FEDERAL REGISTER VOLUME 34 . NUMBER 73 Thursday, April 17,1969 • Washington, D.C. Pages 6565-6634

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Census Bureau Civil Aeronautics Board Coast Guard Consumer and Marketing Service Federal Communications Commission Federal Deposit Insurance Corporation Federal Home Loan Bank Board Federal Housing Administration Federal Maritime C om m ission Federal Reserve System Fiscal Service Fish and Wildlife Service Food and Drug Administration Housing and Urban Development Department Indian Affairs Bureau International Commerce Bureau Interstate Commerce Commission Land Management Bureau Packers and Stockyards Administration Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(A s of January 1, 1969)

Title 7— Agriculture (Parts 1000-1029) (Revised)------$1.50

Title 7— Agriculture (Parts 1090-1119) (Revised)------1.25

Title 32— National Defense (Parts 590-699) (Pocket Supplement)______0. 50

[A Cumulative checklist of CFR issuances for 1969 appears in the first issue of the Federal Register each month under Title Ü]

Order from Superintendent of Documents, United States 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, Nation FEDERAL^REGISTER Archives and Records Service, General Services Administration (mail address Nations Area Code 202 Vç /Aiircnv1934 «< jT Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in t e Federal Register Act, approved July 26, 1935 (49 Stat. 500, as-amended; 44 U.S.C., Ch. 15), Tinder regulations prescribed by the Adm n- istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ) . Distribution is made only by the Superintenden of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable 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 each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documen , U.S. Government Printing Office, Washington, D.C. 20402. . The regulatory material appearing herein is keyed to the Code o f F ederal R eg ulatio ns, which is published, under 50 titles, pursua to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of F ederal R egulations is sold by the Superintenae of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republicatlbn of material appearing in the F ederal R egister or the C ode of F ederal R egulation . Contents

AGRICULTURAL RESEARCH CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM SERVICE SERVICE Notices Rules and Regulations Federal Open Market Committee; Rules and Regulations current economic policy direc­ Duck virus enteritis (duck Onions grown in South Texas; tive ______- ______6627 plague) ; interstate movement— 6573 shipment limitation------6573 Foreign quarantine; importation Oranges grown in Arizona and FISCAL SERVICE of nursery stock, plants, and California; handling limita­ seeds (2 documents)------6571 tions: Notices N avel______6572 Puerto Rican-American Insur­ AGRICULTURAL STABILIZATION Valencia______6572 ance Co.; surety company ac­ AND CONSERVATION SERVICE Proposed Rule Making ceptable on Federal bonds------6618 Milk in Des Moines, Iowa, mar­ Rules and Regulations keting area; recommended de­ FISH AND WILDLIFE SERVICE Determination of acreage and cision ___ 6589 compliance; designation of cer­ Notices tification counties; correction— 6572 FEDERAL COMMUNICATIONS Fishing vessel mortgage and loan AGRICULTURE DEPARTMENT COMMISSION insurance; applications______6623 Loan application; Alvin E. Huhta_ 6623 See Agricultural Research Serv­ Notices ice; Agricultural Stabilization Common carrier services informa­ FOOD AND DRUG and Conservation Service; Con­ tion; domestic public radio sumer and Marketing Service; services applications accepted ADMINISTRATION Packers and Stockyards Admin­ for filing______6628 Notices istration. Vander Plate, Louis, et al.; hear­ Amdal Co.; food additive petition. 6625 ing, etc______6629 ATOMIC ENERGY COMMISSION Drugs for veterinary use; efficacy FEDERAL DEPOSIT INSURANCE study implementation : Rules and Regulations Dibutyltin dilaurate______6625 Procurement; miscellaneous CORPORATION Furaspor Liquid Veterinary----- 6625 amendments______6577 Rules and Regulations Proposed Rule Making Payment of deposits and interest HEALTH, EDUCATION, AND Licensing of production and utili- ' thereon by insured nonmember WELFARE DEPARTMENT zation facilities; quality as­ banks; mutual savings banks in surance criteria for nuclear Massachusetts ------6574 See Food and Drug Administra­ powerplants ______6599 tion. Notices FEDERAL HOME LOAN BANK Regents of University of California BOARD HOUSING AND URBAN at Irvine; proposed issuance Rules and Regulations DEVELOPMENT DEPARTMENT of construction permit______6626 Waiver or relaxation of regula­ See also Federal Housing Adminis­ Virginia Electric and Power Co.; tration. application for construction tory provisions in disaster permit and facility license_____ 6626 areas______6575 Notices Acting Assistant Secretary for CENSUS BUREAU FEDERAL HOUSING Mortgage Credit and Federal Notices ADMINISTRATION Housing Commissioner; desig­ nation and revocation______6625 Number of employees, taxable Rules and Regulations wages, geographic location and Delegations of basic authority kind of business for establish­ and functions; miscellaneous INDIAN AFFAIRS BUREAU ments of multiunit companies; amendments------6575 Notices determination for surveys_____ 6624 FEDERAL MARITIME Headquarters Administrative Offi­ CIVIL AERONAUTICS BOARD cer; redelegation of authority_6619 Notices COMMISSION Transfer of land records______6619 Hearings, etc.: Proposed Rule Making International Air Transport Exclusion of two party rate-fixing INTERIOR DEPARTMENT Association______6626 agreements: Conference agreement provis­ See Fish and Wildlife Service; In­ Pan American World Airways, dian Affairs Bureau; Land Man­ Inc ------6627 ions relating to concerted ac- tivities; minutes______6502 agement Bureau. COAST GUARD Self-policing requirements------6502 Rules and Regulations Shippers’ requests and complaints; INTERNATIONAL COMMERCE reporting requirements------6502 Anchorage areas and grounds: BUREAU Notices Lake Mead at South Bay, Ariz. 6577 Notices San Diego Harbor, Calif______6577 Revocation of independent ocean freight forwarder licenses: Interagra S.A.; extension of tem­ COMMERCE DEPARTMENT Container Forwarding Services, porary denial of export priv­ See Census Bureau; International In c ______6630 ileges ______ri__ 6624 commerce Bureau. Mireles, Eugenio______- 6630 (Continued on next page) 6567 6568 CONTENTS

INTERSTATE COMMERCE LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE COMMISSION Rules and Regulations COMMISSION Public land orders: Rules and Regulations Rules and Regulations Alaska (2 documents)_____ 6583, 6585 Guide for preparatipn and filing Car service: California (2 documents)_ 6583, 6585 of registration statements; mis­ Demurrage on freight cars____ 6588 Idaho (3 documents) _ 6583, 6584, 6586 leading names of registrants; Louisiana_____;______6584 Louisville and Nashville Rail­ interpretative release------6575 Nevada ______*______6586 road Co. authorized to operate New Mexico (2 documents)____ 6583 Notices over certain trackage aban­ Oregon (2 documents)____ 6584, 6585 Hearings, etc.: doned by Tennessee Central Washington (3 documents)_____ 6584, Continental Vending Machine C o r p ______6630 Railway Co______!— 6587 6585,6586 Wyoming ______6586 Massachusetts Indemnity & Life Notices Insurance Co______6630 Notices Texas Uranium Corp------6631 Car distribution: Alaska; proposed withdrawal and Top Notch Uranium and Mining Florida East Coast Railway Co. reservation of lands and ter­ C o r p ______6631 et al. (2 documents)______6613 mination (2 documents)______6620 Westec Corp______6631 Louisville and Nashville Rail­ California: Opening of national forest road Co. et al______6614 SMALL BUSINESS lands______6621 ADMINISTRATION Penn Central Co. and Soo Line Proposed classification of pub­ Railroad Co------6614 lic lands: Notices Seaboard Coast Line' Railroad Multiple-use management__ 6621 Authority delegations: Co. and Illinois Central Rail­ Transfer out of Federal Assistant Administrator (Comp' road Co______6614 ownership ______6620 tr o lle r )______6631 Nevada; proposed withdrawal and Assistant Administrator for Ad­ Seaboard Coast Line Railroad reservation of lands______6621 ministration; rescission------6632 Co. et al______6614 New Mexico; proposed withdrawal Assistant Administrator for Motor carrier, broker, water car­ and reservation of lands______6622 Management______6632 rier, and freight forwarder ap­ Oregon; offering of land for sale. 6622 Merchants Investment Corp.; ap­ plications ______6604 proval of application for trans­ Motor carriers: PACKERS AND STOCKYARDS fer of control of licensed small business investment company. 6632 Temporary authority applica­ ADMINISTRATION tions ______:_____ 6615 Notices TRANSPORTATION DEPARTMENT Transfer proceedings (4 docu­ Washington County Stockyard See Coast Guard. ments) ______6617, 6618 et al.; posted stockyards______6623 Rerouting and diversion of traffic; • TREASURY d e p a r t m e n t Illinois Central Railroad Co__ 6614 See Fiscal Service. CONTENTS 6569 List of CFR Parts Affected The following numerical guide is a list of the peats of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parte 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 parte and sections affected by documents published since January 1, 1969. and specifies how they are affected.

12 CFR 2198 (revoked in part by PLO 3 CFR 4593)______* _____ — 6583 Executive O rders: 329______6574 2548 (revoked by PLO 4595)______6583 Sept. 7, 1917 (revoked in part by 508______6575 3707 (revoked in part by PLO PLO 4604)______6585 4605)______6586 Sept. 27, 1917 (revoked in part by 17 CFR 4513 (revoked by PLO 4608) ______6587 PLO 4604)______6585 231______6575 4592 ______.'______6583 June 8, 1926 (revoked in part by 4593 ______6583 PLO 4604)______6585 24 CFR 4594 ______6583 March 14, 1927 (revoked by PLO 200______6575 4595 ______6583 4600)______6584 4596 ______6583 718 (revoked by PLO 4597)------6584 33 CFR 4597 ______6584 2067 (revoked in part by PLO 4598 ______6584 4596)______6583 110 (2 documents)------6577 4599 ______6584 5289 (revoked in part by PLO 4600 ______6584 4602) ______6585 41 CFR 4601 ______6585 9-1______c______6578 4602 ______ÜL______6585 7 CFR 9-2______6578 4603______6585 319 (2 documents) ______6571 9-3______6579 4604______6585 718______6572 9-6______6579 4605.______6586 4606 __ 6587 907 ______6572 9-7______6579 908 ______6572 9-8______6579 4607 ______6587 959______6573 9-14______6579 4608 ______6587 9-18______6579 Proposed R u l e s : 9-58______— 6582 1079______6589 46 CFR 43 CFR P roposed R u l e s : 9 CFR P ublic L and O rders: 527 ______6502 83_.— ...... 6573 528 _____ 6502 191 (revoked in part by PLO 537______6502 4607)______6587 10 CFR 261 (revoked in part by PLO Proposed R u l e s : 4607)______6587 49 CFR 50------:...... 6599 881 (see PLO 4607)______6587 1033 (2 documents)______6587 1273 (revoked in part by PLO 4607)______6587

6571 Rules and Regulations

(b ), 319.37-19(c)). After due consider­ PART 319— FOREIGN QUARANTINE Title 7— AGRICULTURE ation of all relevant matters presented NOTICES and pursuant to the provisions of sec­ Chapter III— Agricultural Research tions 1, 5, 7, and 9 of the Plant Quaran­ Subpart— Nursery Stock, Plants, and Service, Department of Agriculture tine Act of 1912, as amended (7 U.S.C. Seeds 154, 159, 160, 162), said §§ 319.37(b) and PART 319— FOREIGN QUARANTINE 319.37-19 (c) are hereby amended in the A dministrative I nstructions C o ncern­ NOTICES following respects: in g I m portation op P in u s s p p . (5- L eaved) and R ibes s p p . in t o C ertain Subpart— Nursery Stock, Plants, and 1. Section 319.37(b) is amended as S tates Seeds follows: (a) Delete therefrom the following Pursuant to § 319.37-24 of the regula­ tions relating to the importation of I m portation items now appearing in the “Plant ma­ terial” , “ Foreign country or countries nursery stock, plants, and seeds (7 CFR On October 12, 1968, there was pub­ 319.37-24), under the authority of ¡sec­ from which prohibited” , and “Injurious lished In the F ederal R egister (33 F.R. tions 1, 5, 7, and 9 of the Plant Quaran­ insect or plant disease determined as ex­ 15253) a notice of rule making concern­ tine Act of 1912, as amended (7 U.S.C. isting in the country or countries named ing proposed amendments of §§ 319.37(b) 154, 159, 160, 162), administrative in­ and capable of being transported in the and 319.37-19 (c) of the regulations re­ structions designated as § 319.37-24d are prohibited plant material” tabular col­ lating to the importation of nursery hereby issued to read as follows: stock, plants, and seeds (7 CFR 319.37 umns, respectively: § 319.37—24d Administrative instruc­ Injurious insect or plant disease tions concerning importation of determined as existing in the country Pinus spp. (5-leaved) and Ribes spp. Plant material Foreign country or countries from or countries named and capable of into certain States. which prohibited being transported in the prohibited plant material (a) In accordance with § 319.37-24 of the regulations supplemental to the Pinus spp. (Weaved)...... All foreign countries when destined Cronartium ribicola Fischer (White- quarantine relating to the importation to States designated as noninfected pine blister rust). in § 301.63-3a of this chapter or of nursery stock, plants, and seeds (7 amendments thereof. CFR 319.37-24), the Director of the Ribes nigrum (both plants and All foreign countries when destined to Cronartium ribicola Fischer (White- Plant Quarantine Division has deter­ seeds). States designated as noninfected in pine blister rust). $ 301.63-3a of this chapter or amend­ mined that the States of Massachusetts, ments thereof. Michigan, New York, West Virginia, and Wisconsin have taken action to suppress (b) Revise the wording therein in the respective tabular columns relating to white-pine blister rust. To assist in the *Ribes nigrum”, to read as follows: suppression of this disease, these States have promulgated quarantines prohibit­ Ribes nigrum..______.. England and New Zealand...... Aphelenchoides ritzemabosi (Schwartz) ing the entry into such States in inter­ Steiner (Black currant eel worm). state commerce of Pinus spp. (5-leaved) British Isles and Sweden...... Acrogenus ribis Burk. (Black currant reversion disease virus). and Ribes spp. and, further, have re­ quested that the U.S. Department of 2. Amend § 319.37-19 (c) by changingthe importation of these Pinus species Agriculture cooperate by restricting the the wording in the tabular columns re­ and Ribes species into those States de­ importation from foreign countries of lating to ‘‘Ribes nigrum”, to read as siring protection against white-pine such materials into these States. follows: blister rust disease. (b ) Under authority conferred upon Plants to be grown As proposed in the notice of rule mak­ the Director of the Plant Quarantine under postentry ing, Sweden is added to the list of coun­ Division by § 319.37-24, notice is hereby quarantine Where imported from tries from which importation of Ribes given that import permits will be re­ Ribes nigrum_____ AH foreign countries nigrum is prohibited on account of the fused for the importation of Pinus spp. except British Isles, black currant reversion disease virus; (5-leaved) and Ribes spp. when destined Canada, New Zea­ and the scientific name of the black cur­ to the States of Massachusetts, Michi­ land, and Sweden. rant eel worm is changed. gan, New York, West Virginia, and Wis­ (Secs, l, s, 7, 9j 37 stat. 315-318, as amended; These amendments should be made consin, or any portion thereof as desig­ 7 U-S.C. 154, 159, 160, 162; 29 FJt. 16210, as effective promptly in order to accomplish nated by the States. amended; 33 FJl. 15485) the purpose of the amendments in the (Secs. 1, 5, 7, 9, 37 Stat. 315-318, as amended; These amendments shall become effec- public interest. Accordingly, pursuant to 7 U.S.C. 154, 159, 160, 162; 7 CFR 319.37-24; 29 F.R. 16210, as amended; 33 FJl. 15485) hve upon publication in the F ed e r a l the administrative procedure provisions Register. of 5 U.S.C. 553, it is found upon good These administrative instructions shall These amendments in part differ in cause that further notice and public became effective upon publication In the iorm from those set forth in the notice participation in the rule making pro­ F ederal R egister. Proposed rule making, but the changes cedure concerning the amendments are The purpose of these administrative made will not alter the effect of the impracticable and unnecessary and good instructions is to cooperate with the amendments as adopted from what the cause is found for making the amend­ States desiring protection against white- nect of the proposal would have been. ments effective less than 30 days after pine blister rust disease by prohibiting Jhe items “Pinus spp. (5-leaved)” and the importation of Pinus spp. (5-leaved) publication in the F ederal R egister. and Ribes spp. into such States from all Ribes spp. (both plants and seeds) ** are Done at Washington, D.C., this 2d day eleted from the proposed conditionally foreign countries in furtherance of ac­ of April 1969. tion already taken by those States to Prohibited listing in § 319.37(b); and ad­ [ seal] R. J. A nderson, suppress the disease that might be in­ ministrative instructions are being issued, Acting Administrator, troduced with such plants. Therefore, der §319.37-24 (Cooperation with Agricultural Research Service. the administrative instructions should which will result in imposing [FJR. Doc. 69-4523; Plied, Apr. 16, 1969; be made effective promptly in order to corresponding conditions by restricting 8:48 a.m.] - accomplish their purpose in the public

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6572 RULES AND REGULATIONS interest. Accordingly, pursuant to the engage in public rule-making procedure, Order No. 908, as amended (7 CFR Part administrative procedure provisions of 5 and postpone the effective date of this 908, 33 F.R. 19829), regulating the U.S.C. 553, it is found upon good cause section until 30 days after publication handling of Valencia oranges grown in that notice and other public procedure on hereof in the F ederal R egister (5 U.S.C. Arizona and designated part of Califor­ these instructions are impracticable and 553) because the time intervening be­ nia, effective under the applicable pro­ contrary to the public interest and good tween the date when information upon visions of the Agricultural Marketing cause is found for making them effective which this section is based became avail­ Agreement Act of 1937, as amended (7 less than 30 days after publication in the able and the time when this section must U.S.C. 601-674) , and upon the basis of F ederal R egister. become effective in order to effectuate the recommendations and information Done at Hyattsville, Md., this 2d day the declared policy of the act is insuffi­ submitted by the Valencia Orange Ad­ of April 1969. cient, and a reasonable time is permitted, ministrative Committee, established un­ under the circumstances, for prepara­ der the said amended marketing agree­ [ seal] F. A. ^Jo h n st o n , tion for such effective time; and good ment and order, and upon other avail­ Director, able information, it is hereby found that Plant Quarantine Division. cause exists for making the provisions hereof effective as hereinafter set forth. the limitation of handling of such [F.R. Doc. 69-4524; Filed, Apr. 16, 1969; Valencia oranges, as hereinafter pro­ 8:48 a.m.] The committee held an open meeting during the current week, after giving due vided, will tend to effectuate the declared notice thereof, to consider supply and policy of the act. Chapter VII— Agricultural Stabilization market conditions for Navel oranges and (2) It is hereby further found that it and Conservation Service (Agricul­ the need for regulation; interested per­ is impracticable and contrary to the tural Adjustment), Department of sons were afforded an opportunity to public interest to give preliminary notice, Agriculture submit information and views at this engage in public rule-making procedure, meeting; the recommendation and sup­ and postpone the effective date of this SUBCHAPTER B— FARM MARKETING QUOTAS porting information for regulation dur­ 30 AND ACREAGE ALLOTMENTS section until days after publication ing the period specified herein were hereof in the F ederal R egister (5 U.S.C. [Amdt. 5] promptly submitted to the Department 553) because the time intervening be­ PART 718— DETERMINATION OF after such meeting was held; the provi­ tween the date when information upon ACREAGE AND COMPLIANCE sions of this section, including its effec­ which this section is based became avail­ Designation of Certification Counties tive time, are identical with the afore­ able and the time when this section said recommendation of the committee, must become effective in order to effec­ Correction and information concerning such provi­ tuate the declared policy of the act is In F.R. Doc. 69-4069 appearing at page sions and effective time has been dis­ insufficient, and a reasonable time is per­ 6235 in the issue of Tuesday, April 8,1969, seminated among handlers of such Navel mitted, under the circumstances, for in § 718.28 the following changes should oranges; it is necessary, in order to effec­ preparation for such effective time; and be made: tuate the declared policy of the act, to good cause exists for making the provi­ 1. In the alphabetical listing under make this section effective during the sions hereof effective as hereinafter set the center heading “Kentucky,” change period'herein specified; and compliance forth. The committee held an open meet­ the word “Montgemery” to read with this section will not require any ing during the current week, after giving “Montgomery.” special preparation on the part of per­ due notice thereof, to consider supply 2. In the second line of the authority sons subject hereto which cannot be and market conditions for Valencia citation, the reference to “ 7 U.S.C. 1378” completed on or before the effective date oranges and the need for regulation; in­ should read “ 7 U.S.C. 1373” . hereof. Such committee meeting was terested persons were afforded an oppor­ held on April 15, 1969. tunity to submit information and views Chapter IX— Consumer and Market­ (b) Order. (1) The respective quanti­at this meeting; the recommendation ing Service (Marketing Agreements ties of Navel oranges grown in Arizona and supporting information for regula­ and designated part of California which tion during the period specified herein and Orders; Fruits, Vegetables, may be handled during the period April were promptly submitted to the Depart­ Nuts), Department of Agriculture 18, 1969, through April 24, 1969, are ment after such meeting was held; the [Navel Orange Reg. 178] hereby fixed as follows: provisions of this section, including its (1) District 1: 693,000 cartons; effective time, are identical with the PART 907— NAVEL ORANGES (ii) District 2: 207,000 cartons; aforesaid recommendation of the com­ GROWN IN ARIZONA AND DESIG­ (iii) District 3: Unlimited movement. mittee, and inf ormation concerning such NATED PART OF CALIFORNIA (2) As used in this section, “handled,” provisions and effective time has been Limitation of Handling “District 1,” “District 2,” “District 3,” disseminated among handlers of such and “carton” have the same meaning as Valencia oranges; it is necessary, in order § 907.478 Navel Orange Regulation 178. when used in said amended marketing to eff ectuate the declared policy of the (a) Findings. (1) Pursuant to the agreement and order. act, to make this section effective during marketing agreement, as amended, and (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. the period herein specified; and com­ Order No. 907, as amended (7 CFR Part 601-674) pliance with this section will not require any special preparation on the part ot 907, 33 F.R. 15471), regulating the Dated: April 16, 1969. handling of Navel oranges grown in Ari­ persons subject hereto which cannot be zona and designated part of California, P aul A. N ic h o lso n , completed on or before the effective date effective under the applicable provisions Deputy Director, Fruit and hereof. Such committee meeting was of the Agricultural Marketing Agree­ Vegetable Division, Consumer held on April 15, 1969. ment Act of 1937, as amended (7 U.S.C. and Marketing Service. (b) Order. (1) The respective quan­ 601-674), and upon the basis of the rec­ [F.R. Doc. 69-4687; Filed! Apr 16, 1969; tities of Valencia oranges grown in Ari­ ommendations and information sub­ 11:24 a.m.] zona and designated part of California mitted by the Navel Orange Administra­ which may be handled during the period tive Committee, established under the [Valencia Orange Reg. 272] April 18, 1969, through April 24, 1969, said amended marketing agreement and PART 908— V A LEN CIA ORANGES order, and upon other available infor­ are hereby fixed as follows: mation, it is hereby found that the lim­ GROWN IN ARIZONA AND DESIG­ (1) District 1: 242,137 cartons; itation of handling of such Navel or­ NATED PART OF CALIFORNIA (ii) District 2: 141,881 cartons; anges, as hereinafter provided, will tend Limitation of Handling (iii) District 3: 275,000 cartons. to effectuate the declared policy of the (2) As used in this section, “handler,^ act. § 908.572 Valencia Orange Regulation “District 1,” “District 2,” “District 3, (2) It is hereby further found that it 272. and “carton” have the same meaning a is impracticable and contrary to the pub­ (a) Findings. (1) Pursuant to the when used in said amended marketing lic interest to give preliminary notice, marketing agreement, as amended, and agreement and order.

FEDERAL REGISTER, V O L 34, NO. 73— THURSDAY, APRIL 17, 1969 RULES AND REGULATIONS 6573

(Secs. 1-10, 48 Stat. 31, as amended; 7 U.S.C. hereof through May 3, 1969, the packag­ (b) Location of shed at which onions 601-674) ing of onions is prohibited except during will be packaged for which exemption is Dated: April 16, 1969. the hours of 12 noon through 6 p.m. of requested. any Monday through Friday and during (c) Reason for request. P a u l A . N ic h o l s o n , the hours of 10 a.m. through 12 noon of Deputy Director, Fruit and (d) Anticipated date of shipment. any Saturday: Provided, That: (e) Mode of transportation and, if for Vegetable Division, Consumer (1) A handler may package during a and Marketing Service. export, name of vessel. different period in any specified day or (/) I f for export, port of debarkation. [F.R. Doc. 69-4688; Filed Apr. 16, 1969; days consisting of the same number of (p) Estimated quantity of each varie­ 11:24 a.m.] consecutive hours, upon giving the com­ tal type and size for which exemption is mittee and Federal-State inspection requested. (959.309, Amdt. 1] service advance notice thereof. Such ad­ (h ) Remarks, if any. vance notice shall be by telephone to the PART 959— ONIONS GROWN IN (i) Signature of applicant and date. committee office and the Federal-State (?) Other information that may be re­ SOUTH TEXAS inspection service, immediately con­ quired by the committee. Limitation of Shipments firmed in writing on forms provided by (ii) I f it is determined by the commit­ the committee for such purpose. tee from the available information that Findings, (a) Pursuant to Marketing (2) Whenever a handler during the the applicant is entitled to an exemption Agreement No. 143 and Order No. 959, hours when he is authorized to package for a quantity of onions, and if it is both as amended (7 CFR Part 959; 34 onions is prevented, by a condition here­ concluded that such exemption will not Fit. 6439), regulating the handling of inafter specified as being beyond his jeopardize the objectives of the program, onions grown in designated counties in reasonable control, for more than 1 con­ the committee shall issue one or more ex­ South Texas, effective under the applica­ secutive hour from so packaging onions, emption certificates to such handler. I f ble provisions of the Agricultural Mar­ he may obtain permission from the com­ it is determined from the available in­ keting Agreement Act of 1937, as mittee to package onions during a com­ formation that the applicant is not amended (7 U.S.C. 601 et seq.), and upon parable number of additional hours in entitled to an exemption, he will be in­ the basis of the recommendation and in­ the same day or a later day as specified formed by written notice why the appli­ formation submitted by the South Texas by the committee. The conditions that cation was not granted. Onion Committee, established pursuant are specified as being beyond a handler’s to said marketing agreement and order, (iii) Handlers repackaging onions or reasonable control are: packaging onions for export must, in ad­ and upon other available information, (i) Interruption of utility services ; or dition to complying with the foregoing, it is hereby found that the amendment (ii) Adverse weather; or to the limitation of shipments regulation, telephone or otherwise notify the com­ (iii) Fire; or mittee office prior to such handling of hereinafter set forth, will tend to effec­ (iv) Mechanical failure of grading tuate the declared policy of the act. onions and inform the committee of the equipment; or (b) It is hereby found that it is im­ period that they will be so handling practicable and contrary to the public (v) Labor strike at the packing shed; onions during hours other than those au­ interest to give preliminary notice or or thorized for the packaging of onions. engage in public rule making procedure, (vi) Such other similar conditions as (iv) The handlers shall report all and that good cause exists for not post­ are so determined by the committee. shipments made under an approved ex­ poning the effective date of this amend­ emption on a form furnished by the Whenever a handler is so prevented from committee. ment until 30 days after publication in packaging onions he shall immediately the F ederal R eg ister (5 U.S.C. 553) in have a Federal-State inspector note the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. that (1) the 1969 marketing season for reason for such occurrence and the time 601 et seq.) South Texas onions is currently in prog­ thereof. The handler shall notify the Dated: April 15, 1969, to become effec­ ress and volume shipments are now being committee by telephone within 2 hours tive April 18, 1969. made, (2) compliance with this amend­ of the inception of such condition and ment will not require any special prep­ shall give immediate written confirma­ P a u l A. N ic h o l s o n , aration by handlers, (3) Information tion thereof on forms provided by the Deputy Director, Fruit and Veg­ regarding the committee’s recommenda- committee for this purpose. etable Division, Consumer and Marketing Service. ^ as ^>een disseminated to producers (3) Exemptions for special purposes: Mid handlers in the production area, (4) Onions for: (i) Export to locations out­ [FJt. Doc. 69-4589; FUed, Apr. 16, 1969; the length of time between the time the side the North American continent and 8:52 a.m.] need for such amendment to the regula­ not for reimportation ; and (ii) re­ tion is determined and the time it must packaging into consumer size packages oecome effective is relatively short be­ cause the daily shipments of production when such onions have been previously packaged during authorized hours for Title 9— ANIMALS AND on*ons increase very rapidly and such packaging, have been inspected by cn amendment should become effective lore such onion shipments become ex- a Federal-State inspector and have com­ ANIMAL PRODUCTS plied with such other regulations in ^ delaying the effective date effect issued pursuant to § 959.52; are amendment to the regulation Chapter I— Agricultural Research afford handlers an opportunity to exempt from the restrictions on the Service, Department of Agriculture packaging and loading of onions on Sun­ aro ease. ^ e ir shipments of production days and the restrictions on the hours SUBCHAPTER C— INTERSTATE TRANSPORTATION t w u1^0115 Prior to the effective date when onions may be packaged pursuant OF ANIMALS AND POULTRY t w Cby Ending to nullify any benefits to § 959.53, Handling for special pur­ otherwise be derived from such PART 83— DUCK VIRUS ENTERITIS amendment to the regulation. poses, provided that the safeguard re­ (DUCK PLAGUE) quirements established pursuant to amended. In § 959.309 (33 § 959.54 are complied with. Interstate Movement dip« te 309) ,aiï}end the limitation of ship- (4) Safeguards: thprp^/e^Lat!on ky adding, to the end ' Pursuant to the provisions of sections thp n ’ ^ffitional regulations to limit (i) The handler shall make applica­ 1 and 3 of the Act of March 3, 1905, as oniJ^C+kagmg hours for South Texas tion for exemption for handling for such amended, sections 1 and 2 of the Act of onions, to read as follows: special purposes on forms prescribed by, February 2, 1903, as amended, sections and available at the office of the South 59.309 Limitation o f shipments. 4, 5, 6, and 7 of the Act of May 29, 1884, Texas Onion Committee. Upon request as amended, and section 3 of the Act of by the committee the following informa­ July 2, 1962 (21 U.S.C. 111, 112, 113, 115, Peririi iy,c1c.a9in9 limitations. During the tion shall be supplied by the applicant: 117, 120, 123, 125, and 134b), Part 83, m beginning on the effective date (q) Name and address of the handler. designated “Duck Virus Enteritis (Duck

No. 73----- a FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6574 RULES AND REGULATIONS

Plague) ” in Title 9, Code of Federal Reg­ (4) The flock meets one of the follow­ amendments should be made effective ulations, is hereby amended in the follow­ ing requirements: promptly to be of maximum benefit to ing respects: (i) No evidence of duck virus enteritis persons subject to the restrictions which 1. A new paragraph (t) is added to has ever been known to exist in domestic are relieved and to the Federal-State § 83.1 to read as follows: waterfowl located on the premises; or program. Therefore, under the adminis­ (ii) No evidence of duck virus enteri­ trative procedure provisions in 5 U.S.C. § 83.1 Definitions. tis has existed on the premises during 553, it is found upon good cause that ***** the past 12 months and the flock at the notice and other public procedure with (t) Approved vaccine. A vaccine for time of approval is not known to have respect to the amendments are imprac­ the control of duck virus enteritis which been affected with duck virus enteritis; ticable and contrary to the public inter­ is produced and tested in accordance with or est and they may be made effective less the regulations in Subchapter E of this (iii) The premises has been com­ than 30 days after publication in the chapter. A list of approved vaccines may pletely depopulated and thoroughly F ederal R e g ist e r . be obtained from the Director of the cleaned and disinfected under the su­ Done at Washington, D.C., this 11th Veterinary Biologies Division. % pervision of a Federal or State inspector day of April 1969. and left vacant for a period of 21 days, 2. Paragraph (b) of § 83.5 is amended R . J. A n d e r s o n , and a new paragraph (f ) is added to read and such premises is repopulated with Acting Administrator, as follows: waterfowl from an approved source; or Agricultural Research Service. (iv) No evidence of duck virus enter­ § 83.5 Interstate movement o f domestic itis exists in waterfowl now located on [F.R. Doc. 69—4522; Filed, Apr. 16, 1969; waterfowl, products thereof, and re­ the premises and the flock has been 8:48 a.m.] lated articles from quarantined area tested for duck virus enteritis by a State restricted. or Federal inspector and found to be * * * * * negative. (b) Other domestic waterfowl. Domes­ (5) When flocks are vaccinated Title 12— BANKS AND BANKING tic waterfowl, other than newly hatched against duck virus enteritis, only an ap­ Chapter III— Federal Deposit domestic waterfowl, may be moved in­ proved vaccine is used, it is used under Insurance Corporation terstate from a quarantined area if they the supervision of a State or Federal in­ ( 1) originate from an approved source spector and it is used only in flocks not PART 329— PAYMENT OF DEPOSITS flock; (2) were hatched in an approved known to have been affected with the AND INTEREST THEREON BY IN­ hatchery or under natural conditions on disease. SURED NONMEMBER BANKS the farm of origin; (3) have been tested (b) Maintenance of approved status: for duck virus enteritis by a State or A breeding or commercial domestic wa­ Mutual Savings Banks in Federal inspector and found to be nega­ terfowl flock which has been designated Massachusetts tive; and (4) are not known to have been an approved source flock by the Direc­ 1. Effective April' 14, 1969, § 329.7 of exposed to duck virus enteritis and are tor of Division shall retain such status so the rules and regulations of the Federal certified by a State or Federal inspector long as the applicable provisions of para­ Deposit Insurance Corporation (12 CFR as meeting these requirements. graph (a) of this section are complied 329.7) is amended by adding a new para­ ***** with under the supervision of a State or graph (f) as follows: Federal inspector. (f) Eggs. Clean eggs from domestic § 329.7 Maximum rates of interest or waterfowl may be moved interstate from 4. Paragraph (d) of § 83.8 is deleted dividends payable on deposits by in­ a quarantined area if they originate in and paragraph (c) is amended to read sured nonmember mutual savings approved source flocks, are not known to as follows: banks. have been exposed to products or equip­ § 83.8 Approval o f hatcheries. ment or personnel which may have been contaminated by nonapproved source * * * * * (f) Special notice account deposits in flocks, and have been sanitized by means (c) Only eggs from approved source Massachusetts. Notwithstanding para­ of a final rinse which contains ( 1) 200 flocks are hatched on the premises. graph (b) of this section, any insured parts per million of free chlorine or (2) (d) [Deleted] nonmember mutual savings bank located 400 parts per million of a quartemary * * * * * in the Commonwealth of Massachusetts ammonium cationic detergent, and are (Secs. 1 and 2, 32 Stat. 791 and 792, as may pay a higher rate of interest or divi­ certified by a State or Federal inspector amended, secs. 4, 5, 6, and 7, 23 Stat. 32, as dends on any deposit which is subject to amended, secs. 1 and 3, 33 Stat. 1264 and as meeting these requirements. a written agreement with the depositor 1265, as amended, sec. 3, 76 Stat. 130; 21 that such deposit may not be withdrawn U.S.C. 111, 112, 113, 115, 117, 120, 123, 125, 3. Section 83.7 is amended to read as in whole or in part other than pursuant follows: 134b. 29 F.R. 16210, as amended, 33 F.R. 15485) to the terms of a withdrawal notice § 83.7 Approval and maintenance of signed by the depositor and to be _ re­ source flocks. Effective date. The foregoing amend­ ceived by the bank not less than 90 days ments shall become effective upon pub­ in advance of a 9-day withdrawal period. (a) A breeding flock or commercial lication in the F ederal R e g ist e r . flock of domestic waterfowl may be des­ The purposes of the foregoing amend­ 2a. The purpose of this amendment is ignated an approved source flock by the ments are ( 1) to allow the interstate to enable mutual savings banks in Mass­ Director of Division after a period of 60 movement of eggs from approved source achusetts which are subject to wn days during which the flock has been un­ flocks from areas quarantined because Corporation’s interest regulations der tiie supervision of a Federal or State of duck virus enteritis (duck plague); compete more effectively with simi inspector, if: (2) to permit the use of an approved institutions in that State which are (1) Flock records including mortal­ vaccine to be used in the vaccination of subject to such regulations. ity and egg production, when appropri­ breeding or commercial flocks which are b. There was no notice and public par ate, are available for inspection by State to be designated as approved source ticipation with respect to this am® or Federal inspectors; flocks; and (3) to clarify certain pro­ ment, nor is the effective date the (2) Any waterfowl that die in the visions of the regulations by a rearrange­ deferred after publication, sln®® * flock are submitted to an approved labo­ ment of the format. board of directors had found purs ratory for examination as requested by The amendments relieve certain re­ to § 302.6 of the Corporation s rules an a State or Federal inspector and do not strictions presently imposed and will be regulations (12 CFR 302.6) that, urher show pathological lesions of duck virus of benefit to the Federal-State program the circumstances, such procedure ^ . enteritis; now in operation in the State of New cause delay and would prevent the from becoming effective as promp y (3) The flock has not known to have York for the control and eradication of been exposed to duck virus enteritis. duck virus enteritis (dtlck plague). The necessary in the public interest.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 RULES AND REGULATIONS 6575

(Sec 9, 64 Stat. 881; applies or interprets sec. would in the opinion of the Board in the business indicated by the name, 18, 64 Stat. 891, 12 UJS.C. 1828) likewise be contrary to the public interest a change of name may be the only way to cure its misleading character. I f the F ederal D eposit I nsurance for the same reason, and the Board here­ registrant is substantially engaged in C orporation, by so finds, and the Board hereby pro­ the line of business, even though it does [ seal] EL F. D o w n e y , vides that said amendment shall become Secretary. effective as hereinbefore set forth. not comprise the major portion of the By the Federal Home Loan Bank business, it may be sufficient to disclose [FJR. Doc. 69-4520; Filed, Apr. 16, 1969; Board. under the name*of the registrant on the 8:48 a.m.] cover page of the prospectus the limited [ seal] Jack C arter, extent to which the registrant is engaged Secretary. Chapter V— Federal Home Loan Bank in the business indicated by its name. [F R . D oc. 69-4558; Filed, Apr. 16, 1969; This paragraph does not apply, however, Board 8:51 a.m.] to an established company which over a SUBCHAPTER A— GENERAL period of years has changed the general [No. 22,728] character of its business and where the investing public is generally aware of the PART 508— PROMULGATION OF Title 17— COMMODITY AND change and the character of the reg­ REGULATIONS AND AMENDMENTS istrant’s present business. SECURITIES EXCHANGES A registrant’s name may also be mis­ Waiver or Relaxation of Regulatory leading if it is the same or substantially Provisions in Disaster Areas Chapter II— Securities and Exchange the same as the name of another well- Commission known company. I f it appears likely that A pr il 14, 1969. [Release No. 33-4959] the registrant’s name may be confused Resolved riiat the Federal Home Loan with the name of the other company, Bank Board, upon the basis of considera­ PART 231— IN TERPRETATIVE RE­ consideration should be given to chang­ tion of the desirability of amending Part LEASES RELATING TO THE SECURI­ ing the name. However, if both com­ 508 of the general regulations of the Fed­ TIES ACT OF 1933 AND GENERAL panies are new or small and relatively eral Home Loan Bank Board (12 CFR unknown and are located in different Part 508) for the purpose of authorizing RULES AND REGULATIONS THERE­ UNDER parts of the country, so that investors the Board to waive or relax any regula­ are not likely to mistake one company tory provisions with respect to any area Guide for Preparation and Filing of for the other, it would be sufficient to affected by a major disaster as deter­ disclose on the cover page of the pro­ mined by the President of the United Regisfration Statements; Misleading Names of Registrants spectus, under the name of the reg­ States, hereby amends said Part 508 by istrant, the lack of any relationship be­ adding a new § 508.10-1, immediately In recent months the Commission’s tween the two companies. after § 508.10, to read as follows, effec­ Division of Corporation Finance has ob­ tive April 17,1969: served an increase in the incidences of By the Commission, April 7, 1969. § 508.10—1 Waiver or relaxation of reg­ registrants adopting names which may [ seal] O rval L. D u B o is, ulatory provisions with respect to be misleading. Some registrants have Secretary. disaster areas. used names which may create a mislead­ [F R . Doc. 69-4428; Filed, Apr. 16, 1969; ing impression as to the nature of their Whenever the President of the United 8:52 a.m.] business. For examples, registrants have States determines that a major disaster exists, or declares an area a major proposed to use words such as “nuclear,” “missile,” “space,” “nucleonics” or “elec­ disaster area, the Board may, to the extent not inconsistent with law, by tronics” in their names where they were Title 24— HOUSING AND resolution waive or relax any limitations not engaged in activity normally asso­ Pertaining to the operations of Federal ciated with those words, or only so en­ savings and loan associations, institu­ gaged to a very limited extent. HOUSING CREDIT The Division also may deem a reg­ tions insured by the Federal Savings and Chapter II— Federal Housing Admin­ Loan Insurance Corporation and member istrant’s name to be misleading if it is so institutions of the Federal Home Loan similar to the name of another company, istration, Department of Housing Bank System in any area or areas af­ particularly a well-known and estab­ and Urban Development fected by such disaster or so declared. lished company, that it is likely to be confused with the name of the other SUBCHAPTER A— GENERAL (Sec. 17, 47 Stat. 736, as amended, secs. 5 company. 402, 403, 48 Stat. 132, 1256, 1257, as amended; PART 200— INTRODUCTION 12 UA.C. 1437, 1464, 1725, 1726; Reorg. Flan The Commission has authorized pub­ Subpart D— Delegations of Basic Na 3 of 1947, 12 F R . 4981, 3 CFR, 1943- lication of this proposed guide in order to 1948 Comp„ p. 1071) bring the views of the Division to the at­ Authority and Functions Resolved further that, since affording tention of prospective registrants. Com­ M iscellaneous A m endm ents notice and public procedure on the above ments and suggestions on the proposed guide should be submitted to Charles EL In Part 200 in the Table of Contents amendment would delay it from becom­ §§ 200.53, 200.54, and 200.84a are deleted ing effective for a period of time and Shreve, Director, Division of Corpora­ tion Finance, Securities and Exchange and §§ 200.97, 200.102, 200.103, and since it is in the public interest that the 200.106 are amended as follows: authority contained in the amendment Commission, Washington, D.C. 20549, on necome effective upon publication in the or before May 5, 1969, so that the Divi­ Sec. sion may have the benefit of the views of 200.97 Assistant Commissioner for Field jtderal R egister, the Board hereby finds Operations and Deputy; Assist­ tnat notice and public procedure on said those interested before the guide is pub­ lished in definitive form. Pending pub­ ant Commissioner for Home amendment is contrary to the public in­ Mortgages and Deputy; Assistant terest under the provirions of § 508.11 oi lication in definitive form, the Division Commissioner for Property Im­ e general regulations of the Federal will generally follow the proposed guide provement and Deputy; and the 5?®* Loan Bank Board (12 CFR 508.11) as published in the text set forth below. Assistant Commission»* for Multi­ 54. Misleading character of certain family Housing and Deputy; and roli 5 ^ ® 553(b), and publication ol Division Directors under their u amendment for the period specified registrants’ names. A registrant’s name may be materially misleading if it indi­ supervision. .. §508.14 of the general regulations oi 200.102 Assistant Commissioners and Direc­ cates a line of business in which the Federal Home Loan Bank Board (12 tor, Audit Division. registrant is not engaged or is engaged 200.103 Division Directors and their superi­ y * « ' 508.14) and 5 U.S.C. 553(d) prioi only to a limited extent. I f the registrant ors; Field Office Directors, Depu­ the effective date of said amendment is not engaged to any substantial extent ties, and Assistants, and others.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6576 RULES AND REGULATIONS

200.106 Assistant Commissioner for Field § 200.88 Property Disposition Commit­ Administration; and Assistant Commis­ Operations and Deputy; Directors, tee. sioner for Programs, or their designees. Deputy Directors, Assistant Direc­ tors, and Administrative Officers (a) Members. The Property Disposi­ ***** and Chief Clerks in FHA Field tion Committee is comprised of the fol­ In § 200.90, paragraph (a) is amended Offices; Assistant Commissioner lowing members; Deputy Assistant to read as follows: for Administration and Deputy; Secretary, Chairman; Assistant Com­ Director of Personnel; and Dep­ missioner for Field Operations; Assistant § 200.90 Finance Committee. uty Director of Personnel. Commissioner for Home Mortgages; (a) Members. The Finance Committee In Part 200 § 200.51 is amended to read Assistant Commissioner for Multifamily is comprised of the following members: as follows: Housing; Assistant Commissioner for Director, Research and Statistics Divi­ Technical Standards; Assistant Com­ sion, Chairman; Assistant Commis­ § 200.51 Acting Commissioner. missioner for Property Disposition; and sioner-Comptroller, and Assistant Com­ The Deputy Assistant Secretary, the such other members as the Assistant missioner for Administration. Executive Assistant Commissioner, the Secretary-Commissioner shall designate. * * * * * Assistant Commissioner for Field Opera­ (b) Functions. The functions of the In § 200.92, paragraph (a) is amended tions, the Assistant Commissioner for Property Disposition Committee are : to read as follows : Programs, the Assistant Commissioner (1) To pass upon and determine the § 200.92 Structural Defects Committee. for Administration, and the Assistant action to be taken with respect to the Commissioner-Comptroller, in the order acceptance or rejection of any offer to (a) Members. The Structural Defects named, are designated by the Assistant purchase a property of 12-or more living Committee is composed of the following Secretary-Commissioner to act in his units or any mortgage acquired by FHA members: Assistant Commissioner for place and stead in the event of his ab­ in connection with multifamily housing Home Mortgages, Chairman; Assistant sence or inability to act, having the title mortgage insurance under any title of Commissioner-Comptroller; and Assist­ of “ Acting Commissioner” with all the the Act, the sale and terms of sale of ant Commissioner for Technical Stand­ powers, duties, and rights delegated to mortgages taken as security in connec­ ards, or their designees. the Assistant Secretary-Commissioner by tion with the sale of such properties, and ♦ * * * * the Secretary of Housing and Urban to establish general policies with respect Development. In § 200.93, paragraph (a) is amended to the disposition of acquired properties to read as follows : § 200.53 General Counsel and Associate and mortgages. The minutes of the Com­ General Counsel. [Revoked] mittee reflecting its determinations shall § 200.93 Multifamily Participation Re­ view Committee. In Part 200 § 200.53 is revoked. constitute the basis of acceptance or re­ jection of such offers and the execution (a) Members. The Multifamily Par­ § 200.54 Regional Operations Commis­ of all documents and instruments relat­ ticipation Review Committee shall con­ sioners and Deputies. [Revoked] ing and incident thereto by the Assistant sist of the following officials or their In Part 200 § 200.54 is revoked. Commissioner for Property Disposition deputies ; Assistant Commissioner for or his Deputy. Field Operations, Chairman; Assistant § 200.84a Assistant to the Commissioner, (2) To determine whether or not an Commissioner for Technical Standards; Intergroup Relations. [Revoked] expenditure is “necessary to carry out Assistant Commissioner for Multifamily In Part 200 § 200.84a, is revoked. the provisions” of titles I, n , VI, VH, V III, Housing; Director, Audit Division; Direc­ In § 200.84e paragraph (c) is amended and IX as such term is used in section 1 tor, Compliance Coordination; and such to read as follows: of the National Housing Act, and to ap­ other members as the Assistant Secre­ tary-Commissioner shall designate. § 200.84e Director, Compliance Coordi­ prove such expenditure for and on behalf nation. of the Assistant Secretary-Commissioner ***** whenever such a determination and ap­ In § 200.97, the heading and introduc­ proval is necessary to support the legal tory text are amended to read as follows: (c) To assist the Deputy Employmentauthority of the Assistant Secretary- Policy Officers, and the Deputy Contracts Commissioner to make such expenditure. § 200.97 Assistant Commissioner for Compliance Officers with compliance ac­ (3) In connection with the functions Field Operations and Deputy; As­ tivities under the Executive orders for sistant Commissioner for Home of this committee, the Chairman is au­ equal opportunity in housing, equal em­ Mortgages and Deputy; Assistant thorized to execute in the official name ployment opportunity in government and Commissioner for Property Improve­ on government contracts and govern­ of the Assistant Secretary-Commissioner, ment and Deputy; and the Assistant as his agent, all contracts of sale, deeds ment-assisted contracts. Commissioner for Multifamily Hous­ or any other documents or instruments ing and Deputy and Division Direc­ In § 200.85 paragraph (a) is amended necessary in connection with the sale of tors under their supervision. to read as follows: properties or with conveyance of title of To the positions of Assistant Commis­ such properties. § 200.85 Executive Board. sioner for Field Operations and his (4) This committee shall meet at the Deputy; and as they apply to home mort­ (a) Members. The committee calledcall of the Chairman and shall maintain the Executive Board is comprised of the gage insurance operations to the posi­ minutes of each meeting. Such minutes tions of Assistant Commissioner for following members: Assistant Secretary- shall be dated, consecutively numbered Commissioner, Chairman; Deputy As­ Home Mortgages and his Deputy; ana and shall be signed by each member who as they apply to property improvement sistant Secretary, Vice Chairman; Ex­ attended the meeting. The original of ecutive Assistant Commissioner; Assist­ loans under section 2 of title I of tne such minutes shall be retained by the National Housing Act to the positions oi ant Commissioner for Field Operations; Assistant Commissioner-Comptroller in Assistant Commissioner for Home Assistant Commissioner for Property im­ Mortgages; Assistant Commissioner for the official FHA records. provement and his Deputy; and as they Multifamily Housing; Assistant Com­ In § 200.89, paragraph (a)(1) is apply to multifamily housing mortgages to the positions of Assistant Commis­ missioner for Property Improvement; amended to read as follows: Assistant Commissioner for Technical sioner for Mulfcifamily Housing and ms Standards; Assistant Commissioner for § 200.89 Substantial Compliance Com­ Deputy, and as they apply to multifamiiy Programs; Assistant Commissioner for mittee. housing project mortgage servicing Administration; Assistant Commis­ (a) Members. (1) The Substantial the positions of Director, Project Mor - gage Servicing Division, and his pepiny sioner-Comptroller; Assistant Commis­ Compliance Committee is comprised of and to the positions of branch chief ana sioner for Property Disposition; and the following members: Assistant Com­ to each of them under their supervision, Director, Audit Division. missioner for Property Improvement, and as they apply to project mortgage in­ In Part 200, § 200.88 is amended to read Chairman; Assistant Commissioner- surance initiation to the positions of as follows: Comptroller; Assistant Commissioner for rector, Project Mortgage Insurance

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 'RULES AND REGULATIONS 6577

Division, and his Deputy and to the posi­ sec. 807, 69 Stat. 651, as amended; 12 U.S.C. Effective date. This amendment shall tions of branch chief and to each of them 1703, 1715b, 1742, 1747k, 1748f, 1750f) become effective 30 days following the under their supervision, there is dele­ Issued at Washington, D.C., April 10, date of publication in the F ederal R eg ­ gated the following duties and functions. 1969. is t e r . ***** W il l ia m B. Ross, Dated: April 14,1969. In § 200.102, the heading and intro­ Acting Federal Housing Commissioner. P . E. T r im b l e , ductory text are amended to read as Vice Admiral, U.S. Coast Guard, follows: [F.R. Doc. 69-4521; Filed, Apr. 16, 1969; Acting Commandant. 8:48 a.m.] § 200.102 Assistant Commissioners and [F.R. Doc. 69-4554; Filed, Apr. 16, 1969; Director, Audit Division. • 8:50 am .] To the position of Assistant Commis­ sioner, and to each of them, and to the [CG FR 69-37] position of Director, Audit Division, in Title 33— NAVIGATION AND addition to the authority granted under PART 110— ANCHORAGE the provisions of section 204(g) of the NAVIGABLE WATERS REGULATIONS National Housing Act, there is delegated Chapter I— Coast Guard, Department Subpart B— Anchorage Grounds the following duties and functions. of Transportation * * * * * S a n D ieg o H arbor, C a l if . SU8CHAPTER I— ANCHORAGES In Part 200 § 200.103 is amended to [CG FR 69-36] 1. The Commander, 11th Coast Guard read as follows: District, Long Beach, Calif., by letter PART 110— ANCHORAGE dated March 18, 1969, requested the dis­ § 200.103 Division Directors and their superiors; Field Office Directors, REGULATIONS establishment of the Temporary Naval Deputies, and Assistants, and others. Anchorage in San Diego Bay, as de­ Subpart A— Special Anchorage Areas scribed in 33 CFR 110.210(a)(4), since To the position of Assistant Commis­ L ak e M ead at S o u t h B a y , A r iz . the Navy no longer has need for this sioner and Deputy Assistant Commis­ temporary anchorage. The request is sioner, Special Assistant and Deputy 1. The U.S. Department of the In­ granted. Special Assistant, Assistant to the Com­ terior, National Park Service, Lake Mead 2. This document effectuates this re­ missioner, Defense Coordinator, Division Recreational Area, Boulder City, Nev., quest by revoking paragraph (a) (4) of requested an expansion of the boundaries Director and Deputy Division Director, § 110.210, which describes the limits of Field Office Director, Deputy Field Office of the special anchorage area in South this anchorage ground, and by revoking Bay, Lake Mead, Ariz., as described in Director, Assistant Field Office Director, paragraph (b) (5) of § 110.210, which 33 CFR 110.127 (n ), published in the there is delegated the duty and function prescribes the regulations pertaining F ederal R e g ister on March 23, 1968 (33 to certify that official long distance tele­ thereto. phone calls made were necessary in the F.R. 4922). A public notice dated Feb­ Interest of the Government, pursuant to ruary 1, 1969, was issued by the Com­ 3. In Subpart B of Part 110, § 110.210 31 U.S.C. 680a (section 4 of the Act ap­ mander, 11th Coast Guard District, Long San Diego Harbor, Calif., is amended by proved May 10, 1939, 53 Stat. 738). Beach, Calif., describing the proposed revoking paragraphs (a) (4) and (b) (5) changes. All known interested parties thereof. In § 200.106, the heading and para­ were notified and requested to comment (Sec. 7, 38 Stat. 1053, as amended, sec. 6 (g) graph (a) are amended to read as on the proposal. No objections were re­ (1) (A ), 80 Stat. 937; 33 U.S.C. 471, 49 UB.C. follows: ceived. Since the foregoing procedure 1655(g)(1)(A); 49 CFR 1.4(a) (3) (1)) § 200.106 Assistant Commissioner for afforded effective notice to all interested Effective date. This amendment shall Field Operations and Deputy; Direc­ parties, publication of the notice in the become effective 30 days following the tors, Deputy Directors, Assistant D i­ F ederal R eg ister is considered unneces­ date of publication in the F ederal rectors, and Administrative Officers sary. Therefore, the request to expand R e g ister . and Chief Clerks in FHA Field Of­ the boundaries of the special anchorage fices; Assistant Commissioner for area as-described in 33 CFR 110.127 (n) Dated: April 11,1969. Administration and Deputy; Director below is granted, subject to the right W . J. S m i t h , of Personnel; and" Deputy Director to change the requirements and to amend of Personnel. Admiral, U.S. Coast Guard, the regulations if and when necessary Commandant. (a) To the Assistant Commissioner for in the public interest. [F.R. Doc. 69—4555; Filed, Apr. 16, 1969; Field Operations; Deputy Assistant Com­ . 2. This document effectuates this re­ 8:50 am .] missioner for Field Operations; Direc­ quest by revising paragraph (n) of tors, Deputy Directors, Assistant Direc­ § 110.127, describing the new limits of tors, Administrative Officers, and Chief this special anchorage area. Clerks in FHA Field Offices; the Assistant 3. In § 110.127, paragraph (n) is re­ Commissioner for Administration; the vised to read as follows: Title 41— PUBLIC CONTRACTS Director of Personnel; and the Deputy Director of Personnel, pursuant to 5 § 110.127 Lake Mohave and Lake Mead, AND PROPERTY MANAGEMENT U.S.C. 16a, there is delegated the au­ Nev. and Ariz. thority to administer the oath required ***** Chapter 9— Atomic Energy by section 1757, Revised Statutes, as (n) South Bay, Ariz. That portion of Commission amended (5 U.S.C. 16) incident to en-i Lake Mead enclosed by the shore and a MISCELLANEOUS AMENDMENTS TO trance into the executive branch of the line connecting the following points, ex­ cluding one 100-foot wide fairway, ex­ CHAPTER Federal, Government, or any other oath tending westerly from the launching required by law in connection with em­ The following amendments to the A EC ramp, as established by the Superintend­ Procurement Regulations implement and ployment therein, such, oath to be ad­ ent, Lake Mead Recreation Area: supplement Amendment 48 to the Fed­ ministered without charge or fee and to Latitude Longitude eral Procurement Regulations. The prin­ have the same force and effect as oaths "a ” 36°06'26" "a ’' 114°06'13" cipal change is the addition of a new ¡administered by officers having seals. “b ” 36°05'00" “b ” 114°06'50~ Part 9-18, Procurement of Construction ***** “c” 36°05'00" “c*' 114°06'13~ and Contracting for Architect-Engineer Services. Changes in other parts related 48 Stat. 1246, as amended; sec. 211, * * * * * ef btat- 23> as amended; sec. 607, 55 Stat. (Sec. 1, 30 Stat. 98 as amended, sec. 6 (g ) (1) to this addition are also included. Except aJnended: sec. 712, 62 Stat. 1281, as ( B ) , 80 Stat. 937; 33 U.S.C. 180, 49 U .S .0 .1655 for elimination of material (including uaed; sec. 907, 65 Stat. 301, as amended; (g ) (1) ( B ) ; 49 CFR 1.4(a) (3) (11) ) elimination of AEC’s termination article

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6578 RULES AND REGULATIONS

for CPFF construction contracts) now § 9—1.5401 Purpose. neer-constructor contract). I f this con­ covered by the FPR and transfer of ma­ This subpart sets forth AEC general tractual arrangement is used, the con­ terial to the new part, there are no sig­ policy with respect to the avoidance of tract shall provide for performance of nificant changes in these amendments. organizational conflicts of interest. This the title H I architect-engineer services PART 9-1— GENERAL subpart is in addition to and not in lieu by contractor’s engineering personnel of other requirements in the AECPR who are not responsible to the con­ 1. In § 9-1.104, Applicability, para­concerning AEC policies for avoiding con­ tractor’s construction personnel, or the graph (c) is revised to read as follows: flicts of interest. (See AECPR §§ 9-3.951 title IH services shall be performed by another organization selected by the § 9—1.104 Applicability. and 9-56.401 (a) (2 ).) The Report to the President on Government Contracting AEC. ***** for Research and Development (gen­ (c) The following sections and sub­erally known as the Bell Report) pro­ PART 9-2— PROCUREMENT BY parts of the Federal Procurement Regu­ posed that each department and agency FORMAL ADVERTISING lations Part 1 and this AECFR Part 1 head develop a “Code of Conduct” for constitute specific provisions which the organizations in the research and de­ 5. Section 9-2.102-50, Policy, cost-type contracting officer shall bring to the at­ velopment field. This subpart has been contractor procurement, is revised to read tention of cost-type contractors in the developed in accordance with that as follows: development of statements of contractor instruction. § 9-2.102-50 Policy, cost-type contrac­ procurement practices as constituting tor procurement. areas which require appropriate treat­ 4. In § 9-1.5407, Guides applicable ment in order to carry out the basic AEC prior to selection of contractor and exe­ The following sections o f AECPR Part procurement policy set forth in AECPR cution of contract, paragraph (g) is re­ 2 constitute specific provisions which the 9-1.5203. vised to read as follows: contracting officer shall bring to the at­ § 9—1.5407 Guides applicable prior to tention of cost-type contractors, Classes Section or A and B, as constituting areas which re­ subpart Subject selection o f contractor and execution o f contract. quire appropriate treatment in the devel­ FPR: opment of statements of contractor 1—1.305------Specifications. ***** 1—1.306------Standards. procurement practices, in order to carry (g) Combinations of contracts forout the basic AEC procurement policy 1-1.307------Purchase descriptions. architect-engineering and construction 1-1.310------Responsible prospective set forth in AECPR 9-1.5203. There are contractor. services, which may result in self-inspec­ no provisions in FPR 1-2 which require 1-1.316------Time of delivery or per­ tion of construction work, tend to pre­ appropriate treatment in the develop­ formance. vent a contractor from rendering ment of statements of contractor pro­ 1—1.5______Contingent Fees. unbiased decisions, or create difficulties curement practices. 1—1.6------Debarred, Suspended, and in segregating costs between contracts, Ineligible Bidders. and should be avoided. However, it is Section Subject 1—1.7______Small Business Concerns. recognized that sometimes it is advan­ AECPR: 1-1.8------Labor Surplus Area Con­ 9-2.102-51 Cost-type contractor pro­ cerns. tageous under carefully circumscribed conditions for AEC to obligate a single curement through com­ 1-1.9------Reporting Possible Anti­ petitive bids and awards. firm to perform both architect-engineer trust Violations. 9-2.406-50___ Mistakes in bids for cost- 1-1.10 ______Publicizing Procurement and construction work, or for AEC to type contractor procure­ Actions. enter into a contract for architect- ment before and after 1-1.11______Qualified Products. engineer and construction management award. 1-1.16______Reports of Identical Bids. services which may include performance AECPR: 9-2.408 Information to bidders. 9-1.302-1 ( b) _ Procurement from local of a segment of the construction work with the contractor’s own forces. Unless 6. Section 9-2.201, Preparation of in­ trade area sources. vitations for bids, is revised to read as 9-1.305—1_____ Mandatory use of Federal otherwise authorized by the Director, Specifications. Division of Contracts, Headquarters, the follows: 9—1.310______Responsible prospective following combinations of contracts § 9—2.201 Preparation o f invitations for contractors. shall not be awarded to the same firm bids. 9-1.350______AEC Specifications and or to affiliated companies: Standards. When an option to increase or decrease 9—1.354______Prebidding and prepro­ (1) CPFF and fixed-price contracts for the quantities specified is employed, the posal conferences. construction services, for on-site archi­ percentage inserted in the option should 9—1.5______Contingent Fees. tect-engineer services, or for construc­ not normally exceed 25 percent and in 9-1.6------Debarred, Suspended, and tion and on-site architect-engineer no event shall it exceed 50 percent with­ Ineligible Bidders. services on different construction proj­ out prior authorization of the Director 9-1.7______Small Business Concerns. ects, if the performance of any portion 9-1.8______Labor Surplus Area Con­ of the Headquarters division or office of the work under each contract is to be concerned. The following language is cerns. concurrent and in the same general 9-1.9______Reporting Possible Anti­ suggested for incorporation in invita­ location. trust Violations. tions for bids: 9-1.11______Qualified Products. (2) A fixed-price contract or con­ 9-1.50______;. Change Orders, Equitable tracts, for both architect-engineer and The Government reserves the right to in­ Adjustments, and Sup­ construction services on the same con­ crease or decrease the quantity specified in plemental Agreements any item of the schedule b y ------percent struction project, or a CPFF contract without change in the unit price, if at any for Fixed-Price Con­ a tracts. for architect-engineer services and time during the life of the contract such an fixed-price contract for construction 9-1.54______General Policy for the increase or decrease shall be determined to Avoidance of Organiza­ services on the same construction proj­ be in the interests of the Government. ect. I f a firm is to be responsible under tional Conflicts of In­ When the contract contains a provision terest. such contractual arrangements for both design and construction services, title m for termination for convenience of the § 9-1.355 [Deleted] architect-engineer services shall be per­ Government, the words “ or decrease” in 2. Section 9-1.355, Combinations of formed by another organization selected the option may be deleted. architect-engineer and construction con­ by the AEC. § 9-2.403 [Deleted] tracts, is deleted. (3) A CPFF contract for both archi­ 3. Section 9-1.5401, Purpose, is revised tect-engineer and construction services 7. Section 9-2.403, Recording of bids, to read as follows: on the same construction project (engi­ is deleted and reserved.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 RULES AND REGULATIONS* 6579

§ 9—2.407—1 [Deleted] §§ 9-6.202— 9-6.251 [Deleted] Sec. 9-18.306-50 Preparation for negotiation— 8. Section 9-2.407-1, General, is de­ 15. Subpart 9-6.2, Buy American Act— architect-engineer and cost- leted and reserved. Construction Contracts, is deleted in its plus-a-fixed-fee construction entirety. contracts. § 9—2.407—50 [Deleted] 9-18.307 Negotiations. 9. Section 9-2.407-50, Government PART 9-7— CONTRACT CLAUSES Subpart 9—18.6— Buy American Act estimates, is deleted. § 9-7.5007-14 [Deleted] 9-18.600 Scope. 9-18.602-1 General. 16. Section 9-7.5007-14, Termination 9-18.606 Violations of Buy American Act PART 9-3— PROCUREMENT BY article for cost-plus-a-fixed-fee con­ provisions in construction NEGOTIATION struction contracts, is deleted and contracts. reserved. 9-18.650 Excepted supplies to be used in 10. Section 9-3.408, Letter contract, is the construction, alteration, or repair of any public work. revised to read as follows: PART 9-8— TERMINATION OF § 9—3.408 Letter contract. CONTRACTS Subpart 9—1 8.50— Rental of Construction Equipment Letter contracts shall contain a pro­ § 9-8.750 [Deleted] vision obligating the parties to enter 9-18.5000 Scope of subpart. into a definitive contract within a speci­ 17. Section 9-8.750, Termination arti­9-18.5001 General policy. cle for cost-plus-a-fixed-fee construction 9-18.5002 Rental of contractor-owned fied time (preferably within 120 days) or, equipment. upon failure to do so, the Government’s contracts, is deleted and reserved. 9-18.5002-1 Rental agreement. obligation shall be limited to reimburse­ 9-18.5002-2 Rental period. ment of the contract’s costs incurred un­ PART 9-14— INSPECTION AND 9-18.5002-3 Rental rates. der the terms of the letter contract ACCEPTANCE 9-18.5002-4 Application of rates. through the termination date. 9-18.5002-5 Insurance. 18. In § 9-14.5003, Construction con­ 9-18.5002-6 Rental limitation. §§ 9-3.802-50, 9-3.802-51 [Deleted] tracts, paragraph (a) is revised to read 9-18.5002-7 Record of negotiation. 11. Sections 9-3.802-50, as follows: 9-18.5002-8 Responsibility for repair and Preparation replacement. for negotiation— architect-engineer and § 9—14.5003 Construction contracts. 9-18.5002-9 Equipment condition and in­ cost-plus-a-fixed-fee construction con­ spection. tracts, and 9-3.802-51, Preproposal con­ (a) Inspection services may be per­9-18.5003 Rental of third-party-owned ferences, are deleted. formed by the architect-engineer respon­ equipment. 12. Section 9-3.805, Selection ‘of of­ sible for the design. Inspection services 9-18.5003-1 Rental agreement. ferors for negotiation and award, is re­ may not be procured from a fixed-price 9-18.5003-2 Rental rates. 9-18.5003-3 Insurance. vised to read as follows: construction contractor with respect to its own work since this would represent 9-18.5003-4 Option to purchase equipment. § 9—3.805 Selection o f offerors for ne­ self-inspection. Under cost-type con­ A u t h o r it y : The provisions of this Part gotiation and award. tracts where the construction contractor 9-18 issued under sec. 161, Atomic Energy As indicated in FPR 1-3.805-1, the pro­ and architect-engineer are the same, Act of 1954, as amended, 68 Stat. 948, 42 cedures set forth in paragraphs (a), (b ), some degree of self-inspection may be U.S.C. 2201; sec. 205, Federal Property and permitted but shall not constitute final Administrative Services Act of 1949, as (c ), and (d) of FPR 1-3.805-1 may not be amended, 63 Stat. 390, 40 U.S.C. 486. applicable in certain cases. See AECPR inspection and acceptance by the Gov­ 9-5(f for specific instructions to be fol­ ernment. (See A E C P R 9-1.5407 ( g ).) § 9—18.000 Scope of part. lowed for selection of contractors by ***** This part implements and supplements board process. the contracting procedures peculiar to §9-3.950 [Deleted] PART 9-18 — PROCUREMENT OF construction contracts set forth in FPR CONSTRUCTION AND CONTRACT­ 1-18 and also sets forth related AEC re­ 13. Section 9-3.950, Subcontracting by quirements for architect-engineer serv­ CPFF Prime Construction Contractors, is ING FOR ARCHITECT-ENGINEER ice contracts. deleted and reserved. SERVICES Subpart 9—18.1— General Provisions 19. New Part 9-18 is added as follows: §'9—18.102—1 General. PART 9-6— FOREIGN PURCHASES Sec. 14. Section 9—6.000—50, Policy, cost-9-18.000 Scope of part. See also AECPR 9-1.705-3. type contractor procurement, is revised Subpart 9—1 8.1— General Provisions § 9 —18.108 Government estimates. to read as follows: 9-18.102-1 General. A Government estimate of costs shall 9-18.108 § 9—6.000—50 Policy, cost-type contrac­ Government estimates. also be prepared for construction sub­ 9- i9.Hl Concurrent firm fixed-price and tor procurement. contracts under cost-type contracts. The cost-type construction con­ services of the architect-engineer, op­ The following subparts in FPR 1-6 and tracts. erating contractor, or construction con­ in this AECPR 9-6 constitute specific 9-18.112 Construction contracts with de­ sign architect-engineers. tractor will be used as appropriate in the Provisions which the contracting officer 9-18.150 Abstracts of construction bids preparation of Government estimates. shall bring to the attention of cost-type and proposals. § 9—18.111 Concurrent firm fixed-price contractors as constituting areas which Subpart 9—1 8.2— Formal Advertising and cost-type construction contracts. require appropriate treatment in the de­ 9-18.203-1 Preparation of invitations for See AECPR 9-1.5407(g). velopment of statements of contractor" bids. procurement practices in order to carry 9-18.205 Prebid conferences. § 9—18.112 Construction contracts with design architect-engineers. out the basic AEC procurement policy set Subpart 9—1 8.3— Negotiations See AECPR 9-1.5407(g). forth in AECPR 9-1.5203: 9-18.303 Price negotiation policies and Subparts Subject procedures. § 9—18.150 Abstracts o f construction 9-18.305 Subcontracting policies and bids and proposals. R 1-6,1------Buy American Act—Sup­ procedures.- ply and Service Con- 9-18.306-2 Cost-reimbursement type con­ Managers of Field Offices shall sub­ tracts tracts. mit a copy of the certified abstract of AECPR 9- 6,1----- Buy American Act—Sup­ 9-18.306-3 Selection of a cost-reimburse­ bids or a certified copy of the abstract ply Service Contraots. ment type contractor. of proposals to the Director, Division of

FEDERAL REGISTER, V O L 34, NO. 73— THURSDAY, APRIL 17, 1969 6580 RULES AND REGULATIONS

Construction for each fixed-price con­ § 9—18.306—3 Selection o f a cost-reim­ (ii) Title II—Provide complete design tract and subcontract to be entered into bursement type contractor. of the work including preparation of all by AEC and its cost-type contractors for See AECPR 9-56. required preliminary and final working construction projects on a formal ad­ drawings, specifications, estimates, and vertising or an invited proposal basis § 9—18.306—50 Preparation for negotia­ contract documents; assist in securing, which is estimated to equal or exceed tion— architect-engineer and cost- analyzing and evaluating bids or pro­ $250,000 and which will require on-site plus-a-fixed-fee construction con­ posals for construction; and consult with labor. Each abstract shall be submitted tracts. the AEC on all questions arising in con­ promptly and shall include the Govern­ (a) General. Before attempting to nection with the services performed by ment estimate. negotiate a contract, the following in­ the architect-engineer. formation should be prepared: (iii) Title III—Provide complete ar­ Subpart 9—18.2— Formal Advertising (1) Description of the work. A suffi­ chitect-engineer supervision and inspec­ § 9—18.203—1 Preparation o f invitations ciently detailed description and cost esti­ tion of construction under the direction for bids. mate of the work should be provided to of a responsible representative. Check shop drawings, and furnish record draw­ (a) The following procedure shall be permit an evaluation of services to be ings to show construction as actually followed in furnishing copies of construc­ performed by the various participants accomplished. tions plans and specifications: and the degree of complexity of its principal components. For lump-sum (iv) Process design. Process design (1) On all invitations, plans and A-E contracts, the information as to the normally requires the preparation of flow specifications will be available on request work should be in more detail and on a diagrams showing each operating step to to all prospective bidders, including gen­ firmer basis, particularly as to estimated perform the process; material and heat eral contractors, subcontractors, and costs, than for a CPFF contract. The balances where required; determination materials and equipment suppliers. estimated cost of the component items of the nature, capacity and design Where the cost of reproduction is $10 or (including the costs of material and characteristics of production equipment; more, the charge shall be a minimum of equipment furnished by AEC) and their the general design of connecting flow $10 and subject to a maximum, of $25, descriptions, insofar as available, should lines to handle the calculated rates of depending upon the size of the project product and byproduct flow; and sche­ and the number of drawings and the be included as follows: (1) Major buildings and other struc­ matic layouts. volume of specifications involved. Where tures for which complete designs and (v) Procurement of materials and the cost of reproduction is less than $10, equipment. (Describe fully.) the Field Office Manager has authority specifications are to be prepared by the architect-engineer, including number (vi) Other special services. (Describe to make distribution at cost of reproduc­ and cost of each .type, with as much in­ fully.)^ tion, or free of charge, as a particular formation as is available (within security (2) Cost-plus-a-fixed-fee construction situation dictates. requirements) as to the functional re­ contracts. See also FPR 1-18.306-2. (2) No refund for the return of plans quirements for such structures. (3) Cost-plus-a-fixed-fee engineer- and specifications will be made except (ii) Major utilities, including classifi­ constructor contracts. A written state­ when the invitation is canceled or no cations and costs in as much detail as ment should be prepared which gives award is made under the invitation. practicable. the extent to which the services of the Under such circumstances, refund of (iii) Special equipment to be procured contractor cover the services set forth payments will be made upon return of by the operating contractor, construction in subparagraphs ( 1) and (2) of this the plans and specifications in good con­ contractor, or architect-engineer, or fur­ paragraph. dition to the issuing office. nished by the AEC. (4) Procurement of special equipment, (3) Plans and specifications will be (iv) Special equipment to be designed Contracts for procurement services only issued without charge to such organiza­ by the architect-engineer. are rarely used. Procurement of special tions as The Associated General Con­ (v) Special equipment to be installed equipment is generally contracted for in tractors of America, American Road by the construction contractor. conjunction with CPFF contracts for Builders’ Association, Dodge Reports, (2) Estimated cost and time for com­ construction, operating, or architect- Blue Reports, Brown’s Letters, Inc., and pletion. A statement should be provided engineer services. In special situations, others that maintain public plan display indicating total estimated cost of the procurement of other equipment and rooms. work exclusive of the construction con­ construction materials is also contracted § 9—18.205 Prebid conferences. tractor’s fee, and to the extent available for in conjunction with CPFF contracts identifying labor, material, and indirect for operating or architect-engineer serv­ See also AECPR 9-1.354. costs, and any amount included for con­ ices. The description of procurement Subpart 9-18.3— Negotiations tingencies; estimate of cost of architect- services in subdivision (ii) of this sub- engineer services; and estimated time of paragraph is applicable to all of these § 9—18.303 Price negotiation policies completion of design or construction cases. and procedures. work, with an explanation of the basis (i) Special equipment is equipment for See also AECPR 9-1.50 and 9-3.405-5. for establishing the completion schedules. which the purchase price is of such a (b) Extent of services— (1) Architect- magnitude compared to the cost of in­ § 9—18.305 Subcontracting policies and procedures. engineer contracts. A written statement stallation as to improperly reflect the should be prepared which gives the ex­ amount of technical direction and man­ The provisions of FPR 1-18.305 (b) and tent to which the services of the archi­ agement effort required of the contrac­ AECPR 9-59 apply to the procurement tect-engineer include any of the services tor. The determination of the specific of construction services by AEC cost-type set forth below. items of equipment in this category re­ contractors. (i) Title I—Provide the necessaryquires application of judgment and care­ ful study of the circumstances involved § 9—18.306—2 Cost-reimbursement type topographical and other field surveys, contracts. test borings, and other subsurface in­ for each project. This category of equip­ vestigations; prepare preliminary studies, ment would generally include items such (a) Conclusion of negotiations. Archi­ sketches, layout plans, and outline speci­ tect-engineer letter contracts should also fications; and prepare reports including (a) Major items of prefabricated include the basis for determining the estimates of cost of the proposed project :ocess or research equipment. fee, which establishes the possible range and of all structures, utilities, and appur­ (b) Major items of preassembiea of fees for the work. tenances thereto. luipment such as packaged boilers, gen-

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 RULES AND REGULATIONS 6581 erators, machine tools, and large elec­ General Manager, through Director, § 9—18.5002 Rental of contractor-owned trical equipment. Division of Contracts, of each violation equipment. of the Buy American Act provisions in § 9—18.5002—1 Rental agreement. In some cases it would also include spe­ contracts for construction. See FPR cial apparatus or devices such as reactor 1-18.606 and AECPR 9-1.6. The terms and conditions governing vessels and reactor charging machines. rental by the AEC of construction (ii) Description of procurement serv­ § 9—18.650 Excepted supplies to be used equipment from a prime cost-type con­ ices: Procurement as herein considered in the construction, alteration, or struction contractor are set forth in is an activity involving judgment, knowl­ repair of any public work. AECPR 9-16.5002-12, Outline of agree­ edge, and experience relating to the man­ The following list shall be noted in the ment for rental of contractor-owned ufacture, use or application of the article specifications: construction equipment. This form of or process to be purchased. It may in­ Antimony. agreement is designed for use as an clude the development or location of Asbestos. appendix to an AEC cost-type construc­ sources of supply, and generally includes Bauxite. tion contract. It may be modified for preparation of bidding documents, solic­ Chrome ore or chromite. rental of equipment under other con­ itation of proposals, analysis of pro­ Cobalt. tractual arrangements, such as an op­ posals received (including where neces­ Cork. erating contractor renting from a cost- sary technical and sometimes complicat­ Graphite. type construction subcontractor, and it ed evaluation of performance charac­ Jute and jute burlaps. Logs, veneer, and lumber from balsa, green- may be modified for use as a separate teristics of the equipment of different heart, lignum vitae, mahogany, and teak. contract or as an attachment to a sub­ manufacturers), inspection at manufac­ Mica. contract. Some of the aspects of this turer’s plant as distinguished from in­ Nickel. agreement to which particular attention spection supplied under title I I I services Rubber, crude and latex. should be given are set forth in §§ 9-18.- of an architect-engineer contract, and Shellac. 5002-2 through 9-18.5002-9. evaluation of production capacities to Tin. § 9—18.5002—2 Rental period. meet required delivery. Procurement in­ Subpart 9—18.50— Rental of cludes necessary coordination with par­ The base rental period shall extend ticipating contractors and the AEC for Construction Equipment from the time the equipment is accepted especially designed equipment, general § 9—18.5000 Scope of subpart. at the job site until the contractor is notified in writing by the AEC’s repre­ and specific expediting, and special as­ This subpart sets forth general policy sentative that the equipment is no longer sistance to the manufacturers in help­ and instructions relating to rental of required. Subject to applicable limita­ ing to locate scarce materials and ma­ construction equipment for use by AEC tions covered in the rental agreement chine tools and in supporting allocations cost-type contractors. for critical materials where this is a form, the contractor shall be paid rental necessary function. Procurement nor­ § 9—18.5001 General policy. during the in-transit time and during the mally includes inspection and receiving It is the policy of the AEC: time required for equipment repair or upon delivery at thé site (this may be a (a) To use presently owned AEC con­ replacement prior to return to the joint activity where the procuring agent struction equipment to the fullest ex­ contractor. is not the constructor) and payment. All tent. Careful investigation shall be made § 9—18.5002—3 Rental rates. on-site physical activities after delivery, of the equipment available not only at including unloading, warehousing, haul­ the field office concerned, but at other (a) Rates for rental of contractor- ing, and installation, are considered a field offices to determine whether such owned equipment shall be fair and equit­ construction activity and not procure­ equipment can be economically utilized able. The rental rates contemplate that ment. on the job. The Director, Division of the AEC will pay incoming and outgoing (iii) Selection of procuring agent: Co­ Contracts, Headquarters, can assist in transportation costs and rental during ordination, timing, and technical know­ the investigation of excess equipment in-transit time for both inbound and how are important factors to be consid­ available in other offices. outbound transportation of equipment; ered in the selection of a procuring agent. (b) To rent construction equipment, however, terms more favorable to the The advantages and disadvantages of where available, rather than purchase it, AEC may be negotiated where appro­ placing full responsibility in one con­ unless in the case of third-party-owned priate. The rental rates to be paid for the tractor for construction and procure­ equipment, the Field Office determines use of contractor-owned equipment un­ ment, or split responsibility where the that accrued rentals on a particular item der normal conditions should not exceed procurement is placed under a contract pi equipment will approximate the cost 65 percent of the rates quoted in the lat­ with the architect-engineer or operating of ownership of it; except, however, in­ est edition of the Associated Equipment contractor, should be evaluated in the dividual items of construction equipment Distributors’ “ Compilation of Averaged light of the above factors. , having an original cost of less than Rental Rates for Construction Equip­ ment.” However,'“Managers of Field O f­ § 9-18.307 Negotiations. $1,000 ordinarily should be purchased and not rented. Where it is clearly to the fices may approve rates in excess of 65 See also AECPR 9-3.805-50. advantage of the Government, items percent of the current A.E.D. schedule when local conditions require higher Subpart 9-18.6— Buy American Act having a cost of less than $1,000 may be rented with the approval of the Manager rates. When it becomes necessary as a § 9—18.600 Scope. of the Field Office. Whenever it is prac­ general practice to exceed 65 percent of tical, cost and other factors considered, the current A.E.D. schedule, the Man­ This subpart implements Federal Pro­ ager of the Field Office shall advise the curement Regulation Subpart 1-18.6. contractor-owned equipment shall be rented in preference to renting third- Director, Division of Contracts, Head­ § 9—18.602—1 General. party-owned equipment. quarters, explaining the circumstances. (a) Contracting officers may make the (c) To pay rental for construction (b) For items of equipment that are determinations required by FPR 1- equipment at rates not higher than those not covered by the A.E.D. schedule, use 18.602-1 (b) and (c). prevailing in the locality, except under the latest edition of “ Contractors’ Equip­ ^ ,T^le General Manager only may unusual circumstances, and at as low a ment Ownership Expense” document u i» * 6 determination required by FPR rate as is consistent with securing published by The Associated General -18.602-1 (a) and may authorize de­ modern equipment in good operating Contractors of America, Inc., and infor­ lations described in FPR 1-18.603-3. condition. Costs of repair, job interrup­ mation on prevailing local rates for de­ tion due to poor equipment, transporta­ veloping rates that would be consistent 9—18.606 Violations of Buy American tion and in-transit rental may well offset Act provisions in construction con­ with the 35 percent reduction in the tracts. any apparent savings in rental rates. Rental paid shall be subject to any Gov­ A.E.D. rates (i.e., taking into considera­ officers shall make a com- ernment price ceiling regulations that tion the expenses paid by the Govern­ e written report (in triplicate) to the may be in effect. ment under the rental agreement).

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 No. 73. 6582 RULES AND REGULATIONS

§ 9—18.5002—4 Application o f rales. ment, “ Contractors’ Equipment Owner­ out operators from a third party are in The rental rates shall be applied In ship Expense.” accordance with §§ 9-18.5002-2, 9- accordance with the following rules: § 9—18.5002—8 Responsibility for repair 18.5002-4, 9-18.5002-8, and 9-18.5002-9, and they are set forth in AECPR (a) Basis of rates. The rates shall be and replacement. 9-16.5002-13—Outline of agreement for based upon one shift of 8 hours per day»* The rental agreement describes the rental of third-party-owned construc­ 40 hours per week, or 176 hours per responsibilities of the parties with re­ month of a 30 consecutive-day period. tion equipment. Managers of Field Offices spect to maintenance and repair neces­ shall assure that these terms and condi­ (b) Apportionment of rates. The sary to the operation of the rented equip­ tions are used by AEC cost-type con­ monthly rate and its pro rata shall apply ment, or replacement of such equipment. struction contractors and that similar to all rental periods of 1 month or more. The AEC’s responsibility includes re­ terms and conditions are used by other The weekly rate and its pro rata shall pairs resulting from normal wear and AEC cost-type contractors or subcon­ apply to all rental periods of 1 week or tear, provided they, were necessary in tractors in renting construction equip­ more up to 1 month. The daily rate and order to continue the equipment in serv­ ment from a third party. These terms its pro rata shall apply to all rental ice. However, when the equipment is no and conditions may be suitably modified periods up to 1 week. longer required on the job, the extent of to provide for rental of equipment with (c) Overtime. Inasmuch as there are the AEC’s obligation is only to return operators. Some of the aspects of this certain elements of cost to an equipment the equipment to the contractor in as agreement to which particular attention owner which do not change even though good operating condition as when re­ should be given are set forth below in this the equipment is used on more than one ceived, less normal wear and tear. section. shift per day, it is believed equitable to § 9—18.5002—9 Equipment condition and § 9—18.5003—2 Rental rates. pay a lower rental rate during a second inspection. and third shift than would be paid dur­ Third-party equipment shall be rented ing a single shift. Therefore, the rental (a) Inspection. Construction equip­ on the basis of competitive bids, rental agreement form provides for payment ment shall be given a rigid and detailed rates, transportation costs, and other for overtime at a rate equal to one-half inspection by representatives of the AEC factors being considered. The rental the rate for the first shift. and, at the contractor’s option, by repre­ specifications shall be based on the cir­ sentatives of the contractor, before its § 9—18.5002—5 Insurance. cumstances of a particular case, includ­ shipment and acceptance or use on the ing the length of rental period, the avail­ (a) Generally, rental rates should in­ job. Equipment shall be inspected under ability of equipment in certain localities, clude the cost of insurance or self-insur­ actual workloads insofar as practicable. and the work requirements. ance covering loss of or damage to the In cases where it is not practical to in­ equipment during rental periods. Thè spect equipment prior to its shipment § 9—18.5003—3 Insurance. rental agreement for contractor-owned to thé job site, the contractor should be The provisions of AECPR 9-18.5002-5 equipment is so worded. informed of the extent of inspection and (a) also apply to the rental of construc­ (b) However, if the contracting offi­ the expected condition of his equipment. tion equipment from a third party. How­ cer determines that it is not practical In the event the equipment does not meet ever, if the contracting officer determines to include the cost of such insurance in required standards, the transportation, that the rental rates are not to include the rental rates, paragraphs 3(d) and rental, or any other expenses shall not the cost of insurance or self-insurance 7(a) diali be amended as indicated in be paid by the AEC unless at contractor’s covering loss of or damage to the equip­ the applicable notes following these expense the equipment is repaired to ment, Articles m (d ) and VH(a) of the paragraphs in AECPR 9-16.5002-12. acceptable standards in a reasonable length of time. A similar inspection shall rental agreement shall be amended as § 9—18.5002—6 Rental limitation. be made immediately prior to scheduled indicated in the applicable notes follow­ The rental agreement form provides return shipment of an item of equipment. ing these articles in AECPR 9-16.5002-13, ■that when the total amount of rental (b) Inspection report. The detailed Outline of agreement for rental of third- paid to the contractor for any one unit inspection report shall follow in general party-owned construction equipment. of equipment equals 75 percent of the AECPR 9-16.5002-14, Outline of inspec­ mutually agreed value of that unit as tion report of equipment, and shall be § 9-18.5003-4 Option to purchase set forth in the initial inspection re­ signed by each representative inspects equipment. port, the equipment is to remain avail­ ing. The initial inspection report shall When accrued rentals on a particular able for the work under the construction be used at the time of release as a basis item of equipment will likely approxi­ contract as long as it will be required for determining the. repairs necessary to mate the appraised value of equipment without any further rental payments to place the equipment in as good operating and a decision has been made not to the contractor. The, rental ceiling of 75 condition as when accepted, less normal percent of the agreed-upon value of the wear and tear. After necessary repairs purchase in accordance with § 9-18.5001 equipment applies to all rental paid, in­ are completed, a final inspection report (b ) , consideration shall be given to in­ cluding rental paid during in-transit shall be completed by representatives of cluding in the rental agreement an option time to and from the site of the work the AEC and, at his option, the to purchase the equipment. and down time for any operating re­ contractor. pairs or restoration of the equipment af­ (c) Trial period and defects. If initial ter it is no longer needed at the site. detailed Inspection discloses that the PART 9-58— RENTAL OF CONSTRUC­ The purpose of this provision is to pre­ condition of the equipment is doubtful, TION EQUIPMENT vent the Government from paying rental arrangements should be made with the in excess of the contractor’s investment, 20. Part 9-58, Rental of Construction contractor for a trial period of operation Equipment, is deleted in its entirety. and it is included in lieu of an “option to to prove the equipment, with provision purchase clause.” Once a particular that if equipment is found unacceptable Effective date. These amendments^ piece of equipment has been released, the in the trial period, no rental, transporta­ effective upon publication in the Fe°“ contractor will not be required to return tion, or other expenses will be due the eral R egister. it to the job under the original rental contractor. Repairs to equipment which Dated at Germantown, Md., this 10th period. fails in service due to defects not rea­ day of April 1969. § 9—18.5002—7 Record of negotiation. sonably ascertainable on initial inspec­ For the U.S. Atomic Energy Commis­ The record of negotiation shall set tion shall be at the contractor’s expense. sion. _ __ forth the information used to determine § 9—18.5003 Rental of third-party-owned R obert A. K ohler, the reasonableness of the rental rates, equipment. . Acting Director, including a breakdown of the contrac­ § 9-18.5003—1 Rental agreement. Division of Contracts. tor’s equipment ownership expense simi­ lar to that itemized in The Associated The terms and conditions governing rp ji. Doc. 69-4479; Filed, Apr. 16. 19695 General Contractors of America’s docu­ rental of construction equipment with- 8:45 am .]

FEDERAL REGISTER, V O L 34, NO. 73—-THURSDAY, APRIL 17, 1969 RULES AND REGULATIONS 6583

The areas described aggregate 704.72 Sierra N a t io n a l F orest Title 43— PUBLIC LANDS: acres. MOUNT DIABLO MERIDIAN 2. The withdrawal made by this orderA strip of land 200 feet wide on each, side of INTERIOR does not alter the applicability of those the centerline of Yosemite Highway, Cali­ public land laws governing the use of the fornia State Highway No. 41 (addition to Chapter II-—Bureau of Land Manage­ national forest lands under lease, license, lands withdrawn by Public Land Order No. ment, Department of the Interior or permit, or governing the disposal of 4485 of July 15, 1968) . through: T. 6 S., R. 21 E„ APPENDIX— PUBLIC LAND ORDERS their mineral or vegetative resources other than under the mining laws. Sec. 3, lot 1. [Public Land Order 4592] H a r r iso n L o e s c h , The area described contains approxi­ [New Mexico 5820] Assistant Secretary of the Interior. mately 8 acres in Madera County. NEW MEXICO 2. The withdrawal made by this order A p r il 10, 1969. does not alter the applicability of those Withdrawal for National Forest Rec­ [P.R. Doc. 69-4486; Piled, Apr. 16, 1969; public land laws governing the use of the reation and Administrative Sites 8:45 a.m.] national forest lands under lease, license, By virtue of the authority vested in or permit, or governing the disposal of the President and pursuant to Executive [Public Land Order 4593] their mineral or vegetative resources other than under the mining laws. Order 10355 of May 26, 1952 (17 F.R. [New Mexico 6337] 4831), it is ordered as follows: H a r r iso n L o e s c h , 1. Subject to valid existing rights, the NEW MEXICO Assistant Secretary of the Interior. following described national forest lands Partial Revocation of Public Land are hereby withdrawn from appropria­ A p r il 10,1969. tion under the mining laws (30 U.S.C., Order No. 2198 of August 26, [F.R. Doc. 69—4488; PUed, Apr. 16, 1969; ch. 2), but not from leasing under the 1960 8:45 a.m.] mineral leasing laws, in aid of programs By virtue of the authority contained in of the Department of Agriculture: section 4 of the act of March 3, 1927 (44 [Public Land Order 4595] New Mexico P r in c ip a l M eridian Stat. 1347; 25 U.S.C. 398d), it is ordered [Fairbanks 026761] SANTA FE NATIONAL FOREST as follows: ALASKA Glorieta Lookout and Picnic Ground 1. Public Land Order No. 2198 of Au­ gust 26, 1960, which withdrew lands fo r" T. 16N..R. 11 E., Revocation of Public Land Order Sec. 5, lot 7. Indian use, is hereby revoked so far as it No. 2548 of December 4, 1961 affects the following described land: Dalton Fishing Site By virtue of the authority vested in the N ew Mexico P r in c ip a l M eridian T. 17 N„ R. 12 E., President and pursuant to Executive Sec 32, lots 5 and 11; T. 16 N., R. 11 W„ Order No. 10355 of May 26, 1952 (17 F.R. Sec. 33, lot 7. Sec. 29; 4831), it is ordered.as follows: Panchuela Administrative Site and Sec. 33, Ni/2Ny2, SE^NE1^, Sl/2NW14, Public Land Order No. 2548 of Decem­ Campground SW 14, Ey2SE%, Sy2NW^SE%, and ber 4, 1961, withdrawing the following SW14SE14. T. 19 N., R. 12 E., described lands from sale or disposal for Sec. 27, SE 14 SW N W 14, W^NE^SW^, The areas described aggregate 1,220 use of the Bureau of Indian Affairs, is SE 14 NE 14 SW 14, NE^NW^SW^, Ei/2 acres in McKinley County. hereby revoked: SE ^ SW NW ]4 SE 14 SWV4, SE 14 SW 14 B eth el SW 14, and w y 2SW%SE%; 2. This revocation is made in further­ Sec. 34, Ni/2NW% NE^4 , SW^NW^NE^, ance of an exchange under section 8 of U.S. Survey No. 3230 A and B, Block 11, lots and N i/2 SE % N W % NE 14. the act of June 28, 1934 (48 Stat. 1272), 4, 5, 6, and 7; Rowe Mesa Administrative Site as amended by section 3 of the act of The areas described contain 1.29 acres T. 13 N., R. 13 E., June 26, 1936 (49 Stat. 1976; 43 U.S.C. in the townsite of Bethel, and are desig­ Sec. 27, SE 14 SW % SE 14 and SW 14 SE y. 315g), by which the offered lands will nated on the official plat of survey as a SE]4; Federal Reserve. benefit a Federal land program. Sec. 34, NW%NE^NE]4 and NE 14 N W 14 H a r r iso n L o e s c h , H a r r iso n L o e s c h , Assistant Secretary of the Interior. Manzanares Administrative Site and Assistant Secretary of the Interior. A p r il 10, 1969. Campground A pril 10,1969. T- 17 N„ R. 13 e ., [P.R. Doc. 69-4489; Filed, Apr. 16, 1969; [P.R. Doc. 69-4487; Piled, Apr. 16, 1969; Sec. 32, S y2 SW NE %, Ey2SE%SW}4, and 8:45 a.m.] Wy2SEi4. 8:45 a.m.] Elk Mountain Lookout and Communication [Public Land Order 4596] m Site [Public Land Order 4594] T- 18N..R. 13 e ., [Idaho 1511; 1983] [ Sacramento 080021 ] Sec. 22, Sy2NWi/4SE^ and N^SW ^SE^, IDAHO Beatty’s Administrative Site CALIFORNIA Withdrawal for Administrative Site; Tps. 19 and 20 W., R. 13 E„ unsurveyed, Withdrawal for National Forest Partial Revocation of Administra­ p«/»6 a P °int at the junction of the Roadside Zone ecos River and Padre Creek in sec. 31, T. 2C tive Site Withdrawals By virtue of the authority vested in the +h’ K- *3 E-> thence N. 63° W., 35 chains; By virtue of the authority vested in the 6 'rC^ 13 E-; thence S. 63° E., 3C President by section 1 of the act of psv P°int of intersection with the Pecos der No. 10355 of May 26, 1952 (17 F.R. June 25, 1910 (36 Çtat. 847; 43 U.S.C. northp.in+S#C' 6’ T - 19 N - R - 13 E -: thence 4831), it is ordered as follows: 141), and otherwise, and pursuant to Pee^^b?* following the west bank of the 1. Subject to valid existing rights theExecutive Order No. 10355 of May 26, of along its meanders to the point following described national forest lands 1952 (17 F.R. 4831), it is ordered as Rivo^o a^ intersection of the Pecos follows: chains81**1 Pa^re CreeE> approximately 47.5 are hereby withdrawn from appropria­ tion under the mining laws (30 U.S.C., 1. Subject to valid existing rights, the following described public lands, which Barillas Peak Lookout ch. 2), but not from leasing under the are under the jurisdiction of the Sec­ t-16N.,r . 14 e> mineral leasing laws, in aid of programs Sec. 33, S W ^ S W ^ . retary of the Interior, are hereby with­ of the Department of Agriculture: drawn from all forms of appropriation

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6584 RULES AND REGULATIONS under the public land laws, including the the following described public lands are thence 400' on a bearing of S. 89“ W. to point mining laws (30 U.S.C., ch. 2), but not hereby withdrawn from all forms of ap­ of beginning. from leasing under the mineral leasing propriation under the public land laws, Caraco Creek Road Rock P it No. 1 laws, and reserved for an administrative including the mining laws (30 U.S.C., ch. T. 29 N., R. 4 W. (Protraction approved site for the Grays Lake National Wild­ 2), but not from leasing under the min­ 9/24/63), life Refuge: eral laws, nor the disposal of materials Sec. 23, A strip of land in the NW ^SW 1^, B oise M eridian under the act of July 31, 1947 (61 Stat. with boundaries described as follows: T. 4 S., R. 43 E., 681; 30 U.S.C. 601, 604), as amended, and Beginning at a point approximately 0.92 Sec. 35, sy2Sy2NWy4SE % NE $4, SW&SE& reserved for use of the Department of mile from intersection of Forest Service NEi4, W%ME%SE%, SEy4NEi/4SEi/4. Agriculture for the granting of easements Roads No. 2926 and No. 2927 along center- for road rights-of-way as authorized by line of Road No. 2927 in the N W ^SW ^, sec. The areas described aggregate 42.5 section 2 of the act of October 13, 1964 23, thence 620' on a bearing of S. 30° E„ acres in Bonneville County. (78 Stat. 1089; 16 U.S.C. 532, 533): thence 350' on a bearing of S. 60° W., thence 2. The withdrawal made by this order 620' on a bearing of N. 30° W., thence 350' does not alter the applicability of the W illam ette M eridian on a bearing of N. 60° E. to point of begin­ public land laws governing the use of BIG CANYON ROAD NO. N-164 ning. the lands under lease, license, or permit, T. 1 N., R. 42 E., The areas described aggregate 9.98 or governing the disposal of their mineral Sec. 31, SE14NW 14, N E 14SW 1/4, and w y 2 acres in Clallam County. or vegetative resources other than under SE%. 2. The withdrawal made by this order the mining laws. A strip of land of variable width, being from does not alter the applicability of those 3. The order of June 18, 1908, and 50 feet to 70 feet on each side of the center- public land laws governing the use of the Executive Order No. 2067 of October 28, line of Big Canyon Road No. N-164 in and national forest lands under lease, license, 1914, withdrawing public lands for use through the above subdivisions as shown or permit, or governing the disposal of of the Forest Service for a ranger sta­ on a plat filed in the Land Office, Bureau their mineral or vegetative resources tion in connection with administration of Land Management, Portland, Oreg. other than under the mining laws. of the Caribou National Forest, are here­ Containing 11.18 acres in Wallowa H a r r iso n L oesch, by revoked so far as they affect the lands County. described in paragraph 1 of this order. Assistant Secretary of the Interior. 2. The withdrawal made by this order A p r il 10, 1969. H a r r iso n L o e s c h , shall not preclude agricultural entries, Assistant Secretary of the Interior. of sales, exchanges or leases under ap­ [P.R. Doc. 69-4493; Piled, Apr. 16, 1969; plicable public land laws, or any legal 8:46 a.m.] A p r il 10,1969. subdivision traversal by any cooperator [P H . Doc. 69-4490; Plied, Apr. 16, 1969; road constructed on any lands withdrawn [Public Land Order 4600] 8:46 a.m.] by this order: Provided, That any such entry, sale, exchange, or lease shall be [Idaho 1173] [Public Land Order 4597] subject to this order and to any road IDAHO [B LM 059129 (La.) ] right-of-way easement over the lands is­ sued by the Department of Agriculture. Revocation of Administrative Site LOUISIANA H a r r iso n L o e s c h , Withdrawal Revocation of Executive Order No. Assistant Secretary of the Interior. By virtue of the authority vested in 718 A p r il 10, 1969. the President by section 1 of the act of June 25, 1910 (36 Stat. 847; 43 U.S.C. By virtue of the authority vested in the [P.R. Doc. 69-4492; Piled, Apr. 16, 1969; 141), and pursuant to Executive Order 8:46 a.m.] President and pursuant to Executive Or­ No. 10355 of May 26, 1952 (17 FR . 4831), der No. 10355 of May 26, 1952 (17 F.R. it is ordered as follows: 4831), it is ordered as follows: [Public Land Order 4599] 1. The Executive order of March 14, Executive Order No. 718 of Decem­ 1927, withdrawing the following de­ [Oregon 3347 (Wash.) ] ber 7, 1907, withdrawing East Timbalier scribed public lands as an administrative Island, at approximately latitude 29°3" WASHINGTON site, is hereby revoked: N „ longitude 90°18" W., as a preserve and breeding ground for native birds, to Withdrawal for National Forest B oise M eridian be known as the East Timbalier Island Administrative Sites T. 10 N., R. 23 E., Reservation, is hereby revoked. Sec. 15, S% NEi4. The lands shall not become subject to By virtue of the authority vested in Containing 80 acres in Custer County. disposition under the public land laws the President and pursuant to Executive The lands are located on the eastern unless and until it is so provided by an Order No. 10355 of May 26,1952 (17 F.It. slope of the Lost River Mountains, just authorized officer of the Bureau of Land 4831), it is ordered as follows: below the Challis National Forest Management. 1. Subject to valid existing rights, the boundary. ... H a r r iso n L o e s c h , following described national forest lands 2. A t 10 am. on May 16, 1969, the Assistant Secretary of the Interior. are hereby withdrawn from appropria­ lands shall be open to operation of toe tion under the mining laws (30 U.S.C., public land laws generally, subject to A pr il 10,1969. ch. 2), but not from leasing under the valid existing rights, the provisions [F.R. Doc. 69-4491; Piled, Apr. 16, 1969; mineral leasing laws, in aid of programs existing withdrawals, and the requir - 8:46 a.m.] of the Department of Agriculture: merits of applicable law. All valid app Ol y m p ic N a t io n a l F orest cations received at or prior to 10 a • [Public Land Order 4598] WILLAMETTE MERIDIAN on May 16, 1969, shall be considered _ [Oregon 3209] simultaneously filed at that time. Tn Snow Creek Road Rock P it No. 1 received thereafter shall be considered OREGON T. 29 N., R. 3 W „ the order of filing. Sec. 24, A strip of land in the SW^4SE% Reservation for Constructed Forest 3. The lands have been open to fixa­ on Snow Creek Road No. 2907.3 near the tion under the U.S. mining laws, Service Road intersection of Jimmy Come Lately Road No. 2925, with boundaries describ­ metalliferous minerals, and to aPpl By virtue of the authority vested in ed as follows: tions and offers under the mineral leas the President and pursuant to Executive ing laws. They will be open to Beginning at a point 100' south of the in­ for nonmetalliferous minerals at 10 a.m- Order No. 10355 of May 26,1952 (17 F.R. tersection of Roads 2907.3 and 2925 in the 4831), it is ordered as follows: SW 14SEV4, sec. 24, thence 545' on a bearing on May 16, 1969. „iW d 1. Subject to valid existing rights and of N. 01° W., thence 400' on a bearing of N. Inquiries concerning the lands sn to the provisions of existing withdrawals, 89° E., thence 545' on a bearing of S. 01* E., be addressed to the M anager,

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 RULES AND REGULATIONS 6585

Office, Bureau of Band Management, 40 acres at each of several described Sec. 22, metes and bounds (W % N E % and Boise, Idaho. places in Alaska for use of the Office N E ]4 N W i4 ). H a r r iso n L o e s c h , of Education, is hereby revoked so far as The areas described aggregate 646.78 Assistant Secretary of the Interior. it affects lands at Old Harbor, latitude acres in Lane, Linn, and Marion 57° 10', longitude 152°50'. Counties. A pr il 10, 1969. The tract has been surveyed as U.S.S. 2. At 10 a.m. on May 17, 1969, the [F.R. Doc. 69-4494; Filed, Apr. 16, 1969; No. 2039, containing 7.66 acres. The plat 8:46 a.m.] lands shall be open to such forms of dis­ and field notes of this survey were can­ position as may by law be made of celed effective February 27,1968, and the national forest lands. [Public Land Order 4601] lands are now part of tract “A ” and “ B”, U.S.S. No. 4793, Townsite of Old H a r r iso n L o e s c h , [Oregon 3586 (Wash..) ] Harbor. Assistant Secretary of the Interior. WASHINGTON Lot 1A, Block 1, Tract A of U.S.S. No. A pril 11,1969. Partial Revocation of Reclamation 4793 (1.63 acres) has been quit-claimed [F.R. Doc. 69-4497; Filed, Apr. 16, 1969; to the State of Alaska. The remaining 8:46 a.m.] Project Withdrawal 6.02 acres are subject to disposal only By virtue of the authority contained in under the townsite laws. [Public Land Order 4604] section 3 of the act of June 17, 1902 (32 H a r r iso n L o e s c h , Stat. 388; 43 U.S.C. 416), it is ordered as Assistant Secretary of the Interior. [Sacramento 076604; Riverside 03782] follows: CALIFORNIA 1. The departmental orders of May 4, A p r il 11,1969. 1934, and May 11, 1934, withdrawing [F.R. Doc. 69-4496; Filed, Apr. 16, 1969; Powersite Restoration No. 598; Pow- lands for the Columbia Basin Project, 8:46 a.m.] ersite Cancellation No. 183; Reser­ are hereby revoked so far as they affect voir Site Restoration No. 37; Revo­ the following described lands: [Public Land Order 4603] cation of Powersite and Reservoir W illa m et te Me rid ian [Oregon 2961] Site Withdrawals in Whole or in T. 26 N., R. 28 E., Sec. 12, NE14SW 14. OREGON Part T. 27 N., R. 29 E., Revocation of National Forest Ad­ By virtue of the authority vested in the Sec. 33.SE14NW&. President by section 1 of the act of T. 28 N„ R. 29 E„ ministrative Site Withdrawals Sec. 28, NWy4NWy4; June 25, 1910 (36 Stat. 847; 43 U.S.C. Sec. 32, NE% NW % . By virtue of the authority vested in 141), and pursuant to Executive Order T. 28 N., R. 30 E„ the President and pursuant to Executive No. 10355 of May 26, 1952 (17 F.R. 4831), Sec. 31, SE%NE]4. Order No. 10355 of May 26, 1952 (17 and by virtue of the authority contained F.R. 4831), it is ordered as follows: in the act of March 3, 1879 (20 Stat. The areas described aggregate 200 394; 43 U.S.C. 31), and 1950 Reorganiza­ acres in Grant County. 1. The departmental orders of Novem­ ber 17, 1906, April 26, 1907, May 14, 1908, tion Plan No. 3 (64 Stat. 1262; 5 U.S.C. 2. At 10 am. on May 17,1969, the lands 133z-15, note), and section 24 of the act shall be open to operation of the public May 21, 1908, November 11, 1908, and November 24, 1908, withdrawing na­ of June 10,1920 (41 Stat. 1075; 16 U.S.C. land laws generally, subject to valid 818), as amended, it is ordered as follows: existing rights, the provisions of exist­ tional forest lands as administrative ing withdrawals, and the requirements sites, are hereby revoked so far as they 1. The Executive orders of Septem­ of applicable law. All valid applications affect the following described lands: ber 7, 1917, September 27, 1917, and received at or prior to 10 a.m. on May 17, W il la m e t te M erid ian June 8,1926, creating Powersite Reserves No. 655 and 656, and Reservoir Site Re­ 1969, shall be considered as simultane­ WILLAMETTE NATIONAL FOREST ously filed at that time. Those received serve No. 17 respectively; and the de­ thereafter shall be considered in the West Boundary Administrative Site partmental orders of July 7, 1922, order of filing. T. 20 S., R. 1 E„ July 17, 1924, October 12, 1929, and Au­ gust 24, 1933, creating Powersite Classi­ 3. The lands will be open to location Sec. 2, lota 3 (SE^NW ^), 14 (NE& fication Nos. 45, 80, 240, and 267 respec­ under the United States mining laws at NWy4 ), and 15 (NW^NW^ ). tively, are hereby revoked so far as they 0 am on May 17, 1969. They have been Winberry Administrative Site No. 62 affect the following described lands: pen to applications and offers under T. 19 S., R. 2 E„ tne mineral leasing laws. Sec. 19, lota 11 (NE14SW&) and 12 M o u n t D iablo M e rid ian Inquiries concerning the lands should (NWy4SW%). . POWER SITE RESERVE NO. 655 oe addressed to the Manager, Land Office, Detroit Ranger Station Administrative Site T. 26 S., R. 32 E., ^ureau of Land Management, Portland, T. 10 S., R.5E„ Sec. 25, SE14; Sec. 11, SE&NWÎ4 and N%SW}4. Sec. 36, Ey2. H a r r iso n L o e s c h , T. 27 S., R. 32 E., Assistant Secretary of the Interior. Brock Cabin Administrative Site Sec. 1, lots 2 and 3, S E ^ N W ^ , and S W ^ ; Sec. 2, Sy2; A pril l l , 196 9 . T. 20 S., R. 6 E., Sec. 2, metes and bounds (N]4NEy4 ). Sec. 12, NW ]4NW ]4* Doc. 69-4495; Filed, Apr. 16, 1969; T. 26 S., R. 33 E., 8:46 ajm.] Bald Mountain Ranger Station Sec. 31, lot 1. Administrative Site No. 22 POWER SITE RESERVE NO. 656 T. 10 S., R. 7 E., [Public Land Order 4602] Sec. 3, SW14. All portions of the following described lands lying within 50 feet of the oenterline of [Anchorage 1073] Lava Lake Ranger Station Administrative the constructed transmission line of the ALASKA ßite No. 28 Kern River Co., as shown on map approved T. 13 S., R. 7 E., by the Secretary of the Interior on Decem­ Partial Revocation of Executive Sec. 18, Ei/2E>/2SEy4. ber 28, 1904, and map approved by the Order No. 5289 Smith Prairie Ranger Station Administrative Secretary of Agriculture on January 27, Site 1914, and map accompanying permit T . 14 S., R. 7 E., granted by the Secretary of Agriculture on thf PrIi^Ue x0f the authority vested in August 10, 1905: OrripTw and Pursuant to Executive Sec. 6, lots 6 (NWi4SW%) and 7 (SW% SW&). 4831) h { 10i55 of 26> !952 (17 F.R. T. 26 S., R. 32 E., 1 r.tt k ordered as follows: Horse Lake Administrative Site Sec. 25, SE14SW&; Sec. 35, S E & N E ^ , N ^ S E ]4 , and S W & 4,193nXeS S e ° rder No- 5289 of March T . 18 S., R. 7 E., SEi/4; 1 withdrawing lands not to exceed Sec. 15, metes and bounds (SW ^SE^); Sec. 36, N % N W % and SWy4NWy4.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6586 RULES AND REGULATIONS

POWER SITE CLASSIFICATION NO. 4S T . 23 S., R . 33 E„ of-way or material sites provided by sec­ Sec. 6, lots 2 and E% SW % ; tion 24 of the Federal Power Act of T. 28 S., B. 30 E., Sea 7, lots 1,2, and NE^& NW ^. Sec. 11, SE%SE^4; June 10, 1920, supra. Sec. 12, SE14NE 14, sy2SWi4 , and SE*4; T . 24 S., R. 33 E., 3. At 10 a.m. on May 17,1969, the pub­ S ea 17, W%SEy4; Sec. 13, w y 2NE%, NW%, N%SW]4, and Sea 29, W &NE& and NE&SE&; lic land shall be open to operation of the sw ^sw ^i; Sea 33, SE14. public land laws generally, subject to Sec. 14, Ei/2 and Ey2S W ^ ; T. 25 S„ R. 33 E., valid existing rights, the provisions of Sec. 15, Si/2SWi4; Sec. 3, lots 1 and 2, sy2NEy4, S E ^ N W ^ , existing withdrawals, and the require­ Sec. 16, SE% SE%; Ei/2SW%, and NW&SE^. Sec. 20, S E ^ S E % ; ments of applicable law. All valid appli­ Sec. 21, Ei/2, E^ N W y 4, and S W & ; , POWER SITE CLASSIFICATION NO. 240 cations received at or prior to 10 a.m. on Sec. 22, Ny2, Ni/2Sy2, and S W & S W & ; May 17, 1969, shall be considered as All lands in the following described tracts 2 Sec. 23, w y NE%, SE^NE^, NW&, N% lying within 20 feet of each side of the con­ simultaneously filed at that time. Those SE%, and S E ^ S E ^ ; structed transmission line of Southern received thereafter shall be considered Sec. 27, N W % N E% ; California Edison Co. as shown on maps, in the order of filing. Sec. 28, N W ^ N E ^ , NWy4, and N W & Exhibit A and Exhibit B (revised) filed with 4. At 10 a.m. on May 17, 1969, the na­ SW%; its application Visalia 08694, and incor­ Sec. 30,w y2SE%; tional forest lands not otherwise with­ porated in its grant under the act of Sec. 32, Ny2, Ny2SWy4, and S W ^ S W ^ ; drawn or appropriated, shall be open to March 4, 1911 (36 Stat. 1253), issued by the Sec. 33,NW % N W % . such forms of disposition as may by law Acting Secretary of the Interior on May 21, T. 27 S., R. 31 E., 1920: be made on such lands. Sec.24,SWy4SE%; T. 25 S., R. 29 E„ 5. The public and national forest lands Sec. 2 5 ,sy 2; Sec. 18, SE% NE}4. have been open to applications and offers Sec. 26, Ey2SE%; T. 25 S., R. 31 E„ under the mineral leasing laws, and to Sec. 28, SE14SW 14 and S W & S E ^ ; Sec. 20, S% SE% SE}4; location under the U.S. mining laws sub­ Sec. 32, SE% NW % ; Sec. 21,N%SE}4; Sec. 34, NW % SW % SE% and S% SE% SE% ; ject to the provisions of the act of Au­ Sec. 22, Sy2NE}4 and SE&NW ^. 2 gust 11, 1955 (69 Stat. 682; 30 U.S.C. Sec. 35, NEi4, Ny NE%SW%, SE%NE% T 25 S R 32 £ n 621). swv4, sy2swi4sw^, SE%swy4, & Sec. 25, sy2swy4 and SW%SE^; SE14, and SW%SE%; Sec. 36, Ny2NEi4 . Inquiries concerning the lands should Sec. 36, W ^ N W y 4. T. 25 S., R. 33 E., be addressed to the Manager, Land Of­ T. 28 S., R. 31 E., Sec. 16,Ey2Ey2; fice, Bureau of Land Management, Sec. 5, SE14NE 14 and SW ^SE^; Sec. 2 1, NE% NE% , Sy2NE&, S E & S W ^ , Sacramento, Calif. Sec. 7, NE% NE% , Sy2NEy4, S E % S W ^ , and and w y 2SEi4 ; SEy4; Sec. 28,Ny2NW % ; H a r r iso n L oesch, Sec. 8, N W 14, Ni/2SW % , and SW % SW % ; Sec. 29, N E & , S E & N W & , N & SW »4, and Assistant Secretary of the Interior. Sec. 18, lots 2 and 3, Ni/2NE%, SW^NE^, SW%SW%; A pril 11,1969. an d E % N w y 4. Sec. 30, NE% SE% and S ^ S E ^ ; T . 27 S., R. 32 E„ Sec. 31, NW}4NEy4 and N & N W & . [P.R. D o a 69-4498; Piled, Apr. 16, 1969; Sec. 3,NE% SE% and Sy2SEyi; 8:46 am .] sec. 10, N E 14, n e ^ n w ^ , sy2N W & , S W ^ , POWER SITE CLASSIFICATION NO. 267 an dN W % SE % ; T. 26 S., R. 32 E., Sec. 11, N % N % , S E ^ S W ^ , and NW%SEy4* Sec. 25, Ey2NEy4, SWI4 NE 14, N E & S W ^ , [Public Land Order 4605] Sec. 14, SWy4NWy4 and W % S W % ; and Sy2SWy4 ; Sec. 15, NWy4 and NW%SEi4; [1-2376] Sec. 36, NW y4 . Sec. 16, Ny2NE% andNWy4; Sec. 17, N E & , N E % NW % , S % N W & , and RESERVOIR SITE NO. 17 IDAHO Ny2SW%; T. 28 S., R. 29 E., Partial Revocation of Administrative Sec. 18, N E & S E & and S% SE% ; Sec. 34, SW % NW i4 and N ^ S W ^ . Sec. 19,NW%SE%; Site T. 29 S„ R. 29 E., Sec. 20, S W ^ N E ^ , N E ^ S W ^ , and SW % Sec. 6, fractional N W ^ N W 1^ and fractional By virtue of the authority vested in SW%; the President and pursuant to Executive Sec. 21, Ny2Ny2; swy4. T. 26 a , R. 32 E., Sec. 22, N E 14, N^NWy4, and SE^NW ^; Order No. 10355 of May 26, 1952 (17 Sec. 25, Ey2NEi4, S W 14NE 14, n e ^ s w ^ , Sec. 23, NWy4NWy4. F.R. 4831), it is ordered as follows; andS % S W % ; POWER SITE CLASSIFICATION NO. 80 Sec. 36.N W & . 1. The Public Land Order No. 3707 dated June 24, 1965, withdrawing land T . 23 S., R. 32 E., The areas described aggregate approx­ for an administrative site for the Moun­ Sec. 12, NE^SWi/4 a n d N E ^ S E ^ ; and imately 11,446 acres of private, public and tain Home Job Corps Conservation Cen­ All lands wltliin 50 feet of the marginal national forest lands in Kern and Tulare ter, is hereby revoked so far as it affects limits of the canals, conduits, pole lines, Counties. diverting dams, backwater, or other the following described land; power structures of the Edison Electric 2. In its order of June 18, 1968 (D A- Boise M eridian Co. as shown on the right-of-way maps 1080-Califomia), the Federal Power approved by the Secretary of Interior Commission vacated the withdrawals 1* 3 S R 7 TFr Sec. 20, a portion of the NW^SW}4 de­ June 10, 1905; June 29, 1906; and Octo­ created by the filing for preliminary per­ scribed as beginning at a point on the ber 15, 1906, or of its successors in inter­ mits for Power Projects Nos. 550 and 564 west section line 397.90 feet southerly est within the following tracts: so far as such withdrawals affect any of from the west quarter-section corner, T . 22 S., R. 32 E., the lands described in paragraph 1 of thence southerly along said west section Sec. 24, E % N E & and SE%; this order which are not occupied by the line 660 feet to a point on the northerly Sec. 25, E%; Isabella Project of the Corps of Engi­ right-of-way line of an existing Sec. 36, SEV4NEy4 and N E & S E & . neers, U.S. Army, as constructed and as thence N. 82° 25' E. along said existing T. 23 S., R. 32 E„ proposed for enlargement. northerly right-of-way line 660 .rf®,’, Sec. 1, lots 2 and 3, S W ^ N E ^ , and thence north 660 feet; thence S. 82 ¿o W%SE%. The lands listed in paragraph 1 are W„ 660 feet to the point of beginning. either patented, included in other with­ T. 21 S., R. 33 E„ Containing approximately 9.91 acres Sec. 7, N E % N E ^ , W & E & , and S E ^ S W % ; drawals for power and other purposes, or Sec. 18, Wy2NE% and E y,w y2; have been subject to the general deter­ in Elmore County. Sec. 19, lot 3 unsurveyed portion; mination of the Federal Power Commis­ 2. At 10 ajn. on May 17,1969, the land Sec. 30, unsurveyed portion; sion issued April 17, 1922. Some of shall be open to operation of the pubnc Sec. 31, unsurveyed portion. the lands remain withdrawn subject to land laws generally, including the min­ T. 22 S., R. 33 E., existing rights-of-way in power projects ing laws, subject to valid existing rign , Sec. 6, lots 4, 5, 6, 7,10, 11, and 12; under the act of June 10,1920, supra, and the provisions of existing withdrawa , Sec. 7, lots 1, 2, 5, 6, and 8; and the requirements of applicable ia • Sec. 18, lots 2,3, 4, 5, 6, 7, and 8; some have been restored subject to the Sec. 30, lots 2, 3, 4,5, 6, and 8; provisions of section 24. All valid applications received at or pnor Sec. 31, lots 1 and 7, N & N E & , S E ftN E ^ , The State has waived the preference to 10 ajn. on May 17, 1969, shall be co - NE%SEy4> and S%SE% . right of application for highway rights- sidered as simultaneously filed at t

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 RULES AND REGULATIONS 6587 time. Those received thereafter shall be [Public Land Order 4607] (32 Stat. 388; 43 U.S.C. 416), it is ordered considered in the order of filing. The [Oregon 2491 (Wash.) ] as follows: lands have been open to applications and 1. Subject to valid existing rights, the offers under the mineral leasing laws. WASHINGTON following described public lands, which Inquiries concerning the lands should Partial Revocation of Public Land are under the jurisdiction of the Secre­ be addressed to the Manager, Land O f­ Orders Nos. 191, 261, and 1273 tary of the Interior, are hereby with­ fice, Bureau of Land Management, Boise, drawn from all forms of appropriation Idaho. By virtue of the authority vested in the under the public land laws, including the H a r r iso n L o e s c h , President and pursuant to Executive Or­ mining laws (30 U.S.C., ch. 2) , but not Assistant Secretary of the Interior. der No. 10355 of May 26, 1952 (17 F.R. from leasing under the mineral leasing 4831 ), it is ordered as follows : laws, and reserved for the Buffalo Bill A pr il 11, 1969. 1. Public Land Order No. 191 of No­ Reservoir of the Shoshone Project: [Fit. Doc. 69-4499; Filed, Apr. 16, 1969; vember 1.T943, and Public Land Order Six t h P r in c ip a l Merid ian 8:46 ana.] No. 261 of January 24, 1945, withdrawing T. 52 N., R. 104 W., public lands for use of the War Depart­ Sec. 11, SV&SE}4; [Public Land Order 4606] ment for military purposes, as modified Sec. 14, lots 1, 4, and 5. [Nevada 051769] by Public Land Order No. 881 of Janu­ ary 30, 1953, which transferred lands The areas described aggregate 143.59 NEVADA from the jurisdiction of the War Depart­ acres in Park County. ment to that of the Atomic Energy Com­ 2. Public Land Order No. 4513 of Au­ Revocation of Air Navigation Site mission, and Public Land Order No. 1273 gust 12, 1968, withdrawing lands in secs. Withdrawal of March 14, 1956, withdrawing lands for 11 and 14, T. 29 N., R. 84 W., for the Buffalo Bill Reservoir, is hereby revoked. By virtue of the authority contained use by the Atomic Energy Commission in The lands are withdrawn for a wildlife in section 4 of the act of May 24, 1928 connection with its Hanford Operations, refuge, or are nonpublic. (45 Stat. 729; 49 U.S.C. 214), it is ordered are hereby revoked so far as they affect as follows: the following described lands : H a r r iso n L o e s c h , 1. The departmental order of Au­ W illa m e t te M eridian Assistant Secretary of the Interior. gust 13, 1934, so far as it withdrew the T. 10 N., R. 27 E., A p r il 11, 1969. following described public lands as Sec. 12, lots 5, 6, 7, and 8, SV^SW^, and [F.R. Doc. 69-4502; Filed, Apr. 16, 1969; Air Navigation Site No. 93, is hereby SW&SÉV4; 8:46 a.m.] revoked: Sec. 14, NE% NE% . T. 10 N„ R. 28 E., M o u n t Diablo M eridian Sec. 18, lots 1, 2, 3, 4, and 6, N W ^ N E ^ , T. 2 N., R. 67 E., S% NE% , Ei/2NW % , Ey2SW%, and SE%; Sec. 29, SW^4; Sec. 20, Ny2 and SE %; Title 49— TRANSPORTATION Sec. 30, Wi/2N E ^ , Ei/2N W ]4 , S%. Sec. 28. Chapter X— Interstate Commerce The areas described aggregate 637.33 The areas described aggregate 2,032.34 Commission acres in Lincoln County. adres in Benton County. Of these lands, the SWy4SW% sec. 29; The lands are located northwest of SUBCHAPTER A— GENERAL RULES AND REGULATIONS wy2NEy4, e i/2n w 1/4, n ^ n e & s w ^ , Richland, Wash. Topography is level to Ey2sw y4NE y4s w y 4, s e y4NEy4s w y4, rolling. [S.O. 1005—A] n y2NE y2 s e y4 sw y4, s e y4NE y4 s e y4 2. At 10 a.m. on May 17, 1969, the PART 1033— CAR SERVICE swy4, n e y4s e y4s e y4s w y 4, and sEy4, lands Shall be open to operation of the sec. 30 have been patented. public land laws generally, including the Louisville and Nashville Railroad Co. The lands are located north of Pioche, mining and mineral leasing laws, subject Authorized To Operate Over Certain Nev. Topography is moderate to gently to valid existing rights, the provisions of Trackage Abandoned byTennessee sloping bench land. Vegetation consists existing withdrawals, and the require­ Central Railway Co. of black sage and Indian rice grass. ments of applicable law. All valid appli­ At a session of the Interstate Com­ 2. At 10 a.m. on May 17,1969, the pub­ cations received at or prior to 10 a.m. on May 17, 1969, shall be considered as merce Commission, Railroad Service lic lands shall be open to operation of simultaneously filed at that time. Those Board, held at its office in Washington, the public land laws generally, including received thereafter shall be considered in D.C., on the 10th day of April 1969. the mining laws, subject to valid exist- the order of filing. Upon further consideration of Service ihS rights, the provisions of existing Inquiries concerning the lands should Order No. 1005 (33 F.R. 12660, 34 F.R. withdrawals, and the requirements of be addressed to the Manager, Land Office, 12) and good cause appearing therefor: applicable law. All valid applications re­ Bureau of Land Management, Portland, I t is ordered, That: ceived at or prior to 10 a.m. on May 17, Oreg. Section 1033.1005 Service Order No. 69, shall be considered as simulta­ H a r r iso n L o e s c h , 1005 (Louisville and Nashville Railroad Assistant Secretary of the Interior. Co. authorized to operate over certain neously filed at that time. Those received trackage abandoned by the Tennessee ereafter shall be considered in the or- A pril 11,1969. Central Railway Co.) be, and it is hereby, er of filing. The public land has been [F.R. Doc. 69-4501; Filed, Apr. 16, 1969; vacated and set aside. 8:46 ana.] open to applications and offers under the (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, nnneral leasing laws. 384, as amended; 49 U.S.C. 1, 12, 15, and 17 [Public Land Order 4608] (2). Interprets or applies secs. 1(10-17), Inquiries concerning the land should 15(4) and 17(2), 40 Stat. 101, as amended addressed to the Manager, Land Of- [Wyoming 10641] 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and 17(2)) Nev ^Ureau °* Land Management, Reno, WYOMING I t is further ordered, That this order . . H a r r iso n L o e s c h , Withdrawal for Reclamation Project; shall become effective at 12:01 a.m., April Assistant Secretary of the Interior. Revocation of Public Land Order 12, 1969; that copies of this order and ApRn. li, i969 No. 4513 direction shall be served upon the As­ sociation of American Railroads, Car Doc. 69-4500; F iled , A p r. 16, 1969; By virtue of the authority contained Service Division, as agent of the rail­ 8:46 a.m .] in section 3 of the act of June 17, 1902 roads subscribing to the car service and

FEDERAL REGISTER, YOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6588 RULES AND REGULATIONS per diem agreement under the terms of Board, held at its office in Washington, 40 Stat. 101, as amended, 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and 17(2)) that agreement; and that notice of the D.C., on the 14th day of April 1969. order shall be given to the general public Upon further consideration of Serv­ I t is further ordered, That copies of ice Order No. 1023 (34 F.R. 6281), be­ by depositing a copy in the Office of the this order and direction shall be served cause substantial disruptions of railroad upon the Association of American Rail­ Secretary of the Commission at Wash­ service because severe floods and certain roads, Car Service Division, as agent of ington, D.C., and by filing it with the work stoppages of railroad employees the railroads subscribing to the car serv­ Director, Office of the Federal Register. have- resulted in extensive delays to ice and per diem agreement under the freight cars, and other good cause ap­ By the Commission, Railroad Service pearing therefor: terms of that agreement; and that no­ Board. I t is ordered, That: tice of this order shall be given to the [ s e a l ] H . N e il G a r s o n , Section 1033.1023 Service Order No. general public by depositing a copy in Secretary. 1023 (Demurrage on freight cars), be, the Office of the Secretary of the Com­ [FJt. Doc. 69-4533; Filed, Apr. 16, 1969; and it is hereby amended by substitut­ mission at Washington, D.C., and by 8:49 ajn.] ing the following paragraph (m) for filing it with the Director, Office of the paragraph (m) thereof: (m) Effective date. This order shallFederal Register. [S .0 .1023, Arndt. 1] become effective at 7 am.., May 1, 1969. By the Commission, Railroad Service PART 1053— CAR SERVICE Effective date. This amendment shall Board. become effective at 7 a.m., April 15, 1969. [ s e a l ] H . N e il G arson, Demurrage on Freight Cars (Secs. 1, 12, 15, 24 Stat. 379, 383, 384, as Secretary. amended; 49 UJS.C. 1, 12, 15, and 17(2). At a session of the Interstate Com­ [FJt. Doc. 69-4534; Filed, Apr. 16, 1969; Interprets or applies secs. 1(10-17), 15(4) merce Commission, Railroad Service 8:49 ajn .]

FEDERAL REGISTER, V O L 34, NO. 73— THURSDAY, APRIL 17, 1969 6589 Proposed Rule Making

and 100 percent in the months April- each producer has a continuing associa­ DEPARTMENT OF AGRICULTURE August. Also, the point of pricing di­ tion with the market. verted milk should be at the plant to During the months when reserve sup­ Consumer and Marketing Service which diverted rather than the plant plies are greatest, the order should allow [ 7 CFR Part 1079 ] from which diverted. for the greatest diversions. It is necessary Presentfy, in the months of July to provide for diversions of lesser quan­ [Docket No. AO-295-A19] through March, milk of an individual tity in the other months of the year MILK IN DES MOINES, IOWA, dairy farmer may be diverted to a non­ when most milk regularly associated with MARKETING AREA pool plant as producer milk on no more the market is needed to supply the Class than the number of days during the I needs of the market. Limited diversions Notice of Recommended Decision and month that it is delivered to a pool must be made during such months to en­ Opportunity To File Written Excep­ plant. During the remaining months of able handlers to divert producer milk on tions on Proposed Amendments to the year, unlimited diversions are per­ such occasions as weekends or holidays when plants processing Class I products Tentative Marketing Agreement mitted. Producer milk diverted to a non­ pool plant is now considered a receipt normally do not operate. and to Order at the pool plant from which diverted April through August are generally the Pursuant to the provisions of the Ag­ for pricing purposes. Diverted milk is months of greatest diversion to nonpool ricultural Marketing Agreement Act of not now included in the receipts at a dis­ plants. In 1968, a quantity of milk repre­ 1937, as amended (7 U.S.C. 601 et seq.), tributing plant for determining the pool senting about one-third of all the milk and the applicable rules of practice and status of such a plant and no proposal delivered to pool distributing plants dur­ procedure governing the formulation of to change this provision was considered ing these 5 months was either transferred marketing agreements and marketing at the hearing. or diverted to nonpool plants. In the re­ orders (7 CFR Part 000), notice is hereby A cooperative association representing maining 7 months, a quantity represent­ given of the filing with the Hearing about 80 percent of the producers sup­ ing about 16 percent of the milk delivered Clerk of this recommended decision with plying the Des Moines market proposed to pool distributing plants was moved to respect to proposed amendments to the amending the order. As proposed, a nonpool plants. Since the need to divert tentative marketing agreement and or­ handler who is the operator of a pool milk varies considerably between differ­ der regulating the handling of milk in plant could divert the milk of any in­ ent handlers a greater diversion limita­ the Des Moines, Iowa, marketing area. dividual producer who has one delivery tion is needed to accommodate the Interested parties may file written excep­ to a pool plant during the month, with­ operations of individual handlers. Thus, tions to this decision with the Hearing out limitation during the other days of it is appropriate to permit pool plant Clerk, U.S. Department of Agriculture, such month. The total quantity of di­ handlers during the 5 months of April Washington, D.C. 20250, by the 5th day verted milk, however, could not exceed through August to divert up to 100 per­ after publication of this decision in the 50 percent in September through April cent of the larger of the total quantity F ederal R e g ist e r . The exceptions should and 75 percent in May through August of of producer milk received at such plant be filed in quadruplicate. All written receipts at pool distributing plants. Also, during the current month or the daily submissions made pursuant to this no­ the cooperative asked that the point of average receipts during the previous tice will be made available for public in­ pricing diverted milk be at the plant of month, multiplied by the number of days spection at the office of the Hearing actual receipt. in the current month. During the 7 other Clerk during regular business hours (7 The diversion privilege is primarily in­ months, the quantity of milk that may CFR 1.27 (b)). tended to obtain efficiency in the market­ be diverted should not exceed 50 percent Preliminary statement. The hearing on ing of milk not needed at pool plants of the receipts at pool plants. the record of which the proposed amend­ for fluid use. Instead of being physically Equivalent percentage limitations ments, as hereinafter set forth, to the received at the pool plant and then should apply to a cooperative acting as a tentative marketing agreement and to transferred to the nonpool plant, excess handler on diverted milk. The 50 and 100 the order as amended, were formulated, milk may be hauled directly from the percent limitation would be based on the was conducted at Des Moines, Iowa, on farms to nonpool plants. total member producer milk of such co­ March 24, 1969, pursuant to notices The present system of basing diver­ operative received at all pool plants dur­ thereof which were issued March 6, 1969 sions on the number of days an indi­ ing the month. The order should provide (34 F.R. 5078) and March 12, 1969 (34 vidual producer’s milk is actually de­ further that if a cooperative is diverting P.R. 5303). livered to a pool plant has the effect of member milk during the month, then the Th® material issues on the record of causing each producer’s milk to be de­ allowable diversions by proprietary han­ the hearing relate to: livered at least one-half the time to a dlers should not include milk of producer 1. Diverted milk. pool distributing plant, regardless of members of the cooperative. 2. Location differentials. whether that milk is needed on that Although the proponent cooperative Findings and conclusions. The follow number of days or not. This sometimes proposed a 100 percent diversion limita­ mg findings and conclusions on the mi results in an uneconomical movement of tion during specified months in its pro­ terial issues are based on evidence pr milk. Under the present system, on some posal as published in the hearing notice, sented at the hearing and the recoi days distant milk must be delivered to a at the hearing the cooperative revised its thereof: pool distributing plant in order to qual­ proposal to permit a maximum diversion 1. Diverted milk. The limitation on the ify, while at the same time nearby milk of only 75 percent of receipts at pool quantity of milk that may be diverted is diverted to a manufacturing plant. plants. Another cooperative opposed the and pooled during the month should be Basing diversions on a percentage of proposed limits on diversions, par­ oased on a percentage of total receipts total deliveries will eliminate this un­ ticularly the further limitation not xrom producers at a pool plant or by a economic movement of particular loads anticipated in the hearing notice. The cooperative association rather than the of milk but will require the diverting 100 percent limitation specified herein present method of basing it on days of handler to meet performance standards will accommodate necessary diversions uvery by individual dairy farmers, related to his entire producer milk sup­ and, accordingly, it should be adopted. öucn diversions should be limited to 50 ply. Requiring each producer to deliver Diversions in excess of the applicable Physical receipts at pool at least 1 day during each month to a percentages should not be considered nts in the months September-March pool distributing plant will assure that producer milk. Furthermore, the divert-

No. 73- FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6590 PROPOSED RULE MAKING ing handler should be required to specify 2. Location differentials. The ordering milk from producers’ farms in this the dairy farmers whose milk would not should be amended by deleting, except area to Ottumwa is about the same as it be included as producer milk during the for plants located in Boone and Story is to Des Moines. Unless the Class I and month. Counties, Iowa, the minus 10-cent loca­ producer price of milk at Ottumwa is as Producer milk diverted to a nonpool tion adjustment applicable at plants lo­ high as the Des Moines price, producers plant should be priced at the location of cated outside Polk County. Also, the lo­ will prefer delivery to Des Moines rather the plant to which diverted. Presently, cation adjustment should be amended to than Ottumwa. the producer milk that is diverted dur­ use only the city halls in Des Moines and Heretofore, producers delivering to one ing certain months is priced f.o.b. the Ottumwa, Iowa, as basing points for of the plants at Ottumwa have collected pool plant from which diverted. Much of determining mileages to plants located the price applicable at Ottumwa on milk this milk is diverted to manufacturing outside the marketing area. diverted to a northeastern Iowa manu­ plants located nearer to the farms than Presently, the order establishes a 10- facturing plant at some saving in hauling is the pool plant at which the milk is cent lower price on milk received from cost to them. This saving in hauling cost priced. Consequently, the hauling cost on producers at plants located outside Polk has offset to some extent the fact that such diverted milk is reduced. Pricing the County, Iowa. An additional 10 cents is their price has been 10 cents less at Ot­ milk at the plant from which diverted deducted on milk received at plants lo­ tumwa. With milk priced at the plant nevertheless allows the diverting handler cated 60 to 75 miles from the nearer of to which diverted, as proposed in this the greater cost of delivery as if such the post offices in Corydon, Crestón, Des decision, such offsetting compensation milk were moved to the market. Moines, Grinnell, Jefferson, or Ottumwa, will not be available. A handler who operates a plant lo­ Iowa, and such price is reduced an addi­ The two Ottumwa handlers stated that cated in Ottumwa (Southeast Iowa) re­ tional 1.5 cents for each 10 miles or frac­ they have substantial competition with ceives his milk supply from a dairy tion thereof such distance exceeds 75 an Iowa City handler regulated under farmer cooperative which operates a miles. the Cedar Rapids-Iowa City order and a manufacturing plant located in Cresco A cooperative association which repre­ handler located in Cedar Rapids but reg­ (Northeast Iow a). The distance from sents about 80 percent of the Des Moines ulated under the Quad Cities-Dubuque Cresco to Ottumwa is approximately 200 market producers proposed the deletion order. These two other order handlers miles. These producers’ farms are located of the 10-cent location adjustment at have a Class I price five cents lower than in the area around Cresco. When the plants located outside Polk County, Iowa, the Ottumwa price. The Ottumwa han- • milk from these dairy farmers is not except as it applies to plants in Boone dlers stated that increasing their price needed at the Ottumwa plant, it is and Story Counties, Iowa, and using 10 cents would give the two other order diverted to the nearby manufacturing only Des Moines as a basing point for handlers a 15-cent competitive price plant in Cresco thus saving the extra determining mileages. A handler who advantage. hauling cost for delivery to Ottumwa. operates a distributing plant regulated It is about 85 miles from Ottumwa to Based on the location adjustments under the Greater Kansas City order Iowa City and 100 miles from Ottumwa recommended in this decision, if this testified in favor of this proposal. to Cedar Rapids. A reasonable allowance milk were priced at the plant to which Two handlers who operate plants lo­ for transporting milk is generally recog­ it is diverted, the price would be 28 cated in Ottumwa, Iowa, opposed the nized to be about 1.5 cents per hundred­ cents per hundredweight less than the deletion of the minus 10-cent location weight per 10 miles hauled. At that rate price applicable when it is received f.o.b. adjustment. They stated that they com­ it would cost about 13 to 15 cents to Ottumwa. The rate quoted by a hauling pete extensively with handlers regulated transport milk to Ottumwa from these firm for transporting milk in bulk tank under the Cedar Rapids-Iowa City or two cities. This transportation cost cor­ loads from Cresco to Ottumwa is 29 Quad Cities-Dubuque orders, both of responds very closely with the 15 cents cents. which markets have a 5-cent lower Class higher Class I price which will prevail During the flush production months of I price at the locations of the competing in Ottumwa as a result of this decision May and June 1968, pricing diverted handlers’ plants. to eliminate thè 10-cent location milk at the plant from which diverted The milk supply for the Des Moines adjustment. reduced the pool fund approximately market is expanding in northeast Iowa Handlers opposing the elimination of $9,000 per month according to estimates and in the States of Minnesota and Wis­ the 10-cent location adjustment stated made by proponents. Pricing milk at the consin. In December 1968 there were that they also compete with a Chicago plant to which diverted will end this 1,198 producers supplying the Des Moines Regional handler located in Whitewater, practice whereby the pool fund is reduced market, 191 more than the 1,007 pro­ Wis. This Chicago handler distributes by the transportation allowance on milk ducers in December 1967. Forty-six of milk in Ottumwa and surrounding ter­ that is not shipped to the market. In these new producers are located in Wis­ ritory. The Class I price under the Chi­ addition to the saving to the pool fund, consin, 25 in Minnesota, and in the cago order at Whitewater would be 27 the change will remove an uneconomic State of Iowa 30 are in Delaware County cents per hundredweight less than the incentive which now exists to associate and 25 in Dubuque County. In 11 Des Moines order price as adopted herein milk with the market primarily for the other northeastern Iowa counties an ad­ at Ottumwa. It is. about 280 miles from purpose of manufacturing such milk. ditional 50 producers were added to the Whitewater, Wis., to Ottumwa. At 1.5 Milk used in manuf acturing is obtained Des Moines market. Only 15 of the new cents per 10 miles distance, it would cost in these circumstances at a price sub­ producers coming on the market in this about 42 cents to transport a hundred­ sidized by hauling charges for costs on period came from outside this north­ weight of milk this distance. Thus, the diverted milk which are not incurred. In eastern Iowa, Minnesota, and Wiscon­ Chicago Regional handler’s price pm8 transportation cost would exceed the Ot­ view of the amount of money involved sin area. tumwa price by 15 cents. during the months of May and June, it is The metropolitan area surrounding The m inus 10-cent location adjust­ important that this issue be considered Des Moines, Iowa, is the largest popula­ ment should continue to apply at plants promptly. tion center in the marketing area, but located in Boone and Story Counties, The order presently contains the Ottumwa is another important popu­ Iowa. These two counties are in tne diversion provisions in the “Approved lation center. Ottumwa Is about 85 miles northern tier of counties included in tne milk” definition. The diversion provisions southeast of Des Moines. One of the two contained in the attached order amend­ marketing area and are nearest to tne handlers who operate plants in Ottumwa alternative milk supplies in northeaste ments refer to diversions from pool purchases his milk from a cooperative plants and describe “Producer milk” as association located in Cresco, Iowa. In Iowa and Minnesota. the milk from dairy farmers that is sub­ the same general northeastern Iowa area Ames is the major distribution center ject to the pricing provisions of the order. there are producers who deliver their in Story County and two handlers have The term “Approved milk” should be milk to handlers in Des Moines. This plants located there. Ames is less tnan deleted and all references in the order to northeastern Iowa area is about the 40 miles from Marshalltown, Iowa, in tne that term should be revised to refer to same distance from Ottumwa as from North Central Iowa marketing area. ^ handler regulated under the North cen “Producer milk.” Des Moines. Thus, the cost of transport­

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 PROPOSED RULE MAKING 6591 tral Iowa order located at Marshalltown the price applicable at Carroll is not De f in it io n s distributes milk in Ames. The Class I sufficient to disturb the alignment of Sec. prices between these markets. 1079.1 Act. price under the North Central Iowa order 1079.2 Secretary. at Marshalltown is 5 cents lower than Entire order reissued. Because of the 1079.3 Department. the present Des Moines order price at extensive changes in order terminology 1079.4 Person. Ames. Again, using the 1.5-cent trans­ which are required by the substantive 1079.5 Cooperative association. portation allowance per 10 miles, it would amendments herein proposed, the entire 1079.6 Des Moines, Iowa, marketing area. only cost 6 cents to transport milk to order should be reissued. 1079.7 Producer. Ames from Marshalltown. Rulings on proposed findings and con­ 1079.8 Distributing plant. A similar situation exists with respect 1079.9 Supply plant. clusions. Briefs and proposed findings 1079.10 Pool plant. to handlers located in the city of Boone and conclusions were filed on behalf of 1079.11 Nonpool plant. in Boone County who compete with a certain interested parties. These briefs, 1079.12 Handler. Port Dodge handler who also is regu­ proposed findings and conclusions and 1079.13 Producer-handler. lated under the North Central Iowa or­ the evidence in the record were con­ 1079.14 Producer milk. der. Port Dodge is about 50 miles from sidered in making the findings and con­ 1079.15 Fluid milk product. Boone. This distance would support a clusions set forth above. To the extent 1079.16 Other source milk. transportation allowance of 7.5 cents. that the suggested findings and conclu­ 1079.17 Base zone. 1079.18 Chicago butter price. The Class I price at Fort Dodge under the sions filed by interested parties are in­ North Central Iowa order is 10 cents less consistent with the findings and con­ M arket A dministrator than the Des Moines price at Boone. clusions set forth herein the requests to 1079.25 Designation. Since the present location adjustment make such findings or reach such con­ 1079.26 Powers. results in appropriate alignment of prices clusions are denied for the reasons pre­ 1079.27 Duties. at plants located in Boone and Story viously stated in this decision. R eports, R ecords and F a c ilities Counties, Iowa, with competing plants General findings. The findings and de­ outside the Des Moines area, it should terminations hereinafter set forth are 1079.30 Reports of receipts and utilization. be retained. 1079.31 Other reports. supplementary and in addition to the 1079.32 Records and facilities. The location adjustment at a plant findings and determinations previously 1079.33 Retention of records. located outside the marketing area should made in connection with the issuance of be based on the shortest highway mileage the aforesaid order and of the previously Classification distance from such plant to the nearer issued amendments thereto; and all of. 1079.40 Skim milk and butterfat to bo of the post offices at Des Moines or said previous findings and determina­ classified. Ottumwa. These two cities are the prin­ tions are hereby ratified and affirmed, 1079.41 Classes of utilization. cipal distribution centers in the market­ except insofar as such findings and de­ 1079.42 Shrinkage. ing area. They are about equally distant terminations may be in Conflict with the 1079.43 Responsibility of handlers and re­ from the northern Iowa, Minnesota, and classification of milk. findings and determinations set forth 1079.44 Transfers, Wisconsin supply area. herein. 1079.45 Computation of the skim milk and Under the present order if milk were (a) The tentative marketing agree­ butterfat in each class. priced at a plant located in Cresco, Iowa, ment and the order, as hereby proposed 1079.48 Allocation of skim milk and but­ a location adjustment measured from to be amended, and all of the terms and terfat classified. Grinnell of 30.5 cents would apply. As a conditions thereof, will tend to effectuate M in im u m Prices result of this decision, the Cresco loca­ the declared policy of the Act; 1079.50 Basic formula and class prices. tion adjustment would be measured from (b) The parity prices of milk as de­ Des Moines and would be minus 28 cents. 1079.51 Butterfat differentials to handlers. termined pursuant to section 2 of the 1079.52 Location differentials to handlers. Since Cresco is closer to Grinnell than Act are not reasonable in view of the 1079.53 Use of equivalent prices. it is to Des Moines, changing the basing price of feeds, available supplies of feeds, A pp lic at io n of P rovisions point would lower the price at Cresco and other economic conditions which 7.5 cents. However, by also deleting the affect market supply and demand for 1079.60 Producer-handler. minus 10-cent location adjustment now milk in the marketing area, and the 1079.61 Plants subject to other Federal applicable to plants outside Polk County, minimum prices specified in the pro­ orders. the net increase at Cresco would be 2.5 posed marketing agreement and the 1079.62 Obligations of handler operating a cents. partially regulated distributing order, as hereby proposed to be amended, plant. Producers recommended that the price are such prices as will reflect the afore­ relationship between Carroll County, said factors, insure a sufficient quantity D etermination of U n if o r m P rice Iowa, and the city of Des Moines be of pure and wholesome milk, and be in 1079.70 Computation of the net pool obli­ maintained. They testified that two the public interest; and gation of each pool handler. handlers located in the city of Carroll (c) The tentative marketing agree­ 1079.71 Computation of aggregate value in Carroll County are regulated under used to determine uniform price. ment and the order, as hereby proposed 1079.72 Computation of uniform price. the Nebraska-Western Iowa order. The to be amended, will regulate the han­ Class I price under the Nebraska-Western dling of milk in the same manner as, P a y m e n t for M il k Iowa order is 5 cents higher at Carroll and will be applicable only to persons in 1079.80 Time and method of payment. than the Des Moines price. They ex­ the respective classes of industrial and 1079.81 Butterfat differentials to pro­ pressed concern that if the Des Moines commercial activity specified in, a mar­ ducers. price were to be lowered at Carroll as keting agreement upon which a hearing 1079.82 Location differentials to producers. a result of this decision, it might provide has been held. 1079.83 Producer-settlement fund. an incentive for these two handlers to 1079.84 Payments to the producer-settle­ Recommended marketing agreement become regulated under the Des Moines ment fund. order. Presently, neither o f these and order amending the order. The fol­ 1079.85 Payments out of the producer- lowing order amending the order as handlers have any sales in the Des settlement fund. Moines market. amended regulating the handling of milk 1079.86 Adjustment of accounts. in the Des Moines, Iowa, marketing area 1079.87 Marketing services. The city of Carroll, Iowa, is located is recommended as the detailed and ap­ 1079.88 Expense of administration. about 27 miles west of Jefferson, Iowa propriate means by which the foregoing 1079.89 Termination of obligations. ^wie of the present basing points). conclusions may be carried out. The Effective T im e , Su s pe n s io n or T e r m in a t io n therefore, a plant located in Carroll recommended marketing agreement is Presently has a price 10 cents below the 1079.90 Effective time. Moines price. Carroll is 88 miles not included in this decision because the 1079.91 Suspension or termination. regulatory provisions thereof would be 1079.92 Continuing power and duty of the rom Des Moines and as a result of this market administrator. ecision the location adjustment would the same as those contained in the order, 1079.93 Liquidation after suspension or e minus 13 cents. This slight change in as hereby proposed to be amended: termination.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6592 PROPOSED RULE MAKING

M iscellaneous P rovisions health authority for the processing or lowing categories of nonpool plants are Sec. packaging of Grade A milk and from further defined as follows: 1079.100 Separability of provisions. which any fluid milk product is disposed (a) “Other order plant” means a 1079.101 Agents. of during the month on routes (includ­ plant that is fully subject to the pricing A u t h o r it y : The provisions of this Part ing routes operated by vendors) or and pooling provisions of another order 1079 issued under secs. 1-19, 48 Stat. 31, as through plant stores to retail or whole­ issued pursuant to the Act. amended; 7 U.S.C. 601-674. sale outlets (except pool plants) located (b) “Producer-handler plant” means D e f in it io n s in the marketing area. a plant operated by a producer-handler as defined in any order (including this § 1079.9 Supply plant. § 1079.1 Act. part) issued pursant to the Act. “Act” means Public Act No. 10, 73d “ Supply plant” means a plant from (c) “Partially regulated distributing Congress, as amended and as reenacted which milk, ¿kim milk or cream which is plant” means a nonpool plant that is and amended by the Agricultural Mar­ acceptable to the appropriate health au­ neither an other order plant nor a pro­ keting Agreement Act of 1937, as thority for distribution in the marketing ducer-handler plant, from which fluid amended (7 U.S.C. 601 et seq.). area under a Grade A label is shipped milk products labeled Grade A in con­ § 1079.2 Secretary. during the month to a pool plant quali­ sumer-type packages or dispenser units “ Secretary” means the Secretary of fied pursuant to § 1079.10. are distributed on routes in the market­ Agriculture of the United States or any § 1079.10 Pool plant. ing area during the month. . officer or employee of the United States “Pool plant” means: (d) “ Unregulated supply plant” means authorized to exercise the powers or to (a) A distributing plant from which a a nonpool plant that is a supply plant perform the duties of the said Secretary volume of Class I milk equal to not less and is neither an other order plant nor a of Agriculture. than 35 percent of the Grade A milk re­ producer-handler plant. § 1079.3 Department. ceived at such plant from dairy farmers § 1079.12 Handler. “Department” means the U.S. Depart­ and from other plants is disposed of dur­ “ Handler” means: (a) Any person in ment of Agriculture or any other Federal ing the month on routes (including his capacity as the operator of one or Agency authorized to perform the price routes operated by vendors) or through more pool plants, (b) any cooperative reporting functions of the U.S. Depart­ plant stores to retail or wholesale outlets association with rest>ect to the milk of ment of Agriculture. (except pool plants) and not less than producers diverted by the association for 15 percent of such receipts or an average § 1079.4 Person. the account of such association from a of not less than 7,000 pounds per day, pool plant to a nonpool plant, or (c) any “ Person” means any individual, part­ whichever is less, .is so disposed of to nership, corporation, association or any person as the operator of a partially reg­ such outlets in the marketing area: ulated distributing plant. other business unit. Provided, That if a portion of a plant is § 1079.5 Cooperative Association. physically apart from the Grade A por­ § 1079.13 Producer-handler. tion of such plant, is operated separately “Producer-handler” means any per­ “ Cooperative association” means any and is not approved by any health au­ cooperative marketing association which son who operates a dairy farm and a dis­ thorities for the receiving, processing, or tributing plant but who receives no milk the Secretary determines after appli­ packaging of any fluid milk product for cation by the association: from other dairy farmers or from sources Grade A disposition, it shall not be con­ other than pool plants. (a) To be qualified under the provi­ sidered as part of a pool plant pursuant sions of the act of Congress of February to this section. § 1079.14 Producer milk. 18,1922, as amended, known as the “Cap- (b) A supply plant from which the “Producer milk” means the skim milk per-Volstead Act” and volume of fluid milk products shipped and butterfat contained in Grade A milk (b) To have full authority in the sale during the month to pool plants qualified received at a pool plant directly from a of milk of its members and is engaged pursuant to paragraph (a) of this sec­ dairy farmer. Provided, That milk di­ in making collective sales of or market­ tion is equal to not less than 35 percent verted under the conditions set forth in ing milk or its products for its members. of the Grade A milk received at such paragraphs (a), (b), and (c) of this § 1079.6 Des Moines, Iowa, marketing plant from dairy farmers during such section from a pool distributing plant to area. month: Provided, That if such shipments a nonpool plant for the account of either are not less than 50 percent of the re­ the operator of the pool distributing “Des Moines, Iowa, marketing area” ceipts of Grade A milk directly from plant or a cooperative association shall (hereinafter called the “marketing dairy farmers at such plant during the also be producer milk and shall be area” ), means all the territory within immediately preceding period of Septem­ deemed to have been received by the di­ the boundaries of the city of Grinnell ber through November, such plant shall verting handler at the plant to which and the counties of Adair, Appanoose, be a pool plant for the months of March diverted. Boone, Clarke,' Dallas, Decatur, Greene, through June, unless written application (a) A handler pursuant to § 1079.12 Guthrie, Jasper, Lucas, Madison, Ma­ is filed with the market administrator on (b) may divert for its account without haska, Marion, Monroe, Polk, Story, Un­ or before the 15th day of any of the limit during the other days of the month ion, Warren, Wapello, and Wayne, all months of March, April, May, or June the milk of any member producers whose in the State of Iowa, including territory to be designated a nonpool plant for such milk is received at a pool distributing within such boundaries which is occu­ month and for each subsequent month plant for at least one delivery during the pied by government (municipal, State or through June of the same year: And pro­ month. The total quantity of milk so di­ Federal) reservations, installations, in­ vided further, That if a portion of a plant verted may not exceed 50 percent in Sep­ stitutions, or other establishments. is physically apart from the Grade A tember through March and 100 percent § 1079.7 Producer. portion of such plant, is operated sep­ in April through August of the larger oi “ Producer” means any person, except arately and is not approved by any health the following amounts: (1) The total quantity of its member milk received at a producer-handler as defined in any authority for the receiving, processing or all pool distributing plants during the order (including this part) issued pur­ packaging of any fluid milk product for current month, or (2) the average daily suant to the Act, who produces milk in Grade A disposition, it shall not be con­ quantity of its member milk received at compliance with Grade A inspection re­ sidered as part of a pool plant pursuant all pool distributing plants during tne quirements of a duly constituted health previous month multiplied by the num­ authority which milk is received by a to this section. ber of days in the current month. handler as producer milk. §1079.11 Nonpool plant. (b) A handler in his capacity as the § 1079.8 Distributing plant. “Nonpool plant” means any milk re­ operator of a pool distributing plant may “ Distributing plant” means a plant ceiving, manufacturing or processing divert for his account the milk of any which is approved by an appropriate plant other than a pool plant. The fol­ producer other than a member of a co

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 PROPOSED RULE MAKING 6593

operative association which has diverted M ark et A dministrator nish such information and reports as milk pursuant to paragraph (a) of this § 1079.25 Designation. may be required by the Secretary; section whose milk is received at his pool (h) Prepare and disseminate publicly distributing plant for at least one deliv­ The agency for the administration of such statistics and information as he ery during the month without limit dur­ this part shall be a market administra­ deems advisable and as do not reveal ing the other days of such month. How­ tor, selected by the Secretary, who shall confidential information; ever, the total quantity of milk so di­ be entitled to such compensation as may (i) Verify all reports and payments of verted may not exceed 50 percent in Sep­ be determined by, and shall be subject each handler by audit, if necessary, of tember through March and 100 percent to removal at the discretion of, the such handler’s records and the records in April through August of the larger of Secretary. of any other handler or person upon the following amounts: (1) The total § 1079.26 Powers. whose utilization the classification of quantity of producer milk received at skim milk and butterfat for such handler such plant during the current month The market administrator shall have depends, or by such investigation as the from producers who are not members of the following powers with respect to this market administrator deems necessary; a cooperative association which has di­ part: (j ) Publicly announce and notify each verted milk pursuant to paragraph (a) (a) To administer its terms and pro­ handler in writing on or before: of this section, or (2) the average daily visions; (1) The 5th day of each month, the quantity of producer milk received at (b) To receive, investigate, and report minimum price for Class I milk pursuant such plant during the previous month to the Secretary complaints of violations; to § 1079.50(b) and the Class I butterfat multiplied by the number of days in the (c) To make rules and regulations to differential pursuant to § 1079.51(a), current month from producers who are effectuate its terms and provisions; and both for the current month; and the not members of a cooperative association (d) To recommend amendments to minimum price for Class I I milk pursu­ which has diverted milk in the current the Secretary. ant to § 1079.50(c) and the Class II but­ month pursuant to paragraph (a) of this § 1079.27 Duties^ terfat differential pursuant to § 1079.51 section. (b) both for the preceding month; and The market administrator shall per­ (2) The 10th day after the end of (c) Any milk so diverted by the opera­form all duties necessary to administer tor of a pool plant or by a cooperative the terms and provisions of this part, each month, the uniform price pursuant association in its capacity as a handler including but not limited to, the follow— to § 1079.72, and the butterfat differen­ tial pursuant to § 1079.81; pursuant to § 1079.12(b) in excess of the ing: limits prescribed pursuant to paragraphs (a) Within 45 days following the date (k3 On or before the 10th day after (a) and (b) of this section shall not be on which he enters upon his duties, or the end of each month, report to each producer milk and if the diverting such lesser period as may be prescribed cooperative association, which so re­ handler fails to designate the dairy by the Secretary, execute and deliver to quests, the percentage of the milk caused farmers whose milk is not producer milk, the Secretary a bond, effective as of the to be delivered by the cooperative asso­ then no milk diverted by such handler date on which he enters upon his duties ciation or by its members to the pool during the month shall be producer milk. and conditioned upon the faithful per­ plant of each handler during the month that was utilized in each class. For the §1079.15 Fluid milk product. formance of such duties, in an amount and with surety thereon satisfactory to purpose of this report the milk so de­ “Fluid milk product” means milk, skim livered shall be allocated to each class milkj buttermilk, milk drinks (plain or the Secretary; (b) Employ and fix the compensation in the same ratio as all producer milk flavored), cream or any mixture in fluid received at such plant during the month. form of skim milk and cream (except of such~persons as may be necessary to enable him to administer its terms and (l) Whenever required for purpose of aerated cream products, sour cream, ice allocating receipts from other order cream mix, evaporated or condensed provisions; (c) Obtain a bond in a reasonable plants pursuant to § 1079.46(a) (8) and milk, and sterilized products packaged the corresponding step of § 1079.46(b), in hermetically sealed containers). amount and with reasonable surety thereon covering each employee who the market administrator shall estimate § 1079.16 Other source milk. handles funds entrusted to the market and publicly announce the utilization administrator; (to the nearest whole percentage) in each “Other source milk” means all skim class during the month of skim milk and milk and . butterfat contained in or (d) Pay out of the funds provided by § 1079.88 the cost of his bond and of the butterfat, respectively, in producer milk represented by: of all handlers. Such estimate shall be (a) Receipts during the month in the bonds of his employees, his own compen­ sation, and all other expenses, except based upon the most current available fonn of fluid milk products except (1) data and shall be final for such purpose; fluid milk products received from pool those incurred under § 1079.87, neces­ sarily incurred by him in the mainte­ (m) Report to the market administra­ plants, (2) producer milk, or (3) inven­ tor of the other order, as soon as possible tory at the beginning of the month; and nance and functioning of his office and in the performance of his duties; after the report of receipts and utiliza­ (b) Products other than fluid milk tion for the month is received from a products from any source (including (e) Keep such books and records as handler who has received fluid milk prod­ those produced at the plant) which are will clearly reflect the transactions pro­ ucts from an other order plant, the clas­ reprocessed or converted to another vided for in this part, and, upon request sification to which such receipts are allo­ product in the plant during the month. by the Secretary, surrender the same to cated pursuant to § 1079.46 pursuant to such person as the Secretary may such report, and thereafter any change 1079.17 Base zone. designate; in such allocation required to correct er­ Base zone” means all the territory (f) Publicly announce, at his discre­ rors disclosed in verification of such re­ within the marketing area except Boone tion, unless otherwise directed by the port; and and Story Counties, Iowa. Secretary, by posting in a conspicuous (n) Furnish to each handler operating place in his office and by such other § 1079.18 Chicago butter price. a pool plant who has shipped fluid milk means as he deems appropriate, the products to an other order plant, the Chicago butter price” means the sim- name of any person who, after the date classification to which the skim milk L eJ Ver.age as computed by the market upon which he is required to perform and butterfat in such fluid milk products ciministrator of the daily wholesale sell- such acts, has not made reports pursuant were allocated by the market administra­ g prices (using the midpoint of any to §§ 1079.30 and 1079.31 or payments tor of the other order on the basis of the range as one price) per pound of Grade pursuant to §§ 1079.62, 1079.80, 1079.84, report of the receiving handler; and, as Phi ~Score) bulk creamery butter at 1079.86,1079.87, and 1079.88; necessary, any changes in such classifica­ (g) Submit his books and records to tion arising in the verification of such b y th e ^ S L E t611 dUrlng ^ m°nth examination by the Secretary and fur­ report.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6594 PROPOSED RULE MAKING

R epo r ts, R ecords an d F a c il it ie s skim milk as the market administrator (ii) As classified pursuant to para­ may prescribe. graph (b) (2) of this section; and § 1079.30 Reports o f receipts and uti­ lization. (2) Not accounted for as Class II § 1079.32 Records and facilities. milk; On or before the 7th day after the end Each handler shall maintain and make (b) Class I I milk. Class II milk shall of each month each handler, except a available to the market administrator be: producer-handler, shall report to the or to his representative during the usual (1) Skim milk and butterfat used to market administrator for such month, hours of business such accounts and produce any product other than a fluid reporting separately for each of his pool records of his operations, together with milk product; plants, in the detail and on forms pre­ such facilities as are necessary for the (2) Skim milk disposed of for live­ scribed by the market administrator; market administrator to verify or estab­ stock feed or dumped if the market ad­ (a) The quantities of skim milk and lish the correct data with respect to: ministrator has been notified in advance butterfat contained in or represented (a) The receipts and utilization of all and afforded the opportunity to verify­ by receipts of producer milk; skim milk and butterfat handled in any ing such dumping; (b) The quantities of skim milk and form during the month; (3) Skim milk and butterfat con­ butterfat contained in or represented by (b) The weights and butterfat and tained in inventory of fluid milk prod­ fluid milk products received from pool other content of all milk, skim milk, ucts on hand at the end of the month; plants; ' cream, and other milk products handled (4) The weight of skim milk in fluid (c) The quantities of skim milk and during the month; milk products which is excepted from butterfat contained in or represented by (c) The pounds of skim milk and Class I milk pursuant to paragraph other source milk; butterfat contained in or represented by (a) ( 1) (i) of this section; (d) The quantities of skim milk and all milk products on hand at the begin­ (5) Skim milk and butterfat in butterfat contained in or represented by ning and end of each month; and shrinkage not in excess of two percent producer milk diverted to nonpool plants (d) Payments to producers and co­ of the receipts of (i) producer milk (ex­ pursuant to § 1079.14; operative associations including the cept milk diverted to a nonpool plant (e) Inventories of fluid milk products amount and nature of any deductions pursuant to § 1079.14), (ii) fluid milk on hand at the beginning and end of the and the disbursement of money so products in bulk from an other order month; deducted. plant, exclusive of the quantity for which (f) The utilization of all skim milk Class n utilization was requested by the and butterfat required to be reported § 1079.33 Retention of records. operator of such plant and the handler, pursuant to this section, including a sepa­ All books and records required under and (iii) fluid milk products in bulk from rate statement of the disposition of Class this part to be made available to the unregulated supply plants, exclusive of I milk on routes in the marketing area; market administrator shall be retained the quantity for which Class n utiliza­ and by the handler for a period of 3 years to tion was requested by the handler; and (g) Each handler operating a partially begin at the end of the month to which (6) Skim milk and butterfat, respec­ regulated distributing plant shall report such books and records pertain: Pro­ tively, in shrinkage assigned pursuant to as required in this section substituting vided, That if, within such 3-year § 1079.42(b) (2). receipts from dairy farmers for receipts period, the market adminstrator noti­ § 1079.42 Shrinkage. of producer milk. fies the handler in writing that the re­ The market administrator shall allo­ § 1079.31 Other reports. tention of such books and records is necessary in connection with a proceed­ cate shrinkage over a handler’s receipts (a) Each producer-handler shall make ing under section 8c (15) (A ) of the act as follows: reports to the market administrator at or a court action specified in such notice, (a) Compute the total shrinkage of such time and in such manner as the the handler shall retain such books and skim milk and butterfat at each pool market administrator may prescribe. records, or specified books and records, plant; and (b) Each handler, except a producer- until further written notification from (b) Prorate the resulting amounts be­ handler, shall report^ to the market ad­ the market administrator. In either tween the receipts of skim milk and but­ ministrator in detail‘ and on forms pre­ case, the market administrator shall give terfat contained in: scribed by the market administrator: further written notification to the han­ (1) Items specified in § 1079.41(b) (5); (1) On or before the 20th day after dler promptly upon the termination of and the end of the month for each of his the litigation or when the records are no (2) Remaining receipts of other source plants his producer (or dairy farmer) longer necessary in connection there­ milk. payroll for such month which shall show with. § 1079.43 Responsibility of handlers for each producer: (i) His name and C lassification and reclassification o f milk. address,# (ii) the total pounds of milk § 1079.40 Skim milk and butterfat to All skim milk and butterfat shall be received from such producer, (iii) the be classified. Class I milk unless the handler who first number of days, if less than the entire The skim milk and butterfat which receives such skim milk or butterfat can month, for which milk was received from prove to the market administrator that such producer, (iv) the average butter­ are required to be reported pursuant to § 1079.30 shall be classified each month such skim milk or butterfat should be fat content of such milk, and (v) the net classified otherwise. amount of such handler’s payment, to­ by the market administrator, pursuant gether with the price paid and the to the provisions of § § 1079.41 to 1079.46. § 1079.44 Transfers. amount and nature of any deductions; § 1079.41 Classes of utilization. Skim milk or butterfat in the form of (2) On or before the first day other Subject to the conditions set forth in a fluid milk product shall be classified. source milk is received in the form of § 1079.44 the classes of utilization shall (a) At the utilization indicated by the any fluid milk product at his pool plant be as follows: operators of both plants, otherwise as his intention to receive such product, and (a) Class I milk. Class I milk shallClass I milk, if transferred from a pool on or before the last day such product be all skim milk (including concentrated plant to the pool plant of another is received, his intention to discontinue and reconstituted skim milk) and but­ handler, subject to the following condi- receipt of such product; terfat: ions: (3) Prior to his diversion of producer (1) Disposed of in the form of a fluid (1) The skim milk or butterfat so al­ milk to a nonpool plant, his intention to milk product except: igned to either class shall be limited to divert such milk, the proposed date or (i) Any product fortified with added he amount thereof remaining in sue« dates of such diversion and the plant to solids shall be Class I in an amount equal lass in the transferee plant after com­ which such milk is to be diverted; and only to the weight of an equal volume of utations pursuant to § l07^ f 61(^ Q(L (4) Such other information with re­ a like unmodified product of the same nd the corresponding step of s spect to the utilization of butterfat and butterfat content; and

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 PROPOSED RULE MAKING 6595

(2) If the transferor plant received sources of supply of Grade A milk for § 1079.45 Computation o f the skim milk during the month other source milk to such nonpool plant; and butterfat in each class. be allocated pursuant to § 7079.46(a) (3) (ii) Any Class I utilization disposed of For each month the market adminis­ and the corresponding step of § 1079.46 on routes in the marketing area of an­ trator shall correct for mathematical (b), the skim milk and butterfat so other order issued pursuant to the Act and for other obvious errors the reports transferred shall be classified so as to shall be first assigned to receipts from of receipts and utilization for each, pool allocate the least possible Class I utili­ plants fully regulated by such order, next zation to such other source milk; and plant and for producer milk diverted to pro rata to receipts from pool plants and each nonpool plant and shall compute (3) If the transferor handler received other order plants not regulated by such during the month other source milk to the pounds of butterfat and skim milk in order, and thereafter to receipts from each class at each such plant: Provided, be allocated pursuant to § 1079.46(a) (7) dairy farmers who the market admin­ That if any of the water contained in the and (8) and the corresponding steps of istrator determines constitute regular milk from which-a product is made is § 1079.46(b), the skim milk and butter- sources of supply for such nonpool plant; fat so transferred up to the total of such removed before the product is utilized or (iff) Class I utilization (except in un­ disposed of by a handler, the pounds of receipts shall not be classified as Class I graded cream disposed of for manufac­ skim milk disposed of in such product milk to a greater extent than would be turing uses) in excess of that assigned shall be considered to be an amount applicable tQ a like quantity of such other pursuant to subdivisions (i) and (ii) of equivalent to the nonfat milk solids con­ source milk received at the transferee this subparagraph shall be assigned first tained in such product plus all of the plant; to remaining receipts from dairy farmers water reasonably associated with such (b) As Class I milk, if transferred who the market administrator deter­ solids in the form of whole milk. from a pool plant to a producer-handler; mines constitute the regular source of (c) As Class I milk, if transferred or supply for such nonpool plant and Class § 1079.46 Allocation of skim milk and diverted from a pool plant to a nonpool I utilization in excess of such receipts butterfat classified. plant that is neither an other order plant shall be assigned pro rata to unassigned After making the computations pur­ nor a producer-handler plant, located receipts at such nonpool plant from all suant to § 1079.45, the market admin­ more than 150 miles by the shortest pool and other order plants; and istrator shall determine the classification highway distance as determined by the (iv) To the extent that Class I uti­ of producer milk received by each han­ market administrator, from the nearest lization is not so assigned to it, the skim dler each month as follows: of the Post Offices of Corydon, Creston, milk and butterfat so transferred shall (a) Skim milk shall be allocated in Des Moines, Grinnell, Jefferson, and be classified as Class II milk; the following manner: Ottumwa, Iowa; (e) As follows, if transferred to an (1) Subtract from the total pounds of (d) As Class I milk, if transferred or other order plant in excess of receipts skim milk in Class n the pounds of skim diverted from a pool plant in bulk to from such plant in the same category as milk classified as Class I I pursuant to a nonpool plant that is neither an other described in subparagraph ( 1), (2), or § 1079.41(b)(5); order plant nor a producer-handler (3) of this paragraph: (2) Subtract from the remaining plant, located not more than 150 miles (1) I f transferred in packaged form,pounds of skim milk in each class the by the shortest highway distance, classification shall be in the classes to pounds of skim milk in fluid milk prod­ as determined by the market administra­ which allocated as a fluid milk product ucts received in packaged form from tor, from the nearest of the Post Offices under the other order; other order plants as follows: of Corydon, Creston, Des Moines, Grin­ . (2) I f transferred in bulk form, classi­ (i) From Class n milk, the lesser of nell, Jefferson, and Ottumwa, unless the fication shall be in the classes to which the pounds remaining or two percent of requirements of subparagraphs ( 1) and allocated as a fluid milk product under such receipts; and (2) of this paragraph are met, in which the other order (including allocation (ii) From Class I milk, the remainder case the skim milk and butterfat so under the conditions set forth in sub- of such receipts; transferred or diverted shall be classified paragraph (3) of this paragraph); (3) Subtract successively from the in accordance with the assignment re­ (3>. I f the operators of both the trans­ pounds of skim milk remaining in each sulting from subparagraph (3) of this class, in series beginning with Class II, Paragraph: feror and transferee plants so request in the reports of receipts and utilization the pounds of skim milk in each of the (1) The transferring or diverting han­ filed with their respective market admin­ following: dler claims classification pursuant to tlie istrators, transfers in bulk form shall (i) Other source milk in a form other assignment set forth in subparagraph be classified as Class n to the extent of than that of a fluid milk product; (3) of this paragraph in his report sub­ the Class n utilization (or comparable (ii) Receipts of fluid milk products for mitted to the market administrator pur­ utilization under such other order) avail­ which Grade A certification is not estab­ suant to § 1079.30 for the month within able for such assignment pursuant to the lished, or which are from unidentified which such transaction occurred: allocation provisions of the transferee sources; and (2) The operator of such nonpool order; (iff) Receipts of fluid milk products Plant maintains books and records show- (4) If information concerning the from a producer-handler, as defined mg the utilization of all skim milk and classification to which allocated under under this or any other Federal order; outterfat received at such plant which the other order is not available to the (4) Subtract, in the order specified are made available if requested by the market administrator for purposes of es­ below, from the pounds of skim milk re­ market administrator for the purpose of tablishing classification pursuant to this maining in Class II: verification; and paragraph, classification shall be as Class (i) The pounds of skim milk in re­ (3) The skim milk and butterfat so I, subject to adjustment when such in­ ceipts of fluid milk products from un­ ransferred shall be classified on the formation is available; regulated supply plants for which the oasis of the following assignment of utili- handler requests Class n utilization, but (5) For purposes of this paragraph, if not in excess of the pounds of skim milk ation at such nonpool plant in excess the transferee order provides for more receipts ° f Packaged fluid milk prod- remaining in Class II; than two classes of utilization, milk allo­ (ii) The pounds of skim milk remain­ Pl Sr m Plants and other order cated to a class consisting primarily of ing in receipts of fluid milk products fluid milk products shall be classified as from unregulated supply plants which nr, » ^ny Class 1 utilization disposed Class I, and milk allocated to other are in excess of the pounds of skim milk firJ°„Utes ^ the marketing area shall classes shall be classified as Class n ; determined as follows: and tprfL+tS1??e{L to the skim milk and bi (a) Multiply the pounds of skim milk fprrnÜ111 ^?.e mflk products so trar (6) I f the form in which any fluid milk remaining in Class I milk (exclusive of Dm rofr ^lverted frorn pool plants, n€ product is transferred to an other order Class I transfers between pool plants of Dinnfo a 1° receiPts from other ore plant is not defined as a fluid milk prod­ the handler) at all pool plants of the dairvSfo&nd thereafter to receipts fr uct under such other order, classification handler by 1.25; trafor a? ïlers T *10 the market admin sh§dl be in accordance with the provi­ r determines constitute sions of § 1079.41. (b ) Substract from the result the sum of the pounds of skim milk at all such

FEDERAL REGISTER, V O L 34, NO. 73— THURSDAY, APRIL 17. 1969 6596 PROPOSED RULE MAKING plants in producer milk, in receipts from (i) Subject to the provisions of sub­ Minnesota, as reported by the Depart­ other pool handlers and In receipts in divisions (ii) and (iii) of this sub- ment for the month. Such price shall be bulk from other order plants; and paragraph, such subtraction shall be adjusted to a 3.5 percent butterfat basis (c) (I ) Multiply any resulting pluspro rata to whichever of the following by a butterfat differential rounded to the quantity by the percentage that receipts represents the higher proportion of nearest one-tenth cent at the rate of the of skim milk in fluid milk products from Class I I milk: Chicago butter price times 0.12. The basic unregulated supply plants remaining at (a) The estimated utilization of skim formula shall be rounded to the nearest this plant is of all such receipts remain­ milk in each class, by all handlers, as cent. For the purpose of computing Class ing at all pool plants of such handler, announced for the month pursuant to I prices from the effective date hereof after any deductions pursuant to subdi­ § 1079.27(1); or the basic formula price shall not be less vision (i) of this subparagraph. (b) The pounds of skim milk in each than $4.33. (2) Should such computation result inclass remaining at all pool plants of the (b) Class I milk price. The Class I a quantity to be subtracted from Class II handler; milk price shall be the basic formula which is in excess of the pounds of skim (ii) Should proration pursuant to sub­ price for the preceding month plus $1.25 milk remaining in Class II, the pounds division (i) of this subparagraph result and plus 20 cents. of skim milk in Class I I shall be in­ in the total pounds of skim milk to be (c) Class I I milk price. The Class II creased to the quantity to be subtracted subtracted from Class I I at all pool milk price shall be the basic formula and the pounds of skim milk in Class I plants of the handler exceeding the price for the month. shall be decreased a like amount. In pounds of skim milk remaining in Class such case the utilization of skim milk I I at such plants, the pounds of such § 1079.51 Butterfat differentials to han­ at other pool plant (s) of such handler excess shall be subtracted from the dlers. shall be adjusted in the reverse direction pounds of skim milk remaining in Class For milk containing more or less than by an identical amount in sequence be­ I after such proration at the pool plants 3.5 percent butterfat, the class prices for ginning with the nearest other pool plant at which received; the month calculated pursuant to of such handler at which such adjust­ (iii) Except as provided in subdivision § 1079.50 shall be increased or decreased, ment can be made. (ii) of this subparagraph, should pro­ respectively, for each one-tenth percent (iii) The pounds of skim milk in re­ration pursuant to either subdivision (i) butterfat at the appropriate rate, round­ ceipts of fluid milk products in bulk from or (ii) of this subparagraph result in the ed to the nearest one-tenth cent, deter­ an other order plant in excess of similar amount to be subtracted from either mined as follows:, class exceeding the pounds of skim milk transfers to such plant, but not in excess (a) Class I price. Multiply the Chi­ of the pounds of skim milk remaining in remaining in such class in the pool cago butter price for the preceding plant at which such skim milk was re­ Class II milk, if Class II utilization was month by 0.120. requested by the operator of such plant ceived, the pounds of skim milk in such (b) Class I I price. Multiply the and the handler; class shall be increased to the amount Chicago butter price for the current (5) Subtract from the pounds of skim to be subtracted and the pounds of skim milk remaining in each class, in series milk in the other class shall be decreased month by 0.110. beginning with Class II, the pounds of a like amount. In such case the utili­ § 1079.52 Location differentials to han­ skim milk in inventory of fluid milk zation of milk at other pool plant(s) of dlers. products on hand at the beginning of the such handler shall be adjusted in the (a) For producer milk received at a month; reverse direction by an identical amount plant located inside the marketing are$ (6) Add to the remaining pounds of in sequence beginning with the nearest but outside the base zone or a plant lo­ skim milk in Class II milk the pounds other pool plant of such handler at cated outside the marketing area and 60 subtracted pursuant to subparagraph ( 1) which such adjustment can be made. miles or more by the shortest hard-sur­ of this paragraph; (9) Subtract from the pounds of skim faced highway distance, as measured by (7) (i) Subtract from the pounds of milk remaining in each class the pounds the market administrator, from the post skim milk remaining in each class, pro of skim milk received in fluid milk prod­ offices of Des Moines and Ottumwa, Iowa, rata to the total pounds of skim milk ucts from other pool plants according to which is classified as Class I or assigned remaining in each class in all pool plants the classification assigned pursuant to Class I location adjustment credit pur­ of the receiving handler, the pounds of § 1079.44; suant to paragraph (b) of this section skim milk in receipts of fluid milk prod­ (10) I f the pounds of skim milk re­ and for other source milk for which a ucts from unregulated supply plants maining in both classes exceed the location adjustment is applicable, the that were not subtracted pursuant to pounds of skim milk in producer milk, price specified in § 1079.50(b) shall be subparagraph (4) (i) or (ii) of this subtract such excess from the pounds reduced 10 cents. For plants outside the paragraph; of skim milk remaining in each class in marketing area such price shall be re­ series beginning with Class II. Any (ii) Should such proration result in duced an additional 1.5 cents for each the amount to be subtracted from any amount so subtracted shall be known as 10 miles or fraction thereof in excess of class exceeding the pounds of skim milk “overage” ; 75 miles from the designated post offices. remaining in such class in the pool plant (b) Butterfat shall be allocated in ac­ cordance with the procedure outlined for (b) For purposes of calculating such at which such skim milk was received, adjustment, transfers between pool the pounds of skim milk in such class skim milk in paragraph (a) of this sec­ tion; and plants shall be assigned to Class I dis­ shall be increased to the amount to be position remaining at the transferee subtracted and the pounds of skim milk (c) Combine the amounts of skim milk and butterfat determined pursuant to plant after computations pursuant to in the other class shall be decreased a § 1079.46(a) (8) and the corresponding like amount. In such case the utiliza­ paragraphs (a) and (b) of this section into one total for each class and deter­ step of § 1079.46(b) in excess of 95 per­ tion of milk at other pool plant(s) of cent'of receipts of producer milk at such such handler shall be adjusted in the mine the weighted average butterfat con­ tent of producer milk in each class. plant, such assignment to be made first reverse direction by an identical amount to transferor plants at which no location in sequence beginning with the nearest M i n i m u m P rices adjustment credit is applicable and then other pool plant of such handler at § 1079.50 B a s ic formula and class in sequence beginning with the plant at which such adjustment can be made; rTTViinV* fVin Icoof InAClf.inTI prices. (8) Subtract from the pounds of skim would apply. milk remaining in each class the pounds Subject to the provisions of §§ 1079.51 of skim milk in receipts of fluid milk and 1079.52 the basic formula and class § 1079.53 Use o f equivalent prices. products in bulk from an other order prices per hundredweight for the month I f for any reason a price quotation re­ plant, in excess in each case of similar shall be as follows: quired by this order for computing class transfers to the same plant, that were (a) Basic formula price. The basicprices or for other purposes is not avail­ formula price shall be the average price not subtracted pursuant to subpara­ able in the manner described, the graph (4) (iii) of this paragraph pur­ per hundredweight for manufacturing suant to the following procedure: grade milk, f.o.b. plants in Wisconsin and market administrator shall use a price

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 PROPOSED RULE MAKING 6597 determined by the Secretary to be equiv­ ulated supply plant, unless an obligation and the Class I price for the current alent to the price which is required. with respect to such plant is computed month by the hundredweight of skim as specified below in this subparagraph. milk and butterfat subtracted from Class A p p l ic a t io n o p P r o v isio n s (ii) If the operator of the partiallyI pursuant to § 1079.46(a) (5) and the § 1079.60 Producer-handler. regulated distributing plant so requests, corresponding step of § 1079.46(b); Sections 1079.40 to 1079.46, 1079.50 to and provides with his reports pursuant (d) Add an amount equal to the dif­ 1079.52, and 1079.80 to 1079.88 shall not to §§ 1079.30 and 1079.31(b)(1) similar ference between the value at the Class I apply to a producer-handler. reports with respect to the operations price applicable at the pool plant and of any other nonpool plant which serves the value at the Class I I price, with re­ § 1079.61 Plants subject to other Fed­ as a supply plant for such partially reg­ spect to skim milk and butterfat in other eral orders. ulated distributing plant by shipments source milk subtracted from Class I pur­ The provisions of this part shall not to such plant during the month equiva­ suant to § 1079.46(a) (3) and the corre­ apply to a distributing plant or a supply lent to the requirements of § 1079.10(b) sponding step of § 1079.46(b); plant during any month in which such with agreement of the operator of such (e) Add an amount equal to the value plant would be subject to the classifica­ plant that the market administrator may at the Class I price, adjusted for loca­ tion and pricing provisions of another examine the books and records of such tion of the nearest nonpool plant (s) order issued pursuant to the act unless plant for purposes of verification of such from which an equivalent volume was such plant is qualified as a pool plant reports, there will be added the amount received, with respect to skim milk and pursuant to § 1079.10 and a greater vol­ of the obligation computed at such non­ butterfat subtracted from Class I pur­ ume of fluid milk products is disposed pool supply plant in the same manner suant to § 1079.46(a) (7) and the cor­ of from such plant to retail or wholesale and subject to the same conditions as responding step of § 1079.46(b). outlets and to pool plants in the Des for the partially regulated distributing § 1079.71 Computation of aggregate Moines marketing area than in the mar­ plant. (2) Prom this obligation there will be value used to determine uniform keting area regulated pursuant to such price. other order: Provided, That the opera­ deducted the sum of (i) the gross pay­ tor of a distributing plant or a supply ments made by such handler for Grade A For each month the market adminis­ plant which is exempt from the pro­ milk received during the month from trator shall compute an aggregate value visions of this part pursuant to this dairy farmers at such plant and like pay­ from which to determine the uniform section shall, with respect to the total re­ ments made by the operator of a supply price per hundredweight for producer ceipts and utilization or disposition of plant (s) included in the computations milk of 3.5 percent butterfat content, skim milk and butterfat at the plant, pursuant to subparagraph (1) of this f.o.b. plants located within the base zone, make reports to the market administra­ paragraph, and (ii) any payments to the as follows: tor at such time and in such manner producer-settlement fund of another or­ (a) Combine into one total the values as the market administrator may require der under which such plant is also a computed pursuant to § 1079.70 for all (in lieu of the reports required pursu­ partially regulated distributing plant. pool plants for which the reports pre­ ant to § 1079.30) and allow verifica­ (b) An amount computed as follows: scribed in § 1079.30 for such month were tion of such reports by the market (1) Determine the respective amounts made, except those in default of pay­ administrator. of skim milk and butterfat disposed of as ments required pursuant to § 1079.84 for Class I milk on routes in the marketing the preceding month; , § 1079.62 Obligations o f handler oper­ area; (b) Add or subtract for each one- ating a partially regulated distribut­ (2) Deduct the respective amounts of ing plant. tenth percent that the average butterfat skim milk and butterfat received as Class content of the milk specified in § 1079.72 Each handler who operates a partially I milk at the partially regulated dis­ (a) is less or more, respectively, than 3.5 regulated distributing plant shall pay to tributing plant from pool plants and percent, an amount computed by multi­ the market administrator for the pro­ other order plants except that deducted plying such differences by the butterfat ducer-settlement fund on or before the under a similar provision of another or­ differential to producers, and multiply­ 25th day after the end of the month der issued pursuant to the Act; ing the result by the hundredweight of either of the amounts (at the handler’s (3) Combine the amounts of skim such milk; election) calculated pursuant to para­ milk and butterfat remaining into one (c) Add an amount equal to the sum of graph (a) or (b) of this section. I f the total and determine the weighted aver­ the location differential deductions to be handler fails to report pursuant to age butterfat content; and made pursuant to § 1079.82; and §§ 1079.30 and 1079.31(b)(1) the infor­ (4) Prom the value of such milk at the (d) Add an amount equal to one-half mation necessary to compute the amount Class I price applicable at the location of the unobligated cash balance in the specified in paragraph (a) of this section, of the nonpool plant, subtract its value producer-settlement fund. he shall pay the amount computed pursu­ at the uniform price applicable at such ant to paragraph (b) of this section: location (not to be less than the Class II §1079.72 Computation of uniform (a) An amount computed as follows: price). price. (1) (i) The obligation that would have D etermination o f U n if o r m P r ic e For each month the market adminis­ been computed pursuant to § 1079.70 at trator shall compute a uniform price for such plant shall be determined as § 1079.70 Computation o f the net pool obligation of each pool handler. milk- of 3.5 percent butterfat content, though such plant were a pool plant. f.o.b. pool plants located within the base For purposes of such computation, re­ The net pool obligation of each pool zone, as follows: handler during each month shall be a ceipts at such nonpool plant from a pool (a) Divide the aggregate value com­ sum of money computed by the market Plant or an other order plant shall be puted pursuant to § 1079.71 by the sum assigned to the utilization at which clas­ administrator as follows: (a) Multiply the quantity of producer of the following for all handlers included sified at the pool plant or other order in these computations: plant and transfers from such nonpool milk in each class, as computed pursu­ Plant to a pool plant or an other order ant to § 1079.46(c), by the applicable (1) The total hundredweight of pro­ Plant shall be classified as Class n milk class prices (adjusted pursuant to ducer milk; and “ allocated to such class at" the pool §§ 1079.51 and 1079.52); (2) The total hundredweight for Plant or other order plant and be valued (b) Add the amount obtained from which a value is computed pursuant to at the uniform price of the respective multiplying the pounds of overage de­ § 1079.70(e); and order if so allocated to Class I milk. ducted from each class pursuant to (b) Subtract not less than four cents §1079.46(a) (10) and the corresponding There shall be included in the obligation nor more than five cents from the price step of § 1079.46(b) by the applicable computed pursuant to paragraph (a) of so computed a charge in the amount class prices; this section. The result shall be known specified in § 1079.70(e) and a credit in (c) Add the amount obtained from the amount specified in § 1079.84(b) (2) multiplying the difference between the as the uniform price for milk received with respect to receipts from an unreg- Class n price for the preceding month from producers.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 No. 73------5 6598 PROPOSED RULE MAKING

P a y m e n t fo r M i l k § 1079.82 L o c a t io n differentials to to or from the producer-settlement fund producers. pursuant to §§ 1079.84 and 1079.85, the § 1079.80 Time and method o f payment. ~(a) The uniform price for producer market administrator shall promptly bill (a) Each handler shall pay each pro­ milk pursuant to § 1079.72 received at a such handler for any unpaid amounts ducer for producer milk for which pay­ pool plant or diverted from a pool plant and such handler shall, within 15 days ment is not made to a cooperative asso­ shall be reduced according to the loca­ of such billing, make payments to the ciation pursuant to paragraph (b) of this tion of the plant of actual receipt at the market administrator of the amount so section, as follows: rates set forth in § 1079.52. billed. Whenever verification discloses (1) On or before the last day of each Ob) For purposes of computations that payment is due from the market month; for producer milk received during pursuant to §§ 1079.84 and 1079.85 the administrator to any handler, the market the first 15 days of the month, at not less uniform price shall be adjusted at the administrator shall, within 15 days, than the Class II price for the preceding rates set forth in § 1079.52 applicable at 'make such payment to such handler. month; and the location of the nonpool plant from Whenever verification by the market ad­ (2) On or before the 15th day after which the milk was received. ministrator of the payment by a handler the end of each month, for producer to any producer or to a cooperative as­ m ilk received during such month, an § 1079.83 Producer-settlement fund. sociation discloses payment of an amount amount computed at not less than the The market administrator shall main­ less than is required by § 1079.80 the uniform price pursuant to § 1079.72 ad­ tain a separate fund known as the “ pro­ handler shall make up such payment to justed pursuant to §§ 1079.81, 1079.82 ducer-settlement fund” into which he the producer or cooperative association and 1079.87, and less the payment made shall deposit all payments made to such not later than the time of making pay­ pursuant to subparagraph (1) of this fund and out of which he shall make all ment next following such disclosure. paragraph. payments from such fund pursuant to § 1079.87 Marketing services. (b) Each handler shall make pay­ §§ 1079.62, 1079.84, 1079.85, and 1079.86: ment to a cooperative association for Provided, That the market administrator (a) Except as set forth in paragraph producer milk which it caused to be shall offset the payment due to a handler (b) of this section, each handler in mak­ delivered to such handler, if such co­ against payments due from such handler. ing payments to each producer pursuant operative association is authorized to to § 1079.80 shall deduct 5 cents per hun­ collect such payments for its members § 1079.84 Payments to the producer- dredweight or such lesser amount as the and exercises such authority, an amount settlement fund. > Secretary may prescribe with respect to equal to the sum of the individual pay­ On or before the 12th day after the producer milk received by such handler ments otherwise payable for such pro­ end of the month each handler shall pay (except such handler’s own farm produc­ ducer milk, as follows: to the market administrator the amount, tion) during the month, and shall pay (1) On or before the 26th day of each if any, by which the total amounts spec­ such deductions to the market adminis­ month for producer milk rèceived during ified in paragraph (a) of this section trator not later than the 15th day after the first 15 days of the month; and exceed the amounts specified in para­ the end of the month. Such money shall (2) On or before the 13th day after graph (b) of this section: be used by the market administrator to the end of each month for milk received (a) The total of the net pool obliga­ verify or establish weights, samples, and during such month. tion computed pursuant to § 1079.70 for tests of producer milk and to provide (c) In making the payments for pro­ such handler; and producers with market information. ducer milk pursuant to this section, each (b) The sum of Such services shall be performed in handler shall furnish each producer or (1) The amount of the obligation pur­ whole or in part by the market adminis­ cooperative association from whom he suant to § 1079.80 of such handler for trator or by an agent engaged by and has received milk with a supporting producer milk received during the responsible to him. statement in such form that it may be month; and (b) In the case of producers for whom retained by the recipient, which shall • (2) The value at the uniform price ap­ a cooperative association is performing, show: plicable at the location of the plant(s) as determined by the Secretary, the serv­ (1) The month and identity of the from Which received (not to be less ices set forth in paragraph (a) of this handler and of the producer; than the value at the Class n price) section, each handler shall make, in lieu (2) The daily and total pounds and with respect to other source milk for of the deductions specified in paragraph the average butterfat content of pro­ which a value is computed pursuant to (a) of this section, such deductions as ducer milk; § 1079.70(e). are authorized by such producers and, on (3) The minimum rate or rates at or before the 15th day after the end of which payment to the producer is re­ § 1079.85 Payments out of the producer- each month, pay over such deductions to quired pursuant to the order; settlement fund. the association rendering such services. (4) The rate which is used in making On or before the 13th day after the § 1079.88 Expense o f administration. the payment, if such rate is other than end of each month the market adminis­ the applicable minimum rate; trator shall pay to each handler the As his pro rata share of the expense (5) The amount or the rate per amount, if any, by which the amount of administration of the order,- each hundredweight and nature of each de­ computed pursuant to § 1079.84(b) ex­ handler shall pay to the market admin­ duction claimed by the handler; and ceeds the amount computed pursuant to istrator on or before the 15th day after the end of the month 4 cents per hun­ (6) The net amount of payment to § 1079.84(a) : Provided, That if the bal­ dredweight or such lesser amount as the such producer or cooperative association. ance in the producer-settlement fund is insufficient to make all payments pursu­ Secretary may prescribe, with respect to § 1079.81 Butterfat differentials to pro­ ant to this section, the market adminis­ (a) producer milk, (b) other source milk ducers. trator shall reduce uniformly such pay­ allocated to Class I pursuant to § 1079.- The uniform price pursuant to ments and shall complete such payments 46(a) (3) and (7) and the corre­ § 1079.72 shall be increased or de­ as soon as the necessary funds are avail­ sponding steps of § 1079.46 (b), and (c) creased for each one-tenth of 1 per­ able. A handler who has not received the Class I milk disposed of from a partially cent that the butterfat content of such balance of such payments from the mar­ regulated distributing plant on routes in milk is above or below 3.5 percent, re­ ket administrator shall not be considered the marketing area that exceeds Class I spectively, at the rate determined by in violation of § 1079.80 if he reduces his milk received during the months at such multiplying the pounds of butterfat in payments to producers by not more than plant from pool plants and other order producer milk allocated to Class I and the amount of the reduction in payment Class II milk pursuant to § 1079.46 by from the producer-settlement fund. plants. the respective butterfat differential for § 1079.89 Termination of obligations. § 1079.86 Adjustment of'accounts. each class, dividing the sum of such The provisions of this section shall values by the total pounds of such butter­ Whenever verification by the market apply to any obligation under this part fat, and rounding the resultant figure to administrator of reports or payments of the nearest one-tenth cent. any handler discloses errors in payments for the payment of money.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 PROPOSED RULE MAKING 6590

(a) The obligation of any handler to effective at such time as the Secretary provisions of this part, to other persons pay money required to be paid under may declare and shall continue in force or circumstances shall not be affected the terms of this order shall, except as until suspended or terminated. thereby. provided in paragraph (b) and (c) of § 1079.91 Suspension or termination. § 1079.101 Agents. this section, terminate 2 years after the last day of the calendar month dur­ The Secretary shall suspend or termi­ The Secretary may, by designation in ing which the market administrator re­ nate any or all of the provisions of this writing, name any officer or employee of ceived the handler’s utilization report on part, whenever he finds that it obstructs the United States to act as his agent or milk involved in such obligation, unless or does not tend to effectuate the de­ representative in connection with any of within such 2-year period the market clared policy of the act. The part shall, the provisions of this part. administrator notifies the handler in in any event, terminate whenever the Signed at Washington, D.C., on April writing that such money is due and pay­ provisions of the act authorizing it cease 14, 1969. to be in effect. able. Service of such notice shall be J o h n C. B l u m , complete upon mailing to the handler’s § 1079.92 Continuing power and duty o f Deputy Administrator, last known address, and it shall contain, the market administrator. Regulatory Programs. but need not be limited to, the following information: (a) If, upon the suspension or termi­ [F.R. Doc. 69-4561, Filed, Apr. 16, 1969; (1) The amount of the obligation; nation of any or all of the provisions of 8:51 a.m.] (2) The month(s) during which the this part, there are any obligations aris­ milk, with respect to which the obliga­ ing under this part, the final accrual or tion exists, was received or handled; and ascertainment of which requires fur­ (3) If the obligation is payable to ther acts by any handler, by the market ATOMIC ENERGY COMMISSION one or more producers or to an. associa­ administrator, or by any other person, tion of producers, the name of such pro­ the power and duty to perform such fur­ [ 10 CFR Part 50 1 ther acts shall continue notwithstanding ducer (s) or association of producers, or LICENSING OF PRODUCTION AND if the obligation is payable to the mar­ such suspension. or termination: Pro­ ket administrator, the account for which vided, That any such acts required to be UTILIZATION FACILITIES it is to be paid. performed by the market administrator Quality Assurance Criteria for shall if the Secretary so directs, be per­ (b) If a handler fails or refuses, with Nuclear Powerplants respect to any obligation under this part, formed by such other person, persons, or to make available to the market admin­ agency as the Secretary may designate. The Atomic Energy Commission has istrator or his representative all books (b) The market administrator, or such under consideration an amendment to and records required by this order to be other person as the Secretary may desig­ its regulation, 10 CFR Part 50, “Licens­ made available, the market administra­ nate shall (1) continue in such capacity ing of Production and Utilization Facili­ tor may, within the 2-year period pro­ until discharged by the Secretary; (2) ties,” which would add an Appendix B, vided for in paragraph (a) of this from time to time account for all receipts “ Quality Assurance Criteria for Nuclear section, notify the handler in writing of and disbursements and deliver all funds Power Plants.” Nuclear powerplants in­ such failure or refusal. If the market or property on hand together with the clude structures, systems, and compo­ administrator so notifies a handler, the books and records of the market ad­ nents that prevent or mitigate the con­ said 2-year period with respect to such ministrator or such person, to such per­ sequences of postulated accidents that obligation shall not begin to run until son as the Secretary shall direct; and could cause undue risk to the health and the first day of the calendar month fol­ (3) if so directed by the Secretary exe­ safety of the public. The purpose of the lowing the month during which all such cute such assignment or other instru­ proposed amendment is to provide qual­ books and records pertaining to such ments necessary or appropriate to vest ity assurance requirements for the design, obligation are made available to the in such person full title to all funds, construction, and operation of these market administrator or his representa­ property, and claims vested in the market structures, systems, and components. tives. administrator or such person pursuant These requirements apply to all activi­ (c) Notwithstanding the provisions of thereto. ties during the design, construction, and paragraphs (a) and (b) of this section, operating phases of nuclear powerplants § 1079.93 Liquidation after suspension a handler’s obligation under this part or termination. which affect the safety-related functions to pay money shall not be terminated of such structures, systems, and compo­ with respect to any transaction involv­ Upon the suspension or termination nents. ing fraud or wailful concealment of a of any or all provisions of this part the The development of these criteria has fact, material to the obligation, on the market administrator, or such person taken into account cooperative Atomic Part of the handler against whom the as the Secretary may designate, shall if Energy Commission-industry efforts on obligation is sought to be imposed. so directed by the Secretary, liquidate quality assurance requirements, the ex­ (d) Any obligation on the part of the the business of the market, administra­ perience accumulated in designing, con­ market administrator to pay a handler tor’s office and dispose of all funds and structing, and operating licensed nuclear any money which such handler claims to property then in his possession or under powerplants and Commission-owned re­ be due him under the terms of this part his control, together with claims for any actors, and the quality assurance pro­ shall terminate 2 years after the end funds which are unpaid or owing at the grams required for work under the cog­ 0 .^he calendar month during which the time of such suspension or termination. nizance of the Department of Defense milk involved in the claim was received Any funds collected pursuant to the and the National Aeronautics and Space 11 811 underpayment is claimed, or 2 provisions of this part, over and above Administration. years after the end of the calendar the amounts necessary to meet outstand­ ing obligations and the expenses neces­ The quality assurance requirements month during which the payment (in­ established by these criteria are intended cluding deduction or set-off by the mar­ sarily incurred by the market adminis­ to assure that: ket administrator) was made by the han­ trator or such person in liquidating such dler if a refund on such payment is funds, shall be distributed to the con­ (a) Applicable regulatory require­ claimed, unless such handler within the tributing handlers and producers in an ments and the design bases, as defined in § 50.2 and as specified in the license ap­ ppucable period of time, files pursuant equitable manner. to section 8c(15) (A ) of the act, a peti- plication, for structures, systems, and u°n claiming such money. M iscellaneous P r o v is io n s components are correctly translated into specifications, drawings, procedures, and E ffective T im e , S u s p e n s io n or § 1079.100 Separability of provisions. instructions. T e r m in a t io n If any provision of this part, or its (b) Systems and components fabri­ §1079.90 Effective time. application to any person or circum­ cated and tested in manufacturers’ facili­ provlsions of this part, or any stances, is held invalid, the application ties conform to these specifications, amendments to this part, shall become of such provision, and of the remaining drawings, procedures, and instructions.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6600 PROPOSED RULE MAKING

(c) Structures, systems, and compo­ tion * to be included shall consist of the Quality assurance includes quality control, nents constructed and tested at the nu­ following.: which comprises those quality assurance clear powerplant site conform to these actions related to the physical characteristics * * * * * of a material, structure, component, or sys­ specifications, drawings, procedures, and tem which provide a means to control the instructions. (7) A description and evaluation of the quality assurance program to be ap-. quality of the material, structure, component, (d) Succeeding activities, such as or system to predetermined requirements. plied to the design, fabrication, construc­ operating, testing, refueling, repairing, I. ORGANIZATION maintaining, and modifying nuclear tion, and testing of the structures, sys­ powerplants, are conducted in accord­ tems, and components of the facility. The applicant3 shall be responsible for the ance with quality assurance practices Appendix B, “ Quality Assurance Criteria development, implementation, and execution for Nuclear Power Plants,” sets forth the of the quality assurance program. The appli­ consistent with those employed during cant may delegate to other organizations the design and construction. In addition to requirements for quality assurance pro­ grams for nuclear power plants. establishment and execution of the quality the requirement that operating activi­ assurance program, or any part thereof, but ties be conducted in accordance with * * * * * shall retain responsibility therefor. The these quality assurance practices, there (b) Final safety analysis report. Each authority and duties of persons and organi­ are other requirements which must be zations performing quality assurance func­ application for a license to operate a fa­ tions shall be clearly established and suitably developed and observed to as­ cility shall include a final safety analysis sure safe operation; for example, tech­ delineated in writing. Such persons and or­ report. The final safety analysis report ganizations shall have sufficient authority nical specifications, schedules of main­ shall include information that describes and organizational freedom to identify qual­ tenance and refueling, fuel management the facility, presents the design bases, ity problems; to initiate, recommend, or programs, and programs for operator and the limits on its operation, and pre­ provide solutions; and to verify implementa­ training and qualification. sents a safety analysis of the structures, tion of solutions. In general, assurance of These quality assurance criteria would systems, and components and of the fa­ quality requires management measures supplement Criterion 1 of the “ General which provide that the individual or group cility as a whole, and shall include the assigned the responsibility for checking, Design Criteria for Nuclear Power Plant following : Construction Permits.” 1 They are in­ auditing, inspecting, or otherwise verifying ♦ * * * * that an activity has been correctly performed tended to assist applicants (1) to com­ is independent of the individual or group ply with § 50.34(a) (7) which requires in­ (6) The following information con­ directly responsible for performing the spe­ clusion in the preliminary safety analy­ cerning facility operation: cific activity. The applicant shall regularly sis report of a description and evaluation * * * * * review the status and adequacy of the qual­ of the quality assurance program to be ity assurance program. Management of other applied to the design, fabrication, con­ (ii) Managerial and administrative organizations participating in the quality struction, and testing of the structures, controls to be used to assure safe opera­ assurance program shall regularly review the status and adequacy of that part of the systems, and components of the facility, tion. Appendix B, “Quality Assurance Criteria for Nuclear Power Plants,” sets quality assurance program which they are and (2) in the development of mana­ executing. gerial and administrative controls to be forth the requirements for such controls used to assure safe operation, as required for nuclear powerplants. H. QUALITY ASSURANCE PROGRAM by § 50.34(b) (6) (ii). Specific references * * * * * The applicant shall establish at the earliest to the proposed Appendix B, “Quality 2. A new Appendix B is added to read practical time a quality assurance program Assurance Criteria for Nuclear Power as follows: which complies with the requirements of Plants,” would be added to § 50.34 (a) this appendix. Thjs program shall be docu­ A ppendix B —Qu a l it y A ssurance Criteria for mented by written policies, procedures, and and (b ). N uclear P ow erplants instructions and shall be carried out These criteria will also be used for throughout plant life. The applicant shall Every applicant for a con­ guidance in evaluating the adequacy of Introduction. identify the structures, systems, and com­ struction permit is required by the provisions ponents to be covered by the quality assur­ the quality assurance programs in use by of § 50.34 to include in its preliminary safety ance program and the major organizations holders of construction permits and op­ analysis report a description and evaluation participating in the program, together with erating licenses. of the quality assurance program to be ap­ their designated functions. The quality as­ Pursuant to the Atomic Energy Act of plied to the design, fabrication, construction, surance program shall provide control, by 1954, as amended, and section 553 of title and testing of the structures, systems, and means such as design review, verification, components of the facility. Every applicant 5 of the United States Code, notice is inspection, and documentation, over activi­ for an operating license is required to in­ hereby given that adoption of the follow­ ties affecting the quality of the identified clude, in its final safety analysis report, in­ ing amendments to 10 CFR Part 50 is structures, systems, and components, to an formation pertaining to the managerial and extent consistent with their importance to contemplated. All interested persons who administrative controls to be used to assure safety. Activities affecting quality shall be wish to submit comments or suggestions safe operation. Nuclear powerplants include accomplished under this program in accord­ in connection with the proposed amend­ structures, systems, and components that ance with instructions, procedures, or draw­ prevent or mitigate the consequences of pos­ ments should send them to the Secretary, ings of a type appropriate to the circum­ tulated accidents that could cause undue U.S. Atomic Energy Commission, Wash­ stances and under suitably controlled con­ risk to the health and safety of the public. ington, D.C. 20545, Attention: Chief, ditions. Controlled conditions include the This appendix establishes quality assurance Public Proceedings Branch, within 60 use of appropriate equipment, suitable work­ requirements for the design, construction, ing environment, adequate cleanliness, and days after publication of this notice in and operation of those structures, systems, assurance that all prerequisites for the given the F ederal R eg ister . Copies of com­ and components. These requirements apply operation have been satisfied. The program ments received may be examined in the to all activities affecting the safety-related shall take into account the need for spe­ Commission’s Public Document Room at functions of those structures, systems, and 1717 H Street NW., Washington, D.C. components; these activities include design­ cial controls, processes, test equipment, tools, 1. In § 50.34, paragraphs (a) (7) and ing, purchasing, fabricating, handling, ship­ and skills to attain the required quality; the ping, storing, cleaning, erecting, installing, (b) (6) (ii) are amended to read as need for verification of quality by inspection inspecting, testing, operating, maintaining, and test; and the need for indoctrination follows: repairing, refueling, and modifying. and training of personnel to execute the As used in this appendix, “quality assur­ § 50.34 Contents o f applications: tech­ program. nical information. ance” comprises all those planned and sys­ tematic actions necessary to provide adequate (a) Preliminary safety analysis re­ confidence that a structure, system, or com­ 8 While the term “applicant” is port. Each application for a construction ponent will perform satisfactorily in service. these criteria, the requirements are, of coure- permit shall include a preliminary safety applicable after such a person has rece analysis report. The minimum informa- 2 The applicant may provide information a license to construct and operate a J[luc required by this paragraph in the form of a powerplant. These criteria will also be 1 The General Design Criteria were pub­ discussion, with specific references, of simi­ for guidance in evaluating the adequacy lished for public comment as a proposed larities to and differences from, facilities of quality assurance programs in use by no amendment to 10 CFR Part 50 in the F ederal similar design for which applications have of construction permits and opera R egister on July 11, 1967 (32 F.R. 10213). previously been filed with the Commission. licenses.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 PROPOSED RULE MAKING 6601

in. DESIGN CONTROL source evaluation and selection, objective ards which have known valid relationships evidence of quality furnished by the con­ to national standards. Measures shall be established to assure tractor or subcontractor, inspection at the that applicable regulatory requirements and XIII. HANDLING, STORAGE, SHIPPING, AND contractor or subcontractor source, and ex­ PRESERVATION the design basis, as defined in § 50.2 and as amination of products upon delivery. The specified in the license application, for those effectiveness of the control of quality by Measures shall be established to provide structures, systems, and components to contractors and subcontractors shall be as­ work and inspection instructions for han­ which this appendix applies are correctly sessed by the applicant or designee at inter­ dling, storage, shipping, and preservation of translated into specifications, drawings, vals consistent with the importance, com­ material and equipment to prevent damage or procedures, and instructions. These measures plexity, and quantity of the product or deterioration. When necessary for particular pVvaii provide for the performance of design services. Test reports, inspection records, products, special protective environments, reviews by individuals or groups other than audit reports, certificates, and other evidence such as inert gas atmospheres, specific mois­ those who performed the original design, but of quality shall be used in this assessment, ture content levels, and temperature levels, who may be from the same organization. In and corrective action shall be taken where shall be provided and their existence verified. addition to verification of the design, the indicated. applicant shall be responsible for assuring XIV. INSPECTION, TEST, AND OPERATING STATUS that the design is correctly described in the vm. IDENTIFICATION AND CONTROL OF Measures shall be established to indicate, license application and that the contents MATERIALS, PARTS, AND COMPONENTS by the use of markings such as stamps, tags, of the safety analysis reports are accurate. Measures shall be established for the iden­ labels, routing cards, or other suitable means, Design reviews shall cover items such as the tification and control of materials, parts, and the status of inspections ahd tests performed following: reactor physics, stress, thermal, components, including partially fabricated upon individual items and the status of hydraulic, and accident analyses: compati­ assemblies. These measures shall assure that plant operating equipment. These measures bility of materials and of design interfaces; identification is maintained, either on the shall provide for the identification of those accessibility for inservice inspection, mainte­ item or on records traceable to the item, items which conform to inspection and test nance, and repair; and delineation of ac­ requirements; nonconforming items shall be ceptance criteria for inspections and tests. throughout fabrication, erection, installation, repair, or modification. The measures shall clearly marked for subsequent disposition. Reports of in-process and final design re­ Procedures shall be provided for tagging views shall be reviewed by management of be designed to prevent the use of incorrect or defective items, and items which have not equipment such as valves and switches when the responsible design organizations. Design necessary to prevent inadvertent operation. changes, including field changes, shall be ap­ received the required inspections and tests. proved by the organization that performed ix. control of special, processes XV. NONCONFORMING MATERIAL, PARTS, OR the original design unless the applicant spe­ COMPONENTS cifically designates another responsible or­ Measures shall be established to assure that special processes, including welding, heat Measures shall be established to control ganization. Procedures shall be established material, parts, or components which do not among participating design organizations for treating, and nondestructive testing, are con­ trolled in accordance with applicable codes, conform to requireménts in order to prevent the review, approval, release, distribution, their inadvertent use or installation. These and revision of documents involving design standards, specifications, criteria, and other special requirements, and are accomplished measures shall include procedures for identi­ interfaces. fication, documentation, segregation, disposi­ by qualified personnel using qualified tion, and notification to affected organiza­ IV. PROCUREMENT DOCUMENT CONTROL procedures. tions. Nonconforming items shall be reviewed x. in s pe c t io n Measures shall be established to assure and accepted, rejected, repaired, or reworked that applicable regulatory requirements, de­ A program for in-process and final in­ in accordance with documented procedures. sign bases, and other requirements which spection of activities affecting quality shall Ultimate disposition of nonconforming items are necessary to assure adequate quality are be established to assure conformance with shall be documented. suitably included or referenced in the docu­ documented instructions, procedures, and XVI. CORRECTIVE ACTION ments for procurement of material, equip­ drawings. Examinations, measurements, or ment, and services, whether purchased by the tests of material or products processed shall Measures shall be established to assure applicant or by its contractors or subcon­ be performed for each work operation where that all conditions adverse to quality, such tractors. To the extent necessary, procure­ necessary to assure quality. If inspection of as failures, malfunctions, deficiencies, de­ ment documents shall require contractors or processed material or products is impossible viations, defective material and equipment, subcontractors to provide a quality assurance or disadvantageous, indirect control by moni­ and nonconformances, are promptly identi­ program consistent with the quality assur­ toring processing methods, equipment, and fied and reported to appropriate levels of ance requirements of this appendix. personnel shall be provided. Both inspection management. The measures shall also assure V. INSTRUCTIONS, PROCEDURES, AND DRAWINGS and process monitoring shall be provided that the cause of the condition adverse to when control is inadequate without both. quality be determined and corrected to pre­ Activities affecting quality shall be pre­ Mandatory inspection hold points, which re­ clude repetition. The corrective action meas­ scribed by documented instructions, pro­ quire witnessing or inspecting by the appli­ ures shall extend to the performance of all cedures, or drawings, of a type appropriate to cant’s designated representative and beyond contractors and subcontractors as necessary. the circumstances. Instructions, procedures, which work shall not proceed without the The identification of conditions adverse to and drawings shall include appropriate consent of its designated representative, shall quality, the cause of the condition, and the quantitative or qualitative means for deter­ be indicated in appropriate documents. corrective action taken shall be documented. mining that important operations have been satisfactorily accomplished. xi. test control XVII. QUALITY ASSURANCE RECORDS VI. DOCUMENT CONTROL A test program shall be established to Records shall be maintained sufficient to assure that all required testing, including furnish documentary evidence of activities Measures shall be established to control proof testing, acceptance testing, and opera­ affecting quality for use in the management the issuance of documents, such as instruc­ tional testing, is identified and performed of the program. The records shall include, tions, procedures, and drawings, including in accordance with written test procedures but not be limited to, construction and changes thereto, which prescribe all activi­ which incorporate the requirements and operating logs, and the results of reviews, ties affecting quality. These measures shall acceptance limits contained in applicable inspections, tests, audits, monitoring of work assure, that documents, including changes, design documents. The test procedures shall performance, and materials analyses. The are reviewed for adequacy and approved for include provisions for assuring that all pre­ records shall also include closely-related data release by authorized personnel and are dis­ requisites for the given test have been met, such as qualifications of personnel, pro­ tributed to and used at the location where that adequate test instrumentation is avail­ cedures, and equipment. Inspection and test the prescribed activity is performed. Changes able and used, and that the test is performed records shall, as a minimum, identify the to documents shall be reviewed and ap­ under suitable environmental conditions. inspector or data recorder, the type of ob­ proved by the same organizations that per­ Test results shall be documented and eval­ servation, the results, the acceptability, and formed the original review and approval un­ uated to assure that test requirements have the action taken in connection with any less the applicant specifically designates been satisfied. deficiencies noted. Consistent with applicable another responsible organization. XH. CALIBRATION OF MEASUREMENT AND TEST regulatory requirements, the applicant shall vn. CONTROL OF PURCHASED MATERIAL, EQUIPMENT establish requirements concerning record e q u ipm e n t, and services retention, such as duration, location, and as­ Measures shall be established to assure signed responsibility. Measures shall be established to assure that that tools, gages, instruments, and other all purchased material, equipment, and serv­ measuring and testing devices used in activi­ XVIII. AUDITS ices, whether purchased directly or through ties affecting quality are calibrated and prop­ A comprehensive system of planned and contractors and subcontractors, conform to erly adjusted at specified periods to maintain periodic audits shall be carriea out to assure the procurement documents. These measures accuracy within necessary limits. Calibration compliance with all aspects of the quality shall include provisions, as appropriate, for shall be against certified measurement stand­ assurance program and to determine the

FEDERAL REGISTER, VOL. 34, NO. 73-—THURSDAY, APRIL 17, 1969 6602 PROPOSED RULE MAKING

effectiveness of the program. The audits shall which has no more than two signatory than 5 years. While the present order be performed in accordance with written pro­ parties to the agreement shall be re­ applies to all conferences and rate-fixing cedures or check lists by appropriately quali­ quired to file annual reports under this fied personnel not having direct responsi­ groups regardless of membership size bilities in the areas being audited. Audit section in lieu of quarterly reports. Such under the agreement, the Commission’s results shall be documented and reviewed by annual reports shall be filed by Janu­ staff has observed that enforcement of management having responsibility in the ary 31 of each year covering all shippers’ compliance with the order has little, if area audited. Followup action, including re­ requests and complaints received during any, benefit to the regulatory process in­ audit of deficient areas, shall be taken where the preceding calendar year or pending sofar as two party rate agreements are indicated. at the beginning of such calendar year. concerned. In this limited type of agree­ (Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) Interested persons may participate in ment, the most effective method of polic­ Dated at Washington, D.C., this 14th this rulemaking proceeding by filing with ing of the obligations under it is the day of April 1969. the Secretary Federal Maritime Com­ resignation or withdrawal of the dis­ mission, Washington, D.C. 20573, within satisfied party, thus resulting in termina­ For the Atomic Energy Commission. ten (10) days of publication of this tion of the agreement itself. W . B. M cC o o l , notice in the F ederal R eg ist e r , an orig­ Therefore, pursuant to section 4 of the Secretary. inal and fifteen (15) copies of their Administrative Procedure Act (5 U.S.C. [F.R. Doc. 69-4591; Filed, Apr. 16, 1969; views or comments pertaining to the 553) and sections 15, 21, and 43 of the 8:52 a.m.] proposed rule. Any suggestions for Shipping Act, 1916 (46 U.S.C. 814, 820, changes in the proposed rule should be and 841(a)), notice is hereby given that supported by statements relating the pro­ the Commission proposes to amend Part posed change to the purposes of section 528 of 46 CFR, to except all two party FEDERAL MARITIME COMMISSION 15 of the Shipping Act, 1916, and General rate-fixing agreements from all of the Order 14, of the Commission’s rules. [ 46 CFR Part 527 1 requirements of General Order 7. It is The Federal Maritime Commission, proposed that a new § 528.4 be added to [Docket No. 69-15] Office of Hearing Counsel, shall partici­ Part 528 reading as follows: SHIPPERS’ REQUESTS AND pate in the proceeding and shall file § 528.4 Two parly rate-fixing agree­ Reply to Comments within ten (10) days ments. COMPLAINTS from the final date for filing comments Any group with rate-fixing authority Proposed Reporting Requirements by serving an original and 15 copies on the Federal Maritime Commission and under an approved agreement which has Section 527.4 of General Order 14 (46 one copy to each party who filed com­ no more than two signatory parties to CFR Part 527) presently requires each ments. Answers to Hearing Counsels’ the agreement shall be excepted from all conference and each other body with replies shall be submitted to the Federal requirements of General Order 7. rate-fixing authority under an approved Maritime Commission within 10 days Interested persons may participate in agreement to file with the Commission of the final date for filing replies. this rulemaking proceeding by filing with by January 31, April 30, July 31 and By the Commission. the Secretary, Federal Maritime Com­ October 31 of each year a report cover­ mission, Washington, D.C. 20573, within ing all shippers’ requests and complaints [ s e a l ] T h o m a s L i s i , ten (10) days of publication of this no­ received during the preceding 3-month Secretary. tice in the F ederal R e g ister , an original period or pending at the beginning of [F.R. Doc. 69-4549; Filed, Apr. 16, 1969; and fifteen (15) copies of their views or such period, such report to include cer­ 8:50 a.m.] comments pertaining to the proposed tain detailed information furthef identic rule. Any suggestions for changes in the fled in paragraphs (a) to (f) of § 527.4 proposed rule should be supported by inclusive. [ 46 CFR Part 528 ] statements relating the proposed After a period of more than 3 years of [Docket No. 69-14] change to the purposes of section 15 of receipts of these reports from parties to the Shipping Act, 1916, and General Or­ rate-making agreements, it has become SELF-POLICING REQUIREMENTS der 7, of the Commission’s rules. well established that the continuation of Proposed Exclusion of Two Party The Federal Maritime Commission, the requirement of quarterly reports of Office of Hearing Counsel, shall partici­ shippers’ requests and complaints insofar Rate-Fixing Agreements pate in the proceeding and shall file reply as two party rate-fixing agreements are to comments within ten (10) days from concerned may be unnecessarily burden­ Section 528.2 of General Order 7 (46 CFR Part 528) presently requires con­ the final date for filing comments by some. The number of shippers’ requests serving an original and 15 copies on the and complaints actually processed pur­ ference agreements and other rate-fixing agreements between common carriers by Federal Maritime Commission and one suant to these two party agreements over copy to each party who filed comments. a 3-year period has been so minimal as water in the foreign and domestic off­ shore commerce of the United States, to Answers to Hearing Counsels’ replies to have little significant effect on the shall be submitted to the Federal Mari­ regulatory purposes to be served. To keep contain a provision describing the method or system used by the parties time Commission within 10 days of the the Commission informed in those in­ final date for filing replies. stances which do arise, it is proposed in policing the obligations under the that the reporting requirement be agreement, including the procedure for By the Commission. changed from quarterly to annual. handling complaints and the functions and authority of every person having re­ [ s e a l ] T h o m a s L i s i , Therefore, pursuant to section 4 of the sponsibility for administering the sys­ Secretary. Administrative Procedure Act (5 U.S.C. tem. This section also requires the filing 553) and sections 15, 21, and 43 of the [F.R. Doc. 69—4550; Filed, Apr. 16, 1969' of amendments to all agreements previ­ 8:50 a.m] Shipping Act, 1916 (46 U.S.C. 814, 820, ously approved so as to comply with these and 841(a)), notice is hereby given that requirements. the Commission proposes to amend Part [ 46 CFR Part 537 ] 527 of 46 CFR, to change the reporting Under § 528.3, all conferences and car­ requirements of General Order 14 from riers subject to the-self-policing rules [Docket No. 69-16] quarterly to annual, for all two party are required to file semiannual reports with the Commission in January and CONFERENCE AGREEMENT PROVI­ rate-fixing agreements. It is proposed SIONS RELATING TO CONCERTED that Part 527 be amended by adding at July showing the nature of each com­ the end of § 527.4 thereof the following plaint received during the preceding 6- ACTIVITIES— MINUTES sentences;. month period, the action taken, the nature of the violations found and the Proposed Exclusion of Two Party § 527.4 Reports. penalties or other sanctions imposed. Rate-Fixing Agreements * * * Any group with rate-fixing au­ The self-policing requirements of Gen­ Section 537.2 of General Order 18 (46 thority under an approved agreement eral Order 7 have been in effect for more CFR Part 537) presently requires all pro-

FEDERAL REGISTER, V O I. 34, NO. 73— THURSDAY, APRIt-17, 1969 PROPOSED RULE MAKING 6603 posed conference agreements, agree­ extensive reporting requirements are far licenses, assignments or other agree­ ments between or among conferences more cumbersome and time-consuming ments of similar character for the use of and agreements whereby the parties are both from the carrier’s standpoint and marine terminal property or facilities.) ” authorized to fix rates (except leases, the Commission’s surveillance of these Interested persons may participate in licenses, assignments, or other agree­ requirements than the ultimate regula­ this rulemaking proceeding by filing with ments of similar character for the use ‘of tory benefit sought to be achieved. All the Secretary, Federal Maritime Com­ marine terminal property or facilities) agreed rates under two party agreements mission, Washington, D.C. 20573, within to contain a provision stating the man­ will be expeditiously published in the ten (10) days of publication of this ner in which the joint business of the appropriate tariffs making it unnecessary notice in the F ederal R eg ist e r , an orig­ parties may be carried out; i.e., full con­ to require compliance with General Or­ inal and fifteen (15) copies of their views ference meetings, agents’, principals’, or der 18. or comments pertaining to the proposed owners’ meetings, telephone or oral polls, The exclusion of all two party rate- rule. Any suggestions for changes in the or through any other procedure by which fixing agreements from the application of proposed rule should be supported by the business of the joint parties may be General Order 18 can be accomplished by statements relating the proposed change conducted. inserting the words “ except two party to the purposes of section 15 of the Ship­ Under § 537.3, parties to approved con­ rate-fixing agreements and * * *” at the ping Act, 1916, and General Order 18, ferences, to joint conference agreements beginning of the parenthetical clauses of the Commission’s rules. and to other rate-fixing agreements are contained in §§ 537.2 and 537.3(a). The Federal Maritime Commission, required to file with the Commission full Therefore, pursuant to section 4 of the Office of Hearing Counsel, shall partici­ reports of all meetings describing all Administrative Procedure Act (5 U.S.C. pate in the proceeding and shall file re­ matters discussed or taken up at any such 553) and sections 15, 21, and 43 of the ply to comments within ten (10) days meetings. These reports shall also in­ Shipping Act, 1916 (46 U.S.C. 814, 820, from the final date for filing comments clude telephone or personal polls of the and 841(a) ), notice is hereby given that by serving an original and 15 copies on membership in those cases where final the Commission proposes to amend Part the Federal Maritime Commission and action is authorized by such methods. 537 of 46 CFR, to except all two party one copy to each party who filed com­ The requirements of General Order 18 rate-fixing agreements from all of the ments. Answers to Hearing Counsels’ re­ have been in effect for more than 3 years. requirements of General Order 18. It is While the present order applies to all plies shall be submitted to the Federal proposed that §§ 537.2 and 537.3(a) be conferences and rate-fixing groups re­ Maritime Commission within 10 days of amended by inserting at the beginning of gardless of membership size, it has been the final date for filing replies. each parenthetical clause therein the observed that most, if not all, two party By the Commission rate-fixing agreements rarely hold regu­ language “except two party rate-fixing lar meetings and most often agree on agreements and * * *” so that the [ s e a l ] T h o m a s L i s i , rates by telephone or oral polls. The com­ amended parenthetical clauses in both Secretary. plex provisions required in agreements sections will now read: “ (except two [P.R. Doc. 69-4551; Piled, Apr. 16, 1969; to set forth meeting procedures, and the party rate-fixing agreements and leases, 8:50 a.m.]

FEDERAL REGISTER, V O L 3 4 , NO. 73— THURSDAY, APRIL 17, 1969 6604

Notices

other procedures) will be determined classified in the Commission’s rules and INTERSTATE COMMERCE generally in accordance with the Com­ regulations governing the transporta­ mission’s General Policy Statement Con­ tion of explosives and other dangerous COMMISSION cerning Motor Carrier Licensing Proce­ articles (as adopted by the Department [Notice 1286] dures, published in the F ederal R egister of Transportation); and (b) ammuni­ issue of May 3, 1966. This assignment tion not included in classes A, B, and C MOTOR CARRIER, BROKER, WATER will- be by Commission order which will explosives, between Louisiana Ordnance CARRIER, AND FREIGHT FOR­ be served on each party of record. Plant, Doyline, La., on the one hand, WARDER APPLICATIONS The publications hereinafter set forth and, on the other, Military Installations reflect the scope of the applications as at Fort Sill and McAlester (Savanna), A p r il 1.1, 1969. filed by applicants, and may include de­ Okla. N o t e : Applicant states it does not The following applications are gov­ scriptions, restrictions, or limitations intend to tack, and is apparently willing erned by Special Buie 1.2471 of the Com­ which are not in a form acceptable to to accept a restriction against tacking if mission’s general rules of practice (49 the Commission. Authority which ulti­ warranted. If a hearing is deemed neces­ CFR, as amended), published in the mately may be granted as a result of the sary, applicant requests it be held at F ederal R egister issue of April 20, 1966, applications here noticed will not nec­ Washington, D.C. effective May 20, 1966. These rules pro­ essarily reflect the phraseology set forth No. MC 2368 (Sub-No. 22), filed vide, among other things, that a protest in the application as filed, but also will March 7, 1969. Applicant: BRALLEY- to the granting of an application must be eliminate any restrictions which are not W ILLE TT TANK LINES, INC., Post Of­ filed with the Commission within 30 days acceptable to the Commission. fice Box 495, Richmond, Va. 23204. Ap­ after date of notice of filing of the appli­ No. MC 1124 (Sub-No. 219), filed plicant’s representative: E. Stephen cation is published in« the F ederal R e g is ­ March 27, 1969. Applicant: HERRIN Heisley, Suite 705, McLachlen Building, t e r . Failure seasonably to file a protest TRANSPORTATION COMPANY, a cor­ 666 11th Street NW., Washington, D.C. will be construed as a waiver of opposi­ poration, 2301 McKinney Avenue, Hous­ 20001. Authority sought to operate as a tion and participation in the proceeding. ton, Tex. 77001. Applicant’s representa­ common carrier, by motor vehicle, over A protest under these rules should comply tive : Leroy Hallman, 4555 First National irregular routes, transporting: Com­ with § 1.247(d) (3) of the rules of practice Bank Building, Dallas, Tex. 75202. Au­ modities in bulk (except r cement, lime­ which requires that it set forth specifi­ thority sought to operate as a common stone, and limestone products, in tank cally the grounds upon which it is made, carrier, by motor vehicle, over irregular vehicles), between points in Virginia. contain a detailed statement of protes- routes, transporting: ( l ) General com­ N o t e : Applicant states it will tack with tant’s interest in the proceeding (includ­ modities, including classes A and B ex­ MC 2368 Sub 20 to enable service to ing a copy of the specific portions of its plosives (except commodities in bulk points in Pennsylvania, Virginia, Georgia, authority which protestant believes to be and household goods as defined by the South Carolina, North Carolina, Illinois, in conflict with that sought in the appli­ Commission), when moving (1) on Gov­ Tennessee, West Virginia, Virginia, cation, and describing in detail the ernment bills of lading and (2) on com­ Maryland, Delaware, Connecticut, Maine, method— whether by joinder, interline, or mercial bills of lading containing en­ Massachusetts, New Hampshire, New other means—by which protestant would dorsements approved in interpretation of York, and New Jersey. Applicant also use such authority to provide all or part Government Rate Tariff-Eastern Cen­ states that no duplicating authority is of the service proposed), and shall specify tral, 322, I.C.C. 161, 164, and 165, be­ being sought. I f a hearing is deemed with particularity the facts, matters, and tween Louisiana Ordnance Plant at Doy- necessary, applicant requests it be held things relied upon, but shall not include line, La., on the one hand, and, on the at Washington, D.C. issues or allegations phrased generally. other, Anniston Ordnance Depot, Annis­ No. MC 8973 (Sub-No. 14), filed Protests not in reasonable compliance ton, Ala.; (2) (a) classes A, B, and C ex­ March 18, 1969. Applicant: METRO­ with the requirements of the rules may be plosives, as classified in the Commission’s POLITAN TRUCKING, INC., 2424 95th rejected. The original and one copy of rules and regulations governing the Street, North Bergen, N.J. 07047. Appli­ the protest shall be filed with the Com­ transportation of explosives and other cant’s representative: George A. Olsen, mission, and a copy shall be served con­ dangerous articles (as adopted by the 69 Tonneie Avenue, Jersey City, N.J. currently upon applicant’s representa­ Department of Transportation) ; and (b) 07306. Authority sought to operate as a tive, or applicant if no representative is ammunition not included in classes A, common carrier, by motor vehicle, over named. I f the protest includes a request B, and C explosives and component parts irregular routes, transporting: (D for oral hearing, such requests shall meet of ammunition and classes A, B, and C Building materials and composition the requirements of § 1.247(d) (4) of the explosives, between Louisiana Ordnance boards, and articles used or useful in the special rules, and shall include the cer­ Plant, Doyline, La., on the one hand, and, installation thereof (except commodities tification required therein. on the other, Military Installations at in bulk), from Edgewater and Carteret, Section 1.247(f) of the Commission’s Flagstaff and Y ” ma, Anz.. and Herlong, N.J.; Philadelphia, Pittston, and Sun- rules of practice further provides that Concord (Port Chicago), Sharp General bury, Pa.; and New York, N.Y.; to points each applicant shall, if protests to its Depot, and 3tockton, Calif.; (3) (a) in Tennessee, West Virginia, Kentucky, application have been filed, and within classes A, B, and C explosives, as classi­ Mississippi, Alabama, Arkansas, Ohio, 60 days of the date of this publication, fied in the Commission’s rules and regu­ Indiana, Michigan, Illinois, and Louisi­ notify the Commission in writing (1) lations governing the transportation of ana; (2) composition boards and articles that it is ready to proceed and prosecute explosives and other dangerous articles used or useful in the installation thereof the application, or (2) that it wishes to (as adopted by the Department of Trans­ (except commodities in bulk), from De­ withdraw the application, failure in portation) ; and (b) ammunition not in­ posit, N.Y., to points in Indiana and which the application will be dismissed cluded in classes A, B, and C explosives Michigan; and (3) returned shipments by the Commission. and component parts of ammunition and of the commodities in (1) and (2) above, Further processing steps (whether classes A, B, and C explosives, between on return. Note: Applicant states it does modified procedure, oral hearing, or Louisiana Ordnance Plant, Doyline, La., not intend to tack, and is apparently willing to accept a restriction if war­ 1 Copies of Special Rule 1.247 (as amended) on the one hand, and, on the other, Red can be obtained by writing to the Secretary, River Army Depot and Lone Star Ord­ ranted. If a hearing is deemed neces­ Interstate Commerce Commission, Washing­ nance Plant Site, Defense, Tex.; and sary, applicant requests it be held at ton, D.C. 20423. (4) (a) classes A, B, and C explosives, as Washington, D.C., or New York, N.Y.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6605

No. MC 10955 (Sub-No. 12), filed TRANSPORT & TERMINAL CORPO­ Certificates, 61 M.C.C. 209 and 766 (ex­ March 26, 1969. Applicant: RENNER RATION, 445 Earlwood Avenue, Ore­ cept hides and commodities in bulk, in MOTOR LINES, INC., 622 West Water­ gon, Ohio 43616. Applicant’s representa­ tank vehicles); (1) from the plantsites loo Road, Akron, Ohio 44314. Applicant’s tive: J. A. Kundtz, 1050 Union Commerce and/or warehouse facilities of John representative: A. Charles Tell, 100 East Building', Cleveland, Ohio 44115. Author­ Morrell & Co., at or near Estherville and Broad Street, Columbus, Ohio 43215. Au­ ity sought to operate as a common car­ Ottumwa, Iowa, to points in Illinois, thority sought to operate as a common rier, by motor vehicle, over irregular Indiana, Kansas, Missouri, and Nebras­ carrier, by motor vehicle, over irregular routes, transporting: Petroleum prod­ ka; and (2) from the plantsites and/or routes, transporting: (1) Such com­ ucts, in bulk, in tank vehicles, from Raver warehouse facilities of John Morrell & modities as are manufactured, processed, Rouge, Mich., to points in New York and Co., at or near Madison and Sioux Falls, or dealt in by rubber or rubber products Pennsylvania. N o t e : Applicant states it S. Dak., and Ottumwa, Iowa, to points in manufacturers; (a) from Blaine, Ohio, does not intend to tack, and is appar­ Wisconsin. Restriction: The proposed to points in West Virginia, Pennsylvania, ently willing to accept a restriction operations to be restricted to traffic origi­ Maryland, and the District of Columbia; against tacking if warranted. Common nating at the named plantsites and (b) from points in Pennsylvania on and control and dual operations may be in­ warehouse facilities and destined to the east of a line beginning at a point on volved. If a hearing is deemed necessary, named States. N o t e : I f a hearing is Lake Erie due north of North East, Pa., applicant requests it be held at Washing­ deemed necessary, applicant requests it and extending to North East, thence ton, D.C. be held at Des Moines, Iowa. along Pennsylvania Highway 89 to Titus­ No. MC 50069 (Sub-No. 419), filed No. MC 83217 (Sub-No. 41), filed ville, Pa., thence along Pennsylvania March 26, 1969. Applicant: REFINERS March 17, 1969. Applicant: DAKOTA Highway 8 to Butler, Pa., thence along TRANSPORT & TERMINAL CORPO­ EXPRESS, INC., 1217 West Cherokee, Pennsylvania Highway 356 to junction of RATION, 445 Earlwood Avenue, Oregon, Post Office Box 1252, Sioux Falls, S. Dak. Pennsylvania Highway 66, thence along Ohio 43616. Applicant’s representa­ 57101. Applicant’s representative: Henry Pennsylvania Highway 66 to Greensburg, tive : J. A. Kundtz, 1050 Union Commerce J. Schuette (same address as applicant). Pa., and thence along U.S. Highway 119 Building, Cleveland, Ohio 44115. Author­ Authority sought to operate as a common to the Pennsylvania-West Virginia line, ity sought to operate as a common car­ carrier, by motor vehicle, over irregular to Blaine, Ohio; (2) rubber tires and rier, by motor vehicle, over irregular routes, transporting: Meat, meat prod­ tubes from points in West Virginia, routes, transporting: Liquid petroleum ucts, meat byproducts, and articles dis­ Maryland, Pennsylvania, and the Dis­ oils, in bulk, in tank vehicles, from tributed by meat packinghouses as trict of Columbia, to Blaine, Ohio; (3) Niagara Falls, N.Y., to points in Alle­ described in section A, B, and C of ap­ molds, machinery, and fabric used in the gheny, Beaver, Butler, McKean, and pendix I to the report in Descriptions in manufacture of rubber products from Venaga Counties, Pa. N o t e : Applicant Motor Carriers Certificates, 61 M.C.C. Cumberland, Md., to Blaine, Ohio; (4) states it does not intend to tack, and is 209 and 766; (1) from the plantsite and/ general commodities (except those of apparently willing to accept a restriction or warehouse facilities of John Morrell & unusual value, classes A and B explo­ against tacking if warranted. Common Co. located at or near Estherville, Iowa, sives, household goods as defined by the control and dual operations may be in­ to points in Illinois, Indiana, Nebraska, Commission, commodities in bulk, and volved. If a hearing is deemed necessary, Minnesota, Missouri, Kansas, South Da­ those requiring special equipment), be­ applicant requests it be held at Wash­ kota, Connecticut, Delaware, Maine, tween Blaine, Ohio, on the one hand, ington, D.C. Maryland, Massachusetts, Michigan, New and, on the other, points in Ohio. N o t e : No. MC 59120 (Sub-No. 33), filed Hampshire, New Jersey, New York, Ohio, Applicant states it intends to tack the March 3, 1969. Applicant: EAZOR EX­ Pennsylvania, Rhode Island, Vermont, authority sought in (1), (2), and (3) with PRESS, INC., Eazor Square, Pittsburgh, Virginia, West Virginia, and the District the authority sought in (4). Applicant Pa. 15201. Applicant’s representative: of Columbia; (2) from the plantsite and/ further states it presently is authorized David Axelrod, 39 South La Salle Street, or warehouse facilities of John Morrell & to provide all of the service sought herein Chicago, 111. 60603. Authority sought to Co. located at or near Ottumwa, Iowa, to under its certificates in Docket No. MC operate as a common carrier, by motor points in Minnesota, Illinois, Indiana, 10955, MC 10955 Sub 3, MC 10955 Sub 6, vehicle, over regular routes, transport­ Nebraska, Missouri, Wisconsin, Kansas, MC 10955 Sub 7, and MC 10955 Sub 11, ing: General commodities (except those South Dakota, Connecticut, Delaware, via a gateway at Akron, Ohio. The pur­ of unusual value, classes A and B explo­ Maine, Maryland, Massachusetts, Mich­ pose of this application is to obtain an sives, household goods as defined by the igan, New Hampshire, New Jersey, New alternate gateway at Blaine, Ohio. I f Commission, commodities in bulk, com­ York, Ohio, Rhode Island, Vermont, Vir­ a hearing is deemed necessary, applicant modities requiring special equipment, and ginia, West Virginia, and the District of requests it be held at Columbus or those injurious or contaminating to other Columbia; (3) from the plantsite and/or Cleveland, Ohio. lading), serving the plantsite of The In­ warehouse facilities of John Morrell & ■ No. MC 29867 (Sub-No. 11), filed ternational Nickel Co., Inc., Huntington Co. located at or near Sioux Falls, S. Dak., March 3, 1969. Applicant: NORWICH Alloy Products Division, located in Boyd to points in Nebraska, Indiana, Wiscon­ TRUCKING COMPANY, INC., Box 347, County, Ky., on U.S. Highway 23 (ap­ sin, Missouri, Kansas, and Iowa; and (4) Norwich, N.Y. 13815. Applicant’s repre­ proximately 11 miles south of Catletts- from the plantsite and/or warehouse fa ­ sentative: Martin Werner, 2 West 45th burg, K y.), as an off-route point in con­ cilities of John Morrell & Co. located at Street, New York, N.Y. 10036. Authority nection with applicant’s authorized reg­ or near Madison, S. Dak., to points in sought to operate as a contract carrier, ular-route operations to and from Hunt­ Illinois, Missouri, Kansas, Minnesota, Nebraska, Indiana, Wisconsin, and Iowa. by motor vehicle, over irregular routes, ington, W . Va. N o t e : If a hearing is transporting: Such commodities as are deemed necessary, applicant requests it Restriction: The authority sought is to Manufactured or distributed by a manu­ be held at Chicago, 111. be restricted to the transportation of the facturer or distributor of drugs, medi­ commodities named originating at the No. MC 59367 (Sub-No. 65), filed plantsites and/or warehouse of John cines, toilet preparations, and cleaning March 20, 1969. Applicant: DECKER compounds (except in bulk, in tank vehi­ Morrell & Co. located at or near Ottumwa, TRUCK LINE, INC., Post Office Box 915, Iowa, Estherville, Iowa, Sioux Falls, cles) , between Norwich, N.Y., on the one Fort Dodge, Iowa 50501. Applicant’s rep­ ^ , a n d , on the other, East Syracuse S. Dak., and Madison, S. Dak., and resentative: William A. Landau, 1451 destined to points iii the States named. and Syracuse, N.Y., limited to traffic East Grand Avenue, Des Moines, Iowa naving a prior or subsequent movement N o t e : If a hearing is deemed necessary, 50306. Authority sought to operate as a applicant does not specify a location. by rail; under contract with Norwich common carrier, by motor vehicle, over narmacal Co. N o t e : I f a hearing is irregular routes, transporting: Meats, No. MC 83539 (Sub-No. 245), filed necessary, applicant requests it meat products, meat byproducts, dairy March 24, 1969. Applicant: C & H held at Syracuse or New York, N.Y., products, and articles distributed by TRANSPORTATION CO., INC., 1935 or Washington, D.C. meat packinghouse, as described in sec­ West Commerce Street, Dallas, Tex. No MC 50069 (Sub-No. 418), filed tions A, B, and C of appendix I to the 75222. Applicant’s representatives: J. P. arch 26, 1969.' Applicant: REFINERS report in Descriptions in Motor Carrier Welsh, Post Office Box 5976, Dallas, Tex.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 No. 73------S 6606 NOTICES

75222, and W. T. Brunson, 419 Northwest hold goods as defined by the Commis­ sentative: Morton E. Kiel, 140 Cedar Sixth Street, Oklahoma City, Okla. 73102. sion, commodities in bulk, and those re­ Street, New York, N.Y. 10006. Authority Authority sought to operate as a common quiring special equipment), between sought to operate as a common carrier, carrier, by motor vehicle, over irregular points in the Amarillo, Tex., commercial by motor vehicle, over irregular routes! routes, transporting: (1) Low speed zone and Keys, Okla., from Amarillo over transporting: Dry ammonium nitrate, in motor vehicles not suitable for general U.S. Highway 287 to junction U.S. High­ bulk, from Reynolds, Pa., to points within highway transportation; and (2) acces­ way 56, thence over U.S. Highway 56 to 5 miles of Marbletown, N.Y. Note: Ap­ sories, attachments, and parts when Keys, and return over the same route, plicant holds contract carrier authority moving in connection therewith, from serving all intermediate points, and the under MC 125709, therefore, dual opera­ the plantsite of Ottowa Steel Products, off-route points of Channing, Hartley, tions may be involved. Applicant states Ottowa, Kans., to points in the United Dalhart, Colen, and the Bureau of Mines it does not intend to tack, and is ap­ States (except Alaska, Hawaii, and Kan­ Keys Helium Plant, Okla. N ote : If a parently willing to accept a restriction sas) . N ote : If a hearing is deemed neces­ hearing is deemed necessary, applicant against tacking if warranted. If a hear­ sary, applicant requests it be held at requests it be held at Amarillo or Dallas, ing is deemed necessary, applicant re­ Dallas, Tex., or Kansas City. Mo. Tex. quests it be held at New York, N.Y., or No. MC 94350 (Sub-No. 206) (Amend­ No. MC 99090 (Sub-No. 8), filed Washington, D.C. ment) , filed December 2, 1968, published March 17, 1969. Applicant: YATES No. MC 104004 (Sub-No. 180), filed in the F ederal R eg ister issue of Decem­ TRUCK LINES, INC., Maud, Ky. 40042. March 24, 1969. Applicant: ASSOCI­ ber 28,1968, and republished as amended Applicant’s representative: Louis J. ATED TRANSPORT, INC., 380 Madison this issue. Applicant: TRANSIT Amato, Post Office Box E, Bowling Green, Avenue, New York, N.Y. 10017. Appli­ HOMES, INC., Haywood Road at Tran­ Ky. 42101. Authority sought to operate cant’s representative: John P. Tynan, sit Drive, Post Office Box 1628, Green­ as a common carrier, by motor vehicle, 69 20 Fresh Pond Road, Ridgewood’, ville, S.C. 29602. Applicant’s represent­ over irregular routes, transporting: (1) N.Y. 11227. Authority sought to operate ative: Mitchell King, Jr., Post Office Box Rigid polyvinyl chloride pipe, between as a common carrier, by motor vehicle, 1628, Greenville, S.C. 29602. Authority the plantsite of Universal Pipe and over regular routes, transporting: Gen­ sought to operate as a common carrier, Plastic, Inc., near Springfield, Ky., on eral commodities (except those of un­ by motor vehicle, over irregular routes, the one hand, and, on the other, points usual value, classes A and B explosives, transporting: Trailers designed to be in Alaska; (2) materials, equipment, household goods as defined by the Com­ drawn by passenger automobiles, in ini­ and supplies used in the manufacture of mission, commodities in bulk and those tial movements, in truckaway service, rigid polyvinyl chloride pipe, between injurious or contaminating to other lad­ and portable buildings, in sections, trav­ points in the United States, except ing), serving the Sequoyah Nuclear eling on their own or removable under­ Hawaii and Alaska, on the one hand, Power Plant of the Tennessee Valley Au­ carriages, with hitchball connector, from and, on the other, the site of the plant thority near Daisy, Tenn., as an off- points in Marion County, Oreg., to points of Universal Pipe and Plastic, Inc., near route point in connection with appli­ in the United States on and west of a Springfield, Ky. N o t e : Applicant states cant’s regular route operations to and line beginning at the mouth of the Mis­ it does not intend to tack, and is appar­ from Chattanooga, Tenn. If a hearing sissippi River, and extending along the ently willing to accept a restriction is deemed necessary, applicant requests Mississippi River to its junction with the against tacking, if warranted. If a hear­ it be held at Chattanooga or Nashville, western boundary of Itasca County, ing is deemed necessary, applicant re­ Tenn. Minn., thence northward along the west­ quests it be held at Louisville, Ky. No. MC 106274 (Sub-No. 10), filed ern boundaries of Itasca and Koochi­ No. MC 100666 (Sub-No. 134), filed March 26, 1969. Applicant: RAEFORD ching Counties, Minn., to the interna­ March 17, 1969. Applicant: MELTON TRUCKING COMPANY, a corporation, tional boundary line between the United TRUCK LINES, INC., Post Office Box Landis Street, Sanford, N.C. 27330. Ap­ States and Canada (excluding Hawaii). 7666, Shreveport, La. 71107. Applicant’s plicant’s representative: Vaughn S. Win- N o t e : This republication is for the pur­ representative: Wilbum L. Williamson, borne, 1108 Capital Club Building, Ra­ pose of reflecting an addition to the com­ 600 Leininger Building, Oklahoma City, leigh, N.C. 27601. Authority sought to modity description. I f a hearing is Okla. 71112. Authority sought to operate operate as a common carrier, by motor deemed necessary, application requests as a common carrier, by motor vehicle, vehicle, over irregular routes, transport­ it be held at Portland, Oreg. over irregular routes, transporting: (1) ing: ( l ) Fencing, wooden, in sections, No. MC 97357 (Sub-No. 26), filed Paper and paper products, products pro­ fence pickets, wooden; poles, wooden; March 24, 1969. Applicant: ALLYN duced and distributed by manufacturers posts, wooden; lumber (except plywood TRANSPORTATION COMPANY, a cor­ and converters of paper and paper prod­ and veneer); prefabricated wooden prod­ poration, 14011 South Central Avenue, ucts, and (2) materials and supplies used ucts; treated or not treated, from points Los Angeles, Calif. 90059. Applicant’s in the manufacture and distribution of in Chatham, Cumberland, Hoke, and representative: Charles T. Schneider the commodities described in (1) above Lee Counties, N.C., to points in Connect­ (same address as above). Authority (except commodities in bulk, and com­ icut, Delaware, Massachusetts, Mary­ sought to operate as a common carrier, modities which because of size or weight land, New Jersey, New York, Ohio, Penn­ by motor vehicle, over irregular routes, require the use of special equipment), sylvania, Rhode Island, Virginia, West transporting: Molten sulfur, in bulk, in (a) between points in Little River Virginia, and the District of Columbia; tank vehicles, from points in Los Ange­ County, Ark., on the one hand, and, on and (2) lumber, preengineered struc­ tural products, laminated or not lami­ les County, Calif., to Yuma, Ariz. N o t e : the other, points in Arizona, Califor­ nated, treated or not treated, including Applicant states it does not intend to nia, Idaho, Montana, Nevada, Oregon, tack, and is apparently willing to accept hardware necessary for erection; roof Utah, Washington, and Wyoming, and decking, laminated or not laminated, a restriction against tacking, if war­ (b) between points in Portage and Wood ranted. If a hearing is deemed necessary, treated or not treated; prefabricated or Counties, Wis., on the one hand, and, on machined wooden products, laminated applicant requests it be held at Los An­ the other, points in Arizona, California, geles or San Francisco, Calif. or not laminated, treated or not treated; Colorado, Idaho, Montana, Nevada, New boat docks, from points in Wake County, No. MC 98945 (Sub-No. 7), filed Mexico, Oregon, Utah, Washington, and N.C., to points in Connecticut, Dela­ March 24, 1969. Applicant: THOMAS Wyoming. N o t e : Applicant states it does ware, Maine, Massachusetts, Maryland, CARTAGE, INC., 301 North Wilson not intend to tack, and is apparently Michigan, New Jersey, New York, Ohio, Street, Amarillo, Tex. Applicant’s repre­ willing to accept a restriction against Pennsylvania, Rhode Island, Virginia, sentative: Leroy Hallman, 4555 First tacking if warranted. I f a hearing is West Virginia, and the District of Co­ National Bank Building, Dallas, Tex. deemed necessary, applicant requests it lumbia. N ote : Applicant indicates tack­ 75202. Authority sought to operate as a be held at Little Rock, Ark. ing at Raeford, N.C., with its present au­ common carrier, by motor vehicle, over No. MC 103490 (Sub-No. 64), filed thority to serve points in Calhoun, regular routes, transporting: General April 1, 1969. Applicant: PROVAN Charleston, Cherokee, Chester, Chester­ commodities (except those of unusual TRANSPORT CORP., 210 Mill Street, field, Berkeley, Clarendon, Darlington, value, classes A and B explosives, house­ Newburgh, N.Y. 12550. Applicant’s repre­ Dillon, Dorchester, Fairfield, Florence,

FEDERAL REGISTER, V O L 34, NO. 73— THURSDAY, APRIL 17, 19$9 NOTICES 6607

Georgetown, Greenville, Greenwood, ate as a common carrier, by motor vehi­ necticut, Pennsylvania (except points in Horry, Kershaw, Lancaster, Laurens, cle, over irregular routes, transporting: Allegheny, Berk, Dauphin, Erie, Indiana, j,ee, Lexington, Marion, Marlboro, New­ Fertilizer solutions, in bulk, from Parma, Lackawanna, Lancaster, Lebanon, Le­ berry, Oconee, Orangeburg, Pickens, Mo., to points in Arkansas, Illinois, Ken­ high, Luzerne, Northampton, and York Rjchland, Saluda, Spartanburg, Sumter, tucky, Missouri, and Tennessee. N o t e : Counties), the lower Peninsula of Michi­ Union, Williamsburg, and York Counties, Applicant states it does not intend to gan (except Sturgis and Kalamazoo), S.C. N ote : If a hearing is deemed neces­ tack, and is apparently willing to accept and Indiana (except Angola and those sary, applicant requests it be held at a restriction against tacking if war­ Indiana points in the Chicago commer­ Raleigh or Charlotte, N.C., or Washing­ ranted. I f a hearing is deemed necessary, cial zone). N o t e : Applicant states it does ton, D.C. applicant requests it be held at Des not intend to tack, and is apparently No. MC 107295 (Sub-No. 188), filed Moines, Iowa, or Memphis, Term. willing to accept a restriction against March 24, 1969. Applicant: PRE-FAB No. MC 107558 (Sub-No. 11), filed tacking if warranted. The purpose of this TRANSIT CO., a corporation, 100 South March 27, 1969. Applicant: ARROW republication is to show the word Sturgis Main Street, Farmer City, 111. 61842. TRANSPORTATION CO., INC., 485 in lieu of Sturgin in the exceptions to Applicant’s representative: Mack Steph­ Prospect Street, Pawtucket, R.I. 02904. the Michigan traffic. I f a hearing is enson, 301 Building, 301 North Second Applicant’s representative: Francis E. deemed necessary, applicant requests it Street, Springfield, 111. 62702. Authority Barrett, Jr., 536 Granite Street, Brain­ be held at Washington, D.C. sought to operate as a common carrier, tree, Mass. 02184. Authority sought to No. MC 110525 (Sub-No. 901), filed by motor vehicle, over irregular routes, operate as a common carrier, by motor March 26, 1969. Applicant: CHEMICAL transporting: Lumber and lumber prod­ vehicle, over irregular routes, transport­ LEAMAN TANK LINES, INC., 520 East ucts; (1) -between Baltimore, Md., and ing: General commodities (except those Lancaster Avenue, Downingtown, Pa. points in the United States (except of unusual value, classes A and B ex­ 19335. Applicant’s representatives: Ed­ Alaska, Hawaii, and M aryland); and (2) plosives, household goods as defined win H. van Deusen (same address as ap­ from Pittsfield, Mass., Cortland, N.Y., by the Commission, commodities in plicant) and Leonard A. Jaskiewicz, Jerome, Pa., Kenova, W. Va., and Brook­ bulk, and commodities requiring spe­ Madison Building, 1155 15th Street NW „ lyn, N.Y., to points in the United States cial equipment), between New York, Washington, D.C. 20005. Authority (except Alaska and Hawaii). N o t e : Ap­ N.Y., on the one hand, and, on the sought to operate as a common carrier, plicant states it will tack with its MC other, points in Nassau and Suffolk by motor vehicle, over irregular routes, 107295 where feasible. If a hearing is Counties, N.Y., restricted to traffic transporting : Process clay, in bulk, from deemed necessary, applicant requests it originating, destined or interlined to, Paulsboro, N.J., to Philadelphia, Pa., and be held at Washington, D.C. from or at points in Massachusetts, and points in Delaware, Michigan, and Ohio. No. MC 107295 (Sub-No. 189), filed Rhode Island that applicant is authorized N ote : Applicant states it does not intend March 27, 1969. Applicant: PRE-FAB to service. N o t e : Applicant states that to tack, and is apparently willing to ac­ TRANSIT CO., a corporation, 100 South the authority sought will be tacked at cept a restriction against tacking if war­ Main Street, Farmer City, 111. 61842. Ap­ New York, N.Y., to provide a through ranted. If a hearing is deemed necessary, plicant’s representatives: Mack Ste­ service between points in the territory applicant requests it be held at Washing­ phenson, 301 Building, 301 North Second sought herein and points in Massachu­ ton, D.C. Street, Springfield, HI. 62702, and Dale setts and Rhode Island that applicant is No. MC 110729 (Sub-No. 4), filed L. Cox, Post Office Box 146, Farmer City, authorized to serve. I f a hearing is March 26, 1969, Applicant: MICHAEL 111. 61842. Authority sought to operate deemed necessary, applicant requests it ZALUZNY, Pond Road, Vernon, Vt. as a common, carrier, by motor vehicle, be held at Providence, R.I., or Boston, 05354. Applicant’s representative: David over irregular routes, transporting: I^Esiss M. Marshall, 135 State Street, Suite 200, Hardwood flooring and accessories, from No.' MC 107839 (Sub-No. 134), filed Springfield, Mass. 01103. Authority Dollar Bay, Mich., to points in Pennsyl­ March 24, 1969. Applicant: DENVER- sought to operate as a common carrier, vania, New Jersey, Virginia, New York, ALBUQUERQUE MOTOR TRANS­ by motor vehicle, over irregular routes, Maryland, Delaware, North Carolina, PORT, INC., 4985 York Street, Denver, transporting: Fertilizer and fertilizer South Carolina, Georgia, and Florida. Colo. 80216. Applicant’s representative: materials, in bags and bulk, from Albany, Note: Applicant states it intends to tack Rodger Spahr (same address as appli­ N. Y., to points in Vermont and New with MC 109275 where feasible. I f a cant) . Authority sought to operate as a hearing is deemed necessary, applicant Hampshire and Massachusetts and re­ common carrier, by motor vehicle, over jected and damaged shipments, on re­ requests it be held at Chicago, 111., or irregular routes, transporting: Meats, Madison, Wis. turn. N o t e : Applicant states it does not ■meat products, meat byproducts and ar­ intend to tack, and is apparently willing No. MC 107295 (Sub-No. 190), filed ticles distributed by meat packinghouses, to accept a restriction against tacking, if March 27. 1969. Applicant: PRE-FAB as described in sections A and C of appen­ warranted. I f a hearing is deemed nec­ TRANSIT CO., a corporation, 100 South dix I, to the report in Descriptions in Mo­ essary, applicant requests it be held at Mam Street, Farmer City, 111. 61842. tor Carrier Certificates, 61 M.C.C. 209 and Albany, N.Y.; Springfield, Mass.; or Applicant’s representatives: Dale L. Cox, 766, from Clovis, N. Mex., to points in Hartford, Conn. Ri°oi ^ ® ce Box 146, Farmer City, 111, Alabama, Florida, Georgia, Mississippi, No. MC 111302 (Sub-No. 51), filed 61842 and Mack Stephenson, 301 Build- North Carolina, South Carolina, and Second Street, Springfield, March 24, 1969. Applicant: HIGHWAY Tennessee. N o te : Applicant states it does TRANSPORT, INC., Post Office Box 79, hi. 62702. Authority sought to operate as not intend to tack, and is apparently will­ Powell, Tenn. 37849. Applicant’s repre­ a common carrier, by motor vehicle, over ing to accept a restriction against tack­ irregular routes, transporting: Portable sentative: Paul E. Weaver, 1120 West ing if warranted. I f a hearing is deemed Griffin Road, Lakeland, Fla. 33801. Au­ ouiidings, and prefabricated greenhouses, necessary, applicant does not specify a thority sought to operate as a common tt^w1 Phoenix> Ariz., to points in the location. united States (except Alaska a n d carrier, by motor vehicle, over irregular No. MC 110193 (Sub-No. 166) (Correc­ routes, transporting : Chemicals, In bulk, fiawan). N o t e : Applicant states it in- tion), filed February 24, 1969, published from Tampa, Fla., to points in Alabama, nas to tack with its presently held F ederal R egister issue of March 20, Florida, Georgia, Mississippi, North authority where feasible. I f a hearing is 1969, and republished as corrected this necessary, applicant requests it issue. Applicant: SAFEWAY TRUCK Carolina, South Carolina, Tennessee, and to Charleston, W. Va., Taft, La., and be held at Phoenix, Ariz. LINES, INC., 20450 Ireland Road, Post Texas City, Tex. N o t e : Applicant states No MC 107496 (Sub-No. 719), filed Office Box 2628, South Bend, Ind. 46613. it does not intend to tack, and is ap­ TPAMon21, 1969- Applicant: RUAN Applicant’s representative: William J. IRANSPORT CORPORATION, Keosau- Monheim (same address as above). Au­ parently willing to accept a restriction against tacking if warranted. I f a hear­ Way at Third, Post Office Box 855, thority sought to operate as a common r_„iur°l?es’ IoVa 50304. Applicant’s rep- carrier, by motor vehicle, over irregular, ing is deemed necessary, applicant re­ J^tative: H. L. Fabritz (same address routes, transporting: Printing paper, quests it be held at Tampa, Fla., or applicant). Authority sought to oper­ from Glens Falls, N.Y., to points in Con­ Washington, D.C.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6608 NOTICES

No. MC 113459 (Sub-No. 51), filed S.C., Charlotte, N.C., or Strongsville, Old Hickory, Tenn., to points in Tran­ March 26, 1969. Applicant: H. J. JEF­ Ohio. sylvania County, N.C. N o t e : Applicant FRIES TRUCK LINE, INC., Post Office No. MC 116273 (Sub-No. 114) (Correc­ states it could join at points in Transyl­ Box 94850, Oklahoma City, Okla. 73109. tion), filed March 10, 1969, published vania County, N.C., to serve points in Applicant’s representative: James W. in the F ederal R egister issue of April 4, Virginia, South Carolina, and Georgia. Hightower, 136 Wynnewood Professional 1969, under No. MC 116773 (Sub-No. I f a hearing is deemed necessary, appli­ Building, Dallas, Tex. 75224. Authority 114), and republished, in part, as cor­ cant requests it be held at Washington, sought to operate as a common carrier, rected, this issue. Applicant: D & L D.C., Raleigh, N.C., or Nashville, Tenn. by motor vehicle, over irregular routes, TRANSPORT, INC., 3800 South Laramie No. MC 119531 (Sub-No. 113), filed transporting: (1) Commodities which Avenue, Cicero, 111. 60650. Applicant’s March 24, 1969. Applicant: DIECK- require the use of special equipment or representative: William R. Lavery (same BRADER EXPRESS, INC., 5391 Wooster special handling by reason of size or address as applicant). This partial repub­ Road, Cincinnati, Ohio 45226. Applicant’s weight; and (2) ordnance equipment, lication is for the purpose of reflecting representative: Charles W. Singer, 33 materials, and supplies, and quarter­ the correct number as MC 116273 (Sub- North Dearborn Street, Suite 1625, Chi­ master supplies (except household goods No. 114), in lieu of MC 116773 (Sub-No. cago, 111. 60602. Authority sought to oper­ and commodities in bulk), (a) between 114), as previously published. The rest ate as a common carrier, by motor vehi­ military installations or Defense Depart­ of the application remains as previously cle, over irregular routes, transporting: ment establishments in the United States published. Plastic containers and accessories there­ (except H aw aii); and (b) between points No. MC 117815 (Sub-No. 143) (Amend­ for, from Gurnee, 111., to points in Indi­ in (a) above on the one hand, and, on ment) , filed March 10, 1969, published in ana, Kentucky, Michigan, Ohio, and the other, points in the United States the F ederal R eg ister issue of April 4, Wisconsin. N o t e : Applicant indicates (except Hawaii). N o t e : Applicant states 1969, and republished as amended this tacking possibilities with its Sub 28 at it seeks no duplicating authority. Appli­ issue.7 Applicant: PULLEY FREIGHT Massillon, Ohio, to serve points in Penn­ cant further states it does not intend to LINES, INC., 405 Southeast 20th Street, sylvania. I f a hearing is deemed neces­ tack, and is apparently willing to accept Des Moines, Iowa 50317. Applicant’s rep­ sary, applicant requests it be held at a restriction against tacking if war­ resentative: William A. Landau, 1451 Chicago, 111., o r Columbus, Ohio. ranted. I f a hearing is deemed neces­ East Grand Avenue, Des Moines, Iowa No. MC 119567 (Sub-No. 7), filed sary, applicant requests it be held at 50306. Authority sought to operate as a March 24, 1969. Applicant: F. H. MC­ Washington, D.C. common carrier, by motor vehicle, over CLURE AND R. V. ESTELL, doing busi­ No. MC 113678 (Sub-No. 344), filed irregular routes, transporting: Food­ ness as EMPIRE TRANSPORT, 2007 March 17, 1969. Applicant: CURTIS, stuffs, between Champaign, HI., on the Overland Road, Boise, Idaho 83705. Ap­ INC., 770 East 51st Avenue, Denver, Colo. one hand, and, on the other, points in plicant’s representative: Kenneth G. 80216. A p p lic a n t’ s representatives: Iowa, restricted to the transportation of Bergquist, Post Office Box 1775, Boise, Duane W. Acklie and Richard Peterson, traffic originating at or destined to Idaho. Authority sought to operate as a Post Office Box 806, Lincoln, Nebr. Champaign, HI. N o te : This republication common carrier, by motor vehicle, over 68501. Authority sought to operate as a is for the purpose of changing the terri­ irregular routes, transporting: (1) Ce­ common carrier, by motor vehicle, over torial scope of the application. If a hear­ ment, from points in Ada and Elmore irregular routes, transporting: Meats, ing is deemed necessary, applicant Counties, Idaho, to points in Nevada on meat products, meat byproducts and requests it be held at Chicago, HI. and north of U.S. Highway 40 (except articles distributed by meat packing­ No. MC 117815 (Sub-No. 145), filed points in Washoe County, Nev.); (2) houses, from the plantsite and/or Ware­ March 26, 1969. Applicant: PULLEY concrete tanks, from Boise, Idaho, to house facilities of Swift & Co., at or near FREIGHT LINES, INC., 405 Southeast points in Churchill, Elko, Eureka, Hum­ Scottsbluff, Nebr., to points in Kentucky, 20th Street, Des Moines, Iowa 50317. boldt, Lander, Lyon, Mineral, and Maine, New Hampshire, Vermont, New Applicant’s representative: William A. Pershing Counties, Nev.; (3) sand, from York, Massachusetts, Rhode Island, Landau, 1451 East Grand Avenue, Des points in Ada, Boise, and Gem Counties, Connecticut, Pennsylvania, New Jersey, Moines, Iowa 50306. Authority sought to Idaho, to points in Nevada; and (4) steel Delaware, Maryland, Virginia, West operate as a common carrier, by motor tanks, pipe, and fabricated steel prod­ Virginia, and the District of Columbia. vehicle, over irregular routes, transport­ ucts, from Boise, Idaho, to points in N o t e : I f a hearing is deemed necessary, ing: Meats, meat productsmeat by­ Churchill, Elko, Humboldt, Lander, applicant requests it be held at Minne­ products, and articles distributed by meat Pershing,- Washoe, and White Pine apolis, Minn. packinghouses, as described in sections Counties, Nev.; also to points in Oregon No. MC 114552 (Sub-No. 38), filed A and C of appendix I to the report in on U.S. Highway 95. Note: Applicant March 18, 1969. Applicant: SENN Descriptions in Motor Carrier Certifi­ states it does not intend to tack, and is TRUCKING COMPANY, a corporation, cates, 61 M.C.C. 209 and 766 (except hides apparently willing to accept a restriction Post Office Box 333, Newberry, S.C. and commodities in bulk), from the against tacking if warranted. If a hear­ 29108. Applicant’s representative: Frank plantsite and storage facilities utilized by ing is deeemed necessary, applicant re­ A. Graham, Jr., 707 Security Federal Swift & Co., at or near Glenwood, Iowa, quests it be held at Boise, Idaho. Building, Columbia, S.C. 29201. Authority to points in Illinois, Indiana, Iowa, No. MC 119765 (Sub-No. 16), filed sought to operate as a common carrier, Michigan, Minnesota, and Wisconsin, re­ March 24, 1969. Applicant: HENRY G. by motor vehicle, over irregular routes, stricted to traffic originating at the NELSEN, INC., 1548 Locust Street, transporting: Pallets, (1) from points in named origins. N o t e : Applicant states it Avoca, Iowa. Applicant’s representative: Tucker County, W. Va., to points in does not intend to tack, and is appar-. Joseph M. Scanlan, 111 West Washing­ Connecticut, Delaware, Illinois, Indiana, ently willing to accept a restriction ton Street, Chicago, 111. 60602. Authority Kentucky, Maine, Maryland, Massachu­ against tacking if warranted. I f a hear­ sought to operate as a common carrier, setts, Michigan, New Hampshire, New ing is deemed necessary, applicant re­ by motor vehicle, over irregular routes, Jersey, New York, North Carolina, Ohio, quests it be held at Des Moines, Iowa. transporting: Meat, meat products, meat Pennsylvania, Rhode Island, South Caro­ No. MC 118831 (Sub-No. 62), filed byproducts, and articles distributed by lina, Tennessee, Vermont, Virginia, West March 25, 1969. Applicant: CENTRAL meat packinghouses, from the plant or Virginia, and the District of Columbia, TRANSPORT, INCORPORATED, warehouse facilities of Swift & Co. lo­ and (2) from Strongsville, Ohio, to points Uwharrie Road, Post Office Box 5044, cated in Glenwood, Iowa, to points m in Illinois, Indiana, Michigan, New York, High Point, N.C. 27262. Applicant’s rep­ Kansas, Nebraska, Illinois, Indiana, and Ohio, Pennsylvania, and West Virginia. resentative: E. Stephen Heisley, Suite Wisconsin. N ote : Applicant states it 705, McLachlen Bank Building, 666 11th does not intend to tack, and is appar­ N o te : Applicant states it does not intend ently willing to accept a restriction to tack, and is apparently willing to ac­ Street NW., Washington, D.C. Author­ ity sought to operate as a common car­ against tacking if warranted. If a hear­ cept a restriction against tacking if war­ rier, by motor vehicle, over irregular ing is deemed necessary, applicant re­ ranted. If a hearing is deemed necessary, routes, transporting: Dimethyl tereph- quests it be held at Chicago, 111., Sioux applicant requests it be held at Columbia, thalete, in bulk, in tank vehicles, from City, Iowa, or Washington, D.C.

FEDERAL REGISTER, i(OL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6609

No. MC 119777 (Sub-No. 146), filed lizer, in bulk or in bags, from Hance- 19335. Applicant’s representatives: Ed­ March 21, 1969. Applicant: LIGON ville, Ala., to points in that part of win H. van Deusen (same address as ap­ SPECIALIZED HAULER, INC., Post Of­ Georgia on and north of the south and plicant) , and Leonard A. Jaskiewicz, fice Drawer L, Madisonville, Ky. 42431. east line of Troup, Coweta, Spalding, Madison Building, 1155 15th Street NW., Applicant’s representative: Louis J. Butts, Jasper, and Putnam Counties, and Washington, D.C. 20005. Authority Amato, Post Office Box E, Bowling Green, on and west of U.S. Highway 441; and sought to operate as a common carrier, Ky. 42101. Authority sought to operate points in Knox, Blount, Sevier, and An­ by motor vehicle, over irregular routes, as a common carrier, by motor vehicle, derson Counties, Tenn.; and (2) ferti­ transporting: Chemicals, in bulk, from over irregular routes, transporting: Pal­ lizer and fertilizer. materials, in bags Tampa, Fla., to points in Alabama, lets, skids, boxes, bases, crating, veneer, and in bulk, from Tyner, Tenn., to points Georgia, Florida, Mississippi, North Car­ baskets, oak treads, oak risers, oak sills, in Alabama, under a continuing con­ olina, South Carolina, Tennessee, oak moldings, cardboard cartons, nails, tract, or contracts, with Cotton Pro­ Charleston, W. Va., Taft, La., and Texas and lumber, from Belle Plaine, Iowa, to ducers Association of Atlanta, Ga., and City, Tex. N o te : Applicant states it does points in North Dakota, South Dakota, its affiliates. N o t e : This republication is not intend to tack, and is apparently Nebraska, Kansas, Oklahoma, Minne­ for the purpose of showing the origin willing to accept a restriction against sota, Iowa, Missouri, Wisconsin, Illinois, as Tyner, Tex., in lieu of Tyler, Tex., as tacking if warranted. I f a hearing is Michigan, Indiana, and Ohio. No ie : Ap­ previously published. I f a hearing is deemed necessary, applicant requests it plicant holds contract carrier authority deemed necessary, applicant requests it be held at Tampa, Fla., or Washington, under docket No. MC 126970 Sub 1 and be held at Atlanta, Ga. D.C. Sub 3, therefore, dual operations may be No. MC 119974 (Sub-No. 25), filed No. MC 118989 (Sub-No. 28), filed involved. Applicant states it does not in­ March 21, 1969. Applicant: L. C. L. March 19,1969. Applicant: CONTAINER tend to tack, and is apparently willing TR AN SIT COMPANY, a corporation, 520 TRANSIT, INC., 5223 South Ninth to accept a restriction against tacking North Roosevelt Street, Post Office Box Street, Milwaukee, Wis. 53221. Appli­ if warranted. I f a hearing is deemed nec­ 949, Green Bay, Wis. 54305. Applicant’s cant’s representative: Robert H. Levy, 29 essary, applicant requests it be held at representative: Charles E. Dye (same South La Salle Street, Chicago, HI. Chicago, HI. address as applicant). Authority sought 60603. Authority sought to operate as a No. MC 119895 (Sub-No. 16) (Amend­ to operate as a common carrier, by common carrier, by motor vehicle, over ment), filed November 18, 1968, pub­ motor vehicle, over irregular routes, irregular routes, transporting: Food­ lished in F ederal R eg ist e r issues of De­ transporting: Fresh meat, meat products stuffs, from Lomira, Wis., to points in cember 12, 1968, January 16, 1969, and and meat byproducts, and articles dis­ Minnesota, Iowa, North Dakota, South March 13, 1969, and republished as tributed by meat packinghouses, as de­ Dakota, Nebraska, Kentucky, Missouri, amended this issue. Applicant: IN TER­ scribed in sections A and C of appendix Illinois, Indiana, Kansas, Ohio, Pennsyl­ CITY EXPRESS, INC., Post Office Box I to the report in Descriptions in Motor vania, and Michigan. N o t e : Applicant 1055, Fort Dodge, Iowa 50501. Appli­ Carrier Certificates, 61 M.C.C. 209 and states it does not intend to tack, and is cant’s representative: William A. Lan­ apparently willing to accept a restriction dau, 1451 East Grand Avenue, Des 766 (except hides and commodities in bulk), from Glenwood, Iowa, to points against tacking if warranted. If a hear­ Moines, Iowa 50306. Authority sought to ing is deemed necessary, applicant re­ operate as a common carrier, by motor in Illinois, Indiana, Michigan, Minne­ sota, Wisconsin, and St. Louis, Mo. quests it be held at Chicago, HI., or M il­ vehicle, over irregular routes, transport­ waukee, Wis. ing: Meats, meat products, and meat by­ N o t e : Applicant states it does not in­ products, and articles distributed by meat tend to tack, and is apparently willing to No. -MC 121107 (Sub-No. 6), filed packinghouses as described in sections accept a restriction against tacking if March 14, 1969. Applicant: PITT A and C of appendix I to the report in warranted. I f a hearing is deemed COUNTY TRANSPORTATION COM­ Descriptions in M otor Carrier Certifi­ necessary, applicant requests it be held PANY, INC., Post Office Box 207, Farm- cates, 61 M.C.C. 209 and 766 (except com­ at Chicago, HI., or Minneapolis, Minn. ville, N.C. Applicant’s representative: modities in bulk and except hides), and No. MC 110525 (Sub-No. 900), filed Harry Ross, 848 Warner Building, Wash­ foodstuffs when transported with meat March 17, 1969. Applicant: CHEMICAL ington, D.C. 20004. Authority sought to and meat products; (1) from Austin, LEAMAN TANK LINES, INC., 520 East operate as a common carrier, by motor Muin., to Milan, HI., Lincoln, Nebr., and Lancaster Avenue, Downingtown, Pa. vehicle, over irregular routes, transport­ Points in Iowa; (2) from Des Moines, 19335. Applicant’s representatives: Ed­ ing: Flakeboard, from Farmville, N.C., Iowa, to Lincoln, Nebr., and Detroit, win H. van Deusen (same address as to points in South Carolina, Georgia, Mich.; (3) from Fort Dodge, Iowa, to applicant), and Leonard A. Jaskiewicz, Alabama, Mississippi, Louisiana, Dela­ Lincoln, Nebr., and points in Hlinois, Madison Building, 1155 15th Street N W , ware, Vermont, and New Hampshire. lowa, and Missouri ; and (4) between Washington, D.C. 20005. Authority N o t e : Applicant states it does not intend Omaha, Nebr., on the one hand, and, on sought to operate as a common carrier, to tack, and is apparently willing to ac­ the other, Fort Dodge, Iowa, and Austin by motor vehicle, over irregular routes, cept a restriction against tacking, if war­ and Owatonna, Minn. Restriction: Serv­ transporting: Anhydrous ammonia, in ranted. I f a hearing is deemed necessary, ice in parts (1), (2), and (4) above is tank vehicles; (1) from points in Illinois, applicant requests it be held at Raleigh, restricted to traffic originating at plant- to points in Indiana, Iowa, Michigan, N.C., or Washington, D.C. sites and/or warehouse facilities of Geo. Minnesota, Missouri, and Ohio; (2) from No. MC 123405 (Sub-No. 24), filed SJtaiM i & Co., and I. D. Packing Co. points in Indiana, to points in Illinois, March 26, 1969. Applicant: FOOD destined to the points and States Michigan, Missouri, and Ohio; (3) from TRANSPORT, INC., Post Office Box 1041, pecificd. Note: The purpose of this re- points in Iowa, to points in Illinois, In ­ York, Pa. 17405. Applicant’s representa­ puDUcation is to redescribe commodity diana, Michigan, and Ohio; (4) from tive: Christian V. Graf, 407 North Front ascription, If a hearing is deemed nec- points in Kentucky, to points in Illinois, Street, Harrisburg, Pa. 17101. Authority n X ’ ,applicant requests it be held at Indiana, Michigan, and Ohio; (5) from sought to operate as a common carrier, ues Moines, Iowa. points in Missouri, to points in Illinois, by motor vehicle, over irregular routes, timv?" Ï£C **9903 (Sub-No. 9) (Correc- Indiana, and Iowa; and (6) from points transporting: Aquariums and household uon) fi'ed February 19, 1969, published in Ohio, to points in Hlinois, Indiana pet cages, loose or in cartons; and ua3 e, „ F ederal R eg ist e r issue of and Michigan. N o t e : Applicant states it aquarium accessories, supplies, and J®, 1969, and republished, as cor- does not intend to tack, and its appar­ equipment; in straight or mixed ship­ R i; S ; , ™ sn issue- Applicant: D. J. W AL- ently willing to accept a restriction ments, from Maywood, Paterson, Saddle 301RT3** 2?13 Maple Avenue, Rome, Ga. against tacking if warranted. I f a hear­ Brook, and Mahwah, N.J., to points in E «;• Applicant’s representatives: Alan ing is deemed necessary, applicant re­ Alabama, Arkansas, Delaware, the Dis­ and Paul M. Daniell, 1600 First quests It be held at Washington, D.C. trict of Columbia, Florida, Georgia, Ken­ Autwu Bmlding> Atlanta, Ga. 30303. No. MC 110525 (Sub-No. 903), filed tucky, Louisiana, Maryland, Mississippi, tract .sou£hfc to operate as a con- March 24, 1969. Applicant: CHEMICAL North Carolina, Pennsylvania, South re,nwameT’ by m°tor vehicle, over ir- LEAMAN TA N K LINES, INC., 520 East Carolina, Tennessee, Texas, Virginia, and swar routes, transporting: (1) Ferti­ Lancaster Avenue, Downingtown, Pa. West Virginia. N o t e : Applicant states it

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6610 NOTICES does not intend to tack, and is apparently ular routes, transporting: Fibrous glass Building, Lexington, Ky. 40507. Authority willing to accept a restriction against products and materials, insulating prod­ sought to operate as a common carrier, tacking if warranted. I f a hearing is ucts and materials, building, wall, and by motor vehicle, over irregular routes, deemed necessary, applicant requests it insulating board, asphalt and asbestos, transporting: General commodities (ex­ be held at Harrisburg, Pa., or Washing­ asphalt and asbestos products and mate­ cept those of unusual value, classes A ton, D.C. rials, and materials, supplies, and equip­ and B explosives, household goods as No. MC 123814 (Sub-No. 3), filed ment used in connection with the defined by the Commission, commodities March 13, 1969. Applicant: GEORGE A. production and distribution of the fore­ in bulk, and those requiring special HALL CARTAGE CO. LTD., 1281 Conde going commodities, from the plantsite equipment) ; (1) between points in Street, Montreal, Province of Quebec, and warehouses of Johns-Manville Prod­ Boone, Grant, and Fayette Counties, Ky., Canada. Applicant’s representative: ucts Corp., Winder, Ga., to points in Ala­ and Butler County, Ohio, on the one Adrien R. Paquette, 200 St. James Street, bama, Florida, North Carolina, South hand, and, on the other, Weir-Cook Air­ Suite 1010, Montreal, Quebec, Canada. Carolina, Tennessee, and Virginia, re­ port near Indianapolis, Ind., and James Authority sought to operate as a contract stricted against the transportation of Cox Municipal Airport, Vandalia, Ohio; carrier, by motor vehicle, over irregular commodities in bulk, under contract with (2) between the Weir-Cook Airport near routes, transporting: Cement in bulk, in Johns-Manville Sales Corp. N o t e : I f a Indianapolis, Ind., on the one hand, and, tank vehicles, and cement in bags, from hearing is deemed necessary, applicant on the other, James Cox Municipal Air­ ports of entry on the international requests it be held at Washington, D.C., port, Vandalia, Ohio, the Greater Cin­ boundary line between the United States or Atlanta, Ga. cinnati Airport near Erlanger, Ky., and and Canada, located in Maine, New No. MC 126537 (Sub-No. 21) (Amend­ Blue Grass Field, Lexington, Ky.; and Hampshire, Vermont, and New York, to m ent), filed February 26, 1969, published (3) between points in Boone and Grant points in Maine, New Hampshire, Ver­ in F ederal R egister issue of March 20, Counties, Ky., and Butler County, Ohio, mont, and New York; under contract 1969, and republished as amended, this on the one hand, and, on the other, the with Ciments Lafarge Quebec Ltee. N o t e : issue. Applicant: KENT I. TURNER, Greater Cincinnati Airport near Er­ I f a hearing is deemed necessary, appli­ KENNETH E. TURNER, AND ERVIN L. langer, Ky. Restriction : The service au­ cant requests it be held at Montpelier, TURNER, a partnership, doing business thorized herein is restricted to shipments Vt., or Albany, N.Y. as TURNER EXPEDITING SERVICE, having an immediately prior or im­ No. MC 124653 (Sub-No. 1), filed Post Office Box 21333, Standiford Field, mediately subsequent movement by air. March 20, 1969. Applicant: SAFEWAY Louisville, Ky. 40221. Applicant’s rep­ Service between those points is author­ SYSTEM, INC., 215 Third Street, New­ resentative: George- M. Catlett, Suite ized however, of freight that having been port, R.I. Applicant’s representative: 703-706, McClure Building, Frankfort, booked for shipment by air is unable to Paul F. Sullivan, Suite 913, Colorado Ky. 40601. Authority sought to operate be shipped by air because of the shut Building, 1341 G Street NW., Washing­ as a common carrier, by motor vehicle, down or inability of -the shipping air ton, D.C. 20005. Authority sought to op­ over irregular routes, transporting: (1) line to operate either because of weather, erate as a common carrier, by motor Inert fuses, from the plantsite of the equipment failure, or work stoppages. vehicle, over irregular routes, transport­ Raytheon Co. at Bristol, Tenn., to the Such shut down or inability to operate ing: Household goods as defined by the U.S. Naval Weapons Station, Yorktown, must have continued for at least 6 hours Commission, between points in Rhode Va.; (2) class C explosives, from the before this authority is operable. Nop: Island, restricted to shipments moving in plantsite of the Raytheon Co., Bristol, Applicant states that freight originating containers and having an immediately Tenn., to the plantsite of Northrup in area of existing authority can be prior or subsequent movement by rail, Carolina, Inc., at Swannanoa, N.C.; (3) tacked at points in Fayette County, Ky., water, motor, or air. N o t e : Applicant pallets, from the U.S. Naval Weapons for service to other points in applied for states it does not intend to tack, and is Station, Yorktown, Va., and the plant- authority herein providing subsequent apparently willing to accept a restric­ site of Northrup Carolina, Inc., at Swan­ or prior movement by air. If a hearing is tion against tacking if warranted. No nanoa, N.C., to the plantsite of the Ray­ deemed necessary, applicant requests it duplicating authority is being sought. If theon Co., at Bristol, Tenn.; and (4) be held at Lexington, Ky., or Cincinnati, a hearing is deemed necessary, applicant general commodities, except those of un­ Ohio. requests it be held at Washington, D.C., usual value, classes A and B explosives, No. MC 126838 (Sub-No. 5), filed or Providence, R.I. household goods as defined by the Com­ March 26, 1969. Applicant: EARNEST No. MC 124813 (Sub-No. 66), filed mission, commodities in bulk and those J. RUSH JR., doing business as CLAR­ March 24, 1969. Applicant: UMTHUN requiring special equipment, between the ENCE F. GUTHRIE HAULING SERV­ TRUCKING CO., a corporation, 910 plantsite of American Greetings Corp. ICE, Rural Delivery No. 2, Box 341, South Jackson, Eagle Grove, Iowa 50533. near Danville, Ky., on the one hand, and, Canonsburg, Pa. 15317. Applicant’s rep­ Applicant’s representative: William A. on the other, Standiford Field, Louis­ resentative: John A. Pillar, 2310 Grant Landau, 1451 East Grand Avenue, Des ville, Ky. N o t e : Applicant is authorized Building, Pittsburgh, Pa. 15219. Au­ Moines, Iowa 50306. Authority sought to to operate under MC 129652, therefore thority sought to operate as a common operate as a common carrier, by motor dual operations may be involved. Appli­ carrier, by motor vehicle, over irregular vehicle, over irregular routes, transport­ cant states that in (4) above, tacking routes, transporting: (1) Crushed lime­ ing: Dehydrated alfalfa, from points in would be accomplished at Standiford stone, from the facilities of New Castle Clay and Yankton Counties, S. Dak., to Field, Louisville, Ky., with the applicant’s Lime & Stone Co., Inc., in Mahoning points in Iowa, Minnesota, and Nebraska. present authority under certificate MC Township, Lawrence County, Pa., to Ben- and the N o t e : Applicant holds contract carrier 126537 (Sub-No. 15), and would permit wood, the District of Meade authority under MC 118468 and Subs, service between the plantsite of Amer­ District of Clay, Marshall County, therefore, dual operations may be in­ ican Greetings Corp. near Danville, Ky., W. Va.; and (2) crushed limestone, from volved. Applicant states it does not in­ on the one hand, and, on the other, Ashcom and Dry Rim, Pa., to tend to tack, and is apparently willing O’Hare Field, Chicago, 111. The purpose Marshall, and Brooke Counties, W. va. to accept a restriction against tacking of this republication is to (1) correct au­ N o te : Applicant states it does not intero if warranted. I f a hearing is deemed thority sought in (2) above and (2) to to tack, and is apparently willing to ac­ necessary, applicant requests it be held show tacking information in (4) above. cept a restriction against tacking if wa - at Des Moines, Iowa. I f ,a hearing is deemed necessary, appli­ ranted. If a hearing is deemed necessary, applicant requests it be held at Pitts­ No. MC 124839 (Sub-No. 1), filed cant requests it be held at Louisville burgh, Pa., or Washington, D.C. March 18, 1969. Applicant: BUILDERS or Lexington, Ky. TRANSPORT, INC., 2500 Emogene No. MC 126625 (Sub-No. 8), filed No. MC 126874 (Sub-No. 2>* Street, Mobile, Ala. 36606. Applicant’s March 19, 1969. Applicant: MURPHY March 24, 1969. Applicant: MOBU^ representative: William P. Sullivan, 1819 SURF-AIR TRUCKING COMPANY, EXHIBITS, INC., 1518 South Mayflower H Street NW., Washington, D.C. 20006. INC., Blue Grass Field, Versailles Pike, Avenue, Monrovia, Calif. 91016. APP Authority sought to operate as a con­ Lexington, Ky. 40504. Applicant’s repre­ cant’s representative: R. Y. Schureman, tract carrier, by motor vehicle, over irreg­ sentative: Ben M. Combs, Citizens Bank 1545 Wilshire Boulevard, Los Angeles,

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6611

Calif. 90017. Authority sought to operate 7300 North Villard, Portland, Oreg. No. MC 133396 (Sub-No. 1), filed as a common carrier, by motor vehicle, 97217. Applicant’s representative: Jo­ March 26,1969. Applicant : GRADY DAY over irregular routes, transporting: Dis­ seph L. Thomas, 711 Old National Bank 1303 29th Street, Phenix City, Ala. 36867. play materials and equipment in demon­ Building, Spokane, Wash. 99201. Au­ Applicant’s representative: Richard Y. stration trailers (except those designed thority sought to operate as a contract Bradley, Post Office Box 469, Columbus, to be drawn by passenger automobiles), carrier, by motor vehicle, over irregular Ga. 31902. Authority sought to operate between points in the United States (ex­ routes, transporting: Used motor ve­ as a contract carrier, by motor vehicle, cept Alaska and Hawaii), restricted to hicles in towaway or driveaway service; over irregular routes, transporting: service with trailers and/or tractors (1) between points in Oregon, Washing­ Brick, tile, ceramic, and related products, equipped with self-contained power gen­ ton, Idaho, and Montana; and (2) be­ from points in Russell and Jefferson erators and air-conditioning equipment. tween points in Oregon, Washington, Counties, Ala., and Escambia County, Note: Applicant states it does not intend Idaho, and Montana on the one hand, Fla., on the one hand, and, on the other, to tack, and is apparently willing to ac­ and, on the other, points in the United points in Alabama, Georgia, Mississippi, cept a restriction against tacking if war­ States for account of General Motors and Tennessee, and in the State of ranted. If a hearing is deemed necessary, Acceptance Corp. N o t e : If a hearing is Florida in and west of Hamilton, Su- applicant requests it be held at Wash* deemed necessary, applicant requests it wanee, Lafayette, and Dixie Counties, ington, D.C. be held at Spokane, Wash. under contract with Bickerstaff Clay No. MC 127283 (Sub-No. 3) (Amend­ No. MC 133061 (Sub-No. 1), filed Products Co., Inc., Columbus, Muscogee ment), filed February 27, 1969, pub­ March 31, 1969. Applicant: PUBLIC County, Ga. NoTE:Tf a hearing is deemed lished in the F ederal R eg ister issue of TRANSPORT CORPORATION, Post necessary, applicant requests it be held March 20, 1969, and republished, as Office Box 327, Troutman, N.C. 28116. at Birmingham, Ala., or Atlanta, Ga. amended, this issue. Applicant: SILICA Applicant’s representative: John C. No. MC 133397 (Sub-No. 1), filed SAND TRANSPORT, INC.,‘ Routes 47 Bradley, Suite 618, Perpetual Building, •March 26, 1969. Applicant: GEORGE and 71, Post Office Box 212, Yorkville, Washington, D.C. 20004. Authority JENKINS, Post Office Boj£ 873, Phenix HI. 60560. Applicant’s representative: sought to operate as a common carrier, City, Ala. 36867. Applicant’s representa­ Albert A. Andrin, 29 South La Salle by motor vehicle, over irregular routes, tive: Richard Y. Bradley, Post Office Street, Chicago, 111. 60603. Authority transporting: Fertilizer and fertilizer Box 469, Columbus, Ga. 31902. Authority sought to operate as a contract carrier, materials, from points in Hertford sought to operate as a contract carrier, by motor vehicle, over irregular routes, County, N.C., to points in New Jersey by motor vehicle, over irregular routes, transporting: Sand, from the facilities and Virginia. N o t e : Applicant states it transporting: Brick, tile, ceramic, and of Sewanee Silica Co. at or near Sewanee, does not intend to tack, and is appar­ related products, from points in Russell Term., to points in Alabama, Georgia, ently willing to accept a restriction and Jefferson Counties, Ala., ang Es­ Kentucky, Indiana, Mississippi, North against tacking, if warranted. I f a hear­ cambia County, Fla., on the one hand, Carolina, South Carolina, Ohio, and Illi­ ing is deemed necessary, applicant re­ and, on the other, points in Alabama, nois, under contract with Sewanee Silica quests it be held at Washington, D.C. Georgia, Mississippi, and Tennessee and Co., a division of Wedron Silica Co. This No. MC 133065 (Sub-No. 4), filed in the State of Florida in and west of republication is for the purpose of reflect­ March 17, 1969. Applicant: GERALD Hamilton, Suwannee, Lafayette, and ing Illinois as a destination State. N o t e : ECKLEY, doing business as ECKLEY Dixie Counties, under contract with If a hearing is deemed necessary, appli­ TRUCKING AND LEASING, Mead, Bickerstaff Clay Products Co., Inc., Co­ cant requests it be held at Chicago, HI. Nebr., 68401. Applicant’s representative: lumbus, Ga. N o t e : I f a hearing is deemed No. MC 129645 (Sub-No. 5) (Amend­ Richard A. Peterson, 521 South 14th necessary, applicant requests it be held ment), filed January 10, 1969, published Street, Post Office Box 806, L in coln, at Birmingham, Ala., or Atlanta, Ga. in the F ederal R e g ister issue of Febru­ Nebr. 68501. Authority sought to operate No. MC 133434 (Sub-No. 1), filed ary 6, 1969, and republished as amended as a contract carrier, by motor vehicle, March 21, 1969. Applicant: CONGRES­ this issue. Applicant: BASIL J. SMEE- over irregular routes, transporting: SIONAL MOVERS, INC., 8901 D’Arcy STER AND JOSEPH G. SMEESTER, Camper holddowns, spare tire carriers, Road, Upper Marlboro, Md. 20870. Appli­ doing business as SMEESTER BROTH­ swing-up bumper 'steps, truck cab steps, cant’s representative: John H. Blanken­ ERS TRUCKING, 1330 South Jack- bounce eliminators, snowmobiles with ship (same address* as applicant). Au­ son Street, Iron Mountain, Mich. 49801. skis or wheels, camper jacks, jack pads, thority sought to operate as a common Applicant’s representative: Louis J. camper dollies, lector drive units, bumper carrier, by motor vehicle, over irregular Amato, Post Office Box E, Bowling steps, cab steps, brace clamps, and routes, transporting: Used household Green, Ky. 42101. Authority sought to equipment, materials, and supplies used goods, between Washington, D.C., its operate as a common carrier, by motor in the manufacture of the above items, commercial zone thereof, points in Prince vehicle, over irregular routes, transport­ between Wahoo, Nebr., on the one hand, Georges, Montgomery, Ann Arundel, ing: Wood dimension stock, from Adams and, on the other, points in the United Charles, and St. Marys Counties, Md., Township, Houghton, Mich., to points in States (except Alaska and Hawaii), un­ and points in Arlington and Fairfax New York, Pennsylvania, West Virginia, der contract with Hellstar Corp. N o t e : Counties, Va., restricted to the trans­ Virginia, North Carolina, South Caro- Common control and dual operations portation of shipments moving on the Tennessee, Kentucky, Georgia, may be involved. I f a hearing is deemed through bill of lading of a freight for­ Alabama, Louisiana, Connecticut, New necessary, applicant requests it be held warder operation under the exemption ersey, Michigan, Wisconsin, Minnesota, at Lincoln, Nebr. provisions of section 402(b) of the In ­ coo ^1Si-9 ^ 0, In4iana, Missouri, Arkan- No. MC 133368 (Sub-No. 1), filed terstate Commerce Act, as amended, and ftnn+Cv!r1*orn*a’ ant* Texas. N o t e : Appli- March 24, 1969. Applicant: W ILLIAM A. having an immediately prior or and im­ contract carrier authority TONYES, 75 Woodbury Road, Haup- mediately subsequent out-of-State line- 127093 and Subs thereunder, pauge, N.Y. 11787. Applicant’s represent­ haul movement by motor water, rail, or vnfv^°^L,dual operations may be in- ative: William D. Traub, 10 East 40th air and further restricted to the perform­ This republication is for the pur- Street, New York, N.Y. 10016. Authority ance of pickup and delivery service in Ariolv.0^ reflecting the origin point as, sought to operate as a contract carrier, connection with packing, crating, and §22? Township, Houghton, Mich., by motor vehicle, over irregular routes, containerization, or unpacking, uncrat­ a S l l , broadening the scope of the transporting: Cookware, electrical ap­ ing, and decontainerization of such traf­ n er**?^011' I f a hearing is deemed pliances, and flatware, from Haup- fic. N o t e : Applicant states it does not at Chfc^oappUcant requests it be held pauge, N.Y., to points in Nassau, Suffolk, intend to tack, and is apparently willing and Westchester Counties, N.Y., and New to accept a restriction against tacking 129 "8 (Sub-No. 2), filed York, N.Y., under contract with Century if warranted. I f a hearing is deemed nec­ R Whtto 1969- APPflcant: HARLEY Metalcraft Corp., Los Angeles, Calif. essary, applicant requests it be held at P a AND JOHN H. WILLIS, a N o t e : I f a hearing is deemed necessary, Washington, D.C. JOHmiv»oS h * p ’ doin& business as applicant requests it be held at New No. MC 133539, filed March 10, 1969. HNNY S AUTO TRANSPORTERS, York, N.Y., or Newark, N.J. Applicant: CHARLES L. PARKS, Ash-

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6612 NOTICES land, Nebr. Applicant’s representative: reflect South Carolina as one of the Office Box 806, Lincoln, Nebr. 68501. Au­ J. Max Harding, 605 South 14th Street, States to be served. If a hearing is deemed thority sought to operate as a common Box 2028, Lincoln, Nebr. 68501. Au­ necessary, applicant requests it be held carrier, by motor vehicle, over irregular thority sought to operate as a common at Charlotte, Greensboro, or Raleigh, routes, transporting: Dairy products, carrier, by motor vehicle, over irregular N.C. from Carthage, Mo., to point in Alabama, routes, transporting: Dry fertilizers, (1) No. MC 133571 (Amendment), filed Georgia, and Florida. N ote : If a hearing from Joplin and St. Joseph, Mo., and March 18, 1969, published F ederal is deemed necessary, applicant requests Lawrence, Kans., to points in Butler, R egister issue of April 4, 1969, amended it be held at Kansas City, Kans. Cass, Colfax, Dodge, Douglas, Lancaster, and republished as amended this issue. No. MC 133594, filed March 19, 1969. Saunders, Seward, and Washington Applicant: NESTLERODE TRUCKING Applicant: INTRACOASTAL TRANS­ Counties, Nebr.; and (2) from Council CO., INC., 615 West Walnut Street, Lock FER LINE, INC., 1200 Peters Road, Bluffs, Iowa, to points in Butler, Cass, Haven, Pa. 17745. Applicant’s representa­ Harvey, La.' 70058. Applicant’s repre­ Colfax, Dodge, Douglas, Lancaster, tives : Harry H. Frank and S. Berne sentative: Daniel Lund, 806 National Saunders, Seward, and Washington Smith, 100 Pine Street, Post Office Box Bank of Commerce Building, New Or­ Counties, Nebr. N o t e : Applicant states 1166, Harrisburg, Pa. 17108. Authority leans, La. 70112. Authority sought to the purpose of the instant application sought to operate as a common carrier, operate as a contract carrier, by motor is for the converting of existing contract by motor vehicle, over irregular routes, vehicle, over irregular routes, transport­ carrier authority of the applicant to that transporting: Sand and gravel, from ing: Gypsum, gypsum products, and of a common carrier certificate to handle points in Cattaraugus And Allegany building materials, from Westwego, La., the same commodities between the same Counties, N.Y., to points in Cameron, to points in Mississippi, Alabama and points. Applicant further states in the Elk, McKean, and Potter Counties, Pa. points in that part of Florida on and event the instant application for com­ N ote : The purpose of this republication west of U.S. Highway 319, and returned mon carrier authority is granted, the ap­ is to show the origin point of Cattaraugus shipments on return, under contract with plicant would request that the Commis­ County in lieu of Cattarauguo County as National Gypsum Co. N o t e : Applicant sion revoke and cancel the contract car­ previously published. If a hearing is has common carrier authority under MC rier authority issued under MC-126311 deemed necessary, applicant requests it 54847 and subs thereunder, therefore, and MC-126311 (Sub-No. 2). I f a hearing be held at Harrisburg, Pa., or Washing­ dual operations may be involved. If a is deemed necessary, applicant requests ton, D.C. hearing is deemed necessary, applicant it be held at Omaha or Lincoln, Nebr. No. MC 133590, filed March 24, 1969. requests it be held at Washington, D.C., No. MC 133562, filed March 17, 1969. Applicant: WESTERN CARRIERS, INC., or New Orleans, La. Applicant: MERLE JOHNSON, ROY 529 Westchester Avenue, Bronx, N.Y., ROBERTS, BASIL ROBERTS, JR., a 10455. Applicant’s representative: Robert M otor C arriers o f P assengers partnership, doing business as HOLIDAY L. Kendall, Jr., 1719 Packard Building, No. MC 3647 (Sub-No. 41), filed EXPRESS, Estherville, Iowa 51334. Ap­ Philadelphia, Pa. 19102. Authority sought March 26, 1969. Applicant: PUBLIC plicant’s representative: Earl H. Scudder, to operate as a contract carrier, by motor SERVICE COORDINATED TRANS­ Jr., Post Office Box 2028, 605 South vehicle, over irregular routes, transport­ PORT, a corporation, 180 Boyden Avenue, 14th Street, Lincoln, Nebr. 68501. Au­ ing: Meats, meat products, meat byprod­ Maplewood, N.J. 07040. Applicant’s rep­ thority sought to operate as a common ucts, and articles distributed by meat- resentative: Richard Fryling (same carrier, by motor vehicle, over irregular packinghouses, (1) between the plant- address as applicant). Authority sought routes, transporting: Meats, meat prod­ site, warehouses, and storage facilities to operate as a common carrier, by motor ucts, meat byproducts, dairy products used by Western Pork Packers, Inc., a vehicle, over regular routes, transporting: and articles distributed by meat packing­ New York corporation, located at or near Passengers and their baggage, and ex­ houses as described in sections A, B, and Bronx, N.Y., on the one hand, and, on press and newspapers, in the same vehi­ C of appendix I of the Report in De­ the other, points in Connecticut, Dela­ cle with passengers, between Teaneck scriptions in Motor Carrier Certificates, ware, Illinois, Indiana, Iowa, Kansas, and Port Lee, N.J., from the junction of 61 M.C.C. 209,766 (except hides and com­ Kentucky, Maryland, Massachusetts, Fort Lee Road and Teaneck Road, Tea- modities in bulk, in tank vehicles), from Michigan, Minnesota, Missouri, Ne­ neck, N.J.; thence over Teaneck Road the plantsite and/or warehouse facilities braska, New Jersey, Ohio, Pennsylvania, to junction of DeGraw Avenue, thence of John Morrell & Co., located at or near Rhode Island, South Dakota, Wisconsin, over DeGraw Avenue and access road Estherville, Iowa, to points in New Jersey, and the District of Columbia; and (2) to Interstate Highway 95; thence over New York, and Pennsylvania, restricted between the plantsite, warehouses, and Interstate Highway 95 to George Wash­ to traffic originating at the plantsite storage facilities used by Western Pork ington Bridge Plaza, Fort Lee, N.J., and and/or warehouse facilities of John Packers, Inc., a Massachusetts corpora­ return over Interstate Highway 95 and Morrell & Co., at or near points named tion, located at or near Worcester, Mass,, access road to Glen wood Avenue; thence above and destined to the named terri­ on the one hand, and, on the other, points over Glenwood Avenue to junction De­ tory. Note: I f a hearing is deemed neces­ in Connecticut, Delaware, Illinois, In­ Graw Avenue; thence over DeGraw sary, applicant requests it be held at diana, Iowa, Kansas, Kentucky, Mary­ Avenue to junction Teaneck Road, Sioux City, Iowa. land, Michigan, Minnesota, Missouri, thence over Teaneck Road to junction No. MC 133567 (Correction), filed Nebraska, New Jersey, New York, Ohio, Fort Lee Road, Teaneck, N.J., serving all March 17, 1969, published in the F ederal Pennsylvania, Rhode Island, South intermediate points. N o t e : Applicant R eg ister issue of April 4, 1969, and re­ Dakota, Wisconsin, and the District of states the above-described route will be published as corrected this issue. Appli­ Columbia. Restricted to the transporta­ tacked to existing routes. If a hearing is cant: ARTHUR JOHN McCASHIN, JR., tion of traffic of Western Pork Packers, deemed necessary, applicant requests it doing business as CAROLINA HORSE Inc., a New York corporation, and West­ to be held at Newark, N.J. TRANSPORTS, Box 296, Clemmons, ern Pork Packers, Inc., a Massachusetts No. MC 109736 (Sub-No. 31), filed N.C. 27012. Applicant’s representative: corporation, under continuing contracts March 19, 1969. Applicant: CAPITOL A. W. Flynn, Jr., 1006 Wachovia Building, with Western Pork Packers, Inc., of BUS COMPANY, a corporation, 1061 Post Office Box 127, Greensboro, N.C. Bronx, N.Y., and Western Pork Packers, South Cameron Street, Harrisburg, Pa- 27402. Authority sought to operate as a Inc., of Worcester, Mass. N o t e : I f a 17105. Applicant’s representative: James common carrier, by motor vehicle, over hearing is deemed necessary, applicant E. Wilson, 1735 K Street NW., Washing­ irregular routes, transporting: Horses, requests it be held at New York, N.Y., ton, D.C. 20006. Authority sought to other than ordinary livestock, and in con­ or Philadelphia, Pa. operate as a common carrier, by motor nection therewith, personal effects of at­ No. MC 133591, filed March 24, 1969. /ehicle, over regular routes, transport- tendants, and supplies and equipment Applicant : WAYNE DANIEL, doing busi­ hg: Passengers and their baggage, ana used in the care of exhibition of such ness as WAYNE DANIEL TRUCK, Post express and newspapers in the same animals, between points in North Caro­ Office Box 303, Mt. Vernon, Mo. 65712, vehicle with passengers, between lina, South Carolina, and Georgia. N o t e : Applicant’s representative: Frederick J. Frederick, Md., and Washington, DC., The purpose of this republication is to Coffman, 521 South 14th Street, Post >ver U.S. Highway 240, serving no inter-

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6613 mediate points. N o t e : Applicant states 1969. Applicant: KAREVAN, INC., 419 Co. shall deliver to the Seaboard Coast that the purpose of this application is to Third Avenue West, Seattle, Wash. 98119. Line Railroad Co. a weekly total of 175 remove the restrictions contained in its Applicant’s representative: Alan F. empty plain serviceable boxcars with in­ present certificate of public convenience Wohlstetter, 1 Farragut Square South, side length less than 44 feet 8 inches and and necessity in MC 109736 (Sub-No. 8), Washington, D.C. 20006. Authority doors less than 8 feet wide. Exception: that reads as follows: Between Gettys­ sought under section 410, Part IV of the Canadian ownerships. burg, Pa., and Washington, D.C., serving Interstate Commerce Act for a permit (b) The Seaboard Coast Line Rail­ intermediate points between Gettysburg, authorizihg applicant to continue opera­ road Co. shall deliver to the Louisville Pa., and Frederick, Md., including tions as a freight forwarder in interstate and Nashville Railroad Co. a weekly to­ Frederick, Md., restricted (1) against or foreign commerce, in the forwarding tal of 175 empty plain serviceable box­ pickup of passengers at Frederick on of (a) used household goods, (b) used cars with inside length less than 44 feet northbound trips. N o t e : I f a hearing is automobiles, and (c) unaccompanied 8 inches and doors less than 8 feet wide. deemed necessary, applicant requests it baggage, between points in the United Exception: Canadian ownerships. be held at Washington, D.C. States, including Alaska and Hawaii. (c) The Louisville and Nashville Rail­ No. MC 109802 (Sub-No. 27), filed By the Commission. road Co. shall deliver to the Missouri March 28, 1969. Applicant: LAKELAND Pacific Railroad Co. a weekly total of BUS LINES, INC., East Blackwell Street, [ s e a l ] H . N e il G a r s o n , 175 empty plain serviceable boxcars with Dover, N.J. 07801. Applicant’s representa­ Secretary. inside length less than 44 feet 8 inches tive: Bernard F. Flynn, Jr. (same address [F.R. Doc. 69-4435; Filed, Apr. 16, 1969; and doors less than 8 feet wide. Excep­ as applicant). Authority sought to oper­ 8:45 a.m.] tion : Canadian ownerships. ate as a common carrier, by motor vehi­ I t is further ordered, That the rate cle, over regular routes, transporting: of delivery specified in this direction Passengers and their "baggage in the same [S.O. 1002; Car Distribution Direction 27-A] shall be maintained within weekly pe­ vehicle with passengers; (1) between FLORIDA EAST COAST RAILWAY CO. riods ending each Sunday at 11:59 p.m., Parsippany-Troy Hills Township, N.J., ET AL. so that at the end of each 7 days the full and Parsippany-Troy Hills Township, delivery required for that period shall N.J.: From the junction of U.S. High­ Car Disfribution have been made. way 202 and New Jersey Highway 10, in I t is further ordered, That cars ap­ Parsippany-Troy Hills, thence over New Upon further consideration of Car Dis­ plied under this direction shall be so Jersey Highway 10 to junction of Inter­ tribution Direction No. 27 (Florida East identified on empty car cards, move­ state Highway 287 in Hanover Township Coast Railway Co.; Seaboard Coast Line ment slips, and interchange records as and thence over Interstate Highway 287 Railroad Co.; Illinois Central Railroad moving under the provisions of this to junction of U.S. Highway 46 in Parsip­ Co.) and good cause appearing therefor: direction. pany-Troy Hills, and return over the It is ordered, That: (d) The carriers delivering the empty same route, serving no intermediate Car Distribution Direction No. 27 be, boxcars as described above must advise points; and (2) between Parsippany- and it is hereby vacated. Agent R. D. Pfahler each Wednesday as Troy Hills Township, N.J., and Montville, It is further ordered, That this order to the number of cars, covered by this N.J.: From the junction of U.S. High­ shall become effective at 9 a.m., April 11, direction, delivered during the preced­ way 46 and Interstate Highway 287, in 1969, and that it shall be served upon ing week, ending each Sunday at 11:59 Parsippany-Troy Hills thence over In­ the Association of American Railroads, p.m. terstate Highway 287 to junction of U.S. Car Service Division, as agent of all rail­ (e) The carriers receiving the cars Highway 202 in Montville, and return roads subscribing to the car service and described above must advise Agent R. D. over the same route, serving no inter­ per diem agreement under the terms of Pfahler each Wednesday as to the num­ mediate points. N o t e .: Applicant states that agreement; and that it be filed with ber of cars received during the preced­ the routes in (1) and (2) above are to the Director, Office of the Federal ing week, ending each Sunday at 11:59 be tacked with its presently authorized Register. p.m. regular-route operations as alternate Issued at Washington, D.C., April 11, (2) Regulations suspended : The oper­ routes for operating convenience only. 1969. ation of all rules and regulations, inso­ If a hearing is deemed necessary, appli­ I n te r sta te C o m m e r c e far as they conflict with the provisions cant requests it be held at Newark, N.J. C o m m is s io n , of this direction, is hereby suspended. A p plic a t io n fo r B rokerage L ic e n s e [ s e a l ] R. D . P f a h le r , (3) Effective date: This direction shall Agent. become effective at 12:01 a.m., April 14, No. MC 130083, filed March 13, 1969 1969. Applicant: FUN AFAR, INC., 1 Higl [F.R. Doc. 69-4536; Filed, Apr. 16, 1969; 8:49 a.m.] (4) Expiration date: This direction Street, Port Jefferson, N.Y. Applicant’; shall expire at 11:59 p.m., May 4, 1969, representative: Samuel B. Zinder, Sta^ unless otherwise modified, changed, or won Plaza East, Great Neck, N.Y. 11021 [S.O, 1002; Car Distribution Direction 43] suspended by order of this Commission. a license (BMC-5) to engage ir It is further ordered, That a copy of operations as a broker, ( 1) at Port Jef- FLORIDA EAST COAST RAILWAY CO. this direction shall be served upon the Smithtown, and Stoneybrook ET AL. Association of American Railroads, Car in 4’ in arran&ing for the transportatior Service Division, as agent of all railroads J nters*'a*;e or foreign commerce o: Car Distribution subscribing to the car service and per \oÎ\^gerl and their baggage in sight- To: Florida East Coast Railway Co., diem agreement under the terms of that PT1 ai^d Pleasure tours, beginning anc agreement; and that notice of this di­ enaing at points in Suffolk County, N.Y. Seaboard Coast Line Railroad Co., Louis­ ville and Nashville Railroad Co., Mis­ rection be given to the general public by £ neXtading f° Points in the Unitec souri Pacific Railroad Co. depositing a copy in the Office of the • S an * at Bridgeport, Conn., ii Secretary of the Commission at Wash­ tpr^o?mg for the transportation in in- Pursuant to Section 1 (15) and (17) of the Interstate Commerce Act and au­ ington, D.C., and by filing it with the senaplì f° r®ten commerce of pas- Director, Office of the Federal Register. or niPQS andJ:^ieir baggage, in sightseeing thority vested in me by Interstate Com­ whn S re *our8, restricted to passenger« merce Commission Service Order No. Issued at Washington, D.C., April 11, oneJSS a prior movement on the ferrj 1002. 1969. I t is ordered, That: Jeffpr^d o.y the Bridgeport and Pori I n te r sta te C o m m e r c e and pr\iv steamboat Co., Inc., beginning (1) Each common carrier by railroad C o m m is s io n , tending at BridgeP°rt, Conn., and ex- subject to the Interstate Commerce Act [ s e a l ] R . D. P f a h le r , No !w °oL 01£.ts in the United States shall comply with the following distribu­ Agent. Forwarrto~3 a9 KAREVAN, INC., Freighl tion directions: [F.R. Doc. 69-4537; Filed, Apr. 16, 1969; warder Application, filed March 28 (a) The Florida East Coast Railway 8:49 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 No. 7; •7 6614 NOTICES

[S.O. 1002; Car Distribution Direction 41, [S.O. 1002; Oar Distribution Direction SO-A] on empty car cards, movement slips, and Amdt. i ] interchange records as moving under the SEABOARD COAST LINE RAILROAD provisions of this direction. LOUISVILLE AND NASHVILLE RAIL­ CO. AND ILLINOIS CENTRAL RAIL­ (c) The carriers delivering the empty ROAD CO. ET AL. ROAD CO. boxcars as described above must advise Agent R. D. Pfahler each Wednesday as Car Distribution Car Distribution to the number of cars, covered by this Upon 'further consideration of Car Upon further consideration of Car Dis­ direction, delivered during the preceding Distribution Direction No. 41 (Louisville tribution Direction No. 30 (Seaboard week, ending each Sunday at 11:59 p.m. and Nashville Railroad Co.; Chicago & Coast Line Railroad Co.; Illinois Central (d) The carriers receiving the cars de­ Eastern Illinois Railroad Co.; Soo Line Railroad Co.), and good cause appearing scribed above must advise Agent R. D. Railroad Co.), and good cause appearing therefor: Pfahler each Wednesday as to the num­ therefor: I t is ordered, That: ber of cars received during the preceding It is ordered, That: Car Distribution Direction No. 30 be, week, ending each Sunday at 11:59 p.m. