FEDERAL REGISTER VOLUME 35 • NUMBER 9 Wednesday, January 14,1970 • Washington, D.C. Pages 453-521

Agencies in this issue— Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Coast Guard Commerce Department Consumer and Marketing Service Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Deposit Insurance Corporation Federal Maritime Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Geological Survey Housing and Urban Development Department Interstate Commerce Commission Land Management Bureau Securities and Exchange Commission Small Business Administration Social and Rehabilitation Service Veterans Administration Wage and Hour Division Detailed list of Contents appears inside. Announcing First 10-Year Cumulation

TABLES OF LAWS AFFECTED in Volumes 70-79 of the

UNITED STATES STATUTES AT LARGE

Lists all prior laws and other Federal in­ public laws enacted during the years 1956- struments which were amended, repealed, 1965.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

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r 'r 'n r 'n ■ V fiTSW D C f ’ItT 'IT D Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or 1 fiilliiln il ilFIlr 1 t i l on the day after an official Federal holiday), by the Office of the Federal Register, Nation Archives and Records Service, General Services Administration, Washington, D.C. 2040 , |j__ Phono 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 19 (49 Stat. 600, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, Tip* proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit checK money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . The regulatory material appearing herein is keyed to the Code o f F ederal R eg ul a tio n s, which is published, under 50 titles, pursua to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code o f F ederal R eg u latio ns is sold by the Superintend of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code o f F ederal R egulations. Contents

AGRICULTURE DEPARTMENT COMMERCE DEPARTMENT Notices See Consumer and Marketing See also Business and Defense Washington; vacating of with­ Services Administration. drawals of lands______608 Service. Hearings, etc.: Notices Ashland Oil & Refining Co. et al. ARMY DEPARTMENT Mission and organization______473 (2 documents)______489, 490 See Engineers Corps. Bowers Drilling Co. et al. (2 CONSUMER AND MARKETING documents)™ ______.___ 491, 502 BUSINESS AND DEFENSE SERVICE El Paso Natural Gas Co_____ 506 SERVICES ADMINISTRATION Glasscock Oil Co. et al______492 Rules and Regulations Missouri Edison Co. and Pan­ Notices Oranges, Valencia, grown in Ari­ handle Eastern Pipe Line Co 507 Decisions on applications for duty­ zona and California; handling. _ 457 Pan American Petroleum Corp. free entry of scientific ■ et al______504 articles: DEFENSE DEPARTMENT Perryman, W. C., et al______503 California Institute of Tech­ See Engineers Corps. Preston Oil Co. et al______494 nology______— ------471 Shell Oil Co. et al______495 Evanston Hospital, 111______471 ENGINEERS CORPS Sim Oil Co. et al______505 Health Research, Inc______472 Rules and Regulations Superior Oil Co______507 Massachusetts General Hos­ Fishing and hunting; Chesapeake Union. Oil Company of Cali­ pital ______™____ 472 Bay, Maryland and Virginia— 463 fornia et al______499 National Bureau of Standards_ 472 Flood" control; Trenton Dam and United Gas Pipe Line Co. and State University of New York_' 472 Swanson Lake, Nebr______463 Texas Eastern Transmission. University of California__ ,___ 473' Corp ______*___ 508 FEDERAL AVIATION CIVIL AERONAUTICS BOARD ADMINISTRATION FEDERAL RESERVE SYSTEM N otices' Rules and Regulations Rules and Regulations Inclusive tours by supplemental First at Orlando Corp.; approval air carriers, certain foreign air Restricted area; alteration------460 of acquisition of bank stock by carriers, and tour operators; bank holding company______477 definitions; correction______461 FEDERAL COMMUNICATIONS Seattle Trust and Savings Bank; Tariffs of certain certificated air­ COMMISSION approval of merger of banks __ 478 lines; trade agreements; cor­ Proposed Rule Making rection ______v 460 Land mobile radio services; sched­ FISH AND WILDLIFE SERVICE Proposed Rule Making ule for oral argument--______468 Rules and Regulations Charter trips and special services; Notices Certain national wildlife refuges; definitions______;______466 Hearings, etc.: public access, use, and recrea­ Notices National Broadcasting Co., Inc. tion: Hearings, etc.: (KNBC), and Voice of Los Delaware; Bombay Hook_____ 464 Alaska Airlines, Inc., and Con­ Angeles, Inc______- _____ 479 Maine; Moosehom (2 docu­ tinental Air Lines, Inc______474 Pacifica Foundation and Na­ ments)______463, 464 Fontana Aviation, Inc______474 tional Education Foundation, Massachusetts; Parker River._ 464 International Air Transport In c ______486 Pennsylvania; Erie______. . . 464 Association______475 Vermont; Missisquoi____ 464 Novo Corp. and estate of Ed­ FEDERAL DEPOSIT INSURANCE ward L. Richter______475 CORPORATION FOOD AND DRUG Overseas National Airways, Inc_ 475 Ozark Air Lines, Inc.______475 Rules and Regulations ADMINISTRATION Standard Airways, Inc______476 Increase in insurance coverage._ 459 Rules and Regulations Transamerica Corp. et al_____ 477 Pood additives; surface lubricants Western Air Lines, Inc., et al__ 477 FEDERAL-MARITIME used in manufacture of metallic articles______462 CIVIL SERVICE COMMISSION COMMISSION Notices Rules and Regulations Notices NYK Lines and Showa Shipping Radiopaque agents containing Excepted service: Co., Ltd.; agreement filed__ __ 478 neomycin sulfate; drugs for hu­ General Services Administra­ man Use; efficacy study Imple­ tion ______457 FEDERAL POWER COMMISSION mentation ______473 Post Office Department_____ 457 Rules and Regulations GEOLOGICAL SURVEY COAST GUARD Area rates for small producers in Permian Basin Area; increased Notices Rules and Regulations rate filings______461 Colorado; coal land classifica­ operation; Jamaica Proposed Rule Making tions ( 2documents)______470, 471 - y’ N Y— — — ------462 Form of escrow agreement___ __ 468 (Continued on next page) 455 456 CONTENTS

HEALTH, EDUCATION, AND LABOR DEPARTMENT SMALL BUSINESS WELFARE DEPARTMENT See Wage and Hour Division. ADMINISTRATION See Food and Drug Administra­ tion; Social and Rehabilitation LAND MANAGEMENT BUREAU Notices Service. Notices Star Capital Corp.; issuance of Opening of lands: small business investment com­ HOUSING AND URBAN Colorado ;______470 pany license.______479 DEVELOPMENT DEPARTMENT Oregon ______470 SOCIAL AND REHABILITATION Notices SECURITIES AND EXCHANGE Regional Administrator and Dep­ SERVICE uty Regional Administrator, COMMISSION Regions II, III, and V; designa­ Notices Rules and Regulations tion and authority delegation_ 474 Hearings, etc.: Child welfare services progfam; Pathe Industries, Inc______478 correction ______465 INTERIOR DEPARTMENT Ultra Jet Industries, Inc_____ 47$) See Fish and Wildlife Service; TRANSPORTATION DEPARTMENT Geological Survey; Land Man­ agement Bureau. See , Coast Guard; Federal Avia­ tion Administration. INTERSTATE COMMERCE COMMISSION VETERANS ADMINISTRATION Notices Rules and Regulations Fourth section application for Adjudication; approval of extra- relief ______j______508 schedular evaluations______463 Motor carriers: Alternate route deviation no­ tices (2 documents)------508, 509 WAGE AND HOUR DIVISION Applications and certain other Rules and Regulations proceedings ______512 Temporary authority applica­ Minimum wage rates in industries tions (2 documents)__ ___ 517, 519 in Virgin Islands; wage order— 461

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 18 CFR 33 CFR 213 (2 documents) 457 157 461 117 P roposed R u l e s: 206. 208. 7 CFR 250______— 468 457 908____ 21 CFR 38 CFR ______462 3— 12 CFR 121______306___ _ 460 29 CFR 45 CFR 308_____ 460 694 ______461 220. 328— 460 330— — 460 47 CFR 331_____ 460 P roposed R u l e s: 2______468 14 CFR 468 89______468 73------460 91______468 225—— ______460 93______378______461 P roposed R u l e s: 50 CFR 207______466 28 (6 documents)------— 463» 464

/ * 457

Rules and Regulations

(5 U.S.O. 3301, 3302, E.O. 10577, 3 CFR 1954- § 908.100 Definitions. Title 5— ADMINISTRATIVE 58 Comp., p. 218) * * * * * U nited S tates Civil S erv­ (g) Whenever a time of day Is spec­ PERSONNEL ice Co m m issio n, ified in this subpart, it shall mean local [ seal] J ames C. S pr y , Chapter I— Civil Service Commission time in effect at the headquarters of the Executive Assistant to committee in Los Angeles, Calif., except PART 213— EXCEPTED SERVICE the Commissioners. when specifically stated otherwise. [F.R. Doc. 70-554; Filed, Jan. 13, 1970; § 908.101 [Amended] Post Office Department 8:50 a.m.] Section 213.3111 is amended to show 2. The provisions of § 908.101 Com­ that temporary positions at PFS-4 and munications following the colon are below involving employment for no more amended to read as follows: than 20 working hours a week are ex­ Title 7— AGRICULTURE Valencia Orange Administrative Commit­ cepted under Schedule A when occupied tee, 117 West Ninth Street, Room 913, Los by youths enrolled in a pilot* Postal Acad­ Chapter IX— Consumer and Market­ Angeles, Calif. 90015. emy Program. Employment under this ing Service (Marketing Agreements 3. The provisions of subparagraphs authority may not exceed 24 months and and Orders; Fruits, Vegetables, (2) and (3) of paragraph (a) of § 908.102 no new appointments may be made after Nuts), Department of Agriculture Nomination procedure are amended to December 31, 1971. Effective on publica­ read as follows: tion in the F ederal R egister, subpara­ PART 908— VALENCIA ORANGES graph (15) is added to paragraph (a) of GROWN IN ARIZONA AND DESIG­ § 908.102 Nomination procedure. § 213.3111 as set out below. NATED PART OF CALIFORNIA (a) * * * § 213.3111 Post Office Department. (2) All cooperative marketing organi­ Subpart— Rules and Regulations (a) General. * * * zations which are not qualified to nomi­ M iscellaneous A mendments nate members and alternate members (15) Temporary positions at PFS-4 pursuant to § 908.22(b), or the growers and below involving employment for no Notices were published in the F ederal affiliated therewith, shall nominate mem­ more than 20 hours a week, when filled R egister issues of July 23, August 7, and bers and alternate members as provided by youths enrolled in a pilot Postal Acad­ December 17, 1969 (34 F.R. 12182, 12833, in § 908.22(c). The vote of each such emy Program. An appointment under 19767), that the Department was giving organization shall be weighted, as pro­ this authority may not exceed 24 months. consideration to a proposed amendment vided in § 908.22(e), by the quantity of No new appointments may be made of the rules and regulations (Subpart— oranges which it handled during the under the authority after December 31, Rules and Regulations 7 CFR 908.100 marketing year in which the nominations 1971. et seq.), currently in effect pursuant to . r are made. ***** the applicable provisions of the market­ (3) Not less than seven meetings shall (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954r- ing agreement, as amended, and Order be held at such times and places 58 Comp., p. 218) No. 908, as amended (7 CFR Part 908), throughout the production area as may regulating the handling of Valencia U nited S tates Civil S erv­ be designated by the agent of the Sec­ oranges grown in Arizona and desig­ retary, at which growers who are not ice Com m ission, nated part of California, effective under, [seal] J ames C. S pr y , members of, or affiliated with, the orga­ the applicable provisions of the Agricul­ nizations included under subparagraphs Executive Assistant to tural Marketing Agreemént Act of 1937, the Commissioners. (1) and (2) of this paragraph may vote. as amended (7 U.S.C. 601-674). Amend­ At each such meeting, the growers pres­ [P.R. Doc. 70-553; Filed, Jan. 13, 1970; ment was proposed by the Valencia ent shall nominate members and alter­ 8:50 a.m.] Orange Administrative Committee, es­ nate members as provided in § 908.22(d). tablished pursuant to the amended mar­ keting agreement and order as the The number of ballots to be cast in PART 213— EXCEPTED SERVICE selecting the nominees at any such meet­ agency to administer the provisions ing shall be determined at that meet­ General Services Administration thereof. After consideration of all relevant ing. All growers voting at any such meet­ Section 213.3337 is amended to show ing shall submit their names and ad­ matter presented, including that in the dresses to the agent of the Secretary. that one position of Executive Assistant notices, the recommendations, consid­ to the Assistant Administrator and one erations, and information submitted * * * * * Position of Confidential Assistant to the with respect thereto, and other available § 908.103 [Deleted] information, it is hereby found that 4. Section 908.103 is deleted. General Counsel are excepted under amendment, as hereinafter set forth, of Schedule C. Effective on publication in said rules and regulations is in accord­ § 908.108 [Redesignated] the F ederal . R egister, subparagraphs ance with 8&id amended marketing 5. Section 908.110 is redesignated as GO) and3 (11) are added to para­ agreement and order and will tend to § 908.108. graph (a) of 1 213.3337 as set out* below. effectuate the declared policy of the act 6. A new § 908.110 Equity of market­ in that it will facilitate more efficient ing opportunity is added to read as fol­ § 213.3337 General Services Administra­ handling of Valencia oranges and con­ lows: tion. tribute to more effective operations un­ (a) Office of the Administrator. * * * der said marketing agreement and order. § 908.110 Equity of marketing oppor­ (10) One Executive Assistant to the Therefore, said rules and regulations tunity. ' Assistant Administrator. (Subpart—Rules and Regulations, 7 Equity of marketing opportunity be­ CFR 908.100 et seq.) are hereby amended tween prorate districts shall be afforded (11) One Confidential Assistant to the as follows: General Counsel. by the following procedure: 1. A new paragraph (g) is added to (a) The committee shall establish an * ^ * . * * * s § 908.100 Definitions to read as follows: equity factor which is the same for all

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 458 RULES AND REGULATIONS prorate districts. The equity factor phall corresponding changes in the weekly (2) Except as otherwise provided in be stated as a percentage of the tree shipping schedules for all districts or (2) subparagraph (4) (iii) of this paragraph, crop in each district and shall reflect a adjust the schedules for all districts by the committee shall consider offers to quantity of oranges (grown in each dis­ adding thereto the difference between the loan and requests to borrow received trict) for which there will be equitable aggregate quantity of oranges listed on prior to 12 m. Monday separately from marketing opportunity -under volume the weekly shipping schedule of each dis­ offers and requests received thereafter regulation during the ensiling season. trict during all of the preceding weeks during the week. (b) At the marketing policy meeting and the sum of the aggregate quantity of (3) Each handler offering allotment for each prorate district, the committee oranges fixed by the Secretary for han­ for loan shall specify at least two pay­ shall formulate a weekly shipping sched­ dling under general maturity, early ma­ back dates. To receive a loan of any such, ule for the ensuing season reflecting, turity, and freeze damage allotments allotment, or portion thereof offered, the insofar as practicable, the desire of during such preceding weeks of regula­ payback date specified by the requesting grQwers and handlers of oranges within tion in each of the respective districts handler must be the same as one of the the district as to the quantity of oranges plus the aggregate quantity of oranges repayment dates specified by the offer­ grown in that district to be shipped un­ that were handled in each district when ing handler. der volume regulation each week. The no such regulation was in effect. Adjust­ (4) Loan offers and requests received quantity of oranges on such schedules ments in the weekly shipping schedules by the committee prior to 12 m. Monday shall be computed by application of the for each of the prorate districts may be shall be applied first to the arrangement equity factor to the tree crop of the made by adding weeks to or deleting of loans between handlers within the district. The seasonal periods covered by weeks from the schedule and, if deemed same prorate district in* accordance with such schedules shall be determined by advisable, by proportionate modification the following provisions: the committee. Prior to any marketing of the desired shipments shown thereon (i) If requests from handlers, in a policy meeting for a prorate district the for the remaining weeks of the season prorate district, for general maturity committee may consult with such or any portion thereof . allotment exceed the quantity offered by growers and handlers regarding formu­ (g) The committee shall calulate each handlers in that district, the quantity lation of such schedule.. season as soon as it is feasible, an esti­ offered shall be apportioned to each bor­ (c) Following the marketing policy mated percentage of the total tree rowing handler so that the amount he meetings for all districts, the committee crop in the production area which, in the receives bears the same ratio to the total may review and make equitable modifica­ judgment of the committee will be han­ amount received by all borrowing han­ tions as it deems advisable in the equity dled under volume regulation and pre­ dlers as the amount of his tree crop bears factor and weekly shipping schedules. pare a schedule of estimated weekly to the total tree crop of all borrowing (d) The committee shall combine into shipments based thereon, taking into ac­ handlers. If the quantity of general ma­ a weekly total the quantities of oranges count the purposes of the act. Such per­ turity allotment offered in any prorate that growers and handlers in each dis­ centage and schedule shall be used as district exceeds the quantity requested in trict desire to handle each week, as the reference for determining adjust­ that district, the same proportion of each shown on the weekly shipping schedules. ments in the prorjate base of handlers, offering handler’s allotment shall be The weekly quantity shown on the ap­ for granting short-life allotment, and loaned; and any surplus general maturity plicable schedule for a district shall be for matters wherein it is necessary to allotment from such prorate district converted into a percentage of the said ’ consider utilization of the crop within a shall be apportioned, as aforesaid, to fill weekly total. This percentage shall be district. requests from borrowing handlers in all known as the percentage allocation to other prorate districts."^ such district. 7. The provisions of § 908.111 Allot-, merit loans are revised to read as follows: (ii) If requests from handlers, in a (e) Insofar as practicable, the com­ prorate district, for short-life allotment mittee' shall base its recommendation §908.111 Allotment loans. exceed the quantity offered by handlers each week (pursuant to § 908.51(a)) to (a) Loans arranged by handlers. in that district, the quantity offered shall the Secretary, as to the respective quan­ Loans arranged by handlers shall be sub*, be equitably apportioned to each borrow­ tities of oranges that should be handled ject to the following: ing handler so that the amount he re­ in the prorate districts, upon the per­ ceives bears the same ratio to the total centage allocations for such districts for (1) Payback date. Each allotment loan amount received by all borrowing han­ such week except when allotments are agreement entered into by a handler must provide for a definite payback date dlers as his tree crop bears to the total granted on the basis of the requests of specified by the lender. Each loan agree­ tree crop of all borrowing handlers. If handlers of early maturity oranges pur­ ment entered into by a handler to whom the quantity of short-life allotment of­ suant to § 908.60 or the requests of han­ short life allotments have been issued fered in a prorate district exceeds the dlers for freeze damage allotments shall provide for the repayment of the quantity requested in that district, the pursuant to § 908.61a. loan during the time the borrowing han­ same proportion of each lending han­ (f ) The committee shall make such ad­ dler will be issued allotment. dler’s allotment shall be loaned. justments as it deems advisable in the (iii) Such loan offers and requests may equity factor, the weekly shipping sched­ (2) Ability to repay. Allotment loan be modified or withdrawn any time prior ules, and the percentage allocations to transactions shall be limited to the bor­ to 12 m. Monday, after which time the prorate districts, so as to reflect changing rowing handler’s calculated ability to committee shall arrange allotment loans crop or market conditions. Any such ad­ make repayment whenever the payback on the basis of the offers and requests, justment in the weekly shipping schedule date falls within the scheduled shipping including modifications thereof, then for a prorate district shall be based on period of the borrowing handler. pending without further action by the the tree crop of handlers in the district (3) Confirmation. All allotment loans handlers involved. Loan offers and re­ who are on the prorate base at the time made on Saturday shall be confirmed as quests not fully utilized in such allotment of adjustment and on the tree crop of all required by § 908.57 but not later than loan arrangements may be modified or handlers in the district who received 4:30 p.m. on the following Monday. withdrawn. short-life allotment. Appropriate adjust­ (b) Loans arranged by the committee. (5) Offers to loan allotment received ments shall be made in the schedules and The committee shall arrange loans for by the committee at, or subsequent to, percentage* allocations as soon as possible handlers subject to paragraph (a) (1) 12 m. Monday shall be applied first to after a change in the estimated tree crop and (2) of this section and, to the extent the arrangement of loans to handlers of any prorate district. Whenever a pro­ practicable, in accordance with the within the same prorate district whose rate district nears theend of the shipping following; requests were received prior to such time, schedule for that district and the com­ (1) The committee shall give priority,but had not been completely filled. Any mittee ascertains that oranges (grown in in arranging loans, to those offers which remaining allotment shall then be ap­ that district) remain for handling under have a specific payback date within the plied to the arrangement of loans to volume regulation, the committee may current scheduled shipping period of bor­ handlers within that district to fill any (1) adjust the equity factor upward with rowing handlers. requests as thereafter received. Allotment

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 RULES AND REGULATIONS 459 loan offers received from handlers in a neither used nor loaned to another han­ granted. Whenever the total amount ap­ prorate district at, or subsequent to, 12 m. dler shall be app lied to reduce overship­ plied for exceeds the total amount of Monday and for which there are no re­ ments of handlers as provided in § 908.55 freeze damage allotment the committee quests by handlers in that district, may unless the forfeiting handler made a bona deems should be granted in the district, be applied by the committee to the ar­ fide and timely offer to the committee to the request of each handler in such dis­ rangement of loans to fill requests from lend his undershipment. An offer shall trict shall be granted in the same pro­ handlers in other prorate districts. If the be considered bona fide and timely if such portion as the handler’s tree crop bears total allotment offered for loan in the offer (1) was received in the office of the to the total tree crop of requesting han­ same prorate district exceeds total re­ committee by 12 m. Monday, or the next dlers in that district, but not In excess quests in such district, the same propor­ following business day if Monday is a of the amount requested, and any allot­ tion of each lending handler’s allotment legal holiday, and (2) contained at least ment then remaining shall be granted in shall be loaned. If the quantity of allot­ two alternative payback dates. All short successive increments, as necessary to ment requested by handlers in a prorate life allotment that is forfeited shall be handlers filing requests, in proportion to district exceeds the quantity offered, the applied to reduce overshipments of han­ the tree crop controlled by each, but not quantity each borrowing handler receives dlers as provided in § 908.55. in excess of the amount requested. shall bear the same ratio to the total (b) If the forfeiture of allotment in a (e) Any handler to whom freeze dam­ amount received by all borrowing han­ prorate district exceeds that required age allotment is issued may transfer such dlers as his tree crop bears to the total to offset overshipments in such district allotment, or portion thereof, to another tree crop of all borrowing handlers. and overshipments exceed forfeitures in such handler in the same prorate dis­ (i) Offers to loan, and request to bor­other districts, the surplus forfeiture trict; and such handlers shall notify the row, allotment received at, or subse­ credit shall be allocated, as provided in comniittee of such transfer on or before quent to, 12 m. Monday may be modified § 908.55, to the handlers in the deficit 12 m. Friday, or the following business or withdrawn: Provided, That allotment districts in proportion to their permissi­ day if Friday is a legal holiday, of the loan arrangements with respect to such ble overshipments. week following the one for which such offered allotment have not been com­ 10. A new § 908.117 Freeze damageallotment was issued. Such notification pleted by the Committee. allotments is added to read as follows: shall show names of the parties, the (6) Offers to loan, and requests for, amount of the allotment transferred, and allotment may be made in person, by § 908.117 Freeze damage allotments. the week thereof. telephone, or telegram, or In writing. (a) At least 6 days before any meet­ (f) Any handler to whom freeze dam­ Immediately after completing arrange­ ing held by the committee to consider age allotment is issued and who desires ments for a loan, the committee shall the quantity of allotments to be Issued transfer of freeze damage allotment from confirm the terms thereof by m ailin g in any one or more prorate districts or to other such handlers within an­ VOAC Form 6 Confirmation of Allotment pursuant to § 908.61a, the committee other prorate district shall so notify the Loan to the handlers involved. shall mail written notice to handlers in committee in person, by telephone, or (c) Whenever any Monday hereinsuch districts of its intention advising telegram, or in writing by 12 m. Wednes­ specified falls on a legal holiday, the next handlers that applications for such allot­ day of the week for which the allotment following business day shall be appli­ ments shall be filed with the committee was issued, or by 12 m. of the preceding cable. as hereinafter provided. day if Wednesday is a legal holiday. The 8. Paragraph (a) and the second sen­ (b) Whenever freeze damage allot­ committee shall endeavor to effect a tence of paragraph (b) of § 908.114 ments are to be issued in a prorate dis­ transfer of allotment and shall confirm Short life allotments are revised to read trict pursuant to § 908.61a on the basis each such transfer to the handlers in­ as follows: of requests by handlers, the committee volved. In the event the total amount of § 908.114 Short life allotments. shall determine on the basis of all avail­ the allotment available for transfer is able information and after consideration less than the total amount requested, the (a) Qualification for short life allot­ of all of the factors enumerated in committee shall transfer the available ment. A handler shall be considered to § 908.51 (b), the extent to which freeze allotment to the requesting handlers have short life oranges when he has damage allotments should be granted in proportionately as provided in paragraph oranges which historically are known to such district. (d) of this section. lack keeping qualities which will permit h™ to handle, during the normal mar­ (c) Any handler who desires to re­ § 908.139 [Amended] keting period for the oranges grown in ceive freeze damage allotment shall re­ 11. In § 908.139 Conversion factors, the prorate district, the same proportion quest such allotment in person, or by “40” is deleted from the second sentence of his oranges as the average which will telephone, telegram, or by filing VOAC and “37 is inserted in lieu thereof. be handled by all handlers pursuant to Form 35 on or before 12 m. of the day 5 908.110(g). preceding the regular weekly meeting of Dated: January 8, 1970, to become (b) Application to he filed. * * * The the committee. Such requests may be effective 30 days after publication in the application shall contain the following made at any of the offices of the com­ F ederal R egister. information: Name and address of ap­ mittee. VOAC Form 35 shall contain (1) (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. plicant; location of each grove produc­ the name and address of the handler, 601-674) ing short life oranges; a record covering (2) the week for which the application P aul A. N icholson, me maximum years available, but not in is made, (3) the amount of freeze dam­ Deputy Director, Fruit and Vege­ excess of the 10 immediately preceding age allotment requested, and (4) the table Division, Consumer and years, showing the marketing period of signature of the handler or authorized Marketing Service. tne oranges covered by the application; a representative. All requests not made by [F.R. Doc. 70-448; Filed, Jan. 13, 1970; uggested shortened marketing season a properly completed VOAC Form 35 8:45 a.m.j snowing the final date when the short shall be confirmed by delivering to the committee at any of its offices, not later SSL,?in?ges covered by the application , . be marketed; and, a showing sat­ than the day preceding the committee’s isfactory to the committee why the or- regular weekly meeting, a properly com­ Title 12— BANKS AND BANKING ges covered by the application cannot pleted VOAC Form 35 or by mailing a Chapter III— Federal Deposit in«mar^e^ during the normal market- properly completed form to the commit­ tee not later than the day preceding the Insurance Corporation t w ,Pei 10<^ *or the applicable district committee’s regular weekly meeting. harfii » apPropriate adjustments in the INCREASE IN INSURANCE COVERAGE nanoiers packinghouse operations. (d) Whenever the total amount of i«j *** 5 908.116 Credit forfeitures freeze damage allotment the committee Effective December 23,1969, Parts 306, ls added to read as follows: determines should be granted to han­ 308, 328, 330, and 331 of the rules and § 908.116 Credit forfeitures. dlers within a prorate district equals or regulations of the Federal Deposit In­ is larger than the total amount applied surance Corporation (12 CFR Parts 306, e«rw«*®i'^le forfeiture of any handler’s for in such district, the full amount ap­ 308, 328, 330, and 331) are amended as al maturity allotment that was plied for in each application shall be follows:

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 460 RULES AND REGULATIONS -

PART 306— RECEIVERSHIPS AND 16. The second sentence of § 330.5 is By order of the Board of Directors. LIQUIDATIONS amended by deleting the figure “$15,000** and by inserting the figure “$20,000” in F ederal D eposit I nsur­ 1. The fifth sentence of § 306.2 to lieu thereof. ance Corporation, amended by deleting the figure “$15,000** 17. The first sentence of § 330.6 is [seal] E . F . D o w n ey , and by inserting the figure “$20,000” in amended by deleting the figure “$15,000** Secretary. lieu thereof. and by Inserting the figure “$20,000” in [F.R. Doc. 70-480; Filed, Jan. 13, 1970- 2. The sixth sentence of § 306.2 is lieu thereof. 8:47 a.m.] amended by deleting the figure “$15,000” 18. The second sentence of § 330.6 is and by inserting the figure “$20,000” in amended by deleting the figure “$15,000** lieu thereof. and by inserting the figure “$20,000” in 3. Footnote 1 to § 306.2 is amended by lieu thereof. Title 14— AERONAUTICS AND deleting the figure “$15,000” and by in­ 19. The first sentence of paragraph serting the figure “$20,000” in lieu (a) of § 330.8 is amended by deleting the thereof. figure “$15,000” and by inserting the SPACE figure “$20,000” in lieu thereof. Chapter I— Federal Aviation Adminis­ PART 308— RULES OF PRACTICE AND 20. The second sentence of paragraph tration, Department of Transportation (a) of § 330.8 is amended by deleting the [ Airspace Docket No. 69-CE-118] PROCEDURES figure “$15,000” and by inserting the 4. The third paragraph of the noticefigure “$20,000” in lieu thereof. PART 73— SPECIAL USÉ AIRSPACE of termination of insured status pre­ 21. The third sentence of paragraph scribed by § 308.26 is amended by delet­ (a) of § 330.8 is amended by deleting Alteration of Restricted Area ing the figure “$15,000” and by inserting the figure “$15,000” and by inserting On November 26,1969, a notice of pro­ the figure “$20,000” in lieu thereof. the figure “$20,000” in lieu thereof. posed rule making was published in the 22. Paragraph (b) of § 330.8 is F ederal R egister (34 F.R. 18867) stating amended by deleting the figure “$15,000” that the Federal Aviation Administra­ PART 328— ADVERTISEMENT OF and by inserting the figure ‘$20,000” in tion was considering an amendment to MEMBERSHIP lieu thereof. Part 73 of the Federal Aviation Regu­ 23. Paragraph (c) of § 330.9 is lations that would alter Restricted Area 5. The design of the official sign pre­ amended by deleting the figure “$15,000” scribed by § 328.1 is amended by delet­ R-4301 at Camp Ripley, Minn. and by inserting the figure “$20,000” in Interested persons were afforded an ing the figure “$15,000” and by insert­ lieu thereof. ing the figure “$20,000” in lieu thereof. opportunity to participate in the pro­ 24. Paragraph (d) of § 330.9 is posed rule making through the submis­ 6. Subparagraph (11) of paragraph amended by deleting the figure “$15,000” sion of comments. No comments were (c) of § 328.2 is amended by deleting the and by inserting the figure “$20,000” in received. figure “$15,000” and by inserting the lieu thereof. In consideration of the foregoing, Part figure “$20,000” in lieu thereof. 25. Paragraph (e) of § 330.9 is 73 of the Federal Aviation Regulations amended by deleting the figure “$15,000” is amended, effective upon publication in and by inserting the figure “$20,000” in the F ederal R egister, as hereinafter set PART 330— CLARIFICATION AND lieu thereof. DEFINITION OF DEPOSIT INSUR­ forth. 26. Section 330.10 is amended by delet­ Section 73.43 (35 F.R. 2335) is amended ANCE COVERAGE ing the figure “$15,000” and by inserting as follows: In R-4301 Camp Ripley, 7. Subparagraph (2) of paragraph (c) the figure “$20,000” in lieu thereof. Minn., the “Designated altitudes and of § 330.1 is amended by deleting the time of designation.” is amended to read: figure “$15,000” and by inserting the PART 331— INSURANCE OF TRUST “Surface to 27,000 feet MSL, May 1 figure “$20,000” in lieu thereof. through October 31; and surface to 14,500 FUNDS 8. The first sentence of § 330.2 is feet MSL, Saturday and Sunday, No­ amended by deleting the figure “$15,000” 27. Paragraph (d) of § 331.1 isvember 1 through April 30, and from and by inserting the figure “$20,000” in amended by deleting the figure “$15,000” 1200 G.m.t. January 27, 1970, through lieu thereof. and by inserting the figure “$20,000” in 2100 G.m.t. January 29, 1970.” 9. Paragraph (a) of § 330.2 is amended lieu thereof. (Sec. 307(a), Federal Aviation Act of 1958, by deleting the figure “$15,000” and by The Act of December 23, 1969 (83 49 U.S.C. 1348; sec. 6 (c), Department of inserting the figure “$20,000” in lieu Stat. 371), among other things, increased Transportation Act, 49 U.S.O. 1655(c)) thereof. the maximum amount of the insured Issued in Washington, D.C., on Jan­ 10. Paragraph (b) of § 330.2 is deposit of any depositor from $15,000 to uary 9,1970. amended by deleting the figure “$15,000” $20,000. The amendments to Parts 306, H . B. H elstrom, and by inserting the figure “$20,000” in 308,328,330, and 331 of the Corporation’s Chief, Airspace and Air lieu thereof. rules and regulations reflect the in­ Tra ffic Rules Division. 11. Paragraph (c) of § 330.2 is crease in the maximum amount of insur­ ance coverage. [F.R. Doc. 70-508; Filed, Jan. 13, 1970; amended by deleting the figure “$15,000” 8:50 am .] and by inserting the figure “$20,000” in Inasmuch as the Board of Directors lieu thereof. has found, pursuant to § 302.6 of the 12. Paragraph (a) of § 330.3 is Corporation's rules and regulations, that Chapter II— Civil Aeronautics Board the amendments to Parts 306, 308, 328, amended by deleting the figure “$15,000” SUBCHAPTER A— ECONOMIC REGULATIONS and by inserting the figure “$20,000” in 330, and 331 are editorial and not sub­ lieu thereof. stantive in nature and that notice, pub­ [Reg. ER-603] lic participation, and prior publication 13. Paragraph (b) of § 330.3 is are unnecessary and would serve no use­ PART 225— TARIFFS OF CERTAIN amended by deleting the figure “$15,000” CERTIFICATED AIRLINES; TRADE and by inserting the figure “$20,000” in ful purpose, the requirements of section 553 of title 5, United States Code, with AGREEMENTS lieu thereof. respect to notice, public participation, 14. Section 330.4 is amended by delet­ and deferred effective date were not Extension of Part for 2 Years ing the figure “$15,000” and by insert­ followed in connection f with this Correction ing the figure “$20,000” in lieu thereof. amendment. 15. The first sentence of § 330.5 is In F.R. Doc. 70-138, appearing at page amended by deleting the figure “$15,000” (Sec. 9, 64 Stat. 881; 12 U.S.C. 1819) 162, in the issue for Tuesday, January e, and by inserting the figure “$20,000” in Dated at Washington, D.C., this 8th 1970, in the first line, column 2, page lieu thereof. day of January 1970. the word “to” should read “in”.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 RULES AND REGULATIONS 461

SUBCHAPTER D—SPECIAL REGULATIONS spect to the matters presently before this and by means of Administrative Order [Reg. SPR-35] Commission through the submission, in No. 604 (34 F.R. 14656), the Secretary of writing, of data, views, comments and Labor appointed and convened Special PART 378— INCLUSIVE TOURS BY suggestions in the manner as described Industry Committee No. 12 for the SUPPLEMENTAL AIR CARRIERS, above are consistent and in accordance Virgin Islands, referred to the Committee CERTAIN FOREIGN AIR CARRIERS, with all procedural requirements there­ the question of the minimum rate or for as prescribed in 5 U.S.C. 553. rates of wages to be paid under section AND TOUR OPERATORS (2) The proposed amendment relieves 6 of the Act to employees in those indus­ Definitions a restriction; therefore compliance with tries in the Virgin Islands to which sec­ the effective date provisions of 5 UjS.C. tion 6 of the Fair Labor Standards Act Correction 553(d) is not required. applies solely by reason of the Fair Labor In F.R. Doc. 70-139, appearing at page (3) The amendment to § 157.40 of the Standards Amendments of 1966 with 163, in the issue for Tuesday, January 6, Commission’s regulations under the Nat­ certain specified exclusions, and gave 1970, the bracket should read as set forth ural Gas Act herein prescribed is neces­ notice of a hearing to be held by the above. sary and appropriate for the administra­ Committeei. tion of the Natural Gas Act. Subsequent to an investigation and a The Commission, acting pursuant to hearing conducted pursuant to the no­ the provisions of the Natural Gas Act, as tice, the Committee has filed with the Title 18— CONSERVATION OF amended, particularly sections 4, 5,7 and Administrator of the WHPC Divisions of 16 thereof (52 Stat. 822, 823, 824, 825, the Department of Labor a report con­ POWER AND WATER RESOURCES and 830 (1938); 56 Stat. 83, 84 (1942); taining its findings of fact and recom­ 61 Stat. 459 (1947) ; 76 Stat. 72 (1962) ; 15 mendations with respect to the matters Chapter I— Federal Power U.S.C. sec.'717c, 717d, 717f, and 717o) referred to it. Commission orders: Accordingly, as authorized and re­ [Docket No. R-374; Order 394] (A) Effective as of the date of issuance quired by section 8 of the Fair Labor of this order, § 157.40 of the Commis­ PART 157— APPLICATIONS FOR CER­ Standards Act of 1938, Reorganization sion’s regulations under the Natural Gas Plan No. 6 of 1950, and 29 CFR 511.18, TIFICATES OF PUBLIC CONVEN­ Act, Part 157, Subchapter E, Chapter I, the recommendations of Special Indus­ IENCE AND NECESSITY AND FOR Title 18 of the Codé of Federal Regula­ try Committee No. 12 for the Virgin ORDERS PERMITTING AND AP­ tions (18 CFR 157.40) is hereby amended Islands are hereby published, to be ef­ PROVING ABANDONMENT UNDER by adding a new paragraph (g) reading fective January 30, 1970, in. this order SECTION 7 OF THE NATURAL GAS as follows: amending section 694 of Title 29, Code ACT § 157.40 Small producer certificates of of Federal Regulations (34 F.R. 254), by public convenience and necessity. amending the present subparagraphs Area Rates for Small Producers in Per­ * * * * * (2), (3), and (4) of paragraph (b). As amended § 694.1 reads as follows: mian Basin Area; Increased Rate (g) Notwithstanding the provisions of Filings paragraph (b) of this section, a small § 694.1 Wage rates. J anuary 6, 1970. producer who is operating under a small * * * * * On November 4, 1969, the Commission producer certificate with respect to sales in the Permian Basin area may file un­ (b) * * * issued a notice of proposed rule making (2) Hotel arid motel classification, (i) in this proceeding (34 F.R. 18180, Nov. 13, der § 154.94(f) of this chapter an in­ 1969) proposing to amend § 157.40 of crease in rate in excess of the applicable The minimum wage for this classifica­ rate set forth in said paragraph (b) of tion is $1.15 an hour for the period end­ the Commission’s regulations under the ing January 31, 1970; $1.35 an hour for Natural Gas Act (52 Stat. 822, et seq., this section where contractually author­ as amended (1938); 15 U.S.C. sec. 717 ized to do so without making the rate the period beginning February 1, 1970, et seq.), Part 157, Subchapter E, schedule and certificate filings required and ending January 31, 1971; and $1.45 Chapter I, Title 18 of the Code of by §§ 154.91, 154.92, and 157.23 of the an hour thereafter. Federal Regulations (18 CFR 157.40) by Commission’s regulations under the Nat­ ** * * * * adding a new paragraph (g) thereto to ural Gas Act in this chapter. (3) Laundry and cleaning classifica­ permit small producers operating in the (B) The Secretary of the Commission tion. (i) The minimum wage for this Permian Basin Area under small pro­ shall cause prompt publication of tliis classification is $1.20 an hour for the ducer certificates, issued pursuant to order to be made in the F ederal period ending January 31, 1970, $1.35 an 5157.40(b), to file increased rates for R egister. hour for the period beginning Febru­ the sale of natural gas, if contractually ary 1, 1970 and ending January 31, 1971, authorized to do so, above the rate ceil­ By the Commission. and $1.45 an hour thereafter. ings set forth in § 157.40(b). [ seal] K enneth F . P lumb, * 4c * * ♦ Comments were invited from inter­ Acting Secretary. (4) Restaurant and food service clas­ ested persons to be submitted by Decem­ [F.R. Doc. 70-458; Filed, Jan. 13, 1970; sification. (i) The minimum wage for ber 19, 1969. In response to this notice, 8:45 a.m.] this classification is $1.25 an hour for the the Commission has received comments period ending January 31, 1970, $1.35 an from eleven parties1 which include one hour for the period beginning Febru­ association and ten small producers. No objections were raised to the pro­ Title 29— LABOR ary 1,1970 and ending January 31, 1971, posed revisions of the Commission’s and $1.45 an hour thereafter. regulations. Chapter V— Wage and Hour Division, 4e * * * * . The Commission finds: Department of Labor (Secs. 5, 6, 8, 52 Stat. 1062, 1064, as amended; .The notice and opportunity to 29 U.S.C. 205, 206, 208) participate in this proceeding with re- PART 694— MINIMUM WAGE RATES IN INDUSTRIES IN THE VIRGIN Signed at Washington, D.C., this 8th day of January 1969. Permian Basin Petroleum Association, ISLANDS ri , Herd, Herd Oil and Gas Co., Adobe R obert D. M oran, ï ^ ent CorP > Adobe OU Co., Ashmun Wage Order Administrator, Wage and Hour Wr.Hi1Uard’ McGrath and Smith, Inc., Red- Pursuant to sections 5 and 8 of the and Public Contracts Divi­ Development Corp., Redfern Oil Co., sions, U.S. Department of Estât» Enfield, French M. Robertson, Fair Labor Standards Act of 1938 (52 anrt J' A* Chapman deceased, Chapman Stat. 1062, 1064, as amended; 29 U.S.C. Labor. 205, 208) and Reorganization Plan No. 6 [F.R. Doc. 70-509; Filed, Jan. 13, 1970; of 1950 (3 CFR 1949-53 Comp., p. 1004), 8:50 a.m.j

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 No. 9------2 462 RULES AND REGULATIONS

jectionable and the grounds for the ob­ § 117.175 Jamaica Bay and connecting Title 21— FOOD AND DRUGS jections. If a hearing is requested, the waterways, New York. objections must state the issues for the ***** Chapter I— Food and Drug Adminis­ hearing. A hearing will be granted if the (b) City of New York highway bridges tration, Department of Health, Ed­ objections are supported by grounds across North Channel (Grassy Bay) at ucation, and Welfare legally sufficient to justify the relief Jamaica Bay Boulevard, and Shellbank sought. Objections may be accompanied Basin at Nolins Avenue: SUBCHAPTER B— FOOD AND FOOD PRODUCTS by a memorandum or brief in support (1) On Sundays, holidays, and be­ PART 121— FOOD ADDITIVES thereof. tween 6 p.m. and 6 a.m., the draws of Effective date : This order shall become this bridge shall not be required to open Subpart F— Food Additives Resulting effective on the date of its publication in for the passage of vessels. However, the From Contact With Containers or the F ederal R egister. draws shall be opened promptly at any Equipment and Food Additives (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. time for the passage of vessels owned, Otherwise Affecting Food 348(c)(1)) controlled, or employed by the United States or by the city of New York when S urface Lubricants U sed in M anufac­ Dated: January 5, 1970. operators are present, and when oper­ ture of M etallic Articles R. E. D uggan, ators are not required to be present the The Commissioner of Pood and Drugs, Acting Associate Commissioner draws shall be opened for the passage of having evaluated the data in a petition for Compliance. such vessels with the least possible delay (FAP 9B2385) filed by Ethyl Corp., Post upon receipt of verbal or written notice. [F.R. Doc. 70-463; Filed, Jan. 13, 1970; In addition, the draws shall be opened Office Box 341, Baton Rouge, La. 70821, 8:46 a.m.j and other relevant material, concludes for the passage of other vessels unable that § 121.2531 should be amended to to pass under a closed bridge on Sundays, provide for the safe use, within pre­ holidays, or between 6 p.m. and 6 a.m„ scribed limitations, of a synthetic alcohol Title 33— NAVIGATION AND if at least 24 hours’ advance notice of the mixture in surface lubricants used in the time the opening is required is given, by manufacture of metallic food-contact telephone or otherwise, to the author­ articles. Therefore, pursuant to the pro­ NAVIGABLE WATERS ized representative of the owner of or visions of the Federal Food, Drug, and Chapter I— Coast Guard74)epartment agency controlling the bridge. In addi­ tion to the posting of a copy of the regu­ Cosmetic Act (sec. 409(c)(1), 72 Stat. of Transportation 1786; 21 U.S.C. 348(c) (1)) and under au­ lations, required by paragraph (h) of this thority delegated to the Commissioner SUBCHÀPTER J— BRIDGES section, a notice shall be conspicuously (21 CFR 2.120), § 121.2531(a) (2) is [CGFR 69-131] posted on both the upstream and down­ amended by alphabetically inserting in stream sides of this bridge in such man­ the list of substances a new item, as PART 117— DRAWBRIDGE ner that it can be easily read at a!ny time follows: OPERATION REGULATIONS stating exactly how the authorized rep­ resentative may be reached. § 121.2531 Surface Lubricants used in Jamaica Bay, N.Y. (2) When two or more vessels are the manufacture of metallic articles. 1. The special operation regulations approaching from opposite directions * * * * * formerly in §§ 117.175(b) and 117.190(f) and intend to pass a bridge, each ves- (a) * * * (7) were revised in the F ederal R egister, _sel shall signal for the opening of the (2) * • • of April 9,* 1969 (34 F.R. 6280) as § 117.- draw as prescribed in paragraph (f) of this section. The vessel running with the List of substances Limitations 175 (b) and (c). This action was required to provide continuous access by naviga­ current shall have the right-of-way. At * * * * * * tion to parts of the Jamaica Bay area slack tide the vessel running in ebb cur­ Synthetic alcohol m ix - ______pending completion of the Cross Bay rent direction shall have the right-of- ture of straight- and Parkway bridge across Beach Channel, way. When vessels are approaching the branched-chain alco­ bridge from the same direction each ves­ hols that have even Jamaica. Bay which reduced the capabil­ numbers of carbon ity of this channel to accommodate sel shall signal independently for the atoms in the range larger vessels. opening of the draw and shall be navi­ C4-C 18 and that are pre­ 2. The new Jamaica Channel fixed gated in accordance with the applicable pared from ethylene, bridge is now completed and is in normal pilot rules. aluminum, and hydro­ use by vehicular traffic. The reason for (c) Jamaica Bay North Channel, New gen such that the York City Transit Authority bridge at finished synthetic alco­ the special operation regulations for the hol mixture contains drawbridges identified in § 117.175 (b) Hamilton Beach, Borough of Queens, not less than 75 per­ and (c) therefore no longer exists and New York, N.Y. At least 24 hours’ ad­ cent of straight-chain the special operation regulations in ef­ vance notice required, except -that the primary alcohols and fect before are reinstituted except with draw shall be opened promptly at any contains not less than respect to the city of New York Highway time for the passage of vessels owned, 85 percent total Cm and bridge across Hawtree Basin at Nolins controlled or employed by the United C12 alcohols. , Avenue which has been removed from States or by the City of New York, upon * * * * * * the waterway. Accordingly, it is found reasonable notice. * * * * * that it is unnecessary to comply with the * * * ♦ * Any person who will be adversely af­ provisions of the Administrative Proce­ (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) fected by the foregoing order may at any dure Act relating to proposed rule mak­ (2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. time within 30 days from the date of its ing, public procedure thereon and the 1655(g) (2); 49 CFR 1.4(a) (3) (v )) publication in the F ederal R egister file effective date requirements. The provi­ Effective date: This revision shall be­ with the Heairing Clerk, Department of sions formerly set forth in § 117.190 come effective on the date of publication Health, Education, and Welfare, Room (f) (7) relative to the New York City in the F ederal R egister. 5440, 330 Independence Avenue SW., Transit Authority bridge at Hamilton Washington, D.C. 20201, written objec­ Beach, Borough of Queens, New York, Dated: December 30, 1969. tions thereto, preferably in quintuplicate. are more appropriately r e t a i n e d P. E. T rimble, Objections shall show wherein the per­ in § 117.175(c) due to geographical Vice Admiral, U.S. Coast Guard, son filing will be adversely affected by proximity. Acting Commandant. the order and specify with particularity 3. Sections 117.175 (b) and (c), are [F.R. Doc. 70-496; Filed, Jan. 13, 1970; the provisions of the order deemed ob­ revised to read as follows: 8:49 a.m .]

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 RULES AND REGULATIONS 463

Chapter II— Corps of Engineers, De­ Trenton Dam and Swanson Lake, Nebr., § 3.321 General rating considerations. partment of the Army is hereby amended by revising para­ * * * * * graphs (a) and (b), effective upon pub­ (b) Exceptional cases. * * * lication in the F ederal R egister. As re­ PART 206— FISHING AND HUNTING (2) Pension. Where the evidence of REGULATIONS vised, the paragraphs read as follow: record establishes that an applicant for Chesapeake Bay, Maryland and § 208.38 Trenton Dam and Swanson pension who is basically eligible fails to Lake, Republican River, Hitchcock meet the disability requirements based Virginia County, Nebr. on the percentage standards of the rat­ Pursuant to the provisions of section * * * * ing schedule but is found to be unem­ 10 of the River and Harbor Act of March (a) The flood control storage capacity ployable by reason of his disability (s), 3, 1899 (3Q Stat. 1151; 33 U.S.C. 403), of the reservoir, which initially amounts age, occupational background and other § 206.50 governing the construction and to 133,790 acre-feet between elevations related factors, the following are author­ maintenance of fishing structures in 2,752.0 and 2,773.0, shall be regulated as ized to approve on an extra-schedular Chesapeake Bay, Maryland and Virginia, follows: basis a permanent and total disability and its navigable tributaries is hereby (1) For local flood control on the Re­ rating for pension purposes: The Chief amended with respect to paragraph (f) publican River from the dam to Harlan Benefits Director or the Director, Com­ (3) to relocate existing limit lines and to County Reservoir with the objective, in­ pensation, Pension and Education Serv­ establish additional limit lines at en­ sofar as practicable, of limiting total ice, upon field station submission; the trance to Poquoson River, Va., effective streamflow to 4,500 c.f.s. from the dam to rating board, without field station sub­ 30 days after publication in the F ederal Frenchman Creek, 5,500 c.f.s. from mission, where regular schedular stand­ Register, as follows: Frenchman Creek to Medicine Creek, and ards are met as of the date of rating § 206.50 Chesapeake Bay, Md. and Va., 5,700 c.f js. from Medicine Creek to Har­ decision; or the Adjudication Officer, and its navigable tributaries; fishing lan County Reservoir. without field station submission, where structures. (2) For coordination of flood control the regular schedular standards are not * * * * * regulation in Swanson Lake with existing met but the applicant has attained 40 years of age. (f) Norfolk District. * * * and potential flood conditions and the (3) West side of Chesapeake Bay regulation of other flood control reser­ * - * * * * north from Old Point Comfort to York voirs and projects in the Republican, (72 Stat. 1114; 38 U.S.C. 210) River, including Back Rivers Smoky Hill, Kans., and Missouri River basins, releases from the flood control This VA regulation is effective the date operation of the reservoir will be adjusted of approval. Latitude Longitude as required for optimum effectiveness Approved: January 7,1970. during all flood periods. o // O / II By direction of the Administrator. * ' * • * * # * * * (b) During flood periods and when the [seal] F red R hodes, “Y3”...... * * * * * * reservoir water surface is in the flood B. “Y5”...... 37 13 27.8 76 19 21.9 control storage zone, releases shall be Deputy Administrator. “Ql”...... 37 12 33.8 76 20 17.7 made in accordance with instructions is­ “Q3”...... 37 11 41.1 76 21 12.2 [F.R. Doc. 70-472f Filed, Jan. 13, 1970; “Q5”...... 37 10 48.3 76 22 06.7 sued to the Project Manager by the Dis­ 8:47 a.m.l Poquoson River Entrance 37 09 53.0 76 23 03.0 trict Engineer, Corps of Engineers, De­ Light 11. Unmarked Point 74A______37 09 44.5 76 22 38.0 partment of the Army, in charge of the No limit line...... | ...... locality, hereinafter referred to as the Bennett Creek Light 2. . . : . I 37* 09 30.*8* 76* 22* 37.0 District Engineer. Such instructions shall Poquoson River D ay- 37 09 58.0 76 23 28.0 Title 50— WILDLIFE AND beacon 13. be for achievement of the necessary local Poquoson River Light 15____ 37 10 06.5 76 24 08.0 flood control below the dam and coordi­ No limit line...... FISHERIES Poquoson River Light ii_ IH -37””i6 ”**67.'e~_76_~23~ 35.6 nation of flood control regulation of the Poquoson River Entrance 37 10 02.0 76 23 06.5 reservoir with flood conditions andJflood Chapter I— Bureau of Sport Fisheries Lighted Buoy 10. and Wildlife, Fish and Wildlife Poquoson River Entrance 37 10 53.0 76 22 13.8 control regulation of other reservoirs and Buoy 8. - flood control projects in the Republican, Service, Department of the Interior Poquoson River Entrance 37 11 45.8 76 21 19.3 Smoky Hill, Kans., and Missouri River Lighted Buoy 6. PART 28— PUBLIC ACCESS, USE AND Poquoson River Entrance 37 12 38.5 76 20 24.8 basins. Oral instructions from the Dis­ Buoy 4. trict Engineer to the Project Manager RECREATION Poquoson River Entrance 37 13 31.3 76 19 30.3 Lighted Buoy 2. shall be confirmed in writing under date Moosehorn National Wildlife Refuge, “Y9”______* * * * * * of the day issued. Maine ♦- * * * * [Regs., Dec. 5, 1969, ENGCW-EY] (Secs. 7 The following special regulation is is­ [Regs., Dec. 19, 1969, ENGCW-ON] (Sec. 10, and 9, 58 Stat. 890, 891; 33 U.S.C. 709) sued and is effective on date of publica­ 30 Stat. 1151; 33 U.S.C. 403) For the Adjutant General. tion in the F ederal R egister. For the Adjutant General. § 28.7 Operation o f vehicles. H arold S haron, H arold S haron, Plans Office, M aine Plans Office, Office of Comptroller, TAGO. Office of Comptroller, TAGO. MOOSEHORN NATIONAL WILDLIFE REFUGE [F.R. Doc. 70-450; Filed, Jan. 13, 1970; [F.R. Doc. 70-449; Filed, Jan. 13, 1970; 8:45 a.m.] Snowmobile use is limited to roads 8:45 a.m.j within the Baring Unit of the Moosehorn National Wildlife Refuge. PART 208— FLOOD CONTROL The operation of snowmobiles shall be Title 38— PENSIONS, BONUSES, subject to the following special condi­ REGULATIONS tions: Trenton Dam and Swanson Lake, AND VETERANS’ RELIEF (1) Use restricted to the period De­ Republican River, Hitchcock County, Chapter I— Veterans Administration cember 1 through April 15. Nebr. PART 3— ADJUDICATION (2) Operated only in such manner and IHirsuant to the applicable provisions at such a speed that no persons or prop­ i Sections 7 and 9 of the Act of Con­ Approval of Extra-Schedular erty will be endangered. gress approved December 22, 1944 (58 Evaluations (3) All persons must be in a snow­ Stat. 890, 891; 33 U.S.C. 709), § 208.38 In § 3.321(b), subparagraph (2) is mobile or in a trail vehicle that is fixed establishing flood control regulations for amended to read as follows: to the snowmobile by a rigid tongue.

FEDERAL REGISTER, VOL. 7'5, NO. 9— WEDNESDAY, JANUARY 14, 1970 464 RULES AND REGULATIONS

(4) No firearms or archery equipment PART 28— PUBLIC ACCESS, USE, AND gional Director, Bureau of Sport Fish­ are to be carried on snowmobiles. RECREATION eries and Wildlife, Post Office and Court­ (5) No form of wildlife may be chased house, Boston, Mass. 02109. or harried by snowmobiles. Erie National Wildlife Refuge, Pa. The provisions of this special regula­ The Baring Unit, comprising 16,000 The following special regulation is tion supplement the regulations which acres, is delineated on maps available issued and is effective on date of publica­ govern recreation on wildlife refuge at refuge headquarters and from the tion in the F ederal R egister. areas generally, which are set forth in Regional Director, Bureau of Sport Fish­ Title 50, Code of Federal Regulations, eries and Wildlife, U.S. Post Office and § 28.28 Special regulations, public ac- Part 28, and are effective through Dec­ Courthouse, Boston, Mass. 02109. * cess, use, and recreation; for individ­ ember 31,1970. ual wildlife refuge areas. The provisions of this special regula­ R ichard E. G riffith, tion supplement the regulations which P ennsylvania . — " Regional Director, Bureau of govern recreation on wildlife refuge ERIE NATIONAL WILDLIFE REFUGE Sport Fisheries and Wildlife. areas generally, which are set forth in Title 50, Code of Federal Regulations, Entry on foot or by motor vehicle is J anuary 7, 1970. Part 28, and are effective through De­ permitted on designated travel routes for [F.R. Doc. 70-491; Filed, Jan. 13, 1970; cember 31, 1970. the purpose of nature study, photography 8:48 a.m.j and sightseeing, during daylight hours. R ichard E. G r iffith , Pets are allowed if on a leash not over 10 Regional Director, Bureau of feet in length. Use of the picnic area is PART 28— PUBLIC ACCESS, USE, AND Sport Fisheries and Wildlife. permitted from 6 a.m. to 9:30 p.m. RECREATION January 7,1970. May 30 to October 15. Fishing and hunt­ ing under special regulations may be Moosehorn National Wildlife Refuge, [F.R. Doc. 70-488; Filed, Jan. 13, 1970; 8:48 a.m.j permitted pn parts of the refuge. Maine The refuge area, comprising 4,961 The following special regulation is is­ acres, is delineated on maps available at sued and is effective on date of publica­ PART 28— PUBLIC ACCESS, USE AND refuge headquarters and from the Re­ tion in the F ederal R egister' RECREATION gional Director, Bureau of Sport Fish­ eries and Wildlife, U.S. Post Office and § 28.28 Special regulations, public ac­ Bombay Hook National Wildlife Courthouse, Boston, Mass. 02109. cess, use, and recreation; for individ­ ual wildlife refuge areas. Refuge, Del. The provisions of this special regula­ The following special regulation is tion supplement the regulations which M aine issued and is effective on date of publica­ govern recreation on wildlife refuge areas MOOSEHORN NATIONAL WILDLIFE REFUGE tion in the F ederal R egister. generally, which are set forth in Title 50, Code of Federal Regulations, Part 28, and Entry on foot or by motor vehicle on § 28.28 Special regulations, public ac­ are effective through December 31, 1970. designated travel routes is permitted for cess, use, and recreation; for individ­ the purpose of nature study, photog­ ual wildlife refuge areas. R ichard E. G r iffith , raphy, hiking, and sight-seeing during Regional Director, Bureau of D elaware daylight hours. Pets are allowed if on a Sport Fisheries and Wildlife. leash not over 10 feet in length. Fishing BOMBAY HOOK NATIONAL WILDLIFE REFUGE J anuary 7, 1970. and public hunting may be permitted under special regulations. All persons Travel by motor vehicle, bicycle, or on [F.R. Doc. 70-490; Filed, Jan. 13, 1970; foot, is permitted on designated routes 8:48 aon.] shall comply with all local, State, and unless prohibited by posting, for the Federal laws, ordinances, and regula­ purpose of nature study, photography, tions. hiking, and sight-seeing, during daylight PART 28— PUBLIC ACCESS, USE, AND The refuge area, comprising approxi­ hours. Pets are permitted if on a leash RECREATION mately 22,500 acres, is delineated on not over 10 feet in length. Picnicking is maps available at refuge headquarters permitted in designated areas where Missisquoi National Wildlife Refuge, and from the Regional Director, Bureau facilities are provided. Access by boat for Vi. of Sport Fisheries and Wildlife, U.S. Post Office and Courthouse, Boston, Mass. fishing in tidal waters is permitted. Pub­ The following special regulation is is­ lic hunting may be permitted under spe­ sued and is effective on date of publica­ 02109. regula­ cial regulations. tion in the F ederal R egister. The provisions of this special The refuge area, comprising 16,280 tion supplement the regulations which acres, is delineated on maps available at § 28.28 Special regulations, public acy govern recreation on wildlife refuge areas cess, use, and recreation; for individ­ generally, which are set forth in Title 50, refuge headquarters and from the ual wildlife refuge areas. Code of Federal Regulations, Part 28, and Regional Director, Bureau of Sport V ermont are effective through December 31, 1970. Fisheries and Wildlife, Post Office and MISSISQUOI NATIONAL WILDLIFE REFUGE R ichard E. G riffith, Courthouse, Boston, Mass. 02109. Regional Director, Bureau of The provisions of this special regula­ Travel by motor vehicle or on foot is Sport Fisheries and Wildlife. tion supplement the regulations which permitted on designated travel routes J anuary 7, 1970. govern recreation on wildlife refuge areas for the purpose of nature study, photog­ raphy, hiking, and sight-seeing, during [F.R. Doc. 70-487; Filed, Jan. 13, 1970; generally, which are set forth in Title daylight hours. Pets are permitted on a 8:48 a.m.j 50, Code of Federal Regulations, Part leash not over 10 feet in length. Picnick­ 28, and are effective through Decem­ ing is permitted in designated areas ber 31, 1970. where facilities are provided. Launching PART 28- -PUBLIC ACCESS, USE, AND of boats and parking of boat trailers are RECREATION R ichard E. G r iffith , permitted in designated areas. Fishing Regional Director, Bureau of and hunting may be permitted under Parker River National Wildlife Refuge» Sport Fisheries and Wildlife. special regulations. Mass. J anuary 7, 1970. The refuge area, comprising 4,680 The following special regulation fs [F.R. Doc. 70-486; Filed, Jan. 13, 1970; acres, is delineated on maps available issued and is effective on date of publi­ 8:48 a.m.] at refuge headquarters and from the Re­ cation in the F ederal R egister.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 RULES AND REGULATIONS 465

§28.28 Special regulations, public ac­ area, for fishing only, day and night, and are effective through December 31, cess, use, and recreation; for individ­ from May 1 to May 29, and September 2 1970. ual wildlife refuge areas. to October 15 and during the hours of R ichard E. G r if fit h , 6 p.m. to 8 a.m. from May 30 to Sep­ Regional Director, Bureau of M assachusetts tember 1. Sport Fisheries and Wildlife. PARKER RIVER NATIONAL WILDLIFE REFUGE Foot travel in the Natural Area is per­ •January 7,1970. mitted only on designated trails. Fires Entrance into the Public Use Areas of [F.R. Doc. 70-489; Filed, Jan. 13, 1970; are permitted only in refuge fireplaces 8:48 ana.] the refuge is permitted for the purpose installed by the Bureau, or on the ocean of nature study, photography, hiking, beach of the public use area. Except in sunbathing, and picnicking from 6 a.m. the designated bathing area, pets are to 9 p.m. from May 1 through October 15, allowed if on a leash not over 10 feet in Title 45— PUBLIC WELFARE and from 8 a.m. to 4:30 p.m., from Octo­ length. ber 16 through April 30. The landing of Beer and other alcoholic beverages are Chapter II— Social and Rehabilitation boats and entrance into the refuge is not permitted on the refuge. Glass bev­ Service (Assistance Programs), De­ permitted at the Knobbs, Grape Island, erage bottles may not be taken out of partment of Health, Education, and and Stage Island for the purposes listed vehicles. Welfare above from 6 a.m. to 9 p.m. from May 1 Entrance into other areas west of the to October 15. Bathing and swimming main road is permitted in specific loca­ PART 220— SERVICE PROGRAMS FOR are permitted only in the designated area tions that are posted “Open to nature FAMILIES AND CHILDREN: TITLE IV during the hours 10 a.m. to 6 p.m. from study*'. Applications for permission to PARTS A AND B OF SOCIAL SECU­ enter the area west of the main road for RITY ACT May 30 through September 1. Surf fish­ other purposes will be considered. ing is permitted day and night on the Public Use Areas which include por­ Child Welfare Services Program ocean beach of the Public Use Area from tions of the beach, the Knobbs, Grape Correction May 1 through October 15. Plums and Island, and Stage Island are delineated In F.R. Doc. 70-257 appearing at page cranberries may be picked outside of the on a map available at refuge headquar­ 315 in the issue of Thursday, January 8, Natural Area from 6 a.m. to 9 p.m., ters and from the Regional Director, 1970, the first sentence in § 220.71(a) August 25 to October 31, to the limit of Bureau of Sport Fisheries and Wildlife, should read: “Upon adoption by the one-half bushel per family. Post Office and Courthouse, Boston, State of a State plan (including a basic Motor vehicles and bicycles are per­ Mass. 02109. plan and an annual budget jointly de­ mitted on designated travel routes and in veloped by the State agency and the The provisions of this special regula­ Social and Rehabilitation Service) it designated parking areas. Snowmobiles tion supplement the regulations govern­ shall be certified by a duly authorized or similar vehicles are not permitted on ing recreation on wildlife refuge areas officer of the State agency and sub­ the refuge. Over-the-sand vehicles may generally, which are set forth in Title 50, mitted to the Social and Rehabilitation be on the ocean beach of the public use Code of Federal Regulations, Part 28, Service for approval.”

