hampshire, Vermont, Massachusetts, and Jersey City, N.J., to points in West­ Aldan, Pa., authorizing as a broker at Aldan, Pa., in the transportation of pas­ Rhode Island, Connecticut, and New chester, Suffolk, and Nassau Counties, sengers and their baggage, in special and York. Francis E. Barrett, Jr., attorney N.Y., within 25 miles of New York, N.Y. charter operations, from Lansdale, Pa., at law, 536 Granite Street, Braintree, Morris Honig, 150 Broadway, New York, N.Y. 10038, attorney for applicants. and points in Pennsylvania within 25 Mass. 02184. miles of Lansdale, to points in the United No. MC-FC-71957. By order of [ seal] * H. N e il G arson, Secretary. States, including Alaska and Hawaii, and March 6, 1970, the Motor Carrier Board return. Francis V. Goggins, 60 East 42d approved the transfer to Crawford [F.R. Doc. 70-3257; Filed, Mar. 17, 1970; Street, New York, N.Y. 10017, and Jo­ Freight Lines, Inc., Aberdeen, S. Dak., of 8:48 a.m.] seph R. Young, 17 South Avenue, Media, the operating rights in certificates Nos. Pa. 19063, attorneys for applicants. MC-111963, MC-111963 (Sub-No. 2), and [Notice 507] No. MC-FC-71961. By order of MC-111963 (Sub-No. 3) issued August 11, March 9, 1970, the Motor Carrier Board 1950, February 21, 1963, and June 7, MOTOR CARRIER TRANSFER approved the transfer to Diamond Cargo, 1965, respectively, to Edwin Voegele, do­ PROCEEDINGS Inc., Brooklyn, N.Y., of permit No. MC- ing business as Voegele Truck Line, M arch 11, 1970. 129498 (Sub-No. 2), issued January 10, Aberdeen, S. Dak., authorizing the trans­ 1969, to Bemie’s Express, Inc., New portation of general commodities, with Synopses of orders entered pursuant York, N.Y., authorizing the transporta­ usual exceptions, between Aberdeen, S. to section 212(b) of the Interstate Com­ tion of: Wearing apparel, and materials Dak., and the South Dakota-North merce Act, and rides and regulations pre­ and supplies used in the manufacturing Dakota State line, approximately 12 scribed thereunder (49 CFR Part 1132), of wearing apparel, between Bridgeport, miles north of Eureka, S. Dak.; between appear below : Conn., on the one hand, and, on the junction South Dakota Highway 10 and As provided in the Commission’s spe­ other, New York and Pelham Manor, unnumbered highway approximately 9 cial rules of practice any interested per­ N.Y. Bowes and Millner, Esq., 744 Broad miles south of Longlake, S. Dak., and son may file a petition seeking recon­ Street, Newark, N.J. 07102, attorneys for the South Dakota-North Dakota State sideration of the following numbered applicants. line at South Dakota Highway 45; and proceedings within 20 days from the date No. MC-FC-71967. By order of between junction South Dakota High­ of publication of this notice. Pursuant to March 9, 1970, the Motor Carrier Board ways 10 and 45 east of Eureka, S. Dak., section 17(8) of the Interstate Com­ approved the transfer to B & F Trans­ and junction South Dakota Highway 45 merce Act, the filing of such a petition fer, Inc., Cedar Rapids, Iowa, of the and unnumbered highway approximately will postpone the effective date of the certificate of registration in No. MC- 8 miles west of Longlake, S. Dak.; in each order in that proceeding pending its dis­ 99504 (Sub-No. 1) issued April 30, 1964, instance, service is authorized to and position. The matters relied upon by peti­ to Charles E. Faulkner, doing business from all intermediate points except no tioners must be specified in their peti­ as B & F Transfer Line, Cedar Rapids, service is authorized between Aberdeen, tions with particularity. Iowa, evidencing a right to engage in S. Dak., on the one hand, and, on the No. MC-FC-71821. By order of transportation in interstate or foreign other, Leola, S. Dak.; general commodi­ March 9, 1970, the Motor Carrier Board, commerce corresponding in scope to the ties, usual exceptions, between Leola, S. on reconsideration, approved the trans­ authority granted by sthe Iowa State Dak., and Aberdeen, S. Dak., serving the fer to Lawrenceburg Trucking, Inc., Commerce Commission in certificates intermediate point of Wetonka, S. Dak., Lawrenceburg, Ind., of certificate No. Nos. 180 and 341 dated July 12, 1955. and from Aberdeen, S. Dak., to Eureka, MC-20539 issued to Joseph Brunsman, Maurice L. Nathanson, 510 Guaranty S. Dak., serving the intermediate point Sunman, Ind., authorizing the transpor­ Building, Cedar Rapids, Iowa 52401, at­ of Hosmer, S. Dak.," and the off-route tation of: General commodities, with torney for applicants. point of Hillsview, S. Dak., for purpose the usual exceptions, between Batesville, No. MC-FC-71976. By order of of joinder. James R. Becker, 412 West Ind., and Cincinnati, Ohio, and house­ March 9, 1970, the Motor Carrier Board Ninth Street, Sioux Falls, S. Dak. 57104, hold goods, farm supplies and products, attorney for applicants. approved the transfer to Louis Kauffman between the above-named points and a and Vernon E. Kauffman, a partnership, specified area of Kentucky and Ohio No. MC-FC-71958. By order of doing business as Kauffman Bros., within 100 miles of Batesville, Ind. James March 6, 1970, the Motor Carrier Board Parkesburg, Pa., that portion of the op­ E. Lesh, attorney at law, 3737 North approved the transfer to Russell Trans­ erating rights specified in certificate No. Meridian Street, Indianapolis, Ind. 46208. portation, Inc., Omaha, Nebr., of cer­ MC-11544 (Sub-No. 2), and all of the No. MC-FC-71865. By order of tificate No. MC-10445, issued January 31, operating rights set forth in certificate 1950, to H. L. McCammon, doing busi­ March 19, 1970, the Motor Carrier No. MC-11544 (Sub-No. 5) issued ness as Best Way Truck Line, Cameron, Board approved the transfer to Knox March 19, 1958, and April 5, I960, re­ Truck Lines, Inc., Houston, Tex., of the Mo., authorizing the transportation of: spectively, to D. S. Beiler and Raymond certificate of registration in No. MC- General commodities, excluding house­ Beiler, a partnership, Dowingtown, Pa., hold goods, commodities in bulk, and 120302 (Sub-No. 1) issued October 23, authorizing the transportation of feed, 1968, to Gene Lane, doing business as other specified commodities, between St. from Linfield, Pa., to Baltimore, Md., and Texas Tank Transport (Fisher Dorsey, Joseph, Mo., and Cameron, Mo., over points in New Jersey, and Delaware U.S. Highway 36, and return over the Mabel Dorsey, Independent Executrix, same route, with service authorized to doing business as Texas Tank Transport, within 50 miles of Linfield; lumber, from ^ d from the intermediate and off-route Successor in Interest), Houston, Tex., Port Newark, N.J., to Parker Ford, Pa.;

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 No. 53— Pt. I------6 4728 NOTICES and fertilizer, from Downingtown, Pa., to [Notice 508] approved the transfer to James D. Cole, points in Delaware, Maryland, and New MOTOR CARRIER TRANSFER R. R. No. 2, Box 181, Brimfleld, HI. 61517* Jersey, within 50 miles of Downingtown, of certificate of registration No. MC- Pa. John M. Musselman, 400 North Third PROCEEDINGS 42708 (Sub-No. 2) issued April 10, 1964, Street, Harrisburg, Pa. 17108, attorney M arch 12, 1970. to Morris J. Smith, doing business as for applicants. Synopses of orders entered pursuant Smith Trucking Service, Pawnee, HI. No. MC-FC-71977. B y order of to section 212(b) of the Interstate Com­ 62558, authorizing the transportation of March 9, 1970, the Motor Carrier Board merce Act, and rules and regulations pre­ milk and general commodities within a approved the transfer to Roman Nobbe scribed thereunder (49 CFR Part 1132), 50-mile radius of Pawnee, 111., and to Co., Inc., Batesville, Ind., of the operating appear below: transport such property to or from any rights in permit No. MC-124748 (Sub- As provided in the Commission’s spe­ ‘point outside of such authorized area of No. 1) issued April 17, 1964, to Roman cial rules of practice any interested per­ operation for shipper or shippers within Nobbe, Batesville, Ind., authorizing the son may file a petition seeking reconsid­ such area. transportation of coal, from North Bend, eration of the following numbered pro­ No. MC-FC-71991. By order of Ohio, to points in Indiana on and south ceedings within 20 days from the date March 11, 1970, the Motor Carrier Board of U.S. Highway 36 extending from the of publication of this notice. Pursuant to approved the transfer to R. H. Rediker Ohio-Indiana State line to Indianapolis, section 17 (8) of the Interstate Commerce Transport, Ltd., Post Office Box 30, Main Ind., thence on and east of U.S. Highway Act, the filing of such a petition will post­ Street, Beebe, Quebec, Canada, of the 31 from Indianapolis, Ind., to the operating rights in certificate No. MC- Indiana-Kentucky State line at Louis­ pone the effective date of the order in that proceeding pending its disposition. 115352 (Sub-No. 1), issued December 12, ville, Ky. Malcolm C. Mallette, 111 The matters relied upon by petitioners 1956, to Reginald H. Rediker, doing busi­ Monument Circle—No. 1200, Indianapo­ must be specified in their petitions with ness as R. H. Rediker, Beebe, Quebec, lis, Ind. 46204, attorney for applicants. particularity. Canada, authorizing the transportation No. MC-FC-71985. By order of F.D. No. 25977. By order of March 10, of rough granite from and to specified March 9, 1970, the Motor Carrier Board 1970, the Motor Carrier Board approved points in Vermont. approved the transfer to A1 Heller, Inc., the transfer to All Cargo Forwarders, No. MC-FC-72000. By order of Rockaway, N.J., of the operating rights Inc., Newark, N.J., of amended permit March 10, 1970, the* Motor Carrier Board in certificate No. MC-94418, issued Oc­ and order in No. FF-156, issued June 18, approved the transfer to Agee Motor tober 13, 1941, to Abraham Heller, doing 1963, to Falcon Freight Forwarders, Inc., Freight, Inc., Chicago, HI., of the operat­ business as A & H Trucking Co., Rock­ Secaucus, N.J., authorizing operations as ing rights in certificate No. MC-84219 away, N.J., authorizing the transporta­ a freight forwarder of commodities gen­ issued August 15, 1969, to Abco Trucking tion of women’s and children’s garments erally, between specified points in New Corp., Melrose, Mass., authorizing the and returned materials used in the man­ York and New Jersey, on the one hand, transportation of general commodities, ufacture thereof from Long Branch, and, on the other, specified points in New with the usual exceptions, between Low­ N.J., to New York, N.Y., and materials Jersey, Maryland, Pennsylvania, Dela­ ell, Dracut, Methuen, Lawrence, North used in the manufacture of the above ware, and Washington, D.C. Thomas E. Andover, Andover, North Reading, Read­ specified commodities from New York, Durkin, 24 Branford Place, Newark, N.J. ing, Stoneham, Medford, Somerville, N.Y., to Long Branch, N.J. David M. 07102, attorney for applicants. Cambridge, and Boston, Mass. George C. Sweetwood, 1180 Route 46, Parsippany- No. MC-FC-71979. By order of O’Brien, 15 Court Square, Boston, Mass. Troy Hills, N.J. 07054, attorney for March 11,1970, the Motor Carrier Board 02108, attorney for transferor. Paul J. applicants. approved the transfer to The Meriden Maton, Suite No. 1149, 10 South La Salle No. MC-FC-71987. By order of Parcel-Gift Delivery Co., Inc., 155 Colony Street, Chicago, HI. 60603, attorney for March 9, 1970, the Motor Carrier Board Street, Meriden, Conn. 06450, of the cer­ transferee. approved the transfer to Dudley Boat & tificate of registration in No. MC-99448 No. MC-FC-72016. By order of Trailer Transportation, Inc., Auburn, (Sub-No. 2) .issued May 12, 1964, to G. March 11,1970, the Motor Carrier Board Wash., of the operating rights in cer­ William Malerba, doing business as approved the transfer to James L. Cihak, tificates Nos. MC-126266 (Sub-No. 1) Meriden Parcel Gift Delivery, 155 Colony Wagner, S. Dak., of the operating rights and MC-126266 (Sub-No. 3) issued Street, Meriden, Conn. 06450, evidencing in certificate No. MC-101675, issued March 29, 1967, and September 13, 1968, a right to engage in transportation in in­ June 7, 1950, to Henry Ehresmann, Del- respectively to Max L. Dudley, doing terstate or foreign commerce correspond­ mont, S. Dak. 57330, authorizing the business as Dudley Boat & Trailer Trans­ ing in scope to authority granted in com­ transportation of livestock, grain, foods port, Auburn, Wash., authorizing the mon carrier certificate No. C-957 dated and seeds between Delmont, S. Dak., and transportation of specified commodities January 10, 1949, issued by the Public points within 15 miles thereof, on the from, to and between specified points and Utilities Commission of Connecticut. one hand, and, on the other, Sioux City, areas in Washington, Oregon, Arizona, No. MC-FC-71986. By order of Iowa. California, and Nevada. Joseph O. Earp, March 11,1970, the Motor Carrier Board H. N eil G arson, registered practitioner, 411 Lyon Build­ Secretary. ing, 607 Third Avenue, Seattle, Wash. approved the transfer to Dor-O-Dee 98104, representative for applicants. Trucking Service, Inc., Little Ferry, N.J., [F.R. Doc. 70-3259; Filed, Mar. 17, 1970; of the operating rights in certificate No. 8:48 a.m.] No. MC-FC-71992. By order of MC-2028 issued August 20, 1957, to Gray March 9, 1970, the Motor Carrier Board Fleet Trucking Co., Inc., Little Ferry, [Notice 509] approved the transfer to John M. Grier­ N.J., authorizing the transportation of son, doing business as B & B Delivery heavy industrial chemicals and empty MOTOR CARRIER TRANSFER Service, Toledo, Ohio, of the operating chemical containers used as the recep­ PROCEEDINGS rights in certificate No. MC-119408, is­ tacles of heavy industrial chemicals, be­ M arch 13, 1970. sued December 2,' 1964, authorizing the tween New York, N.Y., on the one hand, Synopses of orders entered pursuant to transportation of eye glasses, frames, and, on the other, New Brunswick, N.J., lenses, parts, and ophthalmic materials section 212(b) of the Interstate Com­ and points in Bergen, Essex, Hudson, merce Act, and rules and regulations pre­ and supplies, and prescriptions and or­ Morris, Somerset, Union, and Passaic ders therefor, between Toledo, Ohio, on Counties, N.J., and those in Middlesex scribed thereunder (49 CFR Part 1132), the hand, and, on the other, points in County, N.J., north of the Raritan River. appear below: Monroe County, Mich. Arthur R. Cline, James J. Farrell, registered practitioner, As provided in the Commission’s spe­ 420 Security Building, Toledo, Ohio 206 North Boulevard, Belmar, N.J. 07719, cial rules of practice any interested per­ 43604, attorney for applicants. and Morris Honig, attorney at law, 150 son may file a petition seeking reconsid­ [ seal] H. N eil G arson, Broadway, New York, N.Y. 10038, repre­ eration of the following numbered pro­ Secretary. sentatives for applicants. ceedings within 20 days from the date oi publication of this notice. Pursuant w [F.R. Doc. 70-3258; Filed, Mar. 17, 1970; No. MC-FC-71990. By order of 8:48 ajn .] March 11,1970, the Motor Carrier Board section 17(8) of the Interstate Commerce

