FEDERAL REGISTER VOLUME 34 • NUMBER 85 Saturday, May 3,1969 • Washington, D.C. Pages 7267-7320

Agencies in this issue— The President Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Railroad Administration Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Interagency Textile Administrative Committee Interstate Commerce Commission Labor Department Land Management Bureau Mines Bureau Post Office Department Small Business Administration Smithsonian Institution Detailed list of Contents appears inside., Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1969]

This useful reference tool is designed them, and (3) how long they must be to keep businessmen and the general kept. Each digest carries a reference to public informed concerning the many the full text of the basic law or regulation published requirements in Federal laws providing for such retention. and regulations relating to record retention. The booklet’s index, numbering over 2,000 items, lists' for ready reference The 86-page “Guide” contains over 900 the categories of persons, companies, digests which tell the user (1) what type and products affected by Federal records must be kept, (2) who must keep record retention requirements.

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FERERAlffiREGISTER Archives and Records Service, General Services Administration (mail address National «— «a« ^\ 1934 ¿fi Phone 962—8626 Area Code 202 c Oa/itf D ^ Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the 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 ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in 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 Code of Federal R egulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first F ederal Register issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal Regulations. Contents

COMMERCE DEPARTMENT FEDERAL POWER COMMISSION THE PRESIDENT See Business and Defense Services Notices EXECUTIVE ORDER Administration. Hearings, etc.: Delegating to the Secretary of Arkansas Louisiana Gas Co___ 7308 State authority to approve or COMMODITY CREDIT Columbia Gulf Transmission reject recommendations and CORPORATION C o ______7308 actions of certain fisheries com­ Florida Gas Transmission Co_ 7308 missions ______7271 Notices Green Bay & Mississippi Canal Cotton; acquisition of 1968-crop Co ______7309 loan cotton______7294 Holyoke, Mass., City of, Gas & EXECUTIVE AGENCIES Sales of certain commodities; Electric Department..______7309 AGRICULTURE DEPARTMENT May sales list______i__ 7291 Kansas City Power & Light Co. 7309 Kansas-Nebraska Natural Gas See Commodity Credit Corpora­ CONSUMER AND MARKETING Co., Inc______7310 tion; Consumer and Marketing Mapco Production Co. et al___ 7310 Service. SERVICE Scott, Francis W., estate of, et al______7304 ATOMIC ENERGY COMMISSION Rules and Regulations Grapefruit grown in Arizona and South Georgia Natural Gas Co. 7311 Rules and Regulations California; shipment limita­ Interpretation; jurisdiction over tion ______1__ 7282 FEDERAL RAILROAD nuclear facilities and materials. 7273 Grapefruit grown in Florida; handling limitation______7284 ADMINISTRATION Notices Lemons grown in California and Proposed Rule Making Radiological Service Co., Inc.; Arizona; handling limitation__ 7283 Power or Train Brake Safety Ap­ proposed issuance of amend­ Soybeans; grain standards.___ 7282 pliance Act of 1958; extension ment to byproduct, source, and of tim e..______7289 special nuclear material license. 7319 FEDERAL AVIATION BUSINESS AND DEFENSE ADMINISTRATION FEDERAL TRADE COMMISSION SERVICES ADMINISTRATION Rules and Regulations Rules and Regulations Notices Transition areas: Administrative opinions and rul- A lteration______7274 ings: Duty-free entry of scientific Promoter’s responsibility in tri­ articles: Designations (3 documents)__ 7275 Proposed Rule Making partite promotional assist­ Johns Hopkins School of Medi- ance plan______7278 c in e______7295 Airworthiness d i r e c t i v e ; Bell Survey of professional compen­ Stanford University et al------7295 Modél 206A helicopters______7286 sation by employing institu­ University of California et al— 7296 Transition areas; designations tions ______7278 and/or alterations (4 docu­ Prohibited trade practices: CIVIL AERONAUTICS BOARD ments) ______7287, 7288 Career O rig in als, Inc., and Notices Notices David Kaufman______7275 International Air Transport Asso­ International Field Office at Lima, General Nutrition Corp. et al_ 7276 ciation; hearings, etc. (2 docu­ Peru; relocation______7319 Monique Fur Corp. and Max ments) ______7297 S o ro k a______7277 Washington Gas & Electric Ap­ CIVIL SERVICE COMMISSION FEDERAL COMMUNICATIONS pliance Co., Inc., et al______7277 COMMISSION Rules and Regulations FISH AND WILDLIFE SERVICE Excepted service: Proposed Rule Making Department of Health, Educa­ Maritime mobile service; conform­ Rules and Regulations tion, and Welfare______7282 ity of certain coast and/or ship Eastern Pacific yellowfin tuna U.S. Arms Control and Disar­ stations to frequency tolerance, fisheries; restrictions applicable mament Agency______7281 power limitations and low-pass to fishing vessels______7281 filter requirements; extension of Notices tim e______7289 FOOD AND DRUG Grants of authority to make non­ Notices career executive assignments: Lester H. Allen and Salt-Tee ADMINISTRATION . Department of Commerce____ 7301 Rules and Regulations Department of Transportation. 7301 Radio, Inc.; hearing, etc______7301 Pesticide chemical tolerances; COAST GUARD FEDERAL MARITIME Pyrethrins______7279 COMMISSION Notices HEALTH, EDUCATION, AND Equipment, construction, and ma- Notices terials; approval notice______7317 North A tlantic Continental WELFARE DEPARTMENT Equipment, installations, or mate­ Freight Conference; reschedul­ See Food and Drug Administra­ rials; approval notice; correc­ ing of filing dates regarding tion. tion ______7318 strike surcharges______7304 (Continued on next page) 7269 7270 CONTENTS

INTERAGENCY TEXTILE LABOR DEPARTMENT SMALL BUSINESS ADMINISTRATIVE COMMITTEE Notices ADMINISTRATION Notices Advisory Council on Employee and Rules and Regulations Pension Benefit Plans; recom­ Certain cotton textiles and prod­ mendations for appointment_7314 Disclosure of information; title ucts produced or manufac­ change ______7274 tured in certain countries; Procurement and technical assist­ entry and withdrawal from ance; general______7274 warehouse for consumption: Mexico ______7311 LAND MANAGEMENT BUREAU Notices Republic of Korea______7312 Notices Redelegation of authority; Deputy California; proposed withdrawal Assistant Administrator for INTERIOR DEPARTMENT and reservation of lands____ 7290 Management et al_'______7313 See Pish and Wildlife Service; Utah; opening of lands to applica­ Land Management Bureau; tion, entry, and patenting (2 Mines Bureau. documents)______7290 SMITHSONIAN INSTITUTION INTERSTATE COMMERCE COMMISSION Rul es and Regulations Claims______7279 Notices MINES BUREAU Car distribution: Notices Notices Florida East Coast Railway Co. Redelegation of authority; Direc­ Public contracts and property et al______7314 tor et al------7291 management; authority delega­ Seaboard Coast Line Railroad tion ______7313 Co. et al______7315 Fourth section application for re­ lief ______7315 Motor carriers: POST OFFICE DEPARTMENT Temporary authority applica­ Proposed Rule Making TRANSPORTATION DEPARTMENT tions ______j.___r__ 7315 Special services; domestic and in­ See Coast Guard; Federal Aviation Transfer proceedings (2 docu­ ternational mail; changes in Administration; Federal Rail­ ments) ______7316, 7317 fe e s ______7285 road Administration. List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and specifies how they are affected.

3 CFR 14 CFR 39 CFR Executive Order: 71 (4 documents)______7274, 7275 P roposed R ules r 11467_____ 7271 P roposed R ules: 161 ------7285 39______7286 162 ______: 7285 71 (4 documents)______» 7287, 7288 163 ------7285 5 CFR 166------7285 213 (2 documents)______7281, 7282 168------7285 16 CFR 242______7285 13 (4 documents)______7275-7277 245------7285 7 CFR 15 (2 documents)_____ 7278 26______7282 47 CFR 909 ______7282 910 ______7283 21 CFR P roposed R ules: 912______!______7274 120______7279 81______7289 83------7289 36 CFR 10 CFR 49 CFR 8 ______7273 530______7279 P roposed R ules: 232______*_ 7289 13 CFR 102_____ 7274 50 CFR 124_...... 7274 280. 7281 Presidential Documents Title 3— THE PRESIDENT Executive Order 11467 DELEGATING TO THE SECRETARY OF STATE AUTHORITY TO APPROVE OR REJECT RECOMMENDATIONS AND ACTIONS OF CERTAIN FISH­ ERIES COMMISSIONS By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows : Section 1. The Secretary of State is hereby designated and em­ powered to perform the following-described functions without the ap­ proval, ratification, or other action of the President : (1) The authority vested in the President by section 6(a) of the North Pacific Fisheries Act of 1954 (68 Stat. 699; 16 U.S.C. 1025(a) ) to accept or reject, on behalf of the United States, recommendations made by the International North Pacific Fisheries Commission in accordance with the provisions of Article III, section 1, of the Inter­ national Convention for the High Seas Fisheries of the North Pacific Ocean (signed at Tokyo May 9, 1952, TIAS 2786) and recommenda­ tions made by the Commission in pursuance of the provisions of the Protocol to that Convention. (2) The authority vested in the President by Article III, paragraph 2, of the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea (signed at Ottawa, March 2,1953, TIAS 2900) to approve or reject actions of the International Pacific Halibut Com­ mission taken pursuant to that paragraph. Sec. 2. In carrying out his authority under section 1 of this order the Secretary of State shall consult with the Secretary of the Interior.

T h e W h ite H ouse, M ay I, 1969. [F.R. Doc. 69-5422 ; Filed, May 2,1969 ; 10:45 a.m.]

FEDERAL REGISTER, VO L 34, NO. 85— SATURDAY, MAY 3, 1969

7273 Rules and Regulations

Commission.2 In carrying out its statu­ 1959, legislation was enacted whose pur­ Title 10— ATOMIC ENERGY tory responsibilities for the protection of pose was to promote an orderly regula­ Chapter I— Atomic Energy the public health and safety from radia­ tory pattern between the Federal and tion hazards and for the promotion of the State governments with respect to regu­ Commission common defense and security, the AEC lation of byproduct, source, and special PART 8— INTERPRETATIONS has promulgated regulations which es­ nuclear material, while avoiding dual tablish requirements for the issuance of regulation (see section 274a). That legis­ Jurisdiction Over Nuclear Facilities licenses (Parts 30-36, 40, 50, 70, 71, and lation added section 274, the so-called and Materials 100 of this chapter) and specify Federal-State amendment, to the Atomic standards for radiation protection (Part Energy Act. An interpretation by the General 20 of this chapter). (e) Section 274 (42 U.S.C. 2021) au­ Counsel of the Atomic Energy Commis­ (c) The Atomic Energy Act of 1954 thorizes the Commission to enter into an sion of the Atomic Energy Act of 1954, as had the effect of preempting to the Fed­ agreement with the Governor of any amended, is added to the Atomic Energy eral Government the field of regulation of State providing for the discontinuance Commission’s regulation 10 CPR Part 8, nuclear facilities and byproduct, source, of regulatory authority of the Commis­ which contains interpretations of the and special nuclear material. Whatever sion with respect to byproduct materials, Atomic Energy Act of 1954 (68 Stat. 919) doubts may have existed as to that pre­ source materials, and special nuclear and of regulations of the Commission is­ emption were settled by the passage of materials in quantities not sufficient to sued thereunder. the Federal-State amendment to the form a “critical mass.” However, section Pursuant to the Atomic Energy Act of Atomic Energy Act of 1954 in 1959.3 274c (42 UJS.C. 2021(c)) provides that 1954, as amended, and sections 552 and (d) Prior to 1954, all nuclear facilities the Commission shall retain authority 553 of title 5 of the United States Code, and the special nuclear material pro­ and responsibility with respect to the the following amendment of 10 CFR Part regulation of: 8 is published as a document subject to duced by or used in them were owned by codification, to be effective upon publica­ the AEC.1 This Federal monopoly of (1) The construction and operation of atomic energy activities was due in large production or utilization facilities (note: tion in the F ederal R egister. this includes construction and operation A new § 8.4 is added to read as follows: part to the use of atomic energy materi­ als and facilities in our national weapons of nuclear powerplants); § 8.4 Interpretation by the General program, and the large capital invest­ (2) The export and import of by­ Counsel: AEC jurisdiction over nu­ ment required for their development. The product, source or special nuclear ma­ clear facilities and materials under Atomic Energy Act of 1954 permitted pri­ terial or production or utilization the Atomic Energy Act. vate ownership of nuclear facilities for facilities; (a) By virtue of the Atomic Energy the first time, but only under a compre­ (3) The disposal into the ocean of Act of 1954, as amended,1 the individual hensive, pervasive system of Federal reg­ waste byproduct, source or special nu­ States may not, in the absence of an ulation and licensing. That Act recog­ clear materials; and agreement with the Atomic Energy Com­ nized no State responsibility or authority (4) The disposal of such other by­ mission, regulate the materials described over such facilities and materials except product, source or special nuclear ma­ in the Act from .the standpoint of radio­ the States’ traditional regulatory au­ terial as the Commission determines logical health and safety. Even States thority over generation, sale, and trans­ should, because of the hazards or poten­ which have entered into agreements with mission of electric power produced tial hazards thereof, not be so disposed the AEC lack authority to regulate the of without a Commission license. facilities described in the Act, including through the use of nuclear facilities.5 As interest grew in the private construction (f) The amendment, in providing for nuclear power plants and the discharge the discontinuance of some of the AEC’s of effluents from such facilities, from the of facilities and the use of atomic energy regulatory authority over source, by­ standpoint of radiological health and materials, and the numbers of persons product and special nuclear material in safety. qualified in the field increased, questions States which entered into agreements (b) The Atomic Energy Act of 1954 arose as to the role State authorities with the AEC, made clear that there sets out a pattern for licensing and regu­ should play with regard to the public should be no “dual regulation” with re­ lation of certain nuclear materials and health and safety aspects of such activi­ spect to those materials for the purpose facilities on the basis of the common ties. Several bills were introduced with of protection of the public health and defense and security and radiological safety from radiation hazards. respect to Federal-State cooperation in (g) Section 274b of the Atomic Energy health and safety. The regulatory pat­ 1956 and 1957.® An AEC proposed bill Act (42 U.S.C. 2021(b)) states that: tern requires, in general, that the con­ which would have authorized concurrent During the duration of such an agreement struction and operation of production fa­ radiation safety standards to be enforced it is recognized that the State shall have cilities (nuclear reactors used for produc­ by the States was forwarded to the Joint authority to regulate the materials covered tion and separation of plutonium or ura­ by the agreement for the protection of the Committee on Atomic Energy in 1957, public health and safety from radiation nium-233 or fuel reprocessing plants) but was never reported out. Finally, in hazards. and utilization facilities (nuclear reac­ Section 274k (42 U.S.C. 2021 (k)) states: tors used for production of power, med­ 2 The terms “byproduct material,” “source ical therapy, research, and testing) and material,” and “special nuclear material” are Nothing in this section shaU be oonstrued the possession and use of byproduct ma­ defined in the Atomic Energy Act, sections to affect the authority of any State or local lie, llz, and llaa, respectively. The terms agency to regulate activities for purposes terial (radioisotopes), source material “production facility” and "utilization facil­ other than protection against radiation (thorium and uranium ores), and special ity” are defined in sections llv and llcc of hazards. nuclear material (enriched u r a n iu m and the Act, respectively. 3 Public Law 86-373, 73 Stat. 688. (h) In its comments on the bill that Plutonium, used as fuel in nuclear re­ 1 Atomic Energy Act of 1946, Public Law was enacted as section 274, the Joint actors) , be licensed and regulated by the 79-585, 60 Stat. 755. Committee oil Atomic Energy commented 8 Section 271, 42 UJS.C. 2018. that: 8S. 4298 and H.R. 8676, 84th Cong., second 1 Public Law 83-703, 68 Stat. 919. It is not intended to leave any room for session; S. 53, 85th Cong., first session. the exercise of dual or concurrent jurisdiction

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7274 RULES AND REGULATIONS by States to control radiation hazards by 37 Cal. Rep. 432, 390 P. 2d 200 (1964); the property, equipment, supplies, and regulating byproduct, source, or special Boswell v. City of Long Beach, CCH materials for which SBA should under­ nuclear materials. The Intent is 1» have the Atomic Energy Law Reports, par. 4045 take to provide for the Government material regulated and licensed either by the Commission, or by the State and local gov­ (1960); Opinion of the Attorney General through the exercise of its prime con­ ernments, but not by both.* of Michigan (Oct. 31, 1962); Opinion of tracting authority. SBA will, for ap­ the Attorney General of South Dakota propriate property, equipment, supplies In explaining section 274k, the Joint (July 23, 1964); New York State Bar and materials, make the certification Committee said: Association, Committee on Atomic provided for in section 8(a) (1) of the As indicated elsewhere, the Commission has Energy, State Jurisdiction to Regulate Small Business Act and enter into a for­ exclusive authority to regulate for protection Atomic Activities (July 12, 1963). No mal contract with the procuring agency. against radiation hazards until such time as precedents or authorities to the contrary * * * * * the State enters into an agreement with the have come to our attention. Commission to assume such responsibility.8 Eff ective date : Immediately upon pub­ (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) lication in the F ederal R egister. (i) It seems completely clear that the Congress, in enacting section 274, intend­ Dated at Germantown, Md., this 14th H ilary S andoval, Jr., ed to preempt to the Federal Govern­ day of March 1969. Administrator. ment the total responsibility and author­ J oseph F. H ennessey, [F.R. Doc. 69-5320; Filed, May 2, 1969; ity for regulating, from the standpoint of General Counsel, 8:47 a.m.] radiological health and safety, the speci­ Atomic Energy Commission. ' fied nuclear facilities and materials; that [F.R. Doc. 69-5296; Filed, May 2, 1969; it stated that intent unequivocally ; and 8:45 a.m.] that the enactment of section 274 effec­ Title 14— AERONAUTICS AND tively carried out the Congressional in­ tent, subject to the arrangement for limited relinquishment of AEC’s regula­ SPACE tory authority and assumption thereof Title 13— BUSINESS CREDIT Chapter 1—Federal Aviation Admin­ by states in areas permitted, and subject to conditions imposed, by section 274.9 AND ASSISTANCE istration, Department of Transpor­ (j) Thus, under the pattern of the tation Atomic Energy Act, as amended by sec­ Chapter I— Small Business [Airspace Docket No. 69-EA—41] Administration tion 274, States which have not en­ PART 71— DESIGNATION OF FEDERAL tered into a section 274 agreement with [Rev. 1, Arndt. 1J the AEC are without authority to license AIRWAYS, CONTROLLED AIR­ or regulate, from the standpoint of ra­ PART 102— DISCLOSURE OF SPACE, AND REPORTING POINTS INFORMATION diological health and safety, byproduct, Alteration of Transition Area source, and special nuclear material or production and utilization facilities. Even Title Change The Federal Aviation Administration those States which have entered into a An internal reorganization makes'nec­ is amending § 71.181 of Part 71 so as to section 274 agreement with the AEC essary a change in the title of the official alter the Columbus, Ohio, 700-foot tran­ (Agreement States) lack authority to li­ authorized to make final decisions on ap­ sition area. cense or regulate, from the standpoint peals from refusals to disclose agency The Lockboume, Ohio, terminal very of radiological health and safety, the information and records and on ap­ high frequency omni-directional radio construction and operation of production pearances and testimony by agency range will be decommissioned during and utilization facilities (including nu­ employees. April 1969. The VOR-Radial 090 instru­ clear power plants) and other activities Accordingly, Part 102 is amended by ment approach procedure for Anchor reserved to the AEC by section 274c. (To substituting “Assistant Administrator for Hocking Airport, Lancaster, Ohio, re­ the extent that Agreement States have Management” for “Assistant Adminis­ cently renamed Fairfield County Airport, authority to regulate byproduct, source, trator for Administration” in §§ 102.5 is canceled effective April 14, 1969. The and special nuclear material, their sec­ (e) and (d) and 102.7, controlled airspace designated to protect tion 274 Agreements require them to use aircraf t executing this procedure must be their best efforts to assure that their Effective date: April 25,1969. rescinded. Consequently, it is necessary regulatory programs for protection H ilary S andoval, Jr., to alter the Columbus, Ohio, 700-foot against radiation hazards will continue Administrator. floor transition area to delete this air­ to be compatible with the AEC’s program [F.R. Doc. 69-5334; Filed, May 2, 1969; space from the designation and to insert for the regulation of byproduct, source 8:48 a.m.] coordinates to provide continuity in the and special nuclear material.) description of the remaining designated (k) The following judicial precedents airspace. and legal authorities support the fore­ [Arndt. 2] Since this amendment results in the going conclusions: Northern California PART 124— PROCUREMENT AND rule being less restrictive and imposes Ass’n, Etc. v. Public Utilities Commission, no additional burden on any person, no­ TECHNICAL ASSISTANCE tice and public procedure herein are un­ General necessary and the amendment may be 7 1959 U.S. Code Congressional and Admin­ made effective in less than 30 days. istrative News, v. 2, p. 2879. § 124.8—1 i Amended] 8 Id. at pp. 2882-3. In consideration of the foregoing, Part 9 As noted above, regulation of construction 1. Section 124.8-1 of the rules and reg­ 7l of the Federal Aviation Regulations and operation of production or utilization ulations of the Small Business Adminis­ is amended effective upon publication in facilities was one of the areas reserved to the tration is amended by deleting paragraph the F ederal R egister as follows: AEC. It is clear from the legislative history of section 274 that control of “operation” of (b) and Tedesignating paragraph (a) Amend § 71.181 of Part 71 of the Fed­ such facilities includes the regulation of the as § 124.8-1; and eral Aviation Regulations so as to delete radiological effects of the discharge of afflu­ 2. Section 124.8-2(a) of the rules and in the description of the Columbus, Ohio, ents from the facilities. (Hearings before the regulations of the Small Business Ad­ 700-foot floor transition area, “within a Joint Committee on Atomic Energy an Fed­ ministration is amended to read as 5-mile radius of the center, 39°45'25" N„ eral-State Relationships in the Atomic Ener­ follows: 82°39'35" W„ of Anchor Hocking Air­ gy Field, 86th Cong„ first session, 1959, p. port, Lancaster, Ohio” and “within 2 306.) AEC regulations implementing section § 124.8—2 Procedures. 274 recognize that intent by defining facility miles each side of the Lockbourne VOR operation to include the discharge of radio - (a) SBA will review procurement088° radial extending from the Anchor active effluents from the facility site (10 CFB. plans and programs of other Government Hocking Airport 5-mile radius area to 8 150.15). departments and agencies to determine miles east of the VOR”. Following the

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 RULES AND REGULATIONS 7275 phrase “that airspace within a line from”, F ederal R egister (34 F.R. 5337) stating Issued in Fort Worth, Tex., on April 23, insert “39°45'00" N., 82°42'00" W. to”. the Federal Aviation Administration pro­ 1969. (Sec. 307(a), Federal Aviation Act of 1958; posed to designate a transition area at A. L. Coulter, 72 Stat. 749; 49 U.S.C. 1348; sec. 6(c), Depart­ Graham, Tex. Acting Director, Southwest Region. ment of Transportation Act; 49 U.S.C. - Interested persons were afforded an [F.R. Doc. 69-5325; Filed, May 2, 1969; 1655(c)) opportunity to participate in the rule 8:47 a.m.] Issued in Jamaica, N.Y., on April 23, making through submission of com­ 1969. ments. All comments received were favorable. Wayne Hendershot, Acting Director, Eastern Region. In consideration of the foregoing, Title 16— COMMERCIAL Part 71 of the Federal Aviation Regula­ [F.R. Doc. 69-5322; Filed, May 2, 1969; tions is amended, effective 0901 G.m.t., PRACTICES 8:47 a.m.] June 26, 1969, as herein set forth. In § 71.181 (34 F.R. 4637), the follow­ Chapter I— Federal Trade Commission [Airspace Docket No. 68-CE-98] ing transition area is added: [Docket No. C-1516] Graham, T ex. pa rt 71— DESIGNATION OF FEDERAL pa rt 13— pr o h ib ited tr a d e AIRWAYS, CONTROLLED AIR­ That airspace extending upward from 700 feet above the surface within a 5-mile radius PRACTICES SPACE, AND REPORTING POINTS of Graham Municipal Airport (lat. 33°06'20” N„ long. 98°33'10” W.), and within 2 miles Career Originals, Inc., and Designation of Transition Area each side of the 014° bearing from the David Kaufman On page 17246 of the F ederal R egister Graham RBN (lat. 33°07'48” N„ long. 98°- 32'59” W.) extending from the 5-mile radius Subpart—Furnishing false guaranties: dated November 21, 1968, the Federal area to 8 miles north of the RBN. § 13.1053 Furnishing false guaranties: Aviation Administration published a 13.1053- 35 Fur Products Labeling Act; notice of proposed rule making which (Sec. 307(a), Federal Aviation Act of 1958; 13.1053- 80 Textile Fiber Products Iden­ would amend § 71.181 of Part 71 of the 49 UJS.C. 1348; sec. 6(c), Department of Transportation Act; 49 U.S.C. 1655(c) ) tification Act. Subpart—Invoicing prod­ Federal Aviation Regulations so as to ucts falsely: § 13.1108 Invoicing prod­ designate a transition area at Windom, Issued in Fort Worth, Tex., on April 23, ucts falsely: 13.1108-45 Fur Products Minn. 1969. Labeling Act. Subpart—Misbranding or Interested persons were given 45 days A. L. Coulter, mislabeling: § 13.1185 Composition: to submit written comments, suggestions Acting Director, Southwest Region. 13.1185-30 Fur Products Labeling Act; or objections regarding the proposed [F.R. Doc. 69-5324; Filed, May 2, 1969; § 13.1212 Formal regulatory and statu­ amendment. 8:47 a.m.] tory requirements: 13.1212-30 Fur No objections have been received and Products Labeling Act. Subpart—Ne­ the proposed amendment is hereby glecting, unfairly or deceptively, to make adopted without change and is set forth [Airspace Docket No. 69-SW-8] material disclosure: § 13.1852 Formal below. pa rt 71— DESIGNATION OF FEDERAL regulatory and statutory requirements: This amendment shall be effective 0901 AIRWAYS, CONTROLLED AIR­ 13.1852-35 Fur Products Labeling Act. G.m.t., June 26,1969. SPACE, AND REPORTING POINTS (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret (Sec. 307(a), Federal Aviation Act of 1958; or apply sec. 5, 38 Stat. 719, as amended, 72 49 U.S.C. 1348; sec. 6(c), Department of Designation of Transition Area Stat. 1717, sec. 8, 65 Stat. 179; 15 U.S.C. 45, Transportation Act; 49 U.S.C. 1655 (c )) 70, 69f) [Cease and desist order, Career Orig­ The purpose of this amendment to inals, Inc., et al., New York, N.Y., Docket Issued in Kansas City, Mo., on April 8, Part 71 of the Federal Aviation Regula­ C-1516, Apr. 4, 1969] 1969. tions is to designate the Nacogdoches, Edward C. Marsh, Tex., transition area. In the Matter of Career Originals, Inc., Director, Central Region. a Corporation, and David Kaufman, On March 18, 1969, a notice of pro­ Individually and as an Officer of In § 71.181 (33 F.R. 2137), the follow­ posed rule making was published in the Said Corporation ing transition area is added: F ederal R egister (34 F.R. 5337) stating Consent order requiring a New York Windom, Min n . the Federal Aviation Administration proposed to designate a transition area City manufacturer of ladies’ coats to That airspace extending upward from 700 cease misbranding and falsely invoicing feet above the-surface within a 6-mile radius at Nacogdoches, Tex. of Windom Municipal Airport (latitude 43°- Interested persons were afforded an its textile fiber and fur products and 54'50” N., longitude 95°06'35” W.); within 5 opportunity to participate in the rule furnishing false guarantees. miles east and 8 miles west of the 354° bear­ making through submission of comments. The order to cease and desist, includ­ ing from Windom Municipal Airport, extend­ All comments received were favorable. ing further order requiring report of ing from the airport to 12 miles north of the compliance therewith, is as follows: airport; and within 5 miles each side of the In consideration of the foregoing, Part 174° bearing from Windom Municipal Air­ 71 of the Federal Aviation Regulations is It is ordered, That respondents Career port, extending from the airport to 12 miles amended, effective 0901 G.m.t., June 26, Originals, Inc., a corporation, and its south of the airport. 1969, as herein set forth. officers, and David Kaufman, individ­ [F.R. Doc. 69-5323; Filed, May 2, 1969; In § 71.181 (34 F.R. 4637), the follow­ ually, and as an officer of said corpora­ 8:47 a.m.] ing transition area is added: tion, and respondents’ representatives, agents, and employees, directly or Nacogdoches, T ex. through any corporate or other device, in [Airspace Docket No. 69-SW-7] That airspace extending upward from 700 connection with the introduction, or PART 71— DESIGNATION OF FEDERAL feet above the surface within a 5-mile radius manufacture for introduction, into com­ of Del Rentzel Airport (lat. 31°34'35” N., merce, or the sale, advertising or offering AIRWAYS, CONTROLLED AIR­ long. 94°42'25” W.), within 2 miles each side for sale in commerce, or the transporta­ SPACE, AND REPORTING POINTS of the Lufkin VORTAC 001° radial extending from the 5-mile radius area to 17 miles north tion or distribution in commerce, of any Designation of Transition Area of the VORTAC, and within 2 miles each fur product; or in connection with the side of the 343° bearing from the Nacog­ manufacture for sale, sale, advertising, The purpose of this amendment to doches RBN (lat. 31°38'01” N., long. 94°- offering for sale, transportation or dis­ Part 71 of the Federal Aviation Regula­ 44'01” W.) extending from the 5-mile radius tribution, of any fur product which is tions is to designate the Graham, Tex., area to 8 miles north of the RBN. made in whole or in part of fur which has transition area. (Sec. 307(a), Federal Aviation Act of 1958; been shipped and received in commerce, On March 18, 1969, a notice of pro­ 49 U.S.C. 1348; sec. 6(c), Department of as the terms “commerce,” “fur,” and posed rule making was published in the Transportation Act; 49 U.S.C. 1655(c)) “fur product” are defined in the Fur

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 No. 85— -2 7276 RUJ.ES AND REGUIATIONS Products Labeling Act, do forthwith a copy of the order to each of its operat­ tom or symptoms caused by a deficiency cease and desist from: ing divisions. of one or more of the vitamins or iron A. Misbranding any fur product by: It is further ordered, That the respond­ provided by such preparations; and, 1. Representing directly or by impli­ ents hereiri shall, within sixty (60) days further, unless such advertisement also cation on a label affixed thereto that the after service upon them of this orderv discloses clearly and conspicuously, in fur contained in such fur product is file with the Commission a report, In immediate or close proximity, and with natural when the fur contained therein writing, setting forth in detail the man­ equal prominence, to any such repre­ is pointed, bleached, dyed, tip-dyed, or ner and form in which they have com­ sentations: otherwise artificially colored. plied with this order. (1) That, in the great majority of persons suffering from any such symp­ 2. Failing to affix a label to such fur Issued: April 4,1969. product showing in words and in figures tom or symptoms, the preparations will plainly legible all of the information re­ By the Commission. be of no benefit in the prevention, treat­ quired to be disclosed by each of the sub­ [seal] J oseph W. S hea, ment, or relief of such symptom or sections of section 4(2) of the Fur Prod­ Secretary. symptoms; and ucts Labeling Act. (2) That the presence of iron de­ [F.R. Doc. 69-5312; Filed, May 2, 1969; ficiency anemia or iron deficiency of any B. Falsely or deceptively invoicing any 8:46 a.m.] fur product by: degree cannot be self-diagnosed and 1. Failing to furnish an invoice as the can be determined only by means of term “invoice” is defined in the Fur [Docket No. C-1517] medical or laboratory tests conducted by or under the supervision of a physi­ Products Labeling Act, showing in words PART 13— PROHIBITED TRADE and figures plainly legible all the in­ cian; and formation required to be disclosed by PRACTICES (3) That the presence of a deficiency each of the subsections of section 5(b) General Nutrition Corp. et al. of the B vitamins, or of any vitamin, (1) of the Fur Products Labeling Act. cannot be self-diagnosed and can be 2. Representing directly or by implica­ Subpart—Advertising falsely or mis­ determined only by means of medical or tion on invoices that the fur contained leadingly: § 13.170 Qualities or prop­ laboratory tests conducted by or under in such fur product is natural when such erties of product or service: 13.170-52 the supervision of a physician. fur is pointed, bleached, dyed, tip-dyed, Medicinal, therapeutic, healthful, etc.; (b) Any B Complex Vitamin or Vi­ or otherwise artificially colored. 13.170-64 Nutritive. tamin C is not stored in the body or must It is further ordered, That respondents (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets be replaced daily. Career Originals, Inc., a corporation, and or applies, sec. 5, 38 Stat. 719, as amended; (c) Any ingredient, other than iron, its officers, and David Kaufman, individ­ 15 U.S.C. 45) [Cease and desist order, Gen­ in Geri-Gen Liquid, Geri-Gen Tablets, ually and as an officer of said corpora­ eral Nutrition Corp., et al., Pittsburgh, Pa., or Hemotrex contributes to the effective­ tion, and respondents’ representatives, Docket C-1517, Apr. 4,1969] ness of these or similar preparations in agents, and employees, directly or In the Matter of General Nutrition Cor­ the prevention, treatment, or relief of through any corporate or other device, poration, a Corporation, Also Trad­ iron deficiency anemia or of iron de­ do forthwith cease and desist from fur­ ing as Natural Sales Co., and ficiency or of symptoms represented, nishing a false guaranty that any fur David Bi Shakarian, Individually directly or by implication, to be caused product is not misbranded, falsely in­ and as an Officer of Said Corpora­ by iron deficiency or iron deficiency voiced, or falsely advertised when the tion anemia; respondents have reason to believe that (d) An individual with iron defi­ such fur product may be introduce^ sold, Consent order requiring a Pittsburgh, ciency anemia or an iron deficiency may Pa., distributor of drug preparations to also suffer from a deficiency of one or transported, or distributed in commerce. cease making exaggerated claims con­ It is further ordered, That respondents more of the other minerals or of one or cerning the efficacy of its vitamins and more,of the vitamins in Geri-Gen Liquid, Career Originals, Inc., a corporation, and mineral products, and disseminating ad­ its officers, and David Kaufman, in­ Geri-Gen Tablets, or Hemotrex, unless dividually and as an officer of said cor­ vertising which lists untested ingredients. the advertisement also discloses clearly poration, and respondents’ representa­ The order to cease and desist, including and conspicuously, in immediate or close tives, agents and employees, directly or further order requiring report of compli­ proximity and with equal prominence, through any corporate or other device, ance therewith, is as follows: that in the great majority of cases of iron in connection with the introduction, de­ It is ordered, That respondents Gen­ deficiency anemia or iron deficiency livery for introduction, manufacture for eral Nutrition Corp., a corporation, also there is no need for additional vitamins introduction, sale, advertising or offer­ trading as Natural Sales Co., or under or for any additional mineral other than ing for sale, in commerce, or the trans­ any other name or names, and its officers, iron; portation or causing to be transported and David B. Shakarian, individually (e) The presence of iron deficiency in commerce, or the importation into and as an officer of said corporation, anemia or iron deficiency of any degree the United States, of any textile fiber and respondents’ agents, representatives, can be self-diagnosed; product; or in connection with the sale, and employees, directly or through any (f) The presence of iron deficiency offering for sale, advertising, delivery, corporate or other device, in connection anemia or iron deficiency of any degree transportation or causing to be trans­ with the offering for sale, sale or dis­ can generally be determined without ported, of any textile fiber product which tribution of Geri-Gen Liquid, Geri-Gen medical or laboratory tests conducted by has been advertised or offered for sale Tablets or Hemotrex, or any other food or under the supervision of a physician. in commerce; or in connection with the or drug preparation containing vitamins (g) The presence of a deficiency of sale, offering for sale, advertising, de­ and/or minerals, do forthwith cease and the.B vitamin, or of any vitamin, can be livery, transportation or causing to be desist from: self-diagnosed. transported, after shipment in commerce, 1. Disseminating, or causing to be dis­ (h) The presence of a deficiency of the of any textile fiber product, whether in seminated, by means of the United B vitamins, or of any vitamin, can gen­ its original state or contained in other States mails or by any means in com­ erally be determined without medical textile fiber products, as the terms “com­ merce, as “commerce” is defined in the tests conducted by or under the super­ merce” and “textile fiber product” are Federal Trade Commission Act, any ad­ vision of a physician. defined in the Textile Fiber Products vertisement which represents, directly or Provided, however, That the reference Identification Act, do forthwith cease by implication that: in any advertisement of respondents’ vi­ and desist from furnishing false guar­ (a) The use of such preparations willtamin and/or mineral products to a anties that textile fiber products are not be of benefit in the prevention, relief or deficiency of vitamins and/or minerals, misbranded or falsely invoiced under the treatment of tiredness, listlessness, lack either directly or by inference, shall not provisions of the Textile Fiber Products of normal appetite, “depleted” feeling, be deemed to constitute a violation of Indentifiçation Act. “run-down” feeling, easy fatigability or subsections (e), (f), (g), or (h) of sec­ It is further ordered, That the respond­ any other symptom, unless such repre­ tion 1 hereof so long as such advertise­ ent corporation shall forthwith distribute sentation is expressly limited to a symp­ ment also contains an equally clear and

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 RULES AND REGULATIONS 7277 conspicuous statement which reads “If, [Docket No. 0-1515] 1. Failing to furnish an invoice, as the after medical tests, your doctor has PART 13— PROHIBITED TRADE term “invoice” is defined in the Fin: found that you need vitamin and/or Products Labeling Act, showing in words mineral supplements, let him recom­ PRACTICES and figures plainly legible all the infor­ mend those which you may need.” Monique Fur Corp. and Max Soroka mation required to be disclosed by each Provided further, however, That nei­ of the subsections of section 5(b)(1) of ther (1) the identification of respond­ Subpart—Furnishing false guaranties: the Fur Products Labeling Act. ents’ vitamin and/or mineral products § 13.1053 Furnishing false guaranties: 2. Representing, directly or by impli­ by names which are acceptable in label­ 13.1053-35 Fur Products Labeling Act. cation, on an invoice that the fur con­ ing to the Food and Drug Administra­ Subpart—Invoicing products falsely: tained in such fur product is natural tion; nor (2) the listing of the ingredi­ § 13.1108 Invoicing products falsely: when such fur is pointed, bleached, dyed, ents or enumeration of the formulas of 13.1108-45 Fur Products Labeling Act. Subpart—Misbranding or mislabeling: tip-dyed, or otherwise artificially colored. such products expressed as percentages It is further ordered, That respondents of such unit as may be determined as § 13.1185 Composition: 13.1185-30 Fur Products Labeling Act; § 13.1212 For­ Monique Fur Corp., a corporation, and its appropriate in labeling by the Food -and officers, and Max Soroka, individually Drug Administration; shall be considered mal regulatory and statutory require­ ments: 13.1212-30 Fur Products Label­ and as an officer of said corporation, and to be violative of subsections (c), (d), respondents’ representatives, agents, and (e), (f), (g), or (h) hereof. ing Act. Subpart—Neglecting, unfairly or deceptively, to make material dis­ employees, directly or through any cor­ 2. Disseminating, or causing to be dis­ porate or other device, do forthwith seminated, by means of the U.S. mails or closure: § 13.1852 Formal regulatory by any means in commerce, as “com­ and statutory requirements: 13.1852-35 cease and desist from furnishing a false Fur Products Labeling Act. guaranty that any fur product is not mis­ merce” is defined in the Federal Trade branded, falsely invoiced or falsely ad­ Commission Act, any advertisement (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret which lists, or otherwise refers to as an or apply sec. 5, 38 Stat. 719, as amended, sec. vertised when the respondents have ingredient, any ingredient the need for 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and reason to believe that such fur product which in human nutrition has not been desist order, Monique Fur Corp. et al., New may be introduced, sold, transported, or established, or an ingredient whose pres­ York, N.Y., Docket C-1515, Apr. 3, 1969] distributed in commerce. ence in the preparation is without nutri­ In the Matter of Monique Fur Corp., a It is further ordered, That the re­ tional significance, unless the advertise­ Corporation, and Max Soroka, In­ spondent corporation shall forthwith ment also discloses clearly and con­ dividually and as an Officer of Said distribute a copy of this order to each spicuously, in immediate or close prox­ Corporation of its operating divisions. imity, and with equal prominence: (1) It is further ordered, That the re­ That the need for such ingredient in Consent order requiring a New York spondents herein shall, within sixty (60) human nutrition has not been estab­ City manufacturing furrier to cease mis­ days after service upon them of this lished; or (2) that the presence of such branding and falsely invoicing its fur order, file with the Commission a report, ingredient in such preparation is without products and furnishing deceptive in writing, setting forth in detail the nutritional significance, as the case may guaranties. manner and form in which they have be. The order to cease and desist, including complied with this order. further order requiring report of compli­ 3. Disseminating, or causing to be dis­ Issued: April 3,1969. seminated, by means of the U.S. mails or ance therewith, is as follows:, by any means in commerce, as “com­ It is ordered, That respondents By the Commission. Monique Fur Corp., a corporation, and merce” is defined in the Federal Trade [seal] J oseph W. S hea, Commission Act, any advertisement its officers, and Max Soroka, individually Secretary. which contains statements which are in­ and as an officer of said corporation, and consistent with, negate or contradict any respondents’ representatives, agents, and [F.R. Doc. 69-5314; Filed, May 2, 1969; of the affirmative disclosures required by employees, directly or through any cor­ 8:46 a.m.] paragraphs 1 or 2 of this order. porate or other device, in connection with 4. Disseminating, or causing to be dis­ the introduction, or manufacture for in­ [Docket No. C-1518] seminated, by any means, for the pur­ troduction, into commerce, or the sale, pose of inducing, or which is likely to advertising or offering for sale in com­ PART 13— PROHIBITED TRADE induce, directly or indirectly, the pur­ merce, or the transportation or distribu­ PRACTICES chase of any such preparation in com­ tion in commerce, of any fur product; merce, as “commerce” is defined in the or in connection with the manufacture Washington Gas & Electric Federal Trade Commission Act, any ad­ for sale, sale, advertising, offering for Appliance Co., Inc., et al. vertisement which contains any of the sale, transportation or distribution of Subpart—Advertising falsely or mis­ representations prohibited by para­ any fur product which is made in whole leadingly: § 13.15 Business status, ad­ graphs 1, 2, or 3 hereof, or which fails to or in part of fur which has been shipped vantages, or connections: 13.15-30 Con­ comply with the affirmative require­ and received in commerce, as the terms nections or arrangements with others; ments of paragraphs 1 and 2 hereof. “commerce,” “fur,” and “fur product” 13.15-180 Location; 13.15-270 Size and It is further ordered, That the respond­ are defined in the Fur Products Labeling extent. Subpart—Appropriating trade ent corporation shall forthwith distribute Act, do forthwith cease and desist from: name or mark wrongfully: § 13.295 Ap­ a copy of this order to each of its operat­ A. Misbranding any fur product by: propriating trade name or mark wrong­ ing divisions. •» 1. Representing, directly or by impli­ fully: 13.295-20 Competitor. Subpart— It is further ordered, That the respond­ cation, on a label that the fur contained Disparaging competitors and their prod­ ents herein shall, within sixty (60) days in such fur product is natural when the ucts—Competitors’ products: § 13.1010 after service upon them of this order, fur contained therein is pointed, Qualities or properties. Subpart—Mis­ file with the Commission a report, in bleached, dyed, tip-dyed, or otherwise representing oneself and goods—Business writing, setting forth in detail the man­ artificially colored. status, advantages or connections: § 13.- ner and form in which they have com­ 1395 Connections and arrangements plied with this order. 2. Failing to affix a label to such fur product showing in words and in figures with others; § 13.1475 Location; § 13.- Issued: April 4, 1969. plainly legible all of the information re­ 1555 Size, extent or equipment. By the Commission. quired to be disclosed by each of the (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies, sec. 5, 38 Stat. 719, as amended; 15 [ seal] J oseph W. S hea, subsections of section 4(2) of the Fur U.S.C. 45) [Cease and desist order, Washing­ Secretary. Products Labeling Act. ton Gas & Electric Appliance Co., Inc., etc., [F.R. Doc. 69-5313; Filed, May 2, 1969; B. Falsely or deceptively invoicing any Washington, D.C., Docket C-1518, Apr. 7, 8:46 a.m.] fur product by: 1969]