FEDERAL REGISTER^ VOL 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 466

Proposed Rule Making

and transatlantic charter trips, the which suggests that a curtailment of all CIVIL AERONAUTICS BOARD limitations are imposed on an area basis. off-route charters of trunkline carriers Thus, an off-route charter trip from any in the Pacific area might be warranted. [1 4 CFR Part 207 ] point in a State of the United States to Finally, they contend, if the Board [Docket No. 21246; EDR-174] any point in the transpacific area is decides to modify the present exception counted as one frequency. However, to the area frequency and regularity re­ CHARTER TRIPS AND SPECIAL the regulation expressly exempts Pan strictions, it should eliminate the excep­ SERVICES American World Airways and Northwest tion rather than proliferating it as TWA Airlines, Inc., from the area frequency requests. Definitions of Transatlantic and Trans­ restriction applicable to transpacific By ER-482 adopted^ January 13, 1967 pacific Charter Trips for Combina­ charter trips, since these carriers are (32 F.R. 487, Jan. 18, 1967), the Board tion Route Carriers; Definition of certificated to provide service between amended the definitions of transatlantic “Area of Operations’’ of All-Cargo points in the transpacific area. Thus; for and transpacific charter trips in Part 207. example, except for Pan American and Carrier With Respect to Transpacific It stated that the definitions were added Northwest, carriers are permitted only to Part 207 in 1965 as part of an amend­ Route Authorization - eight flights in the same direction be­ ment designed to prevent certificated J anuary 7, 1970." '; tween a point in the United States and route carriers from concentrating their a point in the transpacific area dtíring Notice is hereby given that the Civil entire annual quota of off-route charters any period of four successive calendar in a single market, a practice which the Aeronautics Board has under considera­ weeks. JPan American and Northwest, tion an amendment ta Part 207 of the Board believed could lead to undue diver­ however, are on a point-to-point fre­ sion fi;om thè on-route services of regu­ Board’s économie regulations (14 CFR quency basis and are permitted, during Part 207) to modify the definitions of lar route carriers and from the charter such period, eight flights in the same services of supplemental carriers. The “transatlantic charter trip” and “trans­ direction between any two given points, pacific charter trip” as set forth in Board pointed out that the amendment e.g., eight flights from St. Louis to Tokyo, took the form of frequency and regularity § 207.1. In addition, the Board proposes eight flights from Detroit to Hong Kong, to define the “area of operations” for restrictions imposed on off-route charters etc. Trans World Airlines, Inc., was re­ between any pair of “points” and that, off-route charter trips of an all-cargo cently awarded a certificate to serve carrier (Flying Tiger) with respect to in the transatlantic and transpacific the transpacific area,1 and it requests that markets, the limitations were imposed on its recently-awarded transpacific route it be accorded the same charter rights authorization. a market-wide basis so that any flight be­ as are enjoyed by the other two carriers tween the 48 contiguous States, on the The principal features of the proposed holding certificates to serve this area. amendment are described in the explan­ one hand, and a point in one of these atory "statement and the proposed Two supplemental carriers, World Air­ markets was to be counted against the amendments are set forth in the pro­ ways, Inc., and Trans International Air­ total number and frequency of flights au­ posed rule. The amendments would be lines, Inc. (TIA) oppose the petition. thorized between a single pair of points. pursuant to the authority of sections They assert, inter alia, that the Part 207 In the 1967 amendment (ER-482) the 204(a) and 401(e) (6) of the Federal restrictions were designed to protect the Board excepted from the restrictive effect Aviation Act of 1958, as amended (72 supplemental as charter specialists and of the definitions of “transatlantic” and Stat. 743, 754 (as amended by 76 Stat. that TWA has advanced no arguments “transpacific” the off-route charter trips 143, 82 Stat. 867) ; 49 U.S.C. 1324, 1371). for the transpacific charter authority it of the route carriers certificated to serve the areas involved—Pan American and Interested persons may participate in seeks. Also, they maintain that the grant the proposed rule making through sub­ of the petition would place TWA in a TWA in the transatlantic and Pan position of competing -with World and American and Northwest in the trans­ mission of twelve (12)< copies of written data, views or arguments pertaining TIA for the limited number of charters pacific. These exceptions for the trans­ for nondesignated carriers permitted by atlantic and transpacific carriers were thereto, addressed to the Docket Section, based upon the following findings which Civil Aeronautics Board, Washington, the Japanese Government.2 Moreover, ac­ D.C. 20428. All relevant matter in com­ cording to the supplemental, the rea­ the Board made at that time: (1) That sons for the exceptions to Pan American charterers who are unable to charter via munications received on or before Feb­ and Northwest in the Pacific area are U.S.-flag carriers due to Part 207 re­ ruary 9, 1970, will be considered by the strictions will, to a considerable extent, Board before taking final action on the no longer applicable due to decreased re­ liance by the Department of Defense turn for their air transportation to for­ proposed rules. Copies of such com­ on the supplemental carriers to provide eign carriers, rather than to U.S. supple- munications will be available for exami­ a substantial portion of the military air­ mentals, because of the supplementals’ nation by interested persons upon receipt shortage of capacity caused by the in the Docket Section of the Board, Room lift requirements and the deteriorating fi­ nancial picture of the supplemental demands of the Viet Nam situation; (2) 712 Universal Building, 1825 Connecticut that there is also an indication of a Avenue NW., Washington, D.C. preference on the part of some charterers By the Civil Aeronautics Board. 1A new Central Pacific route from Los for foreign scheduled carriers over U.S. Angeles/Ontario/Long Beach via Hawaii and supplementals; (3) that, in either event, [ seal] H arry J. Zin k , Guam to Okinawa, Taiwan, Hong Kong, and the effect of the current regulatory Secretary. Thailand, and beyond Thailand to Ceylon framework will be to prevent chartering and that portion of India which lies south Explanatory statement: Part 207 of the 20th parallel. Transpacific Route In­ groups from traveling on U.S.-flag car­ (Charter Trips and Special Services) vestigation (International Phase), Docket riers where they desire to do so and, to provides various volume and frequency 16242, Orders 69-4-90 served Apr. 24, 1969 the extent such charters are ultimately limitations for off-route charters of cer­ and 69-5-121, dated May 26, 1969. carried by foreign carriers, to cause a tificated route carriers including all­ 2 In 1969 the Japanese Government estab­ corresponding drain on the U.S. balance cargo carriers.' Section 207.7a generally lished a quota of 46 U.S.-Japan charter flights of payments; and (4) that the Viet Nam limits the frequency and regularity of of U.S. carriers other than those covered by situation is providing the supplementals a bilateral agreemeent. World and TIA as­ with a susbtantial source of revenue, with off-route charters for combination car­ sert that 46 is less than the total number of riers that may be conducted between the flights which, if granted unrestricted land­ the consequence that they should not be same pair of points during specified ing rights, nondesignated U.S. carriers might injured by the diversion of the modest time periods; in the case of transpacific have operated. amounts of commercial charter revenues

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 PROPOSED RULE MAKING 467 to U.S. route carriers resulting from an cated to serve the Pacific and Atlantic States and Asia as far west as longitude easing of the Part 207 restrictions. areas from the area-wide frequency and 70° east, including Japan and the We shall not extend the existing ex­ regularity restrictions for off-route char­ Philippines but not including Indonesia.19 ceptions for Pan American and North­ ters under Part 207, the supplemental In addition, we are making certain edi­ west in the transpacific area so as to carriers are not now experiencing a torial changes in Part 207.11 include the new carriers which received shortage of capacity, the U.S. balance of Proposed rule. It is proposed to amend awards in this area, as TWA requests.' payments situation has improved so that Part 207 of the Economic Regulations Rather, we have decided to propose a there is no longer the same degree of (14 CFR Part 207) as follows: new exception to the definition of “trans­ need to encourage chartering groups to 1. Amend the definitions “Trans­ pacific charter trip” and “transatlantic travel on U.S.-flag carriers instead of on atlantic charter trip” and “Trans­ charter trip” with reference to the fre­ foreign flag carriers, and the supple- pacific charter trip” in § 207.1 to read as quency and regularity restrictions on off- mentals now are more dependent on follows: route charters of the combination route civilian charter and less dependent on carriers. And we propose to modify the the Viet Nam situation and other mili­ § 207.1 Definitions. rule so as to take into consideration the tary charters for a substantial part of As used in this part, unless the con­ recent route awards made by the Board their revenue. In addition, there is cur­ text otherwise requires: in the Transpacific Case* and in the rently a trend toward sharply diminished * * * * * Miami-London Route Investigation.1 profits in the case of the supplemental carriers. Finally, we doubt whether the “Transatlantic charter trip” means a We shall modify the existing excep­ charter trip-between points within the tions from the definitions for the combi­ public would be substantially iticonven- ienced under the proposed rule by reason 48 contiguous States of the United nation route carriers in the transpacific States, on the one hand, and points in and transatlantic areas by limiting them of having less service available since there are now more carriers authorized ^Greenland, Iceland, the Azores, Europe, to charter trips between a point in a Africa, or Asia, as far east as (and in­ State of the United States6 and a point to serve the Pacific and Atlantic areas than was the case in 1967 when Pan cluding) India, on the other hand: in a country to which the carrier is cer­ Provided, however, That this definition tificated to serve. In our judgment, there American and Northwest were granted less restrictive off-route charter author­ shall not apply to off-route charter trips appears to be no reason why the per­ performed by a carrier between a point missive off-route charter authority ity in the Pacific area and Pan American and TWA, in the Atlantic area. For ex­ within the 48 contiguous States of the should now cover the entire transpacific United States, on the one hand, and a or transatlantic area for each air car-- ample, under the proposed rule American would be able to provide charter service point in a country in the above area with rier certificated therein, in light of the respect to which the carrier is authorized additional carriers now authorized to to Australia or New Zealand on a point- to-point frequency basis in lieu of North­ to perform air transportation pursuant serve in these areas. Under the proposed to a certificate of public convenience and amendment, American6 and TWA would west’s present off-route charter authority to serve these countries on such basis. necessity issued under section 401 of the be permitted charters to Japan7 on an Act, on the other hand. area frequency basis only, which would In view of the recent route awards in have the effect of confining their charters the transpacific area, we shall include ***** largely to the foreign countries to which TWA and American8 as carriers to “Transpacific charter trip” means a they are certificated. Northwest’s present which this limited exception from the charter trip between points within any authority to operate charters to Aus­ definition of “transpacific charter trip” State of the United States, on the one tralia on a point-to-point frequency will apply. Thus, We shall treat on a hand, and points in Australasia (includ­ basis would similarly be deleted. This parity all of the U.S.-carriers certificated ing Australia, New Zealand, Polynesia, more limited authority for off-route to provide scheduled foreign air trans­ Micronesia, and Melanesia), Indonesia, charters is more in accord With the portation in the transpacific area. or Asia as far west as longitude 70° east, present situation which requires more Similarly, the definition of “trans­ on the other hand: Provided, however, protection for the supplemental carriers atlantic charter trip” will be modified That this definition shall not apply to certificated to provide charter service in so as to include National Airlines, Inc., off-route charter trips performed by a the transpacific and transatlantic areas . as a carrier to which this exception wjll carrier between a point within any State than was the case when the exceptions apply. This will take into account the of the United States, on the one hand, for Pan American, Northwest, and TWA recent route award made by the Board in and a point in a country in the above m these areas were granted in 1967. Spe­ the Miami-London Route Investigation, area with respect to which the carrier is cifically, as contrasted with the situation supra. authorized to perform air transporta­ that existed in 1967 when the Board An amendment is also proposed with tion pursuant to a certificate of public exempted the U.S.-flag carriers certifi- respect to the new transpacific route convenience and necessity issued under authority of Flying Tiger, an all-cargo section 401 of the Act, on the other carrier. Section 207.6 provides that the hand. 3 Transpacific Route Investigation (Inter­ all-cargo carriers are subject to limita­ 2. Delete paragraph (a) of § 207.5 so national Phase), Orders 69-4-90, served tions on the volume of charter trips that § 207.5 will read as follows: Apr. 24, 19(59; 69-5-121, dated May 26, 1969. which may be performed* However, the Transpacific Route Investigation (South § 207.5 Limitation on amount of char­ Pacific Deferred Phase), Orders 69-7-104, volume limitations are inapplicable to off-route cargo charters of an all-cargo ter trips which may be performed by 1 9 ^ JUly 22’ 1969’ 69-8-151 dated Aug. 28, carrier performed within its specified combination carriers. RQ4? r<^ers 69-^~90 served July 18, 1969; “area of operation.” 9® These areas are A combination carrier shall not during »9-8-148 dated Aug. 27, 1969. described for each carrier in § 207.6. We any calendar year perform off-route a P°int ■within the 48 contiguous States shall describe Flying Tiger’s area of op­ charter trips which in the aggregate, on the case of transatlantic charters. eration as between the 48 contiguous American was awarded a new South Pa- a revenue plane-mile basis, exceed 2 emc route between coterminal points in the in c°ntiSuous States and intermediate points 8 See footnotes 1 and 6, supra. 10 In the Transpacific case, Flying Tiger m Hawaii, American Samoa, Fiji, and New 8 An all-cargo carrier shall not during any was awarded a route from the ten U.S. .and via Intermediate points and a calendar year perform off-route charters coterminals it was serving to Japan, Korea, “inninal point in Australia. Order 69-7-104 which in the aggregate, on a revenue plane- served July 22, 1969. Okinawa, Taiwan, Hong Kong, the Philip­ mile basis, exceed 2 percent of the base pines, South Viet Nam, and Thailand. 1x5 P6rmit American to perform revenue plane miles flown by it during the 11 Thus, we shall modify §§ 207.5 and tn barter trips to Japan on a point- preceding calendar year. 207.6 by removing the obsolete provisions frequency basis would tend to sub- 8a In addition, the frequency and regu­ which applied prior to Jan. 1, 1965. We shall nanifi ® President’s decision In the Trans- larity restrictions of § 207.7a are not ap­ also remove subparagraph (4) of § 207.6(c) Caae an additional route carrier plicable to off-route cargo charters performed since this provision pertains to a carrier tn To no^ ^ certificated to perform service by an all-cargo carrier within its area of 10 Japan at this time. which no longer holds an effective certificate operations. See proviso to § 207.7a. (Aerovias Sud Americana, Inc.).

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 468 PROPOSED RULE MAKING percent of the base revenue plane-miles we would issue a further order allotting Time flown by it during the preceding calen­ time to the various parties to present Parties to present allotted (in dar year. argument. We have reviewed such com­ oral argument minutes) National Association of Broadcasters_ 30 3. Delete and reserve paragraph (a)ments as were advanced by the parties on this subject, and, in light of the di­ American Telephone and Telegraph of § 207.6 and modify paragraphs (b) Co ------35 and (c) thereof. As modified, § 207.6 versity of interests of those to take part, National Association of Radio Tele­ will read as follows: the number of persons to participate, phone Systems______10 and the kinds of information we felt will Communications Industries, Inc__ 10 § 207.6 All-cargo carriers; limitation on be most helpful to us, we have decided Mobile Telephone Co., In c .______10 amount of charter trips which may be upon the division of time and the order Aeronautical Radio, Inc______10 performed. “ of presentation set forth below. General Electric Co___ ,1.___ ¿______jq (a) [Reserved] 2. Further, numerous notices of ap­ National TV Translator Association.. 10 (b) An all-cargo carrier shall not dur­ pearance were filed (those listed below), Land Mobile Communications Coun­ with interested persons asking for a total cil ------55 ing any calendar year perform off-route Electronic Industries Association, In­ charters which in the aggregate, on a of nearly 30 hours for their presenta­ dustrial Electronics Division, Land revenue plane-mile basis, exceed 2 per­ tions. In light of the number of persons Mobile Communications Section__ 40 cent of the base revenue plane-miles to be accommodated, we have decided Associated Public-Safety Communica­ flown by it during the preceding calen­ to commence at 9 a.m. on January 22, tions Officers, Inc______15 dar year: Provided, however, That an 1970, instead of 10 a.m., and to conduct International Association of Chiefs of all-cargo carrier shall be permitted to the argument in four sessions, with the P o li c e ______10 perform off-route cargo charters within- first to begin at 9 a.m., to run to 12'm., City of ^Dallas____ à______10 its area of operations without any limita­ the second from 1 to 4:30 p.m. on Jan­ International Bridge, Tunnel, and uary 22, 1970, and the third and fourth Turnpike Association, Inc______10 tion as to volume of service. International Municipal Signal Asso­ (c) Within the meaning of paragraph sessions to be held at the same times on ciation ______10 (b) of this section, the areas of opera­ January 23, 1970. Law Enforcement Assistance Adminis­ tions of the all-cargo carriers are the 3. Additionally, much interest^ has tration ______;______15 following: been evidenced in the findings and rec­ National Association of Business and (1) Within the 48 contiguous States— ommendations contained in a Report to Educational Radio, Inc______15 The Plying Tiger Line Inc.; and Airlift the Commission by the Stanford Re­ American Automobile Association and International," Inc. search Institute (SRI) entitled “A Study American Trucking Association___ 15 of Land Mobile Spectrum Uitlization.” ’ American Newspaper Publishers As­ (2) Between the 48 contiguous States sociation and the Associated Press. _ 10 and Europe—Seaboard World Airlines, Because of this, and since we believe the Association, of American Railroads__ 10 Inc. views of SRI will be helpful to us in Central Committee on Communication (3) Between the 48 contiguous States our overall consideration of the matters Facilities of the American Petroleum and Puerto Rico—Airlift International, in issue in this proceeding, we are, on I n stitu te ______¿______10 Inc. our own motion, inviting participation by Forest Industries-Radio Communica- SRI in the argument and have reserved - tions ______10 (4) Between the 48 contiguous States time for it to do so. National Association of Manufac­ and Asia as far west as longitude 70° 4. Finally, any party may reserve a turers _.£______10 east, including Japan and the Philip­ Special Industrial Radio Service As­ part of his allotted time for rebuttal sociation, Inc__ ___ 10 pines but not including Indonesia—The purposes. Additionally, any party may Flying Tiger Line Inc. Utilities Telecommunications Coun­ agree with others to pool their respective cil ------1 ______10 [F.R. Doc, 70-497; Filed, Jan. 13, 1970; allotted times for combined presentation Radio Specialists Co______10 8:49 a.m.] of either their affirmative or rebuttal General Electric (Mobile Radio De­ cases. Parties are strongly urged to com­ partment) ______15 bine their arguments. The Commission Motorola, Inc______45 will appreciate the efforts made by them Stanford Research institute. ______FEDERAL COMMUNICATIONS in this direction. [F.R. Doc. 70r481; Fifed, Jan. 13, 1970; Accordingly, it is ordered, That oral 8:47 a.m.] COMMISSION argument shall begin before the Com­ mission, en banc, at 9 a.m., on Janu­ E 47 CFR Parts 2, 89, 91, 93 1 ary 22, 1970, in accordance with the "-{Dockets Nos. 18261, 18262; FCC 70-4] schedule set forth below. FEDERAL POWER COMMISSION LAND MOBILE RADIO SERVICES Adopted^ January 8,1970. [18 CFR Part 250 ] Order Establishing Schedule for Oral Released : January 9,1970. [Docket No. R-376] Argument F ederal Communications ESCROW AGREEMENT Com m ission,1 In the matter of amendment of Parts [ seal] B e n F. W aple, Proposed Form 2, 89, 91, and 93: Geographic realloca­ Secretary. J anuary 6, 1970. tion of UHF TV Channels 14 through 20 Time to the land mobile radio services for use Parties to present allotted (in 1. Notice is given, pursuant to section within the 25 largest urbanized areas of oral argument « m inutes) 553 of title 5 of the United States Code, the United States, Docket No. 18261; Association of Maximum Service Tele- that the Commission proposes to amend petition filed by the Telecommunications casters, Inc______100 Part 250, Subchapter G, Approved Forms, Committee of the National Association of Electronic Industries Association, Con­ Natural Gas Act, Chapter 1, Title 18 of Manufacturers to pérmit use of TV sumer Products Division______;_ 10 the Code of Federal Regulations, by add­ Channels 14 and 15 by land mobile sta­ Forward Television, Inc______10 ing a new § 250.12 prescribing a form of tions in the Los Angeles area, RM-566; Plains Television Corp_____ .-______10 escrow agreement to be used by natural an inquiry relative to the future use of RKO General & WKY Television Sys­ tem ______;_ 15 gas companies when ordered by the the frequency band 806-960 MHz; and Summit Broadcasting Co., Inc______10 Commission to retain refundable monies amendment of parts 2, 18, 21, 73, 74, 89, U.S. Communications Corp______10 pending further action of the Commis­ 91, and 93 of the rules relative to opera­ Winnebago Television Corp______._ 10 sion prescribing the disposition of such tions in the land mobile service between All-Channel Television Society______25 refund monies. 806 and 960 MHz, Docket No. 18262. Joint Council on Educational Tele­ 2. Many natural gas companies have 1. On December 19, 1969, we released communications ______been 15 directed by order of the Commis­ our order for Oral Argument (FCC 69- National Association of Educational sion to retain sums of monies which 1392) in the above proceedings. At that Broadcasters______[______15 have been found by the Commission to be time, we advised that, after the submis­ 1 Commissioners Johnson and H. Rex Lee refundable because of the question 01 sion of the written notices of appearance, absent. proper “flow-through” of such funds to

FEDERAL REGISTER, VOt. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 PROPOSED RULE MAKING 469 those to whom refund should be made, (f) "Refund monies” means the amounts counsel of its own choice, and shall be fully of revenue, including applicable interest, for protected in acting and relying on the advice or because of the pendency of court re­ gas sales charged and collected by Respond­ of such counsel with respect to any matter view of the Commission’s orders deter­ ent computed as ordered by the Commission, arising in the administration of this trust. mining such monies to be refundable. which are to be placed in escrow under this S ec. 4.03. The Trustee shall have no The Commission has permitted such Trust Agreement. liability for damage resulting from any action or omission of it hereunder, unless it be monies to be retained by the natural gas Article II company either by commingling such established that such damage was caused by funds with its general corporate assets TERM OF TRUST negligence contributing to such damages, or Sec. 2.01. Respondent hereby transfers willful bad faith of the Trustee. at the prevailing prime rate of interest, S ec. 4.04. Nothing in sections 4.02 and 4.03 or by placing such refund monies in spe­ and assigns to Trustee the amount of refund monies ordered to be held in escrow, and in this Article IV shall be construed as limit­ cial escrow account. The Commission on to that end, agrees to deposit, or cause to ing or impairing the obligation of the Trustee occasion has also required natural gas be deposited, such monies within ten days under section 2.02 hereof. companies to file escrow agreements be­ of the date hereof with the Trustee plus Sec. 4.05. The obligations of the Trustee fore allowing them to collect increased interest as ordered by the Commission. hereunder shall be limited to the amounts deposited with it hereunder, and the interest rates subject to refund in proceedings S ec. 2.02. Respondent, the Trustee, and under section 4(e) of the Natural Gas the successors and assigns of each, shall be, thereon resulting from investments as herein and hereby are, held and firmly bound unto directed. Act. the Commission for the use and benefit of S ec. 4.06. The Trustee joins herein for the 3. The orders of the Commission per­ those found by the Commission to be en­ purpose of evidencing its approval and con­ mitting the refund monies to be placed titled thereto with respect to all amounts sent to the terms hereof and its acceptance in a special escrow account have cus­ of refundable monies deposited and the of the fund hereby created, and the Trustee tomarily prescribed the terms and condi­ interest thereon, and the Trustee hereby agrees to hold, invest, administer and dis­ binds itself to pay such monies as refunds pose of the funds deposited hereunder with tions of the escrow agreement to be en­ it in accordance with the terms hereof. tered into and filed by the natural gas to such person or persons as may be identi­ company. Experience has shown that cer­ fied and designated, and in the manner A rticle V which it may be directed by the Commission miscellaneous tain of the terms and conditions set in the proceeding, all or any portion of such forth in each of such orders are not al­ deposits and the interest thereon. Sec. 5.01. This instrum ent may be amended ways applicable, and that others do not S ec. 2.03. The Trustee shall invest and by an order, letter or other communication provide the flexibility of investment reinvest such deposits in any short-term of the Commission: Provided, That no such needed to gain the maximum earned in­ indebtedness (not to exceed 1 calendar year) amendment shall substantially increase the terest with which to offset the cost and of the United States of America, or any duties or diminish the compensation, privi­ expense of such special escrow accounts. agency thereof, and in any such form of leges or immunities of the Trustee. obligation guaranteed by the United States Sec. 5.02. The Trustee may resign at any Additionally, certain periodic reports of America as the Trustee in the exercise time upon thirty (30) days’ prior written were called for which have proven not to of its sound discretion may select. notice given to the Commission. Upon the be necessary. Thp Commission therefore S ec. 2.04. The Trustee shall be liable only resignation of the Trustee, a successor bank proposes to require that natural gas com­ for such interest as the investment funds or trust company used as a depository for panies enter into a simplified form of described in sections 2.01 and 2.03 shall funds of the U.S. Government, shall be desig­ escrow agreement, and to eliminate the earn, and no other Interest may be collected nated by Respondent. However, resignation from the Trustee. of a Trustee shall not become effective until necessity of monthly and quarterly pe­ a qualified successor Trustee has indicated riodic reports of the principal and in­ S ec. 2.05. The Trustee shall be entitled to such compensation as is fair, reasonable and its acceptance of the appointment of the terest retained in such escrow accounts. customary for its services as such, which qualified successor Trustee, the resigning 4. The Commission proposes to amend compensation shall be paid out of the corpus, Trustee shall transfer and deliver, without Part 250, Subchapter G, Approved Forms, and earned interest of the Trust. The Trustee charge, all property, funds and accounts then Regulations under the Natural Gas Act, shall likewise be entitled to reimbursement held hereunder to the successor Trustee. by adding a new § 250.12 thereto pre­ for its reasonable expenses, necessarily in­ Executed th is ____ !— day o f ------, scribing a Form of Escrow Agreement to curred in the administration of this trust, 19____ read as follows: which reimbursement shall be made out of Attest : the corpus, or earned interest of the Trust. ------... ------By § 250.12 Form of Escrow Agreement. Sec. 2.06. The Trustee shall report to the Secretary of the Commission annually certi­ (Name of Respondent) Escrow A greement fying the amount deposited in escrow, and Attest: (Name of Respondent) accounting for any disbursements therefrom — By . and for the annual period. (Name of Bank, or Trust Company, Trustee) S ec. 2.07. Should Respondent be released (Name of Trustee) This agreement made between (Name of by final order of the Commission from any Respondent) hereinafter called Respondent or all obligation with respect to such re­ and (Name of Bank), a national banking fundable monies, this trust shall be dis­ 5. This amendment to the Commis­ institution, association, or trust company, charged in like amount; otherwise it shall sion’s regulations under the Natural Gas used as a depository for funds of the U.S. remain in full force and effect. Act is proposed to be issued under the Government (Address), hereinafter called Trustee”, Article III authority granted by the Natural Gas DISTRIBUTION OF FUNDS AND TERMINATION OF Act, as amended, particularly sections 4, Witnessth: TRUST 5,7, and 16 thereof (52 Stat. 822, 823, 824, Article I S ec. 3.01. Upon receipt by the Trustee of a 825, and 830; 56 Stat. 83, 84; 61 Stat. 459; DEFINITIONS copy of an order of the Commission direct­ 76 Stat. 72; 15 U.S.C. 717c, 717d, 717f, Section 1.01. As used in this agreement ing disbursement by Respondent of the re­ and 717o). the following expressions shall have thi fund monies, the Trustee shall transfer and 6. Any interested person may submit to meanings respectively indicated: deliver to Respondent such monies for pay­ the Federal Power Commission, Wash­ (a) "Commission” means the Federa ment to the parties ultimately determined fpwer Commission, an agency of the Unite< by the Commission to be entitled thereto, ington, D.C. 20426, on or before Febru­ States of America. and to that end the Trustee shall liquidate ary 20, 1970, data, views, and comments (b) “Secretary” means the Secretary, th< all securities held in trust necessary to make in writing concerning the amendment acting Secretary, or the Office of the Secre such payments, and this trust shall there­ proposed herein. An original and four­ the Commission. upon cease and terminate. teen (14) copies of any such submittals (c) ‘Proceeding” means the proceeding o: Article IV shall be filed with the Secretary of the ** before the Commission entitled Commission. The Commission will con­ /mV? of Respondent), Docket N o.____ 1 RESPECTING THE TRUSTEE sider all such submittals before acting on whf+L “Respondent” means the party Sec. 4.01. The Trustee shall be fully pro­ the proposed amendment. rvintii a Producer. seller or Jurisdictiona tected in acting and relying on any order, who is directed by orde: certificate, direction, communication, or By direction of the Commission. in Commission to place refund moniei other document, from the Commission, G ordon M. G rant, m escrow. which the Trustee in good faith believes to mil»!. Purchaser” means the purchaser o: be genuine and what it purports to be. Secretary. si^h?^ers of the n£rtural gas which are th< Sec. 4.02. The Trustee may at any time [F.R. Doc. 70-492; Filed, Jan. 13, 1970; subject ot the proceedings. and from time to time consult with legal 8:49 a.m.j

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 No. 9------3 370

Notices

Bureau of Land Management, Denver, T . 35 N., R. 13 W., DEPARTMENT OF THE INTERIOR Colo. 80202. Sec. l,lot2,EysW % ; J . E lliott H all, Sec. 2, S E y SE y; Bureau of Land Management Land Office Manager. Sec. 3, lot 1, S E y N E y , N W yS E y; [ Colorado 3579 ] Sec. 10, N W yN E y, S E y N W y , E y s w y ; [F.R. Doc. 70-467; Filed, Jan. 13, 1970; Sec. 11, NE&NEV4; COLORADO 8:46 am .] Sec. 12, E y N E y , W%NWy4, N W ySEy; Sec. 13, NEyNEy, SyNEy, NWyNWy, Opening of Lands [OR 3165] N EySW y, Sy2SW y, SEy; Sec. 14, EyNEy, NEyNwy, wywy, D ecember 31,1969. OREGON SE14SW14; 1. In an order Issued October 2, 1969, sec. 15, N Ey, sy2Nwy4, s y ; the Federal Power Commission vacated Opening of Lands Sec. 18, lots 2, 3, and 4, w y N E y , SEy the power withdrawal created pursuant Nwy4, Ey SW y, SW ySEy; J anuary 5, 1970. to the filing on June 22,1942 of an appli­ Sec. 19 lots 1 to 4, inclusive, NwyNEy, cation for license for Project No. 1886 1. In an order issued October 15, 1969, Eyw y, SWySEy; for the following described lands: the Federal Power Commission vacated Sec. 21, S y N E y , SE14SW14, SEy; the withdrawal created pursuant to the Sec. 22; S ix t h P rincipal M eridian, Colorado filing of an application for a license for Sec. 23, E y N E y , w y w y , E y S E y ; All portions of the following described Project No. 952, for the following de­ Secs. 24 and 25; subdivisions lying within 25 feet of the scribed land: Sec. 26, NEyNEy, Sy2NEi4, SEy; centerline survey of the pipeline location as Sec. 27, N y , SW14, Ny.SE 14, SW ySE y; shown on a map designated “Exhibit F” and W illam ette Meridian, O regon Sec. 28 N E y , E y N W y , SWy4 , N yS E y, S E y SE y; entitled “Map of Harry M. Williamson Power T. 3 S., R. 8V2 E., Project, Pipe and Transmission Lines, Roose­ Sec. 24, SE yN W y and N E y s w y . Sec. 60, lots 1 to 4, inclusive, NwyNEy, velt National Forest, Colorado”, and filed in Ey W»/2, W ySEy, SEy SEy; the Office of the Federal Power Commission 2. The land lies within the Mount Sec. 33, EyNEy, NW y, NySW y; on June 22,1942. Hood National Forest in Clackamas Sec. 34, W y N W y , N E y S E y , S y S E y ; County. Sec. 35, N E y , N E y N w y , S y N W y , Sy2; T. 2 N..-R. 72 W., Sec. 36. Sec. 24, lots 7, 8, 24; 3. The State of Oregon has waived the Sec. 25, unpatented portions of lots 3 and right of selection in accordance with the RECLASSIFIED COAL LANDS FROM NONCOAL LANDS 4; Sec. 26, lot 20. provisions of section 24 of the Federal Prior classification of the following de­ Power Act of June 10, 1920 (41 Stat. scribed land as noncoal land is hereby re­ All portions of the following described 1075; 16 U.S.C. 818) as amended. voked and the land is reclassified as coal subdivisions lying within 12.5 feet of the land: centerline survey of the transmission line 4. Beginning at 10 a.m., on Febru­ location as shown on the map more fully ary 10, 1970, the national forest lands T. 34 N., R. 13 W., north of Ute line, described in the preceding paragraph. shall be open to such form of disposition Sec. 5, S E y sw y ; as may by law be made of such lands. Sec. 6, S E y s w y ; T. 2 N., R. 72 W., Sec. 7, lots 3 and 4, S E y N E y , N W ySEy, Sec. 13, unpatented portions of S W y S E y ; 5. Inquiries concerning the land part north of Ute line. Sec. 24, lots 1,2,4, 5,12,13 and 20. should be addressed to the Chief, Division NONCOAL LANDS The areas described aggregate ap­ of Lands and Minerals Program Man­ proximately 10.48 acres. agement and Land Office, Post Office Box T. 34 N., R. 13 W., north of Ute line, 2965, Portland, Oreg. 97208. The State of Colorado has waived the Sec. 4, N y N E y , NWy4. V irgil O. S eiser, T. 35 N., R. 13 W., preference right afforded it under sec­ Sec. 3, lots 2, 3, and 4, S W y N E y , SyN W y, tion 24 of the Federal Power Act of Chief, Branch of Lands. swy, swysEy; June 10,1920 (41 Stat. 1075), as amended [F.R. Doc. 70-468; Filed, Jan. 13, 1970; sec. 10, Ny2Nwy4, sw y 4Nwy4l w y s w y ; by the Act of May 28,1948 (62 Stat. 275). 8:46 a.m.] sec. 11, SEyNEy, sEysw y, NEysEy, 2. The lands formerly in Project No. sy 2S E y; 1886 are National Forest lands in the Geological Survey sec. 12, NEysEy, sysEy; Roosevelt National Forest. sec. 13, NwyNEy, NEyNwy, sy2Nwy, [Coal Land Classification Order 130] N w y s w y ; By virtue of the authority contained Sec. 14, W yNEy, SEyNWy, N E y sw y , in section 24 of the Federal Power Act COLORADO S E y ; of June 10, 1920 (41 Stat. 1075; 16 Sec. 15, N yN W y; U. S.C. 818), as amended, and pursuant to Coal Land Classification Secs. 16 and 17; the authority delegated to me by Bureau Pursuant to authority under the Act Sec. 18, lot 1, E y N E y , N E y N w y , N y Order No. 701 of July 23, 1964, as of March 3, 1879 (20 Stat. 394; 43 U.S.C. SEy.SEysEy; amended, it is ordered as follows. 31), and as delegated to me by Depart­ sec. 19, NEyNEy, sy2N E y, N y sE y , SEy 3. At 10 a.m. on February 5, 1970, the mental Order 2563, May 2, 1950, under SEy; lands described in paragraph 1 shall be authority of Reorganization Plan No. 3 Sec. 20* open to such forms of disposal as may by sec. 21, NyNEy, Nwy, Nyswy, swy of 1950 (64 Stat. 1262), the following de­ s w y ; law be made of National Forest lands. scribed lands, insofar as title thereto sec. 23, w y2E y , E y wy2; 4. The lands have been open to appli­ remains in the United States, are hereby Sec. 26, N w yN E y, wy2; cations and offers under the mineral classified as shown: leasing laws and to location under the Sec. 27, S E y SE y; N e w M exico P r incipal Meridian, Colorado sec. 28, w yN w y, sw y SEy; U.S. mining laws subject to the provi­ COAL LANDS Sec. 29; sions of the Act of August 11, 1955 (69 Sec. 30, N E y N E y , S y N E y , N E y sE y ; Stat. 682; 30U.S.C. 621). T. 34 N., R. 13 W., north of Ute line, Secs. 1 to 3, inclusive; sec. 33, w y N E y , s y s w y , s s y ; Inquiries concerning the lands should Sec. 4, S y N E y .S y ; sec. 34, NEy, EyNwy, sw y, N w y sE y ; be addressed to the Manager, Land Office, Secs. 9 to 12, inclusive. sec. 35, N w y N w y .

FEDERAL REGISTER, V O L 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 471 reclassified noncoal l a n d s fro m coal la n d s Sec. 8, lots 1, 2, and 3; Tract 62, that part microscope which had previously been Prior classification, of the following de­ in the N%NW^4 and the SE&NW&; imported for the use of the applicant scribed land as coal land is hereby revoked Tract 63, that part in the NE^4NE%; institution. This article is being fur­ and the land is reclassified as noncoal land: Sec. 9, lots 1, 3, 4, and 5; Tract 63, that nished by the manufacturer of the in­ part in the NW%NW^4; Tract 65, that T 34 N., R. 13 W., north of the Ute line, part in the SW^NE^, the NE^SEft, strument with which the article is Sec. 5,NW&NW%; and the NW^SE^; intended to be used. Sec. 7, lots 1 and 2. Sec. 10, Tract 65, that part in the NW*4 The Department of Commerce knows T. 35 N., R. 13 W., SW*4; Tract 67, that part in the of no similar accessory being manufac­ Sec. 32, SW%SWi4. SW %, the SE14 SW J4, and the SW >4 SE %; tured in the United States, which is Tract 69, that part in the NE^SW1/^ interchangeable with the foreign article The area described aggregates 20,172 Tract 70, th at part in the S ^ S E ^ j or can be readily adapted to the foreign acres, more or less, of which about Sec. 11, Tract 71, that part in the SE J4 instrument with which the article is 12,582 acres are classified coal lands; SW%; Tract 83, that part in the NE% intended to be used. about 159 acres, which were formerly SWy4 and the SE&SW,#; classified noncoal lands, are reclassified Sec. 14, Tract 70, that part in the NW1^ Charley M . D enton, coal lands; about 7,277 acres are classi­ NWy4 ; Tract 71, that; part in the Assistant Administrator for In­ fied noncoal lands; and about 154 acres, E ^ N W y 4 ; y dustry Operations, Business which were formerly classified coal lands, Sec. 15, Tract 70, that part in the NE% and Defense Services Admin­ are reclassified noncoal lands. NE}4. istration. Dated: January 5, 1970. The area described aggregates about JF.R. Doc. 70-451; Filed, Jan. 13, 1970; 2,162 acres, more or less, of which about 8:45 a.m.j W illiam A. R adlinski, 800 acres are classified coal" lands, Acting Director. about 301 acres which were formerly [P.R. Doc. 70-465; Filed. Jan. 13, 1970; classified noncpal lands are reclassified EVANSTON HOSPITAL 8:46 a.m.] coal lands, and about 1,061 acres are classified noncoal lands. Notice of Decision on Application for Duty-Free Entry of Scientific Article [Coal Land Classification Order 131] Dated: January 5,1970. The following is a decision on an ap­ COLORADO W illiam A. R adlinski, plication for duty-free entry of a scien­ Acting Director. tific article pursuant to section 6 (c) of Coal Land Classification [F.R. Doc. 70-466; Filed, Jan. 13, 1970; the Educational, Scientific, and Cultural Pursuant to authority under the Act 8:46 a.m.] Materials Importation Act of 1966 of March 3, 1879 (20 Stat. 394; 43 U.S.C. (Public Law 89-651, 80 Stat. 897) and 31), and as delegated to me by Depart­ the regulations issued thereunder as mental Order 2563, May 2, 1950, under amended (34 F.R. 15787 et seq.). authority of Reorganization Plan No. 3 DEPARTMENT OF COMMERCE A copy of the record pertaining to this of 1950 (64 Stat. 1262), tiie following de­ Business and Defense Services decision is available for public review scribed lands, insofar as title thereto during ordinary business hours of the remains in the United States, are hereby Administration Department of Commerce, at the Scien­ classified as shown; CALIFORNIA/ INSTITUTE OF tific Instrument Evaluation Division, Department of Commerce, Washington, New Mexico P rincipal M eridian, Colorado TECHNOLOGY D.C. COAL LANDS Notice of Decision on Application for Docket No. 69-00661-33-46040. Appli­ T. 35 N .,R . 11 W „ Duty-Free Entry of Scientific Article cant: Evanston Hospital, 2650 Ridge Sec. 1, SW%SW%; Avenue, Evanston, HI. 60201. Article: Sec. 2,Sy2SE}4; The following is a decision on an ap­ Electron microscope, Model Elmiskop Sec. 7, lots 10, 11, and 14, that part in the plication for duty-free entry of a scien­ 101. Manufacturer: Siemens A.G., West SW&SW14; Tract 59, that part in the tific article pursuant to section 6(c) of Germany. Intended use of article: The NWi/4SW!4 /2NE«/4, N W ^S E ^. Department of Commerce, Washington, D.C. cells from human patients and laboratory RECLASSIFIED coal lan ds from no nco al la n d s animals in hope to understand the rela­ Docket No. 69-00703-00-46040. Appli­ tionships between these cells and their en­ **rior classification of the following sub­ cant: California Institute of Technology, vironment under normal and abnormal divisions as noncoal lands is hereby revoked 1201 East California Boulevard, Pasa­ circumstances. and the lands are reclassified as coal lands: dena, Calif. 61109. Article: Specimen Comments: No comments have been re­ t 35 N„ r . 11 w „ chamber, No. 171-040(a). Manufacturer: ceived with respect to this application. Sc*i, 6. lots 13, and 15 to 17, inclusi Siemens A.G., West Germany. Intended Decision: Application approved. No in­ ?ract 58, that part in the SW&SW use of article: The article will be used NEy4SWi/4; to provide space for the miniature dif­ strument or apparatus of equivalent sci­ Sec. 7, lots 6 and 7; Tract 58, that part fraction lens for an electron microscope. entific value to the foreign article, for the NW^NW^; Tract 62, that part Comments: No comments have been re­ the purposes for which such article is the NW&NE& and the NE%NW%. intended to be used, is being manufac­ ceived with respect to this application. tured in the United States. Reasons: The NONCOAL LANDS Decision: Application approved. No in­ foreign article provides a minimum mag­ T- 35 N., R. 11 w „ strument or apparatus of equivalent nification of 285 diameters (X) for scan­ Sec-1, lot 16, SE14SW14, SW14SE14; scientific value to the foreign article, for ning purposes that can be increased 4 .7’ lots 5 and 9; Tract 58, th a t part i such purposes as this article is intended without changing a pole piece to 220,000, ®eSEi/4Nwy4; Tract 60, th at part in t i to be used, is being manufactured in the 250,000, or 220,000 X depending upon the Tract 61* that P?rt in tt Tract 62, that' part 1 United States. Reasons: The foreign required accelerating voltage. The most the NE14 NE % and the SE NE14; article is an accessory for an electron closely comparable domestic electron

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 472 NOTICES microscope available at the time the ap­ originally purchased from a domestic Instrument with which the article is in­ plication was submitted was the EMU- manufacturer (Varian Associates). This tended to be used. 413 which was then being manufactured component, however, is no longer being Charley M. D enton, by the Radio Corp of America (RCA) manufactured in the United States. It Assistant Administrator for In­ and is currently being produced by the is presently being produced by a Cana­ dustry Operations, Business Forgflo Corp. (Forgflo). The Model dian subsidiary of Varian Associates and Defense Services Admin­ EMU-4B electron microscope has a mag­ from which the article has been ordered. istration. nification range of 1400X to 240.000X or The Department of Commerce knows [F.R. Doc. 70-454; Filed, Jan. 13, 1970; 500X to 70.000X with a pole piece change. of no similar component being manu­ 8:45 a.m.] We are advised by the Department of factured in the United States which is Health, Education, and Welfare (HEW) interchangeable with the foreign article in a memorandum dated September 23, or may be readily adapted to the micro- NATIONAL BUREAU OF STANDARDS 1969 that for the purposes for which the wave oscillator with which it is intended Notice of Decision on Application for foreign article is intended to be used to be used. Duty-Free Entry of Scientific Article the magnification ranges provided by the Charley M . D enton, foreign article without changing a pole Assistant Administrator for In­ The following is a decision on an ap­ piece, is pertinent. For this reason, we dustry Operations, Business plication for duty-free entry of a scien­ find that the RCA Model EMU-4B elec­ and Defense Services Ad­ tific article pursuant to section 6(c) of tron microscope is not of equivalent sci­ ministration. the Educational, Scientific, and Cultural entific value to the foreign article for Materials Importation Act of 1966 (Pub­ [F.R. Doc. 70-453; Filed, Jan. 13, 1970; the reg­ the purposes for which such article is 8:45 ajn.] lic Law 89-651, 80 Stat. 897) and intended to be used. ulations issued thereunder as amended The Department of Commerce knows (34 F.R. 15787 et seq.). of no other instrument or apparatus of MASSACHUSETTS GENERAL HOSPITAL A copy of the record pertaining to this equivalent scientific value to the foreign decision is available for public review article, for such purposes as this article Notice of Decision on Application for during ordinary business hours of the is intended to be used, which was being Duty-Free Entry of Scientific Article Department of Commerce, at the Scien­ tific Instrument Evaluation Division, De­ manufactured in the United States at The following is a decision on an ap­ the time the applicant ordered the for­ partment of Commerce, Washington, plication for duty-free entry of a scien­ D.C. eign article. tific article pursuant to section 6 (c) of Charley M. D enton, Docket No. 69-00667-00-46040. Appli­ the Educational, Scientific, and Cultural cant: National Bureau of Standards, Assistant Administrator for In­ Materials Importation Act of 1966 (Pub­ dustry Operations, Business Route 70S and Quince Orchard Road, lic Law 89-651, 80 Stat. 897) and the reg­ Washington, D.C. 20234. Article: Large and Defense Services Admin­ ulations issued thereunder as amended istration. specimen chamber for Siemens Elmiskop (34 F.R. 15787 et seq.). I electron microscope. Manufacturer: [F.R. Doc. 70-452;' Filed, Jan. 13, 1970; A'copy of the record pertaining to this Siemens A.G., West Germany. Intended 8:45 a.m.] decision is available for public review use of article: The article will be used during ordinary business hours of the to modify an existing electron microscope HEALTH RESEARCH, INC Department of Commerce, at the Scien­ used for materials research. Comments: tific Instrument Evaluation Division, No comments have been received with Notice of Decision on Application for Department of Commerce, Washington, respect to this application. Decision: Duty-Free Entry of Scientific Article D.C. Application approved. No instrument or Docket No. 69-00706-00-46040. Appli­ apparatus of equivalent scientific value The following is a decision on an ap­ cant: Massachusetts General Hospital, to the foreign article for such purposes plication for duty-free entry of a scien­ Orthopedic Research, Parkman Street as this article is intended to be used, is tific article pursuant to section 6(c) of Gate, Boston, Mass. 02114. Article: being manufactured in the United States. the Educational, Scientific, and Cultural Shutter exposure meter, No. 171-460. Reasons: The foreign article is an ac­ Materials Importation Act of 1966 (Pub­ Manufacturer: Siemens A.G., West Ger­ cessory for an electron microscope which lic Law 89-651, 80 Stat. 897) and many. Intended use of article: The ar­ had previously been imported for the use the regulations issued thereunder as ticle will be used for exact measurement of the applicant institution. T his article amended (34 F.R. 15787 et seq.)v of the electron current falling on the is being furnished by the manufacturer A copy of the record pertaining to this final viewing screen and determination of the instrument with which the article decision is available for public review of the most favorable' exposure time in Ts intended to be used. during ordinary business hours of the order to obtain properly blackened nega­ The Department of Com m erce knows Department of Commerce, at the Scien­ tives of the tissue under study. Com­ of no similar accessory being manufac­ tific Instrument Evaluation Division, De­ ments: No comments have been received tured in the United States, which is in­ partment of Commerce, Washington, with respect to this application. Deci­ terchangeable with the foreign article D.C. sion: Application approved. No instru­ or can be readily adapted to -the foreign Docket No. 69-00670-00-41200. Appli­ ment or apparatus of equivalent scien­ instrument with which the article is in­ cant: Health Research, Inc., 666 Elm tific value to the foreign article, for such tended to be used. Street, Buffalo, N.Y. 14203. Article: Klys­ purposes as this article is intended to be Charley M. D enton, tron tube, Type VC 104. Manufacturer: used, is being manufactured in the Assistant Administrator for In­ Varian Associates, Inc., Canada. In­ United States. Reasons: The foreign ar­ dustry Operations, Business tended use of article: The article will be ticle is an accessory for an electron mi­ and Defense Services Admin­ used as a component to an existing in­ croscope which had previously been istration. strument for the study of radiation dam­ imported for the use of the applicant [F.R. Doc. 70-455; Filed, Jan. 13,, 1970, age. Comments. No comments have been institution. This article is being fur­ 8:45 a.m.j received with respect to this application. nished by the manufacturer of the in­ Decision: Application approved. No in­ strument with which the article is in­ strument or apparatus of equivalent sci­ tended to be used. STATE UNIVERSITY OF NEW YORK entific value to the foreign article, for Notice of Decision on Application fot such purposes as this article is intended The Department of Commerce knows to be used, is being manufactured in the of no similar accessory being manufac­ Duty-Free Entry of Scientific Article ^ United States. Reasons: The foreign tured in the United States, which is in­ The following is a decision on an ap­ article is a replacement component for terchangeable with the foreign article plication for duty-free entry of a scien­ a microwave oscillator'which had been or can be readily adapted to the foreign tific article pursuant to section 6(c;

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 473 the Educational, Scientific, and Cultural mens A.G., West Germany . Intended use These issuances effected the transfer Materials Importation Act of 1966 of article: The article will be used specifi­ of responsibility for the Department’s (Public Law 89-651, 80 Stat. 897) and cally for examining and characterizing Flanning-Programing-Budgeting Sys­ the regulations issued thereunder as finely powdered materials in vacuum at tem from the Director, Office of Program amended (34 F.R. 15787 et seq.). near . ambient temperatures. Powder Planning to the Assistant Secretary for A copy of the record pertaining to this characterization work requires simul­ Administration. decision is available for public review taneous insertion of up to 15 samples to A copy of the updated orgánization during ordinary business hours of the meet minimum research requirements. chart is attached,1 dated December 31, Department of Commerce, at the Scien­ Comments: No comments have been re­ 1969. tific Instrument Evaluation Division, ceived with respect to this application. Department of Commerce, Washington, Decision: Application approved. No in­ Effective date: December 31, 1969. D.C. strument or apparatus of equivalent Larry A. J obe, Docket No. 69-00666-65-07795. Appli­ scientific value to the foreign article, for Assistant Secretary cant: State University of New York, such purposes as this article is intended for Administration. Stony Brook, N.Y. 11790. Article: Periph­ to be used, is being manufactured in the [F.R. Doc. 70-510; Filed, Jan. 13, 1970; ery camera, Model RE. Manufacturer: United States. Reasons: The foreign 8:50 a.m .j Research Engineers Ltd., U.K. Intended article which is intended to be used to use of article: The article will be used compare 14 samples and one standard to study the overall stress and strain under uniform conditions, is designed to distributions in shell structures ranging accept a specimen stage which will allow DEPARTMENT OF HEALTH, EDU­ from everyday machinery to spacecraft. the insertion of 15 samples at once into Comments: No comments have been re­ the specimen chamber. The most closely ceived with respect to this application. comparable domestic electron micro­ CATION, AND WELFARE Decision: Application approved. No in­ scope available at the time the foreign Food and Drug Administration strument or apparatus of equivalent article was ordered was the EMU-4B [DESI11072] scientific value to the foreign article, for electron microscope which was then the purposes for which such article is being manufactured by the Radio Corp. RADIOPAQUE AGENTS CONTAINING intended to be used, is being manufac­ of America (RCA) and which is cur­ NEOMYCIN SULFATE tured in the United States. Reasons: The rently being produced by Forgflo Corp. foreign article is a pheriphery camera (Forgflo), The Model EMU-4B electron Drugs for Human Uso; Drug Efficacy which provides photographic surface re­ microscope can be equipped with a speci­ Study Implementation cording without geometrical distortion men holder that can accommodate six of cylindrical, three-dimensional 360° specimens for insertion into the chamber The Food and Drug Administration images onto a flat plane. This capability has evaluated reports received from the but not 15. National Academy of Sciences-National is pertinent to the purposes for which the We are advised by the National Bureau foreign article is intended to be used. Research Council, Drug Efficacy Study of Standards (NBS) in a memorandum Group, on the following contrast media: We are informed by the" National Bu­ dated September 8,1969, that the greater reau of Standards (NBS) in a memoran­ multiple sample capability of the foreign 1. Retropaque Solution; methiodal so­ dum dated September 15, 1969, that it article is pertinent to the purposes for dium 20 percent (weight/volume) and knows of no instrument or apparatus which the article is intended to be used. neomycin sulfate 4.2 percent (equivalent being manufactured in the United States NBS further advises that it knows of no to 2.5 percent neomycin base, weight/ which can be used for the applicant’s other instrument or apparatus of equiv­ volume); marketed by Winthrop Labora­ intended purposes. alent scientific value to the foreign* tories, Division of Sterling Drug, Inc., article, for such purposes as this article 90 Park Avenue, New York, N.Y. 10016 Charley M . D enton, (NDA 12-010). Assistant Administrator for is intended to be used, which is being manufactured in the United States. 2. Retrografin Solution; meglumine Industry Operations, Business diatrizoate 30 percent and neomycin and Defense Services Admin­ Charley M . D enton, sulfate equivalent to neomycin base 2.5 istration. Assistant Administrator for percent; marketed by E. R. Squibb & [F.R. Doc. 70-456; Piled, Jan. 13, 1970; Industry Operations, Business Sons, Inc., Georges Road, New Bruns­ 8:45 a.m.] and Defense Services Admin­ wick, N.J. 08903 (NDA 11-072), istration. The Food and Drug Administration [F.R. Doc. 70-457; Filed, Jan. 13, 1970; UNIVERSITY OF CALIFORNIA has concluded that there is a lack of 8:45 a.m.] substantial evidence that such drugs Notice of Decision on Application for have all the effects they purport or are Duty-Free Entry of Scientific Article Office of the Secretary represented to have under the conditions [Dept. Organization Order 1-1, Arndt. 1] of use recommended or suggested in their ..^ke following is a decision on an ap­ labeling and that each component of the plication for duty-free entry of a scien- MISSION AND ORGANIZATION combination drugs contributes to the ^ a rtic le pursuant to section 6(c) of total effects claimed for such drugs. Transfer of Responsibility for Plan- >jne Educational, Scientific, and Cultural Accordingly, the Commissioner of Food Materials . Importation Act of 1966 ning-Programing-Budgeting System public Law 89-651, 80 Stat. 897) and and Drugs intends to initiate proceedings e regulations issued thereunder as This material amends the material ap­ to amend the antibiotic drug regulations amended (34 F.R. 15787 et seq.). pearing at 34 F.R. 13284 of August 15, (21 CFR Part 148) where necessary to 1969. delete from the list of drugs acceptable rw ^opy record pertaining to this Department Organization Order 1-1, for certification those that contain the rinr-S10n *s. available for public review dated August 5, 1969, is hereby amended above-listed combinations. r»m!nSi. ordinary business hours of the as follows: department of Commerce, at the Scien- Prior to initiating such action, how­ The organization chart of August 5, ever, the Commissioner invites all in­ JhSfcrument Evaluation Division, terested persons who might be adversely D q rtment of Commerce, Washington, 1969, is hereby updated to reflect the changes effected by the following recent affected by removal of these drugs from issuances: the market to submit pertinent data cJJPif*. no- .69-00663-65-46040. Appli- D O O 1 0 -5 , ‘‘Assistant Secretary for Ad m in . bearing on the proposal within 30 days RadiQ«1Vrrs^y California, Lawrence istration,” of December 2, 1969; following the date of publication of this 808d 7inn\LaibOratory' Post ° ffice Box DOO 15-4, “Office of Policy Development,” announcement in the F ederal R egister. 94550 Avenue> Livermore, Calif. of December 2, 1969; and Modpi Electron microscope, DOO 20-3, “Office of Budget and Program Elmiskop 51. Manufacturer: Sie­ Analysis,” of December 4,1969. 1 Filed as part of the original document.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 474 NOTICES