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 NOTICES 4729

Act the filing of such a petition will post­ MC-95147 (Sub-No. 2) issued July 14, merce corresponding to those authorized pone the effective date of the order in 1950 and October 2, 1953, respectively, by this Commission in Ex Parte No. 259, that proceeding pending its disposition. to Domenico S. Sacco (Carolyn T. Sacco, Increased Freight Rates, 1968, 332 I.C.C. The matters relied upon by petitioners Administratrix), doing business as Sac­ 714, and they also seek the institution of must be specified in their petitions with co’s Trucking, 76 Turner Avenue, Pitts­ an investigation with a view to further particularity. field, Mass. 01201, authorizing the trans­ increasing the intrastate rates to the No. MC-FC-71876. By order of portation of household goods between level authorized by this Commission’s March 12,1970, the Motor Carrier Board, Pittsfield, Mass., on the one hand, and, order entered November 17, 1969, in Ex on reconsideration, approved the transfer on the other, points in New York; and Parte No. 262, Increased Freight Rates, to Resil Corp., East Meadow, N.Y., of the between Boston, Mass., on the one hand, 1969, not printed; and for good cause: operating rights in certificate No. MC- and, on the other, points in Massachu­ I t is ordered, That, pursuant to section 59223 issued October 31,1942, to Eastern setts, New Hampshire, Rhode Island, and 13 of the Interstate Commerce Act, under Transportation Co., Inc., Bronx, N.Y„ Connecticut. which the instant petition is filed, an in­ authorizing the transportation of gen­ No. MC-FC-71899. By order of vestigation be, and it is hereby, instituted eral commodities, except those of un­ March 12,1970, the Motor Carrier Board into the matters and things presented in usual value, dangerous explosives, live­ approved the transfer to Kusler’s Central the petition; and that all common car­ stock, household goods as defined by the Distributing Co., a corporation, Pierre, riers by railroad operating within the Commission, commodities in bulk, refrig­ S~ Dak., of the operating rights in permit State of New Mexico subject to the juris­ erators, refrigerating and air-condition­ No. MC-133728 issued December. 22,1969, diction of this Commission be, and they ing equipment, electrical household ap­ to the Torvik Distributing Co., a corpo­ are hereby, made respondents to this pliances, and oil burners, between points ration, Pierre, S. Dak., authorizing the proceeding. in New York, New Jersey, and Connecti­ transportation of malt beverages, in con­ It is further ordered, That all persons cut within 35 miles of New York, N.Y., tainers, and supplies and materials used who intend actively to participate in this including New York, N.Y., and between in the sale and distribution of malt bev­ proceeding and to file and receive copies New York, N.Y., cm the one hand, and, erages, from Minneapolis and St. Paul, of pleadings, shall make known that fact on the other, points in Rockland, and Minn., Milwaukee, Wis., Omaha, Nebr., by notifying the Commission in writing Orange Counties, N.Y., and points in and St. Louis, Mo., to Winner, S. Dak. on or before March 30, 1970. Any inter­ Morris, Mercer, Somerset, Middlesex, Thomas C. Adam, Box 160, Pierre, S. Dak. ested persons who notify the Commission Monmouth, and Ocean Counties^ N.J., 57501, attorney for applicants. later than the aforesaid date of their exclusive of points within 35 miles of No. MC-FC-71969. By order of desire to actively participate will be New York, N.Y.; and automobile license March 12, 1970, the Motor Carrier Board added to the service list in the instant plates, between Auburn, N.Y., and New approved the acquisition by Richard A. docket for service of subsequent Com­ York, N.Y. Arthur J. Piken, 160-16 Ja­ Etherson, of Knoxville, Tenn., and mission releases herein, and the burden maica Avenue, Jamaica, N.Y. 11432, and Joseph C. Spears, of Athens, Tenn., of will be on such persons to notify other William D. Traub, 10 East 40th Street, control of Roger Q. Williams Tours, Inc., participants in writing of their desire to New York, N.Y. 10016, representatives Knoxville, Tenn., which holds a license receive and exchange pleadings. Other­ for applicants. in No. MC-12520 (Sub-No. 2) authoriz­ wise, any interested person desiring to No. MC-FC-72013. By order of ing operations at Knoxville, Tenn., as a participate may make his appearance at March 12,1970, the Motor Carrier Board broker of passengers and their baggage, the hearing. Reply or rebuttal pleadings approved the transfer to Zueck Trans­ in round-trip tours; (a) beginning and to the instant petition are not required portation Co„ a corporation, 110 M ending at Norris, Tenn., and points and requests for permission to intervene Street, Rock Springs, Wyo. 82901, of cer­ within 75 miles thereof, and extending to in an investigation proceeding such as tificates of registration Nos. MC-54514 points in the United; States (except this one are unnecessary. (Sub-No. 1) and MC-54514 (Sub-No. 2) Alaska and H aw aii); and (b) beginning I t is further ordered, That as soon as issued November 7, 1966, and June 10, and ending at points in Alabama, Flor­ practicable after the date for indicating 1968, respectively, to Emil Zueck, doing ida, Louisiana, Mississippi, South Caro­ a desire to participate in the proceeding business as Zueck Transportation Co., lina, and West Virginia, and at points has past, the Secretary will serve a list Rock Springs, Wyo. 82901, evidencing a in Kentucky, Virginia, and North Caro­ of the names and addresses of all right to engage in transportation in in­ lina, except those within 75 miles of participants. terstate commerce as described in State Norris, Tenn., and extending to points I t is further ordered, That a copy of Certificate No. 44, as amended, issued by in the United States (except Alaska and this order be served upon the respond­ the Public Service Commission of Hawaii). Wm. C. Wilson, Valley Fidelity ents; that the State of New Mexico be Wyoming. Bank Building, Knoxville, Tenn. 37902, notified of the proceeding by sending a No. MC-FC-71997. By order of attorney for applicants. copy of this order by certified mail to the March 12,1970, the Motor Carrier Board Governor of New Mexico, Santa Fe, approved the transfer to J. Swanson’s [ s e a l] H. N e il G a r so n , . Secretary. N. Mex., and a copy to the State Corpo­ Motor Service, Inc., West Railroad ration Commission of New Mexico, Street, Cambridge, 111. 61238, of the op­ [F.R. Doc. 70-3260; Filed, Mar. 17, 1970; Santa Fe, N. Mex.; and that further erating rights in certificate No. MC-17264 8:48 a.m.] notice of this proceeding be given to the issued November 15, 1965, to Jennie V. public by depositing a copy of this order Swanson, doing business as Swanson’s [No. 35215] in the office of the Secretary of this Com­ Motor Service, West Railroad Street, mission at Washington, D.C., and by fil­ Cambridge, HI. 61238, authorizing the NEW MEXICO INTRASTATE FREIGHT ing a copy with the Director, Office of the transportation of agricultural imple­ RATES AND CHARGES, 1970 Federal Register, Washington, D.C., for ments and parts, machinery and parts, publication in the F ederal R e g ist e r . advertising matter, and implement dealer At a session of the Interstate Com­ supplies, between Rock' Palls, East Mo­ merce Commission, Division 2, held at And it is further ordered, That this line, Rock Island, and Canton, 111., on the its office in Washington, D.C., oh the proceeding be assigned for hearing at one hand, and, on the other, Davenport 4th day of March 1970. such time and place as the Commission and Bettendorf, Iowa. By petition filed January 5, 1970, the may hereafter designate. No. MC-PC-71999. By order of common carriers by railroad operating By the Commission, Division 2. March 12,1970, the Motor Carrier Board within the State of New Mexico aver that the State Corporation Commission of [ s e a l ] H. N e il G a r s o n , approved the transfer to Carmella P. Secretary. Sacco, doing business as Sacco’s Truck- New Mexico has refused to authorize or jn?, 76 Turner Avenue, Pittsfield, Mass. to permit increases in rates and charges [F.R. Doc. 70-3261; Filed, Mar. 17, 1970; 01201, of certificates Nos. MC-95147 and on freight moving in intrastate com­ 8:49 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4730 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— MARCH

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 March.

1 CFR Page 7 CFR— Continued Page 12 CFR— Continued Page 12______:______4249 842______4250 544—______4044 Appendix B______4249 891______4609 556______4287 895______4545 563______4044 3 CFR 907 ______4132, 4251, 4391, 4610 571______4289 P roclamations : 908 ______4132, 4392 582b______4290 2761A (see Proc. 3967)______3975 909 ______4041 P roposed R u l e s : 910 ______3982, 4251, 4545 2929 (see Proc. 3967)______3975 204______4080, 4307 912 ______4252, 4545 3140 (see Proc. 3967)______3975 217— ______4080, 4307 3279 (modified by Proc. 3969) _ 4321 913 ______- ______— 4252, 4546 290______4644 3455 (see Proc. 3967)______3975 945 ______4195 292______.____ 4644 3458 (see Proc. 3967)______3975 946 ______4252 3548 (see Proc. 3967)______3975 947 ______4253 13 CFR 948— ______4254, 4255 3762 (see Proc. 3967)______3975 107______4596 3816 (see Proc. 3967)______3975 966.______4546 3951 (see Proc. 3967)______3975 980______4547 14 CFR 3967_____* ______3975 987______4324 3968______4245 1016______4042 Ch. I ______4292 3969 ______4321 1034— ______4042 39_____ 4198, 4199, 4326, 4395, 4396, 4547 3970 ______4387 1041______4043 71______4116, 1098______4392 4199, 4200, 4256-4259, 4291, 4396, E xecutive O rders: 1099— ______4392 4397, 4548, 4612, 4613, 4700 July 2, 1910 (revoked in part 1131______.*______4285 73______4053, 4259 by PLO 4776)____ 4516 1443______4132 75______4291 July 7, 1910 (revoked in part 1602______4325, 4610 91______4116 by PLO 4775)______4403 95______3982 P roposed R u l e s : May 11, 1911 (revoked in part 97______3988, 4461 by PLO 4775)______4403 201— ...... 4734 99______4292 April 17,1926 (revoked in part 202______4734 241____ 4613 by PLO 4764)______4400 965______4638 1221______4700 991_____ 4411 1919% (revoked in part by P roposed R u l e s : PLO 4771)______4401 993______4216 2216 (revoked in part by PLO 1001______4056 1— ______4262, 4519 4771)______4401 1007— ____ —-______4295 39— 4263, 4333, 4412, 4638, 4708, 4709 3672 (revoked in part by PLO 1015.____ 4056 71______— 4216-4218, 4771)______4401 1030______4064 4412 4263-4266, 4306, 4412, 4519, 4521- 5237 (revoked in part by PLO 1065______•_ 4262 4522, 4638, 4639, 4709 4765)______4400 1103______4295 75______4413 5327 (see PLO 4776)______4516 1124______4706 77______s.______4554 9586 (amended by EO 11515). 4543 91______4262, 4266, 4519 10898 (revoked by EO 11515). 4543 8 CFR 145______4523 10986 (revoke by EO 11515) _ 4543 235_____ : ______4325 11035 (superseded by EO 238______4325 15 CFR 11512)______3979 248______4325 P roposed R u l e s : 11117 (revoked by EO 11515). 4543 316a______4326 1000______4368, 4377 11152 (revoked by EO 11515) _ 4543 P roposed R u l e s : 11382 (amended by EO 103______4135 1Ó CFR 11515).______4543 214______4135 13____’______3993, 4116-4120, 4397, 4398 11472 (amended by EO 15______3993 11514)______4247 9 CFR 421—______4614 11512 ______3979 11513 ______4113 74______4195 76______4043, 17 CFR 11514 ______4247 4121 11515 ______4543 4115, 4196, 4285, 4286, 4392, 4393, 200______4547, 4694-4699 211______4121 P residential D ocum ents O ther 78______4196 231-______4121 T h a n P roclamations and 239______4122 E xecutive O rder: 10 CFR 249______4122 Letter of Dec. 9, 1969______4193 30 ______3982 P roposed R u l e s : 5 CFR 31 ______3982 240______4649 70______4700 274_...... 4650 213______4249, 4389, 4609, 4705 161______4255 7 CFR P roposed R u l e s : 18 CFR 2______3993, 4133 52______3981 3______4056 301______4691, 4692 157______4133 401______4389, 4390 12 CFR P roposed R u l e s : 407______4390 1______4197 101 ______. . . . 4416 411______— ______4390 211______4394 104 ------I ______4416 601______4041 217______4286 722______4323 265______4044 728 ______4323 269______4610 154—" —I I I —____ 4008, 4080, 4141 729 ------4391 329______4287 157—11—______- ____ -___ 4080 813------4693 526______4394 201— 11—III 4008, 408Ò, 4141, 4416 FEDERAL REGISTER 4731

18 CFR-— Continued Page 30 CFR—Continued Page 43 CFR Pa8e Proposed R u l e s — Continued 57______4515 P u b l ic L and O rd er s: 204 ______4416 74______4326 746 (revoked in part by PLO 205 ______4416 P roposed R u l e s : 4771)______4401 260______4008, 4080, 4141 501______i ____ 4238, 4307 872 (revoked in part by PLO 4771)______4401 19 CFR 1066 (revoked in part by PLO 31 CFR 4771)______1_ 4401 10______4292 203____ — 4399 4326 1110 (revoked in part by PLO 53------500______4045 4773)______u 4402 Proposed R u l e s : 1609 (revoked in part by PLO 10______4632 32 CFR 4766)______4400 18______4632 4437 (corrected by PLO 4768) _ 4401 591 ____ 4123 21______4632 4522 (see PLO 4776)______4516 4632 592 ____ 4126 25______4127 4764 ______4400 33______4632 593 ____ 594 ____ 4130 4765 ______4400 596______4130 4766 ______4400 21 CFR 599 ____ 4131 4767 ______4401 3 ______4702 600 ____ 4131 4768 ______4401 4769 ______4401 53______4548 601____ _ 4131 4770 __ 4401 120 ______4501 807a_____ 4210 4771 ______4401 121 ______4502 852____ _ 4515 4772 ______4402 135b______4133 882 ______4622 888a_____ 4550 4773 ______4402 Proposed R u l e s : 4774 _____ 4402 120______4518 907______4211 1474 __ 4329 4775 ______4403 191______4001, 4638 4776 ______4516 320______4305 1475 __ 4329 1499_____ 4329 4777 ______4516 22 CFR 45 CFR 32A CFR 601______4621 35______4517 BDSA (Ch. V I ) : 23 CFR 233______4329 Reg. 2, Dir. 12______4211 701______4552 Proposed R u l e s : Reg. 2, Dir. 13______4211 P roposed R u l e s : 255— ______4080 P roposed R u l e s : Ch. X ______4335, 4710 Ch. I X ______4180, 4554 24 CFR 0______4622 33 CFR 46 CFR 1909— ______4201 25______4045 66______4517 1910 ------4202 74______4045 272------4048 1911 ______4204 207______4551 P roposed R u l e s : 1912 ------4206 1914 ______4207, 4331 P roposed R u l e s : 66______4708 1915 ------4208, 4332 110______4136, 4518 117______4412 47 CFR 25 CFR 0______4704 Proposed R u l e s : 36 CFR 63 _ 4630 221____ 231___ 4399, 4704 64 ______4630 74------;______4704 26 jCFR P roposed R u l e s : 7______4215, 4554 89------4332 i.__ P roposed R ules : 13.__ 37 CFR 1 ______4307, 4557 143__ 2 ______4333 240- 1______4259 25— ______4334 301- 73____ 4138, 4334 Proposed R u l e s : 38 CFR 89______4079 1__ 21______4704 97______4138 211___ 213___ 39 CFR 49 CFR 28 CFR P roposed R u l e s : 371______4213, 4630 155______4054 386______4552 0— 1033______4261 1307______4052, 4261, 4553 29 CFR 41 CFR P roposed R u l e s : 613- 1-1______— ______4260 5A-2_____ 4400 173______,______4267 688------4549 192______4413 5A-7— ______4293 236______4333 9-1______3994 Proposed R u l e s : 367 ______4639 204— 368 ______4639 *425--- - ¿nnv 42 CFR 371______4136, 4266, 4557, 4641 73______* 4293 30 CFR 81______4260 50 CFR 55- P roposed R u l e s : 56, ------. 'i 33______L 3995, 4294, 4330, 4630, 4631 81------4305 258______4052

FEDERAL REGISTER VOLUME 35 • NUMBER 53

Wednesday, March 18, 1970 • Washington, D.C. P A R T II

DEPARTMENT OF AGRICULTURE Consumer and Marketing Service

FEDERAL SEED ACT REGULATIONS

No. 53— Pt. II- ■1 4734 PROPOSED RULE MAKING

Sec. document by virtue of which a proceed­ DEPARTMENT OF A6RICULTURE 202.18 Procedure upon admission of facts. ing under the Act is instituted. 202.18-1 General. (e) The term “Hearing” means that Consumer and Marketing Service 202.18-2 Exceptions to Examiner’s report. part of a proceeding which involves the 202.18-3 Final order. . submission of evidence and means either [ 7 CFR Part 201, 202 3 202.19 Procedure upon request for an oral hearing. an oral or written hearing. FEDERAL SEED ACT REGULATIONS 202.19-1 Time and place of hearing. (f) “Complainant” means the party 202.19-2 Appearances. upon whose moving paper the proceeding Rules of Practice 202.19-3 Order of proceeding. is instituted. Pursuant to the provisions of sections 202.19-4 Evidence. (g) “Respondent” means the party 202.19-5 Transcripts. proceeded against. 402, 409, 410, and 413 of the Federal Seed 202.19-6 Proposed findings of fact, conclu­ Act, as amended (7 U.S.C. 1551 et seq.), sions, and order. (h) “Secretary” means the Secretary notice is hereby given that consideration '202.19-7 Examiner’s report. of Agriculture of the United States, or is being given to amending the rules of 202.19-8 Exceptions; objections; request for any officer or employee of the U S. De­ practice under the Act (7 CFR 201.151 oral argument. partment of Agriculture to whom author­ et seq.). 202.19-9 Final order. ity has heretofore been delegated, or to Public hearing will be held in Room 202.20 Depositions. whom authority may hereafter be dele­ 2096, South Building, U.S. Department of 202.21 Subpenas. gated, to act in his stead, including the 202.22 Fees of witnesses. Judicial Officer. Agriculture, 14th and Independence Ave­ 202.23 Argument before the Secretary. nue SW., Washington, D.C., at 10 a.m., 202.23-1 Request for oral argument; waiver. - (i) “ Hearing Clerk” means the Hear­ April 20, 1970. Interested persons are 202.23-2 Briefs. ing Clerk, U.S. Department of Agricul­ invited to attend this hearing and to 202.23-3 Scope of argument. ture, Washington, D.C. 20250. offer comments or suggestions. The pre­ 202.24 Ex parte discussion. (j) “Examiner” means an Examiner in siding officer shall be designated prior 202.25 Petitions for reopening hearing; the Office of Hearing Examiners, U.S. to the hearing by the Director, Grain Di­ for rehearing or reargument of Department of Agriculture. proceeding; or for reconsidera­ vision, Consumer and Marketing Serv­ tions of order. (k) “Examiner’s Report” means the ice. Comments in duplicate may be sub­ 202.25-1 Petition requisite. Examiner’s report to the Secretary with mitted by mail addressed'to the Hear­ 202.25-2 Procedure for disposition of peti­ respect to proposed: (1) Findings of fact ing Clerk, U.S. Department of Agricul­ tions. and conclusions with respect to all mate­ ture, Washington, D.C. 20250, and will 202.26 Filing documents. rial issues of fact, law or discretion, as be considered if received on or before 202.27 Service. well as the reasons or basis therefor, and May 20,1970. All written submissions will 202.28 Computation of time. (2) order. 202.29 Extension of time. be available for public inspection at the (l) “Director” means the Director of office of the Hearing Clerk during regu­ Subpart C— Rules Applicable to Other the Grain Division, Consumer and Mar­ lar business hours. Proceedings keting Service, U.S. Department of Agri­ It is proposed to amend Part 201 of 202.40 Proceedings prior to reporting for culture, or any officer or employee of the Title 7, Code of Federal Regulations, by criminal prosecution. Department to whom authority is dele­ deleting § 201.151 through 201.159 and 202.41 Notice and hearing prior to pro­ gated to act in his stead. § 201.231 and to promulgate a new Part mulgation of rules and re— tla- tions. (m) “Decision and Order” includes the 202 to read as follows: 202.42 Publication of judgments and Secretary’s findings, conclusions, order, PART 202— RULES OF PRACTICE orders. and rulings on motions, exceptions, state­ Proceedings under section 302(a) UNDER THE FEDERAL SEED ACT 202.43 ments of objections, and proposed find­ to show cause why seed or ings, conclusions and orders submitted Subpart A— General screenings should be admitted by the parties not theretofore ruled upon, into the United States. Sec. 202.44 Proceedings under section 305(b) § 202.3 Institution of proceedings. 202.1 Meaning of words. to determine whether foreign al­ 202.2 Definitions. falfa or red clover seed is not Any person having information of any 202.3 Institution of proceedings. adapted for general agricultural violation of the Act or of any of the regu­ 202.4 Status of applicant. use in the United States. lations promulgated thereunder may file Subpart B-— Rules Applicable to Cease and Desist A u t h o r it y : The provisions of this Part with the Director, an application request­ Proceedings 202 issued under secs. 402, 409, 410, 413, 53 ing the institution of such proceedings Stat. 1275, as amended; 7 U.S.C. 1592, 1599, as may be authorized under the Act. Such 202.10 Institution of proceeding; docket number. 1601, 1603. application shall be in writing, signed 202.11 Moving paper. Subpart A— General by or on behalf of the applicant, and 202.11-1 Filing and service. shall contain a short and simple state­ 202.11-2 Contents. § 202.1 Meaning of words. ment of the facts constituting the 202.11-3 Amendments. As used in this part, words in the alleged violation and the name and ad­ 202.12 Answer. singular form shall be deemed to import dress of the applicant and the party com­ 202.12-1 Filing and service. the plural, and vice versa, as the case may plained of. If, after investigation of the 202.12-2 Contents. matters complained of in the application 202.12-3 Failure to file. require. or after investigation made on his own 202.13 Consent orders. § 202.2 Definitions. 202.14 Examiners. motion, the Director has reason to be­ 202.14—1 Assignment. For the purposes of this part, the fol­ lieve that any person has violated or is 202.14-2 Disqualification of Examiner. lowing terms shall be construed, respec­ violating any of the provisions of the 202.14-3 Conduct. tively, to mean: Act or the regulations made and promul­ 202.14rA Powers. (a) The term “Act” means the Federal gated thereunder, he may institute such 202.14—5 Who may act in the absence of the Seed Act, approved August 9, 1939 (53 proceedings as may be authorized by the Examiner. Stat. 1275, 7 U.S.C. 1551 et seq.) and any Prehearing conferences. Act. 202.15 legislation amendatory thereof. 202.16 Motions and requests. § 202.4 Status o f applicant. 202.16-1 General. (b) The term “ regulations” means the 202.16-2 Motions entertained. regulations promulgated pursuant to the The person filing an application shall 202.16-3 Contents. Act (Part 201 of this chapter). not be a party to any proceeding whicn 202.16—4 Answers to motions and requests. (c) The term “ person” includes any may be instituted under the Act, umess 202.16-5 Certification to Secretary. individual, partnership, corporation, he be permitted by the Secretary or oy 202.17 Procedure upon failure to request company, society, association, receiver, the Examiner to intervene therein, in hearing or waiver of hearing. Director shall not be required to divmgç 202.17-1 General. or trustee. 202.17-2 Exceptions to Examiner’s report. (d) “ Moving paper” means any formal the name of the applicant and such pc 202.17-3 Final order. complaint and notice of hearing or other son will have no legal status m

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 PROPOSED RULE MAKING 4735 proceeding which may be instituted, ex­ the moving paper and neither admits nor (d) Issue subpenas, under the fac­ cept where allowed to intervene or as denies the remaining allegations and simile signature of the Secretary, requir­ such person may be called as a witness. consents to the issuance of a s p e c ifie d ing the attendance and testimony of At any time after the institution of the order without further procedure. The witnesses and the production of books, proceeding, and before it has been sub­ answer may contain an express waiver contracts, papers, and other documen­ mitted to the Secretary for final consid­ of hearing. tary evidence; eration, the Secretary or the Examiner § 202.12—3 Failure to file. (e) Summon and examine witnesses may, upon petition in writing and upon and receive evidence; Failure to file an answer to, or plead good cause shown, permit any person to ( f ) Take or order, under the facsimile intervene. specifically to, any allegation of the mov­ ing paper, except as provided in § 201.12- signature of the Secretary, the taking of Subpart B— Rules Applicable to Cease 2(c) of this chapter shall constitute an depositions; and Desist Proceedings admission of such allegation. (g) Admit or exclude evidence; §202.10 Institution of proceedings; (h) Hear oral argument on facts or § 202.13 Consent orders. law; and docket number. At any time after the institution of a (i) Do all acts and take all measures (a) A cease and desist proceeding proceeding, the respondent may file an necessary for the maintenance of order under section 409 of the Act (7 U.S.C. answer or amended answer consenting to at the hearing and for the efficient, fair 1599) is instituted upon the issuance by an order as set forth in § 202.12-2 (c ). and impartial conduct of the proceeding. the Director of a moving paper and the Within 15 days after service of such an filing of such document with the Hearing answer, the complainant shall file its rec­ § 202.14—5 W ho may act in the absence Clerk. ommendation. I f the complainant recom­ o f the Examiner. (b) Each such proceeding, immedi­ mends that the order consented to by re­ In case of the absence of the Examiner ately following its institution, shall be spondent be issued, the Secretary may, or his inability to act, the powers and assigned a docket number by the Hear­ in his discretion, enter such order which duties to be performed by him under this ing Clerk and thereafter the proceeding shall have the same force and effect as part in connection with a proceeding shall be referred to by such number. other orders issued hereunder and shall assigned to him may, without abate­ be served upon the parties in the manner § 202.11 Moving paper. ment of the proceeding unless otherwise provided in § 202.27. directed by the Secretary, be assigned § 202.11—1 Filing and service. to any other Examiner. §202.14 Examiners. If the Director has reason to believe §202.15 Prehearing conferences. that any person has violated or is violat­ § 202.14—1 Assignment. ing any of the provisions of the Act or No examiner shall be assigned to serve In any proceeding in which it ap­ the regulations issued or promulgated in any proceeding who (a) has any pears that such procedure will expedite thereunder, a moving paper may be filed pecuniary interest in any matter or busi­ the proceeding, the Examiner, at any with the Hearing Clerk, a copy of which ness involved in the proceeding, (b) is time prior to the commencement of the shall be served upon each respondent related within the third degree by blood oral hearing, may request the parties or as provided in § 202.27. or marriage to any party to the proceed­ their counsel to appear at a conference before him to consider (a) the simplifi­ § 202.11—2 Contents. ing, or (c) has participated in the inves­ tigation preceding the institution of the cation of issues; (b) the necessity or de­ The moving paper shall set forth proceeding or in the determination that sirability of amendrfients to pleadings; briefly the nature of the violation or it should be instituted or in the prepara­ (c) the possibility of obtaining stipula­ violations, including allegations of fact tion of the moving paper or in the devel­ tions of fact and of documents which which constitute a basis for the proceed­ opment of the evidence to be introduced will avoid unnecessary proof; (d) the ing, and designate a time and place for a therein. limitation of the number of experts or hearing in the matter which shall be at other witnesses; and (e) such other least 30 days after the date of the service § 202.14—2 Disqualification of Exam­ matters as may expedite and aid in the of the moving paper upon the iner. disposition of the proceeding. No tran­ respondent. (a) Any party may, by motion madescript of such conference shall be made, to the Examiner, request that the but the Examiner shall prepare and file § 202.11—3 Amendments. Examiner disqualify himself and with­ for the record a written summary of the At any time prior to the close of the draw from the proceeding. The Examiner action taken at the conference, which hearing, the moving paper may be may then either rule upon or certify the shall incorporate any written stipula­ amended; but, in case of an amendment motion to the Secretary, but not both. tions or agreements made by the parties adding new provisions, the hearing shall, Ob) An Examiner shall withdraw from at the conference or as a result of the on the request of the respondent, be any proceeding in which he deems him­ conference. I f the circumstances are adjourned for a period not exceeding self disqualified for any reason. such that a conference is impracticable, 15 days. the Examiner may request the parties § 202.12 Answer. § 202.14—3 Conduct. to correspond with him for the purpose The Examiner shall conduct the pro­ of accomplishing any of the object» Set § 202.12—1 Filing and service. ceeding in a fair and impartial manner, forth in this section. The Examiner The respondent shall file an answer to and save to the extent required for the shall forward copies of letters and docu­ the allegations of the moving paper, with disposition of ex parte matters as au­ ments to the parties as the circumstances the Hearing Clerk, signed by the re­ thorized by law, he shall not consult any require. Correspondence in such negotia­ spondent or his attorney, within 20 days person or .party on any fact in issue tions shall not be a part of the record, after , service of the moving paper upon unless upon notice and opportunity for but the Examiner shall submit a written the respondent. all parties to participate. summary for the record if any action is taken. § 202.12—2 Contents. § 202.14-4 Powers. § 202.16 Motions and requests. The answer shall (a) contain a con- Subject to review by the Secretary as pise statement of the facts which consti­ provided elsewhere in this part, the § 202.16—1 General. tute the grounds of defense, and shall Examiner, in any proceeding assigned to All motions and requests shall be filed specifically admit, deny, or explain each him, shall have power to: with the Hearing Clerk, unless made of the allegations of the moving paper (a) Rule upon motions and requires; during the course of an oral hearing, in unless the respondent is without knowl- (b) Set the time and place of hearing, which case they may be stated orally nge, m which case the answer shall so adjourn the hearing from time to time, and made a part of the transcript. The state; (b) state that the respondent ad­ and change the time and place of Examiner is authorized to rule upon all mits all of the facts alleged in the moving hearing; motions and requests filed or made prior Paper; or (c) state that the respondent (c) Administer oaths and affirmations to the filing of his report with the Hear­ admits the jurisdictional allegations of and take affidavits; ing Clerk as hereinafter provided. The

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4736 PROPOSED RULE MAKING

Secretary will rule upon all motions and brief in support of any exceptions or ob­ notice of such change, which notice shall requests filed after that time. jections which he may file. A party, if he be served upon the parties, unless it is files exceptions, shall state in writing made during the course of an oral hear­ § 202.16—2 Motions entertained. whether he desires to make an oral argu­ ing and made a part of the transcript. Any motion will be entertained except ment thereon before the Secretary in the § 202.19—2 ' Appearances. a motion to dismiss on the pleadings. manner provided in § 202.23; otherwise All motions and requests concerning the he shall be deemed to have waived such (a) Representation. The parties may sufficiency of the moving paper must be oral argument. appear in person or by counsel or other representative. Persons who appear as made within the time allowed for filing § 202.17—3 Final order. an answer. counsel or in a representative capacity As soon as practicable after the expira­ must conform to the standards of ethical § 202.16—3 Contents. tion of the period for filing exceptions conduct required of practitioners before All written motions and requests shall and briefs, or, in case oral argument is the courts of the United States. When­ state the particular order, ruling, or had, as soon as practicable thereafter, ever the Secretary finds, after notice and action desired and the grounds therefor. the Secretary shall issue his final deci­ opportunity for hearing, that a person, sion and order, including his ruling on who is acting or has acted as counsel or § 202.16—4 Answers to motions and re­ any exceptions filed by the parties. The representative for another person in any quests. order shall be served upon the parties proceeding before the Secretary, is unfit Within 15 days after service of any in the manner provided in § 202.27. to act as such representative or counsel, written motion or request, or within any he will order that" such person be pre­ longer period fixed by the Secretary or § 202.18 Procedure upon admission of cluded from acting as counsel or repre­ Examiner, the opposing party shall file facts. sentative in any proceeding under the an answer to the motion or request or § 202.18—1 General. Act. The procedure in such case will be shall be deemed to have no objection to The admission, in the answer or by governed by the applicable provisions of the granting of the relief asked for in failure to file an answer, of all the ma­ this part. the motion or request. Unless permitted terial allegations of fact contained in the (b) Failure to appear. I f any party to by the Secretary or Examiner, the mov­ moving paper shall constitute a waiver the proceeding, after being duly notified, ing party shall have no right to reply to of oral hearing. Upon such admission of fails to appear at the hearing, he shall the answer. facts, the Examiner, without further be deemed to have waived the right to an § 202.16—5 Certification to Secretary. procedure or hearing, shall issue his re­ oral hearing in the proceeding. In the port, in which he shall adopt as his event that a party appears at the hear­ The submission or certification of any proposed findings of fact the material ing and no party appears for the oppos­ motion, request, objection or other ques­ facts alleged in the moving paper. The ing side, the party who is present ¿rail tion to the Secretary prior to the time Examiner’s report shall be served upon have an election whether to present his when the Examiner’s report is filed with the parties in the manner provided in evidence, in whole or in part, in the form the Hearing Clerk shall be in the discre­ § 202.27. of affidavits or by oral testimony before tion of the Examiner. The Examiner may the Examiner. Failure to appear at a either rule upon or certify the motion, § 202.18—2 Exceptions to Examiner’s hearing shall not be deemed to be a wai­ request, objection, or other question, but report. ver of the right to be served with a copy not both. Within 10 days after service of the Ex­ of the Examiner’s report and to file ex­ . § 202.17 Procedure upon failure to re­ aminer’s report, the parties may take ex­ ceptions and make oral argument before quest hearing or waiver of hearing. ception to any matter set out in such the Secretary with respect thereto, in the report, and in such case shall file excep­ manner provided in §§ 202.19-8 and § 202.17-1 General. tions in writing with the Hearing Clerk 202.23. Failure to request an oral hearing suggesting corrected findings of fact, § 202.19—3 Order o f proceeding. within the time allowed for the filing of conclusions, or order. A party may file a Except as may be determined other­ the answer shall constitute a waiver of brief in support of any exceptions or such hearing. Except as provided in wise by the Examiner, the moving party objections which he may file. A party, if shall proceed first at the hearing. § 202.18, upon such failure to request an he files exceptions, shall state in writing oral hearing, or upon express waiver of whether he desires to make an oral ar­ § 202.19—4 Evidence. such hearing, by the parties, the parties gument thereon before the Secretary in (a) General. The testimony of wit­ shall have a period of 20 days from the the manner provided in § 202.23; other­ nesses at the hearing shall be upon oath final date for filing the answer in which wise he shall be deemed to have waived or affirmation and subject to cross-ex­ to file sworn statements or affidavits in such oral argument. amination. Any ■witness may, in the dis­ support of their respective positions. cretion of the Examiner, be examined § 202.18—3 Final order. Within a reasonable time thereafter, the separately and apart from all other wit­ Examiner shall issue Ms report which As soon as practicable after the expi­ nesses except those who may be parties shall be served upon the parties in the ration of the period for filing exceptions to the proceeding. The Examiner shall manner provided in § 202.27: Provided, and briefs, or, in case oral argument is admit all relevant and material evidence, however, That if such sworn statements had, as soon as practicable thereafter, except evidence which is unduly or affidavits raise any material issue of the Secretary shall issue his final deci­ repetitious. fact, the Examiner may afford the parties sion and order, including his ruling on (b) Objections. I f a party objects to an opportunity to submit sworn state­ any exceptions filed by the parties. The the admission or rejection of any evi­ ments or affidavits in reply or supple­ decision and order shall be served upon dence or the limitation of the scope of mental thereto or he may set the matter the parties in the manner provided in any examination or cross-examination, down for an oral hearing with respect § 202.27. he shall state briefly the grounds for such to such material issues of fact. In the § 202.19 Procedure upon request for an objection, whereupon an automatic ex­ event the matter is set down for oral oral hearing. ception will follow if the objection is hearing, the rules in § 202.19 shall be overruled by the Examiner. The trans­ applicable. § 202.19—1 Time and place of hearing. script shall not include argument or § 202.17—2 Exceptions to Examiner’s I f and when the proceeding has debate thereon except as ordered by the report. reached the stage where an oral hearing Examiner. The ruling of the Examiner is to be held, the Examiner, giving care­ on any objection shall be a part of the WitMn 20 days after service of the ful consideration to the convenience of transcript. Only objections made before Examiner’s report, the parties may take the parties, shall set a time and place of the Examiner may be subsequently reliea exception to any matter set out in such hearing and shall file with the Hearing upon in the proceeding; report, and in such case shall file excep­ Clerk a notice stating the time and place (c) Depositions. The deposition of any tions in writing with the Hearing Clerk of hearing. If any change in the time or witness shall be admitted in the marine suggesting corrected findings of fact, place of the hearing is made, the Exam­ provided in and subject to the provision conclusions, or order. A party may file a iner shall file with the Hearing Clerk a of § 202.20.

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 PROPOSED RULE MAKING 4737

(d) Records of the Department. A true § 202.19—6 Proposed findings o f fact, of the examination, which should be at copy of every written entry in the records conclusions, and order. least 15 days after the.date of the mailing of the Department made by an officer or Within such time as the Examiner of the application; and (4) the reasons employee thereof in the course of his may prescribe, each party may file with why such deposition should be taken. official duty and relevant and material to the Hearing Clerk proposed findings of (b) Examiner’s order for taking depo­ the issues involved in the hearing, shall fact, conclusions, and order, based solely sition. I f the Examiner is satisfied that be admissible as prima facie evidence of on the record, and a brief in support good cause for taking the deposition is the facts stated therein, without the pro­ thereof. A copy of each such document present, he may order its taking. The duction of such officer or employee. filed by a party shall be served upon the order shall be filed with the Hearing (e) Exhibits. Except where the Ex­ other party or parties in the manner Clerk and shall be served upon the parties aminer finds that the furnishing of provided in § 202.27. and shall state: (1) The time and place of examination (which shall not be less copies is impracticable, copies of each § 202.19—7 Examiner’s report. exhibit, in addition to the original, shall than 10 days after the filing of the be filed with the Examiner for the use of The Examiner, within a reasonable order); (2) the name of the officer before the other parties to the proceeding. A time after the termination of the period whom the examination is to be made; true copy of an exhibit may, in the dis­ allowed to the parties for the filing of (3) the name of the deponent. The officer cretion of the Examiner, be substituted proposed findings of fact, conclusions, and the time and place need not be the for the original. and orders, and briefs in support thereof, same as those suggested in the appli­ (f) Official notice. Official notice may shall prepare on the basis of the record cation. and shall file with the Hearing Clerk, his be taken of the official publications of the (c) Qualifications of officer. The depo­ report, a copy of which shall be served Department and other Federal agencies, sition shall be made before the Examiner, upon each of the parties in the manner of such matters as are judicially noticed or before an officer authorized by the law provided in § 202.27. in the courts of the United States, and of of the United States or by the law of the any other matter of technical or scientific § 202.19—8 Exceptions; objections; re­ place of the examination to administer fact of established character: Provided, quests for oral argument. oaths, or before an officer authorized by That the parties shall be given adequate (a) Within 20 days after service of the the Secretary to administer oaths. No notice, at the hearing or by reference in Examiner’s report, the parties may take deposition shall be made before an officer the Examiner’s report or otherwise, of exception to any matter set out in such who is a relative (within the third de­ matters so noticed, and shall be given report, and in such case shall file ex­ gree by blood or marriage), employee, adequate opportunity to show that such ceptions in writing with the Hearing attorney, or counsel of any party or who facts are erroneously noticed. Clerk, referring to the relevant pages of is a relative (within the third degree by (g) Offer of proof. Whenever evidence the transcript, and suggesting corrected blood or marriage) or employee of any attorney or. counsel for any party or who is excluded from the record, the party findings of fact, conclusions, or order. offering such evidence may make an offer Within the same period of time, each is financially interested in the result of the proceeding: Provided, however, That of proof, which shall be included in the party shall file with the Hearing Clerk a an officer who is an employee of the transcript. The offer of proof for ex­ brief statement in writing concerning cluded oral testimony shall consist of a each of the objections taken to the ac­ Department and is not a relative of any such party, attorney, or counsel may take brief statement describing the nature of tion of the Examiner at the hearing, as depositions in any proceeding under the the evidence excluded. I f the evidence set out in § 202.19-4(b), upon which the act. consists of an exhibit, it shall be inserted party wishes to rely, referring where (d) Procedure on examination. The in the record in tobo. In the event the relevant, to the pages of the transcript. deponent shall be examined under oath Secretary decides that the Examiner’s A party may file a brief in support of any or affirmation and shall be subject to ruling in excluding the evidence was er­ exceptions or objections which he may cross-examination. The testimony of the roneous and prejudicial, the hearing shall file. deponent shall be recorded by the officer bo reopened to permit the taking of such (b) A party, if he files exceptions or a evidence. or by some person under his direction statement of objections, shall state in and in his presence. In lieu of oral cross- § 202.19—5 Transcripts. writing, whether he desires to make an examination, parties may transmit writ­ oral argument thereon before the Secre­ (a) Filing and certification. Oral hear-' ten cross-interrogatories to the officer tary; otherwise, he shall be deemed to prior to the examination and the officer ings shall be stenographically reported have waived such oral argument. shall propound such cross-interroga­ and transcribed. As soon as practicable after the close of the hearing, the Ex­ § 202.19—9 Final order. tories to the deponent. The applicant must arrange for the aminer shall transmit to the Hearing As soon as practicable after the expi­ examination of the witness either by oral Clerk an original and two copies of the ration of the period for filing exceptions, examination or by written interroga­ transcript of testimony and the original objections, and briefs, or, in case oral tories. I f it is found by the Examiner, and copies of exhibits introduced in argument is had, as soon as practicable upon the protest of a party to the pro­ evidence at the hearing. He shall at­ thereafter, the Secretary shall issue his ceeding, that such party has his resi­ tach to the original transcript of the final decision and order, including his dence and his place of business more evidence a certification stating that ruling on any exceptions or objections than 100 miles from the place of the ex­ the transcript is a true transcript of the filed by the parties. The decision and amination and that it would constitute testimony offered or received at the order shall be served upon the parties in hearing’ except in such particulars as he -the manner provided in § 202.27. an undue hardship upon such party to be shall specify, and that the exhibits represented at the examination, the ap­ § 202.20 Depositions. plicant will be required to conduct the transmitted are all the exhibits intro­ duced at the hearing, with such excep­ (a) Application for taking deposition. examination by means of interrogatories. When the examination is conducted by tions as he shall specify. A copy of such Upon the application of a party to the means of interrogatories, copies of the certificate shall be attached to each of proceeding, the Examiner may, at any interrogatories shall be served upon the the copies of the transcript of evidence. time after the filing of the moving paper, order, under the facsimile signature of other parties to the proceeding at least (b) Ordering copies. Parties to the the Secretary, the taking of testimony 5 days prior to the date set for the exam­ proceeding or other persons who desire by deposition. The application shall be in ination, and the other parties shall be a copy of the transcript of the hearing writing and shall be filed with the Hear­ afforded an opportunity to file with the hiay place orders at the close of the ing Clerk and shall set forth: (1) The officer cross-interrogatories at any time faring with the reporter who will fur­ name and address of the proposed prior to the time of the examination. nish and deliver such copies directly to deponent; (2) the name and address of (e) Signature by witness. The tran­ e purchaser upon payment therefor at the person (referred to in this section as script of the deposition shall be read to the “officer” ), qualified under the rules or by the deponent, unless such reading tne rate per page provided by the con- in this part to take depositions, before is waived by the parties and the depo­ ract between the reporter and the whom the proposed examination is to be nent. Any changes which the deponent Purchaser. made; (3) the proposed time and place wishes to make shall be entered upon the

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 4738 PROPOSED RULE MAKING deposition by the officer, with a state­ (c) Service of subpenas. Subpenasperson who is connected with the pro­ ment of the reasons given by the depo­ may be served (1) by a U.S. marshal or ceeding in an advocative or in an in­ nent for such changes. The deposition his deputy, or (2) by any other person vestigative capacity, or with any repre­ shall be signed by the deponent, unless who is not less than 18 years of age, or sentative of such person: Provided, That the parties by stipulation waive such (3) by registering or certifying and mail­ the Secretary may discuss the merits of signing, or unless the deponent is ill or ing a copy of the subpena addressed to the case with such a person if all parties cannot be found or refuses to sign. I f the the person to be served at his or its last to the proceeding, or their represent­ deponent does not sign, the officer shall known residence or principal place of atives, have been given an opportunity to sign and shall state on the record the business or residence. Proof of service be present. Any memorandum or other reason why the deponent did not sign. may be made by the return of service on communication addressed to the Sec­ In such case the deposition shall be as the subpena by the U.S. marshal or his retary, during the pendency of the pro­ valid as though signed by the deponent, deputy; or, if served by an individual ceeding, and relating to the merits there­ unless the Examiner finds that the reason other than a U.S. marshal or his deputy, of, by or on behalf of, any party shall be given by the deponent for his refusal to by an affidavit of such person stating regarded as argument made in the pro­ sign requires rejection of the deposition that he personally served a copy of the ceeding and shall be filed with the Hear­ in whole or in part. subpena upon the person named therein; ing Clerk. A copy thereof shall be served (f) Certification by officer. The officer or if service was by registered or certified upon the other party or parties in the shall certify on the deposition that the mail, by an affidavit made by the person manner provided in § 202.27, and oppor­ deponent was duly sworn by him and mailing the subpena that it was mailed tunity will be given the other party or that the deposition is a true record of as provided herein and by the signed re­ parties to file a reply thereto. the deponent’s testimony. He shall then turn post office receipt: Provided, That § 202.25 Petitions for reopening hear­ securely seal the deposition, together where the subpena is issued on behalf of ing; for rehearing or reargument of with two copies thereof, in an envelope the Secretary, the return receipt without proceeding; or for reconsideration of and mail the same by registered or cer­ an affidavit of mailing shall be sufficient order. proof of service. In making personal tified mail to the Hearing Clerk. § 202.25—1 Petition requisite. (g) Use of depositions. A deposition service, the person making service shall ordered and taken in accord with the leave a copy of the subpena with the (a) Filing: service. An application for provisions of this section, or in accord person subpenaed; the original, bearing reopening the hearing to take further with the provisions of the Rules of Civil or accompanied by the required proof of evidence, or for rehearing or reargument Procedure of the Courts of the United service, shall be returned to the official of the proceeding, or for reconsideration States, may be used in a proceeding un­ who issued the same. of the order, must be made by petition to the Secretary filed with the Hearing der the act if the Examiner finds that § 202.22 Fees o f witnesses. the evidence is otherwise admissible and Clerk. A copy thereof shall be served (1) that the witness is dead; or (2) that Witnesses summoned before the Ex­ upon the other party or parties in the the witness is at a greater distance than aminer or the Secretary shall be paid the manner provided in § 202.27. Every such 100 miles from the place of hearing, un­ same fees and mileage that are paid wit­ petition must state specifically the less it appears that the absence of the nesses in the courts of the United States, grounds relied upon. witness was procured by the party offer­ and witnesses whose depositions are (b) Petition to reopen hearing. A peti­ ing the deposition; or (3) that the wit­ taken, and the persons taken the same, tion to reopen a hearing to take further ness is unable to attend or testify shall be entitled to the same fees as are evidence may be filed at any time prior because of age, sickness, infirmity, or paid for like services in the courts of the to the issuance of the final order. Every imprisonment; or (4) that the party of­ United States. Fees shall be paid by the such petition shall state briefly the fering the deposition has endeavored but party at whose instance the witness ap­ nature and purpose of the evidence to be has been unable to procure the attend­ pears or the deposition is taken. adduced, shall show that such evidence ance of the witness by subpena; or (5) in § 202.23 Argument before Secretary. is not merely cumulative, and shall set forth a good reason why such evidence any event, upon application and notice § 202.23—1 Request for oral argument; that such exceptional circumstances waiver. was not adduced at the hearing. exist as to make it desirable, in the in­ (c) Petition to rehear or reargue pro­ terests of justice and with due regard to Unless a party has included in his ex­ ceeding, or to reconsider order. A petition the importance of presenting the testi­ ceptions or objections a request for oral to rehear of reargue the proceeding or to mony orally before the Examiner, to al­ argument or has filed a separate request reconsider the order shall be filed within low the deposition to be used. I f any part for argument prior to the expiration of 15 days after the date of the service of of a deposition is put in evidence by a the last date for filing such exceptions or the order. Every such petition must state party, any other party may require the objections, he shall be deemed to have specifically the matters claimed to have production of the remainder, or any waived his right to such oral argument. been erroneously decided and alleged other portion, of the deposition. § 202.23-2 Briefs. errors must be briefly stated. § 202.21 Subpenas. The parties may, with the consent of § 202.25—2 Procedure for disposition of (a) Issuance of subpenas. The attend­ the Secretary, file written briefs either petitions. ance of witnesses and the production of in addition to oral argument or in lieu Within 20 days following the service thereof. documentary evidence from any place in of any petition provided for in this the United States on behalf of any party § 202.23—3 Scope of argument. § 202.25, the other party or parties to the to the proceeding may, by subpena, be Except where the Secretary determines proceeding shall file with the Hearing required at any designated place of hear­ that argument on additional issues would Clerk an answer thereto. As soon as ing. Subpenas may be issued by the Sec­ be helpful, argument, whether oral or practicable thereafter, the Secretary retary or by the Examiner, under the fac­ on brief, shall be limited to the issues shall announce his decision whether to simile signature of the Secretary, upon raised by the exceptions and statement grant or to deny the petition. Unless the a reasonable showing by the applicant of objections. If the Secretary deter­ Secretary shall determine otherwise, op­ of the grounds,- necessity, and reasonable mines that additional issues should be eration of the order shall not be stayed scope thereof. argued, counsel for the parties shall be pending the decision to grant or to deny (b) Application for subpena duces given reasonable notice of such deter­ the petition. In the event that any sucn tecum. Subpenas for the production of mination, so as to permit preparation of petition is granted by the Secretary, the documentary evidence, unless issued by adequate argument on all the issues to be applicable rules of practice, as set out the Examiner upon his own motion, shall argued. elsewhere herein, shall be followed, a be issued only upon a verified written ap­ person filing a petition under this section plication. Such application shall specify, § 202.24 Ex-parte discussion. shall be regarded as the moving party o^ as exactly as possible, the documents de­ At no stage of the proceeding between complainant, although he shall be re­ sired and shall show their competency, its institution and the issuance of the ferred to as the complainant or respond­ relevancy, and materiality and the ne­ order shall the Secretary discuss ex parte ent, depending upon his designation m cessity for their production. the merits of the proceeding with any the original proceeding.

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970 PROPOSED RULE MAKING 4739

§ 202.26 Filing documents. Subpart C— Rules Applicable to Other issuing a press release containing any All documents or papers required or Proceedings information pertinent to the issuance of authorized to be filed, except as pro­ the judgment by the court or to the is­ § 202.40 Proceedings prior to reporting suance of the cease and desist order, or vided otherwise in the rules in this Part, for criminal prosecution. shall be filed with the Hearing Clerk in by such other media as the Adminis­ triplicate: Provided, That, where there The Director shall, before any viola­ trator of the Consumer and Marketing are more than two parties to the pro­ tion of this act is reported to any U.S. Service may designate from time to time. ceeding, a sufficient number of copies attorney for institution of a criminal § 202.43 Proceedings under section shall be filed so as to provide copies for proceeding, notify the person against 3 0 2 (a) to show cause why seed or service upon all parties to the proceeding. whom such proceeding is contemplated screenings should be admitted into that action is contemplated, inform him the United States. § 202.27 Service. regarding the facts involved, and afford When seed or screenings have been him an opportunity to present his views, Copies of all documents or papers, re­ refused admission into the United States either orally or in writing, with regard quired or authorized by the rules in this under the Act or the joint regulations to such contemplated proceeding. Notice Part to be served on any party to a pro­ promulgated thereunder, the consignee shall be served upon such person in the ceeding, shall be served by the Hearing of such seed or screenings may submit Examiner, Hearing Clerk, or by some manner provided in §202.27. If the person a request to the Director for a hearing other employee of the United States. desires to explain the transaction or in which he may show cause, if any he Except as is provided otherwise by the otherwise to present his views, he shall have, why such seed or screenings should rules in this Part, service shall be made file with the Director, within 20 days be admitted. Request for such hearing either (a) by delivering a copy of the after the service of the notice, an answer, shall be embodied in a writing signed document or paper to the individual to in duplicate, signed by him or by his at­ by the owner or consignee or by his at­ be served, or to a member of the part­ torney, or shall request, within the 20 torney or agent. The Director shall nership to be served, or to the president, days, an opportunity to express his views thereupon fix, and notify the owner or secretary, or other executive officer or orally. The request shall be embodied in consignee of, the time when and place any director of the corporation, orga­ a writing signed by the person or by his at which the hearing will be held. The nization, or association to be served, or attorney or agent. Such opportunity to hearing shall be conducted in an orderly to the attorney or agent of record of present his views orally shall be afforded and informal manner by the Director or such individual, partnership, corpora­ at a time and place to be designated by by a presiding officer duly designated tion, organization, or association; (b) by the Director and it shall be given within by him, and it shall be governed by such leaving a copy of the document or paper a time not to exceed 10 days after the rules of procedure as the presiding officer at the principal office or place of busi­ date of the filing of the request therefor. shall announce at the opening of the ness of such individual, partnership, § 202.41 Notice and hearing prior to hearing. The determination as to whether corporation, organization, or association, promulgation of rules and regula­ the seed or screenings may be admitted or of his or its attorney or agent of tions. into the United States shall be made by record; or (c) by registering or certify­ Prior to the promulgation of any rule the Administrator of the Consumer and ing and mailing a copy of the document Marketing Service, within a reasonable or paper, addressed to such individual, or regulation contemplated by section 402 of the Act (7 U.S.C. 1592), notice shall be time after the close of the hearing, and partnership, corporation, organization, the consignee of the seed or screenings given by publication in the F ederal R eg ­ or association, or to his or its attorney and the Secretary of the Treasury shall ist e r of intention to promulgate such or agent of record, at his or its last be duly notified as to such determination. known principal office or place of busi­ rule or regulation and of the time and ness. Proof of service hereunder shall place of a public hearing to be held with § 202.44 Proceedings under section be made by the affidavit of the person reference thereto. Such hearings shall be 3 0 5 (b ) to determine whether foreign who actually made the service : Provided, conducted by the Director or by such alfalfa or red clover seed is not That if the service is made by registered employee or employees of the Depart­ adapted for general agricultural use or certified mail, proof of service shall ment of Agriculture as may be designated in the United States. be made by the return post office re­ to preside thereat, except that hearings The public hearings which shall be ceipt. The affidavit or post office receipt with respect to rules or regulations con­ held from time to time for the purpose contemplated hereby shall be filed with templated by section 402(b) of the Act of determining whether seed of alfalfa the Hearing Clerk and the fact of filing relating to title III of the Act (Foreign or red clover from any foreign country thereof shall be noted in the record of Commerce), shall be conducted by the or region is not adapted for general the proceeding. Secretary of the Treasury and the Sec­ agricultural use in the United States retary of Agriculture, acting jointly or shall be conducted by the Director, or § 202.28 Compulation of time. separately, or by such employee or em­ by a presiding officer duly designated by Saturdays, Sundays, and holidays shall ployees of the Department of Agriculture him. Such hearings shall be conducted be included in computing the time or the Department of the Treasury as in an orderly and informal manner in allowed for the filing of any document may be designated to preside thereat. accordance with such procedure as the or paper: Provided, That, when such The presiding officer shall conduct the presiding officer shall announce at the time expires on a Saturday, Sunday, or hearing in an orderly and informal man­ opening of each hearing. The Adminis­ legal holiday, such period shall be ex­ ner, according to such procedure as he trator of the Consumer and Marketing tended to include the next following may announce at the commencement of Service shall, within a reasonable time business day. the hearing. Any rule or regulation pro­ after the close of the public hearing, mulgated under section 402 of the Act ■ § 202.29 Extension of time. shall become effective on the data fixed make and publish his determination as The time for the filing of any docu­ in the promulgation, which date shall be to whether the said seed is adapted for ment or paper required or authorized not less than 30 days after publication general agricultural use in the United under the rules in this part to be filed in the F ederal R e g ist e r . Any rule or reg­ States. Publication of the determination may be extended by the Examiner (be- ulation may be amended or revoked in shall be made in the F ederal R e g ist e r , lore the Examiner’s report is filed), or the same manner as is provided for its and through such other media as the said by the Secretary (after the Examiner’s promulgation. report is filed), if request for such ex­ Administrator may deem appropriate. tension of time is made prior to or on § 202.42 Publication of judgments and orders. Done at Washington, D.C., this 11th the final date allowed for such filing, day of March 1970. anu if in the judgment of the Examiner After judgment by a court, or the is­ °r the Secretary, as the case may be, suance of a cease and desist order, in any J o h n C. B l u m , alter notice to and consideration of the case or proceeding arising under this Act, Deputy Administrator, views of the other party, when practi- notice thereof shall be given by publica­ Regulatory Programs. j r le> there is good reason for the tion in Service and Regulatory An­ [F.R. Doc. 70-3135; Filed, Mar. 17, 1970; extension. nouncements of the Department, or by 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 53— WEDNESDAY, MARCH 18, 1970