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7278 RULES AND REGULATIONS

In the Matter of Washington Gas & Elec­ advertising, in any manner, a sales, serv­ PART 15— ADMINISTRATIVE tric Appliance Co., Inc., and Allison ice, dispatch or other facility, at various OPINIONS AND RULINGS Air Conditioning & Heating Service, addresses unless they, in fact, maintain Corporations, and Sidney Grossman, either sales, service, dispatch or other Survey of Professional Compensa­ Individually and as an Officer of Said facilities at the addresses advertised and tion by Employing Institutions Corporations, and Abatt Air Condi­ listed and truthfully so designate the tioning & Heating Co., Inc., a nature of such facilities at each address § 15.345 Survey of professional com­ Corporation in any such advertising and listing. pensation by employing institutions. 9. listing in telephone directories, or (a) The Commission issued an advi­ Consent order requiring three affiliated advertising, in ariy manner, a corpora­ sory opinion with respect to a proposed Washington, D.C., distributors of air tion, company, or other business con­ survey of certain professional compen­ conditioning and heating units to cease sation in employing institutions. using or simulating the trade names of cern, unless such corporation, company any public utility or competitors, using or other business concern, is a viable (b) The applicant proposed to conduct business entity, which maintains books a survey of employing institutions by dummy addresses to falsify the size of and records and has a full time force of their operations, and disparaging the in­ means of a questionnaire to ascertain the personnel which conduct business on a compensation being paid to specified stalled equipment of competitors. daily basis. professionals. Respondents to the ques­ The order to cease and desist, includ­ 10. Listing in telephone directories, or ing further order requiring report of com­ tionnaire would not be identified. The advertising, in any manner, the same results of the survey would be reported as pliance therewith, is as follows: company or corporation under more than national and regional averages and they It is ordered, That respondents Wash­ one name. would be published and distributed to the ington Gas & Electric Appliance Co., Inc., 11. Misrepresenting, in any manner, trade and public press. No conclusions and Allison Air Conditioning & Heating the location or extent of the sales or would be drawn nor would recommenda­ Service, corporations, and their officers, services facilities operated by respon­ tions be made. and Sidney Grossman, individually and dents. (c) The Commission advised the ap­ as an officer of said corporations, and 12. Representing, directly or by impli­ plicant that implementation of the respondent Abatt Air Conditioning & cation, that any furnace or air condi­ proposed course of action in the manner Heating Co., Inc., a corporation, and its tioning unit is defective in any manner, described probably would not violate any officers, and respondents’ agents, repre­ not repairable, or in a condition which of the laws administered by the sent tives and employees, directly or may endanger life or property: Provided, Commission. through any corporat e or other device, in however, That it shall be a defense in any connection with the advertising, offering enforcement proceeding instituted here­ (38 Stat. 717, as amended; 15 U.S.C. 41-58) for sale, sale, distribution or service of under for respondents to establish that Issued: May 2,1969. air conditioning or heating units or other such representation or representations products, in commerce, as “commerce” is were based upon adequate inspection or By direction of the Commission. defined in the Federal Trade Commission analysis of the unit and respondents I seal] J oseph W. Shea, Act, do forthwith cease and desist from: thereby knew or had valid reason to be­ Secretary. 1. Using, in any manner, a sales plan, lieve in good faith that said represen­ [F.R. Doc. 69-5293; Filed, May 2, 1969; scheme or device wherein false, mislead­ tation or representations were true. 8:45 a.m.] ing or deceptive representations are made 13. Making any representation, in any in order to obtain leads or prospects for manner, with respect to the condition of the sale of merchandise or services or to any air conditioning or heating unit: PART 15— ADMINISTRATIVE induce sales of any merchandise or Provided, however, That it shall be a OPINIONS AND RULINGS services. defense in any enforcement proceeding 2. Using the name Washington Gas & instituted hereunder for respondents to Promoter’s Responsibility in Tripar­ Electric Appliance Co., Inc., or any varia­ establish that such representation or tite Promotional Assistance Plan tion thereof, or any substantially similar representations were based upon ade­ § 15.346 Promoter’s responsibility in name or designation in the greater Wash­ quate inspection or analysis of the unit tripartite promotional assistance ington, D.C., metropolitan area: Pro­ and respondents thereby knew or had plan. vided, however, That nothing herein valid reason to believe in good faith that shall be construed to prohibit respond­ said representation or representations (a) The Commission issued an advi­ ents from using the name Washington were true. sory opinion relative to the duty and Electric & Gas Furnace and Air Condi­ 14. Failing to deliver a copy of this responsibility under the laws admin­ tioning Co., Inc. order to cease and desist to all present istered by the Commission of a promoter 3. Representing, directly or indirectly, and future salesmen or other persons en­ or intermediary in a tripartite promo­ that respondents’ employees are in the gaged in the sale of respondents’ prod­ tional assistance plan. * employ of any gas or utility company. ucts or services, and failing to secure (b) The Commission expressed the from each such salesman or other person view that the fact that an intermediary 4. Misrepresenting, in any manner, the is positioned between the supplier and nature of respondents’ business, or af­ a signed statement acknowledging receipt of said order. the supplier’s customers does not affect filiations or connections with any public the applicability of the law to the plan. utility or publicly franchised company, or It is further ordered, That respondent corporations shall forthwith distribute a Such a plan must still provide all of the any other organization. supplier’^, customers who compete with 5. Using the name “Ream” or any copy of this order to each of their operating divisions. each other in reselling his products an substantially similar name or designa­ opportunity to participate on propor­ tion in any telephone directory listing, It is further ordered, That the re­ tionally equal terms. In this regard, the or advertising of any nature. spondents herein shall, within sixty (60) plan should contain suitable alternatives 6. The adoption, advertising, or listing days after service upon them of this for customers who may be unable, as a in telephone directories of any trade or order, file with the Commission a report, practical matter, to participate in the corporate name which simulates the in writing, setting forth in detail the primary proposal. trade or corporate name of an estab­ manner and form in which they have (c) The legality of such arrangements, lished competitor or the product sold by complied with this order. in the Commission’s view, is measured an established competitor of respondents. Issued: April 7, 1969. by whether the promoter and the sup­ 7. Representing, directly or indirectly, By the Commission. pliers using the plan have met this obli­ that respondents regularly sell any trade gation toward the suppliers’ customers or name product unless respondents regu­ [seal] J oseph W. S hea, whether participating customers have larly sell said products in the course of Secretary. actual or constructive knowledge that their business. [F.R. Doc. 69-5315; Filed, May 2, 1969; they disproportionately benefit under the 8. Listing in telephone directories, or 8:46 a.m.] plan.

FEDERAI REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 RULES AND REGULATIONS 7279 (d) In the light of these general prin­ and Drugs concludes that the tolerances ciples, the Commission declined to ap­ established by this order will protect the Title 36— PARKS, FORESTS, prove the proposed promotional plan for public health. Therefore, pursuant to the two reasons—(1) The proposal did not provisions of the Federal Food, Drug, and appear to be a complete plan offering Cosmetic Act (sec. 408(d)(2), 68 Stat. AND MEMORIALS practical alternatives for those custom­ 512; 21 U.S.C. 346a(d)(2)) and under Chapter V— Smithsonian Institution ers unable to participate in the primary authority delegated to the Commissioner PART 530— CLAIMS proposal, and (2) even if it did contain (21 CFR 2.120), § 120.128 is revised to alternatives usable by all competing cus­ read as follows to establish the above- Part 530, Title 36, is added to the Code tomers, they would apparently not all be mentioned tolerances: of Federal Regulations as follows: notified of the entire plan so that each Subpart A— Tort Claims § 120.128 Pyrethrins; tolerances for Sec. may choose which alternative is suitable residues. for his own use. 530.1 Authority to settle. Tolerances for residues of the insecti­ 530.2 Procedure for filing. (e) The Commission stated that if the 530.3 Place of filing. proposed promotional assistance plan cide pyrethrins (insecticidally active were implemented, section 2 (d) or (e) principles of Chrysanthemum cinera- Subpart B— Personal Property Claims of Federal of the Clayton Act, as amended, and/or riaefolium) are established in or on raw Personnel section 5 of the Federal Trade Commis­ agricultural commodities as follows: 530.11 Authority and purpose. sion Act would probably be violated. From postharvest application: 3 parts 530.12 Procedure for filing. per million in or on barley, birdseed mix­ 530.13 Time limitations. (38 Stat. 717, as amended; 15 U.S.C. 41-58; 530.14 Principal types of claims allowable. 49 Stat. 1526; 15 U.S.C. 13, as amended) tures, buckwheat, com (including pop­ 530.15 Principal types of claims not allow­ corn) , rice, rye, and wheat. able. Issued: May 2,1969. From postharvest application: 1 part 530.16 Settlement of claims. By direction of the Commission.1 per million in or on almonds, apples, 530.17 Delegation of authority. beans, blackberries, blueberries (huckle­ 530.18 Employees Personal Property Claims [seal] J oseph W. S hea, berries), boysenberries, cherries, cocoa Committee. Secretary. beans, copra, cottonseed, crabapples, 530.19 Annual report. [PH. Doc. 69-5294; Piled, May 2, 1969; currants, dewberries, figs, flaxseed, goose­ Subpart C— Claims Collection 8:45 a.m.] berries, grain sorghum, grapes, guavas, 530.21 Implementation of joint regulations. loganberries, mangoes, muskmelons, 530.22 Scope of regulations. oats, oranges, peaches, peanuts (deter­ 530.23 Delegation of authority. mined on the nuts with shell removed), Title 21— FOOD AND DRUGS pears, peas, pineapples, plums (fresh Subpart A— Tort Claims prunes), raspberries, tomatoes, and Authority: The provisions of this Subpart Chapter I— Food and Drug Adminis­ walnuts. A are issued under sec. 1(a), 80 Stat. 306; 28 U.S.C. 2672. tration, Department of Health, Ed­ 0.5 part per million in milk fat reflect­ ucation, and Welfare ing negligible residues in milk. § 530.1 Authority to settle. SUBCHAPTER B— FOOD AND FOOD PRODUCTS 0.1 part per million (negligible resi­ The General Counsel of the Smith­ due) in meat, fat, and meat byproducts sonian Institution, or his designee, is au­ PART 120— TOLERANCES AND EX­ of cattle, goats, hogs, horses, and sheep. thorized to settle all claims against the EMPTIONS FROM TOLERANCES Any person who will be adversely af­ United States for damages to property or FOR PESTICIDE CHEMICALS IN OR fected by the foregoing order may at any for personal injuries or for death caused ON RAW AGRICULTURAL COM­ time within 30 days from the date of its by the negligent act or failure to act of a MODITIES publication in the F ederal R egister file Smithsonian Institution employee in the with the Hearing Clerk, Department of course of his employment cognizable Pyrethrins Health, Education, and Welfare, Room under the Federal Tort Claims Act, as A petition (PP 8F0692) was filed with 5440, 330 Independence Avenue SW., amended. Public Law 89-506 amended the Food and Drug Administration by Washington, D.C. 20201, written objec­ the Federal Tort Claims Act to provide the Kenya Pyrethrum Co., 1715 South­ that claims accruing after January 18, tions thereto, preferably in quintuplicate. 1967, may be settled in accordance with east Fifth Street, Minneapolis, Minn. Objections shall show wherein the per­ 55414, proposing the establishment of regulations prescribed by the Attorney tolerances for residues of the insecticide son filing will be adversely affected by the General, and it removed the monetary pyrethrins in the raw agricultural com­ order and specify with particularity the limitation of $2,500 on the authority of modities: Milk at 0.002 part per million; provisions of the order deemed objec­ Federal agencies to settle claims adminis­ tionable and the grounds for the objec­ tratively; however, settlement of tort and meat and fat of beef or dairy ani­ claims under Public Law 89-506 in ex­ mals at 0.05 part per million. tions. If a hearing is requested, the ob­ cess of $25,000 may be effected only Subsequently, the petition was jections must state the issues for the with the advance written approval of the amended by changing the proposed tol­ hearing. A hearing will be granted if the Attorney General or his designee. Claims erances to 0.5 part per million in milk objections are supported by grounds le­ accruing on or after January 18, 1967, fat reflecting negligible residues in milk gally sufficient to justify the relief sought. shall be settled in accordance with the and 0.1 part per million (negligible resi­ Objections may be accompanied by a provisions of the regulations issued by memorandum or brief in support thereof. the Department of Justice on Decem­ due) in meat, fat, and meat byproducts ber 29, 1966 (28 CFR Part 14), which of cattle, goats, hogs, horses, and sheep. Effective date. This order shall become are adopted and implemented by this The Secretary of Agriculture has cer­ effective on the date of its publication in part. tified that this pesticide chemical is use­ the F ederal R egister. § 530.2 Procedure for filing. ful for the purposes for which the tol­ (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. 346a erances are being established. For purposes of the regulations in this (d)(2)) part, a claim is deemed to have been pre­ Based on consideration given the data Dated: April 28,1969. sented when the Institution receives at submitted in the petition, and other rele­ J. K. K irk, the places designated in section 3, below, vant material, the Commissioner of Food Associate Commissioner an executed “Claim for Damage or In­ for Compliance. jury,” Standard Form 95, or other writ­ 1 Commissioner Elman did not concur in [F.R. Doc. 69-5316; Filed, May 2, 1969; ten notification of an incident, accom­ this action of the Commission. 8:46 a.m.] panied by a claim for money damages

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7280 RULES AND REGULATIONS in a sum certain for injury to or loss of § 530.14 Principal types of claims (m) Claims for damage or loss caused, property, for personal Injury, or for allowable. in whole or in part, by the negligent or death alleged to have occurred by reason (a) In general, a claim may be allowed wrongful act of the employee or his of an incident. agent; only for tangible personal property of a (n) Property used for business or § 530.3 Place of filing. type and quantity that was reasonable, useful, or proper for the employee to profit; A claimant shall mail or deliver his possess under the circumstances at the (o) Theft from the possession of the claim to the Chairman, Smithsonian time of the loss or damage. employee unless due care was used to Tort Claims Committee, Smithsonian In­ (b) Claims that will ordinarily be al­ protect possession; or stitution, Washington, D.C., or to the lowed include, but are not limited to, (p) Property acquired, possessed or Office of the General Counsel. cases in which the loss or damage transported in violation of law, or regula­ Subpart B— Personal Property Claims occurred: tions, of Federal Personnel (1) In quarters assigned or provided in § 530.16 Settlement of claims. kind, by the Government, wherever Authority: The provisions of this Sub­ situated; Where appropriate, lost or damaged part B are issued under sec. 3, 78 Stat, 767, (2) In quarters outside the SO States property may-be replaced in kind. As as amended; 31 UJ3.C. 241. and the District of Columbia whether or provided by the Act, fees payable to any § 530.11 Authority and purpose. not assigned or provided in kind by the agent or attorney in connection with a claim shall not exceed 10 percent of the (a) The Act of August 31, 1964, Pub­ Government, unless the claimant is a amount paid. The settlement of a claim lic Law 88-558, 78 Stat. 767, as amended local or native resident; is final and conclusive for all purposes. (31 U.S.C. 240 et seq.), provides that (3) In a place officially designated for storage of property such as a warehouse, § 530.17 Delegation of authority. subject to any policies which the Presi­ office, or other storage place; dent may prescribe and under such reg­ (4) In a marine, rail, aircraft, or other The General Counsel of the Smithson­ ulations as the head of an agency may common disaster or a natural disaster ian Institution or his designee is author­ prescribe, the Secretary of the Smith­ such as a fire, flood, or hurricane; ized to settle all claims against the sonian or his designee may settle and pay (5) When the property, including per­ United States for not more than $6,500 a claim arising after the effective date sonal clothing and vehicles, was subjected for damage or loss of personal property of the Act (Aug. 31, 1964) against the. to extraordinary risks in the perfor­ incident to Federal service. United States for not more than $6,500 mance of duty, such as in connection with § 530.18 Employees Personal Property made by a Federal civilian officer or em­ civil disturbances, public disorder, com­ Claims Committee. ployee or a member of the uniformed mon or natural disaster, or efforts to The Federal Tort Claims Committee services under the jurisdiction of the save Government property or human life; Smithsonian Institution, for damage to, as presently constituted shall serve as (6) When the property was used for the Employees Personal Property Claims or loss of personal property incident to the benefit of the Government at the Federal service. Committee and, when requested by the direction of a superior; and General Counsel or his designee, will (b) The general purpose of the au­ (7) When the property was money de­ review property claims and advise the thority provided by the statute is to make posited with an authorized Government General Counsel with regard to the dis­ possible administrative settlement and agent for safekeeping. payment of meritorious claims, in lieu position thereof. of settlement and payment by private re­ § 530.15 Principal types of claims not § 530.19 Annual report. allowable. lief bills. The purpose, moreover, of this The Treasurer shall prepare an annual authority is to make it possible to re­ Claims that will ordinarily not be al­ report for submission by the Secretary imburse Federal employees, not for any lowed include, but are not limited to, to the Congress on claims settled under and all damage to, or loss of, personal claims for: this authority, as required by 31 U.S.C. property, but only for unusual and un­ (a) Losses or damages totaling less 241(e), including therein the name of foreseen loss of or damage to personal than $10 or more than $6,500; the claimant, the amount claimed, and property, which is not covered by in­ (b) Money or currency except when the amount paid. surance and which is sustained through deposited with an authorized Govern­ no fault of their own, as an incident of ment agent for safekeeping or except Subpart C— Claims Collection their employment. when lost incident to a marine, rail, air­ Authority : The provisions of this Subpart craft, or other common disaster or a C are issued under sec. 3, Federal Claims Col­ § 530.12 Procedure for filing. natural disaster such as a fire, flood, or lection Act of 1966, 80 Stat. 309; 31 U.S.C. A claim should be presented by the hurricane; 951-953; Joint Regulations of GAO and the employee or by any authorized agent (c) Transportation losses involving Department of Justice, 4 CFR Ch. II, Parts or legal representative, or, in the case baggage, household goods, or other ship­ 101-105. of death, by his spouse, children, parents, ments which could have been insured; § 530.21 Implementation of joint regu­ or siblings. The claim should be sub­ (d) Articles of extraordinary value; lations. stantiated by evidence such as written (e) Articles being worn (unless allow­ estimates of cost of repairs and a state­ able under section 4); The regulations in this part adopt and ment concerning the facts and circum­ (f) Intangible property such as bank supplement as necessary for operations stances surrounding the loss. It should books, checks, notes, stock certificates, of the Smithsonian Institution all pro­ indicate that the possession of the par­ money orders, or travelers checks; visions of the Joint Regulations issued ticular property was reasonable, useful, (g) Property owned by the United by the Comptroller General of the United or proper under the circumstances and States unless the employee is financially States and the Attorney General of the the loss was neither wholly nor in part responsible for it to another Government United States (4 CFR Parts 101-105) due to the negligence of the employee. agency; under section 3 of the Federal Claims Claims should be mailed or delivered to (h) Claims for loss or damage to Collection Act of 1966, Public Law 89- the Chairman, Personal Property Claims motor vehicles or trailers (unless allow­ 508, 80 Stat. 308, 309. The regulations in able under section 4 ) ; this part prescribe standards for ad­ Committee, Smithsonian Institution, ministrative collection of civil claims by Washington, D.C., or to the Office of the (i) Losses of insurers and subrogees; the Government as well as compromise, General Counsel. (j) Losses recoverable from insurers suspension, or termination of agency and carriers; collection action, with respect to claims § 530.13 Time limitations. (k) Losses in quarters within the not exceeding $20,000 exclusive of inter­ The claim must be presented in writ­ United States not assigned or otherwise est, and the referral to the General Ac­ ing no later than 2 years after it accrues provided in kind by the Government; counting Office, and to the Department

FEDERAL REGISTER, VO L 34, NO. 85— SATURDAY, MAY 3, 1969 RULES AND REGULATIONS 7281

§ 530.22 Scope of regulations. § 280.6 Restrictions applicable to fish­ boats of 300 short tons carrying capacity The standards set forth herein are ing vessels. or less reaches 1,500 short tons, the in­ not applicable where standards are pre­ ***** cidental catch rate for those vessels of scribed under statutes other than the (c> Any master or other person in yellowfin tuna will revert to fifteen per­ Federal Claims Collection Act of 1966, cent (15% ) of yellowfin tuna taken as an charge of a fishing vessel which has de­ incident to fishing for those species listed for compromise or termination of col­ parted port after the date of the closure lection action, or waiver in whole or in of the yellowfin season may possess on in § 280.2(b) (3). A notice of reversion part of claims thereunder. which will apply to bait boats leaving board such vessel and land in any port port after a selected date will be pub­ § 530.23 Delegation of authority. or place yellowfin tuna as provided for lished in the F ederal R egister. in subparagraphs (1), (2), and (3) of The Head of the Procurement Activity this paragraph: Provided, That the Di­ (4) The short ton capacity of vessels shall collect, compromise, suspend, or rector by appropriate notice in the F ed­ shall be determined from tables prepared terminate claims and shall take all nec­ eral R egister may adjust the incidental by the Commission which relate carrying essary administrative action required catch rates provided for in subpara­ capacity to gross and/or net tonnage and under the Act and joint regulations ex­ graphs (1), (2), and (3) of this para­ from official records available to the Bu­ cept that no compromise of a claim shall graph to assure that the U.S. 4,000-ton reau of Commercial Fisheries. Managing be effected or collection action termi­ yellowfin allotment for vessels of 300 owners of purse seine vessels over 300 nated except upon prior approval of the short tons or less carrying capacity is not tons carrying capacity will be notified by Office of the General Counsel. registered mail that their vessel is in the underutilized and the fifteen percent large boat category and, therefore, that Dated: April 28, 1969. (15%) overall incidental catch is not exceeded. Any quantity of yellowfin tuna their incidental catch rate for yellowfin S. D illon R ipley, possessed or landed in excess of the tuna caught in the eastern Pacific reg­ Secretary. limitations provided for in subparagraphs ulatory area on trips begun after the {F.R. Doc. 69-5335; Filed, May 2, 1969; (1), (2), and (3) of this paragraph shall yellowfin closure will be fifteen percent 8:48 a.m.] be subject to seizure pursuant to section (15%). Managing owners not receiving 10(e) of the Tuna Conventions Act of the above notification by registered mail 1950, as amended (16 U.S.C. 959(e)). can assume their vessel is in the category (1) Fishing vessels of over 300 short of 300 tons or less of carrying capacity. Title 50— WILDLIFE AND tons carrying capacity may possess on Except that to qualify for the bait boat board and land in any port or place yellowfin allocation described in this FISHERIES yellowfin tuna taken as an incident to § 280.6(c) managing owners of bait fishing for those species listed in § 280.2 boats of 300 short tons carrying capacity Chapter II— Bureau of Commercial or less will, before the vessel departs on (b) (3), but in no event shall the yellow- its first trip after the yellowfin closure, Fisheries, Fish and Wildlife Service, fin tuna permitted to be possessed or supply the Regional Director documen­ Department of the Interior landed by such vessels exceed fifteen per­ cent (15%) by round weight when in­ tation concerning the gross and net ton­ SUBCHAPTER H— EASTERN PACIFIC TUNA cluded with those species listed in nage of their vessels together with rec­ FISHERIES ords of prior unloadings. This informa­ § 280.2(b) (3). tion, together with tables supplied by the PART 280— YELLOWFIN TUNA (2) Purse seiners of 300 short tons Commission which relate to gross and/or carrying capacity or less may possess on net tonnage and from official records Restrictions Applicable to Fishing board and land in any port or place available to the Bureau of Commercial Vessels yellowfin tuna taken as an incident to Fisheries will be used by the Regional Two notices of proposed rule making fishing for those species listed in § 280.2 Director to establish the carrying ca­ were published on March 14, 1969 (34 (b)(3), but in no event shall the yellow- pacity of each vessel. Failure to comply F.R. 5258) and March 29, 1969 (34 F.R. fin tuha so permitted to be possessed or will result in such vessels being limited to 5950) to amend Part 280, Title 50, Code landed by such vessel exceed thirty per­ a fifteen percent (15%) incidental catch of Federal Regulations, which are the cent (30%) by round weight when in­ of yellowfin tuna taken as an incident to regulations governing the Eastern Pacific cluded with those species listed in fishing for those species listed in § 280.2 yellowfin tuna fisheries. § 280.2(b) (3); except that those purse (b) (3). This incidental rate will remain seiners of 300 short tons capacity or less Interested persons were given the op­ in effect for such vessels until the above known as local wetfish boats that meet documentation is supplied and the ves­ portunity to participate through a public the following criteria, (i) do not possess hearing at San Diego on April 10, 1969, sels’ capacity determined. mechanical refrigeration aboard,

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7282 RULES AND REGULATIONS officers and physical science officers In standards be used. Official grading serv­ a need to make the revision effective on the Agency. Effective May 1,1969, § 213.- ice is provided under the Act upon re­ or before the beginning of the 1969 soy­ 3164 is revoked. quest of the applicant and payment of a bean harvest. Soybean harvesting in (S U.S.C. 3301, 3302, E.O. 10577, 3 OPR 1954- fee to cover the cost of the service. the United States usually begins in 1958 Comp., p. 218) Approximately 5,000 copies of the September. notice of proposed rule making were sent 2. Research findings and evaluation of U nited S tates Civil Serv­ to individuals, corporations, and associa­ marketing practices support the conclu­ ice Commission, tions interested in the production, mar­ sion that the presence of soybean kernels [seal] J ames C. S pry, keting, and use of soybeans. All inter­ damaged by stink-bug stings does not Executive Assistant to ested parties were given until February 3, adversely affect the economic value of the Commissioners. 1969, to submit written data, views, or the lot of soybeans as much as the pres­ [P.R. Doc. 69-5357; Piled, May 2, 1969; recommendations in connection with the ence of soybean kernels damaged by mold 8:50 a.m.] proposed amendments. Consideration or other causey. It is expected that part has been given to all comments received of the 1969 soybean crop, particularly in and to other information available to certain sections of the South, will be PART 213— EXCEPTED SERVICE the U.S. Department of Agriculture. damaged by stink-bug stings. These soy­ Department qf Health, Education, In response to the notice, 31 letters of beans will be discounted in-price below comment were received on the proposal. and Welfare their true value when marketed unless All of them were strongly in favor of the amendment becomes effective on or Section 213.3316 is amended to show adopting the change in the standards. before the beginning of the soybean that the position of Deputy Assistant The majority of the replies were from harvest and marketing season. Such price Secretary for Youth and Student Affairs grain dealers, although exporters, pro­ discounts will adversely affect country is excepted under Schedule C. Effective ducers, and other interested parties also shippers and producers. on publication in the F ederal R egister, expressed their views. In view of the com­ Accordingly, under the administrative subparagraph (4) is added to paragraph ments received and other information procedure provisions of 5 U.S.C. 553, it is (n) of § 213.3316 as set out below. available to the Department, it has been also found upon good cause that further determined that adoption is warranted § 213.3316 Department of Health, Ed­ notice and public participation in rule ucation, and Welfare. for the proposal that damaged kernels making on the amendment are un­ shall include “stink-bug-stung” kernels necessary. ***** and that, in grading soybeans, stink- (n) Office of the Assistant Secretary bug-stung” kernels shall be considered For a reasonable period after the effec­ for Community and Field Services. * * * as damaged kernels at the rate of one- tive date, grain inspectors will, upon re­ (4) One Deputy Assistant Secretaryfourth of the actual percentage of such quest, show on inspection certificates the for Youth and Student Affairs. stung kernels. For example, a sample grades under both the new and the old with 8 percent of stink-bug-stung ker­ standards. (5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR 1954r- nels and 2 percent of frost-damaged (Sec. 4, 39 Stat. 482, as amended by 82 Stat. 1958 Comp., p. 218) kernels would be considered to contain 762, 7 U.S.C.A. 76; 29 F.R. 16210, as amende^ U nited S tates Civil S erv­ a total of 4 percent of damaged kernels 33 P.R. 10750) ice Commission, (( i/4X8)+2=4). v Done at Washington, D.C., this 30th [seal] J ames C. S pry, In reviewing the proposed changes, it day of April 1969. Executive Assistant to was concluded that the provisions pro­ G. R. G range, the Commissioners. posed for § 26.602(b) would more appro­ Deputy Administrator, [P.R. Doc. 69-5356; Piled, May 2, 1969; priately be included in § 26.601 (k). This Marketing Services. 8:49 am.] change does not alter the effect of the amendment from that of the original [F.R. Doc. 69-5361; Filed, May 2, 1969; proposal. 8:50 aih.] Accordingly, § 26.601 (k) of the stand­ Title 7— AGRICULTURE ards is amended to read as follows : Chapter IX— Consumer and Market­ Chapter I— Consumer and Marketing § 26.601 Terms defined. ing Service (Marketing Agreements Service (Standards, Inspections, ♦ * * * * and Orders; Fruits, Vegetables, Marketing Practices), Department (k) Damaged kernels. Damaged ker­ Nuts), Department of Agriculture nels shall be soybeans and pieces of soy­ [Grapefruit Regulation 35, Amdt. 8 ] of Agriculture beans which are heat damaged, sprouted, PART 26— GRAIN STANDARDS frosted, badly ground damaged, badly PART 909— GRAPEFRUIT GROWN IN weather- damaged, moldy, diseased, THE STATE OF ARIZONA; IN IM­ Official Standards for Soybeans stink-bug stung, or otherwise materially PERIAL COUNTY, CALIF.; AND IN Pursuant to the administrative pro­ damaged. Stink-bug-stung kernels shall THAT PART OF RIVERSIDE COUNTY, cedure provisions of 5 U.S.C. section 553, be considered damaged kernels at the rate of one-fourth of the actual percent­ CALIF., SITUATED SOUTH AND EAST and the U.S. Grain Standards Act (7 OF WHITE WATER, CALIF. U.S.C. 71 et seq.), as amended by 82 age of the stung kernels. Stat. 761, a notice was published in the The U.S. Grain Standards Act, as Limitation of Shipments F ederal R egister (34F.R. 151) on Janu­ amended, provides that no changes in the Findings. (1) Pursuant to the market­ ary 4, 1969, regarding proposed amend­ standards shall become effective less than ments of §§ 26.601 (k) and 26.602(b) of ing agreement, as amended, and Order 1 year after promulgation thereof, unless No. 909, as amended (7 CFR Part 909), the Official Grain Standards of the in the judgment of the Secretary the regulating the handling of grapefruit United States for Soybeans (7 CFR public health, interest, or safety .requires grown in the State of Arizona; in Im­ 26.601 et seq.). that they become effective sooner. Statement of considerations. The U.S. It is hereby determined that the public perial County, Calif.; and in that part Grain Standards Act provides for of­ interest requires that the foregoing of Riverside County, Calif., situated ficial U.S. standards to designate the amendment shall become effective on south and east of White Water, Calif., September 1, 1969, for the following effective under the applicable provisions levels of quality of grain for use by pro­ reasons; ducers, merchandisers, and consumers of the Agricultural Marketing Agreement 1. It was stated in the notice of pro­Act of 1937, as amended (7 U.S.C. 601- in the trading of grain. If grain is de­ posed rule making that the changes, if scribed by grade in the course of its adopted, would be effective on or about 674), and upon the basis of the recom­ merchandising, it is mandatory that the September 1, 1969. The comments re­ mendations of the Administrative Com­ official grade designations under the U.S. ceived on the proposed revision expressed mittee (established under the aforesaid

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 RULES AND REGULATIONS 7283 amended marketing agreement and or­ included in this amount not more than Order No. 910, as amended (7 CFR Part der) , and upon other available informa­ the following percentages shall be 910), regulating the handling of lemons tion, it is hereby f ound that the limitation allowed for defects listed: grown in California and Arizona, effec­ of shipments of grapefruit, as hereinafter (a) 10 percent, by count, for defects tive under the applicable provisions of provided, will tend to effectuate the de­ other than serious damage caused by the Agricultural Marketing Agreement clared policy of the act. dryness or mushy condition, including Act of 1937, as amended (7 U.S.C. 601- (2) It is hereby further found that it therein not more than 5 percent, by 674), and upon the basis of the recom­ is impracticable and contrary to the count, for grapefruit having peel more mendations and information submitted public interest to give preliminary notice, than 1 inch in thickness at the stem by the Lemon Administrative Committee, engage in public rule-making procedure, end, measured from the flesh to the established under the said amended mar­ and postpone the effective date of this highest point of the peel; and, keting agreement and order, and upon amendment until 30 days after publica­ (b) 15 percent, by count, for serious other available information, it is hereby tion thereof in the F ederal R egister (5 damage caused by dryness or mushy con­ found that the limitation of handling of U.S.C. 553) because the time intervening dition, including therein not more than such lemons, as hereinafter provided, will between the date when information upon 5 percent, by count, for grapefruit hav­ tend to effectuate the declared policy of which this amendment is based became ing 40 percent or more of the pulp or the act. available and the time when this amend­ -edible portion of the grapefruit showing (2) It is hereby further found that it ment must become effective in order to evidence of dryness or mushy condition; is impracticable and contrary to the pub­ effectuate the declared policy of the act or lic interest to give preliminary notice, is insufficient, and a reasonable time is (ii) Any grapefruit which measure lessengage in public rule-making procedure, permitted, under the circumstances, for than 3 % inches in diameter, except that and postpone the effective date of this preparation for such effective date. The section until 30 days after publication Administrative Committee held an open a tolerance of 5 percent, by count, for grapefruit smaller than 311/ig inches shall hereof in the F ederal R egister (5 U.S.C. meeting on April 24, 1969, to consider be permitted, which tolerance shall be 553) because the time intervening be­ recommendation for regulation, after applied in accordance with the provisions tween the date when information upon giving due notice of such meeting, and for the application of tolerances specified which this section is based became avail­ interested persons were afforded an op­ in the revised U.S. Standards for able and the time when this section must portunity to submit their views at this Grapefruit (California and Arizona), become effective in order to effectuate the meeting; the recommendation and sup­ §§ 51.925-51.955 of this title: Provided, declared policy of the act is insufficient, porting information for regulation dur­ That in determining the percentage of and a reasonable time is permitted, under ing the period specified herein were grapefruit in any lot which are smaller the circumstances, for preparation for promptly submitted to the Department than 3!%6 inches in diameter, such per­ such effective time; and good cause exists after such meeting; necessary supple­ centage shall be based only on the grape­ for making the provisions hereof effec­ mental economic and statistical infor­ fruit in such lot which are of a size 4%6 tive as hereinafter set forth. The com­ mation upon which this recommended inches in diameter and smaller. mittee held an open meeting during the amendment is based were received on current week, after giving due notice April 25, 1969; information regarding (2) Subject to the requirements of sub- thereof to consider supply and market the provisions of the regulation recom­ paragraph (1) (i) of this paragraph, any conditions for lemons and the need for mended by the committee has been dis­ handler may, but only as the initial regulation; interested persons were af­ seminated to shippers of grapefruit, handler thereof, handle grapefruit forded an opportunity to submit infor­ grown as aforesaid; this amendment, in­ smaller than 31:*46 inches in diameter mation and views at this meeting; the cluding the effective time thereof, is directly to a destination in Zone 4, Zone recommendation and supporting infor­ identical with ’ the recommendation of 3, or Zone 2; and if the grapefruit is so mation for regulation during the period the committee; it is necessary, in order handled directly to Zone 2 the grapefruit specified herein were promptly submitted to effectuate the declared policy of the does not measure less than 3 tie inches in to the Department after such meeting act, to make this amendment effective diameter: Provided, That a tolerance of was held; the provisions of this section, on the date hereinafter set forth; and, 5 percent, by count, of grapefruit smaller including its effective time, are identical compliance with this amendment will than 3tie inches in diameter shall be with the aforesaid recommendation of not require any special preparation on permitted, which tolerance shall be ap­ the committee, and information concern­ the part of the persons subject thereto plied in accordance with the aforesaid ing such provisions and effective time has which cannot be completed on or before provisions for the application of toler­ ances and, in determining the percentage been disseminated among handlers of the effective date hereof. such lemons; it is necessary, in order to Order. In § 909.335 (Grapefruit Regu­ of grapefruit in any lot which are smaller lation 35; 33 F.R. 15295; 34 F.R. 810, and than 3tie inches in diameter, such per­ effectuate the declared, policy of the act, 34 F.R. 5907) the provisions of para­ centage shall be based only on the grape­ to make this section effective during the graph (a) are amended to read as fruit in such lot which are 31:K6 inches period herein specified; and compliance follows: in diameter and smaller. with this section will not require any * * * * * § 909.335 Grapefruit Regulation 35. special preparation on the part of per­ (Secs. 1-19, 48 Stat. 31, as amended; 7 TJ.S.C. sons subject hereto which cannot be (a) Order. (1) Except as otherwise601-674) provided in subparagraph (2) of this completed on or before the effective date paragraph, during the period May 4 Dated May 1,1969, to become effective hereof. Such committee meeting was through August 30, 1969, no handler May 4, 1969. held on April 29, 1969. shall handle from the State of Cali­ P aul A. N icholson, (b) Order. (1) The respective quanti­ fornia or the State of Arizona to any Deputy Director, Fruit and Veg­ ties of lemons grown in California and point outside thereof: etatile Division, Consumer and Marketing Service. Arizona which may be handled during (i) Any grapefruit which do not meet the period May 4, 1969, through May 10, the requirements of the U.S. No. 2 grade [F,R. Doc. 69-5429; Filed, May 2, 1969; which for purpose of this regulation shall 11:21 a.m.] 1969, are hereby fixed as follows: include the requirement that the grape­ (1) District 1: 4,650 cartons; fruit be free from peel that is more (ii) District 2: 255,750 cartons; [Lemon Reg. 372] than one inch in thickness at the stem (iii) District 3: Unlimited movement. end (measured from the flesh to the PART 910— LEMONS GROWN IN (2) As used in this section, “handled,” highest point of the peel): Provided, CALIFORNIA AND ARIZONA That in lieu of the 10 percent tolerance “District 1,” “District 2,” “District 3,” provided for the U.S. No. 2 grade, not Limitation of Handling and “carton” have the same meaning as more than a total tolerance of 20 per­ when used in the said amended market­ cent, by count, shall be allowed for grape­ § 910.672 Lemon Regulation 372. ing agreement and order. fruit which fail to meet the requirements (a) Findings. (1) Pursuant to the(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. of such grade: Provided further, That marketing agreement, as amended, and 601-674)

FEDERAL REGISTER, VOL 34, NO. 85— SATURDAY, MAY 3, 1969 No. 85- -3 7284 RULES AND REGULATIONS Dated: May 1, 1969. tuate the declared policy of the act. the committee, and information con­ (2) It is hereby further found that it cerning such provisions and effective F loyd F. H edlund, time has been disseminated among han­ Director, Fruit and Vegetable is impracticable and contrary to the pub­ lic interest to give preliminary notice, dlers of such Indian River grapefruit; it Division, Consumer and Mar­ is necessary, in order to effectuate the keting Service. engage in public rule-making procedure, and postpone the effective date of this declared policy of the act, to make this [P.R. Doc. 69-5389; Filed, May 2, 1969; section until 30 days after publication section effective during the period herein 8:50 a.m.] hereof in the F ederal R egister (5 U.S.C. specified; and compliance with this sec­ 553) because the time intervening be­ tion will not require any special prepara­ [Grapefruit Reg. 63] tween the date when information upon tion on the part of persons subject hereto which this section is based became which cannot be completed on or before PART 912— GRAPEFRUIT GROWN IN available and the time when this section the effective date hereof. Such com­ THE INDIAN RIVER DISTRICT IN must become effective in order to effectu­ mittee meeting was held on May 1, 1969. FLORIDA ate the declared policy of the act is in­ (b) Order. (1) The quantity of grape­ sufficient, and a reasonable time is per­ fruit grown in the Indian River District Limitation of Handling mitted, under the circumstances, for which may be handled during the period § 912.363 Grapefruit Regulation 63. preparation for such effective time; and May 5, 1969, through May 11, 1969, is good cause exists for making the pro­ hereby fixed at 225,000 standard packed (a) Findings. (1) Pursuant to the boxes, marketing agreement, as amended, and visions hereof effective as hereinafter set forth. The committee held an open (2) As used in this section, “handled,” Order No. 912, as amended (7 CFR Part meeting during the current week, after “Indian River District,” “grapefruit,” 912), regulating the handling of grape­ giving due notice thereof, to consider and “standard packed box” have the fruit grown in the Indian River District same meaning as when used in said in Florida, effective under the applicable supply and market conditions for Indian provisions of the Agricultural Marketing River grapefruit, and the need for regu­ amended marketing agreement and Agreement Act of 1937, as amended (7 lation; interested persons were afforded order. U.S.C. 601-674), and upon the basis of an opportunity to submit information (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. the recommendations and information and views at this meeting; the recom­ 601-674) submitted by the Indian River Grape­ mendation and supporting information Dated: May 2, 1969. fruit Committee, established under the for regulation during the period specified P aul A. N icholson, said amended marketing agreement and herein were promptly submitted to the Deputy Director, Fruit and order, and upon other available informa­ Department after such meeting was Vegetable Division, Consumer tion, it is hereby found that the limita­ held; the provisions of this section, in­ and Marketing Service. ^ tion of handling of such grapefruit, as cluding its effective time; are identical [F.R. Doc. 69-5430; Filed, May 2, 1969; hereinafter provided, will tend to effec- with the aforesaid recommendation of 11:21a.m.]

