FEDERAL REGISTER VOLUME 32 • NUMBER 16

Wednesday, January 25, 1967 • Washington, D.C. Pages 847-916 (Part II begins on page 907)

Agencies in this issue— Agriculture Department Alien Property Office Civil Aeronautics Board Consumer and Marketing Service Customs Bureau Federal Aviation Agency Federal Communications Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service Food and Drug Administration Great Lakes Pilotage Administration Immigration and Naturalization Service Interior Department Interstate Commerce Commission Labor Department Land Management Bureau National Park Service Securities and Exchange Commission Tariff Commission Detailed list of Contents appears inside.

No. 16—Pt. i- -1 Now Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

This volume contains a compilation of the “List of Sections Affected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. All sections of the CFR which have been expressly affected by documents published in the daily Federal Register are enumerated.

Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date dur­ ing the period covered.

Price $6.75

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

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

W SW D C i ^ I t T T ir O Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or |P fiM Ir d f r ^ l 1 £ 1 1 on ^he day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration (mail address National "none 63-3 Archives Building, Washington, D.O. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.O., Oh. 8B ), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved 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 e d e r a l R e g is t e r wiU be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable m advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the C o d e o f F ed e r a l R e g u l a t io n s , which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The C o d e o f F ed e r a l R e g u l a t io n s is sold by the Superintendent Documents. Prices of books and pocket supplements are listed i n the first F e d er a l R e g is t e r issue of each month. There are no restrictions on the republication of material appearing in the F e d er a l R e g is t e r or the C o d e o f F ed e r a l R egulatio Contents

AGRICULTURE DEPARTMENT FEDERAL POWER COMMISSION INTERIOR DEPARTMENT ■See also Consumer and Market­ ing Service. Rules and Regulations See also Fish and Wildlife Serv­ Independent producers and inter­ ice; Land Management Bureau; Notices state natural gas companies; National Park Service. Indiana; designation of area for certain unacceptable contracts. 865 Notices emergency loan______882 Notices Director, Mines Bureau; author- Hearings, etc.: ity delegation______882 ALIEN PROPERTY OFFICE Arkansas Louisiana Gas Co___ 866 Statements of changes in finan­ Notices Colorado Interstate Gas Co___ 886 cial interests: Hirschfeldt, Georg; intention to Depco, Inc., et al______883 Augustine, Edward T______880 return vested property______877 El Paso Natural Gas Co. and Eisele, Loran A______22 881 Shell Oil Co______887 Jones, Andrew Pat______2333 881 Gas Marketing, Inc______887 Jones, Vivan B______33 881 CIVIL AERONAUTICS BOARD Hudson, Edward R., Jr., and Kennedy, George V_____ 3 881 Notices William A. Hudson II______887 Llewellyn, Max R______33 881 IATA Traffic Conference; agree­ Kentucky West Virginia Gas Love, Carlos O______3 881 ment regarding specific com­ Co------887 Madgett, John P______2223__ 881 modity rates______882 Liming, S. G., et al______, 885 Mayott, Clarence W______881 Texas Gas Transmission Corp_ 887 Shepperd, Samuel R___ ~ 881 COMMERCE DEPARTMENT Simonds, Willard B______881 FEDERAL RESERVE SYSTEM Wade, Alexander H., Jr.______3 882 See Great Lakes Pilotage Associa­ Wilder, Wilford D______882 tion. Rules and Regulations Banks and banking; revocation of INTERSTATE COMMERCE CONSUMER AND MARKETING interpretations______854 COMMISSION SERVICE Proposed Rule Making Notices Foreign activities of national Rules and Regulations b an k s______874 Fourth section application for re- Cotton research and promotion; lief------899 Motor carrier: correction.______852 FISH AND WILDLIFE SERVICE Grapefruit grown in Lower Rio Alternate route deviation no­ Grande Valley in Texas; ship­ Notices tices ______899 ments limitation______851 Wilderness studies; hearings: Applications and certain other Oranges, Navel, grown in Arizona Cedar Keys Unit______879 proceedings (2 documents). 889, 901 and California; handling limita­ Chupadera, Indian Well, and Intrastate applications______901 tion...... 851 Little San Pascual Units____ 879 Temporary authority applica­ tions______902 Notices Copalis, Quillayute Needles, and Flattery Rocks National Wild­ Transfer proceedings______903 Orange juice, frozen concen­ life Refuges______;______879 trated; purchase program_____ 882 Island Bay Unit______879 JUSTICE DEPARTMENT Michigan Islands.______879 See Alien Property Office; Immi­ CUSTOMS BUREAU Passage Key Unit______880 gration and Naturalization Service. Rules and Regulations Pelican Island Unit______880 Three Arch Rocks and Oregon Exemption for returning resi­ Islands National Wildlife Ref­ LABOR DEPARTMENT dents; entry of replacement Rules and Regulations articles------866 uges ------880 Immigration; availability of, and FOOD AND DRUG adverse effect upon, American FEDERAL a v ia tio n a g e n c y ADMINISTRATION workers; miscellaneous amend­ Rules and Regulations Rules and Regulations ments ______867 Airworthiness directive; Grum­ man Model G-159______854 Food additives; sulfamethazine._ 866 LAND MANAGEMENT BUREAU Notices 1ER a lt i t u d e s ; miscellaneous GREAT LAKES PILOTAGE amendments ______854 Montana; area managers in cer- Proposed Rule Making ADMINISTRATION ~ tain districts; redelegation of Transition area; alteration_____ 872- Rules and Regulations authority: Dillon ______878 Pilots; suspension of certain ex­ Lewistown______877 FEDERAL communications perience requirement______871 M alta______877 Miles City______22 878 com mission HEALTH, EDUCATION, AND Rules and Regulations M issoula______2 877 WELFARE DEPARTMENT Washington; prop osed with­ Community antenna television drawal and reservation of (CATV) systems______908 See Food and Drug Administra­ tion. lands ______878 Proposed Rule Making Standard b road cas-tr service; NATIONAL PARK SERVICE IMMIGRATION AND Notices 8 8

SECURITIES AND EXCHANGE Notices TARIFF COMMISSION COMMISSION Central and South West Corp. et al.; issuance and sale of Notices Rules and Regulations n otes______888 Ceramic floor and wall tile; hear­ Brokers and dealers; interpreta­ tion and guide to net capital ing ------888 computation______856 Exchange members, brokers and dealers; records to be made TREASURY DEPARTMENT and preserved______864 See Customs Bureau.

List of CFR Parts Affected (Codification Guide)

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, 1967, and specifies how they are affected.

7 CFR 14 CFR 21 CFR 906 ______851 39______854 121...... 866 907 ______851 95______854 1205______852 P roposed R ules : 29 CFR 71------872 8 CFR 60______867 204______852 17 CFR 212 ______852 211______Ä______856 46 CFR 245______853 240 ______864 401______871 241 ______856 12 CFR 47 CFR 204_____ „______854 18 CFR 208______854 154______865 21______914 217______854 157______865 74____ 914 222______854 91______915 P roposed R ules: 19 CFR P roposed R ules: 213 ------874 1 0 „ ------,______866 73 (6 documents)______872-874 851 Rules and Regulations

necessary, in order to effectuate the de­ [Navel Orange Reg. 121, Arndt. 1] Title 7— AGRICULTURE clared policy of the act, to make this PART 907— NAVEL ORANGES Chapter IX— Consumer and Market­ regulation effective during the period hereinafter set forth so as to provide for GROWN IN ARIZONA AND DESIG­ ing Service (Marketing Agreements the continued regulation of the handling NATED PART OF CALIFORNIA and Orders; Fruits, Vegetables, of grapefruit; and compliance with this Nuts), Department of Agriculture regulation will not require any special Limitation of Handling [Grapefruit Reg. 14] preparation on the part of the persons Findings. (1) Pursuant to the mar­ subject thereto which cannot be com­ keting agreement, as amended, and PART 906-!—ORANGES AND GRAPE­ pleted by the effective time hereof. Order No. 907, as amended (7 CFR Part FRUIT G RO W N IN LOWER RIO § 906.328 Grapefruit Regulation 14. 907), regulating the handling of Navel GRANDE VALLEY IN TEXAS oranges grown in Arizona and desig­ (a) Order. (1) During the period be­nated part of California, effective under Limitation of Shipments ginning at 12:01 a.m., c.s.t., February 1, the applicable provisions of the Agricul­ 1967, and ending at 12:01 a.m., c.s.t., tural Marketing Agreement Act of 1937, Findings. (1) Pursuant to the mar­ March 1, 1967, no handler shall handle: keting agreement, as amended, and Or­ as amended (7 U.S.C. 601-674), and upon (1) Any container of grapefruit of any the basis of the recommendations and der No. 906, as amended (7 CFR Part variety, grown in the production area, 906, 31 F.R. 10461), regulating the han­ information submitted by the Navel unless such grapefruit grade U.S. Fancy; Orange Administrative Committee, es­ dling of oranges and grapefruit grown U.S. No. 1 Bright; U.S. No. 1; U.S. No. 1 in the Lower Rio Grande Valley in Texas, tablished under the said amended mar­ Bronze; U.S. Combination, with not less keting agreement and order, and upon effective under the applicable provisions than 60 percent, by count, of the grape­ of the Agricultural Marketing Agree­ other available information, it is hereby fruit in each container thereof grading found that the limitation of handling of ment Act of 1937, as amended (7 U.S.C. at least U.S. No. 1 grade; or U.S. No. 2; 601-674), and upon the basis of the rec­ such Navel oranges, as hereinafter pro­ (ii) Any grapefruit of any variety, vided, will tend to effectuate the de­ ommendation of the Texas Valley Citrus grown in the production area, which are Committee, established under the afore­ clared policy of the act. of a size smaller than 3%e inches in (2) It is hereby further found that it said marketing agreement and order, and diameter, except that not more than 10 upon other available information, it is percent, by count, of such grapefruit in is impracticable and contrary to the hereby found that the limitation of ship­ any lot of containers, and not more than public interest to give preliminary notice, ments of grapefruit, as hereinafter pro­ 15 percent, by count, of such grapefruit engage in public rule-making procedure, vided, will tend to effectuate the declared policy of the apt. in any individual container in such lot, and postpone the effective date of this may be of a size smaller than 3%e inches amendment until 30 days after publica­ (2) It is hereby further found that it isin diameter; or tion thereof in the F ederal R egister (5 impracticable and contrary to the public (iii) Any grapefruit of any variety, interest to give preliminary notice, en­ grown as aforesaid, for which inspec­ U.S.C. 553(1966)) because the time in­ gage in public rule-making procedure, tion is required unless an appropriate tervening between the date when infor­ and postpone the effective date of this inspection certificate has been issued mation upon which this amendment is regulation until 30 days after publication with respect thereto not more than 48 based became available and the time thereof in the F ederal R egister (5 U.S.C. hours prior to the time of shipment. 553 (1966)) because the time interven­ when this amendment must become ing between the date when information All grapefruit of any variety, grown as effective in order to effectuate the de­ upon which, this regulation is based be­ aforesaid, handled during the period clared policy of the act is insufficient, came available and the time when this specified in this section are subject to all and this amendment relieves restriction regulation must become effective in or­ applicable container and pack require­ on the handling of Navel oranges grown ments which are in effect pursuant to der to effectuate the declared policy of in Arizona and designated part of Cali­ the act is insufficient; a reasonable time the aforesaid marketing agreement and is permitted, under the circumstances, order during such period. fornia. for preparation for such effective time; (2) Terms used in the marketing Order, as amended. The provisions in and good cause exists for making the agreement and order shall, when used paragraph (b) (1) (iii) and (iv) of provisions hereof effective as hereinafter herein, have the same meaning as is § 907.421 (Navel Orange Regulation 121, set forth. The recommendation and given to the respective term in said mar­ 32 F.R. 407) are hereby amended to read supporting information for regulation keting agreement and order; and terms as follows; during the period specified herein were relating to grade and diameter, when promptly submitted to the Department used herein, shall have the same mean­ § 907.421 Navel Orange Regulation 121. after an open meeting of the Texas Val- ing as is given to the respective term in * * * * * ey Citrus Committee on January 17, the U.S. Standards for Grapefruit (b) Order. (1) * * * 1967; such meeting was held to consider (Texas and States other than Florida, (iii) District 3: Unlimited movement; recommendations for regulation, after California, and Arizona) (§§ 51.620- (iv) District 4: Unlimited movement. giving due notice of such meeting, and 51.685 of this title). interested persons were afforded an op­ * * * * * (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. portunity to submit theijr views at this 601-674) 601-674) meeting; the provisions of this regula­ Dated: January 20,1967. Dated: January 20, 1967. tion, including the effective time hereof, are identical with the aforesaid recom­ P aul A. Nicholson, P aul A. N icholson, Acting Director, Fruit and Vege~. mendation of the committee, and infor­ Acting Director, Fruit and Vege­ table Division, Consumer and table Division, Consumer and mation concerning such provisions and Marketing Service. Marketing Service. effective time has been disseminated [F.R. Doc. 67-867; Filed, Jan. 24, 1967; [F.R. Doc. 67-889; Filed, Jan 24, 1967; among handlers of such grapefruit; it is 8:47 a.m.] 8:49 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 852 RULES AND REGULATIONS

Chapter XI— Consumer and Market­ fer sixth-preference classification upon on training or experience, documentary ing Service (Marketing Agreements an alien shall be filed in the office of the evidence thereof, such as affidavits, must Service having jurisdiction over the place be submitted by the petitioner. Affida­ and Orders; Miscellaneous Com­ where the alien's services are to be em­ vits must be made by the alien’s present modities), Department of Agricul­ ployed.” and former employers or by other per­ ture sons familiar with the alien’s work. Each § 204.2 [Amended] such affidavit must set forth the name PART 1205— COTTON RESEARCH 2. Paragraph (/) Evidence of profes­ and address of the affiant and state how AND PROMOTION sional status or of exceptional ability in he acquired his knowledge of the alien’s Correction sciences or arts of § 204.2 Documents is qualifications, state the place where and amended in the following respects: The the dates during which the alien gained In P.R. Doc. 66-12200, appearing at last two sentences thereof are deleted and his training or experience, and must de­ page 14438 of the issue for Wednesday, the following sentences are inserted in scribe in detail the duties performed by November 9, 1966, and in F.R. Doc. 66— lieu of the existing 2d sentence thereof: the alien, any tools used, and any super­ 14059 appearing at page 16757 of the “The Service will refer Form ES-575A vision received or exercised by the alien. issue of Saturday, December 31,1966, the and supporting documents to the Bureau The district director may request the heading for Part 1205 is corrected to read of Employment Security, Department of Secretary of Labor or his designated rep­ “Cotton Research and Promotion.” Labor, for a determination with respect resentative to furnish an advisory opin­ Dated: January 20,1967. to the issuance of a certification under ion concerning the beneficiary’s qualifi­ section 212(a) (14) of the Act, unless the cations. S. C. R ademaker, alien’s occupation is included in the cat­ Director, Cotton Division, egories of employment for which the Consumer and Marketing Service. PART 212— D O C U M EN TA R Y RE­ Secretary of Labor has issued a blanket QUIREMENTS: NONIMMIGRANTS; [F.R. Doc. 67-890; Filed, Jan. 24, 1967; certification (Schedule A, 29 CFR Part 8:49 ajn.j 60) and the alien clearly comes within WAIVERS; ADMISSION OF CERTAIN the terms of such certification, or unless INADMISSIBLE ALIENS; PAROLE the alien is clearly not within the pur­ 4. Paragraph (a) of § 212.8 is amended view of section 203(a)(3). In any in­ and a new paragraph (c) is added to Title 8— ALIENS AND dividual case the Service may request read as follows: the Bureau of Employment Security to NATIONALITY furnish an advisory opinion concerning § 212.8 Certification requirement of sec­ the beneficiary’s qualifications as a mem­ tion 212(a) (14). Chapter 1—Immigration and Natu­ ber of the professions or as a person of (a) General. The certification re­ ralization Service, Department of exceptional ability in the sciences or the quirement of section 212(a) (14) of the Justice arts.” Act applies to aliens seeking admission to the United States or adjustment of status MISCELLANEOUS AMENDMENTS TO 3. Paragraph (g) of § 204.2 is amended to read as follows: under section 245 of the Act for the CHAPTER (g) Evidence required to accompany purpose of performing skilled or un­ The following amendments to Chapter petition for skilled or unskilled labor. skilled labor, and who are special immi­ I of Title 8 of the Code of Federal Regu­ Form ES-575A or Forms ES-575 A and grants as described in section 101(a) lations are hereby prescribed: B, properly executed in accordance with (27) (A) of the Act (except the parents, the instructions for completion of those spouses, or children of the United States PART 204— PETITION TO CLASSIFY forms and accompanied by the documen­ cilziens or aliens lawfully admitted to the ALIEN AS IMMEDIATE RELATIVE tary evidence specified in the instructions United States for permanent residence), OF A UNITED STATES CITIZEN OR attached to the visa petition, shall be or who are preference immigrants as AS A PREFERENCE IMMIGRANT submitted with each visa petition on described in section 203(a) (3) or (6) Form 1-140 to accord an alien classifica­ of the Act, or who are nonpreference im­ § 204.1 [Amended] tion under section 203(a) (6) of the Act. migrants as described in section 203(a) The existing 3d, 4th, and 5th sentences Form ES-575B is not required if the oc­ (8). The certification requirement shall of paragraph (d) Aliens who will per­ cupation for which the alien is qualified not be applicable to an applicant for form skilled or unskilled labor of § 204.1 and in Which he will be employed is in­ admission to the United States or to an Petition are deleted and the following cluded in the Department of Labor’s applicant for adjustment of status under sentences inserted in lieu thereof: “Be­ current Certification List or List of Oc­ section 245 who establishes that he will fore it may be accepted and considered cupations Requiring No Job Offer, not perform skilled or unskilled labor. properly filed, the petition must be ac­ contained in Schedules A and C respec­ ***** companied by Forms ES-575A executed tively, 29 CFR Part 60. A petition on be­ (c) Department of Labor certifica­ in accordance with the instructions for half of such an alien may be submitted tions in connection with visa petitions completion of that form if the beneficiary without attaching the certification by the and applications for adjustment of is qualified for and will be engaged in an Secretary of Labor issued under section status. The following shall be appli­ occupation currently listed in Schedule A 212(a) (14) of the Act, but must be ac­ cable when a labor certification is re­ or Schedule C, 29 CFR Part 60. Other­ companied by Form ES-575A before the quired with a visa petition for classi­ wise, as specified in § 204.2(g), the peti­ petition may be filed. If the occupation fication under section 203(a) (3) or (6) tion may be accepted and considered in which the alien will be employed is of the Act filed pursuant to section 204 properly filed only if it is accompanied by not included in Schedules A or C, the of the Act and Part 204 of this chapter, Forms ES-575 A and B to which the cer­ petition may be filed only if the petition­ or an application by a nonpreference tification under section 212(a) (14) of the er submits with it the certification of the alien for adjustment of status under Act has been affixed by the Secretary of Secretary of Labor issued under section section 245 of the Act and Part 245 of Labor or his designated representative. 212(a) (14) of the Act, obtained in ac­ this chapter: Nothing contained in this part shall pre­ cordance with the procedure specified in (1) Schedule A, 29 CFR Part 60. The clude an employer who desires and in­ § 212.8(c)(5) of this chapter. In addi­ Secretary of Labor has, by regulation, tends to employ an alien who is a member tion, when the qualifications of an alien issued a blanket certification under of the professions or a person with ex­ are based in whole or in part on attend­ section 212(a) (14) of the Act to aliens ceptional ability in the sciences or the ance at a school, the evidence must in­ having occupations in the categories of arts from filing a petition for sixth- clude a certified copy of his school record. employment currently listed in Sched­ preference classification; however, any The record must show the period of at­ ule A, 29 CFR Part 60. In such cases, such petition shall be subject to the re­ tendance, his major field of study, and Forms ES-575A and the documentary quirements of this paragraph and the certificates, diplomas, or degrees evidence required by the instructions § 204.2(g). Each petition seeking to con- awarded. If the alien’s eligibility is based attached to the visa petition or applica-

FEDERAL REGISTER, VOL. 32, NO. T6— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 853 tion for adjustment of status shall be the Instructions attached to the visa A, 29 CFR Part 60, for which the Secre­ submitted to the Service with such visa petition or application for adjustment of tary of Labor has issued a blanket cer­ petition or application for adjustment of status shall be submitted in support of tification under section 212(a) (14). status. Form ES-575B is not required. the visa petition or application for ad­ ***** Upon a determination by the district justment of status. Form ES-575B is 6. Subparagraphs (1) and (2) of para­ director that the evidence establishes the not required in such cases. Upon the alien’s qualifications for employment in graph (b) of f 245.2 are amended to read district director’s determination that the as follows: one of tiie categories currently listed in alien is qualified for and will be employed Schedule A, the alien will be considered in a category of employment included in § 245.2 Application. as having obtained the required labor Schedule C, the district director will refer ***** certification. Form ES-575A to the Administrator, Bu­ (b) Application by nonpreference alien (2) Members of the professions, or reau of Employment Security, U.S. De­ versons with exceptional ability in the seeking adjustment of status for purpose partment of Labor for a determination as of engaging in gainful employment—(1) sciences or the arts. Regardless of to whether an individual labor certifica­ whether the profession or the scientific Alien whose occupation is included in tion will be issued. In such cases, the Schedules A or C, 29 CFR Part 60, or or artistic field in which the alien is visa petition or application for adjust­ alleged to have exceptional ability is in­ who is a member of the professions or has ment of status may not be approved exceptional ability in the sciences or arts. cluded in the categories of employment unless and until the required certification currently listed in Schedule A, 29 CFR An applicant for adjustment of status as is issued. a nonpreference alien under section 245 Part 60, Forms ES-575A and the docu­ (5) Aliens who are not members of the mentary evidence required by the in­ of the Act must submit Forms ES-575A professions, who do not have exceptional with his application, if he is qualified for structions attached to the visa petition ability in the sciences or arts, and whose or application for adjustment of status and will be engaged in an occupation occupations are not included in Schedules currently listed in Schedule A or C, 29 must be submitted to the Service in sup­ A, B, or C, 29 CFR Part 60. When an' port of any visa petition on Form 1-140 CFR Part 60, or if he is a member of the alien will be employed in an occupation professions or has exceptional ability in to accord the alien preference classifica­ not included in the categories of employ­ tion on the basis of his profession or the sciences or the arts. The Forms ES- ment currently listed in Schedules A, B, 575A must be executed in accordance occupation, or in support of an appli­ of C, 29 CFR Part 60, and the alien is not cation for adjustment of status by a with the instructions for completion of a member of the professions or a person that form, and must be accompanied by nonpreference alien who claims to be a with exceptional ablity in the sciences or member of the professions or a person the evidence of the applicant’s qualifica­ the arts, the visa petition or application tions specified in the instructions at­ with exceptional ability in the sciences or for adjustment of status must be sup­ the arts. Form ES-575B is not required tached to the application for adjustment ported by Forms ES-575 A and B, bearing of status. The other documents speci­ in such cases. If the district director the individual certification of the Secre­ determines that the alien is qualified in fied in paragraph (a) of this section must tary of Labor or his designated repre­ also be submitted in support of the ap­ one of the categories of employment cur­ sentative and by the documentary evi­ rently listed in Schedule A, the alien will plication for adjustment of status. If dence required by the instructions at­ the applicant is clearly qualified for and be considered as having obtained the re­ tached to the visa petition or application quired certification. If the district di­ will be engaged in an occupation cur­ for adjustment of status. To apply for rently listed in Schedule C, the district rector determines that the alien is quali­ the certification, the executed Forms fied in a profession, art, or science which director will refer Form ES-575A and ES-575 A and B and required documen­ evidence of the applicant’s qualifications is not included in Schedule A, the district tary evidence must be submitted by the director will refer Form ES-575A to the to the Administrator, Bureau of Employ­ alien’s employer or prospective employer ment Security, U.S. Department of Labor Administrator, Bureau of Employment to the local office of the State Employ­ Security, U.S. Department of Labor for for determination with respect to issu­ ment Service serving the area of in­ ance of a certification. The district di­ a determination as to whether an indi­ tended employment. vidual labor certification will be issued. rector will similarly refer Form ES-575A (6) Availability of information con­ and evidence of the applicant’s qualifica­ In such cases, the visa petition or appli­ cerning Schedules A, B, and C. Infor­ cation for adjustment of status may tions when the applicant is clearly quali­ mation concerning the categories of em­ fied as a member of the professions or as not be approved unless and until the ployment listed in Schedules A, B, and required certification is issued. a person with exceptional ability in the C, 29 CFR Part 60, may be obtained from sciences or the arts, unless the appli­ (3) Schedule B, 29 CFR Part 60. The principal offices of the Service, from Secretary of Labor has by regulation, cant’s profession or occupation is in­ State Employment Service offices and cluded in the categories of employment Schedule B, 29 CFR Part 60, listed cate­ from U.S. consular offices. gories of employment for which he has currently listed in Schedule A, 29 CFR determined that he cannot now issue the Part 60, for which the Secretary of Labor labor certification required by section PART 245— ADJUSTMENT OF STATUS has issued a blanket certification under 212(a) <14) of the Act. Since the re­ TO THAT OF PERSON ADMITTED section 212(a) (14) of the Act. The dis­ quired certification cannot be obtained FOR PERMANENT RESIDENCE trict director may also request the Secre­ when the alien will be engaged in an oc­ tary of Labor or his designated represent­ cupation included in Schedule B, the 5. Paragraph (e) of § 245.1 is amendedative to furnish an advisory opinion of district director shall deny any visa pe­ to read as follows: the applicant’s occupational qualifica­ tition seeking to confer a preference § 245.1 Eligibility. tions in any specific case. classification upon the basis of the * * * * * (2) Other nonpreference aliens who Aden’s employment in such occupation. (e) Nonpreference aliens. An appli­ will engage in gainful employment. If The district director shall also deny an cant who is a nonpreference alien seek­ the applicant for adjustment as a non­ application for adjustment of status by ing adjustment of status for the purpose preference alien under section 245 of the a nonpreference alien who will be of engaging in gainful employment ha Act is not a member of a profession, is employed in such occupation. the United States, and who is not ex­ not a person with exceptional ability in (4) Schedule C, 29 CFR, Part 60. The empted under § 212.8(b) of this chapter the sciences or the arts, and is unquali­ Secretary of Labor has by regulation, from the labor certification requirement fied for a category of employment cur­ schedule C, 29 CFR Part 60, listed cate­ of section 212(a) (14) of the Act, is in­ rently listed in Schedule A or C, 29 CFR gories of employment which require in­ eligible for the benefits of section 245 of Part 60, he must submit with his appli­ dividual labor certifications, but which do the Act unless an individual labor certifi­ cation a certification of the Secretary R eq u ire a job offer from an employer, cation is issued by the Secretary of Labor of Labor issued under section 212(a) (14) n the alien’s occupation is included in or his designated representative, or un­ of the Act. The applicant’s employer or iict R o r i e s of employment currently less the applicant establishes that his prospective employer may apply for the ih eT n Schedule C, Forms ES-575A and occupation is included in the current list certification to the local State Employ­ ne documentary evidence required by of categories of employment in Schedule ment Service.

FEDERAL REGISTER, VO L 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 854 RULES AND REGULATIONS

(Sec. 103,66 Stat. 173; 8 U.S.C. 1103) added §§ 204.1(f) and 217.1(f) effective (a) Remove the bottom wing center fair­ ings, P/N’s 159W10400—121 and 159W10401- This order shall be effective on Feb­ September 1,1966 (31 F.R. 9103). 121, or use an FAA-approved equivalent ruary 1,1967. Compliance with the pro­ 5. The requirements of section 553 ofmethod to visually inspect the wing planks visions of section 553 of Title 5 of the Title 5, United States Code, with respect under these fairings for corrosion. If cor­ United States Code (P.L. 89-554, 80 Stat. to notice, public participation, and de­ rosion is found, repair in accordance with ferred effective date were not followed (b) before further flight, except that the 383) as to notice of proposed rule mak­ in connection with these actions because, airplane may be flown in accordance with ing and delayed effective date is unneces­ in the circumstances, such procedures FAR 21.197 to a base where the repair can sary in this instance because the rules would serve no useful purpose. be made. prescribed by the order pertain to agency Note: Care must be exercised when remov­ procedure and are beneficial to persons (Public Law 89-485 (80 Stat. 236) ; 12 U.S.C. ing the fairings since the attaching rivets go affected thereby. 248(1) and 461) into the pressure vessel. Use caution not to enlarge rivet holes when removing rivets. Dated: January 19,1967. Dated at Washington, D.C., this 19th When reinstalling the fairings, an adequate day of January 1967. type fastener and sealant must be used. R aymond F. F arrell, By order of the Board of Governors. (b) Repair any corroded part with an Commissioner of FAA-approved repair, or replace the corroded Immigration and Naturalization.— [seal] Merritt Sherman, part with a part of the same part number, or [F.R. Doc. 67-875; Filed, Jan. 24, 1967; Secretary. an equivalent part approved by the Chief, 8:48 a.m.] Engineering and Manufacturing Branch, FAA [F.R. Doc. 67-841; Filed, Jan. 24, 1967; Eastern Region. Inspections provided for in 8:45 a.m.j this AD must be continued even though de­ fective parts are repaired or replaced. (c) Upon request of the operator, an FAA Title 12— BANKS AND BANKING maintenance inspector, subject to prior ap­ Title 14— AERONAUTICS AND proval of the Chief, Engineering and Manu­ Chapter II— Federal Reserve System facturing Branch, FAA Eastern Region, may SUBCHAPTER A— BOARD OF GOVERNORS OF SPACE adjust the initial inspection interval and the THE FEDERAL RESERVE SYSTEM repetitive inspection interval specified in this Chapter I— Federal Aviation Agency AD to permit compliance at an established [Regs. D, H, Q, Y] inspection period of the operator, if the re­ PART 204— RESERVES OF MEMBER SUBCHAPTER C— AIRCRAFT quest contains substantiating data to justify [Docket No. 67-EA-8; Arndt. 39-344] the increase for that operator. BANKS (Grumman Service Newsletter, Volume 166, dated August-September 1966, pertains to PART 208— MEMBERSHIP OF STATE PART 39— AIRWORTHINESS DIRECTIVES this subject.) BANKING INSTITUTIONS IN FED­ This supersedes Amendment 39-324, ERAL RESERVE SYSTEM Grumman Model G—159 A.D. 66-30-6. PART 217— PAYMENT OF INTEREST Amendment 39-324 of § 39.13 of Part This amendment is effective upon pub­ ON DEPOSITS 39, Airworthiness Directive 66-30-6, re­ lication in the F ederal R egister. quires the removal of bottom wing center , (Secs. 313(a), 601, 603, Federal Aviation Act PART 222— BANK HOLDING fairings and inspection of the wing of 1958; 49 U.S.C. 1354(a), 1421, 1423) COMPANIES planks on Grumman Model G-159 air- Issued in Jamaica, N.Y., on January 18, cr8>ft Revocations of Interpretations Since the publication of A.D. 66-30-6, 1967. W ayne H endershot, la. Effective July 1, 1966, § 208.112 is there have been instances of owners and Deputy Director, Eastern Region. revoked. operators providing an acceptable equiv­ alent means of compliance. However, [F.R. Doc. 67-880; Filed, Jan. 24, 1967; b. This action results from enactment 8:48 a.m.] of Public Law 89-485, effective July 1, A.D. 66-30-6 does not contain the neces­ 1966; Section 12(b) of that Act (80 Stat. sary authority to permit representatives of the Administrator to review and ap­ 241) amended section 25 of the Federal SUBCHAPTER F— AIR TRAFFIC AND GENERAL Reserve Act (12 U.S.C. 601) to permit prove such equivalent methods which also would permit variances in the inspection OPERATING RULES certain investments by member banks in [Reg. Docket No. 7896; Amdt. 95-150] foreign banks. intervals. Thus, it is believed appro­ priate that A.D. 66-30-6 be amended to 2a. Effective July 1, 1966, §§ 222.105, permit more flexibility in compliance. PART 95— IFR ALTITUDES 222.106, 222.108, 222.110, 222.117, and This amendment provides an alterna­ Miscellaneous Amendments 222.120 are revoked. tive means of compliance and imposes no b. This action results from enactment additional burden on any person. There­ The purpose of this amendment to of Public Law 89-485, effective July 1, fore, the notice and public procedure Part 95 of the Federal Aviation Regula­ 1966. Section 9 of that Act (80 Stfit. provisions of the Administrative Pro­ tions is to make changes in the IFR al­ 240) repealed section 6 of the Bank Hold­ cedure Act are not necessary and good titudes at which all aircraft' shall oe ing Company Act of 1956 relating to bor­ cause exists for making this regulation flown over a specified route or portion rowings by bank holding companies or effective in less than 30 days. thereof. These altitudes, when used m their subsidiaries. In consideration of the foregoing, and conjunction with the current changeover 3a. Effective July 1, 1966, §§ 222.116 pursuant to the authority delegated, 14 points for the routes or portions thereof and 222.119 are revoked. CFR 11.85 (31 F.R. 13697), to me by the also assure navigational coverage tnai b. This action results from enactment Administrator, § 39.13 of Part 39 of the is adequate and free of frequency inter­ of Public Law 89-485, effective July 1, Federal Aviation Regulations is amended ference for that route or portion thereot. 1966. Section 3 of that Act (80 Stat. by adding the following new air­ As a situation exists which demands 236) amended the definition of “bank” worthiness directive : immediate action in the interest of sai®.£; I find that compliance with the notice for the purposes of the Bank Holding Grumman. Applies to Model G-159 air­ Company Act of 1956 in such a way as to planes and procedure provisions of the Admm- eliminate from its coverage banks, such Compliance required as indicated. istrative Procedure Act is impractical) e as industrial banks, that do not accept To detect and repair corrosion in the lower and that good cause exists for making deposits that the depositor has a legal skins of the wing center section, within the this amendment effective within less tna right to withdraw on demand. next 4 weeks after the effective date of this 30 days from publication. AD, unless already accomplished within the In consideration of the foregoing an 4a. Effective September 1, 1966, 22 weeks before the effective date of this §§ 204.110 and 217.138 are revoked. AD, and thereafter at intervals not to exceed pursuant to the authority delegated to b. This action results from the amend­ 26 weeks from the date of the last inspection, me by the Administrator (24 F.R. 56b¿;. ments to Part 204 and Part 217 that accomplish the following: Part 95 of the Federal Aviation Reguia-

FEDERAL REGISTER. VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 855 tions is amended, effective March 2,1967 Section 95.6008 VOR Federal airway 8 From, to, and MEA as follows: is amended to read in part: St. Augustine, INT, Fla.; Jacksonville, Fla., 1. By amending Subpart C as follows: From, to, and ME A VOR; *1,600. *1,500—MOCA. From, to and ME A Bussey INT, Iowa, via S alter; Iowa City, Section 95.6053 VOR Federal airway 53 Section 95.48 Green Federal airway 8 is Iowa, VOR via S alter; *4,000. *2,100— is amended to read in part: MOCA. amended to read in part: Banta INT, Ind.; Indianapolis, Ind., VOR; Delta Island INT, Alaska, Anchorage, Alaska, Section 95.6011 VOR Federal airway 11 *2,300. *2,000—MOCA. LFR; 2,000. is amended to read in part: Section 95.6055 VOR Federal airway 55 Section 95.49 Green Federal airway 9 is Cloverdale INT, Ind., via W alter; Indianapo­ is amended to read in part: amended to read in part: lis, Ind., VOR via W alter; *2,500. *2,300— MOCA. Junction City INT, Wis.; Eau Claire, Wis., ♦Spurr INT, Alaska, Delta Island INT, Alaska; VOR; *3,000. *2,6 0 0—MOCA. MAA— 6,000. *8,500—MCA Spurr INT, west­ Section 95.6013 VOR Federal airway 13 14,000. bound. is amended to read in part: Grantsburg, Wis., VOR; Brainerd, Minn., Delta Island INT, Alaska, Anchorage, Alaska, VOR; *3,000. *2,600—MOCA. LFR; 2,000. •Chester INT, Ark., West Fork DME Fix, Ark.; **3,500. *4,500—MRA. **3,000—MOCA. Brainerd, Minn., VOR; Park Rapids, Minn., Section 95.103 Red Federal airway 103 West Fork DME Fix, Ark., Fayetteville, Ark., VOR; *3,000. *2,800—MOCA. is amended to read in part: VOR; *3,000. *2,700—MOCA. Daisetta, Tex., VOR via E alter; Lufkin, Section 95.6067 VOR Federal airway 67 Anchorage, Alaska, LFR; Delta Island INT, Tex., VOR via E alter; *2,000. *1,600— is amended to read in part: Alaska; 2,000. MOCA. Mason City, Iowa, VOR; Rochester, Minn., Section 95.1001 Direct routes—United Section 95.6015 VOR Federal airway 15 VOR; *3,000. *2,600—MOCA. States is amended to read in part: Austin INT, Minn., via W alter; Rochester, is amended to read in part: Minn., VOR via W alter; *3,000. *2,700— Greenhead INT, Fla., Dothan, Ala., VOR; Sioux FaUs, S.Dak., VOR; Huron S. Dak., MOCA. *1,900. *1,600—MOCA. VOR; *3,500. *3,100—MOCA. •Chason INT, Fla., Tallahassee, Fla., VOR; Canova DME Fix, S. Dak., via W alter; Huron, Section 95.6072 VOR Federal airway 72 **2,500. *3,000—MRA. **1,600—MOCA. S. Dak., VOR via Walter; *3,000. *2,500— is amended to read in part: Panama City, Fla., VOR; Greenhead INT, Fla.; MOCA. *1,600. *1,500—MOCA. Bradford, Pa., VOR; Elkland INT, Pa; 4,500. Section 95.6017 VOR Federal airway 17 Elkland INT, Pa.; Elmira, N.Y., VOR; 4,000. Section 95.1001 Direct routes—United is amended to read in part: States is amended by adding: Section 95.6082 VOR Federal airway 82 San Antonio, Tex., VOR; Mission INT, Tex.; is amended to read in part: Dothan, Ala., VOR; Albany, Ga., VOR; 2,500. *3,000. *2,600—MOCA. Kremmling, Colo., VORTAC; Conifer INT, Thief River Falls, Minn., VOR via N alter; Colo.; *18,000. *15,600—MOCA. MAA— Section 95.6024 VOR Federal airway 24 Bemidji, Minn., VOR via N alter; *3,000. 37,000. is amended to read in part: *2,600—MOCA. Greenhead INT, Fla., Marianna Fla., VOR; Brainerd, Minn., VOR; Minneapolis, Minn., 1,500. (MAI 237/PFN 009) Hope INT, Minn., Caledonia INT, Minn., VOR; *3,000. *2,500—MOCA. *Chason INT, Fla., Marianna, Fla., VOR; *3,000. *2,500—MOCA. Rochester, Minn., VOR; Nodine, Minn., VOR; **2,000. *3,000—MRA. **1,300—MOCA. Rochester, Minn., VOR via S alter; Waukon, *3,000. *2,600—MOCA. Iowa, VOR via S alter *3,000. *2,500— Nodine, Minn., VOR; Dells, Wis., VOR; *3,000. Section 95.6002 VOR Federal airway 2 MOCA. *2,600—MOCA. is amended to read in part: Section 95.6026 VOR Federal airway 26 Section 95.6095 VOR Federal airway 95 Alexandria, Minn., VOR; Minneapolis, Minn., is amended to read in part: is amended to read in part: VOR; *3,000. *2,600—MOCA. •Cadott INT, Wis., Edgar INT, Wis.; **3,000. •Ranch INT, Ariz., via W alter; * »Winslow, Nodine, Minn., VOR; Lone Rock, Wis., VOR; *3,500—MRA. **2,400—MOCA. MAA— *3,000. *2,800—MOCA, Ariz., VOR via W alter; ***14,000. 14,000. *14,000—MCA Ranch INT, northeast- bodge INT WIS., via N alter; Nodine, Wis., »Wausen, Wis., VOR; Wittenberg INT, Wis.; VOR via N alter; *3,000. *2,800—MOCA. bound. **.9,500—MCA Winslow VOR, * *3,000. *3,500—MCA Wausau VOR, west­ south westbound. * * * 10,100—MOCA. Section 95.6003 VOR Federal airway 3 bound. * *2,500—MOCA. is amended to read in part: Section 95.6097 VOR Federal airway 97 Section 95.6032 VOR Federal airway 32 is amended to read in part: Smyrna INT, Fla., Daytona Beach, Fla., VOR; is amended to read in part: *2,000. *1,400—MOCA. Battle Mountain, Nev., VOR; *Elko, Nev., Lone Rock, Wis., VOR; Nodine, Minn., VOR; Daytona Beach. Fla., VOR; *Bunnel INT, VOR; **10,000. *10,800—MCA Elko VOR, *3,000. *2,800—MOCA. ^a.; **1,800. *3,000—MRA. **1,300— MOCA. eastbound. **9,400—MOCA. Elko, Nev., VOR; Shafter INT, Nev.; 13,000. Section 95.6100 VOR Federal airway St. Augustine INT, Fla., Jacksonville, Fla., 100 is amended to read in part: VOR; *1,600. *1,500—MOCA. Shatter INT, Nev., Bonneville, Utah, VOR; eastbound 11,000, westbound 13,000. Sioux City, Iowa, VOR; Fort Dodge, Iowa, Section 95.6004 VOjß Federal airway 4 ♦Salt Lake City, Utah, VOR; Fort Bridger, VOR; *3,000. *2,800—MOCA. is amended to read in part: Wyo., VOR; 12,000. *10,400—MCA Salt Lake City VOR, northeastbound. Port Angeles, Wash., VOR; * Jamestown INT, Section 95.6122 VOR Federal airway Wash., westbound 3,600; eastbound 4,100. Section 95.6042 VOR Federal airway 42 122 is amended to delete: MCA 7,000 westbound for aircraft arriv­ is amended to read in part: ing Jamestown INT, southeastbound via Talent DME Fix, Oreg.; Klamath Junction V-440. Plains INT, Mich.; Troy INT, Mich.; 2,700. INT, Oreg.; *10,500. *9,500—MOCA. Troy INT, Mich.; United States-Canadian Klamath Junction INT, Oreg.; Pinehurst Section 95.6005 VOR Federal airway 5 border; 2,800. INT, Oreg.; *10,000. *9,500—MOCA. « amended to read in part: Pinehurst INT, Oreg.; Klamath Falls, Oreg., Section 95.6045 VOR Federal airway 45 VOR; 9,000. Tarboro INT, Ga., via E alter; »Dixie INT, is amended to read in part: «a. via e alter; **3 ooo. *3,000—MRA. Section 95.6122 VOR Federal airway **1,400—MOCA. Saginaw, Mich., VOR via W alter; Alpena, 122 is amended by adding: ixie INT, Ga., via E alter; «Baxley INT, Ga., Mich, VOR via W alter; *3,500. *2,300— ™ E alter; **6,000. *3,000—MRA. MOCA. Medford, Oreg., VOR; Lakecreek DME Fix, Baxley INT, southbound. Oreg.; eastbound 9,000; westbound 5,800. **1,400—M O C A . Section 95.6051 VOR Federal airway 51 Lakecreek DME Fix, Oreg.; Klamath Falls, is amended to read in part: Oreg., VOR; *9,000. *8,500—MOCA. Section 95.6006 VOR Federal ain is amended to read in part: Smyrna INT, Fla., Daytona Beach, Fla., VOR; *2,000. *1,400—MOCA. Section 95.6129 VOR Federal airway Bussey INT, Iowa, via S alter; Iowa Daytona Beach, Fla., VOR; «Bunnell INT, 129 is amended to read in part: MOCAV°R Vla S alter; *4>000- *2, Fla.; **1,800. *3,000—MRA. **1,300— Caledonia INT, Minn.; Nodine, Minn., VOR; MOCA. *3,000. *2,400—MOCA.

No. 16—Pt. I---- 2 FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 856 RULES AND REGULATIONS

Section 95.6131 VOR Federal airway From, to, and MEA Issued in Washington, D;C., on Janu­ 131 is amended to read in part:. Lofall INI’, Wash.; »Jamestown INT, Wash.;; ary 16,1967. James F. R udolph,, From, to, and MEA 4,100. »MCA 7,000 westbound, for aircraft arriving Jamestown INT, southeastbound Acting Director, Tulsa, Okla., VOR; Delaware INT, Kans.; via V—440. Flight Standards Service. *2,700. *2,200—MOCA. Jamestown INT, Wash., Port Angeles, Wash., [F.R . Doc. 07-775; Filed, Jan, 24, 1967; Delaware INT, Kans.; Tyro INT, Kans.; VOR; westbound 3,600; eastbound 4,100. 8:45 am.] *2,700. *2,400—MOCA. Tyro INT, Kans.; Chanute, Kans., VOR; Section 95.6289 VOR Federal airway *2,800. *2,400—MOCA. 289 is amended to read impart: Section 95.6146 VOR Federal airway Kountze INT, Tex.; Lufkin, Tex., VOR; *2,200; Title 17— COMMODITY AND 146 is amended to read impart;. *1,600—MOCA. Providence, H I,, VOR; Coastal INT, Mass.; Section 95.6295 VOR Federal airway SECURITIES EXCHANGES 2,000. 295 is amended to read in part; Chapter II— Securities and Exchange Section 95.6152 VOR Federal airway Bailey INT, Fla.; Orlando, Fla., VOR; *2,000. Commission, 152 is amended to read in part; *1,400—MOCA [Release 34-8024, AS-107] Smyrna INT, Fla., via S alter; Daytona Beach, Section 95.6431 VOR Federal airway: Fla., VOR, via* S. alter;, *2.000., *1,400— 431 is amended to read in part? PART 21T— I NT E R P R*ET ATI VE RE­ LEASES RELATING ACCOUNT­ MOCA. Revere INT; Mass.; Acton INT, Mass.; *2,000. TO Section 95.6161 VQR Federal airway *1,800—MOCA. ING MATTERS (ACCOUNTING 161 is amended to read in part: Acton INT, Mass.; Hollis INT, Mass.;* *2,000. SERIES RELEASES) *1,600—MOCA. Newton, Iowa, VOR; Dunbar INT, Iowa; PART 241— IN T ER P R ET A T IV E RE­ *2,800. *2,200’—MOCA. Section 95.6437 VOR Federal airway LEASES RELATING TO SECURITIES Dunbar INT, Iowa, *Reinbeck INT, Iowa, 437 is amended to read in part : EXCHANGE ACT OF 1934 AND **2,800.. *2,700—MRA. **2,400—MOCA. •Marion INT; Fla.; **Starfish INT, Ga.; New Hampton INT, Iowa; Rochester, Minn., ***7,500. *3,500—MRA. **3,000—MRA. GENERAL RULES AND REGULA­ VOR; *3,000. *2,700—MOCA. * **1,000—MOCA. TIONS THEREUNDER Minneapolis, Minn.,, VQR; Brainerd, Minn., VOR; *3,000. *2,500—MOCA. Section 95.6438 VOR Federal airway Interpretation anef Guide to Net Capi­ Section 95.61-65 VOR Federal airway 438 is amended to read in part: tal Computation for Brokers and 165 is amended to read in part; Anchorage,. Alaska, VQR; *Big. Lake, Alaska, Dealers VOR; #2,000; *4,700—MCA Big Lake VOR, San Diego, Calif., VOR; Sargo IN.T,, Calif.; northbound. The Securities and Exchange Com­ 3,000. Big- Lake, Alaska, VOR; *CantweE INT, Alas­ mission released the following staff in­ ♦Valley INT, Calif.; Lang INT, Calif.;, 6,500. ka; * *#10,000. . * 12,000—MRA * *8,700— terpretation of, and guide to computa­ *5,600—MCA Valley INT, northbound. MOCA. tions under, its. “net capital” Rule 15c3-l. Section 95.6170 VOR Federal airway Cantwell INT, Alaska; Liberty INT, Alaska; (17 CPR 240.15c3-l) under the. Securi­ 170 is amended to read in part:. *#10,000. *8,700—MOCA. #MEA is es­ ties Exchange Act of 1934* (the “Act!’) .1 tablished with a gap in Navigation signal This material, which was prepared Nodine, Minn,, VOR; DellB, Wis„ VOR; *3,000. coverage. jointly by the Commission’s Division of *2,000—MOCA. Kodiak, Alaska, VOR; Dark Island INT, Alaska;. 4,000. Trading and Markets (the “Division”) Section 95.6171 VOR Federal airway Dark Island INT;, Alaska; Homer; Alaska, and Office of Chief Accountant, is in­ 171 is amended to read in part: VOR; 6,000. tended: to assist brokers and: dealers in Thrift. Rock, Wis.,. VOR; Nodine,. Minn., VOR; Kodiak, Alaska, VOR; yia W alter; Int, 385* complying with Rule 15c3-l (17 CFR *3,000. *2,800—MOCA. M rad, Kodiak VOR. and a beam from 240.15C3-1). Nodine; Minn, VOR; Elba INT, Minn; Shuyak LF/RBN via W alter; 4,000. This release is divided into two’parts. *3,000. *2,800—MOCA. Int, 335* M rad, Kodiak VOR and a beam Part I explains the operation of Rule Eden Valley INT, Minn.; Alexandria, Minn, from Shuyak,LF/RBN via.Walter; *Homer, 15c3-I (17 CFR 240.15c3-I), including VOR; *3,000. *2,900—MOCA. Alaska; VOR via W alter; 6,000, *3,000— the exemptions therefrom» and! discusses Bemidji, Minn., VOR; Baudette, Minn, VOR; MCA Homer VOR, southeastbound. the application of the rule with respect *3,000. *2,700—MOCA. Section 95.6440 VOR Federal airway to questions, frequently presented to the Section 95.6210 VOR Federal airway 440 is. amended to read in part : Division for interpretation. Part II of 210 is amended to read in part: United States-Canadian border; Lofall INT, this release consists of an example of Cloverdale INT,. Indi; via S alter; Indianap­ Wash.; 4,100. the computation of “net capital” pursu­ olis, Ind., VOR via S alter;, *2,500. Lofall INT, Wash,; Seattle, Wash., VOR; 3,000. ant to Rule 15c3-l (17 CFR 240.15c3-D *2,300—MOCA. made by a hypothetical' broker-dealer, Section 95.6516 VOR Federal airway and includes a detailed triar balance Section 95.6215 VOR Federal airway 516. is amended to read in part; worksheet with explanatory notes. The 218 is amended to read in part: Ponca City, Okla., VOR; Tyro INT; Kans;; worksheet is merely illustrative of the *3,100. *2,500—MOCA. application of. Rule 15c3^1 (17 CFR Rochester, Minn., VOR; Waukon, Iowa., VOR; Tyro INT,.Kans,; Oswego, Kans., VQR; *2,700. *3,000. *2,500—MOCA, *2,400—MOCA. 240.15c3r-l).. Rewey, Wis.,. VOR; Rockford,, 111.,. VOR; Part I *3,000. *2,300—MOCA. Section 95.7029 Jet Route No. 20 is A. INTRODUCTION amended by adding : Section 95.6267 VOR Federal airway Rule 15c3-l (17 CFR 240.15c3-l> was 267 is amended to read in part: From, to, MEA, and MAA adopted to provide safeguards for public Tarboro INT, Ga., via E alter; *Dixie INT, Montgomery, Ala., VORTAC;; Tallahassee, investors by setting standards of finan­ Ga., via E alter; **3,000. *3,000—MRA. Fla., RBN; 18,000J 45,000. cial responsibility to be met by brokers **1,400—MOCA. 2. By amending Subpart D as follows: and; dealers.2' The basic concept of the Dixie INT, Ga., via.E alter.; »Baxley INT, Ga., rule is liquidity; its objective being to via E alter; **6,000. *3,000—MRA. Section 95.8003 VOR Federal airway changeover points: require a broker or dealer to have at an *6,000—MCA Baxley INT, southbound. times sufficient liquid assets to cover lus * *1,400—MOCA Airway, segment: From;, to—Changeover point: Distance; from current indebtedness.* The applicability Section 95i6287r VOR Federal airway of the rule does not depend on whether 287 is amended to read in part: V—484 is amended to read in part; or not a broker or dealer is required to Twin Falls; Idaho, VOR; Salt Lake City; be registered with the Commission, since Carr INT, Wash.; *Lofall INT, Wash; **5,000. Utah, VOR; 69; Twin Falls. *MCA 6,000' southbound' for aircraft arriv­ fch® pvMrvnt.ivft nrnvisions of section 10 ing Lofall INT, northwestbound via-V—4/V- (Secs. 307; 1110, Federal Aviation Act of 440. * *4,000—MOCA.. 1958; 49 U.S.C. 1348, 510) See footnotes at end of docket.

FEDERAL REGISTER, VO L 32, NQ. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 857 (a)(1) of the Act provide exemptions tion will not be lost to a person conduct­ business in its “aggregate indebtedness.” only from the registration requirements ing such limited type of brokerage busi­ For example, where a broker-dealer also of that section, and not from other ap­ ness as a sole proprietor simply because sells life insurance and accepts payments plicable provisions of the Act or the rules he effects occasional transactions in of premiums that are deposited in a and regulations. other securities for his own personal ac­ special account pending transmission to Rule 15c3-l (17 CFR 240.15C3-1) is count with or through another registered the insurance company or return to the made up of three parts: A statement of broker-dealer. applicant, the premium represents a the minimum standards of liquidity to An exemption from the rule is also liability of the broker-dealer during the be maintained by brokers and dealers; * provided for members in good standing time the funds are in its possession, and provisions for exemption from the rule and subject to specific capital require­ therefore should be included in “aggre­ for certain brokers or dealers;B and ments of the American, Boston, Midwest, gate indebtedness.” 18 In fact, where two definitions of terms for the purpose of New York, Pacific Coast, Philadelphia- partners have exactly the same interest determining liquidity under the rule.® Baltimore-Washington and Pittsburgh in two partnerships, one partnership con­ Each part will be discussed separately. Stock Exchange.14 The Commission has ducting a securities business and the reviewed the rules, settled practices and other conducting another business, the B. GENERAL REQUIREMENTS AS TO NET CAPI­ liabilities and assets of both partnerships TAL RATIO AND MINIMUM NET CAPITAL applicable regulatory procedures of those securities exchanges and deems them to should be taken into consideration in de­ The rule prohibits a broker or dealer impose requirements more comprehen­ termining whether the broker or dealer from permitting his “aggregate indebted­ sive than those of Rule 15c3-l (17 CPR is in compliance with the “net capital” ness” ffrom exceeding 2,000 percent of 240.15c3-D. However, this exemption is requirements. his “net capital,” as those terms are de­ not available to a member of any such However, not all liabilities of a broker fined in subparagraphs (c) (1) and (c) exchange if he is not subject to the capi­ or dealer are taken into account in de­ (2) of the rule.7 This has often been re­ tal requirements of the exchange; and a termining his “aggregate indebtedness”; ferred to as “the twenty to one rule.” suspended member of any such exchange certain items are specifically excluded, In addition, every broker or dealer would become subject to Rule 15c3-l (17 as discussed below.18 subject to the rule is required to have CPR 240.15c3-l), and would have to be (b) Exclusions from “aggregate in­ and maintain a minimum “net capital” in compliance therewith, immediately debtedness”—(1) Collateralized indebt­ of $5,000.® However, the rule permits a upon such suspension.15 edness. The rule specifically excludes minimum “net capital” of only $2,500 The rule further provides that the from “aggregate indebtedness” any in­ for a broker or dealer meeting the fol­ debtedness adequately collateralized20 by lowing conditions: (i) His dealer trans­ Commission may, upon written applica­ tion, exempt from the rule, either un­ securities (including exempted securi­ actions (as principal for his own ties21) or spot commodities owned by the account) are limited to the purchase, conditionally or on specified terms and conditions, a broker or dealer who satis­ broker or dealer.22 In this connection, sale, and redemption of redeemable fies the Commission that because of (i) since time deposit certificates of a bank shares of registered investment com­ the special nature of his business, (ii) his are securities within the meaning of panies (mutual funds); (ii) his trans­ section 3(a) (10) of the Act, bank loans actions as broker (agent) are limited to financial position, and (iii) the safe­ guards he has established for the pro­ adequately collateralized by such cer­ the sale and redemption of mutual tificates owned by the broker or dealer funds, the solicitation of share accounts tection of customers’ funds and securi­ ties, it is not necessary in the public in­ may ordinarily be excluded from “aggre­ for certain insured savings and loan as­ gate indebtedness.” 28 sociations, and the sale of securities for terest or for the protection of investors the account of a customer to obtain to subject the particular broker or dealer Fixed liabilities which are adequately to the provisions of the rule.“ This secured by real estate or any other asset funds for immediate reinvestment in provision is strictly construed; it is not which is not included in the computation mutual funds; and (iii) he promptly of “net capital” under subparagraph transmits all funds and delivers all se­ intended to afford an exemption to any particular class or category of brokers (c)(2) of the rule24 are also excluded curities received in connection with his from “aggregate indebtedness.” 25 activities as a broker or dealer, and does or dealers. Only a broker or dealer who not otherwise hold funds or securities has substantial net worth and who, be-* (2) Securities loaned and securities for, or owe money or securities to, cus­ cause of the special nature of his busi­ failed to receive. Amounts payable tomers.® In this connection, the rule ness, has safeguards for the protection .against securities loaned which securities Provides10 that a sole proprietor broker of customers’ funds and securities should are owned by the broker or dealer are or dealer who otherwise qualifies for apply for this exemption. A broker or excluded from “aggregate indebted­ the reduced minimum “net capital” re­ dealer should not apply for this exemp­ ness.” 2® Also, amounts payable against quirement of $2,500 may also effect oc­ tion simply because he is having diffi­ securities “failed to receive” which were casional transactions in other securities culty in raising the necesary capital. purchased for the account of, and have for his own personal account with or Any application for this exemption not been sold by, the broker or dealer are through another registered broker-dealer should contain detailed information excluded from “aggregate indebted­ without having to maintain a minimum demonstrating that the applicant can ness.” 27 Except for these two exclusions, net capital” of more than $2,500 (un­ meet all the conditions mentioned above, the amounts payable against other less, of course, additional “net capital” is so that the matter may ordinarily be securities loaned and securities “failed needed to comply with the ratib re­ considered on the basis of the informa­ to receive” are specifically included in quirement) .u tion contained in such application. “aggregate indebtedness.” D. DEFINITIONS (3) Contractual commitments.28 The C. EXEMPTIONS PROM THE RULE rule also excludes from “aggregate in­ An exemption from the rule is avail­ 1. “Aggregate indebtedness”—(a) Gen­debtedness” liabilities on open contract­ able for a broker who is also licensed as eral. As defined in the rule,17 “aggregate ual commitments.28 This exclusion is in­ an insurance agent, whose securities indebtedness” is the total money liabili­ tended generally to apply to liabilities in business is limited to selling variable an­ ties (except those specifically excluded connection with firm commitment un­ nuity contracts as agent for ,the issuer, as indicated below) of a broker or dealer derwriting contracts, because in com­ who promptly transmits12 all funds and arising in connection with any transac­ tion whatsoever, including, among other puting “net capital” any securities posi­ delivers all variable annuity contracts, tion contemplated by a firm commitment and who does not otherwise hold funds things, money borrowed, customers’ free or securities for, or owe money or securi­ credit balances, credit balances in underwriting contract would be subject to ties to, customers; and only if the issuer customers’ accounts having short posi­ a deduction from “net worth” based on nies with the Commission a satisfactory tions in securities, and equities in cus­ the market value of the securities.34 undertaking that it assumes repsonsi- tomers’ commodities futures accounts. Therefore, it is not considered necessary uity for all valid claims arising out of A broker or dealer which is also en­ to require a broker-dealer to maintain de securities activities of the agent.1® gaged in some other business in addition additional “net capital” under the ne rule also provides that this exemp- to its business as a broker or dealer must “twenty to one rule” to carry that See footnotes at end of docket. include the money liabilities of such other commitment. FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 858 RULES AND REGULATIONS In addition;, since a traditional “best- all cases; -Accordingly, situations in­ count is readily convertible into* cash.44 efforts?” underwriting ordinarily imposes volving contingent liabilities should be For example, advances made by a broker- no obligation on a broker-dealer to pay presented to the Division for considera­ dealer to his sales representatives against for the securities being offered until cer­ tion on the basis, of the facts; in the par­ their commissions to he earned upon tain events occur Ce.g., the sale of the ticular case. monthly payments by planholders of security): the broker-dealer does not or­ 2. “Net Capital’*—(a) General. Thecontractual plans, for the accumulation dinarily incur a liability to pay for such “net capital” of a broker or dealer is of shares of a mutual fund are excluded securities for purposes of computing his essentially his adjusted “net worth.” As from “net: capital” (on the basis feat “aggregate indebtedness” until such time defined in the rule,34 it is the excess of his. they are not adequately secured) , even as he is under a legally binding obliga­ total assets over his total liabilities,* though the sales representatives signed tion to- pay funds to the issuer (or to- the adjusted by adding unrealized profits; (or loan agreements providing (1) that the managing underwriter).*1' However, if deducting unrealized losses) in the ac­ amounts owed by them are payable; on the broker-dealer receives advances from counts of the broker or dealer, or if such demand;, and; (2) that the broker-dealer the issuer (e-.g., for expenses) in connec­ broker or dealer is a partnership, by add­ has liens on all commissions due and to tion with a best-efforts underwriting, ing the equities (or deducting the defi­ become due to such sales representatives any liability of the broker-dealer to re­ cits)- in the accounts of partners.38 until the indebtedness is satisfied. In turn the unexpended portion of such ad­ As pointed out in the introductory ma­ addition, notes receivable secured by vances is not excluded from “aggregate terial, the principal purpose of the rule titles on house trailers, by insurance pre­ indebtedness;.” is to require that the capital position of a mium finance contracts; and by second (4) Satisfactorily subordinated' debt;broker or dealer will always be suffi­ mortgages or second deeds of trust are amounts■ segregated under the Commod­ ciently liquid to cover his current in­ excluded from a broker-dealer’s “net ity Exchange Act. Other items specifi­ debtedness, in order to be able at all times capital” unless the broker-dealer is able cally excluded from “aggregate indebted­ to- promptly meet the demands of cus­ to furnish convincing evidence to dem­ ness” are; Indebtedness subordinated to tomers. Therefore, the rule provides onstrate that fee notes are- readily con­ the claims of general creditors pursuant vertible into cash (i.e., that there* is a that certain assets not readily convert­ ready market for fee securities—notes) to a “satisfactory subordination agree­ ible into cash, although salable- by nego­ ment” 32 (however,, any interest on such Securities for which there is no inde­ tiation, are excluded- from “net capital” pendent market,“5 and securities which satisfactorily subordinated' debt. whether even though such assets are a part of in arrears or currently due; should be in­ cannot be publicly offered and sold by the “net worth.”- Also, certain other assets, broker or dealer because of contractual cluded in “aggregate indebtedness” un­ although- liquid; are valued at less than arrangements or other restrictions, also less the debt arising from failure to pay their market, value in order to provide the interest is also subordinated under fall within the category of assets which a; cushion for market fluctuations, (The are not readily convertible into* cash, and the subordination agreement)); and -required percentage deductions from amounts segregated in accordance with are given no value when computing “net “net worth”’ for those assets are referred capital.’” In this connection, the Com­ the Commodity Exchange Act and the to as “haircuts.” These are discussed mission held, in Whitney-Phoenix Co., rules and regulations thereunder.3® separately.) 38 Inc., 39 SEC 245 (1959), that securities (•5 ) Other excludable items—(f)> Funds (b)> Fixed and other assets not readily which can be publicly offered or sold by held as agent or trustee; escrow ac­ convertible into cash. In computing “net the- broker or dealer only after registra­ counts. Questions have frequently arisen capital,” a broker or dealer must deduct tion under the Securities Act of 1933 or as to whether funds held either (I)- in a from his “net worth” all fixed assets and pursuant to some exemption under sec­ separate account by a broker-dealer as affi other assets not readily convertible tion 3 (b) of feat Act should be given no agent or trustee, or (2) in an escrow ac­ into cash, to the extent that such assets value for “net capital” purposes until count by a bank, pursuant to Rule I5c2-4 do not constitue bona fide collateral for such securities have been effectively reg­ (17 CFR § 240.15c2-4) of the Act,34 are actual bona fide indebtedness.4® The rule istered* or there has been compliance with part of “aggregate indebtedness.’” Where contains specific examples41 of some of an appropriate exemption under section funds are held in a separate bank ac­ the assets which for purposes of comput­ 3 (!>').47 count by a broker-dealer as agent or ing “net capital” are considered as not Other examples of assets ordinarily trustee, the amount due to the issuer or readily convertible into cash, including: considered to be assets not readily con­ the purchasing customers; is an obliga­ Real estate; furniture and fixtures; ex­ vertible into cash include a “good faith” tion of the broker-dealer which must be change memberships; prepaid rent, in­ deposit by a broker-dealer in connection considered as part of his “aggregate in­ surance and expenses; good will; orga­ with a bid for exempted or nonexempted debtedness.” If, on the other hand, the nization expenses; deficits in customers” securities; a cash deposit in- lieu of, or as funds are promptly transmitted to an accounts, except in bona fide cash ac­ security for, statutory or other required escrow bank under an agreement which counts within the meaning of section bonds of a broker-dealer; oil royalties contains the provisions contemplated by 4(c) of Regulation T of the Board of (unless it can be demonstrated feat there Rule 15C2-4 (17 CFR § 240.15c2-4) that Governors of the Federal Reserve Sys­ is-a ready market for such oil royalties); the funds will be transmitted directly to tem; 42 all unsecured" advances and loans; a bank account in which a sold propri­ the persons entitled thereto a t the ap­ and customers’ unsecured notes and ac­ etor-broker-dealer is a joint tenant; and propriate time; and the broker-dealer counts. Thus, unsecured insurance ac­ the cash surrender value of a life insur- has no control over such funds, the funds counts receivable of a broker-dealer also ance policy, unless such cash surrender held by the escrow bank are not treated engaged in the insurance business would value and the face amount of such policy as part of “aggregate indebtedness.” be deducted from “net worth” in com­ are payable (1)> to the estate of a sole (ii) Contingent liabilitiest Questions puting “net capital.” Similarly* a proprietor-hroker-dealer, or (2) to the also arise occasionally with; respect to broker-dealer’s earned commissions re­ broker-dealer, if a partnership or corpo­ whether various items of contingent ceivable, being generally unsecured, ration. liabilities are to be included in “ag­ would' also be excluded from “net Questions, have heen raised as to how to gregate indebtedness.” Where a judg­ capital.” 43 treat deposits in savings and loan asso­ ment has been rendered against a broker Of course, the specific exclusion from ciations. which, are ordinarily considered or dealer; the amount of the judgment “ net capital”' of unsecured loans and to be securities in fee form of shares m would have to be included in “aggregate advances and of customers’ unsecured the association. Generally, if such de­ indebtedness” even though an appeal notes and accounts does not mean that posits are in a. solvent, federally insured from that judgment may be pending.35 every secured loan, advance* note or ac­ savings and loan association and the Whether claims which have not been re­ count is included as part of a broker- broker-dealer can furnish assurances to duced to judgment are to be included in dealer’s “net capital.” A secured receiv­ the Division feat the particular federally “aggregate indebtedness” would depend able may be excluded from “net capital” insured association has been paying sucn on the particular facts. No* general rule if, because of the nature of the collateral deposits on demand* such, deposits may can be given that would be applicable to or for some other reason, the broker- be treated for “net capital” purposes as See footnotes at end of docket. dealer cannot demonstrate that the ac­ though they were cash in a bank.

FEDERAL REGISTER, VOL. 32, NO*. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 859 (c) “Haircuts”. In computing “net The rule applies the above “haircut” dealer out of compliance with the “net captial,” the rule requires deductions provisions to securities positions contem­ capital” requirements of the rule. The from “net worth" of certain specified plated by open contractual commit­ agreement must also provide that no de­ percentages of the market values of mar­ ments.“ In this connection, a firm com­ fault of any kind shall have the effect ketable securities and future commodity mitment underwriting is a contractual of accelerating the maturity of the in­ contracts, long and short, in the capital commitment, and the required “haircut” debtedness; and that any note or other and proprietary accounts of the broker is applied to the net long position con­ written instrument evidencing the in­ or dealer, and in the “accounts of part­ templated by the commitment. This debtedness shall bear on its face an ap­ ners.” (These deductions are generally “haircut” is applicable even though there propriate legend stating that it is issued referred to in the industry as “hair­ is no public market for the security until subject to the provisions of a subordi­ cuts.”) It also requires a deduction with after the offering begins. (If, however, nation agreement which shall be ade­ respect to total long or total short fu­ no market has developed for the security quately referred to and incorporated by tures contracts in each commodity car­ after the offering has begun, and the reference. ried for all customers.48 The purpose of underwriter has a position in the secu­ Thus, the rule contemplates that, if the these deductions from “net worth,” is to rity, consideration would then have to be proceeds of a subordinated loan are to be provide a margin of safety against losses given to whether the securities should be considered as part of the capital of a incurred by a broker or dealer as a result given no value as assets not readily con­ broker-dealer, cash or securities will be of market fluctuations in the prices of vertible into cash.) As the underwriter turned over to the broker-dealer for his such securities or future commodity sells shares to customers, the number of use as part of his capital and subject to contracts. shares which he is obligated to take down the risks of his business, and subject (1) “Haircuts” for marketable securi­ decreases, and the “haircut” is reduced further only to an obligation of repay­ ties. The amount of the “haircut” re­ pro tanto.83 However, the rule provides ment at the end of the term of the loan.6* quired with respect to marketable securi­ that no “haircut” shall apply to “ex­ Accordingly, the agreement must con­ ties depends on the nature of the empted securities” as defined in section template that if repayment cannot be particular security, as follows: (1) In 3(a) (12) of the Act.54 made without reducing the broker- the case of a nonconvertible debt security (2) “Haircuts” for futures commoditydealer’s “net capital” below the amount having a fixed interest rate and a fixed contracts. The rule requires that “hair­ required by the rule, the subordination maturity date, and which is not in de­ cuts” also be taken with respect to future must continue, even though the indebt­ fault, the “haircut” ranges between 5 commodity contracts, as follows: A edness is not repaid at maturity. How­ and 30 percent, depending on the per­ “haircut” of 30 percent with respect to ever, the loan may be repaid and the sub­ centage by which the market value is the market value of all long and all short ordination agreement terminated by mu­ less than the face value of such security; future commodity contracts (other than tual consent if, after repayment, the (2) in the case of cumulative, noncon­ those contracts representing spreads or broker-dealer’s required “net capital” is vertible, preferred stock not in arrears as straddles in the same commodity and not impaired. to dividends and ranking prior to all those contracts offsetting or hedging any The rule also requires that two copies other classes of stock of the same issuer “spot” commodity positions) carried in of the subordination agreement, and of the “haircut” is 20 percent of market the capital, proprietary or other accounts any notes or written instruments evi­ value; and (3) in the case of all other of the broker or dealer, and if a partner­ dencing the indebtedness, must be filed, marketable securities, the “haircut” is 30 ship, in the “accounts of partners”; and within 10 days after the agreement is percent of market value.4® a “haircut” of IV2 percent with respect entered into, with the Regional Office of The above “haircuts” are also applica­ to the total long or total short futures the Commission for the region in which ble to securities loaned to a broker or contracts in each commodity, whichever the broker-dealer maintains his princi­ dealer pursuant to a “satisfactory sub­ is greater, carried for all customers. pal place of business, together with a ordination agreement,” 60 and to other 3. Subordinated debt; “Satisfactorystatement of the name and address of the marketable securities owned by a broker Subordination A greem en t It was lender, the business relationship of the or dealer which he has pledged as collat­ previously pointed out that indebtedness lender to the broker-dealer, and infor­ eral to secure his indebtedness to another. subordinated to the claims of general mation as to whether the broker-dealer However, no “haircut” need be taken with creditors pursuant to a “satisfactory sub­ carried funds or securities for the lender respect to securities which belong to a ordination agreement” is excluded from at or about the time the agreement was person other than the broker or dealer “aggregate indebtedness,” 54 and from entered into. (If each copy of the agree­ and which are in his possession as col­ total liabilities in the computation of ment is bound separately and marked lateral for an indebtedness to such broker “net capital.” 57 The combined effect of “Non-Public”, such agreements will be or dealer. Also, the rule provides51 that these exclusions is to treat such sub­ maintained in a nonpublic file.) A no “haircut” need be taken with respect ordinated loans as if they were part of broker-dealer should give notice of any to the following: (i) A security which is the broker-dealer’s capital58 in comput­ proposed repayment of the loan, or of convertible into or exchangeable for ing his “net capital.” termination of or any other change in other securities within a period of 30 In substance, the rule requires that in the agreement, to the Regional Office days, subject to no conditions other than order to be considered a “satisfactory with which the agreement is filed so that the payment of money, if the other secu­ subordination agreement,” a binding and the information on file with that Re­ rities into which such security is con­ enforceable written agreement must be gional Office is always current and vertible, or for which it is exchangeable, executed by both the broker-dealer and accurate.69 are short in the accounts of such broker the lender, whereby a specific amount of or dealer or in the “accounts of part­ cash or specific securities are loaned to E. SOLE PROPRIETOR-BROKER-DEALER ners”; or (ii) a security which has been the broker-dealer for a period of not less As indicated earlier, there are special called for redemption and which is re­ than 1 year (and giving the broker- considerations under the rule with re­ deemable within 90 days. However, this dealer the right to the use of such cash spect to determining the “net capital” latter exemption is not ordinarily avail­ or securities as though they were in fact position of a sole proprietor-broker- able for redeemable investment company his own) under conditions which effec­ dealer. For purposes of computing “ag­ shares for two reasons: First, because tively subordinate any right of the lender gregate indebtedness” and “net capital,” they are not “called for redemption”; and to demand or receive repayment to the a broker or dealer who is a sole proprietor second, even though they may be re­ claims of all present and future creditors must also take into account his personal deemable within 90 days, their redemp- of the broker-dealer, The agreement assets and liabilities not related to the lon value is subject to fluctuation with must provide that it may not be can­ business;61 and where he conducts some changes in the market value of the port- celed by either party, and that the loan oho securities held by the investment may not be repaid or the agreement in other business in addition to the securi­ companies. any way be terminated, rescinded, or ties business, the assets and liabilities modified by mutual consent or otherwise of such other business must also be taken See footnotes at end of docket. if the effect would be to put the broker- into account.“

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 860 RULES AND REGULATIONS

A sole proprietor-broker-dealer who is in commodity contracts, (d) ledger bal­ ing the example are referenced to cer­ also engaged in some other business ac­ ances included in aggregate indebted­ tain of the captions and details of open tivity as a sole proprietor may record ness, and (e) and (f) adjusted balances commodity contracts in both customers’ the assets and liabilities and transactions of assets and liabilities and percentage and firm accounts are shown on a sepa­ of such other business in the same books deductions. Explanatory notes follow- rate schedule. of account as he uses for his broker- dealer business or in a separate set of Security valuations Adjusted balances books. A consistent test of protection Com- for the customer of such a sole proprietor modity Aggregate Trial contracts indebt­ Liabili­ requires that “aggregate indebtedness” balance Long Short losses edness Assets ties and in this situation must include all of the (Gains) deduc- money liabilities in connection with any tions other business in which he is engaged as (a) (b) (b) (c) (d) (e) (0 a sole proprietor, less the specific exclu­ sions provided by subdivisions (i) ASSETS through (ix) of subparagraph (c) (1) of Cash: $25,000 $25,000 the rule. In computing “net capital,” (g) 2,800 his “net worth” must be determined from Segregated under Commodity 6,900 _ • V 6,900 the combined assets and liabilities of all Deposits on future commodity his businesses as a sole proprietor; and, 1,100 1,100 3.000 $3,100 3,000 in addition to the adjustments to “net Depos t against securities worth” required of all brokers or dealers, 10,000 10,200 10,000 whether or not sole proprietors, he is Customers’ securities accounts: (h) 10,000 11,000 10,000 required by subdivision (viii) of subpara­ (h) 81,500 112,000 81,500 graph (c) (2) to make a further deduc­ (i) 5.000 3,000 3,000 a) 200 tion from “net worth” of any excess of Customers’ commodity accounts: his personal liabilities over his personal Future commodity contracts__ (k) . (5,700) $(350) $5,700 (h) 4,500 35,300 4,500 assets. a) 5.000 8,000 8,000 This situation suggests the advisabil­ Firm trading accounts: (m) 3.000 3,200 3,200 ity of the formation of one or more cor­ Nonexempted securities (long). (m) 12,000 18,000 18,000 porations to carry on the securities Nonexempted securities (short). (m) (2,000) $1,600 1,600 business or any other business conducted Securities not readily (n) by the sole proprietor. The separate in­ ■ Future commodity contracts__ (0) (500) 500 corporation of the other business will (p) (P) tend to relieve the securities business of (q) the jeopardy from the liabilities of the (q) i ’ôOO other business and eliminate the ques­ (q) tion of whether the assets and liabilities Earned commissions receivable... (q) 1,400 (3 500 of such other business should be taken (q) i son into account in determining aggregate indebtedness and net capital. 234 fino F. AVAILABILITY OF INTERPRETATIVE ADVICE LIABILITIES AND NET WORTH While this release endeavors to answer Bank loans collateralized by: (r) 10,000 20,000 10,000 questions frequently raised, it is not pos­ 76.000 105,000 $75, 000 75,000 sible to cover every question which may Failed to receive: (s) 1,000 1,100 1,000 arise under Rule 15c3-l (17 CFR 6,000 5.200 5,000 . 6,000 § 240.15c3-l). Moreover, the general Deposits against securities loaned: opinions expressed herein will not neces­ (s) 3.000 3.200 3,000 sarily be applicable to situations which 2.000 2,100 2,000 2,000 21.000 21,000 21,000 differ factually from those on which such 7,360 7,350 7.350 opinions are based. Consequently, a 6,500 6,500 6,500 broker or dealer who has a question as 1,400 1,400 1,400 Mortgage payable on land and to the application of Rule 15c3-l (17 (P) CFR § 240.15c3-l) to a specific matter Commodity “difference” account. (t) '850 850 ! .850 Valuation of securities and spot may request interpretative assistance (cash) commodities in “box” from the Division of Trading and Mar­ (U) 77, fiOO kets. While the Commission provides Contractual commitment...... (v) such interpretative assistance through its staff wherever possible, the responsi­ -Subordinated borrowings: bility for compliance rests with the (W) 4,000 4,000 broker or dealer. Capital: 00 8,000 8,000 P art n Profit and loss...... 8,500 The following example based on the trial balance of a hypothetical broker- --- *---- * dealer shows the evaluation of the assets “Haircuts”: f 11,880 (y) 7,755 and liabilities required to be made in the 0y ■ 1 7,600 determination of aggregate indebtedness (aa) . 780 and net capital. The example includes Customers’ commodities...... (bb) many situations frequently found in cal­ Aggregate indebtedness__....— 118,250 culations made by small and medium ... 168,315 186,700 18,385 sized broker-dealers. The trial balance Net capital...... (cc) work sheet shows (a) money balances of 186,700 186,700 ledger accounts, (b) long and short se­ curity valuations related to certain “Net capital” required—greater of $6,000 or J$oth of “aggregate indebtedness” of ledger accounts (c) net losses or gains $118,250...... -...... - "Net capital” as computed------18.385 See footnotes at end of docket. Ratio of “aggregate indebtedness” to “net capital” ($118,250-i-$18,385) (percent)— . 648

FEDERAL REGISTER. VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 861 The “net capital” of $18,385 is the re­ other description, market price and total $3,200 and that in nonexempt securities sult of the following adjustments: market value. from $12,000 to market value of $18,000. Capital------$50,000 (c) Balances in this column represent The credit balance in the short position is Profit and loss------8 , 500 the net unrealized appreciation or depre­ decreased from $2,000 to $1,600 because Securities contributed as capital__ 8 , 000 ciation (market value compared to cost) the market value of securities necessary of future commodity contracts and the to cover the liability is less than the Total ______66,500 offset of such amounts to the commodity ledger balance.88 “difference” account. (n) Securities not readily marketable Subordinated borrowings: Loan payable------13, 000 (d) All liabilities are included as “ag­ because no independent public market Securities ______4,000 gregate indebtedness,” except those spe­ exists, or which are subject to some re­ cifically excluded by subparagraph striction as to their sale, are considered Total______17,000 (c)(1). as assets not readily convertible into (e) The asset balances extended to cash and are not assigned any value in Total______83, 500 column (e) reflect certain of the ad­ determining “net capital.” 69 justments specified in subparagraph (c) (o) The unrealized gain of $500 on fu­ Add: Unrealized profits: (2) for determining “net capital.” ture commodity contracts in firm trading Partners’ accounts______3, 000 (f) Column (f) includes all liabilities, accounts is taken into consideration in Exempted securities—long____ 200 except those specifically excluded by pro­ the “net capital” computation since this Nonexempted securities—long, 6, 000 visions of subparagraph (c) (2), and the equity applies to partnership property.™ Nonexempted securities—short. 400 “haircut” on marketable securities, fu­ (p) Fixed assets such as land and Future commodity contracts__ 500 ture commodity contracts, and contract­ building, and furniture and fixtures, ual commitment. which in the example are stated net of Total ______10,1 0 0 (g) A good-faith deposit made in con­ related reserves for depreciation, are not nection with an underwriting is consid­ assigned any value in determining “net Total______93, 600 ered a balance not readily convertible capital.” The mortgage payable, a fixed Deduct: into cash and is not assigned any value liability adequately secured by the land Land and building______48, 000 in the “net capital” computation.88 and building, is excluded from both “ag­ Mortgage payable______30,000 (h) Customers’ oash accounts, fully gregate indebtedness” and liabilities con­ secured accounts, and' spot (cash) com­ sidered in determining “net capital.” 71 Total ______18,000 modities accounts are included in the (q) Assets which cannot be readily converted into cash are not assigned any Furniture and fixtures______6, 000 computation of “net capital” at the Cash—good faith deposit______2, 800 amount of their ledger balances. Al­ value in determining “net capital.” 71 Deficits in partly secured custom­ though such accounts also contain se­ (r) Indebtedness adequately collater­ ers’ accounts______2, 000 curities or commodities which have a alized by securities owned by the firm is Unsecured customers’ accounts_ 200 market value greater than the balance excluded from “aggregate indebtedness” Securities not readily marketable. 2,000 due to the broker-dealer, no considera­ but is included in liabilities considered in Exchange memberships______10, 000 tion is given to such excess since these determining “net capital.” 78 Notes receivable—unsecured____ 1, 500 assets belong to the customers. (s) Amounts payable against securi­ Advances—unsecured______900 ties “failed to receive,” which were pur­ Dividends receivable______500 (i) Partly secured customers’ accounts Earned commissions receivable___ 1,400 are assigned a value no greater than the chased for the account of the firm and Prepared expenses______500 market value of the security collateral. have not been sold, are excluded from Other assets______1 ,5 0 0 In this case, receivables of $5,000 are “aggregate indebtedness” but are in­ “Haircuts”: taken into account at the liquidating cluded in liabilities considered in deter­ Firm securities______11,880 value of the related securities, $3,000.“ mining “net capital.”” Sim ilarly, Firm commodities______7,755 (j) Unsecured customers’ accounts are amounts payable against securities Contractual commitments_____ 7,600 loaned, which are owned by the firm, are Customers’ commodities______780 not assigned any value.85 (k) The credit balance in customers’ excluded from “aggregate indebtedness” Total------75,215 future commodity accounts, properly but not from liabilities considered in de­ segregated in accordance with the Com­ termining “net capital.” 75 “Net Capital”______18,385 modity Exchange Act and the rules and (t) The commodity “difference” ac­ count represents the balance of daily (a) The trial balance column includes regulations thereunder, is excluded from “aggregate indebtedness” but included settlements with clearing houses on open the ledger balances of all asset, liability future commodity contracts which cus­ and capital accounts. One account, in liabilities considered in determining “net capital.” 88 tomarily are not allocated to the custom­ Profit and loss, represents the net bal­ ers’ and firm accounts until final settle­ ance of all income and expense accounts (l) . Recognition is given to unrealizedment of the contract. Of the balance of for the period. profits or losses in the accounts of part­ $850 a portion, $350, represents net gains (b) The market value of security and ners who have agreed in writing that the on contracts in customers’ accounts (see spot (cash) commodity positions is en­ equity in their accounts with the firm (k) above), and the remainder, $500, ap­ tered in these two columns. Generally, shall be included as partnership prop­ plies to net gains on contracts in firm long positions indicate ownership or right erty. In the example the ledger balances accounts (see (o) above). Since suffi­ of possession (customers’ securities; firm of these accounts is $5,000, but in de­ cient funds have been segregated in a trading accounts) and short positions in­ termining “net capital” the accounts are separate bank account or deposited with dicate location or responsibility to deliver included at the amount of the market clearing houses the amount is excluded (pledged as collateral on bank loans; sold value of the securities, $8,000. If the from “aggregate indebtedness.” 78 short; in physical possession—“box”), accounts were not subject to these signed (u) The amount of $77,600 in column rn order to show a balanced securities agreements they would be considered as (b) represents the valuation of securi­ Position, in this example values have been customers’ accounts and evaluated only ties and spot (cash) commodities in cus­ shown for all accounts in which there is a at the amount of the ledger balance, tomers’ accounts ($49,000) and firm and ecurities position although not all such $5,000.” partners’ accounts ($28,600) held in aiues are used in making the evaluations (m) Recognition is given to unrealized “box” or in transfer. necessary for determination of “aggre- profits or losses in the firm securities and (v) Liabilities on open contractual sate indebtedness” and “net capital.” investment accounts. In the example commitments are usually not recorded in amations used in making the “net capi- the ledger balances of firm trading ac­ the ledger accounts and are not included <~h computation should be supported by counts are stated at book value; con­ in either “aggregate indebtedness” or in cn^w^es showing for each security or sequently, in determining “net capital,” liabilities considered in determining “net pot (cash) commodity: title of issue or security valuations are substituted. The capital.” 77 In the example a contractual long position in exempted securities is commitment to purchase for $26,750 See footnotes at end of docket. increased from $3,000 to market value of common stock which has a current mar-

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 862 RULES AND REGULATIONS ket value of $27,500 has not been re­ “haircuts” converts “net worth,” includ­ tal” is 643 percent. Since the ratio does corded in the ledger accounts. ing subordinated borrowings, of $83,500 not exceed 2,000 percent and “net capi­ (w) A loan payable of $13,000 and into “net capital” of $18,385; “aggregate tal” exceeds the required minimum of nonexempted securities borrowed under indebtedness” is $118,250; and the ratio $5,000, the firm is in compliance with “satisfactory subordination agreements” of “aggregate indebtedness” to “net capi- the rule. are considered as if they were capital Schedule of Open F uture and Spot (Cash) Commodity Contracts and consequently are excluded from “ag­ gregate indebtedness” and liabilities con­ Cost Market value Ledger balance sidered in determining “net capital.” Delivery Losses month (gains) (x) In determining “net capital,” se­ Short Long Short Long Debit Credit curities contributed to capital are con­ sidered as assets of the firm. Customers’ accounts: (y) In the example, as a quick test of Future commodities— compliance, a “haircut” is taken at the Wheat: 2 contracts (short). Sept. $14,400 $14,000 $(400) $ 1,500 maximum rate of 30 percent on the ag­ 1 contract (long)__ Sept. $7,100 $7,000 100 •;■■■ 850 gregate market value of all nonexempted Com: 3 contracts (short)., July 18,750 19,800 1,050 750 securities in long and short positions in 2 contracts (long).., July 12,500 13,200 (700) 500 firm capital and proprietory accounts, 1 contract (short)... Sept. ” ¿,200 ” ¿,300 100 250 including securities in account of part­ 2 contracts (long)... Sept. ’Ï2,'400 ~Í2~600 (200) 550 2 contracts (short).. Dec. 12,200 11,900 (300) 1,300 ners and securities borrowed pursuant to “satisfactory subordination agreements.” Total. 51,550 32,000 52,000 32,800 (350) 5,700 The “haircut” is determined in the fol­ Spot (cash) commodities— lowing manner: Wheat: 2 contracts (long)____ 14,200 14,600 $2,000 Firm trading accounts: Com: Nonexempted securities: 3 contracts Gong)____ 18,750 20,700 2,500 Long______$18,000 Total. 32,950 35,300 4,500 S h o r t______1, 600 Firm trading accounts: Partners’ accounts______8 ,000 Future commodities— Subordinated borrowings: Wheat: Nonexempted securities______4, 000 1 contract (short)... Sept. 7,100 7,000 (100) Capital: Com: Nonexempted securities______8 ,000 1 contract Gong)__ July 6,250 6,600 (350) 1 contract (short).. Sept. 6,200 6,300 100 1 contract (short)... Dec. 6,100 5,950 (150) Aggregate market value____ $39, 600 Total. 19,400 6,250 19,250 6,600 (500) 30 percent______$11, 880 F o o t n o t e s part of his business or for his personal ac­ Since the use of the maximum rate of count, must be reflected in his books and 30 percent does not result in a “haircut” 1 All references to Rule 15c3-l (17 CFR records in accordance with Rule 17ar-3 (17 which reduces “net capital” below the § 240.15c3-l) are to the rule as currently CFR § 240.17a-3); and that securities so held amount required, no further computa­ amended (see Securities Exchange Act Re­ are treated for “net capital” purposes as tion is necessary. If schedules of securi­ lease No. 7611, dated May 26, 1965). provided in Rule 15c3-l (17 CFR § 240.15C3- ties are prepared in accordance with the 2 The rule was adopted under section 15 1). (See also the separate discussion, infra, classifications of subdivision (c) (2) (iii) (c) (3) of the Act, which in effect prohibits with respect to sole proprietor-broker- any broker or dealer from using the mails dealers.) then “haircuts” of lesser amounts may or interstate facilities to effect, induce or 12 The term “promptly transmits” is inter­ be applied as appropriate.78 attempt to inddce any over-the-counter preted to mean as soon as reasonably pos­ (z) A “haircut” is taken on the aggre­ transaction in a nonexempted security in sible, but not later than 4 business days after gate market value of all future com­ contravention of rules or regulations pro­ receiving the funds. modity contracts in long and short scribed by the Commission as necessary or 13 Subparagraph (b)(1). positions in firm accounts. As shown appropriate in the public interest or for the ««Subparagraph (b) (2). protection of investors to provide safeguards “ See Strand Investment Co., Securities on Schedule A, short positions amount with respect to financial responsibility of to $19,250 and long positions are $6,600 Exchange Act Release No. 6705 (1961). brokers find dealers. 16 Subparagraph (b) (3). for an aggregate of $25,850, and conse­ 8 The need for such liquidity has long been 17 Subparagraph (c) (1). quently the “haircut” at 30 percent recognized as vital to the public interest and 18 The question of whether the assets of equals $7,755.w for the protection of investors. As early such other business may be included in “net (aa) A “haircut” of $7,500 is based as 1942, the Commission stated, “Customers capital” depends on the nature of such on the contractual commitment to pur­ do not open accounts with a broker relying assets. (See discussion of “net capital,” on 6uit, judgment, and execution to collect infra.) chase for $26,750, common stock which their claims—they are opened in the belief has a current market value of $27,500 19 “Aggregate indebtedness” is not a factor that a customer can, on reasonable demand, in the computation of “net capital”; it is (see (v) above). The “haircut” repre­ liquidate his cash or securities position.’’ merely one element in computing "the sents 30 percent of market value, $8,250, Guy D. Marianette, 11 SEC 967, 970-1. twenty to one” ratio. Therefore, while cer­ reduced by the unrealized profit of $750.80 «Paragraph (a) of the rule. [All para­ tain liabilities are specifically excluded from (bb) The “haircut” of $780 on custom­ graph references in the footnotes are to Rule the definition of “aggregate indebtedness,” 15c3—1 (17 CFR § 240.15C3-1) ] they are not ordinarily excluded from total ers’ commodities represents iy2 percent 5 Paragraph (b). of the market values of the greater of liabilities for the purposes of computing “net 6 Paragraph (c), capital” under subparagraph (c) (2). the total long or total short future com­ 7 Subparagraph (a) (1). 20 Subparagraph (c)(6) provides th at in­ modity contracts in each commodity 8 Subparagraph (a) (2). debtedness shall be deemed to be “adequately carried in customers’ accounts. Analysis 9 A broker or dealer must comply with collateralized” when the difference between of the market values of customers’ ac­ both requirements: He must maintain a the amount of the indebtedness and the counts on Schedule A shows that short minimum “net capital” of at least $5,000 (or market value of the collateral is sufficient to $2,500, if applicable), and such “net capital” make the loan acceptable as a fully secured contracts in wheat of $14,000 exceed long may not be less than l / 20th of the amount contracts in that commodity, and that loan to banks regularly making comparable of his “aggregate indebtedness.” Thus de­ loans to brokers or dealers in the community. short contracts in com of $38,000 exceed pending upon the amount of a broker or 21 However, as to exempted securities, the long contracts in that commodity. Thus dealer’s “aggregate indebtedness,” his re­ exclusion applies only to indebtedness aris­ the “haircut” of $780 is based on the quired “net capital” could be considerably ing from loans where exempted securities are aggregate of $52,000.81 greater than the specified minimum. given as collateral; not to indebtedness aris­ (cc) As developed in the example the ' 10 Subdivision (a) (2) (i). ing out of the failure to receive exempted application of the adjustments and 11 Such a sole proprietor broker or dealer securities. Securities “failed to receive” ar® should be aware, however, that all such trans­ discussed in the text. The term “exempted See footnotes at end of docket. actions, whether he considers them to be securities” is defined in subparagraph (c) (3)

FEDERAL REGISTER. VOL. 32. NO. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 863

to mean those securities specifically defined 42 12 C.F.R. § 220.4(c). creased by the unrealized loss) in such com­ as “exempted securities” in section 3(a) (12) 43 For example, some dealers sell shares of a mitment; except that the amount of such of the Act. mutual fund pursuant to a program whereby reduction shall not exceed the amount of the 22Subdivisions (c )(1) (i), (c)(1)(H), and the customers make their checks payable to required “haircut,” and in no event shall an (c)(1) (v). a custodian bank which (1 ) acts as agent for unrealized profit on any closed transaction 23 The treatment of time deposit certificates the various parties in effecting the sale of operate to increase “net capital.” A series for purposes of computing “net capital” is such shares, (2 ) confirms the transactions to of contracts of purchase or sale of the same discussed in footnote 49, infra. the customers, and (3) periodically forwards security conditioned, if at all, only upon 24 Subparagraph (c)(2) excludes from the to the dealer the commissions due him. issuance may be treated as an individual computation of “net capital” fixed assets and Under those circumstances, the commissions commitment. assets which are not readily convertible into due the dealer, but not yet forwarded by the 88 The term “satisfactory subordination cash, including, among other things, real bank, are treated as an unsecured account agreement” is defined in subparagraph (c) estate, furniture and fixtures, etc. (This is which should be deducted from the dealer’s (7 ). discussed separately in the section dealing “net worth.” (However, if a dealer can sub­ 59Subdivision (c) (1 ) ( ix l. with the definition of “net capital.”) mit an unequivocal written statement from 87 Subdivision (c) (2) (vii). 28 Subdivision (c)(1) (vii). a custodian bank that the sums due the 88 If the loan consists in whole or in part 26 Subdivision (c) (1) (ill). dealer are payable on demand, such receiva­ of securities, such securities would, of course, 27 Subdivision (c) (1) (iv). bles would not be deducted from “net worth” be subject to the applicable “haircuts” re­ 28 This term is defined in subparagraph when computing that dealer’s “net capital.’’) quired by subdivision (c) (2 ) (iii) of the rule. (c) (5). (See also footnote 52, infra.) 44 See footnote 40, supra. 59 Where funds or securities are loaned 29 Subdivision (c)(1) (viii). 45 If it can be demonstrated that there is under any conditions which permit the 30 See discussion under “Haircuts,” infra. Such a market for the notes, then instead of lender to retain domination or control over, 31 See Investment Bankers of America, Inc., the exclusion under subdivision (ii) of sub- or otherwise inhibit the broker-dealer’s un­ Securities Exchange Act Releases Nos. 6886 paragraph (c) (2 ) for the amount of the restricted use of, such funds or securities, the (Aug. 16, 1962) and 6994 (Jan. 21, 1963). receivable, there would be a “haircut” applied agreement would not be a "satisfactory sub­ See also discussion under “Other Excludable to the market value of the security (the ordination agreement" within the meaning of Items,” infra, with respect to funds held by note) in accordance with the provisions of the rule. a broker-dealer as agent or trustee. subdivision (C) of that subparagraph. (See 80 If a broker-dealer has any question con­ 32 The term “satisfactory subordination discussion of “haircuts,” infra.) cerning whether he may properly effect any agreement,” which is defined in subpara­ “ See SEC v. C. H. Abraham & Co., Inc., such repayment, or termination or other graph (c) (?) of the rule, is discussed 186 F. Supp. 19 (S.D.N.Y. 1960); Pioneer change in the agreement, he should request separately, infra. Enterprises, Inc., 36 SEC 199, 207 (1955). interpretive assistance from that Regional 33 Title 17, Chapter I, Code of Federal Reg­ "However, as discussed earlier, where any Office with which the agreement is filed. ulations (“CFR”) . of the securities discussed above are in fact 61 See footnote 11, supra, with respect to 34 Rule 15c2-4 (17 CFR § 240.15c2-4) re­ pledged as bona fide collateral to secure a recordkeeping requirements. quires, in effect, that where a broker or dealer bona fide Indebtedness, the amount to be de­ 62 These assets and liabilities must be taken participates in the distribution of securities ducted from “net worth” in computing “net into account whether or not reflected in the on any basis other than a firm-commitment capital” is the difference between the book records of his business as a broker or dealer. underwriting, any money received for such value of such securities and the amount of For example, where a sole proprietor-broker securities t>n any basis whereby payment is the indebtedness actually secured thereby. or dealer also is engaged in the insurance not to be made to the person on whose be­ See footnote 41, supra. (In such a situation business, any insurance accounts payable half the distribution is being made until the borrower would ordinarily be expected to would be included in “aggregate indebted­ some further event or contingency occurs tell the lender of restrictions on their sale.) ness,” notwithstanding the fact that the sole must be (A) promptly deposited in a separate 48 Subdivisions (iii) and (v) of subpara­ proprietor maintains a separate bank ac­ bank account, as agent or trustee for the graph (c) (2 ) in the case of securities, and count and separate books and records for persons who have the beneficial interests subdivisions (iv) and (vi) in the case of each business. Also, his insurance accounts therein, and promptly transmitted or re­ future commodity contracts. receivable, being ordinarily unsecured, would turned to such persons upon the occurrence 43Subdivisions (a), (b), and (c) of subdi­ be excluded from “net capital.” of the appropriate event or contingency, or vision (c) (2) (iii). A negotiable time certifi­ 68Subdivision (c) (2 ) (ii). (B) promptly transmitted to a bank which cate of deposit issued by a bank is considered 64 Ibid. has agreed in writing to hold such funds in to be a debt security, and if there is a ready, 88 Ibid. escrow for the persons having beneficial in­ independent market for such security, and 66 Subdivision (c) (1) (vi). terests therein and to transmit or return such if it is not in default, it is subject to the 67 Subdivision (c) (2) (i) and subparagraph funds to such persons when the appropriate “haircut” required by subdivision (a). A (c)(4). event or contingency occurs. nonnegotiable time certificate of deposit 83 Subdivision (c) (2 ) (i). 35 Any claim for indemnity that such would ordinarily be treated as an asset not broker or dealer might have would not be 89 Subdivision (c) (2 ) (ii). readily convertible into cash, but if the 78 Subdivision (c) (2 ) (i). considered to be an asset readily convertible broker-dealer can demonstrate that the bank into cash for purposes of computing “net 71 Subdivisions (c) (1) (vii) and (c) (2) (ii). will pay the certificate on demand before 72Subdivision (c) (2L) (ii). capital.” maturity it may be given substantial value, 36 Subparagraph (c) (2 ). 73 Subdivision (c) (f) (i). depending on all the surrounding circum­ 74 Subdivision (c) (1) (iv). 37 As noted earlier, liabilities which are ex­ stances in the particular case. 78 Subdivision (c) (1) (iii). cluded from the definition of “aggregate in­ 88 See footnote 58, infra, and related textual 78 Subdivision (c) (1) (vi). debtedness" are included in total liabilities discussion. 77 Subdivision (c) (1) (viii) and subpara­ for the purpose of computing “net capital.” 81 Subdivision (c) (2) (iii). graph (c) (5). 38 "Accounts of partners” are defined in 62 Subdivision (c)(2)(v). The term “con­ 78 If, for example, the firm trading account subparagraph (c) (4) as the accounts of part­ tractual commitments” is defined in sub- included long positions in nonconvertible ners who have agreed in writing that the paragraph (c) (5) to include underwriting, debt securities with face and market values equities in such accounts maintained with when-issued, when-distributed and delayed of $4,000, and cumulative, nonconvertible such partnership shall be included as part­ delivery contracts; endorsement of puts and nership property. preferred stocks with market values of $2,000, calls; commitments in foreign currencies; the computation could be made in the follow­ * Subparagraph (c )(2 ) also contains pro­ and spot (cash) commodities contracts; but ing manner: visions excluding liabilities in connection does not include uncleared regular way pur­ with "satisfactory subordination agreements” chases and sales of securities and contracts t cornPuting “net capital,” and relating in commodities futures. Market Rate “Hair­ value (Per­ cut” k> the treatment of liabilities of sole pro’- 88 In a “rights” offering where the under­ cent) prletor-broker-dealers where such liabilities writer has a firm commitment to take down were not incurred in the course of business the unsubscribed portion of the underlying as broker or dealer. These will be discussed Nonconvertible debt securities, if the underwriter can demon­ securities______$4,000 5 $200 in those sections dealing separately strate that less than 50% of the underlying Cumulative, noncon­ ( ith "sole proprietor-broker-dealers” and securities will remain unsubscribed he may vertible preferred satisfactory subordination agreements.” be permitted to deduct only 50% of the re­ stocks...... 2,000 20 400 “ Where additional collateral is used to quired “haircut” during the “rights” offering All other securities___ 33,600 30 10,080 secure the indebtedness, it would be up to period. Aggregate market ,e. broker-dealer to prove the extent to “ It also provides that the “haircut” with value______39,600 ir1 assets not readily convertible into respect to any individual commitment shall “Haircut”____ _ 10,680 ash are collateral for the indebtedness. be reduced by the unrealized profit (or in-

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 No. 16— P t. I ----- 3 864 RULES AND REGULATIONS

79 Subdivision (c) (2) (iv). 15c3-l (17 CFR 240.15c3-l) need not be Commission action. The Commission, 80 Subdivision (c) (2) (v ). made if the market value of all market­ acting pursuant to the provisions of the « Subdivision (c) (2) (vi). able securities is subjected to a percent­ Securities Exchange Act of 1934, as By tiie Commission. age deduction of 30 percent; and, simi­ amended, and particularly sections 17(a) larly, supporting analyses of assets only and 23(a) thereof, deeming such action [seal] Orval L. D uB ois, partially allowable or otherwise of ques­ necessary in the public interest, for the Secretary. tionable value need not be made if such protection of investors, to provide safe­ J anuary 18,1967. assets are excluded in their entirety. guards with respect to the financial re­ A person exempt from Rule 15c3-l (17 sponsibility of brokers and dealers, and [F.R. Doc. 67-735; FBed, Jan. 24, 1967; for the execution of its functions, hereby 8:45 a.m.] CFR 240.15c3-l) under the provisions of paragraph (b) (1) or (3) thereof amends Part 240 of Chapter II of Title 17 would not be required to prepare a com­ of the Code of Federal Regulations by amending Rules 17a-3(a) (11) and 17a- [Release No. 34-8023] putation. Paragraph (b) (1) exempts a broker who is also licensed as an insur­ 4(b)(5) (17 CFR 240.17ar-3(a)(ll) and PART 240— GENERAL RULES AND ance agent under the laws of any State 240.17a-4(b) (5)) thereof. or the District of Columbia, whose securi­ The revised text of subparagraph (11) REGULATIONS, SECURITIES EX­ of paragraph (a) of Rule 17ar-3 (17 CFR CHANGE ACT OF 1934 ties business is limited to effecting trans­ actions in variable annuities as general 240.17a-3) is as follows: Records To Be Made and Preserved by agent for the issuer, who promptly trans­ § 240.17a—3 Records to be made by cer­ Certain Exchange Members, Bro­ mits all funds and delivers all securities, tain exchange members, brokers and and who does not otherwise hold funds dealers. kers and Dealers or securities for or owe money or securi­ (a) * * * On March 10, 1965, in Securities Ex­ ties to customers, if the issuer files with (11) A record of the proof of money change Act Release No. 7550, and in the the Commission an undertaking satis­ balances of all ledger accounts in the F ederal R egister of March 16, 1965 (30 factory to it that the issuer will assume form of trial balances, and a record of F.R. 3457) the Securities and Exchange responsibility for all valid claims arising the computation of aggregate indebted­ Commission published its proposal to out of all activities of such agent in ness and net capital, as of the trial amend paragraph (a) (11) of Rule 17a-3 effecting transactions in such variable balance date, pursuant to § 240.15c3-l; (17 CFR 240.17ar-3) and paragraph annuity contracts. Paragraph (b) (3) Provided, however, (i) That such com­ (b) (5) of Rule 17a-4 (17 CFR 240.17a-4) provides for the granting of a specific putation need not be made by any mem­ under the Securities Exchange Act of exemption by the Commission to a broker ber, broker or dealer unconditionally 1934 to require members of national se­ or dealer who satisfies the Commission exempt from § 240.15C3-1 by paragraph curities exchanges and other brokers and that, because of the special nature of his (b) (1) or (b) (3), thereof; and (ii) that business, his financial position (which dealers to prepare and preserve a record any member of an exchange whose mem­ of the computation of “aggregate indebt­ generally means his very substantial net edness” and “net capital” as of the date worth), and the safeguards he has es­ bers are exempt from § 240.15c3-l by of the trial balance now required to be tablished for the protection of customers’ paragraph (b) (2) thereof shall make a made at least once a month. The Com­ funds and securities, it is not necessary record of the computation of aggregate mission has considered the comments in the public interest or for the protec­ Indebtedness and net capital as of the and suggestions received and has tion of customers to subject the particu­ trial balance date in accordance with the adopted the amendment as set forth be­ lar broker or dealer to the provisions of this rule.1 A broker-dealer exempt from capital rules of at least one of the ex­ low, effective March 1,1967. changes therein listed of which he is a Rule 15C3-1 (17 CFR 240.15c3-l), the rule because he is a member of one which establishes safeguards with re­ or more of the exchanges specified in member. Such trial balances and com­ spect to financial responsibility of paragraph (b) (2) would be required to putations shall be prepared currently at brokers and dealers, provides that a bro­ make and preserve a computation in ac­ least once a month. cordance with the rules of at least one of ker or dealer subject to the rule shall * * * * * such exchanges of which he is a member. maintain a specified minimum net capi­ The revised text of subparagraph (5) tal, and shall not permit his aggregate Under the amended provisions of Rule indebtedness to exceed 20 times his net 17a-4(b) (5) (17 CFR 240.17a^4(b) (5)) of paragraph (b) of Rule 17a-4 (17 CFR capital. The terms “aggregate indebt­ a member, broker or dealer subject to 240.17a-4) is as follows: edness” and “net capital” are defined in the rule would be required to preserve § 240.17a—4 Records to be preserved by the rule. The amendments require that the computations of aggregate indebt­ certain exchange members, brokers a computation be made at least once a edness and net capital (and the working and dealers. month and be preserved in order to as­ papers in connection therewith) for a ***** sist the members, brokers and dealers in period of not less than 3 years. keeping currently informed of their The Commission has also published, in (b) * * * capital position. Securities Exchange Act Release No. (5) All trial balances, computations of A broker or dealer should, of course, 8024,2 an interpretative release explaining aggregate indebtedness and net capital keep currently informed as to his net Rule 15c3-l (17 CFR 240.15c3-l) and the (and working papers in connection capital position and make a computation exemptions therefrom, discussing various therewith), financial statements, branch as often as necessary to Insure that his questions frequently presented under it, and containing an example of the com­ office reconciliations, and internal audit net capital position is adequate at all working papers, relating to the business times; but he must preserve only the putation of “net capital” by a hypo­ monthly computation mentioned above. thetical broker-dealer. Copies of this of such member, broker or dealer, as On the other hand, those brokers and release are being sent to all registered such. dealers whose capital position is substan­ brokers and dealers and copies will also ***** tially in excess of that required may omit be available at all the regional offices and (Secs. 17(a) and 23(a), 48 Stat. 897, 901, as detailed schedules and analyses in sup­ the Washington office of the Commis­ amended, 15 U.S.C. 78q and 78w) sion. port of the computation if they apply a By the Commission. more stringent application of the provi­ sions of the rule. For example, in the 1 This exemption is very strictly construed, [seal] Orval L. D uBois, and at the time of the publication of this Secretary. computation of “nest capital” in prepar­ release only two broker-dealers were able to ing a schedule of marketable securities, meet the requirements to obtain this exemp­ J anuary 18,1967. groupings in accordance with classifica­ tion. [FB. Doc. 67-734; Filed, Jan. 24, 1967; tions of subdivision (c) (2) (C) of Rule 2 See F.R. Doc. 67-735, supra. 8:45 a.m.j

FEDERAL REGISTER, VO L 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 865 eluding the Independent Natural Gas tiie payments. Since the independent Title 18— CONSERVATION OF Association of America, representing producers already will have received pipeline companies, and the Independent payment for this gas, we do not foresee POWER AND WATER RESOURCES Petroleum Association of America, rep­ any substantial harm to them by the im­ resenting producers, requested termina­ position of the requirement that con­ Chapter I—-Federal Power tion of the proceeding without any af­ tracts entered into after the effective date Commission firmative action. In addition, a number of this order shall contain makeup pro­ SUBCHAPTER E— REGULATIONS UNDER of pipeline companies, independent pro­ visions permitting the pipeline com­ NATURAL GAS ACT ducers, the Railroad Commission of the panies to make up prepaid gas within {Docket No. R-199; Order 334} State of Texas and the Kansas Corpora­ a minimum of 5 years from the date the tion Commission independently filed re­ prepayment is made. During the 5-year PART 154— RATE SCHEDULES AND sponses in opposition to the proposal. period before termination of the contract, TARIFFS Ten parties submitted responses suggest­ the makeup period will be shortened con­ PART 157— APPLICATIONS FOR CER­ ing substantial modifications to the pro­ sistent with the time remaining under posed rule. Included among them were the contract. TIFICATES OF PUBLIC CONVEN­ various distribution companies, inde­ In other respects we find that, at this IENCE AND NECESSITY AND FOR pendent producers and the Pennsylvania time, it is unnecessary that the remain­ ORDERS PERMITTING AND AP­ Public Utilities Commission. ing portions of our proposed rule become PROVING ABANDONMENT UNDER The Commission has carefully reviewed effective and We will terminate the pro­ SECTION 7 OF NATURAL GAS ACT the various comments and has considered ceeding as to them. the prepayment obligations of the pipe­ Since the initiation of the proposed Certain Daily-Contract-Quantity and line companies as they currently exist. rule in 1961, the Commission, in a num­ Makeup Provisions in Contracts While we maintain concern over the po­ ber of opinions and orders, has condi­ tential harm which could be caused by anuary tioned the issuance of numerous pro­ J 18,1967. an undue burden of excess prepayment Nonacceptability of contracts between ducer certificates making them subject balances, we are cognizant of the fact to the final outcome of Docket No. R- Independent producers and interstate that there are but a limited number of natural gas companies containing certain 199. Each of those producer certificates pipeline companies who currently have will be subject to the rule which is pre­ provisions in daily-contract-quantity and made prepayments to the same degree as take-or-pay-for clauses; Docket No. R- scribed herein. Amendments to the rate that prevalent in earlier years. Most schedules for each of these producers 199. companies have been able to reduce their On May 22, 1961, the Commission is­ should be filed within 60 days from the prepayment burdens. One major con­ issuance hereof to provide a makeup pe­ sued a notice of proposed rule making tribution to the alleviation of the burden in this proceeding (26 F.R. 4615), as riod of no less than 5 years in the event has been our relaxation of the 12-year there are prepayments for gas not taken amended on June 20,1961 (26 F.R. 5689), deliverability requirement for pipeline and as further amended on March 16, for those contracts which have provided companies, resulting from a change in a makeup period of less than 5 years. 1965 (30 F.R. 3715), wherein it proposed Commission policy (see § 2.61 of regula­ to limit provisions in rate schedules by tions, 18 CFR 2.61; promulgated by Or­ The Commission further finds in prohibiting the use of certain daily-con­ der No. 279, March 31, 1964, 31 FPC 750, view of the foregoing and upon consider­ tract-quantity and makeup provisions in 29 F.R. 4873). ation of all relevant matters presented, contracts for the sale for resale of nat­ A general application of the standards including the arguments, contentions, ural gas by independent producers in herein proposed would not necessarily suggestions, and other views expressed in interstate commerce. This rule was result in savings to consumers. Re­ the comments received, it is necessary Proposed primarily because of the poten­ sponses to the notice of proposed rule- and appropriate in the administration tial economic dangers posed by the pre­ making demonstrate that while certain of the Natural Gas Act that the regula­ payment positions of many pipeline com­ of the provisions might be beneficial as to tions under the Natural Gas Act be panies and the likelihood of higher gas specific pipeline companies, they would amended as herein provided. costs for consumers caused thereby, con­ not be desirable as to other pipeline com­ The Commission, acting pursuant to trary to the public interest. panies and the application of the stand­ the authority granted by the Natural Gas Comments were invited from interested ards might be such as to require invest­ Act, as amended, particularly sections 4, Persons and 42 replies to the amended ment by producers even in instances 5, 7, and 16 thereof (52 Stat. 822, 823, notice were received.1 Of these, 32, in- where not necessary. We have found 825, 830 ; 56 Stat. 83; 15 U.S.C. 717c, Amerada Petroleum Corp.; Ashland Oil that the proposals in this rulemaking 717d, 717f, and 717o), orders; and Refining Co.; Associated Gas Distribu­ proceeding have been complied with in (A) Part 154, Subchapter E, Regula­ as; Perry R. Bass; The California Co., a di­ many gas sales contracts and that in tions Under the Natural Gas Act, Chap­ vision of California Oil Co.; Cities Service other cases the specific pipeline com­ ter I, of Title 18 of the Code of Federal •. Cities Service Oil Co., Columbian Fuel panies purchasing gas either do not re­ Regulations, is amended by adding a new V°rp.; Columbia Gas System Co.; Consoli­ quire the proposed prepayment provisions § 154.103 and revising § 154.110 as fol­ dated Gas Supply Corp.; Continental Oil Co.; lows: p f 880 Natural Gas Co.; Forrest Oil Corp.; for efficient operation of their systems, u f Oil Corp.; Humble Oil and Refining Co.; or have entered into contracts with the § 154.103 Limitations on provisions in aunt interests; Independent Natural Gas As- producers which contain provisions meet­ rate schedules relating to makeup pe­ lation of America; Independent Petroleum ing their specific needs. Accordingly, riod for taking prepaid-for gas. ociation of America; Kansas Corporation most of the proposed provisions would fflmisslon; Kansas-Nebraska Natural Gas serve no valid purpose today. We do rec­ Contracts for the transportation or u 'l Kerr-McGee OU Industries, Inc.; ognize, however, that where pipeline com­ sale of natural gas, subject to the juris­ of .a^ on Oil Co.; Natural Gas Pipeline Co. panies have made prepayments for gas diction of the Commission, executed after / A“lerica; Northern Natural Gas Co.; Pan not taken, a broad approach to insure the February 1, 1967, will be rejected if they j^ericaa Petroleum Corp.; Panhandle Fast­ contain provisions precluding buyer from is Line Co-; Pennsylvania Public Util- ability of the companies to make up this ues commission; Philadelphia Gas Works prepaid gas is necessary. This approach receiving, at no additional charge per Phnv- °* Tile United Gas Improvement Co.; should be consistent with one which does Mcf, gas paid for but not taken at any of _,1PS Petroleum Co.; Railroad Commission not result in a substantial unjustified time during a period of at least 5 years e-.exas; She11 OU Co.; Sinclair Oil and Gas burden to the producer who must make immediately following payment for such Nal’ Mobil Oil Co., Inc.; Southern the gas available. We find that a length­ gas not taken, subject to contract pro­ Co- ®as ®un Oil Co.; Superior Oil visions to protect against drainage. If •• Tennessee Gas Transmission Co.; Tex- ening of the makup period to a m inim um of 5 years will provide relief for those the contract terminates before the end Texas Eastern Transmission Corp.; of the minimum 5-year makeup period, Transmission Corp.; Transconti- pipeline companies that might other­ Co • rr « M Pipeline Corp.; Trunkline Gas wise incur substantial prepayment bal­ a shorter makeup period, consistent with troieum

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 866 RULES AND REGULATIONS

§ 154.110 Applicability of §§ 154.92 Accordingly, § 10.17(1) is amended to (RS- 251» sec* 624* 46 stat- 759: 19 us.c. through 154.103. read as follows: 661 1624) Sections 154.92 through 154.103 shall § 10.17 Exemptions for returning resi­ [seal] Lester D. J ohnson, be applicable only to those persons spec­ dents. Commissioner of Customs. ified in § 154.91 and shall not apply to ***** Approved: January 16, 1967. small producer sales made under small (1) Replacements. (1) An article fur­ T rue D avis, producer certificates issued pursuant to nished by a foreign supplier to replace a § 157.40 of this chapter. Assistant Secretary like article of comparable value previ­ of the Treasury. ously exempted from duty under Item (B) Part 157 of the said Title 18 is [F.R. Doc. 67-873; Filed. Jan. 24, 1967; amended by revising Exhibit B in § 157.25 813.31, Tariff Schedules of the United 8:47 a.m.] to read as follows: States, shall be allowed free entry if the article previously exempted is found § 157.25 Necessary exhibits. by the importer to be unsatisfactory and There shall be filed * * * the follow­ is returned to customs custody and ex­ ing exhibits: ported under customs supervision at the Title 21— FOOD AND DRUGS ***** expense of the importer within 60 days Chapter I— Food and Drug Adminis­ Exhibit B. Contracts. Conformed copy of after its importation.25* A certificate of tration, Department of Health, Edu­ each contract for sale or transportation of gas registration on customs Form 4455 shall cation, and Welfare for which a certificate is requested: Provided, be issued to the importer with appro­ however, That contracts on file with the SUBCHAPTER B— FOOD AND FOOD PRODUCTS Commission in other proceedings may be in­ priate instructions as to its use when cluded by reference as heretofore provided the unsatisfactory article is exported for PART 121— FOOD ADDITIVES in 5 157.24(b); And provided further, That replacement under the provisions of Item acceptance of contracts hereunder shall not 813.40, Tariff Schedules of the United Subpart C— Food Additives Permitted be construed as approval of the rates therein States. in Feed and Drinking Water of An­ contained under Part 154 hereof or under the (2) In any case where the importer imals or for the Treatment of Food- Natural Gas Act. On or after April 2, 1962, has failed to return the unsatisfactory the application shall be rejected if any con­ article to customs custody for super­ Producing Animals tract submitted in support thereof contains any price-changing provisions other than vision of exportation, the district direc­ Subpart D— Food Additives Permitted those defined as permissible in § 154.93 of tor of customs may allow free entry of in Food for Human Consumption this chapter. The application will be re­ the replacement article if he is satis­ jected if any contract, executed after Febru­ fied that the unsatisfactory article was S ulfamethazine ary 1, 1967, submitted in support thereof timely exported and that the failure to contains any makeup provisions proscribed return it to customs custody was due to The Commissioner of Food and Drugs, by § 154.103 of this chapter. inadvertence or lack of experience in having evaluated the data submitted in (Secs. 4, 5, 7, 16, 52 Stat. 822, 56 Stat. 83; 15 customs matters and was without willful a petition (FAP 5D1770) filed by Norden U.S.C. 717c, 717d, 717f, and 717o) intent to avoid customs supervision. Laboratories, Inc., Lincoln, Nebr. 68501, (C) In all other respects the proceed­ (3) The requirement that the original and other relevant material, has con­ cluded that the food additive regulations ing herein is terminated. article be exported under customs super­ (D) The Secretary shall cause prompt vision does not apply when a duplicate should be amended to provide for the safe use of sulfamethazine sustained- publication of this order to be made in article is furnished by a foreign supplier release boluses for nonlactating cattle the F ederal Register. as a replacement for an article declared for entry under the $100 or $200 exemp­ for the treatment of specified conditions. By the Commission. tion and found by the customs inspector Therefore, pursuant to the provisions of Cseal] J oseph H. Gutride, or other examining officer to be so dam­ the Federal Food, Drug, and Cosmetic Secretary. aged as to constitute a nonimportation Act (sec. 409(c)(1), 72 Stat. 1786 ; 21 [F.R. Doc. 67-840; Filed, Jan. 24, 1967; (sec. 15.10 of this chapter). In such a U.S.C. 348(c)(1)), and under the au­ 8:45 a.m.j case, customs Form 4455 will be issued thority delegated to the Commissioner by to the importer at the time the deter­ the Secretary of Health, Education, and mination of nonimportation is made and Welfare (21 CFR 2.120), Part 121 is amended as follows: the duplicate replacement shall be con­ Title 19— CUSTOMS DUTIES 1. The following new section is added sidered to have been acquired abroad for to Subpart C: Chapter I— Bureau of Customs, the purposes of the $100 or $200 exemp­ Department of the Treasury tion provision, provided no charge is § 121.293 Sulfamethazine. [T.D. 67-43] made to the importer for such article. Sulfamethazine may be safely used in PART 10— ARTICLES CONDITIONALLY ***** the treatment of food-producing animals in accordance with the following con­ FREE, SUBJECT TO A REDUCED (Sec. 498, 46 Stat. 728, as amended; 19 U.S.C. 1498) ditions: RATE, ETC. Exemptions for Returning Residents; Quantity Limitations Indications for use Entry of Replacement Articles Sulfamethazine__ 22.5 gm. per bolus... In sustained-release bolus for oral For treatment of infectious Section 10.17(1), Customs Regulations administration to nonlactating diseases in which the causative cattle; one bolus per each ' organism is sensitive to sulta- pursuant to Item 813.40, Tariff Schedules 185-200 lb. of body weight; do methazine, and for the preven­ of the United States, as amended, au­ not slaughter for food within 15 tion of bacterial infections thorizes the duty-free importation of an days of treatment; for sale by associated with hemorrhagic or on the order of a licensed septicemia (shipping fever article furnished by a foreign supplier to veterinarian. complex). replace a like article of comparative value previously exempted from duty under § 121.1124 [Amended] with the Hearing Clerk, Department of Item 813.31 if the article previously Health, Education, and Welfare, Room exempted was exported in accordance 2. Section 121.1124 Sulfamethazine is 5440, 330 Independence Avenue SW., with the applicable provisions of the amended by changing the word “calves” Washington, D.C. 20201, written objec­ regulation. It has been decided that a to read “cattle”. certificate of registration, customs Form tions thereto, preferably in quintuplicate. 4455, may be issued to the importer at Any person who will be adversely af­ Objections shall show wherein the per­ the time the unsatisfactory articles are fected by the foregoing order may at any son filing will be adversely affected by exported for use upon the importation of time within 30 days from the date of its the order and specify with particularity the replacement articles. publication in the F ederal R egister file the provisions of the order deemed ob-

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 867 jectionable and the grounds for the ob­ not be filed directly with the U.S. De­ S c h e d u l e C—Continued jections. If a hearing is requested, the partment of Labor in Washington, D.C. Chassis Assemblers. objections must state the issues for the (b) Any alien seeking admission to the Chefs. hearing. A hearing win be granted if United States otherwise subject to the Clothes Designers. the objections are supported by grounds provisions of paragraph (a) of this sec­ Combination Welders. legally sufficient to justify the relief tion whose category of employment is Compositors. sought. Objections may be accompanied Coppersmiths, Ship. described in Schedule C may request a Cylindrical-Grinder Operators. by a memorandum or brief in support 212(a) (14) certification by filing a Form Dental-Laboratory Technicians. thereof. ES-575-A describing his qualifications Draftsmen. Effective date. This order shall be­ and may omit filing a Form ES-575-B Drop-Hammer Operators. come effective on the date of its publica­ describing his prospective employment in Electrical-Appliance Servicemen. Electrical-Instrument Repairmen. tion in the F ederal R egister. the United States. Instructions for fil­ ing in these circumstances are available Electrical Repairmen. (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. from U.S. Consular offices abroad and Electricians, Airplane. 348(c)(1)) Electric-Motor Repairmen. Embassies and Immigration and Natu­ Electrocardiograph Technicians. Dated: January 18, 1967, ralization Service offices. Such instruc­ Electroencephalograph Technicians. tions will where appropriate require J. K. K irk, Electronics Mechanics. aliens to indicate where they will reside. Form Builders, Aircraft. Associate Commissioner When the Consular offices abroad or the Gamma-Facilities Operators. for Compliance. Immigration and Naturalization Service Household-Appliance Repairmen. [F.R. Doc. 67-887; Filed, Jan. 24, 1967; send the ES-575-A’s to the Department Inspectors, Floor. 8:49 a.m.] of Labor, all sources of labor in the area Instrument Men, Aircraft Interior Decorators. of residence will be reviewed and cer­ Jewelers. tification will be issued depending on the Key-Punch Operators. circumstances at that time. If the local Linemen. Title 29— LABOR review shows workers are available, or Loftsmen, Ship. Subtitle A— Office of the Secretary that wages or working conditions will be Machinists. of Labor adversely affected, the certification will Maintenance Mechanics. not be issued. Applications should not Maintenance Men, Factory or Mill. PART 60— IMMIGRATION; AVAIL­ Medical Technologists. be sent directly to the U.S. Department of Milling-Machine Operators. ABILITY OF, AND ADVERSE EFFECT Labor by the alien. Millwrights. UPON, AMERICAN WORKERS (c) Schedule C is a list of occupations Nurses, Practical which have been found to be m short Office-Machine Servicemen. Miscellaneous Amendments supply generally, although not nation­ Orthoptists. wide as in Schedule A. Schedule C is Patternmakers, Plaster, Aircraft. In the December 23, 1966, issue of the Pipefitters, Ship. Federal Register (31 FJR. 16466), there reviewed continuously to be sure that the list will be kept current. If information Production Planners. was published a proposal to amend the Psychiatric Aides. above entitled regulations. Interested shows adverse effects are occurring from Radio-Repairmen. persons were invited to file statements of the use of immigrant workers, or if an Screw-Machine Operators, Production. data, views, or argument in regard to the adequate supply of qualified workers be­ Secretaries. proposal. After consideration of all comes available, the occupation will be Sheet-Metal Workers. removed from Schedule C promptly. Shipfitters. such relevant material as was presented, Shoe Repairmen. I have decided to and do hereby amend 29 2. Section 60.4 is amended by adding Skilled Garment Occupations, Master Tailors CFR Part 60 as set forth below. the phrase “or prospective employer” and Dressmakers. As the only function of this amend­ after the words “Any alien.” As Specialty Cooks. ment is to relieve a restriction upon im­ amended, this section would read as Stenographers. migration, delay in its effective date is follows: Stonecutters, Hand. not required (5 U.S.C. 553(c)). Accord­ Structural-Steel Workers. ingly, the amendment shall become effec­ § 60.4 Reconsideration or review by the Surgical Technicians. Secretary of Labor. Systems Engineers (Data-Processing). tive February 1,1967. Technicians, Engineering and Physical 1. Section 60.3 is revised to read as Any alien or prospective employer de­ Sciences. follows: nied a certification pursuant to § 60.3 Television Service-and-Repairmen. may request reconsideration or review by Template Makers, Aircraft. 8 60.3 Request for certification not cov­ the Secretary of Labor. Requests for re­ Test-Reactor Operators. ered by § 60.2. consideration or review should be made Tool-and-Die Makers. (a) Any alien, or person in his behalf, in writing to the Secretary of Labor, U.S. Tool-Grinder Operators. Department of Labor, Washington, D.C. Tool Planners. seeking admission to the United States Turret-Lathe Operators. under sections 101(a) (27) (A) (other 20210, and should set forth reasonable Watchmakers. than the parent, spouse, or child of a grounds therefor. Wheel-Alinement Mechanics. Jf-S. citizen or alien lawfully admitted 3. A new schedule C is added to the OCCUPATIONAL DEFINITIONS to the United States for permanent end of Part 60 to read as follows: residence), 203(a)(6), or 203(a)(8) ACCOUNTING CLERKS S c h e d u l e O whose category of employment is not in­ Post details of business transactions; total cluded in the certification Schedule A or i accounts, using adding machines; and com­ j^ncertification Schedule B described in Accounting Clerks. pute and record interest charges, refunds, s 60.2 or Schedule C referred to in para­ Aircraft-Assemblers-Installers, General. cost of lost or damaged goods, freight or ex­ Airplane Inspectors. press charges, rentals, and other similar items. graph (b) of this section may request Airplane Mechanics. “ 212(a) (14) certification by filing a Airplane Pilots, Commercial. (Six months training and six months experi­ rorm ES-575-A describing the alien’s Arc Welders. ence are generally necessary for satisfactory qualifications and a Form ES-575-B de- Assemblers, Subassemblies, Aircraft. work performance in this field.) cnbing his prospective employment in Assembly Mechanics, Experimental Aircraft. AIRCRAFT-ASSEMBLERS-INSTALLERS, GENERAL I e, united States. These forms and Automobile-Body Repairmen. nstructiqns concerning their use, corn­ Automobile Mechanics. Join wings and tail assemblies to fuselages Automobile Upholsterers. and install landing gears, power-plants, in' °i* and transmission may be ob- Bakers. n /hT *rom any consular office, any office Boring-Machine Operators. propellers, and equipment, such as doors, « J“.e Immigration and Naturalization Boring-Machine Set-Up Operators, Jig. windows, bulkheads, and control stand arma­ nin Ce> or any I°caI office of a State em- Boring-Mill Set-Up Operators, Horizontal. ment assemblies, according to specifications, yment service. These forms should Cabinetmakers. using wrenches, shears, drills, and rivet guns.

FEDERAL REGISTER, VOL 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 868 RULES AND REGULATIONS (Six months training and six months experi­ and pour batter into pans to make cakes. COMPOSITORS ence are generally necessary for satisfactory Place shaped dough in greased pans or bat­ Set type by hand and machine, and as­ work performance in this field.) ter in cake tins for baking in oven for speci­ semble type and cuts in a galley, for the fied period of time, adjusting controls to reg­ printing of articles, headings, and other a ir p l a n e in s p e c t o r s ulate temperature. Prepare and cook in­ printed matter, determining type, size, style, Examine airframes, engines, and operating gredients for pie fillings, puddings, custards, and compositional pattern from work order. equipment to insure that repairs are made or other desserts. (Three years training is (Six years training is generally necessary for according to specifications, and certify air­ generally necessary for satisfactory work per­ satisfactory work performance in this field.) formance in this field.) worthiness of aircraft. (Six years training COPPERSMITHS, SHIP is generally necessary for satisfactory work b o r in g - m a c h in e o p e r a t o r s performance in this field.) Lay out, cut, bend, and assemble pipe Set up and operate one or more boring sections, pipefittings, and other parts from AIRPLANE MECHANICS machines to bore, drill, mill, or ream metal copper, brass, and other nonferrous metals Service, repair, and overhaul aircraft and parts according to specifications, tooling in­ according to blueprints to construct or re­ aircraft engines to insure safety and air­ structions, standard charts, and knowledge pair ships and boats. (Pour years training worthiness. Involves such tasks as assem­ of boring procedures. (Six months training in generally necessary for satisfactory work bling wings, fuselages, landing gears, control and six months experience are generally performance in this field.) necessary for satisfactory work perfromance cables, and fuel and oil tanks, using a variety CYLINDRICAL-GRINDER OPERATORS of equipment; and testing engine operation, in this field.) using testing equipment, to replace worn or BORING-MACHINE SET-UP OPERATORS, JIG Set up and operate one or more external damaged parts. (Pour years training is gen­ grinding machines to grind external erally necessary for satisfactory work per­ Set up and operate machines to drill, bore, cylindrical and tapered surfaces of rotating formance in this field.) ream, or tap holes in metal workpieces, metal workpieces to blueprint specifications, such as jigs, fixtures, dies, or gages, accord­ following tooling instructions and standard AIRPLANE PILOTS, COMMERCIAL ing to knowledge of tooling and jig-boring charts, and applying knowledge of grinding Pilot airplanes to transport passengers, procedures. (Three years training is gen­ procedures. (Pour years training is gener­ mail, or freight, or for other commercial erally necessary for satisfactory work per­ ally necessary for satisfactory work per­ purposes. (Two years training is generally formance in this field.) formance in this field.) necessary for satisfactory work performance BORING-MILL SET-UP OPERATORS, HORIZONTAL DENTAL-LABORATORY TECHNICIANS in this field.) Set up and operate horizontal boring, Construct and repair dental appliances, ARC WELDERS drilling, and milling machines to perform such as crowns, inlays, and wire frames, ac­ Weld metal parts together, as specified machining operations, such as milling, cording to dentist’s prescriptions. (Pour by layout, diagram, work orders, or oral in­ drilling, boring and reaming, on metal work- years training is generally necessary for struction, using electric arc welding equip­ pieces, such as machine, tool, or die parts, satisfactory work performance in this field.) analyzing specifications and deciding on ment. (Two years training is generally nec­ DRAFTSMEN essary for satisfactory work performance in tooling according to knowledge of shop this field.) mathematics, metal properties, and machin­ Prepare clear, complete, and accurate ing procedures. (Three years training is working plans and detail drawings from ASSEMBLERS, SUBASSEMBLIES, AIRCRAFT generally necessary for satisfactory work per­ rough or detailed sketches or notes, engi­ Assemble parts, such as spars, ribs, and formance in this field.) neering ideas, specifications, and calculations of engineers, architects, and designers for braces to form structural subassemblies, such cabinetmakers as air foils, rudders, flaps, stabilizers, eleva­ use in building or manufacturing. (Four tors, ailerons, fins, fuselage tops and bulk­ Construct and repair wooden articles, such years training is generally necessary for heads, doorframes, doors and windows, ac­ as store fixtures, office equipment, cabinets, satisfactory work performance in this field.) cording to specifications. (One year’s train­ and high grade furniture, according to blue­ DROP-HAMMER OPERATORS prints or drawings, qsing woodworking ma­ ing is generally necessary for satisfactory Set up and operate closed-die drop-ham­ work performance in this field.) chines, and handtools. Trim parts of joints, bore holes, glue, fit, and clamp parts and mers to forge metal parts, following wors ASSEMBLY MECHANICS, EXPERIMENTAL subassemblies together to form complete order specifications and using measuring in­ AIRCRAFT unit. (Pour years training is generally struments and handtools. (Two years train­ ing is generally necessary for satisfactory Fabricate, assemble, and install parts and necessary for satisfactory work performance assemblies, such as armaments, power plants, in this field.) work performance in this field.) and plumbing and hydraulic systems in ex­ CHASSIS ASSEMBLERS ELECTRICAL-APPLIANCE SERVICEMEN perimental aircraft or missiles. (Two years training is generally necessary for satisfac­ Assemble chassis of electronic equipment, Install, service, and repair stoves, refrig­ tory work performance in this field.) such as radio and television receivers, elec­ erators, dishwashing machines, and other tric organs, and record players, using hand- electrical household appliances, using hana- AUTOMOBILE-BODY REPAIRMEN tools and power tools and following wiring tools and test meters and following wiring diagrams and manufacturer’s specifications. Repair damaged bodies and body parts of diagrams or sample assemblies. (Three automotive vehicles, such as automobiles and months training and six months experience (Three years training is generally necessary light trucks. (Pour years training is gen­ are generally necessary for satisfactory work for satisfactory work performance in tni erally necessary for satisfactory work per­ performance in this field.) field.) formance in this field.) CHEFS ELECTRICAL-INSTRUMENT REPAIRMEN AUTOMOBILE MECHANICS Supervise, coordinate, -and participate in Repair, calibrate, and test instruments, Repair and overhaul automobiles, buses, activities of cooks and other personnel en­ such as voltmeters, armmeters, resistance trucks, and other automotive vehicles. In­ gaged in preparing and cooking foods in bridges, galvanometers, temperature bridges, volves such tasks as repairing shock absorb­ hotel, restaurant, or other establishments. and temperature controlling and reooro ers and similar parts; relining or adjusting (Pour years training is generally necessary gages and instruments, using jewelers ha - brakes, alining front ends; and rewiring ig­ for satisfactory work performance in this tools, electricians’ tools, and measuring nition systems, lights, and instrument field.) struments. (Pour, years training is generally panels. (Pour years training is generally CLOTHES DESIGNERS necessary for satisfactory work performs necessary for .satisfactory work performance - in this field.) in this field.) Create designs and prepare patterns for ELECTRICAL REPAIRMEN new types and styles of men’s, women’s AUTOMOBILE UPHOLSTERERS and children’s wearing apparel or knitted Repair, maintain, and install elect* ^ Repair or replace upholstery in automo­ garments. (Pour years training is generally systems and equipment, such as mo. J biles, buses, and trucks. (Four years train- necessary for satisfactory work performance transformers, wiring, switches, and a ' ing is generally necessary for satisfactory in this field.) systems. (Four years training is gener i necessary for satisfactory work perform work performance in this field.) combination w e l d e r s in this field.) BAKERS Weld metal parts together according to ELECTRICIANS, AIRPLANE Prepare bread, rolls, pastries, muffins, bis­ layouts, blueprints, or work orders, using Install, adjust, and maintain electrical wir­ cuits, or other baked goods according to both gas welding or brazing and any com­ recipes in bakery, hotel, restaurant, or other ing, switches, and fixtures in a*rP * establishments. Measure and mix ingredi­ bination of arc welding processes. (Two (Three years training is generally neces.his ents to form dough or batter. Cut dough and years training is generally necessary for sat­ for satisfactory work performance w mold it into loaves or various desired shapes isfactory work performance in this field.) field.)

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 869

ELECTRIC-MOTOR REPAIRMEN JEWELERS MILLWRIGHTS Repair electric motors, generators, and ac­ Fabricate and repair various jewelry arti­ Install machinery and equipment according cessory equipment, such as starting devices cles, such as rings, brooches, pendants, to layout plans, blueprints, and other draw­ and switches, using handtools, power tools, bracelets, and lockets. (Three years train­ ings in an industrial establishment, using precision gages, and electrical test instru­ ing is generally necessary for satisfactory ihoists, lift trucks, handtools, and power ments. (Two years training is generally nec­ work performance in this field.) tools. (Four years training is generally essary for satisfactory work performance in necessary for satisfactory work performance this field.) K EY-PUNCH OPERATORS in this field.) Operate alphabetic and numeric key­ ELECTROCARDIOGRAPH TECHNICIANS punch machines, similar to operation to NURSES, PRACTICAL Record electromotive variations in action electric typewriters, to transcribe data from Assist in care of hospital patients, under of heart muscle, using electrocardiograph source material onto punch cards and pro­ direction of nursing and medical staff. In­ machines, to provide data for diagnosis of duce prepunched data. (Six months train­ volves such tasks as bathing and dressing bed heart ailments. (Two years training is gen­ ing and six months experience are generally patients; cleaning rooms and changing bed erally necessary for satisfactory work per­ necessary for satisfactory work performance linens; administering prescribed medications formance in this field.) in this field.) and making notations of amounts and quan­ LINEMEN tities; taking and recording temperatures, ELECTROENCEPHALOGRAPH TECHNICIANS pulses, and respiration rates; sterilizing Measure impulse frequencies and differ­ Erect wood poles and prefabricated light- equipment and, supplies, using germicides, duty metal towers, cables, and related equip­ sterilizers, or autoclaves; preparing food trays, ences in electrical potential between various ment to construct transmission and distribu­ portions of the brain, using equipment that feeding patients, and recording food and records data as a series of irregular lines on tion powerlines and to conduct electrical liquid intake and output. (Six months energy between generating stations, substa­ training and six months experience are gen­ a continuous graph to be used by medical tions, and consumers. (Pour years training practitioners in diagnosing brain disorders. erally necessary for satisfactory work per­ is generally necessary for satisfactory work formance in this field.) (Two years training is generally necessary performance in this field.) for satisfactory work performance in this OFFICE-MACHINE SERVICEMEN field.) LOFTSMEN, SHIP ELECTRONICS MECHANICS Repair and service office machines, such as Lay out lines of ship to full scale on mold- adding, accounting, calculating machines, Repair electronic equipment, such as com­ loft floor and construct templates and molds and typewriters, using handtools, power puters, industrial controls, radar Bystems, to be used as patterns and guides for layout tools, micrometers, ami welding equipment. telemetering and missile control systems, fabrication of various structural parts of (Pour years training is generally necessary transmitters, antennas, and servomech­ ships. (Pour years training is generally for satisfactory work performance in this anisms, following blueprints and manufac­ necessary for satisfactory work performance field.) turers’ specifications, and using handtools in this field.) ORTHOPTISTS and test instruments. (Pour years training is generally necessary for satisfactory work MACHINISTS Teach persons with correctable focusing performance in this field.) Set up and operate machine tools, and defects to develop and use binocular vision fit and assemble parts to make or repair metal (focusing of both eyes). Measure visual FORM BUILDERS, AIRCRAFT parts, mechanisms, tools, or machines, ap­ acuity, focusing ability, and eye-motor move­ Build forms, fixtures, or templates of wood, plying knowledge of mechanics, shop math­ ment of eyes, separately and jointly, using metal, or plastic for use in production of ematics, metal properties, and layout ma­ various equipment. (Two years training is airplanes, following blueprints. (Pour years chining procedures. (Pour year training is generally necessary for satisfactory work per­ training is generally necessary for satisfac­ generally necessary for satisfactory work per­ formance in this field.) tory work performance in this field.) formance in this field.) PATTERNMAKERS, PLASTER, AIRCRAFT GAMMA FACILITIES OPERATORS maintenance m e c h a n ic s Build plaster and clay patterns used for Irradiate materials in a gamma canal Repair and maintain, in accordance with making sand molds from which tools and (water-filled irradiating tank) for experi­ diagrams, sketches, operation manuals, and parts used in aircraft manufacturing are mental purposes, and receive and store spent manufacturer’s specifications, machinery cast. (Five years training is generally neces­ nuclear fuel elements and materials from and mechanical equipment, such as cranes, sary for satisfactory work performance in completed experiments. (Two years train­ pumps, engines, motors, pneumatic tools, this field.) ing is generally necessary for satisfactory conveyor systems, production machines, and work performance in this field.) automotive and construction equipment, PIPEFITTERS, SHIP using handtools, power tools, and precision­ Lay out, install, and maintain ships’ piping HOUSEHOLD-APPLIANCE REPAIRMEN measuring and testing instruments. (Four systems, such as steam heat and power, hot Repair gas and electric appliances and year training is generally necessary for satis­ water, hydraulic, air pressure, and oil lines, equipment, such as refrigerators, ranges, factory work performance in this field.) following blueprints, and using handtools washing machines, hot-water_heaters, toast­ maintenance m e n , f a c t o r y o r m i l l and shop machines. (Five years training is ers, and irons, using handtools. (Pour years generally necessary for satisfactory work per­ training is generally necessary for satisfac­ Repair and maintain machinery, plumbing, formance in this field.) tory work performance in this field.) physical structures, and electrical wiring and fixtures of commercial and industrial estab­ PRODUCTION PLANNERS INSPECTORS, FLOOR (MACHINE SHOPS) lishments in accordance with blueprints, Plan and prepare production schedules for Test or examine machinery parts, mate­ manuals, and building codes, using carpen­ manufacture of industrial or commercial rials, and assemblies at assembly, inspection, ters’, electricians’, and plumbers’ handtools. products. (Pour years training Is generally or machining stations in machine shops, to (Pour years training is generally necessary necessary for satisfactory work performance «sure conformance to blueprints or other for satisfactory work performance in this in this field.) specifications.^ (Two years training is gen­ field.) erally necessary for satisfactory work per­ m e d ic a l technologists PSYCHIATRIC AIDES formance in this field.) Apply technical knowledge in fields of Assist mentally ill patients, working under INSTRUMENT M EN, AIRCRAFT medicine and perform chemical, microscopic, direction of mu-sing and medical staff. In­ and bactériologie tests to provide data for volves such tasks as bathing, dressing, and Overhaul, repair, and test aircraft instru­ use in treatment and diagnosis of diseases, ments, using precision handtools and follow- grooming patients; accompanying patients usually under supervision of physician. to and from wards for treatment and exam­ ng blueprints, work orders, and manufac­ (Pour years training is generally necessary for turers’ specifications. (Pour years training satisfactory work performance in this field.) ination, and administering prescribed medi­ generally necessary for satisfactory work cations; encouraging patients to participate Performance in this field.) m i l l i n g - m a c h i n e o p e r a t o r s in social and recreational activities; observ­ INTERIOR DECORATORS Set up and operate one or more milling ing patients to insure that none wander machines to mill plane or curved surfaces on from grounds or to detect unusual behavior; Plan and design artistic interiors for metal workpieces, such as machine, tool, or and restraining or aiding them to prevent naes, hotels, ships, commercial and insti- die parts, according to specifications and de­ !™°nal structures, and other establish- ciding on tooling according to knowledge of injury to themselves or other patients. (Six j. nts’ (Pour years training is generally milling procedures. (Pour years training is months training and six months experience in +lSisaIy for satisfactory work performance generally necessary for satisfactory work per­ are generally necessary for satisfactory work h this field.) formance in this field.) performance in this field.)

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 870 RULES AND REGULATIONS

RADIO REPAIRMEN STONECUTTERS, HAND are used to study structure of atoms, deter­ Repair radio-receivers, phonographs, re­ Cut, shape, and finish granite, marble, mine properties of materials, and create corders, and other electronic-audio equip­ and/or other types of stone according to dia­ radioisotopes and radio-active fission prod­ ment, using circuit diagrams, test meters grams or patterns. (Three years training is ucts for research purposes. (Four years and handtools. (Four years training is gen­ generally necessary for satisfactory work per­ training is generally necessary for satisfac­ erally necessary for satisfactory work per­ formance in this field.) tory work performance in this field.) formance in this field.) TOOL-AND-DIE MAKERS STRUCTURAL-STEEL WORKERS SCREW-MACHINE OPERATORS, PRODUCTION Raise, place, and unite girders, columns, Analyze variety of specifications, lay out Tend one or more previously set up single- and other structural-steel members to form metal stock, set up and operate machine or-multiple spindle screw machines, equipped completed structures or structure frame­ tools, and fit and assemble parts to make and with automatic indexing and feeding mech­ works, working as members of a crew. (Four repair metalworking dies, cutting tools, jigs, anisms, to perform series of machining oper­ years training is generally necessary for sat­ fixtures, gages, and machinists’ handtools, ations on metal bar stock on production isfactory work performance in this field.) applying knowledge of tool and die designs basis. (Three months training and six and construction, shop mathematics, metal months experience are generally necessary SURGICAL TECHNICIANS properties, and layout, machining, and as- for satisfactory work performance in this Perform a variety of tasks before and dur­ semly procedures. (Four years training is field.) generally necessary for satisfactory work per­ ing operation to assist medical team. In­ formance in this field.) SECRETARIES volves such tasks as washing, shaving, and sterilizing operative area of patients; placing TOOL-GRINDER OPERATORS Schedule appointments, give information equipment and supplies in operating room to callers, take dictation, type, and otherwise according to surgeon’s directions, and ar­ Set up and operate grinding machines, relieve officials of clerical work and minor ranging instruments; maintaining supply of such as surface and universal, carbide, drill, administrative and business details. (Two specified fluids during operation; adjusting and tool-and-cutter grinders, to sharpen years training is generally necessary for lights and equipment as directed; and wash­ cutting tools to specifications, using knowl­ satisfactory work performance in this field.) ing and sterilizing used equipment. (Two edge of abrasives and metal properties. years training is generally necessary for sat­ (Four years training is generally necessary SHEET-METAL WORKERS isfactory work performance in this field.) for satisfactory work performance in this Fabricate, assemble, Install, and repair field.) SYSTEMS ENGINEERS (DATA-PROCESSING) sheet metal products and equipment, such as TOOL PLANNERS control boxes, drainpipes, ventilators, and Study information-assembling and filing furnace castings, according to job order or problems of establishments, plan suitable Determine tools, fixtures, and equipment blueprints. (Pour years training is generally punched-card procedure, and design card and to be used and plan Sequence of operations necessary for satisfactory work performance report forms. Revise and refine existing for fabrication and assembly of products, in this field.) such as airplane assemblies, automobile punched-card procedures in line with tech­ parts, cutting tools, and ball bearings. (Six shipfitters nical developments, and prepare instruction years training is generally necessary for Lay out and fabricate metal structural manuals covering use and maintenance of satisfactory work performance in this field.) parts, such as plates, bulkheads, and frames, machine. (Six years training is generally necessary for satisfactory work performance TURRET-LATHE OPERATORS and braces them in position within hull of in this field.) ship for riveting or welding to construct or Set up and operate turret lathes to per­ repair ships and boats. (Four years training TECHNICIANS, ENGINEERING AND PHYSICAL form series of machining operations, such as is generally necessary for satisfactory work SCIENCES turning, facing, boring, and tapping, on performance in this field.) metal workpieces, such as machine, tool, or Solve practical problems encountered in die parts, analyzing specifications and de­ s h o e r e p a ir m e n fields of specialization, such as those con­ cerned with development of electrical and ciding on tooling according to knowledge of Repair or refinish shoes, following custom­ electronic circuits, and establishment of test­ machining operations. (Four years train­ ers’ specifications, or according to nature of ing methods for electrical, electronic, elec­ ing is generally necessary for satisfactory damage, or type of shoe. (Three years train­ tromechanical, and hydromechanical devices work performance in this field.) ing is generally necessary for satisfactory and mechanisms. Apply engineering princi­ WATCHMAKERS work performance in this field.) ples and techniques to solve, design, develop, and modify problems of parts or assembles Repair, clean, and adjust mechanisms of SKILLED GARMENT OCCUPATIONS, MASTER TAILORS for products or> systems. Apply natural and instruments, such as watches, time-clocks, AND DRESSMAKERS physical science principles to basic or ap­ and timing switches, using handtools and measuring instruments. (Four years train­ Perform all tasks required to design and plied research problems in fields such as metallurgy, chemistry, and physics. Tech­ ing is generally required for satisfactory work produce finished made-to-measure garments nicians in these various fields work in direct performance in this field.) or perform equivalent tasks requiring tailor­ support of engineers and scientists, utilizing WHEEL-ALINEMENT MECHANICS ing skills in the manufacture or alteration theoretical knowledge of fundamental scien­ of readymade or tailored apparel. Such per­ tific, engineering, mathematical, or draft de­ Aline wheels, axles, frames, torsion bars, sons must be all-around skilled tailors capa­ sign principles. (Four years training is gen­ and steering mechanisms of automotive ve­ erally necessary for satisfactory work per­ hicles, such as automobiles, buses, and ble of performing all the tasks involved in formance in this field.) trucks. (Two years training is generally the tailoring or dressmaking crafts. (Five necessary for satisfactory work performance years training is generally necessary for sat­ TELEVISION SERVICE-AND-REPAIRMEN in this field.) isfactory work performance in this field.) Repair and adjust radios and television re­ n ceivers, using handtools and electronic test­ SPECIALTY COOKS Any person qualified as a professional or ing instruments. (Four years training is who has exceptional ability in the sciences Prepare, season, and cook soups, meats, veg­ generally necessary for satsfactory work per­ or arts and whose occupation is not listed etables, desserts, and other foodstuffs for formance in this field.) On Schedule A. (Certification requires full consumption in restaurants or other estab­ TEMPLATE MAKERS, AIRCRAFT documentation as defined in instructions lishments. (Three years training is general­ Design and fabricate templates of wood, for completion, of the Form 575-A.) ly necessary for satisfactory work perform­ paper, sheet metal, and plastic used for laying (79 Stat. 911) ance in this field.) out reference points and dimensions on metal plates, sheets, tubes and structural shapes Signed at Washington, D.C., this 20th STENOGRAPHERS for fabricating, welding, and assembling into day of January, 1967. Take dictation, in shorthand, of corres­ structural metal products. (Four years training is generally necessary for satisfac­ W. W illard Wirtz. pondence, reports, and other matter, and tory work performance in this field.) transcribe dictated material, using type­ Secretary of Labor. writer. (One year’s training and one year’s TEST-REACTOR OPERATORS [F.R. Doc. 67-676; Filed, Jan. 24, 1967; experience are generally necessary for satis­ Set up and control operation of nuclear 8:48 a.m.] factory work performance in this field.) reactors in which neutrons and gamma rays

FEDERAL REGISTER, V O L 32, NO. 16— WEDNESDAY, JANUARY 25. 1967 RULES AND REGULATIONS 871 commitment has drastically reduced the 1967 navigation season it has been de­ Title 46— SHIPPING available manpower resources for re­ termined that public rule making pro­ cruitment of replacement and needed cedure would be impractical and omis­ Chapter III— Great Lakes Pilotage Ad­ additional U.S. registered pilots on the sion thereof in the public interest. ministration, Department of Com­ Great Lakes. Therefore, notice is hereby given that merce A temporary suspension of the require­ the language requiring the necessary ex­ perience be,Within 5 years of the appli­ PART 401— GREAT LAKES PILOTAGE ment that the necessary experience be acquired within five years of date of ap­ cation is temporarily suspended; and REGULATIONS plication has been deemed necessary and from date of this publication until June Requirements for Training of desirable in the public interest in order 30, 1967, the language in § 401.211(a) (3) Applicant Pilot's to recruit applicant pilots apparently “* * * has within 5 years preceding available and otherwise qualified to meet date of application * * *” will not be The significant stabilization of the the substantial increased demand for applicable. number of licensed deck officer personnel pilotage services on Lake Ontario and Dated: January 10, 1967. employed on American Flag Great Lakes District No. 2. Fleet vessels over the past several years Because of the urgent need and the A. T. Meschter, and the concurrent increased demand time required to solicit and process ap­ Administrator. for licensed deck officer personnel on plications in time for such applicants to [F.R. Doc. 67-878; Filed, Jan. 24, 1967; vessels supporting the U.S. Viet Nam be available for training during the 8:48 a.m.J

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 No. 16—Pt. I- 872 Proposed Rule Making

The proposed instrument approach standard method for calculating radia­ FEDERAL AVIATION AGENCY procedure will be made effective concur­ tion for use in evaluating interference, rently with the designation of the pro­ coverage and overlap of mutually pro­ [ T4 CFR Part 71 1 posed transition area. hibited contours in the Standard Broad­ [Airspace Docket No. 66—CE—100] Specific details of this proposal and the cast Service; Docket No. 16222. approach procedure which it was devel­ 1. The Commission issued a notice of TRANSITION AREA oped to protect may be examined by con­ proposed rule making in the above en­ Proposed Alteration tacting the Chief,- Standards and Air­ titled matter on October 8, 1965. At the space Branch, Air Traffic Division, Fed­ request of the Association of Federal The Federal Aviation Agency is con­ eral Aviation Agency, 601 East 12th Communications Consulting Engineers sidering an amendment to Part 71 of the Street, Kansas City, Mo. 64106. (Association) and A. Earl Cullum, Jr. & Federal Aviation Regulations which Associates, the time for filing comments would alter controlled airspace in the Interested persons may submit such written data', views, or arguments as they on the proposal was extended to Janu­ Vandalia, 111., terminal area. may desire. Communications should be ary 14, 1967, and for reply comments, to The Vandalia, 111., transition area February 17, 1967. is presently designated as follows: submitted in triplicate to the Director, Central Region, Attention: Chief, Air 2. The Association now requests that That airspace extending upward from 1,200 Traffic Division, Federal Aviation Agency, the time for filing comments be extended feet above the surface within a 10-mile ra­ for an additional 6 months because of dius of the Vandalia Municipal Airport (lat­ Federal Building, 601 East 12th Street, new matters which have developed and itude 38°59'26” N., longitude 89°09'55" W.); Kansas City, Mo. 64106. All communica­ the necessity of exploring modified pro­ within 5 miles E and 8 miles W of the Van­ tions received within 45 days after pub­ cedures of computing MEOV and other dalia 003° and 183° radiais extending from lication of this notice in the F ederal matters relating to directive antenna the 10-mile radius area to 12 miles N of the R egister will be considered before action VOR; within an area bounded on the S by is taken on the proposed amendment. systems. These are presently being dis­ V-14N, on the NW by V-191, on the E by a No public hearing is contemplated at cussed with the Commission staff and line 8 miles W of and parallel to the 003° further conferences will be required. radial; and within an area bounded on the this time, but arrangements for informal 3. Under the circumstances, the N by V—14 and V-210, on the E by the arc conferences with Federal Aviation Commission is of the view that the ex­ of a 10-mile radius circle centered on the Agency officials may be made by con­ tension requested is justified: And ac­ Vandalia Municipal Airport, on the SW by tacting the Regional Air Traffic Division cordingly, it is ordered, This 12th day the arc of a 40-mile radius circle centered Chief. Any data, views, or arguments on the Scott APB, Belleville, 111. (latitude presented during such conferences must of January, 1967, that the time for filing 38°32'30” N., longitude 89°57'05'' W.); and also be submitted in writing in accord­ comments herein is extended from Jan­ that airspace extending upward from 3,000 ance with this notice in order to become uary 14, 1967, to July 14, 1967, and the feet MSL within an area bounded on the part of the record for consideration. time for filing reply comments is ex­ W by V-191, on the E by V-313, and on the The proposal contained in this notice tended from February 17, 1967, to Au­ S by a line 12 miles N of the Vandalia VOR. gust 14, 1967. may be changed in the light of com­ 4. This action is taken pursuant to The Federal Aviation Agency, having ments received. completed a comprehensive review of authority found in sections 4(i), 5(d) (1) The public docket will be available for and 303 (r) of the Communications Act the terminal airspace structural require­ examination by interested persons in the ments in the Vandalia, 111., terminal of 1934, as amended, and § 0.281(d) (8) Office of the Regional Counsel, Federal of the Commission’s rules. area, as the result of the development of Aviation Agency, Federal Building, 601 a VOR/DME public use instrument ap­ East 12th Street, Kansas City, Mo. 64106. Released: January 20, 1967. proach procedure at the Vandalia Munic­ ipal Airport, utilizing the Vandalia VOR- This amendment is proposed under F ederal Communications TAC as a navigational aid, proposes the the authority of section 307(a) of the Commission, following airspace action: Federal Aviation Act of 1958 (49 U.S.C. [seal] B en F. W aple, Redesignate the Vandalia, 111., transi­ 1348). Secretary. tion area as that airspace extending up­ Issued at Kansas City, Mo., on Janu­ [F.R. Doc. 67-881; Filed, Jan. 24, 1967; ward from 1,200 feet above the surface ary 6, 1967. 8:48 a.m.] within a 10-mile radius of the Vandalia E dward C. Marsh, Municipal Airport (latitude 38°59'26" N., Director, Central Region. [ 47 CFR Part 73 1 longitude 89°09'55" W.) ; and within a [Docket No. 17108; FCC 67-87] 14-mile radius of the Vandalia VORTAC; [F.R. Doc. 67-829; Filed, Jan. 24, 1967; and that airspace extending upward 8:45 a.m.] TELEVISION BROADCAST CHAN­ from 3,000 feet MSL within an area NELS; TABLE OF ASSIGNMENTS bounded on the W by V-191, on the E by V-313 and on the S by the arc of a 14- Proposed Replacement of Short- mile radius circle centered on the Van­ FEDERAL COMMUNICATIONS Spaced Assignment at Lake City, dalia VORTAC. Fla. The proposed 1,200 foot floor transi­ COMMISSION tion area will provide controlled airspace [ 47 CFR Part 73 1 1. A recent examination of the table protection for aircraft during the por­ of assignments for UHF television broad­ tion of the approach procedure executed [Docket No. 16222] cast channels revealed that Channel 34 above 1,500 feet above the surface. This assigned to Lake City, Fla., does not meet STANDARD METHOD FOR CALCU­ the minimum geographic separation re­ transition area in conjunction with the LATING RADIATION 3,000-foot MSL floor transition area will quirement with respect .to Channel ¿u provide more efficient radar service to Order Extending Time for Filing assigned to Gainesville, Fla. The geo­ aircraft. Comments graphic separation should be at least The floors of the airways that traverse 60 miles. The actual distance between the transition area proposed herein will In the matter of amendment of Part the standard reference point in Lake City automatically coincide with the floors of 73 of the Commission rules to specify, and the standard reference point m the transition area. in lieu of the existing MEOV concept, a Gainesville is only 40.263 miles.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 PROPOSED RULE MAKING 873

2. A further study shows that Channel deleting Channel 47 from Lansing, Mich., written comments, reply comments, or 41 may be substituted for Channel 34 in and substituting therefor Channel 36. other appropriate pleadings. Lake City in full compliance with all re­ 4. Pursuant to applicable procedures 5. In accordance with the provisions of quired geographic separations and con­ set out in § 1.415 of the Commission § 1.419 of the rules, an original and 14 sistent with the efficiency criteria used rules, interested parties may file com­ copies of all written comments, replies, in creating the overall assignment plan. ments on or before February 27, 1967, pleadings, briefs, or other documents Therefore, Channel 41 is considered to and reply comments on or before March shall be furnished the Commission. be the preferred assignment. 10, 1967. All submissions by parties to Adopted: January 18,1967. 3. Accordingly, pursuant to the au­ this proceeding or by persons acting in thority contained in sections 4(i), 303, behalf of such parties must be made in Released: January 20,1967. and 307(b) of the Communications Act written comments, reply comments or F ederal Communications of 1934, as amended, it is proposed to other appropriate pleadings. Commission, amend the Table of Assignments in 5. In accordance with the provisions of [seal] B en F. Waple, § 73.606(b) of the Commission rules by § 1.419 of the rules, an original and 14 Secretary. deleting Channel 34 from Lake City, Fla., copies of all written comments, replies, pleadings, briefs, or other documents [F.R. Doc. 67-884; Filed, Jan. 24, 1967; and substituting therefor Channel 41. 8:48 a.m.] 4. Pursuant to applicable procedures shall be furnished the Commission. set out in § 1.415 of the Commission Adopted: January 18,1967. rules, interested parties may file com­ Released: January 20,1967. t 47 CFR Part 73 1 ments on or before February 27, 1967, [Docket No. 17111, RM-1050; FCC 67-90] and reply comments on or before March F ederal Communications 10, 1967. All submissions by parties to Commission, UHF TELEVISION BROADCAST this proceeding or by persons acting in [seal] B en F. Waple, CHANNEL behalf of such parties must be made in Secretary. Table of Assignments; Crossville, written comments, reply comments or [F.R. Doc. 67-883; Filed. Jan. 24, 1967; other appropriate pleadings. 8:48 a.m.] Tenn. 5. In accordance with the provisions 1. On October 20, 1966, Millard V. of § 1.419 of the rules, an original and Oakley Broadcasting Co. filed a peti­ 14 copies of all written comments, re­ [ 47 CFR Part 73 ] tion for rule making (RM-1050) request­ plies, pleadings, briefs, or other docu­ [Docket No. 17110; FCO 67-89] ing the assignment of Channel 20 or ments shall be furnished the Commis­ some other suitable UHF television sion. ■ TELEVISION BROADCAST CHAN­ broadcast channel to Crossville, Tenn. Adopted: January 18, 1967. NELS; TABLE OF ASSIGNMENTS In support thereof, the petitioner states that Crossville is a rapidly growing com­ Released: January 20, 1967. Proposed Replacement of Short- munity with a 1960 population of 4,668 F ederal Communications Spaced Assignment at Temple, Tex. and estimated to have risen to 6,000 in Commission, 1966. According to the petitioner, Cross­ [seal] B en F. W aple, 1. A recent examination of the table ville enjoys a highly diversified economy Secretary. of assignments for UHF television broad­ from truck farming and a local cannery cast channels revealed that Channel 28 to a '■extile mill, housetrailer factory, [F.R. Doc. 67-882; Filed, Jan. 24, 1967; assigned to Temple, Tex., does not meet 8:48 a.m.] rubber products plant, Carter Ink plant, the minimum geographic separation re­ woodworking and furniture factories. quirement with respect to the transmit­ With two airports, golf courses, several [ 47 CFR Part 73 ] ter site of KHFI-TV, Channel 42, Austin, lake developments, and a State Park Tex. The geographic separation should nearby, Crossville is rapidly becoming [Docket No. 17109; FOC 67-88] be at least 60 miles. The actual distance known as one of the finest resort areas in TELEVISION BROADCAST CHAN­ between the standard reference point in Tennessee. Crossville has daily airline Temple and the transmitter site of NELS; TABLE OF ASSIGNMENTS service at one of its modern airports and KHFI-TV is only 59.064 miles. the Federal Aviation Agency maintains a Proposed Replacement of Short- 2. A further study shows that Channel full-time Flight Service and Weather Spaced Assignment at Lansing, Mich. 46 may be substituted for Channel 28 in Station there. The petitioner states that Temple in full compliance with all re­ if a UHF channel is assigned to Crossville 1. A recent examination of the table quired geographic separations and con­ he will promptly file an application for of assignments for UHF television broad­ sistent with the efficiency criteria used authority to construct and operate a TV cast channels revealed that Channel 47 in creating the overall assignment plan. broadcast station thereon. assigned to Lansing, Mich., does not meet Although the shortage between Channel 2. Crossville is located in east-central the minimum geographic separation re­ 28 at Temple and Channel 42 at Austin Tennessee, approximately 65 miles west quirement with respect to the transmit­ is relatively small, retention of Channel of Knoxville, 65 miles north of Chatta­ ter site of WXON, Channel 62, Detroit, 28 in Temple would restrict the choice of nooga, and 120 miles east of Nashville, Mich. The geographic separation should a transmitter site to a location north of Tenn. Although it is beyond the Grade be at least 75 miles. The actual distance the city. Therefore, Channel 46 is con­ B contours of the Knoxville and Chatta­ between the standard reference point in sidered to be the preferred assignment. nooga TV stations it apparently relies Lansing ; and the transmitter site of 3. Accordingly, pursuant to the au­ heavily upon direct reception from those WXON is only 65.635 miles. thority contained in sections 4 (i), 303, two cities. The 1966 edition of the TV 2. A further study shows that Channel and 307(b) of the Communications Act Factbook does not list any CATV system 36 may be substituted for Channel 47 in of 1934, as amended, it is proposed to for Crossville. Southeastern Broad­ Lansing in full compliance with all re­ amend the Table of Assignments in casting Corp., licensee of WBIR-TV, quired geographic separations and con­ § 73.606(b) of the Commission rules by Channel 10, Knoxville, Tenn., operates a sistent with the efficiency criteria used deleting Channel 28 from Temple, Tex., 1-watt VHF translator on Channel 7 at jn creating the overall assignment plan. and substituting therefor Channel 46. Crossville. Therefore, Channel 36 is considered to 4. Pursuant to applicable procedures 3. Channel 20 is already assigned to be the preferred assignment. set out in § 1.415 of the Commission Crossville and reserved for educational 3 -Accordingly, pursuant to the au­ rules, interested parties may file com­ use as a part of the Tennessee statewide thority contained in sections 4(i), 303, ments on or before February 27, 1967, educational TV broadcasting system. and 307(b) of the Communications Act and reply comments on or before March Therefore, it is not available to the °f 1934, as amended, it is proposed to 10, 1967. All submissions by parties to petitioner. However, an examination of amend the Table of Assignments in this proceeding or by persons acting in assignment possibilities at Crossville § 73.606(b) of the Commission rules by behalf of such parties must be made in shows that Channel 55 may be assigned

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 874 PROPOSED RULE MAKING with geographic flexibility for the selec­ 2. Kenosha Is located between Chi­ tion of a transmitter site of at least 10 cago and Milwaukee, on the shores of FEDERAL RESERVE SYSTEM miles cochannel and 5 miles on the “ta­ Lake Michigan, approximately 35 miles I 12 CFR Part 213 1 boo” channels. Crossville is in an area from Milwaukee and 50 miles from Chi­ where available but unassigned channels cago. It is within the Grade A .contour FOREIGN ACTIVITIES OF NATIONAL are considered to be adequate. Under the of the three Milwaukee VHF commercial BANKS circumstances, the institution of rule stations and just beyond the Grade A making appears warranted. contour of the Milwaukee UHF com­ Notice of Proposed Rule Making 4. Accordingly, pursuant to the au­ mercial station. It is also within the A notice of proposed rule making con­ thority contained in sections 4(i), 303, Grade B contour of the Chicago VHF and cerning adoption by the Board of Gover­ and 307(b) of the Communications Act UHF stations. Despite this fact, there nors of the Federal Reserve System of of 1934, as amended, it is proposed to are 4 pending applications for CATV a revision of Part 213 (Reg. M)—Foreign amend the Table of Assignments in § 73.- franchises in Kenosha according to the Branches of National Banks—pursuant 606(b) of the Commission rules by as­ 1966 edition of the TV Factbook. Kefio- to section 25 of the Federal Reserve Act signing Channel 55 to Crossville, Tenn. sha is only about 10 miles from Racine, (12 U.S.C. 601-604(a)) was published Wis., a somewhat larger city with a 1960 in the F ederal R egister on August 16, 5. Pursuant to applicable procedures population of 89,144. In a “saturated” set out in § 1.415 of the Commission rules, 1966. That notice afforded interested assignment plan, Kenosha would nor­ persons an opportunity to submit data, interested parties may file comments on mally warrant an assignment in spite of or before February 27, 1967, and reply views, or arguments pertaining thereto its proximity to Racine. However, in not later than September 20, 1966. comments on or before March 10, 1967. the present unsaturated plan, only one All submissions by parties to this pro­ After consideration of the comments channel was placed in this general area and views submitted, the Board of Gov­ ceeding or by persons acting in behalf of because the effect of heavy ‘‘overshadow­ such parties must be made in written ernors has amended the proposed re­ ing” by Milwaukee and Chicago TV sta­ vision. The major amendments to the comments, reply comments, or other ap­ tions and the demand for channels could propriate pleadings. previous notice are those increasing the not be accurately evaluated. In view of aggregate percentage which a national 6. In accordance with the provisions the apparent demand that has developed, bank may invest in foreign banks of § 1.419 of the rules, an original and the institution of rule making appears (§213.4), and deleting the restrictions 14 copies of all written comments, replies, warranted. on loans or extensions of credit by na­ pleadings, briefs, or other documents 3. We have examined the assignment tional banks to foreign banks contained shall be furnished the Commission. possibilities at Kenosha based on a cur­ in § 213.5 of the prior notice of proposed Adopted: January 18,1967. rent computer printout of available rulemaking. channels below Channel 70 and find that If § 213.5 is finally adopted, the Board Released: January 20,1967. any 3 out of 4 available channels may be also proposes to make a conforming F ederal Communications assigned in the area. Using the criteria amendment to Part 211 (Reg. K) by de­ Commission, employed in developing the overall UHF leting § 211.9(d). [ seal] B en F. Waple, assignment plan it is found that Channel The proposed amended revision of Secretary. 55 may be assigned with geographic flexi­ Part 213 is as follows: bility of at least 10 miles cochannel and [F.R. Doc. 67-885; Filed, Jan. 24, 1967; PART 213— FOREIGN ACTIVITIES OF 8:48 a.m.] 5 miles on the “taboo” channels and would have the least impact on other NATIONAL BANKS1 available assignments within 165 miles Sec. I 47 CFR Part 73 1 of Kenosha. 213.1 Authority and scope. 4. Accordingly, pursuant to the au­ 213.2 Definitions. [Docket No. 17112, RM-1053; PCC 67-96] thority contained in sections 4(i), 303 213.3 Foreign branches. and 307(b) of the Communications Act 213.4 Acquisition and holding of stock in UHF TELEVISION BROADCAST of 1934, as amended, it is proposed to foreign banks. CHANNEL 213.5 Loans or extensions of credit to for­ amend the Table of Assignments in eign banks. § 73.606(b) of the Commission rules by 213.6 Conditions. Table of Assignments; Kenosha, Wis. assigning Channel 55 to Kenosha, Wis. 1. On October 24, 1966, Perry John 5. Pursuant to applicable procedures § 213.1 Authority and scope.1* Anderson filed a petition for rule making set out in § 1.415 of the Commission rules, Pursuant to authority conferred upon requesting the assignment of Channel 61 interested parties may file comments on it by section 25 of the Federal Reserve to Kenosha, Wis. In support thereof, or before February 27, 1967, and reply Act2 (the “Act”), as amended (12 U.S.C. the petitioner notes that Channel 61 was comments on or before March 10, 1967. 601-604a), the Board of Governors of the at one time assigned to Kenosha but was All submissions by parties to this pro­ Federal Reserve System (the “Board”) not included in the revised assignment ceeding or by persons acting in behalf of prescribes the following regulations re­ table for UHF channels adopted as a such parties must be made in written lating to (a) foreign branches of na­ result of the proceedings in Docket No. comments, reply comments or other ap­ tional banks, (b) the acquisition and 14229. The petitioner asserts that he propriate pleadings. holding of stock in foreign banks by wishes to construct a television broadcast 6. In accordance with the provisions national banks, and (c) loans or ex­ station in Kenosha but cannot do so un­ of § 1.419 of the rules, an original and 14 tensions of credit to or for the account less the Commission reinstates Channel copies of all written comments, replies, of such foreign banks by national banks. 61. Petitioner recognizes that he could pleadings, briefs, or other documents § 213.2 Definitions. apply for Channel 49, currently assigned shall be furnished the Commission. to Racine, Wis., and available to Kenosha For the purposes of this part— under the so-called “15.mile rule”, but Adopted: January 18,1967. does not wish to do so because there are Released: January 20,1967. 1 The text corresponds to the Code of Fed­ already two pending applications for eral Regulations, Title 12, Chapter II, Part that channel in Racine. The petitioner F ederal Communications 213; cited as 12 CFR Part 213. The subject estimates the present population of Commission,1 matter of this part is in addition to tha [seal] B en F. W aple, contained in 12 CFR Part 211 (Reg. K). Kenosha to be approximately 75,000 and Secretary. Insofar as provisions of Federal law ar recites statistics concerning average in­ concerned, the provisions of this part app 7 dividual income, industrial and commer­ [FJ&. Doc. 67-886; Filed, Jan. 24, 1967; to State member banks of the F ederal Re­ cial activities, educational and recrea­ 8:48 a.m.] serve System as well as to national banks. tional facilities and transportation a Pertinent portions of this section ar systems serving the city. 1 Commissioner Wadsworth absent. printed in the appendix.

FEDERAL REGISTER, VO L 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 PROPOSED RULE MAKING 875

(a) “Foreign branch” means any the preceding year-end call report date aggregate amount invested directly in branch established by a national bank (or on the date of such acquisition in the the stock or other evidences of ownership pursuant to section 25 of the Act. case of a newly-established branch of all foreign banks, taken together with (b) “Foreign country” or “country” which has not so reported); investments by the national bank in the means any foreign nation or colony, de­ (4) Underwrite, distribute, buy, and shares of corporations operating under pendency, or possession thereof, any sell obligations of the national govern­ section 25 of the Act or organized under overseas territory, dependency, or insular ment of the country in which it is lo­ section 25(a) of the Act, shall not exceed possession of the United States, or the cated; 4 but not bank may hold, or be 25 percent of the national bank’s capital Commonwealth of Puerto Rico. under commitment with respect to, obli­ and surplus. Nothing contained in this (c) “Foreign bank” means a bank or­ gations of such a government as a result part shall prevent the acquisition and ganized under the law of a foreign coun­ of underwriting, dealing in, or purchas­ holding of stock or other evidence of try arid not engaged, directly or in­ ing for its own account in an aggregate ownership in a foreign bank where such directly, in any activity in the United amount exceeding 10 percent of its acquisition is necessary to prevent a loss States except as, in the judgment of the capital and surplus; upon a debt previously contracted in Board of Governors of the Federal Re­ (5) Take liens or other encumbrances good faith; but such stock or other serve System, shall be incidental to the on foreign real estate in connection with evidences of ownership shall be disposed international or foreign business of such its extensions of credit, whether or not of within 12 months from the date of ac­ foreign bank. of first priority and whether or not such quisition unless such time is extended by § 213.3 Foreign branches. real estate is improved or has been ap­ the Board. praised, and without regard to the ma­ (b) Limitations. (1) Stock or other (a) Establishing foreign branches. A turity or amount limitations or amor­ evidences of ownership in a foreign bank foreign branch may be established with tization requirements of section 24 of the shall be disposed of as promptly as prac­ prior Board permission. If a national Act (12 U.S.C. 371); ticable if (i) such bank should engage bank has established a branch in a (6) Extend credit to an executive offi­ in the business of underwriting, selling, foreign country, it may, unless other­ cer of the branch in an amount not to or distributing securities in the United wise advised by the Board, establish exceed $50,000 or its equivalent in order States or (ii) the national bank is ad­ other branches in that country after to finance the acquisition or construc­ vised by the Board that its holding is in­ thirty days’ notice to the Board with tion of living quarters to be used as his appropriate under section 25 of the Act respect to each such branch. residence abroad, provided each such or this part. The terms “stock”, (b) Further powers of foreign credit extension is promptly reported to “shares”, and “evidences of ownership” branches. In addition to its other its home office; in this section include any right to ac­ powers, a foreign branch may, subject to (7) Pay to any officer or employee of quire stock, shares, or evidences of own­ paragraph (c) of this section and § 213.6 the branch a greater rate of interest on ership. and so far as usual in connection with deposits than that paid to other deposi­ (c) Required information. A nation­ the transaction of the business of bank­ tors on similar deposits with the branch. al bank applying for the consent of the ing in the places where it shall transact (c) Limitations. y Nothing in para­ Board to acquire and hold stock or other business: graph (b) of this section shall authorize evidences of ownership in a foreign bank (1) Guarantee customers’ debts or a foreign branch to engage in the general pursuant to this section shall furnish otherwise agree for their benefit to make business of producing, distributing, buy­ full information concerning such for­ payments on the occurrence of readily ing, or selling goods, wares, or merchan­ eign bank including (unless previously ascertainable events,3 if the guarantee or dise or, except as permitted by paragraph furnished): (1) The cost, number, and agreement specifies its maximum mone­ (b) (4) of this section, to engage or par­ class of shares to be acquired, and the tary liability thereunder; but, except to ticipate, directly or indirectly, in the proposed carrying value of such shares the extent secured with respect thereto, business of underwriting, selling, or dis­ on the books of the national bank; (2) no national bank may have such liabili­ tributing securities. recent balance sheet and income state­ ties outstanding (i) in an aggregate (d) Suspending operations during dis­ ment of the foreign bank; (3) brief de­ amount exceeding 50 percent of its capi­ turbed conditions. The officer in charge scription of the foreign bank’s business tal and surplus or (ii) for any customer of a foreign branch may suspend its (including full information concerning in excess of the amount by which 10 operations during disturbed conditions any direct or indirect business trans­ percent of its capital and surplus exceeds which, in his judgment, make conduct acted in the United States); (4) lists the aggregate of such customer’s “obli­ of such operations impracticable; but of directors and principal officers (with gations” to it which are subject to any every effort shall be made before and address and principal business affiliation limitation under section 5200 of the Re­ during such suspension to serve its de­ of each) and of all shareholders known vised Statutes (12 U.S.C. 84) ; positors and customers. Full informa­ to the issuing bank holding 10 percent (2) Accept drafts or bills of exchange tion concerning any such suspension or more of any class of the foreign bank's drawn upon it, which shall be treated as shall be promptly reported to the stock or other evidences of ownership, “commercial drafts or bills” for the pur­ branch’s home office, which shall im­ and the amount held by each; and (5) poses of paragraphs (c), (d), and (e) of mediately send a copy thereof to the information concerning the rights and § 203.1 of Part 203 of this chapter (Reg. Board through the Federal Reserve privileges of the various classes of shares C); i“' Bank of its district. outstanding. (3) Acquire and hold securities (in­ § 213.4 Acquisition and holding of stock (d) Reports. (1) A national bank cluding certificates or other evidences of in foreign banks. shall immediately inform the Board ownership or participation) of the cen­ through the Federal Reserve Bank of its tral bank, clearing houses, governmental (a) General. With the prior consentdistrict with respect to any acquisition entities, and development banks of the of the Board, and subject to the provi­ or disposition of stock in a foreign bank country in which it is located, unless sions of section 25 of the Act and this including the cost and number of shares after such an acquisition the aggregate part, a national bank may acquire and acquired pursuant to this section. amount invested by the branch in such hold directly or indirectly® the stock or (2) When requested by the Board, a securities (exclusive of securities held as other evidences of ownership in one or more foreign banks: Provided, That the national bank shall cause any foreign required by the law of that country or bank controlled by it (i) to make reports as authorized under section 5136 of the to the Board at such time and in such Revised Statutes (12 U.S.C. 24)) would * Including obligations issued by any form as the Board may prescribe; and exceed 1 percent of its total deposits on agency or instrumentality, and supported by the full faith and credit, of such government. (ii) to submit to examination by exam­ 6 However, prior consent of the Board is iners selected or auditors approved by 3 Including, but limited to, such types of not required hereunder for indirect acquisi­ events as nonpayment of taxes, rentals, cus- tions in the stock of foreign banks made the Board. The cost of such examina­ t°ms duties, or costs of transport and loss or pursuant to the general consent provisions tions shall be fixed by the Board and nonconformance of shipping documents. of § 211.8(a) (Reg. K). paid by the national bank.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 876 PROPOSED RULE MAKING

§ 213.5 Loans or extensions of credit to receive from the Board, and such bank terested persons are invited to submit foreign banks. shall immediately comply therewith. relevant data, views, or arguments. Al­ (a) A national bank which holds di­ (b) The Board may.from time to timethough such material may be sent di­ rectly or indirectly4 stock or other require a national bank to make reports rectly to the Board, it is preferable that evidences of ownership in a foreign bank at such time and in such form as the it be sent to the Federal Reserve Bank of may make loans or extensions of credit Board may prescribe regarding the ex­ the district, which will forward it to the to or for the account of such foreign ercise of any power hereunder and to Board for consideration. All such ma­ bank without regard to the provisions of terial should be submitted in writing to section 23A of the Act. submit information regarding compli­ ance with this part. be received not later than the 10th day of § 213.6 Conditions. This notice is published pursuant to February 1967. (a) The continued or prospective ex­section 553 of title 5, United States Code, Dated at Washington, D.C., this 19th ercise of any power under this part shall and section 1(b) of the Rules of Proce­ day of January 1967. be subject to any notice interpreting or dure of the Board of Governors of the By order of the Board of Governors. applying it that a national bank may Federal Reserve System (12 CFR [ seal] Merritt Sherman, 262.1(b)). • Whether through a corporation operating Secretary. under section 25 of the Act or organized To aid in the consideration of this [F.R. Doc. 67-842; Filed, Jan. 24, 1967; under section 25(a) of the Act, or otherwise. matter by the Board of Governors, in­ 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 877 Notices

(a) Licenses and permits to graze or provements and determine the value of DEPARTMENT OF JUSTICE trail livestock. such improvements. (3) Permits or cooperative agreements (b) Grazing leases. Office of Alien Property to construct and/or maintain range im­ (d) Soil and moisture conservation. GEORG HIRSCHFELDT provements and determine the value of Sec. 3.8 Forest management. T h e such improvements. Area Manager may take all actions on: Notice of Intention To Return Vested (b) Grazing leases. (a) Dispose of or permit the use of Property (d) Soil and moisture conservation. forest products when authorized by law (e) Controlled brush burning. In ac­ on lands under the jurisdiction of the Pursuant to section 32(f) of the Trad­ cordance with plans and specifications Bureau of Land Management under ap­ ing With the Enemy Act, as amended, approved by the State Director. notice is hereby given of intention to re­ plicable portions of 43 CFR. This au­ S ec. 3.8 Forest management. The thority does not include sale of forest turn, on or after 30 days from the date of Area Manager may take all actions on: publication hereof, the following prop­ products exceeding $100 in value. (a) Dispose of or permit the use of S ec. 3.9 Land use. The Area Man­ erty, subject to any increase or decrease forest products when authorized by law ager may take all actions on: resulting from the adminstration thereof on lands under the jurisdiction of the (g) Material other than forest prod­ prior to return, and after adequate pro­ Bureau of Land Management under ap­ ucts not exceeding $100 in value. vision for taxes and conservatory ex­ plicable portions of 43 CFR. This au­ penses: This order will become effective upon thority does not include sale of forest publication in the F ederal R egister. Claimant, Claim No., Property, and Location products exceeding $100 in value. N yles L. Humphrey, Georg Hirschfeldt, Apartado de Correos, S ec. 3.9 Land use. The Area Man­ 421, Malaga, Spain; Claim No. 63971; Vesting ager may take all actions on: District Manager. Order No. 4229; $81.24 in the Treasury of the (g) Material other than forest prod­ Approved: December 29, 1966. United States. ucts not exceeding $100 in value. Harold Tysk, Executed at Washington, D.C., on Jan­ (m) Grant logging road rights-of- State Director. uary 19, 1967. way over public and acquired land pur­ suant to 43 CFR 2234.2-3 (a) (2). [F.R. Doc. 67-844; Filed, Jan. 24, 1967; For the Attorney General. 8:46 a.m.] Edward G. S tauber, B arkfoot Sanders, District Manager. Assistant Attorney General, AREA MANAGERS, LEWISTOWN Civil Division, Director, Of­ Approved: December 29, 1966. DISTRICT, MONT. fice of Alien Property. H arold T ysk, Redelegation of Authority IF.R. Doc. 67-828; Filed, Jan. 24, 1967; State Director. 8:45 a.m.] [F.R. Doc. 67-843; Filed, Jan. 24, 1967; In accordance with Bureau Order No. 8:46 a.m.] 701 dated July 23,1964, as amended, the Area Managers of the Judith, Black Butte, and Roundup Resource Areas of DEPARTMENT OF THE INTERIOR AREA MANAGERS, MALTA DISTRICT, the Lewistown District, Mont., are MONT. authorized to perform in their respective Bureau of Land Management areas of responsibility, in accordance Redelegation of Authority AREA MANAGERS, MISSOULA with existing policies and regulations of DISTRICT, MONT. In accordance with Bureau Order No. this Department and under the direct 701 dated July 23, 1964, as amended, the supervision of the District Manager, the Redelegation of Authority Area Managers of the Glacier, Blaine, functions fisted below, subject to the In accordance with Bureau Order No. Phillips, and Valley Resource Areas of limitation set forth in Bureau Order No. 701 dated July 23, 1964, as amended, the the Malta District, Mont., are authorized 701, as amended, together with any limi­ Area Managers of the Missoula and to perform in their respective areas of tations specified below: responsibility, in accordance with exist­ Helena Resource Areas of the Missoula Authority in S pecified Matters District, Mont., are authorized to per­ ing policies and regulations of this De­ form in their respective areas of respon­ partment and under the direct super­ S ec. 3.3 Fiscal affairs. The Area sibility, in accordance with existing poli­ vision of the District Manager, the func­ Manager may take all action on: cies and regulations of this Department tions listed below, subject to the (d) Trespass: Determine liability and and under the direct supervision of the limitation set forth in Bureau Order No. accept damages for trespass on the pub­ District Manager, the functions listed 701,. as amended, together with any lic land and dispose of resources in tres­ below, subject to the limitation set forth limitations specified below. pass cases for not less than the appraised in Bureau Order No. 701, as amended, Authority in S pecified Matters value thereof when the amount involved together with any limitations specified does not exceed $500. below: Sec. 3.3 Fiscal affairs. The Area S ec. 3.7 Range management. The Manager may take all action on: Area Manager may take all the fisted Authority in S pecified Matters (d) Trespass: Determine liability and actions on: Sec. 3.3 Fiscal affairs. The Area accept damages for trespass on the public (a) Licenses to graze or trail livestock. Manager may take all action on: land and dispose of resources in trespass (3) Permits or cooperative agreements (d) Determine liability and acceptcases for not less than the appraised to construct and/or maintain range im­ damages for trespass on the public lands value thereof when the amount involved provements and determine the value of and dispose of resources recovered in does not exceed $500. such improvements. trespass cases for not less than the ap­ S ec. 3.7 Range management. T h e (b) Grazing leases. praised'value thereof when the amount Area Manager may take all the listed (d) Soil and moisture conservation. involved does not exceed $500. actions on: S ec. 3.8 Forest management. The Sec. 3.7 Range management. The (a) Licenses to graze or trail livestock. Area Manager may take all actions on: Area Manager may take all the listed ac­ (3) Permits or cooperative agreements (a) Dispose of or permit the use of tions on:. to construct and/or maintain range im­ forest products when authorized by law

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 878 NOTICES on lands under the jurisdiction of the This order will become effective upon [OR 898 (WASH.) ] Bureau of Land Management under ap­ publication in the F ederal R egister. WASHINGTON plicable portions of 43 CFR. This au­ L. M. Laitala, thority does not include sale of forest District Manager. Notice of Proposed Withdrawal and products exceeding $100 in value. Reservation of Land S ec. 3.9 Land use. The Area Man­ Approved: December 29, 1966. January 16, 1967. ager may take all actions on: H arold Tysk, (g) Material other than forest prod­ State Director. The Forest Service, U.S. Department ucts not exceeding $100 in value. of Agriculture, has filed an application, [F.R. Doc. 67-846; Filed, Jan. 24, 1967; Serial Number OR898 (Wash.), for the This order will become effective upon 8:46 a.m.] publication in the F ederal R egister. withdrawal of the public lands described below, from all forms of appropriation Garth M. Colton, AREA MANAGERS, DILLON DISTRICT, under the mining laws (Ch. 2, 30 U.S.C.) District Manager. but not from leasing under the mineral MONT. Approved: December 29, 1966. leasing laws. Redelegation of Authority The applicant desires the land in order H arold T ysk, to protect the Klip Chuck Campground State Director. In accordance with Bureau Order No. area for public recreational use and to [F.R. Doc. 67-845; Filed, Jan. 24, 1967; 701 dated July 23, 1964, as amended, the safeguard the Government’s present and 8:46 a.m.] Area Managers of the Lewis and Clark, future investments in the area. and Sacajawea Resource Areas of the For a period of 30 days from the date Dillon District, Mont., are authorized to of publication of this notice, all persons AREA MANAGERS, MILES CITY perform in their respective areas of re­ who wish to submit comments, sugges­ DISTRICT, MONT. sponsibility, in accordance with existing tions, or objections in connection with policies and regulations of this Depart­ the proposed withdrawal may present Redelegation of Authority ment and under the direct supervision their views in writing to the undersigned In accordance with Bureau Order No. of the District Manager, the functions officer of the Bureau of Land Manage­ 701 dated July 23, 1964, as amended, the listed below, subject to the limitation ment, Department of the Interior, 729 Area Managers of the Big Dry, Prairie, set forth in Bureau Order No. 701, as Northeast Oregon Street, Post Office Box Powder River Resource Areas, and Little amended, together with any limitations 2965, Portland, Oreg. 97208. Beaver and Makotapi Project Areas, of specified below: The authorized officer of the Bureau the Miles City District, Mont., are au­ Authority in S pecified Matters of Land Management will undertake such thorized to perform in their respective investigations as are necessary to deter­ areas of responsibility, in accordance S ec. 3.3 Fiscal affairs. The Area mine the existing and potential demand with existing policies and regulations of Manager may take all action on: for the lands and their resources. He this Department and under the direct (d) Trespass: Determine liability and will also undertake negotiations with the supervision of the District Manager, the accept damages for trespass on the public applicant agency with the view of ad­ functions listed below, subject to the land and dispose of resources in trespass justing the application to reduce the area limitation set forth in Bureau Order No. cases for not less than the appraised to the minimum essential to meet the 701, as amended, together with any limi­ value thereof when the amount involved applicant’s needs, to provide for the max­ tations specified below: does not exceed $500. imum concurrent utilization of the lands S ec. 3.7 Range management. The Authority in S pecified Matters for purposes other than the applicant’s, Area Manager may take all listed action to eliminate lands needed for purposes S ec. 3.3 Fiscal affairs. The Area on: more essential than the applicant’s, and Manager may take all action on: (a) Licenses to trail or graze livestock to reach agreement on the concurrent (d) Trespass: Determine liability and except conflicting or adverse decisions. management of the lands and their re­ accept damages for trespass on the pub­ (3) Permits or cooperative agreements sources. lic land and dispose of resources in tres­ to construct and/or maintain range im­ He will also prepare a report for con­ pass cases for not less than the ap­ provements and determine the value of sideration by the Secretary of the Inte­ praised value thereof when the amount such improvements. rior who will determine whether or not involved does not exceed $500. (b) Grazing leases, except conflicting the lands will be withdrawn as requested S ec. 3.7 Range management. The or adverse decisions. by the Forest Service. Area Manager may take all the listed (d) Soil and moisture conservation. The determination of the Secretary on actions on: S ec. 3.8 Forest management. The the application will be published in the (a) Licenses to graze or trail livestock. Area Manager may take all action on: F ederal R egister. A separate notice will (3) Permits or cooperative agree­ (a) Dispose of or permit the use of be sent to each interested party of record. ments to construct and/or maintain forest products when authorized by law If circumstances warrant it, a public on lands under the jurisdiction of the range improvements and determine the hearing will be held at a convenient time value of such improvements. Bureau of Land Management under ap­ plicable portions of 43 CFR. This au­ and place which will be announced. (b) Grazing leases. thority does not include sale of forest The lands involved in the application (d) Soil and moisture conservation. products exceeding $100 in value. are: S ec. 3.8 Forest management. The S ec. 3.9 Land use. The Area Man­ W il l a m e t t e M e r id ia n Area Manager may take all actions on: ager may take all actions on: OKANOGAN NATIONAL FOREST (a) Dispose of or permit the use of (g) Material other than forest prod­ ucts not exceeding $100 in value. Klip Chuck Campground forest products when authorized by law T. 36 N., R. 19 E., unsurveyed (Protraction ap­ on lands under the jurisdiction of the This order will become effective upon publication in the F ederal R egister. proved Jan. 9, 1964, filed May li 1964), Bureau of Land Management under ap­ Sec. 29, Sy2NWi4; plicable portions of 43 CFR. This au­ R. McEldery, Sec. 30, NE%NE*4. District Manager. thority does not include sale of forest The area described aggregates 120 products exceeding $100. Approved: December 29,1966. acres. Erling A. Olson, S ec. 3.9 Land use. The Area Man­ arold ysk H T , Chief, Lands Adjudication Section. ager may take all actions on: State Director. (g) Material other than forest prod­ [F.R. Doc. 67-847; Filed, Jan. 24, 1967; [F.R. Doc. 67-848; Filed, Jan. 24, 1967, ucts not exceeding $100 in value. 8:46 a.m.] 8:46 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 879

Fish and Wildlife Service A brochure containing a map and in­ President of the United States by the formation about these units may be ob­ Secretary of the Interior, regarding the CHUPADERA, INDIAN WELL, AND tained from the Regional Director, Bu­ desirability of including the Island Bay LITTLE SAN PASCUAL UNITS reau of Sport Fisheries and Wildlife, Unit in the National Wilderness Preser­ Post Office Box 3737, Portland, Oreg. vation System. The Unit consists of ap­ Notice of Public Hearing Regarding 97208. proximately 20 acres within the Island Wilderness Study Individuals or organizations may ex­ Bay National Wildlife Refuge, and is Notice is hereby given in accordance press their oral or written views by ap­ located in Charlotte County, State of with provisions of the Wilderness Act of pearing at this hearing, or may sub­ Florida. September 3, 1964 (P.L. 88-577; 78 Stat. mit written comments for inclusion in A brochure containing a map and in­ 890, 892; 16 U.S.C. 1131, 1132), that a the official record to the Regional Direc­ formation about the Island Bay Unit may public hearing will be held beginning at tor at the above address by March 28, be obtained from the Refuge Manager, 9 am. on March 29,1967, at the National 1967. Chassahowitzka National Wildlife Ref­ Guard Armory on Highway 60 about J ohn S. Gottschalk, uge, Route 1, Box 153, Homosassa, Fla. one-half mile southwest of Socorro, So­ Director, Bureau of 32646, or the Regional Director, Bureau corro County, N. Mex., on a study lead­ Sport Fisheries and Wildlife. of Sport Fisheries and Wildlife, 809 ing to a recommendation to be made to J anuary 23,1967. Peachtree-Seventh Building, Atlanta, the President of the United States by Ga. 30323. [F.R. Doc. 67-943; Filed, Jan. 24, 1967; the Secretary of the Interior, regarding 8:50 a.m.] Individuals or organizations may ex­ the desirability of including the Chupa­ press their oral or written views by ap­ dera, Indian Well, and Little San Pas­ pearing at this hearing, or they may sub­ cual study areas in the National Wilder­ CEDAR KEYS UNIT mit written comments for inclusion in ness Preservation System. The study the official record to the Regional Di­ units consist of a total of approximately Notice of Public Hearing Regarding rector at the above address by April 7, 37,735 acres within the Basque del Apache Wilderness Study 1967. National Wildlife Refuge, and are located Notice is hereby given in accordance J ohn S. Gottschalk, in Socorro County, State of New Mexico. with provisions of the Wilderness Act of Director, Bureau of A brochure containing a map and in­ Sport Fisheries and Wildlife. formation about the Chupadera, Indian September 3, 1964 (P.L. 88-577; 78 Stat. Well, and Little San Pascual units may 890, 892; 16 U.S.C. 1131, 1132), that a J anuary 23,1967. be obtained from the Refuge Manager, public hearing will be held beginning at [F.R. Doc. 67-945; Filed, Jan. 24, 1967; Bosque del Apache National Wildlife 9 a.m. on April 7,1967, at the Don Ce-Sar 8:50 a.m.] Refuge, Post Office Box 278, San Antonio, Office Building, St. Petersburg Beach, N. Mex. 87832, or the Regional Director, Pinellas County, Fla., on a study leading to a recommendation to be made to the MICHIGAN ISLANDS Bureau of Sport Fisheries and Wildlife, President of the United States by the Post Office Box 1306, Albuquerque, Secretary of the Interior, regarding the Notice of Public Hearing Regarding N. Mex. 87103. Wilderness Study Individuals or organizations may ex­ desirability of including the Cedar Keys press their oral or written view by ap­ Unit in the National Wilderness Preser­ Notice is hereby given in accordance pearing at this hearing, or they may sub­ vation System. The Unit consists of ap­ with provisions of the Wilderness Act of mit written comments for inclusion in proximately 378 acres within the Cedar September 3, 1964 (P.L. 88-577; 78 Stat. the official record to the Regional Direc­ Keys National Wildlife Refuge, and is 890, 892: 16 U.S.C. 1131, 1132), that a tor at the above address by March 29, located in Levy County, State of Florida. public hearing will be held beginning at A brochure containing a map and in­ 9 a*m. on March 29, 1967, at the County 1967. : formation about the Cedar Keys Unit J ohn S. Gottschalk, Fairgrounds, Petoskey, Emmet County, may be obtained from the Refuge Man­ Mich., on a study leading to a recommen­ Director, Bureau of ager, Chassahowitzka National Wildlife Sport Fisheries and Wildlife. dation to be made to the President of the Refuge, Route 1, Box 153, Homosassa, United States by the Secretary of the In­ January 23,1967. Fla. 32646, or the Regional Director, Bu­ terior, regarding the desirability of in­ jP.R. Doc. 67-942; Filed, Jan. 24, 1967; reau of Sport Fisheries arid Wildlife, 809 cluding the Michigan Islands Unit in the 8:50 a.m.] Peachtree-Seventh Building, Atlanta, National Wilderness Preservation Sys­ Ga. 30323. tem. The Unit consists of approxi­ Individuals or organizations may ex­ mately 12 acres within the Michigan Is­ COPALIS, QUILLAYUTE NEEDLES, AND press their oral or written views by ap­ FLATTERY ROCKS NATIONAL WILD­ lands National Wildlife Refuge, and is pearing at this hearing, or they may sub­ located in Charlevoix and Alpena Coun­ LIFE REFUGES mit written comments for inclusion in ties, State of Michigan. the official record to the Regional Direc­ Notice of Public Hearing Regarding tor at the above address by April 7,1967. A brochure containing a map and in­ Wilderness Study formation about the Michigan Islands J ohn S. Gottschalk, Unit may be obtained from the Refuge Notice is hereby given in accordance Director, Bureau of Manager, Shiawassee National Wildlife with provisions of the Wilderness Act of Sport Fisheries and Wildlife. Refuge, Rural Route No. 1, Saginaw, September 3, 1964 (P.L. 88-577; 78 Stat. J anuary 23,1967. Mich., or the Regional Director, Bu­ 890, 892; 16 U.S.C. 1131, 1132), that a reau of Sport Fisheries and Wildlife, Public hearing will be held beginning at [F.R. Doc. 67-944; Filed, Jan. 24, 1967; 1006 West Lake Street, Minneapolis, 9 a.m. on March 28, 1967, at the VFW 8:50 a.m.j Minn. 55408. Hall, 105% East Heron, Aberdeen, Grays Individuals or organizations may ex­ Harbor County, Wash., on a study lead­ ISLAND BAY UNIT press their oral or written views by ap­ ing to a recommendation to be made to pearing at this hearing, or they may sub­ the President of the United States by the Notice of Public Hearing Regarding mit written comments for inclusion in Secretary of the Interior, regarding the Wilderness Study the official record of the hearing to the desirability of including Copalis, Flat­ Regional Director at, the above address tery Rocks, and Quillayute Needles Na­ Notice is hereby given in accordance by March 29, 1967. tional Wildlife Refuges in the National with provisions of the Wilderness Act of Wilderness Preservation System. Copa- September 3, 1964 (P.L. 88-577; 78 Stat. J ohn S. G ottschalk, hs Refuge contains approximately 5 acres 890, 892; 16 U.S.C. 1131, 1132), that a Director, Bureau of i? Grays Harbor County; Flattery public hearing will be held beginning at Sport Fisheries and Wildlife. Rocks Refuge 125 acres in Clallam Coun­ 9 a.m. on April 7,1967, at the Don Ce-Sar ty; and Quillayute Needles Refuge com­ Office Building, St. Petersburg Beach, January 23, 1967. prises 117 acres in Clallam and Jefferson Pinellas County, Fla., on a study leading [F.R. Doc. 67-946; Filed, Jan. 24, 1967; bounties, State of Washington. to a recommendation to be made to the 8:50 am.] FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 No. 16—Pt. I- 5 880 NOTICES

PASSAGE KEY UNIT pearing at this hearing, or they may sub­ plies, equipment, and services in con­ mit written comments for inclusion in the formity with applicable regulations and Notice of Public Hearing Regarding official record to the Regional Director at statutory authority and availability of Wilderness Study the above address by April 5, 1967. allotted funds. This authority may be exercised by the Assistant Superintend­ Notice is hereby given in accordance J ohn S. G ottschalk, ent for all areas under the administra­ with provisions of the Wilderness Act of Director, Bureau of tive jurisdiction of the Superintendent. September 3, 1964 (P.L. 88-577; 78 Stat. Sport Fisheries and Wildlife. 2. Administrative Officer. The Admin­ 890, 892; 16 U.S.C. 1131, 1132), that a J anuary 23,1967. istrative Officer may execute, approve, public hearing will be held beginning at [F.R. Doc. 67-948; Filed, Jan. 24, 1967; and administer contracts not in excess 9 a.m. on April 7, 1967, at the Don Ce- 8:50 a.m.] of $50,000 for construction, supplies, Sar Office Building, St. Petersburg Beach, equipment, and services in conformity Pinellas County, Fla., on a study leading with applicable regulations and statutory to a recommendation to be made to the THREE ARCH ROCKS AND OREGON authority and availability of allotted President of the United States by the ISLANDS N A TIO N A L WILDLIFE funds. This authority may be exercised Secretary of the Interior, regarding the by the Administrative Officer for all areas desirability of including the Passage Key REFUGES under the administrative jurisdiction of Unit in the National Wilderness Preser­ the Superintendent. vation System. The Unit consists of ap­ Notice of Public Hearing Regarding 3. General Supply Specialist. The proximately 20 acres within the Passage Wilderness Study General Supply Specialist may execute, Key National Wildlife Refuge, and is lo­ Notice is hereby given in accordance approve, and administer contracts not cated in Manatee County, State of with provisions of the Wilderness Act of in access of $25,000 for construction, Florida. September 3, 1964 (P.L. 88-577; 78 Stat. supplies, equipment, and services in con­ A brochure containing a map and in­ 890, 892; 16 U.S.C. 1131, 1132), that a formity with applicable regulations and formation about the Passage Key Unit public hearing will be held beginning at statutory authority and availability of may be obtained from the Refuge Man­ 9 a.m., on April 4, 1967, at the Audito­ allotted funds. This authority may be ager, Chassahowitzka National Wildlife rium, Extension Service Building, 950 exercised by the General Supply Special­ Refuge, Route 1, Box 153, Homosassa, West 13th Avenue (immediately west of ist for all areas under the administrative Fla. 32646, or the Regional Director, Bu­ Fairgrounds), in Eugene, Lane County, jurisdiction of the Superintendent. reau of Sport Fisheries and Wildlife, 809 Oreg., on a study leading to a recpm- 4. District Park Rangers. The Dis­ Peachtree-Seventh Building, Atlanta, mendation to be made to the President trict Park Rangers in grades GS-9 and Ga. 30323. of the United States by the Secretary of above may issue purchase orders not in Individuals or organizations may ex­ the Interior, regarding the desirability excess of $300 for supplies and equip­ press their oral or written views by ap­ of including Three Arch Rocks and Ore­ ment in conformity with applicable reg­ pearing at this hearing, or they may sub­ gon Islands National Wildlife Refuges in ulations and statutory authority and sub­ mit written comments for inclusion in the National Wilderness Preservation ject to availability of allotted funds. the official record to the Regional Direc­ System. Three Arch Rocks consists of 5. Construction and Maintenance Rep­ tor at the above address by April 7, 1967. approximately 17 acres in Tillamook resentatives. Construction and Mainte­ nance Representatives in grades GS-9 J ohn S. Gottschalk, County, Oreg.; Oregon Islands Refuge comprises 21 acres in Curry County, and above may issue purchase orders not Director, Bureau of in excess of $300 for supplies and equip­ Sport Fisheries and Wildlife. Oreg. A brochure containing a map and in­ ment in conformity with applicable J anuary 23, 1967. formation about these areas may be ob­ regulations and statutory authority and [F.R. Doc. 67-947; Filed, Jan. 24, 1967; tained from the Refuge Manager, Wil­ subject to availability of allotted funds. 8:50 am.] liam L. Finley National Wildlife Refuge, 6. Foremen III. Foremen III may Route 2, Box 208, Corvallis, Oreg. 97330, issue purchase orders not in excess of $300 for supplies and equipment in con­ PELICAN ISLAND. UNIT or the Regional Director, Bureau of Sport Fisheries and Wildlife, Post Office Box formity with applicable regulations and Notice of Public Hearing Regarding 3737, Portland, Oreg. 97208. statutory authority and subject to avail­ ability of allotted funds. Wilderness Study Individuals or organizations may ex­ 7. Revocation. This order supersedes press their oral or written views by ap­ Order No. 5 which was issued March 25, Notice is hereby given in accordance pearing at this hearing, or they may sub­ with provisions of the Wilderness Act of mit written comments for inclusion in 1963. September 3, 1964 (P.L. 88-577; 78 Stat. the official record to the Regional Di­ (National Park Service Order No. 34 (31 FB. 890, 892; 16 U.S.C. 1131, 1132), that a 4255), as amended; 39 Stat. 535, 16 U.S.C., public hearing will be held beginning at rector at the above address by April 4, sec. 2; Southeast Region Order No. 4 (31 FB. 9 a.m., on April 5, 1967, at the New Com­ 1967. 8135)) » - J ohn S. G ottschalk, munity Building, Vero Beach, Indian Director, Bureau of Dated: December 20,1966. River County, Fla., on a study leading to Sport Fisheries and Wildlife. a recommendation to be made to the Malcolm Gardner, President of the United States by the J anuary 23, 1967. Superintendent, Secretary of the Interior, regarding the [F.R. Doc. 67-949; Filed, Jan. 24, 1967; Natchez Trace Parkway. desirability of including the Pelican Is­ 8:50 a.m.] [F.R. Doc. 67-849; Filed, Jan. 24, 1967; land Unit in the National Wilderness 8:46 a.m.] Preservation System. The Unit consists of approximately 616 acres within the National Park Service Office of the Secretary Pelican Island National Wildlife Refuge, [Order No. 6] and is located in Indian River County, EDWARD T. AUGUSTINE State of Florida. NATCHEZ TRACE PARKWAY A brochure containing a map and in­ Statement of Changes in Financial Assistant Superintendent et al.; Dele­ formation about the Pelican Island Unit Interests may be obtained from the Refuge Man­ gation of Authority Regarding Con­ ager, Merritt Island National Wildlife tracts for Supplies, Equipment or In accordance with the requirements of section 710(b) (6) of the Defense Pro­ Refuge, Box 956, Titusville, Fla. 32780, Services or the Regional Director, Bureau of Sport duction Act of 1950, as amended, ana Fisheries and Wildlife, 809 Peachtree- 1. Assistant Superintendent. The As­Executive Order 10647 of November Seventh Building, Atlanta, Ga. 30323. sistant Superintendent may execute, ap­ 1955, the following changes have taken Individuals or organizations may ex­ prove, and administer contracts not in place in my financial interests during tn press their oral or written views by ap­ excess of $100,000 for construction, sup­ past 6 months:

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 881

(1) No change. This statement is made as of January JOHN P. MADGETT (2) No change. 5, 1967. (3) No change. Statement of Changes in Financial (4) No change. Dated: January 5,1967. Interests This statement is made as of Janu­ Vivan B. J ones. In accordance with the requirements ary 5,1967. [F.R. Doc. 67-853; Filed, Jan. 24, 1967; of section 710(b) (6) of the Defense Pro­ Dated: January 5,1967. 8:46 a.m.j duction Act of 1950, as amended, and Executive Order 10647 of November 28, Edward T. Augustine. 1955, the following changes have taken [F.R. Doc. 67-850; Filed, Jan. 24, 1967; GEORGE V. KENNEDY place in my financial interests during the 8:46 a.m.] Statement of Changes in Financial past 6 months: Interests (1) No change. LORAN A. EISELE (2) No changes. In accordance with the requirements (3) No changes. Statement of Changes in Financial of section 710(b) (6) of the Defense Pro­ (4) No changes. duction Act of 1950, as amended, and Interests Executive Order 10647 of November 28, This statement is made as of January In accordance with the requirements 1955, the following changes have taken 15, 1967. of section 710(b) (6) of the Defense Pro­ place in my financial interests during Dated: January 16,1967. duction Act of 1950, as amended, and the past 6 months : J ohn P. Madgett. Executive Order 10647 of November 28, (1) None. 1955, the following changes have taken (2) None. [F.R. Doc. 67-857; Filed, Jan. 24, 1967; place in my financial interests during the (3) None. 8:47 a.m.] past 6 months: (4) None. (1) No change. This statement is made as of January CLARENCE WILBUR MAYOTT (2) No change. 11,1967. (3) No change. Statement of Changes in Financial (4) No change. Dated: January 11,1967. Interests This statement is made as of Janu­ George V. K ennedy. In accordance with the requirements ary 6,1967. [F.R. Doc. 67-854; Filed, Jan. 24, 1967; of section 710(b) (6) of the Defense Pro­ Dated: January 6,1967. 8:46 a.m.] duction Act of 1950, as amended, and Executive Order 10647 of November 28, Loran A. Eisele. MAX R. LLEWELLYN 1955, the following changes have taken [F.R. Doc. 67-851; Filed, Jan. 24, 1967; place in my financial interests during the 8:46 a.m.] Statement of Changes in Financial past 6 months: Interests (1) No change. ANDREW PAT JONES In accordance with the requirements (2) No change. of section 710(b) (6) of the Defense Pro­ (3) No change. Statement of Changes in Financial duction Act of 1950, as amended, and (4) No change. Interests Executive Order 10647 of November 28, This statement is made as of January 1955, the following changes have taken 11.1967. In accordance with the requirements place in my financial interests during of section 710(b) (6) of the Defense Pro­ the past 6 months : Dated: January 11,1967. duction Act of 1950, as amended, and (1) No change. Clarence W ilbur Mayott. Executive Order 10647 of November 28, (2) No change. 1955, the following changes have taken (3) No change. [F.R. Doc. 67-858; Filed, Jan. 24, 1967; place in my financial interests during the (4) No change. 8:47 a.m.j past 6 months: This statement is made as of January (1) No change. 9,1967. SAMUEL R. SHEPPERD (2) No change. Statement of Changes in Financial (3) No change. Dated: January 9,1967. (4) No change. Max R. Llewellyn. Interests This statement is made as of December [F.R. Doc. 67-855; Filed, Jan. 24, 1967; In accordance with the requirements 31,1966. 8:47 a.m.] of section 710(b) (6) of the Defense Pro­ duction Act of 1950, as amended, and Dated: January 9,1967. CARLOS O. LOVE Executive Order 10647 of November 28, A. P at Jones. 1955, the following changes have taken Statement of Changes in Financial place in my financial interests during the [P.R. Doc. 67-852; Filed, Jan. 24, 1967; Interests past 6 months: 8:46 a.m.] In'accordance with the requirements (1) No change. (2) No change. of section 710(b) (6) of the Defense Pro­ (3) No change. VIVAN B. JONES duction Act of 1950, as amended, and (4) No change. Executive Order 10647 of November 28, Statement of Changes in Financial 1955, the following changés have taken This statement is made as of January 1.1967. Interests place in my financial interests during the past 6 months: Dated: January6,1967. In accordance with the requirements (1) No change. R iggs S hepperd. of section 710(b) (6) of the Defense Pro­ (2) No change. duction Act of 1950, as amended, and (3) No change. [F.R. Doc. 67-859; Filed, Jan. 24, 1967; Executive Order 10647 of November 28, (4) No change. 8:47 a.m.] 1955, the following changes have taken This statement is made as of January 1, Place in my financial interests during the 1967. WILLARD B. SIMONDS Past 6 months: Dated: January 6,1967. Statement of Changes in Financial (1) None. Interests (2) None. Carlos O. Love. (3) None. [F.R. Doc. 67-856; Filed, Jan. 24, 1967; In accordance with the requirements (4) None. 8:47 a.m.] of section 710(b) (6) of the Defense Pro-

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 882 NOTICES

duction Act of 1950, as amended, and and the numbering system is that of the Office of the Secretary Executive Order 10647 of November 28, Manual. 1955, the following changes have taken INDIANA place in my financial interests during the P art 215—B ureau of Mines D elegations Designation of Area for Emergency past 6 months: Loans (1) No change. S ec. 215.9.1 Delegation of authority. (2) No change. Federal Coal Mine Safety Act. Except For the purpose of making emergency (3) No change. as provided in 200 DM 1, the Director, loans pursuant to section 321 of the Con­ (4) No change. Bureau of Mines, is authorized to exer­ solidated Farmers Home Administration This statement is made as of January cise the authority of the Secretary of the Act of 1961 (7 U.S.C. 1961), it has been 5,1967. Interior under subsection (e) of section determined that in the hereinafter- 212 of the Federal Coal Mine Safety Act named county in the State of Indiana Dated: January 5,1967. (30 U.S.C. 482), as amended (P.L. 89- a natural disaster has caused a need for W. B. S imonds. 376,-80 Stat. 84). agricultural credit not readily available The delegation of authority under the from commercial banks, cooperative [F.R. Doc. 67-860; Filed, Jan. 24, 1967; 8:47 am.j same part and section published in the lending agencies, or other responsible F ederal R egister of October 21, 1966 sources. (31 F.R. 13609) is hereby revoked. I ndiana Rush. ALEXANDER H. WADE, JR. S tewart L. U dall, Secretary of the Interior. Pursuant to the authority set forth Statement of Changes in Financial above, emergency loans will not be made Interests J anuary 4, 1967. in the above-named county after June 30, In accordance with the requirements [F.R. Doc. 67-870; Filed, Jan. 24, 1967; 1967, except to applicants who previously of section 710(b) (6) of the Defense Pro­ 8:47 a.m.j received emergency or special livestock duction Act of 1950, as amended, and loan assistance and who can qualify un­ Executive Order 10647 of November 28, der established policies and procedures. 1955, the following changes have taken Done at Washington, D.C., this 19th place in my financial interests during the DEPARTMENT OF AGRICULTURE day of January 1967. past 6 months: Consumer and Marketing Service Orville L. F reeman, (1) No change. [HMP 135a] Secretary. (2) No change. (3) No change. FROZEN CONCENTRATED ORANGE [F.R. Doc. 67-868; Filed, Jan. 24, 1967; (4) No change. JUICE 8:47 a.m.] This statement is made as of January Notice of Purchase Program 5,1967. In order to encourage the domestic CIVIL AERONAUTICS BOARD Dated: January 5,1967. consumption of oranges by diverting A. H. Wade, Jr. them from the normal channels of trade [Docket No. 16236; Order No. E-24652] [F.R. Doc. 67-861; Filed, Jan. 24, 1967; and commerce in accordance with section INTERNATIONAL AIR TRANSPORT 8:47 am.] 32, Public Law 320, 74th Congress, ap­ ASSOCIATION proved August 24, 1935, as amended, the Order Relating to Specific Commodity WILFORD D. WILDER U.S. Department of Agriculture offers to purchase frozen concentrated orange Rates Statement of Changes in Financial juice processed from oranges produced Adopted by the Civil Aeronautics Interests in the continental United States. Pur­ Board at its office in Washington, D.C., on the 18th day of January, ¿967. In accordance with the requirements chases will be made on an offer and ac­ An agreement has been filed with the of section 710(b) (6) of the Defense Pro­ ceptance basis as a surplus removal ac­ Board, pursuant to section 412(a) of duction Act of 1950, as amended, and tivity. The Consumer and Marketing the Federal Aviation Act of 1958 (the Executive Order 10647 of November 28, Service will distribute the juice for use Act) and Part 261 of the Board’s Eco­ 1955, the following changes have taken nomic Regulations, between various air place in my financial interests during the in school lunch programs, summer camps for children, and charitable institutions. carriers, foreign air carriers, and other past 6 months: carriers, embodied in the resolutions of (1) No change. Details and specifications of the invita­ Traffic Conference 1 of the International (2) Appointee is currently participating tion to offer frozen orange concentrate Air Transport Association (IATA), and in an employee stock purchase plan adopted are contained in Announcement FV-406 adopted pursuant to the provisions of by Niagara Mohawk Power Oorp. effective January 1, 1965, and has elected the maxi­ issued by the Department on January 17, Resolution 590 dealing with specific mum participation possible which is 6 per­ 1967. Quantities purchased will depend commodity rates. cent of appointee’s annual salary. on quantities and prices offered. Infor­ The agreement, adopted pursuant to (3) No change. mation concerning this purchase pro­ unprotested notices to the carriers and (4) No change. promulgated in an IATA letter dated gram may be obtained from the Fruit January 13, 1967,1 as set forth in the This statement is made as of Janu­ and Vegetable Division, Consumer and ary 9, 1967. attachment hereto, (1) names rates un­ Marketing Service, U.S. Department of der existing commodity descriptions, and Dated: January 9,1967. Agriculture, Washington, D.C. 20250. (2) reduces a rate under an existing W. D, W ilder. (Sec. 32, 49 Stat. 774, as amended, 7 U.S.C. commodity description. The new rates 612c) reflect reductions ranging from 28.0 to [F.R. Doc. 67-862; Filed, Jan. 24, 1967; 67.3 percent and are consistent with the 8:47 a.m.j Dated: January 20,1967. present level of specific commodity rates P aul A. Nicholson, within the applicable area. DIRECTOR, BUREAU OF MINES Acting Director, Fruit and Veg­ The Board, acting pursuant to sections etable Division, Consumer and 102, 204(a), and 412 of the Act, does not Delegation of Authority Marketing Service. The following delegation is a portion [F.R. Doc. 67-891; Filed, Jan. 24, 1967; 1 Received In the Board Jan. 16, 1967 and of the Department of the Interior Manual 8:49 am.] filed as part of the original document.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 883

find the subject agreement to be ad­ tinue the subject sales on its own behalf, rate schedules should be redesignated verse to the public interest or in viola­ on behalf of Husky, and on behalf of the accordingly. tion of the Act, provided that approval other interest owners heretofore covered (2) Applicant, Depco, Inc., will be en­ thereof is conditioned as hereinafter or­ by International’s certificates. gaged in the sale for resale of natural dered. The sales of Mesa Verde and Dakota gas in interstate commerce subject to the Accordingly, it is ordered, That: gas which Applicant proposes to continue jurisdiction of the Commission and will Agreement CAB 19054, R-12 through pursuant to International’s FPC Gas be a “natural-gas company” within the R-16, be approved: Provided, That ap­ Rate Schedule No. 1 are made at a rate meaning of the Natural Gas Act upon proval shall not constitute approval of in effect subject to refund in Docket No. commencement of service authorized in the specific commodity descriptions con­ RI64-588. The sales which Applicant Docket No. CS67-16. tained therein for purposes of tariff pub­ proposes to continue pursuant to Inter­ (3) The sales of natural gas herein­ lication. national’s FPC Gas Rate Schedule Nos. 4 before described, as more fully described Any air carrier party to the agree­ and 6 are made at a rate in effect sub­ in the application in Docket No. CS67-16 ment, or any interested person, may, ject to refund in Docket No. RI64-634. and in the tabulation herein, will be within 15 days from the date of service Applicant has requested to be made co­ made in interstate commerce subject to of this order, submit statements in writ­ respondent in said proceedings and has the jurisdiction of the Commission, and ing containing reasons deemed appropri­ submitted an agreement and undertak­ such sales by Applicant, together with ate, together with supporting data, in ing to assure the refunds of any amounts the construction and operation of any support of or in opposition to the Board's collected by it in excess of the amounts facilities subject to the jurisdiction of action herein. An original and 19 determined to be just and reasonable in the Commission necessary therefor, are copies of the statements should be filed said proceedings. Therefore, Applicant subject to the requirements of subsec­ with the Board's Docket Section. The will be made co-respondent, the proceed­ tions (c) and (e) of section 7 of the Nat­ Board may, upon consideration of any ings will be redesignated accordingly and ural Gas Act. such statements filed, modify or rescind the agreement and undertaking will be (4) Applicant is able and willing prop­ its action herein by subsequent order. accepted for filing. erly to do the acts and to perform the This order will be published in the Applicant has filed an application in service proposed in the application filed Federal Register. Docket No. CS67-16 for a small pro­ in Docket No. CS67-16 and to conform By the Civil Aeronautics Board. ducer certificate of public convenience to the provisions of the Natural Gas Act and necessity authorizing the sale of and the requirements, rules and regula­ tSEAL] H arold R . Sanderson, natural gas from the Permian Basin area tions of the Commission thereunder. Secretary. of Texas and New Mexico. Interna­ (5) Applicant will be an independent [F.R. Doc. 67-879; Filed, Jan. 24, 1967; tional is authorized to make certain sales producer of natural gas who is not affili­ 8:48 a.m.] from the Permian Basin and Applicant ated with natural gas pipeline companies proposes to continue these sales pursuant and whose total jurisdictional sales on a to a small producer certificate. Said cer­ nationwide basis, together with sales of tificate will be effective on the date of this affiliated producers, were not in excess FEDERAL POWER COMMISSION order and International’s certificates for of 10,900,000 Mcf at 14.65 p.s.i.a. during {Docket No. G-8552 etc.] sales from the Permian Basin will be ter­ the preceding calendar year.® minated and the related rate schedules (6) The sales of natural gas by Ap­ DEPCO, INC., ET AL canceled. The continuation by Appli­ plicant, together with the construction Findings and Order After Statutory cant of International’s sales from the and operation of any facilities subject to Hearing Permian Basin will be approved as of the the jurisdiction of the Commission neces­ date of the transfer of the properties. sary therefor, are required by the public J anuary 17,1967. International is authorized to sell convenience and necessity, and a small Findings and order after statutory natural gas from the Permian Basin pur­ producer certificate of public convenience hearing issuing small producer certificate suant to its FPC Gas Rate Schedule No. 2 and necessity therefor should be issued of public convenience and necessity, at a rate in effect subject to refund in in Docket No. CS67-16 as hereinafter amending orders issuing certificates, Docket No. RI64-5811 which rate is be­ ordered and conditioned. terminating certificates, redesignating low the applicable area ceiling rate pre­ (7) It is necessary and appropriate in FPC gas rate schedules, canceling FPC scribed in Opinion No. 468, 34 FPC 159. carrying out the provisions of the Natural gas rate schedules, severing proceeding, Therefore, the proceeding pending in Gas Act that the certificates heretofore terminating proceeding, substituting re­ Docket No. RI64-581 will be severed from issued in Docket Nos. G-19187 and CI65- spondent^ and accepting agreement and the proceeding in Docket No. AR61-1, 679 should be terminated and the related undertaking for filing. et al., and terminated. rate schedules should be cancelled. (8) It is necessary and appropriate in Depco, Inc. (Applicant) has filed a pe­ After due notice no petition to inter­ tition to amend* orders issuing certificates carrying out the provisions of the Natural vene, notice of intervention or protest to Gas Act that the proceeding pending in of public convenience and necessity pur­ the granting of the petition and applica­ suant to section 7(c) of the Natural Gas tion have been received. Docket No. RI64-581 should be severed Act to International Oil & Gas Corp. from the consolidated proceeding in At a hearing held on January 12,1967, Docket No. AR61-1 et al., and terminated. (International) by authorizing Applicant the Commission on its own motion re­ to continue the sales of natural gas au­ (9) It is necessary and appropriate in ceived and made a part of the record in carrying out the provisions of the Natural thorized in said orders in lieu of Inter­ this proceeding all evidence, including national and has filed an application Gas Act that Applicant should be a co­ the petition and application, submitted respondent in the proceedings pending Pursuant to section 7(c) of the Natural in support of the authorization sought Gas Act and § 157.40 of the regulations in Docket Nos. RI64-588 and RI64-634, herein, and upon consideration of the that said proceedings should be redesig­ thereunder for a small producer certifi­ record, cate of public convenience and necessity nated accordingly and that the agree­ authorizing the sale for resale and de- The Commission finds: ment and undertaking should be ac­ hvery of natural gas in interstate com­ (1) It is necessary and appropriate incepted for filing. merce from the Permian Basin area of carrying out the provisions of the Natural The Commission orders: Texas and New Mexico, all as more fully Gas Act and the public convenience and (A) The orders issuing certificates of set forth in the petition and application necessity require that the orders issuing public convenience and necessity to In- and in the tabulation herein. certificates to International should be amended by authorizing Applicant to Applicant and Husky Oil Co. (Husky) continue the subject sales and the related * Applicant’s succession to International’s nave acquired all of the properties of Interests will be approved as of Jan. 1, 1966, the effective date of the transfer of the pro­ .international and propose to continue 1 Consolidated in the proceeding on the ducing properties, and the small producei he sale of natural gas therefrom. Ap­ order to show cause issued Aug. 5, 1965, in certificate will be effective on the date of this plicant requests authorization to con­ Docket No. AR61-1, et al,, 34 FPO 424. order.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY. JANUARY 25, 1967 884 NOTICES temational are amended by substituting or may hereafter be made by the Com­ (I) International Oil & Gas Corp. FPC Applicant in lieu of International as cer­ mission in any proceeding now pending Gas Rate Schedule Nos. 2 and 6 are tificate holder as hereinbefore described or hereafter instituted by or against Ap­ canceled. and as more fully described in the peti­ plicant. Further, our action in this pro­ (J) The proceeding pending in Docket tion to amend and in the tabulation here­ ceeding shall not foreclose nor prejudice No. RI64-581 is severed from the pro­ in, and in all other respects said orders any future proceedings or objections ceeding on the order to show cause issued shall remain in full force and effect, relating to the operation of any price August 5, 1965, in Docket No. ÂR61-1, (B) The FPC gas rate schedules of or related provisions in the gas purchase et al., and terminated. International are redesignated as those contracts herein involved. Nor shall the (K) Applicant shall be co-respondent of Applicant and supplements thereto are grant of the certificate aforesaid for serv­ in the proceedings pending in Docket accepted for filing as of January 1, 1966, ice to the particular customers involved Nos. RI64-588 and RI64-634, said pro­ and are designated as shown in the tab­ imply approval of all of the terms of the ceedings are redesignated accordingly,3 ulation herein. contracts, particularly as to the cessa­ and the agreement and undertaking sub­ tion of service upon termination of said mitted in said proceedings by Applicant (C) A small producer certificate of is accepted for filing. public convenience and necessity is is­ contracts, as provided by section 7(b) of the Natural Gas Act. Nor shall the grant (L) Applicant shall comply with the sued in Docket No. CS67-16 upon the of the certificate aforesaid be construed refunding and reporting requirements of terms and conditions of this order au­ the Natural Gas Act and § 154.102 of the thorizing the sale for resale and delivery to preclude the imposition of any sanc­ tions pursuant to the provisions of the Regulations thereunder, and the agree­ of natural gas in interstate commerce by Natural Gas Act for the unauthorized ment and undertaking filed by Applicant Applicant from the Permian Basin area in Docket Nos. RI64-588 and RI64-634 of Texas and New Mexico, together with commencement of any sales subject to said certificate. shall remain in full force and effect until the construction and operation of any discharged by the Commission. facilities subject to the jurisdiction of the (G) The certificate granted in para­ Commission necessary therefor, all as graph (C) above shall be effective on the By the Commission. hereinbefore described and as more fully date of this order. The succession by [seal] J oseph H. Gutride, described in the application in this Applicant to the interests, of Interna­ Secretary. proceeding. tional is approved as of January 1, 1966. (D) The certificate granted in para­ (H) The certificates of public conven­ 8 Docket No. RI64-581, International Oil graph (C) above is not transferable ience and necessity heretofore issued to & Gas Corp. and Depco, Inc. et al. Docket and shall be effective only so long as Ap­ No. RI64-634, International Oil & Gas Corp. plicant continues the acts or operations International in Docket Nos. G-19187 (Operator) et al., and Depco, Inc. (Operator) hereby authorized in accordance with the and CI65-679 are terminated. et al. provisions of the Natural Gas Act and the applicable rules, regulations, and FPC rate schedule to be accepted Docket No. Purchaser, field, and orders of the Commission, and partic­ and date filed Applicant location Description and date No. Supp. ularly, of document (a) The subject certificate shall be ap­ plicable only to all future “small pro­ Depco, Inc. (Operator) United Gas Pipe Line International Oil & Gas 8 ducer sales,” as defined in § 157.40(a) (3) E »-14-66 et al. (successor to Co., Emma Haynes Corp. (Operator) et of the regulations under the Natural Gas International Oil & Field, Goliad County, al., FPC GRS No. 8. Gas Corp. (Operator) Tex. Supplement Nos. 1-7... 8 1-7 Act, from the Permian Basin area, Notice of succession 9-8-66. (b) Sales shall not be at rates in excess Assignment 6-26-66 jj... 8 8 of those set forth in § 157.40(b) (1) of the G 1179(1 Texas Eastern Transmis- International Oil & Gas 9 E 9-14-66 sion Corp., Yoward Corp. (Operator) et regulations under the Natural Gas Act, Field, Bee County, al., FPC GRS No. 9. and Tex. Supplement Nos. 1-4__ 9 - 1-4 (c) Applicant shall file annual state­ Notice of succession 9-8-66. ments pursuant to § 154.104 of the regu­ Assignment 5-26-66 1__ 9 5 lations under the Natural Gas Act. O 14594 Depco, Inc. et al., (suc­ International Oil & Gas 10 E 9-14-66 cessor to International Corp., FPC GRS (E) The certificate granted in para­ Oil & Gas Corp.). No. 10. Supplement Nos. 1-4__ 10 1-4 graph (C) above shall remain in effect Notice of succession for small producer sales until the Com­ 9-8-66. Assignment 6-26-661__ Io . 5 mission on its own motion or on applica­ G-14833...... Depco, Inc. (Operator) International Oil & Gas 6 tion terminates said certificate because E 9-14-66 et al. (successor to Blanco Field, Rio Corp. (Operator) et International Oil & Arriba County, N. Mex. al., FPC GRS No. 6. Applicant no longer qualifies as a small Gas Corp. (operator) Supplement Nos. 1-10... 6 1-10 . et al.). producer or fails to comply with the 9-8-66. Assignment 5-26-661__ 6 1- 11 requirements of the Natural Gas Act, O-14333 International Oil & Gas 7 the regulations thereunder, or the terms E 9-14-66 Corp. (Operator) et al., FPC GRS No. 7. of the certificate. Upon such termina­ Supplement Nos; 1-9__ 7 1-9 tion Applicant will be required to file 9-8-66. separate certificate applications and in­ Assignment 5-26-661__ 7 r 10 G-18067 ...... Depco, Inc. et al. (suc­ El Paso Natural Gas International Oil & Gas 1 dividual rate schedules for future sales. E 9-14-66 cessor to Interna­ Co., Aztec and South Corp., FPC GRS To the extent compliance with the terms tional Oil & Gas Blanco Pictured Cliffs, • No. 1. Corp.). Blanco Mesa Verde Supplement Nos. 1-4— 1 1-4 and conditions of this order is observed, mil Basin Dakota Fields, San Juan 9-8-66. the small producer certificate will still County, NTMex. Assignment 5-26-66 1---- 1 5 be effective as to those sales already CI60-23 ...... El Paso Natural Gas International Oil & Gas 3 E 9-14-66 Co., Gallegos Gallup Corp., FPC GRS included thereunder. Field, San Juan .No. 3. _ County, N. Mex. Nuiiuc vjI succession (F) The grant of the certificate issued 9-8-66. 1 in paragraph (C) above shall not be con­ Assignment 5-26-66 1---- 3 Filing code: A—Initial service. strued as a waiver of the requirements B—Abandonment; of section 7 of the Natural Gas Act or C—Amendment to add acreage; D—Amendment to delete acreage; Part 157 of the Commission’s regulations E—Succession. thereunder, and is without prejudice to F—Partial succession; any findings or orders which have been See footnote at end of table;

FEDERAL REGISTER. VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 a condition precluding any filing of an FPO rate schedule to be accepted the event Applicant is unwilling to ac­ Pocket No. 1 Purchaser, field, and increased rate at a price in excess of cept such condition the application will 'and date filed Applicant location that designated for the particular area of be set for formal hearing. Description and date No. Supp. of document production for the period prescribed Under the procedure herein provided therein unless at the time of filing such for, unless otherwise advised, it will be CI62-851. _ Depco, Inc. (Operator) El Paso Natural Gas certificate application, or within the unnecessary for Applicants to appear or E 9-14-66 et al. (successor to Co.. Blanco Field, Bio Corp. (Operator) et time fixed herein for the filing of pro­ International Oil & Arriba County, al., FPC GBS No. 5. tests or petitions to intervene the Appli­ be represented at the hearing. Gas Corp. (Operator) N. Mez. Supplement Nos. 1-8__ 5 1-8 et al.). Notice of succession cant indicates in writing that it is un­ J oseph H. Outride, 9-8-66. willing to accept such a condition. In Secretary. Assignment 6-26-661___ 5 9 CI62-851...... International Oil & Gas E 9-14-66 Corp. (Operator) et Docket No. and Price per Pres­ al., FPC GBS No. 4. date filed Applicant Purchaser, field, and location Supplement Nos. 1-9__ 4 1-9 Mcf sure Notice of succession base 9-8-66. Assignment 5-26-661___ 4 10 G-47671...... S. G. Liming (successor to E. G. United Fuel Gas Co.. Union Dis­ 18.0 15.325 E 1-4-67 Summers), Glendenin, W. Va. trict, Clay County, W. Va. Canceled F PC gas rate Terminated certificate 25045. schedule Docket No. G-10128...... Gulf Oil Corp., Post Office Box 1589, Florida Gas Transmission Co., »16.0 14.65 C 1-9-67 Tulsa, Okla. 74102. Corpus Christi Bay and Encinal CS67-16...... Depco, Inc...... ,___ International Oil & Gas G-19187 Channel Fields, Nueces County, 9-14-66 Corp., FPC Gas Bate Tex. Schedule No. 2. G-13943...... Mobil Oil Corp., Post Office Box United Gas Pipe Line Co., North Assigned International Oil & Gas CI65-679...... D 1-10-67 2444, Houston, Tex. 77001. Indian Hill, Montgomery County, Corp., FPC Gas Bate Tex. Schedule No. 11. CI60-153...... Cabot Corp. (SW), Post Office'Box Cities Service Gas Co., Hugoton 17.0 14.65 C 1-12-67 1101, Pampa, Tex. 79065. Field, Seward County, Kans. i Assignment transfers International’s properties to Depco, Inc., and Husky Oil Co. (Depco’s application cover CI61-902 Fred Whitaker (successor to K. Tennessee Gas Pipeline Co., a divi­ 12.0 14.65 Husky and others). El-3-67 Baker, receiver for Curtis Hickey sion of Tenneco, Inc., Bethany et al.), 201 Whitaker Bldg., Car­ Field, Panola County, Tex. [FJl. Doc. 67-838; Filed, Jan. 24,1067; 8:45 a.m.] thage, Tex. CI62-882 *...... Estate of T. H. McElvain, c/o El Paso Natural Gas Co., Ignacio * 13.0 15.025 C 10-24-66 Catherine B. McElvain, Execu­ Field La Plata County, Colo.

trix, 220 Shelby St., Santa Fe, NOTICES [Docket Nos. G-4767, etc.] Take further notice that, pursuant to N. Mex. 87501. $. G. LIMING ET AL. the authority contained in and subject CI64-836...... The Superior Oil Co., Post Office Kansas-Nebraska Natural Gas Co., («) to the jurisdiction conferred upon the D 1-9-67 Box 1521, Houston, Tex. 77001. Inc., Bradshaw Field, Hamilton County, Kans. Notice of Applications for Certificates, Federal Power Commission by sections 7 CI65-228...... Horizon Oil & Gas Co. of Texas, Baca Gas Gathering System, Inc., 12.0 14.65 Abandonment of Service and Pe­ and 15 of the Natural Gas Act and the C 1-11-67 1216 Hartford Bldg., Dallas, Tex. Flank, Greenwood, and Midway 75201. Fields, Baca County, Colo. titions To Amend Certificates 1 Commission’s rules of practice and pro­ CI65-229...... Horizon Oil & Gas Co, of Texas, Baca Gas Gathering System, Inc., 12.0 14.65 cedure, a hearing will be held without C 1-11-67 (Operator) et al. Flank, et al. Fields, Baca County, J anuary 17, 1967. further notice before the Commission on Colo. CI66-183...... George P. Hill et al. d.b.a. Hill & Panhandle Eastern Pipe Line Co., «17.0 14.65 Take notice that each of the Appli­ all applications in which no protest or C 1-9-67 Hill, 1325 Fort Worth National Mocane-Laveme Field, Beaver petition to intervene is filed within the Bldg., Fort Worth, Tex. County, Okla. cants listed herein has filed an applica­ CI66-1310...... Tidewater Oil Co. (Operator) et al., Northern Natural Gas Co., Ana- «17.0 14.65 tion or petition pursuant to section 7 of time required herein if the Commission C 1-9-67 Post Office Box 1404, Houston, darko Basin Area, Ellis County, the Natural Gas Act for authorization to on its own review of the matter believes Tex. 77001. Okla. CI67-182. Sinclair Oil & Gas Co., Post Office Northern Natural Gas Co., Latta «17.0 14.65 sell natural gas in interstate commerce that a grant of the certificates or the au­ (CI66-1310) Box 621, Tulsa, Okla. 74102. Unit, Ellis County, Okla. or to abandon service heretofore author­ thorization for the proposed abandon­ C 1-10-67 i 067-258...... A. E. Bissett et al. (successor to Carnegie Natural Gas Co., Clay 20.0 15.325 ized as described herein, all as more fully ment is required by the public conven­ A 9-1-66 Dunn-Mar Oil & Gas Co.®) Deep District, Wetzol County, W. Va. described in the respective applications ience and necessity. Where a protest or Valley, Pa. CI67-839...... Thomas N. Berry & Co. (Operator) Colorado Interstate Gas Co., Mo- *16.0 14.65 and amendments which are on file with petition for leave to intervene is timely A 1-5-67 * et al., Post Office Box 111, Still­ cane Field, Beaver County, Okla. the Commission and open to public filed, or where the Commission on its 1-9-67 « water, Okla. own motion believes that a formal hear­ CI67-842 Union Oil Co. of California (suc­ Mountain Fuel Supply Co., Six 12.0 15.025 inspection. (CI63-1177) cessor to United Western Oil & Mile Spring , Field, Sweetwater, Protests or petitions to intervene may ing is required, further notice of such F 12-7-66 Gas Co.), Union Oil Center, Los County, Wyo. hearing will be duly given: Provided, Angeles, Calif. 90017. be filed with the Federal Power Commis­ CI67-843...... Humble Oil & Refining Co., Post Natural Gas Pipeline Co. of Amer­ Depleted sion, Washington, D.C. 20426, in accord­ however, That pursuant to § 2.56, Part B 1-9-67 Office Box 2180, Houston, Tex. ica, Camrick, Southeast (Geo. O. ance with the rules of practice and pro­ 2, Statement of General Policy and In­ 77001. Pope) Field, Beaver County, terpretations, Chapter I of Title 18 of Okla. cedure (18 CFR 1.8 or 1.10) on or before Filing code: A—Initial service. February 8,1967. the Code of Federal Regulations, as B—Abandonment. amended, all permanent certificates of C—Amendment to add acreage. public convenience and necessity grant­ D—Amendment to delete acreage. 1 This notice does not provide for consoli­ E—Succession. dation for hearing of the several matters ing applications, filed after April 15, F—Partial succession. covered herein, nor should it be so construed. 1965, without further notice, will contain See footnotes at end of table.

OO OO FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 cn 886 NOTICES [Docket No. CP67-195] Docket No. Applicant Purchaser, field, and location Price per Pres­ COLORADO INTERSTATE GAS CO. and date filed Mcf sure base Notice of Application * J anuary 17, 1967. C167-844... The Bradley Producing Corp., 313 Natural Gas Pipeline Co. of Amer­ Depleted B 1-9-67 North Main St., Wellsville, N.Y. ica, acreage in Beaver County, Take notice that on January 6, 1967, 14895. Okla. Colorado Interstate Gas Co. (Applicant), C167-845__ Atlantic Richfield Co., Post Office Panhandle Eastern Pipe Line Co., •17.0 14.65 A 1-9-67 Box 2819, Dallas, Tex. 75221. Putnam (Lenora) Field, Dewey Post Office Box 1087, Colorado Springs, County, Okla. Colo. 80901, filed in Docket No. CP67-195 C167-846___ Gulf OU Corp.»...... -...... -...... El Paso Natural Gas Co., WUshire » 17.7375 14.65 A 1-9-67 11 (Devonian) Field, Upton County, an application pursuant to section 7(c) Tex. of the Natural Gas Act for a certificate C167-847__ Jay Simmons et al., 2620 Republic Coastal States Gas Producing Co., Depleted Bank Bldg., DaUas, Tex. 75201. Harry Field, Webb, and La SaUe of public convenience and necessity au­ B 1-10-67 Counties, Tex. thorizing the construction and operation CI67-S48-.- Benjamin Elenbogen, 4100 Mont- El Paso Natural Gas Co., Ballard— 12.0 15.025 of certain natural gas transmission fa­ A 1-10-67 view Blvd., Denver, Colo. 80207. Pictured Cliffs Pool, Sandoval County, N. Mex. cilities for the transportation and sale for CI67-849- — Bob Miner, Post Office Box 805, United Gas Pipe Line Co., Bloom­ Depleted resale in interstate commerce of firm Corpus Christi, Tex. 78403. ington Field, Victoria County, B 1-11-67 Tex. natural gas, all as more fully set forth C167-852__ Delta Corp., 801 First National Michigan Wisconsin Pipe Line Co., 17.0 14.65 in the application which is on file with A 1-12-67 Bldg., Oklahoma City, Okla. Laverne Field, Harper County, 73102. Okla. the Commission and open to public C167-853...... Skelly OU Co. (successor to Humble Arkansas Louisiana Gas Co., 15.0 14.65 inspection. (CI63-20) OU & Refining Co.), Post Office Arkoma Basin, Latimer County, Specifically, Applicant requests author­ F 1-12-67 Box 1650, Tulsa, Okla. 74102. Okla. C167-854...... Skelly Oil Co. (successor to Sinclair ___do______16.0 14.65 ization to construct and operate 21.3 (CI62-1184) OU & Gas Co.). miles of 20-inch loop line between Keyes F 1-12-67 Station, Okla., and Camp Junction, Colo., to increase Applicant’s total system peak » Original certificate issued to Liming and Summers...... , 3 contract rate is 17.5 cents; however, Applicant states its wUlmgness to accept authorization for the additional day capacity by approximately 15,537 acreage conditioned at 16.0 cents per Mcf. Mcf for the 1967-68 winter heating 3 Original certificate issued to T. H. McElvain, et al. * Includes 1.0 cent per-Mcf guarantee for liquid products. season. Applicant also requests authori­ * Deletes terminated leases. zation to construct and operate a new e Subject to upward and downward B.t.u. adjustment. _ meter station and 0.8 miles of 6%-inch i Adds acreage acQuired from Tidewater Oil Co., Docket No. CI66-1310. 3 No certificate filing made by Predecessor to cover subject acreage. „ lateral line in Weld County, Colo., for »Application previously noticed Jan. 11,1967, in Docket Nos. G-8506 et al. at a total initial price of 15.0 cents per increased deliveries to Cheyenne Light, Mio Amendment to application filed to reflect a total initial price of 16.0 cents per Mcf in lieu of 15.0 cents. Fuel and Power Co. » Bv letter filed concurrently with application, Applicant agreed to accept permanent certificate containing con­ The total estimated cost of the pro­ ditions similar to those imposed by Opinion No. 468, as modified by Opinion No. 468-A. 12 Includes 1.2375 cents upward B.t.u. adjustment. Subject to upward and downward B.t.u. adjustment. posed construction is $1,427,529, which [F.R. Doc. 67-839; Filed, Jan. 24,1967; 8:45 a.m.] cost is to be financed from funds on hand, funds from operations, or from short-term bank loans. [Docket No. CP67-197] Protests or petitions to intervene may Protests or petitions to intervene may be filed with the Federal Power Commis­ be filed with the Federal Power Commis­ ARKANSAS LOUISIANA GAS CO. sion, Washington, D.C. 20426, in accord­ sion, Washington, D.C. 20426, in ac­ cordance with the rules of practice and Notice of Application ance with the rules of practice and pro­ cedure (18 CFR 1.8 or 1.10) and the procedure (18 CFR 1.8 or 1.10) and the J anuary 17,1967. regulations under the Natural Gas Act regulations under the Natural Gas Act (157.10) on or before February 10, 1967. Take notice that on January 9, 1967, (157.10) on or before February 11, 1967. Arkansas Louisiana Gas Co. (Applicant), Take further notice that, pursuant to Take further notice that, pursuant to Post Office Box 1734, Shreveport, La. the authority contained in and subject the authority contained in and subject 71102, filed in Docket No. CP67-197 an to the jurisdiction conferred upon the to the jurisdiction conferred upon the application pursuant to section 7(c) of Federal Power Commission by sections 7 Federal Power Commission by sections 7 the Natural Gas Act. for a certificate of and 15 of the Natural Gas Act and the and 15 of the Natural Gas Act and the public convenience and necessity author­ Commission’s rules of practice and pro­ Commission’s rules of practice and pro­ izing the construction and operation of cedure, a hearing will be held without cedure, a hearing will be held without certain natural gas transmission facili­ further notice before the Commission on further notice before the Commission ties for the transportation and sale of this application if no protest or petition on this application if no protest or peti­ natural gas in interstate commerce to an to intervene is filed within the time re­ tion to intervene is filed within the time industrial customer, all as more fully set quired herein, if the Commission on its required herein, if the Commission on its forth in the application which is on file own review of the matter finds that a own review of the matter finds that a with the Commission and open to public grant of the certificate is required by the- grant of the certificate is required by the inspection. public convenience and necessity. If a public convenience and necessity. If a protest or petition for leave to intervene protest or petition for leave to intervene Specifically, Applicant requests au­ is timely filed, or if the Commission on thorization to construct and operate ap­ is timely filed, or if the Commission on its own motion believes that a formal its own motion believes that a formal proximately 500 feet of 4-inch market hearing is required, further notice oi lateral and related facilities, extending hearing is required, further notice of such from Applicant’s existing 10-inch Line hearing will be duly given. such hearing will be duly given. AM-22 to the site of the plant of Union Under the procedure hefein provided Under the procedure herein provided Carbide Corp. (Union Carbide) in Gar­ for, unless otherwise advised, it will be for, unless otherwise advised, it will be land County, Ark. It is anticipated that unnecessary for Applicant to appear or unnecessary for Applicant to appear or these facilities will supply Union Carbide be represented at the hearing. be represented at the hearing. with 4,800 Mcf of gas per day at a maxi­ J oseph H. G utride, J oseph H. G utride, mum and 1,642,500 Mcf of gas per year. Secretary. Secretary. The total estimated cost of the pro­ posed facilities is $12,900, which cost will [F.R. Doc. 67-831; Filed, Jan. 24, 1967; [F.R. Doc. 67-832; Filed, Jan. 24, 1967, be financed from cash on hand. 8:45 a.m.] 8:45 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 887 [Docket Nos. CP66-306, CI66-897] t Docket No. CS67-32] Specifically, Applicant seeks permis­ EL PASO NATURAL GAS CO. AND EDWARD R. HUDSON, JR., AND sion and approval to abandon service to Inland from Applicant’s Camp Branch- SHELL OIL CO. WILLIAM A. HUDSON, II Rockhouse Creek Delivery Point, one of Notice of Postponement of Notice of Application for “Small the delivery points set forth in Appli­ Prehearing Conference Producer” Certificate cant’s Rate Schedule X-2. Applicant ¡states that this abandonment is being January 18, 1967. J anuary 18, 1967. requested in order that the volumes of On December 21,1966, the Commission Take notice that on January 3, 1967, gas exchanged under Rate Schedule X-2 issued an order which scheduled the con­ Edward R. Hudson, Jr., and William A. from the regular delivery points therein vening of a prehearing conference in the Hudson, II, 1510 First National Building, contained will be brought closer into above-styled proceedings on January 10, Fort Worth, Tex. 76102, filed an applica­ balance. 1967. Pursuant to the aforementioned tion pursuant to section 7(c) of the Nat­ Protests or petitions to intervene may order of the Commission a prehearing ural Gas Act and § 157.40 of the regula­ be filed with the Federal Power Commis­ conference was held on January 10,1967, tions thereunder for a “small producer” sion, Washington, D.C. 20426, in accord­ and the Presiding Examiner at the con­ certificate of public convenience and ne­ ance with the rules of practice and pro­ clusion of this conference recessed the cessity authorizing the sale for resale and cedure (18 CFR 1.8 or 1.10) and the reg­ proceedings until February 7, 1967. The delivery of natural gas in interstate com­ ulations under the Natural Gas Act purpose of this notice is to advise all of merce from the Permian Basin area of (157.10) on or before February 16, 1967. the parties to the above-styled proceed­ Texas and New Mexico, all as more fully Take further notice that, pursuant to ings that the prehearing conference set forth in the application which is on the authority contained in and subject scheduled for February 7, 1967, is can­ file with the Commission and open to to the jurisdiction conferred upon the celed and that these proceedings are public inspection. Federal Power Commission by sections postponed until further notice. Protests or petitions to intervene may 7 and 15 of the Natural Gas Act and the J oseph H. Gutride, be filed with the Federal Power Commis­ Commission’s rules of practice and pro­ Secretary. sion, Washington, D.C. 20426, in accord­ cedure, a hearing will be held without ance with the rules of practice and pro­ [F.R. Doc. 67-833; Filed, Jan. 24, 1967; further notice before the Commission on 8:45 a.m.] cedure (18 CFR 1.8 or 1.10) on or before this application if no protest or petition February 6,1967. to intervene is filed within the time re­ Take further notice that, pursuant to quired herein, if the Commission on its [Docket No. CP63-60] the authority contained in and subject own review of the matter finds that per­ to the jurisdiction conferred upon the mission and approval for the proposed GAS MARKETING, INC. Federal Power Commission by sections 7 abandonment is required by the public Notice of Petition To Amend and 15 of the Natural Gas Act and the convenience and necessity. If a protest Commission’s rules of practice and pro­ or petition for leave to intervene is timely J anuary 17, 1967. cedure, a hearing will be held without filed, or if the Commission on its own Take notice that on January 10, 1967, further notice before the Commission on motion believes that a formal hearing Gas Marketing, Inc. (Petitioner), Post the application if no protest or petition is required, further notice of such hear­ Office Box 748, Salina, Kans. 67401, to intervene is filed within the time re­ ing will be duly given. filed in Docket No. CP63-60 a petition to quired herein, if the Commission on its Under the procedure herein provided amend the ofder issued in said docket on own review of the matter believes that a for, unless otherwise advised, it will be August 28, 1963, by authorizing the con­ grant of the certificate is required by the unnecessary for Applicant to appear or struction and operation of gas gather­ public convenience and necessity. Where be represented at the hearing. ing facilities for the purchase of natural a protest or petition for leave to inter­ gas, all as more fully set forth in the vene is timely filed, or where the Com­ J oseph H. Gutride, petition to amend which is on file with mission on its own motion believes that Secretary. the Commission and open to public a formal hearing is required, further no­ [F.R. Doc. 67-836; Filed, Jan. 24, 1967; inspection. tice of such hearing will be duly given. 8:45 a.m.] By the order issued August 28,1963, in Under the procedure herein provided the instant proceeding Petitioner was for, unless otherwise advised, it will be [Docket No. CP67-198] authorized to construct and operate unnecessary for Applicants to appear or certain facilities for the purchase of be represented at the hearing. TEXAS GAS TRANSMISSION CORP. casinghead gas from the Fruit Field in Kiowa County, Kans., and the resale J oseph H. Gutride, Notice of Application Secretary. thereof to Panhandle Eastern Pipe Line J anuary 17, 1967. Co. [F.R. Doc. 67-835; Filed, Jan. 24, 1967; Take notice that on January 10, 1967, Petitioner now seeks that the order 8:45 a.m.] Texas Gas Transmission Corp. (Appli­ A.u§hist 28, 1963, be amended by au­ cant), Post Office Box 1160, Owensboro, thorizing the construction and opera­ [Docket No. CP67-199] Ky. 42301, filed in Docket No. CP67-198 tion of 5,287 feet of 5-inch pipe and an application pursuant to section 7(b) 2,300 feet of 3-inch pipe with appur­ KENTUCKY WEST VIRGINIA GAS CO. of the Natural Gas Act for permission tenant facilities for the gathering of gas and approval to abandon certain natural from additional producers in Fruit Field. Notice of Application gas transmission facilities and pursuant The total estimated cost of the pro­ posed facilities is $7,268.30. J anuary 18,1967. to section 7 (c) of the Act for a certificate Protests or petitions to intervene may Take notice that on January 12, 1967, of public convenience and necessity au­ . tiled with the Federal Power Commis­ Kentucky West Virginia Gas Co. (Appli­ thorizing the construction and operation sion, Washington, D.C. 20426, in accord­ cant), Second National Bank Building, of certain compression facilities for the ance with the rules of practice and pro­ Ashland, Ky. 41101, filed in Docket No. transportation of natural gas in inter­ cedure (18 CFR 1.8 or 1.10) and the CP67-199 an application pursuant to sec­ state commerce, all as more fully set regulations under the Natural Gas Act tion 7(b) of the Natural Gas Act for per­ forth in the application which is on file '157.10) on or before February 13, 1967. mission and approval to abandon partial­ ly the service to Inland Gas Co., Inc. with the Commission and open to pub­ J oseph H. G utride, (Inland), all as more fully set forth in lic inspection. Secretary. the application which is on file with the Pursuant to section 7(b) of the Act [PR. Doc. 67-834; Filed, Jan. 24, 1967; Commission and is open to public in­ Applicant seeks permission and approval 8:45 a.m.] spection. to abandon;

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 No. 16—Pt. i- 6 888 NOTICES (1) The Wilmot, Ark., compressor invested in U.S. Treasury securities and station, consisting of seven compressor SECURITIES AND EXCHANGE other temporary investments and that, horsepower units aggregating 5,400 com­ in borrowing from Central rather than pressor horsepower and appurtenances COMMISSION from banks, each borrowing company will realize savings in interest expense. thereto; [70-4444] It is represented that the services of (2) The Benoit, Miss., compressor sta­ counsel in connection with the proposed tion, consisting of six compressor units CENTRAL AND SOUTH WEST CORP. transactions are covered by annual fees aggregating 6,600 compressor horse­ ET AL. payable under retainer agreements with power and appurtenances thereto; and Central and the borrowing companies (3) The Lula, Miss., compressor sta­ Notice of Proposed Issue and Sale and that an aggregate of $1,000 of the tion, consisting of eight compressor units of Promissory Notes by Subsidiary annual retainers is reasonably allocable aggregating 5,640 compressor horsepower Companies to Holding Company to the proposed transactions. No other and appurtenances thereto. fees will be paid by Central or any of Applicant states that the facilities pro­ January 19, 1967. the borrowing companies, and total ex­ posed to be abandoned are uneconomical Notice is hereby given that Central penses are estimated at not more than to operate. and South West Corp. (“Central”), 902 $100. It is further represented that no Pursuant to section 7(c) of the Act Market Street, Wilmington, Del. 19899, State commission and no Federal com­ Applicant proposes to install and operate a registered holding company, and four mission, other than this Commission, has 4,520 horsepower at its Greenville, Miss., of its electric utility subsidiary companies jurisdiction over the proposed transac­ compressor station through the installa­ (“the borrowing companies”), namely, tions. tion of-one 2,000 horsepower compressor Central Power and Light Co. (“Central Notice is further given that arty inter­ unit and through turbocharging of the Power”), Public Service Company of ested person may, not later than Feb­ horsepower of certain other engines lo­ Oklahoma (“Oklahoma”) , Southwestern ruary 10, 1967, request in writing that a cated in the Greenville, Miss., compres­ Electric Power Co. (“Southwestern”), hearing be held in respect of such mat­ sor station as follows: and West Texas Utilities Co. (“West ter, stating the nature of his interest, Four 2,200 horsepower engines to be Texas”), have filed an application-dec­ the reasons for such request, and the increased by 400 horsepower each to laration with this Commission pursuant issues of fact or law raised by said ap­ 2,600 horsepower each, and four 1,320 to the Public Utility Holding Company plication-declaration which he desires to Act of 1935 (“Act”) , designating sections controvert; or he may request that he be horsepower engines to be increased by 6, 7,9,10,12(b), and 12(f) of the Act and 230 horsepower each to 1,550 horsepower notified should the Commission order a Rules 43 and 45 promulgated thereunder hearing in respect thereof. Any such re­ each. as applicable to the proposed transac­ quest should be addressed: Secretary, The total estimated cost of the pro­ tions. All interested persons are referred Securities and Exchange Commission, posed construction is $1,653,527, which to the application-declaration, which is Washington, D.C. 20549. A copy of such summarized below, for a complete state­ request should be served personally or will be financed from funds on hand. ment of the proposed transactions. Protests or petitions to intervene may by mail (airmail if the person being The borrowing companies severally served is located more than 500 miles be filed with the Federal Power Commis­ propose to issue and sell to Central from from the point of mailing) upon the ap- sion, Washington, D.C. 20426, in ac­ time to time during 1967 and early 1968, plicants-declarants at the above-stated cordance with the rules of practice and and Central proposes to acquire, one or address, and proof of service thereof (by procedure (18 CFR 1.8 or 1.10) and the more of their unsecured promissory affidavit or, in case of an attorney at law, regulations under the Natural Gas Act notes, for the purpose of financing in by certificate) should be filed contempo­ (157.10) on or before February 13, 1967. part, their respective construction pro­ raneously with the request. At any time grams. The principal amount of notes Take further notice that, pursuant to after said date, the application-declara­ of each of the borrowing companies to be tion, as filed or as it may be amended, the authority contained in and subject outstanding at any one time will not ex­ may be granted and permitted to become to the jurisdiction conferred upon the ceed the amounts set forth below: Pro­ effective as provided in Rule 23 of the Federal Power Commission by sections 7 vided. That the aggregate principal general rules and regulations promul­ and 15 of the Natural Gas Act and the amount of notes of all the borrowing gated under the Act, or the Commission companies which may be outstanding at may grant exemption from such rules as Commission’s rules of practice and pro­ any one time shall not exceed $9 million. cedure, a hearing will be held without provided in Rules 20(a) and 100 thereof Central Power______- $4, 000, 000 or take such other action as it may further notice before the Commission on Oklahoma______4, 000, 000 deem appropriate. Persons who request this application if no protest or petition Southwestern______- 4, 500, 000 a hearing or advice as to whether a hear­ to intervene is filed within the time re­ West Texas______4,800,000 ing is ordered will receive notice of fur­ quired herein, if the Commission on its The initial note issued by a borrowing ther developments in this matter, in­ own review of the matter finds that a company^ will mature 1 year from its cluding the date of the hearing (if or­ grant of the certificate and permission- date, and any note subsequently issued by dered) and any postponements thereof. and-approval for the proposed abandon­ that company will mature on the same For the Commission (pursuant to dele­ ment are required by the public conven­ date; each note may be paid prior to gated authority). maturity, in whole or in part, without ience and necessity. If a protest or [seal] Orval L. DuBois, premium or penalty. The proposed notes Secretary. petition for leave to intervene is timely will bear interest at a rate of one-half of filed, or if the Commission on its own 1 percent per annum less than the prime [F.R. Doc. 67-877; Filed, Jan. 24, 1967; motion believes that a formal hearing is rate (now 6 percent per annum) in effect 8:48 a.m.] required, further notice of such hearing at The First National Bank of Chicago at the date of issue. The borrowing com­ will be duly given. panies expect to repay the loans from Under the procedure herein provided Central by permanent financing, the na­ TARIFF COMMISSION for, unless otherwise advised, it will be ture, timing, and extent of which have [332-50] unnecessary for Applicant to appear or not yet been determined and approval of be represented at the hearing. which must be obtained from this Com­ CERAMIC FLOOR AND WALL TILE mission. J oseph H. Gtxtride, Notice of Hearing Secretary. The filing states that the funds to be used by Central in making the proposed Notice is hereby given that the U.S. [F.R. Doc. 67-837; Filed, Jan. 24, 1967; Tariff Commission, on January 19, î»®'» 8:45 a.m.j loans to its subsidiary companies are now

FEDERAL REGISTER, VO L 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 889

ordered a public hearing to be held in originating at Plasti-Vac Corp. at Mont­ the United States-Canadian boundary connection with the investigation insti­ gomery, Pa. line, points in that part of North Dakota tuted under section 332 oi the Tariff Act HEARING: March 14,1967, at the Of­ on and west of a line beginning at the of 1930, as amended (19 U.S.C. 1332), in fices of the Interstate Commerce Com­ United States-Canadian boundary line, response to a resolution of the Committee mission, Washington, D.C., before Exam­ and extending along North Dakota High­ on Ways and Means, U.S. House of Rep­ iner Alvin H. Schutrumpf. way 30 through St. John, York, and resentatives, dated October 11, 1966, No. MC 115826 (Sub-No. 170) (Amend­ Medina, N. Dak., to Ashley, N. Dak., and which directed the Commission to make ment), filed January 3, 1967, published thence along North Dakota Highway 3 an investigation of the conditions of F ederal R egister issue of January 19, to the North Dakota-South Dakota State competition in the United States between 1967, amended January 13, 1967, and re­ line, and points in South Dakota west of ceramic floor and wall tile (glazed and published as amended, this issue. Ap­ the Missouri River, and north of a line unglazed, and including trim) produced plicant: W. J. DIGBY, INC., Post Office beginning at the Missouri River in in the United States and in foreign coun­ Box 5088, Terminal Annex, Denver, Colo. Pierre, S. Dak., and extending along tries. Notice of the institution of the 80217. Applicant’s representative: Tru­ U.S. Highway 14 to Philip, S. Dak., thence investigation was published in the F ed­ man A. Stockton, Jr., The 1650 Grant along South Dakota Highway 73 (form­ eral Register of October 25, 1966 (31 Street Building, Denver, Colo. 80203. erly U.S. Highway 14), to Philip Junc­ P JR.13735). Authority sought to operate as a common tion, S. Dak., thence along U.S. Highway The hearing will be held in the Hearing carrier, by motor vehicle, over irregular 16 (formerly U.S. Highway 14) to junc­ Room, Tariff Commission Building, routes, transporting: Foodstuffs, from tion U.S. Highway 14, thence along U.S. Eighth and E Streets NW., Washington, Modesto and Turlock, Calif., to points Highway 14 to junction Alternate U.S. D.C., beginning at 10 a.m., on May 9, in Arizona, Idaho, Montana, Nevada, New Highway 14 (formerly U.S. Highway 14), 1967. Interested parties desiring to ap­ Mexico, Oregon, Utah, Washington, and thence along Alternate U.S. Highway 14 pear and to be heard should notify the Wyoming. N ote: Applicant states tack­ to junction U.S. Highway 85 (formerly Secretary of the Commission, in writing, ing or joinder is not intended but possi­ U.S. Highway 14), thence along U.S. at least 3 days in advance of the date set ble with its other pending authority. Highway 85 to junction U.S. Highway for the hearing. The purpose of this republication is to 14, and thence along U.S. Highway 14 change the origin point. to the South Dakota-Wyoming State Issued: January 20,1967. HEARING: February 2, 1967, in Room line; (5) between points in Oklahoma, By order of the Commission. 7063, Federal Building, 300 North Los on and east of U.S. Highway 81, points Angeles Street, Los Angeles, Calif., before in Texas, on and east of U.S. Highway [seal] Donn N. B ent, Examiner Isadore Freidson. 281, and on and north of U.S. Highway Secretary. No. MC 14743 (Sub-No. 24) (Republi­ 90, and points in Kansas on and east [F.R. Doc. 67-888; Filed, Jam. 24, 1967; cation), filed August 3, 1964, published of UJS. Highway 81, and on and south of 8:49 ami.] F ederal R egister issue of August 19, U.S. Highway 54, on the one hand, and, 1964, and republished this issue. Appli­ on the other, points in Wyoming, and cant: E. L. POWELL & SONS TRUCK­ Colorado; Restriction: Service under the ING CO., INC., Post Office Box 356, Tulsa, authority specified immediately above is INTERSTATE COMMERCE Okla. 74101. Applicant’s representative: subject to the following conditions: All Benton Coopwood, 904 Lavaca Street, traffic must move through points in COMMISSION Austin, Tex. 78701. A report of the Oklahoma on and east of U.S. Highway [Notice 1019] Commission, Division 1, decided Decem­ 81, as a gateway. Said authority spec­ ber 28, 1966, and served January 17, ified immediately above may not be MOTOR CARRIER APPLICATIONS AND 1967, finds that operation by applicant, tacked or combined with any other au­ CERTAIN OTHER PROCEEDINGS in interstate or foreign commerce, as a thority granted herein above and used January 20,1967. common carrier by motor vehicle, over to provide a through service between Irregular routes of (1) earth drilling The following publications are gov­ points other than those named machinery and equipment, and (2) ma­ immediately above. erned by Special Rule 1.247 of the Com­ chinery, equipment, materials, supplies, mission’s rules of practice, published in (6) Between points in Oklahoma, on and pipe incidental to, used in, or in con­ the one hand, and, on the other, ports the Federal Register issue of April 20, nection with (a) the transportation, in­ .1966, which became effective May 20, of entry on the United States-Canada 1966. stallation, removal, operation, repair, international boundary line in Montana servicing, maintenance, and dismantling The publications hereinafter set forth and North Dakota between Sweetgrass, of drilling machinery and equipment, Mont., and Pembina, N. Dak., including reflect the scope of the applications as (b) the completion of holes or wells filed by applicant, and may include de­ Sweetgrass and Pembina; and (7) be­ drilled, (c) the production, storage, and tween Kansas City, Kans., and points in scriptions, restrictions, or limitations transmission of commodities resulting which are not in a form acceptable to Holt, Nodaway, Gentry, Harrison, Clay, from drilling operations at well or hole Grundy, Linn, Livingston, Daviess, De me Commission. Authority which ulti­ sites, and (d) the injection or removal mately may be granted as a result of the Kalb, Andrew, Buchanan, Clinton, Cald­ of commodities into or from hole or wells, well, Carroll, Chariton, Howard, Saline, applications here noticed will not neces­ (1) between points in Kansas, New Lafayette, Jackson, Cass, Johnson, Pet­ sarily reflect the phraseology set forth in Mexico, Oklahoma, and Texas; (2) be­ the application as filed, but also will tis Cooper, Morgan, Benton, Hickory, St. tween points in Oklahoma, and Kansas, Clair, Cedar, Vernon, Platte, Ray, Bates, eliminate any restrictions which are not on the one hand, and, on the other, and Henry Counties, Mo., and points in acceptable to the Commission. points in Arkansas, and Louisiana; Nemaha, Brown, Doniphan, Linn, Atchi­ Applications Assigned for Oral Hearing (3) between points in Oklahoma, on the son, Jackson, Pottawatamie, Jefferson, one hand, and, on the other, points in motor carriers of property Leavenworth, Osage, Wabauinsee, Shaw­ Mississippi, Colorado, and Wyoming. nee, Douglas, Johnson, Lyon, Coffey, No. MC 21170 (Sub-No. 251), filed (4) Between points in Oklahoma, onAnderson, Franklin, Miami, Allen, and January 9, 1967. Applicant: BOS the one hand, and, on the other, points Bourbon Counties, Kans., on the one “tSES, INC., 408 South 12th Avenue, in that part of Montana, on and east of hand, and, on the other, points in Utah Marshalltown, Iowa 50158. Authority a line beginning at the Montana- and Arizona; restricted against tacking sought to operate as a common carrier, Wyoming State line near Alzada, Mont., any authority granted herein with any y motor vehicle, over irregular routes, and extending along U.S. Highway 212 other authority held for the purpose of ransporting: Plastic articles (other than through Alzada, and Broadus, Mont., to conduction through operations; that °am, cellular, or expanded), except Miles City, Mont., thence along Montana applicant is fit, willing, and able prop­ commodities in bulk, from the plantsite Highway 22 through Hillside, Mont., erly to perform such service and to con­ to Jordan, Mont., thence northwesterly form to the requirements of that Inter­ 0 Plasti-Vac Corp. at Montgomery, Pa., in a straight line to Malta, Mont., and state Commerce Act and the Commis­ Holdrege, Nebr., restricted to traffic thence along Montana Highway 19 to sion’s rules and regulations thereunder.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 890 NOTICES Because it is possible that other parties any proper party in interest may file an materials, supplies, and pipe incidental who have relied upon the notice of the appropriate protest or other pleading. to, used in, or in connection with (a) application as published, may have an No. MC 71331 (Sub-No. 12) (Repub­ the transportation, installation, removal, interest in and would be prejudiced by lication), filed March 11, 1966, pub­ operation, repair, servicing, maintenance, the lack of proper notice of the author­ lished F ederal R egister issue of March and dismantling of drilling machinery j ity described in the findings in this 31, 1966, and republished this issue. and equipment, (b) the completion of order, a notice of the authority actually Applicant: FOY CHALKER AND A. C. holes or wells drilled, (c) the production, granted will be published in the F ederal CREEL, a partnership, doing business as storage, and transmission of commodities R egister and issuance of a certificate DOVE TRUCK LINE, Dothan, Ala. Ap­ resulting from drilling operations at well j in this proceeding will be withheld for a plicant’s representative: Maurice F. or hole sites, and (d) the injection or ] period of 30 days from the date of such Bishop, 325-29 Frank Nelson Building, removal of commodities into or from hole publication, during which period any Birmingham, Ala. By application filed or wells, between Midland, Tex., and j proper party in interest may file an ap­ March 11, 1966, applicant seeks a certifi­ points in Parmer, Castro, Swisher, Bris- j propriate protest or other pleading. cate of public convenience and necessity, coe, Hall, Bailey, Lamb, Hale, Floyd, No. MC 54847 (Sub-No. 7) (Republica­ authorizing operating in interstate or for­ Motley, Cottle, Foard, Knox, King, j tion), filed May 8, 1964, published F ed­ eign commerce, as a common carrier Dickens, Crosby, Lubbock, Hockley,: eral R egister issue of May 27,1964, and by motor vehicle, over irregular routes, Cochran, Yoakum, Terry, Lynn, Garza, j republished this issue. Applicant: IN­ of juices, beverages or drinks, other than Kent, Stonewall, Haskell, Throckmorton, j TRACOASTAL TRUCK LINE, TNC., citrus, not requiring refrigeration, from Stephens, Shackelford, Jones, Fisher, j Post Office Box 354, Harvey, La. Appli­ points in Florida, to Dothan, Ala., and Scurry, Borden, Dawson, Gaines, An- j cant’s representative: Austin L. Hatchell, points in Alabama within 125 miles of drews, Martin, Howard, Mitchell, Nolan, i Suite 1102, Perrybrooks Building, Austin, Dothan. An order of the Commission, Taylor, Callahan, Eastland, Brown, i Tex. A report of the Commission, Divi­ Operating Rights Board No. 1, dated De­ Coleman, Runnells, Coke, Sterling, Glas- sion 1, decided December 28, 1966, and cember 23, 1966, and served January 17, sock, Midland, Ector, Winkler, Ward, served January 17, 1967, finds that op­ 1967, as amended, finds that the present Crane, Upton, Reagan, Irion, Tom Green,: eration by applicant, in interstate or for­ and future public convenience and neces­ Concho, McCulloch, Mason, Menard, eign commerce, as a common carrier by sity require operation by applicant, in in­ Schleicher, Crockett, Pecos, Terrell, Val motor vehicle, over irregular routes of terstate or foreign commerce, as a com­ Verde, Sutton, Kimble, and Edwards (1) earth drilling machinery and equip­ mon carrier by motor vehicle, over irre­ Counties, Tex., on the one hand, and, on ment, and (2) machinery, equipment, gular routes, of canned nonalcoholic bev­ the other, points in New Mexico; that ap­ materials, supplies, and pipe inciden­ erages, other than citrus, from those plicant is fit, willing, and able properly tal to, used in, or in connection with points in that part of Florida east of the to perform such service and to conform (a) the transportation, installation, re­ Apalachicola River to points in Talla­ to the requirements of the Interstate moval, operation, repair, servicing, main­ poosa County (except Alexander City), Commerce Act and the Commission’s tenance, and dismantling of drilling Ala., and to points in Escambia, Monroe, rules and regulations thereunder. Be­ machinery and equipment, (b) the Wilcox, Dallas, Autauga, Chilton, Coosa, cause it is possible that other parties completion of holes or wells drilled, Chambers, Covington, Geneva, Houston, who have relied upon the notice of the (c) the production, storage, and trans­ Conecuh, Butler, Crenshaw, Coffee, Dale, application as published, may have an in- mission of commodities resulting from Henry, Barbour, Pike, Lowndes, Mont­ terest in and would be prejudiced by the 1 drilling operations at well or hole sites, gomery, Bullock, Russell, Macon, Lee, lack of proper notice of the authority j and (d) the injection or removal of com­ and Elmore Counties, Ala.; that appli­ described in the findings in this order, a j modities into or from hole or wells, (1) cant is fit, willing, and able properly to notice of the authority actually granted 1 between Harvey, La., and points in the perform such service and to conform to will be published in the F ederal R egister j following Louisiana Parishes: Washing­ the requirements of the Interstate Com­ and issuance of a certificate in this pro- j ton, Tangipahoa, St. Tammany, St. Ber­ merce Act and the Commission’s rules ceeding will be withheld for a period of 1 nard, Plaquemine, Jefferson, LaFourche, and regulations thereunder. Because 30 days from the date of such publica- j St. Charles, Terre Bonne, St. James, St. it is possible that other parties, who have tion, during which period any proper j John The Baptist, Assumption, St. Mary, relied upon the notice of the application party in interest may file an appropriate I St. Martin, Iberia, Part of St. Martin, as published, may have an interest in and protest or other pleading. Iberville, Ascension, Livingston, Pointe would be prejudiced by the lack of proper No. MC 111992 (Sub-No. 3) (Repub- Coupee, West Feliciana, East Feliciana, notice of . the authority described in the lication), filed June 1, 1964, published j West Baton Rouge, East Baton Rouge, findings in this order, a notice of the au­ F ederal R egister issue of June 17,1964, j thority actually granted will be published and republished, this issue. Applicant: j and St. Helena, on the one hand, and, S & W TRUCKS, INC., Post Office Box on the other, points in Mississippi, and, in the F ederal R egister and issuance (2) between points in that part of Louisi­ of a certificate in this proceeding will be 792, Loving Highway, Hobbs, N. Mex. withheld for a period of 30 days from 88240. Applicant’s representative: Aus- j ana, south of and including the follow­ tin L. Hatchell, Suite 1102, Perry-Brooks j ing parishes: Vernon, Rapides, Avoyelles, the date of such publication, during which period any proper party in inter­ Building, Austin, Tex. A report of the; Pointe Coupee, West Feliciana, East Feli­ Commission, Division 1, decided Decem­ ciana, St. Helena, Tangipahoa, and est may file an appropriate protest or other pleading. ber 28,1966, and served January 17,196", Washington, on the one hand, and, on finds that operation by applicant, m| the other, points in Alabama, Georgia, No. MC 97944 (Sub-No. 3) (Republica­ tion) , filed July 27, 1964, published interstate or foreign commerce, as a ^ and Florida; that, applicant is fit, willing, common carrier by motor vehicle, over] F ederal R egister issue of August 12, and able properly to perform such service irregular routes of (1) earth drilling wo- j and to conform to the requirements of 1964, and republished this issue. Ap­ plicant: LANE BROTHERS TRUCKING chinery and equipment, and (2) rt}ac'li\~,] the Interstate Commerce Act and the ery, equipment, materials, supplies, an Commission’s rules and regulations COMPANY, a corporation, Post Office thereunder. Because it is possible that Box 1827, San Angelo, Tex. 76901. Ap­ pipe incidental to, used in, or in cotnn,e,[ plicant’s representative: Jerry Prestridge, tion with (a) the transportation, instai- j other parties who have relied upon the lation, removal, operation, repair, servi- notice of the application as published, 12th Floor, Capital National Bank Building, Post Office Box 1148, Austin, ing, maintenance, and dismantling may have an interest in and would be drilling machinery and equipment, t prejudiced by the lack of proper notice of Tex. A report of the Commission, Divi­ the completion of holes or wells drill , the authority described in the findings in sion 1, decided December 28, 1966, and (c) the production, storage, and tran- this order, a notice of the authority ac­ served January 17, 1967, finds that op­ mission of commodities resulting ir tually granted will be published in the eration by applicant, in interstate or for­ drilling operations at well or hole si > F ederal R egister and issuance of a cer­ eign commerce, as a common carrier by and (d) the injection or removal of coin tificate in this proceeding will be with­ motor vehicle, over irregular routes of modities into or from hole or wells, held for a period of 30 days from the date (1) earth drilling machinery and equip­ between points in Eddy, Chaves, and of such publication, during which period ment, and (2) machinery, equipment, Counties, N. Mex., on the one hand, ai».

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 891 on the other, points in New Mexico on and on and west of Minnesota Highway conduct operation as a common carrier and east of U.S. Highway 285 and those 15, (2) between Minneapolis, Minn., on by motor vehicle, a permit authorizing in Texas on and west of U.S. Highway the one hand, and, on the other, points in the operations set forth above, properly 83, and on and north of a line extending South Dakota, and (3) between points in may be issued without the necessity of from junction U.S. Highways 83 and 290, South Dakota, on the one hand, and, making at this time the dual operations along U.S, Highway 290 to junction U.S. on the other, points in Minnesota, on and finding contemplated by section 210 of Highway 80, thence along UJS. Highway south of Minnesota Highway 55 and on the act. Because it is possible that other 80 to the Texas-New Mexico State line and west of Minnesota Highway 15, un­ parties,, who have relied upon the notice (except points in the Texas and New der continuing contract with Northwest of the application as published, may have Mexico Counties to the extent duplicated Bancorporation, Minneapolis, Minn., an interest in and would be prejudiced in (2) below; and First National Bank of Black Hills, Rapid by the lack of proper notice of the au­ (2) Between points in Harding, San City, S. Dak., First National Bank of thority described in the findings in this Miguel, Quay, Guadalupe, Torrance, So­ Marshall, Marshall, Minn., Federal Re­ order, a notice of the authority actually corro, De Baca, Curry, Roosevelt; Chaves, serve Bank, Minneapolis, Minn., and granted will be published in the Federal Sierra, Dona, Lincoln, Otero, Eddy, and Northwestern National Bank, Sioux Falls, R egister and issuance of a permit in [ Lea Counties, N. Mex., and Oldham, Pot­ S. Dak. this proceeding will be withheld for a ter, Armstrong, Deaf Smith, Randall, N ote : Applicant, is authorized to op­ period of 30 days from the date of such | Donley, Parmer, Castro, Swisher, Bris- erate as a common carrier in MC 111729, publication, during which period any I coe, Hall, Bailey, Lamb, Hale, Floyd, therefore, dual operations may be in­ proper party in interest may file an ap­ Motley, Cottle, King, Dickens, Crosby, volved. Common -control may be in­ propriate protest or other pleading. ■ Lubbock, Hockley, Cochran, Stonewall, volved. An order of the Commission, No. MC 113459 (Sub-No. 27) (Republi­ ; Kent, Garza, Lynn, Terry, Yoakum, Has- Operating Rights Board No. 1, dated De­ cation) , filed June 1, 1964, published ; kell, Jones, Fisher, Scurrey, Borden, cember 1, 1966, and served January 13, F ederal R egister issue of June 17, 1964, Dawson, Gaines, Taylor, Nolan, Mitchell, 1967, finds that operation by applicant, and republished this issue. Applicant: Howard, Martin, Andrews, Runnells, in interstate or foreign commerce, as a H. J. JEFFRIES TRUCK LINE, INC., Coke, Sterling, Glassock, Midland, Ector, contract carrier by motor vehicle, over 4720 South Shields Boulevard, Post Of­ Winkler, Loving, Culberson, Hudspeth, irregular routes, of such commercial fice Box 9450, Oklahoma City, Okla. Tom Green, Irion, Reagan, Upton, Crane, papers, documents, and written instru­ 73129. Applicant’s representative: Ward, Reeves, Schleicher, Crockett, Ter­ ments '(except currency and negotiable James W. Hightower, Wynnewood Pro­ rell, Pecos, Jeff Davis, Brewster, and Pre­ securities'), as are used in the business of fessional Building, Dallas, Tex. A re­ sidio Counties, Tex., that applicant is banks and banking institutions, (1) be­ port of the Commission, Division 1, de­ fit, willing, and able properly to perform tween Minneapolis, Minn., and points in cided December 28, 1966, and served such service and to conform to the re­ South Dakota, on the one hand, and, January 17,1967, finds that operation by quirements of the Interstate Commerce on the other, those points in that part of applicant, in interstate or foreign com­ Act and the Commission’s rules and regu­ Minnesota on and south of Minnesota merce, as a common carrier by motor lations thereunder. Because it is pos­ Highway 55, and on and west of Minne­ vehicle, over irregular routes of (1) earth sible that other parties who have relied sota Highway 15, and (2) between Min­ drilling machinery and equipment, and upon the notice of the application as neapolis, Minn., on the one hand, and, (2) machinery, equipment, materials, published, may have an interest in and on the other, points in South Dakota, supplies, and pipe incidental to, used in, would be prejudiced by the lack of proper under a continuing contract with banks or in connection with (a) the transporta­ notice of the authority described in the and banking institutions, will be consist­ tion, installation removal, operation, re­ findings in this order, a notice of the au­ ent with the public interest and the na­ pair, servicing, maintenance, and dis­ thority actually granted will be published tional transportation policy; that appli­ mantling of drilling machinery and in the Federal R egister and issuance of cant is fit, willing, and able properly to equipment, (b) the completion of holes a certificate in this proceeding will be perform such service and to conform to or wells drilled, (c) the production, stor­ withheld for a period of 30 days from the the requirements of the Interstate Com­ age, and transmission of commodities date of such publication, during which merce Act and the Commission’s rules resulting from drilling operations at well Period any proper party in interest may and regulations thereunder. In No. MC or hole sites, and (d) the injection or re­ file an appropriate protest or other plead­ 112750 (Sub-No. 73), Armored Carrier moval of commodities into or from holes ing. Corp. Extension—Vermont, 102 M.C.C. or wells, (1) between points in Oklahoma, No. MC 112750 (Sub-No. 224) (Repub- 411, on further hearing, the Commission (2) between points in Oklahoma, on the ucation), filed July 19, 1966, published (1) found that the transportation by ap­ one hand, and, on the other, points in Federal Register issue of August 25,1966, plicant of cash letters for banks and Illinois, (3) between points in Oklahoma, ^unpublished this issue. Applicant; banking institutions, such as is set forth Kansas, Texas, and Arkansas, and those AMERICAN COURIER CORPORATION, in the application here before us, is in Lea and Eddy Counties, N. Mex., (4) ^22-17 Northern Boulevard, Bayside, that of a contract carrier by motor vehi­ between points in Illinois south of U.S. N Y. 11361. Applicant’s representative: cle as defined in section 203(a) (15) of Highway 36, those in Indiana south of a uaude J. Jasper, 111 South Fairchild the Act. line beginning at the Indiana-Illinois street, Suite 301, Madison, Wis. By ap­ (2) Directed applicant, in the case ofState line, and extending along U.S. plication filed July 19, 1966, applicant those of its existing operations found to Highway 36 to Indianapolis; thence in- +a permit authorizing operations, be common carriage, to- file appropriate along U.S. Highway 40 to the Indiana- “* interstate or foreign commerce, as a applications to effectuate the conversion Ohio State line, and those in Bullitt, contract carrier by motor vehicle, over of said contract carrier permits to cor­ Hardin, Meade, Breckinridge, Hancock, routes of commercial papers, responding common carrier certificates, Daviess, Henderson, Union, Webster, Mc­ ocumcnts, and written instruments, in­ which conversion applications have since Lean, Crittenden, Hopkins, Ohio, Gray­ draft or*g*na,ls and copies of checks, been filed and assigned docket Nos. MC son, Edmonson, Hart, Warren, Butler, eh» no*'es’ money orders, travelers’ 111729 (Sub-Nos. 169, 170, and 171), MC Muhlenberg, Logan, Todd, Christian, in a S> and canceled bonds, and account- 126745 (Sub-No. 19), and MC 127431 Trigg, Simpson, Lyon, Caldwell, and Jef­ nrf .?a?ers relating thereto, including (Sub-No. 8) ; and (3) approved the dual ferson Counties, Ky„ including points on tprf1 «s and c°Pies of cash letters, let- operations resulting from the holding by the indicated portions of the highways of transmittal, summary sheets, applicant of those of its permits au­ specified. WjtVl^g machine tapes, deposit records, thorizing the transportation of cash let­ (5) Between points in Colorado, Kan­ repn^aTal slips’ and debit and credit ters, and the common carrier certificates sas, Louisiana, Oklahoma, Texas, and and « ?.xcePt coin, currency, bullion, (conditionally authorized to be issued in Wyoming, (6) between points in Okla­ a negotiable securities), (1) between that and other proceedings) authoriz­ homa, on the one hand, and, on the an7 eapolis’ ^mm, on the one hand, ing the transportation of commodities other, points in Montana, Nebraska, . on the other, points in Minnesota, North Dakota, South Dakota, and Utah, other than cash letters. Inasmuch as (7) between points in Nevada, on the one and south of Minnesota Highway 55, applicant now holds no certificates to hand, and, on the other, points in Wyo-

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 892 NOTICES ming, Colorado, Oklahoma, and Texas, by applicant, for purposes of rendering date of such publication, during which! (8) from Port Morgan, Colo., to points through service: Provided, however, That period any proper party in interest may! in Banner, Cheyenne, and Kimball Coun­ applicant intends to tack this authority file an appropriate protest or other ties, Nebr., (9) between Sterling, Colo., with that it presently holds in Certificate pleading. and points within 15 miles of Sterling, No. MC-116763 (Sub-No. 10) to serve No. MC 128471 (Republication), filed on the one hand, and, on the other, Winter Haven, Lakeland, and Lake July 21, 1966, published F ederal Regis- ! points in Banner, Cheyenne, and Kimball Wales, Fla., and render through service. ter issue of August 11, 1966, and repub­ Counties, Nebr., (10) from points in Ohio That this proceeding should be assigned lished, this issue. Applicant: LAH-i to points in Arkansas, Louisiana, New for further hearing, at a time and place MANN FILM SERVICE, INC., 5657 Mexico, Oklahoma, and Texas, and (11) to be hereafter fixed, on the question of Green Acres Court, Cincinnati, Ohio, from Tulsa, Okla., to points in Ohio; that whether the public convenience and ne­ Applicant’s representative: David A, applicant is fit, willing, and able properly cessity require operation by applicant in Sutherlund, 1120 Connecticut Avenue to perform such service and to conform interstate or foreign commerce, as a com­ NW., Washington, D.C. 20036. By appli­ to the requirements of the Interstate mon carrier by motor vehicle, over irreg­ cation filed July 21,1966, applicant seeks Commerce Act and the Commission’s ular routes, of the commodities, from a certificate of public convenience and rules and regulations thereunder. Be­ and to the points, and in the manner necessity authorizing operation, in inter­ cause it is possible that other parties who indicated above. state or foreign commerce, as a common have relied upon the notice of the appli­ No. MC 128076 (Sub-No. 3) (Republi­ carrier by motor vehicle, over irregular cation as published, may have an interest cation), filed July 22, 1966, published routes, of motion picture film and equip­ in and would be prejudiced by the lack F ederal R egister issue of September 1, ment and supplies used in the mainte­ of proper notice of the authority de­ 1966, and republished this issue. Appli­ nance of theaters, between points in 1 scribed in the findings in this order, a cant: PROTECTIVE SERVICE COM­ Hamilton County, Ohio. An order of the I notice of the authority actually granted PANY, 725-29 South Broad Street, Phila­ Commission, Operating Rights Board j will be published in the F ederal R egister delphia, Pa. 19147. Applicant’s repre­ No. 1, dated December 23, 1966, and! and issuance of a certificate in this pro­ sentative: Peter Platten, 1035 Land Title served January 13, 1967, finds that the] ceeding will be withheld for a period of Building, Philadelphia, Pa. 19110. By present and future public convenience] 30 days from the date of such publication, application filed July 22, 1966, applicant and necessity require operation by appli- ] during which period any proper party in seeks a permit authorizing operations, in cant, in interstate or foreign commerce, ] interest may file an appropriate protest interstate or foreign commerce, as a con­ as a common carrier by motor vehicle, ] or other pleading. tract carrier by motor vehicle, over ir­ over irregular routes, of (1) motion pic- ] No. MC 116763 (Sub-No. 19) (Repub­ regular routes, of business papers, re­ ture film, equipment, and equipment j lication), filed October 12, 1961, pub­ ports, records, and audit and account­ parts, and (2) equipment, materials, and lished F ederal R egister issue of Novem­ ing media of all kinds (excluding plant supplies used in the maintenance and ber 8, 1961, and republished this issue-. removals), between points in Dauphin, operation of theaters, between points in 1 Applicant: CARL SUBLER TRUCKING, Bucks, and Blair Counties, Pa*., and Bal­ Hamilton County, Ohio; that applicant j INC., Northwest Street, Versailles, Ohio timore County, Md., under contract with is fit, willing, and able properly to per- j 45380. Applicant's representative: Wil­ D & H Distributing Co., Inc. N ote: form such service and to conform to the j liam T. Croft, 1815 H Street NW., Wash­ Common control may be involved. An requirements of the Interstate Com­ ington, D.C. 20006, and Herbert Baker, order of the Commission, Operating merce Act and the Commission’s rules j 50 West Broad Street, Columbus, Ohio. Rights Board No. 1, dated December 22, and regulations thereunder. Because it A report of the Commission, Division 1, 1966, and served January 13, 1967, finds is possible that other parties, who have decided December 16, 1966, and served that operation by applicant, in interstate relied upon the notice of the application j December 30, 1966, as amended, finds or foreign commerce, as a contract car­ as published, may have an interest in that a notice should be published in the rier by motor vehicle, over irregular and would be prejudiced by the lack of j F ederal R egister of proposed operation routes, of business papers, reports, and proper notice of the authority described by applicant, in interstate or foreign records, and audit and accounting media, in the findings in this order, a notice of commerce, as a common carrier by motor between Baltimore County, Md., on the the authority actually granted will be vehicle, over irregular routes, of (1) one hand, and, on the other, points in published in the F ederal Register and canned goods, from points in Indiana lo­ Dauphin, Bucks, and Blair Counties, Pa., issuance of a certificate in this proceed-; cated in the Owensboro, Ky., commercial under a continuing contract with D & H ing will be withheld for a period of 30 zone, to Kenosha, Milwaukee, and Racine, Distributing Co., Inc., of Harrisburg, Pa., days from the date of such publication, Wis., and points in Illinois, Iowa, the will be consistent with the public inter­ during which period any proper party in Lower Peninsula of Michigan, Minne­ est and the national transportation pol­ interest may file an appropriate protest sota (except Duluth, Minneapolis, and icy; that applicant is fit, willing, and able or other pleading. St. Paul), that part of Missouri west of properly to perform such service and to Nos. MC 124546 and MC 124546 U.S. Highway 67, the St. Louis, Mo.-East conform to the requirements of the In­ Sub No. 2) (Notice of Filing of Peti­ St. Louis, 111., commercial zone, as de­ terstate Commerce Act and the Commis­ tion to Change Restriction) filed De­ fined by the Commission, New York (ex­ sion’s rules and regulations thereunder; cember 16, 1966. Petitioner: VELTMAN cept points in Kings, Queens, Nassau, and that an appropriate permit should be TERMINAL CO., 2160 East 7th Street, Suffolk Counties, N.Y.), Pennsylvania, issued, subject to the condition that the Los Angeles, Calif. Petitioner’s repre­ Ohio, and West Virginia; and person or persons who control the oper­ sentative: S. Harrison Kahn, Suite 733, (2) Empty cans and can lids, ends, and ations both of applicant and any other Investment Building, Washington, Dw labels, from Elwood, Ind., Cincinnati and carrier operating in interstate or foreign 20005. Petitioner states that it holds Hamilton, Ohio, Burlington, Wis., and commerce shall first obtain approval of authority in MC 124546, to transport as points in Illinois, Iowa, the Lower Penin­ such control under the provisions of sec­ follows: Such commodities as are sold by sula of Michigan, Missouri, New York, tion 5(2) of the Act or if such approval retail stores, from Los Angeles, C alif., to Pennsylvania, and West Virginia, to is not needed, shall so inform the Com­ the stores and warehouses of J. C. Penney points in Indiana located in the Owens­ mission by affidavits. Because it is pos­ Co.,' Inc., located at Santa Barbara, boro, Ky., commercial zone; restricted, sible that other parties, who have relied Calif., and at points in San Dm® insofar as traffic originating appoints in upon the notice of the application as Orange, and Ventura Counties, Calih* Illinois, Indiana, the Lower Peninsula of published, may have an interest in and points in Los Angeles County, C a lif;, e^‘ Michigan, New York, Ohio, Pennsylvania, would be prejudiced by the lack of proper cept Lancaster and Palmdale, Caiir, Wisconsin, and the St. Louis, Mo.-East notice of the authority described in the points in Riverside County, Calif., excep St. Louis, 111., commercial zone, is con­ findings in this order, a notice of the Blythe and Indio, Calif., and points in cerned, against the interchange of such authority actually granted will be pub­ San Bernardino County, Calif., traffic with other carriers, and against lished in the F ederal R egister and issu­ Victorville, Barstow, and Needles, Can*» the tacking or joining of such authority ance of a permit in this proceeding will be with no transportation for co m p en sate with any other authority presently held withheld for a period of 30 days from the on return except as otherwise authoiiz

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 893

Restriction: The service authorized here­ points in Massachusetts on the one hand, noke for delivery at Christiansburg, Va., in is subject to the following conditions: and, on the other, Washington, D.C., or any point between Roanoke and Chris­ ; The service authorized herein is re­ Baltimore, Md„ and New York, N.Y. tiansburg, and no shipments may be stricted in each instance to traffic having (and their commercial zones), and spec­ originated at Christiansburg, Va., for de­ : an immediately prior movement by rail. ified points in New Jersey, Connecticut, livery at Roanoke, Va., or any point be­ | The operations authorized herein are and Rhode Island. This application is tween Christiansburg and Roanoke, (2) ! limited to a transportation service to be a matter directly related to Docket No. between junction U.S. Highway 460 and ! performed, under a continuing contract, MC-F-9639, published F ederal R egister Virginia Highway 114 and Christians­ ; or contracts, with the J. C. Penney Co., issue of January 25, 1967. If a hearing burg, Va., in a circuitous manner; from ' Inc.; and in MC 124546 (Sub-No. 2) to is deemed necessary, applicant requests junction U.S. Highway 460 and Virginia I transport as follows: it be held at Washington, D.C., or Boston, Highway 114 over Virginia Highway 114 Such commodities as are sold b^ re- Mass. to Pepper, Va., thence back over Vir­ I tail stores, from Los Angeles, Calif., to No. MC 14702 (Sub-No. 16), filed De­ ginia Highway 114 to junction U.S. High­ I the stores and warehouses of the J. C. cember 27, 1966. Applicant: OHIO way 460, thence over U.S. Highway 460 i Penney Co., Inc., located in Lancaster, FAST FREIGHT, INC., Post Office Box . to Blacksburg and Pearisburg, Va., thence Palmdale, and Indio, Calif., and at 808, Warren, Ohio. Applicant’s repre­ over Virginia Highway 100 to Dublin, Va., points in Kern, King, Fresno, Tulare, and sentative: Paul F. Beery, 100 East Broad thence over U.S. Highway 11 to Chris­ San Joaquin Counties, Calif., with no Street, Columbus, Ohio 43215. Author­ tiansburg, restricted to no traffic shall be transportation for compensation on re­ ity sought to operate as a common car­ transported which originated on Virginia turn except as otherwise authorized. Re­ rier, by motor vehicle, over irregular Highway 100 destined to points on U.S. striction: The service authorized herein routes, transporting: General commodi­ Highway 11 between Dublin and Chris­ is subject to the following conditions: ties (except household goods, office tiansburg, (3) between junction U.S. The service authorized herein to Indio, furniture, and fixtures), between points Highway 220 and Virginia Highway 57 Calif., is restricted to traffic having an in Trumbull County, Ohio, and that part and Bassett, Va., over Virginia Highway immediately prior movement by rail. of Portage County, Ohio, bounded on the 57, (4) between Rocky Mount and Fer- The operations authorized herein are north by Ohio Highway 82 ; on the west rum, Va., over Virginia Highway 40, (5) limited to a transportation service to by a line beginning at the intersection between Roanoke and Stocky Mount, Va., lie performed, under a continuing con­ of Ohio Highway 82 and Ohio Highway over U.S. Highway 220 (or over Virginia tract, or contracts, with the J. C. Penney 700; thence south on Ohio Highway 700 Highway 919, operations over Virginia Co., Inc. By the instant petition, peti­ to the intersection of Ohio Highway 700 Highway 919 shall be limited to ship­ tioner seeks to modify its existing au­ and County Highway 211; thence south ments weighing in excess of 4,000 thority by changing the restrictions in on County Highway 211 to the intersec­ pounds), and (6) between Rich Creek MC 124546 with respect to antecedent tion with the northern boundary of the and Glen Lyn, Va., over U.S. Highway transportation, and that in MC 124546 Ravenna Ordnance Plant as of 1963; 460, serving all intermediate points in (1) (Sub-No. 2) with respect to antecedent thence continuing south on a linè pro­ through (6) above, unless otherwise spec­ transportation for traffic destined to In­ jected from the intersections of said ified, and off-route service is authorized dio, to read in the following manner: County Highway 211 with said northern to and from the points on the following Restricted to traffic having an immedi­ boundary of the Ordnance Plant to the routes: (1) Junction U.S. Highway 460 ately prior movement by rail, motor car­ point of intersection of County Highway and Virginia Highway 635 over Virginia rier, water, air, or freight forwarder 52 with the southern boundary of said Highway 635 to Kimballton, Va., (2) services. Petitioner does not seek the Ravenna Ordnance Plant; thence south junction Virginia Highway 100 and Vir­ elimination in any way of that part of on County Highway 52 to its intersection ginia Highway 42 over Virginia Highway the existing restrictions limiting peti­ with Ohio Highway 18; on the soùth 42 to White Gate, Va., and (3) junction tioner’s services to those under a con­ by Ohio Highway 18, and on the east U.S. Highway 460 and Virginia Highway tinuing contract with the J. C. Penney by thè Portage-Trumbull County line; 700 over Virginia Highway 700 to Moun­ Co., Inc. Petitioner states that no addi­ and Youngstown, Ohio, on the one hand, tain Lake, Va. N ote: This application is tional authority is, in substance, sought, and, on the other, points In Ohio. Note : a matter directly related to Docket No. and the change in its present restrictions Applicant states it would tack at Warren, MC-F-9632, published F ederal R egister will enable petitioner to meet its ship­ Ohio, the authority sought herein with issue of January 18, 1967. If a hearing pers growing transportation require­ its presently held authority to serve is deemed necessary, applicant requests it ments. Any interested person desiring points in West Virginia, Pennsylvania, be held at Washington, D.C., or Roanoke, to participate may file an original and New Jersey, Virginia, Maryland, New Va. Pj* copies of his written representations, York and the District of Columbia. Ap­ Applications Under S ections 5 and hew, or argument in support of, or plicant further states that this authority 210a(b) against the petition within 30 days from will also be joined with the authority of the date of publication in the F ederal Iron & Steel Transport, Inc. (sought in The following applications are gov-' Register. MC-F-9442) so as to serve points in erned by the Interstate Commerce Com­ Michigan, Indiana, New York, Pennsyl­ mission’s special rules governing notice Applications for Certificates or P er­ of filing of applications by motor carriers mits Which Are To B e P rocessed CON­ vania, West Virginia, and the Chicago, of property or passengers under sections CURRENTLY WITH APPLICATIONS UNDER 111., commercial zone. This application 5(a) and 210a(b) of the Interstate Com­ Section 5 Governed by S pecial R ule is directly related to MC-F-9628, pub­ merce Act and certain other proceedings 1.240 to the Extent Applicable lished F ederal R egister issue of January 11, 1967. If a hearing is deemed neces­ with respect thereto (49 CFR 1.240). No. Me 13692 (Sub-No. 9), filed sary, applicant requests it be held at MOTOR CARRIERS OF PROPERTY January 11, 1967. Applicant: E. J. Washington, D.C. ^ANNELL, INC., 151 Linwood Street, No. MC 64600 (Sub-No. 32) filed Jan­ No. MC-F-9292 (ESTES EXPRESS Somerville, Mass. 02143. Applicant’s uary 5, 1967. Applicant: WILSON LINES — P urchase — COASTAL representative: William P. Sullivan, 1826 TRUCKING CORPORATION, New Hope FREIGHT LINES, INC). (Republica­ ' E >son Place NW-> Washington, D.C. Road, Post Office Box 340, Waynesboro, tion), published in the December 22, 036. Authority sought to operate as Va. Applicant’s representative: Francis 1965, issue of the F ederal R egister on common carrier, by motor vehicle, over W. Mclnemy, 1000 16th Street NW„ Page 15831; and No. MC-97275 (Sub- ¿ y w w routes, transporting: Chem- Washington, D.C. 20036. Authority No. 19) (ESTES EXPRESS LINES— ini’ S^l0€s> shoe supplies, building mate- sought to operate as a common carrier, Common Carrier Application) (Repub­ Lr» Manufactured products, lubricating by motor vehicle, over regular routes, lication), published in the January 19, inS> waste materials, between points transporting: General commodities (ex­ 1966, issue of the F ederal R egister on Massachusetts. N ote: Applicant cept commodities in bulk), (1) between page 727, and republished this issue. By and Worcester, Mass., Roanoke and Rich Creek, Va., over U.S. order dated October 19,1966, as modified uia become additional gateways on the Highways 11 and 460, restricted to no by order dated January 5,1967, the Com­ ement of the involved traffic between shipments may be originated at Roa­ mission, Finance Board No. 1, in No.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 894 NOTICES MC-F-9292, authorized the purchase by From Richmond, to Petersburg, over tion Virginia Highway 684, thence Estes Express Lines, a Virginia corpora­ routes specified above, thence over U.S. over Virginia Highway 684 to junc­ tion, of Richmond, Va., of the interstate Highway 460 to Blackstone, Va., thence tion U.S. Highway 258, thence over and North Carolina intrastate operating over Virginia Highway 40 to Victoria, U.S. Highway 258 to Franklin, Va,. rights and certain property of Coastal Va., or from Blackstone, Va., over U.S. thence over U.S. Highway 258 to the Vir­ Freight Lines, Inc., of Elizabeth City, Highway 460 to Nottoway, Va., thence ginia-North Carolina State line, thence N.C., subject to condition modifying the over Virginia Highway 625 to junction return over U.S. Highway 258 to junction general-commodity descriptions in cer­ Virginia Highway 49, thence over Vir­ Virginia Highway 189, thence over Vir­ tificate No. MC-109483; and in No. MC- ginia Highway 49 to Victoria, Va., thence ginia Highway 189 to Holland, Va., thence 97275 (Sub-No. 19), granted a certificate over Virginia Highway 49 to Chase City, over Virginia Highway 653 to junction of public convenience and necessity to Va., thence over Virginia Highway 47 to Virginia Highway 616, thence over Vir­ Estes Express Lines, authorizing con­ Barnes Junction, Va., thence over U.S. ginia Highway 616 to Whaleyville, Va., tinuance of the operations and services Highway 360 to junction Virginia High­ thence over U.S. Highway 13 to Suffolk, lawfully provided under its certificates of way 304, thence over Virginia Highway serving Hercules, Va., as an off-route registration of Virginia intrastate cer­ 304 to South Boston. point. tificates, subject to republication in the 5. Between Amelia, Va., and Waverly, 9. Between Kenbridge, Va., and junc­ F ederal R egister of the authority Va.: tion U.S. Highway 360 and Virginia granted. The reason for republication From Amelia, over Virginia Highway Highway 646: is that in redescribing the authority some 614 to junction Virginia Highway 625, From Kenbridge, over Virginia High­ enlargement may have resulted. Any thence over Virginia Highway 625 to way 637 to South Hill, Va., thence over proper party in interest may file an Blackstone, Va;, thence over Virginia U.S. Highway 1 to the Virginia-North appropriate protest or other pleading Highway 40 to Waverly, serving Amelia, Carolina State line, thence return over within 30 days of such republication. and Waverly, for joinder only. U.S. Highway 1 to junction Virginia Applicants’ attorney: Francis W. Mc- 6. Between junction U.S. Highway 460 Highway 712, thence over Virginia High-, Inerney, 1000 16th Street NW., Suite 502, and Virginia Highway 153 and junction way 712 to junction Virginia Highway Washington, D.C. 20036. U.S. Highway 460 and Virginia Highway 4, thence over Virginia Highway 4 to The proposed certificate embraces the 156: junction Virginia Highway 707, thence operating rights in certificate No. MC- From junction U.S. Highway 460 and over Virginia Highway 707 to Boydton, 109483, issued December 20, 1949, to be Virginia Highway 153, over Virginia Va., thence over Virginia Highway 92 to acquired by the above-named carrier Highway 153 to junction Virginia High­ Chase City, Va., thence over Virginia pursuant to, and as modified by, No. way 708, thence over Virginia Highway Highway 646 to junction U.S. Highway MC-F-9292, and the operating rights au­ 708 to Sutherland, Va., thence over U.S. 360, serving the junction of U.S. Highway thorized in No. MC-97275 (Sub-No. 19), Highway 460 to junction Virginia High­ 360 for joinder only. subject to cancellation of the certificates way 627, thence over Virginia Highway 10. Between La Crosse, Va., and junc­ of registration in No. MC-97275 (Sub- 627 to Dinwiddie, Va., thence over Vir­ tion Virginia Highway 40 and Virginia Nos. 14, 15, 16, 17, and 18). ginia Highway 703 to Carson, Va., thence Highway 635: over U.S. Highway 301 to junction Vir­ From La Crosse, Va., over Virginia PROPOSED REVISED CERTIFICATE ginia Highway 156, thence over Virginia Highway 618 to junction Virginia High­ Regular routes: General commodities, Highway 156 to junction U.S. Highway way 637, thence over Virginia Highway except household goods as defined by the 460, serving junction U.S. Highway 460 637 to South Hill, Va., thence over U.S. Commission, commodities in bulk, and with Virginia Highway 156 for joinder Highway 1 to junction Virginia Highway commodities requiring special equipment, only. 664, thence over Virginia Highway 664 1. Between Norfolk, Va., and Manteo, 7. Between Blackstone, Va., and to junction V irgin ia Highway 635, N.C., serving off-route points on Roanoke Wakefield, Va.: thence over Virginia Highway 635 to Island, N.C.: From Blackstone, over Virginia High­ junction Virginia Highway 40. From Norfolk over Virginia Highway way 40 to junction Virginia Highway 46, 11. Between Ford, Va., and Lawrence- 170 to the Virginia-North Carolina State thence over Virginia Highway 46 to Law- ville, Va.: line, thence over North Carolina High­ renceville, Va., thence over U.S. Highway From Ford, over Virginia Highway 622 way 170 to junction North Carolina 58 to Edgerton, Va., thence over Virginia to junction Virginia Highway 610, thence Highway 34, thence over North Carolina Highway 712 to junction Virginia High­ over Virginia Highway 610 to junction Highway 34 to Barco, N.C., and thence way 608, thence over Virginia Highway Virginia Highway 40, thence over Vir­ 608 to Jarratt, Va., thence over Virginia ginia Highway 40 to McKenney, Va., over U.S. Highway 158 to Manteo. thence over U.S. Highway 1 to junction 2. Between Elizabeth City, N.C., and Highway 631 to junction Virginia High­ way 35, thence over Virginia Highway Virginia Highway 712, thence over Vir­ Sligo, N.C.: 35 to junction Virginia Highway 622, ginia Highway 712 to Edgerton, Va., From Elizabeth City over North Caro- thence over U.S. Highway 58 to junction J lina Highway 170 to Sligo. thence over Virginia Highway 622 to junction Virginia Highway 620, thenee Virginia Highway 670, thence over Vir­ 3. Between Manteo, N.C., and Stumpy over Virginia Highway 620 to Wakefield, ginia Highway 670 to junction Virginia Point, N.C., serving the off-route point serving Dundas, Va., as an off-route Highway 46, thence over Virginia High­ of East Lake, N.C.: point, and Wakefield, for joinder only. way 46 to the Virginia-North Carolina From Manteo over North Carolina 8. Between South Boston, Va., and State line, thence return over Virginia Highway 345 to Croatan Sound, N.C., Suffolk, Va., over the following routes: Highway 46 to Lawrenceville. thence by ferry to Manns Harbor, N.C., From South Boston, over U.S. High­ 12. Between Petersburg, Va., and the thence over unnumbered highway to way 501 to junction Virginia Highway Virginia-North Carolina State line: Stumpy Point. 96, thence over Virginia Highway 96 to From Petersburg, over U.S. Highway 4. Between Richmond, Va., and South Virgilina, Va., thence over Virginia High­ 301 (also over Interstate Highway 95) to Boston, Va.: way 49 to junction U.S. Highway 58,' the Virginia-North Carolina State line. . From Richmond, over U.S. Highway 1 thence over U.S. Highway 58 to Suffolk. 13. Between Petersburg, Va., ana (also over U.S. Highway 301, or Inter­ From South Boston, over U.S. High­ Windsor, Va.: state Highway 95) to Petersburg, Va., way 58 to Broadnax, Va., thence over Vir­ From Petersburg, over U.S. High­ thence over U.S. Highway 1 to South ginia Highway 659 to junction Virginia way 301 to junction Virginia Highly Hill, Va., thence over U.S. Highway 58 to Highway 611, thence over Virginia High­ Highway 9 5 ), thence over Virginia Hig South Boston, Va. way 611 to Emporia, Va., thence over way 35 to Courtland, Va., thence ov From Richmond, to South Hill, over Virginia Highway 730 to junction Vir­ Virginia Highway 616 to junction y1 routes specified above, thence over Vir­ ginia Highway 195, thence over Vir­ ginia Highway 603, thence over Virgin1» ginia Highway 47 to Barnes Junction, ginia Highway 195 to Boykins, Va., Highway 603 to junction U.S. Highway Va., thence over U.S. Highway 360 to thence over Virginia Highway 35 to 258, thence over U.S. Highway 253 Halifax, Va., thence over U.S. Highway junction Virginia Highway 673, thence Windsor, serving Windsor for J°m 501 to South Boston. over Virginia Highway 673 to junc­ only.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967

i NOTICES 895 14. Between Dinwiddie, Va., and (G) Between junction Virginia High­ 22. Between Adner, Va., and junction Wakefield, Va.: ways 40 and 626 and junction Virginia Virginia Highways 30, 168, and 168Y, Prom Dinwiddie, over Virginia High­ Highways 626 and 619: traversing U.S. Highway 301 for operat­ way 619 to Emporia, Va., thence over Prom junction Virginia Highways 40 ing convenience only: Virginia Highway 730 to junction Vir­ and 626 over Virginia Highway 626 to From Adner, over Virginia Highway 14 ginia Highway 653, thence over Virginia junction Virginia Highway 619. to St. Stephens Church, Va., thence over Highway 653 to junction Virginia High­ (H) Between Courtland, Va., and U.S. Highway 360 to Aylett, Va., thence way 35, thence over Virginia Highway 35 junction Virginia Highways 35 and 673: over Virginia Highway 600 to junction to junction Virginia Highway 628, thence Prom Courtland, over Virginia High­ Virginia Highway 601, thence over Vir­ over Virginia Highway 628 to Wakefield, way 35 to junction Virginia Highway 673. ginia Highway 601 to junction U.S. High­ serving Wakefield for joinder only. (I) Between Courtland, Va., and junc­ way 301, thence over U.S. Highway 301 to 15. Between Ivor, Va., and Windsor, tion Virginia Highways 646 and 641 : junction Virginia Highway 30, thence Va.: H From Courtland, over Virginia High­ over Virginia Highway 30 to junction Vir­ Prom Ivor, over Virginia Highways 616, way 646 to junction Virginia Highway ginia Highways 168 and 168Y, serving 603, and 641 to junction U.S. Highway 641. Walkerton, Va., as an off-route point, and 58, thence over U.S. Highway 58 to junc­ (J) Between junction U.S. Highway 58 the junction of Virginia Highways 168 tion U.S. Highway 258, thence over U.S. and Virginia Highway 641 and junction and 168Y, for joinder only. Highway 258 to Windsor, serving Ivor Virginia Highway 641 and U.S. Highway 23. Between White Stone, Va., and St. and Windsor for joinder only. 258: Stephens Church, Va.: 16. Between Disputanta, Va., and From junction U.S. Highway 58 and From White Stone, over Virginia Drewry ville, Va. : Virginia Highway 641 over Virginia Highway 3 to junction Virginia High­ From Disputanta, over Virginia High­ Highway 641 to junction U.S. Highway way 33, thence over Virginia Highway 33 way 618 to junction Virginia Highway 258. to junction U.S. Highway 17, thence over 627, thence over Virginia Highway 627 18. Between Suffolk, Va., and Norfolk, U.S. Highway 17 to Glenns, Va., thence to junction Virginia Highway 35, thence Va.: over U.S. Highway 17 to Tappahannock, over Virginia Highway 35 to junction From Suffolk, over U.S. Highway 460 Va., thence over Virginia Highway 627 Virginia Highway 626, thence over Vir­ to Norfolk. to junction Virginia Highway 630, thence ginia Highway 626 to Sussex, Va., thence From Suffolk, over U.S. Highway 58 over Virginia Highway 630 to junction over Virginia Highway 735 to junction to Norfolk. Virginia Highway 721, thence over Vir­ Virginia Highway 659 and Virginia High­ From Suffolk, over U.S. Highway 337 ginia Highway 721 to junction U.S. way 308, thence over Virginia Highway to Norfolk. . Highway 301, thence return over Vir­ 308 to junction U.S. Highway 58, thence From Suffolk, over routes specified ginia Highway 721 to St. Stephens over U.S. Highway 58 to junction Virginia above to Bowers Hill, Va., thence over Church, serving the junction of Virginia Highway 659, thence over Virginia High­ U.S. Highway 13 to Norfolk. Highway 721 and U.S. Highway 301 for way 659 to Drewryville (also from junc­ 19. Between Richmond, Va., and Nor­ joinder only. tion Virginia Highways 735, 659, and 308, folk, Va.: 24. (A) Between Lester Manor, Va., oyer Virginia Highway 659 to Drewry­ From Richmond, over UJS. Highway and junction Virginia Highways 30 and ville), serving Disputanta for joinder 60 to Seven Pines, Va. (also from Rich­ 633 and 632: onlyiaj mond, over Virginia Highway 33 to Seven From Lester Manor over Virginia 17. (A) Between junction U.S. High­ Pines), thence over U.S. Highway 60 to Highway 632 or Virginia Highway 633 way 460 and Virginia Highway 611 and Bottoms Bridge, Va., thence over Vir­ to junction Virginia Highway 30. junction Virginia Highway 610 and Vir­ ginia Highway 33 to Glenns, Va., thence (B) Between Urbana, Va., and junc­ ginia Highway 153 : over U.S. Highway 17 to Yorktown, Va., tion Virginia Highways 33 and 227: Prom junction of U.S. Highway 460 thence over Virginia Highway 238 to From Urbana over Virginia Highway and Virginia Highway 611 over Virginia junctions Interstate Highway 64 and Vir­ 227 to junction Virginia Highway 33. Highway 611 to junction Virginia High­ ginia Highway 168, thence over Inter­ (C) Between Bowling Green, Va., and way 708, thence over Virginia Highway state Highway 64 and Virginia Highway junction Virginia Highways 628 and 600: 708 to junction Virginia Highway 610, 168 to junction U.S. Highway 17, thence From Bowling Green over U.S. High­ thence over Virginia Highway 610 to over U.S. Highway 17 to junction U.S. way 301 to Port Royal, Va., thence over junction Virginia Highway 153. Highway 13, thence over U.S. Highway U.S. Highway 301 to junction U.S. High­ (B) Between Mannboro, Va., and 13 to Norfolk (also from junction U.S. way 17, thence over UJS. Highway 17 to junction Virginia Highways 612 and 153: Highway 17 over Virginia Highway 168 junction Virginia Highway 642, thence Prom Mannboro, over Virginia High­ and Interstate Highway 64 to junction over Virginia Highway 642 to junction way 612 to junction Virginia Highway U.S. Highway 60, thence over Virginia 153. .'-I Virginia Highway 625, thence over Vir­ Highway 168, Interstate Highway 64, or ginia Highway 625 to junction Virginia (C) Between Darvills, Va., and junc­ U.S. Highway 60 to Norfolk). Highway 628, thence over Virginia tion U.S. Highway l and Virginia High­ 20. Between Talleysville, Va., and way 613: Highway 628 to junction Virginia High­ junction Virginia Highways 156 and 33: way 600. Prom Darvills, over Virginia Highway • From Talleysville, over Virginia High­ Restriction: No freight to be picked 613 to junction U.S. Highway 1. way 609 to junction Virginia Highway (D) Between Barnes Junction, Va., 606, thence over Virginia Highway 606 up or delivered at Bowling Green, or snd Chase City, Va. : to junction U.S. Highway 360, thence the terminal area of Bowling Green, ex­ Prom Barnes Junction, over U.S. High­ over U.S. Highway 360 to Mechanicsville, cept Camp A. P. Hill, Va., serving Bowl­ way 15 to the Virginia-North Carolina Va., thence over Virginia Highway 156 ing Green for joinder only. State line, thence return over U.S. High­ to junction Virginia Highway 33. (D) Between Camp A. P. Hill, Va., and way 15 to junction Virginia Highway 49, 21. Between Richmond, Va., and the junction Virginia Highways 630 and thence over Virginia Highway 49 to Virginia-District of Columbia State line: 608: Chase City. From Richmond, over U.S. Highway From Camp A. P. Hill over Virginia (E) Between junction Virginia High- 360 to Tappahannock, Va., thence over Highway 608 to junction Virginia High­ ways 304 and 344 and Staunton River U.S. Highway 17 to Fredericksburg, Va., way 630. State Park, Va.: and thence over U.S. Highway 1 to the (E) Between junction UJS. Highway 17 Prom junction Virginia Highways 304 Virginia-District of Columbia State line and Virginia Highway 631 and junction and 344 over Virginia Highway 344 to (also from Fredericksburg, over Inter­ Virginia Highways 635 and 627: otaunton River State Park. state Highway 95 to the Virginia-District From junction of Virginia Highway (F> Between junction UJS. Highway 58 of Columbia State line), serving Fran­ 631 and U.S. Highway 17 over Virginia v?CL^ rg*n*a ®shway 4 and junction conia, Va., as an off-route point. Highway 631 to junction Virginia High­ V12Linia Highways 4 and 707: Restriction: No freight shall be both way 635, thence over Virginia Highway Prom junction U.S. Highway 58 and originated and delivered between Fred­ 635 to junction Virginia Highway 627. irginia Highway 4 over Virginia High­ ericksburg, Va., and the Virginia-District . (F) Between Falmouth, Va., and Staf­ way 4 to junction Virginia Highway 707. of Columbia State line. ford Court House, Va.:

No. 16—Pt. I---- 7 FEDERAL* REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 896 NOTICES Prom Falmouth, over Virginia High­ Prom Langley, ovef ^Virginia Highway way 301 to Bowling Green, Va., thence way 664 to junction Virginia Highway 193 to Dranesville, Var, thence over Vir­ over Virginia Highway 2 to junction U.S. 607, thence over Virginia Highway 607 ginia Highway 7 to junction Virginia Highway 17, thence over U.S. Highway 17 to junction Virginia Highway 608, thence Highway 28, thence over Virginia High­ to Fredericksburg. over Virginia Highway 608 to junction way 28 to Herndon, Va., thence over Vir­ (D) From Richmond, over Interstate Virginia Highway 687, thence over Vir­ ginia Highway 606 to junction Virginia Highway 95 to junction Virginia High­ ginia Highway 687 to Stafford Court Highway 7, serving Sunset Hills, Va., as way 54, thence over Virginia Highway 54 House. an off-route point. to junction U.S. Highway 301, thence (G) Between junction Ü.S. Highway. 1 (C) Between junction of U.S. High­ over U.S. Highway 301 to Bowling Green, and Virginia Highway 611, and Wide way 522 and the Virginia-West Virginia Va., thence over Virginia Highway 2 to Water, Va.: State line and the junction of U.S. High­ junction U.S. Highway 17, thence over Prom junction U.S. Highway 1 and way 50 and the Virginia-West Virginia U.S. Highway 17 to Fredericksburg. Virginia Highway 611 over Virginia State line : 32. Between Bowling Green, Va., and Highway 611 to Wide Water. . Prom the Virginia-West Virginia State junction Interstate Highway 95 and Vir­ (H) Between junction Interstate High­ line over U.S. Highway 522 to Winches­ ginia Highway 207: way 95 and the Marine Corps Trunk ter, Va., thence over U.S. Highway 50 to From Bowling Green over Virginia Highway, Va., and the Potomac River: the Virginia-West Virginia State line. Highway 207 to junction with Interstate From junction Interstate Highway 95 Return over routes 1 through 26 to Highway 95. and the Marine Corp Trunk Highway points of origin. Return over routes 27 through 32 to points of origin. over the Marine Corps Trunk Highway to SERVICE AUTHORIZED ON ROUTES 1 the Potomac River. THROUGH 26 SERVICE AUTHORIZED ON ROUTES 27 (I) Between junction of U.S. Highway THROUGH 32 1 and Virginia Highway 633 and the Service is authorized at all intermedi­ Potomac River. ate points on Routes 1 through 26 ex­ No service is authorized at intermedi­ Prom junction of U.S. Highway 1 and cept where otherwise restricted, and ate points on Routes 27 through 32. Virginia Highway 633 over Virginia service is authorized in connection with Service is not authorized to or from Highway 633 to the Potomac River. said routes on that portion of Interstate points in the District of Columbia or (J) Between Woodbridge, Va., and Oc- Highway 495 located in Virginia. Maryland. coquan, Va.: From Woodbridge over Service is not authorized to or from No. MC-F-9629 (Correction) (YAR­ Virginia Highway 123 to Occoquan. points in the District of Columbia or BROUGH TRANSFER CO.—Purchase (K) Between Hollowing Point, Va., Maryland. (Portion) —RAEFORD TRUCKING and Springfield (Garfield), Va.: ALTERNATE ROUTES FOR OPERATING CO.), published in the January 11, 1967, Prom Hollowing Point, Va., over Vir­ CONVENIENCE ONLY issue of the F ederal R egister, on page ginia Highway 600 to junction Virginia 297. This notice inadvertently failed to Highway 242, thence over Virginia High­ 27. Between Richmond, Va., and junc­ state a conversion application in MC- way 242 to junction Virginia Highway tion Virginia Highway 47 and U.S. High­ 112288 Sub 3 was filed on July 13, 1966, 600, thence over Virginia Highway 600 way 15 and U.S. Highway 360: and published in the F ederal R egister on to junction Interstate Highway 95, From Richmond over U.S. Highway 360 September 29, 1966, on page 12741, and thence over Interstate Highway 95 to to junction with Virginia Highway 47 is a matter directly related. junction Virginia Highway 642, thence and U.S. Highway 15. No. MC-F-9637. Authority sought for over Virginia Highway 642 to Lorton, Va., 28. Between Petersburg, Va., and Suf­ control by LEASE PLAN INTERNA­ thence over Virginia Highway 642 to In­ folk, Va. TIONAL CORP., 130 Steamboat Road, terstate Highway 95, thence over Inter­ From Petersburg over U.S. Highway Great Neck, N.Y. 11022, of BEER state Highway 95 to junction Virginia 460 to Suffolk. TRANSPORT, INC., 576 Waterview Highway 638, thence over Virginia High­ * 29. Between Richmond, Va., and Nor­ Avenue, Bridgeport, Conn., and for ac­ way 638 to junction U.S. Highway 1, folk, Va: quisition by PEPSICO, INC., 500 Park thence over U.S. Highway 1 to junction (A) From Richmond, over U.S. High­ Avenue, New York, N.Y. 10022, of control Virginia Highway 611, thence over Vir­ way 60 to Norfolk. of BEER TRANSPORT, INC., through ginia Highway 611 to junction Virginia (B) From Richmond, Va., over U.S. the acquisition by LEASE PLAN INTER­ Highway 241, thence over Virginia High­ Highway 60 to junction Virginia Highway NATIONAL CORP. Applicants’ attor­ way 241 to Alexandria, Va., thence over 168Y to junction Virginia Highway 168, ney and representative: Edward F. Virginia Highway 967 to junction Vir­ thence over Virginia Highway 168 to Bowes, 1060 Broad Street, Newark, N.J. ginia Highway 644, thence over Virginia junction U.S. Highway 60, thence over 07102, and Edward V. Lahey, Jr., 500 Highway 644 to Springfield. U.S. Highway 60 (also from junction Park Avenue, New York, N.Y. 10022. Restriction: No freight shall be both Virginia Highway 168 with Virginia Operating rights sought to be controlled. originated and delivered, between Fred­ Highway 168Y, over Interstate Highway In pending Docket No. MC-127806 Sub 2, ericksburg, Va., and Virginia-District of 64) to Norfolk. seeking a permit of public convenience Columbia State line. (C) From Richmond over Interstate and necessity, covering the transporta­ 25. Between Alexandria, Va., and Win­ Highway 64 to Norfolk. tion of malt beverages, in containers chester, Va.: 30. Between Tappahapnock, Va., and (other than in bulk, in tank vehicles) Prom Alexandria, over Virginia High­ Greys Point, Va.: and advertising materials and displays, way 7 to Falls Church, Va. (also from From Tappahannock, over U.S. High­ as a contract carrier, over irreguiai Rosslyn, Va., over Virginia Highway 211 way 360 to junction Virginia Highway 3, routes, from the plantsites of Rheingoia to Palls Church), thence over Virginia thence over Virginia Highway 3 to Greys Breweries, Inc., in New York, N.Y., an* Highway 7 to Winchester, serving Ash- Point. ■ Orange, N.J., to West Hartford, WU- burn, Gaylord, Hillsboro, Government 31. Between Richmond, Va., and Fred­ limantic, Fairfield, Torrington, and Nor­ Weather Bureau Mine, Lovettsville, ericksburg, Va.: walk, Conn., and Medford, West Bridge- Lucketts, Waterford, and Wheatland, (A) From Richmond, over Interstate water, Framingham, Somerville, an Va., as off-route points. Highway 95 to Fredericksburg. Lawrence, Mass., and empty containers 26. (A) Between Dulles International (B) From Richmond, over U.S. High­ and pallets used for the transportation Airport, Va., and the junction of Dulles way 1 to junction Virginia Highway 54, of such malt beverages, and return an. Airport Road and Interstate Highway thence over Virginia Highway 54 to rejected shipments on return, note. 66 : junction Interstate Highway 95, thence Applicant states the proposed operati Prom Dulles International Airport over over Interstate Highway 95 to Fred­ will be performed under a continuing Dulles Airport Road to junction of Inter­ ericksburg. contract with the Rheingold Brewen , state Highway 66, (C) From Richmond, over U.S. High­ Inc., Brooklyn, N.Y., and C. Carbon _ (B) Between Langley (Fairfax Coun­ way 1 to Virginia Highway 54, thence Co., Somerville, Mass., LEASE PL^\ ty) , Va., and junction Virginia Highway over Virginia Highway 54 to junction INTERNATIONAL CORP., ho1 „JL 7 and Virginia Highway 606: U.S. Highway 301, thence over U.S. High- authority from this Commission, b

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 897 ever, it controls (1) NATIONAL Richmond Counties, N.Y., and certain (except commodities in bulk, in tank ve­ TRAILER CONVOY, INC., Box 8096 specified points in New Jersey, to cer­ hicles), in retail delivery service, as a Dawson Station, 1925 National Plaza, tain specified points In New Jersey; contract carrier, over irregular routes, Tulsa, Okla., (2) POOD TRANSPORT, molasses, from Albany, N.Y., and Wee- between Elizabeth and Maywood, N.J., INC., 1601 Bronxdale Avenue, Bronx, hawken and Edgewater, N.J., to certain on the one hand, and, on the other, N.Y. 10462, (3) MARKET HAULAGE, specified points in New Jersey; asphalt, points in Putnam, Rockland, and West­ INC., 333 North Bedford Road, Mount in bulk, in insulated tank vehicles, with chester Counties, N.Y., and New York, Kisco, N.Y. 10549, and (4) RELAY heating coils, from certain specified N.Y., with restriction; and (B) controlled TRANSPORT, INC., 130 Steamboat points in New Jersey, to Lancaster, Pa.; and merged: such commodities as are Road, Great Neck, N.Y. 11024, which are asphalt, In bulk, in tank vehicles, from dealt in by mail-order stores, the busi­ authorized to operate as contract carriers Baltimore, Md., to Gloucester City, N.J.; ness of which is the sale of general com­ in (1) all points in the United States and hot liquid asphalt and hot asphalt modities, as a contract carrier, over ir­ (except Hawaii), (2) New York, New road oil (except coal tar and coal tar regular routes, from Kansas City, Mo., Jersey, and Connecticut, (3) New York, products) in insulated tank vehicles, and Kansas City, Kans., to certain speci­ Connecticut, Rhode Island, New Jersey, from Baltimore, Md., to certain specified fied points in Kansas and Missouri; such and Maryland, and (4) New York, New points in Pennsylvania. AC TRANS­ commodities (described above) as are Jersey, Pennsylvania, Connecticut, Vir­ PORTATION, INC., is authorized to refused, repossessed, damaged, or re­ ginia, Delaware, Massachusetts, Mary­ operate as a common carrier in New turned for repair, from the above desti­ land, and the District of Columbia. York, Connecticut, New Jersey, Penn­ nation points to Kansas City, Mo., and Application has not been filed for tem­ sylvania, Delaware, Maryland, North Kansas City, Kans.; such merchandise porary authority under section 210a (b). Carolina, Rhode Island, South Carolina, as is dealt in by mail-order stores and No. MC-F-9639. Authority sought for Virginia, and the District of Columbia. department stores, the business of which purchase by E. J. SCANNELL, INC., 151 Application has not been filed for tem­ is the sale of general merchandise, from Linwood Street, Somerville, Mass. 02143, porary authority under section 210a(b). points in the Kansas City, Mo.-Kans., of the operating rights and property of No. MC-F-9641. Authority sought commercial zone, as defined by the Com­ WALTER P. VICKERS, SR., doing busi­ (A) for purchase by SIGNAL DELIVERY mission, to certain specified points in ness as VICKERS TRUCKING CO., 26 SERVICE, INC., 782 Industrial Drive, Kansas and Missouri; and damaged, de­ Shurtliff Street, Chelsea, Mass., and for Elmhurst, 111. 60126, of the operating fective, repossessed, or traded-in ship­ acquisition by HARLYN CORPORA­ rights and certain property of (1) ments of tiie commodities described im­ TION, also of Somerville, Mass., of con­ MARC’S DELIVERY CORP., 357 Wilson mediately above, from certain specified trol of such rights and property through Avenue, Newark, N.J., and of the oper­ points in Kansas and Missouri, to points the purchase. Applicants’ attorney: ating rights of (2) DEAN APPLIANCE in the Kansas City, Mo.-Kans., commer­ William P. Sullivan, 1825 Jefferson Place TRANSPORTATION CORP., 2995 Bo­ cial zone, as defined by the Commission; NW., Washington, D.C. 20036. Operat­ tanical Square, Bronx, N.Y.; and (B) with restriction. SIGNAL DELIVERY ing rights sought to be transferred: for control and merger by SIGNAL DE­ SERVICE, INC., is authorized to operate Under a certificate of registration, in LIVERY SERVICE, INC., 782 Industrial as a contract carrier in Hlinois, Indiana, Docket No. MC-97463 Sub-2, covering Drive, Elmhurst, HI. 60126, of the oper­ Michigan, Ohio, New York, Pennsylvania, the transportation of chemicals, shoes, ating rights and property of PAYNE West Virginia, and Wisconsin. Applica­ shoe supplies, building materials, manu­ TRANSFER, INC., 1701 Bryant Build­ tion has not been filed for temporary au­ factured products, lubricating oils, waste ing, Kansas City, Mo., and for acquisi­ thority under section 210a(b). materials, as a common carrier, in intra­ tion by LEASEWAY TRANSPORTA­ No. MC-F-9642. Authority sought for state commerce, over irregular routes, TION CORP., and, in turn by H. M. purchase by LONG ISLAND MOTOR within the State of Massachusetts. Ven­ O’NEILL, P. J. O’NEILL, and W. J. HAULAGE CORP., 58—51, 52d Avenue dee is authorized to operate as a common O’NEILL, all of 21111 Chagrin Boule­ (Woodside) New York, N.Y. 11377, of carrier in Maryland, Massachusetts, vard, Cleveland, Ohio 44122, of control the operating rights of P. A. L. TRANS­ Connecticut, Rhode Island, New Jersey, of such rights and property through the PORTATION CO., INC. (DEBTOR IN Delaware, and the District of Columbia. transactions. Applicants’ attorneys: POSSESSION), 202 Plymouth Street, Application has been filed for tempo­ Ewald E. Kundtz, 1050 Union Com­ Brooklyn, New York, N.Y., and for ac­ rary authority. N ote: MC-13692 Sub. merce Building, Cleveland, Ohio 44115, quisition by JOSEPH WEISDORF, 594 No. 9 is a matter directly related. Roland Rice, 618 Perpetual Building, June Place, North Woodmere, N.Y., of No. MC-F-9640.. Authority sought for Washington, D.C. 20004, and Maxwell A. control of such rights through the pur­ control and merger by AC TRANSPOR­ Howell, 1511 K Street NW., Washington, chase. Applicants’ attorneys: William TATION, INC., Mutton Hollow Road, D.C. 20005. Operating rights sought to Biederman, 280 Broadway, New York, Woodbridge, N.J. 07095, of the operating be (A) transferred: (1) Such general N.Y. 10007, and Max Schwartz, 26 Court rights and property of BERWICK merchandise as is dealt in by retail de­ Street, Brooklyn, N.Y. Operating rights TRANSPORTERS, INC., 1400 Elizabeth partment stores, a contract carrier, over sought to be transferred: Under a certif­ Avenue, Linden, N.J. 07036, and for regular routes, from Philadelphia, Pa., icate of registration, in Docket No. acquisition by RICHARD L. SENDELL, to Delaware City, Del., serving all inter­ MC-96897 Sub-1, covering the transpor­ 255 Raven’s Wood, Mountainside, N.J., mediate points, and off-route points in tation of general commodities and ALBERT R. PINK, 210 Sycamore Ave­ Delaware north of Delaware City; such household goods in lift-vans, as a nue, Shrewsbury, N.J., MURRAY SIE­ merchandise as is dealt in by mail-order common carrier, in intrastate commerce, GEL, 1024 Byron Avenue, Elizabeth, N.J., houses, over irregular routes, between within the State of New York. Vendee HAROLD SIEGEL, 751 Vine Street, Trenton, N.J., on the one hand, and, on is authorized to operate as a common Elizabeth, N.J., and JOHN D. HOLMES, the other, points in Pennsylvania within carrier in New York, New Jersey, and Rural Delivery No. 1, Center Harbor,. 50 miles of Trenton, N.J.; such general Pennsylvania. Application has been NH., of control of such rights and prop­ merchandise as is dealt in by retail de­ filed for temporary authority under sec­ erty through the transaction. Appli­ partment stores from Philadelphia, Pa., tion 210a(b). N ote: Docket No. MC- cants’ representative: William D. Traub, to points in Delaware and New Jersey 32566 Sub-4 is a matter directly related. 10 East 40th Street, New York, N.Y. within 25 miles of Philadelphia, Pa.; and See also MC-F-9643 (ARROW TRANS­ 10016. Operating rights sought to be such merchandise as is dealt in by retail PORTATION CO., INC.—Purchase (Por­ controlled and merged: Petroleum prod­ departm ent stores and mail-order tion)—LONG ISLAND MOTOR HAUL­ ucts, solvents, and alcohol, in tank ve­ houses, from Wilmington, Del., to certain AGE CORP.), filed simultaneously this hicles, as a common carrier, over irregu­ specified points in Maryland, Pennsyl­ same issue. lar routes, from certain specified points vania, and New Jersey, from Falls Town­ No. MC-F-9643. Authority sought for ?n v"ew Jersey, to certain specified points ship and Tullytown, Pa., to points in New purchase by ARROW TRANSPORTA­ m Hew Jersey; damaged, defective, re­ Jersey within 50 miles thereof, with re­ TION CO., INC., 288 Kinsley Avenue, jected, or refused shipments of petroleum strictions; and Providence, R.I., of a portion of the op­ 4C^S> solvents, and alcohol, in tank (2) Merchandise, dealt in by retail de­ erating rights of LONG ISLAND MOTOR vehicles, from points in Rockland and partment stores and mail-order houses HAULAGE CORP., 58-51 52d Avenue,

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 898 NOTICES Woodside, N.Y. (which rights are con­ New Hampshire, New Jersey, New York, Michigan, Illinois, Indiana, West Vir­ tingent upon approval by the Commis­ Ohio, Pennsylvania, Rhode Island, Ten­ ginia, Pennsylvania, and New York, to sion, of the authority sought to be ac­ nessee, Texas, Vermont, Virginia, Wis­ the plantsite of the Lawrence Refactories quired in MC-F-9642), and for acquisi­ consin, and points in Illinois except those Clay Co., in Elizabeth Township, Law­ tion by HENRY MALKIN, 167 Perry which are in the Chicago, HI., commer­ rence County, Ohio; refactories (except Street, New York, N.Y., and SAMUEL cial zone, as defined by the Commission, furnace and stove lining shapes and plas­ MALKIN, 288 Kinsley Avenue, Provi­ and certain specified points in Michigan, tic brick), from Oak Hill, Ohio, and dence, R.I., of control of such rights with exceptions, from Oak Hill, Ohio, points in Ohio within 14 miles of Oak through the purchase. Applicants’ at­ and points in Ohio within 6 miles of Oak Hill, to points in Alabama, Connecticut, torneys: Thomas W. Murrett, 410 Hill, to points in Minnesota, Missouri, Illinois, Indiana, Iowa, Kentucky, Maine, Asylum Street, Hartford, Conn., Morris Alabama, Connecticut, Illinois, Indiana, Maryland, Massachusetts, Mich­ J. Levin, 1632 K Street, Washington, Iowa, Kentucky, Maine, Maryland, Mas­ igan, Minnesota, Missouri, New Hamp­ D.C., and William Biederman, 280 sachusetts, Michigan, New Hampshire, shire, New Jersey, New York, Pennsyl­ Broadway, New York, N.Y. Operating New Jersey, New York, Ohio, Pennsyl­ vania, Rhode Island, Tennessee, Texas, rights sought to be transferred: (The vania, Rhode Island, Tennessee, Texas, Vermont, Virginia, West Virginia, and following rights are presently in the Vermont, Virginia, West Virginia, and Wisconsin; refactories, from the plant- name of P. A. L. TRANSPORTATION Wisconsin. site of the Esso-Ramtite Co., near Siloam, COMPANY, INC., under a certificate of Clay products, furnace or stove lining Ky., to points in Illinois, Indiana, Mich­ registration, in Docket No. MC-96897 shapesplastic, brick, salt, and silica igan, New York, Ohio, Pennsylvania, and Sub 1.) General commodities, as a flour, from Oak Hill, Ohio, and points in West Virginia, from the plantsite of the common carrier, in intrastate commerce, Ohio within 14 miles of Oak Hill, to Lawrence Refactories Clay Co., in between New York City, on the one hand, points in the States specified immediately Elizabeth Township, Lawrence County, and, on the other, all points in Nassau above; raw materials and supplies used Ohio, to points in Illinois, Indiana, Ken­ County, and from New York City to all in the manufacture and shipping of clay tucky, Michigan, New York, Pennsyl­ points in Suffolk County. Vendee is products, from points in Minnesota, vania, and West Virginia; from South authorized to operate as a common car­ Missouri, Alabama, Connecticut, Illinois, Shore, Ky., to points in Alabama, Florida, rier in New York, Massachusetts, Con­ Indiana, Iowa, Kentucky, Maine, Mary­ Georgia (except Atlanta and Dalton, necticut, Rhode Island, and New Jersey. land, Massachusetts, Michigan, New Ga., and the commercial zones thereof, Application has been filed for temporary Hampshire, New Jersey, New York, Ohio, as defined by the Commission), Iowa, authority under section 210a(b). N ote: Pennsylvania, Rhode Island, Tennessee, Louisiana, Maryland, Massachusetts, MC-107588 Sub-No. 7 is a matter directly Texas, Vermont, Virginia, West Virginia, Minnesota, Missouri (except St. Louis, related. See also MC-F-9642 (LONG- and Wisconsin, to Oak Hill, Ohio, and Mo., and the commercial zone thereof, ISLAND MOTOR HAULAGE CORP.— points in Ohio within 14 miles of Oak as defined by the Commission), New Purchase—P. A. L. TRANSPORTATION Hill; machinery, used in the manufac­ Jersey, New York, North Carolina, cer­ CO., INC. (Debtor in Possession), filed ture and shipping of clay and clay prod­ tain specified points in Ohio (except simultaneously this same issue. ucts, from points in Pennsylvania, Illi­ Columbus, Ohio and the commercial zone thereof, as defined by the Commis­ No. MC-F-9644. Authority sought for nois, Indiana, West Virginia, and the Lower Peninsula of Michigan, to Oak sion) , that part of Pennsylvania east of control and merger by PENNSYLVANIA- Highway 219, Rhode Island, South Caro­ OHIO EXPRESS, INC., Box 256, Oak Hill, Ohio, and points within 6 miles of Oak Hill; machinery used in the manu­ lina, Tennessee (except Chattanooga, Hill, Ohio 45656, of the operating rights Knoxville, and Nashville, Term., and the and property of GRANT TRUCKING, facture and shipping of clay products, from points in Kentucky, to Oak Hill, commercial zones thereof, as defined by INC., Box 256, Oak Hill, Ohio 45656, and the Commission), Virginia, certain for acquisition by DARRELL D. DETTY, Ohio, and points within 6 miles of Oak Hill; charcoal, from Oak Hill, Ohio, and specified points in West Virginia (except 409 Mill Lawn Avenue, Oak Hill, Ohio points within 6 miles of Oak Hill, to Barboursville, Ceredo, Princeton, Blue- 45656, of control of such rights and field, Charles Town, St. Albans, Hunting- property through the transaction. Ap­ points in Indiana, West Virginia, Ken­ tucky, Pennsylvania, Illinois, and the ton, South Charleston, Kenova, Parkers­ plicants’ representative: Paul F. Berry, burg, and Belle, W. Va., and the 100 East Broad Street, Columbus, Ohio Lower Peninsula of Michigan; ferro alloys and pig iron (except in bulk, in commercial zone thereof, as defined by 43215. Operating rights sought to be the Commission), and Wisconsin, with controlled and merged: Metal storage dump trucks), from Jackson, Ohio, to points in Michigan, Pennsylvania, West restriction. bins, metal shelving, and metal factory Clay, clay products, and refactory furniture and equipment, as a common Virginia, Indiana, and Kentucky; empty- pallets and containers therefor, used in products, from Ironton, Ohio, to points carrier, over irregular routes, from transporting the immediately above- in Alabama, Connecticut, Delaware, Wellston, Ohio, to points in Connecticut, Florida, Georgia, Iowa, Kentucky, Louisi­ Georgia, Illinois, . Indiana, Kentucky, named commodities, from points in Michigan, Pennsylvania, West Virginia, ana, Maryland, Massachusetts, Minne­ Maryland, Massachusetts, Michigan, New sota, Missouri, New Jersey, New York, Jersey, New York, North Carolina, Penn­ Indiana, and Kentucky to Jackson, Ohio; brick and clay products, from the plant- North Carolina, Pennsylvania, Rhode sylvania, South Carolina, Tennessee, Island, South Carolina, Tennessee, Vir­ Texas, Virginia, West Virginia, Wiscon­ site of the Esso-Ramtite Co., near Siloam, Ky., to points in Ohio, Michigan, ginia, West Virginia, and Wisconsin; sin, and the District of Columbia; ferro Illinois, Indiana, West Virginia, Penn­ silica sand, silica gravel, and quartzite, alloys and pig iron, in bulk, in dump sylvania, and New York; damaged or in bags and in bulk, from points in Jack- trucks, from Jackson, Ohio, to points in son Township, Pike County, Ohio, to Indiana, Michigan, Kentucky, Pennsyl­ returned shipments of brick and clay products and pallets used in the trans­ points in Illinois, Indiana, Kentucky, vania, and West Virginia, from Jackson, portation of such products, from the Michigan, New York, Pennsylvania, and Ohio, to all points in Illinois, New York, immediately above-specified destination West Virginia; and iron and steel and and Wisconsin; soil pipe and soil pipe iron and steel articles, from the plantsite fittings, from Jackson, Ohio, to points in points to the plantsite of the Esso- Ramtite Co., near Siloam, Ky. of the Bethlehem Steel Corp., located at Illinois, Indiana, Kentucky, Michigan, Bums Harbor, Porter County, Ind., w New York, Pennsylvania, West Virginia, Brick and clay products, from the plantsite of the Lawrence Refactories points in Ohio and West Virginia, witn and Wisconsin; scrap iron, from points Clay Co., in Elizabeth Township, restriction. PENNSYLVANIA - OHIO in Illinois, Indiana, Kentucky, Michigan, EXPRESS, INC., is authorized to operate New York, Pennsylvania, West Virginia, Lawrence County, Ohio, to points in Ken­ and Wisconsin, to Jackson, Ohio; clay, tucky, Michigan, Illinois, Indiana, West as a common carrier in West Virginia, from points in Bloom Township, Scioto Virgina, Pennsylvania, and New York; Pennsylvania, Ohio, and Maryland. Ap­ damaged or returned shipments of the plication has not been filed for temporary County, Ohio, and Elizabeth Township, above-named commodities, and pallets, authority under section 210a(b). Note. Lawrence County, Ohio, to points in Min­ containers, or other packing materials nesota, Missouri, Alabama, Connecticut, used in the transportation of brick and Upon approval of this Application, Ap­ Iowa, Maine, Maryland, Massachusetts, clay products, from points in Kentucky, plicants propose then to change the name

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 899 of the surviving corporation (PENN- property through the purchase. Appli­ FOURTH SECTION APPLICATION SYLVANIA-OHIO EXPRESS, INC.) to cants’ attorneys: Axelrod, Goodman and FOR RELIEF GRANT TRUCKING, INC. Steiner, 39 South La-Salle Street, Chi­ No. MC-F-9646. Authority sought cago, 111. 60603, and Nelson Lancione, 44 January 20, 1967. for purchase by GREEN COUNTY FAST East Broad Street, Columbus, Ohio 43215. Protests to the granting of an applica­ FREIGHT, INC., Post Office Box 280, Operating rights sought to be trans­ tion must be prepared in accordance with Monroe, Wis. 53566, of the operating ferred: Under a certificate of registra­ Rule 1.40 of the general rules of practice rights and property of O. L. HARE, do­ tion in Docket No. MC-85472 Sub 2, cov­ (49 CFR 1.40) and filed within 15 days ing business as GREEN COUNTY FAST ering the transportation of property, as a from the date of publication of this no­ FREIGHT, Post Office Box 280, Monroe, common carrier, in intrastate commerce, tice in the F ederal R egister. Wis. 53566, and for acquisition by DART within the State of Ohio. Vendee is au­ TRANSIT COMPANY, 780 North Prior thorized to operate as a common carrier Long-and-S hort Haul Avenue, St. Paul, Minn., of control of in Kansas, Ohio, Missouri, Indiana, Illi­ FSA No. 40871—Returned shipments such rights and property through the nois, Pennsylvania, West Virginia, Ken­ between points in the United States. purchase. Applicants’ attorneys: Singer tucky, and New York. Application has Filed by Pacific Southcoast Freight Bu­ and Hardman, 33 North La Salle Street, not been filed for temporary authority reau, agent (No. 255), for interested rail Chicago, 111. 60602, and Edward Solie, under section 210a(b). Note: N o. MC- carriers. Rates on property moving on 4513 Vernon Boulevard, Madison, Wis. 59729 Sub 18 is a matter directly related. class and commodity rates, returned to 53705. Operating rights sought to be original point of shipment, between transferred: Casein, feed, casein equip­ motor carrier of passengers points in the United States. ment, and empty containers for casein, No. MC-F-9638. Authority sought for Grounds for relief—Carrier competi­ as a common carrier, over irregular control by TRANSCONTINENTAL BUS tion. routes, between certain specified points SYSTEM, INC., 315 Continental Avenue, in Wisconsin, with exception, on the Dallas, Tex. 75207, of (1) SOUTHERN By the Commission. one hand, and, on the other, Chicago, STAGES, INC., 448 Pine Street, Macon, [seal] H. Neil Garson, 111.; farm machinery and farm supplies, Ga., and (2) ATLANTIC STAGES, INC., Secretary. from Chicago, 111., and points in Illinois 448 Pine Street, Macon, Ga. Applicants’ in the Chicago, 111., commercial zone, as attorneys: Carl B. Callaway, D. Paul [F.R. Doc. 67-895; Filed, Jan. 24, 1967; defined by the Commission, to points in Stafford, and Warren A. Goff, all of 315 8:49 a.m.] that part of Wisconsin within 200 miles Continental Avenue, Dallas, Tex. 75207. of Madison, Wis., located south and west Operating rights sought to be controlled: [Notice 430] of U.S. Highway 12, not including points (1) Passengers and their baggage, and on the indicated portion of U.S. Highway express and newspapers, in the same ve­ MOTOR CARRIER ALTERNATE ROUTE 12; such merchandise, as is dealt in by hicle with passengers, as a common car­ DEVIATION NOTICES both food manufacturing establishments, rier, over regular routes, between Augus­ the business of which is the processing, ta, Ga., and Columbus, Ga., between January 20,1967. manufacture, and sale of prepared food Augusta, Ga., and Milledgeville, Ga., The following letter-notices of pro­ products, and wholesale food business between Macon, Ga., and Americus, Ga., posals to operate over deviation routes houses, and in connection therewith, between Sandersville, Ga., and junction for operating convenience only have been equipment, materials, and supplies used Georgia Highways 68 and 24 at a point filed with the Interstate Commerce Com­ in the conduct of such business, when approximately 3 miles west of Sanders­ mission, under the Commission’s Devi­ moving to or from warehouses, plants, or ville, between Geneva, Ga., and Roberta, ation Rules Revised, 1957 (49 CFR 211.1 other facilities of such establishments, Ga., between Gray, Ga., and Athens, Ga., (c) (8)) and notice thereof to all inter­ between Chicago, 111., on the one hand, between Fort Valley, Ga., and Reynolds, ested persons is hereby given as provided and, on the other, points in that part of Ga., between Macon, Ga., and Milledge­ in such rules (49 CFR 211.1 (d) (4)). Wisconsin south and west of U.S. High­ ville, Ga., serving all intermediate points; Protests against the use of any pro­ way 12 (not including points located on and (2) Passengers and their baggage, posed deviation route herein described U.S. Highway 12), from Chicago, 111., to and express, mail and newspapers, in may be filed with -the interstate Com­ points in Jo Daviess, Stephenson, and the same vehicle with passengers, as a merce Commission in the manner and Winnebago Counties, 111.; cheese, from common carrier, over regular routes, form provided in such rules (49 CFR 211.1 Points in Jo Daviess, Stephenson, and between Columbus, Ga., and Ellaville, (e)) at any time, but will not operate to Winnebago Counties, 111., to Chicago, 111., Ga., between Buena Vista, Ga., and stay commencement of the proposed op­ with . restriction; and fertilizer, from Americus, Ga., between Savannah, Ga., erations unless filed within 30 days Bloom Township (Cook County), 111., to and Americus, Ga., between Richland, from the date of publication. certain specified points in Wisconsin. Ga., and Americus, Ga., serving all in­ GREEN COUNTY FAST FREIGHT, Successively filed letter-notices of the termediate points; between Americus, same carrier under the Commission’s De­ INC., holds no authority from this Com­ Ga., and Ellaville, Ga., serving no inter­ mission. However, it is controlled by viation Rules Revised, 1957, will be num­ mediate points, between Macon, Ga., and bered consecutively for convenience in DART TRANSIT COMPANY, 780 North Higgston, Ga., serving all intermediate Prior Avenue, St. Paul, Minn. 55104, identification and protests if any should points; and passengers and their bag­ refer to such letter-notices by number. which is authorized to operate as a com­ gage and express, and newspapers in the mon carrier in Minnesota, Iowa, Wiscon­ same vehicle with passengers, between Motor Carriers of P roperty sin, North Dakota, South Dakota, Illinois, Thomaston, Ga., and Macon, Ga., serving Michigan, Missouri, Nebraska, Kansas, all intermediate points. TRANSCONTI­ No. MC 26739 (Deviation No. 26), and Montana. Application has not been NENTAL BUS SYSTEM, INC., is author­ CROUCH BROS., INC., Post Office Box filed for temporary authority under sec­ ized to operate as a common carrier in 1059, St. Joseph, Mo. 64502, filed Janu­ tion 210a(b). Illinois, Missouri, Kansas, California, ary 11, 1967. Carrier proposes to oper­ No. MC-F-9647. Authority sought for Colorado, New Mexico, Texas, Oklahoma, ate as a common carrier, by motor ve­ Purchase by MORRISON MOTOR Utah, Arizona, Nebraska, Iowa, Arkan­ hicle, of general commodities, with cer­ FREIGHT, INC., 1100 East Jenkins sas, and Louisiana. Application has not tain exceptions, over a deviation route Boulevard, Akron, Ohio 44306, of the op­ been filed for temporary authority under as follows: Between Kansas City, Kans., erating rights and property of BRAD- section 210a (b). and Lawrence, Kans., over Interstate DOCK MOTOR FREIGHT, INC., Post Highway 70, for operating convenience Office Box 340, Washington Court House, By the Commission. only. The notice indicates that the car­ Ohio, and for acquisition by MARMAC rier is presently authorized to transport INSURANCE AGENCY, INC., and in turn [seal] H. N eil Garson, the same commodities, over a pertinent by HELKEN, INC., and K . C. HEFFRON, Secretary. service route as follows: Between Kan­ all of 135 South La Salle Street, Chicago, [F.R. Doc. 67-894; Filed, Jan. 24, 1967; sas City, Kans., and Lawrence, Kans., ill. 60603, of control of such rights and 8:49 a.m.] over U.S. Highway 40.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 900 NOTICES

No. MC 26739 (Deviation No. 27), follows: *(1) From Cleveland, Ohio, over Interstate Highway -80 and Iowa High­ CROUCH BROS., INC., Post Office Box Interstate Highway 71 to Columbus, Ohio, way 149 over Iowa Highway 149 to junc­ 1059, St. Joseph, Mo. 64502, filed Janu­ thence over Interstate Highway 70 (using tion U.S. Highway 6 near South Amana, ary 11, 1967. Carrier proposes to oper­ U.S. Highway 40 to the extent necessary Iowa, (3) from junction Interstate High­ ate as a common carrier, by motor ve­ because of the incompletion of Interstate way 80 and Iowa Highway 146 over Iowa hicle, of general commodities, with cer­ Highway 70) to Indianapolis, Ind., thence Highway 146 to Grinnell, Iowa, (4) from tain exceptions, over a deviation route as over Interstate Highway 74 to Danville, junction Interstate Highway 80 and Iowa follows: Between Kansas City, Kans., and 111., and (2) from Akron, Ohio, over In­ Highway 14 over Iowa Highway 14 to Topeka, Kans., over Interstate Highway terstate Highway 80S to junction Inter­ Newton, Iowa, (5) from junction Inter­ 70, for operating convenience only. The state Highway 71, thence to Danville, state Highway 80 and Interstate High­ notice indicates that the carrier is pres­ 111., as specified in (1) above, and return way 235 over Interstate Highway 235 via ently authorized to transport the same over the same routes, for operating con­ Des Moines, Iowa, to junction Interstate commodities, over a pertinent service venience only. The notice indicates that Highway 80 in West Des Moines, Iowa, route as follows: Between Kansas City, the carrier is presently authorized to (6) from junction Interstate Highway Kans., arid Topeka, Kans., over U.S. transport the same commodities, over 80 and U.S. Highway 71 over U.S. High­ Highway 40. pertinent service routes as follows: (1) way 71 to junction Iowa Highway 90, No. MC 26739 (Deviation No. 28), From Cleveland, Ohio, over U.S. High­ (7) from junction Interstate Highway CROUCH BROS., INC., Post Office Box way 6 to junction Ohio Highway 2 (for­ 80 and Interstate Highway 80N near 1059, St. Joseph, Mo., 64502, filed Janu­ merly portion U.S. Highway 6), thence Neola, Iowa, over Interstate Highway ary 11, 1967. Carrier proposes to oper­ over Ohio Highway 2 via Sandusky, Ohio, 80N to junction Interstate Highway 29 ate as a common carrier, by motor ve­ to junction U.S. Highway 6, thence over near Loveland, Iowa, and return over hicle, of general commodities, with cer­ U.S. Highway 6 to junction unnumbered the same routes, for operating conven­ tain exceptions, over a deviation route as highway (formerly portion U.S. Highway ience only. The notice indicates that the follows: From Kansas City, Kans., over 6), thence over unnumbered highway via carrier is presently authorized to trans­ Interstate Highway 70 to Lawrence, Fremont, Ohio, to junction U.S. Highway port passengers and the same property Kans., thence over U.S. Highway 24 to 6, thence over U.S. Highway 6 to Bremen, over pertinent service routes as follows: Topeka, Kans., and return over thè same Ind., thence over Indiana Highway 331 (1) From De Kalb, 111., over Alternate route, for operating convenience only. to Mishawaka, Ind., thence over U.S. U.S. Highway 30 to junction U.S. High­ The notice indicates that the carrier is Highway 33 to South Bend, Ind., thence way 30, thence over U.S. Highway 30 to presently authorized to transport the over U.S. Highway 20 to Chicago, HI., junction Illinois Highway 2, thence over same commodities, over a pertinent serv­ thence over U.S. Highway 66 to junction Illinois Highway 2 to junction Illinois ice route as follows: Between Kansas Alternate U.S. Highway 66, thence over Highway 92, thence over Illinois High­ City, Kans., and Topeka, Kans., over Alternate U.S. Highway 66 to junction way 92 to junction U.S. Highway 6, thence U.S. Highway 40. U.S. Highway 66, thence over U.S. High­ over U.S. Highway 6 to Omaha, Nebr., No. MC 59856 (Deviation No. 1), SALT way 66 to junction U.S. Highway 150, and (2) from junction U.S. Highway 66 CREEK FREIGHTWAYS, 408 Industrial thence over U.S. Highway 150 to Dan­ and Interstate Highway 80 over Inter­ Avenue, Post Office Box 1411, Casper, ville, 111., (2) from Akron, Ohio, over state Highway 80 to junction Interstate Wyo. 82601, filed January 13,1967. Car­ Ohio Highway 18 to Norwalk, Ohio, Highway 280, thence over Interstate rier proposes to operate as a common thence over U.S. Highway 20 to junction Highway 280 to junction U.S. Highway carrier, by motor vehicle, of general com­ unnumbered highway (formerly portion 150, thence over U.S. Highway 150 to modities, with certain exceptions, over a U.S. Highway 20), thence over unnum­ Moline, 111., and return over the same deviation route as follows: From Cody, bered highway to Fremont, Ohio, thence routes. Wyo., over Wyoming Highway 120 to to Danville, 111., as specified in (1) above, No. MC 61616 (Deviation No. 19), MID­ Thermopolis, Wyo., and return over the and (3) from Akron, Ohio, over U.S. WEST BUSLINES, INC., 433 West Wash­ same route, for operating convenience Highway 224 to junction U.S. Highway ington Avenue, North Little Rock, Ark. only. The notice indicates that the car­ 42, at or near Lodi, Ohio, thence over 72114, filed January 10, 1967. Carrier’s rier is presently authorized to transport U.S. Highway 42 to Mansfield, Ohio, representative: Nathaniel Davis, Post the same commodities, over a pertinent thence over unnumbered highway (for­ Office Box 1188, Little Rock, Ark. 72203. service route as follows: From Casper, merly portion U.S. Highway 30N) to Carrier proposes to operate as a common Wyo., over U.S. Highway 20 via Shoshoni, junction U.S. Highway 30N, thence over carrier, by motor vehicle, of passengers Thermopolis, Worland, and Greybull, U.S. Highway 30N to Delphos, Ohio, and their baggage, and express and news­ Wyo., to Cody, Wyo., and return over the thence over U.S. Highway 30 to Fort papers in the same vehicle with passen­ same route. Wayne, Ind., thence over Indiana High­ gers, over a deviation route as follows: way 3 to junction U.S. Highway 6, thence No. MC 61628 (Deviation No. 4) (Cor­ From Mayflower, Ark., over relocated over U.S. Highway 6 to Bremen, Ind., U.S. Highway 65 (Interstate Highway rection), TAMIAMI FREIGHTWAYS, thence to Danville, HI., as specified in (1) INC., 4305, 21st Avenue, Tampa, Fla. 40) to junction unnumbered highway, 33610, filed December 16,1966. Carrier’s above, and return over the same routes. thence over unnumbered highway to representative: James E. Wharton, 506 Motor Carriers of P assengers junction Arkansas Highway 365 (former­ ly U.S. Highway 65) 3 miles south of First National Bank Building, Post Office No. MC 1515 (Deviation No. 354) (Can­ Box 231, Orlando, Fla. Previous notice Conway, Ark., a distance of 7.2 miles, cels Deviations No. 181 and No. 203), and return over the same route, for op­ published in the F ederal R egister, Voi. GREYHOUND LINES, INC. (Central Di­ 31, page 16645, December 29,1966, was in erating convenience only. The notice vision) , 210 East Ninth Street, Fort indicates that the carrier is presently error in describing Route 8 of carrier’s Worth, Tex. 76102, filed January 10,1967. pertinent service routes. The correct authorized to transport passengers and Carrier proposes to operate as a common the same property, over a pertinent serv­ description of the pertinent service route carrier, by motor vehicle, of passengers is as follows: From Jacksonville, Fla., ice route as follows: From Fort Smith, and their baggage, and express and news­ Ark., over U.S. Highway 64 to junction over U.S. Highway 1 to Daytona Beach, papers in the same vehicle with passen­ Fla., thence over U.S. Highway 92 to U.S. Highway 65, thence over U.S. High­ gers, over a deviation route as follows: way 65 to junction U.S. Highway 70, Tampa, Fla., and return over the same From junction Interstate Highway 280 route. thence over U.S. Highway 70 to Memphis, and Interstate Highway 80 south of Co- Tenn., and return over the same route. No. MC 71096 (Deviation No. 19), lona, 111., over Interstate Highway 80 to NORWALK TRUCK LINES, INC., 180 Omaha, Nebr., with the following access By the Commission. Milan Avenue, Norwalk, Ohio 44857, filed routes (1) from junction Interstate High­ [seal] H. N eil Garson, January 10, 1967. Carrier proposes to Secretary. operate as a common carrier, by motor way 80-and Iowa Highway 1 (formerly vehicle, of general commodities, with cer­ Iowa Highway 261) over Iowa Highway [F.R. Doc. 67-896; Filed, ,Jan. 24, 19®^ tain exceptions, over deviation routes as 1 to Iowa City, Iowa, (2) from junction 8:49 a.m.j

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 901 [Notice 1021] HEARING: February 15, 1967, at the and Ada, Okla., and points and places MOTOR CARRIER APPLICATIONS AND U.S. Post Office and Courthouse, Eighth within 15 miles of the city limits of Ada, and Bannock Streets, Boise, Idaho, be­ and the intermediate point of Pauls CERTAIN OTHER PROCEEDINGS fore Examiner Richard H. Roberts. Valley, Okla., and points and places with­ January 20,1967. By the Commission. in 15 miles of the city limits of Pauls The following publications are gov­ Valley, from Oklahoma City via U.S. erned by Special Rule 1.247 of the Com­ [seal] H. Neil G arson, Highway 77 and Interstate Highway 35 mission’s rules of practice, published in Secretary. to junction of State Highway 19, thence the Federal R egister issue of April 20, [F.R. Doc. 67-897; Filed, Jan. 24, 1967; via State Highway 19 to Ada, and return 1966, which became effective May 20, 8:49 a.m.] over the same route. 1966. Between Oklahoma City, Okla., and The publications hereinafter set forth NOTICE OF FILING OF MOTOR CAR­ Durant, Okla., and points and places in Oklahoma within 15 miles of the city reflect the scope of the applications as RIER INTRASTATE APPLICATIONS filed by applicant, and may include de­ limits of Durant, and the intermediate scriptions, restrictions, or limitations J anuary 20, 1967. point of Ardmore, and points and places which are not in a form acceptable to the The following applications for motor in Oklahoma within 15 miles of the city Commission. Authority which ultimately common carrier authority to operate in limits of Ardmore, from Oklahoma City may be granted as a result of the appli­ intrastate commerce seek concurrent mo­ via Interstate Highway 35 and U.S. cations here noticed will not necessarily tor carrier authorization in interstate Highway 77 to junction of U.S. Highway reflect the phraseology set forth in the or foreign commerce within the limits 70, thence via U.S. Highway 70 to Durant application as filed, but also will elimi­ of the intrastate authority sought, pur­ and return over the same route. Be­ nate any restrictions which are not ac­ suant to section 206(a) (6) of the Inter­ tween Oklahoma City, Okla., and Dun­ ceptable to the Commission. state Commerce Act, as amended Octo­ can, Okla., and points and places within ber 15,1962. These applications are gov­ 15 miles of the city limits of Duncan, Applications Assigned for Oral H earing erned by Special Rule 1.245 of the Com­ and the intermediate point of Chickasha, and points and places within 15 miles of MOTOR CARRIERS OF PROPERTY mission’s rules of practice, published in the F ederal R egister, issue of April 11, thè city limits of Chickasha, from Okla­ The applications immediately follow­ 1963, page 3533, which provides, among homa City via U.S. Highway 62 to junc­ ing are assigned for hearing at the time other things that protests and requests tion of U.S. Highway 81, thence via U.S. and place designated in the notice of fil­ for information concerning the time and Highway 81 to Duncan, and return over ing as here published in each proceeding. place of State Commission hearings or the same route. Between Oklahoma All of the proceedings are subject to the other proceedings, any subsequent City, Okla., and Frederick, Okla., and special rules of procedure for hearing changes therein, and any other related points and places in Oklahoma within outlined below: matters shall be directed to the State 15 miles of the city limits of Frederick, Special rules of procedure for hearing. Commission with which the application and the intermediate point of Lawton, (1) All of the testimony to be adduced is filed and shall not be addressed to or Okla., and points and places within 15 by applicant’s company witnesses shall filed with the Interstate Commerce miles of the city limits of Lawton, from be in the form of written statements Commission. Oklahoma City via H. E. Bailey Turnpike which shall be submitted at the hearing State Docket No. MC 19873, filed Jan­ to junction of State Highway 5, thence at the time and place indicated. uary 9, 1967. A pplicant: J. W. via State Highway 5 to Frederick, and re­ (2) All of the written statements by BOYLES, doing business as BESTWAY turn over the same route. Between applicant’s company witnesses shall be MOTOR FREIGHT LINES, Post Office Oklahoma City, Okla., and Altus, Okla., offered in evidence at the hearing in the Box 1802, Oklahoma City, Okla. Appli­ and points and places in Oklahoma with­ same manner as any other type of evi­ cant’s representative: Charles D. Dudley, in 15 miles of the city limits of Altus, dence. The witnesses submitting the 419 Northwest Sixth Street," Oklahoma from Oklahoma City via U.S. Highway written statements shall be made avail­ City, Okla. 73102. Certificate of public 277 to junction of U.S. Highway 62, able at the hearing for cross-examina­ convenience and necessity sought to op­ thence via U.S. Highway 62 to Altus, and tion, if such becomes necessary. erate a freight service as follows: Trans­ return over the same route. Between (3) The written statements by appli­ portation of freight, Between Oklahoma Oklahoma City, Okla., and Clinton, Okla., cant’s company witnesses, if received in City, Okla. and Ponca City, Okla., and and points and places within 15 miles of evidence, will be accepted as exhibits. points and places within 15 miles of the the city limits of Clinton, from Okla­ To the extent the written statements city limits of Ponca City, from Oklahoma homa City via Interstate Highway 40 and refer to attached documents such as City via Interstate Highway 35 to junc­ U.S. Highway 66 to Clinton, and return copies of operating authority, etc., they tion of U.S. Highway 60, thence via U.S. over the same route. should be referred to in written state- Highway 60 to Ponca City, and return Between Oklahoma City, Okla., and ment as numbered appendices thereto. over the same route. Between Oklahoma Woodward, Okla., and points and places City, Okla., and Tulsa, Okla., and points within 15 miles of the city limits of (4) -The admissibility of the evidence and places within 15 miles of the city Woodward, from Oklahoma City via contained in the written statements and limits of Tulsa, from Oklahoma City via State Highway 3 to Woodward, and re­ the appendices thereto, will be at the Interstate Highway 44 (Turner Turn­ turn over the same route. Between time of offer, subject to the same rules pike) to Tulsa, and return over the same Oklahoma City, Okla., and Enid, Okla., 88 tf the evidence were produced in the and points and places within 15 miles of usual manner. route. Between Oklahoma City, Okla., and Muskogee, Okla., and points and the city limits of Enid, from Oklahoma - (5) Supplemental testimony by a wit­ places within 15 miles of the city limits City via State Highway 3 to junction of ness to correct errors or to supply inad­ of Muskogee, from Oklahoma City via U.S. Highway 81 thence via U.S. Highway vertent omissions in his written U.S. Highway 62 to Muskogee, and re­ 81 to Enid, and return over the same statement is permissible. turn over tiie same route. Between route. Service authorized to, from, and No. MC 113678 (Sub-No. 274), filed Oklahoma City, Okla., and Henryetta, between all points named on the routes January 18, 1967. Applicant: CURTIS, Okla., and points and places within 15 described above. Both intrastate and WC., 770 East 51st Avenue, Denver, miles of the city limits of Henryetta, interstate authority sought. u>io. 80216. Applicant’s representative: from Oklahoma City via Interstate HEARING: Not known at this time. nuane w. Acklie, Post Office Box 2028, Highway 40 to Henryetta, and return Contact Secretary, Oklahoma Corpora­ Lincoln, Nebr. Authority sought to op- over the same route. Between Oklaho­ tion Commission, Jim Thorpe Building, rate as a common carrier, by motor ve- ma City, Okla., and McAlester, Okla., Oklahoma City, Okla. 73105. Requests icie, over irregular routes, transporting: and points and places within 15 miles of for procedural information, including foods, from points in Oregon, the city limits of McAlester, from Okla­ the time for filing protests, concerning Washington, and Idaho to points in homa City via U.S. Highway 270 to this application, should be addressed to yoming, South Dakota, Colorado, Ne­ McAlester, and return over the same the Oklahoma Corporation Commission, braska, and Kansas. route. Between Oklahoma City, Okla., Jim Thorpe Building, Oklahoma City,

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 902 NOTICES

Okla. 73105, and should not be directed cation is published in the F ederal Interstate Highway 65/U.S. Highway 31 to the Interstate Commerce Commission. R egister. One copy of such protest to Montgomery, Ala., and return over the State Docket No. 25571, filed Novem­ must be served on the applicant, or its same route. (2) Serving Walton, Ky., ber 28,1966. Applicant: TOWER CART­ authorized representative, if any, and as an intermediate point on applicant’s AGE INC., 5345 West 25th Street, the protest must certify that such service authorized regular route operations be­ Chicago, 111. Certificate of public con­ has been made. The protest must be tween Cincinnati, Ohio, and Somerset, venience and necessity sought to operate specific as to the service which such Ky., under MC 66562 Sub-1061. (3) a freight service as follows: Transporta­ Protestant can and will offer, and must Between Nashville, Tenn. and the junc­ tion of general commodities within a 50 consist of a signed original and six copies. tion of Kentucky State Highway 90 and mile radius of Chicago, HI. Both intra­ A copy of the application is on file, and Interstate Highway 65/U.S. Highway state and interstate authority sought. can be examined at the Office of the 31W, serving the intermediate points of Secretary, Interstate Commerce Com­ Gallatin, Tenn.; Scottsville, and Glas­ HEARING: Tuesday, January 31,1967, mission, Washington, D.C., and also in gow, Ky.; and serving junction of Ken­ at 10 a.m., c.s.t., Illinois Commerce Com­ the field office to which protests are to tucky State Highway 90 and Interstate mission, 160 North La Salle Street, 19th be transmitted. Highway 65/U.S. Highway 31W for pur­ Floor, Chicago, HI. Requests for proce­ poses of joinder only. From Nashville, dural information, including the time for Motor Carriers of P roperty Tenn., over U.S. Highway 3IE to Glas­ filing protests, concerning this applica­ No. MC 66562 (Sub-No. 2213 TA), filed gow, Ky., thence over Kentucky State tion should be addressed to the Hlinois January 18,1967. Applicant: RAILWAY Highway 90 to junction of Kentucky Commerce Commission, 160 North La EXPRESS AGENCY, INCORPORATED, State Highway 90 and Interstate High­ Salle Street, Chicago, 111., and should not 219 East 42d Street, New York, N.Y. way 65/U.S. Highway 31W, and return be directed to the Interstate Commerce 10017. Applicant’s representative: Wil­ over the same route. (4) Serving Calera, Commission. liam H. Marx (same address as above). Jemison, Thorsby, and Clanton, Ala., as State Docket No. 34209, filed November Authority sought to operate as a com­ intermediate and/or off-route points on 2, 1966. Applicant: PEOPLES CART­ mon carrier, by motor vehicle, over applicant’s authorized regular route op­ AGE, INCORPORATED, 2035 South regular routes, as follows: General com­ erations. between Birmingham, Ala., and Erie Street, Massillon, Ohio. Applicant’s modities, moving in express service Selma, Ala., under MC 66562 Subs 1527, representative: Richard H. Brandon, 79 between North Conway, N.H., and Gor­ 1936, and 2013. East State Street, Columbus, Ohio 43215. ham, N.H., from North Conway over New (5) Serving Wetumpka, Ala., as an Certificate of public convenience and Hampshire Highway 16 to Gorham, and intermediate point on applicant’s au­ necessity sought to operate a freight serv­ return over the same route, serving all thorized regular route operations be­ ice as follows: Transportation of fluor­ intermediate points. Applicant requests tween Atlanta, Ga., and Montgomery, spar, lime, salt, clay, ferroalloys, fertil­ authority for the extension of Dover- Ala., under MC 66562 Sub 1740. Note: izer and like bulk materials, in bags, North Conway, N.H., route, MC 66562 Applicant herein seeks authority to use containers or in bulk, from and to Sub 1587 to join at the common point of Interstate Highway 65 and Interstate Columbiana County, Ohio, restricted Gorham, N.H., with existing authorized Highway 71 where and as when com­ against liquids in bulk and restricted to motor operation between Portland, pleted. To bridge the gaps in those shipments having a prior or subsequent Maine-North Stratford, N.H., under cer­ highways that are not yet completed, it movement by rail, water, air, or surface tificate in MC 66562 Sub 1757, so that is necessary at this point to revert to the transportation, over irregular routes. it may operate by motor between Dover, U.S. highways named in conjunction Both intrastate and interstate author­ N.H., and North Stratford, N.H., for 180 with the Interstate Highways and sepa­ ity sought. days. Supporting shippers: The applica­ rated by a slash in the foregoing descrip­ HEARING: Friday, January 27, 1967, tion is supported by statements from tion. Restrictions: The service to be at 1:30 p.m., E Street Office, The Public eight shippers which may be examined performed shall be limited to that which Utilities Commission of Ohio, 111 North ait the Interstate Commerce Commission is auxiliary to or supplemental of ex­ Front St., Columbus, Ohio. Requests in Washington, D.C. Send protests to: press service of the Railway Express for procedural information, including the Anthony Chiusano, District Supervisor, Agency, Inc. Shipments transported time for filing protests, concerning this Bureau of Operations and Compliance, shall be limited to those moving on application should be addressed to the Interstate Commerce Commission, 346 through bills of lading or express re­ Public Utilities Commission of Ohio, 111 Broadway, New York, N.Y. 10013. ceipts. Permission to tack requested: North Front Street, Columbus, Ohio, and No. MC 66562 (Sub-No. 2214 TA), filed Applicant requests that the authority for should not be directed to the Interstate January 18, 1967. Applicant: RAIL­ the proposed operations, if granted, be Commerce Commission. WAY EXPRESS AGENCY, INCORPO­ construed as an extension, to be joined, By the Commission. RATED, 2413 Broadway, New York, N.Y. tacked, and combined with R E A’s exist­ 10017. Applicant’s representative: John ing authority in MC 66562 and subs [ seal] H. N eil G arson, H. Engel, 2413 Broadway, Kansas City, thereunder, thereby negating the re­ Secretary. Mo. Authority sought to’ operate as a strictions against tacking or joinder [F.R. Doc. 67-898; Filed, Ja n . 24, 1967; common carrier, by motor vehicle, over customarily placed upon temporary au­ 8:49 a.m.j regular routes, as follows: General com­ thority. Duplicating authority not modities, moving in express service (1) sought : There is a slight duplication be­ between Cincinnati, Ohio, and Mont­ tween the authority sought in paragraph [Notice 325] gomery, Ala., serving the intermediate number 1 above, and applicants existing MOTOR CARRIER TEMPORARY and/or off-route points of Sparta, Cor- authority under MC 66562 Sub 1527 and r^allton, Campbellsburg, La Grange, Sub 1935, as illustrated in the map at­ AUTHORITY APPLICATIONS Louisville, Shepherdsville, Elizabethtown, tached as Appendix B. The whole route January 20, 1967. Horse Cave, Cave City, Bowling Green, proposed is so described for administra­ The following are notices of filing of and Franklin, Ky.; Portland, Nashville, tive convenience and intelligibility, and applications for temporary authority un­ Franklin, Columbia, and Pulaski, Term.; applicant does not seek more than one der section 210a(a) of the Interstate Athens, Decatur, Hartselle, Cullman, operating right and understands that if Commerce Act provided for under the Garden City, Trafford, Birmingham, the authority proposed is provided no new rules in Ex Parte No. MC 67 (49 Helena, Siluria, Calera, Jemison, Thros- more than one operating right would be CFR Part 240), published in the F ederal by, Clanton, Wetumpka, and Elmdre, intended or thereby conferred, for 150 R egister, issue of April 27, 1965, effec­ Ala.; from Cincinnati, Ohio, over Inter­ days. Supporting shippers: The apph* tive July 1, 1965. These rules provide state Highway 75 to junction with Inter­ cation is supported by statements from 42 that protests to the granting of an appli­ state Highway 71/U.S. Highway 42, shippers which may be examined at the cation must be filed with the field offi­ thence over Interstate Highway 71/U.S. Interstate Commerce Commission here Highway 42 to Louisville, Ky., thence cial named in the F ederal R egister at Washington, D.C. Send protests to. publication, within 15 calendar days after over Interstate Highway 65/U.S. High­ the date notice of the filing of the appli­ way 31W to Nashville, Tenn., thence over Anthony Chiusano, District Supervisor,

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 NOTICES 903

Bureau of Operations and Compliance, District Supervisor, Interstate Commerce Indiana, Kentucky, and Tennessee. Interstate Commerce Commission, 346 Commission, Bureau of Operations and W. L. Jordan, 201 Merchants Savings Broadway, New York, N.Y. 10013. Compliance, 918 Tyler Street, Amarillo, Building, Terre Haute, Ind. 47801, repre­ No. MC 67818 (Sub-No. 73 TA), filed Tex. 79101. sentative for applicants. January 18, 1067. Applicant: MICHI­ By the Commission. No. MC-FC-69314. By order of Jan­ GAN EXPRESS, INC., 1122 Freeman uary 16, 1967, the Transfer Board ap­ SW., Grand Rapids, Mich. 49502. Ap­ [seal] H. N eil Garson, proved the transfer to Barbara J. Pear­ plicant’s representative: Robert D. Secretary. son, doing business as Pearson’s Express, Schuler, Suite 1700,1 Woodward Avenue, [Fit. Doc. 67-899; Filed, Jan. 24, 1967; 99 Post Island Road, Quincy, Mass. Detroit, Mich. 48226. Authority sought 8:49 a.m.] 02169, of certificate of registration No. to operate as a common carrier, by motor MC-99420 (Sub-No. 1) issued June 1, vehicle, over irregular routes, as follows: [Notice 1468] 1964, to Carl A. Pearson, doing business General commodities (except those of as Pearson’s Express, 40 Maxwell Street, unusual value, classes A and B explosives, MOTOR CARRIER TRANSFER Dorchester, Mass., evidencing a right to household goods as defined by the Com- PROCEEDINGS engage in transportation in interstate or mission, commodities in bulk, and those foreign commerce, in Massachusetts. requiring special equipment), serving J anuary 20,1967. No. MC-FC-69315. By order of Jan­ plantsite of Ford Motor Co. on Sheldon Synopses of orders entered pursuant uary 16, 1967, the Transfer Board ap­ Road, Plymouth Township, Wayne to section 212(b) of the Interstate Com­ proved the transfer to M. D. Snider, Box County, Mich., as an off-route point in merce Act, and rules and regulations 299, Pampa, Tex. 79066, of certificate of connection with authorized service at prescribed thereunder (49 CFR Part registration No. MC-120517 (Sub-No. 1) Detroit, Mich., for 180 days. Supporting 179), appear below: issued April 1, 1964, to Longhorn Truck­ shipper: Ford Motor Co., The American As provided in the Commission’s spe­ ing Co., Inc., Box 1672, Pampa, Tex. Road, Dearborn, Mich. Send protests cial rules of practice any interested per­ 79066, evidencing a right to engage in the to: C. R. Flemming, District Supervisor, son may file a petition seeking recon­ transportation of specified commodities, Bureau of Operations and Compliance, sideration of the following numbered in interstate or foreign commerce, be­ Interstate Commerce Commission, 221 proceedings within 20 days from the date tween points in Texas. Federal Building, Lansing, Mich. 48933. of publication of this notice. Pursuant to No. MC-FC-69331. By order of Jan­ No. MC 123392 (Sub-No. 3 TA), filed section 17(8) of the Interstate Commerce uary 16, 1967, the Transfer Board ap­ January 18, 1967. Applicant: JACK B. Act, the filing of such a petition will post­ KELLEY, doing business as JACK B. proved the transfer to Stuart Rogell, do­ pone the effective date of the order in ing business as Hoffman Transfer Co., KELLEY CO., 3801 Virginia Street, that proceeding pending its disposition. Amarillo, Tex. 79109. Authority sought Denver, Colo., of certificate of registra­ The matters relied upon by petitioners tion No. MC-57232 (Sub-No. 1) issued to operate as a common carrier, by motor must be specified in their petitions with vehicle, over irregular routes, as follows: December 12, 1963, to Morgan Transfer particularity. & Storage Co., Inc., Denver, Colo., evi­ Helium, liquefied and/or gaseous, in bulk No. MC-FC-35407. By order of Jan­ in tube type trailers, from Greenwood dencing a right to engage in interstate uary 16, 1967, the Transfer Board ap­ or foreign commerce within Colorado. Helium Plant, Morton County, Kans., to proved the lease for a period of 1 year, by Glendale, Calif.; Hightstown, N.J.; Joseph F. Nigro, 400 Denver Hilton Office, Sanford Transfer, Inc., Terre Haute, Denver, Colo. 80202, attorney for Appli­ Richardson, and Amarillo, Tex., for 150 Ind., of the operating rights in certificate cants. days. Supporting shippers: Gardner No. MC-106134 issued October 21, 1949, Cryogenics Corp., 2136 City Line Road, to Toler Trucking Co., Inc., Clay City, HI., [seal] h . Neel Garson, Bethlehem, Pa.; Union Carbide Corp., authorizing the transportation, of: Oil­ Secretary. Unde Division, Box 726, Amarillo, Tex. field machinery, materials, supplies, and [F.R. Doc. 67-900; Filed, Jan. 24, 1967; Send protests to: Harold M. Gregory, equipment, between points in minois, 8:49 a.m.]

X

No. 16—Pt. I---- a FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 904 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— JANUARY The following numerical guide is a list of the 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 12 CFR—Continued Page 1064______779 204_____ :______854 P roclamations: 1205______852 208______854 Nov. 6, 1906 (revoked In part 1421______122, 365 217______854 by PLO 4128)______54 1424 — ______— 43 222______854 June 29,1911 (revoked in part 1427______122 531______365 by PLO 4128)______54 3062 (terminated by Proc. P roposed R ules : P roposed R ules: 3761) —______------357 . 201______— 454 213______i- 874 3455 (terminated by Proc. 777______279 3762) ______361 816______280 13 CFR 3458 (terminated in part by 991______387 113_____ 409 Proc. 3762)______361 1001— ------667 3759 _ 31 1002______807 14 CFR 3760 ______1004 309______415 21______187 3761 ------357 1015___ 667 37______123, 125, 188 3762 ______361 1031— ______613 39 _ 5, 6, 260,408, 486, 608, 654, 655,854 1032__ 613 45______187 E xecutive Orders: 1038 ______613 June 13,1902 (revoked in part 61______46, 260 1039 _ 613 71______47, by PLO 4143)—------213 1044 ______613 July 7, 1910 (revoked in part 50, 80, 266, 267, 367, 486, 487, 608, 1045 ______613 655, 786,787. by PLO 4131)______210 1050 ______613 June 16,1911 (revoked in part 73______655,787 1051 ______613 91______260 by PLO 4129)______210 1062 -- 613 June 24,1914 (revoked in part 95______854 1063 ___— ------613 97______81, 368, 656 by PLO 4127)-______54 1064 ______613, 722 Nov. 22, 1924 (revoked in part 121______:___ 260 1067 ______613 183______46 by PLO 4151)______611 1068 ------613 842 (revoked in part by PLO 207______487 1069 _ 458 298______-______488 4128) -a______54 1070 __ 613 6143 (revoked in part by PLO 320______90 1071—______613 1205______132 4136)______211 1078 ______613 6276 (revoked in part by PLO 1079 ______613 P roposed R ules: 4136)______211 1096______574 21______®1 10973 (see EO 11322)------119 1102______613 39____ _ 9, 55, 56, 283, 284, 614, 822 11248 (amended by EO 11323) - 777 1104___ , ______613 43______91 11322 ______— 119 1106___ 613 61_____ 329 11323 ______777 1108------613 65— ______91 1120______613 71 — 94, 284, 389, 615-617, 823, 872 5 CFR 1126—______613,724 73...... 56, 389, 579 1131 ______140, 415 75______390 213______7, 75, 251, 365, 407, 607, 780 91______91,675 330— ______705 1132 ____ 613 91 534______75 1137 ______56, 328 145. 1138 ____ 91, 613 207 387 550______7 208 387 1700______203 212 387 8 CFR 214 387 7 CFR 103______271 221______387,459 15______705 204____ 852 235______328 2 1 1 ______408 241______328 52 ___ - ______779 459 53 ______705 212 ______271,852 250______242___ 271 295______387 210______33 245______853 220______33,485 15 CFR 401______705,706 840 411______706 9 CFR 201______722______1 ______75, 76 72______711 P roposed R ules: 724______651, 653 74______654 602______280 775______607 92___ rè_____•______45 814 ______38 145 ______780 16 CFR 815 ______40 146 ______780 13______134, 850___ 251-254, 147 ______780 267-269, 379-382, 446-448, 490, 256, 258, 311, 439-441, 443-445 P roposed R ules: 491, 609, 610. „OQ 871______312, 608 71______j l „ _____ 279 15______135, 382, 383, 787, 7881 905 ______121 302______——------492 906 _ 709, 851 907 __ 43,121,259, 407, 485, 709, 851 10 CFR 17 CFR 909 ______710 30______785 856 211— 910 ______43, 122, 407, 710 P roposed R ules: 864 240— _ 856 944______—- 711 10______I_____ - ______234 241— 967______76 971— ______365 18 CFR 980______608 12 CFR 664 987______214 1______408, 720, 721 8______664 1001—:______—______446 8____ v______276 141_____ FEDERAL REGISTER 905

18 CFR— Continued Page 29 CFR—Continued Page 39 CFR Page 154______865 P roposed R ules: 134 ______383 157______865 4______, 726 135 ______383,450 260______664 516____ 140 P roposed R ules: 701______712 519______148 703______712526______671, 674 Ch. I______— 415 Proposed R ules: 531______222 154______541 675______228 41 CFR 1500______91 11-1______137 19 CFR 31 CFR 11-2______139 l______492 11-11______139 5______452 11-16______139 4______136 80 ______195 AAQ 4.QO 101-43______570 8______81 _____ 195 10— ...... ’409, 410,492, 866 93_____ 195 16______...... 493 42 CFR 17______493 32 CFR 54..... 571 24 ______493 57______— 204 25 ______...... 494 1 ...... 499 2 ------502 P roposed R ules: Proposed R ules 1— ______9 3 ------503 35..... 578 4______55 4 ------503 5 ------504 43 CFR 10______277 6 ------516 7 __ 516 18------207 20 CFR 9 ------522 Public Land Orders : 404 ______75 10 ------537 686 (revoked In part by PLO 405 ...... 136 11 ------537 4133)______210 12 ------538 Proposed R ules: 1096 (revoked In part by PLO 16 _ 539 4141)______213 405______668 17 ------539 1259 (revoked by PLO 4121)_ 52 18 ------: ______539 2449 (revoked by PLO 4140) __ 213 21 CFR 22------549 2631 (revoked by PLO 4140)_ 213 2...... 136, 712 30 ______555 2749 (revoked in part by PLO 3— ______449 81------52 4137)____ 212 8------50 577------215, 366 3518 (see PLO 4123)1______53 19 ... 51,410 701______317 4074 (corrected and amended 20 _____ 411 713______317 by PLO 4134)______211 31------449 715------317 4111 (see PLO 4120)___ 6 51------137 719 ______317 4120 ______6 121------51, 270, 411,412, 713, 866 720 ------317, 318 4121 ______52 165 ___ 203 721 ______318 4122 ____ 53 166 _ 137,197 723______318 4123 ______53 Proposed R ules: 725 ------318 4124 ______53 121...... 140, 578 726 ______318 4125 ______53 728 ______318 4126______54 729 __ 318 4127 __ 54 22 CFR 730 ______318 4128 ______54 201...... 494 , 495 732______318 4129—______210 733______221, 3184130 ______210 24 CFR 734______318 4131 ______210 l i ______366 751 ------318 4132 ______210 200____ 788 752 ______318 4133 ______210 207...... 449 753— ______318 4134 ______211 755 ______318 4135 ___;______211 25 CFR 756 ------318 4136 ______211 131...... 663 757 ______318 4137 ______212 221...... 663 761------318 4138 ______212 Proposed R ules: 765______318 4139 ______212 801______i ______569 4140 _ 213 221...... 613 847______569 4141 ______213 856______570 4142 ______213 26 CFR 871______570 4143 ____ 213 l __ 412 4144 ______213 7oi______::::::: 450 32A CFR 4145—______214 Proposed R ules: Ch.I: 4146 ______214 1...... DMO 3000.1...... 788 4147 ______214 278 4148 ______320 28 CFR 33 CFR 4149 ______452 43____ 4150 _ 452 713 203— ______319 4151 ------611 50...... IIIIIIII 713 204...... 271, 611 207______319 29 CFR 45 CFR P roposed R ules: 60__ 867 531------j...... 412 522_ 80------795 664 82______722 705___ 272 524_ 714 P roposed R ules: 525_ 95------— ______795 715 124------795 301____ 387 126______795 906 FEDERAL REGISTER

46 CFR Page 46 CFR^—Continued Page 47 CFR— Continued Page 43______77 175 ______795 P roposed R ules: 75______384 176 ______795 2------332 94______384 180______795 21______464 180______,___ 385 I84______795 73 ______464, 823, 872-874 401_____ 871 187______— ___ 795 74 ______332 189______795 P roposed R ules: 81______332 192______795 85______332 10______795 195______% 795 24-26______795 510.—______285 49 CFR 31-35______795 73— 6,413 39______795 47 CFR 95— 793 55 ____ „ 795 Ch. n . 790 n o ­ 76 61_____ — 795 2____ 273 m a. 385 71 ___ 795 21 914 191_. 719 72 ___ 795 25. 320 P roposed R ules: 75-78______795 31. 275 71-90______10, 14, 675 90-98______795 33. 275 176______390 111-113____ 795 64 788 146 795 73______323 50 CFR 147. 795 74 ______28 ______452, 914 326,666 160. 795 91______— 915 32 ______79 167. 795 201______791 33IIIIIZIIIZIIIIIIIII 327, 414, 611,720 FEDERAL REGISTER

VOLUME 32 • NUMBER 16

Wednesday, January 25, 1967 • Washington, D.C.

PA RT II

Federal Communications Commmission

Community Antenna Television (CATV) Systems 908 RULES AND REGULATIONS ered in our previous opinions.3 We shall censed radio.® The public interest con­ Title 47— TELECOMMUNICATION treat in greater detail the question of siderations remain the same, as does the whether the rules are inconsistent with impact upon speech. We are not con­ Chapter I— Federal Communications constitutional and statutory require­ cerned here with the sort of “sweepings Commission ments of free speech. See, e.g., Back suppression of home subscription tele­ Mountain Telecable, Inc., 5 FCC 2d 735. vision” which was stricken down on free [Docket No. 14895, etc.; FCC 67-34] Such inconsistency is urged on the speech grounds in Weaver v. Jordan, 49 ground that they interfere with the right Cal. Reptr. 537, 411 P. 2d 289 (1966), COMMUNITY ANTENNA TELEVISION to receive programs and direct the con­ but rather with limited regulation. (CATV) SYSTEMS duct of CATVs in deciding what pro­ 5. So far as our rules go beyond the Miscellaneous Amendments grams shall and shall not be carried. original carriage and nonduplication re­ Assuming that the provisions of section quirements to prohibit extending cer­ In the matter of: amendment of Sub­ 326 of the Communications Act, 47 U.S.C. tain signals beyond their Grade B con­ part L, Part 91, to adopt rules and regu­ 326, are applicable to CATVs, we see no tour without a hearing, it can hardly be lations to govern the grant of authori­ violation of either the first amendment contended, in light of the existing au­ or that statutory provision. thorities, that the right of free speech zations in the Business Radio Service 3. It is well established that reasonable includes the right of a party subject to for microwave stations to relay television regulation of radio transmissions, if con­ the Act’s jurisdiction (here an interstate signals to community antenna systems, sistent with the public interest as that communicator by wire) to extend the Docket No. 14895; amendment of Sub­ term is defined taking into account the service area of a television station be­ part I, Part 21, to adopt rules and regu­ overall purposes and provisions of the yond the area authorized by the Commis­ lations to govern the grant of authori­ Act, is not violative of the right of free sion, in a manner inconsistent with the speech. National Broadcasting Co. v. public interest. Thus, the CATV sys­ zations in the Domestic Public Point-to- United States, 319 U.S. 190 (1943); tem has no more constitutional right to Point Microwave Radio Service for Lafayette Radio Electronics Corp. v. extend the service area of a station in microwave stations used to relay tele­ United States, 345 F. 2d 278 (C.A. 2, a manner inconsistent with the public vision broadcast signals to community 1965). This principle has been applied interest than the station would have the antenna television systems, Docket No. to the imposition of carriage and non­ constitutional right to increase its height 15233; amendment of Parts 21, 74, and 91 duplication restrictions on CATVs simi­ and power in violation of our rules or the lar to those finally adopted in the second public interest. National Broadcasting to adopt rules and regulations relating report and order. Carter Mountain Co. v. United States, 319 U.S. 190 (1943); to the distribution of television broadcast Transmission Corp. v. Federal Communi­ see sections 303(h) and 307(b) of the signals by community antenna television cations Commission, 116 U 5. App. D.C. Act. systems, and related matters, Docket No. 93, 321 F. 2d 359 (1963), cert. den. 375 6. One other contention on the ques­ 15971 (RM Nos. 636, 672, 742, 755, and U.S. 951; Idaho Microwave, Inc. v. Fed­ tion of the Commission’s authority war­ eral Communications Commission, 122 rants brief discussion.4 It is urged that 766); amendment of § 74.1103 require­ U.S. App. D.C. 253, 352 F. 2d 729 (1965). ments relating to distribution of tele­ the Commission cannot rely upon any of 4. While it is true that those cases the radio licensing provisions of Title III vision signals by community antenna dealt with radio licensing, we have now of the Act, on the theory that they do not television systems, RM 1017; amendment held that CATVs provide an extension of apply to wire transmissions but only au­ of § 74.1107(a) of the Commission’s rules a broadcast service, see also Clarksburg thorize regulation of radio and televi­ and regulations, carriage of distant Publishing Co. v. Federal Communica­ sion stations licensed under Title in. signals in top 100 markets, RM 1025. tions Commission, 96 U.S. App. D.C. 211, This approach parallels the argument 1. The Commission has before it a217, 225 F. 2d 511, 517 (1955). If, as made, and rejected, in Carter Mountain, we believe, Congress has given us the supra, that the Commission was applying number of petitions for reconsideration regulatory authority we have asserted, “broadcast regulation” to common of the second report and order issued there is no reason why the free speech carriers. in this proceeding on March 8, 1966 (31 principles should apply differently to 7. The Communications Act does not F.R. 4540) .x Except for some respects in those CATVs which derive their signals so compartmentalize the Commission’s which modification of the rules is sought, off the air than to those which use li- functions. On the contrary, it created we have decided that the petitions should one agency “for the purpose of regulating 2 The contentions concerning the validity interstate and foreign commerce in com­ be denied. To a considerable extent, of the “grandfathering” date of Feb. 15, 1966, munication by wire and radio by cen- they raise no new issues and advance our decision to make the rules effective upon publication in the F e d e r a l R e g is t e r , our no new arguments for our consideration. failure to hold a full evidentiary hearing * See also United Artists Television, Inc. V. We will not go over old ground again, before promulgating the rules, and the gen­ Fortnightly Corp., 255 F. Supp. 177 (S.D.N.Y., but will limit this opinion to those mat­ eral adequacy of notice of rule making, have decided May 23, 1966), explaining in detail all been discussed in the memorandum opin­ why CATVs are not merely reception facili­ ters which warrant additional treatment ion and order released May 27, 1966 denying ties and that they do transmit radio waves, and to the modifications in the rules. petitions for stay of the effective date of albeit by wire. I. 2. The contentions concerning thethe rules, FCC 66-456, 3 FCC 2d 816. It is 4 We think no more than mention need be contended further that sufficient notice was made of the contention that the rules de­ Commission’s jurisdiction are essential­ not given that “final” rules, rather than prive parties holding local franchises of prop­ ly repetitive of arguments fully consid- “interim” action pending a resolution of erty without compensation. Federal regula­ Part n of the rule making, would be adopted tion of businesses engaged in interstate com­ merce is not subject to attack on that ground. 1 Appendix A contains a list of the parties for CATV operations in major markets. who have filed petitions for reconsideration, While the second report dealt only with Nelson Brothers Bond & Mortgage Co. v. Part I and pars. 49 and 50, we examined Federal Radio Commission, 289 U.S. 266, 282. or oppositions. Dismissal of the petition The contention that systems in operation for reconsideration filed by Courier Cable Co., the comments on Part II and concluded that they added very little to the comments on prior to the issuance of the notice of pro­ Inc. is sought on the ground that it has not posed rule making have a constitutional given good reason under section 1.106(1) of pars. 49 and 50, certainly nothing which would permit us to adopt substantive rules right to be “grandfathered” is also patently the rules for not participating in the pro­ without merit. Rules adopted after full rule ceeding at earlier stages. Because of our resolving the policy issues in this area. We decided that evidentiary hearings were nec­ making procedures may validly be applied to desire to be fully informed as to the views existing systems. We have, however, re­ of all interested persons in rule making of essary and our major market procedure op­ this nature, we have considered the Courier erates pending a resolution of the issues by peatedly indicated our intention to avow petition and will deny the request for dis­ this process rather than by the rule making undue disruption to the public in tm missal. process. connection.

FEDERAL REGISTER. VOL. 32, NO. 16—-WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 909 tralizing authority heretofore granted by Grade B or better contour over any part field (Second Report, 2 FCC 2d at 768- law to several agencies and by granting of the community, unless the priority 769). However, the precise direction additional authority with respect to in­ scheme set forth in § 74.1103 (a) and (b) and extent of any appropriate regulatory terstate and foreign commerce in wire requires an exception because of limited changes cannot now be foreseen, as they and radio communications * * Sec­ channel capacity. We also noted in the will depend to a large extent upon the tion 1,47 U.S.C. 151. When a new devel­ second report that “carriage will not be specifics of the copyright aspect which opment constitutes an extension of radio required where a sufficient showing [in a have not yet definitively resolved. In or television service, as CATV does, it Is § 74.1109 petition] is made that a pre­ the circumstances, and since the de­ unrealistic to treat it as though it were dicted signal is not in fact present in the velopment of new propagation curves totally unrelated. community * * *” (footnote 40, par. (Docket No. 16004 (30 F.R. 6651)) and 8. Congress “* * * did not frustrate68). The Association of Maximum Serv­ modernization of specifications for meas­ the purposes for which the Communica­ ice Telecasters (AMST) urges that a urements are being explored, we do not tions Act of 1934 was brought into being station should be carried, upon request, think that the public interest would be by attempting an itemized catalogue of “everywhere in its predicted Grade A served by changing the rules at this point. the specific manifestations of the general contour, irrespective of its actual signal Accordingly, while the instances in which problems for the solution of which it was strength, as well as everywhere in its a waiver is warranted in accordance with establishing a regulatory agency. That predicted Grade B contour, subject to a footnote 40 of the second report are likely would have stereotyped the powers of the showing of a different actual Grade B to be rare because of the substantial sup­ Commission to specific details in regulat­ contour * * *” (AMST petition for re­ porting showing required, we will con­ ing a field of enterprise the dominant consideration, p. 14) .* tinue to consider supplemental showings characteristic of which was the rapid 12. We recognize that there are con­ made as to actual contour as provided in pace of its unfolding. And so Congress siderations favoring the use of the pre­ § 73.684(f) of the rules. If the process­ did what experience had taught it in dicted Grade B contour. Since the re­ ing of such petitions for waiver should similar attempts at regulation, even in quirement for ^carriage of local stations, become an undue administrative burden fields where the subject-matter of regu­ in a very real allocations sense, furthers or if any other pertinent change in cir­ lation was far less fluid and dynamic our responsibility to prescribe the areas cumstances occurs, we will, of course, re­ than radio. The essence of that experi­ to be served by television broadcast sta­ examine the matter. ence was to define broad areas for regula­ tions (section 303(h)), the use of an al­ 14. Moreover, in light of our ruling in tion and to establish standards for judg­ locations tool—the predicted Grade B Buckeye Cablevision, Inc., 3 FCC 2d 798, ment adequately related in their applica­ contour—might be appropriate.8 Fur­ 800, that carriage is required where any tion to the problems to be solved.” Na­ ther, there are legislative developments part of the community of the system falls tional Broadcasting Co. v. United States, which appear to tend in the direction of within the pertinent contour, we will 319 U.S. 190, 219-220. We cannot adopt a definitive standard. See, e.g., H. Rept. clarify the carriage provisions by making a view of the Act which would frustrate No. 2237 bn H.R. 4347, 89th Cong., 2d this construction explicit. The phrase both the Congressional intent and the sess., pp. 2, 81, 83. See also, footnote 15 “the system or the community of the more effective use of radio in the public infra. system is located in whole or in part” will interest. be substituted for the words “the system II. 9. We turn now to a discussion of 13. We further recognized in the sec­ ond report that the outcome of the copy­ operates, in whole or in part” in §§ 21.712 the petitions as they bear upon the sp- (c), 74.1033(a), 74.1103(a), and 91.559 cific rules. Our discussion will treat in right matter could have a significant effect on our regulations in the CATV (a). The phrase “in whole or in part,” turn the aspects of: (1) Carriage, (2) as used in the exclusivity provisions, is nonduplication, (3) the major market, also to be construed so as to require ex­ distant signals policy, and (4) procedure 5 Several modifications urged by AMST clusivity on a system operating in a com­ and miscellaneous changes. simply renew requests previously considered in the second report. Nothing new has been munity, part of which falls within the I. Carriage. 10. Satellites. The rules presented to warrant further discussion here. Grade B or higher priority contour of a adopted in the first report provided that Wichtex Radio and Television Co., Inc., as­ station. Thus, in the case of a system where a CATV system operates within the serts that CATV systems should not be per­ operating in an incorporated community, Grade B or higher priority contour of mitted to alter or delete any portion of dis­ the question of carriage and nonduplica­ both a satellite station and its parent tant broadcast signals carried on the cable, tion rights turns on whether any part of station, carriage of one would relieve the or tò substitute CATV originated advertising. the community falls within the contour; system of any obligation to carry the Apart from the fact that the nonduplication in the case of a system in an unincorpo­ other. In light of contentions that satel­ rules may require deletion of programs duplicating local signals, the subject of pro­ rated area where it may be difficult to lites should be treated like any other sta­ gram origination by CATVs is included in delineate community boundaries (see tion in accordance with the prescribed the Commission’s legislative recommenda­ discussion within, pars. 38-39), carriage Priorities, the rules adopted in the second tions and may be affected by the outcome of questions will be resolved on the basis of report deleted this exception. It is now the copyright question. In this posture, we whether the system itself is operating in urged by petitioners that the amendment do not think it appropriate to consider the whole or in part, within the contour. went too far, since substantial duplica­ Wichtex request on the merits here. 15. Copyright. Finally, in view of our tion of programing would result if the •In view of the fact that signal strength previous discussion in this point (par. system is required to carry both the at various distances from a television station varies with time, location, season, weather 108, second report), we shall refer only satellite and the parent stations. The conditions, terrain, and other factors, the briefly to copyright argument that has rules will be amended to provide that use of estimated contours is good for overall been advanced that in light of the district where a system operates within the Grade allocation purposes but presents problems court’s decision in the United Artists B or higher priority contour of a satel­ when predicting the se'rvice from a particular case,7 systems should not be required to lite and its parent station, the system station in a particular area. See sec. 73.683; carry local signals unless afforded com­ heed not carry both stations but shall Report of the Working Group for the Engi­ plete copyright immunity by the stations carry the station having the higher neering Conference in Docket No. 16004, on requesting carriage. As stated in para­ Priority and may select between stations the development of new PM and TV propaga­ tion curves, dated Apr. 12, 1966. However, graph 108, our rules are based on the of equal priority. This refinement re­ examination of the question of actual signal present situation in which the CATV tains the essential purpose of the earlier strength in the community or actual con­ system operates without regard to copy­ amendment and will, we think, better, tours is necessarily minute and often futile, right clearance. We again state that serve the public interest. Accordingly, as it is very difficult to make a valid show­ our actions should not be taken as in 38 21.712(d)(4); 74.1033(b)(4); 74.1103 ing through measurements over a sufficiently any way affecting the copyright suit. As

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 910 RULES AND REGULATIONS whether to follow the district court’s de­ the first rim of any particular program in WBEN, Inc., licensee of Station WBEN- cision or the present industry practice, a series or film package or for 1 year, TV, Buffalo, N.Y., has filed a petition but it cannot properly obtain a waiver whichever occurs earlier.® for rule making (RM-1017) to revise of our carriage rules when it follows a 18. Our decision to provide by rule for § 74.1103 (f ) to afford nonduplication pro­ selective policy in this respect (i.e., ignor­ same day nonduplication was made after tection for U.S. network programing full consideration of matters urged by which is presented by foreign stations ing copyright in the case of distant sig­ prior to the day of its initial network nals and purporting to follow it as to petitioners and constituted, in our judg­ presentation in the United States. local signals). We believe that in light ment, a fair compromise of the compet­ WBEN states that during a typical week of present industry practice, no revision ing interests pending a resolution of the in March 1966 a total of 64 hours of net­ of our rules is needed, and that we should status of CATV under the copyright law. work programing presented by Buffalo therefore deal with any situations of this Second Report, 2 FCC 2d 725, 747-749, stations was duplicated by Canadian sta­ sort by waiver, when and if they arise. 768-769. Not only have no new argu­ tions carried on the CATV system of Generally, any revisions of our rules in ments pertinent to the rule (as against Courier Cable Co. in Buffalo. The same this respect must await further develop­ individual situations more appropriate day nonduplication provision would en­ ments. for waiver) been presented, but we able the Buffalo stations to request ex­ 16. A further question has arisen as towould deem it inappropriate, for the rea­ clusivity only as to 37 ^ hours. The whether a local station can request car­ sons indicated in paragraph 13, to un­ remaining 261/2 hours of duplicated net­ riage and at the same time reserve any dertake a reexamination at this point work programing, being prior calendar rights which the station itself may have when the important and relevant copy­ day duplication, would be beyond the to proceed against the system for copy­ right considerations are in a state of purview of § 74.1103 of the rules. It is right infringement. We think that this flux. As already noted, since the second requested that § 74.1103(f) be amended would be manifestly unfair to the system report, the district court decision in the to provide additionally that a CATV and that in requesting carriage the sta­ United Artists case has been issued and system shall, upon request of the local tion must confer such authorization as is now on appeal in the Second Circuit. station, "refrain from presenting any may be required from it, so long as the Moreover, the House Judiciary Commit­ network program proposed to be broad­ carriage request is outstanding. All that tee has reported favorably on a copy­ cast by such station from a foreign sta­ the station can properly reserve is the right bill which would afford much more tion at any time prior to the time of right to proceed against the system with exclusivity protection than the provi­ broadcast by such station where such respect to any programing which is car­ sions of our rules, if it were to be en­ program is released on the foreign sta­ ried after the system has been notified acted. H. Rept. No. 2237 on H.R. 4347, tion prior to the time of its initial pres­ that the request for carriage has been 89th Cong, 2d sess., pp. 81, 86-87. In the entation on a domestic network * * *.” M revoked. current circumstances, we adhere to our 21. The problem does not appear suf­ 2. Nonduplication period. 17. The Na­judgment that the public interest is ficiently widespread to warrant the in­ tional Association of Broadcasters served by our rule affording the local stitution of rule making proceedings at (NAB), AMST, and several individual station exclusivity on the day of its this time, since it affects only those sta­ broadcasters urge that the time period broadcast of the program. If changes tions and CATV systems operating in thé for nonduplication should be restored to become appropriate upon a final resolu­ vicinity of the Canadian border. How­ 15 days before and after the local broad­ tion of the copyright matter or if revi­ ever, the second report states with respect cast, as we originally provided in the sions are needed upon the basis of our to same day nonduplication (2 FCC 2d First Report8 (38 FCC 683). It is as­ experience with this provision, we shall at 749) : serted that the present same day non­ move promptly to implement such revi­ sions. • * * we will consider requests by local duplication provision is inadequate be­ stations and CATV systems for different cause delayed broadcasts occur most fre­ 19. A number of petitioners, both sta­ treatment on an ad boc basis, pursuant to quently in one and two station markets tions and CATV systems, have set forth the summary procedures discussed in par. and the burden of seeking additional pro­ their particular, individual circumstances 97 where possible, or by evidentiary hearing tection under the ad hoc procedures of as a basis for urging some change in if necessary. Thus, the station which re­ the rules falls on those broadcasters least §§ 74.1103 and 74.1107 of the rules. ceives its network programing by mail, or While we see no reason to modify the the station or system which faces some other able to bear it. The NAB further states unusual problem, can bring its situation to that the period for nonduplication of rules in light of their contentions, this our attention for such relief as may be ap­ syndicated and film programing should is not determinative of the question of propriate in the individual circumstances be geared to the term of the contract whether petitioners could obtain affirm­ and warranted by the public interest. ative relief or a waiver of the rules pur­ between the local station and the film suant to a petition filed under § 74.1109. The Canadian prerelease problem pre­ supplier. As a minimum, it urges, ex­ The ad hoc procedures are the appro­ sents the kind of unusual situation we clusivity should be afforded until after priate vehicle for obtaining full consid­ had in mind. The rule is intended to eration of individual situations. provide exclusivity for network pro­ 8 Some of the parties claim that the reduc­ 20. There is, however, -one unusual graming presented on the same day as tion to same day nonduplication was made problem which we shall discuss because the domestic “live” network presenta­ without prior legal notice. However, we it may be common to several stations. tion (2 FCC 2d at 747, 749) and this stressed both in the First Report (38 FCC consideration will be afforded substanial 683, 686-687) and in the notice in Docket No. weight in ruling on any petition under 15971 (1 FCC 2d 453, 465) that the conclu­ 9 The Commission has also considered the§ 74.1109 for the imposition of additional sions of the first report as to carriage and recommendations of the Committee for the requirements necessary to achieve the nonduplication were subject to reconsidera­ Full Development of All Channel Broadcast­ tion in the further proceeding. We re­ ing, adopted at a meeting of its Executive basic purpose of the rule. peatedly stated that the rules would not be Committee on March 26, 1966. The Commit­ 22. Translators. In the second report applied to the CATV industry as a whole tee’s recommendations are to the effect that: we accorded fourth priority for purposes until we had had an opportunity to examine (1) CATV systems should be required to of carriage to commercial and noncom­ the overall subject of carriage and nondupli­ make clear showing that they would not pose mercial educational translator stations cation in light of our further exploration in a substantial threat to the development of operating in the community of the sys- Docket No. 15971. The proceedings in Docket new and/or existing UHF stations, (2) the Nos. 14895 and 15233 were not terminated by CATV rules should apply equally to all sta­ the first report, but were instead held "open tions regardless of market size, and (3) the 10 Supporting comments were filed by for final action in conjunction with our nonduplication period should be 15 days be­ Brockway Co., KMSO-TV, Inc., Mount Mahf action upon the overall subject of carriage fore and after the local broadcast. We be­ field Television,- Inc., Maine Radio and Te and nonduplication” (38 FCC at 687). The lieve that the spirit of the first recommenda­ vision Co. and WLBZ Television, Inc., Great- length of the nonduplication period was very tion is inherent in the second report, as well Lakes Television Co., Channel 9 Syracuse, much at issue in the comments filed in the as in recent decisions on specific cases. The Inc., King Broadcasting Co., and Start* further proceeding. In the circumstances, latter two recommendations have been re­ Broadcasting Co. Total Telecable, Inc., aim we do not think that the claim of lack of jected for the reasons stated herein (pars. Courier Cable Co. filed oppositions to wniu* notice is well taken. 18, 25). WBEN, Inc., replied.

FEDERAL REGISTER, VO L 32, NO. 16—-WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 911 tem with 100 watts or higher power and tiary hearing. We also adhere to our der in Docket No. 14229, 2 FCC 2d 527, provided for nonduplication protection decision to distinguish between major 551, and which therefore provide the op­ against more distant signals. However, and smaller markets by drawing the line portunity for independent stations.11 we excepted such translators from, the for required evidentiary hearing at the 29. On the whole, the ARB NWC mar­ carriage requirement where the system 100th market. Here again, we would be ket rankings adequately cover the areas was carrying the signal of the originat­ reluctant to explore any fundamentally of concern. While special problems may ing station. A question has arisen as to different approach while the copyright .arise in some areas, such as hyphenated whether the originating station is en­ question is being actively considered by markets, we think it better to deal with titled to nonduplication protection if the the Congress and the courts and before these situations on an ad hoc basis un­ system is located beyond the Grade B the outcome is known. However, in view der § 74.1109 rather than to adopt a dif­ contour of that station. In allowing this of the contentions of the parties concern­ ferent standard which might entail other exception, the Commission intended that ing the details of the rules, it appears problems. the originating station would have the that further discussion of some aspects 30. The Grade A contour. We also same exclusivity as to programing to is warranted. adhere to our determination that the which the translator station would other­ 26. Use of ARB market rankings. We predicted Grade A contour is, for pur­ wise have been entitled, unless the origi­ treat first the contention that the 100 poses of the rule, an appropriate criterion nating station has higher priority rights largest television markets should not be for measuring the area within which the of its own. The rules will be modified to selected upon the basis of ARB net weekly importation of distant signals raises pub­ make this clear in Appendix B (§§ 21.712 circulation figures, but rather upon pop­ lic interest questions. It does not include (d)(3); 74.1033(b)(3); 74.1103(d)(3); ulation figures of the U.S. Census Bureau, the much larger areas falling within the and91.559(b) (3)). either the Standard Metropolitan Sta­ Grade B contour, as requested by some 3. Distant signals in the top 100 mar­tistical Area (SMSA) or Urbanized Area of the petitioners for reconsideration. kets. 23. The bulk of the .requests for ranking. Petitioners note that ARB is Nor is it limited to the immediate en­ reconsideration concern the rules gov­ a private firm whose working data are virons of the principal community, as erning distant signals in major markets. not public, and that the market ranking sought by others. But the Grade A con­ Section 74.1107 provides that no CATV of a community on the basis of net tour generally carves out the essential system operating within the predicted weekly circulation of the largest station area upon which UHF operations in the Grade A contour of a television station may vary substantially from the com­ market would usually be based. We in the 100 largest television markets (as munity’s ranking on the basis of census recognize that the Grade A contour may ranked by American Research Bureau on figures. They also point out that in encompass some localities where, because the basis of net weekly circulation) shall some hyphenated markets the distances of the particular circumstances, an evi­ extend the signal of a television station between communities included in the dentiary hearing appears unnecessary. beyond the Grade B contour of the sta­ market may be so great that application We have already granted waivers of the tion, except upon a showing in a hearing of § 74.1107 would be inappropriate or hearing requirement in some such in­ that the operation will be consistent with produce anomalous results. stances.“ No standard suggested to us the public interest and, particularly, the 27. We gave consideration to the use would precisely fit all the situations we establishment and healthy maintenance of Census rankings when we decided are seeking to reach, to the exclusion of of television broadcasting service in the upon the ARB net weekly circulation all others. The use of the Grade A con­ area. The hearing requirement does not figures (NWC). While none of the al­ tour, coupled with the procedures for apply to distant signals which were be­ ternatives is entirely satisfactory, the waiver, insures that all proposed distant ing supplied to subscribers on February ARB NWC market rankings appeared signal CATV operations in the area of 15,1966. preferable for, our purposes. The im­ apparent reasonable concern are brought 24. It is asserted by various broadcast portant factor from our standpoint is the before us for consideration and such ac­ interests that the question of distant sig­ size of the population which could be tion as may be warranted in the public nals should be governed by a substantive reached, by a television station. The interest in the particular circumstances rule, rather than a hearing procedure, service àrea of a television station usually 31. The Grade B contour as the meas­ and that the rule should apply across the extends well beyond the metropolitan or ure of a distant signal. It is urged, par­ board to all markets. Both CATVs and urbanized area of the particular com­ ticularly by Entron,' Inc., that the Com­ broadcasters challenge the use of the munity to which the station is assigned. mission should substitute a mileage Grade A contour, claiming that the area The SMSA or Urbanized Area ranking standard, such as 80 miles, for the Grade encompassed is either too large or too does not indicate whether the surround­ B contour as the measure of a distant small, and proposing the use of Census ing area to be served by a television sta­ signal.“ Petitioners point out that Grade Urbanized Areas, the Grade B contour, tion is sparsely populated or contains B contours vary from station to station. or some standard based on mileage. other communities which are separated Because of the differences in VHF and Challenge is also made to the use of the by rural areas but which cumulatively Grade B contour as the measure of a have a sizeable population. ARB NWC 11 We have also considered using some distant signal, some urging a mileage market rankings reflect TV homes in the other ARB criteria such as its ranking based standard and others suggesting a test entire area served by a television broad­ on homes viewing all stations in the market dependent on whether the signal is ac­ cast station and thus are a better meas­ diming all quarter-hours in prime network tually receivable off-the-air. It is fur­ ure of the potential audience which time. However, the NWC ranking affords ther asserted that the 100 largest tele­ might attract new stations. a better indication of population in the case vision markets should not be selected of overshadowed areas where outside stations 28. While it may be appropriate to use may affect the audience for local stations in upon the basis of American Research Census rankings for some purposes, we the market, and we see no offsetting ad­ Bureau (ARB) net weekly circulation are not required to do so merely because vantages in the use of the prime time rank­ figures, but rather upon some other cri- the Census Bureau is a governmental ing. The markets which would be excluded tena such as population figures of the rather than a private organization. ARB from the top 100 if prime time homes were u.S. Census Bureau. And, finally, peti- and NWC market rankings are well- used in place of NWC have considerably more UHF activity than those which would be nf!!18 see^ m°dification or clarification known and widely used by the television substituted. ;r ^ Provisions of § 74.1107(d) con- industry. They have been used by the “ See, e.g., Martin County Cable Co., Inc., erning geographical extension into new Commission in other rule making pro­ 4 FCC 2d 348; Coldwater Cablevision, Inc., “teas by “grandfathered” systems which ceedings. See, e.g., notice of proposed 4 FCC 2d 351; Chenor Communications, Inc., ere providing distant signals to sub- rule making and Memorandum Opinion 4 FCC 2d 354. scnbers on February 15,1966. and Order No. 16068, 30 F.R. 8166; Pub­ 13 In asserting .that the rules are broader ^25. in general, we adhere to our deter- lic Notice No. 60894, December 18, 1964. than necessary to cover CATV distribution of K » « ® in the second report that, in Moreover, with minor exceptions it is the New York or Los Angeles independent sta­ inf °* present conditions, the public tions, Entron misconstrues the rationale of top 100 markets, as ranked by ARB, the second report. The New York and Los Cato - questions raised by proposed which have four or more unreserved Angeles stations were used merely as exam­ ,. entry into major markets are ap- channel assignments under the fifth re­ ples. The Commission’s concern is with dis­ opriate for consideration in eviden­ port and Memorandum Opinion and Or- tant signals generally in major markets.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 912 RULES AND REGULATIONS UHF contours, a CATV system may be ard which is not correlative to the Paragraph (d) further provides that the required to carry VHF stations in a com­ Grade B contour “ system shall not extend its grandfathered munity but be precluded from carrying 34. Nor do we find merit in the con­ distant signal service to “new geo­ UHF stations in the same community.11 tentions that certain refinements in, or graphical areas where the Commission, Or a CATV system may be required to exceptions to, the Grade B contour upon petition filed under § 74.1109 carry VHF stations in a more distant standard are called for in the rules. * * *, determines that the public in­ community but be precluded from carry­ Courier Cable Co., Inc. (Courier) asserts terest would be served * * * by appro­ ing a UHF station in a closer community. that the definition of distant signals priate conditions limiting the geographi­ 32. We think that the Grade B con­ should exclude signals which are regu­ cal extension of the system to new tour is a reasonable demarcation be­ larly received off-the-air by viewers re­ areas.” tween a distant and a local signal. See siding beyond the Grade B contour of 36. AMST and Telerama, Inc., request section 303 (h) of the Communications the station. In the alternative, Courier clarification as to what kind of e xten ­ Act. We regard this contour as gener­ urges that in locating the Grade B con­ sions, in the general area comprising a ally delineating the area within which tour, the use of maximum power and main community and its suburbs, fa ll service from the station can reasonably antenna height by the station should be within the required hearing provisions of be expected. The carriage requirements assumed. But, what is involved is, to a paragraph (a) and what extensions are as an allocation principle are geared to considerable extent, an allocations ques­ exempt under paragraph (d), su b ject the Grade B contour in order that the tion, particularly where account is taken only to consideration upon petition under station may have access to all persons of the manner in which CATV changes § 74.1109. AMST asserts that the d ich o t­ within this general service area. Be­ the quality of the more distant signal and omy between the two was not m ad e cle ar yond this point the CATV system is, in thus equalizes its reception vis-a-vis the in paragraph 149 of the second report, a real sense, extending the service area clearly local signal. See paragraph 32, which seems to indicate that p a ra g ra p h of the station by markedly changing the above; cf. note 69, second report. Fur­ (a) would apply to an extension fro m a quality of the signal being received, and ther the delineation of actual service is a suburb into the main community b ut is raising public interest questions which complex matter, requiring thorough sub­ silent with respect to an extension from are not resolved as of this time. stantiation. Where, therefore, a system one suburb to another. AMST ta k e s the 33. While the Commission might con­ in a community within the predicted position that in a'city or suburb o f any clude that the public interest would be Grade A contour of stations located in size, an extension from one part o f the served by permitting an extension with­ the top 100 markets proposes to bring in city or suburb to another part o f the out evidentiary hearing in some in­ the signal of a “distant” station (i.e., to same city or suburb is clearly an expan­ stances, the adoption of an across-the- extend a signal beyond its Grade B con­ sion into new geographic areas w hich board mileage standard like 80 miles tour), it should not be permitted to do should come within § 74.1107(a). On would appear to go too far and give rise so, on the ground that it is not extending the other hand, Telerama contends that to other problems. For example, it a distant signal but rather only carrying paragraph (a) “should not be directed would create a gap between the carriage a signal which is being regularly received to the situation where a system is operat­ requirements of the rules and the signals in the community, unless it has sub­ ing in a part of a suburb of a main com­ for which evidentiary hearing or waiver stantiated this ground either in a waiver munity and attempts to add subscribers is required. It would also increase the petition or in a hearing. Courier’s fur­ in the suburban area in which the system likelihood that a CATV operating in one ther contention that maximum height was intended to serve and for w h ic h the major market could carry the signals of and power be assumed in locating the technical facilities were engineered.” stations located in another major mar­ Grade B contour, ignores the very prac­ 37. We have already clarified this tical policy considerations at which the aspect to some extent in declaratory ket. We agree in principle that VHF major market, distant signals doctrine is rulings and cease and desist proceedings and UHF stations located in the same aimed. It would mean that situations instituted since the second re p o rt to community should be treated alike inso­ raising serious public interest questions enforce the provisions of § 74.1107(a). far as carriage on the CATV system is would not come within § 74.1107, and Letter of May 2, 1966, to Telerama, Inc. concerned. But if that community is a that the type of situation described in (Cleveland, Ohio), FCC 66-397, 3 FCC separate major market, carriage of the note 69 of the second report would be 2d 585; Mission Cable TV, Inc., et al. multiplied many fold. (San Diego, Calif.), FCC 66-548, 4 FCC VHF stations may present threshold 35. New geographical areas. Clarifi­ 2d 236. In the Cleveland matter, T e le ­ public interest questions for evidentiary cation is sought as to the applicability of rama urged that since the communities hearings. See footnote 69 of the second § 74.1107 (a) and (d) to geographical it was proposing to serve, though sep­ report and footnote 13 of the memoran­ extensions by “grandfathered” systems arate governmental subdivisions of the dum opinion and order released on in major markets. Paragraph (d) of suburban area of Cleveland, w ere w ith ­ May 27, 1966, denying the petitions for § 74.1107 exempts from the hearing re­ in the geographic area the system was engineered to serve (an area h a v in g a stay (3 FCC 2d 816, 827). We have quirement of subsection (a) distant signals which were being supplied to sub­ 20-mile radius), the extension was every intention of administering the scribers on February 15, 1966, except governed by subsection (d), T h e Com ­ rules so as to avoid anomalous results. where there is “any new franchise or mission ruled that paragraph (a ) ap­ However, we believe that the waiver pro­ amendment of an existing franchise to plied to extensions to separate in co rp o ­ cedure, which permits prior Commission operate or extend the operations of the rated communities, stating (3 F C C 2d at consideration of all relevant factors in CATV system in the same general area.” 586); the particular situation, will better ac­ It is important to notethat the exempti°nl is we recognize that it might simplify mat­ and the related geographical extensions pro­ complish this end than basing the defini­ ters for all concerned if we were to prescribe visions of subsection (d) are limited t° tn tion of distant signal on a mileage stand- a single mileage standard, reasonably ap­ specific community (including such ah'“1* proximating an average Grade B contour, for tions as unincorporated suburbs) withi 14 Jackson TV Cable Co. has filed a petition determining whether a signal is “local” or which the system was franchised (if tna for rule making (BM 1025) to amend sec. “distant" for purposes of the CATV rules. were the case) and was operating on Fe 74.1107(a) to provide that a UHF station may But we would not undertake such a step ruary 15, 1966. The term system in ® be carried without hearing where a VHF sta­ without further comment from interested first sentence of subsection (d) means tion in the same community is carried. A persons or prior to the resolution of the pro­ system in the specific community and_ _ supporting statement was filed by Jerrold ceedings in Docket No. 16004 concerning one operating generally in the area. 7 ’ Corp. For the reasons stated herein, par. 33, propagation curves (30 F.R. 6651). While the discussion in paragraph 149 of the petition will be denied. We note further no such delay in this proceeding is war­ second report refers several times to a sy that waivers have already been granted to ranted, we do not mean to preclude the pos­ tem operating in a community ana permit the carriage of UHF signals in some sibility of future exploration of this question question of how to draw a line in the P instances. See, e.g., Athens, TV Cable Co., in a separate proceeding if that should prove cular community (as to) * * * a|2Lr Inc., FCC 66-953, released Nov. 7, 1966. appropriate. priate geographical area or areas, fu

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 913 a contrary construction would undermine ations calls for case-by-case judgment the basic purpose and thrust of the section; unless it is ordered to do so by special it would mean that a system which was and will be considered only upon petition order of the Commission. Entron claims supplying distant signals to its subscribers under § 74.1109. that the last portion of | 74.1105 is pres­ in one small community as of February 15, 4. Miscellaneous and procedure. 40. ently inconsistent with § 74.1109(f) 1966, could, if it used the same head-end, Annual filing of information. It is as­ which it construes to mean that a ruling construct new systems in many other serted that CATV operators should be re­ by the Commission on the “interlocutory separate and distinct communities calling quired to file on an annual or periodic question of temporary relief” is prerequi­ for new franchises (including, such as here, basis the information described in para­ the principal community), without coming site to any stay of proposed operations. within the terms of subsection (a). graph 99 of the second report (2 FCC 2d There is no conflict between the two sec­ at 765), for otherwise the information tions. As in the case of new distant sig­ We b e lie ve that the above construction submitted may soon become obsolete and nals in major markets, the Commission’s is the o n ly logical one, and, the only one lose its usefulness. While the second re­ notification and ad hoc procedures con­ comporting with the obvious intent and port called for a single submission, we template that where a § 74.1109 petition purpose of the rule. Since, however, the recognize that the regular filing of in­ concerning new service (not within the m atter is before us and a question has formation by CATV operators may be de­ provisions of § 74.1107(a)) is filed within been raised, we shall clarify the rule sirable in this rapidly changing field, so 30 days after notice, the proposed serv­ by the addition of the phrase, “* * * in that we or the Congress may take appro­ ice shall not commence until after the a community * * *” in § 74.1107(a). priate actions in the public interest. Commission has either considered the No su ch clarification is needed in para­ However, we prefer to postpone consid­ matter on the merits or has specifically graph (b), since that subsection is al­ eration of this question until we have ruled on the question of temporary re­ ready couched in terms of “community.” examined the responses to our recent lief pending further procedures. We be­ We w ill also clarify the related portions questionnaire. After we process the in­ lieve this to be a more orderly manner in of §§ 74.1105 and 74.1107(d) by inserting formation submitted and gain more ex­ which to proceed, rather than permitting appropriate references to the “same perience with the operation of the rules, a challenged service to start and later community” or “another community.” 14 we will be in a better position to deter­ interrupting it. See, second report, 38. The matter of unincorporated mine whether regular filing is needed paragraph 140; memorandum opinion areas w as considered in the Mission Cable and whether any changes or additional and order of May 27, 1966 in this pro­ case, 4 FCC 2d 236. Mission, which has information would be appropriate for ceeding, FCC 66-456, 3 FCC 2d 816, 820. a fra n c h ise to construct and operate filing on a regular basis. Of course, service not challenged in CATV systems in the unincorporated 41. Procedural changes and clarifica­ the petition may be commenced. And areas o f San Diego County, urged that tions. Some of the petitioners have f 74.1109(f) not only provides for expe­ by reaso n of having commenced opera­ sought clarification or amendment of the dited consideration of new service ques­ tions in one part of the county prior to procedural provisions of the rules. tions but would also permit the tempo­ February 15, 1966, it was entitled to the And, in the course of administering the rary relief allowing some or all of the benefits of the “grandfathering” provi­ rules, it has become apparent that other challenged service to commence pending sion of paragraph (d) of § 74.1107 for changes would be desirable. Because the further procedures where this is war­ operations throughout the unincorpo­ amendments adopted at this time relate ranted in the public interest in the par­ rated a re a s of the county. While reject­ to procedural matters and are designed ticular circumstances. We are not per­ ing th is broad view (4 FCC 2d at 242), we to clarify the rules, notice, and further suaded that this procedure should be also d e clin e d to rule that the mere exist­ rulemaking are not required. The altered. ence of several housing developments or changes and clarifications are indicated Conclusion. Authority for the rule subdivisions with different names estab­ below. amendments adopted herein is contained lishes that each subdivision is a sep­ 42. First, in administering the rules we in sections 1, 2(a), 3(a), 4 (i) and (j), arate a n d distinct community, within have discovered that in many instances 303, 307(b), 308, and 309 of the Com­ the contemplation of § 74.1107(a) (4 additional copies of pleadings filed were munications Act of 1934, as amended. FCC 2d at 240-241). The distinction needed for Commission processing. Accordingly, it is ordered. This 5th drawn in Mission Cable turned on the Also, in those instances where proce­ day of January 1967 that Parts 21, 74, Presence or absence of substantial tracts dures were not specifically provided for and 91 of the Commission’s rules and of undeveloped land between subdivi­ in Part 74 of the rules, there has been regulations are amended as set forth in sions o r other populated areas lacking some confusion as to the filing of plead­ Appendix B below, effective February 28, clearly defined legal boundaries (4 FCC ings and reply pleadings. In order to 1967. 2d at 241, 242). obviate these difficulties, we are amend­ ing § 74.11 of the rules so as to add a It is further ordered, That the peti­ 39. W h ile there may be other situ­ tions for reconsideration filed by the par­ ations where an area of proposed new cross reference to Subpart A of Part I of the rules, “General Rules of Practice ties listed in Appendix A below are de­ operation is so clearly a separate and nied, except to the extent reflected distinct community as to bring into play and Procedure.” 43. Second, there appears to be a fairly herein. the provisions of 5 74.1107(a), we shall It is further ordered, That the peti­ not attempt to delineate further the scope widespread misconception that notice under § 74.1105 need not be given with tions for rule making filed by WBEN of Paragraph (a) here. The diffi­ Inc. on July 12, 1966 (RM 1017) and by culty of drawing lines within an incorpo­ respect to proposed service coming with­ in the provisions of § 74.1107. This mis­ Jackson TV Cable Co. on August 15, rated community and of establishing the 1966 (RM 1025) are denied. separate community status of adjoining conception may arise from the fact that unincorporated areas not separated by § 74.1107(b) does not require service of (Secs. 1, 2, 3, 4, 303, 307, 308, 309, 48 Stat., as undeveloped land was recognized in par- a request for evidentiary hearing but pro­ amended, 1064, 1065, 1066, 1082, 1083, 1084 vides instead for public notice by the 1085; 47 U.S.C. 15J, 152, 153, 154, 303, 307! “&raph 149 0f the second report and in 308, 309) Mission Cable (4 FCC 2d at 240), as well Commission. The notice requirement in r*the desirability of avoiding artificial § 74.1105 applies to all proposed service, Released: January 19, 1967. whether or not § 74.1107 is involved. In Boundaries. In general, except where it F ederal Communications culd plainly undermine the basic pur- order to clarify this matter, § 74.1107(b) will be amended to require a statement Commission,17 ifse of Paragraph (a), the drawing [seal] B en F. Waple, appropriate lines for extension into that copies of the notices given pursuant to § 74.1105 have been filed with the Secretary. w geographic areas in the above situ- Commission. &_ f? Chis connection, we also believe it 44. Entron, Inc. has requested that «Dissenting statements of Commissioners th? °Priate to delete from section 74.1105 § 74.11Ô5 be revised to provide that a Bartley and Loevinger, and concurring state­ CATV system need not delay the com­ m en t o i Commissioner Cox, filed as part of extpi ence to “systems which propose to original document. Commissioner Wads­ areas *’ lines into obviously new geographic mencement of new service, upon the fil­ worth absent; Commissioner Johnson not ing of a timely petition under § 74.1109, participating.

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 914 RULES AND REGULATIONS

Appendix A whose principal community contours the translator stations in the following or­ Petitions for reconsideration were filed by system or the community of the system der of priority, upon the request of the the following persons: is located, in whole or in part; licensee or permittee of the relevant Akron Telerama, Inc. (2) Second, all commercial and non­ station: Alice Cable Television Corp. commercial educational stations within (1) First, all commercial and non­ Alpine Cable Television, Inc. whose Grade A contours the system or commercial educational stations w ithin A1-Pines Cable TV, Inc. the community of the system is located, those principal community contours the Amsterdam TV Cable Co. in whole or in part; system or the community of the system is Association of Maximum Services Telecasters. (3) Third, all commercial and non­ located, in whole or in part; Black Canon Broadcasting Co., Inc. (2) Second, all commercial and non­ Buckeye Cablevision, Inc. commercial educational stations within Cabletron, Inc. whose Grade B contours the system or commercial educational stations w ithin Cablevision Company of Anniston. the community of the system is located, whose Grade A contours the system or Central California Communications Corp. in whole or in part; and the community of the system is located, Chattahoochee Valley CATV, Inc. (4) Fourth, all commercial and non­ in whole or in part; Columbus Broadcasting Co., Inc. commercial educational translator sta­ (3) Third, all commercial and non­ Courier Cable Co., Inc. tions operating in the community of the commercial educational stations w ithin Cosmos Broadcasting Corp. system, in whole or in part, with 100 whose Grade B contours the system or Cosmos Cablevision Corp. the community of the system is located, Cox Broadcasting Corp. watts or higher power. Cox Cablevision Corp. (d) Exceptions. * * * in whole or in part; and Delhi Video, Inc. (3) The system need not carry the (4) Fourth, all commercial and non­ Entron, Inc. signal of any television translator sta­ commercial educational translator sta­ Florida TV Cable, Inc. tion if: (i) The system is carrying the tions operating in the community of the Frontier Broadcasting Co. signal of the originating station, or (ii) system, in whole or in part, with 100 watts Gloversville TV Cable Co., Inc. the system is within the Grade B or or higher power. Greater Lafayette TV Cable Co., Inc. higher priority contour of a station car­ (b) Exceptions. * * * Jerrold Corp. Jerrold Electronics Corp. ried on the system whose programing is (3) The system need not carry the Johnstown TV Cable Co., Inc. substantially duplicated by the transla­ signal of any television translator sta­ Logans port TV Cable Co., Inc. tor; Provided, however, That where the tion if: (i) The system is carrying the McAllen Cable Television Corp. originating station is carried in place of signal of the originating station, or (ii) Malibu Cable TV Inc. the translator station, the priority for the system is within the Grade B or Mesa Verde Broadcasting Co.,- Inc. purposes of paragraph (g) of this section higher priority contour of a station car­ Mission Cable TV, Inc. shall be that of the translator station ried on the system whose programing is Mohican TV Cable Corp. substantially duplicated by the tra n sla ­ National Association of Broadcasters. unless the priority of the originating sta­ New Channels, Corp. tion is higher. tor; Provided, however, That w h ere the Newhouse Broadcasting Corp. (4) In the event that the system oper­ originating station is carried in p lace of Old Pueblo Broadcasting Co. ates, or its community is located, within the translator station, the priority for Ottawa TV Cable Co., Inc. the Grade B or higher priority contours purposes of paragraph (e) of this section Pacific Video Cable Co. of both a satellite station and its parent shall be that of the translator station Perfect TV, Inc. station, the system need carry only the unless the priority of the originating sta­ Pontiac TV Cable Co., Inc. station with the higher priority; if the tion is higher. Rollins, Inc. (4) In the event that the system Savannah TV Cable, Inc. satellite station and its parent station Southwestern Cable Co. (statement of po­ are of equal priority, the system may operates, or its community is located, sition) . select between them. within the Grade B or higher p rio rity Streator TV Cable Co., Inc. * * # * * contours of both a satellite and its parent Taft Broadcasting Co. station, the system need carry o n ly the Telerama, Inc. (statement in support of pe­ station with the higher priority, if the titions for reconsideration and opposition PART 74— EXPERIMENTAL, AUXILI­ satellite station and its parent station to petition for reconsideration of AMST). ARY AND SPECIAL BROADCAST are of equal priority, the system may Telesystems Corp. Television Communications Corp. SERVICES select between them. Trans-Video Corp. II. Part 74 is amended as follows: ***** Western Slope Broadcasting Co., Inc. 1. Section 74.11 is amended by the 3. A new § 74.1100 is added to Subpart Wichtex Radio and Television Co., Inc. addition of a new final phrase and as K to read as follows: WTVY, Inc. amended reads as follows: § 74.1100 Cross reference. § 74.11 Cross reference. Appendix B See § 74.11. See Subpart D of Part 1 of this chapter PART 21— DOMESTIC PUBLIC RADIO 4. In § 74.1103, paragraphs (a) and for general requirements as to applica­ (b) (3) are amended, and paragraph SERVICES (OTHER THAN MARITIME tions, filing of applications, and descrip­ (b) (4) is added, as follows: MOBILE) tion of forms; see § 1.1111 of Subpart G of that part for the fees to be paid in § 74.1103 Requirements relating to dis­ I. Part 21 is amended as follows: connection with applications for facili­ tribution of television signals by 1. In § 21.712, paragraphs (c) and ties in the services covered in this part; community antenna television sys­ (d) (3) are amended, and paragraph and with respect to Subpart K of this tems. (d) (4) is added, as follows: part, except where specific provision is § 21.712 Authorizations for fixed sta­ made regarding practice and procedure, (a) Stations required to be earned. tions to relay television signals to the provisions of Subpart A of Part 1 Within the limits of its channel capacity, CATV systems. are applicable. any such CATV system shall carry the ***** signals of operating or subsequently 2. In § 74.1033, paragraphs (a) and (b) authorized and operating television (c) Stations required to be carried.(3) are amended, and paragraph (b) (4) Within the limits of its channel capacity, is added, as follows: broadcast and 100 watts or highe any such CATV system shall carry the power translator stations in the following signals of operating or subsequently au­ § 74.1033 Licensing requirements. order of priority, upon the request of tne thorized and operating television broad­ ***** licensee or permittee of the relevan cast and 100 watts or higher power trans­ (a) Stations required to be carried. station: lator stations in the following order of Within the limits of its channel capacity, (1) First, all commercial and non­ priority, upon the request of the licensee any such CATV system shall carry the commercial educational stations witm or permittee of the relevant station: signals of operating or subsequently au­ whose principal community contours tn (1) First, all commercial and noncom­ thorized and operating television broad­ system or the community of the system mercial educational stations within cast and 100 watts or higher power located, in whole or in part;

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 RULES AND REGULATIONS 915 (2) Second, all commercial and non­ to commencing service. Where it is pro­ ities and shall set forth the name of the commercial educational stations within posed to extend the signal of any non­ community involved, the date on which a whose Grade A contours the system or commercial educational television station franchise was obtained, the signal or sig­ the community of the system is located, beyond its Grade B contour into a com­ nals proposed to be extended beyond in whole or in part; munity with an unoccupied reserved "their Grade B contours, the date on (3) Third, all commercial and non­ educational television channel assign­ which copies of the notifications re­ commercial educational stations within ment under § 73.606 of this chapter, the quired by § 74.1105 of this chapter were whose Grade B contours the system or notice shall also be served upon the filed with the Commission, and the spe­ the community of the system is located, superintendents of schools in the com­ cific reasons why it is urged that such in whole or in part; and munity and county in which the system extension is consistent with the public (4) Fourth, all commercial and non­ will operate and the local, area, and interest. Public notice will be given of commercial educational television trans­ State educational television agencies, if the filing of such a request, and inter­ lator stations operating in the commu­ any. ested parties may file a response or state­ nity of the system, in whole or in part, (b) The notice shall include the name ment within thirty (30) days after such with 100 watts or higher power, and address of the system, identification publie notice. A reply to such response (b) Exceptions. * * * of the community to be served, the tele­ or statement may be filed within a (3) The system need not carry the sig­ vision signals to be distributed, and the twenty (20) day period thereafter. The nal of any television translator station estimated time operations will commence. Commission shall designate the request if: (i) The system is carrying the signal (c) Where a petition with respect to for an evidentiary hearing on issues to of the originating station, or (ii) the sys­ the proposed service is filed with the be specified, with the burden of proof tem is with the Grade B or higher pri­ Commission, pursuant to § 74.1109 of this and the burden of proceeding with the ority contour of a station carried on the chapter, within thirty (30) days after introduction of evidence upon the CATV system whose programing is substan­ notice, new service which is challenged system making the request, unless other­ tially duplicated by the translator: Pro­ in the petition shall not be commenced wise specified by the Commission as to vided, however, That where the originat­ until after the Commission’s ruling on particular issues. ing station is carried in place of the the petition or on the interlocutory ques­ ***** translator station, the priority for pur­ tion of temporary relief pending further (d) The provisions of paragraphs (a) poses of paragraph (e) erf this section procedures; Provided, however, That and (b) of this section shall not be ap­ shall be that of the translator station un­ service shall not be commenced in viola­ plicable to any signals which were being less the priority of the originating station tion of the terms of any specified tem­ supplied by a CATV system to its sub­ is higher. porary relief or of the provisions of scribers in a community on February (4) In the event that the system op­ § 74.1107 of this chapter. Where no pe­ 15, 1966, and pursuant to a franchise erates, or its community is located, tition pursuant to § 74.1109 has been filed (where necessary) issued on or before within the Grade B or higher priority within thirty (30) days after notice, serv­ that date: Provided, however, That any contours of both a satellite station and ice may be commenced at any time there­ new franchise or amendment of an exist­ its parent station, the system need carry after, subject, however, to the provisions ing franchise after Februray 15, 1966, to only the station with the higher priority; of § 74.1107. operate or extend the operations of the if the satellite station and its parent sta­ (d) The provisions of this section do CATV system in the same general area tion are of equal priority, the system may or any extension into another commu­ select between them. not apply to any signals which were being supplied to subscribers in the com­ nity does come within the provisions of ***** munity of the CATV system on March 17, paragraphs (a) and (b) of this section: • 5. Section 74.1105 is revised to read as 1966, unless it is proposed to extend lines And provided further, That no CATV follows: into another community. system located in a community in the 100 largest television markets, which was §74.1105 Notification prior to com­ 6. In § 74.1107, paragraphs (a), (b),supplying to its subscribers on February mencement of new service. and (d) are amended, as follows: 15, 1966, a signal carried beyond its j (a) No CATV system shall commence § 74.1107 Requirement for showing in Grade B contour, shall extend such serv­ operations in a community or commence evidentiary hearing and Commission ice to new geographical areas within supplying to its subscribers the signal approval in top 100 television mar­ the same community where the Commis­ : . any television broadcast station car- kets; other procedures. sion, upon petition filed under § 74.1109 ! ried beyond the Grade B contour of the (a) No CATV system operating in a by a television broadcast station or other station, unless the system has given prior community within the predicted Grade interested person located in the area and notice of the proposed new service to the A contour of a television broadcast sta­ after consideration of the response of the licensee or permittee of any television tion in the 100 largest television markets CATV system and appropriate proceed­ I Broadcast station within whose predicted shall extend the signal of a television ings, determines that the public interest, wade B contour the system operates or broadcast station beyond the Grade B taking into account the considerations will operate, and to the licensee or per- contour of that station, except upon a set forth in the Second Report and Order jnittee of any 100 watts or higher power showing approved by the Commission in Docket Nos. 14895, 15233, and 15971, ^anslator station operating in the com­ that such extension would be consistent FCC 66-220, paragraphs 113-149, would munity of the system, and has furnished with the public interest, and specifically be served by appropriate conditions °f each such notification to the the establishment and healthy main­ limiting the geographical extension of eaeral Communications Commission, tenance of television broadcast service the system to new areas in the commu­ fro« (6^) days after obtaining a in the area. Commission approval of a nity. The Commission may also con­ ranchise or entering into a lease or other request to extend a signal in the fore­ sider, upon the basis of the pleadings angement to use facilities; in any going circumstances will be granted before it, whether temporary relief is JovT’ no CATV system shall commence where the Commission, after considera­ called for in the public interest, and, if so, ucn operations until thirty (30) days tion of the request and all related ma­ the nature of such relief; no CATV sys­ notice has been given. Such notice terials in a full evidentiary hearing, de­ tem coming within the foregoing provi­ nmi! be ?iven by existing systems which termines that the requisite showing has sion shall extend its service to new geo­ ]„.i0s,e,.to add new distant signals at been made. The market size shall be graphical areas in violation of the terms m thlrty (30) days prior to com- determined by the rating of the Ameri­ of the specified temporary relief. niYmclng' service and by systems which can Research Bureau, on the basis of the cnmmSe -i° extend lines into another net weekly circulation for the most o h S nity within sixty (60) days after recent year. PART 91— INDUSTRIAL RADIO leacPnmg a franchise or entering into a (b) A request under paragraph (a) of SERVICES fariii+ 0r other arrangement to use this section shall be filed after the CATV III. Part 91 is amended as follows: zat i« or where no new local authori­ system has obtained any necessary fran­ 1. In § 91.559, paragraphs (a )and (b) n g 1} °r contractual arrangement is chise for operation or has entered into ^ ry. at least thirty (30) days jJrior (3> are amended and paragraph (b) (4) a lease or other arrangement to use facil­ is added, as follows: No. 16—Pt. II-----2 FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967 916 RULES AND REGULATIONS

§ 91.559 Authorizations for operational whose Grade A contours the system or tially duplicated by the translator: Pro­ fixed stations to relay television sig­ the community of the system is located, vided, however, That where the originat­ nals to. CATV systems. in whole or in part; ing station is carried in place of the ***** (3) Third, all commercial and non­ translator station, the priority for pur­ commercial educational stations within poses of paragraph (e) of this section (a) Stations required to be carried. shall be that of the translator station Within the limits of its channel capacity, whose Grade B contours the system or the community of the system is located, unless the priority of the originating any such CATV system shall carry the station is higher. signals of operating or subsequently au­ in whole or in part; and (4) Fourth, all commercial and non­ (4) In the event that the system oper­ thorized and operating television broad­ ates, or its community is located, within cast and 100 watts or higher power commercial educational translator sta­ tions operating in the community of the the Grade B or higher priority contours translator stations in the following or­ of both a satellite station and its parent der of priority, upon the request of the system, in whole or in part, with 100 licensee or permittee of the relevant watts or higher power. station, the system need carry only the station: (b) Exceptions. * * * station with the higher priority; if the (1) First, all commercial and non­ (3) The system need not carry the sig­satellite station and its parent station commercial educational stations within nal of any television translator station are of equal priority, the system may whose principal community contours if: (i) The system is carrying the signal select between them. the system or the community of the sys­ of the originating station, or (ii) the sys­ ***** tem is located, in whole or in part; tem is within the Grade B or higher pri­ (2) Second, all commerical and non­ ority contour of a station carried on the [F.R. Doc. 67-778; Filed, Jan. 24, 1967; commercial educational stations within system whose programing is substan­ 8:45 a.m.j

FEDERAL REGISTER, VOL. 32, NO. 16— WEDNESDAY, JANUARY 25, 1967