The only material which will be consi­ the letters of: Aug. 18, 1969, OEP-271- tion, discouraged the development of pos­ dered acceptable for review must be well- DR, Mississippi—Aug. 18, 1^69; Aug. 22, sibly superior systems, was not required organized and consist of adequate and 1969, OEP-272-DR, Louisiana—Aug. 19, by any serious transportation need and well-controlled studies bearing on the 1969; and Aug. 26, 1969, OEP-274-DR, produced no significant public benefits. efficacy of the products, and not previ­ Virginia—Aug. 23, 1969, respectively). The instant amendment proposes to ously submitted. Such data should be S ec. B. Authority to redelegate. Each substitute for the exclusive provisions of identified with the reference number Regional Administrator is authorized to the original agreement (especially para­ DESI 11072 and be addressed to the Spe­ designate as a contracting officer, and to graph 12 thereof) provisions which will, cial Assistant for Drug Efficacy Study redelegate the authority delegated under in effect, permit the carriers to provide Implementation (MD-16), Bureau of section A to, the Assistant Regional Ad­ space availability information to, and Medicine, Food and Drug Administra­ ministrator for Administration and other enter into arrangements with, vendors tion, 200 C Street SW., Washington, D.C. Regional employees. _ who can meet or exceed the specifications 20204. (Sec. 7, Department of HUD Act, 42 U.S.C. established by the carriers for ATARS. This announcement' of the proposed 3535(d )) The ATC monitor is responsible for de­ action and implementation of the NAS- termining the adequacy of systems of­ NRC reports for these drugs is made to Effective date. This document is effec­ fered by vendors other than ATARCSI give notice to persons who might be tive as of August 26, 1969. and arbitration is provided in the event adversely affected by removal of these G eorge R o m ney , a vendor disagrees with the ATC moni­ drugs from the market. Secretary of Housing and tor’s determination. Firms listed above have been mailed Urban Development. On consideration of the foregoing, the a copy of the NAS-NRC report. Any in­ [F.R. Doc. 70-484; Filed, Jan. 13, 1970; Board concludes that a further oppor­ terested person may obtain a copy of the 8:48 a.m.] tunity should be provided for interested reports on these drugs by writing to the persons to comment on the amended Food and Drug Administration, Press agreement. Relations Office (CE-300), 200 C Street, Accordingly, it is ordered, That: SW., Washington, D.C. 20204. 1. Action on Agreement CAB 20953-A1 CIVIL AERONAUTICS BOARD be and it hereby is deferred; This notice is issued pursuant to the [Docket No. 20929; Order 70-1-39], 2. Interested persons are afforded a provisions of the Federal Food, Drug, ALASKA AIRLINES, INC., AND CON­ period of 20 days from the date of service and Cosmetic Act (secs. 502, 507, 52 Stat. of this order within which to file com­ 1050-51, as amended, 59 Stat. 463, as TINENTAL AIR LINES, INC. ments in support of or in opposition to amended; 21 U.S.C. 352, 357) and under the.agreement; 3 and the authority delegated to the Commis­ Common Automated Reservation Sys­ tem; Order Deferring Action and 3. Persons who have filed timely com­ sioner of Food and Drugs (21 CFR 2.120). ments in accordance with the preceding Dated; January 5,1970. Requesting Comments paragraph be afforded a further period of 10 days within which to file rebuttal S am D. F in e , Adoted by the Civil Aeronautics Board Acting Associate Commissioner at its office in Washington, D.C., on the comments.4 .. for Compliance. 8th day of January 1970. This order will be published in the On December 22; 1969, the Executive F ederal R egister. [F.R. Doc. 70-464; Filed, Jan. 13, 1970; Director of the Air Traffic Conference of By the Civil Aeronautics Board. 8:46 a.m.] America (ATC) on behalf of various ATC members1 filed; pursuant to section [ seal] H arry J. Zink, 412 of the Federal Aviation Act of 1958, Secretary. as amended (the Act) an amendment, {F.R. Doc. 70-498; Filed, Jan. 13, 1970; DEPARTMENT OF HOUSING AND designated CAB 20953-A1, to the agree­ 8:49 a.m.] URBAN DEVELOPMENT ment between the air carriers and Atar Computer Systems Inc. (ATARCSI) for [Dockets Nos. 21709-21711; Order 70-1-25] REGIONAL ADMINISTRATOR AND the development and implementation of a common automated reservations sys­ ~ FONTANA AVIATION, INC. DEPUTY REGIONAL ADMINISTRA­ tem. That amendment is attached hereto, Order To Show Cause Regarding TOR, REGION II (PHILADELPHIA); as an appendix.1“ REGION III (ATLANTA); AND RE­ In Order 69-7-74 the Board discussed Establishment of Service Mail Rates GION V (FORT WORTH) various aspects of the agreement, in­ Issued under delegated authority Jah" cluding the preliminary opposition to ap­ uary 6, 1970. Designation as Contracting Officer and proval of various parties including the The Postmaster General filed notices Delegation of Authority With Re­ Department of Justice, and requested of intent December 16, 1969, pursuant to spect to Disaster Relief Functions comments and rebuttal comments from 14 CFR Part 298, petitioning the Board interested persons'.* The opponents con­ to establish for the above captioned air S ection A. Designation and delegation. tended that the exclusive provisions of taxi operator final service mail rates pe^ The Regional Administrator and the the agreement guaranteed ATARCSI a Deputy Regional Administrator, Region great circle aircraft mile for the trans­ virtual monopoly in the field of airline portation of mail by aircraft as follows. II (Philadelphia), Region III (Atlanta), reservations which restrained competi- and Region V (Fort Worth), each is des­ Cents ignated as a contracting officer and is Docket Betw een authorized to enter into and administer 1 Alaska Airlines, Inc.; Continental Air Lines, Inc.; Delta Air Lines, Inc.; Eastern Air procurement contracts required within 21709 Ironwood arid Iron Mountain via ^ the region, and make related determina­ Lines, Inc.; Mohawk Airlines, Inc.; National Houghton, Mich...... Airlines, Inc.; Northeast Airlines, Inc.; North­ 21710 Iron Mountain, Mich., and Chicago, tions except determinations under sec­ west Airlines, Inc.; Trans World Airlines, 111., via Green, Bay and Milwaukee, ^ tions 302(c) (11), (12), and (13) of the Inc.; and United Air Lines, Inc. Wis______-...... Federal Property and Administrative 21711 Iron Mountain and Detroit via Lan- ^ gj la Appendix and exhibit filed as part of the sing, Mich...... - - - - ...... Services Act, as amended (41 U.S.C. original document. 252(c) (11), (12), and (13)), with re- 2 Order 69-7-74 also set the matter for spect to disaster relief functions pursu­ oral argument before the Board. By notice No protest or objection was ffied ant to Public Law 875, 81st Congress, as dated Aug. 28, 1969, the Board authorized against the proposed services during the grant of ATARCSI’s request for indefinite amended (42 U.S.C. 1855-1855g)'; Execu­ postponement of the oral argument pending tive Orders 10427 and 10737, as amended; a resolution of the revision which is the 8 An original and 19 copies d ^ 32 CFR Parts 1709 and 1710; and letters subject of this order. The Board shall defer ments should be filed with the from the Director, Office of Emergency decision on what, if any, further procedural Docket section. • . _„„„mnhs Preparedness, to the Secretary of Hous­ steps are required until after it has evaluated * The tim e periods provided by parag P ing and Urban Development (including the comments filed pursuant to this order. 2 and 3 will run consecutively.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 475 This order will be published in the time for filing such.objections. The Post­ 2. Further procedures herein shall be F ederal R egister. master General states that the Depart­ in accordance with 14 CFR, Part 302, as ment and the carrier agree that the specified in the attached appendix.8 [ seal] H arry J. Zin k , above are fair and reasonable rates of 3. This order shall be served upon Secretary, compensation for the proposed services Fontana Aviation, Inc., the Postmaster [F.R. Doc. 70-600; Filed, Jan. 13, 1970; and submits the cost data which Fontana General, Eastern Air Lines, Inc., North 8:49 am .] presented with its bid. The cost data Central Airlines, Inc., Northwest Air­ tend to support the requested rates. The lines, Inc., Ozark Air Lines, Inc., and [Docket No. 21433] Postmaster General believes these serv­ United Air lanes, Inc. ices will meet postal needs in the market. This order will be published in the NOVO CORP. AND ESTATE OF states the He air taxi plans to initiate F ederal R egister. EDWARD L. RICHTER mail service with twin-engine Beech Model H-18-S aircraft equipped for all- [seal] H arry J. Zin k , Notice of Hearing weather operation. Secretary. Notice is hereby given, pursuant to the It is in the public interest to fix. [F.R. Doc. 70-499; Filed, Jan. 13, 1970; Federal Aviation Act of 1958, as amended, determine, and establish the fair and 8:49 am .] that hearing in the above-entitled pro­ reasonable rates of compensation to be ceeding will be held on February 3, 1970, paid by the Postmaster General for the at 10 a.m., e.s.t., in Room 805, Universal proposed transportation of mail by air­ INTERNATIONAL AIR TRANSPORT Building, 1825 Connecticut Avenue NW., craft, the facilities used and useful ASSOCIATION Washington, D.C., before Examiner Ross therefor, and the services connected I. Newmann. therewith, between the aforesaid points. Order Relating to Specific Commodity For details of the issues involved in this Upon consideration of the notice of Rates proceeding, interested persons are refer­ intent and other matters officially Issued under delegated authority Jan­ red to the Prehearing Conference Report noticed, it is proposed to issue an order1 uary 6,1970. served on December 31, 1969, and other to include the following findings and An agreement has been filed with the documents which are in the docket of conclusions: Board pursuant to section 412(a) of the this proceeding on file in the Docket Sec­ The fair and reasonable final service Federal Aviation Act of 1958 (the Act) tion of the Civil Aeronautics Board. mail rates per great circle aircraft mile and Part 261 Of the Board’s economic Dated at Washington, D.C., January 5, to be paid to Fontana Aviation, Inc., regulations, between various air carriers, 1970. entirely by the Postmaster General pur­ foreign air carriers, and other carriers, suant to section 406 of the Act for the [seal] Ross I. N e w m a n n , embodied in the resolutions of the Joint Hearing Examiner. transportation of mail by aircraft, the Conferences of the International Air facilities used and useful therefor, and Transport Association (IATA), a n d [F.R. Doc. 70-501; Filed, Jan. 13, 1970; the services connected therewith, shall adopted pursuant to the provisions of 8:49 am ] be as follows: Resolution 590 dealing with specific com­ [Docket No. 21047] modity rates. Docket Betw een _ Cents The agreement, adopted pursuant to OVERSEAS NATIONAL AIRWAYS, 21709 Ironwood and Iron Mountain via unprotested notices to the carriers and INC. Houghton, Mich...... 49.91 promulgated in an IATA letter dated De­ 21710 Iron Mountain, Mich., and Chicago, Notice of Hearing 111., via Green Bay and Milwaukee, cember 23, 1969, names an additional W is...... 49.91 specific commodity rate, as set forth Notice is hereby given, pursuant to the 21711 Iron Mountain and Detroit via Lan­ sing,Mich...... ____- - --- 49.91 below, which reflects a significant reduc­ provisions of the Federal Aviation Act of tion from the general cargo rates. 1958, as amended, that a hearing in the Accordingly, pursuant to the Federal R-14: above-entitled proceeding is assigned to Aviation Act of 1958, and particularly Specific Commodity Item 4109—Aircraft be held on February 9, 1970, at 10 a.m., sections 204(a) and 406 thereof, and Engines and Parts of Aircraft—Exclud­ e.s.t., in Room 805, Universal Building, regulations promulgated in 14 CFR Part ing Fuselages, Wings, Aircraft Tail As­ 1825 Connecticut Avenue NW., Wash­ 302, 14 CFR Part 298/ and 14 CFR semblies, Stabilizers and/or Stabilators, ington, D.C., before the undersigned 63 cents per kg., minimum weight 1,000 examiner. 385.14(f): kgs. New York to Athens. It is ordered, That: For information concerning the issues Pursuant to authority duly delegated involved and other details in this pro­ 1. Fontana Aviation, Inc., the Post­by the Board hi the Board’s regulations, ceeding, interested persons are referred master General, Eastern Air Lines, Inc., 14 CFR 385.14, it is not found, on a tenta­ to Board Order 69-9-133, dated Septem­ North Central Airlines, Inc., Northwest tive basis, that the subject agreement is ber 24, 1969, the prehearing conference Airlines, Inc., Ozark Air Lines, Inc., adverse to the public interest or in vio­ report, served December 22, 1969, and United Air Lines, Inc., and all other lation of the Act, provided that tentative other documents which are in the docket interested persons are directed to show approval thereof is conditioned as here­ of this proceeding on file in the Docket cause why the Board should not adopt inafter ordered. the foregoing proposed findings and con­ Section of the Civil Aeronautics Board. clusions and fix, determine, and publish Accordingly, it is ordered, That: Dated at Washington, D.C., January the final rates for the transportation Action on Agreement CAB 21380, R-14, 8, 1970. be and hereby is deferred with a view of mail by aircraft, the facilities used toward eventual approval: Provided, [ seal] R obert L. P ark, and useful therefor, and the services That approval shall not constitute ap­ Hearing Examiner. connected therewith as specified above proval of the specific commodity de­ [F.R. Doc. 70-502; File£, Jan. 18, 1970; as the fair and reasonable rates of com­ scriptions contained therein for purposes 8:50 a.m.] pensation to be paid to Fontana Avia­ of tariff publication. tion, Inc.; Persons entitled to petition the Board [Docket No. 21474 etc.; Order 70-1-41] for review of this order, pursuant to the OZARK AIR LINES, INC. Board’s regulations, 14 CFR 385.50, may, As this order to show cause is not a final within 10 days after the date of service Reductions in Premium Freight Rates tion but merely affords interested persons on Live Creatures; Order Dismissing n opportunity to be heard on the matters of this order, file such petitions in sup­ tiT+K proPosed. it is not regarded as subject port of or in opposition to our proposed Complaints p l n orevi6w Provisions of Part 885 (14 CFR action herein. Adopted by the Civil Aeronautics 385)* These provisions for Board review st««* applicable to final action taken by th 4 Board at its office in Washington, D C., “ under authority delegated In § 385.14(g). * Filed as part of the original document. on the 9th day of January 1970.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 476 NOTICES

By tariff filed December 4, 1969, for The lawfulness jof Ozark’s proposed effectiveness January 18,1970, Ozark Air On August 28, 1969, certain supple­ tariff revisions is included in the scope of mental air carriers1 filed a joint petition Lines, Inc. (Ozark) proposes to (1) re­ the pending investigation, In the matter Docket 21355, for immediate suspension duce by 12.5 percent its premium general of Air Freight Rates on Live Animals and of the certificates of public convenience commodity rate surcharge (from 200 to Birds, instituted by Order 69-9-1491 ,1 ,1 and necessity held by Standard Airways 175 percent) on bulls cattle cats, chin­ dated September 29, 1969, in Docket Lie. (Standard) 1 and for institution of chillas, fish eggs, frogs,1 and horses; 1 (2) 21474 and no further order of investiga­ a proceeding to revoke Standard’s cer­ reduce by 25 percent (from 200 to 150 tion is necessary. tificates. On September 25,1969, Modem percent) its premium rates on fish (ex­ Although we are herein dismissing the Air Transport filed a similar petition cept tropical fish), seafood (except fish complaints filed against Ozark’s pro­ Docket 21464, for suspension of Stand­ or lobsters), and turtles; (3) maintain posal, the Board notes that Ozark has ard’s certificates and commencement of status quo at 200 percent on dogs, lady- not provided support for the revised revocation action. The petitions are bugs, lobsters, mink, monkeys, baby rates, and that its filing does not con­ based essentially upon allegations that poultry, tropical fish, and worms; and form to the procedures set out in Order Standard has failed to remain financially (4) reduce by 12.5 percent (from 200 to 69-9-149 nor to the provisions contained fit in violation of sections 401 (n) (4) and 175 percent) the premium rates on all in the Board’s regulations 14 CFR (5) of the Act. other live animals not specifically named 221.165. As indicated the proposed rates Standard filed answers in opposition above.1 are under investigation as well as those to the petitions.* Answers in opposition In support of its filing, Ozark states premium rates for which no changes are have also been filed by the applicants in that the reductions are “in light of CAB proposed. Docket 20694, H. J. Caldwell, et al„ and Order 69-9-149”. No other justification is With respect to Allied’s allegations that Charlotte Aircraft Corp. (hereinafter presented. Ozark’s tariff filing should be rejected called the “Caldwell group”) . The Cald­ Complaints have been received from because it has not conformed to the well group also seeks to intervene in any Allied American Bird Co., Docket 21701; Board’s rules of practice in economic proceeding instituted pursuant to the Aquarium Supply Co., Docket 21714; proceedings (14 CFR 302.8), the rules petitions and urges consolidation of Florida Tropical Fish Industries, Inc., do not include tariff revisions as a docu­ Docket 20694, the Caldwell group’s ap­ Docket 21697; Tampa Livestock Distrib­ ment for which service requirements are plication for approval of control of utors, Inc., Docket 21722; and United established when such tariff revisions are Standard.4 Pet Dealers, Inc., Docket 21698, request­ subject to an outstanding order of in­ Upon consideration of the pleadings ing suspension of Ozark’s filing. The vestigation nor has the Board construed and all the relevant facts, we have de­ complainants variously alleged that such regulation to include tariff filings cided to institute an investigation pur­ Ozark has not provided justification for within the scope of this section. There is, suant to section 401 (n) (4) of the Act to the proposed reduction in rates as re­ therefore, no basis to reject the tariff determine if Standard has failed to com­ quired by the Board’s regulations, 14 CFR proposal upon the grounds urged by ply with the continuing requirement that 221.165, that there is no rational basis Allied. it be fit, willing, and able to perform the for Ozark to reduce the rates on some Accordingly, pursuant to the Federal transportation authorized by its certifi­ live animals and not on others, and that Aviation Act of 1958 and particularly cates and whether to modify, suspend, such action by Ozark discriminates sections 204(a) and 1002 thereof, or revoke the carrier’s certificates. We against the shipper of tropical fish. Allied It is ordered, That: will deny the requests for immediate has further alleged that Ozark’s tariff 1. The complaints in Dockets 21697, suspension of Standard’s certificates un­ filing has not conformed to the Board’s 21698, 21701, 21714, and 21722 are der section 401 (n) (5) of the Act. rules contained in § 302.8, service of dismissed. Standard has experienced extreme fi­ documents, and therefore, should be nancial difficulties in recent months and rejected. 2. Copies of this order shall be served upon Florida Tropical Fish Industries, restorative effortsB have apparently been Upon consideration of the complaints Inc., and Tampa Livestock Distributors, unsuccessful. On September 24, 1969, and other relevant matters, the Board Inc., which are hereby made parties to Standard filed a petition under Chapter will permit Ozar’s rate reductions to be­ this proceeding and shall also be served X of the Bankruptcy Act and on Octo­ come effective and will dismiss the com­ upon all other parties in Docket 21474. ber 1, 1969, a Trustee was appointed plaints. The reductions proposed, while (D.W.D. Washington, Northern Division, token, will provide some benefit to the This order will be published in the No. 65745). The carrier has ceased op­ shipper of those creatures to which the F ederal R egister. erations and relinquished to the FAA its reductions apply. No shipper has al­ By the Civil Aeronautics Board. operating certificate. In these circum­ leged that the reductions will adversely stances we do not find that immediate affect the traffic or sales on other crea­ [seal] H arry J. Zin k , suspension of Standard’s certificates of tures for which no reductions are pro­ Secretary. public convenience and necessity is re­ posed. Allied acknowledges that it does [F.R. Doc. 70-503; Filed, Jan. 13, 1970; quired in the interest of the rights, wel­ not use the services of Ozark and that its 8:50 a.m.] fare, and safety of the public.8 On the protest is filed as a matter of principle.1 other hand, section 401 (n) (4) of the Act In these circumstances the Board finds no basis for suspension of the proposed [Docket No. 21355 etc.; Order 70-1-28] rate reductions. 1 Saturn, Trans International, and World. STANDARD AIRWAYS, INC. * Standard holds certificates authorizing Order of Investigation Regarding It to engage In supplemental air transporta­ 1 The reduction cited reflects the applica­ tion between points within the United tion of the generic live animal rating, as Certificates of Public Convenience States, Order E-25535, and between points in Ozark does not specifically state a percentage and Necessity the United States and points in Mexico, rating on bulls, cattle, frogs, and horses, ap­ Canada, and the Caribbean, Order 68-12-134. parently for the reason that the carrier will Adopted by the Civil Aeronautics 3 We shall grant Standard’s request to file not accept such creatures. Ozark’s tariffs, Board at its office in Washington, D.C., an unauthorized document to answer the however, do not state such non-acceptance, on the 6th day of January 1970. Joint petition in Docket 21355. nor are embargo notices thereon, pursuant 4 The Caldwell group also moved to dismiss to Part 228 of the Board’s regulations, on file the Modern Air petition on various pro­ with the Board. 4 See also Order 69-12-102 dated Dec. 23,cedural grounds which we find it unneces­ 2 By tariff definition, the term “live ani­ 1969, in Docket 21474, wherein the Board sary to reach. mals’’ means “all mammals (other than hu­ stated it would defer for a reasonable period 3 By Order 69-8-73, dated Aug. 13, 1969, mans) , birds, fish, Crustacea, shellfish, further procedural steps to allow carriers the we granted the Caldwell group a waiver of insects, reptiles, worms and amphibia.” opportunity to make tariff filings which will the Sherman Doctrine with respect to an 3 Where, as in this case, it appears that cancel the existing premium and specific application to control Standard. Allied does not use the service of Ozark, and commodity rates and reestablish rates or •Suspension under section 401 (n) (5) re­ no contention is made that it will be injured modifications thereof as the carriers are able mains available to the Board, however, by the proposed rates, its request for suspen­ to support. The Board expects such filings to should Standard decide to reinstitute its sion burdens the Board’s administrative be made promptly and that such refilings be service without meeting the fitness require­ processes and borders on the frivolous. made on not less than 60 days posting notice. m ents of section 401 (n) (4).

FEDERAL REGISTER, V O L 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 477

Imposes a continuing requirement on a suant to section 408 of the Federal Avia­ supplemental air carrier to be fit, willing, tion Act of 1958, as amended. FEDERAL RESERVE SYSTEM and able to perform the transportation Notice is hereby given that a prehear­ FIRST AT ORLANDO CORP. authorized by its certificate. In view of ing conference in the above-entitled Standard’s financial condition, the pend­ matter is assigned to be held on Febru­ Order Approving Acquisition of Bank ency of Chapter X proceedings and cessa­ ary 2, 1970, at 10 a.m. in Room 805, Stock by Bank Holding Company tion of operations, there is a question Universal Building, 1825 Connecticut whether Standard has failed to meet its Avenue NW., Washington, D.C., before In the matter of the application of continuing obligations of fitness, willing­ Examiner E. Robert Seaver. First at Orlando Corp., Orlando, Fla., ness, and ability in violation of section Requests for information and evi­ for approval of acquisition of at least 401 (n) of the Act. We shall therefore in­ dence, proposed statements of issues, 80 percent of the voting shares of First stitute a proceeding in Docket 21355, et proposed procedural dates, should be National Bank of Melbourne, Melbourne, al., to determine whether to modify, filed with the Examiner, Bureau Counsel, Fla. suspend, or revoke Standard’s certifi­ and the applicants on or before Janu­ There has come before the Board of cates of public convenience and neces­ ary 26, 1970. Governors, pursuant to section 3(a)(3) sity to which the supplemental air Dated at Washington, D.C., January 8, of the Bank Holding Company Act of carrier petitioners and the Trustee for 1970. 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 Standard shall be parties. The question of (a) of Federal Reserve Regulation Y (12 Standard’s fitness is separate from the [seal] T homas L. W renn, CFR 222.3(a)), an application by First control issues raised by the Caldwell Chief Examiner. at Orlando Corp., Orlando, Fla., a reg­ group’s application. Accordingly, we shall [F.R. Doc. 70-505; Piled, Jan. 13, 1970; istered bank holding company, for the deny the request to consolidate the pro­ 8:50 a.m.] Board’s prior approval of the acquisition ceedings and we shall grant the Cald­ of at least 80 percent of the voting shares well group’s petition for leave to [Docket No. 19750; Order 70-1-40] of First National Bank of Melbourne, intervene to permit them to protect their Melbourne, Fla. interest in Standard. WESTERN AIR LINES, INC. ET AL. As required by section 3(b) of the Act, Accordingly, it is ordered, That: Order Dismissing Investigation Re­ the Board gave written notice of receipt 1. An investigation be instituted in garding Commuter Fare Increases of the application to the Comptroller of Docket 21355 et al., to determine whether Between Las Vegas and Los the Currency and requested his views and recommendation. The Comptroller rec­ the certificates of public convenience and Angeles necessity for supplemental air trans­ ommended approval of the application. portation of Standard Airways, Inc., Adopted by the Civil Aeronautics Notice of receipt of the application was Board at its office in Washington, D.C., should be modified, suspended, or re­ published in the F ederal R egister on voked for failure to comply with section on the 8th day of January 1970. 401 (n) of the Act; By Orders E-26573, dated March 26, September 9, 1969 (34 F.R. 14189), pro­ viding an opportunity for interested per­ 2. Standard Airways, Inc., its Trustee, 1968,1 and E-26942, dated June 19, 1968, Saturn Airways, Inc., Trans Interna­ the Board ordered an investigation of sons to submit comments and views with tional Airlines, Inc., World Airways, Inc., commuter fare increases from $13 to respect to the proposal. A copy of the Modem Air Transport, Inc., and the ap­ $15 between Las Vegas and Los Angeles application was forwarded to the U.S. plicants in Docket 20694 are hereby made filed by Trans World Airlines, Inc., West­ Department of Justice for its considera­ parties to this proceeding; ern Air Lines, Inc., and United Air Lines, Inc. These fare increases were filed to tion. Time for filing comments and views 3. Except to the extent granted herein, meet the competitive fare of Bonanza has expired and all those received have the petitions in Dockets 21355 and 21464 Air Lines, Inc. No complaints were filed been considered by the Board. and the petitions of the Caldwell group against the increases, and no further be and they hereby are denied; It is hereby ordered, for the reasons procedural steps have been taken in the set forth in the Board’s statement1 of 4. The motion of Standard Airways, investigation. Inc., for leave to file an unauthorized In February 1969, the Board permitted this date, that said application be and document in Docket 21355, be and it general increases in fares, which in­ hereby is approved: Provided, That the hereby is granted; and cluded an increase in the Las Vegas-Los acquisition so approved shall not be con­ 5. Copies of this order shall be served Angeles commuter fare from $15 to $17. summated (a) before the 30th calendar on the Referee and Trustee in the above- Further increases in-these fares to $20 day following the date of this order or mentioned bankruptcy proceeding. became effective in December of 1969. (b) later than 3 months after the date of This order shall be published in the In view of these subsequent develop­ this order, unless such period is extended Federal R egister. ments, the Board has determined to dis­ miss the investigation in Docket 19750. for good cause by the Board, or by the By the Civil Aeronautics Board. Accordingly, pursuant to the Federal Federal Reserve Bank of Atlanta, pur­ *-SEALI H arry J. Zin k , Aviation Act of 1958, and particularly suant to delegated authority. Secretary. sections 204(a), 403, 404, and 1002 thereof, Dated at Washington, D.C., this 30th [Fit. Doc. 70-504; Piled, Jan. 13, 1970; day of December 1969. 8:50 a.m.] It is ordered, That: 1. The investigation in Docket 19750 By order of the Board of Governors.2 is dismissed. [ seal] K enneth A. K e n y o n , [Docket No. 21413] 2. This order will be served on Trans Deputy Secretary. World Airlines, Inc., United Air Lines, TRANSAMERICA CORP. ET AL. [F.R. Doc. 70-461; Piled, Jan. 13, 1970; Inc., and Western Air Lines, Inc. 8:46 a.m.j Notice of Prehearing Conference This order will be published in the F ederal R egister. Joint application of Transamerica Cor 1 Piled as part of the original document. Poration, Tron Van Corp., Lyon Van i By the Civil Aeronautics Board: Copies available upon request to the Board orage Co. (California), Lyon Vai [ seal] H arry J . Zin k , of Governors of the Federal Reserve System, es, inc. (California), Lyon Van t Washington, D.C. 20551, or to the Federal 5 ^ ® Co- (Washington), Lyon Van i Secretary. Reserve Bank of Atlanta. Inc* (Oregon), and Lyoi [F.R. Doc. 70-506; Piled, Jan. 13, 1970; 3 Voting for this action: Vice Chairman & Storage Co. (Arizona) for a dis 8:50 am .] Robertson and Governors Daane, Maisel, Brimmer, and Sherrill. Absent and not vot­ c aimer of jurisdiction, or altemativel: 1 The suspension in that order was vacated ing: Chairman Martin and Governor or an exemption from, or approval pur' by Order E-26758, dated May 6, 1968. Mitchell.

No. FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY J 4 , 1970 478 NOTICES

SEATTLE TRUST AND SAVINGS BANK Washington office of the Federal Mari­ from the provisions of section 17(a) a time Commission, 1405 I Street NW„ certain transaction incident to the pro­ Order Approving Merger of Banks Room 1202, or may inspect the agreement posed modification of the terms of war­ In the matter of the application of at the offices of the District Managers, rants, held by Pathe, for the purchase of Seattle Trust and Savings Bank for ap­ New York, N.Y., New Orleans, La., and 209,220 shares of common stock ($1.20 proval of merger with Cle Elum State San Francisco, Calif. Comments on such par value) of Perfect Film & Chemical Bank. agreements, including requests for hear­ Corp. (“Perfect”), an affiliated person There has come before the Board of ing, may be submitted to the Secretary, of Pathe. Governors, pursuant to the Bank Merger Federal Maritime Commission, 1405 I Pathe and Perfect are affiliated persons Act (12 U.S.C. 1828(c)), an application Street NW., Washington, D.C. 20573, of each other within the meaning of by Seattle Trust and Savings Bank, within 20 days after publication of this section 2(a) (3) of the Act by virtue of Seattle, Wash., a State member bank notice in the F ederal R egister. Any per­ Perfect’s ownership of 9.5 percent of the of the Federal Reserve System, for the son desiring a hearing on the proposed common stock of Pathe outstanding. The Board’s prior approval of the merger of agreement shall provide a clear and con­ modification of the warrants is proposed that bank and Cle Elum State Bank, Cle cise statement of the matters upon which pursuant to the terms of an agreement Elum, Wash., under the charter and they desire to adduce evidence. An allega­ dated September 15,1969 (“Agreement”) name of Seattle Trust and Savings Bank. tion of discrimination or unfairness shall between Perfect, Pathe, and Pathe As an incident to the merger, the two be accompanied by a statement describ­ Laboratories, Inc. (“Laboratories”), a offices of Cle Elum State Bank would be­ ing the discrimination or unfairness with fully owned subsidiary company of come branches of the resulting bank. particularity. If a violation of the Act Pathe. Notice of the proposed merger, in form or detriment to the commerce of the In October 1967, Perfect purchased approved by the Board, has been pub­ United States is alleged, the statement substantially all the assets of Labora­ lished pursuant to said Act. shall set forth with particularity the acts tories in consideration of the assump­ Upon consideration of all relevant ma­ and circumstances said to constitute such tion by Perfect of substantially all the terial in the light of the factors set forth violation or detriment to commerce. recorded liabilities of Laboratories and of in said Act, including reports furnished A copy of any such statement should the payment of cash and the delivery of by the Comptroller of the Currency, the also be forwarded to the party filing the Perfect securities to Laboratories, includ­ Federal Deposit Insurance Corporation, agreement (as indicated hereinafter) ing the warrants to purchase 209,220 and the Attorney General on the com­ and the statement should indicate that shares of Perfect’s common stock. The petitive factors involved in the proposed this has been done. application states that it was the ex­ merger, Notice of agreement filed by: pectation of the respective companies It is hereby ordered, for the reasons Charles F. Warren, Esq., 1100 Connecticut that the warrants would first be distrib­ set forth in the Board’s statement1 of Avenue NW., Washington, D.C. 20036. uted as a dividend by Laboratories this date, that said application be and Agreement No. 9731-2, between the through an intermediate subsidiary to hereby is approved: Provided, That said NYK Lines and Showa Shipping Co., Pathe, and that, thereafter, the war­ merger shall not be consummated (a) be­ Ltd., which sanctions the joint operation rants would be distributed to the stock­ fore the 30th calendar day following the of a containership service between Japan holders of Pathe pursuant to a registra­ date of this order or (b) later than 3 and the Pacific Coast of the United States tion statement to be filed by Perfect months after the date of this order un­ including Alaska and Hawaii, would under the Securities Act of 1933. less such period is extended for good modify the basic agreement by deleting Each warrant entitles the holder to cause by the Board or by the Federal Oregon and Washington from its scope. purchase one share of Perfect common Reserve Bank of San Francisco pursuant These states are to be served by NYK stock at the lesser of $48 a share or the to delegated authority. average of the high and low prices of and Showa along with four other Japa­ Perfect’s common stock on the New York Dated at Washington, D.C., this 7th nese flag lines pursuant to the terms and Stock Exchange on the day preceding day of January 1970. conditions of proposed Agreement No. 9835. the effective date of the registration By order of the Board of Governors.2 statement under the Securities Act of Dated: January 9,1970. 1933 relating to public distribution of [ seal] K enneth A. K en yo n , the warrants. The terms of the warrants Deputy Secretary. By order of the Federal Maritime Com­ mission. also provide for an exercise period of 14 [F.R. Doc. 70-462; Filed, Jan. 13, 1970; months from the date of distribution of F rancis C. H urn ey , 8:46 a.m.] Secretary. the warrants to the Pathe stockholders, but not beyond December 31, 1969. [F.R. Doc. 70-485; Filed, Jan. 13, 1970; A registration statement covering, 8:48 a.m.] among other things, the distribution of FEDERAL MARITIME COMMISSION the 209,220 warrants to the Pathe stock­ NYK LINES AND SHOWA SHIPPING holders was filed by Perfect with the Commission on July 25,1968. CO., LTD. SECURITIES AND EXCHANGE The closing price of Perfect common Notice of Agreement Filed stock on the New York Stock Exchange COMMISSION was 15% on September 15,1969, the date Notice is hereby given that the follow­ [812-2634] of the Agreement, and 13% on Decem­ ing agreement has been filed with the ber 17, 1969. Commission for approval pursuant to PATHE INDUSTRIES, INC. It is proposed, pursuant to the provi­ section 15 of the Shipping Act, 1916, as Notice and Order for Hearing on Ap­ amended (39 Stat. 733, 75 Stat. 763, 46 sions of the Agreement, to modify the U.S.C. 814). plication for Order Exempting Pro­ terms of the warrants so as to provide (D Interested parties may inspect and ob­ posed Transaction that the warrants, as modified, will be tain a copy of the agreement at the exercisable for a period of 14 months J anuary 6, 1970. commencing with the date that the regis­ Notice is hereby given that Pathe In­ tration statement becomes effective, and 1 Filed as part of the original document. dustries, Inc. (“Pathe”), 1416 Northern (2) that the exercise price of the war­ Copies available upon request to the Board Boulevard, Manhasset, N.Y., a Delaware rants, as modified, is to be the lesser of of Governors of the Federal Reserve System, corporation which is registered as a $48 per share or 125 percent of the aver­ Washington, D.C. 20561, or to the Federal Reserve Bank of San Francisco. closed-end, nondiversified, management age closing market prices for Perfects 2Voting for this action: Governors Rob­ investment company under the Invest­ common stock on the New York Stock ertson, Mitchell, Daane, Maisel and Sherrill. ment Company Act of 1940 (“Act”), has Exchange for the thirty (30) trading Absent and not voting : Chairman Martin and filed an application pursuant to section days immediately preceding the effective Governor Brimmer. 17 (b) of the Act for an order exempting date of the registration statement.

FEDERAL REGISTER, VOL. 35, NO, 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 479

Under the Agreement, new warrants or by such application. Persons filing an public interest and for the protection of containing the revised terms are to be application to participate or be heard investors; issued by Perfect to Pathe in exchange will receive notice of any adjournment of It is ordered, Pursuant to section 15 for the surrender of the existing the hearing as well as other actions of (c) (5) of the Securities Exchange Act warrants. the Commission involving the subject of 1934, that trading in such securities The application states that the boards matter of this proceeding. otherwise than on a national securities of directors of the respective parties to * It is further ordered, That any officer exchange be summarily suspended, this the Agreement authorized the execution or officers of the Commission, designated order to be effective for the period of the Agreement. by it for that purpose, shall preside at January 7, 1970, through January 16, Subsequent to the execution of the said hearing. The officer so designated is 1970, both dates inclusive. Agreement dated September 15, 1969, as hereby authorized to exercise all the By the Commission. a result of a meeting of Perfect stock­ power granted to the Commission under holders held to elect directors, the mem­ sections 41 and 42(b) of the Act and to [SEAL] ORVAL L. DUBOIS, bership of Perfect’s board of directors a hearing officer under the Commission’s Secretary. was changed substantially. Thereafter, rules of practice. [F.R. Doc, 70-470; Filed, Jan. 13, 1970; on November 13, 1969, Perfect filed with The Division of Corporate Regulation 8:46 a.m.] the Commission, pursuant to Rule 477 having advised the Commission that it under the Securities Act of 1933, a re­ has made a preliminary examination of quest that the registration statement be the application, and that upon the basis withdrawn. thereof the following matters and ques­ SMALL BUSINESS Section 17(a) of the Act, as here per­ tions are presented for consideration, tinent, prohibits an affiliated person of a without prejudice to its specifying addi­ ADMINISTRATION registered investment company from tional matters and questions upon fur­ knowingly selling to or purchasing from ther examination: STAR CAPITAL CORP. such registered company any securities (1) Whether the terms of the proposed or other property. Section 17(b) provides Notice of Issuance of Small Business transaction, including the consideration Investment Company License that the Commission, upon application, to be paid or received, are reasonable and may grant an exemption from the pro­ fair and do not involve overreaching on On November 27, 1969, a notice of ap­ visions of section 17 (a) after finding that plication for a license as a small busi­ the terms of the proposed transaction, the part of any person concerned; (2) Whether the proposed transaction ness investment company was published including the consideration to be paid in the F ederal R egister (34 F.R. 19003) or received, are reasonable and fair and is consistent with the policy of Pathe, as recited in its registration statement stating that an application had been do not involve overreaching on the part filed with the Small Business Adminis­ of any person concerned and that the and reports filed pursuant to the Act; and tration (SBA) pursuant to § 107.102 of proposed transaction is consistent with the regulations governing Small Business the policy of such registered investment (3) Whether the proposed transaction Investment Companies (13 CFR Part 107, company and with the general purposes is consistent with the general purposes 33 F.R. 326) for a license as a small of the Act. Since the proposed modifica­ of the Act: business investment company by Star tion constitutes a sale by Perfect of the It is further ordered, That at the Capital Corp., 663 Fifth Avenue, New warrants, as modified, and a purchase by aforesaid hearing attention be given to York, N.Y. 10022. Perfect of the original warrants, the pro­ the foregoing matters. Interested parties were given to the posed modification is prohibited by sec­ It is further ordered, That the Secre­ close of business December 7, 1969, to tion 17(a) unless exempted pursuant to tary of the Commission shall give notice submit their written comments to SBA. section 17 (b). of the aforesaid hearing by mailing a No comments were received. Pathe contends that the terms of the copy of this notice and order by certified Notice is hereby given that pursuant proposed transaction are fair and rea­ mail to Pathe Industries, Inc., and Pathe to section 301(c) of the Small Business sonable, that there has been no over­ Laboratories, Inc., at the address noted Investment Act of 1958, as amended, reaching on the part of any person con­ hereinabove and to Shelden Feinberg, after having considered the application cerned and that the proposed transaction president, Perfect Film • & Chemical and all other pertinent information and is consistent with the investment policy Corp., 641 Lexington Avenue, New York, facts with regard thereto, SBA has issued of Pathe and with the general purposes N.Y. 10022, and that notice to all other of the Act. License No. 02/02-0272 to Star Capital persons be given by publication of this Corp'. to operate as a small business It appearing to the Commission that notice and order in the F ederal R egister, investment company. it is appropriate in the public interest and that a.-general release of this Com­ and in the interest of investors that a mission in respect of this notice and Dated: January 2, 1970. hearing be held with respect to the order be distributed to the press and J ames T . P helan, application: mailed to the mailing list for releases. Acting Associate Administrator It is ordered, Pursuant to section 40(a) for Investment. of the Act, that a hearing on the afore­ By the Commission. [F.R. Doc. 70-471; Filed, Jan. 13, 1970; said application under the applicable [ seal] ^ O r val L. D tjB o is, provisions of the Act and of the rules Secretary. 8:47 a.m.] of the Commission thereunder be held [F.R. Doc. 70-469; Filed,, Jan. 13, 1970; ?n ^ay February 1970, at 8:46 a.m.] 10 a.m., in the offices of the Securities and Exchange Commission, 500 North FEDERAL COMMUNICATIONS Capitol Street NW., Washington, D.C. [File No. 500-1] 20549. At such time the Hearing Room ULTRA JET INDUSTRIES, INC. COMMISSION Clerk will advise as to the room in which [Dockets Nos. 18602,18603; FCC 70R-6] such hearing will be held. Any person Order'Suspending Trading desiring to be heard or otherwise wishing NATIONAL BROADCASTING COM­ to participate in this proceeding is di­ J anuary 7, 1970. PANY , INC., AND VOICE OF LOS rected to file with the Secretary of the It appearing to the Securities and Ex­ ANGELES, INC. Commission his application as providèd change Commission that the summary by Rule 9(c) of the Commissiofi’s rules suspension of trading in the common Memorandum Opinion and Order . .Practice, on or before the date pro­ stock of Ultra Jet Industries, Inc., a Enlarging Issues vided in the rule, setting forth any issues Florida corporation, and all other secu­ oi law or fact which he desires to con­ rities of Ultra Jet Industries, Inc., being In regard applications of National trovert or any additional issues which traded otherwise than on a national Broadcasting Co., Inc. (KNBC), Los de deems raised by this notice and order securities exchange is required in the Angeles, Calif., Docket No. 18602, File

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 480 NOTICES

No. BRCT-81, for renewal of broadcast other parties to seek to obtain such in­ Voice asserts, NBC is guilty of “gross license, and Voice of Los Angeles, Inc., formation as may, by law, be made avail­ negligence” in failing to exercise proper Los Angeles, Calif., Docket No. 18603, File able; Voice’s present general request for supervision of the shows, and, therefore, No. BPCT-4192, for construction permit “open files” does not comply with those the requested issue is warranted. for new television broadcast station. procedures and cannot be seriously en­ 5. In opposition, NBC alleges that the 1. This proceeding involves the mu­ tertained.3 Finally, whether disqualifying operative facts as to station exchange tually exclusive applications of National issues in a particular case are warranted occurred over 14 years ago; that NBC has Broadcasting Co., Inc. (NBC), which depends not so much upon jurispruden­ been operating in Cleveland since 1964 seeks renewal of its license to operate tial notions as to the latitude to be given and the station’s license was renewed in Station KNBC on Channel 4, Los Angeles, Hearing Examiners, but upon the par­ 1967 without qualification; and that, in Calif., and Voice of Los Angeles, Inc. ticular factually substantiated allega­ all, since 1964 the Commission has re­ (Voice), which requests a construction tions made in support of the requested newed the licenses of each of NBC’s permit for the same facility. By memo­ issue. With this in view, we turn to broadcast stations, including KNBC, at randum opinion and order, FCC 69-762, Voice’s specific requests for issues. least once. Thus, NBC concludes, the released July 16, 1969, the Commission Commission’s actions since the exchange designated the applications for hearing, ^ S tation E xchange; “T ic -T ac-D ough” and “T w e n t y -O n e ” of stations “preclude imposition” of a specifying a limited financial issue re­ special issue. Similarly opposing the re­ lating to Voice and a standard compara­ (REQUESTED ISSUES 1 AND 2) quest for an issue concerning “Tic-Tac- tive issue. Presently before the Review 4. Under these issues, Voice seeks in­Dough” and “Twenty-One”, NBC avers Board is a petition to enlarge issues, filed quiry into NBC’s role in (1) the coerced that it was as much deceived as was the August 8, 1969, by Voice seeking addition exchange of NBC’s Cleveland stations public and was no less diligent in its of sixteen separate issues to this pro­ with Westinghouse’s Philadelphia sta­ reactionTthan were the other networks ceeding.1 The issues will be considered tions and (2) the deceptions perpetrated or the Government investigators, and in sequence and grouped as seems in the quiz programs “Tic-Tac-Dough” that it has subsequently established a appropriate. and “Twenty-One”. In support of its first separate department to safeguard the 2. In its prefatory remarks Voice as­ requested issue, Voice traces the factual integrity of its programs. The “Tic-Tac- serts that certain of the matters as to and legal history of the exchange which Dough” and “Twenty-One” situations which it requests issues could be con­ culminated in the Commission’s charac­ were well known to the Commission, NBC sidered under the standard comparative terization of the exchange as a “muscling urges, yet no issue was specified; hence, issue; but, it insists, United Church of job” and as “coercive” (National Broad­ it concludes, no purpose would be served Christ v. FCC2 imposes “special obliga­ casting Company, Inc., 37 FCC 427, 2 RR . in rehashing past history.- The Broad­ tions” on the Commission when deal­ 2d 921 (1964)). Voice notes that NBC was cast Bureau also opposes addition of the ing with renewal applications such as ordered to restore the Philadelphia sta­ requested issues on the ground that these KNBC’s. Specifically, Voice urges, United tions to Westinghouse and to take back matters- have been previously adjudi­ Church of Christ requires the addition its Cleveland stations, and requests in­ cated in National Broadcasting Com­ of disqualifying issues so that the Ex­ quiry to determine the extent to which pany, Inc., supra, and Melody Music, Inc., aminer is given the “broadest latitude” NBC’s basic and comparative qualifica­ supra. Upon a showing that these ques­ in resolving the public interest questions tions are consequently impaired. The tions are germane, the Bureau suggests, raised. Voice also maintains that, con­ circumstances of the exchange itself, Voice may seek to have the Examiner sistent with United Church of Christ, the Voice suggests, raise questions as to take official notice of the relevant facts burdens of proceeding and proof on all NBC’s basic and comparative qualifica­ under the existing issues; but no sepa­ of the requested issues should be placed tions, and require imposition of an issue. rate issues, it insists, are warranted. In on NBC; the Commission should “open Because the reported decisions on the reply, Voice asserts that the Commis­ its files” concerning NBC to Voice, and exchange of stations contain abundant sion’s action in the station exchange case the other parties in the proceeding; and factual information, Voice states, addi­ was “unprecedented”; that it is “un­ the Commission should “direct” the Bu­ tional testimony will be unnecessary; if thinkable” that such serious misconduct reau to take an “extremely active” role the requested issue is added, the Exam­ should bte excluded from consideration in in the investigatory and hearing proc­ the present proceeding; that the “Tic- esses. NBC and the Bureau take excep­ iner can take official notice of the rele­ vant facts. In support of its second Tac-Dough” situation also raises public tion, in general terms, to some or all of interest questions; and that NBC’s con­ Voice’s overall observations. requested issue, Voice notes that the relevant facts as to the difficulties with tentions go only toward mitigation of the 3. The Review Board need not, and “Tic-Tac-Dough” and “Twenty-One” are offense and should be considered, if at all, does not, express agreement or disagree­ fully set forth in the initial and final de­ at hearing on the requested issue. ment with Voice’s reading of United cisions in Melody Music, Inc., 36 FCC 6. In the Board’s view, no disqualifying Church of Christ. Suffice it to say that 701, 2 RR 2d 571 (1964), and asserts that issues regarding these matters have been the general assertions advanced by Voice the final decision establishes that NBC shown to be warranted. The station ex­ do not require action , by the Board at knew of these quiz frauds or, at the least, change question was fully considered and this time. With regard to the role to be manifestly failed to supervise the shows. adjudicated in National Broadcasting played by the Bureau in this proceeding, Specifically, Voice asserts that NBC ig­ Company, Inc.; the “Tic-Tac-Dough” the answer is that the Bureau’s partici­ nored published articles alluding to the and “Twenty-One” questions were as­ pation is determined by Commission di­ use of controls in the shows; did not sessed in Melody Music, Inc., supra; rective, and we will not presume to assert investigate published charges by a for­ sanctions were imposed and, subsequent authority over this matter; nor do we see mer contestant of a “fix”; and, without to the release of both cases, the Com­ any use in a purely hortatory instruction further inquiry, accepted affidavits, later mission has renewed all of NBC’s licenses that the Bureau actively involve itself in proved false, from the show’s producers at least once. Because Voice has come the case. As to the request that the Com­ forward with no .new facts indicating that mission “open its files”, there are specific that there was no truth to “fix” charges. Noting that NBC denied knowledge of the a reopening of these matters is war­ procedures available to Voice and the ranted, the imposition of sanctions by the “fix”, Voice asserts that this disclaimer Commission and its subsequent action in is “impossible to believe” in view of the renewing NBC’s licenses require, in our 1 Belated pleadings before the Review reports of fraud from responsible sources, view, a denial of the request for dis­ Board are: (a) Opposition to petition to and in view of NBC’s economic motive in qualifying issues, New Era Broadcasting enlarge issues, filed Oct. 1, 1969, by NBC; (b) perpetuating the fraud. In any event, comments of the Broadcast Bureau, filed the Co., Inc., 18 FCC 2d 232, 16 RR 2d 533 same day; and (c) reply, filed Oct. 22, 1969, (1969). Our refusal to add an issue, how­ by Voice. Motions for extensions of time were * We note that Voice filed, but withdrew, a ever, does not preclude Voice, upon a granted by the Board to allow the filings on request to the Executive Director for inspec­ proper threshold showing to the Ex­ the above dates. tion of the Commission’s complaint files aminer, from seeking to introduce these *------F .2d------, 16 RR 2d 2095 (1969). pertaining to KNBC. matters under the past broadcast record

FEDERAL REGISTER, V O L 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 481

criterion of the existing standard com­ had been supplied guest celebrities. As mission recently considered this matter parative inquiry, cf. Pleasant Broadcast­ to “PDQ”, NBC asserts, it does not know in connection with NBC’s application for ing Co., 19 FCC 2d 964,------RR 2d ------of, and neither its own nor the Commis­ renewal of WNBC, New York, and there (1969); and Atlantic Video Corp., 17 FCC sion’s investigation has revealed, any evi­ stated its belief that the questions raised 2d 565, 16 RR 2d 63 (1969). dence of fraud Or impropriety in the pro­ in connection with these programs “are gram. The Commission’s only criticisms not * * * of such a nature as warrant­ “H ollywood S quares’'; “P D Q ” ; of NBC, it is alleged, relate to NBC’s fail­ ing designation for hearing at this time “G olden G lobe A wards” ure to adequately supervise both shows, all license renewals of NBC”. (National (REQUESTED ISSUES 3 AND 4) and in the case of “Hollywood Squares”, Broadcasting Company, Inc., FCC 69- 7. Under these issues, Voice seeks in­ NBC’s failure to inform the public that 1309, released November 25, 1969.) We quiry into NBC’s involvement in the the stars had been briefed. Thus, NBC do not read this language as being a production' and presentation of “Holly­ concludes, Voice’s “unverified misstate­ determination, in advance of a full hear­ wood Squares” and “PDQ” and the ments” should not serve as the basis for ing, that disqualifying issues are fore­ broadcast of the Hollywood Golden Globe a special issue, especially in view of the closed, particularly because the Commis­ Awards. Voice points out that these mat­ Commission’s apparent determination to sion in the WNBC case specifically re­ ters were considered in Commission let­ consider these matters under the com­ ferred to the fact that it has called for a ters to NBC. Regarding “Hollywood parative issue. Regarding the Golden full explanation of these matters in the Squares”, Voice asserts that the letter Globe Awards, NBC asserts that it instant case. In light of the history of concludes (a) that NBC officials knew quickly moved to investigate and remedy strong Commission policy in this area, celebrities on “Hollywood Squares” were alleged irregularities as soon as it learned precedent, the questions raised by the being supplied questions and answers; of them, that as to only one category of Commission’s own investigation, and the (b) that NBC did not adequately super­ awards did the Commission raise a ques­ Commission’s determination that the vise the program; and (c) that NBC had tion and that, subsequently, NBC dropped matter be “thoroughly explored” (WNBC, a duty to reveal to its audience that ce­ the show. Again, NBC concludes that no supra), an appropriate issue will be added lebrities were being supplied advance in­ issue is warranted. The Bureau, in its to determine the circumstances sur­ formation, but failed to do so. (National comments, agrees with NBC that the rounding the three programs and the ef­ Broadcasting Company, Inc., 14 FCC 2d matters involved in-these requested issues fects, if any, upon NBC’s qualifications 976, 14 RR 2d 421 (1968)). As to “PDQ”, are most appropriately considered under to be a Commission licensee. the standard comparative issue and that Voice alleges that celebrities were likewise “B ugging” of D emocratic N ational the designation order so-indicates. In its given advance information, that some Convention NBC personnel were aware of this and reply, Voice asserts that there was no re­ that NBC failed to inform its viewing quest for speciál disqualifying issues be­ (REQUESTED ISSUE 5) audience that celebrities were so pre­ fore the Commission at the timé of desig­ 10. Under this issue, Voice seeks in­ pared. Relying upon another Commission nation; that therefore there is no indica­ quiry into NBC’s role in the “bugging” letter to NBC (12 FCC 2d 778, 13 RR 2d tion the Commission carefully considered by NBC employees of a secret Platform 82), Voice alleges that, in connection with the question; and that the Board thus Committee meeting during the 1968 the Golden Globe Awards broadcast, NBC may and should add a disqualifying issue Democratic National Convention. Appar­ misled the viewing public into believing especially in view of the “pattern of ently relying on an article in Variety, that the awards to the Hollywood stars neglect” which NBC has shown. Voice alleges that NBC initially claimed were based on polls conducted by foreign 9. We are of the opinion that á charac­that the listening devices were probably publications, whereas they were actually ter issue regarding NBC’s involvement in left over from before the Convention. based on votes by members of the Holly­ “Hollywood Squares”, “PDQ” and the Thereafter, Voice asserts, NBC admitted wood Foreign Press Association; that the Golden Globe Awards must be specified. that one of its employees had placed the awards were secret until announced, The Commission’s footnote in the desig­ listening devices in the room, but, NBC whereas some NBC personnel knew in nation order, states only that “[Tlhese said that those responsible would be advance who would receive them; and, matters will be considered in this pro­ punished, and that a report on the in­ that there was further deception in that ceeding”. In our view, this footnote does cident was turned over to the Justice De­ some stars were promised awards in order not constitute a reasoned analysis of the partment. Voice further notes that Enid to get them to appear at the presentation matters in question, and we are there­ Roth, an NBC news director, has been ceremony. Voice notes that these three fore required to consider the request for indicted for her alleged involvement in programs were referred to in a footnote disqualifying issues on the merits. Atlan­ the placement and use of the concealed to the instant designation order as being tic Broadcasting Co., 5 FCC 2d 717, 8 RR listening devices and charged with a vio­ matters “which will be considered”‘in this 2d 991 (1966). The questions of mislead­ lation of the 1968 Crime Control Act proceeding, but, it insists, separate issues ing programing and the licensee’s failure provisions barring private use of eaves­ are required to permit the Examiner to to maintain adequate supervision over dropping and wire tap devices and willful consider disqualification of KNBC. the programs it carries are of profound interception of conversations by using 8. In opposition, NBC avers that in the concern to the Commission and have in such devices. Because, Voice insists, the designation order, the Commission deter­ the past been the basis of refusal of li­ “bugging” was carried out by an NBC mined that NBC was qualified to own and cense renewal and revocation; Eleven employee as part of the newsgathering operate KNBC without specifying quali­ Ten Broadcasting Corp., 32 FCC 706, 22 activities of the company, the licensee it­ fying issues, but merely indicated in the RR 699 (1962); KWK Radio, Inc., 34 FCC self “must bear the responsibility” for the footnote referred to by Voice that the 1039, 25 RR 577, reconsideration denied episode; alternatively, Voice contends, matters involved in requested issues 3 35 FCC 561; 1 RR 2d 457 (1963). Pro­ NBC obviously failed to adequately su­ and 4 would be considered as part of the grams which mislead the public, the pervise and set standards for its em­ comparative issue. NBC contends that Commission has recently stated, are “im­ ployees. In either case, Voice concludes Voice has added no new facts to the let­ proper and inconsistent with the public the episode raises substantial questions ters from the Commission to NBC; that interest”. Columbia Broadcasting System as to NBC’s fitness to be a Commission these letters served as the basis of the (WBBM-TV), 18 FCC 2d 124, 16 RR 2d licensee, and an appropriate issue is Commission’s determination to consider 207 (1969). The Commission’s letters to warranted. the three broadcasts in the comparative NBC, in our view, raise substantial ques­ 11. In opposition, NBC quotes from a context; and that, to bolster its case, tions as to whether NBC has exercised letter sent by 'it to the Commission in voice ha,s engaged in “flagrant misrepre­ proper supervision ' over “Hollywood October, 1968, explaining the circum­ sentations” of the Commission’s investi­ Squares” and “PDQ”; and, particularly stances surrounding the episode. The let­ gation into these matters. Thus, NBC al- with regard to the former program, ter, NBC avers, states that the director eges, contrary, to Voice’s allegations, the whether the public was misled; similar who had the microphone placed in the ommission specifically concluded as to questions as to NBC’s responsibility with hotel roon£ upon telling her supervisor Hollywood Squares” that NBC officials regard to the Golden Globe Awards are of this, was ordered not to use it; and not know that questions and answers also raised. We recognize that the Com­ that no information (if any was obtained

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 482 NOTICES from the tap) was used in any way. The broadcasting of views concerning matters made a full disclosure regarding the letter further states that no official of In which he had a pecuniary interest, contest to the Commission; that, NBC higher than the supervisor had any and (9) the circumstances pertaining to whereas in the WCVS case, the chances knowledge of these facts; that the super­ NBC’s response to the Federal Trade of “anyone” winning were “infinites­ visor has subsequently resigned and the Commission order of February 13, 1969, imal”, the NBC promotions were only director has been suspended pending out­ to furnish commercial material. misleading in their “implications” as to come of a Justice Department investiga­ 14. With respect to the Claremont the total sum likely to be awarded; and tion; and that other involved employees College matter, Voice asserts that a that there is no claim that the program have been advised that disciplinary ac­ KNBC crew had brought signs reading or the advertising was false and fraudu­ tion against them awaits outcome of the “Victory in Viet Nam”, “No Retreat”, lent. The Bureau also opposes the re­ investigation. NBC insists that these “Stop Communism”, “End Bombing”, quested issue. The Bureau notes that the acts by its employees were clearly con­ “Down With the Draft”, and “Bring Commission letter to NBC concerning trary to NBC news policy, and argues that Them Home”, to Claremont College in the WKYC contest specifically stated there is no basis for Voice’s assertion that Los Angeles for use in filming a student that “this matter will be considered it was involved in any wrongdoing or that debate. “It appears”, Voice asserts, that further in connection with the next ap­ it failed to properly supervise its em­ the Commission considered this matter plication for renewal of license of Sta­ ployees. The facts regarding the inci­ based on a report in the Los Angeles tions WKYC AM-FM”. Deceptive dent, NBC urges, were fully known to the Times. The Times reported, Voice claims, Advertising by Station WKYC, 14 FCC Commission prior to designation of the that students complained about the 2d 683, 684, 14 RR 2d 315, 316 (1968). instant proceeding but the Commission signs and the debate was delayed while Thus, the Bureau concludes, the Com­ •‘chose” not to specify an issue, since students heckled the NBC crew and mission has determined the proper Voice has come forward with no new KNBC was criticized during the debate forum for inquiry into the Million Dollar facts, NBC concludes, enlargement is not for bringing the signs. Voice avers that contest, and it would be improper for warranted. The Bureau asserts that if this matter “constitutes an attempt to the Board to overturn that conclusion. newsgathering has degenerated to this influence news”, is reminiscent of the 17. Regarding the Huntley broadcasts, level, as Voice suggests, the matter is WBBM-TV staged pot party, and thus Voice alleges that Chet Huntley twice serious enough to warrant further in­ demands inquiry. broadcast criticisms over NBC of the quiry, but that Voice has failed to pro­ 15. NBC, in opposition, claims that Wholesome Meat Act of 1967, which ex­ vide the requisite “detailed informa­ in a March 20, 1968, Minute Entry, the tended Federal meat inspection over new tion”—i.e., legal papers—to support the Commission fully considered the matter areas of the meat industry, while he had request. In reply, Voice asserts that a and concluded that no further action was interests in a cattle ranch and cattle long line of cases holds licensees respon­ warranted. Furthermore, NBC asserts, feeding operations. Voice refers to a sible for illegal acts by employees not­ the signs were only intended as set deco-: Commission letter to NBC in which the withstanding that the employee exceeded ration or as ah example of “sloganeering” Commission concluded that Huntley was his authority and the licensee did not if needed, but were in fact never used. involved in a conflict of interest, that know of the violations and took steps to Three others were used, however: a NBC knew or should have known of this, prevent recurrences, citing Ohio Quests, banner reading “Vietnam: What Should and that the conflict should have been 8 FCC 2d 859, 10 RR 2d 601 (1967); El We Do?”, which was hung at the top of disclosed to the listening audience. Voice Centro Radio, Inc., 10 FCC 2d 229, 11 RR the bleachers where the students sat, and quotes the Commission as holding that 2d 375 (1967). Responding to the Bu­ two others, one reading “Hawks” with a “NBC did not exercise reasonable dili­ reau’s objections, Voice asserts that legal picture of a hawk and the other reading gence in light of information publicly and other documentary material are “Doves” with a picture of a dove, which available and information brought to its more appropriate when the case goes to were mounted on the speakers’ table. In attention” and “you appear to have hearing, but a copy of the indictment of sum, NBC concludes, the debate was not fallen short of your responsibility * * * Enid Roth is nevertheless submitted. a news program and no “staging” oc­ with regard to the Fairness Doctrine” curred, and in view of the Commission’s in that NBC did not afford reasonable 12. The request for an issue will be Minute Entry, no issue is warranted. The denied. The eaves dropping incident was opportunity for presentation of conflict­ Bureau also opposes the requested issue, ing viewpoints. National Broadcasting considered by the Commission < in con­ arguing that Voice’s allegations are nection with NBC’s renewal application Company, Inc., 14 FCC 2d 713, 14 RR 2d for WNBC (National Broadcasting Com­ derived entirely from the Los Angeles 113 (1968). These circumstances, Voice Times article, that the allegations lack insists, require specification of the issue. pany, Inc; (WNBC), supra), and the specificity and that this vague request Commission there stated that inquiry in 18. In its opposition, NBC claims that based upon hearsay fails to comply with it has taken steps since the Commission’s this “sensitive” area during the pendency the Commission’s rules. of criminal proceedings would be “pre­ action in the Huntley case to make more mature, not to say imprudent”, noting 16. Voice alleges, in support of its re­ precise its policy with respect to inform­ its expectation that licensees will estab­ quest concerning WKYC’s contest, that ing itself about the financial interests of lish and maintain, stringent and alert the Commission wrote NBC that an­ its news personnel by adopting the prin­ procedures for the supervision of news nouncements regarding a “Million Dol­ cipal suggestions of the Commission. personnel. We believe the Commission’s lar” contest “tended to mislead the NBC asserts that Voice relies entirely on analysis to be binding upon us here, and, public” in that claims of money to be the Commission letter regarding the for this reason, the requested issue must awarded were extravagant, and that the broadcasts, and that the matter has been be rejected; our determination is, of advertising “fell short of the required concluded by such letter which, NBC course, without prejudice to such action degree of responsibility” expected of claims, determined that no further in­ as the Commission may hereafter deem licensees. Voice explains that NBC had vestigation is required. The Bureau appropriate. placed $1 bills in circulation, read the agrees with NBC that the Commission, serial numbers of some over WKYC at the time it deliberated on the Chet Claremont C ollege D ebate; “M illion and WKYC-FM and required a per­ Huntley matters, rejected making it a D ollar” Contest; H u ntley B road­ son holding a winning bill to call the part of KNBC’s renewal, but elected in­ casts; FTC I nvestigation station within 11 minutes of the broad­ stead to reprimand NBC and require it REQUESTED ISSUES 6-9 cast and bring the bill in within 24 “* * * to submit a statement directed to hours. Because the chances of winning thèse matters within 30 days and to 13. Under these requested issues, Voice were “extremely remote”, Voice claims, discuss any revision in procedures which seeks inquiry into (6) the facts pertain­ the promotional claims misled the public is contemplated”. The Bureau insists ing to NBC’s attempt to “stage” an in­ and therefore further inquiry is war­ cident during a student debate at that Voice has presented no new facts ranted. Voice emphasizes the seriousness warranting a reopening of the matter Claremont College, (7) the circumstances of the matters by noting that another pertaining to the “Million Dollar” con­ station, WCVS, was granted a short-term and states that, upon a threshold show­ test on WKYC, Cleveland, (8) the cir­ renewal license because of a similar con­ ing, the Huntley broadcasts may be cumstances pertaining to Chet Huntley’s test. In opposition, NBC notes that it shown to be relevant to NBC’s past

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 483 broadcast record, but that addition of a tional Broadcasting Company, Inc. eration of communications media should separate issue would be no more than a (KNBR-AM-FM), 16 FCC 2d 698, 699, bar its renewal of KNBC; (13) to deter­ “collateral attack” on the Commission’s 15 RR 2d 807, 808 (1969). See also Na­ mine the extent to which RCA and NBC judgment on the matter. tional Broadcasting Company (WNBC), own or have interests in entertainment 19. In support of issue 9, Voice alleges supra. Thus, the proper forum for evalu­ programs presented over broadcast sta­ that the FTC on February 13, 1969, re­ ation of the WKYC contest has been tions and whether such interests tend to quested the networks to furnish mate­ specified, and we therefore conclude that restrain or stifle competition in a manner rial relating to commercials and that, no consideration, comparative or qualify­ inimical to the public interest; and (14) whereas ABC and CBS complied, NBC ing, should be given this matter in the to determine whether NBC’s interests in refused to do so. Voice asserts that the instant proceeding. The Commission, in broadcast facilities, television and radio PTC then determined that NBC had been its letter to NBC concerning the Chet networks, films, phonograph records, guilty of “failing to satisfactorily com­ Huntley matter, which later became the plays, and other forms and aspects of the ply” with its request and that NBC sub­ basis for the public notice, Licensee Re­ entertainment field represent a concen­ sequently apologized to the FTC and sponsibility To Insure Integrity of News tration of control in that field incon­ promised to provide the information. Broadcasts, 14 FCC 2d 702, 14 RR 2d sistent with the public interest. Voice attaches an FTC news release of 1553 (1968), determined that the licensee 22. In support of requested issue 10, May 16, 1969, concerning this matter. had failed to exercise proper supervisory Voice attached to its pleading a brief Further inquiry, Voice urges, is war­ controls with respect to a broadcast by description of nine antitrust actions ranted. In opposition, NBC asserts that a newscaster on a matter in which he pending against NBC and/or its parent the FTC news release makes clear that had a conflict of interest not disclosed company, RCA. It argues that it will the February 13 communication to the to the listening public. NBC was repri­ not have a “fair hearing” unless these networks was in the form of a request manded, requested to review its super­ antitrust violations are placed in issue for voluntary action and not an order. visory policies in order to guard against in the instant case; and that “ex parte” An implementing order was issued by future such occurrences, and directed to consideration of these matters after the the FTC on May 16 because NBC’s vol­ submit an appropriate statement; but close of this hearing would deprive it untary submission was not satisfactory, the Commission placed none of NBC’s li­ of “basic rights”. Voice thus concludes NBC states; and NBC, it is averred, has censes in jeopardy and later noted that that the issue regarding the antitrust since cooperated fully with the FTC and “indeed, it would have been most inap­ suits should be specified. In its opposi­ has in no way engaged in contumacious propriate to do so [flor the result of such tion, NBC states that the Voice attach­ conduct. As the Bureau views it, NBC action would be to discourage robust, ment merely is a summary of unsubstan­ fully complied with the FTC’s original wide-open debate on controversial Is­ tiated claims of antitrust violations made request once it was ordered to do so, and sues.” WBBM-TV, supra. In our view, the by plaintiffs in lawsuits to which RCA a misunderstanding or disagreement as Commission’s disposition of the Huntley or NBC has at one time or other been a to the original request is no basis for investigation precludes imposition of a party. NBC asserts that Voice’s list is, an issue since no sinister motive may be disqualifying issue here. However, unlike apparently, solely derived from disclo­ attached to such disagreement. the Chet Huntley and WBBM-TV cases sures made by NBC in its renewal ap­ 20. None of these requested issues will themselves, this proceeding involves mu­ plications, and that Voice has come for­ be added. NBC’s role in the Claremont tually exclusive applicants whose com­ ward with no new information and no College debate was considered by the parative merits must be evaluated and, in issue should therefore be specified. NBC Commission, and its Minute Entry of our view, this matter may be relevant to alleges that none of the nine suits in­ March 20, 1968, precludes imposition of NBC’s past broadcast record, and upon volved the operation by NBC of any of an issue. Moreover, the allegations do a proper threshold showing, may be con­ its licensed broadcast facilities (includ­ not support the charge of actual news sidered in that context. Regarding NBC’s ing KNBC) and none has resulted in a slanting, but only a possible prepared­ alleged violation of an FTC order, we finding of improper activities on the part ness to do so. Voice, relying solely on find Voice’s allegations in this respect of RCA or NBC; furthermore, it asserts, hearsay, has not refuted NBC’s claims completely insufficient to warrant an is­ six of the nine have been terminated as that the allegedly objectionable signs sue or comparative consideration. Voice to all parties either by the court or by were never used and that those that has made no effort to support the alle­ stipulation. The remaining three, accord­ were used were not of a distorting or gation that NBC “refused” to cooperate ing to NBC, involve claims by a composer slanting nature. Inquiry of this sort, the with the FTC’s request for Information or a music publishing company directed Commission has held, is not justified in or to rebut NBC’s contention that no primarily at Broadcast Music, Inc. the absence of at least some “material FTC “order” was violated. Indeed, (BMI), a music licensing company, indication in the form of extrinsic evi­ Voice’s own attachment of the FTC news rather than NBC or RCA, and in two of dence” that the licensee has culpably release of May 16, 1969, lends no support these, the plaintiffs agreed to the dis­ distorted events, CBS Program, “Hunger to its allegations, and there is no docu­ in America» PCC 69-1135,17 RR 2d 674 missal of NBC 4 years ago, which dis­ mentary evidence whatever supplied missal allegedly awaits only resolution of (1969); Democratic National Convention which would justify raising a question the entire lawsuit, and the last has been television Coverage, 16 FCC 2d 650, 15 concerning the licensee’s basic or com­ inactive since 1961. Finally, NBC asserts V” 791 (1969), and the requisite parative qualifications, compare WREC that none of the cases cited by Voice showing has not been made. Accordingly, Broadcasting Service, 10 RR 1323 (1955). he allegations do not raise a question involves any conduct within 3 years ISSUES 10-14 prior to the filing of NBC’s renewal ap­ ~s ~ NBC’s basic or comparative quali- plication, and Paramount Pictures, Inc., »vri?i0ns' With regard to the WKYO 21. Under these issues, Voice requests Million Dollar” contest and without 8 RR 135 (1952), bars inquiry into anti­ inquiry into NBC’s and RCA’s involve­ trust questions arising before that period. Passing on the merits of the alleged de­ ments in the fields of entertainment and ceptive broadcasts, we note that the In sum, NBC urges that Voice’s request mass communications in' order to deter­ for an issue is based upon unverified commission’s letter to NBC regarding mine whether these matters justify dis­ allegations, that the request is untimely nZtmatte^ specifically stated that this qualification or adversely affect NBC because the cases are more than 3 years considered again when comparatively. The requested issues are old, that the Commission had knowledge i licenses come up for (10) to determine the nature and extent of these cases when it designated the thA 5 ^- Thto intent was reiterated by of the involvement of RCA and NBC in ne commission in its renewal of NBC’s KNBC application for hearings yet speci­ antitrust criminal and civil proceedings; fied no issues, and that, for these rea­ ¿ * u nC1SCO stations, KNBR-AM-FM, (11) to determine whether RCA’s status nnt Commission stated, “we have as a conglomerate and owner of com­ sons, the “roving investigation” sought o w L ? ? 5 f>rder undertaken to dispose munications facilities has resulted or by Voice is not warranted. The Bureau whiS?Plaints gain st other NBC stations may result in consequences inconsistent also opposes addition of an issue, assert­ disrv!L,?S Previously indicated, will be with the public interest; (12) to deter­ ing that the matters raised in this re­ Posed of in other proceedings.” Na­ mine whether NBC’s ownership and op­ quest can be explored under the “vital”

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 484 NOTICES

diversification of ownership of communi­ tions media, Voice, relying on a chart of rather extensive proceedings are con­ cations media criterion of the existing broadcast facilities licensed to NBC, tained in Docket No. 12782. The matters standard comparative issue. Specification claims that because of NBC’s and RCA’s before the Commission in that docket, of a separate issue, the Bureau urges, extensive ownership of AM, PM, and TV NBC alleges, involve complicated eco­ would protract the hearing by an addi­ stations, CATV systems and broadcast nomic and factual issues relating to such tional year at a ‘‘minimum’’, and such an networks, a question is warranted to de­ matters as patterns of supply of pro­ issue, the Bureau suggests, is therefore termine whether it should be authorized grams for network schedules, the nature not warranted. an additional facility in the important of the program development process, the 23. Voice seeks inquiry under proposed Los Angeles market. Urging that owner­ shifting patterns of advertiser sponsor­ issue 11 into whether RCA’s conglom­ ship of media of communications is al­ ship of programs, and the high risks at­ erate status has or may result in action ready in issue under the diversification tendant upon the production of high cost by the licensee contrary to the public aspect of the case, Voice insists that NBC programs and others. NBC notes that no interest. Specifically, Voice urges that has achieved such a high level of con­ finding has been made by the Commis­ RCA’s “wide and far-ranging activities” centration of power in the aggregation of sion or the Department of Justice that result in inadequate supervision of pro­ media that a separate issue is required, NBC has violated the antitrust laws or graming and other broadcast activities— particularly because the power achieved engaged in other unlawful or improper as illustrated by the Chet Huntley case, by NBC raises serious possibilities of conduct; and NBC concludes that the “PDQ,” “Hollywood Squares,” and the abuse. Thus, Voice alleges that NBC’s complex nature of this matter renders it Hollywood Golden Globe Award shows; network affiliation power has been mis­ inappropriate for consideration in the use of communications facilities to ad­ used in the past as evidenced by the context of the present comparative pro­ vance or protect corporate interests out­ Westinghouse-NBC coerced exchange of ceeding, and Voice has failed to justify side of the broadcast field—demonstrated stations; and that NBC’s distribution of its request. The Bureau agrees with NBC by the Huntley affair; suppression or dis­ programs through its network facilities that these matters are too broad in scope tortion or slanting of news and comment gives it considerable power to influence to be considered in this proceeding and relating to nonbroadcast enterprises in and abuse public opinion, as in the Chet are best investigated in the Commission’s which the company is engaged; subtle Huntley case. These matters, Voice in­ pending inquiry in Docket 12782. To the pressure as an inducement to companies sists, must be considered under a sepa­ extent that NBC and RCA ownership of supplying products to nonbroadcast rate issue permitting the Examiner to programs is relevant to the standard phases of RCA to purchase time on NBC disqualify NBC if the evidence adduced comparative criteria, the Bureau insists, stations and/or network facilities; di­ so warrants. In opposition, NBC main­ the showing can be made under the exist­ rect pressures on purchasers of RCA tains that these matters relate to con­ ing issue. manufactured products to prevent their centration of control of communications 28. Under requested issue 14, Voice competition with NBC stations; and media and are thus properly to be con­ seeks inquiry into the “entire picture” of syphoning of broadcast profits for non­ sidered under the standard comparative NBC/RCA’s concentration of power in broadcast operations or acquisitions. The issue. NBC further states that in the Los the entertainment field by eliciting evi­ problems presented by conglomerate Angeles area, it owns one VHP television dence, not already called for concerning ownership of broadcast facilities have, station out of over 400 different media NBC’s ownership of broadcast facilities, Voice Insists, “been manifested” in the owned by 280 different owners and that its network operation and its CATV in­ case of RCA, and a special issue is there­ NBC’s CATV interests amount to only terests, but going instead into additional fore warranted. one-half of one percent of the nation’s matters such as plays in which RCA/NBC 24. In opposition, NBC asserts that total number of subscribers. The Bureau has interests, its activities in the phono­ there is nothing in the nature of being agrees with NBC that the proper vehicle graph manufacturing field, its owner­ large or diversified that is per se con­ for inquiry into these matters is the ship of motion picture studio production trary to the public interest and that standard comparative issue. facilities and its control of sources of Voice’s “hypothetical conjurings” as to 26. To support its request for an issue talent. Voice claims that such informa­ possible future abuses of this status are concerning NBC’s alleged domination of tion was sought from the Commission’s pure speculation. NBC insists that there programing and the anticompetive ef­ Office of Network Study, but the request is no factual basis in Voice’s pleading to fects thereof, Voice refers to a Commis­ was rejected because the information was show any past or current abuse by RCA sion notice of proposed rule making, confidential. NBC opposes the request of its size; and that, particularly, Voice’s Television Network Programming, FCC arguing that it is entirely without factual effort to translate a “potential for mis­ 65-227, 4 RR 2d 1589 (1965), and notes support and must therefore be summarily chief” into its bald conclusion that con­ that the Commission stated at that time rejected. NBC also disputes Voice’s claim glomerate problems are manifest is en­ that NBC owned or controlled 89.4 per­ that the Office of Network Study has any tirely without foundation. There is, NBC cent of all programing presented over confidential information on these sub­ concludes, no warrant for the requested thé NBC network between 6 p.m. and 11 jects, and states that the facts as to issue. The Bureau agrees with NBC that p.m. and 88 percent of the entertainment NBC’s involvement in the entertainment no issue is required because, the Bureau film series presented over the network. field are well-known. Voice’s request is argues, the Commission, in its delibera­ This “stranglehold”, it is alleged, gives baseless, NBC asserts, because the facts tion in the Chet Huntley matter, spe­ NBC leverage to force film producers to demonstrate that NBC has no motion cifically rejected the possibilities of an give it syndication rights after network picture studio production facilities; has issue regarding NBC’s conglomerate presentation, to “cut NBC in” on owner­ made only occasional investments m status, and, more particularly, because ship of programs, and to use production plays; has contracts with very few en­ facilities specified by NBC, all under tertainers; and, although RCA has man­ the Commission has already begun an ufactured records for 40 years, there are inquiry into the general question of con­ threat of withholding such network pres­ entation. Voice also avers that NBC’s many other such manufacturers ana glomerate ownership of broadcast outlets entry into the field is uninhibited; ana, (Inquiry Into the Ownership of Broad­ control over programing, in various ways—i.e., reduction of competition be­ in sum, NBC and RCA do not control tne cast Stations by Persons or Entities with entertainment field. Because Voice h&> other Business Interests, 16 FCC 2d 436, tween studios, limitations imposed on advetrisers, producers, writers, and di­ shown not the slightest foundation io ----- RR 2d ------(1968).) While facts its request, NBC urges, the is^ue is no resulting from RCA’s status may be rele­ rectors—constitutes a violation of the antitrust laws. warranted. The Bureau notes that. vant to the diversification aspect of the knows of no written request made oy comparative case, the Bureau urges, the 27. In opposition, NBC asserts that Voice to the Office of Network Study, nor proper forum for the “broad” type of Voice has relied exclusively on informa­ inquiry sought, the Bureau concludes, is tion obtained during the course of indus­ of any written refusal; in any event, the the already established rule making trywide investigatory and rule making Bureau insists, many of the relevan investigation. proceedings carried out by the Commis­ facts are a matter of public knowledge- 25. In support of its requested issue re­ sion and the Office of Network Study for Yet, the Bureau states, Voice has no garding NBC’s ownership of communica­ more than a decade, noting that these submitted specific factual allegations

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 485

support its request, which should there­ (c).) Thus, while Voice provides general Examiner, these matters may be consid­ fore be denied. Again, the Bureau sug­ data with regard to the diverse and. varied ered under the diversification criterion gests that upon a showing of relevance RCA enterprises, it has pointed to no of the existing standard comparative is­ and materiality, Voice may adduce in­ specific factual instances in which this sue, cf. Atlantic Video Corp., supra; RKO formation as to NBC’s involvement in the conglomerate status has been abused; General, Inc., supra. entertainment field under the diversifica­ for example, it does no more than flatly H a r a s s m e n t tion of ownership of communications assert that the Chet Huntley, Golden media criterion of the existing standard Globe, and other matters are a necessary (REQUESTED ISSUE 15) comparative issue. consequence of RCA’s conglomerate sta­ 31. Voice expresses “outrage and dis­ 29. Requested issue 10, concerning the tus; its assertion that RCA’s manufac­ tress” at the manner of NBC’s question­ antitrust suits allegedly pending against turing interests create a “potential for ing of persons Voice contacted in the NBC and RCA, will be denied. The courts, mischief’’ is no more than speculation. course of its preparatory activities, in­ the Commission and the Board have re­ The claimed abuses bf NBC’s program cluding its survey of area needs. Voice peatedly held that the fact of a lawsuit dominance are also not substantiated urges imposition of an issue to determine does not, per se, warrant imposition of an but rest upon conjecture, surmise and whether the conduct of NBC’s represent­ issue; rather it is the underlying conduct certain assumptions as to the economics atives during the course of its investiga­ which is the source of concern, see, e.g., of the broadcast industry. Moreover, as tion amounts to harassment, and the Spanish International Television Com­ the Bureau points out, both of these re­ effect of such conduct on NBC’s basic or pany, Inc., FCC 64R-239, 2 RR 2d 853, quests are directly related to matters comparative qualifications. Specifically, and, as a consequence, the request for presently under consideration by the Voice alleges that NBC’s representatives an issue must be supported by specific Commission in rule making and investi­ queried community leaders contacted by factual allegations, RKO General, Inc., gatory proceedings (Docket 12782, and Voice, asked whether Voice had sought 8 FCC 2d 632, 10 RR 2d 282 (196777 Inquiry into Ownership of Broadcast investments from such persons, and sug­ Voice’s request here is premised solely Stations * * *, supra); Voice’s general gested that Voice had been engaged in upon a recapitulation of information di­ allegations raise questions of such scope and magnitude as to be inappropriate for “underhanded or illegal activity’’. Voice vulged by NBC in various renewal appli­ submits a letter by Frank Orme, one of cations; the summary provided by Voice consideration in the instant adjudica­ tive context and should be addressed to the community leaders interrogated by is general and conclusory in the extreme NBC. Orme’s letter states that “there and does not adequately provide specific the proper forums which already exist. The conglomerate nature of the^licensee were definite implications that some­ facts from which NBC’s or RCA’s al­ thing is wrong about the motives and leged conduct can be accurately deter­ also may be investigated in-the rule mak­ ing proceedings contained in Dockets integrity’’ of Voice and its law firm. mined.4 Further, Voice has not responded Similarly, Voice asserts that Martin to NBC’s statement that six of the suits 18110 and 18397. National Broadcasting Conipany, Inc., FCC 69-1307, supra. Logan, another community leader, was have, by various means, been disposed questioned by NBC as to whether he had of. We therefore conclude that the allega­ Similarily, Voice has not provided the requisite substantiation with regard to been offered Voice stock, and was asked tions are insufficient to warrant imposi­ whether there existed a tie-in between tion of a disqualifying issue. Consistent requested issues 12 and 14, relating to NBCs’ ownership of broadcast facilities Voice and Fidelity Television, Inc., with Commission practice (RKO Gen­ applying for a new facility on Channel 9, eral, Inc., supra; Berwick Broadcasting and its involvement in the entertainment field. The former request is premised Los Angeles, in competition with an Corp., 12 FCC 2d 175, 12 RR 2d 771 existing RKO General station. Further, (1968)), and lest there be any question largely on a recitation of facilities owned by NBC, and we have held that Voice submits an unsigned statement by as to the Commission’s jurisdiction over Mrs. Ramona Luck, purportedly describ­ the matter, we will impose a condition the naked allegation of ownership of other broadcast interests is not sufficient ing a telephone conversation between upon a grant, if made to NBC, to permit herself and an NBC representative;, the Commission to take such action as to warrant addition of a concentration of control issue, Skylark Corp., FCC 64R- some of the matters discussed, Voice it may deem appropriate upon the com­ insists, “will shock” the Board. Finally, pletion of the pending suits. We also note 373, 3 RR 2d 566 (1964). Voice has pro­ vided no factual data concerning the size, Voice charges, NBC representatives have that, upon a proper factual showing of contacted and harassed former members relevance and materiality, Voice may extent or location of the areas to be adduce facts as to the conduct underly­ served, or the number of people served, of the Voice group, and a Washington ing pending antitrust suits under the ex­ the extent of broadcast service or other NBC representative called the manu­ isting standard comparative issue, RKO communications media available to the facturer from whom Voice proposes to General, Inc., supra; if such a showing is areas and people in question, and its al­ obtain its equipment with questions made and the evidence adduced raises legations thus do not warrant imposition regarding the deferred credit arrange­ questions as to NBC’s basic qualifica­ of an issue. Harvit Broadcasting Corp., ments between Voice and the manu­ tions, Voice is, of course, free to seek dis­ 18 FCC 2d 459, 16 RR 2d 713 (1969); facturer. These incidents, Voice main­ qualifying issues at that time, RKO Gen­ Hartford County Broadcasting Corp., 9 tains, create an “atmosphere of oppres­ eral, Inc., FCC 68-892, 14 RR 2d 90, 91 FCC 2d 698, 10 RR 2d 1083 (1967); Sky­ sion, harassment and embarrassment” (1968); but, on the allegations before lark Corp., supra. Further, Voice’s asser­ and require the imposition of an issue. us, we are unable to conclude that such tion that NBC has varied entertainment 32. NBC denies the charge of harass­ an issue is warranted. industry interests does not, per se, war­ ment and urges rejection of the re­ 30. As to proposed issues 11 and 13, re­ rant a concentration of control issue quested issue. Arguing that the matters garding RCA’s conglomerate status and absent a showing concerning the relevant explored through its investigation could the alleged abuses flowing from NBC’s market or markets, NBC’s position in not be reached under the Commission’s Programing dominance, Voice’s allega­ those' markets, and the extent of entry discovery rules because they are at issue tions lack substantiated factual support into1, the field; no such information has only in the standard comparative con­ as required by our rules. (Rule 1.229 been provided here. Cf. Atlantic Video text, NBC explains that its investigation Corp., supra.® For these reasons, re­ of Voice was launched because Voice’s quested issues 11-14 will be denied; repeated and frequent amendments to 4 Thus, and merely by way of illustration, again, however, to the extent that a the community needs survey section of factual threshold showing of relevance its application suggested the possibility and materiality is made to the Hearing defendants [NBC included] conspired to re- that the contacts had been carelessly or employment”, or that "defendants inaccurately made; indeed, NBC notes, 1« ca included] restrained interestate com­ 6 To some extent requested, issues 12 andVoice itself stated in one amendment merce in the distribution and sale of televi- 14 involve matters under scrutiny by the that any inaccuracies in the survey °n receivers” does not describe the par­ Commission ln Dockets 12782, 18110 and would be rectified. These, circumstances, is» ar acts and actions allegedly taken and 18397, and, for the reasons stated herein are ’ ln reality, no more than a tracking of the better considered in those rule making NBC suggests, warranted its questioning operative language of the antitrust laws. proceedings. of the community leaders contacted by

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Voice to determine the accuracy and re­ proper search of their credentials”. (19 that the issues in this proceeding are liability of the survey. Similarly, NBC FCC 2d at 244; 16 RR 2d at 1019.) Par­ enlarged to include the following: asserts that numerous changes in the ticularly is this principle applicable in a To determine the circumstances surround­ composition of Voice’s stock subscribers case, such as the one now before us. ing the production and presentation of gave NBC cause to believe that Voice Involving competing applicants for a “Hollywood Squares” and “PDQ” and the might be engaged in a public offering in single facility under the standard com­ “Hollywood Golden Globe Awards” and the violation of Federal and State securities parative issue. We went on, in Chronicle, effect, if any, thereof upon NBC’s basic laws, and inquiry, it asserts, along this to state that, in view of the seriousness and/or comparative qualification^ to be a line was also justified. Further, NBC of a harassment charge,- substantial licensee. asserts that the inquiry concerning abuses of the investigative process must 36. It is further ordered, That the bur­ Voice’s proposed deferred credit letter be alleged. (19 FCC 2d at 245; 16 RR 2d den of proceeding with the introduction by NBC Washington counsel related to at 1020.) Despite our admonitions, Voice of evidence under the issue added herein NBC’s request, in a related petition to comes before us requesting a harassment shall be upon Voice of Los Angeles, Inc., enlarge, for an issue bearing on Voice’s issue based upon an unsworn letter, an and the burden of proof shall be on Na­ financial qualifications. NBC submits unsigned statement, and unverified alle­ tional Broadcasting Co., Inc.; and affidavits from the attorneys who super­ gations as to other matters. Entirely vised and conducted the investigation of 37. It is further ordered, That in the apart from the procedural defects of this event of a grant of tfie application of Voice. The affidavits note that the survey documentary evidence (see Rule 1.229 was conducted under the supervision of National Broadcasting Co., Inc., such (c)), the information set forth in Voice’s grant shall be subject to the condition and by attorneys of two law firms en­ putative substantiation simply does not it is without prejudice to whatever action, gaged by NBC for that purpose. In each bear out its complaint of harassment or if any, the Commission may deem appro­ case, the affiants state that they identi­ oppression. Thus, Mr. Orme’s “residual fied themselves to the individuals being priate as a result of the pending actions impression” that the NBC representative in Schwartz v. Broadcast Music, Inc., questioned. A recapitulation of the con­ suggested wrongdoing by Voice does not, Civil Action No. 89-103, filed in the versation is provided, and, in each case, in our view, constitute a factual allega­ U.S. Court for the Southern District of the affiants flatly deny that they tion of abuse of the investigative process; New York, Life Music, Inc, v. Broadcast imputed wrongdoing to Voice. Thus, the we find nothing in Mrs. Luck’s unsigned Music, Inc., Civil Action No. 106-159, attorney who interviewed Mr. Orme statement or the unverified allegations filed in tiie U.S. Court for the Southern states; “I made no representations about as to Mr. Logan to remotely suggest that District of New ‘York, and Parker v. Voice or anyone associated with it”. NBC’s representative overstepped the Broadcast Music, Inc., Civil Action No. Similarly, the attorney who interviewed bounds of an investigation in manner 114-335, filed in the U.S. Court for the Logan denies having questioned him re­ and scope “reasonably related to the ob­ Southern District of New York. garding possible ties between Voice and jectives” of the proceeding; least of all the Channel 9 applicant, although refer­ do we find any glimmer of attempts to Adopted: January 5, 1970. ences may have been made to the con­ intimidate or harass in NBC’s inquiry Released: January 9, 1970. tested proceedings for both Channels 4 of Voice’s equipment manufacturer. In and 9. The accuracy of Mrs. Luck’s state­ sum, Voice’s procedurally deficient re­ F ederal Communications . ment is also challenged. Finally, NBC’s quest entirely lacks sufficient factual Com m ission, Washington counsel has provided an affi­ substantiation to warrant imposition of- [ seal] B en F . W aple, davit explaining his contact regarding an issue; its rococo description is mani­ Secretary. the equipment deferred credit arrange­ festly inadequate to justify enlargement [F.R. Doc. 70-482; Piled, Jan. 13, 1970; ment, stating that he identified himself because, as we stated in Chronicle, the 8:48 a.m.] to the manufacturer’s representative and subjective reaction of an applicant is requested certain information, some of simply irrelevant to the problem. In the which was forthcoming1, the balance re­ circumstances, NBC’s response to the [Dockets Nos. 18634, 18635; FCC 70R-11] fused on the grounds of confidentiality. allegations is almost superfluous; in any PACIFICA FOUNDATION AND NA­ The affiant states that since the manu­ event its affidavits describe with partic­ TIONAL EDUCATION FOUNDATION, facturer was unwilling to discuss the ularity the reasons its inquiries were matter “I did not pursue it further.” begun,* and the manner in which these INC. Thus, NBC concludes, its investigation investigations were supervised and car­ Memorandum Opinion and Order was reasonably related to the objectives ried out. In our view, were any question Enlarging Issues of the proceeding; the allegations of raised by Voice’s allegations—and none harassment are unfounded and the re­ is—NBC’s affidavits establish conclu­ In regard applications of Pacifica quest for an issue should be denied. The sively that the investigation was reason­ Foundation, Washington, D.C., Docket Bureau also urges denial of the requested ably related to the objectives of the No. 18634, File No. BPED-896, and Na­ issue, claiming that the allegations so proceeding and no harassment has oc­ tional Education Foundation, Inc., lack factual substantiation that the re­ curred. The issue is not warranted. Washington, D.C., Docket No. 18635, File quest “borders on the frivolous”. Cumulative I ssue No. BPED-1012, for construction permits. 33. The request for the harassment 1. This proceeding involves the appli­ issue will be denied. Despite its highly (REQUESTED ISSUE 16) cations of Pacifica Foundation (Pacifica) colorful and emotionally charged—i.e., 34. Voice’s request for a cumulative and National Education Foundation, Inc. “shocking”, “outrage”—description of disqualifying issue based on a combina­ (NEF), each seeking an authorization to the circumstances. Voice’s request pro­ tion of any or all of the foregoing matters construct a noncommercial educational ceeds from a grievous misconception of will be denied. This is merely a repetitive FM broadcast station on Channel 207 in our memorandum opinion in Chronicle request, and the matters have been dis­ Washington, D.C. By Order, FCC 69-902, Broadcasting Co., 19 FCC 2d 240, 16 HR cussed and decided above. released August 20,1969, the Commission 2d 1014 (1969), and its allegations are 35. Accordingly, it is ordered, That the designated these mutually exclusive ap­ so lacking in factual support as' to be petition to enlarge issues, filed August 8, plications for hearing under issues which virtually meaningless. In Chronicle, 1969, by Voice of Los Angeles, Inc., is include, inter alia, the following; supra, we added a harassment issue, but it was emphatically not our purpose to granted to the extent herein indicated; 1. To determine the legal, financial, tech­ and is denied in all other respects; and nical, and other qualifications of Pacifica thereby immunize parties in a proceed­ Foundation to construct and operate the pro­ ing against reasonable and proper scru­ posed noncommercial educational FM tiny by their opponents; on the con­ * We need not and do not pass upon NBC’s station. trary, we specifically stated: “tbly argument that discovery procedures were 2. To determine the legal, financial, tech­ voluntarily placing themselves in an ad­ not available to it in these circumstances; nical, and other qualifications of National versarial posture, the petitioners have the test of whether an Investigation consti­ Education Foundation to construct and op­ tutes harassment does not turn upon the erate the proposed noncommercial educa­ exposed themselves to a reasonable and availability or the use of discovery procedures. tional F M station.

FEDERAL REGISTER, V O L 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 487

8. To determine which of the proposals ing.8 Noting that the Commission, in its cultural emphasis in their statements of would, on a comparative basis, better serve designation order herein, recognized that purpose.9 Thus, the Review Board finds the public Interest. Pacifica’s proposal would serve a greater it appropriate that modified Issue 3 in­ The Review Board now has before it for area and population within its 1 mv/m clude consideration of the extent to consideration: (a) a request for modifi­ contour than NEF and that coverage which each of the proposed operations cation of hearing order, filed Septem­ should therefore be considered under the will be integrated into the overall cul­ ber 10, 1969, by Pacifica; 1 (b) a petition comparative issue, Pacifica also requests tural, as well as educational, operation for enlargement, deletion, and/or clari­ the Board to rule that, in evaluating the and objectives of the respective appli­ fication of issues, filed September 10, weight to be'accorded to greater area and cants. The manner in which the cultural 1969, by NEP;2 and (c) a petition to cer­ population, consideration be limited to and educational objectives meet the tify petition to Commission under Rule other reserved channel educational FM needs of the community to be served is 0.361(c), filed September 22, 1969, by stations. also an appropriate, consideration under NEP.8 The instant pleadings evidence 3. In its petition for enlargement, de­ this issue since neither applicant is a confusion of the parties as to which re­ letion, and/or clarification of issues, NEF university as was the case in New York quested issues lie within the jurisdiction requests that the comparative issue be University, supra; both applicants state of the Review Board. However, the Com­ modified in accordance with New York their intentions to serve the community mission informally * referred Pacifica’s University, supra.7 NEF, however, alleges of Washington, D.C.; and such service request to the Board for modification, that consideration of comparative cov­ to the community is envisioned and au­ and dealt with the jurisdictional question erage under the standard comparative thorized in § 73.503(b) of the rules. of various other pending pleadings by issue is inconsistent with the requested Finally, New York University, supra, Order, FCC 69-1326, supra.5 For purposes modification of Issue 3. “Otherwise,” clearly establishes that coverage is an of clarity, the Board will first consider NEF states, “in evaluating Pacifica and appropriate consideration in comparing the requests to modify the comparative (NEF) under 307(b), signals originating the qualifiactions of FM educational ap­ issue, since both applicants have directed outside Montgomery County, Md., in the plicants, and that the evidence adduced themselves to this subject, and will case of Pacifica, and outside Washing­ under this criterion will be limited to thereafter consider additional requests ton, D.C., in the case of (NEF) should be available educational FM signals within considered.” The Broadcast Bureau, in the respective service areas of the ap­ of NEF to add, delete and clarify other plicants. Since both applicants specify issues in this proceeding. its comments, supports the requested modification of Issue 3. . Washington, D.C. as their principalcom- Comparative I ssue" (Issue 3) 4. In the judgment of the Review munity (even though Pacifica’s trans­ 2. In its request for modification of Board, the Commission’s evaluation of mitter will be located in Montgomery hearing order, Pacifica seeks to have Is­ the appropriate bases -for comparing County, Md.), we find no basis for dis­ sue 3 modified to read as follows: noncommercial educational FM appli­ tinguishing between the applicants based cants in New York University, supra, is on the originating point of received To determine the .extent to which each of signals. Also see New York University, the proposed operations will be integrated applicable here. In addition, the ampli­ into the overall cultural and educational op­ fication requested by Pacifica, i.e. the 10 FCC 2d 53, 11 RR 2d 227 (1967), pet. eration and objectives of the respective ap­ expansion of the issue to include the for rev. denied, FCC 68-609, released plicants as well as the manner in which such cultural objectives of the respective ap­ June 13, 1968. objectives meet the needs of the Community plicants and the inclusion of an inquiry Suburban I ssue to be served; or whether other factors in the to determine the extent to which the reoord demonstrate that one applicant will 5. NEF requests that a Suburban issue provide a superior FM broadcast service. respective objectives of the applicants meet the needs of the community to be be added against Pacifica. In support of Pacifica, recognizing that there has been served, is also appropriate to the facts th is. request, NEF alleges that Pacifica only one previous case involving compet­ of this proceeding, and no objection to has completely failed to ascertain the ing applicants for a noncommercial ed­ that amplification has been filed. Direct specific needs, desires and interests of ucational FM allocation, cites that case, reference to cultural programs is made the community it proposes to serve; and New York University, FCC 67-673, 10 that it has also utterly failed to demon­ in paragraph (b) of § 73.503 of the strate how its proposed programing is re­ R R 2d 215, wherein the Commission, on rules,8 and both applicants include a sponsive to the community needs of its own motion, similarly modified the Washington, D.C. Specifically, NEF avers comparative issue in response to the * Specifically, the Commission stated: “In that Pacifica has made no demographic exigencies of such a comparative hear- adopting these issues in a case of first im­ study of Washington, D.C. and its ad­ pression (a case involving comparison of two jacent areas and has made little or no applicants for noncommercial educational 1By Order; FCC 69-1326, released Dec. 4, FM permits) we further note that our stand­ systematic attempt to contact represen­ 1969, the Commission dismissed, inter alia, ard comparative criteria (local residence, in­ tatives of various local ethnic "groups.10 a pleading, filed by NEF on Sept. 19, 1969, tegration, broadcast experience, diversifica­ which included a response to Pacifica’s re­ tion, etc.) are virtually meaningless in a case regular courses as well as routine and ad­ quest, without prejudice to that response of this type.” See footnote 7, infra, for the ministrative material pertaining thereto and being refiled with the Review Board. How­ precise wording of the modification. may transmit educational, cultural, and ever, an examination of Commission files does 7 The Commission modified the compara­ entertainment programs to the public. not reveal the refiling of that pleading. The tive issue therein to read as follows: To de­ 8 NEF states in Exhibit 16, page 1, entitled Broadcast Bureau filed comments on Pacif­ termine the extent to which each of the pro­ “Broadcasting Objectives”: Through its use, ica’s request on Oct. 7,1969. posed operations will be integrated into the National Education Foundation proposes: 2 Also before the Board for consideration overall educational operation and objectives 1. To contribute moral, spiritual and cultural are the following related pleadings: (a) oppo­ of the respective applicants or whether other enrichment; to provide educational op­ sition, filed Oct. 6, 1969, by Pacifica, and (b) factors in the record demonstrate that one portunity as an extension of existing educa­ Broadcast Bureau’s comment, filed Oct. 7, applicant will provide a superior FM educa­ tional organizations; and to encourage cul­ 1969. tional broadcast service. tural, social and civic betterment in the nation’s capital. 3 The Broadcast Bureau filed comments re-, 8 Section 73.503 Licensing Requirements Pacifica Foundation states in Exhibit 2-A, garding the petition to certify on Oct. 7, 1969. and Service. The operation of, and the serv­ entitled “Articles of Incorporation” (in ad­ * Florida-Georgia Television Company, Inc., ice furnished by noncommercial educational dition to a statement of educational 12 FCC 2d 332, 12 RR 2d 1028. FM broadcast stations shall be governed by purpose); 5 NEF’s request to the Review Board to the following: * * * to encourage and provide outlets for certify the NEF petition to enlarge issues to (a) A noncommercial educational FM the creative skills and energies of the com­ we Commission, will be' denied. Section broadcast station will be licensed only to a munity; to conduct classes and workshops .365(b)(1) of the rules provides that the nonprofit educational organiaztion and upon for creative writing; to offer performance r,e+-itW ®oar{* shall take original action on showing that the station will be used for facilities to amateur instrumentalists, choral petitions to amend, modify, enlarge or delete the advancement of an educational pro­ groups and music students; and to promote The fact that a similar argument is gram.. * * * and aid other creative activities which will ®ecV n a pleading directed to the Commis- (b) Each station may transmit programs serve the cultural welfare of the community. ,n hoes not, as NEF contends, affect the directed to specific schools in a system or 10 Citing City of Camden, 18 FCC 2d 824, relegation of authority to the Board. systems for use in connection with the 16 RR 2d 950 (1969).

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6. Pacifica, in response, alleges that an and Television Co., 7 FCC 2d 213, 9 RR standards for qualification actually are. issue to determine the efforts made by 2d 635 (1965), other factors such as sur­ The request is premature, Pacifica, urges, both applicants to ascertain the “overall vey methodology and its relationship to since NEF will have full opportunity to cultural and educational” needs of the number of contacts made are directly propound such a theory on the basis of community to be served and the resultant relevant to the question of whether or record evidence after hearing. The proposed programing is implicit in its not such a “significant disparity” in ef­ Broadcast Bureau, commenting on this request for modification of Issue 3. More­ forts exists. In light of the generalized request, contends that no presumption over, Pacifica states it is important to a nature of petitioner’s allegations, and with respect to eligibility is raised by the justiciable solution of this matter that the absence of allegations directed to designation order and that | 73.503 of the evaluation be made for both appli­ these other factors, a comparative efforts the Rules clearly indicates that accredi­ cants. The Broadcast Bureau, in its re­ issue is unwarranted. tation is something which may be taken sponse, alleges that the Suburban issue E ducational O bjectives and O perations into consideration in determining the is not applicable to noncommercial edu­ eligibility of educational organizations. cational PM applicants since a presump­ 10. NEF requests, and Pacifica concurs 14. The Review Board perceives no tion exists that “these channels will be in that request, that the Review Board valid basis for granting the relief re­ utilized to fulfill a specialized type of provide “more definite directory and sig­ quested by NEF. Petitioner has supplied programing.” nificant guidelines” with respect to Issues no factual allegation which could con­ 7. The threshold question as to 1 and 2, among others,15 as designated, ceivably warrant deletion of Issue 1 and whether or not, and if so, to what extent, to aid in the evaluation of its application' an immediate denial of Pacifica’s appli­ the Suburban requirement applies to non­ in its preparation for hearing. cation. Nor do we find any basis for con­ commercial educational applicants need 11. The Review Board agrees with the cluding that the identical issues specified not be reached here since, even if it were Broadcast Bureau that the relief sought against both applicants in this proceed­ applied, NEF’s allegations in this regard by NEF is not precisely drawn. More­ ing contain a presumption in favor of are insufficient to warrant the inclusion over, the action taken by the Board with NEF and no such presumption with re­ of the requested issue. Thus, Pacifica, in respect to the-comparative and Suburban spect to Pacifica. Moreover, § 73.503(a) its application, described in detail the issues serves, in part, to clarify the in­ (1) and (2), which deal with accredita­ contents of interviews with 52 persons stant proceeding. With respect to pro­ tion of public and private educational representing economic, social, political, viding further guidelines, such requests organizations, are not necessarily deter­ cultural, and other elements of the com­ should be directed to the Hearing Ex­ minative of the qualifications of either munity, and the only specific deficiency aminer in the first instance, and should Pacifica or NEF. A reading of § 73.503 (other than the failure to make a demo­ be drawn with sufficient particularity to in its entirety indicates that although graphic study) alleged by NEF, i.e. the enable responsive action on the part of accreditation by a state, regional or na­ failure to contact ethnic groups, is con­ the Hearing Examiner. tional educational body is a factor to be travened by Pacifica’s showing, which in­ E ducational Q ualifications considered in determining whether an cludes various representatives of and in­ applicant qualifies as an educational or­ dividuals from ethnic groups. La the ab­ 12. NEF requests that Issue 2, which ganization under the section, accredita­ sence of a showing by NEF that Pacifica relates to Pacifica’s qualifications, be de­ tion is not mandatory in order to qualify. failed to contact a particular, significant leted and that Pacifica’s application be Here neither applicant is an accredited group, ethnic or otherwise, no issue is immediately denied since, in petitioner’s educational organization. Therefore, if warranted.11 view, Pacifica’s application clearly shows either or both comply with § 73.503, such that it cannot conform to the require­ Comparative E fforts compliance must be found exclusive of ment of accreditation by a State, regional accreditation considerations. - 8. NEF also requests the addition of or national educational organization as 15. Accordingly, it is ordered, That the a comparative efforts issue. In support of provided for in § 73.503(a) (2) of the petition to certify petition to Commission this request, NEF alleges that it under­ rules. Although NEF’s pleading is not en­ under Rule 0.361(c), filed September 22, took a substantial effort to ascertain the tirely clear, the thrust of its argument is 1969, by National Education Foundation, needs and interests of the area residents that the designation order in this pro­ Inc. is DENIED: that the request for it seeks to serve. In contrast, NEF avers, ceeding raises a presumption that NEF modification of hearing order, filed Sep­ it appears that Pacifica made few con­ would “in time” qualify under the rule tember 10, 1969, by Pacifica Foundation, tacts for views on programing needs. In and that there is no basis for concluding and the petition for enlargement, dele­ response, Pacifica states that it would that Pacifica is or shall ever become welcome the opportunity to have its sur­ qualified. Moreover, NEF contends that tion, and for clarification of issues, filed vey compared to that contained in the the Commission failed to provide “any September 10, 1969, by National Educa­ NEF application. The Broadcast Bureau statement or grounds for the latent tion Foundation, Inc., are granted to the objects to the inclusión of a comparative omission of facts that could raise a pre­ extent indicated herein and denied in all efforts issue, since, in its view, it would sumption in favor of Pacifica’s eligi­ other respects; and that Issue 3 as speci­ not have any significant bearing on the bility.” fied in the designation order herein is outcome of the proceeding. 13. Pacifica, in opposition, argues that modified to read as follows: 9. NEF’s generalized allegations with NEF’s position is somewhat ambiguous, 3. To determine the extent to which each respect to disparity in number of con­ since it both requests that Pacifica’s ap­ of the proposed operations will be integrated tacts made in the applicants* respective plication be denied out of hand for fail­ into the overall cultural and educational surveys is an insufficient basis upon ure to qualify for a noncommercial edu­ operation and objectives of the respective which to add a comparative efforts is­ cational FM facility and at the same time applicants as well as the manner in w hich sue.12 As indicated in Chapman Radio NEF requests clarification of designated such objectives meet the needs of the com­ issues since it is unclear as to what the munity to be served: or whether other fac­ 11 Some aspects of the showing required tors in the record demonstrate that one ap­ under a Suburban issue are, Pacifica sug­ plicant will provide a superior educational “ Although NEF’s petition is unclear in FM broadcast service. gests, implicit in Issue 3, as modified, which this respect, the applicant appears to sug­ requires a determination of the efforts made gest that Issue 4 (the general conclusory Adopted: January 8,1970. by both applicants to ascertain the “overall issue) could be interpreted to encompass a cultural and educational" needs of the com­ Released: January 9,1970. shared time consideration. In our judgment F ederal Communications munity to be served. However, unlike a Sub­ New York University, supra, raises the pos­ urban issue, Issue 3 is comparative in nature, sibility that shared time may be considered, Com m ission,14 and does, not directly inquire into the ex­ if both applicants are found to be fully [ seal] B en F . W aple, tent of the applicants' efforts to ascertain qualified. However, it should be noted that Secretary. community needs. New York University dealt with the feasibil­ [F.R. Doc. 70-483; Filed, Jan. 13, 1970; 12 While NEF, in its application, states that ity of a shared time provision with respect 8:48 a.m.j 706 contacts were made, no details regarding to two universities, a situation which in­ these contacts are supplied either in the ap­ volved a number of considerations not pres­ 14 Board Member Slone absent. Board Mem­ plication or the subject pleadings. ent in the instant proceeding. ber Kessler concurring in result.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 489

The proposed changed rates and suspended and their use deferred until FEDERAL POWER COMMISSION charges may be unjust, unreasonable, date shown in the “Date Suspended unduly discriminatory, or preferential, or Until" column, and thereafter until [Docket No. RT7Q-916 etc.] otherwise unlawful. made effective as prescribed by the Nat­ ASHLAND OIL & REFINING CO. ET AL. The Commission finds: It is in the ural Gas Act. public interest and consistent with the (C) Until otherwise ordered by the Order Providing for Hearings on and Natural Gas Act that the Commission Commission, neither the suspended sup­ enter upon hearings regarding the law­ plements, nor the rate schedules sought Suspension of Proposed Changes in fulness of the proposed changes, and to be altered, shall be changed until dis­ Rates1 r that the supplements herein be sus­ position of these proceedings or expira­ tion of the suspension period. D ecember 30,1969. pended and their use be deferred as or­ dered below. (D) Notices of intervention or peti­ The respondents named herein have The Commission orders: tions to intervene may be filed with the filed proposed increased rates and (A) Under the Natural Gas Act, par­ Federal Power Commission, Washington, charges of currently effective rate sched­ ticularly sections 4 and 15, the regula­ D.C. 20426, in accordance with the rules ules for sales of natural gas under Com­ tions pertaining thereto (18 CFR ch. I), of practice and procedure (18 CFR 1.8 mission jurisdiction, as set forth in Ap- and thè Commission’s rules of practice and 1.37(f)) on or before February 10, ipendix A hereof. and procedure, public hearings shall be 1970. held concerning the lawfulness of the proposed changes. By the Commission. !Does not consolidate for hearing or dis­ (B) Pending hearings and decisions [ seal] G ordon M. G rant, pose of the several matters herein. thereon, the rate supplements herein are Secretary.

Appendix A

_ . ■ Cents per Mcf Bate In _ , Bate Sup- Amount Date Effective Date ——------effect sub DMKet Respondent sched- pie- Purchaser and producing area of filing date suspended Proposed ject to re- No- / ul® ment annual tendered unless until— Bate in increased fund in No. No. ■ increase suspended effect rate dockets N os.

BI70-916.. Ashland Oil & Refining 108 6 Panhandle Eastern Pipe Line Co. $3,827 11-17-69 * 1- 1-70 6-1-70 *17.0 » * » 18.01 RI65-623. Co., Post Office Box (Keys Field, Beaver and Cimmar- 18695, Oklahoma City, ron Counties, Okla.) (Panhandle Okla. 73118. A rea)...... do...... 109 9 Panhandle Eastern Pipe Line Co. 1,303 11-17-69 * 1- 1-70 6- 1-70 • 18.734 »** 19.8385 RI65-623. (V arious Fields, Meade, Morton, and Seward Counties, Kans.). I ...... do__..L...... 120 9 Panhandle Eastern . Pipe Line Co. 6,396 11-47-69 *1- 1-70 6- 1-70 *17.0 ***18.0 RI65-623. (Keys Field, Beaver and Cimmar- ron Counties, Okla.) (Panhandle A rea). .do. 185 3 Natural Gas Pipeline Co. of America 2,517 11-17-69 * 1- 1-70 6-1-70 *15.615 * * * 16.655 RI68-328. (Erick Field, Beckham County, Okla.) (Oklahoma “Other” Area). ------do...... - ...... 187 6 Natural Gas Pipeline Co. of America 40 11-17-69 * 1-23-70 6-23-70 »18.615 »*«18.815 RI69-339. (Camrick Field, Texas County, Okla.) (Panhandle Area). -—.do...... : m 8 Panhandle. Eastern Pipe Line Co. 856 11-17-69 * 1- 1-70 6- 1-70 » 17.0 *** 18.0025 R 165-623. (Hugoton Field, Meade, Morton, and Seward Counties, Kans.)...... do...... 16 9 2 Natural Gas Pipeline Co. of America 139 11-17-69 a 1- 1-70 6- 1-70 «17.85 **«20.37 RI67-141. (Putnam Field, Dewey County, Okla.) (Oklahoma “Other” Area). : BI70-917.. Texaco, Inc. (Operator) 161 16 Cities Service Gas Co. (Northeast 46,858 11-12-69 « 1- 1-70 6- 1-70 7 14.0 * * 7 15.0 RI66-330. et al., Post Office Bos Waynoka Field, Woods County, Okla.) (Oklahoma “Other” Area). RI70-918...... 216 8 Natural Gas Pipeline Co. of America 300 11-12-69 » 1-23-70 6-23-70 »17.5656 » * » 18.8705 RI69-344. (Morrow Field, Hansford County, Tex.) (RR, District No. 10)...... do...... 163 5 Cities Service .Gas Co. (Medford Field, 4,070 11-12-69 2 1- 1-70 6- 1-70 7 l i 5 » * 7 15.0 RI69-329. Grant County, Okla.) (Oklahoma . “Other” Area). -do. 2 Transwestem Pipeline Co. (Various 5,395 11-17-69 » 1- 1-70 6- 1-70 * 18.355 * « » 19.434 Fields, Roberts and Ochiltree Coun­ ties, Tex.) (RR..District No. 10). RI70-919.. Yucca Petroleum Co. 3 Panhandle Eastern Pipe Line Co. 1,500 11-13-69 21- 1-70 6- 1-70 » 17.0 » * » 18.0 RI64-376. (Operator) et al., Post (Northwest Midwell Field, Cimar­ Office Box 2585, Ama- ron County, Okla.) (Panhandle nfio, Tex. 79105. Area). RI70-920.. Skelly Oil Co., Post M 6 Kansas-Nebraska Natural Gas Co., . 11-14-69 * 1- 1-70 Accepted ...... Office Box 1650, Tulsa. 7 Inc. (Guymon-Hugoton Field, 115 11-14-69 » 1- 1-70 6- 1-70 « 11.0 * • u 12.6 Okla. 74102. Texas County, Okl¿>'(Panhandle ;RI70-921_ Area). Kickapoo Oils (Operator) 2 Panhandle * Eastern Pipe Line Co. 5,600 11-13-69 a 1- 1-70 6- 1-70 17.01 » * 18.01 RI69-120; et al., 11524 Millbum (Texas County, Okla.) (Panhandle Dr., Baton Rouge, La. Area). —

3 Perioffic ra ^ n w IeJ 8te is tbe eflective date requested by Respondem 8 Includes tax reimbursement of 0.0705 cent. 4 r>„_ , ^ liioiease. • Includes tax reimbursement of 0.065 cent. ! Snhf ur i base is 1465 P-s.i.a. 18 Contract am endm ent dated Oct. 29, 1969, w hich provides the basis for rate 1 Sub ect to H an B-t u. adjustment. 13 Renegotiated rate increase. aes dehydration charge of 0.75-cent deducted b y buyer.

cre^eC Skoutl;^ ith the flling of its rate 3 interest to accept for filing Skelly’s proposed price levels for increased rates as set forth contract fl~ly P11 Co‘ (Skelly) submitted contract amendment to become effective as in the Commission’s statement of general dated ° ctober 29. 19 of January 1, 1970, thex proposed effective policy No. 61-1, as amended (18 CFR, Chap­ W a»« Supplement No. 6 to Skell date, but not the proposed rate contained fvides the £25 ?chedule No- 51, which pi therein which is suspended! as ordered herein. ter I, Part 2, § 2.56). ;We believed +°^its ProP°sed rate increa All of the producers’ proposed increased [F.R. Doc. 70-360; Filed, Jan. 13, 1970; ! oeueve that it would be in th e pub rates and charges exceed the applicable area 8:45 a.m.j À

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 • ■ ■. . ' / 490 NOTICES

[Docket No. RI7O-022 etc.] (A) Under the Natural Gas Act, par­ within 15 days after the filing of their ASHLAND OIL & REFINING CO. ET AL. ticularly sections 4 and 15, the regula­ respective agreements and undertakings tions pertaining thereto (18 CFR ch, I), such agreements and undertakings shali Order Providing for Hearing on and and the Commission’s rules of practice be deemed to have been accepted.8 Suspension of Proposed Changes in and procedure, public hearings shall be (C) Until otherwise ordered by the Rates, and Allowing Rate Changes held concerning the lawfulness of the Commission, neither the suspended sup­ proposed changes. To Become Effective Subject to plements, nor the rate, schedules sought (B) Pending hearings and decisions to be altered, shall be changed until dis­ Refund 1 thereon, the rate supplements herein position of these proceedings or expira­ December 30,1969. are suspended and their use deferred tion of the suspension period. The respondents named herein have until date shown in the “Date Suspended (D) - Notice^ of intervention or peti­ filed proposed changes in rates and Until’’ column, and thereafter until made tions to intervene may be filed with the charges of currently effective rate sched­ effective as prescribed by the Natural Federal Power Commission, Washington, ules for sales of natural gas under Com­ Gas Act: Provided, however, That the D.C., 20426, in accordance with the rules mission jurisdiction, as set forth in supplements to the rate schedules filed Appendix A hereof. by respondents, as set forth herein, shall of practice and procedure (18 CFR 1.8 . The proposed changed rates and become effective subject to refund on the and 1.37 (f) ) on or before February 10, charges may be unjust, unreasonable, date and in the manner herein prescribed 1970. unduly discriminatory, or preferential, or -if within 20 days from the date of the By the Commission. otherwise unlawful. issuance of this order respondents shall The Commission finds: It is in the each execute and file under its above- [seal] G ordon M. G r a n t , ; public interest and consistent with the designated docket number with the Sec­ Secretary. Natural Gas Act that the Commission retary of the Commission its agreement enter upon hearings regarding the law­ and undertaking to comply with the 2 If an acceptable general undertaking, as fulness of the proposed changes, and that refunding and reporting procedure re­ provided in Order No 377, has previously the supplements herein be suspended and quired by the Natural Gas Act and § 154.- been filed by a producer, then it will not be necessary for that producer to file an agree­ their use be deferred as ordered below. 102 of the regulations thereunder, ac­ ment and undertaking as provided herein. The Commission orders : companied by a certificate showing serv­ In such circumstances the producèr’s pro­ ice of copies thereof upon all purchasers posed increased rate will become effective as 1 Does not consolidate for hearing or dis­under the rate schedule involved. Unless of the expiration of the suspension period pose of the several matters herein. respondents are advised to the contrary without any further action by the producer.

A ppendix A

Cents per Mcf Rate in Sup­ A m ount D ate Effective D ate effect Docket Respondent sched­ ple­ Purchaser and producing area of •filing date suspended R ate Proposed subject No. ule m ent annual tendered unless until— in increased to refund : N o. N o. increase suspended effect rate in Dockets Nos.

RI70-922... Ashland Oil & Refining Co. 10176 1 Cities Service Gas Co. (Waynoka $1,080 11-17-69 3 1-1-70 41-2-70 » 814.0 » 6 7 8 is. o Post Office Box 18695, Field, Woodward County, Oklahoma City, Okla. (Panhandle Area) and - Okla. 73118. Woods County, Okla.) (Okla­ homa “Other” Area). BI70-923-.. American Petrofina Co. 70 15 Phillips Petroleum Co.8 (Texas- 897 11-12-69 si-1 -7 0 4 221-2-70 « 10.7703 «8» 11.47804 RI70-Ì93. of Texas, Post Office Hugoton Field, Sherman Box 2159, Dallas, County, Tex.) (RR. District Tex. 75221. ..N o. 10). R I70-924... Shell Oil Co., 50 West 23 >3 9 Phillips Petroleum Co.la (Hugoton 11-10-69 31-1-70 Accepted 60th St., New York, 23 10 Field, Sherman County, Tex.) < 81 11-10-69 » 1-1-70 4 1-2-70 4.29198 « >4 11.12650 N .Y . 10020. (R R . District N o. 10). RI70-925... Amerada Hess Corp., »« 123 2 Cities Service Gas Cö. (North 359 11-14-69 31-1-70 4 1-2-70 8 >» 14.0 8 8 8 18 16.0 RI65-519. Post Office Box 2040, Waynoka Field, Woods County, Tulsa, Okla. 74102. Okla.) (Oklahoma “Other” A rea)...... do____... _____a...... 107 6 7,955 11-12-69 8 1-1-70 4 1-2-70 8 18 14.0 8 8 8 18 15. 0 RI65-520. RI70-926-". Carl E. Gungoll, et al., 1 » RI65-493. 5 Cities Service Gas Co. (Northeast 1 188 11-17-69 » 1-1-70 4 1-2-70 « 14.0 » « 815.0 Post Office Box 581, Waynoka Field, “Woods County, E nid, Okla. 73701. Okla.) (Oklahoma “Other” Arfea)...... d o__,...... R 165-493. 1 >8 6 . 780 11-17-69 31-1-70 4 1-2-70 814. o » « 815.0 ...... d o ...... 19 7 RI65-493. 1 ...... do...... 219 11-17-69 » 1-1-70 ' 4 1-2-70 8 14.0 8 8 8 15. 0 ...... do...... ' 21 1 8 ...... d o ...... 108 11-17-69 s 1-1-70 4 1-2-70 • 20 14.0 8 « 8 15. 0

® The stated effective date is the effective date requested by Respondent. 13 Letter agreement dated Oct. 1,1969, which provides for increased rate. 4 The suspension period is limited to 1 day. 14 Renegotiated rate increase. * Periodic rate increase. 15 Includes 0.75-cent compression charge deducted by buyer. ... * Pressure base is 14.65 p.s.i.a. > ** Contract dated after Sept. 28, 1960, the date of issuance of general policy siaw" 2 Includes 0.75-cent dehydration charge deducted by buyer. ment No. 61-1 and increased rate does not exceed initial rate ceiling of 15 cents per I Subject to a downward B.t.u. adjustment. Mcf. * Phillips gathers and processes the gas under its Rate Schedule No. 4 and resells 17 Applicable to Vi'ola Clemence U nit. the residue gas to Michigan-Wisconsin Pipe Linè Co. at a present effective raté of 18 Applicable to L. G. Bixler B Unit No. 1. 15.22 cents plus tax reimbursement which is subject to refund in Docket No. RI65-526. 18 Applicable to Bertha Miller Unit. A rate of 16.22 cents plus applicable tax reimbursement is suspended in Docket No. 28 Initial certificated rate. r RI70-28 u ntil Jan. 1,1970. 21 Basic contract dated after Sept. 28, 1960, the date of issuance of general poncy ‘o Basic contract dated after Sept. 28, 1960, the date of issuance of general policy No. 61-1 and proposed rate does not exceed area initial rate ceiling. , statem ent N o. 61-1. ^ . 22 Or 1 day from the date Phillips makes its 16.22-cent rate effective subject to reran II Revenue-sharing rate increase. in Docket No. RI70-28. u Phillips gathers and processes the gas and resells the residue gas to interstate pipeline companies at rates which Me effective subject to refund.

American Petrofina Company of Texas a base rate of 16.22 cents which is suspended suspended because such ceiling is , (Petrofina) proposes a revenue-sharing In­ in Docket No. RI70-28 until January 1, 1970. to Phillips’ resale rate and not to Petrofina crease to Phillips Petroleum Co. (Phillips) in The contract provides for revenue-sharing rate. Since Petrofina’s rate is geared to Phi ” Texas Railroad District No. 10. Phillips increases to Petrofina based on increased lips’ suspended rate in Docket No. R14.0" gathers arj.d processes the gas and resells the rates collected by Phillips and not merely we conclude that it should be suspended I residue gas to Michigan Wisconsin Pipe Line contractually due. Petrofina’s proposed rate 1 day from January 1, 1970, or 1 day fro Co. at a present effective rate of 15.22 cents exceeds the area increased rate ceiling for any such later date that Phillips makes; plus tax reimbursement which is effective Texas Railroad District No. 10 as announced related suspended 16.22-cent rate effec i * subject to refund in Docket No. RI65-526. in the' Commission’s statement of general Concurrently with the filing of its rate Petrofina’s proposed increase is geared to policy No. 61-1, as amended, and should be increase, Shell Oil Co. (Shell) submitted a

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 491 letter agreement dated October 1, 1969, des­ [Docket No. RI70-907 etc.] by respondents, as set forth herein, shall ignated as Supplement No. 9 to Shell’s PPC become effective subject to refund on the Gas Rate Schedule No. 23, w hich provides for BOWERS DRILLING CO. ET AL. date and in the manner herein pre­ its proposed rate increase. We believe that it scribed if within 20 days from the date would be in the public interest to accept for Order Providing for Hearing on and Suspension of Proposed Changes in of the issuance of this order respondents filing Shell’s letter agreement to become ef­ shall each execute and file under its fective as of January 1, 1970, the proposed Rates, and Allowing Rate Changes effective date, but not the proposed rate con­ above-designated docket number with tained therein which is suspended as ordered To Become Effective Subject to the Secretary of the Commission its herein. Refund 1 agreement and undertaking to comply Shell’s proposed renegotiated rate increase December 24,1969. with the refunding and reporting pro­ to Phillips in Texas Railroad District 10 to The respondents named herein have cedure required by the Natural Gas Act 11.12650 c e n ts p e r M c f e x c e e d s t h e a r e a i n ­ filed proposed changes in rates and and § 154.102 of the regulations there­ creased rate ceiling. Phillips gathers and charges of currently effective rate sched­ under, accompanied by a certificate processes the gas and resells the residue gas showing service of copies thereof upon to interstate pipeline companies at resale ules for sales of natural gas under Com­ rates which are effective subject to refund. mission jurisdiction, as set forth in all purchasers under the rate schedule It cannot be determined under which of Appendix A hereof. involved. Unless respondents are advised Phillips’ rate schedules the gas is resold;, The proposed changed rates and to the contrary within 15 days after the however, Shell’s proposed rate is not . con­ charges may be unjust, unreasonable, filing of their respective agreements and tractually geared or related to any of Phil­ unduly discriminatory, or preferential, or undertakings, such agreements and lips’ resale rates in the area. Since the buy­ otherwise unlawful. undertakings shall be deemed to have er’s, Phillips, resale rates are in effect subject been accepted.* to refund we conclude that Shell’s rate in­ The Commission finds : It is in the pub­ crease should be suspended for 1 d a y fr o m lic interest and consistent with the Nat­ (C) Until otherwise ordered by the January J, 1970, the proposed effective date. ural Gas Act that the Commission enter Commission, neither the suspended sup­ The basic contracts related to the proposed upon hearings regarding the lawfulness plements, nor the rate schedules sought rate increases filed by Ashland Oil & Refin­ of the proposed changes, and that the to be altered, shall be changed until dis­ ing Co. (Ashland), Amerada Hess Corp. supplements herein be suspended and position of these proceedings or expira­ (Amerada) (Amerada’s Rate Schedule' No. their use be deferred as ordered below. tion of the suspension period. 123), and Carl E. Gungoll et al. (Gungoll^ The Commission orders: (D) Notices of intervention or peti­ were executed subsequent to September 28, (A) Under the Natural Gas Act, par­ tions to intervene may be filed with the 1960, the date of issuance of the Commis­ Federal Power Commission, Washington, sion’s statement of general policy No. 61-1, ticularly sections 4 and 15, the regula­ as amended, and the proposed increased rates tions pertaining thereto (18 CFR Ch. I), D.C. 20426, in accordance with the rules are above the applicable ceilings for increased and the Commission’s rules of practice of practice and procedure (18 CFR 1.8 rates but below the initial service ceilings and procedure, public hearings shall be and 1.37(f)) on or before February 10, for the areas involved. We believe, in this held concerning the lawfulness of the 1970. situation, Ashland, Amerada and G ungoll’s proposed changes. By the Commission. proposed rate filings should be suspended (B) Pending hearings and decisions for 1 day from January 1, 1970, the pro­ thereon, the rate supplements herein [seal] G ordon M. G rant, posed effective date. are suspended and their use deferred Secretary. All of the producers’ proposed increased until date shown in the “Date Suspended 2 If an. acceptable general undertaking, as rates and charges exceed the applicable area Until” column, and thereafter until made provided in Order No. 377, has previously price levels for increased rates as set forth effective as prescribed by the Natural been filed by a producer, then it will not be in the Commission’s . statem ent of general Gas Act: Provided, however, That the necessary for that producer to file an agree­ policy No. 61-1, as amended (18 CFR, Chap­ supplements to the rate schedules filed ment and undertaking as provided herein. In such circumstances the producer’s pro­ ter I, Part 2, § 2 .5 6 ). posed increased rate will become effective as [P.R. Doc. 70-361; Filed, Jan. 13, 1970; 1Does not consolidate for hearing or dis­ of the expiration of the suspension period 8 :4 5 a .m .] pose of the several matters herein. without any further action by the producer.

A ppendix A

Cents per Mcf Rate in Rate Sup­ A m ount D ate Effective D ate effect Docket Kespondent sched­ ple­ Purchaser and producing areaof filing date suspended Rate Proposed subject No. . ^ ule m ent annual tendered unless until— in -increased to refund N o. N o. increase suspended effect rate in dockets N os.

RI70-907.. Bowers Drilling Co. 3 2 Cities Service Gas Co...... $3,500 11-28-69 s12-29-69 » 12-30-69 14.0 ‘»15.0 RI65-353; (operator) et al. 1 3 ____ d o ...... —------3,070 12- 1-69 » 1- 1-70 « 1- 2-70 14.0 « 8 15.0 RI65-381: RTînÎm" ? T eïs Drilling Co., Inc.. 10 1 ...... do...... 1,520 11-28-69 812-29-69 « 12-30-69 14.0 *» 15.0 RI70-909-. J. A. Mull, Jr. (operator) 7 3 1 ...... do...... 500 11-28-69 »12-29-69 « 12-30-69 14.0 8» 15.0

RI70-910.. Humble O il* Refining 428 3 Panhandle Eastern Pipe Line Co____ m 11-24-69 »12-25-69 » 12-26-69 17.0 «w 17.01 — -do...... 321 4 Natural Gas Pipeline Go. of America. - 54 11-24-69 •12-25-69 « 12-26-69 17.0,«* ‘ » 18.515 ...... do...... 326 2 ...... do__...... 18 11-24-69 » 12-25-69 • 12-26-69 12.0 «‘8 12.015 ...... do______379 5 ____ do...... 1 11-24-69 • 12-25-69 812-26-69 17.0 8 » 17.015 ...... do...... 426 1 Northern Natural Gas Co...... 22 11-24-69 » 12-25-69 « 12-26-69 17.0 »»»17.015 — -do...... 278 6 Natural Gas Pipeline Co. of America.. 39 11-24-69 • 12-25-69 612-26-69 18.0 8 w 18.015 ...... dò...... 194 4 Kansas Nebraska Natural Gas Co___ 8 11-24-69 » 12-25-69 812-26-69 17.0 8 » 17.01 - — do...... 197 18 Colorado Interstate Gas Co...... 215 11-24-69 •12-25-69 « 12-26-69 17.0 » ‘«17.015 RI68-2. (M) » 17.0 » ‘« 18.015 RI68-2. 203 5 Northern Natural Gas Co______U 11-24-69 » 12-25-69 8 12-26-69 17.0 8 ‘0 17.015 RI68-2. fcl70-91l__ Humble Oil & "Refining 11 333 5 Natural Gas Pipeline Co. of America.. 28 11-24-69 • 12-25-69 812-26-69 12.0 » ‘0 12.015 Co. (Operator) et al...... d o ... . U 327 17 Northern Natural Gas C o______6,878 11-24-69 • 12-25-69 « 12-26-69 17.0 <«-18.015 ...... do______407 2 Natural Gas Pipeline Co. of America.. 33 11-24-69 • 12-25-69 « 12-26-69 17.0 8 W 17.015 331 17 Arkansas Louisiana Gas Co___ :______39 11-24-69 » 12-25-69 « 12-26-69 17.8 81» 17.815 RI79-912.. National Cooperative * 11 1 Panhandle Eastern Pipe Line Co____ 530 11-24-69 » 12-25-69 « 12-26-69 14.0 ‘ » 15.0 Refinery Association.

4 P erin d K ^ ec^w <*a*e k fl1® first day after expiration of the statutory notice, • The stated effective date is the effective date requested by Respondent, i p . „ 1c rate increase. to Tax reimbursement increase. « 18 P-s.i.a. it Contract dated after Sept. 28,1960, the date of issuance of general policy statement » P0110/w lim ited to 1 day. No. 61-1 and the proposed rate does not exceed the initial area rate ceiling of 17 cents No. 6l-i and SfPt. 28,1900, the dote of issuance of general policy statem ent per Mcf. Mcf. u tne Proposed rate does not exceed the initial rate ceiling of 16 cents per « Applicable to acreage by Supplement No. 14 only, 1 Less that $1. is N o current deliveries.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 492 NOTICES

Bowers Drilling Co., Inc. (Operator), et al., previous Commission action taken on tax ural Gas Act that the Commission enter Bowers Drilling Co., Inc., and J. A. Mull, Jr. filings we conclude that Humble’s proposed upon hearings regarding the lawfulness (Operator) et al. request that their proposed increases containing such tax reimbursement rate increases be permitted to become ef­ should be suspended for' 1 day from De­ of the proposed changes, and that the fective on December 22, 1969. Good cause has cember 25, 1969, the proposed effective date. supplements herein be suspended and not been shown for waiving the 30-day notice All of the producers’ proposed increased their use be deferred as ordered below. requirement provided in section 4(d) of the rates and charges exceed the applicable area The Commission orders : Natural Gas Act to permit an earlier effective price levels for increased rates as set forth (A) Under the Natural Gas Act, par­ date for the aforementioned producers’ rate in the Commission’s statement of general ticularly sections 4 and 15, the regula­ filings and such requests are denied. policy No. 61-1, as amended (18 CPR, Chap­ tions pertaining thereto (18 CPR, ch. I), The contracts related- to Humble Oil & Re­ ter I, Part 2, § 2.56). and the Commission’s rules of practice fining Co. (Operator) et al. (Humble) (Hum­ [F.R. Doc. 70-362; Piled, Jan. 13, 1970; ble’s PPC Gas Rate Schedules Nos. 333 and and procedure, public hearings shall be 8 :4 5 a .m .] 327), and J. A. Mull, Jr. (Operator), et al., held concerning the lawfulness of the FPC Gas Rate Schedule No. 3, were executed proposed changes. subsequent to September 28, 1960, the date [Docket No. RI70-890 etc.] (B) Pending hearings and decisions of issuance of the Commission’s statem ent of thereon, the rate supplements herein are general policy No. 61-1, as amended, and the GLASSCOCK OIL CO. ET AL. suspended and their use deferred until proposed rates exceed the area increased rate date shown in the “Date Suspended Un­ ceilings but do not exceed the initial service Order Providing for Hearings on and til” column, and thereafter until made ceilings for the areas involved. We believe, Suspension of Proposed Changes in in this situation Humble antj M ull’s proposed effective as prescribed by the Natural rate increases under the aforementioned rate Rates 1 Gas Act. schedules should be suspended for 1 d a y fr o m (CX Until otherwise ordered by thf D e c e m b e r 24,1969. December 29, 1969, the expiration date of the Commission, neither the suspended sup­ statutory notice .14 The respondents named herein have plements, nor the rate schedules sought filed proposed increased rates and to be altered, shall be changed until dis­ Several of H um ble’s proposed rate increases charges of currently effective rate sched­ reflect partial reimbursement of the increase position of these proceedings or expira­ ules for sales of natural gas under Com­ tion of the suspension period. in Oklahoma excise tax which became ef­ mission jurisdiction, as set forth in Ap­ fective on July 1, 1967.- Consistent with (D) Notices of intervention or peti­ pendix A hereof. tions to intervene may be filed with the The proposed changed rates and Federal Power Commission, Washington, 14 The contract related to National Cooper­ charges may be unjust, unreasonable, un­ D.C. 20426, in accordance with the rules ative Refinery Association (National) was ex­ duly discriminatory, or preferential, or of practice and procedure (18 CPR 1.8 ecuted subsequent to Sept. 28, 1960; and the otherwise unlawful. proposed rate exceeds the area increased and 1.37(f)) on or before February 10, The Commission finds : It is in the pub­ 1970. rate celling but does not exceed the initial lic interest and consistent with the Nat- service ceiling of 16 cents per Mcf. We believe By the Commission. that National’s rate increase should be ac­ c o r d e d a 1 day suspension period from 1Does not consolidate for hearing or dis­ [ s e a l ] G o r d o n M . G r a n t , Dec. 25, 1969, the proposed effective date. pose of the several matters herein. Secretary.

Appendix A

Cents per Mcf Rate in R ate Sup- A m ount D ate Effective D ate effect sub­ Docket Respondent . sched- pie- Purchaser and producing area of filing date suspended ject to No. ule ment annual tendered unless until— R ate in Proposed refund in N o. N o. increase suspended effect increased rate dockets Nos.

RI70-890.. Glasscock Oil Co. " 1 14 Tennessee Gas Pipeline Co., a $34,282 11-26-69 212-27-69 5-27-70 » 14.6 » « « 16.66142 (Operator) et al., division of Tenneco Inc. (Capt. c/o Ralph J. Gra­ Lucy and North Alice Fields, ham , E sq., 1913-13 Nueces and Jim Wells Counties, T he 600 Bldg., Tex.) (RR. District No. 4). Corpus Christi, Tex. 78401. RI70-891-. Belco Petroleum 1 «33 El Paso Natural Gas Co. (Big 200 11-28-69 212-29-69 5-29-70 *15.0 .« 7 « 16.0 RI62-37. Corp., 630 Third . Piney Field, Sublette and Ave., New York, Lincoln Counties, Wyo.). N .Y . 10017. Belco Petroleum 2 21 ...... d o ...... 200 11-28-69 » 12-29-69 5-29-70 • 15.0 • 7 « 16.0 RI62-37. Corp...... do...... 3 19 El Paso Natural Gas Co. (Big 2,616 11-28-69 212-29-69 5-29-70 » » 15.384 7 » io 18.0 Piney and Piney Fields, Sublette and Lincoln Coun­ ties, Wyo.). RI70-892.. Marathon Oil Co. 5 9 El Paso Natural Gas Co. (Bline- 11,328 11-24-69 2212-25-69 5-25-70 14.99 4 is is 17.6398 (Operator) et al., bry-Tubb Gas Pool, Lea Coun- ■ 1,383 4 » 1*17.9023 639 South Main St., ty, N. Mex.) (Permian Basin Findlay, Ohio Area). 45840. R 170-893...... do...... 6 8 El Paso Natural Gas Co. (Jalmat 3,603 11-24-69 1212-25-69 5-25-70 13.79 4 13 is 17.6398 Gas Pool, Lea County, 428 4 l* M 17.9023 N. Mex.) (Permian Basin Area)...... d o ...... 27 8 El Paso Natural Gas Co. 306 11-24-69 1212-25-69 5- 25-70 13.41 4 l* is 17.1896 (Eumont Unit, Lea County, 36 11-24-69 »212-25-69 6- 25-70 . 4 13 14 is 17.4454 N . Mex.) (Permian Basin Area). RI69-649- RI70-894.. Texaco, Inc. 211 >7 15 El Paso Natural Gas Co. (La 70,495 11-24-69 212-25-69 5-25-70 17.435 1 « 20.50 (Operator) et al., Barge Field, Lincoln and Houston, Tex. Sublette Counties, Wyo.). 77052. RI70-895-. J. Gregory Merrion 3 6 El Paso Natural Gas Co. (Gavilan 400 11-25-69 » 12-26-69 5-26-70 12.0495 7 313.0536 (Operator) et al., Pictured Cliffs Field, Rio c/o Robert L. Arriba County, N. Mex.) (San Bayless, Post Office Juan Basin Area). Box 1541, Farming- ton, N . Mex. 87401. RI70-896.. J. Gregory Merrion 8 9 El Paso Natural Gas Co. 2,000 11-25-69 212-26-69 5-26-70 13.0 » » 15.0 et al. (Ignacio Pool, La Plata County, Colo.). RI70-S62. RI70-897-. Kerr-McGee Corp., - 88 3 Northern Natural Gas Co. 10,539 11-24-69 « 12-25-69 5-25-70 W2i 17.0638 1 7 so si 18.0675 Kerr-McGee Bldg., (Kiowa Creek Field, Lipscomb 3,045 20 22 17. 0 4 7 30 33 18. 015 Oklahoma City, County, Tex.) (RR. District Okla. 73102. N o. 10) and Laveme Morrow Pool, Beaver County, Okla. (Panhandle Area). See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 493

Appendix A— Continued

Cents per Mof Rate in R ate Sup­ A m ount D ate Effective D ate effect sub­ Docket Respondent sched­ ple- Purchaser and producing area of filing date suspended ject to No. ule m ent annual tendered unless until— R ate in Proposed refund in N o . N o. increase suspended effect increased rate dockets N os.

R170-898-. Ashland Oil & Refin­ 150 5 Natural Gas Pipeline Co. of $3,782 11-26-69 « 12-27-69 5-27-70 2* 20.4020 ‘ t 28 20.9385 ing Co., Post Office America (Northeast Quinlan Box 18695, Okla­ Field. Woodward County, homa City, Okla. Okla.) (Panhandle Area). 73118. R170-899-. National Cooperative 10 5 Panhandle Eastern Pipe Line 1,590 11-24-69 « 12-25-69 5-25-70 17.0 *7 18. 0 R 165-27. Refinery Associa­ Co. (Richfield Field, Morton tion, McPherson, County, Kans.). Kans. 67460. RI70-900-- Diamond Shamrock 28 5 Northern Natural Gas Co. 1,462 11-24-69 « 12-25-69 5-25-70 20 17.0638 * ' 2« 18.0675 RI63-421. Corp., Post Office (Ochiltree County, Tex.) (RR. Box 631, Amarillo, District No. 10). Tex. 79105. R170-901.. Diamond Shamrock 34 2 Natural Gas Pipeline Co. of . 25,886 11-24-69 « 12-25-69 5-25-70 20 17.0638 * 12* 18. 5694 RI70-287. Corp. (Operator). America (McKee Plants, Moore County, Tex.) (RR. District N o . 10) (Ochiltree C ounty production). ‘ 72« ig. 5694 ...... do...... 36 2 Natural Gas Pipeline Co. of 62.742 11-24-69 ‘212-25-69 5-25-70 2« 17.0638 RI70-287. America (McKee Plants, Moore County, Tex.) (RR. District N o. 10) (Ochiltree and Roberts Counties, Tex. production). RI70-902-- Pan American Petro­ 390 8 Natural Gas Pipeline Co. of 1,026 11-25-69 ‘2 12-27-69 5-27-70 24 17.27 « 7 *4 18.3385 RI69-349. leum Corp. America (Boonesville Field, Jack County, Tex.) (RR. Dis­ trict No. 9). 4 7 2« 17 RI70-903-- Maynard Oil Co. 1 16 Natural Gas Pipeline Co. of 1,596 11-28-69 » 12-29-69 5-29-70 2516.25 .3138 RI67-299. (Operator) et al., America (Boonsville Bend 2050 One Main PL, Field, Jack County, Tex.) Dallas, Tex. 75250. (RR. District No. 9).' ...... do...... 4 3 Natural Gas Pipeline Co. of 26,595 11-28-69 212-29-69 5-29-70 2« 16.25 4 7 24 17.3138 RI67-299. America (Boonsville Bend Field, Wise County, Tex.) (RR. District No. 9). 3 3,723 11-28-69 2 12-29-69 5-29-70 ** 16.25 «7 *417.3138 RI67-299. RI70-904-. Maynard Oil C o...... - 2 7 ____ do______4,255 11-28-69 2 12-29-69 5-29-70 2« 16.25 4 12417. 3138 R 167-300. R170-905.. Humble Oil & Refin­ 322 2 Panhandle Eastern Pipe Line 596 11-24-69 1212-25-69 5-25-70 17.0 ‘ 7 18.01 ing Co., Post Office Co. (Mocane-Laveme Field, Box 2180, Houston, Beaver County, Okla.) (Pan­ Tex. 77001. handle Area)...... do...... 399 4 Michigan Wisconsin Pipe Line 4,380 11-24-69 « 12-25-69 5-25-70 2» 17.0 4 2* 2« 20.51 RI68-366. Co. (Woodward Area, Dewey County, Okla.) (Oklahoma “Other” Area)...... do...... 364 6 Panhandle Eastern Pipe Line 339 11-24-69 >212-25-69 5-25-70 2*17.0 ' *7 2» 18.015 K168-551. Co. (Northeast Trail Field, Dewey County, Okla.) (Okla­ homa “Other” Area)...... do...... 316 8 Michigan Wisconsin Pipe Line 5,555 11-24-69 1212-25-69 5-25-70 *» 17.0 4 2» 27 20. 51 RI68-436. Co. (Woodward Area, Dewey and Major Counties, Okla.) (Oklahoma “Other” Area)...... do...... 211 16 Panhandle Eastern Pipe Line 6,345 11-24-69 «12-25-69 5-26-70 17.0 4 718.015 RI68-2. Co. (Greenough-Leslie Field, Beaver County, Okla.) (Pan­ handle Area)...... do...... 332 9 Arkansas Louisiana Gas Co. 7,767 11-24-69 12 12-25-69 5-25-79 17.0 4 717.815 RI68-223. (Lacy Area, Kingfisher Coun­ ty, Okla.) (Oklahoma “Other” Area)...... do...... 402 1 Panhandle Eastern Pipe Line 1,274 11-24-69 «* 12-25-69 5-25-70 2» 17.0 4 7 2» 18.015 Co. (Southeast Gage Field, Ellis County, Okla.) (Pan­ handle Area)...... do...... 410 1 Northern Natural Gas Co. 141 11-24-69 «12-25-69 5-25-70 2*17.0 « 7»» 18.015 (Arnett Field, Ellis County, Okla.) (Panhandle Area)...... do...... 456 8 Transwestem Pipeline Co. 382 11-24-69 « 12-25-69 5-25-70 » 19.5853 4 20 24 21. o RI69-722. (Mendota Field, Hemphill County, Tex.) (RR. District N o. 10)...... do...... 346 14 Transwestem Pipeline Co. 26,768 11-24-69 « 12-25-69 5-25-70 »> 19.5853 4 20 21 21. 0 RI66-28 (Mendota Field, Hemphill and and Roberts Counties, Tex.) (RR. R I69- District No. 10). 734...... do...... 223 6 Texas Gas Transmission Corp. 4,441 11-24-69 « 12-25-69 5-25-70 » » 18. 25 T » 20 20 19. 75 (Red Rock et al., Field, Webster, and Claiborne Parishes, La.) (North Louisiana Area)...... do...... 340 3 Colorado Interstate Gas Co. 460 11-24-69 « 12-25-69 5-25-70 ** 17.0 4 7 2* 18.015 (Mocane Field, Beaver County, Okla.) (Panhandle Area)...... do...... 348 5 Michigan Wisconsin Pipe Line Co. 3,967 11-24-69 « 12-25-69 5-25-70 » 17.0 4 »* M 20. 61 (Woodward County, Okla.) (Panhandle Area). —-.-d o ...... 248 5 Panhandle Eastern Pipe Line Co. 5,820 11-24-69 « 12-25-69 5-25-70 »* 17.0 ‘ 2**2 20.5 (East Mocane Field, Beaver County, Okla.) (Panhandle Area)...... do...... 268 2 Arkansas Louisiana Gas Co. 5,363 11-24-69 « 12-25-69 5-25-70 »* 18.33 7 • ** 19.83 (Cheniere Brake Field, Ouichita Parish, La.) (North Louisiana Area). See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 N o. 9- 494 NOTICES

Appendix A—Continued

Cents per Mcf Rate In R ate Sup­ A m ount D ate Effective D ate effect sub­ Docket Respondent sched­ ple­ Purchaser and producing area of filing date suspended ject to N o. ule m ent annual tendered unless untU— R ate in Proposed refund in N o. N o. increase suspended effect increased rate dockets Nos.

...... do...... 279 3 Northern Natural Gas Co. (Cam- $390 11-24-69 7312-25-69 5-25-70 3817.0 4 7 28 18.015 rick Field, Beaver County, Okla.) (Panhandle Area). — do...... 310 6 Michigan Wisconsin Pipe Line 3,731 11-24-69 72 12-25-69 5-25-70 8418.5 7 834 22.25 Co. (Holly Ridge Field, Tensas Parish. La.) (North Louisiana)...... do...... 205 6 Panhandle Eastern Pipe Line 98 11-24-69 22 12-25-69 5-25-70 17.0 4 7 18.01 RI68-2. Co. (Greenough-Light Field, Beaver County, Okla.) (Pan­ handle Area). ____ do...... 208 3812 Northern Natural Gas Co. 11-24-69 3 12-25-69 Accepted 208 13 (Hugoton Field, Finney 3,056 11-24-69 3 12-25-69 5-25-70 13.5 4 20 86 X7. 0 County, Kans.). ____ do...... 221 6 Northern Natural Gas Co. 279 11-24-69 72 12-25-69 5-25-70 «117.0 4 7 28 17.515 RI68-2. (Dower Field, Beaver County, Okla.) (Panhandle Area). ____ d o ...... 231 5 Texas Gas Transmission Corp. 2,874 11-24-69 72 12-25-69 5-25-70 28 38 18. 75 «7 20 30 20.25 (Calhoun Field, Ouachita Parish, La.) (North Louisiana)...... do...... 232 7 Lone Star Gas Co. (Deep Knox ( 37) 11-24-69 72 12-25-69 5-25-70 17.9 4 7 19.015 RI68-2. Field, Grady and Stephens Counties, Okla.) (Carter-Know Area). RI70-906-. Humble OU & Refin­ 430 7 Michigan Wisconsin Pipe Line Co. 198 11-24-69 7212-26-69 6-25-70 28 88 15.0 4 23 38 20.51 ing Co. (Operator) (Woodward Area, Dewey 1,245 28 48 17.0 4 28 38 20.51 RI68-367. et al. County, Okla.) (Oklahoma “Other” Area)...... do...... ' 239 38 Transwestem Pipe Line Co., 198,905 11-24-69 7 2 12-25-69 5-25-70 28 47 19.5853 4 20 23 41 2 1 . 0 RI69-726. (Panhandle Area, Various 4,697 28 42 19.5 4 20 28 42 2 0 . 51 RI69-726. Counties, Tex.) (R R. District N o. 10 and Oklahoma Pan­ handle Area)...... do...... 307 9 Natural Gas Pipeline Co. of 507 11-24-69 7 2 12-25-69 5-25-70 38 84 18.0675 4 7 20 3« 19.0713 RI69-414. America (Bryans Mill Field, Cass County, Tex.) (R R. District No. 6).

3 The stated effective date is the first day after expiration of the statutory notice. 3 Two-step periodic rate increase. 28 Subject to upward and downward B .t.u. adjustm ent. B uyer deducts 8.25 cent to 4 Pressure base is 14.66 p.s.i.a. pay processor for dehydration. . 8 Subject to a 0.21931-cent dehydration charge by buyer. 28 Filing to initial contract rate plus tax reimbursement. 8 Applicable to low pressure gas sold under the terms of the agreement dated Feb. 27 Fractured rate increase. Respondent contractually due 22 cents plus tax reim­ 19.1963. bursement. 7 Periodic rate increase. 28 Fractured rate increase. Respondent contractually due 26 cents plus tax reim­ 8 Footnote 8 not used. bursem ent. 8 Pressure base is 16.025 p.s.i.a. 28 Fractured rate increase. Respondent contractually due 26 cents plus tax reim­ 10 Applicable to gas sold under Supplemental Agreement dated Apr. 4,1963. bursem ent. 11 Initial rate. 38 Includes 1.75-eent tax reimbursement. 73 The stated effective date is the effective date requested by respondent. 37 Fractured rate increase. Respondent contractually due 22 cents plus tax reim­ 13 Increase from applicable area ceiling rate to contract rate. bursem ent. 14 Applicable to residue gas volumes—includes partial reimbursement for 0.55 per­ 32 Fractured rate increase. cent increase in New Mexico Emergency School Tax. 33 Includes 1.33-oent tax reimbursement. 18 Applicable to gas lost in processing (plant fuel and shrinkage)—includes partial 34 Includes 1.5-cent tax reimbursement. reimbursement for full 2.55 percent N ew Mexico Emergency School Tax. 38 Letter agreement dated Oct. 12, 1960, which provides for the proposed rate in­ 18 Base rate plus tax reimbursement less 0.4467-cent compression charge. crease. 17 Not applicable to Supplement Nos. 13 and 14. 38 Redetermined rate increase. 78 Increase from fractured rate to present contract rate. 37 No current deliveries. 781 cent per Mcf periodic increase plus 1-cent minimum guarantee for liquids. 38 Filing to initial contract rate plus tax reimbursement. 20 Subject to a downward B.t.u. adjustment. 38 Applicable only to acreage added by Supplement No. 5. 27 Texas production. 40 Applicable to all acreage other than that added by Supplement No. 6. 22 Oklahoma production. 47 Applicable to Texas production. 23 Subject to upward and downward B.t.u. adjustment. 42 Applicable to Oklahoma production. 24 Includes base rate of 16 cents before increase and base rate of 17 cents after increase plus upward B.t.u. adjustment, tax reimbursement and 0.25 cent paid by buyer to seller for dehydration. Belco Petroleum Corp. (Belco) reguests spect thereto be limited to 1 day, or as short policy No. 61-1, as amended (18 CFR, Chap­ that its proposed rate increases be permitted a period as possible. Good cause has not been ter I, Part 2, § 2.56). to become effective as of November 28, 1969. shown for limiting to 1 day the suspension Maynard Oil Co. (Operator) et al. and May­ periods with respect to Humble’s rate filings [F.R. Doc. 70-363; Filed, Jan. 13, 1970; nard Oil Co. (both referred to herein as and such request is denied. 8:45 a.m.j Maynard) request an effective date of De­ Concurrently with the filing of its rate cember 27, 1969, for their rate filings. Texaco, increase, Humble submitted a letter agree­ [Docket No. RI70-913 etc.] Inc. (Operator)' et al. request an effective m ent dated October 12, 1960, designated as date of November 15, 1969, and J. Gregory Supplement No. 12 to Humble’s FPC Gas PRESTON OIL CO. ET AL. Merrion (Operator) et al. and J. Gregory Rate Schedule No. -208, which provides for Merrion et al. request effective date of Jan­ its proposed redetermined rate increase. We Order Providing for Hearing on and uary 1, 1969, and December 26, 1969, for his believe that it would be in the public inter­ proposed rate filings. Good cause has not Suspension of Proposed Changes in est to accept for filing Humble’s proposed Rates, and Allowing Rate Changes been shown for waiving the 30-day notice letter agreement to become effective as of requirement provided in section 4(d) of the To Become Effective Subject to Natural Gas Act to permit earlier effective December 25, 1969, the expiration date of the dates for the aforementioned producers’ rate statutory notice, but not the proposed rate Refund 1 filings and such requests are denied. contained therein which is suspended as D e c e m b e r 24, 1969. Humble Oil & Refining Co. and Humble Oil ordered herein. The respondents named herein have & Refining Co. (Operator) et al. (both re­ All of the producers’ proposed increased filed proposed changes in rates and ferred to herein as Humble) request that rates and charges exceed the applicable area should the Commission suspend their rate price levels for increased rates as set forth l Does not consolidate for hearing or dis­ filings that the suspension period with re- in the Commission’s statement of general pose of the several matters herein.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 49(5

targes of currently effective rate sched- (B) Pending hearings and decisionstakings shall be deemed to have been les for sales of natural gas under Com- thereon, the rate supplements herein are accepted.2 dssion jurisdiction, as set forth in Àp- suspended and their use deferred until (C) Until otherwise ordered by the endix A hereof. date shown in the “Date Suspended Commission, neither the suspended sup­ The proposed changed rates and Until” column, and thereafter until made plements, nor the rate schedules sought larges may be unjust, unreasonable, effective as prescribed by the Natural Gas to be altered, shall be changed until dis­ aduly discriminatory, or preferential, or Act: Provided, however, That the sup­ position of these proceedings or expira­ therwise unlawful. plements to the rate schedules filed by tion of the suspension period. The Commission finds: It is in the respondents, as set forth herein, shall be­ (D) Notices of intervention or peti­ come effective subject to refund on the tions to intervene may be filed with the ublic interest and consistent with the date and in the manner herein prescribed Federal Power Commission, Washing­ [atural Gas Act that the Commission if within 20 days from the date of the ton, D.C. 20426, in accordance with the ater upon hearings regarding the law- issuance of this order respondents shall rules of practice and procedure (18 CFR illness of the proposed changes, and each execute and file under its above- 1.8 and 1.37(f) on or before Febru­ hat the supplements herein be sus- designated docket number with the Sec­ ary 10,' 1970. retary of the Commission its agreement By the Commission. ended and their use be deferred as or- and undertaking to comply with the re­ [ered below. funding and reporting procedure re­ [ seal] G ordon M. G rant, The Commission orders: quired by the Natural Gas Act and Secretary. (A) Under the Natural Gas Act, par- § 154.102 of the regulations thereunder, 2 If an acceptable general undertaking, as Icularly sections 4 and 15, the regula- accompanied by a certificate showing provided in Order No. 377, has previously ions pertaining thereto (18 CFR ch. I), service of copies thereof upon all pur­ been filed by a producer, then it will not be chasers under the rate schedule involved. necessary for that producer to file an agree­ nd the Commission’s rules of practice Unless respondents are advised to the ment and undertaking as provided herein. In nd procedure, public hearings shall be such circumstances the ¡producer’s proposed contrary within 15 days after the filing increased rate will become effective as of the leld concerning the lawfulness of the of their respective agreements and un­ expiration of the suspension period without iroposed changes. dertakings, such agreements and under- any further action by the producer.

A ppendix A

Rate A m ount Effective Cents per Mcf Rate in ef- Docket Respondent Supple­ Purchaser and producing area of D ate date D ate feet subject No. ule m ent annual filing unless suspended R ate Proposed to refund in N o. N o. increase tendered suspended until— in increased dockets effect rate N os.

1170-913.. The Preston Oil Co., 39 2 U nited Fuel Gas Co. (Block 255 Field, $49,275 11-28-69 * 12-29-69 I® 12-30-69 » » » 18.5 • • 120.0 Post Office Box 1350, Vermilion Area, Offshore Louisi- ana). 1170-914,. Humble Oil & Refining 470 ¡1 Tennessee Gas Pipeline Co., a division 3,375 11-28-69 * 12-29-69 ‘0 12-30-69 i » » 18. 5 « • 120.0 Co., Post Office Box of Tenneco Inc. (Ship Shoal Block 2180, Houston, Tex. 176 Field, Offshore Louisiana). 77001. 1170-915.. Marathon Oil Co., 539 108 1 Southern Natural Gas Co. (Block 273, 0 11-28-69 41- 1-70 w 1- 2-70 » » » 18. 5 « • i 20.0 South Main St., Find­ 305 and 306, Main Pass Area, Off­ lay, Ohio 45840. shore Louisiana).

; Applicable to gas well gas sales only. • Area base rate for gas well gas sold under contracts dated after Oct. 1, 1968, as L v "? stated effective date is the first day after expiration of the statutory notice, or established in Opinion No. 546. »e date of initial delivery, whichever is later. w The suspension period is limited to 1 day. « p. e ncr1ease tiled pursuant to Paragraph (A) of Opinion No. 546-A. 11 Initial rate for sale of gas well gas as conditioned by temporary certificate Pressure base is 15.025 p.s.i.a. issued Nov. 20,1969, in Docket No. CI70-392. iTU.,je?t to quality adjustments. a Initial rate for sale of gas well gas as conditioned by temporary certificate issued L » loan*1? tor saje of gas well gas as conditioned by temporary certificate issued July 14,1969, in Docket No. CI69-962. Cl. a , 1969. in Doefret.-Wn nTWL-IOr The proposed rate increases, from 18.5 cen [Docket No. G-5061 etc.] Applicants have filed related FPC gas j? cents per Mcf, involve sales of thli image gas well gas in Offshore Louisiar SHELL OIL CO. ET AL. rate schedules or supplements thereto ' d were filed pursuant to ordering pars and propose to initiate, abandon, add to, £aPh (A) of Opinion No. 546-A which lift« Findings and Order After Statutory or discontinue in part natural gas service nn indefinite moratorium imposed in Opir Hearing in interstate commerce as indicated In . .No. 546 as to sales of offshore gas we the tabulation herein. All sales certifi­ as under contracts entitled to a third vii D ecember 30, 1969. cated herein are at rates either equal to age price (18.5 cents as adjusted for qualitj Findings and order after statutory or below the ceiling prices established by sucti producers to file for coi hearing issuing certificates of public con­ the Commission’s statement of general ac ually authorized increases up to tl venience and necessity, amending orders policy No. 61-1, as amended, or involve ; -cent base rate established in Opinion N issuing certificates, permitting and ap­ sales for which permanent certificates rere i onshore §as well gas. These produce: re issued temporary certificates author!: proving abandonment of service, termi­ have been previously issued; except that ahiicvf ?ollection of third vintage price ei nating certificates, terminating proceed­ sales from areas for which area rates iffswed m Opinion No- 546 (18.5 cents f< ings, making successor corespondent, have been determined are authorized to lead a ^as wel* Sas and 17 cents for casing redesignating proceedings, a ccep tin g be made at or below the applicable area CnnEa+ sukject to quality adjustments agreements and undertakings for filing base rates adjusted for quality of the gas, Ion ^ ^ With Previous Commission a< and accepting related rate schedules and and under the conditions prescribed in hese nrr!milar rate filings, we conclude thi supplements for filing. the orders determining said rates. Jendpd fP0^ rate increases should be su Each of the applicants listed herein The Graham Stuart Corp., applicant in if tj,e f day from the date of expiratic has filed an application pursuant to sec­ Docket No. G-6447, and The Graham late n f ^ 01? notice or for 1 day from tl Thereafter delivery, whichever is late tion 7 of the Natural Gas Act for a cer­ Stuart Corp. (Operator) et al., applicant fates maw ’ the Producers proposed increas« tificate of public convenience and ne­ in Dockets Nos. G-12521, CI69-42, and ’und S fii t ,PlaCedin effect su*>ject to r cessity authorizing the sale and delivery CI69-60, propose to continue sales of nat­ (he Naturiti Provisl°ns of section 4(e) of natural gas in interstate commerce ural gas heretofore authorized in said )f the Are Act Pending the outcor or for permission and approval to aban­ dockets to be made pursuant to Rip C. °°cket^ A lSg-l Pr°Ceeding lnstituted : don service or a petition to amend an Underwood FPC Gas Rate Schedule No. 1 order issuing a certificate, all as more and Rip C. Underwood (Operator) et al. " PR- H00- 10-364; Piled. Jan. 13, ' fully set forth in the applications and FPC Gas Rate Schedules Nos. 4, 9, and 8:45 a.m.] petitions, as supplemented and amended. 10, respectively. Said rate schedules will

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 4% NOTICES be redesignated as those of applicant. ural Gas Act and the public convenience the applications and in the tabulation The presently effective rates under the and necessity require that the orders is­ herein. predecessor’s FPC Gras Rate Schedules suing certificates of public convenience (B) The certificates granted in para­ Nos. i, 4, 9, and 10 are in effect subject and necessity in various dockets involved graph (A) above are not transferable to refund in Dockets Nos. RI66-4, RI63- herein should be amended as hereinafter and shall be effective only so long as 41, RI69-169, and RI69-169, respectively. ordered and conditioned. applicants continue the acts or opera­ Applicant has submitted agreements and (6) The sales of natural gas proposed tions hereby authorized in accordance undertakings to assure the refunds of to be abandoned as hereinbefore de­ with the provisions of the Natural Gas any amounts collected by it in excess scribed and as more fully described in Act and the applicable rules, regulations, of the amounts determined to be just the applications and in the tabulation and orders of the Commission. and reasonable in said proceedings. herein are subject to the requirements of (C) The grant of the certificates is­ Therefore, applicant will be made a co­ subsection (b) of section 7 of the Natural sued in paragraph (A) above shall not respondent in said proceedings ; the Gas Act. be construed as a waiver of the require­ proceedings will be redesignated accord­ (7) The abandonments proposed by ments of section 4 of the Natural Gas ingly; and the agreements and undertak­ applicants herein are permitted by the Act or of Part 154 or Part 157 of the ings will be accepted for filing. public convenience and necessity and Commission’s regulations thereunder The Commission’s staff has reviewed should be approved as hereinafter and is without prejudice to any findings each application and recommends each ordered. or orders which have been or which may action ordered as consistent with all sub­ (8) It is necessary and appropriate in hereafter be made by the Commission stantive Commission policies and re­ carrying out the provisions of the Nat­ in any proceedings now pending or quired by the public convenience and ural Gas Act that the certificates here­ hereafter instituted by or against appli­ necessity. tofore issued to applicants relating to cants. Further, our action in this pro­ After due notice by publication in the the abandonments hereinafter permitted ceeding shall not foreclose nor prejudice F ederal R egister, no petitions to inter­ and approved should be terminated or any future proceedings or objections vene, notices of intervention or protests that the orders issuing said certificates relating to the operation of any price or to the granting of the applications have should be amended by deleting therefrom related provisions in the gas purchase been filed. authorization to sell natural -gas from contracts herein involved. Nor shall the At a heading held on December 11, the subject acreage. grant of the certificates aforesaid for 1969, the Commission on its own motion (9) The revenues received for sales service to the particular customers in­ received and made a part of the record at the increased rate under Marathon volved imply approval of all of the terms in this proceeding all evidence, includ­ of the contracts, particularly as to the ing the applications and petitions, as sup­ Oil Go. FPC Gas Rate Schedule No. 33 which were collected subject to refund cessation of service upon termination of plemented and amended, and exhibits in Dockets Nos. RI66-251 and RI66-355 said contracts as provided by section thereto submitted in support of the au­ are de minimis; and, therefore, the pro­ 7(b) of the Natural Gas Act. The grant thorizations sought herein, and upon of the certificates aforesaid shall not be consideration of the record : ceedings pending in Dockets Nos. RI66- 251 and RI66-355 should be terminated construed to preclude the imposition of The Commission finds : .any sanctions pursuant to the provi­ (1) Each applicant herein is a "nat­ and Marathon should be relieved from any refund obligations with respect to sions of the Natural Gas Act for the ural-gas company” within the meaning unauthorized commencement of any of the Natural Gas Act as heretofore such sales. (10) The proceeding pending in sales of natural gas subject to said found by the Commission or with be en­ rprtifÎPQ fpq gaged in the sale of natural gas in in­ Docket No. RI68-415 should be termi­ (D) The grant of the certificates is­ terstate commerce for resale for ulti­ nated with respect to sales made pursu­ sued herein on certain applications filed mate public consumption, subject to the ant to Mobil Oil Corp. (Operator) et al. after July 1,1967, is upon the condition jurisdiction of the Commission, and will, FPC Gas Rate Schedules Nos. 175 and that no increase in rate which would therefore, be a “natural-gas company” 350 since the suspended rate changes thereunder have been withdrawn. exceed the ceiling prescribed for the within the meaning of the Natural Gas given area by paragraph (d) (3) of the Act upon the commencement of service (11) . It is necessary and appropriate Commission’s statement of general under the authorizations hereinafter in carrying out the provisions of the policy No. 61-1,, as amended, shall be granted. Natural Gas Act that The Graham filed prior to the applicable date indi­ (2) The sales of natural gas herein­ Stuart Corp. should be made â co­ cated in the tabulation herein. before described, as more fully described respondent in the proceeding pending in (E) The certificates issued herein are in the applications in this proceeding, Docket No. RI66-4; that The Graham subject to the following conditions: will be made in interstate commerce sub­ Stuart Corp. (Operator) et al. should (a) The initial rate for the sale au­ ject to the jurisdiction of the Commis­ be made a co-respondent in the proceed­ thorized in Docket No. CI70-291 shall be sion; and such sales by applicants, ings pending in Dockets Nos. RI63-41 17 cents per Mcf at 14.65 p.s.i.a. subject, together with the construction and oper­ and RI69-169; that said proceedings to upward and downward B.t.u. adjust­ ation of any facilities subject to the ju­ should be redesignated accordingly; and ment. risdiction of the Commission necessary that the agreements and undertakings (b) The initial rate for the sale au- therefor, are subject to the requirements submitted in said proceedings should be . thorized in Docket No. CI70-339 shall D of subsections (c) and (e) of section 7 of accepted for filing. 15 cents per Mcf at 14.65. p.s.i.a. subjec the Natural Gas Act. (12) It is necessary and appropriate to upward and downward B.t.u. adjus (3) Applicants are able and willing in carrying out the provisions of the ment. , , properly to do the acts and to perform Natural Gas Act that the FPC gas rate (c) The authorizations granted the service proposed and to conform to schedules and supplements related to Dockets Nos. CI70-291 and CI70-339 are the provisions of the Natural Gas Act the authorizations hereinafter granted conditioned upon any determination and the requirements, rules, and regula­ should be accepted for filing. which may be made in the proceed!j tions of-the Commission thereunder. The Commission orders: pending in Docket No. R-338 with resp (4) The sales of natural gas by appli­ (A) Certificates of public conven­'to the transportation of liquena cants, together with the construction and ience and necessity are issued upon the 'drpcarbons. , operation of any facilities subject to the terms and conditions of this order au­ (F> Within 30 days from the dateso jurisdiction of the Commission necessary thorizing sâïés by applicants of natural is order applicant in D ocket No. c therefor, are required by the public con­ gas in interstate commerce for resale, 7 shall file a billing statem ent for w venience and necessity and certificates together with the construction and •st month’s service as required by u therefor should be issued as hereinafter operation of any facilities subject to the gulations under the N atural Gas ordered and conditioned. jurisdiction of the Commission neces­ (G) The orders issuing certificates (5) It is necessary and appropriate in sary therefor, all as hereinbefore de­ jckets Nos. G-5061, G- 7 6 4 3 , G -W U , carrying out the provisions of the Nat­ scribed and as more fully described in -10367, G-13212, CI61-1024, CI62-3b», ;

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 497

CI63-234, CI66-53, CI69-876, and CI69- ing in Dockets Nos. RI63-41 and RI69- main in full force and effect until dis­ 1179 are amended by adding thereto or 169; said proceedings are redesignated charged by the Commission. deleting therefrom authorization to sell accordingly; and the agreements and (S) The rate schedules and rate natural gas as described in the tabulation undertakings submitted in said proceed­ schedule supplements related to the au­ herein. ings are accepted for filing. The Graham thorizations granted herein are accepted (H) The orders issuing certificates in Stuart Corp. shall comply with the re­ for filing or are redesignated, all as de­ Dockets Nos. G-4547 and 0-5145 are funding and reporting procedure re­ scribed in the tabulation herein. am ended by deleting therefrom authori­ quired by the Natural Gas Act and § 154.- By the Commission. ’ zation to sell natural gas from acreage 102 of the regulations thereunder. The [ s e a l ] G o r d o n M. G r a n t , assigned to applicants in Dockets Nos. CI69-876 and G-13212, respectively. agreements and undertakings shall re- Secretary. (I) The orders issuing certificates in D ocket N o. FPC rate schedule to be accepted Dockets Nos. G-6447, G-12521, CI61— and Applicant Purchaser, field, and 847, CI62-890, CI65-154, CI67-1017, date filed location Description and date N o. Suppj CI69-42, and CI69-60 are amended by of document substituting the successors in interest as G-5061______. SheU Oil C o...... Cities Service Gas Co., Notice of partial cancella- 256 3 D 10-15-69 Hugoton Field, Stanton tion 10-14-69.» 2 certificate holders. County, Kans. (J) The order issuing a cèrtificate in G-6447...... The Graham Stuart Colorado Interstate Gas Bip C. Underwood, FPC 1 . . . . Docket No. G-11957 is amended to in­ E 7-18-69 Corp. (successor, to Company, a division of GBS No. 1. Bip C. Underwood). Colorado interstate Supplement Nos. 1-5_____ 1 1-5 clude thereunder sales of natural gas Corp., Keyes Dome N otfee of succession heretofore authorized to be made pur­ Field, Tex. and 7-16-69. Cimarron Counties, Assignment 3-1-69 *______1 6 suant to the certificates issued in Dockets Okla. Assignment 3-1-69 8______1 7 Nos. G-12354, G-12614, G-13216, G - | ir ; Effective date: 3-1-69______14787, G-16303, G-17459, G-17629, G - G-7643______.. Mobile Oil Corp. et al.... Northern Natural Gas N otice of partial cancella* 282 13 D 10-13-69 Co., Hugoton Field, tion 10-10-69.»8 17847, G-17903, G-18785, G-20318, CI61- Stevens County, Kans. 34, CI64-1315, CI64-1316, CI66-833, and G-7670___I____ .. Southern Union, El Paso Natural Gas Co. ', Supplemental agreement 2 58 C169-1070. The certificates heretofore is­ C 10-15-69 8 Gathering Co. acreage in San Juan 6-30-69.2 sued in the latter dockets are terminated County, N. Mex. and the related rate schedules are G -10367...... H um ble OU & Befining El Paso Natural Gas Co., Assignment 4-29-69 8_____ 116 16 (CS68- 1) 1 Co. South Andrews Field, Assignment 5-7-698...... 116 17 canceled. Andrews County, Tex. Effective date: 5-1-69_____ (K) The order issuing a certificate in G-11957...... Mobil Oil Corp. El Paso Natural Gas Letter agreement 20 25 C 10-9-69 10 (Operator) et aU Co., Spraberry (Trend 8-21-69.» Docket No. CI61-548 is amended to in­ 9 Area) Field, Upton, Notice of cancellation 20 26 clude thereunder sales of natural ga$ et al., Counties, Tex. . 10r6-69.i2 (G-12614) ...... do...... Cancels______. F P C G B S N o. 119...... 119 8 from additional acreage and sales of (G-13216) ...... do...... C ancels______. F P C G B S N o. 133...... 133 8 natural gas heretofore authorized to be (G-16303) ...... do...... Cancels:______. F P C G B S N o. 175...... 175 7 made pursuant to the certificates issued (CI64-1315) ...... do__...... - . Cancels______. F P C G B S N o. 346...... 346 8 (CI64-1316) ...... d o ...... Cancels...... FPC GBS No. 347...... 347 8 in Dockets Nos. G-13380, G-15061, CI60- (G-14787) ...... do___ - ...... Cancels...... F P C G B S N o. 348...... 348 20 605, CI61-913, CI61-914, CI61-915, and (G-17847) ...... do...... - ...... Cancels...... F P C G B S N o. 349...... 349 8 (G 17fi2Q) . F P C G B S N o. 350...... 350 14 CI61-1585. The certificates heretofore is.- (G-18785) ...... do...... Cancels...... FPC GBS No. 351 _.___ 351 15 sued in the latter dockets are terminated (G-12354) . F P C G B S N o. 353...... 353 8 (CI61-34) ...... do...... Cancels______. FPC GBS No. 355...... 355 11 and the related rate schedules are (G-17903) ...... do...... - ...... Cancels______:____. FPC GBS No. 379...... 379 15 canceled. (G-20318) ...... do...... Cancels...... FPC GBS No. 384...... 384 17 &) Permission for and approval of (CI66-833) ...... d o ...... - ___ . C ancels...... FPC GBS No. 386...... 386 8 (G-17459) ...... do...... Cancels...... FPC GBS No. 443______443 14 the abandonment of service by appli­ (CI69-1070) ____ do...... Cancels...... FPC GBS No. 453»...... 453 6 cants, as hereinbefore described, all as G-12521______The Graham Stuart Northern Natural Gas Bip C. Underwood 2 . . . . __! E 7-18-69 Corp. (Operator) Co., North Hansford^ (Operator) et al., more fully described in the applications et al. (successor to Field, Hansford FPC GBS No. 4______and in the tabulation herein are granted. Bip C. Underwood County, Tex. Supplement No. 1...... 2 1 (Operator) et al.). N otice of succession (M) Permission for and approval of 7-16-69. the abandonment in Docket No. CI70- Assignment 3-13-69 13____ 2 2 ¿28 shall not be construed to relieve Effective date: 3-1-69_____ G -13212...... H anley Co. et a l...... El Paso Natural Gas Co., Assignment 9-26-68 ‘4____ 19 11 Applicant of any refund obligations in (G-5145) Spraberry Field, Glass- Assignm ent 7-18-69 •*_____ 19 12 me rate suspension proceedings pending F 10-3-69 cock County, Tex. Assignment 9-19-69 18 » __ 19 13 CI61-548...... Mobil Oil Corp. El Paso Natural Gas Co., Assignment 5-1-69 *•_____ 249 6 m Dockets Nos. RI64-556 and RI66-295. (CS66-119) (Operator) et al. Langlie-Mattix and Effective date: 5-1-69...... Permission for and approval of F 10-9-69 18 Jalmat Fields, Lea Letter agreement C 10-9-69 » County, N. Mex. 8-20-69 28 m______249 7 ¡¡fill Abandonment in Docket No. CI70- Supplemental agreement o shall not be construed to relieve Ap- 9-11-69 » »a______249 8 Notice of cancellation P leant of any refund obligations in the 10-6-69: te suspension proceedings pending in ■ (G-13380) ...... do...... Cancels...... F P C G B S N o. 135____ 135 9 Dockets Nos. RI60-69 and RI66-299. (G-15061) ...... do...... Cancels...... F P C G B S N o. 157...... 157 6 (CI60-605) ...... do...... Cancels______FPC GBS No. 235...... 235 5 Hi certificates heretofore issued (CI61-914) ____ do...... Cancels...... 1___ FPC GBS No. 252...... 252 5 (CI61-915) ____ do...... Cancels______FPC GBS No. 253...... 253 5 Nos- G-1P746, G-12144, G - (CI61-913) __n__do...... Cancels...... FPUGBS No. 254...... 254 5 rTfil1™?"'20319’ CI62-661, CI62-1232, (CI61-1585) ____ do...... Cancels...... FPC GBS No. 265*.... 265 6 CÏ61-847______Franklin Adkins (sue- Consolidated Gas Supply Edith Swadley et al., 4 ___ iPi ant^ are terminated. E 10-10-69 cessor to Edith Corp., Murphy Dis- d. b. a., Conrad Oil & v,orij. T^e rate suspension proceedings Swadley et al., trict, Bitchie County, Gas Co., FPC GBS d. b. a. Conrad OU & W .V a. N o. 8. S S L “1 Nos. RI66-251 and Gas Co.). • • f Notice of sue cession Oil rv T - ar,e. terminated and Marathon (undated). satin«' -S rel.ieved from any refund obli­ Assignment 10-18-6828___ 4 gations in said dockets. Effective date: 1-24-69___ CI61-1024___ MobU OÜ Corp. Natural Gas Pipeline Co. Notice oi partial canceUa- '266' D 10-13-69 (Operator) et al. oi Am erica, N orth tion 10-10-69.2 Nn(

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 D ooket N o. ** FPC rate schedule to be accepted Docket N o. FPC rate schedule to be ao cepted and Applicant Purchaser, field, and and Applicant Purchaser, field, and GOS3 date filed location Description and date No. Supp. date filed location Description and date N o. Supp. of docum ent of document

CI63-234...... Mobil Oil Corp. Arkansas Louisiana Gas Notice of partial cancella­ 32 C170-351...... PetroDynamics, Ino. El Paso Natural Gas Co., Contract 9-12-69 ». 2 0 ...... D 10-13-69 (Operator) et al. Co., Red Oak Area, tion 10-10-69.2 « A 10-10-69 « (Operator) et al. Mocane Laverne Area, Latimer and Le Flore Beaver County, Okla. Counties,. Okla. C170-353...... Regent Gas Producers, Consolidated Gas Supply Notice of Cancellation Ï 3 CI65-154___ Gulf Oil Corp. (suc­ Natural Gas Pipeline Co. Warren Petroleum Corp., 414 (C 165-303) Inc. (Operator) et al. Corp., Sherman Dis­ 16-7-69.13 E 10-8-69 - cessor to Warren , of America, Thomas FP C G R S N o. 63. B 10-10-69 trict, Boone County, Petroleum Corp.). ‘ Area, Dewey and Custer Supplement No. l __...... 414 W. Va. Counties, Okla. Notice of succession CI70-354___ _ Patrick A. Doheny Kansas-N ebraska Natural Contract 8-15-69. 6 10-6-69. A 10-9-69« ' (Operator) et al. Gas Co., Inc., Redwing Assignment 6-1-69 28...... 414 Field, Washington Effective date: 6-1-69...... County, Colo. CI66-53...... Mobil Oil Corp. (Oper­ Northern Natural Gas Notice of partial cancel­ "425' CI70-357...... E. K. Edmiston Panhandle Eastern Pipe Contract 2-25-69. » 32_____ 6 D 10-13-69 ator) et al. Co., East Clark Area, lation 10-10-69.2 28 A 10-10-69« (Operator) et al. Line Co., Lerado Harper County, Okla. Mississippi Gas Unit, CI67-1017-. Clifford Blanton (suc­ Kentucky-West Virginia W. P . R yan, for The Reno County, Kans. E 8-7-69 cessor to W. P. Ryan, Gas Co., Beaver Creek Estate of James A. May, CI70-3581...... Grace E. Lowther et al.. Consolidated Gas Supply Notice of Cancellation 3 2 for The Estate of Field, Floyd County, FPC GRS No. 1. (G-IO746) Corp., Grant District, 10-9-69.2 33 1 James A. May). K y. Notice of succession B 10-10-69 Wetzel County, W. Va. 8-5-69. CI70-359..___ Claude Drake, d.b.a. Consolidated Gas Supply Notice of cancellation 3 1 Conveyance 12-14-67.»___ (CI62-661) Eliyson Gas Co. Corp., Troy District, 10-9-69.2 33 Effective date: 12-14-67___ B 10-10-69 Gilmer County, W. Va. CI69-42.___ The Graham Stuart Phillips Petroleum Co., Rip C. Underwood C170-360__... Winnie Fae Morris Consolidated Gas Supply Contract 6-9-69 »__... 11...... E 7-18-69 Corp. (Operator) et al. West Panhandle Field, (Operator) et al., FPC A 10-10-69 « et al., d.b.a. Rus­ Corp., Murphy Dis­ > (successor to Rip C. Hutchinson County, G R S N o. 9. sell G. Beall et al. trict, Ritchie County, Underwood (Oper­ Tex. Supplement No. 1...... W. Va. ator) et al.). Notice of succession C170-361...... Reeves Lewenthal.J. Consolidated Gas Supply Contract 5-21-69 » ... 8 7-16-69. A 10-10-69 « Corp., Elk District, Assignment 3-1-69.13. Barbour County, W. Va. Effective date: 3-1-69..... CI69-60.___ C170-362...... M. J. Moran, agent for Consolidated Gas Supply Notice of cancellation 11 1 .d o . .do. Rip C. Underwood (Op­ (CI62-1232) C. A. Tulley Lease. Corp., Court House E 7-18-69 10-9-69.2 33 erator) et al., F P C B 10-10-69 District, Lewis County, GRS No. 10. W. Va. Supplement Nos. 1-2 , 4 1.-2 CI70-363...... R. K*Bogert, Jr. et a l.. Consolidated Gas Supply Contract 7-18-69 » .. 1 1 Notice of succession A 10-1069 « Corp., Philippi Dis­ NOTICES 7-16-69. trict, Barbour County, Assignment 3-1-69.13...... 4 3 W .Va. Effective date: 3-1-69...... CI70-364__... Clearfield Trust Co., R. Wayne Christenson Consolidated Gas Supply Contract 7-8-69 »_4- 3 Consolidated Gas Supply Contract 11-7-52... 1 . . A 10-10-69 « eta l, Corp., Court House A 3-13-69 ! agent for Marie Cole Corp., Driftwood Field, Letter agreement 6-6-53... 1 1 Berger etal. Cameron County, Pa. District, Lewis County, W .Va. R ,C . Wynn...... , El Paso Natural Gais Co., Assignment 11-5-69. » 25.. 1 5 (G-4547) Blanco Mesa Verde Pool, C170-365...... J. M. Huber Corp. Cities Service Gas Co., Notice of cancellation 40 5 F 6-17-69 San Juan County, (G-20319) Mendon Field, Alfalfa ; 10-8-69.1'2 N . Mex. B 10-10-69 County, Okla. CI70-366...... Galaxy Oil Co. Arkansas Louisiana Gas Contract 3-30-64...... MacDonald Spidel____ . Equitable Gas Co., Salt Letter agreement 5 1 1 ..,...... C 10-16-69 « Lick District, Braxton 9-23-69.17 A 10-10-69 « Co., Kinta and Wilbur- Agreement 9-25-69... 1 1 County, W. Va. ton Fields, Haskell, Le Flore, Latimer, and Lear Petroleum Corp. Panhandle Eastern Pipe Contract 9-5-69... 2 . . A 9-22-69« (Operator) et al. Pittsburg Counties, Line Co., Mocane Compliance 10-28-69 » 30 2. 1 Okla., and Franklin Laverne Field, Beaver County, Okla. County, Ark. C170-367..___ James F. Scott, agent Consolidated Gas Supply Contract 4 -2 4 -6 9 .,...... A. L. Abercrombie Cities Service Gas Co., Notice of cancellation 3 5 IT ...... (G-12144) (Operator) et al. McGuire-Goemann 10-22-69.»2 A 10-13-69 « for Hershberger Ex­ Corp., Union and Elk Letter agreement 8-19-6931 17 1 B 9-29-69 Field, Barber County, plorations, Inc., et al. Districts, Barbour Letter agreement 17 2 Kans. County;'and Warren 8-19-69.» 34 District, Upshur CI70-339______Texaco, Inc.31. Arkansas Louisiana Gas Contract 8-27-69 » . 437 A 10-6-69« Co., Northeast Hills­ County, W. Va. dale Field, Grant and CI70-369...... William A. Sidwell, Jr. Kansas-Nebraska Natural Contract 9-24-69. 2 Garfield Counties, A 10-13-69 « (Operator) et al. Gas Co., Inc., Red­ Okla. wing Field, Washington CI70-346...... George Jackson...... Consolidated Gas Supply Contract 7-15-69 ». County, Col'o. A 10-9-69« Gorp., West Union ÎÜ70-370...... Marathon Oil Co. Michigan Wisconsin Pipe Notice of cancellation 33 8 District, Doddridge (G-13871) Line Co., Nichols Field, 10-10-69.»2 County, W. Va. B 10-13-69 , Kiowa County,. Kans. CI70-347...... V aR oy Hildreth et al., Consolidated Gas Supply Contract 7-23-69 ». CI70-371...... Hunting Oil Co.', Inc.,__ The Ohio Fuel Gas Co., Contract Í0-3-69.,___ 4 A 10-9-69« d.b.a. VaRoy Drilling Corp., Washington A 10-13-69« Lebanon Township, Co. District, Calhoun , Meigs County, Ohio. County, W. Va. CI70-376-.___ Grant Mullenax (Oper­ Texas Gas Transmission Notice of cancellation 1 1 CI70-348___ Martin J. Moran...... , Consolidated Gas Supply Contract 8-25-69 ». (CI65-1226) ator) et al. Corp., Sugar Creek 10-3-69.»2 A 10-9-69« Corp., Dekalb Dis­ B 10-15-69 Field, Hopkins trict, Gilmer County, County, Ky. W. Va. CI70-349______Vincent Kutch, et a l... . Consolidated Gas Supply Contract 6-24-69 ». A 10-9-69 Corp., Bell Township, < Source of gas depleted. Jefferson County, Pa. 2 Effective date: Date of this order. 3 Assigns acreage in Cimarroh County, from Rip C. Underwood to applicant: See footnotes at end of table. 4 Assigns acreage in Texas County, from Rip C. Underwood to applicant.

FEDERAL REGISTER, VOL. 35, NO. 9 ---- WEDNESDAY, JANUARY 14, 1970 NOTICES 499

s Release of nonproductive acreage to landowners. enter upon hearings regarding the law­ • jaa. x 1970, moratorium pursuant to the Commission’s statement of general policy No. 61-1, as amended. i No certificate fifing made or necessary; the order issuing a certificate in Docket No. G-10367 will be amended by fulness of the proposed changes, and deleting therefrom acreage assigned to the sm all producer, K . K . A m ini (now A m ini Oil Corp.), D o ck et N o. CS68-1. s To K. K. Amini (overall effect of the two assignments results in Humble assigning Amini an interest in lease that the supplements herein be sus­ down to base of Devonian Formation). i instrument whereby K. K. Amini reassigns to Humble all interest in lease below base of Devonian Formation; pended and their use be deferred as io Armlication to amend the certificate in Docket No. G-11957 to include thereunder those sales now authorized in Dockets Nos G-12614, G-13216, G-16303, CI64-1315, CI64-1316, G-14787, G-17847, G-17629, G-18786, G-12354, ordered below. CI61-34, G-17903, G-20318, CI66-833, G-17459, and CI69-1070. The certificates in the latter dockets will be termi­ nated and the related rate schedules w ill be canceled. The Commission orders: u Agreement providing for the consolidation of various sales to be made under contract dated Sept. 6, 1952 (FPC GRS No. 20). (A) Under the Natural Gas Act, par­ a Partially cancels FPC GRS No. 20 only insofar as it pertains to contract dated Oct. 16,1954. All sales now to be covered under Sept. 6,1952 contract. ticularly sections 4 and 15, the regula­ u Assigns acreage from Rip C. Underwood to The Graham Stuart Corp. h From Humble to Morris R. Antweil who is covered by a small producer certificate in Docket No. CS66-27, tions pertaining thereto (18 CFR ch. I), acreage previously covered b y H um ble’s F P C G RS N o. 5. H um ble Oil & Refining Co.FPCGRSNo.5 and Hanley Co. FPC G R S N o. 19 are comprised of the sam e contract, and the Commission’s rules of practice u From Antweil to Hanley Co. to a depth of 9,000 feet, u From Hanley Co. to W. L. Hanley, an “et al.” party to the rate schedule. and procedure, public hearings shall be n Effective date: Date of initial delivery (applicant shall advise the Commission as to such date). m Application to amend the certificate in Docket No. CI61-548 to add acreage aoquired from George L. Buckles held concerning the lawfulness of the (Docket No. CS66-119); to add additional acreage; and to include thereunder those sales now authorized in Dockets Nos. G-13380, G-15061, CI60-605, CI61-914, CI61-915, CI61-913, and CI61-1585; the certificates in the latter dockets proposed changes. will be terminated and the related rate schedules will be canceled, n From George L. Buckles, et ux., to Mobil Oil Corp. (B) Pending hearings and decisions 20 Agreement providing for continuation of service under F P C G R S N os. 135,157,235, 252, 253, 254, and 265 and also dedicates acreage acquired from Buckles. , ______, . ■ thereon, the rate supplements herein are 21 Effective date: Date of authorization for Mobil’s existing sales and date of acquisition (May 1,1969) for those sales from acreage acquired from Buckles. suspended and their use deferred until 22 Adds new acreage. 22 From Swadley, et al., to Franklin Adkins. date shown in the “Date Suspended 24 Deletes acreage due to expiration or cancellation of nonproducing leases. 2i From Van-Grisso Oil Co. to Sun Oil Co. Until” column, and thereafter until made 21 From Warren Petroleum Corp. to Gulf Oil Corp. 22 From Ryan to Clifford Blanton. , effective as prescribed by the Natural 21 Sale being rendered on June 7,1954. 22 Transfers interest covered under Atlantic Richfield Co. FPC GRS No. 498 to R. C. Wynn. _ Gas Act. 20 Complies with temporary certificate issued Oct. 10, 1969. By letter dated Oct. 15, 1969, Applicant stated will­ ingness to accept a permanent certificate conditioned to an initial rate of 17 cents per Mcf subject to B.t.u. adjust­ (C) Until otherwise ordered by the ment and to the outcome of the proceedings in Docket No. R-338. 21 Contract provides for a rate of 17 cents per Mcf; however, Applicant has indicated willingness to accept a per­ Commission, neither the suspended sup­ manent certificate conditioned to the area ceiling rate of 15 cents per Mcf subject to upward and downward B.t.u. adjustment and subject to the outcome of the proceedings in Docket No. R-338. plements, nor the rate schedules sought 22 Acreage committed with respect to gas produced from the Mississippian System only. ■ 22 Production of gas no longer economically feasible. to be altered, shall be changed until dis­ 24 Adds acreage; covers the Kane-DeMars Leases (Supplement No. 1) and the Bennett-Miller Leases (Supplement No. 2), respectively. position of these proceedings or expira­ [F.R. Doc. 70-365; Filed, Jan. 13, 1970; 8:45 a.m.] tion of the suspension period. (D) Notices of intervention or peti­ [Docket No. RI70-865 etc.] charges of currently effective rate sched­ tions to intervene may be filed with the UNION OIL COMPANY OF ules for sales of natural gas under Com­ CALIFORNIA ET AL. mission jurisdiction, as set forth in Ap­ Federal Power Commission, Washing­ ton, D.C. 20426, in accordance with the Order Providing for Hearings on and pendix A hereof. Suspension of Proposed Changes in The proposed changed rates and rules of practice and procedure (18 CFR Rates 1 charges may be unjust, unreasonable, 1.8 and 1.37(f)) on or before Febru­ D ecember 24,1969. unduly discriminatory, or preferential, ary 10,1970. The respondents named herein have or otherwise unlawful. filed proposed increased rates and The Commission finds: It is in the By the Commission. 1Does not consolidate for hearing or dis­ public interest and consistent with the [ seal] G ordon M. G rant, pose of the several matters herein. Natural Gas Act that the Commission Secretary.

A pphndix A

Rate Sup- Effec­ Cents per Mcf R ate in Docket Respondent A m ount D ate tive D ate effect sub­ sched- pie- Purchaser and producing area of filing date sus­ Proposed ject to re­ ule ment annual tendered unless pended R ate in increased fund in No. No. ' increase sus­ until— effect rate dockets pended N os. RI70-865.. Union Oil Co. of Cali­ 32 14 West Lake Natural Gasoline Co.* $796 11-21-69 » 12-31-69 4 1- 1-70 9.0 2 2 9.5 RI70-2. fornia (Operator) et al.. (Lake Trammell Area, Nolan Coun- Union Oil Center, Los ty, Tex.) (RR. District No. 7-B). RTW, 0fl. „Angeles, Calif. 90017. «170-866.. Union Oil Co. of Call- 45 7 100 11-20-69 212-31-69 41- 1-70 8.5 4 2 9.5 RI60-451. RT7

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 500 NOTICES

Appendix A—Continued

Effec­ Cents per Mcf Rate in B ate Sup- Am ount D ate tive D ate effect sub­ Docket Bes pondent sched- pio­ Purchaser and producing area of filing date sus­ Proposed ject to re­ ti o. ule ment annual tendered unless pended B ate in increased fund in N o; N o. increase sus­ until— effect rate dockets pended Nos.

____ do------r------294 6 El Paso Natural Gas Co. (Sand Hill $41,124 11-24-69 • 12-25-69 5-25-70 18.3105 • i * 19.3278 RI69-51. Field, Crane County, Tex.) (BR. District No. 8) (Permian Basin Area). ____ do______31 22 El Paso Natural Gas Co. (Cooper Jal 63,013 11-24-69 « 12-25-69 5-25-70 « 16.8882 • 1» 17.9117 RI69-51. Field, Lea County, N. Mex.) (Permian Basin Area). ____ d o ...... 318 4 Natural Gas Pipeline Co. of America 9,723 11-24-69 » 12-25-69 5-25-70 « 18.0675 •219.0713 (South Angelton Field, Brazoria County, Tex.) (RB. District No. 3). ____ do______424 11 Natural Gas Pipeline Co. of America 9,639 11-24-69 » 12-25-69 ' 5-25-70 M 18.0376 • 28 20.0 (West Bernard Field, Wharton County, Tex.) (B B . District No. 3). BI70-870.. Humble Oli & Befining 9 16 El Paso Natural Gas Co. (Clara 429 11-24-69 •12-25-69 6-25-70 16.7846 • 117.8019 RI69-52. Company. Couch Field, Crockett County, Tex.) (BR. District No. 7-C). ____ d o ...... 16 17 El Paso Natural Gas Co. (Dollarhide 3,040 11-24-69 •12-25-69 5-25-70 18.3105 •' 19.3278 RI69-52. Plant, Andrews County, Tex.) (BR. District No. 8). ____ do...... 169 7 El Paso Natural Gas Co. (South 127 11-24-69 •12-25-69 6-25-70 16.7846 «»17.8019 RI69-52. Pecos Valley Field, Pecos County, Tex.) (BR. District No. 8). ____ d o „ ...... 160 9 El Paso Natural Gas Co. (Roberts 30 11-24-69 « 12-25-69 6-25-70 16.7846 • 117.8019 BI69-52. Field, Sutton County, Tex.) (RR. District No. 7-C). ____ do...... 269 9 El Paso Natural Gas Co. (Pecos 1,705 11-24-69 • 12-25-69 5-25-70 16.7846 • 7 17.8019 RI69-52. Valley Field, Pecos County, Tex.) (RR. District No. 8). ____ do...... 276 9 Transwestem Pipeline Co. (Bell Lake 16,970 11-24-69 «-12-25-69 5-25-70 18.5870 «? 21.1016 RI69-52. Field, Lea County, N. Mex.). ____ do...... 288 12 El Paso Natural Gas Co; (Spraberry 106 11-24-69 «12-25-69 5-25-70 18.3105 • 1 19.3278 RI69-52. (J. F. Nunn) Field, Reagan County, Tex.) (RR. District No. 7-C). ____ do— ...... - 289 12 El Paso Natural Gas Co. (Spraberry 114 11-24-69 • 12-25-69 5-25-70 18.3105 • 2 19.3278 RI69-52. (E. Nunn) Field, Reagan County, Tex.) (RR. District No. 7-C). ____ do...... 296 6 El Paso Natural Gas Co. (Walker 28,757 11-24-69 « 12-25-69 5-25-70 17.0 2 «19.5 RI65-2. Hollow Unit, Uintah County, U tah)...... do...... 302 22 El Paso Natural Gas Co. (Spraberry 175 11-24-69 • 12-25-69 5-25-70 18.3105 • 2 1219.3278 RI69-210. (Boone) Field, Midland and Upton Counties, Tex.) (RR. District Nos. 8 and 7-C) (Permian Basin Area)...... do...... 313 3 El Paso Natural Gas Co. (East Bound­ 848 11-24-69 • 12-25-69 6-25-70 w 17.7 2 1118.7 ary Butte Field, Apache County, Ariz.). ____ do...... 320 17 El Paso Natural Gas Co. (Spraberry 36 11-24-69 • 12-25-69 6-26-70 18.3105 • 2 U19.3278 RI69-52. Field, Reagan County, Tex.) (RR. District No. 7-C) (Permian Basin Area). ____ do...... 330 9 El Paso Natural Gas Co. (Clara 4,775 11-24-69 • 12-25-69 5-26-70 16.7846 • 2 M 17.8019 RI-69-52. Couch Field, Crockett County, Tex.) (RR. District No. 7-C) (Permian Basin Area). - ____ do...... 368 7 El Paso Natural Gas Co. (Spraberry 19 11-24-69 • 12-25-69 5-25-70 18.2403 • 21» 19.2631 RI68-422. Field, Upton County, Tex.) (RR. District No. 7-C) (Permian Basin Area). ____ do...... 290 11 El Paso Natural Gas Co. (Spraberry 60 11-24-69 «12-25-69 6-26-70 18.3105 • 2 19.3278 RI69-52. (Walker) Field, Reagan County, Tex.) (RR. District No. 7-C). ____ do...... - ...... 291 22 El Paso Natural Gas Co., (Spraberry 333 11-24-69 •12-25-69 5-25-70 18.3105 • 219.3278 RI69-52. (C. W. Merchant) Field, Reagan County, Tex.) (RR. District No. 7-C). ____ d o ..— . —...... 423 7 El Paso Natural Gas Co. (Spraberry 491 11-24-69 • 12-25-69 5-25-70 18.3105 • 2 19.3278 RI69-124. Field, Upton County, Tex.) (RR. District No. 7-C). ____ do...... 440 7 ____ do...... ; . 811 11-24-69 •12-25-69 5-25-70 14.5544 • 1« 19.3278 RI70-404. ____ do...... 361 10 El Paso Natural Gas Co. (XBC Field, 15 11-24-69 « 12-25-69 5-25-70 18.3105 • 2 19.3278 RI69-52. Upton County, Tex.) (RR. Dis­ trict No. 7-C)...... do...... 374 9 El Paso Natural Gas Co. (Spraberry 39 11-4-69 • 12-25-69 5-25-70 18.3105 • 2 19.3278 RI69-52. Field, Reagan County, Tex.) (RR. District No. 7-C). RI69-52...... do...... 393 4 El Paso Natural Gas Co. (Three Bar 6,336 11-24-69 • 12-25r69 5-25-70 18.0675 «219.0713 Field, Andrews County, Tex.) (RR. District No. 8). ____ do...... 212 14 El Paso Natural Gas Co. (Aneth 13,408 11-24-69 • 12-25-69 5-25-70 17.7 u 12 19.50 Area, San Juan County, Utah). RI70-469. ____ d o ...... 249 10 El Paso Natural Gas Co. (Green 3,394 11-24-69 « 12-25-69 5-25-70 17.225 11 1« 19. 7926 River Bend Unit, Lincoln and Sublette Counties, Wyo.). RI70-469...... do...... 250 10 El Paso Natural Gas Co, (Figure 2,602 11-24-69 • 12-25-69 5-25-70 17.225 U 18 19.7926 Four Canyon Unit, Sublette County, Wyo.). RI69-52...... d o ...... 292 21 El Paso Natural Gas Co. (Spraberry 11-24-69 « 12-25-69 5-25-70 18.3105 • 2 19.3278 (Merchant-13) Field, Reagan Coun­ ty, Tex.) (RR. District No. 7-C) (Permian Basin Area). RI69-52...... do...... 293 22 El Paso Natural Gas Co. (Spraberry 53 11-24-69 • 12-25-69 5-25-70 18.3105 • 219.3278 (Nunn Estate) Field, Reagan Coun­ ty, Tex.) (RR. District No. 7-C) (Permian Basin Area). RI69-52...... do...... 416 4 El Paso Natural Gas Co. (Wilshire 10,585 11-24-69 • 12-25-69 6-25-70 18.0676 • f 19.0713 (Devonian) Field, Upton County, Tex.) (RR. District No. 7-C) (Permian Basin Area). RI69-52...... do____ i ...... 421 9 El Paso Natural Gas Co. (Pecos 245 11-24-69 •12-26-69 5-25-70 15.2588 • 2 16.2760 County (King Mountain Field, Upton County, Tex.) (RR. District No. 7-C) (Permian Basin Area). See footnotes at end of table.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 501

Appendix A—Continued

Effec- Cents per Mcf Rate in R ate Sup- A m ount D ate tive D ate effect sub- Respondent sched- pie- Purchaser and producing area of filing date SUS- Proposed ject to re- No. ule m ent annual tendered unless pended Rate in increased fund in N o. N o. increase SUS- until— effect rate dockets pended N os.

...... do...... 28 18 El Paso Natural Gas Co. (Cooper Jal $2,808 11-24-69 • 12-25-69 5-25-70 « 16.8882 • 2 18 17.9117 RI69-52. Field, Lea County, N. Mex.) (Permian Basin Area)...... do...... 33 14 El Paso Natural Gas Co. (Cooper Jal 153 11-24-69 « 12-25-69 5-25-70 w 16.8882 » 210 17. 9117 RI69-52. Field, Lea County, N. Mex.)...... d o .- .J ...... 116 19 El- Paso Natural Gas Co. (South 5,332 11-24-69 • 12-25-69 5-25-70 15.2588 » 2 16.2760 R 169-52. Andrews Field, Andrews County, Tex.) (RR. District No. 8) (Per­ mian Basin Area)...... do...... 466 2 Tramswestem Pipeline Co. (Hender- . 11-20-69 81- 1-70 6- 1-70 17.91 « « 19.0831 son Field, Winkler County, Tex.) (Permian Basin Area)...... do...... 122 6 Tennessee Gas Pipeline Co., a divi­ (20). 11-24-69 • 12-25-69 5-25-70 2» 15.6585 *2 16.7203 sion of Tenneco Inc. (Rock Island Field, Colorado County, Tex.) (RR. District No. 3). ____ do...... 125 6 Tennessee Gas Pipeline Co., a divi­ (20) 11-24-69 « 12-25-69 5-25-70 21 15.6585 « » 16.7203 sion of Tenneco Inc. (West Roch Island Field, Colorado County, Tex.) (RR. District No. 3)...... do...... 137 5 Natural Gas Pipeline Co. of America 8,013 11-24-69 8 12-25-69 5-25-70 21 15. 5581 « 216.5619 (Ramirena Southwest Field, Live Oak County, Tex.) (RR. District N o. 2)...... do...... 338 6 Natural Gas Pipeline Co. of America 44,287 11-24-69 •12-25-69 5-25-70 »1 18.0675 •22 20.0 (Sugar Valley Field, Matagorda County, Tex.) (RR. District No. 3). RI70-871-. Estate of Julius Fohs et 4 6 Tennessee Gas Pipeline Co., a divi­ 1,543 11-26-69 2412-27-69 5-27-70 21 14.65475. « 2 15.6585 al., 1077 San Jacinto sion of Tenneco Inc. (East Bay Bldg., Houston, Tex. City Field, Matagorda County, 77002. Tex.) (RR. District No. 3). RI70-872.. McGuire Oil Co., 4200* 1 16 Texas Eastern Transmission Corp. 510 11-24-69 24 12-25-69 5-25-70 28 16.6 • 2 21 10. 8 RI69-128. First National Bank (Harris County, Tex.) (RR. Dis­ Bldg., Dallas, Tex. trict No. 3). 75202. RI70-873.. Eason Oil Co., Post Office 5 2 Lone Star Gas Co. (Carter-Knox 66 11-26-69 • 12-27-69 5-27-70 16.8 « 28 19. 0 Box 18755, Oklahoma Field, Stephens County, Okla.) C ity, Okla. 73118. (Carter-Knox Area). ___ -do...... 8 7 Northern Natural Gas Co. (Mocane- 1,398 11-26-69 « 12-27-69 5-27-70 17.0 8 2 22.0 Laveme Field, Beaver County, Okla.) (Panhandle Area)...... do...... 10 7 Michigan Wisconsin Pipe Line Co. 7,531 11-26-69 » 12-27-69 5-27-70 22 17. 0 • 2 27 19. 5 (Mocane-Laveme Field, Beaver, Ellis, and Harper Counties, Okla.) (Panhandle Area)...... do...... 12 1 Cities Service Gas Co. (Lucien Field, 801 11-26-69 • 12-27-69 . 5-27-70 2« 11. 0 8 28 28 13. 0 Noble County, Okla.) (Oklahoma “Other” Area)...... do...... 13 2 Arkansas Louisiana Gas Co. (South­ 4,567 11-26-69 • 12-27-69 5-27-70 15.0 •217.8 east Crane Field, Custer County, Okla.) (Oklahoma “Other” Area)...... do...... 9 4 Panhandle Eastern Pipe Line Co. 2,899 11-26-69 • 12-27-69 5-27-70 22 17.0 8 28 27 22.0 (Mocane-Laveme Field, Beaver County, Okla.) (Panhandle Area)...... do...... 16 2 Arkansas Louisiana Gas Co. (South­ 284 11-26-69 812-27-69 5-27-70 15.0 • 2 10. 0 west Lacey Field, Kingfisher Coun­ ty, Okla.) (Oklahoma “Other” Area)...... do...... 17 1 Northern Natural Gas Co. (Southeast 1,514 11-26-69 « 12-27-69 5-27-70 28 17. 0 • 2 28 18. 0 Floris Field, Beaver County, Okla.) (Panhandle Area)...... do...... 18 6 Arkansas Louisiana Gas Co. (Red 364 11-26-69 « 12-27-69 5-27-70 15.0 •2 16.0 Oak Field, Latimer County, Okla.) (Oklahoma “Other” Area)...... do...... 20 1 Lone Star Gas Co. (Sholem Alechem 33 11-26-69 8 12-27-69 5-27-70 15.0 •» 1 6 .0 Field, Carter County, Okla.) (Okla­ homa “Other” Area)...... do...... 23 5 Colorado Interstate Gas Co., a divi­ 90 11-26-69 « 12-27-69 5-27-70 22 16.0 « 7 22 17. 0 RI63-47. sion of Colorado Interstate Corp. (Mocane-Laveme Field, Harper County, Okla.) (Panhandle Area)...... do...... 15 3 Arkansas Louisiana Gas Co. (North­ 544 11-26-69 • 12-27-69 5-27-70 15.0 • 2817.8 west O’keene Field, Blaine County Okla.) (Oklahoma“Other” Area).

a 'Tfc8 res°ld t° ®I Paso N atural Gas Co. under West Lake’s Rate Schedule No.,1. i* Reflects tax reimbursement of 0.2537 cent per Mcf. i he stated effective date is the date preceding the termination date of West Lake’s w Increase up to contract rate. suspension period. 17 “ Fractured” rate increase. Respondent contractually entitled to 22.28 cents per | The termination date of West Lake’s suspension period. Mcf. . "^renne-sharing rate increase. The contract price is 50 percent of buyer’s resale >8 Increase from fractured rate to contract rate, TO bwnot less than 50 percent of 13 cents. Buyer’s proposed rate of 19 cents is sus­ is Increase from ceiling rate to contra.t rate. pended in Docket No. RI70-54 until Jan. 1,1970. 20 No current deliveries. ! 5 re?Shre base is 14.65 p.s.i.a. 21 Incudes Texas tax which has been filed. a & nodic rate increase. 22 Fractured rate. H um ble contractually due 22.5844 cents. • iv. i effective date is the effective date requested by Respondent, 23 Fractured rate. H um ble contractually due 20.73314 cents. j e'nnes tax reimbursement of 0.3278 cent per Mcf. u The stated effective date is the first day after expiration of the statutory notice. SchoolTax reim bursement for full 2.55 percent N ew Mexico Emergency 25 includes 0.5-cent deduction for pipeline amortization. 2* Two-step periodic rate increase. " Pressure base is 15.025 p.s.i.a. 27 Subject to upward and downward B.t.u. adjustment. u tUu S i tax reimbursement of 0.3278 cent per Mcf. 28 Subject,!» a downward B.t.u. adjustment. 14 p *riai contract rate for 5-year period ended Jan 1,1967. 2« Respondent filing from initial certificated rate to first periodic increase under «are established by previously accepted quality statement. contract. The Estate of P. Julius Pohs et al. (Fohs) erator) et al. (McGuire) request an effective to permit earlier effective dates for Fohs request waiver of the notice requirement to date of November 1, 1969 for their rate in ­ and McGuire’s rate filings and such requests permit an effective date of January 1, 1969, crease. Good cause has not been shown for are denied. or as soon thereafter as possible, fear their waiving the 30-day notice requirement pro­ Union Oil Company of California (Opera­ proposed rate increase. McGuire Oil Co. (Op- vided in section 4(d) of the Natural Gas Act tor) et al.,'Union Oil Company of California,

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 502 NOTICES Agent, et al., and Union Oil Co.’s (all referred file a protest to these rate increases. El pended and their use be deferred as to herein as Union) proposed rate increases Paso questions the right of the pro­ ordered below. are revenue-sharing Increases for sales of gas ducer under the tax reimbursement The Commission orders: to West Lake Natural Gasoline Co. in Nolan (A) Under the Natural Gas Act, par­ County, Tex. The proposed increases repre­ clause to file a rate Increase reflecting sent 50 percent of West Lake’s resale rate of tax reimbursement computed on the ticularly sections 4 and 15, the regula­ 19 cents to El Paso Natural Gas Co. which is basis of an increase in tax rate by the tions pertaining thereto (18 CFR ch. I), suspended in Docket No. RI70-54 until Janu­ New Mexico Legislature in excess of 0.55 and the Commission’s rules of practice ary 1, 1970. Although the proposed rates are percent. While El Paso concedes that the and procedure, public hearings shall be below the applicable area ceiling rates, they New Mexico legislation effected a higher held concerning the lawfulness of the are a percentage portion of a suspended rate rate of at least 0.55 percent, they claim proposed changes. and consistent with prior Commission action (B) Pending hearings and decisions we conclude that they should be suspended there is controversy as to whether or not until January 1, 1970, the termination date the new legislation effected an increased thereon, the rate supplements herein are of West Lake’s suspension period. rate in excess of 0.55 percent. In view suspended and their use deferred until Supplement No. 10 to Humble Oil & Re­ of the contractual problem presented, date shown in the “Date Suspended fining Co.’s (Humble) PPC Gas Rate Sched­ the hearing provided for herein with Until” column, and thereafter until ule Nos. 249 and 250, respectively, reflect respect to the rate filings containing made effective as prescribed by the partial reimbursement of a severance tax such tax shall concern itself with the Natural Gas Act: Provided, however, recently enacted by the State of Wyoming. That the supplements to the rate sched­ The proposed increases reflect a double contractual basis for such rate filings, as amount of contractually entitled tax reim­ well as the statutory lawfulness of the ules filed by respondents, as set forth bursement to provide reimbursement of taxes proposed increased rates and charges. herein, shall become effective subject to applicable to future production as well as All of the producers’ proposed in­ refund on the date and in the manner reimbursement for taxes applicable to past creased rates and charges exceed the herein prescribed if within 20 days from production back to January 1, 1968. Since applicable area price levels for increased the date of the issuance of this order Humble’s proposed rate filings reflect both rates as set forth in the Commission’s respondents shall each execute and file tax and periodic increases we conclude that under its above-designated docket num­ they should be suspended for 5 months from statement of general policy No. 61-1, as December 25, 1969, the proposed effective amended (18 CFR, Chapter I, Part 2, ber with the Secretary of the Commis­ date. § 2.56), with the exception of the rate sion its agreement and undertaking to After the amounts of tax reimbursement increases filed-by Humble in the Aneth comply with the refunding and report­ applicable to past production have been re­ Area of Utah and Apache County, Ariz., ing procedure required by the Natural covered, Humble shall file appropriate rate where no formal guideline prices have Gas Act and § 154.102 of the regulations decreases under its Rate Schedule Nos. 249 been announced by the Commission. thereunder, accompanied by a certificate and 250 to reduce the rate proposed herein showing service of copies' thereof upon so as to provide for tax reimbursement for [P.R. Doc. 70-366; Piled, Jan. 13, 1970; 8:45 a.m.] all purchasers under the rate schedule future production only. Humble will also be involved. Unless respondents are advised required to refund any reimbursement relat­ ing to the Wyoming tax collected in this to the contrary within 15 days after the proceeding in the event the tax is for any [Docket No. RI70-999 etc.] filing of their respective agreements and reason held 'nvalid upon judicial review. BOWERS DRILLING CO. undertakings, such agreements and Humble’s 19.5-cent rate increases undertakings shall be deemed to have (Supplement Nos. 5 and 14 to Humble’s Order Providing for Hearing on and been accepted.2 PPC Gas Rate Schedule Nos. 296 and Suspension of Proposed Changes in (C) Until otherwise ordered by the 212, respectively), are for sales of gas Rates, and Allowing Rate Changes Commission, neither the suspended sup­ in the Aneth Area of Utah and the pro­ To Become Effective Subject to plements, nor the rate schedules sought posed rate of 18.7 cents per Mcf is for a to be altered, shall be changed until dis­ Refund 1 position of these proceedings or expira­ sale of gas in Apache County, Ariz.30 J anuary 2,1970. Although no formal ceiling rates have tion of the suspension period. been announced for either area, the The respondents named herein have (D) Notices of intervention or peti­ Commission has previously suspended filed proposed changes in rates and tions to intervene may be filed with the rates at these levels for 5 months. Ac­ charges of currently effective rate sched­ Federal Power Commission, Washing­ cordingly, Humble’s proposed rates are ules for sales of natural gas under Com­ ton, D.C. 20426, in accordance with the mission jurisdiction, as set forth in rules of practice and procedure (18 CFR suspended for 5 months from December Appendix A hereof^ 25, 1969, the proposed effective date. 1.8 and 1.37(f)) on or before February The proposed changed rates and 16, 1970. Three of Humble’s proposed rate in­ charges may be unjust, unreasonable, creases reflect partial reimbursement unduly discriminatory, or preferential, By the Commission. for the full 2.55 percent New Mexico or otherwise unlawful. [ seal ] K enneth F. P lumb, Emergency School Tax. The buyer, El The Commission finds: It is in the Acting Secretary. Paso Natural Gas Co. (El Paso), in ac­ public interest and consistent with the cordance with its policy of protesting 2 If an acceptable general undertaking, as Natural Gas Act that the Commission provided in Order No. 377, has previously tax filings proposing reimbursement for enter upon hearings regarding the law­ been filed by a producer, then it will not be the New Mexico Emergency School Tax fulness of the proposed changes, and necessary for that producer to file an agree­ in excess of 0.55 percent, is expected to that the supplements herein be sus- m ent and undertaking as provided herein. In such circumstances the producer’s pro­ posed increased rate will become effective as 80 Supplement No. 3 to Humble’s PPC Gas 1Does not consolidate for bearing or dis­ of the expiration of the suspension period Rate Schedule No. 313. pose of the several matters herein. without any further action by the producer.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 503

A ppendix A

Cents per Mcf Bate in R ate Sup­ Amount Date Effective D ate ------—— » effect Docket Respondent sched­ ple­ Purchaser and producing area of filing date suspended Bate Proposed subject to No, ule m ent annual tendered unless until— in increased refund in N o. N o. increase suspended effect rate dockets N os.

RI70-999.. Bowers Drilling Co., Inc.. *4 1 Cities Service Gas C o ...... $400 12-6-69 ‘ 1-5-70 ‘1-6-70 *14.0 • 7 * 16.0 ___ .d o...... *5 1 ...... do...... 4,220 12-5-69 ‘ 1-5-70 ‘ 1-6-70 *14.0 «7 » 15.0 ...... do...... «8 1 ...... do...... ____ 460 12-5-69 » 1-5-70 ‘1-6-70 *14.0 «7 » 15.0 ...... do...... »9 1 ...... do...... 250 12-5-69 ‘1-5-70 ‘1-6-70 *14.0 • 7 * 15.0 do...... *11 2 ____ do...... 4,255 12-5-69 ‘ 1-5-70 ‘1-6-70 *14.0 ‘7 » 16.0 ____ d o ...... 7 5 ...... do...... 367 12-5-69 ‘1-5-70 ‘1-6-70 *14.0 ‘ 7 * 16.0 RI70-1000. Sunset International 35 13 El Paso Natural Gas Co...... 5 12-4-69 ‘12-4-69 ‘ 12-5-69 17.0 7 w 17.06375 ; Petroleum Corp. et al. RI70-1001- Northern Pum p Co., 22 10 Phillips Petroleum Co ...... - 305 1» 12-4-69 1-1-70 ‘ 1« 1-2-70 * 10.7703 7 • '« 11.4780 RI66-234. Agent (Operator) et al.

• Contract dated after Sept. 28, 1960, the date of issuance of the Com m ission’s n Corrected b y filing of D ec. 15, 1969. statement of general policy No. 61-1 and proposed, rate does not exceed the initial io Phillips gathers and processes the gas aild resells the residue gas to Michigan- service ceiling rate. Wisconsin Pipe Line Co. under its Rate Schedule No. 4 at a rate of 16.22 cents plus ‘ The stated effective date is the first day after expiration of the statutory notice. applicable tax. reimbursement, subject to refund in Docket No. RI65-256. A rate of • The suspension period is limited to 1 day. 16.22 cents plus applicable tax reimbursement is suspended in Docket No. RI70-28 • Periodic rate increase. u ntil Jan. 1,1970. ' - 7 Pressure base is 14.65 p.s.i.a. io Footnote 13 not used. • Subject to a downward B.t.u. adjustment. B Suspended for 1 day from Jan. 1,1970, or, one day from when Phillips places the • The stated effective date is the date of filing pursuant to the Commission’s order 16.22 cents rate into effect. No. 390. io Revenue-sharing rate increase. w Tax reimbursement increase. The contracts related to the rate filings which is suspended in Docket No. RI70-28 the supplement herein be suspended and proposed by Bowers Drilling Co., Inc. (Bow- until January 1, 1970. Northern’s proposed its use be deferred as ordered below. ers) were executed subsequent to Septem­ rate exceeds the increEised rate ceiling for ber 28,1960, the date of issuance of the Com­ the Oklahoma PEmhandle Area. Since North­ The Commission orders : mission’s statement of general policy No. ern’s proposed rate increase is bEised on (A) Under the Natural Gas Act, par­ 61-1, eis amended, and the proposed increased Phillips'’ suspended resale rate, we conclude ticularly sections 4 and 15, the Regula­ rates are above the applicable ceilings for that it should be suspended for 1 day from tions pertaining thereto (18 CPR ch. I), increased rates but below the initial service January 4, 1970, or 1 day from the date and the Commission’s rules of practice ceilings for the areas involved. We believe, Phillips places its 16.22-cent rate into effect and procedure, public hearing shall be in this situation, Bowers’ proposed rate in Docket No. RI70-28. held concerning the lawfulness of the filings should be suspended for 1 day, from proposed change. January 5, 1970, the expiration date of the [P.R. Doc. 70-418; Piled, Jan. 13, 1970; statutory notice. Good cause has not been 8:45 a.m] (B) Pending hearing and decision shown for graiiting Bowers’ request for a thereon, the rate supplement herein is December 22, 1969, effective date for its rate [Docket No. RI70-988] suspended and its use deferred until date filings and such request is denied. shown in the “Date Suspended Until” Sunset International Petroleum Corp. et W. C. PERRYMAN ET AL. column, and thereafter until made effec­ al. (Sunset) proposed rate increase reflect Order Providing for Hearing on and tive as prescribed by the Natural Gas the 0.5-percent increase in the production Act. tax from 7 percent to 7.5 percent enacted by Suspension of Proposed Change in the State of Texas on September 9, 1969, to Rate -(C) Until otherwise ordered by the Commission, neither the suspended sup­ be effective as of October 1, 1969. Sunset's J anuary 2,1970. proposed rate exceeds the applicable area plement, nor the rate schedule sought to ceiling rate for the area involved as set forth The respondent named herein has filed be altered, shall be changed until dis­ in the Commission’s statement of general proposed increased rate and charge of position of these proceedings or expira­ policy No. 61-1, as amended, and should be currently effective rate schedule for sales tion of the suspension period. suspended for 1 day from December 24, 1969, of natural gas under Commission juris­ the date of filing, pursuant to Commission’s diction, as set forth in Appendix A hereof. (D) Notices of intervention or peti­ Order No. 390 issued October 10, 1969. tions to intervene may be filed with the The proposed changed rate and charge Federal Power Commission, Washington, Northern Pump Co., Agent (Operator) et may be unjust, unreasonable, unduly dis­ al. (Northern) proposes a revenue-sharing , D.C. 20426, in accordance with the rules increase from 10.7703 cents to 11.4780 cents, criminatory, or preferential, or other­ of practice and procedure (18 CFR 1.8 including tax reimbursement, for a sale for wise unlawful. and 1.37(f)) on or before February 16, resale to Phillips Petroleum Co. (Phillips). The Commission finds: It is in the 1970. Phillips resells the gas to M ichigan-Wisconsin public interest and consistent with the Pipe Line Co. under its FPC Gas Rate Sched­ Natural Gas Act that the Commission By the Commission. ule No. 4. Northern’s instant increase is enter upon hearing regarding the law­ [seal] K enneth F. Plumb, geared to a 16.22-cent resale rate to Phillips fulness of the proposed change, and that Acting Secretary. Appendix A

Cents per Mcf at R ate Sup- Amount Date Effective D ate 15.025 p.s.i.a. Respondent sched- pie- Purchaser and producing area of filing date suspended------ule m ent finnual tend- unless until— Rate In Proposed No, No. increase ered suspended effect increased rate

- - W. c. Perryman (Operator) et al...... 2 (») Texas Gas Transm ission Corp. ( R e d ...... 12-5-69 *1-5-70 (Accepted) 16.5 2 *1 Rock-North Shongaloo Area, Webster...... 12-5-69 *1-5-70 (Accepted) ‘16.5 2 2 Parish, Northern Louisiana). $46,800 12-6-69 *1-5-70 6-6-70 16.5 »19.75

Supersedes dated June 1969 between buyer and Bod caw Cc * Contract dated June 6, 1969. BodeawBodcaw Con r f—Tnt uas®as BateRate Schedule No. 1 as to all acreage and formations exexcep * Initial certificated rate. No tax reimbursement provided. Zone in w h k » i Uînal Paper Co. No. 1 well and Reservoir B of Smackover * Includes 1.75 cents per Mcf tax reimbursement. 7 The S ïïS IVs producing. Contract dated Nov. 25, 1969. Period.--j ated effßctive date is the first day after expiration of the statutory noti

FEDERAL REGISTER, V O L 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 504 NOTICES

Respondent has filed a renegotiated in­ propriate action to be taken but will not quired herein if the Commission on its creased rate of 19.75 cents, inclûding 1.75- serve to make the protestants parties to own review of the matter believes that cent tax reimbursement, for sales in North the proceeding. Persons wishing to be­ Louisiana for which he requests an effective a grant of the certificates or the author­ date of November 1, 1969. Respondent claims come parties to a proceeding or to par­ ization for the proposed abandonment that the notice of change in rate is within ticipate as a party in any hearing therein is required by the public convenience the scope of Opinion No. 567. That opinion must file petitions to intervene in ac­ and necessity. Where a petition for leave provides that, beginning November 1, 1969, cordance with the Commission’s rules. to intervene is timely filed, or where the gas well gas from a reservoir committed to Take further notice that, pursuant to Commission on its own motion believes interstate commerce by contract prior to the authority contained in and subject that a formal hearing is required, the date of its discovery should command further notice of such hearing will be the price which would have been applicable to the jurisdiction conferred upon the had the contract been coincident ^with dis­ Federal Power Commission by sections duly given. covery, It also provides that in those areas 7 and 15 of the Natural Gas Act and the Under the procedure herein provided where just and reasonable rates have not yet Commission’s rules of practice and pro­ for, unless otherwise advised, it will be been determined (areas outside the Permian cedure a hearing will be held without unnecessary for applicants to appear or and Southern Louisiana areas), the initial further notice before the Commission be represented at the hearing. service ceilings established in the Commisr. sion’s statement of general policy No. 61-1, on all applications in which no petition [seal] K enneth F. P lumb, as amended, shall apply. Respondent, how­ to intervene is filed within the time re- Acting Secretary. ever, has not filed the documents required by § 2.56(f) (2) of thé Commission’s rules of Docket No. and Price per Pres- practice and procedure as prescribed in Opin­ date filed Applicant Purchaser, field, and location Mcf sure ion No. 567. Furthermore, since the proposed base increased rate exceeds the initial service ceiling for North Louisiana of 18.5 cents, in­ G-7500 _____ Pan American Petroleum Corp., E l Paso Natural Gas Co., Spraberry 14.5 14.65 clusive of tax reimbursement, it would not (CS66-48) Post Office Box 591, Tulsa, Okla. Field, Reagan County, Tex. be acceptable under the provisions of Opin­ C 12-3-69 1 74102. ion No. 567. Good cause therefore does not G-9396______Skelly Oil Co., Post Office Box El Paso Natural Gas Co., acreage (2) D 12-4-69 1650, Tulsa, Okla. 74102 (partial in Rio Arriba County, N . Me*. exist for granting the requested effective abandonment). date of November 1, 1969, and we shall sus­ G-12908------Union Oil Co. of California, Union Michigan Wisconsin Pipe Line Co., 8 22.0 14.65 pend the proposed rate for 6 months from C 12-4-69 Oil Center, Los Angeles, Calif. Laverne Field, Harper County, the expiration of the 30-day statutory notice 90017. Okla. G-13679______Humble Oil & Refining Co., Post El Paso Natural Gas Co., East La- Assigned . period. However, if respondent submits the D 12-8-69 Office Box 2180, H ouston, Tex. Barge Field, Lincoln and Sub­ documents required by § 2.56(f) (2) of the 77001. lette Counties, Wyo. ■ Commission’s rules of practice and pro­ G-15912______Skelly Oil Co...... El Paso Natural Gas Co., acreage 13.0551 15.025 C 12-4-69 in Rio Arriba County, N. Mex. cedure, and if these documents show that CI62-851...... Depco, Inc. (Operator), et -al., c/o El Paso Natural Gas Co., South 13.0 15.025 respondent is entitled under Opinion No. C 12-8-69 " J. V. Kowalski, Assistant Secre­ Blanco Field, Rio Arriba County, 567 to the initial rate ceiling in North tary, 1025 Petroleum Club Bldg., N . Mex. Louisiana, then respondent’s refund obliga­ D enver, Colo. 80202. CI63-815.___ .___ Pioneer Gas Products Co. (successor Lone Star Gas Co., Madill Plant, 4 15.0 1465 tion in the subject suspension proceeding E 12-12-69 to ElCor Chemical Corp.), Post Marshall County, Okla. will be limited to amounts collected in excess Office Box 511, Amarillo, Tex. 79105 of 18.75 cents per Mcf for sales of gas well CI63-1237_...... Nancy Lee Qualls, d.b.a. Central El Paso Natural Gas Co., Pictured 11.0 15.025 gas or residue gas derived therefrom. • 12-3-698 Production Co. (formerly Nancy Cliffs Field, Rio Arriba County, Lee Elliott, d.b.a. Central Pro­ N . Mex. [F.R. Doc 70-420; Filed, Jan. 13, 1970; duction Co.), Post Office Box 655, E l Paso, Tex. 79944. 8:45 a.m.] CI66-53_____ .... Mobil Oil Corp., Post Office Box Northern Natural Gas Co., East (•) D 11-13-69 1774, Houston, Tex. 77001 (partial Clark Area, Harper County, abandonment). Okla. [Docket No. G-7500 etc.] C167-1213---...... K irby Petroleum Co, et al. (succes- Mountain Fuel Supply Co., West 15.0 15.025 E 12-8-69 sor to Kirby Royalties, Inc., et Side Canal Area, Moffat County, al.), Post Office Box 1745, Hous­ Colo. PAN AMERICAN PETROLEUM CORP, ton, Tex. 77001. CI68-84______W. B. Osborn, Jr. (Operator) et al., Panhandle Eastern Pipe Line Co., »17.0 1465 Notice of Applications for Certificates, C 11-14-69 Post Office Box 6767, San Antonio, acreagé in Woods County, Okla. Tex. 78209. Abandonment of Service and Peti­ 0 6 8 - 2868—...... Crystal Oil Co. (successor to David Texas Gas Transmission Corp., 21.25 15.025 tions To Amend Certificates 1 E 12-3-69 C. Blintliff (Operator) et al.), 600 South Thornwell Field, Jefferson Ray P. Oden Bldg., Shreveport, Davis Parish, La. J anuary La. 71101. 2, 1970. 0 6 9 - 197______Ashland Oil & Refining Co., Post United Fuel Gas Co., Poca Dis­ 28.0 15.325 Take notice that each of the appli­ C 12-4-69 Office Box 18695', Oklahoma City, trict, Kanawha County, W. Va. Okla. 73118. cants listed herein has filed an applica­ 0 6 9 -6 3 7 8___ ... Crystal Oil Co. (successor to David United Gas Pipe Line Co., South­ 21.25 15.025 tion or petition pursuant to section 7 of E 11-17-69 C. Bintliff). west Kinder Field, Allen Parish, La. the Natural Gas Act for authorization to 0 6 9 - 761______R. L- Moorhouse, Trustee, c/o Sol United Gas Pipe Line Co., Ewing 15.0 14.65 sell natural gas in interstate commerce C 12-5-69 Smith, Esq., 815 Brown Bldg., Field, San Patricio County, Tex. or to abandon service as described here­ A ustin, Tex. 78701. 0 7 0 - 482...... - Samedan Oil Corp. et al. (successor Transwestern P ipeline Co., K ing * 18.918407 14.-65 in, all as more fully described in the re­ (067-1799) to Apache Corp. (Operator) et al.), Field Area, Lipscomb County, spective applications and amendments F 11-7-69 301 Little Bldg., Ardmore, Okla. Tex. > 73401. which are on file with the Commission 0 7 0 -6 0 4 ______Arthur J. Wessely (successor to Shell Coloradolnterstate Gas Co., a divi- 1017.0 14 65 and open to public inspection. (G-19572) Oil Co., sion of Colorado Interstate Corp., Southwest Camp Creek Field, Any person desiring to be heard or Beaver County, Okla. " ,, to make any protest with reference to (G-13704) Shell OU Co., and Northern Natural Gas Co., Sputh- 1117.0 14. bo said applications should on or before • west Camp Creek Field, Beaver County, Okla. - January 19, 1970, file with the Federal (G-13098) Atlantic Richfield Co.) 2002 Repub- ...... d o ....: ...... “ 17.0 14 65 Power Commission, Washington, D.C. F 11-24-69 lie Bahk Bldg., Dallas, Tex. 75201. 0 7 0 -5 1 0 ______PhU W. Phillips (successor to A t- Michigan Wisconsin Pipe Line Co., 18 23.155 14 65 20426, petitions to intervene nr protests (G-18708) lantic Richfield Co. Alexander and Woodson Gas in accordance with the requirements of Units, Laverne Area, Beaver C ounty, Okla. . . »K the Commission’s rules of practice and (G-18933) Apache Corp., Rural Route No. 1, do - 14 20.94 14 65 procedure (18 CFR 1.8 or 1.10). All pro­ F 12-1-69 Cleveland, Okla. 74020...... ’ u 20.89 — tests filed with the Commission will be Filing code: A—Initial service. considered by it in determining the ap- B—Abandonment. C—Amendment to add acreage. D—Amendment to delete acreage. 1 This notice does not provide for consoli­ E —Succession. dation for hearing of the several matters cov­ F—Partial succession. ered herein. \ See footnotes at end of table.

FEDERAL REGISTER, V O L 35, NO. 9— WEDNESDAY, JANUARY 14, 1970. Price per Pres­ Docket No. and Price per Pres­ Docket No. and Applicant Purohaser, field, and looation Mei sure date filed Applicant Furo baser, field, and looation Mcf sure date filed base base

Tennessee Gas Pipeline Co., a divi­ Depleted CI70-511...... Apache, Corp. (successor to Mobil Natural Gas Pipeline Co. of 7 17.0 14.65 CI70-534...... Continental Oil Co., Post Office America, Custer City Field, Cus­ B 12-8-69 Box 2197, Houston, Tex. 77001. sion of Tenneco Inc., West Delta (CI68-156) Oil Corp., Post Office Box 2299, Farms Field, Lafourche Parish, F 12-1-69 Tulsa, Okla. 74101. ter .. County, Okla. 14.0 14.65 La. C170-512...... Sheldon Petroleum Co., 904 Lub- Valley Gas Transmission, Inc., 6.2 14.65 Maetze Field, Goliad County, CI70-535...... Earlsboro Oil & Gas Co., Inc., 1380 Clinton Oil Co., Goodson Lease, A 12-2-69 bock National Bank Bldg., Lub­ Kay County, Okla. bock, Tex. 79401. Tex. A 12-10-69 First, National Bldg., Oklahoma Valley Gas Transmission Inc., La- Depleted City, Okla. 73102. CI70-513______Wiley W. Singleton Drilling Co., Inc. Clinton Oil Co., Carmichael Lease, 6.2 14.65 B 11-28-69 (Operator) et al., c/o Keys, Rus­ garto Field, Live Oak County, CI70-536...... do...... - ...... A 12-10-69 Kay County, Okla. sell, Watson & Seaman, 18th Tex. United Fuel Gas Co., acreage in 27.0 15.325 Floor, Driscoll Bldg., Corpus CI70-537...... E. C. Ware, Post Office Box 7348, A 12-10-69 Beauty, Ky. 41203. Martin County, Ky. Christi, Texs 78401. » 1 4 .0 14.65 7 16.0 14.65 CI70-538...... --L- Kirby Petroleum Co. (Operator) Phillips Petroleum Co., Cheatham CI70-514...... White Shield Oil & Gas Corp. (Op- Panhandle Eastern Pipe Line Co., a 13.5534 Massoni East Field, Seward A 12-8-69 et al. Lease, Hutchinson County, Tex. A 12-3-69 erator) et al., Post Office Box The Ohio Fuel Gas Co., acreage in (22) 15.025 2139, Tulsa, Okla. 74101. County, Kans. CI70-539-...... Quaker State Oil Refining Corp.__. 7 16.0 14.65 A 12-10-69 Meigs County, Ohio. C170-515...... White Shield Oil & Gas Corp. (Op- Arkansas Louisiana Gas Co., North ¡«18.0 . 14.65 (CI66-1301) erator) et al. (successor to Ana- CI70-540...... Occidental Petroleum Con). (suc- (CI63-1025) cessor to Glover Hefner Kennedy Carter Field, Beckham County, F 12-3-69 darko Production Co. (Operator) Okla. et al.). F 12-11-69 Oil Co.28), 600 Stockdale Highway, Transwestern Pipeline Co., Ivanhoe »18.0 14.65 Bakersfield, Calif. 93309. CI70-516...... Lear Petroleum Corp., c/o Joe Bob .d o...... *28 117.9 7 .9 14.65 A 12-3-69 Brown, Attorney, 415 West Eighth Field, Beaver County, Okla. CI70-541...... d o 28...... -...... - St., Amarillo, Tex. 79101. (CI63-1583) 719.5 4.65 F 12-11-69 C170-517...... I. A. Wyant et al., 1421 First Na- Michigan Wisconsin Pipe Line Co., Panhaiidle Eastern Pipe Line Co., 2716.65 14.65 A 12-4-69 tional Bldg., Oklahoma City, acreage in Major County, Okla. * CI70-542...... Occidental Petroleum Corp...... A 12-11-69 North Carter Field, Beckham Okla. 73102. County, Okla. C170-518...... : N ancy Lee Qualls (Operator) et a l. El Paso Natural Gas Co., Pictured (») B 12-3-69 ’ Cliffs Field, Rio Arriba County, \ N . Mex. Texas Gas Transmission Corp., n 20.0 15.025 1 Adds acreage acquired from Thorton Petroleum Corp. et al., Docket No. CS66-48. CI70-519...... Oakland Corp., Post Office Box 5152, 2 well is incapable of producing gas into Buyer’s line. , A 12-4-69 Shreveport, La. 71105. Walker Creek Field, Lafayette and Columbia Counties, Ark. 8 Subject to upward B.t.u. adjustment. * Rate in effect subject to refund in Docket No. RI68-543. CI70-520...... Nichols Drilling Co. et al., Post Panhandle Eastern Pipe Line Co., 716.0 14.65 Rhoades Field Extension, Barber 8 Amendment to certificate filed to reflect change in name. A 12-4-69 Office Box 988, Duncan, Okla. 8 Deletes interest of Gulf Oil Corp., now covered by Gulf’s own contract. 73533. County, Kans. Northern Natural Gas Co., Evalyn »16.0 14.65 7 Subject to upward and downward B.t.u. adjustment. NOTICES CI70-521...... Bill Ferguson, d.b.a. Ferguson Oil 8 No permanent certificate issued; temporary authorization granted only. A 12-4-69 Co., Suite 1115, 100 Park A venue Field, Seward County, Kans. « Includes 1.836 cents upward B .t.u . adjustment and 0.082407-cent tax reimbursement. Bldg., Oklahoma City, Okla. » Rate in effect subject tò refund in Docket No. RI65-475. 73102. Consolidated Gas Supply Corp., 27.0 15.325 n Rate in effect subject to refund in Docket No. RI68-69. CI70-522...... Lee Scott, Post Office Box 417, is Rate in effect subject to refund in Docket No. RI68-90. A 12-4-69 Belpre, Ohio 45714. acreage in Gilmer County, W. Va. « Rate in effect subject to refufid in Docket No. RI69-774. »28.0 15.325 m Production from Woodson Unit. Rate in effect subject to refund in Docket No. RI6&-366. CI70-523...... Kewanee Oil Co., Post Office Box i« Production from Alexander Unit. Rate in effect subject to refund m Docket No. RI66-366. A 12-4-69 2239, Tulsa, Okla. 74101. w Certificate issued to Kent Elliott (Operator), et al. CI70-524...... Reeves Lewenthal, 630 Park Ave., Consolidated Gas Supply Corp., 27.0 15.326 77 Acreage assigned to Buyer. . ,. . A 12-4-69 New York, N. Y. 10021, Philippi District, Barbour Coun- « Applicant proposes 20.0 cents per Mcf or area ceiling rate, whichever is higher. ty, W. Va. » Includes 1 cent per Mcf gathering and transportation charge, CI70-525...... Bodcaw Co. (Operator) et al., 1300 United Gas Pipe Line Co., Cotton Depleted so For sweet gas. B 12-5-69 Mercantile Dallas Bldg., Dallas, Valley Field, Webster Parish, La. 22 Less^haifloÒ Mcf per m onth, rate shall be 22 cents per Mcf; 500 Mcf b ut less than 1,000 Mcf per m onth, 25 cents Tex. 75201. per Mcf; 1,000 Mcf or more per m onth, rate shall be 27 cents per Mcf. CI70-526...... Crystal Oil Co. (successor to David Trunkline Gas Co., East Lake 21.25 15.025 28 Successor in interest to Sinclair Oil Corp. (now Atlantic Richfield Go.). (CI68-739) 8 C. Bintliff (Operator) et al). Field, Jefferson Davis Parish, La. 24 Rate in effect subject to refund in Docket No. RI67-79. F 12-4-69 2s Successor in interest to Shell Oil Co. C170-527...... Raymond H. Hedge (Operator) Texas Gas Transmission Corp;, ■ ,19.75 15.025 2« Rate in effect subject to refund in Docket No. RI67-19. . A 12-5-69 et al., 314 Peoples N ational Bank Red Rock-North Shongaloo Field, 87 includes 1.65 cents per Mcf B.t.u. adjustment. Suoject to upward and downward B.t.u. adjustment. Bldg., Tyler, Tex. 75701. Webster Parish, La. [F.R. Doc. 70-419; Filed, Jan. 13, 1970; 8:45 a.m.] CI70-528...... White Shield Oil & Gas Corp. (Op- United Gas Pipe Line Co., Joaquin 717.0 14.65 A 12-5-69 erator) et al. Field, Shelby and Panola Counties, Tex. CI70-529...... Pan American Petroleum Corp... United Gas Pipe Line Co., West 21.25 15.025 [Docket No. RI70-989 etc.] charges of currently effective rate sched­ A 12-8-69 Bastian Bay Field, Plaquemines Parish, La. ules for sales of natural gas under Com­ CI70-530...... Professional Oil Management, Inc., United Fuel Gas Co., Poca District, 28.0 15.325 SUN OIL CO. ET AL. mission jurisdiction, as set forth in Ap­ A 12-8-69 Post Office Box 374, Ann Arbor, Kanawha County, W. Va. Mich. 48107. Order Providing for Hearings on and pendix A hereof. 12.0 15.325 The proposed changed rates and CI70-581...... J & H Productions, c/o Harold M. Pennzoil United, Inc., Ten Mile Suspension of Proposed Changes in A 12-4-69 Phillips, Agent, 227 Worley Ave., D istrict, Harrison C ounty, W. Va. charges may be unjust, unreasonable, Clarksburg, W. Va. 26301. Rates 1 CI70-532...... Quaker State Oil Refining Corp., Pennzoil United, Inc., Grant Dis­ 15.0 15.325 unduly discriminatory, or preferential, A 12-8-69 Post Office Box 989, Oil C ity, Pa. trict, Wetzel County, W. Va. J anuary 2,1970. or otherwise unlawful. 16301. CI70-633...... A. C. Radford & J. W. Frame, c/o , United Fuel Gas Co., Poca District, 28.0 15.325 The respondents named herein have The Commission finds: It is in the A 12-8-69 A. C. Radford) Coowner, Post Kanawha County, W. Va. filed proposed increased rates and public interest and consistent with the Office Box 6, Winfield, W. Va. Natural Gas Act that the Commission 25213. *Does not consolidate for hearing or dis­ enter upon hearings regarding the law­ See footnotes at end of table. i pose of the several matters herein. fulness of the proposed changes, and § FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 cn 506 NOTK£S

that the supplements herein be sus­ (B) Pending hearings and decisions position of these proceedings or expira­ pended and their use be deferred as thereon, the rate supplements herein tion of the suspension period. ordered below. are suspended and their use deferred (D) Notices of intervention or peti­ The Commission orders: tions to intervene may be filed with the until date shown in the “Date Suspended Federal Power Commission, Washington, (A) Under the Natural Gas Act, par­ Until” column, and thereafter until D.C. 20426, in accordance with the rules ticularly sections 4 and 15, the regula­ made effective as prescribed by the Nat­ of practice and procedure (18 CFR 1.8 tions pertaining thereto (18 CFR ch. I), ural Gas Act. and 1.37(f)) on or before February 16, and the Commission’s rules of practice (C) Until otherwise ordered by the 1070. and procedure, public hearings shall be Commission, neither the suspended sup­ By the Commission. held concerning the lawfulness of the plements, nor the rate schedules sought [seal] K enneth F. P lumb, proposed changes. to be altered, shall be changed until dis­ Acting Secretary.

Appendix A

Effective Cents per Mcf at Rate in Rate Sup­ A m ount D ate ' date D ate 14.65 p.s.i.a. effect Docket Respondent sched­ ple­ Purchaser and producing area ofannual filing unless ■ subject to No. ule m ent increase tendered sus­ pended Rate in Proposed refund in N o. N o. pended 3 until— effect increased dockets rate Nos.

RI70-989-- Sun Oil Co., 1608 Walnut St., 21 14 United Gas P/L Co. (Carthage Field, 12- 5-69 1- 5-70 Accepted. Philadelphia, Pa. 21 15 Panola County, Tex.) (RR. District $316 12- 5-69 1- 5-70 6- 5-70 11.9298 14.0346 N o. 6). RI70-990-. A. G. Hill (Operator) et al., 3 5 Transwestem P/L Co. (Parsell Field, 11,425 12-,4-69 1- 4-70 6- 4-70 19.5853 26.1138 RI66-51. 1401 E lm St., Dallas, Tex. Hemphill County, Tex.) (RR. Dis­ 75202. trict N o. 10). RI70-991...... do...... — 1 7 Transwestem P/L Co., (Cree-Flowers 2,612 12- 4-69 Í- 4-70 6- 4-70 19. 5853 26.1138 RI66-63. Field, Roberts County, Tex.) (RR. D istrict N o. 10). RI70-992-- Petrodyne, Inc. et al., 310 2 5 Arkansas-Louisiana Gas Co. (Star 365 12- 4-69 1- 4-70 6- 4-70 16.8 17.815 R 157-39. Kennac Bldg., Oklahoma Field, Kingfisher and Blaine Coun­ City, Okla. > . ties, Okla.) (Other Area). RI70-993-- Sunset International Petro­ 41 12 Michigan-Wisconsin P/L Co. (Laveme 541 12- 4-69 1- 4-70 6- 4-70 19. 5 23.107 RI68-683. leum Corp. et al., 2400 Field, Beaver County, Okla.) (Pan­ Fidelity Union Tower handle Area). Bldg., Dallas, Tex. 75201. RI70-994-- Gulf Oil Corp., Post Office 46 7 Natural Gas P/L Co. of America 86 12- 4-69 1- 4-70 6- 4-70 17.0 18.6 RI68-26. Box 1589, Tulsa, Okla. (Southeast Camrick Pool, Beaver -74102. County, Okla.) (Panhandle Area). 262 4 Natural Gas P/L Co. of America 116 12- 4-69 1- 4r-70 6- 4-70 17.8 18.4 K165-547. (Northwest Dover Gas Pool, Beaver County, Okla.) (Panhandle Area). do. 265 3 Natural Gas P/L Co. of America 54 12-4-69 1-4-70 6-4-70 17.0 18.6 (Southwest Boyd Pool, Beaver County, Okla.) (Panhandle Area). 267 2 . Natural Gas P/L Co. of America 1,063 12-4-69 1-4-70 6-4-70 17.0 18.0 (Mocane Pool, Beaver County, Okla.) (Panhandle Area). RI70-995-. Sun Oil Co., 1608 Walnut St., 69 8 Cities Service Gas Co. (Hardtner 1,800 12-4-69 1-4-70 6-4-70 14.0 15.0 RI68-100. Philadelphia, Pa. 19143. Field, Barber County, Kans.). RI70-996-. Edwin L. Cox (Operator) et 75 2 Cimarron Transmission Co. (Enville 7,300 12-4-69 1-4-70 6-4-70 15.0 17.0 al., 3800 First National Area, Love County, Okla.) (Other B ank, Dallas, Tex. 75202. Area). RI70-997.. Sunset International Petro­ 35 14 El Paso Natural Gas Co. (North 434 12-5-69 1-5-70 6-5-70 17.06375 23.08625 leum Corp. et al., 2400" Perrytown Field, Ochiltree County, Fidelity Union Tower Tex.) (RR. District No. 10). Bldg., D allas, Tex. 75201. It170-998 __ Mobil Oil Corp., Post Office 222 4 Cities Service Gas Co. Northeast 730 12-5-69 1-5-70 6-5-70 14.0 *15.0 RI67-272. Box 1774, Houston, Tex. Waynoka Field, Woods County, 77001. Okla.) (Other Area). 369 1 Panhandle Eastern P/L Co. (Postle- 2,286 12-5-69 1-5-70 ' 6-5-70 16.0 17.015 Hough Field, Texas County, Okla.) (Panhandle Area). do. 385 2 Panhandle Eastern P/L Co. (Pan- 342 12-5-69 1-5-70 6-5-70 16.0 17.0638 handle Field, Moore County, Tex.) (RR. District No. 10).

»The stated effective date is the first day after expiration of the statutory notice . 8 Buyer deducts 0.75 cent for dehydration from rate shown, period. All of the producers’ proposed increased rates and charges exceed the applicable area price levels for increased rates as set forth in the Commission’s statement of general policy No. 61-1, as amended (18 CFR 2.56). [F.R. Doc. 70-421; Filed, Jan. 13, 1970; 8:45 a.m.]

[Docket No. G-12793] chemical processing plant near Sage, requirement to 1,500 Mcf of natural gas Wyo., all as more fully set forth in the per day. Applicant further states that EL PASO NATURAL GAS CO. petition to amend which is on file with Stauffer has increased its annual require­ Notice of Petition To Amend the Commission and open to public ments to 400,000 Mcf in 1970, and 450,000 inspection. Mcf for the years 1971-74, and applicant J anuary 7,1970. Applicant was initially authorized to therefore requests an increase in the Take notice that on December 29,1969, transport up to 300 Mcf of natural gas volumetric limitation to 1,500 Mcf Per El Paso Natural Gas Co. (applicant), per day to Stauffer. This volume was in­ day. . Post Office Box 1492, El Paso, Tex. 79999, creased by authorizations up to 1,350 Applicant states that no new facilities filed in Docket No. G-12793 a petition to Mcf per day by the amendments to the will be needed for the delivery of tn amend further the order of the Commis­ order of the Commission of September 24, proposed volumes. sion issued on September 10, 1957, in the 1958, and May 24, 1966. Applicant states Any person desiring to be heard or o subject .docket, to authorize an increase that it has been advised by Stauffer that make any protest with reference to sai in the volumetric limitation on the it has installed a washing plant and re­ application should on or before Feoru- delivery of natural gas to the Stauffer lated facilities at its Sage plant which ary 2, 1970, file with the Federal Power Chemical Co. (Stauffer) for use in its has increased its maximum firm daily Commission, Washington, D.C. 204Jo,

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 507 petition to intervene or a protest in ac­ Commission, Washington, D.C. 20426, a held concerning the lawfulness of the cordance with the requirements of the petition to Intervene or a protest in ac­ proposed changes. Commission’s rules of practice and pro­ cordance with the requirements of the (B) Pending hëarings and decisions cedure (18 CFR 1.8 or 1.10) and the Commission’s rules of practice and pro­ •thereon, the rate supplements herein are regulations under the Natural Gas Act cedure (18 CFR 1.8 or 1.10). All protests suspended and their use deferred until (18 CFR 157.10). All protests filed with filed with the Commission will be con­ date shown in the “Date Suspended Un­ the Commission will be considered by it sidered by it in determining the appro­ til” column, and thereafter until made in determining the appropriate action priate action to be taken but will not effective as prescribed by the Natural Gas to be taken but will not serve to make serve to make the protestants parties to Act: Provided, however, That the supple­ the protestants parties to the proceed­ the proceeding. Any person wishing to ments to the rate schedules filed by re­ ing. Any person wishing to become a become a party to a proceeding or to spondents, as set forth herein, shall be­ party to a proceeding or to participate as participate as a party in any hearing come effective subject to refund on the a party in any hearing therein must file therein must file a petition to intervene date and in the manner herein prescribed petitions to intervene in accordance with in accordance with the Commission’s if within 20 days from the date of the the Commission’s rules. rules. issuance of this order respondents shall G ordon M . G rant, G ordon M . G rant, each execute and file under its above- Secretary. Secretary. designated docket number with the Sec­ [F.R. Doc. 70-494; Filed, Jan. 13, 1970; retary of the Commission its agreement [PH. Doc. 70-493; Filed, Jan. 13, 1970; 8:49 am .] and undertaking to comply with the re­ 8:49 ajn.] funding and reporting procedure re­ quired by the Natural Gas Act and [Docket No. RI70—1002, etc.] [Docket No. GP70-161] § 154.102 of the regulations thereunder, SUPERIOR OIL CO. accompanied by a certificate showing MISSOURI EDISON CO. AND PAN­ service of copies thereof upon all pur­ HANDLE EASTERN PIPE LINE CO. Order Providing for Hearing on and chasers under the rate schedule involved. Notice of Application Suspension of Proposed Changes in Unless respondents are advised to the Rates, and Allowing Rate Changes contrary within 15 days after the filing of J anuary 7, 1970. To Become Effective Subject to their respective agreements and under­ takings, such agreements and undertak­ Take notice that on December 29,1969, Refund 1 Missouri Edison Co. (applicant), 202 ings shall be deemed to have been South Third Street, Louisiana, Mo. 63353, J anuary 5,1970. accepted.® filed in Docket No. CP70-161 an appli­ The respondents named herein have (C) Until otherwise ordered by the cation pursuant to section 7(a) of the filed proposed changes in rates and Commission, neither the suspended sup­ Natural Gas Act for an order of the Com­ charges of currently effective rate sched­ plements, nor the rate schedules sought mission directing Panhandle Eastern ules for sales of natural gas under Com­ to be altered, shall be changed until dis­ Pipe Line Co. (respondent) to establish mission jurisdiction, as set forth in Ap­ position of these proceedings or expira­ physical connection of facilities and to pendix A hereof. tion of the suspension period. sell and deliver natural gas to applicant The proposed changed rates and (D) Notices of intervention or peti­ for a proposed addition to its gas distri­ charges may be unjust, unreasonable, un­ tions to intervene may be filed with the bution system, all as more fully set forth duly discriminatory, or preferential, or Federal Power Commission, Washington, in the application which is on file with otherwise unlawful. D.C. 20426, in accordance with the rules the Commission and open to public The Commission finds: It is in the pub­ of practice and procedure (18 CFR 1.8 inspection. lic interest and consistent with the Nat­ and 1.37(f)) on or before February 19, Applicant requests an additional physi­ ural Gas Act that the Commission enter 1970. cal connection on respondent’s line at upon hearings regarding the lawfulness By the Commission. the northerly edge of Louisiana, Mo., for of the proposed changes, and that the resale and distribution of gas to Her­ supplements herein be suspended and [ seal] K enneth F . P lum b, cules, Inc., whose contract with respond­ their use be deferred as ordered below. Acting Secretary. ent for delivery has expired and now has The Commission orders: requested applicant to furnish the sup­ * If an acceptable general undertaking, as ply. The estimated maximum annual and (A) Under the Natural Gas Act, par­ provided for in § 154.102(b) (2) of the regu­ daily requirements for the first 3 years ticularly, sections 4 and 15, the regula­ lations, Order No. 377, 40 FPC 1449, has been of operation are 3,693,000 Mcf and 13,500 tions pertaining thereto (18 CFR Ch. I), filled by a producer, It will not be necessary Mcf, respectively. and the Commission’s rules of practice for that producer to file an agreement and and procedure, public hearings shall be undertaking as provided herein. In such cir­ Any person desiring to be heard or to cumstances, the producer’s proposed in­ to make any protest with reference to creased rate will become effective at the ex­ said application should on or before Feb­ 1 Does not consolidate for hearing or dispose piration of the suspension period without ruary 2,1970, file with the Federal Power of the several matters herein. any further action by the producer; Appendix A

R ate A m ount D ate Effective Cents per Mcf sched­ Supple­ of filing date D ate Docket No. Respondent ule m ent Purchaser and producing area annual ten­ unless suspended R ate Propœed N o. N o . increase dered suspended until— in increased effect rate

HI70-1002—. The Superior O il Co._ 106 2 Cities Service Oas Co.—Oklahoma, $1,732 12-10-69 1-10-70 1-11-70 14.0 15.0 Other Area. ïmAlîiïS— Westmore Drilling Co...... 1 1 Cities Service Qas Co.—Kans______2,160 12- 8-69 1- 8-70 1- 9-70 14.0 16.0 «170-1004— Westmore Drilling Co., Inc. (Operator), 4 1 .____do______720 12- 8-69 1- 8-70 1- 9-70 14.0 16.0 ÜI70-1005— G nifO il Corp.______406 1 Kansas-Nebraska Natural Oas Co., 20,988 12-12-69 12-12-69 112-13-69 17.0 17.0576 Ine.

1 Pursuant to the Commission’s Order No. 390, issued Oct. 10,1969. [FR . Doc. 70-460; Filed, Jan. 13, 1970; 8:46 ajn.]

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 508 NOTICES

[Docket No. CP70-160] view of the matter finds that a grant of ation for the development of water power UNITED GAS PIPE LINE CO. AND the certificate is required by the public on Silver Creek. convenience and necessity. If a petition TEXAS EASTERN TRANSMISSION The Commission finds : Inasmuch as for leave to intervene is timely filed, or the subject lands have insignificant CORP. if the Commission on its own motion be­ power value, the land withdrawals per­ Notice of Application lieves that a formal hearing is required, taining thereto serve no useful purpose further notice of such hearing will be and should be vacated. J anuary 7, 1970. duly given. The Commission orders: The with­ Take notice that on December 29,1969, Under the procedure herein provided drawals of the subject lands pursuant to United Gas Pipe Line Co. (United), 1500 for, unless otherwise advised, it will be the application for Project No. 962 are Southwest Tower, Houston, Tex. 77002, unnecessary for applicants to appear or hereby vacated. and Texas Eastern Transmission Corp. be represented at the hearing. By the Commission. (Texas Eastern), Post Office Box 2521, G ordon M. G rant, Houston, Tex. 77001, filed in Docket No. * Secretary. [ seal] K enneth F. P lumb, CP70-160 a joint application pursuant Acting Secretary. [F.R. Doc. 70-495; Filed, Jan. 13, .1970; to section 7(c) of the Natural Gas Act 8:49 a.m.] [F.R. Doc. 70-459; Filed, Jan. 13, 1970; for a certificate of public convenience 8:46 a.m.] and necessity authorizing the construc­ tion and operation of certain natural gas [Project No. 962] facilities and the exchange of natural gas, all as more fully set forth in the ap­ WASHINGTON INTERSTATE COMMERCE plication which is on file with the Com­ Order Vacating Withdrawals mission and open to public inspection. Applicants propose to install a tap on J anuary 6, 1970. COMMISSION Texas Eastern’s Clinton-Kosciusko 30- Application has been filed by the U.S. FOURTH SECTION APPLICATION FOR inch line; construct approximately 590 Forest Service (applicant) for vacation feet of 6-inch line; install an orifice of the land withdrawals pertaining to RELIEF meter regulator and appurtenant facil­ the following described lands of the J anuary 9, 1970. ities to connect United’s 6-inch Canton United States: Protests to the granting of an appli­ Lateral in sec. 27, T. 8 N., R. 2 E., Mad­ W il l a m e t t e M e r id ia n , W a s h in g t o n cation must be prepared in accordance ison County, Miss., to Texas Eastern’s T. 18, N., R. 10 E. (unsurveyed), with Rule 1100.40 of the general rules Clinton-Kosciusko line; and to estab­ Sec. 34, approximately. of practice (49 CFR 1100.40) and filed lish a point of exchange through an within 15 days from the date of publi­ existing sales meter station in sec. 14, T. All lands within the project bound­ cation of this notice in the F ederal 13 N., R. 7 E., Attala County, Miss. aries, as shown on the map designated R egister. Applicants state that the receipt of “Exhibit F” and entitled “Silver Springs additional gas by United on its 6-inch Hydro-Electric Project of John Espen, Long- and-S hort H aul Canton Lateral Line will provide needed Enumclaw, Washington,” and filed in FSA No. 41855—Joint motor-rail rates peak period volumes for the customers the office of the Federal Power Commis­ on lumber and related articles from served from said lateral and these vol­ sion on February 18,1929. points in Colorado and New Mexico. Filed umes will be returned concurrently at the Also, all lands within the project by Western Trunk Line Committee, existing point of intersection between boundaries, as shown on the map desig­ agent (No. A-2613), for and on behalf the systems of the two companies near nated “Exhibit ‘F’ ” and entitled “Hydro­ of the Rio Grande Motor Way, Inc., and Kosciusko, Miss. electric Power Project of John Espen, interested rail carriers. Rates on lum­ The total estimated c

FEDERAL REGISTER, VOL. 35, NO. 9 - WEDNESDAY, JANUARY 14, 1970 NOTICES 509

(c)(8) and notice thereof to all inter­ may be filed with the Interstate Com­ The notice indicates that the carrier is ested persons is hereby given as provided merce Commission in the manner and presently authorized to transport the in such rules (49 CFR 10411(d)(4)). form provided in such rules (49 CFR same commodities, over a pertinent serv­ Protests against the use of any pro­ 1042.4(d) (12)) at any timé, but will not ice route as follows: From St. Louis, Mo., posed deviation route herein described operate to stay commencement of the over U.S. Highway 50 to Shoals, Ind., may be filed with the interstate Com­ proposed operations unless filed within thence over U.S. Highway 150 to Louis­ merce Commission in the manner and 30 days from the date of publication. ville, Ky., and return over the same form provided in such rules (49 CFR Successively filed letter-notices of the route. 1042.1(e)) at any time, but will not same carrier under the Commission’s No. MC 33641 (Deviation No. 10), IML operate to stay commencement of the Revised Deviation Rules—Motor Carriers FREIGHT, INC., Post Office Box 2277, proposed operations unless filed within of Property, .1969, will be numbered con­ Salt Lake City, Utah 84110, filed Decem­ 30 days from the date of publication. secutively for convenience in identifica­ ber 29, 1969. Carrier proposes to operate Successively filed letter-notices of the tion and protests, if any, should refer to as a common carrier, by motor vehicle, of same carrier under the Commission’s De­ such letter-notices by number. general commodities, with certain excep­ viation Rules Revised, 1957, will be num­ M otor Carriers of P roperty tions, over a deviation route as follows: bered consecutively for convenience in Between Louisville, Ky., and Cincinnati, identification and protests if any should No. MC 33641 (Deviation No. 8), IML Ohio, over Interstate Highway 71, for refer to such letter-notices by number. FREIGHT, INC., Post Office Box 2277, operating convenience only. The notice Salt Lake City, Utah 84110, filed Decem­ indicates that the carrier is presently Motor Carriers of P assengers ber 24, 1969. Carrier proposes to operate authorized to transport the same com­ No. MC 109598 (Deviation No. 13), as a common carrierr by motor vehicle, modities, over pertinent service routes as CAROLINA SCENIC STAGES, Post Of­ of general commodities, with certain ex­ follows: (1) From St. Louis, Mo., over fice Box 2387, Charlotte, N.C. 28201, filed ceptions, over a deviation route as fol­ U.S. Highway 50 via Shoals, Ind., to Cin­ December 29, 1969. Carrier proposes to lows:. From Salem, HI. (junction U.S. cinnati, Ohio; and (2) from St. Louis, operate as a common carrier, by motor Highway 50 and Illinois Highway 37), Mo., over U.S. Highway 50 to Shoals, vehicle, of passengers and their baggage, over Illinois Highway 37 to Mount Ver­ Ind., thence over U.S. Highway 150 to and express and newspapers in the same non, HI., thence over U.S. Highway 460 Louisville, Ky., and return over the same vehicle with passengers, over a deviation to Carmi, HI., thence over Illinois High­ routes, restricted (1) to the transporta­ route as follows: From Batesburg, S.C. way 1 to junction Interstate Highway 64 tion of commodities moving from, to, or (Junction U.S. Highway 178 and U.S. near Grayville, HI., thence over Interstate through points in the St. Louis, Mo., Highway 1), over U.S. Highway 1 to Highway 64 to junction U.S. Highway 41 commercial zone, as defined by the Com­ Augusta, Ga., and return over the same near Stacer, Ind., thence over U.S. High­ mission, and Centralia, HI.; and (2) route, for operating convenience only. way 41 to junction Indiana Highway 68, against the transportation of traffic mov­ The notice indicates that the carrier is thence over Indiana Highway 68 to junc­ ing between the Louisville, Ky., commer­ presently authorized to transport pas­ tion Indiana Highway 57, thence over cial zone as defined by the Commission, sengers and the same property, over Indiana Highway 57 to junction Indiana on the one hand, and, on the other, the pertinent service route as follows: (1) Highway 64, thence over Indiana High­ Cincinnati, Ohio, commercial zone as Prom Newberry, S.C., over South Caro­ way 64 to junction Interstate Highway defined by the Commission. lina Highway 121 (formerly South Caro­ 64 near Duncan, Ind., thence over Inter­ No. MC 33641 (Deviation No. 11), IML lina Highway 19) via Saluda and John­ state Highway 64 to Louisville, Ky., and FREIGHT, INC., Post Office Box 2277, ston, S.C., to junction U.S. Highway 25, return over the same route for operating Salt Lake City, Utah 84110, filed Decem­ thence over U.S. Highway 25 to Augusta, convenience only. The notice indicates ber 29, 1969. Carrier proposes to operate Ga.; (2) from Saluda, S.C., over U.S. that the carrier is presently authorized as a common carrier, by motor vehicle, of Highway 178 to Batesburg, S.C., thence to transport the same commodities, over general commodities, with certain ex­ over U.S. Highway 1 to Columbia, S.C. pertinent service route as follows: From ceptions, over a deviation route as fol­ (also from Saluda over South Carolina St. Louis, Mo., over U.S. Highway 50 to lows: From Baltimore, Md., over U.S- Highway 39 to junction South Carolina Shoals, Ind., thence over U.S. Highway Highway 40 to junction U.S. Highway 13 Highway 23, thence over South Carolina 150 to Louisville, Ky., and return over near State Road, Del., thence over U.S. Highway 23 to junction U.S. Highway the same route. Highway 13 to Philadelphia, Pa., and 178); and (3) from Johnston, S.C., over No. MC 33641 (Deviation No. 9), IML return over the same route, for operat­ South Carolina Highway 23 to junction FREIGHT, INC., Post Office Box 2277, ing convenience only. The notice in­ South Carolina Highway 39, and return Salt Lake City, Utah 84110, filed Decem­ dicates that the carrier is presently au­ over the same routes. ber 24, 1969. Carrier proposes to operate thorized to transport the same commodi­ By the Commission. as a common carrier, by motor vehicle, of ties, over a pertinent service route as general commodities, with certain excep­ follows: from Cincinnati, Ohio, over Ohio fSEAL] H. Neil G arson, tions, over a deviation route as follows: Highway 3 to junction Ohio Highway Secretary. From junction U.S. Highway 50 and 350, thence over Ohio Highway 350 to [F.R. Doc. 70-474; Filed, Jan. 13, 1970; Interstate Highway 57 near Salem, 111., Clarksville, Ohio, thence over unnum­ 8:47 a.m.] over Interstate Highway 57 to junction bered highway (formerly portion Ohio Hlinois Highway 15 near Mount Vernon, Highway 3) to junction Ohio Highway HI., thence over Hlinois Highway 15 to 3, thence over Ohio Highway 3 to Colum­ [Notice 1] junction U.S. Highway 460 at Mount bus, Ohio, thence over U.S. Highway 40 MOTOR CARRIER ALTERNATE ROUTE Vernon, HI., thence over U.S. Highway to junction Ohio Highway 440, thence DEVIATION NOTICES 460 .to Carmi,, HI., thence over Hlinois over Ohio Highway 440 via Hebron and Highway 1 to junction Interstate High­ J'acksontown, Ohio, to junction U.S. J anuary 9, 1969. way 64 near Grayville, 111., thence over Highway 40, thence over U.S. Highway The following letter-notices of prc Interstate Highway 64 to junction U.S. 40 to Cambridge, Ohio, thence over U S. posals to operate over deviation route Highway 41 near Stacer, Ind., thence Highway 22 to junction Pennsylvania for operating convenience only have bee over U.S. Highway 41 to junction Indi­ Highway 60, thence over Pennsylvania med with the Interstate Commerce Com ana Highway 68, thence over Indiana Highway 60 to Pittsburgh, Pa., thence mission under the Commission’s Revise Highway 68 to junction Indiana High­ over U.S. Highway 22 to junction un­ deviation Rules—Motor Carriers < way 57, thence over Indiana Highway 57 numbered highway (formerly portion Property, 1969 (49 CFR 1042.4(d) (11) to junction Indiana Highway 64, thence U.S. Highway 22), thence over unnum­ and notice thereof to all interested pei over Indiana Highway 64 to junction bered highway via Export and Delmont, sons is hereby given as provided in sue Interstate Highway 64 near Duncan, Ind., Pà., to junction U.S. Highway 22, thence rules (49 CFR 1042.4(d) (11)). thence over Interstate Highway 64 to over U.S. Highway 22 via Harrisburg, rJ^9t®fts against the use of any pn Louisville, Ky., and return over the same Pa.,-to junction Interstate Highway 83 poseu deviation route herein describe route for operating convenience only. (formerly portion U.S. Highway 111),

FEDERAL REGISTER, V O L 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 510 NOTICES

thence over Interstate Highway 83 to Ohio Highway 98 to Bucyrus, Ohio, Hollidaysburg, Pa., thence over US. York, Pa., thence over unnumbered high­ thence over U S. Highway 30N to Mans­ Highway 220 to junction Pennsylvania way (formerly portion U.S. Highway field, Ohio, thence over unnumbered Highway 147 (formerly portion Pennsyl­ 111) via Jacobus, Logansville, and highway (formerly portion U.S. High­ vania Highway 14), at or near Halls, Pa., Shrewsbury, Pa., to the Pennsylvania- way 30), to junction U.S. Highway 30 thence over Pennsylvania Highway Ì47 Maryland State line, thence over Mary­ at Mifflin, Ohio, thence over U.S, High­ via Muncy, Pa., to Northumberland, Pa., land Highway 45 via Hereford and way 30 to East Liverpool, Ohio, thence thence over U.S. Highway 11 to Scranton, Cockeysville, Md., to junction Interstate over Ohio Highway 39 to the Ohio- Pa., thence over U.S. Highway 611 to Highway 83 (formerly portion U.S. High­ Pennsylvania State line, thence over Portland, Pa., thence over U.S. Highway way 111), thence over Interstate High­ Pennsylvania Highway 68 to Rochester, 46 to Buttzville, N.J., thence over New way 83 to Baltimore, Md., thence over Pa., thence over Pennsylvania Highway Jefsey Highway 31 (formerly New Jersey U.S. Highway 1 to junction unnumbered 65 to Pittsburgh, Pa., thence over U.S. Highway 69) to junction U.S. Highway highway (formerly portion U.S. Highway Highway 22 to junction unnumbered 22, thence over U.S. Highway 22 to 1), thence over unnumbered highway highway (formerly portion US. High­ Elizabeth, N.J., thence over U.S. High­ via Media, Pa., to Philadelphia, Pa., way 22), thence over unnumbered high­ way 1 to New Haven, Conn., thence over thence over UJS. Highway 1 to junction way via Export and Delmont, Pa., to U.S. Highway 5 via Hartford, Conn., to Alternate U.S. Highway 1, thence over junction U S. Highway 22, thence over Springfield, Mass., thence over U.S. Alternate TJ.S. Highway 1 via Morrisville, U S. Highway 22 to Hollidaysburg, Pa., Highway 20 to Boston, Mass.; and Pa., to junction U.S. Highway 1, thence thence over US. Highway 220 to junction (2) From Cincinnati, Ohio, over Ohio over U.S. Highway 1 to New York, N.Y., Pennsylvania Highway 147 (formerly Highway 3 to junction Ohio Highway 350, and return over the same route, re­ portion Pennsylvania Highway 14), at thence over Ohio Highway 350 to Clarks­ stricted to service to or from the termini or near Halls, Pa., thence over Pennsyl­ ville, Ohio, thence over unnumbred high­ and intermediate and off-rout points to vania Highway 147 via Muncy, Pa., to way (formerly portion Ohio Highway 3) traffic moving to or from points in Ohio. Northumberland, Pa.,, thence over US. to junction Ohio Highway 3, thence over No. MC 33641 (Deviation No. 12), IML Highway 11 to Scranton, Pa., thence over Ohio Highway 3 to Columbus, Ohio, FREIGHT, INC., Post Office Box 2277, U S. Highway 611 to Portland, Pa., thence thence over U.S. Highway 40 to junction Salt Lake City, Utah 84110, filed Decem­ over US. Highway 46 to Buttzville, N.J., Ohio Highway 440, thence over Ohio ber 30, 1969. Carrier proposes to operate thence over New Jersey Highway 31 (for­ Highway 440 via Hebron and Jackson­ as a common carrier, by motor vehicle, merly New Jersey Highway 69) to junc­ town, Ohio, to junction U.S. Highway of general commodities, with certain ex­ tion U.S. Highway 22, thence over US. 40, thence over U.S. Highway 40 to Cam­ ceptions, over a deviation route as fol­ Highway 22 to Elizabeth, N.J., thence bridge, Ohio, thence over U.S. Highway lows: From junction U.S. Highway 22 over U.S. Highway 1 to New Haven, 22 to junction Pennsylvania Highway 60, and Pennsylvania Highway 512 near Conn., thence over U S. Highway 5 via thence over Pennsylvania Highway 60 Bethlehem, Pa., over Pennsylvania High­ Hartford, Conn., to Springfield, Mass., to Pittsburg, Pa., thence over U.S. High­ way 512 to junction Pennsylvania High­ thence over US. Highway 20 to Boston, way 22 to junction unnumbered highway way 115 near Wind Gap, Pa., thence over Mass., restriction, service to or from the (formerly portion U.S. Highway 22), Pennsylvania Highway 115 to junction termini and all intermediate and off- thence over unnumbered highway via U.S. Highway 209 near Sciota, Pa., route points on the above routes re­ Export and Delmont, Pa., to junction thence over U.S. Highway 209 to junc­ stricted to traffic moving to or from U.S. Highway 22, thence over U.S. High­ tion U.S. Highway 611 near Stroudsburg, points in Ohio and return over the same way 22 via Harrisburg, Pa., to junction Pa., and return over the same route, for routes. unnumbered highway (formerly portion operating convenience only. The notice No. MC 33641 (Deviation No. 13), IML U.S. Highway 22), thence over unnum­ indicates that the carrier is presently FREIGHT, INC., Post Office Box 2277, bered highway via Ono and Jonestown, authorized to transport the same com­ Salt Lake City, Utah 84110, filed Decem­ Pa., to junction U.S. Highway 22, thence modities, over pertinent service routes ber 30, 1969. Carrier proposes to operate over U.S. Highway 22 to junction un­ as follows: (1) From Cincinnati, Ohio, as a common carrier, by motor vehicle, of numbered highway (formerly portion over Ohio Highway 3 to junction Ohio general commodities, with certain ex­ U.S. Highway 22), thence over unnum­ Highway 350, thence over Ohio High- ceptions, over a deviation route as fol­ bered highway via Upper Bern and Ham­ unnumbered highway (formerly portion lows: From junction U.S. Highway 22 burg, Pa., to junction U.S. Highway 22, way 350 to Clarksville, Ohio, thence over and Pennsylvania Turnpike Extension thence over U.S. Highway 22 to Eliza­ Ohio Highway 3) to junction Ohio High­ near Allentown, Pa., over the Pennsyl­ beth, N.J., thence over U.S. Highway 1 way 3, thence over Ohio Highway 3 to vania Turnpike Extension to Yatesville, to New Haven, Conn., thence over U.S. Columbus, Ohio, thence over U J S . High­ Pa., thence over Interstate Highway 81 Highway 5 via Hartford, Conn., to way 40 to junction Ohio Highway 440, to Scranton, Pa., and return over the Springfield, Mass.,thence over U.S. High­ thence over Ohio Highway 440 via same routes for operating convenience way 20 to Boston, Mass., restriction, with Hebron and Jacksontown, Ohio, to junc­ only. The notice indicates that the car­ service to or from the termini and all tion U.S. Highway 40, thence over U.S. rier is presently authorized to transport intermediate and off-route points on the Highway 40 to Cambridge, Ohio, thence the same commodities, over pertinent above routes restricted to traffic moving over U.S. Highway 22 to junction Penn­ service routes as follows: (1) From to or from points in Ohio, and return sylvania Highway 60, thence over Penn­ Columbus, Ohio, over U.S. Highway 23 to Waldo, Ohio, thence over Ohio High­ over , the same routes. sylvania Highway 60 to Pittsburgh, Pa., No. MC 33641 (Deviation No. 14), IML thence over U.S. Highway 22 to junction way 98 to Bucyrus, Ohio, thence over U.S. Highway 30N to Mansfield, Ohio, FREIGHT, INC., Post Office Box 2277, unnumbered highway (formerly portion Salt Lake City, Utah 84110, filed De­ U.S. Highway 22), thence over unnum­ thence over unnumbered highway (for­ merly portion U.S. Highway 30), to cember 30, 1969. Carrier proposes to op­ bered highway via Export and Delmont, erate as a common carrier, by motor ve­ Pa., to junction U.S. Highway 22, junction U.S. Highway 30 at Mifflin, Ohio, thence over U.S. Highway 30 to hicle, of general commodities, with cer­ thence over U J S . Highway 22 via Harris­ tain exceptions, over a deviation route burg, Pa., to junction unnumbered high­ East Liverpool, Ohio, thence over Ohio Highway 39 to the Ohio-Pennsylvania as follows: From Columbus, Ohio, over way (formerly portion U.S. Highway 22), Interstate Highway 71 to Cleveland, thence over unnumbered highway via State line, thence over Pennsylvania Highway 68 to Rochester, Pa., thence Ohio, thence over Interstate Highway Ono and Jonestown, Pa., to junction 90 to Albany, N.Y., and return over the U.S. Highway 22, thence over U J S . High­ over Pennsylvania Highway 65 to Pitts­ burgh, Pa., thence over UJS. Highway 22 same routes, for operating convenience way 22 to junction unnumbered highway only. The notice indicates that the car­ via Upper Bern and Hamburg, Pa., to to junction unnumbered highway (for­ transport Junction U J S . Highway 22, thence over merly portion U.S. Highway 22), thence rier is presently authorized to U.S. Highway 22 to Elizabeth, N.J.; and over unnumbered highway via Export the same commodities, over pertinent (2) From Columbus, Ohio, over U.S. and Delmont, Pa., to junction U.S. High­ service (1) from Cincinnati, Ohio, over Highway 23 to Waldo, Ohio, thence over way 22, thence over U.S. Highway 22 to Highway 3 to junction Ohio Highway 350,

FEDERAL REGISTER, V O L 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 511 thence over Ohio Highway 350 to Clarks­ caster, Pa., thence over U.S. Highway 30 Highway 147 via Muncy, Pa., to North­ ville, Ohio, thence over unnumbered to Philadelphia, Pa., thence to New York, umberland, Pa., thence over U.S. High­ highway (formerly portion Ohio High­ N.Y., as specified above); and return way 11 to Scranton, Pa., thence over way 3) to junction Ohio Highway 3, over the same route. U.S. Highway 611 to Portland, Pa., thence thence over Ohio Highway 3 to Colum­ No. MC 33641 (Deviation No. 15), IML over U.S. Highway 46 to Buttzville, N.J., bus, Ohio, thence over U.S. Highway 40 to FREIGHT, INC., Post Office Box 2277, thence over New Jersey Highway 31 junction Ohio Highway 440, thence over Salt Lake City, Utah 84110, filed Decem­ (formerly New Jersey Highway 69) to Ohio Highway 440 via Hebron and Jack- ber 31, 1969. Carrier proposes to operate junction U.S. Highway 22, thence over sontown, Ohio, to junction U.S. Highway as a common carrier, by motor vehicle, U.S. Highway 22 to Elizabeth, N.J., 40, thence over U.S. Highway 40 to Cam­ of general commodities, with certain ex­ thence over U.S. Highway 1 to New bridge, Ohio, thence over U.S. Highway ceptions, over a deviation route, as fol­ Haven, Conn., thence over U.S. High­ 22 to junction Pennsylvania Highway 60, lows: Between Harrisburg, Pa., and way 5 via Hartford, Conn., to Spring- thence over Pennsylvania Highway 60 to Scranton, Pa., over Interstate Highway field, Mass., thence over U.S. Highway 20 Pittsburgh, Pa., thence over U.S. High­ 81, for operating convenience only. The to Boston, Mass.; and (3) from LewiS- way 22 to junction unnumbered highway notice indicates that the carrier is pres­ town, Pa., over U.S. Highway 522 to (formerly portion U.S. Highway 22), ently authorized to transport the same Selinsgrove, Pa., thence over U.S. High­ thence over unnumbered highway via commodities, over pertinent service way 11 to Northumberland, Pa., restric­ Export and Delmont, Pa., to junction routes as follows: (1) from Cincinnati, tion, service to and from the termini and U.S. Highway 22 via Harrisburg, Pa., to Ohio, over Ohio Highway 3 to junction all intermediate and off-route points on junction unnumbered highway (formerly Ohio Highway 350, thence over Ohio the above routes is restricted to traffic portion U.S. Highway 22), thence over Highway 350 to Clarksville, Ohio, thence moving to or from points in Ohio, and unnumbered highway via Ono and over unnumbered highway (formerly return over the same routes. Jonestown, Pa., to junction U.S. High­ portion Ohio Highway 3) to junction No. MC 33641 (Deviation No. 16), IML way 22, thence over U.S. Highway Ohio Highway 3, thence over Ohio High­ FREIGHT, INC., Post Office Box 2277, 22 to junction unnumbered highway way 3 to Columbus, Ohio, thence over Salt Lake City, Utah 84110, filed Decem­ (formerly portion U.S. Highway 22), U.S. Highway 40 to junction Ohio High­ ber 31, 1969. Carrier proposes to operate thence over unnumbered highway via way 440, thence over Ohio Highway 440 as a common carrier, by motor vehicle, Upper Bern and Hamburg, Pa., to junc­ via Hebron and Jacksontown, Ohio, to of general commodities, with certain ex­ tion U.S. Highway 22, thence over U.S. • junction U.S. Highway 40, thence over ceptions, over a deviation route as fol­ Highway 22 to Elizabeth, N.J., thence U.S. Highway 40 to Cambridge, Ohio, lows: From Oxford, Pa., over Pennsyl­ over U.S. Highway 1 to New Haven, thence over U.S. Highway 22 to junction vania Highway 10 to Morgantown, Pa., Conn., thence over U.S. Highway 5 via Pennsylvania Highway 60, thence over thence over Interstate Highway 176 to Hartford, Conn., to Springfield, Mass., Pennsylvania Highway 60 to Pittsburgh, Reading, Pa., thence over Pennsylvania thence over U.S. Highway 20 to Boston, Pa., thence over U.S. Highway 22 to Highway 61 to junction Interstate High­ Mass.; junction unnumbered highway (formerly way 81 near Frackville, Pa., thence over (2) Prom New York, N.Y., over U.S. portion U.S. Highway 22), thence over Interstate Highway 81 to Scranton, Pa., Highway 9 to Albany, N.Y., thence over unnumbered highway via Export and and return over the same route, for op­ U.S. Highway 9 to Albany, N.Y., thence Delmont, Pa., to junction U.S. Highway erating convenience only. The notice in­ over U.S. Highway 20 to Springfield, 22, thence over U.S. Highway 22 via dicates that the carrier is presently Mass., with service to and from the Harrisburg, Pa., to junction unnumbered authorized to transport the same com­ termini and intermediate and off-route highway (formerly portion U.S. High­ modities, over pertinent service routes as points on the above routes restricted to way 22), thence over unnumbered high­ follows: (1) From Cincinnati, Ohio, over traffic moving to or from points in Ohio; way via Ono and Jonestown, Pa., to Ohio Highway 3 to junction Ohio High­ (3) from Cincinnati, Ohio, to Harris­ junction U.S. Highway 22, thence over way 350, thence over Ohio Highway 350 burg, .Pa., as specified in Route (1) U.S. Highway 22 to junction unnumbered to Clarksville, Ohio, thence over unnum­ above, thence over Interstate Highway highway (formerly portion U.S. Highway bered highway (formerly portion Ohio 83 (formerly portion U.S. Highway 111), 22), thence over unnumbered highway Highway 3) to junction Ohio Highway to York, Pa., thence over unnumbered via Upper Bern and Hamburg, Pa., to 3, thence over Ohio Highway 3 to highway (formerly portion U.S. Highway junction U.S. Highway 22, thence over Columbus, Ohio, thence over U.S. 111) via Jacobus, Logansville, and U.S. Highway 22 to Elizabeth, N.J., Highway 40 to junction Ohio Highway Shrewsbury, Pa., to the Pennsylvania- thence over U.S. Highway 1 to New 440, thence over Ohio Highway 440 via Maryland State line, thence over Mary­ Haven, Conn., thence over U.S. Highway Hebron and Jacksonville, Ohio, to junc­ land Highway 45 via Hereford and 5 via Hartford, Conn., to Springfield, tion U.S. Highway 40, thence over U.S. Cockeysville, Md., to junction Interstate Mass., thence over U.S. Highway 20 to Highway 40 to Cambridge, Ohio, thence Highway 83 (formerly portion U.S. High­ Boston, Mass., over U.S. Highway 22 to junction Penn­ way 111), thence over Interstate High­ (2) From Columbus, Ohio, over U.S. sylvania Highway 60, thence over Penn­ way 83 to Baltimore, Md., thence over Highway 23 to Waldo, Ohio, thence over sylvania Highway 60 to Pittsburgh, Pa., Ohio Highway 98 to Bucyrus, Ohio, thence over U.S. Highway 22 to junction U.S. Highway 1 to junction unnumbered unnumbered highway (formerly portion highway (formerly portion U.S. High­ thence over U.S. Highway 30N to Mans­ field, Ohio, thence over unnumbered U.S. Highway 22), thence over unnum­ way l), thence over unhumbered high­ bered highway via Export and Delmont, way via Media, Pa., to Philadelphia, Pa., highway (formerly portion U.S. High­ way 30), to junction U.S. Highway 30 at Pa., to junction U.S. Highway 22, thence thence over U.S. Highway 1 to junction over U.S. Highway 22 via Harrisburg, Pa., Alternate U.S. Highway 1, thence over Mifflin, Ohio, thence over U.S. Highway 30 to East Liverpool, Ohio, thence over to junction unnumbered highway Alternate U.S. Highway 1 via Morris- (formerly portion U.S. Highway 22), ville, Pa., to junction U.S. Highway 1, Ohio Highway 39 to the Ohio-Pennsyl- vania State line, thence over Pennsyl­ thence over unnumbered highway via thence over U.S. Highway 1 to New York, Ono and Jonestown, Pa., to junction U.S. N.Y.; and (4) from Cincinnati, Ohio, to vania Highway 68 to Rochester, Pa., thence over Pennsylvania Highway 65 to Highway 22, thence over U.S. Highway Harrisburg, Pa., as specified in Route 22 to junction unnumbered highway (1) above, thence over U.S. Highway 422 Pittsburgh, Pa., thence over U.S. Highway 22 to junction unnumbered highway (formerly portion U.S. Highway 22), to Philadelphia, Pa., thence over Dela­ thence over .unnumbered highway via ware River Bridge to Camden, N.J., (formerly portion U.S. Highway 22), thence over unnumbered highway via Upper Bern and Hemburg, Pa., to junc­ thence over U.S. Highway 130 to junction tion U.S. Highway 22, thence over U.S. U.S. Highway 1, thence over U.S. High­ Export and Delmont, Pa., to junction U.S. Highway 22, thence over U.S. High­ Highway 22 to Elizabeth, N.J., thence way 11« New York, N.Y. (also from Cin­ over U.S. Highway 1 to New Haven, cinnati to Harrisburg as specified above, way 22 to Hollidaysburg, Pa., thence over tnence over U.S. Highway 230 to junction U.S. Highway 220 to junction Pennsyl­ Conn., thence over U.S. Highway 5 via unnumbered highway (formerly U.S. vania Highway^ 147 (formerly portion Hartford, Conn., to Springfield, Mass., highway 230), thence over unnumbered Pennsylvania Highway 14), at or near thence over U.S. Highway 20 to Boston, ighway via Landisville, Pa., to Lan- Halls, Pa., thence over Pennsylvania Mass.;

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 512 NOTICES

(2) Prom Cincinnati, Ohio, to Harris­ and return over the same route, for op­ man Bros., Inc., or Francis H. Leggett burg, Pa., as specified in Route Cl) above, erating convenience only. The notice in­ and-Co., a wholly owned subsidiary of thence over Interstate Highway 83 (for­ dicates that tiie carrier is presently Seeman Bros., Inc., as the shipper for merly portion U.S. Highway 111), thence authorized to transport the same com­ whom service may be performed, and over Interstate Highway 83 to York, Pa., modities, over pertinent service route as in order to substitute the warehouse site thence over unnumbered highway (for­ follows: (1) Prom Chattanooga, Tenn., of S and W Fine Foods, Inc., for that of merly portion U.S. Highway 111) via over U.S. Highway 41 to Nashville, Tenn., Seeman Bros., Inc., in the territorial Jacobus, LogansvUle, and Shrewsbury, thence over U.S. Highway 31W via Good- description contained in permit No. MC Pa., to the Pennsylvania - Maryland State lettsville, Tenn., to Sellersburg, Ind., 30209 (Sub-No. 9). An order of the Com­ line, thence over Maryland Highway 45 thence over U.S. Highway 31 to junction mission, Operation Rights Board dated via Hereford and Cockeysville, Md., to Alternate U.S. Highway 31, thence over December 12, 1969, and served Decem­ junction Interstate Highway 83 (for­ Alternate U.S. Highway 31 via Seymour, ber 29, 1969, finds that in Nos., MC 30209 merly portion U.S. Highway 111), thence Ind., to junction U.S. Highway 31, thence (Sub-Nos. 6 and 9), operation by peti­ over interstate Highway 83 to Baltimore, over U.S. Highway 31 to junction Indiana tioner, in interstate or foreign Com­ Md., thence over U.S. Highway 1 to junc­ Highway 431, at a point just south of merce, as a contract carrier by motor tion unnumbered highway (formerly Greenwood, Ind., thence over Indiana vehicle, over irregular routes: In permit portion U.S. Highway 1), thence over un­ Highway 431 to Indianapolis, Ind., thence No. MC 30209 (Sub-No. 6), as modified, numbered highway via Media, Pa., to over U.S. Highway 52 to Kentland, Ind., of such merchandise, as in dealt in by Philadelphia, Pa., thence over U.S. High­ thence over U.S. Highway 41 to Chicago, wholesale and retail grocery businesses, way 1 to junction Alternate U.S. High­ 111.; and (2) from Indianapolis, Ind., over between Carlstadt, N.J., on the one way 1, thence over Alternate U5. High­ U.S. Highway 40 to junction Ohio High­ hand, and, on the other, points in way 1 via Morrisville, Pa., to junction way 440 near Vandalia, Ohio, thence over Orange, Rockland, Westchester, Nassau, U.S. Highway 1, thence over U.S. High­ U.S. Highway 40 to Columbus, Ohio, and and Suffolk Counties, N.Y., and points in way 1 to New York, N.Y.; and (3) from return over the same routes. Northampton, Lehigh, and Berks Coun­ Columbus, Ohio, over U.S. Highway 23 By the Commission. ties, Pa. to Waldo, Ohio, thence over Ohio High­ Restriction : The operations authorized way 98 to Bucyrus, Ohio, thence over U.S. [seal] H. N eil G arson, herein are limited to a transportation Highway 30N to Mansfield,. Ohio, thence Secretary. „service to be performed under a continu­ over unnumbered highway (formerly [F.R. Doc. 70-475; Filed, Jan. 13, 1970; ing contract or contracts with S and W portion UJS. Highway 30), to junction • 8:47 am.} Fine Foods, Inc., Carlstadt, N.J. In per­ U.S. Highway 30 at Mifflin, Ohio, thence mit No. MC 30209 (Sub-No. 9), as modi­ over U.S. Highway 30 to East Liverpool, fied, of such merchandise as is dealt in Ohio, thence over Ohio Highway 39 to [Notice 5] by wholesale, retail and chain grocery the Ohio-Pennsylvania State line, thence MOTOR CARRIER APPLICATIONS AND and food business houses, from the ware­ over Pennsylvania Highway 68 to Roch­ CERTAIN OTHER PROCEEDINGS house site of S and W Fine Foods, Inc., ester, Pa., thence over Pennsylvania at Carlstadt, N.J., to Albany, N.Y., and Highway 65 to Pittsburgh, Pa,, thence J anuary 9, 1970. points in Sullivan, Ulster, Dutchess, and over U.S. Highway 22 to junction un­ The following publications are gov­ Putnam Counties, N.Y.; and returned numbered highway (formerly portion erned by the new Special Rule 247 of the shipments of the above-described com­ U.S. Highway 22), thence over unnum­ Commission’s rules of practice, pub­ modities, from Albany, N.Y., and points bered highway via Export and Delmont, lished in the F ederal R egister, issue of in Sullivan, Ulster, Dutchess, and Put­ Pa., to junction U.S. Highway 22, thence December 3, 1963, which became effec­ nam Counties, N.Y., to the warehouse over UJS. Highway 22 to Hollidaysburg, tive January 1,1964. site of S and W Fine Foods, Inc., at Pa., thence over U.S. Highway 220 to The publications hereinafter set forth Carlstadt, N.J. Restriction: The opera­ junction Pennsylvania Highway 147 (for­ reflect the scope of the applications as tions authorized herein are limited to a merly portion Pennsylvania Highway filed by applicant, and may include transportation service to be performed 14), at or near Hulls, Pa, thence over descriptions, restrictions, or limitations uniter a continuing contract with S and Pennsylvania Highway 147 via Muncy, which are not in a farm acceptable to W Fine Foods, Inc., Carlstadt, N.J., will Pa., to Northumberland, Pa., thence over the Commission. Authority which ulti­ be consistent with the public interest U.S. Highway 11 to Scranton, Pa., thence mately may be granted as a result of the and the national transportation policy; over U.S. Highway 611 to Portland, Pa., applications here noticed will not neces­ that petitioner is fit, willing and able thence over U.S. Highway 46 to Buttz- sarily reflect the phraseology set forth in properly to perform such service and to ville, N.J., thence over New Jersey High­ the application as filed, but also will conform to the requirements’ of the In­ way 31 (formerly New Jersey Highway eliminate any restrictions which are not terstate Commerce Act and the Commis­ 69) to junction U.S. Highway 22, thence acceptable to the Commission. sion’s rules and regulations thereunder. over U.S. Highway 22 to Elizabeth, N.J., No notice of the said petition was given thence over U.S. Highway 1 to New A pplications A ssigned F or O ral in as much as the petition was not pub­ H earing Haven, Conn., thence over U.S. High­ lished in the F ederal R egister, and be­ way 5 via Hartford, Conn., to Springfield, MOTOR CARRIERS OF PROPERTY cause it is possible that other parties may Mass., thence over U.S. Highway 20 to Nos. MC 30209 (Sub-No. 6) (Republi­ have an interest in and would be prej­ Boston, Mass., restriction with service to udiced by the lack of notice of the au­ or from the termini and all intermediate cation) filed April 10, 1962, published in the F ederal R egister issue of May 9, thority described in the findings in this and offroute points on the routes above order, a notice of the authority actually restricted to traffic moving to or from 1962; and MC 30209 (Sub-No. 9) filed September 11, 1962, published in the granted will be published in the F ed­ points in Ohio, and return over the same eral R egister and issuance of permits routes. F ederal R egister issues of October 24, 1962 and November 7, 1962; and Subs 6 in this proceeding will be withheld for a No. MC 59583 (Deviation No. 37), THE period of 30 days from the date of such MASON & DIXON LINES, INCORPO­ and 9 petition filed October 23, 1964, published in the F ederal R egister issue publication, during which period any RATION, Post Office Box 969, Kingsport, of November 11, 1964, and republished proper party in interest may file an ap­ Tenn. 37662, filed December 23, 1969. this issue. Applicant: JOHN O’SHEA, propriate petition for leave to intervene Carrier proposes to operate as a common INC., Foot of Birch Street, Ridgefield in this proceeding setting forth in detail carrier, by motor vehicle, of general com­ Park, N.J. Applicant’s representative: the precise manner in which it has been modities, with certain exceptions, over a Bert Collins, 140 Cedar Street, New York, so prejudiced. deviation route as follows: Prom Chi­ N.Y. 10006. By petition filed September N otice of F iling of P etition cago, 111., over U.S. Highway 41 to junc­ 1*9, 1969, application is made to amend tion U.S. Highway 30, thence over U.S. permits Nos. MC 30209 (Sub-Nos. 6 and No. MC 42240 (notice of filing of peti­ Highway 30 to Port Wayne, Ind., thence 9), in order to substitute S and W Fine tion for interpretation of property over U.S. Highway 33 to Columbus, Ohio, Foods, Inc., of Carlstadt, N.J., for See- broker license). Petitioner: MOTOR

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 513

CARRIER SERVICE BUREAU, INC., PORTATION COMPANY, 6 Penn Cen­ Ind., serving certain intermediate points; New York, N.Y. Petitioner’s representa­ ter, Philadelphia, Pa. 19103, of control general commodities, except household tive: Samuel W. Eamshaw, 833 Wash­ of such rights and property through the goods as defined by the Commission, be­ ington Building, Washington, D.C. 20005. transaction. Applicants’ attorney: Gil­ tween Toledo, Ohio, and Norwalk, Ohio, By petition dated December 19,1969, (1) bert Nurick, Post Office Box 1166, Harris­ serving all intermediate points, and all petitioner indicates that it holds broker burg, Pa. 17108. Operating rights sought off-route points located within 3 miles license No. MC-42240 which authorizes to be controlled and merged : (1) General of the described route, between Cleve­ it to engage in operations as a broker commodities, excepting, among others, land, Ohio, and Elyria, Ohio, serving all at New York, N.Y., in providing, procur­ dangerous explosives, household goods, intermediate points, between Cleveland, ing, furnishing, or arranging for the and commodities in bulk, as a common Ohio, and Buffalo, N.Y., serving all in­ transportation by motor vehicle, in inter­ carrier, over regular routes, between Nor­ termediate points, and serving all off- state or foreign commerce, over irregular folk, Va., and Old Point Comfort, Va., route points located within 5 miles of the routes, of general commodities, except serving no intermediate points, subject described routes, between Genoa, Ohio, fish and fresh vegetables, (a) between to certain conditions; and general com­ and Elyria, Ohio, serving all intermedi­ points in Alabama, Arkansas, Florida, modities, excepting, among others, house­ ate points, and all off-route points lo­ Georgia, Illinois, Indiana, Iowa, Kansas, hold goods and commodities in bulk, over cated within 4 miles of the described Kentucky, Louisiana, Maryland, Michi­ irregular routes, between points within route, with restrictions; general com­ gan, Minnesota, Mississippi, Missouri, 10 miles of Portsmouth, Va., including modities, between Wakeman, Ohio, and Montana, Nebraska, North Carolina, Portsmouth, between Norfolk and Ports­ Elyria, Ohio, serving all intermediate North Dakota, Ohio, Oklahoma, Penn­ mouth, Va., on the one hand, and, on points, between Dunkirk, N.Y., and sylvania, South Carolina, South Dakota, the other, certain specified points in Titusville, Pa., between Williamsfield, Tennessee, Texas, Virginia, West Vir­ Virginia, between points in Accomac and Ohio, and Shippenville, Pa., between ginia, Wisconsin, and the District of Northampton Counties, Va., located on Ashtabula, Ohio, and Youngstown, Ohio, Columbia, and (b) between New York, the rail routes of the Pennsylvania Rail­ between Toledo, Ohio, and Elkhart, Ind., N.Y., on the one hand, and, on the other, road, on the one hand, and, on the other, between Gary, Ind., and Osceola, Ind., points in the above-specified States, and points in Accomac and Northampton between Kankakee, HI., and South Bend, (2) petitioner requests that, upon in­ Counties, Va.; Ind., between Kankakee, HI., and Ladd, vestigation and such hearing as may be (2) General commodities, as a com­ 111., between Hammond (Gibson Trans­ found necessary, the Commission inter­ mon carrier, over regular routes, between fer), Ind., and Danville, 111., between pret the above-noted license as authoriz­ Cleveland, Ohio, and Cincinnati, Ohio, Toledo, Ohio, and Columbus, Ohio, ing it to conduct its business as a prop­ between Springfield, Ohio, and Sandusky, between Columbus, Ohio, and Crooks- erty broker not only at New York, N.Y., Ohio, between Dayton, Ohio, and Bryan, ville, Ohio, between Columbus, Ohio, and but at any point where petitioner deems Ohio, between Huntsville, Ohio, and St. Gallipolis, Ohio, serving certain inter­ there is a practical need for such opera­ Marys, Ohio, between Gallon, Ohio, and mediate and off-route points, between tion. Any interested person desiring to East St. Louis, HI., between Springfield, Norwalk, Ohio, and Wakeman, Ohio, participate in this proceeding may file Ohio, and Elkhart, Ind., between Cin­ serving no intermediate points, with an original and six copies of his written cinnati, Ohio, and Kankakee, HI., be­ restrictions; representations, views or argument, sup­ tween Cincinnati, Ohio, and Conners- General commodities, household goods porting or opposing the relief sought, ville, Ind., between McCordsville, Ind., as defined by the Commission, commodi­ within 30 days from the date of this and North Vernon, Ind., between Indian­ ties in bulk, in tank vehicles, and motor publication in the F ederal R egister. apolis, Ind., and Greensburg, Ind., be­ vehicles when transported in special tween Terre Haute, Ind., and Evansville, Applications Under Sections 5 and equipment, between Albany, N.Y., and 210a(b) Ind., between Indianapolis, Ind., and Springfield, Mass., between Springfield, Peoria, 111., between Danville, HI., and Mass., and Worcester, Mass., between The following applications are gov­ Cairo, HI., serving certain intermediate Worcester, Mass., and Boston, Mass., be­ erned by the Interstate Commerce Com­ and off-route points, between Lawrence- tween Buffalo, N.Y., and Rochester, N.Y., mission’s special rules governing notice ville, HI., and Vincennes, Ind., serving between Buffalo, N.Y., and Rochester, of filing of applications by motor cartiers no intermediate points, between East St. N.Y., between Rochester, N.Y., and Syra­ of property or passengers under sections Louis, HI., and Alton, 111., serving the in­ cuse, N.Y., between Syracuse, N.Y., and 5(a) and 210a(b) of the Interstate Com­ termediate points of Wood River and Watertown, N.Y., between, Syracuse, merce ACt and certain other proceedings East Alton, 111., between Evansville, Ind., N.Y., and Utica, N.Y., between Syracuse, with respect thereto (49 CFR 1.240). and Mount Carmel, 111., serving the in­ N.Y., and Corning, N.Y., between Com­ MOTOR CARRIERS OF PROPERTY termediate and off-route points of ing, N.Y., and Jersey Shore, Pa., between Cynthiana and Johnson, Ind., between Linden, Pa., and Clearfield, Pa., between No. MC-F-10631 (Substitution) (IN­ Mount Carmel, HI., and Oakland City, Clearfield, Pa., and Clymer, Pa., between TERSTATE TRUCK SERVICE, INC.— Ind., serving no intermediate points, with Watertown, N.Y., and Rooseveltown, Purchase (Portion)—HENNIS FREIGHT restrictions; between Phalanx, Ohio, and N.Y., between Watertown, N.Y., and LINES, INC., OF NEBRASKA) pub­ Dillonvale, Ohio, serving all intermediate function NeW York Highway 87 and U.S. lished in the October 16, 1969, issue of points, and the off-route point of Apex, II, serving all intermediate points and the F e d e r a l R e g i s t e r , on page 16581. By Ohio, between Carthage, N.Y., and New­ certain off-route points between Utica, motion filed January 5, 1970, MIDWEST ton Falls, N.Y., serving all intermediate N.Y., and Watertown, N.Y., serving all EMERY FREIGHT SYSTEM, INC. seeks points, with restrictions; between Jersey intermediate points and the off-route to be substituted as transferee- in lieu City, N.J., and Congers, N.Y., between point of McConnells ville, N.Y., between IN T E R ST A T E TRUCK SERVICE, junction U.S. Highway 46 (formerly New Utica, N.Y., and Watertown, N.Y., serv­ Jersey Highway 6) and U.S. Highway 9 ing all intermediate points and Certain No. MC-F-10701. Authority sought for and Congers, N.Y., between junction off-route points, between Utica, N.Y., and t tS T into PENNSYLVANIA TRUCK U.£>. Highway 9W and New York High­ Thendara, N.Y., serving all intermediate INES, INC., 49th Street and Parkside way 59 and West Nyack, N.Y., between points and the off-route points of Rem- Avenue, Philadelphia, Pa. 19101, of the junction unnumbered highway and U.S. sen and Forestport, N.Y., between Con­ 3Ehts and property (1) MER- Highway 46 (formerly New Jersey High­ stable, N.Y., and Tupper Lake, N.Y., c h a n t s T r u c k i n g c o m p a n y , 1234 way 6) and Little Ferry, N.Y., serving between Utica, N.Y., and Albany, N.Y., V ^ treet-Norfolk. Va. 23504, (2) NEW all intermediate points, with restrictions; between Albany, N.Y., and Poughkeepsie, CENTRAL TRANSPORT COM- over one alternate route for operating N.Y., between Poughkeepsie, N.Y., and convenience only; pvi-t j’ Street and Parkside Avenue, New York, N.Y., between Albany, N.Y., TPTT/Sphia’ Pa- 19101» and (3) PENN- General commodities, excepting, COMPANY, INC., 1241 Gibbard among others, classes A and B explosives; and Kingston, N.Y., serving all inter­ avenue, Columbus, Ohio 43219, and for household goods, and commodities in mediate points, and certain off-route acquisition by PENN CENTRAL TRANS­ bulk, between Chicago, HI., and Elkhart, points, between Albany, N.Y., and

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 514 NOTICES

Poughkeepsie, N.Y., serving all inter­ Chicago, HI., and Plymouth, Ind., be­ 06902, and for acquisition by LEONARD mediate points and the off-route points tween Terre Haute, Ind., and Decatur, H. TOSE, also of Bridgeport, Pa., and of Philmont and Copake Falls, N.Y., be­ HI., between Terre Haute, Ind., and De­ DESMOND J. McTIGHE, 11 East Airy tween Poughkeepsie, N.Y., and New catur, HI., between Logansport, Ind., Street, Norristown, Pa. 19401 (EXECU­ York, N.Y., and Effner, Ind., between Logansport, TORS OF THE ESTATE OF MTK~F Between Kingston, N.Y., and Jersey Ind., and South Bend, Ind., between TOSE), of control of such rights through City, N.J., serving all intermediate points Cambridge City, Ind., and Columbus, the purchase. Applicants’ attorneys: and certain off-route points, between Ind., between Terre Haute, Ind., and Anthony C. Vance, Suite 501, 1111 E Kingston, N.Y., and Utica, N.Y., serving Frankfort, Ind., between Indianapolis, Street NW., Washington, D.C. 20004 and all intermediate points and the off-route Ind., and Shelbyville, Ind., between In­ Desmond J. McTighe, 11 East Airy point of Hobart, N.Y., between Kingston, dianapolis, Ind., and Rushville, Ind., Street, Norristown, Pa. 19401. Operating N.Y., and Newburgh, N.Y., serving all serving intermediate and off-route rights sought to be transferred: General intermediate points and certain off-route points which are stations on the rail commodities, excepting among others, points, between Benson Mines, N.Y., and line of the Pennsylvania Railroad Co., classes A and B explosives, household Tupper Lake, N.Y., serving no inter­ with restrictions; goods and commodities in bulk, as a com­ mediate points, between Jackson, Mich., Between Anderson, Ind., and Muncie, mon carrier, over regular routes, between and Elkhart, Ind., serving all intermedi­ Ind., between Muncie, Ind., and Mat­ Hartford, Conn., and New Britain, Conn., ate points, and certain off-route points, thews, Ind., between Yorktown, Ind., and serving all intermediate points, un­ between Jackson, Mich., and Grand Matthews, Ind., serving no intermediate restricted, the off-route point of Ware­ Rapids, Mich., serving all intermediate points, with restrictions; between Fort house Point, Conn., restricted to south­ points and the off-route points of Rives Wayne, Ind., and Grand Rapids, Mich., bound traffic only, and the off-route point Junction and Byron Center, Mich., be­ serving certain intermediate points, and of Waterville, Conn., restricted to north­ tween Jackson, Mich., and Bryan, Ohio, the off-route point of Indianfield, Mich., bound traffic only, from East Hartford, between Waterloo, Ind., and Coldwater, between Kendallville, Ind., and Rome Conn., to New Haven, Conn., from New Mich., between junction U.S. Highway 27 City, Ind., between Nottawa, Mich., and Haven, Conn., to Avon, Conn., serving all and Indiana Highway 120, and junction Schoolcraft, Mich., serving no inter­ intermediate points; between New York, U.S. Highway 12 and 127, between Jack- mediate points, between Grand Rapids, N.Y., and New Haven, Conn., serving all son, Mich., and Elkhart, Ind., between Mich., and Cadillac, Mich., serving cer­ intermediate points, and the off-route Jackson, Mich., and Detroit, Mich., be­ tain intermediate points, and the off- points of Mount Vernon, and Pelham, tween Elkhart, Ind., and Middlebury, route point of Tustin, Mich., between N.Y., Old Greenwich, Glenbrook, Spring- Grand Rapids, Mich., and junction dale, New Canaan, and South Norwalk, Ind., serving all intermediate points and County highway .and U.S. Highway 131 certain off-route points, between Elk­ Conn., and points in the New York, N.Y., north of Grand Rapids, serving the in­ commercial zone, as defined by the Com­ hart, Ind., and Joliet, 111., serving all termediate point of Belmont, Mich., be­ mission in 1 M.C.C. 665, between Nor­ intermediate points and the off-route tween Cadillac, Mich., and Mackinaw walk, Conn., and Bridgeport, Conn., serv­ point of Wollow Creek, Ind., between City, Mich., serving certain intermediate ing all intermediate points, and certain Toledo, Ohio, and Monroe; Mich., be­ and off-route points, between junction off-route points, between Mamaroneck, tween Jackson, Mich., and Bay City, U.S. Highway 31 and Michigan Highway N.Y., and Port Chester, N.Y., serving all Mich., serving all intermediate points 131 north of Bay View, Mich., and Con­ intermediate points; and general com­ and certain off-route points, between way, Mich., between Cadillac, Mich., and modities, excepting among others classes Detroit, Mich., and Toledo, Ohio, serving Traverse City, Mich., serving certain in­ A and B explosives, household goods and all intermediate points and the off-route termediate points, between Walton, commodities in bulk, over irregular points of Wyandotte, and Trenton, Mich., and Traverse City, Mich., serving routes, between certain specified points Mich., between Detroit, Mich., and Mid­ no intermediate points, between Cadillac, in Connecticut, on the one hand, and, land, Mich., serving all intermediate Mich., and Falmouth, Mich., serving the on the other, certain specified points in points, and certain off-route points, be­ intermediate point of Lake City, Mich., Connecticut. Vendee is authorized to op­ tween Bay City, Mich., and Mackinaw between Cadillac, Mich., and Falmouth, erate as a common carrier in Pennsyl­ City, Mich., serving all intermediate Mich., serving no intermediate points, vania, New York, Maryland, Delaware, points and the off-route point of Glad­ between Grand Rapids, Mich., and Mus­ New Jersey, and the District of Columbia. win, Mich., with restrictions; over one kegon, Mich., serving the intermediate Application has been filed for temporary alternate route for operating con­ points of. Ravenne and Conklin, Mich,, authority under section 210a(b). venience only; and between Grand Rapids, Mich., and Mus­ No. MC-F-10706. Authority sought for (3) General commodities, excepting,kegon, Mich., between Lake City, Mich., purchase by THE SQUAW TRANSIT among others, dangerous explosives, and Mantón, Mich., serving no inter­ COMPANY, 5121 South 49th West Ave­ household goods, and commodities in mediate points, with restrictions, over nue, Post Office Box 9415, Tulsa, Okla. bulk, as a common carrier, over regular numerous alternate routes for operating 74107, of the operating rights of C. routes, between certain specified points convenience only. PENNSYLVANIA RAMPY TRUCKING CO., INC., 2462 in Indiana, serving a ll. intermediate TRUCK LINES, INC., is authorized to North Lewis Street, Post Office Box 4093, points except Waterloo, and the off-route operate as a common carrier in Pennsyl­ Tulsa, Okla. 74152, and for acquisition by points of Wallen and Moore, Ind., with vania, Indiana, Ohio, West Virginia, New COMMODORE STONE, and RALEIGH restriction; general commodities, be­ York, Maryland, New Jersey, Delaware, W. BEATTY, both also of 5121 South tween certain specified points in Indiana, Virginia, and the District of Columbia; 49th West Avenue, Tulsa, Okla., of con­ between East St. Louis, HI., and Effing­ and as a contract carrier in New Jersey, trol of such rights through the purchase. ham, HI., between Effingham, HI., and New York, Connecticut, Ohio, Pennsyl­ Applicants’ attorney: Joe G. Fender, 802 Terre Haute, Ind., between Indianapo­ vania, Delaware,' Maryland, Virginia, Houston First Savings Building, Houston, lis, Ind., and Louisville, Ky., serving West Virginia, and the District of Tex. 77002. Operating rights sought to be intermediate and off-route points which Columbia. Application has not been filéd transferred: Machinery, equipment, ma­ are stations on the rail line of the for temporary authority under section terials, and supplies used in, or in con­ Pennsylvania Railroad Co., service to 210a(b). N o te: Transferee and trans­ nection with, the discovery, development, off-route points authorized above shall ferors are motor carriers under common production, refining, manufacture, proc­ be from points on the authorized route control by PENN CENTRAL TRANS­ essing, storage, transmission, and dis­ which lies nearest, to a particular off- PORTATION COMPANY, wherever nec­ tribution of natural gas and. petroleum route point, and the only off-route points essary by prior proceedings. and their products and byproducts, and to be served, in connection with any par­ No. MC-F-10705. Authority sought for machinery, materials, equipment, ana ticular route, shall be those which are purchase by TOSE, INC., 64 West Fourth supplies used in or in connection with, stations on the most direct line of the Street, Bridgeport, Pa. 19405, of a por­ railroad between the termini on such tion of the operating rights of BOSTON the construction, operation, repair, serv­ route, with restrictions; between Logans- AND SPRINGFIELD DESPATCH, INC., icing, maintenance, and dismantling of port, Ind., and Chicago, HI., between 137 Harvard Street, Stamford, Conn. pipelines, including the stringing and

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 515

picking up thereof, as a common carrier, and B explosives, household goods as de­ in New York, from points in Greene over irregular routes, between points in fined by the Commission, commodities in County, N.Y., to certain specified points Texas, Arkansas, Kansas, Missouri, Okla­ bulk, and those requiring special equip­ to New York, from points in Rockland homa, and Tennessee, between points in ment, and liquid chemicals in bulk, be­ County, N.Y., to points in Dutchess and Alabama, Georgia, Florida, and Missis­ tween points in Union County, NJ., on Westchester Counties, N.Y., from points sippi, on the one hand, and, on the other, the one hand, and, on the other, points in Ulster County, N.Y., to certain spec­ points in Texas and Arkansas, traversing in New York within 200 miles of Newark, ified points in New York, between points Louisiana, for operating convenience N.J., between Newark, N.J., and points in in Westchester County, N.Y., from points only; and earth drilling machinery and New Jersey (except Union County) with­ in Westchester County, N.Y., to certain equipment, and machinery, equipment, in 20 miles of Newark, on the one hand, specified points in New York, with re­ materials, supplies, and pipe incidental and, on the other, points in New York striction. Vendee is authorized to operate to, used in, or in connection with within 200 miles of Newark, N.J. (except as a common carrier in New York, Penn­ (a) the transportation, installation, re­ Owego, N.Y., and points east and south sylvania, New Jersey, Maryland, South moval, operation, repair, servicing, main­ of New York Highway 7, including points, Carolina, West Virginia, and Virginia. tenance, and dismantling of drilling on the highway specified), with restric­ Application has been filed for temporary machinery and equipment; (b) the tion; between points in the New York, authority under section 210a(b). completion of holes or wells drilled; N.Y., commercial zone as defined by the No. MC-F-10709. Authority sought for (c) the production, storage, and trans­ Commission, on the one hand, and, on merger into HENNIS FREIGHT LINES mission of commodities resulting from the other, points in that part of New OF CANADA LIMITED, Post Office Box drilling operations at well or hole Jersey north of a line.from the New 612, Winston-Salem, N.C. 27102, of the sites; and (d) the injection or re­ Jersey-Pennsylvania State line at Tren­ operating rights and property of FLOR­ moval of commodities into or from holes ton, N.J., to Asbury Park, N.J., including IDA REFRIGERATED SERVICE, INC., or wells, between points in Texas, Arkan-; the points named. A-P-A TRANSPORT Post Office Box 1297, Dade City, Fla. sas, Kansas, Missouri, Oklahoma, and CORP. is authorized to operate as a com­ 33525, and for acquisition by S. H. Tennessee, between points in Alabama, mon carrier in New York, New Jersey, MITCHELL, also of Winston-Salem, Georgia, Florida, and Mississippi, on the Pennsylvania, and Connecticut. Applica­ N.C., of control of such rights and prop­ one hand, and, oh the other, points in tion has.not been filed for temporary au­ erty through the transaction. Applicants’ Texas and Arkansas. Vendee is author­ thority under section 210a(b). N o te: representative: B. M. Shirley, Jr., Post ized to operate as a common carrier in A-P-A TRANSPORT CORP., controls Office Box 612, Winston-Salem, N.C. Oklahoma, Colorado, Kansas, Nebraska, LIBERTY FAST FREIGHT CO., INC., 27102. Operating rights sought to be Illinois, Arkansas, Indiana, Kentucky, through ownership of capital stock pur­ merged: General commodities, with cer­ Louisiana, Missouri, New Mexico, Ohio, suant to authority granted in Docket No. tain specified exceptions, and numerous Texas, Michigan, Montana, and North MC-F-9563, by Division 3, acting as an other specified commodities, as a com­ Dakota. Application has been filed for Appellate Division, dated August 16, mon carrier, over irregular routes, from temporary authority under section 1968, and consummated September 11, and to specified points in the States of 210a(b). 1968. Alabama, Georgia, Florida, Arizona, Cal­ No. MC-F-10707. Authority sought for No. MC-F-10708. Authority sought for ifornia, New Mexico, North Carolina, merger into A-P-A TRANSPORT CORP., purchase by INTERSTATE DRESS Mississippi, South Carolina, Ohio, Colo­ 2110 85th Street, North Bergen, N.J. CARRIERS, INC., 247 West 35th Street, rado, Nevada, Oregon, Utah, Idaho, 07047, of the operating rights and prop­ New York, N.Y. 10001, of the operating Wyoming, Montana, Washington, Texas, erty of LIBERTY FAST FREIGHT CO., rights and property of ROSENBERG Tennessee, Kentucky, Nebraska, Kansas, INC., 2110 85th Street, North Bergen, & COHEN, INC., 511 West 36th Street, Oklahoma, Michigan, Wisconsin, Illinois, N.J. 07047, and for acquisition by A-P-A New York, N.Y. 10018, and for acquisi­ Missouri, North Dakota, Indiana, Penn­ TRUCK LEASING CO., INC., 1207 Ton- tion by DOROTHY GIDDINS, JACK sylvania, West Virginia, Virginia, Mary­ nelle Avenue, North Bergen, N.J. 07047, LIEBERMAN, and DOROTHY GID­ land, Delaware, South Dakota^ New of control of such rights and property DINS, TRUSTEE for ROBERT GID­ Jersey, New York, Vermont, New Hamp­ through the transaction. Applicants’ at­ DINS, BARRY GIDDINS, and GAIL shire, Massachusetts, Connecticut, Rhode torney: Herbert Burstein, 30 Church HAMMER, all also of 247 West 35th Island, Maine, Iowa, Minnesota, Louis­ Street, New York, N.Y. 10007. Operating Street, New York, N.Y. 10001, of control iana, and the District of Columbia,'with rights sought to be merged: General of such rights and property through the certain restrictions, as more specifically commodities, except classes A and B purchase. Applicants’ attorney. Herbert described in Docket No. MC 120543 Sub explosives, coal, coke, currency or pre­ Burstein, 30 Church Street, New York, 1 and subs thereunder. This notice does cious metals, and gem materials, dyna- N.Y. 10007. Operating rights sought to be not purport to be a complete description pite, furs, sand, gravel, crushed stone, transferred: Garments, and materials, of all of the operating rights of the car­ iron or steel articles exceeding 30 feet equipment, and machinery used in the rier involved. The foregoing summary in length, alcoholic beverages, livestock, manufacture thereof, as a common car­ is believed to be sufficient for purposes silk, raw or finished, and bulky or heavy rier, over irregular routes, from points of public notice regarding the nature and freight the dimensions of which exceed in that part of the New York, N.Y., com­ extent of this carrier’s operating rights, 7 feet to width, 6x/2 feet in height, and mercial zone as defined in Commercial without stating, in full, the entirety, %nn ™ ^en®th, or weighing in excess of Zones and Terminal Areas, 53 M.C.C. thereof. HENNIS FREIGHT LINES OF 6,000 pounds, and liquid chemicals in 451, within which local operations may be CANADA LIMITED is authorized to op­ oulk, as a common carrier, over regular conducted pursuant to the partial ex­ erate as a common carrier in the State routes, between Albany, N.Y., and New emption of section 203(b)(8) of the of Michigan. Application has not been iork, N.Y., between Albany, N.Y., and Act (the exempt zone), to certain spec­ filed for temporary authority under sec­ Amsterdam, N.Y., serving all intermedi- ified points in New York, from certain tion 210a(b). N o te: HENNIS FREIGHT aie points; general^ commodities, with specified points in New York, to points LINES OF CANADA LIMITED, controls exceptions as above, over regular and in that part of the New York, N.Y., com­ FLORIDA REFRIGERATED SERVICE, rregular routes, between New York, mercial zone as defined in Commercial INC., through ownership of capital stock • *., and certain specified points in New Zones and Terminal Areas, 53 M.C.C. pursuant to authority granted in Docket Jersey, and Fort Edward, N.Y., serving 451, within which local operations may No. MC-F-9653, by Review Board No. 5, ^intermediate points on the specified be conducted pursuant to the partial dated October 31, 1967, and consum­ eguiar route; general commodities, with exemption of section 203(b)(8) of the mated March 21,1968. 85 above, over irregular Act (the exempt zone), from points in No. MC-F-10710. Authority sought for routes, between New York, N.Y., and cer- Albany County, N.Y., to points in Ulster purchase by SUBLER TRANSFER, INC., jain specified points in New Jersey, on County, N.Y., from points in Columbia East Main Street, Versailles, Ohio 45380, one hand, and, on the other, Fort County, N.Y., to certain specified points of a portion of the operating rights of ward, N.Y.; and general commodities, in New York, from points in Dutchess JOHN F. COYNE, doing business as xcept those of unusual value, classes A County, N.Y., to certain specified points COYNE TRUCKING CO.. Scotland Lane,

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 516 NOTICES

New Castle, Pa. 16101, and for acquisi­ and commodities in bulk, as a common the State of Pennsylvania. Vendee is tion by KENNETH SUBLER, Woodland carrier over regular routes, between Blue- authorized to operate as a common car­ Drive, Versailles, Ohio, and BASIL SUB­ field, W. Va., and Honaker, Va., serving rier in North Carolina, Georgia, South LER, Park Boulevard, Versailles, Ohio, all intermediate points and the off-route Carolina, Alabama, Florida, New York, of control of such rights through the points of Raven and Richlands, Va., be­ Ohio, Massachusetts, Connecticut, West purchase. Applicants’ attorneys: Jack tween Claypool Hill, Va0 and Virginia- Virginia, Rhode Island, New Jersey, H. Blanshan, 29 South La Salle Street, Kentucky State fine, serving all inter­ Maryland, Virginia, Pennsylvania, Dela­ Chicago, III. 60603, and Marshall G. mediate points; such merchandise as is ware, and the District of Columbia. Ap­ Matheny, 306 North Mercer Street, New dealt in by retail and wholesale food plication has been filed for temporary Castle, Pa. 16101. Operating rights business houses, from Bluefield, W. Va., authority under section 210a(b). N o t e : sought to be transferred: Paper, paper- to Bristol, Tenn., and Appalachia and Docket No. MC-2253 Sub-43 is a matter board, and paper boxes, as a common Rich Creek, Va., from Bluefield over U.S. directly related. carrier, over irregular routes, from Ritt- Highway 21 to Wytheville, Va., thence mari, Ohio, to Chicago, 111.; rubber arti­ over U.S. Highway 11 to Bristol, serving MOTOR CARRIER OF PASSENGERS cles, from'Akron, Ohio, to Chicago, 111.; no intermediate points, from Bluefield No. MC-F-10704. Authority sought tinplate, metal lockers, and metal shelv­ over U.S. Highway 19 to Lebanon, Va., for purchase by MICHAUD BUS LINES, ing, from Canton, Ohio, to Chicago, 111.; thence over Virginia Highway 71 to junc­ INC., 250 Jefferson Avenue, Salem, Mass., and alkalies, from Barberton, Ohio, to tion Virginia Highway 64, thence over of the operating rights and property of Chicago, 111. Vendee is authorized to op­ Virginia Highway 64 to junction Vir­ APPLEYARD’S BUS, INC., 7 Lowell erate as a common carrier in Maryland, ginia Highway 70, thence over Virginia Street, Methuen, Mass. 01844, and for Illinois, Ohio, Wisconsin, Delaware, New Highway 70 to Norton, Va., and thence acquisition by J. ALEXANDER Jersey, Kentucky, New York, Pennsyl­ over U.S. Highway 23 to Appalachia, MICHAUD, also of Salem, Mass., of con­ vania, Indiana, West Virginia, Massa­ serving certain intermediate and off- trol of such rights an dproperty through chusetts, Connecticut, Michigan, Mis­ route points, restricted to delivery only, the purchase. Applicants’ attorneys: souri, Rhode Island, Vermont, Virginia, from Bluefield over U.S. Highway 21 to Frank Daniels, 15 Court Square, Boston, Iowa, Maine, Nebraska, New Hampshire, Princeton, Va., thence over U.S. Highway Mass. 02108 and Maxwell A. Howell, 1120 North Carolina, and the District of Co­ 219 to Rich Creek, serving no intermedi­ Investment Building, 1311 K Street NW., lumbia. Application has not been filed ate points and serving the off-route Washington, D.C. 20005. Operating rights for temporary authority under section ¡joints of Christiansburg and East Rad­ sought to be transferred: Passengers and 210aj(b). ford, Va., restricted to delivery only; their baggage, and newspapers, in the No. MC-P—10712. Authority sought for canned milk, between Galax, Va., and same vehicle with passengers, as a com­ purchase by CHEROKEE HAULING & Bluefield, Va., serving no intermediate; mon carrier over regular routes, between RIGGINS, . INC., 540 Meriott Avenue, general commodities, excepting among Lawrence, Mass., and Salisbury, Mass., Nashville, Term. 37203, of the operating others, dangerous explosives, household serving certain intermediate points, be­ rights of KenZ STEEL TRANSPORT, goods and commodities in bulk, over ir­ tween Haverhill, Mass., and Methuen, INC., Post Office Box 1384, Owensboro, regular routes, between Bluefield, W. Va., Mass., serving no intermediate points; Ky. 42301, and for acquisition by M. on the one hand, and, on the other, passengers and their baggage, and news­ BRYAN STANLEY, also of Nashville, points in Virginia; and canned goods, be­ papers, in the same vehicle with pas­ Tenn. 37203, of control of such rights tween Newport and Sevierville, Tenn., sengers, during the season extending through the purchase. Applicants’ at­ and points in Virginia. Vendee is author­ from the 1st day of May to the 1st day of torney: Fred F. Bradley, 213 St. Clair ized to operate as a common carrier in October, inclusive of each year, between Street, Frankfort, Ky. 40601. Operating West Virginia, Ohio, Kentucky, Indiana, Salisbury, Mass., and Hampton Beach, rights sought to be transferred: Iron and Missouri, and Pennsylvania. Application N.H., serving no intermediate points; steel and iron and steel articles as de­ has been filed for temporary authority passengers and their baggage, during the scribed in appendix V to the report in under section 210a(b). season extending from the 1st day of Descriptions in Motor Carrier Certifi­ No. MC-F-10714. Authority sought for May to the 1st day of October, inclusive cates, 61 M.C.C. 209, as a common car­ purchase by CAROLINA FREIGHT of each year, between Lowell, Mass., and rier, over irregular routes, from points in CARRIERS CORPORATION, Post Of­ Hampton, N.H., serving all intermediate Allegheny, Beaver, Mercer, Washington, fice Box 697, Cherryville, N.C. 28021, of points; over one alternate route for and Westmoreland Counties, Pa., and a portion of the operating rights of operating convenience only; passengers, Warren, Ohio, to points in Kentucky and EUGENE J. KANE, 101-111 East Market in special round-trip operations, over ir­ Tennessee (except from Warren, Ohio, Street, Scranton, Pa. 18509, and for ac­ regular routes, beginning and ending at to Ashland, Ky., and points in the Ash­ quisition by C. G. BEAM, also of Cherry- certain specified points in Massachusetts, land, Ky., commercial zone, as defined by ville, N.C., of control of such rights and extending to Seabrook. N.H., begin­ the Commission) with restriction. Ven­ through the purchase. Applicants’ at­ ning and ending at Haverhill and New- dee is authorized to operate as a com­ torney: James E. Wilson, 1735 K Street buryport, Mass., and extending to Ports­ mon carrier in all points in the United NW., Washintgon, D.C. 20006. Operating mouth and Exeter, N.H., beginning and States (except Alaska and Hawaii). Ap­ rights sought to be transferred: General ending at certain specified points in plication has been filed for temporary au­ commodities, excepting, among others, Massachusetts, and extending to certain thority under section 210a(b). classes A and B explosives, household specified points in New Hampshire, be­ No. MC-F-10713. Authority sought for goods and commodities in bulk, as a com­ ginning and ending at Newburyport, purchase by POINT EXPRESS, INC., mon carrier, over irregular routes, be­ Mass., and extending to Somersworth, Post Office Box 10185, Station C, Charles­ tween Scranton, Pa., and points within 8 N.H. with restriction; and passengers, in ton, W. Va. 25312, of a portion of the miles of Scranton; such commodities as special operations, beginning and ending operating rights of CLINE MUNDY, are processed, packed, or distributed by at certain specified points in Massachu­ doing business as GENERAL MOTOR meat packinghouses, and in connection setts, and extending to Merrimack, N.H., LINES, 526 Orange Avenue NE., Roa­ therewith advertising matter and sta­ with restriction. Vendee is authorized to noke, Va. 24012, and for acquisition by tionery, from Williamsport, Pa., to points operate as a common carrier in all points PAUL F. YOUNGBLOOD, Route 4, Box in Pennsylvania within 100 miles of Wil­ in the United States (including Alaska, 89, Luray, Va. 22835, and WILLIAM T. liamsport, Pa., with restrictions; and but excluding Hawaii). Application has MALE, 708 Watts Street, Charleston, W. packinghouse products, between points been filed for temporary authority under Va. 25312, of control of such rights in Pennsylvania within 100 miles of Wil­ section 210a(b). through the purchase. Applicants’ attor­ liamsport, Pa., including Williamsport, By the Commission. ney:. Jacob P. Billig, 1108 16th Street Pa., with restrictions; and a portion [ s e a l ] H. N e il G a r s o n , NW., Washington, D.C. 20036. Operating under a certificate of registration, in Secretary- rights sought to be transferred: General Docket No. MC-99567 Sub-1, covering the commodities, excepting among others, transportation of property, as a class A [F.R, Dpc. 70-476; Filed, Jan. 13, 1970; dangerous explosives, household goods carrier, in intrastate commerce, within 8:47 a.m.j

FEDERAL REGISTER, V O L 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 517

[Notice 4] sion, Bureau of Operations, 135 West 27 and Talmadge Road, Edison, N.J. Wells Street, Room 807, Milwaukee, Wis. 08817. Send protests to: Ross A. Davis, MOTOR CARRIER TEMPORARY 53203. District Supervisor, Interstate Com­ AUTHORITY APPLICATIONS No. MC 67583 (Sub-No. 14 TA), filed merce Commission, Bureau of Opera­ J anuary 8, 1970. December 22, 1969. Applicant: KANE tions, 900 U.S. Customhouse, Second and TRANSFER COMPANY, 5400 Tuxedo Chestnut Streets, Philadelphia, Pa. The following are notices of filing of 19106. applications for temporary authority Road, Tuxedo, Md. 20701. Authority sought to operate as a contract carrier, No. MC 107760 (Sub-No. 1 TA), filed under section 210a(a) of the Interstate December 22, 1969. Applicant: MO­ Commerce Act provided for under the by motor vehicle, over irregular routes, transporting: Such commodities as are HAWK TRUCKING AND SALVAGE new rules of Ex Parte No MC—67 (49 .CO., 62 Elm Street, Johnston, R.I. 02919. CFR Part 1131), published in the dealt in by retail grocery and food busi­ ness houses, and in connection therewith, Applicant’s representative: Russell B. Federal R egister, issue of April 27, Cumett, 36 Circuit Drive, Edgewood 1965, effective July 1, 1965. These rules equipment, materials, and supplies used in conduct of such business, from Station, Providence, R.1.02905. Authority provide that protests to the granting of sought to operate as a common carrier, an application must be filed with the Landover, Md., to Rockingham County, Va., for 180 days. Supporting shipper: by motor vehicle, over irregular routes, held official named in the F ederal transporting: Sodium chloride, with or Register publication, within 15 calendar The Grand Union Co., 640 Winters Ave­ nue, Paramus, N.J. 07652. Send protests without anticaking agents, in bulk, in days after the date of notice of the filing dump trucks from Providence, R.I., to of the application is published in the to: Robert D. Caldwell, District Super­ visor, Interstate Commerce Commission, points on and east of Interstate High­ Federal R egister. One copy of such pro­ Bureau of Operations, 12th and Consti­ way 91, beginning at New Haven, Conn., tests must be served on the applicant, or and extending to Springfield, Mass., in­ its authorized representative, if any, and tution Avenue NW., Room 2218 Washing­ ton, D.C. 20423. cluding Hartford, Conn., to points on the protests must certify that such serv­ and south of the Massachusetts Turn­ ice has been made. The protests must be No. MC 89523 (Sub-No. 17 TA), filed December 24, 1969. Applicant: MID­ pike, beginning at Springfield, Mass., specific as to the service which such pro- and extending to Boston, Mass., includ­ testant can and will offer, and must con­ STATES TRUCKING CO., 2517 North Grand, Enid, Okla. 73701. Applicant’s ing Boston, Mass., and points in Rhode sist of a signed original and six copies. Island, for 150 days. Supporting shipper: A copy of the application is on file, and representative: Ray F. Hayes (Same ad­ dress as above). Authority sought to The Chemical Corp., 144 Allens Avenue, can be examined at the Office of the Providence, R.I. 02903. Send protests to: Secretary, Interstate Commerce Com­ operate as a contract carrier, by motor Gerald H. Curry, District Supervisor, In­ mission, Washington, D.C., and also in vehicle, over irregular routes, transport­ ing: Sodium hydroxide solutions, and terstate Commerce Commission, Bureau field office to which protests are to be of Operations, 187 Westminster Street, transmitted. dry laundry bleaches, in containers, from Houston, Tex., to points in Oklahoma, for Providence, R.I. 02903. Motor Carriers op P roperty 180 days. Supporting shipper: The Clorox No. MC 114273 (Sub-No. 54 TA), filed Co., Earl M. Matson, Vice President, December 18, 1969. Applicant: CEDAR No. MC 1824 (Sub-No. 48 TA), filed RAPIDS STEEL TRANSPORTATION, December 24,1969. Applicant: PRESTON Traffic, 850 42d Avenue, Oakland, Calif. INC., Post Office Box 68, Cedar Rapids, TRUCKING COMPANY, INC., 151 94601. Send protests to: C. L. Phillips, District Supervisor, Interstate Commerce Iowa 52406. Applicant’s representative: Easton Boulevard, Preston, Md. 21655. Robert E. Konchar, 315 Commerce Ex­ Applicant’s representative: Frank V. Commission, Bureau of Operations,. Room 240 Old Post Office Building, 215 change Building, 2720 First Avenue NE., Klein (same address as above). Author­ Cedar Rapids, Iowa 52402. Authority ity sought to operate as a common car­ Northwest Third, Oklahoma City, Okla. sought to operate as a common carrier, rier, by motor vehicle, over irregular 73102. by motor vehicle, over irregular routes, routes, transporting: Frozen foodstuffs No. MC 100623 (Sub-No. 18 TA), filed transporting: Meats, meat por ducts, and frozen poultry, from Hummels December 19, 1969. Applicant: HOURLY meat byproducts, and articles distrib­ Wharf, Harrisburg, Steelton and York, MESSENGERS, INC., doing business as uted by meat packinghouses, as described Pa., to points in Indiana, Michigan, and H. M. PACKAGE DELIVERY SERVICE, in sections A and C of appendix I of the Ohio, for 180 days. N o te: Applicant 20th and Indiana Avenue, Philadelphia, report in Descriptions in Motor Carrier intends to tack with its existing author­ Pa. 19132. Applicant’s representative: Certificates, 61 M.C.C. 209 and 766 (ex­ ity. Supporting shipper: CPC Interna­ James W. Patterson, 123 South Broad cept hides and commodities in bulk), tional, Inc., International Plaza, Engle­ Street, Philadelphia, Pa. 19109. Authority from the plantsite and cold storage wood Cliffs, N.J. 07632 (R. V. Haugen, sought to operate as a common carrier, facilities of Wilson & Co., Inc., located Assistant, Transportation M a n a g e r , by motor vehicle, over irregular routes, at or near Monmouth, HI., to points in Motor Transportation). Send protests transporting: Toiletries, cosmetics, toilet ^Connecticut, Delaware, Maine, Mary­ to: Paul J. Lowry, District Supervisor, and cosmetic accessories, and related ad­ land, Massachusetts, New Hampshire, interstate Commerce Commission, Bu­ vertising and display materials, from the New Jersey, New York, Pensylvania, reau of Operations, 206 Old Post Office facilities of Revlon, Inc., at or near Edi­ Rhode Island, Vermont, and Washington, Building, 129 East Main Street, Salis­ son, N.J., to points in Delaware, Mary­ D.C.; restricted to traffic originating at bury, Md. 21801. land, New Jersey, Virginia, the District the plantsite and/or cold storage facili­ of Columbia; and Chester, Delaware, ties utilized by Wilson & Co., Inc., lo­ No. MC 30837 (Sub-No. 383 TA), filed Montgomery, Bucks, Berks, Philadelphia, ?wfmAbKj24, 1969* Applicant: KENO- cated at or near Monmouth, HI., and Dauphin, Lancaster, Lebanon, Lehigh, destined to the above-specified destina­ t r a n s p o r t CORPORA- Northampton, York, Schuylkill, Carbon, i 200 39th Avenue, Kenosha, Wis. tion points, for 180 days. Supporting Monroe, Luzerne, Lackawanna, Adams, shipper: Wilson & Co., Inc., Prudential p -r Applicant’s representative Albert Perry, Cumberland, and Franklin Coun­ -^rber ^same address as above) . Au- Plaza, Chicago, HI. 60601. Send protests ties, Pa., subject to the restriction that to: Chas. C. Biggers, District Super­ sought to operate as a common no service shall be rendered in the trans­ m°b°r vehicle, over irregular visor, Interstate Commerce Commission, im vi’ transporting: Camper trailers, in portation of any package or article Bureau of Operations, 332 Federal frv._™rnovements, in truckaway service, weighing more than 50 pounds or ex­ Building, Davenport, Iowa 52801. Madison, Iowa, to points in ceeding 108 inches in length and girth No. MC 119391 (Sub-No. 4 TA), filed States (except Alaska and combined and no service shall be ren­ December 22, 1969. Applicant: AJAX ^ ’ t°r 180 days. Supporting ship- dered in the transportation of packages TRANSFER COMPANY, 550 East Fifth or articles weighing in the aggregate Street South, South St. Paul, Minn. m L AWtgomery Ward, 619 West Chi- more than 250 pounds from the con­ AVenume’ chicago, HI. 60607 (R. 55075. Applicant’s representative: Sam­ Traffic Manager-Heavy Lines signor to one consignee at one location uel Rubenstein, 301 North Fifth Street, Trafflc Department) . Send pro- on any one day, for 180 days. Supporting Minneapolis, Minn. 55403. Authority hSL, Patriot Supervisor Lyle D. shipper : Revlon, Inc., Harry J. Newman, sought to operate as a contract carrier, er, Interstate Commerce Commis­ Director, Materials Management, Route by motor vehicle, over irregular routes.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 No. 9------9 518 NOTICES transporting: Meats, meat products, prior or subsequent movement by rail; mission, Bureau of Operations, 251 U.S. meat "byproducts, and articles distrib­ or (3) moving on Government bills of Post Office Building, Billings, Mont. uted by meat packinghouses, as de­ lading; and further restricted against 59101. scribed in sections A and C of ap­ tacking with any other authority held No. MC 133845 (Sub-No. 2 TA), filed pendix I to the report in Descrip­ by applicant, or interlining with any December 24, 1969. Applicant: AN­ tions in Motor Carrier Certificates, 61 other carrier, for through movements to THONY COL AN GELO, doing business as M.C.C. 209 and 766, except hides and other destination, from Rochester, N.Y., COLE TRUCKING COMPANY, 200 West liquid commodities in bulk, in tanks, to Manheim, Pa., for 150 days. Support­ 26th Street, New York, N.Y. 10015. Ap­ from South St. Paul, Minn., to points ing shippers: Nagle Ford, Inc., Rochester, plicant’s representative: Morris Honig, in Minnesota; points in Otonagon N.Y.; Universal Cartown, Inc., Rochester, 150 Broadway, New York, N.Y. Authority and Gogebic Counties, Mich., Vilas, N.Y.; B. Grabriel Motors, 32 Main Street, sought to operate as a contract carrier, Iron, Ashland, Bayfield, Douglas, Bur­ Webster, N.Y.; Midtown Auto Sales, by motor vehicle, over irregular routes, nett, Washburn, Sawyer, Price, Taylor, Rochester, N.Y.; King Auto Sales, 991 transporting: Wearing apparel, from Rush, Barron, Polk, St. Croix, Dunn, Broad Street, Rochester, N.Y.; Astman piers in the New York, N.Y., Harbor Chippewa, Clark, Wood, Eau Claire, Motors, 31 Canterbury Road, Rochester, Area and Port Newark and Port Eliza­ Fepin, Pierce, Buffalo, Jackson, Trem­ N.Y.; P & P Motors Used Cars, 160 beth, N.J., and from airports in New pealeau, La Crosse, Monroe, Juneau, Griffith Street, Rochester, N.Y. Send pro­ York, N.Y., to Carlstadt, N.J., for 180 Vernon, Crawford, Richland, Sauk Coun­ tests to: Morris H. Gross, District Super­ days. Supporting shipper: Tri Sports­ ties, Wis., and those in that part of Mara­ visor, Interstate Commerce Commission, wear, Inc., 135 West 50th Street, New thon County, Wis., on and west of Wis­ Bureau of Operations, Room 104, 301 York, N.Y. 10020. Send protests to: Paul consin Highway 97; Cass and Grand Erie Boulevard W., Syracuse, N.Y. 13202. W. Assenza, District Supervisor, Inter­ Porks Counties, N. Dak., for account of No. MC 133581 (Sub-No. 2 TA), filed state Commerce Commission, Bureau of Swift & Co., for 180 days. Supporting December 24, 1969. Applicant: HOLDT Operations, 26 Federal Plaza, New York, shipper: Swift & Co., 115 West Jackson POTATO COMPANY, INC., Route 2, Red N.Y. 10007. Boulevard, Chicago, 111. 60604. Send pro­ Cloud, Nebr. 68970. Applicant’s repre­ No. MC 134203 (Sub-No. 1 TA), filed tests to: A. N. Spath, District Supervisor, sentative: Frederick J. Coffman, Post December 24, 1969. Applicant: CHEMI­ Interstate Commerce Commission, Bu­ Office Box 806, Lincoln, Nebr. 68501. CAL STORAGE AND TRANSPORT reau of Operations, 448 Federal Building Authority sought to operate as a contract CORPORATION, Post Office Box 419, and U.S. Courthouse, 110 South Fourth carrier, by motor vehicle, over irregular 5100 Virginia Beach Boulevard, Norfolk, Street, Minneapolis, Minn. 55401. routes, transporting: Cheese, from the Va. 23501. Applicant’s representative: No. MC 126738 (Sub-No. 3 TA), filed plantsite and storage warehouse facilities R. G. Fitzgerald (same address as above). December 16, 1969. Applicant: CENTER of Oxford Cheese Co. at or near Ravenna, Authority sought to operate as a contract DISTRIBUTING COMPANY, 78th and Nebr.; and' Ord Cheese Co. at or near carrier, by motor vehicle, over irregular Serum Street, Ralston, Nebr. 68127. Ap­ Ord, Nebr., to points in New Mexico, routes, transporting: Sulphur, molten, in plicant’s representative: Clayton H. Oklahoma, Kansas, California, Arizona, bulk, in tank vehicles, from the storage Schrout, 1004 City National Bank Build­ and Missouri, for 180 days. Supporting facilities of Chemical Storage and Trans­ ing., Omaha, Nebr. 68102. Authority shipper: Don Pauly Cheese, Inc., Mani­ port Corp., Chesapeake, Va., to Tunis sought to operate as a contract carrier, towoc, Wis. Send, protests to: District (Hertford County), N.C., for 180 days. by motor vehicle, over irregular routes, Supervisor, Johnston, Bureau of Opera­ Supporting shipper: Texas Gulf Sulphur transporting: Bottled and canned bever­ tions, Interstate Commerce Commission, Co., Houston, Tex. Send protests to: Rob­ ages and sirup (except alcoholic or malt 315 Post Office Building, Lincoln, Nebr. ert W. Waldron, District Supervisor, In­ beverages) for the account of Pepsi-Cola 68508. terstate Commerce Commission, Bureau Bottling Co., from Oskaloosa, Iowa to No. MC 133599 (Sub-No. 1 TA), filed of Operations, 10-502 Federal Building, sites and plants of Pepsi-Cola Bottling December 19, 1969. Applicant: BIG Richmond, Va. 23240. Co., in Illinois, Wisconsin, Minnesota, VALLEY SUPPLY & ENTERPRISES, No. MC 134234, TA filed December 23, South Dakota, and Oklahoma and on LTD., 4150F 14th and A Streets, East :969. Applicant: GATE CITY TOWING return, carbonated beverages in con­ Calgary, Alberta, Canada. Applicant’s SERVICE, INC., Route 8, Box 141, tainers, and empty containers, pallets, representative: Earl H. Scudder, Jr., Greensboro, N.C. 27406. Applicant’s rep­ vending machines, sirups, advertising Post Office Box 2028, Lincoln, Nebr. resentative : Robert McNeely, Post Office material and equipment used in manu­ 68501. Authority sought to operate as a Box 3074, 216 West Friendly Avenue, facture and sale of carbonated beverages contract carrier, by motor vehicle, over Greensboro, N.C. 27402. Authority sought (except alcoholic or malt), from points irregular routes, transporting: Machin­ ;o operate as a common carrier, by motor in Nebraska, Iowa, Illinois, Missouri, ery and equipment and parts and acces­ vehicle, over irregular routes, transport­ Texas, Oklahoma, Kansas, South Dakota, sories thereof (except oilfield commodi­ ing: Disabled and wrecked motor re­ Minnesota, Wisconsin, and Kentucky, for ties as described in Mercer Extension-Oil ticles, at the direction of the vehicle 180 days. Supporting shipper: Mahaska Field Commodities, 74 M.C.C. 459), from jwner and lessees, from the site of dis­ Bottling Co., Oskaloosa, Iowa (Pepsi-Cola Hudson, St. Claire, and Finley, Ohio; ablement or wreck (which is exempt) Bottling Co.) . Send protests to: Keith P. Racine and Milwaukee, Wis.; Burlington md also from whatever point to which Kohrs, District Supervisor, Interstate and Cedar Rapids, Iowa; Terre Haute ¡he vehicle has been moved after the dis- Commerce Commission, Bureau of Op­ and Evansville, Ind.; Wichita and iblement or wreck (which is not ex- erations, 705 Federal Office Building, Topeka, Kans.; Rock Island and Chi­ ;mpt), to a repair facility of owners ana Omaha, Nebr. 68102. cago, 111.; Tulsa, Okla.; Oakland and essees, and to tow a replacement to No. MC 129150 (Sub-No. 3 TA), filed Los Angeles, Calif.; Minneapolis, Minn.; ¡he disabled vehicle to a point where tn December 16, 1969. Applicant: CIACCIA Lubbock, Pampa, and San Antonio, Tex.; •eplacement can pull a trailer to tn TRUCKING COMPANY, INC., 106 In­ and Renton, Wash., to ports of entry on iriginal point of destination, to or iro dustrial Street, Rochester, N.Y. 14608. the international boundary line, be­ my point in the United States east Applicant’s representative: David L. tween the United States and Canada, ¡he Mississippi River, for 180 days, sup* Henehan, 900 Midtown Tower, Roches­ restricted to export traffic destined to sorting shippers: There are appro ter, N.Y. 14604. Authority sought to op­ points in the Province of Alberta, nately 16 statements of support ai- erate as a common carrier, by motor ve­ Canada, under contract with Percival ¡ached to the application, which may hicle, over irregular routes, transporting: Machinery & Supply Co. (Calgary), Ltd., ixamined here at the Interstate Co Used automobiles, in secondary move­ and Ferguson Supply Alberta, Ltd., for nerce Commission in Washington, u- •> ments, in truckaway service, together 150 days. Supporting shippers: Ferguson >r copies thereof which may be e x a n u n with parts and accessories at the same Supply Alberta, Ltd., 4632 First Street, it the field office named below. »ena time and with the vehicle of which they SE., Calgary, Alberta, Canada; Percival jrotests to: Archie W. Andrews, District are a part and on^ which they are to be Machinery & Supply Co., Ltd., 5505 Sixth Supervisor, Interstate Commerce com- installed, restricted against the handling Street SE., Calgary, Alberta, Canada. nission, Bureau of Operations, Post; of shipments (1) for automobile manu­ Send protests to: Paul J. Labane, District facturers; (2) having an immediately Supervisor, Interstate Commerce Com­ Raleigh, N.C. 27605.

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 NOTICES 519

MOTOR CARRIER OF PASSENGERS Okla. 73102. Send protests to: John V. mission, Bureau of Operations, 918 Tyler Barry, District Supervisor, Interstate Street, Amarillo, Tex. 79101. No. MC 134130 (Sub-No. 1 TA), filed Commerce Commission, Bureau of Op­ No. MC 119531 (Sub-No. 133 TA), filed December 24, 1969. Applicant: WILLIE erations, 1100 Federal Office Building, December 24, 1969. Applicant: DIECK- HERBERT HARGIS, R.F.D. Bloxom, 911 Walnut Street, Kansas City, Mo. BRADER EXPRESS, INC., 5391 Wooster Va. 23308. Authority sought to operate as 64106. a common carrier, by motor vehicle, over Road, Cincinnati, Ohio 45226. Appli­ irregular routes, transporting: Passen­ No. MC 112822 (Sub-No. 142 TA), filed cant’s representative: Raymond C. gers, in special operations, from points December 24, 1969. Applicant: BRAY Minks (same address as above). Author­ in Northampton and Accomack Coun­ LINES INCORPORATED, Post Office ity sought to operate as a common car­ ties, Va., to Perdue Foods, Inc., Salis­ Box 1191,1401 North Little Street, Cush­ rier, by motor vehicle, over irregular bury, Md. and return, for 180 days. Sup­ ing, Okla. 74023. Applicant’s representa­ routes, transporting: Glass bottles, less porting shipper: Perdue Foods, Inc., Post tive: Joe W. Ballard (same address as than 1 gallon in capacity, from Rockdale, Office Box 1537, Salisbury, Md. 21801, above). Authority sought to operate as a 111., to Detroit, Mich., for 150 days. Sup­ Ralph C. Moore, Production Manager. common carrier, by motor vehicle, over porting shipper: Universal Glass Prod­ Send protests to: Paul J. Lowry, District irregular routes, transporting: Charcoal ucts Co., 936 Moen Avenue, Rockdale, 111. Supervisor, Interstate Commerce Com­ wood, charcoal briquets, and charcoal 60436. Send protests to: Emil P. Schwab, mission, Bureau of Operations, 206 Old pellets, from Branson, Mo., to points in District Supervisor, Interstate Commerce Post Office Building, 129 East Main Iowa, Illinois, Kansas, Nebraska, Okla­ Commission, Bureau of Operations, 1010 Street, Salisbury, Md. 21801. homa, and Wisconsin, for 180 days. Sup­ Federal Building, 550 Main Street, Cin­ porting shipper: Royal Oak Charcoal cinnati, Ohio 45202. By the Commission. Co., T. C. Clarkson, Vice President, Mar­ No. MC 107311 (Sub-No. 18 TA), filed [seal] H. N eil G arson, keting, Post Office Box 38, Memphis, December 24, 1969. Applicant: PACIFIC Secretary. Tenn. 38101. Send protests to: C. L. WESTERN TRANSPORT, INC., 909 29th Phillips, District Supervisor, Interstate Street North, Lewiston, Idaho 83501. Ap­ [F.R. Doc. 70-477; Piled, Jan. 13, 1970; Commerce Commission, Bureau of 8:47 a.m.] plicant’s representative: Donald A. Eric- Operations, Room 240, Old Post Office son, Suite 708, Old National Bank Build­ Building, 215 Northwest Third, Okla­ ing, Spokane, Wash. 99201. Authority [Notice 5] homa City, Okla. 73102. sought to operate as a common carrier, No. MC 114045 (Sub-No. 330 TA) MOTOR CARRIER TEMPORARY by motor vehicle, over irregular routes, (Correction), filed December 16, 1969, transporting: Scrap automobiles and AUTHORITY APPLICATIONS published in the F ederal R egister issue parts; and used automobile parts, from J anuary 9, 1970. of January 3, 1970, and republished as points in Idaho to points in Multnomah The following are notices of filing of corrected, this issue. Applicant: TRANS­ and Washington Counties, Oreg., and applications for temporary -authority COLD EXPRESS, INC., Post Office Box pierce, King, and, Spokane Counties, under section 210a(a) of the Interstate 5842, Dallas, Tex. 75222. Applicant’s Wash., for 180 days. Supporting shipper:’ Commerce Act provided for under the representative: J. B. Stuart (same ad­ For-Mark Inc., Post Office Box G, 566 new rules of Ex Parte No. MC-67 (49 CFR dress as above). Authority sought to op­ Mill Road, Lewiston, Idaho 83501. Send Part 1131), published in the F ederal erate as a common carrier, by motor protests to: L. C. Taylor, District Super­ Register, issue of April 27,1965, effective vehicle, over irregular routes, transport­ visor, Interstate Commerce Commission, July 1,1965. These rules provide that pro­ ing: Synthetic plastics liquid, and Bureau of Operations, 401 U.S. Post tests to the granting of an application chemicals, in vehicles equipped with me­ Office, Spokane, Wash. 99201. must be filed with the field official named chanical refrigeration (except commodi­ No. MC 133453 (Sub-No. 7 TA) (Cor­ in the F ederal R egister publication, ties in bulk, in tank vehicles), from Houston, Tex., to points in California, rection) ,* filed December 15, 1969, pub­ within 15 calendar days after the date of lished in the F ederal R egister issue of notice of the filing of the application is Connecticut, Illinois, Indiana, Massa­ January 3, 1970, and republished as cor­ published in the F ederal R egister. One chusetts, Michigan, Minnesota, Missouri, rected, this issue. Applicant: TROJAN copy of such protests must be served on New Hampshire, New Jersey, New York, TRANSPORTATION, INC., Delaware the applicant, or its authorized repre­ Ohio, Pennsylvania, and Washington, Avenue and Jackson Street, Philadel­ sentative, if any, and the protests must for 180 days. N o te: Applicant does not phia, Pa. 19105. Applicant’s representa­ certify that such service has been made. intend to tack with existing authority. tive: John H. Derby, 2122 Cross Road, The protests must be specific as to the The purpose of this republication is to Glenside, Pa. 19038. Authority sought to service which such protestant can and include the territorial scope which was operate as a contract carrier, by motor will offer, and must consist of a signed inadvertently omitted in the previous publication. Supporting shipper: The vehicle, over irregular routes, transport­ original and six copies. ing: (1) Nonalcoholic beverages, in con­ A copy of the application is on file, and Upjohn Co., Kalamazoo, Mich. 49001. tainers, from Philadelphia, Pa., to Atlan­ can be examined at the Office of the Send protests to: E. K. Willis, Jr., Dis­ Secretary, Interstate Commerce Com­ trict Supervisor, Interstate Commerce tic City, Neptune, Trenton, N.J.; New mission, Washington, D.C., and also in Commission, Bureau of Operations, 513 Castle and Wilmington, Del.; Silver neid office to which protests are to be Thomas Building, 1314 Wood Street, Spring, Md.; and Maspeth, LX, N.Y.; transmitted. Dallas, Tex. 75202. and (2) containers, materials, and sup­ plies used or useful in the manufacture Motor Carriers of P roperty No. MC 114897 (Sub-No. 86 TA), filed of beverages, from Baltimore,. Md.; December 24, 1969. Applicant: WHIT­ No. MC 109397 (Sub-No. 188 TA), filed Bridgeton, Carteret, Cliffwood, Freehold, FIELD TANK LINES, INC., 300-316 Millville, North Bergen, Salem, and ?£CAe££ er 22’ 1969- Applicant: TRI­ North Clark Road, Post Office Drawer Vineland, N.J.; to Philadelphia, Pa., for STATE MOTOR TRANSIT CO., Post 9897, El Paso, Tex. 79989. Applicant’s 180 days. N o te: The purpose of this re­ Office Box 113, Joplin, Mo. 64801. Appli- representative: J. P. Rose (same address “ I s representative: Max G. Morgan, publication is to include (2) above which as above). Authority sought to operate was inadvertently omitted in the previous oli Ler!^mger Building, Oklahoma City, as a common carrier, by motor vehicle, Kia. 73112. Authority sought to operate publication. Supporting shipper: Can­ over irregular routes, transporting: ada Dry Corp., Whitaker Avenue and c°mmon carrier, by motor, vehicle, Animal fats (tallow), in bulk, in tank * . _lrregular routes, transporting: Foulkrod Street, Philadelphia, Pa. 19124. vehicles, from Clovis, N. Mex., to feed lots Send protests to: Peter R. Guman, Dis­ wecMi nuclear materials, between the located within 10 miles of Amarillo, facility at or near Crescent, trict Supervisor, Interstate Commerce Hereford, Hale Center, Farwell, and Commission, Bureau of Operations, 900 one hand, and, on the other, Morton, Tex., for 150 days. Supporting w “ *ties of Combustion Engineering, U.S. Customhouse, Second and Chestnut _ponn*» and Babcock-Wilcox, shipper: Atlas Rendering Co., Post Office Streets, Philadelphia, Pa. 19106. JJ^pbeU bounty, Va., for 150 days. Sup- Box 1092, Clovis, N. Mex. 88101. Send No. MC 134149 (Sub-No. 1 TA) (Cor­ jj,hlpper.: Kerr-McGee Corp., protests to: Haskell E. Ballard, District rection), filed November 24, 1969, pub­ McGee Building, Oklahoma City, Supervisor, Interstate Commerce Com­ lished in the F ederal R egister issue of

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 520 NOTICES

December 6, 1969, and republished as kansas, California, Colorado, Georgia, Il­ of “between”, and to include the return corrected, this issue. Applicant: linois, Indiana, Kentucky, Louisiana, movements. Supporting shippers: Choc­ COASTAL TRUCKING COMPANY, Maryland, Mississippi, Nevada, New taw Manufacturing Co., Inc., Silas, Ala. INC., 1801 Selma Avenue, Selma, Ala. Mexico, North Carolina, Ohio, Okla­ 36919; and Coastal Industries, Inc., 36701. Applicant’s representative: Cecil homa, Pennsylvania, South Carolina, Selma, Ala. 36701. Send protests to: Clif­ C. Jackson, Jr., 519 Lauderdale Street, Tennessee, Texas, Utah, Virginia, and ford R. White, District Supervisor, Bu­ Selma, Ala. Authority sought to operate West Virginia, and return movements of reau of Operations, Interstate Commerce as a contract carrier, by motor vehicle, materials used in the manufacturing of Commission, Room 814, 2121 Building, over irregular routes, transporting: end products, for 180 days. N o te: Appli­ Birmingham, Ala. 35203. Clothing, manufactured under contract- cant states shippers’ contracts with the with the Department of Defense, U.S. Department of Defense contain an op­ By the Commission. Government, from the plantsites of tion to divert a particular shipment from [ seal] H. N eil G a r s o n , Coastal Industries, Inc., Selma, Ala., and original destination to new shipping Secretary. Choctaw Manufacturing Co., Inc., Silas, point. The purpose of this republication [F.R. Doc. 70-478; Filed, Jan. 13, 1970; Ala., to points in Alabama, Arizona, Ar­ is to reflect movement as “from” in lieu 8:47 a.m.]

CUMULATIVE LIST OF PARTS AFFECTED— JANUARY

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 January.

3 CFR Page 7 CFR— Continued Page 7 CFR— Continued Page P roclamations: 910------___ 73, 384 P roposed R ules—Continued 3454 (see Proc. 3953) ______141 912______385 1096 ______435 3458 (see Proc. 3953) __;__ .___ 141 1001______1______353 1097 ______435 3548 (see Proc. 3953)______141 1005______219 1098 ______435 3815 (see Proc. 3953)______141 1013______178 1099 ______435 -3952______41 P roposed .R u l e s: 1101 _____ — 435 3953______141 1102 ______435 201______231 1103 ______231, 435 E xecutive O rders: 910______387 May 16, 1911 (revoked in part 1104 ______435 966 ------105, 435 1106___ 435 by PLO 4756)______227 1001 ______.__ 435 11075 (see Proc. 3953)__ 141 1108______£______435 1002 ______435 1120 ______435 P residential D ocuments O ther 1003 ______.-______435 1121 ______435 T han P roclamations and Execu­ 1004 ______435 1124 ______435 tive O rders: 1005 ______435 1125 ______— 435 Determination of Dec. 30, 1006 ______435 1969______43 1126 435 1007 ______231, 435 1127 ______435 1011 ______435 5 CFR 1128 ______- 435 1012 ___ 435 1129 ______435 213 70, 219, 354, 381, 457 1013 ______435 1130 ______—— 435 316 ______413 1015 ______435 1131 ______435 330 ______— 413 1016 ______l______435 1132 ______435 332 ______414 1030 ______435 1133 ______—— 435 550______165 1032 ______435 1134 ______435 1033 ______435 1136 ______— ______435 7 CFR 1034 ______435 1137 ____ 435 1035 ______435 1138 ______435 4______3811036 ______435 26______1040 219 ______i ______435 9 CFR 53 ______i______353 1041 ______435 54 ______166 1043 ______435 76______164, 165, 220, 354, 355, 414 55 ______166 1044 ______435 78______- ...... —— 74-75 56 ______-____ 166 1046 ______435 70______166 1049 ______435 10 CFR 210______„______281 1050 ______435 P roposed R u l e s : 215______281 1060 ______fit____ 435 220______282 1061 ___ 435 225______- ______282 1062 ______435 301______:_ 382 1063 ______435 12 CFR 319______2831064 ______435 306___ _ 460 401______1661065 ______435 308__ r__ 460 722------____ 5,168 1068 ______435 328_____ 460 730______71, 353 1069 ______435 330 ___ 460 780______71 1070 ______435 331 ___ 460 812 ______-______72 1071 ______435 335____ 385 813 ______169 1073 ______435 545_____ 178 814 ______172 1075 ______435 561_____ 179 815 ------; ______174 1076 ______435 564_____ 179 850______177 1078 ______435 640 _____ 415 905______72 1079 ______435 907 ------5, 178, 283 1090 ______435 13 CFR 908 ------457 1094 ______435 121____ 355

FEDERAL REGISTER, VOL. 35, NO. 9— WEDNESDAY, JANUARY 14, 1970 FEDERAL REGISTER 521

14 CFR Page 24 CFR—Continued Page 41 CFR—Continued page 23 303 213______179, 285 14-2______289 25 303, 304 220 ______- ______77, 180, 285 14-3______226 39“ ______84, 143-145, 305-307 221 ______14-7 ______180,286 226 61-”-___— ------84 222______286 14-10______290 71____ 6, 101-103, 146, 307-310, 355, 356 231 ______287 14-18______356 73 356, 460 232 ___ 180, 287 14-30______226 75"_ 6, 146 234 ______180, 288 101-26______*______181 91______304 235 ______180, 288 101-35______81 97______- _____ — 147 236 ______180, 288 114-38.—______290 121______84, 161, 304 237 _____ . ______289 114-44______292 127______—------310 241 ______180 114-45______292, 294 135______— 161 242 ______289 114-46______295 225______- 162, 460 807______289 114-47______295, 298, 300 288______—— 103 1000'______:______180, 28a 378______163, 461 1100------180, 289 42 CFR 378a______- 163 57______182 Proposed R u l e s: 28 CFR 201______317 21______386 14------314 206______317 25______386 P roposed R u l e s: 33______386 29 CFR 78______362 37______15, 386 43__ I'______386 694____ .1______461 43 CFR 1500 ______221 65______386 P ublic Land O rders: 71______105, 106, 184, 322-324 1501 ______10 1502 ______10 1545 (revoked in part by PLO 91______324,386 4754)______226 105______386 1503 ___ 10 1606 ____ 421 1867 (revoked in part by PLO 121------324, 386 4758)___ 227 127____ 324 P roposed R u l e s: 4582 (modified by PLO 4760) _ 424 207 ______466 519______A______361 4753______317 208______1______184 4754.—______226 214------_____ 184 31 CFR 4755______226 295------184 4756—______227 90_____ 78 4757______—_____ '______227 16 CFR 9 2 „ ______79 4758—______227 93______79 13______7-10, 311, 416, 417 4759 ______227 15 ...... 341______223 ______• — 418 500____ . ______224 4760 ______424 501______...■______75 Proposed R ules: 32 CFR 45 CFR 252—______363 102 ______256 423 ______112 1 _ 46 103 ______256 424 ______326 2 _ 47 104 ______256 501____ 435 3 _ 54 105 ______256 7______62 106 ______256 17 CFR 12______66 111____ 256 210___ 15 _ 67 177_—______— 13 313 16 _ 67 270______313 220______315,465 18______69 531______— 82 18 CFR 19______69 1042______;______82, 83 157______24______70 1050______83 461 26___ _ 70 Proposed R u les: 47 CFR 250______468 32A CFR Ch. X (OIA): 357 19 CFR Reg. 1_____ 13, 163 424 Proposed R u l e s: P roposed R u l e s: 25______361 33 CfR 2— ______;______468 117—1—. . ______462 89______468 20 CFR 206______463 91______468 4 05- 208______463 93______468 76 209______79 609_____2—1” “' 223 49 CFR 21 CFR 36 CFR 191______— 317 120 __ 7______45 371______431 _____ 419 3 1 ______422 1033______45 121 ______225, 419, 462 128a __ !~~ P roposed R u l e s: 1307______183 _____ 420 P roposed R u l e s: 135c______76 7______105 Hse— 22222222 _____ 77 190______325 Proposed R u les: 38 CFR 371______106 Ch. X ____ _ 231 3______2______224, 385 362 3—______—____ _ 463 36______. ______181 50 CFR 24 CFR 5__ 28______164, 321,463, 464 ____ 284 41 CFR 32 ______228 203. 33 ______— 431 207. 77, 179, 284 5-19— 356 77, 179, 285 14-1____ 225 240______228

United States Government Organization MANUAL 1969- 70

government

Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about thé U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA. 00 *3 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.