FEDERAI REGISTER, VO L 34, NO. 85— SATURDAY, MAY 3, 1969 7285 Proposed Rule Making

2. For articles valued from $1,000.01 to VI. Registration (39 CFR 242.3; 242.5 POST OFFICE DEPARTMENT $1,000,000, it is proposed to change the (a) (1)): It is proposed that the 75-cent [39 CFR Parts 161, 162, 163, 166, base rate from $2.00 to $2.05. The han­ fee for Postal Union registered mail and dling charge of 15 cents per $1,000 or parcel post registry be increased to 80 168, 242, 245 1 fraction over the first $1,000 would re­ cents. It is further proposed that the fee SPECIAL SERVICES; DOMESTIC AND main the same. for return receipt requested at time of INTERNATIONAL MAIL 3. For articles valued from mailing be increased from 13 cents to $1,000,000.01 to $15,000,000, it is pro­ 15 cents. Proposed Changes in Fees posed to change the base rate from VII. Special delivery (Express)—(39 Notice is hereby given of proposed rule $151.85 to $151.90. The handling charge CFR 245.3(a)): It is proposed that the making consisting of amendments to of 10 cents per $1,000 or fraction over special delivery fees for Postal Union §§ 161.2(a); 162.2(c); 163.1; 166.2(a); the first $1,000,000 would remain the mail be increased 15 cents for letters, 168.3; 242.3; 242.5(a)(1); and 245.3(a) same. letter packages, postcards, and airmal of Title 39, Code of Federal Regulations. d. It is proposed that the fee for re­ other articles, and 10 cents for surface It is proposed to increase the fees for the turn receipt requested at time of mailing other articles. special services provided for in the cited showing to whom and when delivered The amendments set out below would sections. The increases are designed to be increased from 10 cents to 15 cents. effectuate the proposed fee increases out­ e. It is proposed that the fee for C.O.D. lined above. improve the Department’s financial service used in conjunction with reg­ posture in the operation of those special istered mail be increased from 60 cents Interested persons who desire to do so services. It is further proposed to make to 70 cents. may submit written data, views, and the increased fees effective July 1, 1969. II. Insurance (39 CFR 162.2(c)): It is arguments concerning the proposed The proposed increases are as follows: proposed that the fee for return receipt amendments to the Director, Office of I. Registry fees (39 CFR 161.2(a)): requested at time of mailing showing to Postal Economics, Bureau of Finance and a. In the first six value categories (up whom and when delivered be increased Administration, Post Office Department, to $1,000) set out in the table an increase from 10 cents to 15 cents. Washington, D.C. 20260, at any time of 5 cents in each of the six fees is m . C.O.D. (39 CFR 163.1): It is pro­ prior to the 30th day following the date proposed. of publication of this notice in the F ed­ posed that C.O.D. fees be increased 10 eral R egister. Note: Item a above applies to articles cov­ cents; and that the fee for notice of non­ ered by commercial or other insurance, as delivery of a C.O.D. article be increased Accordingly, the following amend­ well as to articles not covered by such from 5 cents to 10 cents. ments to Title 39, Code of Federal Reg­ insurance. IV. Special delivery (39 CFR 166.2 ulations, are proposed to be adopted b. For articles not covered by com­ (a )): It is proposed that special delivery effective July 1,1969. mercial or other insurance: fees be increased 15 cents for first-class, 1. In the seventh through 10th value air, and priority mail, and 10 cents for all PART 161— REGISTRY categories ($1,000.01 to $5,000) in the other classes. In § 161.2 Fees and liability, para­ table an increase of 10 cents in each of V. Certified mail (39 CFR 168.3): It graph (a) would be amended to read as the four fees is proposed. is proposed that the fee for return receipt follows; 2. In the 11th, 12th, and 13th cate­ requested at time of mailing showing to gories ($5,000.01 to $8,000) in the table whom and when delivered would be in­ § 161.2 Fees and liability. an increase of 15 cents in each of the creased from 10 cents to 15 cents. (a) Fees. three fees is proposed. 3. In the 14th and 15th categories Fees (in addition to postage) ($8,000.01 to $10,000) in the table an Value increase of 20 cents in each of the two For articles not covered by commer­ For articles also covered by commer­ fees is proposed. cial or other insurance cial or other insurance 4. For articles valued from $10,000.01 $0.00 to $100...... $0.80 to $1,000,000, it is proposed to change the $100.01 to $200...... 1.06 base rate from $4.25 to $4.45. The han­ $200.01 to $400...... 1,30 $400.01 to $600____ 1.65 dling charge of 15 cents per $1,000 or $600.01 to $800...... 1.80 1.80 fraction over the first $10,000 would re­ $800.01 to $1,000...... 2.05 main the same. $1,000.01 to $2,000 .. $2,000.01 to $3,000...... $2.05 plus handling charge of 15 cents 5. For articles valued from $3,000.01 to $4,000...... per $1,000 or fraction over first $4,000.01 to $5,0000__ $1,000. $1,000,000.01 to $15,000,000, it is pro­ $5,000.01 to $6,000 _ ...... 3.40 posed to change the base rate from $6,000.01 to $7,000...... $7,000.01 to $8,000...... 3.90 $152.75 to $152.95. The handling charge $8,000.01 to $9,000___ of 10 cents per $1,000 or fraction over $9,'000.01 to $10,000...... 4.45 the first $1,000,000 would remain the $10,000 to $1,000,000...... same. per $1,000 or fraction over first c. For articles covered by commercial $10,000. or other insurance: $1,000,000.01 to $15,000,000... $151.90-plus handling charge of 10 1. For articles up to a valuation of cents per $1,000 or fraction over first $1,000,000. $1,000 the proposed fee increase would — first $1,000,000. be the same as for articles not covered Over $15,000,000...... Additional charges may be made based on considerations of weight, snace by commercial or other insurance (see and value. above).

FEDERAL REGISTER, VOf, 34, NO. 85— SATURDAY, MAY 3, 1969 7286 PROPOSED RULE MAKING

Additional Services Note: The corresponding Postal Manual Note: The corresponding Postal Manual Extra section is 166.21. section is 245.31. fee ***** * * * ' * * C.O.D. (Maximum amount collectible (5 U.S.C. 301, 39 U.S.C. 501, 505, 507) is $200)------$0. 70 Restricted Delivery------. 50 PART 168— CERTIFIED MAIL D avid A. N elson, Return Receipts: General Counsel. Requested at time of mailing: Section 168.3 Fees, would be amended Showing to whom and when de­ to read as follows: April 30,1969. livered ______• 15 [P.R. Doc. 69-5343; Piled, May 2, 1969; Showing to whom, when, and ad­ § 168.3 Fees. 8:45 a.m.] dressed where delivered------.35 Cents Requested after mailing: Pee in addition to postage------$0.30 Showing to whom and when de­ livered ______.25 Restricted delivery______.50 Return Receipts: DEPARTMENT OF Note: The corresponding Postal Manual Requested at time of mailing: section is 161.21. Showing to whom and when de­ ***** livered ------.15 TRANSPORTATION Showing to whom, when, and ad­ dress where delivered______.35 Federal Aviation Administration PART 162— INSURANCE Requested after mailing: [ 14 CFR Part 39 ] Showing to whom and when In § 162.2 Fees, paragraph (c) would delivered ______.25 [Airworthiness Docket No. 69—SW—26] be amended to read as follows: Note: The corresponding Postal Manual AIRWORTHINESS DIRECTIVES § 162.2 Fees. section is 168.3. ***** Bell Model 206A Helicopters (c) Return receipts. PART 242— REGISTRATION The Federal Aviation Administration is considering amending Part 39 of the (Not available for mail insured for $15 1. Section 242.3 Fees, w o u ld be or less) Federal Aviation Regulations by adding (1) Requested at time of mailing: amended to read as follows: an airworthiness directive applicable to v Fee § 242.3 Fees. Bell Model 206A Helicopters, S/N 4 Showing to whom and when de­ through S/N 153, equipped with magne­ livered ______— $0-15 For Postal Union mail, the fee is 80 sium tail booms. Fatigue cracks have Showing to whom, when, and ad­ cents. The same fee applies to parcel post. been found on seven magnesium tail dressed where delivered------.35 boom assemblies, P/N 206-031-004-1 and (2) Requested after mailing: See country items in the appendix of this Showing to whom and when de­ subchapter. (See § 272.2 of this chapter -3, on Bell Model 206A Helicopters, one livered ------.------• 25 of which extended approximately 180° for indemnity provisions.) around the tail boom cross section. De­ Note: The corresponding Postal Manual Note: The corresponding Postal Manual pending on location and severity of the section is 162.23. section is 242.3. crack, failure of the tail boom could oc­ 2. In § 242.5 Return receipts, para­ cur with resultant loss of control. Since PART 163— C.O.D. graph (a) (1) would be amended to read this condition is likely to exist or de­ velop in other helicopters of the same Section 163.1 Fees (in addition to as follows: type design that are equipped with mag­ postage), would be amended to read as § 242.5 Return receipts. nesium tail booms, the proposed air­ follows: (a) Requested at time of mailing. (1) worthiness directive would require a § 163.1 Fees (in addition to postage). Fee: 15 cents. If the mailer desires that daily visual inspection for tail boom Amount to be collected or C.O.D. cracks using a three-power or higher insurance coverage desired fee his return receipt be sent back by air­ magnifying glass and a 25-hour periodic $0.01 to $10—------$0. 70 mail, thé article must be prepaid an ad­ inspection for tail boom cracks using a $10.01 to $25------.80 ditional fee equal to the airmail postage three-power or higher magnifying glass $25.01 to $50______.90 on a single post card to the country of along with necessary, tail rotor balance. $50.01 to $100______1.00 destination. The proposed directive would also re­ $100.01 to $200______1.10 quire replacement of the magnesium tail Restricted delivery------• 50 Note: The corresponding Postal Manual Notice of nondelivery—------. 10 section is 242.511. boom whenever certain cracks are found Alteration of charges or delivery------. 35 and replacement, within specified limita­ * * * * * tions, of magnesium tail booms having Note: The corresponding Postal Manual or accumulating 500 hours’ time in serv­ section is 163.1. ice. A sufficient supply of aluminum tail PART 245— SPECIAL DELIVERY boom assembly replacements are avail­ PART 166— SPECIAL DELIVERY (EXPRESS) able from Bell Helicopter Co. In § 166.2 Payment for special de­ In § 245.3 Payment, paragraph (a) Interested persons are invited to par­ livery, paragraph (a) would be amended would be amended to read as follows: ticipate in the making of the proposed to read as follows: rule by submitting such written data, § 245.3 Payment. views, or arguments as they may desire. § 166.2 Payment for special delivery. (a) Fees. Communications should identify the (a) Special delivery fees. docket number and be submitted in Weight triplicate to the Regional Counsel, South­ Weight west Region, Federal Aviation Adminis­ More More Class of mail Not than 2 More tration, Post Office Box 1689, Fort Worth, Class of mail Not than 2 More more lbs. but than 10 Tex. 76161. All commiyiications received more lbs. but than 10 than 2 not more lbs.' than 2 not more lbs. lbs. than 10 on or before June 5, 1969, will be con­ lbs. than 10 lbs. sidered by the Director, before taking lbs. action upon the proposed rule. The pro­ Letters, letter packages, post posals contained in this notice may be First class, air, and priority cards, and airmail other _ ___ changed in the light of comments re­ mail.— ...... $0.45 $0.60 $0.75 articles..______...... $0.45 $0.60 $0.75 All other classes..______.65 . 75 . 90 Surface other articles. . . . ___.65 . 75 . 90 ceived. All comments will be available, both before and after the closing date

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 PROPOSED RULE MAKING 7287 for comments in the Office of the Re­ booms with less than 400 hours’ time in serv­ In consideration of the foregoing, the gional Counsel, Southwest Region, Fed­ ice on the effective date of this AD, prior to Federal Aviation Administration pro­ eral Aviation Administration, 4400 Blue accumulating 500 hours’ time in service. poses to amend Part 71 of the Federal (e) Remove and replace all subsequent re­Aviation Regulations as hereinafter set Mound Road, Fort Worth, Tex. placement magnesium tail booms prior to This amendment is proposed under the accumulating 500 hours’ time in service. forth: authority of sections 313(a), 601, and (Bell Helicopter Co. Service Bulletin No. In § 71.181 (34 F.R. 4637), the follow­ 603 of the Federal Aviation Act of 1958 206A-7 dated Aug. 22, 1968, pertains to this ing transition area is added: (49 U.S.C. 1354(a), 1421, 1423) and of subject.) Crookston, Min n . section 6(c) of the Department of Trans­ Issued in Fort Worth, Tex., on April 25, That airspace extending upward from 700 portation Act (49 U.S.C. 1655 (cH. feet above the surface within a 5-mile radius In consideration of the foregoing, it 1969. of Crookston Municipal Airport-Kirkwood is proposed to amend § 39.13 of Part 39 A. L. Coulter, Field (latitude 47°50'30" N„ longitude 96°- of the Federal Aviation Regulations by Actin Director, Southwest Region. 37'10" W.); and within 3 miles each side of adding the following new airworthiness [F.R. Doc. 69-5326; Filed, May 2, 1969; the 304° bearing from Crookston Municipal directive: 8:47 a.m.] Airport-Kirkwood Field, extending from the 5-mile radius area to 8 miles northwest of the Bell. Applies to Bell Model 206A Helicopters, airport, and that airspace extending upward Serial Nos. 4 through 153, equipped with [ 14 CFR Part 71 1 from 1,200 feet above the surface within 5 the magnesium tail boom assembly, Part miles each side of the 124° bearing from No. 206-031-004-1 or -3. [Airspace Docket No. 69-CE-9] Crookston Municipal Airport-Kirkwood Field, Compliance required as indicated. extending from the airport to 12 miles south­ To prevent failure of the magnesium tail TRANSITION AREA east of the airport; and within 8 miles south­ bootm due to fatigue cracks, accomplish the Proposed Designation west of the 124° and 304° bearings from following: Crookston Municipal Airport-Kirkwood Field, (a) Before the first flight of each day The Federal Aviation Administration extending from 2 miles northwest to 6 miles after the effective date of this AD: is considering amending Part 71 of the southeast of the airport, excluding the por­ (1) Remove the tail rotor drive shaft Federal Aviation Regulations so as to tion which overlies the Grand Forks, N. Dak. cover. 1,200-foot floor transition area. (2) Inspect the skin adjacent to the rivet designate a transition area at Crookston, holes for cracks in the following areas, using Minn. This amendment is proposed under the a three-power or higher magnifying glass: Interested persons may participate in authority of section 307(a) of the Fed­ (i) The tab attachment of the drive shaft the proposed rule making by submitting eral Aviation Act of 1958 (49 U.S.C. cover to the tail boom. (ii) The area adjacent to the rivnut attach­ such written data, views, or arguments 1348), and of section 6(c) of the Depart­ ment of the tail rotor gear box fairing to the as they may desire. Communications ment of Transportation Act (49 U.S.C. tail boom. should be submitted in triplicate to the 1655(c)). (iii) The horizontal stabilizer attachment Director, Central Region, Attention: Issued at Kansas City, Mo., on April 21, fittings. Chief, Air Traffic Division, Federal Avia­ (3) Repair tail booms with only one skin 1969. tion Administration, Federal Building, D aniel E. B arrow, crack less than one inch in length if the 601 East 12th Street, Kansas City, Mo. crack is located in an area described in Acting Director, Central Region. (a) (2) (ii) or (iii) above, by stop drilling 64106. All communications received within 45 days after publication of this [F.R. Doc. 69-5327; Filed, May 2, 1969; and deburring the holes. 8:47 a.m.] (4) Remove and replace tail booms with notice in the F ederal R egister will be any other skin crack, in accordance with considered before action is taken on the Paragraphs 8-37 through 8-47 of the Model proposed amendment. No public hearing I 14 CFR Part 71 ] 206A Maintenance and Overhaul Instructions. is contemplated at this time, but ar­ (b) Within 25 hours’ time in service after rangements for informal conferences [Airspace Docket 69-EA-28] the effective date of this AD and thereafter at intervals not to exceed 25 hours’ time in with Federal Aviation Administration of­ TRANSITION AREA service from the last inspection: ficials may be made by contacting the (1) Remove the tail rotor drive shaft cover Regional Air Traffic Division Chief. Any Proposed Alteration and the gear box fairing. data, views, or arguments presented dur­ (2) Inspect the skin adjacent to the rivet ing such conferences must also be sub­ The Federal Aviation Administration is holes for cracks in the following areas, using mitted in writing in accordance with proposing to amend § 71.181 of Part 71 of a three-power or higher magnifying glass: this notice in order to become part of the Federal Aviation Regulations so as (i) The tab attachment of the drive shaft the record for consideration. The pro­ to alter the Cambridge, Md., transition cover to the tail boom. posal contained in this notice may be area (34 F.R. 4658). (ii) The rivnut attachments of the tail A new VOR instrument approach pro­ rotor gear box fairing to the tail boom. changed in the light of comments received. cedure has been authorized for Cam­ (iii) The horizontal stabalizer attachment bridge Municipal Airport, Cambridge, fittings. A public docket will be available for Md., predicated on the Salisbury, Md., (3) Repair tail booms with only one skin examination by interested persons in the VORTAC and will require alteration crack less than 1 inch in length if the Office of the Regional Counsel, Federal crack is located in an area described in Aviation Administration, Federal Build­ of the Cambridge, Md., transition area (b) (2) (ii) or (iii) above, by stop drilling ing, 601 East 12th Street, Kansas City, to provide airspace protection for air­ and deburring the holes. Mo. 64106. craft executing this procedure. (4) Remove and replace tail booms with Interested persons may submit such any other skin crack, in accordance with A new public use instrument approach written data or views as they may desire. Paragraphs 8-37 through 8-47 of the Model procedure has been developed for Crook­ Communications should be submitted in 206A Maintenance and Overhaul Instructions, ston Municipal Airport-Kirkwood Field triplicate to the Director, Eastern Region, before further flight. at Crookston, Minn., using a state-owned Attention: Chief, Air Traffic Division, (5) Inspect tail rotor balance and balance, radio beacon as a navigational aid. Con­ Department of Transportation, Federal if necessary, in accordance with Paragraph sequently, it is necessary to provide con­ 2A on Page 2 of Bell Service Bulletin No. trolled airspace protection for aircraft Aviation Administration, Federal Build­ 206A-7 dated August 22, 1968, or later FAA- ing, John F. Kennedy International Air­ executing this new approach procedure port, Jamaica, N.Y. 11430. All communi­ approved revision or in accordance with an by designating a transition area at equivalent procedure approved by the Crookston, Minn. This procedure will be­ cations received within 30 days after Chief, Engineering and Manufacturing publication in the F ederal R egister will Branch, Plight Standards Division, Southwest come effective concurrently with the be considered before action is taken on Region, Federal Aviation Administration. designation of the transition area. The the proposed amendment. No hearing is (c) Remove and replace magnesium tail Minneapolis ARTC Center through the booms with 400 or more hours* time in service Grand Forks, N,JDak., Flight Service Sta­ contemplated at this time, but arrange­ on the effective date of this AD within 100 tion will control IFR traffic into and out ments may be made for informal con­ hours’ time in service therefrom. . of Crookston Municipal Airport-Kirk­ ferences with Federal Aviation Admin­ (d) Remove and replace magnesium tail wood Field. istration officials by contacting the Chief,

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7288 PROPOSED RULE MAKING Airspace and Standards Branch, Eastern on the proposed amendment. No hearing [ 14 CFR Part 71 3 Region. is contemplated at this time, but ar­ [Airspace Docket No. 69-EA-33] Any data or views presented during rangements may be made for informal such conferences must also be submitted conferences with Federal Aviation Ad­ TRANSITION AREA in writing in accordance with this notice ministration officials by contacting the in order to become part of the record for Chief, Airspace and Standards Branch« Proposed Designation consideration. The proposal contained in Eastern Region. The Federal Aviation Administration this notice may be changed in the light Any data or views presented during is considering amending § 71.181 of Part of comments received. such conferences must also be submitted 71 of the Federal Aviation Regulations The official docket will be available for in writing in accordance with this no­ so as to designate a part-time 700-foot examination by interested persons at the tice in order to become part of the rec­ transition area over Errol Airport, Errol, Office of Regional Counsel, Federal Avia­ ord for consideration. The proposal con­ N.H. tion Administration, Federal Building, tained in this notice may be changed A new VOR-1 instrument approach John F. Kennedy International Airport, in the light of comments received. procedure has been developed for Errol Jamaica, N.Y. The official docket will be available for Airport, Errol, N.H., predicated on the The Federal Aviation Administration, examination by interested persons at the Berlin, N.H., non-Federal very high fre­ having completed a review of the air­ Office of Regional Counsel, Federal Avia­ quency omni-directional range. This pro­ space requirements for the terminal area tion Administration, Federal Building, cedure will require designation of a part- of Cambridge, Md., proposes the airspace John F. Kennedy International Airport, time 700-foot transition area to provide action hereinafter set forth: Jamaica, N.Y. airspace protection for aircraft execut­ Amend § 71.181 of Part 71 of the Fed­ The Federal Aviation Administration, ing this procedure. eral Aviation Regulations so as to delete having completed a review of the air­ Interested persons may submit such in the description of the Cambridge, Md., space requirements for the terminal area written data or views as they may desire. transition area, the last period and add of Lewisburg, W. Va., proposes the air­ Communications should be submitted in the following: “and within 2 miles each space action hereinafter set forth: triplicate to the Director, Eastern side of the Salisbury, Md. VORTAC 295° 1. Amend § 71.181 of Part 71 of the Region, Attention: Chief, Air Traffic Di­ radial, extending from the 5-mile radius Federal Aviation Regulations so as to vision, Department of Transportation, area to 25 miles northwest of the designate a Lewisburg, W. Va., transi­ Federal Aviation Administration, Federal VORTAC.” tion area described as follows: Building, John F. Kennedy International This amendment is proposed under Lewisbtjeg, W. Va. Airport, Jamaica, N.Y. 11430. All com­ munications received within 30 days section 307(a) of the Federal Aviation That airspace extending upward from 700 F ederal R egis­ Act of 1958 (72 Stat. 749; 49 U.S.C. 1348), feet above the surface within a 7-mile radius after publication in the and section 6(c) of the Department of of the center 37°51'35'' N„ 80°23'55" W. of ter will be considered before action is Transportation Act (49 U.S.C. 1655(c)). Greenbrier Valley Airport, Lewisburg, W. Va.; taken on the proposed amendment. No within 2 miles each side of the Runway 22 hearing is contemplated at this time, Issued in Jamaica, N.Y., on April 23, centerline, extended from the 7-mile radius but arrangements may be made for in­ 1969. area to 8 miles southwest of the end of the formal conferences with Federal Avia­ Wayne H endershot, runway; within 2 miles each side of the Run­ tion Administration officials by contact­ Acting Director, Eastern Region. way 4 centerline, extended from the 7-mile radius area to 15.5 miles northeast of the end ing the Chief, Airspace and Standards [F.R. Doc. 69-5328; Filed, May 2, 1969; of the runway; within 2 miles each side of Branch, Eastern Region. 8:47 a.m.] the White Sulphur Springs, W. Va. VOR 321 • Any data or views presented during radial, extending from the 7-mile radius area such conferences must also be submitted to the VOR; and within 2 miles each side in writing in accordance with this notice [ 14 CFR Part 71 1 of a 208° bearing from the Lewisburg, W. Va., in order to become part of the record [Airspace Docket 69-EA-38] RBN (37°51'39" N., 80°24'02" W.), extend­ for consideration. The proposal con­ ing from the 7-mile radius area to 8 miles tained in this notice may be changed in TRANSITION AREA southwest of the RBN. the light of comments received. Proposed Designation and Alteration 2. Amend § 71.181 of Part 71 of the The official docket will be available for Federal Aviation Regulations so as to examination by interested persons at the The Federal Aviation Administration alter the White Sulphur Springs, W. Va., Office of Regional Counsel, Federal Avia­ Is considering amending § 71.181 of Part transition area by deleting the descrip­ tion Administration, Federal Building, 71 of the Federal Aviation Regulations tion of the area and inserting in lieu John F. Kennedy International Airport, so as to alter the White Sulphur Springs, thereof: Jamaica, N.Y. W. Va„ transition area (34 F.R. 4784), The Federal Aviation Administration, and designate a 700-foot transition area That airspace extending upward from 700 having completed a review of the air­ over Greenbrier Valley Airport, Lewis- feet above the surface within a 7-mile radius space requirements for the terminal area burg, W. Va. of the center 37°47'00" N., 80°20'00" W. of of Errol, N.H., proposes the airspace ac­ The VOR-1 instrument approach pro­ Greenbrier Airport, White Surphur Springs, tion hereinafter set forth: cedure authorized for Greenbrier Valley W. Va., and within 2 mUes each side of the Amend § 71.181 of Part 71 of the Fed­ Airport, Lewisburg, W. Va., and a new "White Sulphur Springs, W. Va., VOR 115° eral Aviation Regulations so as to desig­ NDB (ADF) RWY 4 instrument ap­ radial extending from the 7-mile radius area nate a part-time Errol, N.H., transition proach procedure developed for that air­ to 8 miles southeast of the VOR, excluding area described.as follows: port requires the designation of a full the portion that coincides with the Lewis­ Ekbol, NJL time 700-foot Lewisburg, W. Va., transi­ burg, W. Va., transition area. This transition That airspace extending upward from 700 tion area to provide airspace protection area shall be effective from sunrise to sun­ feet above the surface within a 5-mile radius for aircraft executing the arrival and set daily. of the center (44°47'25" N., 71°09'30" W.) departure procedures. of Errol Airport, Errol, N.H., and within 2 Interested persons may submit such This amendment is proposed under miles each side of the Berlin, N.H., VOR written data or views as they may desire. section 307(a) of the Federal Aviatidn (44°38'05'' N., 71°11'12" W.) 006° radial Communications should be submitted in Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) extending from the 5-mile radius area to the triplicate to the Director, Eastern Re­ VOR, excluding the portion that coincides and section 6(c) of the Department of with the Berlin, N.H., 700-foot transition gion, Attention: Chief, Air Traffic Divi­ Transportation Act (49 U.S.C. 1655(c)). area. This transition area is effective from sion, Department of Transportation, sunrise to sunset, daily. Federal Aviation Administration, Federal Issued In Jamaica, N.Y., on April 23, Building, John F. Kennedy International 1969. This amendment is proposed under Airport, Jamaica, N.Y. 11430. All com­ W ayne H endershot, section 307(a) of the Federal Aviation munications received within 30 days Acting Director, Eastern Region. Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) after publication in the F ederal R egister [F.R. Doc. 69-5329; Filed, May 2, 1969; and section 6(c) of the Department of will be considered before action is taken 8:47 a.m.] Transportation Act (49 U.S.C. 1655(c)).

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 PROPOSED RULE MAKING 7289 Issued in Jamaica, N.Y., on April 23, evaluated in conjunction with Dockets 1. The Chief, Safety and Special Radio 1969. Nos. FRA-PB-1 and PB-3. That request Services Bureau, acting under delegated W ayne H endershot, is hereby granted and the time for filing authority, has under consideration a re­ Acting Director, Eastern Region. of comments on Docket No. FRA-PB-2 quest filed by the National Marine Elec­ [F.R. Doc. 69-5330; Filed, May 2, 1969; is hereby extended to July 11, 1969. The tronics Association Inc. (NMEA), for 8:48 am.] oral hearing set for May 26,1969, is here­ extension of time for filing comments in by postponed to be rescheduled at a later the above-entitled proceeding. The pre­ time. scribed time for filing comments expired Federal Railroad Administration Issued in Washington, D.C., on April 29, on April 21, 1969, and reply comments on May 1, 1969. The petitioner has re­ [ 49 CFR Part 232 1 1969. R. N. W hitman, quested that the prescribed time be ex­ [Docket No. FRA-PB-2] Administrator, tended fora period of 30 days. Federal Railroad Administration. 2. In support of its request, NMEA POWER OR* TRAIN BRAKE SAFETY states that the additional time is required APPLIANCE ACT OF 1958 [F.R. Doc. 69-5332; Filed, May 2, 1969; in order to allow the NMEA officers and 8:48 a.m.] members to meet and discuss the issues Extension of Time for Filing of Com­ at their April 21, 1969, meeting in Cleve­ ments and Postponement of Hearing land, Ohio. By notice published in the F ederal 3. It appears that the additional time R egister on February 11, 1969 (34 F.R. FEDERAL COMMUNICATIONS requested by NMEA would not unduly 1958), the Federal Railroad Administra­ delay action and the comments would tion announced that it was proposing to COMMISSION be useful to the Commission in resolv­ amend section 232.11 by adding two new ing the issues in this proceeding. paragraphs (e) and (f), thereto. Sub­ [ 47 CFR Parts 81, 83 1 4. In view of. the foregoing: It is sequently, by notice published in the [Docket No. 18480] ordered, This 25th day of April 1969, pur­ Federal R egister on March 18, 1969 (34 suant to § 0.331(b) (4) and 1.46 of the F.R. 5336), the time to file comments MARITIME MOBILE SERVICE Commission’s rules, that the time for with respect to the proposal was extended Conformity of Certain Coast and/or filing comments in the above-captioned to May .44,1969, and the oral hearing was Ship Stations to Frequency Toler­ proceeding is extended from April 21, rescheduled for May 26, 1969. That no­ tice al?o extended the time for comments ance, Power Limitations and Low- 1969, to May 21, 1969, and the time for on Docket No. FRA-PB-1 to July 11,1969, Pass Filter Requirements; Order Ex­ filing reply comment is extended from and postponed the hearing thereon until tending Time for Filing Comments May 1,1969, to June 2,1969. further notice. In addition, that notice In the matter of amendment of Parts Adopted: April 25,1969. intiated a new rule making (Docket No. 81 and 83 to require, in the maritime mo­ Released : April 29,1969. FRAi-PB-3) to develop a general revision bile service band 156-162 Mc/s, that coast of Pprt 232. The time for filing comments and/or ship stations using transmitters F ederal Communications the^on was also set at July 11, 1969. first installed after January 1, 1970, con­ Commission, We have now been requested by the form to the frequency tolerance, power [seal] J. E. B arr, Association of American Railroads to limitations and low-pass filter require­ Chief, Safety and Special grant a further extension of time with ments set forth in §§81.131, 81.142(i), Radio Services Bureau. respect to Docket No. FRA-PB-2, so that 83.131(c), 83.134(f), and 83.137(g) as [F.R. Doc. 69-5347; Filed, May 2, 1969; the significance of the proposal could be amended; Docket No. 18480. 8:49 a.m.]

V Î

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7290 Notices

Containing 160 acres in San Bernar­ 4. Subject to valid existing rights, the dino County, Calif. provisions of existing withdrawals, and DEPARTMENT OF THE INTERIOR the requirements of applicable law, the W alter F. H olmes, Bureau of Land Management Assistant Land Office Manager. lands will at 10 a.m. on June 2, 1969 be [R 2230] opened to application, petition and selec­ [F.R. Doc. 69-5333; Filed, May 2, 1969; tion. All valid applications received at CALIFORNIA 8:48 a.m.] or prior to 10 a.m. on June 2, 1969 shall Notice of Proposed Withdrawal be considered as simultaneously filed at [U—1559, U—2672, U-2809, U-7115, U-7546] that time. Those received thereafter and Reservation of Lands shall be considered in the order of filing. April 25, 1969. UTAH 5. Inquiries concerning these lands The Forest Service, U.S. Department Order Opening Lands to Application, should be addressed to the Bureau of oi Agriculture, has filed an application, Entry, and Patenting Land Management, Post Office Box Serial No. R 2230, for the withdrawal of 11505, Salt Lake City, Utah 84111. April 25,1969. public domain lands to be set apart and R. D. Nielson, reserved as a part of the San Bernardino 1. In an exchange of lands made under State Director. National Forest for administration as a the provisions of section 8 of the Act of part of the national forest pursuant to June 28, 1934 (48 Stat. 1269), as [F.R. Doc. 69-5317; Filed, May 2, 1969; the provisions of the Act of July 9, 1962 amended (43 U.S.C. 315g), title to the 8:46 am.] (76 Stat. 140; 43 U.S.C. 315g-l). following described lands has been re­ The applicant desires the lands for conveyed to the United States: [U—7544] addition to the San Bernardino National Salt Lake Meridian Forest because they have important flood UTAH T. 11 N.,R. 5E„ erosion and flood prevention values. Sec. 3, lot 12; Order Opening Lands to Application, For a period of 30 days from the date Sec. 4, lots 1, 8, 9. Entry, and Patenting of publication of this notice, all persons T. 12 N., R. 6 E., April 25, 1969. who wish to submit comments, sugges­ sec. 2, wy2sw y4; tions, or objections in connection with Sec. 3,SEi4SEi/4; 1. In an exchange of lands made un­ the proposed withdrawal may present Sec. 10, E«4NE%; der the provisions of section 8 of the Act their views in writing to the undersigned Sec. 11, NWi4NW]4. E^NWy*. SW^NE%; of June 28, 1934 (48 Stat. 1269), as office of the Bureau of Land Manage­ Sec. 12, SW^NWyi. amended (43 U.S.C. 315g), title to the ment, 1414 University Avenue, Post Office T. 6 N., R. 9 W., following described land has been recon­ Box 723, Riverside, Calif. 92507. Sec. 16, lots 1, 2, 3, 4, 5, 6, Ny.NW}4, veyed to the United States: The Department’s regulations (43 CFR SW14NW14; 2311.1-3(0) provide that the authorized Sec. 32, all. Salt Lake Meridian T. 10 N., R. 17 W., T. 30 S., R. 2 W., officer of the Bureau of Land Manage­ Sec. 5, all; Sec. 26, Sy2SW]4; ment will undertake such investigations Sec. 7, all. sec. 35, wy2Nwy4. as are necessary to determine the exist­ T. 11 N.,R. 17 W., ing and potential demand for the lands Sec. 21, all; The area described contains 160 acres. and their resources. He will also under­ Sec. 31, aU; 2. The land is located in Piute County, take negotiations with the applicant Sec. 33, all. 3l/z miles northeast of Antimony. The agency with the view of adjusting the T. 6 S., R. 5 W., topography is level. The land is semiarid application to reduce the area to the Sec. 29, all; in character and is not suitable for farm­ minimum essential to meet the appli­ Sec. 31, all. ing. It has values for watershed, grazing, cant’s need, to provide for the maximum T. 7 S., R. 5 W., wildlife and recreation, which can best concurrent utilization of the lands for Sec. 6, lots 1, 2, 3, 4, 5, Sy2NEy4, SE^NW ^. be managed under the principles of mul­ purposes other than the applicant’s, and The lands described aggregate 6,268.60 to reach agreement on the concurrent tiple use. acres. 3. Subject to valid existing rights, the management of the lands and their 2. The lands are located in Rich, Box resources. Elder, and Tooele Counties. The topog­ provisions of existing withdrawals, and The authorized officer will also prepare raphy varies from flat to mountainous. the requirements of applicable law, the a report for consideration by the Secre­ The lands are semiarid in character and land will be at 10 a.m. on June 2,1969, be tary of the Interior who will determine are not suitable for farming. They have opened ta application, petition, and se­ whether or not the lands will be with­ values for watershed, grazing, wildlife lection, including location under the U.S. drawn as requested by the applicant and recreation, which can best be man­ agency. mining laws. All valid applications re­ aged under principles of multiple use. ceived at or prior to 10 a.m. on June 2, The determination of the Secretary on These lands are subject to the classifica­ the application will be published in the tions for multiple-use management for 1969, shall be considered as simultane­ F ederal R egister. A separate notice will Rich, Box Elder, and Tooele Counties, ously filed at that time. Those received be sent to each interested party of made under authority of the Act of Sep­ thereafter shall be considered in the or­ record. tember 19, 1964 (78 Stat. 986; 43 U.S.C. der of filing. If circumstances warrant, a public 4. Inquiries concerning the land should hearing will be held at a convenient 1411-18). They are not open to petition- time and place, which will be announced. application under the agricultural land be addressed to the Bureau of Land Man­ The lands involved in the application laws (43 U.S.C., Parts 7 and 9; 25 U.S.C. agement, Post Office Box 11505, Salt are: 334), nor to public sale under section Lake City, Utah 84111. San Bernardino Meridian, California 2455 of the Revised* Statutes (43 U.S.C. R. D. Nielson, SAN BERNARDINO NATIONAL FOREST 1171). State Director. 3. The United States did not acquire [F.R. Doc. 69-5318; Filed, May 2, 1969; T. 1 N., R. 2 W., 8:46 am.] Sec. 7, NW%. the mineral rights.

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7291

Bureau of Mines Services Administration, the Department of a commodity in which there is general of the Interior, and the Bureau of Mines. interest or by a significant change in DIRECTOR ET AL. This authority may be redelegated price or method of sale—an announce­ within the limitations of 205 DM 11.2 A, ment of the change will be sent to all Redelegation of Authority B, and C. persons currently receiving the list by Bureau of Mines delegations issued J ohn F. O’Leary, mail from Washington. To be put on this May 7, 1964 (29 F.R. 6093), and May 30, Director, Bureau of Mines. mailing list, address: Director, Commod­ 1967 (32 F.R. 7874), respectively, are [F.R. Doc. 69-5319; Filed, May 2, 1969; ity Operations Division, Agricultural revised to read as follows: 8:47 a.m.] Stabilization and Conservation Service, U.S. Department of Agriculture, Wash­ Part 205—B ureau of Mines G eneral ington, D.C. 20250. D elegations 3. Interest rates per annum under the 205.10.2 Abandonment or destruction. DEPARTMENT BF AGRICULTURE CCC Export Credit Sales Program (An­ The Director is authorized to exercise nouncement GSM-4) for May 1969 the authority delegated to the Secretary Commodity Credit Corporation are 6% percent for U.S. bank obligations in full compliance with Federal Property SALES OF CERTAIN COMMODITIES and 7% percent for foreign bank obli­ Management Regulations, Subpart 101- gations. Commodities now eligible for fi­ 47.5 to abandon, destroy, or donate to May Sales List nancing under the CCC Export Credit public bodies, real property with no com­ Notice to buyers. Pursuant to the policy Sales Program include oats, wheat, wheat mercial value, or real property the esti­ of Commodity Credit Corporation issued flour, barley, bulgur, com, commeal, mated cost of continued care and hap- October 12,1954 (19 F.R. 6669), and sub­ grain sorghum, upland and extra long dling of which would exceed the esti­ ject to the conditions stated therein as staple cotton, milled and brown rice, mated proceeds from its sales. This well as herein, the commodities listed tobacco, cottonseed oil, soybean oil, dairy authority is redelegated to the Assistant below are available for sale and, where products, tallow, lard, breeding cattle, Director—Administration. noted, for redemption of payment-in­ and rye. Upland cotton produced on “ex­ 205.10.8 Leases. The Director is au­ kind certificates on the price basis set port market acreage” is eligible for thorized to exercise the authority dele­ forth. financing. Commodities purchased from gated to the Secretary by Federal Prop­ 1. The U.S. Department of Agriculture CCC may be financed for export as erty Management Regulations §101- announced today the price at which private stocks under Announcement 18.000 and specifically § 101-18.106 with Commodity Credit Corporation (CCC) GSM-4. respect to acquisition by lease of space commodity holdings are available for Information on the CCC Export Credit in buildings and land located in the sale, beginning at 3 p.m., e.d.t., on Sales Program and on commodities avail­ United States and its territorial posses­ April 30, 1969, and, subject to amend­ able under Title I, Public Law 480, private sions: Provided, That the space is to be ment, continuing until superseded by the. trade agreements, and current informa­ used wholly or predominantly for the June Monthly Sales List. tion on interest rates and other phases special purposes of the Bureau and will of these programs may be obtained from not be generally suitable for the use of The following commodities are avail­ the Office of the General Sales Manager, other agencies; or that is required for able: Cotton (upland and extra long Export Marketing Service, U.S; De­ use incidental to and in conjunction with staple), wheat, corn, oats, barley, flax­ partment of Agriculture, Washington, space that will be used for such special seed, rye, rice, grain sorghum, peanuts, D.C. 20250. purposes; or that is to be acquired under tung oil, butter, cheese, and nonfat dry milk cottonseed meal. 4. The following commodities are cur­ a lease involving no rental or nominal rently available for new and existing consideration of $1 each year. This au­ Information on the availability of barter contracts: Oats, cotton (upland thority is redelegated to the Assistant commodities stored in CCC bin sites may and extra long staple), and tobacco. Director—Administration. be obtained from Agricultural Stabiliza­ In addition, private stocks of corn, 205.1 i.2 Negotiated purchases and tion and Conservation Service State grain sorghum, barley (other than malt­ contracts for property and services. The offices shown at the end of the sales list, ing barley), oats, wheat, and wheat authority to enter into negotiated con­ and for commodities stored at other loca­ flour, and milled and brown rice, un­ tracts under sections 302(c) (1) through tions from ASCS commodity and grain der Announcement PS-1, as amended; (10) and (13) through (15) of the Fed­ offices also shown at the end of the list. tobacco under Announcement PS-3; eral Property and Administrative Serv­ Com, oats, barley, or grain sorghum, cottonseed oil and soybean oil under ices Act of 1949, as amended: Provided, as determined by CCC, will be sold for Announcement PS-2; and upland and That any one contract negotiated under unrestricted use for “Dealers’ Certifi­ extra long staple cotton under An­ section 302(c)(1) shall not exceed cates” issued under the emergency live­ nouncement PS-4; are eligible for pro­ $25,000, is redelegated to: Assistant Di­ stock feed program. Grain delivered graming in connection with barter con­ rector—Administration. against such certificates will be sold at tracts covering procurement for Federal The authority to enter into negotiated the applicable current market price, de­ agencies that will reimburse CCC. (How­ contracts under sections 302(c) (1) termined by CCC. ever, Hard Red Winter 13 percent pro­ through (5) , (10), (13), and (14) of the 2. In the following listing of Commodi­ tein or higher, Hard Red Spring 14 per­ Federal Property and Administrative ties and sales prices or method of sales, cent protein or higher, Durum wheats, Services Act of 1949, as amended, in “unrestricted use” applies to sales which and flour produced from these wheats amounts not to exceed $100,000 for any permit either domestic or export use and may not be exported under barter one contract except that any one con­ “export” applies to sales which require through west coast ports.) Further in­ tract negotiated under section 302(c) (1) export only. CCC reserves the right to formation on private-stock commodities shall not exceed $25,000, is redelegated determine the class, grade, quality, and may be obtained from the Office of the to the following officials: available quantity of commodities listed Assistant Sales Manager, Barter, Export Associate Director—Health and Safety. for sale. Marketing Service, USDA, Washington, Assistant Director—Helium. The CCC Monthly Sales List, which D.C. 20250. Assistant Director—Mineral Resource Evalu­ varies from month to month as addi­ 5. The CCC will entertain offers from ation. tional commodities become available or Assistant Director—Minerals Research. responsible buyers for the purchase of Assistant Director—Planning. commodities formerly available are any commodity on the current list. Of­ dropped, is designed to aid in moving fers accepted by CCC will be subject to The authority delegated herein shall be CCC’s inventories into domestic or ex­ the terms and conditions prescribed by exercised in accordance with the Federal port use through regular commercial the Corporation. These terms include Property and Administrative Services channels. payment by cash or irrevocable letter of Act of 1949, as amended, and in accord­ If it becomes necessary during the credit before delivery of the commodity ance with applicable policies, procedures, month to amend this list in any material and the conditions require removal of and controls prescribed by the General way—such as by the removal or addition the commodity from CCC stocks within

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 No. 85------4 7292 NOTICES a reasonable period of time. Where sales Prospective buyers for export should 1961, as amended and supplemented) sub­ are for export, proof of exportation is note that generally, sales to UJ3. Gov­ ject to the following: (1) All classes will be sold subject to offers also required, and the buyer is respon­ ernment agencies, with only minor which Include the price at which the buyer sible for obtaining any required U5. exceptions, will constitute domestic un­ proposes to purchase the wheat. Government export permit or license. restricted use of the commodity. (2) All classes will be sold to fill dollar Purchase from CCC shall not constitute Commodity Credit Corporation re­ market sales abroad and exporter must show any assurance that any such permit or serves the right, before making any sales, export from the west coast to a destination license will be granted by the issuing to define or limit export areas. within the geographical limitation shown in authority. Exports to certain countries are regu­ A(2) above. Applicable announcements containing lated under the Export Control Act of C. CCC will not sell wheat under An­ nouncement GB-346 until further notice. all terms and conditions of sale will be 1949. These restrictions also apply to any Available. Chicago, Kansas City, Minne­ furnished upon request. For easy refer­ commodities purchased from the Com­ apolis, and Portland-ASCS offices. ence a number of these announcements modity Credit Corporation whether sold are identified by code number in follow­ for restricted or unrestricted use. Coun­ CORN, BULK ing list. Interested persons are invited tries and commodities are specifically Unrestricted use. to communicate with the Agricultural listed in the U,S. Department of Com­ A. Redemption of domestic payment-in­ Stabilization and Conservation Service, merce Comprehensive Export Schedule. kind certificates. Market price as determined USDA, Washington, D.C. 20250, with Additional information is available from by CCC, but not less than 115 percent of the applicable 1968 price-support loan rate* for respect to all commodities—for speci­ the Bureau of International Commerce the class, grade, and quality of the corn plus fied commodities—with the designated or from the field offices of the Depart­ the markup shown in C of this unrestricted ASCS commodity office. ment of Commerce. use section. 6. Commodity Credit Corporation re­ Sales Price or Method op Sale B. General sales. serves tiie right to amend from time to 1. Storable. Market price, as determined by time, any of its announcements. Such WHEAT, BULK CCC, but not less than the Agricultural Act amendments shall be applicable to and Unrestricted use. of 1949 formula minimum price for such sales be made a part of the sale contracts A. Storable. All classes of wheat in CCC which is 105 percent of the applicable 1968 thereafter entered into. inventory are available fen: sale at market price-support rate * (published loan rate plus CCC reserves the right to reject any price but not below 115 percent of the 1968 19 cents per bushel) for the class, grade, and price-support loan rate for the class, grade, quality of the corn, plus the markup shown or all offers placed with it for the pur­ and protein of the wheat plus the markup in C of this unrestricted use section. chase of commodities pursuant to such shown in C below applicable to the type of 2. Nonstorable. At not less than market announcements. carrier involved. price as determined by CCC. CCC reserves the right to refuse to B. Nonstorable. At not less than market C. Markups and examples (dollars per consider an offer, if CCC does not have price, as determined by CCC. bushel in-store1 basis No. 2 yellow com 14 adequate information of financial re­ C. Markups and examples (dollars per percent M.T. 2 percent F.M.). sponsibility of the offerer to meet bushel in-store) A contract obligations of the type con­ templated in this announcement. If a Markup Markup in­ Examples ln-store store prospective offerer is in doubt as to received by— whether CCC has adequate information Examples with respect to his financial responsibil­ Truck Bailor $0.14)3 Feed grain program domestic PIK ity, he should either submit a financial barge certificate minimums: statement to the office named in the invi­ McLean County, Di. ($1.09+$0.02)6) tation prior to making an offer, or com­ 115 percent +$0.14)6; (1.43J6. $0.17)6 (0.15 Minneapolis—No. 1 DNS ($1.56) 115 Agricultural Act of 1949; stat. mini- municate with such office to determine percent +$0.15; (1.95. mums: whether such a statement is desired in his Portland—No. 1 SW ((1.44) 115 per­ McLean County, HI. ($1.09+$0.02+i cent +(0.15; (1.81; +(0.19); 105 case. When satisfactory financial re­ Kansas City—No. 1 HRW ($1.44) 115 percent +$0.14)6; sponsibility has not been established, percent +(0.15; (1.81; $1.51)6. Chicago—No. 1 RW ($1.46) 115 per­ CCC reserves the right to consider an cent +(0.15; (1.83. Available. Chicago, Kansas City, Minne- offer only upon submission by offerer of apolls, and Portland ASCS grain offices. a certified or cashier’s check, a bid bond, Export. GRAIN SORGHUM, BULK or other security, acceptable to CCC, A. CCC will Bell limited quantities of Hard assuring that if the offer is accepted, Bed Winter and Hard Bed Spring wheat at Unrestricted use. the offerer will comply with any pro­ west coast ports at domestic market price A. Redemption of domestic payment-in­ visions of the contract with respect to levels for export under Announcement GB- kind certificates. Market price, as de­ payment for the commodity and the 345 (Bevision IV, Oct. 30, 1967, as amended) termined by CCC, but not less than 115 as follows: percent of the applicable 1968 price-support furnishing of performance bond or other loan rate* for the class, grade, and quality security acceptable to CCC. (1) Offers will be accepted subject to the of the grain sorghum, plus the markup Disposals and other handling of in­ purchasers’ furnishing the Portland ASCS shown in C of this unrestricted use section Branch Office with a Notice of Sale contain­ applicable to the type of carrier Involved. ventory items often result in small ing the same information (excluding the quantities at given locations or in qual­ payment or certificate acceptance number) as B. General sales. ities not up to specifications. These lots required by exporters who. wish to receive an 1. Storable. Market price, as determined by are offered by the appropriate ASCS export payment under GB-345. The Notice CCC, but not less than the Agricultural Act office promptly upon appearance and of Sale must be furnished to the Commodity of 1949 formula minimum price for such therefore, generally, they do not appear Office within 5 calendar days after the date of sales which is 105 percent of the applicable in the Monthly Sales list. purchase. V 1968 price-support rate * (published loan rate (2) Sales will be made only to fill dollar plus 34 cents per hundredweight) for the 7. On sales for which the buyer is re­ class, grade, and quality of the grain sor­ quired to submit proof to CCC of expor­ market sales abroad and exporter must show export from the west coast to a destination ghum, plus the markup shown in C of this tation, the buyer shall be regularly west of the 170th meridian, west longitude, unrestricted use section applicable to the engaged in the business of buying or and east of the 60th meridian, east longitude, type of carrier involved. selling commodities and for this purpose and to countries on the west coast of Central 2. Nonstorable. At not less than market shall maintain a bona fide business office and South America. Dollar sales shall mean price as determined by CCC. in the United States, its territories or sales for dollars and sales financed with CCC C. Markups and examples (dollars per hun­ possessions and have a person, principal, credit. dredweight in-store1 No. 2 or better). or resident agent upon whom service of B. CCC wUl Bell wheat for export under judicial process may be had. Announcement GB-261 (Bevision II, Jan. 9, See footnotes at end of document.

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7293

C OTTO If , UPLAND Markup ln-store Unrestricted use. received by— Examples Markup In- Example A. Competitive offers under the terms and store conditions of Announcement NO-C-32 (Sale Truck Rail or of Upland Cotton for Unrestricted Use), barge Under this announcement, upland cotton acquired under price-support programs will $0.24% $0.20% Feed grain program domestlo PIK $0.17% Redwood County, Minn. ($0.60+$0.03 be sold at the highest price offered but in no certificate mlnimums: quality differential); 115 percent event at less than the higher of (a) 110 per­ Hale County, Tex. ($1.63) 116 per­ +$0.17%; $0.90%. cent +$0.24%; $2.12%. cent of the 1968 loan rate for such cotton, Kansas City, Mo. ($1.81) 116 per­ or (b) the market price for such cotton, as cent +$0.20%; $2.29%. C. Nonstorable. At not less than the marketdetermined by CCC. Agricultural Act of 1949; stat. mlni­ mums: price as determined by CCC. B. Competitive offers under the terms and Hale County, Tex. ($1.63+$0.34); Export. conditions of Announcement NO-C-31 (Dis­ 105 percent +$0.24%; $2.31%. Sales are made at the higher of the position of Upland Cotton—In Redemption Kansas City, Mo. ($1.81+$0.34); domestic market price, as determined by of Payment-In-Kind Certificates or Rights in 105 percent +$0.20%; $2.46%. CCC, or 115 percent of the applicable 1968 Certificate Pools, In Redemption of Export price-support loan rate plus carrying charges Commodity Certificates, Against the “Short­ Export. in section B. The statutory minimum price fall,” and Under Barter Transactions), as Sales are made at the higher of the do­ referred to in the price adjustment provi­ amended. Cotton may be acquired at its cur­ mestic market price, as determined by CCC, sions of the following export sales announce­ rent market price, as determined by CCC, but or 115 percent of the applicable 1968 price- ments is 105 percent of the applicable price- not less than a minimum price determined support loan rate plus Carrying charges support rate plus the markup referred to in B by CCC, which will in no event be less than in section C. The statutory minimum price of the unrestricted use section for oats. Sales 120 points (1.2 cents) per pound above the referred to in the price adjustment provisions will be made pursuant to the following 1968 loan rate for such cotton. of the following export sales announcements announcement: Export. is 105 percent of the applicable price-support A. Announcement GR-212 (Revision 2, CCO disposals for barter. Competitive offers rate plus the markup referred to in C of the Jan. 9, 1961), for application to barter con­ under the terms and conditions of Announce­ unrestricted use section for grain sorghum. tracts and for cash or other designated sales. ments CN—EX—28 (Acquisition of Upland Cot­ Sales will be made pursuant to the following Available. Kansas City, Chicago, Minne­ ton for Export Under the Barter Program) announcement: apolis, and Portland ASCS grain offices. and NO-C-31, as amended, at the prices de­ A. Announcement GR-212 (Revision 2, scribed in the preceding paragraph B, Jan. 9, 1961) for cash or other designated RYE, BULK sales. COTTON, EXTRA LONG STAPLE Available. Kansas City, Chicago, Minne­ Unrestricted use. Unrestricted use. apolis, and Portland ASCS grain offices. A. Storable. Market price, as determined Competitive offers under the terms and by CCC, but not less than the Agricultural conditions of Announcement NO-C-6 (Re­ BARLEY, BULK Act of 1949vformula price which is 115 per­ vision 2) and Announcement NO-C-10 (Re­ Unrestricted use. cent* of the applicable 1968 price-support vised) . Under these announcements extra A. Storable. Market price, as determined by rate for the class, grade, and quality of the long staple cotton (domestically-grown) will CCC, but not less than 115 percent of the grain plus the markup shown in B below be sold at the highest price offered but in applicable 1968 price-support rate * for the applicable to the type of carrier involved. no event at less than the higher of (a) 115 class, grade, and quality of the barley plus B. Markups and examples (dollars per percent of the current loan rate for such the applicable markup. bushel in-store1 No. 2 or better). cotton plus reasonable carrying charges, or B. Markups and examples (dollars per (b) the market price as determined by CCC. bushel in-store1 No. 2 or better). Markup Export.. ln-store CCC Disposals for Barter. Competitive received by— Markup ln-store Examples offers under the terms and conditions of received by— Announcement CN-EX-29 (Acquisition of Examples Truck Rail or American-Egyptian Cotton for Export under barge Truck Bailor the Barter Program), as amended, and An­ • barge nouncement NO-C-6 (Revision 2), at not $0.17% $0.15 Agriculture Act of 1949 Statutory Min=_ less than the market price, as determined imum. by CCC. $0.17% $0.15 Cass County, N. Dak. ($0.86); 115 Rollete County, N.Dak.($0.89); 115 percent +$0.17%; $1.17%. percent +$0.17%; $1.20%. COTTON, UPLAND OR EXTRA LONG STAPLE Minneapolis, Minn. ($1.10); 115 per- Minneapolis, Minn: ($1.23); 115 per­ cent+$0.15; $1.42. cent +$0.15; $1.57. Unrestricted use. Competitive offers under the terms and conditions of Announcement NO-C-20 (Sale C. Nonstorable. At not less than market C. Nonstorable. At not less than marketof Special Condition Cotton). Any such cot­ price as determined by CCC. price as determined by CCC. . Export. ton (Below Grade, Sample Loose, Damaged Export. Pickings, etc.) owned by CCO will be offered Sales are made at the higher of the do­ Sales are made at the higher of the do­ for sale periodically on the basis of samples mestic market price, as determined by CCC, mestic market price, as determined by CCC, or 115 percent of the applicable 1968 price- representing the cotton according to sched­ or 115 percent of the applicable 1968 price- ules Issued from time to time by CCO. support loan rate plus carrying charges in support loan rate plus carrying charges Availability information. section B. The statutory minimum price re­ in section B. The statutory minimum price ferred to in the price adjustment provisions Sale of cotton will be made by the New referred to in the price adjustment provi­ Orleans ASCS Commodity Office. Sales an­ of the following export sales announcement sions of the following export sales announce­ is 105 percent of the applicable price-support nouncements, related forms and catalogs for ment is 105 percent of the applicable price- upland cotton and extra long staple cotton rate plus the markup referred to in B of the support rate plus the markup referred to in unrestricted use section for barley. Sales showing quantities, qualities, and location B of the unrestricted use section for rye. may be obtained for a nominal fee from that will be made pursuant to the following Sales will be made pursuant to the follow­ office. announcement: ing announcement: A. Announcement GR-212 (Revision 2, A. Announcement GR-212 (Revision 2, COTTONSEED MEAL, BULK OR SACKED Jan. 9, 1961) for cash or other designated Export: sales. Jan. 9, 1961) for cash or other designated sales. Competitive offers, but not less than $45 Available. Chicago, Kansas City, Minne­ per ton f.o.b. origin location under the terms apolis, and Portland grain offices. Available. Chicago, Kansas City, Portland, and Minneapolis ASCS grain offices. and conditions of Announcement NO-CS-7, OATS, BULK Sales will be made only for export to Far East RICE, ROUGH Unrestricted use. countries having ports on the Pacific Ocean Unrestricted use. or on a sea tributary thereto (including Aus­ A. Storable. Market price, as determined by tralia and New Zealand). CCC, but not less than 115 percent of the Market price but not less than 1968 loan Available. New Orleans Commodity Office. applicable 1968 price-support rates * for the rate plus 5 percent plus 41 cents per hun­ class, grade, and quality of the oats plus the dredweight, basis in store. PEANUTS, SHELLED OR FARMERS STOCK markup shown in B below. Available. Prices, quantities, and varieties Restricted use sales. B. Markup and example (dollars per of rough rice available from Kansas City bushel in-store1 Basis No. 2 XHWO). When stocks are available in their area of ASCS Commodity Office. responsibility, the quantity, type, and grade

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7294 NOTICES offered are announced In weekly lot lists NONFAT DRY M ILK COTTON OFFICE (ALL STATES) or invitations to bid issued by the following: Unrestricted use. New Orleans ASCS Commodity Office, Wirth GFA Peanut Association, Camilla, Ga. Announced prices, under MP-14: Spray Building, 120 Marais Street, New Orleans, Peanut Growers Cooperative Marketing As­ process, U.S. Extra Grade, 25.40 cents per La. 70112. Telephone: Area Code 504, sociation, Franklin, Va. pound packed in 100-pound bags and 25.65 527-7766. Southwestern Peanut Growers’ Association, cents per pound packed in 50-pound bags. Gorman, Tex. GENERAL SALES MANAGER OFFICES Terms and conditions of sale are set forth Export. Announced prices, under MP-23, pursuant Representative of General Sales Manager, in Announcement PR-1 of July 1, 1966, as New York Area: Joseph Reidinger, Federal amended, and the applicable lot list. to Invitations Issued by Minneapolis ASCS Commodity Office. Invitations will indicate Building, Room 1759, 26 Federal Plaza, 1. Shelled peanuts of less than UB. No. 1 the type of export sales authorized, the an­ New York, N.Y. 10007. Telephone: Area grade may be purchased for foreign or do­ nounced price and the period of time such Code 212, 264-8439, 8440, 8441. mestic crushing. price will be in effect. Representative of General SaleS Manager, 2. Farmers stock: Segregation 1 may be West Coast Area: Callan B. Duffy, Ap­ purchased and milled to produce U.S. No. 1 BUTTER praisers’ Building, Room 802, 630 San- or better grade shelled peanuts which may some Street, San Francisco, Calif. 94111. be exported. The balance of the kernels in­ Unrestricted use. Telephone: Area Code 415, 556-6185. cluding any graded peanuts not exported Announced prices, under MP-14: 75.25 must be crushed domestically. Segregation 2 cents per pound—New York, Pennsylvania, ASCS S t a t e O f f ic e s New Jersey, New England, and other States and 3 peanuts may be purchased for domestic Illinois, Room 232, UB. Post Office and Court­ crushing only. bordering the Atlantic Ocean and Gulf of Mexico. 74.5 cents per pound—Washington, house, Springfield, 111. 62701. Telephone: Sales are made on the basis of competitive Area Code 217, 525-4180. bids each Wednesday by the Producer Asso­ Oregon, and California. All other States 74.25 cents per pound. Indiana, Room 110, 311 West Washington ciations Division, Agricultural Stabilization Street, Indianapolis, Ind. 46204. Telephone: and Conservation Service, Washington, D.C. CHEDDAR CHEESE (STANDARD MOISTURE BASIS) Area Code 317, 633-8521. 20250, to which all bids must be sent. Unrestricted use. Iowa, Room 937, Federal Building, 210 Wal­ TtTNQ OIL Announced prices, under MP-14: 53.75 nut Street, Des Moines, Iowa 50309. Tele­ cents per pound—New York, Pennsylvania, phone: Area Code 515, 284-4213. Unrestricted use. Kansas, 2601 Anderson Avenue, Manhattan, Sales are made periodically on a competi­ New England, New Jersey, and other States bordering the Atlantic Ocean and Pacific Kans. 66502. Telephone: Area Code 913, tive bid basis. Bids are submitted to the JE 9-3531. Producer Association Division, Agricultural Ocean, and the Gulf of Mexico. All other States 52.75 cents per pound. Michigan, 1405 South Harrison Road, East Stabilization and Conservation Service, Lansing, Mich. 48823. Telephone: Area Washington, D.C. 20250. FOOTNOTES Code 517, 372-1910. The quantity offered and the date bids are Missouri, I.O.O.F. Building, 10th and Wal­ to be received are announced to the trade 1 The formula price delivery basis for bin- in notices of Invitations to Bid, Issued by the site sales will be f .o.b. nut Streets, Columbia, Mo. 65201. Tele­ * Round product up to the nearest cent. phone: Area Code 314, 442-3111. National Tung Oil Marketing Cooperative, Minnesota, Room 230, Federal Building and Inc., Poplarville, Miss. 39470. USDA A gricultural S tabilization a n d C o n ­ U.S. Courthouse, 316 Robert Street, St. Terms and conditions of sale are as set s e r v a t io n S e r v ic e O f f ic e s Paul, Minn. 55101. Telephone: Area Code forth in Announcement NTOM-PR-4 of GRAIN OFFICES 612, 725-7651. April 6, 1967, as amended, and the applica­ Montana, Post Office Box 670, U.SP.O. and ble Invitation to Bid. Kansas City ASCS Commodity Office, 8930 Federal Office Building, Bozeman, Mont. Bids will include, and be evaluated on the Ward Parkway (Post Office Box 205), 69715. Telephone: Area Code 406, 587-4511, basis of, price offered per pound f.o.b. storage Kansas City, Mo. 64141. Telephone: Ext. 8271. location. For certain destinations, CCC will Area Code 816, Emerson 1-0860. Nebraska, Post Office Box 793, 5801 O Street, as provided in the Announcement, as Alabama, Alaska, Arizona, Arkansas, Colo­ Lincoln, Nebr. 68501. Telephone: Area Code amended, refund to the buyer a “freight rado, Florida, Georgia, Hawaii, Kansas, 402, 475-3361. equalization” allowance. Louisiana, Mississippi, Missouri, Ne­ North Dakota, Post Office Box 2017, 15 South Copies of the Announcement or the Invi­ braska, Nevada, New Mexico, North Caro­ 21st Street, Fargo, N. Dak. 58103. Tele­ tation may be obtained from the Cooperative lina, Oklahoma, South Carolina, Ten­ nessee, Texas, and Wyoming (domestic phone: Area Code 701, 237-5205. or Producer Associations Division, ASCS, Ohio, Room 202, Old Federal Building, Co­ Telephone Washington, D.C., area code 202, and export). California (domestic only), Connecticut, Delaware, Illinois, Indiana, lumbus, Ohio 43215. Telephone: Area Code DU 8-3901. 614, 469-5644. FLAXSEED, BULK Iowa, Kentucky, Maine, Maryland, Mas­ sachusetts, Michigan, New Hampshire, South Dakota, Post Office Box 843, 239 Wis­ Unrestricted use. New Jersey, New York, Ohio, Pennsyl­ consin Street SW„ Huron, S. Dak. 57350. A. Storable. Market price, as determined by vania, Rhode Island, Virginia, Vermont, Telephone: Area Code 605, 352-8651, Ext. CCC, but not less than 105 percent of the and West Virginia (export only). 321 or 310. applicable 1968 price-support rate* for the Branch Office—Chicago ASCS Branch Office, Wisconsin, Post Office Box 4248, 4801 Ham* grade and quality of the flaxseed plus the ap­ 226 West Jackson Boulevard, Chicago, mersley Road, Madison, Wls. 53711. Tele­ plicable markup. 111. 60606. Telephone: Area Code 812, phone: Area Code 608, 254-4441, Ext. 7535. B. Markups and example (dollars per 353-6581. bushel in-store No. 1, 9J.—9.5 percent mois­ Connecticut, Delaware, Illinois, Indiana, (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.O. ture). Iowa, Kentucky, Maine, Maryland, Mas­ 714b. Interpret or apply sec. 407, 63 Stat. sachusetts, Michigan, New Hampshire, 1066; sec. 105, 63 Stat. 1061, as amended by 76 New Jersey, New York, Ohio, Pennsyl­ Stat. 612; secs. 303, 806, 807, 76 Stat. 614-617; Markup per T Ufl.0 .1441 (note)) bushel re- vania, Rhode Island, Virginia, Vermont, ceived by— Example of minimum prices— and West Virginia (domestic only). terminal and price Signed at Washington, D.C., on Branch Office—Minneapolis ASCS Branch April 30, 1969. Truck Bailor Office, 310 Grain Exchange Building, barge Minneapolis, Minn. 55415. Telephone: K enneth E. F rick, Area Code 612, 725—2051. Minnesota, Montana, North Dakota, South Executive Vice President, $0. WA $0.12Ji Minneapolis, Minn; ($3.16) 105 per­ Commodity Credit Corporation. cent + I0.12K; $3.4434. Dakota, and Wisconsin (domestic and export). [F.R. Doc. 69-5360; Filed, May 2, 1969; Branch Office—Portland ASCS Branch Office, 8:50 a.m.] C. Nonstorable. At not less than domestic 1218 Southwest Washington Street, market price as determined by CCC. Portland, Oreg. 97205. Telephone: Area Available. Through the Minneapolis ASCS Code 503, 226-8361. Branch Office. Idaho, Oregon, Utah, and Washington COTTON D a ir y P r o d u c t s (domestic and export sales), California (export sales only). Notice of Acquisition of 1968 Crop Sales are in carlots only in-store at stor­ Loan age location of products. PROCESSED COMMODITIES OFFICE (ALL STATES) Submission of offers. Minneapolis ASCS Commodity Office, 6400 All outstanding loans on cotton under Submit offers to the Minneapolis ASCS France Avenue South, Minneapolis, Minn. Commodity Credit Corporation’s 1968 Commodity Office. 55435. Telephone: Area Code 612, 725-8200. Cotton Loan Program mature on July 31,

FEDERAI REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7295 1969, unless Commodity Credit Corpora­ A copy of the record pertaining to this States. Such comments must be filed in tion makes demand for payment at an decision is available for public review triplicate with the Director, Scientific In­ earlier date. Notice is hereby given that during ordinary business hours of the strument Evaluation Division, Business if the borrower or a purchaser of his Department of Commerce, at the Scien­ and Defense Services Administration, equity does not redeem the cotton se­ tific Instrument Evaluation Division, Washington, D.C. 20230, within 20 calen­ curing any such outstanding loan before Department of Commerce, Washington, dar days after date on which this notice the close of business on July 31,1969, and D.C. of application is published in the F ed­ if Commodity Credit Corporation has not Docket No. 69-00260-01-07520. Appli­ eral R egister. made demand for payment at an earlier cant: The Johns Hopkins School of Med­ Regulations issued under cited Act, date, Commodity Credit Corporation icine, 725 North Wolfe Street, Baltimore, published in the February 4, 1967, issue will, pursuant to the provisions of the Md. 21205. Article: Batch microcalo­ of the F ederal R egister, prescribe the loan agreement covering such loan, ac­ rimeter, Model LKB 10700-2B. Manufac­ requirements applicable to comments. quire title to such cotton at the close of turer: t.tcr Produkter AB, Sweden. A copy of each application is on file, business on July 31,1969, and title there­ Intended use of article: The article will and may be examined during ordinary to shall, without a sale thereof, vest in be used to measure the heats of various Commerce Department business hours Commodity Credit Corporation at such protein reactions such as conformational at the Scientific Instrument Evaluation time: Provided, That Commodity Credit changes and substrate binding. In addi­ Division, Department of Commerce, Corporation will not acquire title to any tion to these protein studies similar Washington, D.C. cotton for which repayment has been studies of nucleic acids and lipid systems A copy of each comment filed with the mailed to the ASCS county office by letter are also being considered. The necessity Director of the Scientific Instrument postmarked (not patron postage meter to measure small quantities of heats pre­ Evaluation Division must also be mailed date stamped) not later than July ,31, cisely in the reactions just mentioned or delivered to the applicant, or its au­ 1969. As provided in the loan agreement, using small quantities of material re­ thorized agent, if any, to whose applica­ Commodity Credit Corporation will not quire a microcaJorimeter of very high tion the comment pertains; and the com­ pay for any market value which the cot­ precision. Comments: No comments have ment filed with the Director must certify ton may have in excess of the loan value been received with respect to this appli­ that such copy has been mailed or deliv­ of the cotton plus applicable charges and cation. Decision: Application approved. ered to the applicant. interest. If the warehouse receipts rep­ No instrument or apparatus of equiv­ Docket No. 69-00523-00-40600. Appli­ resenting any such cotton are sent to a alent scientific value to the foreign arti­ cant: Stanford University, 820 Quarry local bank at the request of the pro­ cle, for such purposes as this article is Road, Palo Alto, Calif. 94304. Article: Ion ducer or a purchaser of his equity, the intended to be used, is being manufac­ source components. Manufacturer: loan value of the cotton, plus charges tured in the United States. Reasons: The Auckland Nuclear Accessory Co., Ltd., and interest, must be received by the applicant’s purposes necessitate the ca­ New Zealand. Intended use of article: local bank not later than the close of pability to measure enthalpy of reactions The article will be used in connection business on July 31, 1969. Any repay­ over a wide range of temperatures, in with research and education of graduate ments made by mail to ASCS county order to determine changes in the heat students in nuclear physics experiments. offices must be postmarked (not patron capacity for the reaction under investi­ These components, when assembled with postage meter date stamped) not later gation. This requires a calorimeter with others manufactured here, will produce than July 31,1969. a controlled temperature between zero beams of polarized protons and deuter- In the event a producer has made a and 60° centigrade, with fluctuations in ons. For scientific research and educa­ fraudulent representation in the loan temperature being limited to plus or tion, it is important to have available documents or in obtaining the loan, CCC minus 0.3° centigrade. Production of the polarized ions, since they allow new ex­ shall credit the market value of the cot­ only known comparable domestic batch periments not feasible with the domesti­ ton as of the date title vests in CCC, as calorimeter has been discontinued. We cally produced unpolarized ions. Appli­ determined by CCC, against the amount are advised by the National Bureau of cation received by Commissioner of due on the loan and the producer shall Standards (NBS) (memorandum dated Customs: April 9, 1969. be personally liable for any balance due Mar. 24, 1969) that it knows of no batch Docket No. 69-00527-33-46040. Appli­ on the loan. microcaJorimeter being manufactured in cant: The Jackson Laboratory, Bar Har­ the United States, or any other instru­ bor, Maine 04609. Article: Electron mi­ Signed at Washington, D.C., on ment or apparatus that can be used for croscope, Model HU-1IC. Manufacturer: April 29, 1969. the -purposes for which the foreign Hitachi, Ltd., Japan. Intended use of ar­ K enneth E. P rick, article is intended to be used. ticle: The article will be used for studies Executive Vice President, to better acquaint staff members with the Commodity Credit Corporation, Charley M. D enton, field of fine-structure analysis and the Assistant Administrator for In­ use of the instrument. Studies presently [F.R. Doc. 69-5339; Filed, May 2, 1969; dustry Operations, Business planned are as follows: 8:48 a.m.] and Defense Services Admin­ a. The developmental effects in the mouse istration. of mutant genes causing morphological ab­ [F.R, Doc. 69-5298; Filed, May 2, 1969; normalities at early embryonic stages. 8:45 a.m.J b. The development of testicular teratomas DEPARTMENT OF COMMERCE which occur with predictable frequency in an Business and Defense Services inbred strain of mice. c. Studies of 12 distinct genetically caused Administration STANFORD UNIVERSITY ET AL. anemias of mice. JOHNS HOPKINS SCHOOL OF Notice of Applications for Duty-Free d_ The study of fine structure of muscle in preclinical stages of hereditary mouse ' MEDICINE Entry of Scientific Articles muscular dystrophy. Notice of Decision on Application for The following are notices of the receipt e. Studies concerning the differences in Duty-Free Entry of Scientific Article of applications for duty-free entry of the molecular structure of transfer RNA scientific articles pursuant to section 6(c) (sRNA) in normal and neoplastic tissue of The following is a decision on an of the Educational, Scientific, and Cul­ the mouse and in various other species. application for duty-free entry of a scien­ tural Materials Importation Act of 1966 Application received by Commissioner of tific article pursuant to section 6(c) of (Public Law 89-651; 80 Stat. 897). Inter­ Customs: April 14, 1969. the Educational, Scientific, and Cultural ested persons may present their views Docket No. 69-00528-33-46040. Appli­ Materials Importation Act of 1966 (Pub­ with respect to the question of whether cant: University of Colorado Medical lic Law 89-651, 80 Stat. 897> and the an instrument or apparatus of equiva­ Center, 4200 East Ninth Avenue, Denver, lent scientific value for the purposes for Colo. 80220. Article: Electron microscope, regulations issued thereunder (32 PJt. which the article is intended to be used Model JEM-100B. Manufacturer: Japan 2433 et seq.), is being manufactured in the United Electron Optics Laboratory Co., Japan.

FEDERAL REGISTER, VO L 34, NO. 85— SATURDAY, MAY 3, 1969 7296 NOTICES Intended use of article: The article will 6(c) of the Educational, Scientific, and a. Survey electron microscopy of the thy­ be used in research, teaching of graduate Cultural Materials Importation Act of mus of amphibians, reptiles, birds, and mam­ mals, including normal and diseased tissue students, and in technician training. In 1966 (Public Law 89-651; 80 Stat. 897). will be made. research, an enzyme-labeled antibody Interested persons may present their b. The origin, structure and fate of an- technique has been developed for ultra- views with respect to the question of nulated lamellae within the mucosa of the structural localization of macromole­ whether an instrument or apparatus of epididymis will be studied with the electron cules. This technique requires the ulti­ equivalent scientific value for the pur­ microscope. mate in resolving power in an electron poses for which the article is intended to c. The fine structure of “chalk streaks” microscope because of the involvement in be used is being manufactured in the in breast cancer, the relationship of extra­ the ultrastructural localization of single United States. Such comments must be cellular fibers to cancer cells and the overall picture of lobular carcinoma will be molecules of hormone, for example. The filed in triplicate with the Director, Sci­ examined. problems of the graduate students will entific Instrument Evaluation Division, d. Studies will be made of red blood cell include high resolution electron micros­ Business and Defense Services Adminis­ membranes. copy, and low magnification, low resolu­ tration, Washington, D.C. 20230, within e. Several problems will be examined tion work with minimal manipulation in 20 calendar days after date on which this related to heart diseases. Both experimental the switch-over from one type of micros­ notice of application is published in the and human tissues will be studied. copy to the other. Application received by F ederal R egister. f. The evolution of cilia and sterocilia and Commissioner of Customs: April 14,1969. Regulations issued under cited Act, the relationship of stereocilia to secretion, resorption and membrane flow will be Docket No. 69-00529-33-46040. Appli­ published in the February 4, 1967, issue investigated. cant: Brandéis University, Laboratory of the F ederal R egister, prescribe the g. A study of myoid cells of the retina will Supplies and Services, South Street, requirements applicable to comments. be made. Waltham, Mass. 02154. Article: Electron A copy of each application is on file, microscope, Model EM 300. Manufac­ and may be examined during ordinary Application received by Commissioner of turer: Philips Electronics, N.V.D., The Commerce Department business hours at Customs: April 15, 1969. Netherlands. Intended use of article: The the Scientific Instrument Evaluation Di­ Docket No. 69-00537-33-46500. Appli­ article will be used by qualified individ­ vision, Department of Commerce, Wash­ cant: Temple University Medical Center, uals in the Graduate Department of Bio­ ington, D.C. 3400 North Broad Street, Philadelphia, chemistry and the Bio-Medical Research A copy of each comment filed with the Pa. 19140. Article: Ultramicrotome, Institute in research concerned with the Director of the Scientific Instrument Model LKB 8800 Ultrotome III. Manu­ motility apparatuses of cells and organs; Evaluation Division must also be mailed facturer: LKB Produkter AB, Sweden. muscles, the mitotic apparatus, and or delivered to the applicant, or its au­ Intended use of article: The article will flagella. These diverse structures achieve thorized agent, if any, to Whose applica­ be used to produce ultrathin sections for movement by certain common mecha­ tion the comment pertains; and the com­ electron microscopic examinations. The nisms. All involve at least two major pro­ ment filed with the Director must certify primary tissue involved will be cells of teins, which appear to be similar in all that such copy has been mailed or de­ human malignant melanoma examined three contractile systems. Application re­ livered to the applicant. directly and at various intervals after ceived by Commissioner of Customs: Docket No. 69-00531-33-46040. Appli­ tissue culture. Extremely thin sections April 14, 1969. are required in order to study the mela- cant: University of California, Berkeley, nosome, a cytogenetic structural marker Docket No. 69-00530-33-46040. Appli­ Physiology-Anatomy Department, 2549 of benign and malignant melanocytes. cant: University of Washington Medical Life Sciences Building, Berkeley, Calif. For purposes of research, it is necessary School, Department of Pathology, Seat­ 94720. Article: Electron microscope, that long series are cut in serial sections tle, Wash. 98105. Article: Electron micro­ Model Elmiskop 101. Manufacturer: of equal thickness. The thickness re­ scope, Model AEIEM801 and accessories. Siemens AG, West Germany. Intended quired may vary from 50 angstroms to 2 Manufacturer: Associated Electrical In­ use of article: The article will be used microns. Application received by Com­ dustries, Ltd., United Kingdom. In­ primarily in studies of structure and tended use of article: The article will function of cilia. These studies include missioner of Customs: April 15, 1969. the following: Docket No. 69-00538-33-46500. Appli­ be used for research and training by cant: University of Rochester, School present and future trainees, as well as by a. High resolution studies of negatively of Medicine and Dentistry, 260 Critten­ the principal instructors who are ex­ stained cilia, and the 40 A subunits of ciliary den Boulevard, Rochester, N.Y. 14620. perienced electron microscopists. A num­ microtubules, and the chemical constituents Article : Ultramicrotome, Model LKB ber of projects concerned with research of these organelles. 8800A Ultrotome III. Manufacturer : LKB require the highest resolution available b. Serial section studies of jciliary tips and in electron microscopes. These include shafts in longitudinal and cross-sections at Produkter AB, Sweden. Intended use of studies of fibrils, collagen, the compo­ high magnification with specimen tilt to test article: The article will be used for proposed mechanisms of microtubule inter­ producing thin plastic-embedded sec­ nents of elastic fiber, and bacteriophage. action and ciliary motility. tions for light microscopy and ultrathin In addition, high resolution microscopy c. Studies of hyperfine structure of septate sections for electron microscopy of renal will be used for studying elementary par­ junctions connecting ciliated cells and the biopsies. Since the article will be used ticles of mitochondrial membranes and importance of cell coupling to the function­ for related projects including studies on isolated ribosomes after negative stain­ ing of ciliated epithelia. experimental renal disease, studies on d. Electron diffraction studies of pyroanti- the ultrastructure of smooth muscle and ing procedures. Application received by monate precipitate to localize sodium ion in ultrastructural alterations in areas of Commissioner of Customs: April 14,1969. ciliated cells. wound healing; it is necessary that the e. Studies of ciliated and flagellated pro­ operator be able to cut long serial sec­ Charley M. D enton, tozoa under experimental conditions that Assistant Administrator for In­ alter the functional state of the cilium, dur­ tions, to alternate thick sections and dustry Operations, Business ing division and during ciliary growth, in­ ultrathin sections of as little as 50 ang­ and Defense Services Ad­ cluding morphological survey and fine struc­ stroms in thickness, and to shape and ministration. tural detail of these protozoa. isolate small regions within larger blocks for ultrathin sections while retaining a [F.R. Doc. 69-5299; Filed, May 2, 1969; Application received by Commissioner of 8:45 a.m.] large surrounding block for survey pur­ Customs: April 14, 1969. poses. Application received by Commis­ Docket No. 69-00533-33-46040. Appli­ sioner of Customs: April 15, 1969. cant: Cedars-Sinai Medical Center, 4833 UNIVERSITY OF CALIFORNIA ET AL. Fountain Avenue, Los Angeles, Calif. Charley M. D enton, Assistant Administrator for In­ Notice of Applications for Duty-Free 90029. Article: Electron miscroscope, Model JEM-7A. Manufacturer: Japan dustry Operations, Business Entry of Scientific Articles Electron Optics Laboratory Co., Japan. and Defense Services Admin­ The following are notices of the re­ Intended use of article: The article will istration. ceipt of applications for duty-free entry be used in connection with the following [F.R. Doc. 69-5300; Filed, May 2, .1969; of scientific articles pursuant to section projects: 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7297 lating to these agreements.* Thereafter, * Affinity group fares. Effective Novem­ CIVIL AERONAUTICS BOARD numerous complaints, objections, and ber 1, 1969, lower fares would be made comments were filed opposing approval available for larger-sized affinity groups. [Docket No. 20291; Order 69-4-1341 of the agreement in whole or in part and, Currently, fares are offered to affinity INTERNATIONAL AIR TRANSPORT in some cases, requesting an evidentiary groups of 50 or more at a level of $245 hearing upon the issues presented. In (New York-London) during a 7-month ASSOCIATION view of the importance of the issues period of April through October. This Order Regarding Government Orders raised by these filings, the Board held period would be restructured into peak oral argument on April 16, 1969.® and shoulder seasons. During a 10-week for Free and Reduced Transpor­ The most significant changes proposed peak season eastbound and 3 months tation for the transatlantic fare structure are westbound fares for groups of 50 or more the elimination of the round-trip dis­ would be increased $5 (New York-Lon­ Issued under delegated authority on count, the extension of the availability of don). However, the minimum-size re­ April 29, 1969. the 14-21-day excursion and individual quirement would be lowered to 40 pas­ By Order 69-4-59, dated April 11,1969, inclusive tour (IT) fares, and the estab­ sengers in the shoulder period,. which the Board deferred action, with a view lishment of Contract Bulk Inclusive Tour encompasses the remaining portion of toward eventual approval, on certain Fares which would became effective No­ the present 7-month summer season, and resolutions adopted by Traffic Confer­ vember 1, 1969. These provisions, as well significant reductions from the existing ence 1 of the International Air Transport as other modifications, are described affinity fare would be introduced; e.g., Association relating to Government more specifically below. between New York and London the fares orders for free and reduced rate trans­ Normal fares. The agreement proposes would be lowered from $245 to $212. New portation. The Board, in deferring action generally to maintain current one-way fares for groups of 40 or more passengers on the agreement, granted 10 days in fares, but round-trip fares would be in­ would also be offered in the 5-month which interested persons may file peti­ creased by elimination of the 5-percent winter season at a level of $2G0. Stop­ tions in support of or in opposition to round-trip discount. This elimination, for overs would no longer be permitted at the Board’s proposed action. example, would raise the New York- these group fares. No petitions have been received within London basic round-trip economy fare Incentive group fares. The same fare the filing period, and the Board herein from $399 to $420 and the peak-fare from levels agreed upon for affinity groups of will make final its tentative conclusions $484.50 to $510. 40 or more in the shoulder and off-season in Order 69-4-59. Special fares—14-21-day excursion and periods (i.e., the New York-London $212 Accordingly, it is ordered, That; and $200 fares) are proposed to be made individual inclusive tour (.IT) fares. available to profit making organizations Agreement CAB 20903 be, and it These fares would be retained generally under the terms of a new promotional hereby is, approved: Provided, That ap­ at the status quo. A significant innova­ fare resolution for “incentive group” proval shall not constitute approval of tion, however, provides for the extension travel during the year, except during the specific commodity descriptions con­ of these fares to year-round application peak travel months. To be eligible for tained therein for purposes of tariff with added charges for travel during this fare, the. incentive group must con­ publication. heretofore precluded peak summer weeks and on weekends. The proposed added sist of 40 or more passengers in the case This order will be published in the charges are $50 for travel dining the of eastbound originations (20 or more in F ederal R egister. the case of westbound originations) who summer weeks and $30, each direction, are employees, dealers, and/or agents qf [seal] H arold R. S anderson, during weekends. the same business corporation or firm, Secretary. Group inclusive tour (GIT) fares. and who are traveling under an estab­ [F.R. Doc. 69-5344; Filed, May 2, 1969; These fares for 15 or more passengers are lished incentive travel program. The cost 8:48 ajn.] to be retained but are amended for effect must be borne entirely by the sponsoring from April 1, 1970, to reflect modest in­ business and must include, in addition creases, based on an $8 increase New to air transportation, tour features such [Docket No. 20781; Order 69-4-138] York-London. The minimum tour price, as accommodations, sightseeing, and en­ now set at $70, would simultaneously be tertainment during a 6-14-day validity INTERNATIONAL AIR TRANSPORT increased by $7 for each day in excess of period. ASSOCIATION the minimum 14 days, and tour provi­ Contract bulk inclusive tour fares. A sions would also be tightened. For ex­ new resolution, intended for effective­ Order Regarding Transatlantic Fares ample, stopovers, heretofore unlimited, ness November 1, 1969, contemplates the are to be restricted to five, including the sale of blocks of seats (at least 40 east- Adopted by the Civil Aeronautics turnaround point. bound and 20 westbound) to tour opera­ Board at its office in Washington, D.C., tors, or other contractors, at a bulk fare on the 30th day of April 1969. 2 Documentation and economic data to be price for use in connection with 14-21- There have been filed with the Board, received Mar. 13, 1969, complaints and objec­ day tours. In general, the level of fares pursuant to section 412(a) of the Federal tions by Mar. 27,1969, and answers to com­ between U.S. points and closer European Aviation Act of 1958 (the Act) and Part plaints by Apr. 7, 1969. The dates were there­ after extended to April 4 for filing complaints points such as London, Amsterdam, 261 of the Board’s economic regulations, and to Apr, 11, 1969, for filing answers. Paris, and Madrid would be established agreements among various air carriers, 8 Order 69 4 30, dated Apr. 4, 1969. Appear­ with peak, shoulder, and off-season foreign air carriers, and other carriers, ances were made by: period differentials. For example, base embodied in the resolutions of Joint Con­ Robert M. Lichtman and Clayton L. Burwell round-trip fares for travel between New ferences 1-2 and 1-2-3 of the Interna­ for National Air Carrier Association York and London would be established tional Air Transport Association GATA), (NACA). at $220 in the peak season, at $190 in adopted at meetings held in Dallas, Tex., Paul A. Quinn for American Society of Travel the shoulder season, and at $175 in the in January 1969. Agents, Inc. (ASTA), and Association of Bank Travel Bureaus (ABTB). off-season. Three stopovers would be The agreements embrace fare resolu­ J. W. Rosenthal and Neil Shilling for Hertz permitted. Beyond those European points tions to apply via North and Mid Atlantic International Ltd. named above, higher stopover charges routes from May 1, 1969, through Anthony F. LeFrisco for Panmarc, Inc., Peer­ in shoulder and off-season periods would March 31, 1971.1 By Order 69-3-1, dated less Travel Agency, Inc., Downtown Travel eliminate the shoulder and off-season March 3, 1969, the Board established Center, Inc., and Astral Travel Agency, Inc. fare differential for stopover passengers. Herbert Smolen and W. F. Hamill, Jr., for the procedural dates for the receipt of docu­ City of Philadelphia and the Greater Phila­ Other principal provisions are (1) a mentation, complaints, and answers, re- delphia Chamber of Commerce. minimum-tour price per person for Robert N. Duggan for Pan American World ground accommodations, etc., of $100 for 1 The agreements also include related fare Airways, Inc. the 14-day minimum-stay period plus resolutions applicable to travel via the North Ulrich V. Hoffman and Melvin L. Milligan for $7 per day thereafter, (2) advance 10- Atlantic to/from the Orient. Trans World Airlines. percent nonrefundable deposits 3 months

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7298 NOTICES before departure, and (3) full payment On the other hand, the Board notes the public interest. It points out that, in 1 month before departure. Sales by car­ that elimination of the blackout here­ exempting tour operators in connection riers to contractors are to be noncommis- tofore applicable to weekends and sum­ with inclusive tour charters under Part sionable. mer peak periods in connection with the 378 of its regulations, the Board acted Other fare provisions. The westbound 14-21-day excursion fares and the in­ on the basis of a record and adopted family fare program would be continued. dividual inclusive tour fares will bring detailed provisions designed to protect Provisions for the new B-747 aircraft the advantage of these promotional the public, and that the absence of re­ have been added which stipulate a six- fares, which will be at much lower levels strictions upon bulk fare tour operators abreast, 42-inch seat pitch configuration than would otherwise be applicable for would put the supplemental carriers at in first-class service and nine-abreast, travel during these periods at the normal a competitive disadvantage. NACA also 34-inch seat pitch configuration in econ­ economy fares, to a significant number argues that there has been no appropri­ omy service. Additionally, stateroom of additional passengers. Estimates by ate request for authority, no demon­ accommodations for up to eight persons TWA, based on the fare differential be­ strated public need for indirect air car­ in a master stateroom and up to four tween the normal and the promotional rier authorization, and no record upon persons in a compartment would be made fares and the number of passengers it ex­ which to base the grant of an exemption available in first-class service. The pects will utilize these lower fares during or formulate appropriate regulations. charges for these accommodations would the periods they were previously un­ TWA denies that the tour operator be as follows: available, indicate potential fare sav­ would be an indirect air carrier, stating ings of a magnitude comparable to the that the operator will represent the air Number of fare increase which will be effected by carrier and that, although the operator Type of stateroom Occupancy first-class may undertake some responsibilities fares charged discontinuance of the round-trip dis­ with respect to the sale of bulk fare count. Estimates submitted by Pan transportation which he does not under­ Master...... 6 or less...... 8 American tend to corroborate this off­ take with respect to the sale of transpor­ 7.:...... 9 set. Moreover the Board notes that the 8 ...... 10 tation under other fares, he will not be Compartment...... 3 or less...... 4 rate of return for Pan American has engaged in such a holding out to the 4...... 5 trended downward since 1966, reaching public as to qualify his activity as an 5 percent in 1968 (excluding investment indirect air carrier independent from the No charge would be added for the con­ tax credits), and that the cost data con­ carrier principal. However, TWA states version of these facilities into sleeping tained in the most recent IATA Cost that it assumes that, in any event, the accommodations. Committee Report (May 1968) may not Board will give “appropriate approval” Upon consideration of the record realistically reflect present circumstances to the program when it finds it to be in herein and all relevant matters the in view of the general inflationary trend the public interest. Pan American also Board has concluded to approve the in the economy and the somewhat lower assumes that the Board will provide such agreements, subject to the provisions load factors achieved by the carriers last authority and conditions with respect to and conditions set forth below, and to year. In these circumstances, the Board the tour operator as it deems necessary institute an investigation, to be con­ is not prepared to disapprove the elimi­ to implement the proposal and protect ducted upon an expedited basis, of the nation of the round-trip discount the public. contract bulk inclusive tour fares and the pendente lite. We agree with NACA that activities elimination of the round-trip discounts. The contract bulk fares envisage an pursuant to the resolution would place * The Board’s approval of these matters entirely new concept of marketing. The the tour operator in the position of an herein being set for investigation will fares proposed are lower than any fares indirect air carrier not presently author­ be limited to the period through March ever offered in scheduled service on the ized by the Board. As previously set forth, 31, 1970. The balance of the agreements Atlantic. Lower tour prices made possible under the resolution the function of the will be approved through the intended by the lower air fares, should serve to tour operator or “contractor” is to pro­ period of their effectiveness, March 31, enable many persons to travel by air who duce and promote inclusive tours. He 1971, except that action will be deferred would not otherwise be able to use air contracts with the direct carrier, is on the increases in the group inclusive transportation, and we believe that ap­ charged for all seats contracted for, tour fares, proposed for April 1, 1970, proval is warranted in the public interest whether they are used or not, and he re­ effectiveness. during the limited period through ceives no commissions from the direct NACA, ASTA, ABTB, the National In­ March 31, 1970. This limited approval carrier. His profit will consist of the dif­ dustrial Traffic League (NIT League), will permit some experience to be gained ference between the tour price he es­ and others oppose the elimination of the with respect to both the generative as­ tablishes and his costs for air fare, round-trip discount. It is alleged, inter pects of the fares and their impact upon ground arrangements, etc. With respect alia, that the increase is unjustified and the supplemental carriers. * to the air transport component of the seems to subsidize low group fares di­ The Board, however, notes the conten­ tour operator’s costs, he must charge a rected at the supplemental carriers, at tion of the supplemental carriers that sufficient price per seat to cover not only the expense of the business traveler. these fares are uneconomic, and have the seat price paid the direct carrier, NACA further asserts that the fare in­ been designed to capture supplemental but also the number of seats which he an­ crease stemming from elimination of the carrier charter traffic. These allegations ticipates he may be unable to sell, and round-trip discount is not offset by the can best be fully explored through a his selling and other costs. It is thus extension of the 14-21-day individual ex­ formal hearing. The Board believes that apparent that the tour operator must cursion fares and the individual IT sufficient question has been raised to re­ necessarily include in the tour price a fares, within the meaning of a prior quire that they be included in the inves­ component for the air transportation Board statement that any change in the tigation. The investigation of the con­ portion which is in excess of the air car­ round-trip discount should be accom­ tract bulk inclusive tour fares will in­ rier’s bulk fare tariff. Profits will accrue panied by offsetting fare adjustments clude within its scope the issue of unjust to the tour operator if he sells sufficient (not including the bulk fare plan). These discrimination and undue preference seats to exceed his breakeven load fac­ contentions, together with data included and prejudice stemming from the rela­ tor for the block of seats, and he rims in the most recent IATA cost committee tionship of the proportional fares (add­ the risk of loss if he cannot meet his report, and the 1968 rate of return ex­ on to the New York fares) applicable to breakeven load factor. In these circum­ perienced by TWA for transatlantic op­ specified California points as compared stances, the tour operator is clearly act­ erations (14.5 percent excluding invest­ with the add-ons to other U.S. points. ing, not as an agent on behalf of the ment tax credits) point to the need of an NACA takes the position that the bulk direct carrier, but as a principal for his expedited investigation as to the elimina­ fare resolution would make the tour op­ own account buying air transportation tion of the round-trip discount, and the erator an unauthorized indirect air car­ in bulk at wholesale prices and provid­ limitation of our approval of this element rier, that the operations would thus be ing for its sale as part of a tour at retail of the subject agreements to March 31, in violation of sectipn 401, and, accord­ prices. While there may be some differ­ 1970. ingly, that the resolution is adverse to ences in the mechanics of the operation,

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7299 the operator is akin to a consolidator ger to compensate him for the risk of and definite to prevent the use of rental and forwarder of passengers. We con­ empty seats. Under these circumstances, cars for purposes of mere point-to-point clude that, as such, he would be engag­ we conclude that the matter of refunds transportation.8 ing indirectly in air transportation should be the responsibility of the tour The new incentive group fares are within the meaning of section 101 of the operator and not the direct air carrier. troublesome because of their discrimi­ Act. Neither will we limit the sale of bulk natory aspects. As noted, under the terms It is also true that there is presently fares by the direct carriers to sales to of the resolution, these fares are re­ no authority for tour operators providing iATA-approved agents, as suggested by stricted to profit making organizations bulk inclusive tours. However, for the ASTA, CTOA, and other parties. These only for incentive group travel. The same reasons as underlie our interim ap­ parties contend that the restriction is Board would have no difficulty if the proval of the bulk fare agreement itself, needed to protect the public against un­ resolution is broadened to correspond we find that it is in the public interest qualified tour operators. However, the with group travel fare provisions ap­ to provide such authority to the tour carriers themselves have not seen fit so plicable via the North/Central Pacific operators as will be necessary to imple­ to restrict these fares, and it appears which provides that the travel group may ment that agreement. To this end we that there are a number of reputable be formed for “own use of one person”, Will institute a rule-making proceeding tour operators who are not IATA sales including an individual person or a legal in the near future with a view toward agents. We are not persuaded that the entity. Our approval is conditioned exempting bulk fare inclusive tour opera­ public interest requires that tour op­ accordingly. tors subject to appropriate conditions for erators be restricted to IATA-approved The City of Philadelphia and The the protection of the public. agents. We will reserve to the rule mak­ Greater Philadelphia Chamber of Com­ Proposed conditions on approval. As ing proceeding the question of appro­ merce pleaded that the add-ons used in previously indicated, the resolution pro­ priate conditions to protect the public in establishing fares tcs/from Philadelphia vides that sales by the IATA members these respects. result in unduly high fares and that they of bulk tickets to tour operators shall not It is also urged that we require that discriminate against Philadelphia in be subject to commissions. Pour travel the advertising of tour prices involving favor of New York. Philadelphia is an in­ agencies urge that we condition our ap­ bulk fares be limited to the total tour ternational gateway point and has a proval so as to require that sales of the price without a breakdown into the air significant volume of nonstop service to/ bulk fares to the tour operators them­ transportation and other components. from European points. Moreover, because selves be commissionable.4 In our view, However, under the provisions of section of its proximity, it is in direct competi­ such a condition would not be consistent 411 of the Act, tour operators will be tion with New York for international with the status of the tour operator as an required to refrain from deceptive ad­ travel. No sound reason has been ad­ indirect carrier. We have repeatedly held vertising, and we are not prepared at vanced why the Philadelphia fares that air freight forwarders are not en­ this time to impose any more detailed should be disparate with New York fares titled to commissions from the carrier on restrictions on their advertising practices. from the standpoint of mileage. Accord­ consolidated shipments.5 In such circum­ Conditions have also been proposed with ingly, the Board can not find in the pub­ stances, the forwarder receives its profits respect to car rentals. Under the bulk lic interest an agreement which would from the difference between the charge inclusive tour resolution, the minimum preclude a carrier from establishing fares paid to the direct carrier, based on the selling price of the tour for sleeping ac­ to/from the Philadelphia gateway which latter’s tariff rate, and the higher unit commodations, sightseeing, and enter­ are reasonably related, on a mileage rate which he assesses individual ship­ tainment features must be at least $100 basis, to New York. These considerations pers. Similarly, in the case of inclusive are equally applicable with respect to over the unit contract bulk price for the Washington and Baltimore fares. We are, tour charters under Part 378, the carrier air transportation, plus $7 a day for each is required to collect the full tariff price therefore, conditioning our approval so day in excess of the minimum stay period. as to require that fares between these from the tour operator who, in turn, is It thus appears that car rentals may not free to charge a sufficient price to in­ points and European points or beyond be included in the computation of the shall be, on a per mile basis, no greater dividual tour participants to cover his minimum selling price of the tour, unless total cost. In light of the foregoing, we than the fare to New York City for re­ they fall within the sightseeing category. spective fare categories.7 see no occasion to require the payment of Hertz International, Ltd., requests that commissions in the case of bulk fares. we condition our approval of the fare There is also pending before the Board The resolution also provides that no agreements on inclusion of car rentals a petition by NACA for review of the refunds may be granted by the direct as a minimum tour feature, or, in the Chief Examiner’s ruling granting the carrier to the tour operator, and any alternative, that we specify that rental motions of TWA and Pan American to refund to the carrier shall be the sole cars may be used within the sightseeing quash or modify subpoenas directing responsibility of the contractor. ASTA category if governed by an appropriate those carriers to produce certain docu­ takes the position that these provisions itinerary. In view of the desirability of ments. In view of our institution of an are unduly punitive, and that they should providing low minimum prices for in­ investigation of the provisions of the be changed to provide for refunds to the clusive tour transportation and the need agreement eliminating round-trip dis­ tour operator in the event that persons for distinguishing inclusive tours from counts and establishing contract bulk purchasing the space from the contractor regular point-to-point travel, the Board inclusive tour rules, the problem of the are unable to travel because of death or does not believe it is in the public inter­ serious illness of the passenger or mem­ est to require that the cost of car rentals 8 It may be noted, however, that the car­ bers of his family. Again, we conclude riers agree that rental cars may be used to per se be included in the minimum tour provide point-to-point transportation under that such a provision would be incon­ prices. Moreover, it is noted that car the “travel together” provisions of the sistent not only with the status of the rentals are treated no differently in this agreement. tour operator as an indirect carrier, but respect from other forms of ground 7 Subsequent to the public announcement also with the basic concept of the bulk transportation which are not included in of the Board’s actions herein, Pan Ameri­ fares. As stated, these fares are estab­ the minimum tour package. can has requested the Board to defer the lished at a low level in recognition of effectiveness of this condition until July 1, On the other hand, sightseeing features 1969, in order to provide time for the carriers the fact that the tour operator assumes are includable in the minimum tour pricer to make the necessary restructuring of their the risk of filling the seats that he pur­ and both Pan American and TWA con­ fares and amendments to their tariffs. In chases. The tour operator is expected to cede that, under certain circumstances, view of the technical problems involved, the charge a sufficient price to each passen- car rentals may fall within the sight­ Board will defer the application of this con­ seeing category. Hertz, however, would dition until June 1, 1969, with respect to 4 ASTA, representing the bulk of the travel have us require that car rentals be ac­ normal fares, and until July i, 1969, as to all agents, does not take this position. other fares. As a matter of clarification, the 5 See, Investigation of Seaboard & Western cepted for that purpose if governed by Board wilL accept, as a basis for computing Airlines,v Inc., 11 CAB 372, 385 (1950); Inter­ an appropriate itinerary. In our judg­ the fares per mile, the use of the latest IATA national Air Freight Forwarder Investigation, ment, such a provision must be rejected Mileage Manual which lists the shortest op­ 27 CAB 658, 665 (1958). because it would not be sufficiently clear erated distances between points.

FEDERAL REGISTER, VOL 34, NO. 85— SATURDAY, MAY 3, 1969 No. 85- 7300 NOTICES proper extent of discovery available at ing those not specifically adverted to 2. The Board finds that action on the more preliminary stages of this case herein, as well as all matters bearing Agreement CAB 20848, R-48 (“North has become moot. Accordingly, we shall upon the agreements, and concludes that Atlantic Group Inclusive Tour Fares,” dismiss NACA’s petition without preju­ they are consistent with the public in­ Effective Apr. 1,1970) should be deferred. dice to any prehearing conference infor­ terest and should be approved. Accordingly, pursuant to the provisions mation requests NACA may deem neces­ In consideration of the foregoing, the of the Federal Aviation Act of 1958, and sary under this order of investigation. Board makes the following findings: particularly sections 204,404(b), 412, 414, Finally, there is another motion pend­ and 1002(f) thereof: ing by NACA to include as part of the 1. The Board does not find the follow­ It is ordered, That: record certain documents submitted by ing resolutions, incorporated in Agree­ 1. Agreement CAB 20848 described in Pan American in response to a subpoena. ment CAB 20848, adverse to the public finding paragraph 1 is approved, pro­ No objection to the motion having been interest or in violation of the Act: Pro­ vided that, insofar as the resolutions ap­ received, it shall be granted. vided, That insofar as air transportation ply in air transportation as defined by the The Board has considered all of the is concerned approval shall be subject Act, this approval shall be subject to the allegations raised by the parties, includ-' to the conditions as hereinafter ordered: following conditions: (a) With respect to R-38 (“North Agreement IA T A No. T itle Atlantic Bulk Affinity and Incentive CAB 20848 Group Prices—Spain/Portugal”), insofar as it relates to incentive groups, and R-41 R - l ...... 001b______North Atlantic—Special Effectiveness Resolution (Tie-in) (New). (“North Atlantic Incentive Groups”) , the R -2...... 001b...... Mid-Atlantic—Special Effectiveness Resolution (Tie-in) (New). travel group shall be formed only for own R -3 ...... 001e...... Mid-Atlantic Escape for Normal and Special Fares (New). K -4______... 001h...... 2-Year Effectiveness Escape—Passenger (New). use of one person (which expression shall R -5 ...... 001s...... North Atlantic Prorate Escape (New). include an individual person or a legal R -6______... OOlt...... North Atlantic Escape for Boeing 747 (New). R -7...... OOlu______JT123 Transatlantic Escape for Normal and Special Fares (New). entity such as an association, partner­ R -8______. . 002______Standard Revalidation—North and Mid-Atlantic. ship, company, or corporation); provided R-10______... . . 014a...... Construction Rule for Passenger Fares (Revalidating and Amend­ ing). that the Purchaser shall not, wholly or R - l l . - ...... 015...... North Atlantic Proportional Fares—North American (Revalidating partially, directly or indirectly share the and Amending). cost of the air transportation with other R-12_...... 023a.______Rounding-Off Passenger Fares (Amending). R -14...... 050______First Class Conditions of Service (Revalidating and Amending). persons interested in obtaining such R -15______. . . 054a______North Atlantic First Class Fares. transportation including the passengers R -16...... 054b...... Mid-Atlantic First Class Fares. R -17...... 054x______Iceland—Greenland First Class Fares (Revalidating and Amending). carried. R -18...... 057a______North Atlantic First Class Fares JT123. (b) Approval of R -ll (“North Atlan­ R -19...... 060...... Economy Class Conditions of Service (Revalidating and Amending). R -20______:...... 064a...... North Atlantic Economy Class Fares. tic Proportional Fares—North Ameri­ R -21...... 064b...... Mid-Atlantic Economy Class Fares. can”) shall require that fares between R -22...... 064x______Iceland—Greenland Economy Class Fares (Revalidating and Philadelphia/Baltimore/Washington and Amending). R -23...... 067a...... Economy Class Fares—TC1-TC3 via the Atlantic. European points or beyond be, on a per R -24...... 070d(080d)...... North Atlantic 21-Day Excursion Fares. mile basis, no greater than correspond­ R -25...... 070e(080e)...... North America—India/Pakistan/Afghanistan/Ceylon/Nepal 28-Day Excursion Fares. ing fares per mile to/from New York for R - 2 6 - ...... 070f(080f)______Mid-Atlantic 21-Day Excursion Fares. all respective fare categories.8 R -27...... 070t(080t)...... North Atlantic Excursion Fares to Amman, Baghdad, Beirut, Cairo, Damascus, Jerusalem, Nicosia, Teheran ($535). (c) Approval of Agreement CAB 20848, R -28______...... 070v(080v)______Mid-Atlantic Excursion Fares—Havana. Rr-42 (“North Atlantic Contract Bulk In­ R -29______... 070x(080x)_...... North Atlantic Excursion Fares to Amman, Baghdad, Beirut, Cairo, Damascus, Jerusalem,Nicosia,Teheran ($565). clusive Tour Rules”) and R-68 (“Mid- R -30...... 070z(080z)...... Iceland—Greenland Excursion Fares. Atlantic Contract Bulk Prices—San R -31...... 075h(088d),______North Atlantic Winter Group Fares to Israel. Juan—Lisbon/Madrid”) shall be limited R -32...... 075hh(088dd)...... North Atlantic Winter Group Fares to Middle East. R -33______... 075i(088)...... North Atlantic Group Fares to Israel. to March 31, 1970; any fare changes es­ R -34...... 076e(088n) I ______North Atlantic Affinity Group Fares. tablished pursuant to the escape provi­ R -35______... 076e(088n) I I ...... North Atlantic Affinity Group Fares (effective Nov. 1, 1969). R -36...... 076f(088p)...... Mid-Atlantic Affinity Group Fares U.K.-Caribbean. sions of these resolutions shall be filed R -37...... 076i(088t)______Affinity Group Fares JT123. with and approved by the Board prior to R -38...... 076m(088i)...... North Atlantic Bulk Affinity and Incentive Group Prices—Spain/ Portugal. being plabed into effect. R -39...... 076n...... Mid-Atlantic Affinity Group Bulk Travel Fares (New). (d) Approval of Agreement CAB R -40______. . . 076o...... Mid-Atlantic Affinity Group Fares—Guyana/Surinam/Trinidad- 20848, R-61 (“Fares for Round Trip”) India/P akistan/Afghanistan/C eylon/N epal (New). R -41...... 076p...... North Atlantic Incentive Groups (New) (effective Nov. 1,1969). shall be limited to March 31,1970. R -42...... 079a...... North Atlantic Contract Bulk Inclusive Tours Rules (New) (Attach­ 2. Action on Agreement CAB 20848, ments “A” and “B” effective Nov. 1, 1969). R -43...... 080k...... TC2 to Havana Individual Inclusive Tour Fares (New). R-48 (“North Atlantic Group Inclusive R -44...... 083(084w)______Mid-Atlantic Individual Inclusive Tour Fares—U.K./Germany- Tour Fares,” Version II, effective Apr. 1, Caribbean. 1970) is deferred. R-45...... 083a(084y)...... North Atlantic Individual Inclusive Tour Fares. R-46...... 083b(084y)...... North Atlantic Individual Inclusive Tour Fares. 3. The motion of the member carriers R -47...... 084a(087) I ...... North Atlantic Group Inclusive Tour Fares. of the National Air Carrier Association to R -49-...... 084c(084L)...... North Atlantic Winter Group Inclusive Tour Fares to Israel. R-50...... 084cc(084LL)...... North Atlantic Winter Group Inclusive Tour Fares to Middle East. include as a part of the record herein R-51...... 084f...... Mid-Atlantic Group Inclusive Tour Fares—(NEW). specified documents submitted by Pan R-52...... 091c...... North Atlantic Family Fares. R-53...... 094(096)...... North Atlantic Emigrant Fares to Canada. American is granted. R -54...... 094a(096a)...... Mid-Atlantic Emigrant Fares—Caribbean-U.K. 4. The petition of the member car­ R-55______. . . 095...... North Atlantic 45-day Exclusion Fares for U.S. Military Personnel— Revalidating and Amending. riers of the National Air Carrier Associa­ R-56...... 095a(095)...... North Atlantic 45-day Excursion Fares for U.S. Military Personnel— tion for review of ruling granting motions Revalidating and Amending. to quash is denied, without prejudice. R -57...... 095b(095a)...... North Atlantic 45-day Excursion Fares for Canadian Armed Forces. R-58...... 095c(089)...... North Atlantic Group Fares for U.S. Military Personnel—Revalidat­ 5. To the extent not granted, all other ing and Amending. motions, petitions, complaints, objec­ R -59...... 095d(089b)...... North Atlantic Group Fares for Canadian Armed Forces. R -60...... 095e(089a)...... North Atlantic Group Fares for Dependents of U.S. Military tions, and requests filed herein are Personnel. denied. R -61...... 105a...... Fares for Round Trip (New). 6. An investigation is hereby instituted R -62- ...... 161a...... Fares for Circle Trips (Revalidating and Amending). R -63______... 200...... Free and Reduced Fare or Rate Transportation (Revalidating and to determine whether the following Amending). described agreements are adverse to the R -64- ...... 2 0 0 g -...... Government Orders for Free and Reduced Rate Transportation (Revalidating and Amending). public interest or in violation of the R -6 5 -...... 250...... Sleeper Surcharge (New). R -66...... 310...... Free Baggage Allowance (Revalidating and Amending); R -67...... 311...... Baggage Excess Weight Charges (Revalidating). 8 Application of this condition is deferred R -68...... 079c...... Mid-Atlantic Contract Bulk Prices—San Juan-Lisbon/Madrid (New) until June 1, 1969, with respect to normal (Attachment “A” effective Nov. 1,1969); * fares and until July 1, 1969, with respect to all other fares.

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7301

Federal Aviation Act of 1958, and service the positions of Deputy Assistant F inancial I ssues whether the fares, rules, conditions, and Secretary for Business Development provisions which are, or will be estab­ Programs, and Deputy Assistant Secre­ 2. The petitioner requests that the fol­ lished pursuant to such agreements are tary for International Trade and Finan­ lowing financial issues be added against or will be unjustly discriminatory or un­ cial Policy in the Office of the Assistant Allen: duly preferential, or unduly prejudicial, Secretary for Domestic and International (a) The ability of Lester H. Allen to and if such fares, rules, conditions, or Business. meet his financial commitment to con­ provisions are found to be unjustly dis­ tribute sufficient capital which would criminatory, unduly preferential, or un­ United States Civil Serv­ enable him to construct and operate his duly prejudicial, to determine how such ice Commission, proposed station; [seal] J ames C. S pry, (b) The basis for the applicant’s esti­ fares, rules, conditions, or provisions Executive Assistant to mates of construction and operating costs should be altered, or what order should the Commissioners. for the first year; be made to remove such discrimination, [P.R. Doc. 69-5358; Piled, May 2, 1969; (c) The basis for Lester H. Allen’s esti­ preference, or prejudice: 8:50 ajn.] mates of revenues in his first year of Agreement CAB 20848: operation, whether such estimate is rea­ R—61 (“Pares for Round Trip”). sonable, the extent to which net operat­ R-42 (“North Atlantic Contract Bulk DEPARTMENT OF TRANSPORTATION ing revenues may be relied upon to yield Inclusive Tours Rules”) . R-68 (“Mid-Atlantic Contract Bulk necessary funds for the initial construc­ Prices-San Juan-Lisbon/Madrid”). Notice of Grant of Authority To Make tion and 1 year’s operating cost; R-10 (“Construction Rules for Passenger Noncareer Executive Assignment (d) Whether in light of the evidence Pares”) insofar as it applies to the con­ adduced pursuant to items (a), (b), and struction of Contract Bulk Pares. Under authority of § 9.20 of Civil Serv­ (c) Lester H. Allen is financially 7. Copies of this order shall be servedice Rule IX (5 CFR 9.20), the Civil Serv­ qualified. upon the following which are hereby ice Commission authorizes the Depart­ Initially, Salt-Tee questions Allen’s esti­ made parties to this proceeding: ment of Transportation to fill by mate of $60,305 for construction costs noncareer executive assignment in the and notes that this figure is alleged by Pan American World Airways, Inc. excepted service the position of Execu­ Trans World Airlines, Inc. tive Secretary, Office of the Secretary. the applicant to be based on quotations American Flyers Airline Corp. from equipment manufacturers and the Modem Air Transport, Inc. United States Civil Serv­ applicant’s own experience. However, Overseas National Airways, Inc. ice Com m ission, Salt-Tee asserts that no letter of credit Saturn Airways,dnc. [seal] J ames C. Spry, or quotation from an equipment manu­ Southern Air Transport, Inc. Standard Airways, Inc. Executive Assistant to facturer has been provided by Allen and Trans International Airlines, Inc. the Commissioners. that the nature of the experience re­ Universal Airlines, Inc. [F.R. Doc. 69-5359; Piled, May 2, 1969; ferred to in Allen’s application cannot World Airways, Inc. 8:50 am.] be determined. Petitioner also questions American Society of Travel Agents. whether Allen’s securities, which the ap­ Association of Bank Travel Bureaus, Inc. plicant relies on to meet anticipated Creative Tour Operators Association. costs of construction and initial opera­ Hertz International, Ltd. tion, are adequate to make the required Budget Rent-a-Car International, Inc. FEDERAL COMMUNICATIONS Panmarc, Inc. financial showing. It notes that Allen Peerless Travel Bureau, Inc. shows “marketable securities” worth Downtown Travel Center, Inc. COMMISSION $102,939 and “investment securities” of Astral Travel Agency, Inc. [Dockets Nos. 18408, 18409; FCC 69R-189] $100,000 on his June 1968 balance sheet; AAA World-wide Travel, Inc. however, petitioner points to the fact City of Philadelphia. LESTER H. ALLEN AND SALT-TEE that no list of securities is attached; that Greater Philadelphia Chamber of Commerce. RADIO, INC. there is no indication of whether the Metropolitan Washington Board of Trade. securities are listed or unlisted; and no National Industrial Traffic League. Memorandum Opinion and Orders Philadelphia Convention and Tourist explanation is given of the difference be­ Bureau.. Enlarging Issues tween “marketable” and “investment” securities. Finally, Salt-Tee contends This order will be published in the In regard applications of Lester H. that the Commission should not accept, F ederal R egister. Allen, Ocean City, N.J., Docket No. 18408, at face value, the representation in By the Civil Aeronautics Board.* File No. BPH-6374; Salt-Tee Radio, Inc., Allen’s balance sheet that he has no Ocean City, N.J., Docket No. 18409, File liabilities. [seal] Harold R. Sanderson, No. BPH-6457 ; for construction permits. 3. The Broadcast Bureau, in its com­ Secretary. 1. This proceeding involves thé mu­ ments, opposes the addition of the re­ [P.R. Doc. 69-5345; Piled, May 2, 1969; tually exclusive applications of Lester H. quested financial issues and points out 8:48 a.m.) Allen (Allen) and Salt-Tee Radio, Inc. that, on October 7, 1968, Allen filed an (Salt-Tee), for authorization to con­ amendment to his application to show struct a new FM broadcast station at on what stock exchange the marketable Ocean City, N.J. It was designated for securities he owns are traded. The Bu­ CIVIL SERVICE COMMISSION hearing by Order, FCC 68-1219, 15 FCC reau contends that an attempt to ascer­ 2d 767, released January 6, 1969, on a DEPARTMENT OF COMMERCE tain the meaning of “investment securi­ standard comparative issue. Presently ties” would be superfluous since Allen before the Review Board is a petition to Notice of Grant of Authority To Make has shown that he has sufficient liquid enlarge issues, filed January 27, 1969, by assets to meet his financial commitment Noncareer Executive Assignment Salt-Tee, requesting the addition of fi­ of $90,305 for construction and initial tjnder authority of § 9.20 of Civil Serv­ nancial, staffing, Suburban, § 1.65 and operating costs. On the subject of ice Rule rx (5 CFR 9.20), the Civil Serv­ comparative programing issues to this Allen’s construction estimates, the Bu­ ice Commission. authorizes the Depart­ proceeding in regard to the Allen appli­ reau argues that petitioner's allega­ ment of Commerce to fill by noncareer cation.* tion that such estimates are not real­ executive assignments in the excepted istic has not been supported by ap­ 1 Also before the Review Board are: (a)propriate affidavits or other specific 9 Vice Chairman Murphy and Member Comments, filed Feb. 25, 1969, by the Broad­ factual allegations. As to the question Minetti filed a joint concurring and dissent­ cast Bureau; (b) opposition, filed Feb. 25, of Allen’s estimate of first year reve­ ing statement which is filed as part of the 1969, by Allen; and (c) reply, filed Mar. 7, nues, the Bureau points out that original document. 1969, by Salt-Tee. Allen is not relying on such revenues and

FEDERAL REGISTER, VOL. 34, NO. »5— SATURDAY, MAY 3, 1969 7302 NOTICES that, therefore, it would be meaningless proposal. In support of its request, Salt- in spite of the fact that the station to inquire into the extent to which they Tee points to the fact that Allen proposes would be a fully automated facility, would can be relied upon for the funds, needed to be on the air a total of 126 hours per broadcast only local news gathered by for construction and operation. Finally, week (including some live, remote pro­ telephone and mail and would have a the Bureau agrees with the petitioner graming) with a staff of only three full­ schedule largely devoted to recorded that the absence of liabilities on Allen’s time employees. Salt-Tee notes that music interspersed with various spot balance sheet is unusual, but states that Allen intends to employ his son on a full­ announcements. Allen proposes to broad­ the mere fact that it is unusual does not time basis to handle the details of the cast 126 hours per week with a staff of support a request for enlargement of the operation of the station and that, in three, including a manager who will have issues. Allen, in his opposition to the in­ Allen’s application for Leisure City, Fla., a very heavy schedule of duties and two stant request, asserts that the “experi­ he indicates that his son will run that salesmen. On its face, this proposal ap­ ence” relied upon for the construction facility as well, commuting by private pears unrealistic if the applicant is to estimates in his application is his ex­ plane between the two stations. Petitioner carry out his programing plan, which in­ perience as 100 percent owner and sole contends that Allen’s staffing proposal cludes live remote broadcasts of such proprietor of Allen and Hurley, a whole­ would permit his proposed station to do events as city council sessions and band sale electronics equipment firm in Tren­ little more than play records all day. The concerts and which must provide for ton, N.J., his involvement in amateur Broadcast Bureau, in its comments, sup­ one staff member on duty at all times, radio, and his work as a volunteer on ports the addition of a staffing issue and illnesses, vacations and all the usual tasks Stations WBUD-AM and WBJH-FM in contends that if Allen’s son is to be one of bookkeeping, script preparation, etc. Trenton, N.J. He further contends that of the three proposed employees, and if In his opposition to the Salt-Tee request, Salt-Tee has produced no evidence that each employee were to work 40 hours per Allen states that he will look to com­ his balance sheet does anything but ac­ week, there would still be 6 unmanned munity volunteers for supplementary curately reflect his true financial po­ hours per week. The Bureau further help in program production. However, he sition and that he has sufficient assets states that it is questionable, in any case, provides no assurance that such volun­ * ($16,616 in cash and $137,355 in market­ whether the applicant’s son can put 40 teers can be counted upon other than able securities), as of February 7,1969, to hours per week into the Ocean City sta­ his bare statement that various people finance both the Ocean City proposal and tion considering his Leisure City duties. of high competence have indicated a will­ his proposal for Leisure City, Fla., which Finally, it argues that even if Allen ingness to participate. In his application, requires his additional Commitment of means to employ three persons in addi­ Allen states that he plans to employ his $37,000 in available funds.3 tion to his son, a serious question still son on a full-time basis to “handle the 4. The Review Board is of the opinion arises as to the adequacy of the staffing details of the operation of the station.” that no basis exists for the inclusion of proposal, taking into account the It is unclear whether the son will serve financial issues against Allen. Through planned live programing, illnesses, vaca­ as the station manager or in addition to his opposition and related attachments, tions, clerical, and bookkeeping chores, the three proposed staff members. If the Allen adequately demonstrates that he etc. former, the fact that Allen’s son is also has cash on hand of $16,614 and market­ 6. In an affidavit attached to his op­ to be a “full-time” employee at Leisure able securities of $137,355, which liquid position, Allen reveals that his staff will City makes Allen’s plan even more inade­ assets are more than enough to con­ consist „of two salesmen and a manager quate, since, under those circumstances, struct and operate his proposed facility who will maintain the station’s equip­ one of the “full-time” staff members in Ocean City and to meet his commit­ ment and visit the transmitter, monitor would be able to devote a good deal less the business telephones, represent the than full-time to his duties. If the latter, ment to the Leisure City proposal. Under the addition of the son’s less-than-total these circumstances there is no need to station in the Ocean City community, inquire into either the meaning of “in­ tape commercials, announcements, and services is not enough to remove the news for insertion into the automated doubt raised by the -petitioner. As for vestment securities” or the correctness Allen’s plan to establish his audio auto­ of Allen’s estimate of first-year revenues. programing system and review and con­ trol the use of music library tapes. He mation and remote control facilities in As for the applicant’s construction cost the residence of a local radio telephone estimates, they are adequately supported also contemplates the use of community volunteers to aid in the production and operator who will monitor the automatic by Allen’s considerable experience in the logging equipment, we agree with peti­ electronic equipment filed3 and we note taping of programs and the establish­ ment of the station’s audio automation tioner that this proposal is inconsistent that petitioner’s allegation of lack of with the application on file since that realism is unsupported. In regard to the and remote control facilities in the resi­ dence of a local third class radio tele­ application does not mention a remote question of the absence of liabilities on control point and, therefore, we will not Allen’s balance sheet, Salt-Tee has come phone operator who, it is planned, will monitor the automatic logging equip­ consider such proposal in resolving the forward with nothing more than mere instant request for a staffing issue. Al­ suspicion and a statement that such an ment. Allen states that, although he is not included in the staffing proposal, he though Allen amplifies his staffing pro­ absence is unusual. We agree with the posal in his opposition pleading, he fails Broadcast Bureau that such a showing will make the proposed station’s long­ term policy and business decisions and a to demonstrate through the use of work is not sufficient. Therefore, for the rea­ good deal of its day-to-day management schedules or other means how it would be sons stated above, the requested finan­ decisions,-thus freeing the staff for other possible to operate the station with such cial issues will not be added. tasks. In its reply, petitioner contends a limited staff even with modern equip­ ment and the possible participation of S taffing Issue that Allen’s proposal for a monitor is in­ consistent with his application and, nonstation personnel. See Community 5. Petitioner requests an issue to deter­ therefore, should not be considered by Broadcasting Co. of Hartsville, 16 FCC mine whether Allen’s staffing arrange­ the Review Board in passing on the re­ 2d 647,15 RR 2d 814 (1969). Therefore in ments are adequate to effectuate his quest for a staffing issue; that the appli­ view of these considerations a staffing cant has not submitted any specific proof issue will be added by the Board. 2 In December 1968, Allen tendered for fil­ to show that community volunteers will Suburban Issue ing an application for a new FM station at be available to effect his plan; that it is Leisure., City, Fla. (BPH—6545), which in­ clear that volunteers are to be relied 8. Petitioner, in requesting a Suburban cludes Allen’s commitment of $37,000 in upon for all live programing; and that issue,4 contends th at Allen has failed to available funds for construction and initial meet the minimum requirements of Min- operation. it is unclear how Allen can effectuate his 3 According to Allen’s uncontradicted as­ programing proposal, including live pro­ shall Broadcasting Co., Inc., 11 FCC 2d sertions in his affidavit, he has been asso­ grams, and still have an engineer on duty ciated with his firm since 1946 and has been at all times. 4 Suburban Broadcasters, 30 FCC 1021, 20 its sole proprietor since 1953. He is a dis­ RR 951 (1961), affirmed sub. nom. Henry v. tributor of RCA equipment and has regularly 7. The Review Board believes that a Federal Communications Commission, 112 sold items of broadcast equipment to var­ serious question has been raised as to U.S. App. D.C. 257, 302 F. 2d 191, 23 RR 2016, ious Trenton stations. the adequacy of Allen’s proposed staff, cert, denied, 371 U.S. 821 (1962).

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7303? •1 795, 12 RR 2d 502 (1968), in regard to nature of the questions asked (“What devote 9 percent and 6.3 percent of its ascertainment of community needs. type of radio station do you like to listen broadcast time to news programing and ! Specifically, Salt-Tee asserts that, in to?”; “What part of a radio station do public affairs programing, respectively, Allen’s survey of the general Ocean City you like best?”, etc.) and the nature of as compared to Allen’s 3.34 percent for population, the questions asked were the responses (“less rock and roll”, “stop each category and that it will carry local meaningless and the responses and pro­ reporting same news every 10 minutes”, high school football and basketball posals received were innocuous. Further, etc.).- Another defect to be noted is the games as compared to Allen’s failure to petitioner points to the similarity be­ absence of any specific responses from carry any local sports events. The Broad­ tween the percentages of program cate­ the community leaders interviewed. Cf. cast Bureau, in its comments, opposes the gories noted in the Ocean City and Mace Broadcasting Co., FCC 68-671, 13 addition of a comparative programing Leisure City applications and the fur­ RR 2d 753 (1968). The exhibits contained issue on the grounds that Salt-Tee has ther similarity between the two sets of in the application merely summarize the neither shown material and substantial surveys, evaluations and program pro­ nature of the suggestions received and differences between its program plans posals therein and asserts that a pre­ Allen’s opposition pleading sets out just and those of Allen nor related assumed sumption arises that both applications four specific responses attributable to differences to demonstrated community were completed without the applicant community leaders. The Suburban issue needs. Allen’s opposition argues against having ascertained the particular needs will be added to this proceeding. addition of the requested issue on a of the two communities. The Broadcast similar basis and also points out that Bureau, while recognizing that it might S ection 1.65 Issue Salt-Tee proposes substantial duplication be possible for both surveys to lead to 10. Petitioner requests an issue to de­ of the programing of WSLT-AM, its similar results, states that the identical termine whether Allen has failed to keep standard broadcast station in Ocean' nature of the applications in this regard the Commission advised of substantial City, while Allen proposes wholly raises serious questions which require changes in his application as required independent programing. the addition of the issue. In his opposi­ by § 1.65 of the Commission’s rules. Salt- 13. The Commission has held that, in tion Allen contends that his program Tee contends that the Ocean City order to support a request for a compara­ survey and proposals meet the Minshall application of Allen has not been tive programing issue, the proponent requirements in every way and that amended to show the filing of the Leisure must demonstrate substantial program­ the similarity between the Ocean City City application despite the bearing of ing differences which “go beyond ordi­ and Leisure City applications stems the latter application on the programing nary differences in judgment and show from the essential similarity of the two and financial proposals of the former. a superior devotion to public service.” communities. The Broadcast Bureau, in its comments, Policy Statement on Comparative Hear­ 9. The Review Board believes that anpoints out that, on January 17, 1969, ings, 1 FCC 2d 393, 5 RR 2d 1901 (1965). issue should be added to determine the Allen filed a petition for leave to amend These differences must be related to as­ efforts made by Allen to ascertain the its application to reflect the filing of the certained community needs. Chapman community needs of Ocean City. The Leisure City application on December 2, Radio and Television Co., 7 FCC 2d 213, program category percentages in the 1968, but the Bureau states that the re­ 9 RR 2d 635 (1967). In support of its Ocean City and Leisure City applications quested issue should be added in a case request, Salt-Tee relies merely on the are identical, as are the figures for com­ such as this one, where the omission in percentages of time devoted to particu­ mercial matter and public service an­ question bears directly upon a matter lar program categories and fails to dem­ nouncements. Moreover, the survey which must be determined in hearing (in onstrate that such differences stem from evaluations and general programing this case the Suburban issue). In an affi­ ascertained community needs. Such a proposals for both stations are essentially davit attached to his opposition, Allen showing is not sufficient to meet the the same. Both stations would present a notes that his petition to amend was Commission’s prerequisites for a pro­ “middle-of-the-road” music format, in­ granted by the Hearing Examiner on graming inquiry in a comparative pro­ terspersed with spots throughout the day February 11,1969, contends that his mis­ ceeding and, therefore, the requested is­ and with no particular program titles. take was innocent and due to his initial sue will not be added to this proceeding. Both stations will present only local failure to retain counsel in connection 14. Accordingly, it is ordered, That news. These circumstances raise a serious with the preparation of either applica­ the petition to enlarge issues, filed Jan­ question as to whether Allen has made tion, and states, that as soon as he re­ uary 27, 1969, by Salt-Tee Radio, Inc., is the required effort to ascertain the com­ tained counsel, he followed counsel’s granted to the extent indicated below munity needs of Ocean City,6 and the ap­ advice to amend his Ocean City and is denied in all other respects; and plicant has not responded with an application. 15. It is further ordered, That the is­ adequate showing that the actual pro­ 11. Although Allen' appears to have sues in this proceeding are enlarged by grams, as distinct from the program technically violated § 1.65 of the rules, the addition of the following issues: percentages and format, will be tailored his petition to amend was submitted only (1) To determine whether the staff to the distinct needs of the separate com­ 2 weeks late and was filed voluntarily be­ proposed by Lester H. Allen is adequate munities, or that the communities are fore Salt-Tee filed the instant petition to to effectuate his proposed operation. so alike as to account for the similarities enlarge issues. The mistake appears to (2) To determine the efforts made by in programing proposals.® Even apart have been innocent and we have no valid Lester H. Allen to ascertain the commu­ from the similarities between the Ocean reason for questioning Allen’s sworn dis­ nity needs and interests of the area to be City and Leisure City applications, Al­ claimer of any intention to withhold ¡served and the means by which the len’s program surveys are inadequate. information from the Commission. Since applicant proposes to meet those needs Both Minshall Broadcasting Co., Inc., Salt-Tee has failed to respond to Allen’s and interests; and supra, and the Commission’s public no­ disclaimer and since the above-noted 16. It is further ordered, That the tice of August 22, 1968, FCC 68-847, 13 circumstances sufficiently distinguish burdens of proceeding with the intro­ RR 2d 1903, speak in terms of ascertain­ this case from Vernon Broadcasting Co., duction of evidence and proof under the ing “community needs”, but the appli­ supra, we fail to see how the apparent above issues will be on Lester H. Allen. cant’s surveys were conducted in the violation could be of any decisional context of program preferences and sug­ significance, and the section 1.65 issue Adopted: April 29,1969. gestions. This is indicated both by the will not be added. Released: April 30,1969. Comparative P rograming Issue F ederal Communications BCf. Vernon Broadcasting Co., 12 FCC 2d 946, 13 RR 2d 245 (1968) . 12. Finally, petitioner requests a com­ Commission 6 Ocean City has a population of 7,618 andparative programing issue on the ground [seal] B en F. Waple, a standard broadcast station. Leisure City that its proposal differs substantially Secretary. has a population of 3,001 and no broadcast from Allen’s proposal. As examples, it [F.R. Doc. 69-5346; Filed, May 2, 1969; station of any kind. points to the fact that it proposes to 8:49 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969

l 7304 NOTICES proposes to continue the sale of natural will be made in interstate commerce sub­ gas heretofore authorized in said docket ject to the jurisdiction of the Commis­ FEDERAL MARITIME COMMISSION as operator in lieu of American Petrofina sion; and such sales by Applicants, to­ lNo. 69-18] Company of Texas which formerly oper­ gether with the construction and opera­ tion of any facilities subject to the juris­ NORTH ATLANTIC CONTINENTAL ated the properties. The predecessor operator’s rate schedule, American Petro­ diction of the Commission necessary FREIGHT CONFERENCE fina Company of Texas (Operator), et al., therefor, are subject to the requirements Sîrike Surcharges— North Atlantic/ FPC C5as Rate Schedule No. 71, will be of subsections (c) and (e) of section 7 Continent Trades; Rescheduling of redesignated as that of Applicant. The of the Natural Gas Act. presently effective rate under said rate (3) Applicants are able and willing Filing Dates schedule is in effect subject to refund in properly to do the acts and to perform North Atlantic Continental Freight Docket No. RI64-426. Concurrently with the service proposed and to conform to Conference has requested an enlarge­ his certificate application Applicant filed the provisions of the Natural Gas Act ment of time until May 19, 1969, within a motion to make rate increase effective and the requirements, rules and regula- which to file briefs in this proceeding. A in Docket No. RI64-426, together with an tions-of the Commission thereunder. certain extension of time appears war­ agreement and undertaking to assure the (4) The sales of natural gas by Ap­ ranted. Accordingly, requests for hearing refund of any amounts collected by him plicants, together with the construction and affidavits of fact and memoranda of in excess of the amount determined to be and operation of any facilities subject to law shall be filed on or before May 12, just and reasonable in Docket No. RI64- the jurisdiction of the Commission neces­ 1969. Replies thereto shall be filed on or 426. The motion will be construed as a sary therefor, are required by the pub­ before May 22,1969. motion to be made co-respondent in lic convenience and necessity and cer­ Docket No. RI64-426 with respect to sales tificates therefor should be issued as By the Commission. of natural gas made under his FPC Gas hereinafter ordered and conditioned. [seal] Thomas Lisi, Rate Schedule No. 2,1 and the agreement (5) It is necessary and appropriate Secretary. and undertaking will be accepted for in carrying out the provisions of the jFJt. Doc. 69-5311; Filed, May 2, 1969; filing. Natural Gas Act that Dockets Nos. CI69- 8:46 a.m.] The Commission’s staff has reviewed 767 and CI69-785 should be canceled and each application and recommends each that the applications filed therein should action ordered as consistent with all sub­ be treated as petitions to amend the or­ stantive Commission policies and re­ ders issuing certificates in Dockets Nos. FEDERAL POWER COMMISSION quired by the public convenience and CI65-904 and CI66-939, respectively. necessity. (6) It is necessary and appropriate in [Docket No. G-3329, etc.] After due notice by publication in the carrying out the provisions of the Natural ESTATE OF FRANCIS W. SCOTT ET AL. F ederal R egister, petitions to intervene Gas Act that Docket No. CI69-796 by The Brooklyn Union Gas Co., and should be canceled and that the applica­ Findings and Order Consolidated Edison Company of New tion filed therein should be treated as an amendment to the application in April 25, 1969. York, Inc., were filed in Docket No. CI69- 646, in the matter of the application filed Docket No. CI68-23. Findings and order after statutory on January 13, 1969, in said docket. The (7) It is necessary and appropriate in hearing issuing certificates of public con­ petitions have been withdrawn, and no carrying out the provisions of the Natural venience and necessity canceling docket other petitions to intervene, notices of Gas Act and the public convenience and numbers, amending orders issuing cer­ intervention, or protests to the granting necessity require that the orders issu­ tificates, permitting and approving aban­ ing certificates of public convenience and donment of service, terminating certifi­ of any of the applications have been filed. necessity in Dockets Nos. G-274, G-332Ó, cates, making successor co-respondent, G-3784, G-11918, G-11922, CI60-224, accepting agreement and undertaking for At a hearing held on April 23, 1969, CI60-418, CI60-467, CI61-1299, CI61- filing, and accepting related rate sched­ the Commission on its own motion re­ 1405, CI61-1773, CI63-603, CI64-725, ules and supplements for filing. ceived and made a part of the record in CI65—375, CI65-904, CI65-1145, CI66-939, Each of the Applicants listed herein this proceeding all evidence, including CI66-1077, CI66-1093, CI67-66, CI67-490, has filed an application pursuant to sec­ the applications and petitions, as sup­ CI67-1589, CI67-1780, CI67-952, CI68- tion 7 of the Natural Gas Act for a certifi­ plemented and amended, and exhibits 650, CI68-656, CI68-1148 and CI69-276 cate of public convenience and necessity thereto, submitted in support of the au­ should be amended as hereinafter or­ authorizing the sale and delivery of nat­ thorizations sought herein, and upon dered and conditioned. ural gas in interstate commerce or for consideration of the record, (8) The sales of natural gas proposed permission and approval to abandon The Commission finds: to be abandoned as hereinbefore de­ service or a petition to amend an order (1) Each Applicant herein is a “nat­ scribed and as more fully described in issuing a certificate, all as more fully set ural-gas company” within the meaning the applications and in the tabulation forth in the applications and petitions, of the Natural Gas Act as heretofore herein are subject to the requirements of as supplemented and amended. found by the Commission or will be en­ subsection (b) of section 7 of the Natural Applicants have filed related FPC gas gaged in the sale of natural gas in in­ Gas Act. rate schedules or supplements thereto terstate commerce for resale for ultimate (9) The abandonments proposed by and propose to initiate, abandon, add to, public consumption, subject to the juris­ Applicants herein are permitted by the or discontinue in part natural gas service diction of the Commission, and will, public convenience and necessity and in interstate commerce as indicated in therefore, be a “natural-gas company” should be approved as hereinafter the tabulation herein. All sales certifi­ within the meaning of the Natural Gas ordered. cated herein are at rates either equal to Act upon the commencement of service (10) It is necessary and appropriate in or below the ceiling prices established by under the authorizations hereinafter carrying out the provisions of the Natural the Commission’s statement of general granted. policy No. 61-1, as amended, or involve Gas Act that the certificates heretofore sales for which permanent certificates (2) The sales of natural gas herein­ issued to Applicants relating to the have been previously issued; except that before described, as more fully described abandonments hereinafter permitted and sales from areas for which area rates in the applications in this proceeding, approved should be terminated or that have been determined are authorized to the orders issuing said certificates should be made a t or below the applicable area 1 By order Issued Oct. 7, 1966, in Docket No. be amended by deleting therefrom au­ base rates, adjusted for quality of the gas, G—4581 et al., Applicant was made co­ thorization to sell natural gas from the respondent in tite proceeding pending in subject acreage. and under the conditions prescribed in Docket No. BI64-426 with respect to sales the orders determining said rates. made by him pursuant to his FPC Gas Rate (11) It is necessary and appropriate in John L. Harlan, Trustee (Operator), Schedule No. 1 during a previous term' as carrying out the provisions of the Nat­ et al., Applicant in Docket No. CI60-467, operator of the subject properties. ural Gas Act that John L. Harlan, Trust-

FEDERAL REGISTER, VOI. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7305 * ee (Operator), et al., should be made including tax reimbursement, and sub­ CI65-691 shall be made pursuant to the co-respondent in the proceeding pending ject to B.t.u. adjustment. In the event authorization granted in Docket No. in Docket No. RI64-426 and that the that the Commission amends its state­ CI63-603 in paragraph (G) above, and agreement and undertaking submitted ment of general policy No. 61-1, by ad­ the certificates heretofore issued in by him in said proceeding should be ac­ justing the boundary between the Okla­ Dockets Nos. CI64-754 and CI65-691 are cepted for filing. homa Panhandle area and the Okla­ terminated. (12) It is necéssary and appropriatehoma “Other” area so as to increase the (I) The sale heretofore authorized to in carrying out the provisions of the initial wellhead price for new gas, Appli­ be made in Docket No. G-8411 shall be Natural Gas Act that the PPC gas rate cants thereupon may substitute the new made pursuant to the authorization schedules and supplements related to rates reflecting the amounts of such in­ granted in Docket No. CI69-276 in para­ the •authorizations hereinafter granted creases and thereafter collect the new graph (G) above, and the certificate should be accepted for filing. rates prospectively in lieu of the initial heretofore issued in Docket No. G-8411 The Commission orders: rate herein authorized in said dockets. is terminated. (A) Certificates of public convenience (b) Applicant in Docket No. CI69-684 (J) The authorization granted in and necessity are issued upon the terms shall not require buyer to take-or-pay for Docket No. G-11922 in paragraph (G) and conditions of this order authoriz­ an annual quantity of gas during the above shall not be construed to relieve ing sales by Applicants of natural gas first two contract years which is in ex­ Applicant of any refund obligations in­ in interstate commerce for resale, to­ cess of an average of 1 Mcf per day for curred in the related rate suspension gether with the construction and opera­ each 3,650 Mcf of determined gas re­ proceeding pending in Docket No. RI68-2. tion of any facilities subject to the juris­ serves or the specified contract quantity, (K) The order issuing a certificate in diction of the Commission necessary whichever is the lesser amount. This con­ Docket No. G-3784 is amended to include therefor, all as hereinbefore described dition shall remain in effect pending authorization to sell low pressure gas and as more fully described in the appli­ further Commission order in the subject heretofore authorized to be sold pursuant cations and in the tabulation herein. docket or in other matters relating to the to the certificate issued in Docket No. (B) The certificates granted in para­ buyer’s take-or-pay obligation under the G-8409 and the certificate heretofore graph (A) above are not transferable and subject contract. issued in Docket No. G-8409 is termi­ shall be effective only so long as Appli­ (c) The initial rate for the sale au­ nated. cants continue the acts or operations thorized in Docket No. CI65-1145 shall be (L) The orders issuing certificates in hereby authorized in accordance with the 15 cents per Mcf at 14.65 p.s.i.a. includ­ Dockets Nos. G-2742, G-11918, CI60-418, provisions of the Natural Gas Act and ing tax reimbursement. CI61-1299, CI61-1773, CI66-1093, and the applicable rules, regulations, and or­ (d) The initial rate for the sale au­ CI67-952 are amended by deleting there­ ders of the Commission. thorized in Docket No. CI69-628 shall be from authorization to sell natural gas (C) The grant of the certificates 15 cents per Mcf at 14.65 p.s.i.a. Appli­ from acreage assigned to Applicants in issued in paragraph (A) above shall not cant shall file a revised billing, statement Dockets Nos. CI69-789, CI69-646, CI69- be construed as a waiver of the require­ as required by the Natural Gas Act to 703, CI69-811, CI69-769, CI69-783, and ments of section 4 of the Natural Gas Act reflect the 15 cents rate. CI69-833, respectively. or of Part 154 or Part 157 of the Commis­ (e) The initial rate for the sale au­ (M) The orders issuing certificates in sion’s regulations thereunder and is with­ thorized in Docket No. CI67-66 shall be Dockets Nos. G-3329, CI65-375, CI65- out prejudice to any findings or orders 17 cents per Mcf at 14.65 p.s.i.a., includ­ 904, and CI67-490 are amended by sub­ which have been or which may hereafter ing tax reimbursement, and subject to stituting the successors in interest as cer­ be made by the Commission in any pro­ B.t.u. adjustment. tificate holders. ceedings now pending or hereafter in­ (f) The initial rate for the sale au­ (N) The order issuing a certificate in stituted by or against Applicants. Fur­ thorized in Docket No. CI69-646 shall be Docket No. CI60-467 is amended to re­ ther, our action in this proceeding shall 17 cents per Mcf at 15.025 p.s.i.a. Appli­ flect the change in operator as indicated not foreclose nor prejudice any future cant shall file three copies of a revised in the tabulation herein. proceedings or objections relating to the billing statement as required by the Na­ operation of any price or related provi­ tural Gas Act to reflect the 17 cents rate. (O) Permission for and approval of sions hi the gas purchase contracts herein If Applicant desires to collect the 18.5 the abandonment of service by Appli­ involved. Nor shall the grant of the cer­ cents rate it must file three copies of a cants, as hereinbefore described, all as tificates aforesaid for service to the par­ notice of change in rate under section 4 more fully described in the applications ticular customers involved imply ap­ of the Natural Gas Act. and in the tabulation herein are granted. proval of all of the terms of the con­ (g) The initial rate for the sale au­ (P) Permission for and approval of tracts, particularly as to the cessation of thorized in Docket No. CI69-728 shall be the abandonment in Docket No. CI69-457 service upon termination of said con­ 18.75 cents per Mcf at 15.025 p.s.i.a., in­ shall not be construed to relieve Appli­ tracts as provided by section 7(b) of the cluding tax reimbursement. Further, the cant of any refund obligations incurred Natural Gas Act. The grant of the cer­ certificate is conditioned by limiting the in the related rate suspension proceed­ tificates aforesaid shall not be construed buyer’s daily take-or-pay obligation to a ings pending in Dockets Nos. RI60-318 to preclude the imposition of any sanc­ 1 to 7,300 ratio of takes to reserves. and RI65-341. tions pursuant to the provisions of the (h) The authorizations granted in (Q) Permission for and approval of the Natural Gas Act for the unauthorized Dockets Nos. CI67-66, CI69-628, CI69- abandonment in Docket No. CI69-800 commencement of any sales of natural 684, and CI69-758 are conditioned upon shall not be construed to relieve Appli­ gas subject to said certificates. any determination which may be made in cant of any refund obligations which may (D) The grant of the certificates is­ the proceeding pending in Docket No. be ordered in the related rate suspen­ sued herein on certain applications filed R-338 with respect to the transportation sion proceeding pending in Docket No. after July 1, 1967, is upon the condition of liquefiable hydrocarbons, RI63-116. that no increase in rate which would ex­ (F) Dockets Nos. CI69-767, CI69-785, (R) Permission for and approval of ceed the ceiling prescribed for the given the abandonment in Docket No. CI69- area by paragraph (d) (3) of the Com­ and CI69-796 are canceled. (G) The orders issuing certificates in 813 shall not be construed to relieve mission’s statement of general policy Applicant of any refund obligations in No. 61-1, as amended, shall be filed prior Dockets Nos. G-11922, CI60-224, CI61- 1405, CI63-603, CI64-725, CI65-1145, the related rate suspension proceedings to the applicable date indicated in the pending in Dockets Nos. G-19661, RI61- tabulation herein. CI66-939, CI66-1077, CI67-66, CI67-1589, CI67-1780, CI68-650, CI68-656, CI68- 114, RI62-113, RI64-210, RI65-276, and (E) The certificates issued herein and RI66-98. the amended certificates are subject to 1148, and CI69-276 are amended by adding thereto or deleting therefrom au­ the following conditions: 2 Complete succession with respect to Phila­ (a) Sales authorized in Dockets Nos. thorization to sell natural gas as de­ delphia Oil Co., PPC Gas Rate Schedule CI64-725, CI67-1780, CI69-684, and scribed in the tabulation herein. No. 3 and partial succession with respect to CI69-758 shall be made at the Initial (H) The sales heretofore authorized to the “Grandfather” certificate in Docket No. rate of 15 cents per Mcf at 14.65 p.s.i.a., be made in Dockets Nos. CI64-754 and G-274.

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 refunding and reporting procedure re­ 7306 (S) Permission for and approval of FPC rate schedule to be accepted the abandonment are granted in Docket quired by the Natural Gas Act and § 154.- Docket No. and Applicant Purchaser, field, and No. CI68-23 and the temporary certifi­ 102 of the regulations thereunder, and date filed location Description and date of No. Supp. cate heretofore issued in said docket is the agreement and undertaking filed by document tèrminated. him in Docket No. RI64-426 with respect CI63-603...... Sinclair Oil Corp. Lone Star Gas Co., East Amendment 4-1-68 * «*___ 239 9 (T) The certificates heretofore issued to sales made pursuant to his FPC Gas (CI65691) (Operator) et al. Doyle Field, Stephens in Dockets Nos. G-8483, G-14909, and Rate Schedule No. 2 shall remain in full C 2-2669 County, Okla. CI62-1317 are terminated. force and effect until discharged by the CI63-603... Amendment 5-8-68 «*_____ 239 10 (CI64-754) Amendment 11-20-68 4 «* 239 11 (U) John L. Harlan, Trustee Commission. C 2-24-69 (Operator), et al., is made co-respond­ CI64-725__ 4, Samedan Oil Coro. Michigan Wisconsin Pipe Amendatory agreement 17 13 (W) The rate schedules and rate C 12-24-68* (Operator) et al. . Line Co., Woodward 11-15-68. ent in the proceeding pending in Docket schedule supplements related to the Area, Dewey County, Compliance 3-569 * «*____ 17 14 No. RI64-426 with respect to sales of authorizations granted herein are ac­ Okla. CÏ65-376...... J. D. King Operating Arkansas Louisana Gas W. R. Hughey Operating 1 natural gas made pursuant to his FPC cepted for filing or are redesignated, all E 2-17-69 Co. (successor to W. Co., Clinton Lake Co. et al., FPC GRS Gas Rate Schedule No. 2 and the agree­ as described in the tabulation herein. R. Hughey Operating Field, Marion County, N o. 1. ment and undertaking submitted by him Co. et al.). Tex. Supplement Nos. 1-2_____ 1 1-2 Notice of succession in said docket with respect to such sales By the Commission. 2-14-69. is accepted for filing. Assignment 11-1-68 18...... 1 3 [seal] G ordon M. Grant, Effective Date: 11-1-68...... (V) John L. Harlan, Trustee CI65604...... Yale Oil Association Consolidated Gas Supply Ramsey Associated Pe­ 3 (Operator), et al., shall comply with the Secretary. (CI69-767) (successor to Ramsey Corp-, Glenville Dis­ troleum, Ltd., FPC E 2-17-69 «* Associated Petroleum, trict, Gilmer County, G R S N o. 1. Ltd.). W.Va. N otice of succession FPC rate schedule to be accepted 11-21-68. Docket No. Applicant Purchaser, field and ■ ■■ ------*——------—------Assignment 11-2168_____ ft 1 and date filed location Description and date No. Supp. Effective date: 11-21-68____ of document CI65-1145__ Pan American Petrol­ Arkansas Louisiana Gas Supplemental agreement 419 l i C 2-24-69« eum Corp- w Co., Cartersville Field, 1-2869. LeFlore County, Okla. Statement and agreement 419 I t o 14 G-3329.Estate of Francis W. United Gas Pipe Line Francis W. Scott, FPC 1 _ 2-1969 * «». E 2-5-139 Scott (successor to Co., Carthage Field, GRS No. 2. CI66-939-...... D. R. Lauck Oil Co., Northern Natural Gas Agreement 10-1768______5 3 Francis W. Scott). Panola County, Tex. Supplement Nos. 1-15...... 1 1-15 (CI69-785) Inc. (Operator), et al. Co., Wil Field, Edwards Agreement 1-2769 * 5 4 Notice of succession C 2-19-69 « » County, Kans. 2-1-69.« John C. Oxley et al____ Arkansas Louisiana Gas Am endm ent 2-1069____.. 1 ft

CI66-1077...... NOTICES Effective date: 6-28-67..... C 2-24-69* Co., South Pocola Field, G-3329...... do...... Texas Gas Transmission Francis W. Scott, FPC 2 .. LeFlore County, Okla. E 2-5-69 Corp., Carthage Field, GRS No. 3. CI67-66...... Amerada Petroleum Panhandle Eastern Pipe Amendment 11-1868_____ 188 8 Panola County, Tex. Supplement Nos. 1-9____ 2 1-9 C 1-9-69* Corp. Line Co., South Peek Compliance 2-2769 * **___ 138 9 Notice of succession Field, Ellis County, 2-1-69.« Okla. Effective date: 6-2867___ CI67-490-... A. C. Radford et al. United Fuel Gas Co., Zogg & Zogg Inc., 10 . G-3784...... Sohio Petroleum Co. Transcontinental Gas (2) 133 .. E 2-19-69 (successor to Zogg & Louden District. F P C G R S N o. 2. (G-8409) (successor to Blanco Pipe Line Corp., Greta Zogg, Inc.) Kanawha County, Supplement Nos. 1-3...... 10 16 C 1-24-691 Oil Co.). Field, Refugio County, W .Va. Notice of successsion T?©x 12-2668. G-11922___. .. .. Humble Oil & Refining Panhandle Eastern Pipe Amendment 10-1-68 **.... •204 11 Assignm ent 7-2968...... 10 4 D 11-6-68 Co. Line Co., Taloga Field, Effective date: 7-2968...... Morton County, Elans. CI67-1589— - Southwest Oil Northern Natural Gas Supplemental agreement 6 1 CI60-224...... Bridwell Oil C o...... Texas San Juan Oil Amendment 11-12-68____ 7 2 C 1-10-69 * Industries, Inc. Co., Mocane-Laveme 7-2568.* C 2-11-69 • Corp., Miller and Fox Amendment 2-24-697 *__ 7 3 Field, Beaver County, Fields, Duval County, . Okla. Tex. CI67-1780---- Humble Oil

FEDERAL REGISTER, VO L 34, 85— SATURDAY, MAY 3, 1969 FPC rate schedule to be accepted FPC rate schedule to be accepted Docket No. and Applicant Purchaser, field, and Docket No. and Applicant Purchaser, field, and date filed location Description and date of No. Supp. date filed location Description and date of N o. Supp. document document

CI60-628... Charles E. McRay_„___ Arkansas Louisiana Qas Contract 2-26-68______1 ...... CI69-811...... D avid A . Paschket Consolidated Gas Supply Contract 1-17-6148_...... 1 ...... A 1-2-68 Co., Mazzard Prairie Contract 10-21-63...... 1 l (CI61-1299) (successor to Benco Corp., Freemans Creek Assignment 8-17-6848. 1 1 Field, Sebastan Compliance 3-4-698 80___ 1 2 F 2-25-69 Drilling Co., Inc.). District, Lewis County, Assignment 8-21-68 88 . 1 2 County, Ark. W .V a. Assignment 11-14-6884___ 1 3 CI69-646__ Shell Oil Co. (successor United Gas Pipe Line Contract 1-13-49 84 _...... 365 ...... Effective date: 11-14-68___ (G-11918) to Mobil Oil Corp.). Co., Iowa Field, Cal­ Amendment 11-1-51____ 365 i CI69-813...... Mobil Oil Corp. (Op­ Hassie Hunt Trust, Notice of cancellation »160 F l-ia-69 casieu Parish, La. Amendment 5-29-58 ...... 365 2 (G-14909) erator) et al. Lisbon Field, Claiborne 2-27-69.4 28 Letter agreement 12-1-58.. 365 3 B 2-28-69 Parish. La. Amendment 8-6-59 ...... 365 4 CI69-833— ...... Phillips Petroleum Co. United Gas Pipe Line Contract 1-24-67 84...... 466 ...... Assignment 6-28-6888___ 365 5 (CI67-952) (successor to Humble Co., West Bryceland Assignment 1-31-69 88____ 466 1 Effective date: 7-1-67...... F 1-27-69 88 Gil & Refining Co.). Field, Bienville Effective date: 2-1-69______CI69-684______Tenneco Oil Co.38___ Panhandle Eastern Pipe Contract 12-11-68 8...... 233 __ Parish, La. A 1-23-69« Line Co., Bodenschatz Unit, Cherokee Area, Alfalfa County, Okla. 1 Reflects death of Francis W. S cott on June 28,1967. CI69-703...... Petroleum, Inc. \ Panhandle Eastern Pipe Contract 3-24-6084_____ 53_____ 2 Sohio proposes in Docket No. G-3784 to continue pursuant to its FPC GRS No. 133 the sale of low pressure gas (CI60-418) (successor to Cìtiès Line Co., South Amendment 11-4-60...... 53 i heretofore authorized in Docket No. G-8409 to be made pursuant to Blanco Oil Co.’s FPC GRS No. 2. Sohio’s rate F 1-21-69 Service Oil Co.), Guymon Field, Texas Amendment 5-6-64...... 53 2 schedule presently provides for the subject service. The certificate heretofore issued in Docket No. G-8409 will be as amended County, Okla. Lease 11-26-68 85_...... 53 3 terminated. 2-20-69 Assignment 11-26-68888-- 53 4 8 Production of gas no longer economically feasible. CI60-41888...... Cities Service Oil Co. __ do.:______Lease 11-26-68 38_...... 138 '5 4 Effective date: Date of this order. Assignment 11-26-684 88-- 138 6 8 Rate of 17.5 cents effective subject to refund in Docket No. RI68-2. «Jan. 1, 1970, moratorium pursuant to the Commission’s statement of general policy No. 61-1, as amended: 7 Provides that buyer will have 5 years to make up gas paid for but not taken. CI69-728__ Belle Bower Producing Texas Eastern Trans­ Contract 12-1-68____ ... 1 ...... 8 Effective date: Date of initial delivery (Applicant shall advise the Commission as to such date).1 A 2-5-69 « Co., Inc. mission Corp., Grand Compliance 3-3-698 87__ 1 i 8 Amendment to the certificate to reflect the change in operator. Cane Area, De Soto 10 Assignment of interest to Helmerich & Payne, Inc., and Southern Natural Gas Co. Helmerich & Payne, Inc.; Parish, La. et al., has advised by letter of Apr. 1, 1969, that no well has been drilled and no filings will be made. CI89-742...... James W. Staples. United Gas Pipe Line Contract 11-1-68....__ _ 1 11 Assignment of interest to Aikman Bros. Corp. A 12-3-68 6 Co., Mud Hill Field, 12 Supersedes Inez Calmes, executrix of the estate of Kermit W. Calmes, deceased, FPC GRS No. 1, Docket No: Bee County, Tex. CI65-691 which will be terminated. Adds acreage acquired by assignment of Nov. 8,1967, from Inez Calmes. CI69-758___ G. M. Close (operator) Panhandle Eastern Pipe Contract 1-17-698 38 »...... 4 18 Supersedes Warren Shear FPC GRS No. 1, Docket No. CI64-754 which will be terminated. Adds acreage ac­ A 2-13-69 « et al. Line Co., Oakdale quired by assignments of Apr. 1,1968, from Warren Shear. Area, Woods County, 44 Amends basic, contract to provide for 5-year makeup period for acreage dedicated by amendments of Apr. 1.1968 NOTICES Okla. and May 8,1968. CI69-769...... Rex Monahan (successor Kansas-Nebraska Natural Contract 6-6-6888b...... 10...... 18 B y letter of Feb. 12,1969, attached to Supplement, Applicant accepts temporary certificate issued Feb. 7,1969, (CI61-1773) to Sohio Petroleum Gas Co., Inc., Surveyor Assignment 4-23-6888____ 10 î and states willingness to accept permanent authorization for the additional acreage conditioned to an initial rate of F 2-17-69 Co.). Creek Field, Washing­ Effective date: 5-1-68...... 15 cents per Mcf at 14.65 p.s.i.a. including tax reimbursement, plus B.t.u. adjustment. ton County, Colo. 18 From W. R. Hughey Operating Co. et al., to Applicant. CI69-779—1_. Sohio Petroleum Co. Northern Natural Gas Contract 1-24-69.______150...... 17 Application erroneously assigned Docket No. CI69-767 will be treated as a petition to amend the order issuing A 2-14-69 « (Operator) et al. Co., Northwest Wood­ a certificate in Docket No. CI65-904 and Docket No. CI69-767 will be canceled. ward Area, Woodward 18 Contract provides for 16.015 cents per M cf, including 0.015-cent tax reimbursement; however, Applicant proposes County, Okla. a rate of 15 cents per M cf. CI69-783...... Hassie Hunt Trust Texas Gas Transmission Contract 3-11-66 40_ .... 38 48 Provides for 5-year makeup period for prepaid gas as to acreage under supplemental agreement of Jan. 28, 1969, (CI66-1093) (successor to G. H. Corp., Northeast Lisbon Assignment 12-13-688 41.. . 38 Ï in lieu of contractual 2-year makeup period. F 2-20-69 Vaughn, Jr. and Field, Claiborne Parish, 28 Application erroneously assigned Docket No. CI69-785 will be treated as a petition to amend the order issuing Jack C. Vaughn La. a certificate in Docket No. CI66-939 and Docket No. CI69-785 will be canceled. (Operators) et al.). 24 Amends basic contract to provide for a 5-year makeup period for prepaid gas. This amendment applies only to CI69-784...... Oklahoma Natural Gas Northern Natural Gas Contract 2-7-69 8...... 35 . . . . __ the Oct. 17, 1968, agreement and to acreage committed after Oct. 17,1968. A 2-24-69 « Co. (Operator) et al. Co., Ivanhoe Field, 22 Complies with temporary certificate issued Feb. 14, 1969; Applicant states willingness to accept permanent Beaver County, Okla. authorization for the additional acreage conditioned to an initial rate of 17 cents, including tax reimbursement, plus CI69-789...... Colonial Oil and Gas Equitable Gas Co., Clay Philadelphia Oil Co. 1 ...... B.t.u. adjustment and subject to the ultimate disposition of the proceeding in Docket No. R-338. (G-274) Corp. (successor to District, Monongalia (Contract No. 4181) 28 Accepts conditioned temporary certificate issued Feb. 28, 1969; Applicant states willingness to accept permanent F 2-20-69 42 Philadelphia Oil Co.). County, W. Va. FPC GRS No. 3. authorization for the additional acreage conditioned to an initial rate of 15 cents per Mcf at 14.65 p.s.i.a. subject to Supplement No. 1...... 1 1 B.t.u. adjustment. Notice of succession ...... 24 No permanent certificate granted in Docket No. CI68-23; therefore, the application filed in Docket No. CI69-796 2-17-69. will be treated as an amendment to the application in Docket No. CI68-23, Docket No. CI69-796 will be canceled Supplemental agreement 1 2 and the temporary certificate in Docket No. CI68-23 will be terminated. 7-10-68 «. 26 Source of gas depleted. Assignment 7-10-6844____ 1 3 28 Dedicates casinghead gas to basic contract. Superseding contract 1 4 27 Assigns the Welch Lease, which completes the succession, from Bowser to Haught; therefore, the certificate (No. 6250) 7-25-68.« heretofore issued in Docket No. G-8411 will be terminated. Assignment 8-8-68 «...... 1 5 28 Acreage assigned to Panhandle Eastern Pipe Line Co.; the consideration was $500 for remaining reserves of Effective date: 8-8-68_...... 38,000 M cf (1.32 cents per Mcf). CI69-791...... Cayman Corp., Ltd...... liiichigan Wisconsin Pipe Contract 2-4-69 8...... 4 ...... 28 Rate of 13 cents in effect subject to refund in Docket No. RI65-341 and 12 cents rate effective subject to refund A 2-26-69 • Line Co., Laveme in Docket No. RI60-318. Field, Harper County, 80 Complies with temporary certificate issued Feb. 14, 1969; Applicant states willingness to accept a permanent Okla. certificate conditioned to an initial rate of 15 cents and subject to the ultimate disposition of the proceeding in Docket CI69-800...... Midwest Oil Corp. United Fuel Gas Co., Notice of cancellation 47 26 5 N o. R—338. (CI62-1317) (Operator) et al. South Thomwell Field, 2-18-69.4 28 34 Basic contract between Mobil, as seller and United, as buyer; currently on file as Mobil’s FPC GRS No. 24» B 2-24-69 Jefferson Davis Parish, 82 Transfers acreage from Mobil to Shell insofar as it pertains to the 14FV Sand. La. 38 Applicant’s original filing provides for 17 cents per Mcf plus B.t.u. adjustment; by letter filed Feb. 24, 1969, See footnotes at end of table. Applicant indicated its willingness to accept a permanent certificate conditioned to an initial rate of 15 cents per Mcf plus B.t.u. adjustment and subject to the outcome of the proceedings in Docket No. R-338. By letter filed Mar. 6,1969, 7307 FEDERAL REGISTER, VOL. 34, No. 85----- 6 85— SATURDAY, MAY 3, 1969 7308 NOTICES

Applicant also agreed to accept a condition to limit the buyer’s take-or-pay requirement so as not to exceed a ratio o f authorized by said order at locations 1 to 3,650 during the first 2 contract years. 34 Also on file as Cities Seryioe Oil Co. FPC GRS No. 138. short distances upstream from the lo­ 33 Conveys certain interests to Petroleum, Inc., from Cities Service Oil Co. cations shown in the original application » No certificate filing made or necessary; only the related rate filing is being accepted for filing by this order. n Complies with temporary certificate issued Feb. 28, 1969; Applicant states willingness to accept a permanent in this proceeding and to postpone to certificate conditioned to an initial rate of 18.75 cents per Mcf including tax reimbursement and limiting the buyer’s 1970 the construction and operation of take-or-pay obligation to a 1 to 7,300 reserves ratio. «* Contract rate is 17 cents per Mcf; however, Applicant is willing to accept a permanent certificate at the rate of the authorized loop crossings of the Ken­ 15 cents per Mcf. Applicant is also willing to accept authorization conditioned to the ultimate disposition of the tucky and Cumberland Rivers, all as more proceeding in Docket No. R-338. fully set forth in the petition to amend 88b partially supersedes Apr. 14,1959 contract presently on file as Sohio Petroleum Co. FPC GRS No. 144 (formerly Conroy, Inc., FPC GRS No. 2). which is on file with the Commission 38 Partial assignment from Conroy, Inc., to Rex Monahan. Remaining acreage assigned to Sohio by conveyance and open to public inspection. dated June 15,1958. 40 Also on file as G. H. Vaughn, Jr., and Jack C. Vaughn (Operators) et al., FPC GRS No. 10. . The order of March 17, 1969, among 41 Conveys interest from Vaughn Petroleum, Inc., et al., to Hassie Hunt Trust. other things, authorized Petitioner to 41 Complete succession to Philadelphia’s FPC GRS No. 3 and partial succession to the “ Grandfather" certificate in Docket No. G-274 which covers other sales. construct and operate 10 main line loops 43 Cancels that portion of the basic contract pertaining to one depleted and abandoned lease. of 36-inch pipe totaling approximately 44 From Philadelphia to Joseph H . Goth, Jr. 268 miles. Three of the proposed loops 44 Between Goth and Equitable Gas Co. 44 From Goth to Colonial Oil & Gas Corp. are crossings of the Kentucky, Cumber­ 47 Rate of 20.7 cents effective subject to refund in Docket No. RI63-116. By Commission order dated Jan. 7,1964, in land, and Ouachita Rivers. Petitioner Docket No. G-13221, et al.,.the Commission approved Midwest’s initial settlement rate of 20.3 cents. 43 Between Pace Bower Construction Co., seller and Hope Natural Gas Co. (now Consolidated), buyer; also states that as a result of continuing to on file as Benco Drilling Co., Inc., FPC GRS No. 1. develop the engineering design of the 48 From Benco Drilling Co., Inc. (assignee of Pace Bower Construction Co. as of July 18,1966) to E. N. Clark. 30 From E. N. Clark to Petroleum Enterprises. proposed facilities, four of the loops are 31 From Thomas R. Little, one of the two partners in Petroleum Enterprises, to Applicant. proposed to be constructed in more ad­ 33 Rate of 14.9866 cents effective subject to refund in Docket No. RI66-98. Prior rate proceedings pending in Dockets vantageous locations. Further, Petitioner Nos. RI65-276, RI64-210, RI62-113, RI61-114,and G-19661. 33 Application filed and notices as a complete succession, further review reveals that the succession is partial rather states that in order to reduce 1969 con­ than complete: therefore, said application was reassigned Docket No. Cl69-833. struction expenditures, it desires to post­ 34 On file as Humble Oil & Refining Co. (Operator) et al., FPC GRS No. 417. pone the construction of the Kentucky 83 Conveys interest from Humble to Phillips. and Cumberland Rivers’ crossings to the [F.R. Doc. 69—5232; Filed, May 2, 1969; 8:45 a.m.] 1970 construction season. Any persons desiring to be heard or to make any protest with reference to said [Docket No. CP69-273] Persons wishing to become parties to a petition should on or before May 26,1969, proceeding or to participate as a party in file wtth the Federal Power Commission, ARKANSAS LOUISIANA GAS CO. any hearing therein must file petitions Washington, D.C. 20426, petitions to in­ Notice of Application to intervene in accordance with the tervene or protests in accordance with Commission’s rules. the requirements of the Commission’s April 28,1969. Take further notice that, pursuant to rules of practice and procedure (18 CFR Take notice that on April 21, 1969, the authority contained in and subject to 1.8 or 1.10) and the regulations under Arkansas Louisiana Gas Co. (Applicant), the jurisdiction conferred upon the Fed­ the Natural Gas Act (18 CFR 157.10). Post Office Box 1734, Shreveport, La. eral Power Commission by sections 7 and All protests filed with the Commission 71102, filed an application pursuant to 15 of the Natural Gas Act and the Com­ will be considered by it in determining section 7(c) of the Natural Gas Act for mission’s rules of practice and procedure, the appropriate action to be taken but a certificate of public convenience and a hearing will be held without further no­ will not serve to make the protestants necessity authorizing the construction tice before the Commission on this ap­ parties to the proceeding. Persons wish­ and operation of certain natural gas fa­ plication if no petition to intervene is ing to become parties to a proceeding or cilities for the direct sale of natural gas filed within the time required herein, if to participate as a party in any hearing to an industrial customer, all as more the Commission on its own review of the therein must file petitions to intervene fully set forth in the application which matter finds that a grant of the cer­ in accordance with the Commission’s is on file with the Commission and open tificate is required by the public con­ rules. to public inspection. venience and necessity. If a petition for G ordon M. G rant, Specifically, Applicant seeks author­ leave to intervene is timely filed, or if Secretary. ization to construct and operate a tap the Commission on its own motion be­ [F.R. Doc. 69-5302; Filed, May 2, 1969; and delivery facilities on its 8-inch Line lieves that a formal hearing is required 8:45 a.m.] HM-1 in Union County, Ark., to effect the further notice of such hearing will be direct sale of natural gas for industrial duly given. consumption under an industrial gas Under the procedure herein provided [Docket No. CP69-268] sales contract with Gulf Oil Co. for, unless otherwise advised, it will be FLORIDA GAS TRANSMISSION CO. The estimated third year peak day unnecessary for Applicant to appear or and annual sales are 4,000 Mcf and be represented at the hearing. Notice of Application 1,000,000 Mcf, respectively. The total estimated cost of' the pro­ G ordon M. G rant, A pril 28, 1969. posed construction is $1,525, which will Secretary. Take notice that on April 14, 1969, be financed from cash on hand and [F.R. Doc. 69-5301; Filed, May 2, 1969; Florida Gas Transmission Co. (Appli­ short-term loans until included in a 8:45 a.m.] cant), Post Office Box 44, Winter Park, long-term financing issue at a later date. Fla. 32789, filed in Docket No. CP69-268 a Any person desiring to be heard or to “budget-type application” pursuant to make any protests with reference to said [Docket No. CP69-103] section 7 (c) of the Natural Gas Act and application should on or before May 26, § 157.7(b) of the regulations under the 1969, file with the Federal Power Com­ COLUMBIA GULF TRANSMISSION CO. Act for a certificate of public convenience mission, Washington, D.C. 20426, a peti­ Notice of Petition To Amend and necessity authorizing the construc­ tion to intervene or a protest in accord­ tion during the 12-month period com­ ance with the requirements of the April 29,1969. mencing July 1, 1969, and operate vari­ Commission’s rules of practice and pro­ Take notice that on April 18, 1969, ous gas purchase facilities, all as more cedure (18 CFR 1.8 or 1.10) and the reg­ Columbia Gulf Transmission Co. (Peti­ fully set forth in the application which ulations, under the Natural Gas Act (18 tioner), Post Office Box 683, Houston, is on file with the Commission and open CFR 157.10). All protests filed with the Tex. 77001, filed in Docket No. CP69-103 to public inspection. Commission will be considered by it in a petition to amend the Commission’s or­ Specifically, Applicant seeks authori­ determining the appropriate action to be der issued March 17, 1969, in said docket zation to construct during the 12-month taken but will not serve to make the by authorizing Petitioner to construct period commencing July 1, 1969, and op­ Protestants parties to the proceeding. and operate four of the main line loops erate various gas purchase facilities

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7309 which will permit Applicant to augment Outagamie County, Wis., in and near the ing a dam with about 31 feet of head, at its ability to attach to its transmission city of Kaukauna. Enfield Rapids and also navigation, fish system new sources of natural gas sup­ The existing Kaukauna Project con­ passage, and hydroelectric facilities. plies from various producers in the area sists of: A 2,100-foot long, 100-foot wide Any person desiring to be heard or to generally coextensive with the transmis­ power canal conveying water to the ap­ make any protest with reference to said sion system. plicant’s Old Badger and New Badger application should on or before June 17, The total estimated cost of the pro­ plants from the Fox River above the U.S.- 1969, file with the Federal Power Com­ posed facilities will not exceed $1 million, owned upper dam in Kaukauna; Old mission, Washington, D.C. 20426, peti­ with no single project to exceed a cost Badger powerhouse containing two 1,000 tions to intervene or protests in accord­ of $250,000. The cost will be financed kw. generators each connected to a tur­ ance with the requirements of the Com­ from internally generated funds. bine that operates at a 22-foot head; mission’s rules of practice and procedure Any person desiring to be heard or to New Badger powerhouse containing two (18 CFR 1.8 or 1.10). All protests filed make any protest with reference to said 1,800 kw. generators each connected to with the Commission will be considered application should on or before May 23, a turbine that operates at a 24-foot head; by it in determining the appropriate 1969, file with the Federal Power Com­ Rapide Croche powerhouse located about action to be taken but will not serve to mission, Washington, D.C. 20426, a peti­ 4.5 miles downstream from the Badger make the protestants parties to the pro­ tion to intervene or a protest in accord­ plants, using water impounded by the ceeding. Persons wishing to become ance with the requirements of the Com­ U.S.-owned Rapide Croche dam and con­ parties to a proceeding or to participate mission’s rules of practice and procedure taining four 600 kw. generators each as a party in any hearing therein must (18 CFR 1.8 or 1.10) and the regulations connected to a turbine which operates file petitions to intervene in accordance under the Natural Gas Act (18 CFR at a 7.8-foot head; a 12 kv. transmission with the Commission’s rules. The appli­ 157.10). All protests filed with the Com­ line about 4.85 miles long from the cation is on file with the Commission and mission will be considered by it in deter­ Rapide Croche plant to a point near the available for public inspection. mining the appropriate action to be taken Badger plants; and appurtenant facil­ G ordon M. G rant, but will not serve to make the protestants ities. Applicant proposes to make a tract Secretary. parties to the proceeding. Persons wish­ of project land near the Rapide Croche [FJt. Doc. 69-5305; Filed, May 2, 1969; ing to become parties to a proceeding or plant available for recreation. 8:45 a.m.] to participate as a party in any hearing Any person desiring to be heard or to therein must file petitions to intervene make any protest with reference to said [Docket No. E-7477] in accordance with the Commission’s application should on or before June 26, rules. 1969, file with the Federal Power Com­ KANSAS CITY POWER & LIGHT CO. Take further notice that, pursuant to mission, Washington, D.C. 20428, peti­ the authority contained in and subject tions to intervene or protests in accord­ Notice of Application to the jurisdiction conferred upon the ance with the requirements of the April 29, 1969. Federal Power Commission by sections 7 Commission’s rules of practice and pro­ Take notice that on April 21, 1969, and 15 of the Natural Gas Act and the cedure (18 CFR 1.8 or 1.10). All protests Kansas City Power & Light Co. (Appli­ Commission’s rules of practice and pro­ filed with the Commission will be con­ cant) filed an application seeking an cedure, a hearing will be held without sidered by it in determining the appro­ order pursuant to section 204 of the Fed­ further notice before the Commission on priate action to be taken but will not eral Power Act, authorizing the issuance this application if no petition to inter­ serve to make the protestants parties to of short term promissory notes in an vene is filed within the time required the proceeding. Persons wishing to be­ aggregate principal amount not to ex­ herein, if the Commission on its own re­ come parties to a proceeding or to par­ ceed $40 million outstanding at any one view of the matter finds that a grant of ticipate as a party in any hearing therein time. the certificate is required by the public must file petitions to intervene in accord­ Applicant is incorporated under the convenience and necessity. If a petition ance with the Commission’s rules. The the laws of the State of Missouri with for leave to intervene is timely filed, or application is on file with the Commis­ its principal business office in Kansas if the Commission on its own motion be­ sion and available for public inspection. City, Mo., and is engaged in the electric lieves that a formal hearing is required, utility business in the Kansas City metro­ further notice of such hearing will be Gordon M. G rant, Secretary. politan area and parts of 23 counties duly given. in Missouri and Kansas. Under the procedure herein provided [F.R. Doc. 69-5304; Filed, May 2, 1969; Applicant proposes to issue notes to for, unless otherwise advised, it will be 8:45 a.m.] commercial banks and notes in the form unnecessary for Applicant to appear or of commercial paper to commercial paper be represented at the hearing. [Project 2693] dealers and directly to purchasers for Gordon M. G rant, CITY OF HOLYOKE, MASS., GAS & their own accounts. The notes, which will have maturity dates of less than 12 Secretary. ELECTRIC DEPARTMENT months but not later than December 31, [F.R. Doc. 69-5303; Filed, May 2, 1969; 1971, are not to exceed $40 million out­ 8:45 ajn.] Notice of Application for Preliminary Permit for Unconstructed Project standing at any one time. The proceeds from the sale of the notes will be used [Project 2677] April 28,1969. to add funds to Applicant’s working cap­ Public notice is hereby given that ap­ ital for Ultimate application towards thè GREEN BAY & MISSISSIPPI CANAL CO. plication for preliminary permit has cost of gross additions to the utility prop­ been filed under the Federal Power Act erties of the Applicant. Notice of Application for License for (16 U.S.C. 791a-825r) by City,of Hol­ Any person desiring to be heard or to Constructed Project yoke, Gas & Electric Department (cor­ make any protest with reference to said respondence to: F. H. King, Manager, application should on or before May 15, April 28, 1969. City'of Holyoke, Gas & Electric Depart­ 1969, file with the Federal Power Com­ Public notice is hereby given that ap­ ment, 70 Suffolk Street, Holyoke, Mass. mission, Washington, D.C. 20426, peti­ plication for license has been filed under 01040) for unconstructed Project No. tions to intervene or protests in accord­ the Federal Power Act (16 U.S.C. 791a- 2693, to be known as the Enfield Project, ance with the requirements of the Com­ 825r) by Green Bay & Mississippi Canal located on the Connecticut River in mission’s rules of practice and procedure Co. (correspondence to: William J„ Hartford County near Enfield and Hart­ (18 CFR 1.8 or 1.10). All protests filed Schenck, Director, Green Bay & Missis­ ford and in the vicinity of Springfield, with the Commission will be considered sippi Canal Co., 204 West College Avenue, Mass. by it in determining the appropriate Appleton, Wis. 54911) for constructed Applicant proposes to investigate un­ action to be taken but will not serve to Project No. 2677, known as the Kaukauna der any permit issued the feasibility of make the protestants parties to the pro­ Project, located on the Fox River in constructing a multipurpose project hav­ ceeding. Persons wishing to become par-

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7310 NOTICES ties to a proceeding or to participate as The application indicates that Appli­ Harrison County, Tex. (Railroad Dis­ a party in any hearing therein must file cant will acquire the subject facilities at trict No. 6), which was suspended by the petitions to intervene in accordance with Excelsior’s book cost, and that financ­ Commission’s order issued July 23, 1965, the Commission’s rules. The application ing will be through the cancellation of until January 1, 1966. Mapco’s proposed is on file with the Commission and avail­ indebtedness owed to Applicant by rate increase was subsequently permitted able for public inspection. Excelsior. to become effective subject to refund. Mapco proposes to settle its rate pro­ G ordon M. G rant, Any persons desiring to be heard or Secretary. to make any protest with reference to ceeding in Docket No. RI66-20 in accord­ said application should on or before ance with the Second and Ninth Amend­ [F.R. Doc. 69-5306; Filed, May 2, 1969; May 26, 1969, file with the Federal Power ments to the Commission’s Statement of 6:45 a.m.] Commission, Washington, D.C. 20426, General Policy No. 61-1. Mapco submits petitions to intervene or protests in ac­ a notice of change in rate2 from 14.5 [Docket No. OP69-271] cordance with the requirements of the cents to 15 cents per Mcf, together with a Commission’s rules of practice and pro­ related contract amendment which de­ KANSAS-NEBRASKA NATURAL GAS cedure (18 CFR 1.8 or 1.10) and the reg­ letes all price escalation provisions, ex­ CO., INC. ulations under the Natural Gas Act (18 cept for future tax reimbursement, and CFR 157.10). All protests filed with the provides for the proposed 15-cent rate Notice of Application Commission will be considered by it in for the remaining primary term of the April 29, 1969. determining the appropriate action to be contract which expires on May 4, 1976. Take notice that on April 16, 1969, taken but will not serve to make the Mapco’s proposed rate filings are set Kansas-Nebraska Natural Gas Co., Inc. Protestants parties to the proceeding. forth in Appendix A hereof. (Applicant), Hastings, Nebr. 68901, filed Persons wishing to become parties to a Mapco’s proposed amendment and re­ in Docket No. CP69-271 an application proceeding or to participate as a party lated notice of change meet the require­ pursuant to section 7(c) of the Natural in any hearing therein must file petitions ments under the Second and Ninth Gas Act for a certificate of public con­ to intervene in accordance with the Com­ Amendments to the Commission’s State­ venience and necessity authorizing the mission’s rules. ment of General Policy No. 61-1. Ac­ acquisition by purchase from Excelsior Take further notice that, pursuant to cordingly, we believe that such amend­ Oil Corp. (Excelsior), and operation of the authority contained in and subject to ment and related notice of change in facilities necessary for Applicant to de­ the jurisdiction conferred upon the Fed­ rate should be accepted for filing to liver to its main transmission line, after eral Power Commission by sections 7 become effective on April 19, 1969, the gathering, compressing and processing, and 15 of the Natural Gas Act and the expiration date of the 35-day statutory gas purchased from various producers in Commission’s rules of practice and pro­ notice period, and the rate suspension the North Shawnee-Flat Top Field, Con­ cedure, a hearing will be held without proceeding in Docket No. RI66-20 should verse County, Wyo., all as more fully set further notice before the Commission be severed from the Area Rate Proceed­ forth in the subject application which is on this application if no petition to in­ ing in Docket No. AR67-1 et al. (Other on file with the Commission and open to tervene is filed within the time required Southwest Area) and terminated. herein, if the Commission on its own re­ However, we desire to make it clear public inspection. that acceptance of Mapco’s offer of Applicant states that it began purchas­ view of the matter finds that a grant of the certificate is required by the pub­ settlement shall not be construed as con­ ing gas in the North Shawnee-Flat Top stituting approval of any future rate in­ Field in April of 1962 and that this gas lic convenience and necessity. If a peti­ tion for leave to intervene is timely filed, crease that may be filed under the subject is delivered to Applicant at a point on rate schedule resulting from any pos­ its main transmission line in Wyoming or if the Commission on its own motion believes that a formal hearing is re­ sible future tax increase, and is without some 25 miles southwest of said field. prejudice to any findings or orders of the Further, Applicant states that each of quired, further notice of such hearing will be duly given. Commission in any proceeding, including its purchase contracts requires the gas area rate or other similar proceeding, in­ to be processed before delivery to Ap­ Under the procedure herein provided volving Mapco’s rate and rate schedule. plicant and that said gas sold by each for, unless otherwise advised, it will be Inasmuch as the present 14.5-cent rate, producer is processed in the Flat Top unnecessary for Applicant to appear or which is in effect subject to refund in plant and is delivered to Applicant at the be represented at the hearing. Docket No. RI66-20, is less than the pro­ above delivery point as a commingled G ordon M. G rant, posed 15-cent settlement rate, the pro­ stream. Secretary. ceeding in Docket No. RI66-20 should be Applicant alleges that if it can convert [F.R. Doc. 69-5307; Filed, May 2, 1969; terminated. its purchases from the field to well-head 8:46 a.m.] Mapco requests an "effective date of purchases it would give Applicant better April 1, 1969, for its proposed contract . control of the production and processing amendment and change in rate. Good operation so as to eliminate waste and [Docket No. RI66-20 *] cause has not been shown for waiving to provide more reliable deliveries, and, MAPCO PRODUCTION CO. ET AL. the 30-day notice requirement provided further, that operation of the gathering, in section 4(d) of the Natural Gas Act to compression, plant and delivery facilities Order Accepting Notice of Change in permit an earlier effective date for would also eliminate the complex ac­ Rate and Related Contract Amend­ Mapco’s contract amendment and rate counting necessary under the present increase and such request is denied. arrangement. ment, Severing and Terminating Rate Proceeding The Commission orders: Applicant proposes to acquire the sub­ (A) Mapco’s contract amendment ject facilities from Excelsior who, under April 10, 1969. dated March 7, 1969, and 15 cents per agreements with the various producers, On July 1, 1965, Mapco Production Mcf rate increase, designated as Supple­ is presently performing the gathering, Co. (Operator) et al. (Mapco), filed a no­ ment Nos. 7 and 8 to Mapco’s FPC Gas compression, processing, and delivery tice of change in rate, designated as Sup­ Rate Schedule No. 2, respectively, are ac­ services, including delivery of the plant plement No. 6 to Mapco’s FPC Gas Rate cepted for filing and permitted to become residue gas to Applicant on behalf of Schedule No. 2, proposing a rate increase, effective on April 19, 1969, the expiration the producers. Applicant proposes to ac­ from 14 cents to 14.5 cents per Mcf, for date of the statutory notice. quire all of the facilities presently used its jurisdictional sales of natural gas to (B) The proceeding in Docket No. by Excelsior to deliver residue gas from Mississippi River Transmission Corp. in RI66-20 is severed from the Area Rate the plant tailgate to the aforementioned the Gooch Gas Unit, Woodlawn Field, delivery point on its main transmission 2 Designated as Supplement No. 8 to line. These facilities include approxi­ 1 Docket No. RI66-20 Is consolidated in the Mapco’s FPC Gas Rate Schedule No. 2. mately 25.8 miles of 4-inch pipe and a Area Rate Proceeding, et al., (Other South­ 8 Designated as Supplement No. 7 to compressor located at Orin Junction. west Area), Docket No. AR67-1, et al. Mapco’s FPC Gas Rate Schedule No. 2.

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7311 Proceeding, et al. (Other Southwest (C) The acceptance of the Commissionor against Mapco including area rate or Area), Docket No. AR67-1 et al., and of Mapco’s offer of settlement is without other similar proceedings. terminated and Mapco is relieved of prejudice to any findings or determina­ By the Commission. any refund obligation in Docket No. tions that may be made in any proceeding [seal] G ordon M. G rant, RI66-20. now pending, or hereafter instituted by Secretary.

A pp e n d ix A

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

RI66-20.... Mapco Production Co. (Op­ 2 *7 Mississippi River Transmission 3-19-69 *4-19-69 (Accepted) _ erator) et al., 800 Oil Center 2 8 Corp. (Woodlawn Field, Harrison $1,320 3-19-69 * 4-19-69 (Accepted) «14.5 4 8 « 15.0 RI66-20. Bldg., Tulsa, Okla. 74119. County, Tex.), (RR. District No. 6).

* Contract amendment dated Mar. 7, 1969, deletes all price escalation provisions, ! The stated effective date is the first day after expiration of the statutory notice, except for future fax reimbursement based on new or additional taxes, and provides 4 Renegotiated rate increase, for 15-cent rate, effective as of Mar. 7,1969, for remaining primary term of contract 8 Pressure base is 14.65 p.s.i.a. which expires on May 4, 1976. 6 Subject to a downward B.t.u. adjustment. [F.R. Doc. 69-5309; Filed, May 2,1969; 8:46 a.m.] [Docket No. CP69-275] to the jurisdiction conferred upon the provisions of the agreement are those Federal Power Commission by sections establishing an aggregate limit, Group SOUTH GEORGIA NATURAL GAS CO. 7 and 15 of the Natural Gas Act and limits, and specific limits for Categories Notice of Application the Commission’s rules of practice and 9, 10, 22, 23, 26, 27, 63 and 64, with sub­ procedure, a hearing will be held without limits on duck fabric (parts of Cate­ April 28, 1969. further notice before the Commission gories 26 and 27), and on zipper tapes Take notice that on April 22, 1969, on this application if no petition to inter­ (part of Category 64), for the agreement South Georgia Natural Gas Co. (Appli­ vene is filed within the time required year beginning May 1,1969. cant) , Post Office Box 1279, Thomasville, herein, if the Commission on its own re­ There is published below a letter of Ga. 31792, filed in Docket No. CP69-275 view of the matter finds that permis­ April 28,1969, from the Chairman of the an application pursuant to section 7(b) sion and approval for the proposed President’s Cabinet Textile Advisory of the Natural Gas Act for permission abandonment is required by the public Committee to the Commissioner of Cus­ and approval to abandon by sale certain convenience and necessity. If a petition toms, directing that the amounts of cot­ natural gas facilities used in the trans­ for leave to intervene is timely filed, or ton textiles and cotton textile products portation of natural gas in interstate if the Commission on its own motion be­ in Categories 1 through 64, produced or commerce, all as more fully set forth in lieves that a formal hearing is required, manufactured in Mexico, which may be the application which is on file with the further notice of such hearing will be entered or withdrawn from warehouse Commission and open to public in­ duly given. for consumption in the United States for spection. Under the procedure herein provided the 12-month period beginning May 1, Applicant proposes to sell to the Amer- for, unless otherwise advised, it will be 1969, and extending through April 30, icus Utility Commission approximately unnecessary for Applicant to appear or 1970, be limited to designated levels. 7.600 feet of 4%-inch line located in be represented at the hearing. Cotton textiles and cotton textile prod­ Sumter County, Ga. The Commission will Gordon M. G rant, ucts which were exported from Mexico use the line as part of its distribution Secretary. to the United States prior to May 1, system serving Americus, Ga., and en­ 1969, in categories for which the levels virons. [F.R. Doc. 69—5308; Filed, May 2, 1969; of restraint for the 12-month period end­ The line will be sold at its estimated 8:46 a.m.] ing April 30, 1969,

FEDERAL REGISTER, VOL 34, NO. 85— SATURDAY, MAY 3, 1969 7312 NOTICES at Geneva on February 9, 1962, pursuant to United States from Mexico prior to May 1, in the Federal R egister on January 17, 1968 the bilateral cotton textile agreement of June 1969, shall, to the extent of any unfilled bal­ (33 F.R. 582), and amendments thereto on 2, 1967, between the Governments of the ances, be charged against the levels of re­ March 15, 1968 (33 F.R. 4600). United States and Mexico, and in accordance straint established for such goods during In carrying out the above directions, entry with Executive Order 11052 of September 28, the period May 1, 1968, through April 30, into the United States for consumption shall 1962, as amended by Executive Order 11214 1969. In the event that any level of restraint be construed to include entry for consump­ of April 7, 1965, you are directed to prohibit, for the 12-month period ending April 30, tion into the Commonwealth of Puerto Rico. effective May 1, 1969, and for the 12-month 1969, has been exhausted by previous entries, The actions taken with respect to the Gov­ period extending through April 30,1970, entry such goods shall be denied entry. ernment of Mexico and with respect to im­ into the United States for consumption and The levels of restraint set forth above are ports of cotton textiles and cotton textile withdrawal from warehouse for consumption subject to adjustment pursuant to the pro­ products from Mexico have been determined of cotton textiles and cotton textile products visions of the bilateral agreement of June 2, by the President’s Cabinet Textile Advisory in Categories 1 through 64, produced or man­ 1967, between the Governments of the United Committee to involve foreign affairs func­ ufactured in Mexico, in excess of the desig­ States and Mexico which provides in part that within the aggregate and applicable tions of the United States. Therefore, the nated levels of restraint set forth below. directions to the Commissioner of Customs, The combined level of restraint for Cate­ group limits, limits on certain categories may be exceeded by not more than 5 percent; being necessary to the implementation of gories 1, 2, 3, and 4, shall be 12,415,110 such actions, fall within the foreign affairs pounds. Of this amount not more than for the limited carryover of shortfalls in cer­ 3,115,761 pounds shall be in Categories 3 tain categories to the next agreement year; exception to the notice provisions of 5 U.S.C. and 4. and for administrative arrangements. Any 553 (Supp. II, 1965-66). This letter will be appropriate adjustments pursuant to the published in the Federal Register. The overall level of restraint for Categories provisions of the bilateral agreement referred 5 through 27 shall be 23,152,500 square yards. to above, will be made to you by letter from Sincerely, Within the overall level of restraint for the Chairman of the Interagency Textile Maurice H. Stans, Categories 5 through 27, the following specific Administrative Committee. Secretary of Commerce, Chairman, levels of restraint shall apply : A detailed description of the categories in President’s Cabinet Textile Ad­ 12-month terms of T.S.U.S.A. numbers was published visory Committee. level of Category restraint Category Description U nit Conversion 9 ______square yards_4, 410,000 N o. factor to Syds 10 ______do____ 2,205,000 22 _ do__ 4, 410, 000 28 ...... Pillowcases, not ornamented, carded...... g___ N um bers____ 1.084 23 ______do___ 3,307,500 29 ... Pillowcases, not ornamented, combed...... i ...... d o ...... 1.084 26 ______d o 1----6,615,000 30 ...... Towels, d ish ...... d.348 o ...... 31 ...... Towels, other...... d.348 o _ 27 ______do 2,205,000 32 ...... Handkerchiefs, whether or not in the piece...... D ozen _ 1.66 33 ...... Table damask and manufactures...... P ound___.... 3.17 1 Of the total amount for Categories 26 and 34...... Sheets, carded...... N um bers____ 6.2 27, not more than 4,961,250 square yards 35...... Sheets, combed...... d o ____... 6.2 shall be in duck fabric, T.S.U.S.A. Nos.: 3 6 ...... Bedspreads and quilts______d o . 6.9 3 7 - . - ...... Braided and woven elastic...... P ou nds...... 4.6 320 _01 through 04, 06, 08 3 8 ...... Fishing nets and fish n ettin g . d o _ 4.6 321 _01 through 04,06, 08 39. ____ Gloves and mittens ______.. ______. .. 1 ...... D o zen ...... 3.527 40 ...... Hose and half hose...... D ozen pairs. 4.6 322— 01 through 04, 06,08 41 ...... T-shirts, all w hite, knit, m en’s and boys’...... D ozen . 7.234 326— 01 through 04, 06, 08 4 2 ...... T-shirts, other k n i t ...... d o _ 7.234 327— 01 through 04, 06, 08 43 .... Shirts, knit, other than T-shirts and sweatshirts...... -d o _ 7.234 328._01 through 04,06, 08 44 ...... Sweaters and cardigansl...... d o ______36.8 45 ...... Shirts, dress, not knit, m en’s and boys’...... 22.186...... d o ______Within the overall level of restraint for 46 ______Shirts, sport, not knit, m en’s and boys’...... d24.457 o . „ .______47 ...... Shirts, work, not knit, m en’s and boys’...... d o ______22.186 Categories 5 through 27, each category with­ 48 ...... Raincoats, three-quarter length or longer, not k n it . 50.0 d o _ out a specific level of restraint is subject to a 49______Coats, other, not k n it...... do______32.5 consultation level of 551,250 square yards, 60______Trousers, slacks, and shorts (outer), not knit, men’s and boys’...... d o ...... 17.797 pursuant to paragraph 7 of the bilateral 61 ...... Trousers, slacks and shorts (outer), not knit, women’s girls’ and .....d o ______17.797 infants. agreement. If appropriate, future directions 52...... Blouses, not kn it...... d o 14.53 concerning these categories will be made to 53...... Dresses (including uniforms), not k n it...... do _ 45.3 you by letter from the Chairman of the 54...... Playsuits, sunsuits, washsuits, creepers, rompers, etc., not k25.0 n i t ,...... do . Interagency Textile Administrative Commit­ n.e.s. 55...... Dressing gowns, including bathrobes and beachrobes, lo u n g in g ...... d o ...... 51.0 tee. gowns, housecoats, and dusters, not knit. The overall level of restraint for Categories 56 ...... Undershirts, knit, m en’s and boys’.... do9.2. 57 ...... —______Briefs and undershorts, m en’s and boys’...... do11.25 ______28 through 64, shall be 2,425,500 square yards 58...... Drawers, shorts, and briefs, knit, n.e.s...... do _ 5.0 equivalent. There is attached to this directive 59...... A ll other underwear, not k n it . do _ 16.0 the rates of conversion into square yard 60 ___;...... Pajamas and other nightwear...... t ...... do______51.96 equivalents of the aforesaid categories to be 61 ...... Brassieres and other body supporting garments...... do...... 4.75 62 ...... Wearing apparel, knit, n.e.s...... Pounds______4.6 used in implementing this part of this 63.______Wearing apparel, not knit, n.e.s..... do 4.6 directive. 64__'______All other cotton textiles...... do 4.6 Within this overall level of restraint for Categories 28 through 64, the following spe­ [F.R. Doc. 69-5377; Filed, May 2,1969; 8:50 a.m.] cific levels of restraint shall apply : 12-month level Category of restraint 6 3______121,275 pounds. CERTAIN COTTON TEXTILES AND and cotton textile products produced or 6 4 ______359,415 pounds (of which not COTTON TEXTILE PRODUCTS PRO­ manufactured in the Republic of Korea more than 99,225 pounds shall DUCED OR MANUFACTURED IN THE and exported to the United States during be in zipper tapes, T.S.U.S.A. the 12-month period beginning Janu­ No. 347.3340). REPUBLIC OF KOREA ary 1, 1969. As set forth in that letter, Within the overall level of restraint for Entry and Withdrawal From Ware­ the levels of restraint are subject to ad­ Categories 28 through 64, each category with­ house for Consumption justment pursuant to paragraph 7 of out a specific level of restraint is subject to the bilateral cotton textile agreement of a consultation level of 385,875 square yards April 29, 1969. December 11, 1967, between the Gov­ equivalent, pursuant to paragraph 7 of the ernments of the United States and the bilateral agreement. If appropriate, future On January 8, 1969, there was pub­ directions concerning these categories will lished in the F ederal R egister (34 F.R. Republic of Korea, which provides that be made to you by letter from the Chairman 276) a letter dated December 27, 1968, within the aggregate and applicable of the Interagency Textile Administrative from the Chairman of the President’s group limits, limits on certain categories Committee. Cabinet Textile Advisory Committee to may be exceeded by not more than five In carrying out this directive, cotton tex­ tiles and cotton textile products in Categories the Commissioner of Customs, establish­ (5) percent. The aforementioned letter 1 through 64, produced or manufactured in ing levels of restraint applicable to cer­ also provided that any such adjust­ Mexico and which have been exported to the tain specified categories of cotton textiles ment in the levels of restraint would

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7313 be made to the Commissioner of Cus­ of Korea have been determined by the Pres­ materials and equipment, printing, and toms by letter from the Chairman of ident’s Cabinet Textile Advisory Committee special services. to involve foreign affairs function* of "Hie the Interagency Textile Administrative United States. Therefore, the directions to 2. To enter into contracts for supplies Committee. the Commissioner of Customs being neces­ and services pursuant to Delegation of Accordingly, at the request of the Gov­ sary to the implementation of such actions, Authority No. 410 dated March 26, 1962 ernment of the Republic of Korea and fall within the foreign affairs exception to (27 F.R. 3017) from the Administrator pursuant to the provision of the bilateral the notice provisions of 5 U.S.C. 553 (Supp. of the General Services Administration agreement referred to above, there is n, 1965-66). This letter will bo published in to the Heads of Executive Agencies. published below a letter of April 28,1969, the F ederal R egister. 3. To issue government bills of lading, from the Chairman of the Interagency Sincerely, printing and binding orders, purchase Textile Administrative Committee to the Stanley Nehmer, orders, and tax exemption certificates. Commissioner of Customs adjusting the Chairman, Interagency Textile Ad­ D. Assistant Chief, Procurement and level of restraint applicable to cotton ministrative Committee, and Dep­ Supply Division. 1. To issue Government textiles in Category 49, for the 12-month uty Assistant Secretary for Re­ bills of lading, printing and binding or­ period which began on January 1, 1969. sources. ders, purchase orders, and tax exemp­ [F.R. Doc. 69-5340; Filed, May 2, 1969; tion certificates as they relate to Dele­ S tanley N ehmer, 8:48 a.m.] Chairman, Interagency Textile gation of Authority No. 410 dated Administrative Committee, March 26, 1962 (27 F.R. 3017) from the and Deputy Assistant Secre­ Administrator of the General Services tary for Resources. Administration to the Heads of Execu­ SMALL BUSINESS tive Agencies. T he Assistant Secretary of Commerce E. Warehouse Foreman, Procurement Washington, D.C. 20230 ADMINISTRATION and Supply Division. 1. To issue Govern­ INTERAGENCY TEXTILE ADMINISTRATIVE [Delegation of Authority 9.1] ment bills of lading. COMMITTEE F. Chief, Office Services Division. 1. Commissioner of Customs, DEPUTY ASSISTANT ADMINISTRATOR To issue work orders, telephone orders, Department of the Treasury, FOR MANAGEMENT ET AL. and authorize and approve repairs to Washington, D.C. 20226. machinery and equipment. April 28, 1969. Redelegation of Authority Regarding II. The specific authorities delegated Dear Mr. Commissioner: On December 27, Administrative Activities herein may not be redelegated. 1968, the Chairman of the President’s Cabinet Textile Advisory Committee, directed you to 1. Pursuant to the authority delegated HI. All authority delegated herein prohibit entry of cotton textiles and cotton to the Assistant Administrator for Man­ may be exercised by any SBA employee textile products in certain specified cate­ agement by the Administrator (Delega­ designated as acting in that position. gories, produced or manufactured in the tion of Authority No. 9, 34 P.R. 6632, IV. All authority previously delegated Republic of Korea, and exported to the Apr. 17, 1969), the following authority is by the Assistant Administrator for Ad­ United States on or after January 1, 1969, hereby redelegated to the specific posi­ ministration to officials under his juris­ in excess of the designated levels of restraint. diction is hereby rescinded without The Chairman further advised you that in tions as indicated herein: the event that there were any adjustments1 A. Deputy Assistant Administrator for prejudice to actions taken under such in the levels of restraint you would be so Management. 1. To contract for sup­ delegations prior to the date herein. informed by letter from the Chairman of plies, materials and equipment, print­ Effective date: March 17,1969. the Interagency Textile Administrative ing, transportation, communications, Committee. space, and special services for the Edwin Z. H olland, Under the terms of the Long-Term Ar­ Agency. Assistant Administrator rangement Regarding International Trade in for Management. Cotton Textiles done at Geneva on Feb­ 2. To enter into contracts for supplies ruary 9, 1962, pursuant to paragraph seven and services pursuant to Delegation of [F.R. Doc. 69-5321; Filed, May 2, 1969; (7) of the bilateral cotton textile agreement Authority No. 410 dated March 26, 1962 8:47 a.m.] of December 11, 1967, between the Govern­ (27 F.R. 3017) from the Administrator ments of the United States and the Republic of the General Services Administration of Korea, in accordance with the procedures to the Heads of Executive Agencies. outlined in Executive Order 11052 of Septem­ ber 28, 1962, as amended by Executive Order 3. To rent temporarily, within the Dis­ SMITHSONIAN INSTITUTION 11214 of' April 7, 1965, and under the terms trict of Columbia or elsewhere, such of the aforementioned directive of Decem­ hotel or other accommodations as are PUBLIC CONTRACTS AND PROPERTY ber 27, 1968, the level of restraint provided needed to facilitate the conduct of meet­ MANAGEMENT in that directive for cotton textile products ings of SBA advisory councils. in Category 49, produced or manufactured B. Director and Assistant Director, Delegation of Authority in the Republic of Korea, for the 12-month Office of Administrative Services. 1. To period beginning January 1, 1969, and ex­ contract for supplies, materials and The following relates to public con­ tending through December 31, 1969, is hereby tracts and property management. amended, to be effective as soon as possible, equipment, printing, transportation, as follows: communications, space, and special I. P rocurement Authority services for the Agency. Amended 12- S ection 1. Authority delegated, (a) month level 2. To enter into contracts for sup­ The Chief of the Supply Division is des­ Category of restraint plies and services pursuant to Delega­ ignated “Head of the Procurement Ac­ 4 9 ------dozen 28,941 tion of Authority No. 410 dated March 26, 1962 (27 P.R. 3017) from the Admin­ tivity,” as defined in FPR 1-1.206. The actions taken with respect to the Gov­ (b) The Head of the Procurement Ac­ ernment of the Republic of Korea and with istrator of the General Services Admin­ tivity is authorized hereby to (1) enter respect to imports of cotton textiles and istration to the Heads of Executive into, modify, administer, and terminate cotton textile products from the Republic Agencies. 3. To issue government bills of lading, contracts for property and services and to make related determination and find­ 1 The term “adjustments” refers to those printing and binding orders, purchase provisions of the bilateral cotton textile orders, work orders, telephone orders, ings; (2) settle termination claims; (3) agreement of Dec. 11, 1967, between the Gov­ and tax exemption certificates. appoint contracting officers; and (4) es­ ernments of the United States and the Re­ 4. To rent temporarily, within the Dis­ tablish procurement policy and publish public of Korea which provide in part that trict of Columbia or elsewhere, such procurement regulations in conformance within the aggregate and applicable group with: (a) Title IH, Federal Property and limits, limits on certain categories may be hotel or other accommodations as are exceeded by not more than five (5) percent; needed to facilitate the conduct of meet­ Administrative Services Act of 1949, as for the limited carryover of short falls in cer­ ings of SBA advisory councils. amended (41 U.S.C. 251 et seq.) ; (b) im­ tain categories to the next agreement year; C. Chief, Procurement and Supply plementing regulations of the Adminis­ and for administrative arrangements. Division. 1. To contract for supplies, trator, General Services Administration;

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7314 NOTICES

(c) regulations of the Smithsonian In­ S ec. 7. Redelegation. The Head of the members will be for 2-year terms, be­ stitution; and (d) other applicable laws. Procurement Activity may redelegate the ginning July 1, 1969. S ec. 2. Redelegation, (a) The Head authority conferred by the above delega­ Accordingly, notice is hereby given that of the Procurement Activity may redele­ tion. any organization desiring to recommend gate, without power of further redelega­ HI. Authority to S ign Applications to persons for appointment to the “Advisory tion, the authority delegated by the P rocure T ax-F ree and S pecially D e­ Council on Employee Welfare and Pen­ above (sec. 1), subject to limitations natured Alcohol and to Sign T reas­ sion Benefit Plans” may submit recom­ stipulated in the Federal Procurement ury D epartment F orms for P urchase mendations to the Secretary of Labor, Regulations, and regulations of the of N arcotics 14th and Constitution Avenue NW., Smithsonian Institution. Washington, D.C. 20210, on or before (b) Personnel delegated responsibility Sec. 8. Authority delegated. The Head June 1, 1969. The recommendation may for procurement functions must possess of the Procurement Activity is author­ be in the form of a letter, resolution, or a level of experience, training, and ized to (a) sign applications to procure petition, signed by an authorized official ability commensurate with the com­ tax-free and specially denatured alcohol of the organization. Each recommenda­ plexity and magnitude of procurement and (b) to appoint accredited officials tion shall identify the candidate by actions involved. to order narcotics in accordance with reg­ name, occupation, or position, and ad­ ulations of the Treasury Department dress. It shall specify the field or group S ec. 3. Limitations; determinations and the Internal Revenue Service. which he would represent for purposes of and findings, (a) Determinations and S ec. 9. Redelegation. The Head of findings required by FPR 1-3.211 for section 14 of the Act, and whether he the Procurement Activity may redelegate is available and would accept. contracts in excess of $25,000 and by the authority conferred by the above FPR 1-3.212 and 1-3.213 shall be made by (sec. 8) delegation. Redelegation should Signed at Washington, D.C., this 30th the Secretary of the Smithsonian In­ be made only to responsible officials day of April 1969. stitution, or his duly appointed whose.functions require the procurement W. J. U sery, Jr., representative. of alcohol or narcotics. Assistant Secretary (b) Determinations which justify con­ for Labor-Management Relations. struction or installation of nonseverable Dated; April 28,1969. [F.R. Doc. 69-5396; „Filed, May 2, 1969; property on land not owned by the S. D illon R ipley, 8:50 a.m.] United States shall be made by the As­ Secretary. sistant Secretary. [F.R. Doc. 69-5336; Filed, May 2, 1969; (c) Determinations which justify an 8:48 a.m.] * exception to the restrictions of the Buy American Act shall be made in con­ INTERSTATE COMMERCE formance with Part 1-6 of the Federal Procurement Regulations (41 CFR Part DEPARTMENT OF LABOR COMMISSION 1-6). [S.O. 1002; Car Distribution Direction 43, Office of the Secretary Arndt. 1] S ec. 4. Fixed fee. Proposed fees under cost-plus-a-fixed-fee contracts which ex­ ADVISORY COUNCIL ON EMPLOYEE FLORIDA EAST COAST RAILWAY CO. ceed the following shall be approved only WELFARE AND PENSION BENEFIT ET AL. by the Head of the Procurement Activity PLANS or his designee : Car Distribution Recommendations for Appointment (1) 10 percent of the estimated cost, To: Florida East Coast Railway Co., exclusive of fee, of any cost-plus-a-fixed- Section 14 of the Welfare and Pension fee contract for experimental, develop­ Seaboard Coast Line Railroad Co., Louis­ ment or research work. Plans Disclosure Act Amendments of ville and Nashville Railroad Co., Missouri 1962 (76 Stat. 40, 41, 29 U.S.C. 308e) pro­ Pacific Railroad Co. (2) 7 percent of the estimated cost, vides for the establishment of an “Ad­ Upon further consideration of Car Dis­ exclusive of fee, of any other cost-plus- visory Council on Employee Welfare and tribution Direction No. 43, and good cause a-fixed-fee contract. Pension Benefit Plans” which is to con­ appearing therefor: S ec. 5. Mistakes in bids, (a) Authority sist of 13 members to be appointed as is delegated to the Head of the Procure­ follows: One from the insurance field, It is ordered, That: ment Activity to make the determinations one from the corporate trust field, two Car Distribution Direction No. 43 be, specified in §§ 1-2.406.3 and 1-2.406.4 of from management, four from labor, and and it is hereby amended by substituting the Federal Procurement Regulations (41 two from other interested groups, all of the following paragraph (4) for para­ CFR Part 1-2) in connection with mis­ whom are to be appointed by the Secre­ graph (4) thereof: takes in bids. tary from among persons recommended (4) Expiration date. This direction (b) This delegation of authority can­ by organizations in the respective groups. shall expire at 11:59 p.m., June 1, 1969, not be redelegated. The additional three representatives are unless otherwise modified, changed, or (c) Each proposed determination (sec. to be appointed from the general public suspended. 5(a)) shall be approved by the Office of by the Secretary. The prescribed duties It is further ordered, That this amend­ the General Counsel of the Smithsonian of the Council are to advise the Secre­ ment shall become effective at 11:59 p.m., Institution. tary with respect to the carrying out of May 4, 1969, end that it shall be served his functions under the Welfare and upon the Association of American Rail­ II. P ublication of Advertisements, Pension Plans Disclosure Act, as roads, Car Service Division, as agent of Notices, or Proposals Amended, and to submit to the Secretary all railroads subscribing to the car serv­ S ec. 6. Authority delegated. The Head recommendations with respect thereto. ice and per diem agreement under the of the Procurement Activity is hereby au­ The Council is required to meet at least terms of that agreement; and that it be thorized to make the required determina­ twice each year and at such other times filed with the Director, Office of the Fed­ tion in connection with and to order paid as the Secretary requests. eral Register. advertisements, notices, and contract To assure continuity in the handling proposals in newspapers and periodicals of the business of the Council, a rotation Issued at Washington, D.C., April 30, in accordance with 5 U.S.C. 302(b) (2) system is provided whereby the 2-year 1969. and the requirements and conditions terms of approximately half the members Interstate Commerce , stipulated in 44 U.S.C. 321, 322, and 324, expire each year. The groups represented Commission, and Title 7, Chapter 5, section 25.2, Gen­ by the members whose terms expire on [seal] R. D. P fahler, eral Accounting Office Policy and Pro­ June 30, 1969, are as follows: Labor (2), Agent. cedure Manual for Guidance of Federal the insurance field (1), management (2), [FJR. Doc. 69-5350; Filed, May 2, 1969; Agencies. and the public (1). Appointments of new 8:49 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7315 [S .0 .1002; Corrected Car Distribution. [Notice 824] Operations, 450 Multnomah Building, Direction 44, Amdt. 1] MOTOR CARRIER TEMPORARY Portland, Oreg. 97204. SEABOARD COAST LINE RAILROAD AUTHORITY APPLICATIONS • No. MC 107515 (Sub-No. 654 TA), filed CO. ET AL. April 22, 1969. Applicant: REFRIGER­ April 30, 1969. ATED TRANSPORT CO., INC., Post Car Distribution Hie following are notices of filing of Office Box 10799, Station A, Atlanta, Ga. To: Seaboard Coast Line Railroad Co., applications for temporary authority un­ 30310. Applicant’s representative: B. L. St. Louis-San Francisco Railway Co., der section 210a(a) of the Interstate Gundlach (same address as above). Au­ The Atchison, Topeka and Santa Fe Commerce Act provided for under the thority sought to operate as a common Railway Co. new rules of Ex Parte No. MC-67 (49 carrier, by motor vehicle, over irregular CFR Part 340), published in the F ederal routes, transporting: Salads and sand­ Upon further consideration of Cor­ R egister, issue of April 27, 1965, effec­ wich spreads, in vehicles equipped with rected Car Distribution Direction No. 44, tive July 1,1965. These rules provide that mechanical refrigeration, from Knox­ and good cause appearing therefor: protests to the granting of an applica­ ville, Term., to points in Michigan, Dis­ It is ordered, That: tion must be filed with the field official trict of Columbia, Indiana, Virginia, Corrected Car Distribution Direction named in the F ederal R egister publica­ West Virginia, Georgia, Ohio, Kentucky, No. 44 be, and it is hereby amended by tion, within 15 calendar days after the Missouri, Alabama, Nebraska, Missis­ substituting the following paragraph (4) date of notice of the filing of the appli­ sippi, Florida, Texas, Hlinois, North for paragraph (4) thereof: cation is published in the F ederal R eg­ Carolina, South Carolina, Kansas, New (4) Expiration date. This direction ister. One copy of such protest must be York, Delaware, Rhode Island, Pennsyl­ shall expire at 11:59 p.m., June 1, 1969, served on the applicant, or its authorized vania, Louisiana, New Jersey, Arkansas, unless otherwise modified, changed, or representative, if any, q,nd the protests Minnesota, Oklahoma, Massachusetts, suspended. must certify that such service has been Wisconsin, and Connecticut, for 150 It is further ordered, That this amend­ made. The protests must be specific as to days. Supporting shipper: House of ment shall become effective at 11:59 p.m., the service which such protestant can Thaller, Inc., Post Office Box 5453, 3012 May 4, 1969, and that it shall be served and will offer, and must consist of a Tazewell Pike, Knoxville, Tenn. 37918. upon the Association of American Rail­ signed original and six copies. Send protests to: William L. Scroggs, roads, Car Service Division, as agent of A copy of the application is on file, and District Supervisor, Interstate Commerce all railroads subscribing to the car serv­ can be examined at the Office of the Sec­ Commission, Bureau of Operations, ice and per diem agreement under the retary, Interstate Commerce Commis­ Room 309, 1252 West Peachtree Street terms of that agreement; and that it be sion, Washington, D.C., and also in the NW., Atlanta, Ga. 30309. filed with the Director, Office of the field office to which protests are to be No. MC 109324 (Sub-No. 19 TA), filed Federal Register. transmitted. April 18, 1969. Applicant: GARRISON M otor Carriers of P roperty MOTOR FREIGHT, INC., Post Office Issued at Washington, D.C., April 30, Box 969, Harrison, Ark. 72601. Appli­ 1969. No. MC 17226 (Sub-No. 35 TA), filed cant’s representative: Louis Tarlowski, I nterstate Commerce April 21, 1969. Applicant: FRUIT BELT Pyramid Life Building, little Rock, Ark. Commission, MOTOR SERVICE, INC., 7626 West 72201. Authority sought to operate as a [seal] R. D. P fahler, Madison Street, Forest Park, HI. 60130. common carrier, by motor vehicle, over Agent. Applicant’s representative: Eugene L. regular routes, transporting: General [PH. Doc. 69-5351; Piled, May 2, 1969; Cohn, One North La Salle Street, Chi­ commodities (except those of unusual 8:49 aju.] cago, 111. 60602. Authority sought to op­ value, classes A and B explosives, house­ erate as a contract carrier, by motor ve­ hold goods as defined by the Commission, hicle, over irregular routes, transporting: commodities in bulk, and those requir­ FOURTH SECTION APPLICATION Machines, machinery, appliances, parts, ing special equipment), between Harri­ FOR RELIEF equipment, materials, supplies, and ac­ son, Ark., and Jasper, Ark., over Arkan­ cessories; between Alsip, HI., on the one April 30, 1969. sas Highway 7, serving all intermediate hand, and, on the other, points in Lake points, for 180 days. Note: MC 109324 Protests to the granting of an applica­ County, Ind.; restriction: The operations for tacking at Little Rock; Memphis; tion must be prepared in accordance are limited to a transportation service to Springfield, Mo., for interline. Support­ with rule 1100.40 of the general rules of be performed under a continuing con­ ing shippers: Newton County Bank, Jas­ tract, or contracts with the Whirlpool practice (49 CFR 1100.40) and filed Corp., for 180 days. Supporting shipper: per, Ark.; I. H. Velflick, D.VM., Post Of­ within 15 days from the date of publica­ fice Box 613, Jasper, Ark.; Oldham’s The Whirlpool Corp., Benton Harbor, Store, Jasper, Ark.; Big View Gift Shop, tion of this notice in the F ederal Mich. 49022. Send protests to: Andrew J. Jasper, Ark.; Newton County Nursing Register. Montgomery, District Supervisor, Inter­ Home and Hospital, Jasper, Ark.; Dog- state Commerce Commission, Bureau of Long-and-S hort Haul patch U.SA.., Dogpatch, Ark.; Howard Operations, Room 1086, U.S. Courthouse Norton, County Judge of Newton County, FSA No. 41629—Grain and grain prod­ and Federal Office Building, 219 South Ark., Jasper, Ark.; City of Jasper, ucts from and to points in Illinois and Dearborn Street, Chicago, HI. 60604. Harry Johnson, Mayor, Jasper, Ark. Send 'Wisconsin. Filed by Illinois Freight Asso­ No. MC 64820 (Sub-No. 9 TA), filed protests to: District Supervisor William ciation, agent (No. 344), for interested April 25, 1969. Applicant: PARADIS H. Land, Jr., Bureau of Operations, In­ rail carriers. Rates on barley, buckwheat, TRANSFER AND STORAGE CO., INC., terstate Commerce Commission, 2519 908 South Grape Street, Medford, Oreg. Federal Office Building, Little Rock, Ark. com, oats, rye, soybeans, wheat, and 97501. Applicant’s representative: Robert 72201. grain screenings, in carloads, as described R. Hollis, Commonwealth Building, Port­ No. MC 113362 (Sub-No. 161 TA), filed in the application, between points in land, Oreg. 97204. Authority sought to April 25, 1969. Applicant: ELLSWORTH Illinois and southern Wisconsin, on the operate as common carrier, by motor FREIGHT LINES, INC., 310 East Broad­ one hand, and Chicago, 1 1 1 ., on the other. vehicle, over irregular routes, transport­ way, Eagle Grove, Iowa 50533. Appli­ Grounds for relief—Motortruck com­ ing: Ore and ore concentrates, from cant’s representative: Milton D. Adams, petition. points in Siskiyou County, Calif., to 1105 Eighth Avenue NE., Austin, points in Pierce County, Wash., for 180 Minn. 55912. Authority sought to oper­ By the Commission. days. Supporting shipper: Blue Diamond ate as a common carrier, by motor vehi­ [seal] h . Neil Garson, Exploration Co., 233 Old Pacific High­ cle, over irregular routes, transporting: Secretary. ways, Talent, Oreg. Said protests to: Carpets, carpeting, mats, matting, or rugs, from Marietta, Pa., to Davenport [PH. Doc. 69-5352; Piled, May 2, 1969; A. E. Odoms, District Supervisor, Inter­ and Des Moines, Iowa, for 180 days. Sup­ 8:49 a.m.] state Commerce Commission, Bureau of porting shipper: The Timmermann Cos.,

No. 85----- 7 FEDERAL REGISTER, VO L 34, NO. 85— SATURDAY, MAY 3, 1969 7316 NOTICES 108 East Fourth Street, Des Moines, Iowa by motor vehicle, over irregular routes, tioners must be specified in their petitions 50309. Send protests to: Ellis L. Annett, transporting: Fabricated steel pipe and with particularity. District Supervisor, Interstate Commerce piping, steel pipe and asbestos cement No. MC-FC-71111. By order of April 25, Commission, Bureau of Operations, 677 pipe, from Concord, Calif., to points in 1969, the Motor Carrier Board approved Federal Building, Des Moines, Iowa Clark County, Nev., for 150 days. Sup­ the transfer to Seegers Truck Line, Inc., 50309. porting Shipper: Jay Fomi, Inc., 1887 Denver, Iowa, of Certificates Nos. MC- No. MC 119245 (Sub-No.-3 TA), filed Arnold Industrial Highway, Concord, 112048 and MC-112048 (Sub-No. 1) April 22, 1969. Applicant: E. J. PAUL­ Calif. Send protests to: District Su­ issued May 20, 1953 and August 1* 1955, ETTE, doing business as PAULETTS’s pervisor Wm. E. Murphy, Interstate to Fred C. Seegers, Denver, Iowa, au­ DELIVERY SERVICE, 1155 Joseph Commerce Commission, Bureau of thorizing the transportation of: Fer­ Street, Shreveport, La. 71107. Applicant’s Operations, 450 Golden Gate Avenue, tilizer and fertilizer ingredients, from representative: W. O. Crain, Jr., 17th Box 36004, San Francisco, Calif. 94102. Prairie du Chien, Wis., to specified points in Iowa. Don L. Hagemann, 114 First Floor Beck Building, Shreveport, La. Motor Carrier of P assengers 71102. Authority sought to operate as a Street SE., Waverly, Iowa 50677, at­ contract carrier, by motor vehicle, over No. MC 118896 (Sub-No. 3 TA), filed torney for applicants. irregular routes, transporting: Commod­ April 18, 1969. Applicant: ALBERT A. J. No. MC-FC-71273. By order of April 28, ities (cosmetics and toiletry products), SMITH, doing business as EAGLE BUS 1969, the Motor Carrier Board approved from Shreveport, La., to points in the LINE, Route 2, Box 34, Brewton, Ala. the transfer to Fred H. Meyer, doing following Texas counties; Van Zandt, 36426. Applicant’s representative: J. business as Meyer Truck Line, Alma, Henderson, Burleson, Walker, Brazos, Douglas Harris, 410-412 Bell Building, Kans., of certificates Nos. MC-77289 and Grimes, Anderson, Cherokee, Nacog­ Montgomery, Ala. 36104. Authority MC-77289 (Sub-No. 1), issued Febru­ doches, Angelina, Limestone, Freestone, sought to operate as a common carrier, ary 13, 1941 and September 25, 1945, Leon, Falls, Houston, Milan, Robertson, by motor vehicle, over irregular routes, respectively, to Paul Palenske, Alma, Madison, Rains, Wood, Franklin, Camp, transporting: Passengers, their baggage, Kans., authorizing the transportation of Upshur, Gregg, Red River Bowie, Titus, and newspapers in same vehicle with pas­ livestock, from Alma, Kans., and points Morris, Cass, Rusk, Shelby, San Augus­ sengers, (1) between Brewton, Ala., and and places within 10 miles of Alma, to tine, Sabine, Ellis, Panola, Marion, Har­ the site of the plant of the Monsanto Kansas City, Kans., and St. Joseph, and rison, Kaufman, Navarro, Fannin, La­ Corp., at or near Gonzalez, Fla., and/or. Kansas City, Mo., livestock, feed, agri­ mar, Hunt, Delta, Hopkins, and Smith, the plantsite of St. Regis Paper Co., at cultural machinery and parts, binder for 180 days. Supporting shipper: Avon or near Cantonment, Fla., serving all twine; building materials, iron and steel Products, Inc., Eighty Third and College, intermediate points, as follows: From tanks, and petroleum products, in con­ Kansas City, Mo. 64141. Send protests Brewton over U.S. Highway 31 to tainers, from Kansas City, Kans., and to: W. R. Atkins, District Supervisor, Flomaton, and thence over U.S. Highway Kansas City, Mo., to points in Kansas Interstate Commerce Commission, Bu­ 29 to Gonzalez, and thence over Florida within 10 miles of Alma, Kans., including reau of Operations, T-4009 Federal 292 to the Monsanto Corp., plantsite, and Alma, and feed from North Kansas City, Building, 701 Loyola Avenue, New Or­ return over the same route, serving the Mo., to Alma, Kans. Bill Baldock, Alma, leans, La. 70113. plantsite, and return over the same Kans. 66401, attorney for applicants. No. MC 123060 (Sub-No. 3 TA), filed route, serving the plantsite of the St. No. MC-FC-71289. By order of April 28, April 24, 1969. Applicant: AIR LINE Regis Paper Co., at or near Cantonment, 1969, the Motor Carrier Board approved EXPRESS, INC., 1110 Hempstead Turn­ Fla., for 180 days. Application supported the transfer to Belardi & Schneider, Inc., pike, Uniondale, N.Y. 11553. Applicant’s by: Attached to the application is a Rural Route 1, Box 1486, Juneau, Alaska representative: Herbert Burstein, 160 certificate signed by 21 prospective pas­ 99801, of the certificate in No. MC- Broadway, New York, N.Y. 10038. Au­ sengers which may be examined at the 127119, issued February 8, 1966, to thority sought to operate as a common Commission’s Office here or at the field Rudolph E. Belardi and Charles J. carrier, by motor vehicle, over irregular office named below. Send protests to: B. Schneider, doing business as Belardi & routes, transporting: General commod­ R. McKenzie, District Supervisor, Bureau Schneider Construction Co., Rural Route ities (except those of unusual value, of Operations, Interstate Commerce 1, Box 1486, Juneau, Alaska 99801, au­ classes A and B explosives, commodities Commission, Room 814, 2121 Building, thorizing the transportation of commodi­ in bulk and commodities requiring spe­ Birmingham, Ala. 35203. ties which because of size or weight re­ cial equipment), between John F. Ken­ By the Commission. quire the use of special equipment, be­ nedy Internationsl Airport and La Guar- tween points in Juneau, Alaska, and dia Airport, N.Y.; Westchester County [seal] H. N eil Garson, between Juneau, Alaska, on the one hand, Airport, White Plains, N.Y.; McArthur Secretary. and, on the other, points in a described Airport, Islip, N.Y.; Newark Municipal [F.R. Doc. 69-5353; Filed, May 2, 1969; area of Alaska, and mobile homes, in Airport, Newark, N.J., and McGuire Air 8:49 a.m.] secondary movements, in truckaway Force Base, Wrightstown, N.Y., on the service, between points in Juneau, one hand, and, on the other, points in Alaska, and between Juneau, Alaska, on Westchester, Rockland, Dutchess, Or­ [Notice 338] the one hand, and, on the other, points in ange, and Putnam Counties, N.Y., and MOTOR CARRIER TRANSFER Greater Juneau Borough, Alaska. points in Connecticut; restricted to PROCEEDINGS No. MC-PC—71290. By order of April 28, shipments having an immediately prior 1969, the Motor Carrier Board approved or subsequent movement by air, for 150 April 30, 1969. the transfer to Martin R. Lane, Sr., doing days. Supporting shippers: There are ap­ Synopses of orders entered pursuant business as Colchester Taxi, Colchester, proximately 23 statements of support at­ to section 212(b) of the Interstate Com­ Conn., of the certificate in No. MC- tached to the application, which may be merce Act, and rules and regulations 124138, issued July 3, 1962, to Santiago examined here at the Interstate Com­ prescribed thereunder (49 CFR Part Saitta, doing business as Saitta’s Taxi, merce Commission in Washington, D.C., 1132), appear below: Colchester, Conn., authorizing the trans­ or copies thereof which may be examined As provided in the Commission’s spe­ portation of passengers and their bag­ at the field office named below. Send pro­ cial rules of practice any interested per­ gage, in special and/or charter opera­ tests to: Robert E. Johnston, District Su­ son may file a petition seeking recon­ tions, with certain restrictions, between pervisor, Interstate Commerce Commis­ sideration of the following numbered Colchester, Conn., and New York, N.Y. sion, Bureau of Operations, 26 Federal proceedings within 20 days from the date Melvin Scott, 190 Broad Street, New Plaza, New York, N.Y. 10007. of publication of this notice. Pursuant to London, Conn. 06320, attorney for No. MC 133520 (Sub-No. 1 TA), filed section 17(8) of the Interstate Commerce applicants. April 24, 1969. Applicant: ALBERT Act, the filing of such a petition will RODREGOUS, doing business as AL [seal] H. N eil Garson, RODREGOUS ENTERPRISES, 1408 Hill postpone the effective date of the order Secretary. Drive, Antioch, Calif. 94509. Authority in that proceeding pending its disposi­ [F.R. Doc. 69-5354; Filed, May 2, 1969; sought to operate as a contract carrier, tion. The matters relied upon by peti- 8:49 ajm.]

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 NOTICES 7317 [Notice 338A] 367, 375, 390b, 416, 481, 489, 526p, and 1968, and drawing list dated February 28, MOTOR CARRIER TRANSFER 1333 of title 46, United States Code, sec­ 1969, manufactured by Nashville Bridge tion 1333 of title 43, United States Code, Co„ Post Office Box 239, Nashville, Tenn. PROCEEDINGS and section 198 of title 50, United States 37202, for Welin Davit and Boat Divi­ April 30, 1969. Code. The Secretary of Transportation sion of Continental Copper and Steel In­ Synopses of orders entered pursuant to has delegated authority to the Com­ dustries, Inc., Perth Amboy, N.J. 08861, section 212(b) of the Interstate Com­ mandant, U.S. Coast Guard with respeet effective March 7, 1969. (It reinstates merce Act, and rules and regulations pre­ to these approvals (49 CFR 1.4 (a) (2) and supersedes Approval No. 160.015/ scribed thereunder (49 CFR Part 1132), and (g) ). The specifications prescribed 85/0, terminated Feb. 16,1967.) by the Commandant, U.S. Coast Guard appear below: W ater, Emergency D rinking (in H er­ As provided in the Commission’s gen­ for certain types of equipment, construc­ tion, and materials are set forth in 46 metically S ealed Containers), for eral rules of practice any interested per­ Merchant Vessels son may file a petition seeking reconsid­ CFR, Parts 160 to 164. eration of the following numbered pro­ 3. The approvals listed in this docu­ Approval No. 160.026/27/2, container ceedings within 30 days from the date of ment shall be in effect for a period of 5 for emergency drinking water, Glbbe service of the order. Pursuant to section years from the date of issuance, unless Equipment Corp., dwg. No. 1313, dated 17(8) of the Interstate Commerce Act, sooner cancelled or suspended by proper November 1, 1956, revised May 6, 1959, the filing of such a petition will postpone authority. packed by Ash Jon Corp., 257 Water the effective date of the order in that B uoyant Apparatus for M erchant Street, Brooklyn, N.Y. 11201, for Globe proceeding pending its disposition. The Vessels Equipment Corp., 257 Water Street, matters relied upon by petitioners must Brooklyn, N.Y. 11201 (manufacturer), be specified in their petitions with Approval No. 160.010/25/1, 6.0' x 4.0' effective March 25, 1969. (It is an exten­ particularity. x 0.83' buoyant apparatus, wood decking sion of Approval No. 160.026/27/2, dated No. MC-FC-70766. By order of April with unicellular plastic foam core, 20- May 1,1964.) person capacity, dwg. No. G-490, revised 24, 1969, the Division 3, acting as an Ap­ Lifefloats for Merchant Vessels pellate Division, approved the transfer January 26, 1959, manufactured by C. C. to Mercury Transit Co., a corporation, Galbraith and Son, Inc., Maple Place and Approval No. 160.027/48/1, 6.17' x 4.17' 755 East Hackley Avenue, Muskegon Manchester Avenue, Post Office Box 185, (11" x 9" body section) rectangular life- Heights, Mich. 49440, of a portion of cer­ Keyport, N.J. 07735, effective March 21, float, fibrous glass reinforced plastic shell tificate No. MC-114070, issued Septem­ 1969. (It is an extension of Approval No. with unicellular plastic foam core, 15- ber 23, 1958, to Wagoner Transportation 160.010/25/1, dated Apr. 23, 1964, and person capacity, dwg. No. M-99-15, Rev. Co., a corporation, 755 East Hackley change of address of manufacturer. ) B, dated January 22, 1959, and fabrica­ Avenue, Muskegon Heights, Mich. 49440, Approval No. 160.010/26/1, 4.5' x 2.71' tion specification dated March 10, 1958, authorizing the transportation of: Petro­ x 0.83' buoyant apparatus, wood decking revised September 24, 1958, manufac­ leum and petroleum products, in bulk, in with unicellular plastic foam cote, 12- tured by Marine Safety Equipment Corp., tank vehicles, from Escariaba, Mich., to person capacity, dwg. No. G-493, revised Foot of Wycoff Road, Farmingdale, N.J. points in Wisconsin, and from Kewaunee, January 22, 1959, manufactured by C. C. 07727, effective March 25, 1969. (It is an Wis., to points in the Upper Peninsula Galbraith and Son, Inc., Maple Place and extension of Approval No. 160.027/48/1, of Michigan. Manchester Avenue, Post Office Box 185, dated May 27, 1964, and change of ad­ Keyport, N.J. 07735, effective March 21, dress of manufacturer.) [seal] H. N eil G arson, Secretary. 1969. (It is an extension of Approval No. Approval No. 160.027/53/0, 5.0' x 3.83' 160.010/26/1, dated Apr. 23, 1964, and (9" x 9" body section) rectangular life [F.R. Doc. 69-5355; Filed, May 2, 1969; change of address of manufacturer.) float, fibrous glass reinforced plastic 8:49 a.m.] Approval No. 160.010/28/1, 3.75' x 3.0' shell with unicellular plastic foam core, x 0.75' buoyant apparatus, fibrous glass 10-person capacity, dwg. No. M-99-16, reinforced plastic shell with unicellular Rev. A, dated January 22, 1959, and fab­ plastic foam core, 11-person capacity, rication specification dated March 10, DEPARTMENT OF dwg. No. M-99-13, Alt. C, dated Jan­ 1958, revised March 19, 1959, manufac­ uary 28, 1959, manufactured by Marine tured by Marine Safety Equipment Corp., TRANSPORTATION Safety Equipment Corp., Foot of Wycoff Foot of Wycoff Road, Farmingdale, N.J. Coast Guard Road, Farmingdale, N.J. 07727, effective 07727, effective March 25, 1969. (It is an [CGFR 69—45] March 25, 1969. (It is an extension of extension of Approval No. 160.027/53/0, Approval No. 160.010/28/1, dated May 1, dated May 27, 1964, and change of ad­ EQUIPMENT, CONSTRUCTION, AND 1964, and change of address of manu­ dress of manufacturer.) MATERIALS facturer.) D avits for Merchant Vessels Approval Notice Approval No. 160.010/29/1, 6.0' x 4.0' Approval No. 160.032/153/1, gravity x 0.75' buoyant apparatus, fibrous glass davit, Type G65S-89; approved for a 1. Certain laws and regulations (46 reinforced plastic shell with unicellular maximum working load of 13,000 pounds CFR Ch. I) require that various items of plastic foam core, 20-man capacity, dwg. per set (6,500 pounds per arm) using 2- lifesaving, firefighting, and miscellaneous No. M-99-14, Alt. D, dated January 22, part falls; identified by general arrange­ equipment, construction, and materials 1999, and fabrication specification dated ment dwg. DE-4051, revision B dated used on board vessels subject to Coast March 10, 1958, revised September 24, March 27, 1968, and drawing list dated Guard inspection, on certain motorboats 1958, manufactured by Marine Safety February 28, 1969, manufactured by and other recreational vessels, and on Equipment Corp., Foot of Wycoff Road, Nashville Bridge Co., Post Office Box 239, the artificial islands and fixed structures Farmingdale, <-N.J. 07727, effective Nashville, Tenn. 37202, for Welin Davit on the outer Continental Shelf be of March 25,1969. (It is an extension of Ap­ and Boat Division of Continental Copper types approved by the Commandant, proval No. 160.010/29/1, dated May 1, and Steel Industries, Inc., Perth Amboy, U.S. Coast Guard. The purpose of this 1964, and change of address of manu­ N.J. 08861, effective March 7, 1969. (It document is to notify all interested per­ facturer.) sons that certain approvals have been reinstates and supersedes Approval No. granted as herein described during the Lifeboat Winches for M erchant 160.032/153/0, terminated Oct. 25, 1966.) Vessels period from March 7, 1969, to April. 1, Lifeboats for Merchant Vessels 1969 (Lists Nos. 9-69 and 10-69). These Approval No. 160.015/85/1, Type B-75 Approval No. 160.035/410/5, 30.0' x actions were taken in accordance with lifeboat winch, approval limited to me­ the procedures set forth in 46 CFR 2.75- chanical components only, and for a 10.0' x 4.33' fibrous glass reinforced plas­ 1 to 2.75-50. maximum working load of 7,500 pounds tic (FRP), hand-propelled lifeboat, 78- 2. The statutory authority for equip­ pull at the drums (3,750 pounds per fall) ; person capacity, identified by general ar­ ment, construction, and material ap­ identified by general arrangement draw­ rangement dwg. No. P-30-1H, Revision provals is generally set forth in sections ing No. W-80412, Rev. C, dated March 13, L, dated December 2,1968, manufactured

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7318 NOTICES by Marine Safety Equipment Corp., Foot alternate construction to that provided Street, North Bergen, N.J. 07304, effec­ of Wycoff Road, Farmingdale, N.J. 07727, by U.S.C.G. Specification Subpart tive March 13,1969. (It is an extension of effective March 25, 1969. (It supersedes 160.050, manufactured by Style-Crafters, Approval No. 164.006/38/0, dated Apr. Approval No. 160.035/410/4, dated Inc., Box 8277, Greenville, S.C. 29604, 17,1964.) Apr. 10, 1968, to show change in con­ effective March 19, 1969. I ncombustible Materials for Merchant struction and address of manufacturer.) Approval No. 160.050/58/0, 20-inch ring Vessels Approval No. 160.035/443/3, 30.0' x life buoy, fibrous glass wrapped unicel­ 10.0' x 4.33' fibrous glass reinforced plas­ lular plastic foam core, specification Approval No. 164.009/18/0, “J-M 85% tic (FRP) motor-propelled class 1 life­ dated March 5, 1969, and Drawing No. Magnesia,” magnesia block type incom­ boat, 74-person capacity, identified by 269, dated February 1, 1969, approved as bustible material identical to that de­ general arrangement dwg. No. P-30-1M, alternate construction to that provided scribed in National Bureau of Standards Revision H, dated December 2, 1968, by U.'S.C.G. Specification Subpart letter File 10.2, dated December 6, 1948, manufactured by Marine Safety Equip­ 160.050, manufactured by Style-Crafters, manufactured by Johns-Manville Sales ment Corp., Foot of Wycoff Road, Farm­ Inc., Box 8277, Greenville, S.C. 29604, Corp., 22 East 40th Street, New York, ingdale, N.J. 07727, effective March 25, effective March 19, 1969. N.Y. 10016 (plant: Johns-Manville Prod­ 1969. (It supersedes Approval No. 160.- ucts Corp., Greenwood Avenue, Wauke­ B uoyant Vests, U nicellular P lastic gan, 111. 60085), effective March 13, 1969. 035/443/2, dated Apr. 11, 1968, to show F oam, Adult and Child change in construction and address of (It is an extension of Approval No. manufacturer.) Note: Approved for use on motorboats of 164.009/18/0, dated Apr. 17, 1964.) Classes A, 1, or 2 not carrying passengers for Approval No. 164.009/79/0, “UNI- S ignals, D istress, Hand-H eld R ocket- hire. BESTOS” fibrous, solid-type asbestos in­ P ropelled P arachute R ed F lare, for Approval No. 160.052/384/0, Type H, sulating material, identical to that de- M erchant Vessels Model OSA, adult unicellular plastic scribeci in Pittsburgh Coming Corp. let­ Approval No. 160.036/3/0, Model foam buoyant vest, dwg. No. 160.052 ter, dated March 31, 1964, approved in “ICARUS” hand-held rocket-propelled Sheet 1 of 4, Rev. 1, dated June 24, 1963, densities of 14 to 19 pounds per cubic parachute red flare distress signal, gen­ and Sheet 2 of 4, Rev. 1, dated June 24, foot, manufactured by Pittsburgh Corn­ eral arrangement dwg. No. 6-1050-B, 1963, manufactured by Outdoor Supply ing Corp., 1 Gateway Center, Pittsburgh, dated February 5,1969, dwg. No. 6-5002- Co., Inc., Post Office Box 11126, Durham, Pa. 15222 (plants: Tyler, Tex., and Port B, dated February 10,1969, and dwg. No. N.C. 27703, effective March 28, 1969. Allegany, Pa.), effective March 13, 1969. 6-1020-C, dated October 21,1968, manu­ Approval No. 160.052/385/0, Type II, (It is an extension of Approval No. factured by Smith and Wesson Pyrotech­ Model OSM, child medium unicellular 164.009/79/0, dated Apr. 15, 1964.) nics, Inc., Post Office Box 247, Jefferson, plastic foam buoyant vest, dwg. No. Approval No. 164.009/124/0, “Therma- Ohio 44047, effective March 28, 1969. .160.052 Sheet 1 of 4, Rev. 1, dated June 24, fiber” mineral wool panels identical to K its, F irst-Aid, for Merchant Vessels 1963, and Sheet 3 of 4, Rev. 1, dated that described in National Bureau of June 24, 1963, manufactured by Outdoor Standards Test Report No. TG10230- Approval No. 160.041/7/0, first-aid kit, Supply Co., Inc., Post Office Box 11126, 27:FR3644, dated December 16,1964, and Model No. H-24-A, Assembly dwg., dated Durham, N.C. 27703, effective.March 28, U.S.C.G. letter, dated March 14, 1969, March 20, 1959, manufactured by A. E. approved in densities of 4 through 8 Halperin Co., Inc., 75-87 Northampton 1969. Approval No. 160.052/386/0, Type n , pounds per cubic foot, manufactured by Street, Boston, Mass. 02118, effective United States Gypsum Co., 101 South March 21, 1969. (It is an extension of Model OSS, child small unicellular plas­ tic foam buoyant vest, dwg. No. 160.052 Wacker Drive, Chicago, 111. 60606 Approval No. 160.041/7/0, dated Apr. 23, (plant: South Plainfield, N.J.), effective 1964.) Sheet 1 of 4, Rev. 1, dated June 24, 1963, and Sheet 4 of 4, Rev. 1, dated June 24, March 14,1969. B uoyant Cushions, K apok or F ibrous 1963, manufactured by Outdoor Supply Dated: April 29,1969. Glass Co., Inc., Post Office Box 11126, Durham, S m ith, Note: Approved for use on motorboats of N.C. 27703, effective March 28, 1969. W. J. Classes A, 1, or 2 not carrying passengers for Admiral, U.S. Coast Guard, hire. Life P reservers, U nicellular P lastic Commandant. F oam, Adult and Child for Merchant [F.R. Doc. 69-5349; Filed, May 2, 1969; Approval No. 160.048/145/0, group ap­ Vessels proval for rectangular and trapezoidal 8:49 ajn.] kopak buoyant cushions, U.S.C.G. Speci­ Approval No. 160.055/92/0, Type IB, fication Subpart 160.048, sizes and Model 63, adult cloth-covered unicellular [CGFR 69-43] weights of kapok filling to be as per Table plastic foam life preserver, U.S.C.G. Spe­ 160.048-4(c) (1) (i), manufactured by cification Subpart 160.055, and dwg. No. EQUIPMENT, INSTALLATIONS, OR Elvin Salow Co., 273-285 Congress Street, 160.055-IB (Sheet 1 and 2), manufac­ MATERIALS Boston, Mass. 02210, for Wallace Manu­ tured by West Products Corp., 236 South facturing Co., 273-285 Congress Street, Street, Newark, N.J. 07093, effective Approval Notice Boston, Mass. 02210, effective April 1, March 21,1969. Correction 1969. (It reinstates Approval No. 160.048/ Approval No. 160.055/93/0, Type IB, 145/0, terminated Mar. 12,1969.) Model 67, child clothcovered unicellular In F.R. Doc. 69-5069, appearing at page plastic foam life preserver, U.S.C.G. 7044 in the issue for Tuesday, April 29, B uoys, Life, R ing, U nicellular P lastic Specification Subpart 160.055, and dwg. 1969, make the following changes: Approval No. 160.050/56/0, 30-inch No. 160.055-IB (Sheet 3 and 4), approved 1. In column 2 on page 7045, in the ring life buoy, fibrous glass wrapped uni­ for use on all vessels and motorboats, fifth line of the penultimate paragraph, cellular plastic foam core, specification manufactured by West Products Corpo­ the word “manufacturer” should read dated March 5, 1969, and Drawing No. ration, 236 South Street, Newark, N.J. “manufactured”. 269, dated February 1, 1969, approved as 07093, effective March 21,1969. 2. In column 3 on page 7045, in the alternate construction to that provided D eck Coverings for Merchant Vessels second line, “Mermatic” should read by U.S.C.G. Specification Subpart 160.050, “Mermatec”. manufactured by Style-Crafters, Inc., Approval No. 164.006/38/0, Marbleloid, 3. In column 1 on page 7046, make the Box 8277, Greenville, S.C. 29604, effective magnesite type deck covering identical following changes in the last paragraph: March 19, 1969. to that described in National Bureau of a. In the seventh line, “EP2569” Approval No. 160.050/57/0, 24-inch Standards Test Report No. TG10230- 12:FP2687 dated February 4, 1949, ap­ should read “FP2569”. ring life buoy, fibrous glass wrapped uni­ proved for use without other insulating b. In the 16th line, the reference to cellular plastic foam core, specification material as meeting Class A-60 require­ the year should read “1969”. dated March 5, 1969, and Drawing No. ments in a 1%-inch thickness, manufac­ c. In the 16th line the approval num­ 269, dated February 1, 1969, approved as tured by Marbleloid, Ine., 2040 88th ber should read “164.007/23/0”.

* FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, M AY-3, 1969 NOTICES 7319

Federal Aviation Administration of this license amendment may file a packaged waste byproduct, source, and spe­ petition for leave to intervene. Any re­ cial nuclear material by transfer to author­ INTERNATIONAL FIELD OFFICE AT ized land burial sites. quests for a hearing by the applicant and This license shall be deemed to contain LIMA, PERU petitions for leave to intervene shall be the conditions specified in section 183 of filed in accordance with the provisions the Atomic Energy Act of 1954, as amended, Notice of Relocation of the Commission’s rules of practice (10 and is subject to the provisions of 10 CFR Notice is hereby given that on or about CFR Part 2). If a request for a hearing Part 20, “Standards for Protection Against June 15, 1969, the International Field by the applicant or a petition for leave Radiation” and other applicable rules, regu­ to intervene is filed within the time pre­ lations, and orders of the Atomic Energy Office at Lima, Peru, will be relocated to Commission now or hereafter in effect, and Miami, Fla. Functions and geographical scribed in this notice, the Commission to the following conditions: area of responsibility for this office re­ will issue a notice of hearing or an ap­ 1. The licensee shall not possess at any one main unchanged. This information will propriate order. Petitions to intervene or time more than: be reflected in the FAA Organization requests for public hearing may be filed A. 750 curies of byproduct material other Statement the next time it is reissued. with the Secretary, U.S. Atomic Energy than hydrogen-3. B. 5,000 curies of hydrogen-3. (Sec. 313(a), 72 Stat. 752; 49 U.S.C. 1354) Commission, Washington, D.C. 20545. For further details with respect to C. 12,500 pounds of source material. Issued in Atlanta, Ga., on April 25, D. 200 grams of special nuclear material. this proceeding see: (1) The applica­ 2. Except as specifically provided otherwise 1969. tion for license amendment and amend­ by this license, the licensee shall receive, Gordon A. Williams, Jr., ments thereto and (2) the related mem­ possess, store, and dispose of byproduct, Acting Director, Southern Region. orandum prepared by the Division of source, and special nuclear material in ac­ [F.R. Doc. 69-5331; Filed, May 2, 1969; Materials Licensing, all of which are cordance with the radiological safety pro­ 8:48 a.m.] available for public inspection at the cedures and limitations contained in the application for license amendment dated Commission’s Public Document Room, September 30, 1968, as amended November 6, 1717 H Street NW., Washington, D.C. A 1968, and March 3, 1969. copy of Item 2 above may be obtained at 3. Activities authorized in this license shall ATOMIC ENERGY COMMISSION the Commission’s Public Document be conducted by, or under the supervision of, [Docket No. 27-29] Room, or upon request to the Atomic Vernon L. Foley, Ellery K. Foley, or Peter J. Energy Commission, Washington, D.C. Knapp. RADIOLOGICAL SERVICE CO., INC. 20545, Attention: Director of Materials 4. The transportation of AEC-licensed ma­ Licensing. terial shall be subject to all applicable regu­ Notice of Proposed Issuance of lations of the Department of Transportation Dated at Bethesda, Md., April 24, 1969. and other agencies of the United States hav­ Amendment to Byproduct, Source, ing jurisdiction. and Special Nuclear Material For the Atomic Energy Commission. When Department of Transportation regu­ License J ohn A. M cB ride, lations in 49 CFR Parts 173-179 are not ap­ plicable to shipments by land of AEC- Please take notice that the Atomic Director, licensed material by reason of the fact that Energy Commission is considering the Division of Materials Licensing. the transportation does not occur in inter­ issuance of a license amendment, as set [License No. 29-1672-1, Arndt. 20] state or foreign commerce, (1) the transpor­ forth below, to the license held by Radio­ tation shall be in accordance with the The Atomic Energy Commission having requirements relating to packaging of radio­ logical Service Co., Inc. This amend­ found that: ment will provide for the following: active material, marking and labeling of the A. The licensee’s equipment, facilities, and package, placarding of the transportation 1. A change in the business address of procedures are adequate to protect health vehicle, and accident reporting set forth in the licensee from 35 Urban Avenue, and minimize danger to life or property; the regulations of the Department of Trans­ Westbury, N.Y. 11590 to 50 Van Buren B. The licensee is qualified by training and portation in §§ 173.389-173.399, 173.402, Avenue, Westwood, N.J. 07675. experience to use the material for the pur­ 173.414, 173.427, 49 CFR Part 173, “Shippers,” 2. A change in the license number pose requested in accordance with the reg­ and §§ 177.823, 177.842, 177.843, 177.861, 49 from 31-1672-1 to 29-1672-1. ulations in 10 CFR Ch. I, and in such manner CFR Part 177, “Regulations Applying to 3. Establishment of a facility at 1300 as to protect health and minimize danger to Shipments Made by Way of Common, Con­ Miller Road, Avon, Ohio 44011, for life or property; tract, or Private Carriers by Public High­ storage of packaged radioactive waste C. The application for license amendment • ways,” and (2) any requests for modifications dated September 30, 1968, as amended No­ or exceptions to those requirements, and any materials. vember 6, 1968, and March 3, 1969, complies notifications referred to in those require­ 4. A change in the designation of those with the requirements of the Atomic Energy ments shall be filed with, or made to, the individuals who may conduct operations Act of 1954, as amended, and 10 CFR Ch. I, Atomic Energy Commission. of the licensee. and is for a purpose authorized by that Act; 5. The licensee shall store packages con­ This license, if amended as proposed, and taining byproduct, source, and special nu­ would provide for receipt and possession D. The issuance of the license, as amended, clear material only at its facility located at of packaged radioactive waste materials will not be inimical to the common defense 1300 Miller Road, Avon, Ohio. in any State of the United States except and security or to the health and safety of 6. The licensee shall not open packages in Agreement States as defined in the public, containing byproduct, source, and special nu­ License No. 31-1672-1 is redesignated as clear material. § 30.4(c), 10 CFR Part 30, storage of the License No. 29-1672-1 and amended in its en­ 7. The licensee shall store byproduct, packages at a facility located at 1300 tirety to read as follows: source, and special nuclear material only in Miller Road, Avon, Ohio, and disposal Pursuant to the Atomic Energy Act of 1954, steel containers. of the packaged wastes by transfer to as amended, 10 CFR Part 30, “Rules of Gen­ 8. The licensee shall not possess any pack­ authorized land burial sites. Under the eral Applicability to Licensing of Byproduct age containing radioactive waste for more license, Radiological Service Co., Inc., Material,” 10 CFR Part 40, “Licensing of than 6 months from the date of its receipt. would not possess at any one time more Source Material,” and 10 CFR Part 70, “Spe­ This license shall expire on November 30, than 750 curies of byproduct material cial Nuclear Material,” a license is hereby 1972. except for tritium for which the posses­ issued to Radiological Service Company, Inc., 50 Van Buren Avenue, Westwood, N.J. 08675, Date of issuance: April 24, 1969. sion limit is 5,000 curies, 12,500 pounds to receive and possess packages containing of source material, and 200 grams of waste byproduct, source, and special nuclear For the Atomic Energy Commission. special nuclear material. material in any State of the United States J o hn A. McBride, Within fifteen (15) days from the date except in “Agreement States” as defined in Director, of publication of this notice in the F ed­ § 30.4(c), 10 CFR Part 30, to store the pack­ Division of Materials Licensing. eral R egister, any person whose in­ ages at a facility located at 1300 Miller Road, [F.R. Doc. 69-5297; Filed, May 2, 1969; terest may be affected by the issuance Avon, Ohio 44011, and to dispose of the 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 85— SATURDAY, MAY 3, 1969 7320 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— MAY

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

3 CFR Page 16 CFR page 41 CFR Page Executive Orjder: 13______'___ 7232, 7233, 7275-7277 1-3______7147 11467___ -______7271 15______7145, 7234, 7235, 7278 1-7______7148 240______7235 1-16______7148 5 CFR 1-20______7148 17 CFR 5A-1______:______7240 213______7231, 7281, 7282 8-3______7150 231______7235 7241 240______7235 101-45______7 CFR 101-46______7241 26______7282 P roposed R ules: 52______7133 230______!______7175 42 CFR 722______7231 239 ______- ______7175 81______7150, 7241 907 ______— 7134240 ______7250 908 ______7135 43 CFR 909 ______7282 20 CFR* 910 ______7283 404______7236 P roposed R ules: 912______7284 2240______7247 966______7135 21 CFR 1079______7136 120 ______7165,7237,7279 45 CFR P roposed R ules: 121 ______7165, 7237 115— ______— 7151 905______7168 119______7242 966______7170 24 CFR 801______7246 980______7170 200______7238 1003 ______7171 207______7238 47 CFR 1004 ______7171 233______7238 P roposed R ules: 1013______7173 235______7239 1016______7171 1700______7239 81______-______7289 1138______7248 83______- 7289 26 CFR 10 CFR 1______7145 49 CFR 8 ______7273 7______7156 29 CFR 71______7157 13 CFR 460______.______7239 171 ______7159 172 ______7159 102______7274 33 CFR 173 ______7159 124______1______7274 110______7146 174 ______7162 117______7146 177 ______7162 14 CFR 178 ------7163 39______36 — 7221 CFR 179 _— ______7165 71______7121-7124, 7221, 7274, 7275 530______- 7279 P roposed R ules: 97______- __ 7222 298______7124 39 CFR 232______7289 7177 P roposed R ules: 1131______- P roposed R ules: 1307______7177 39______7249, 7286 161 ______- 7285 162 ______7285 71______7287, 7288 50 CFR 121______^______7175 163 ______7285 166______7285 280-______7281 168______7285 15 CFR 242______7285 P roposed R ules: 200_____ 7144 245______7285 215______7247

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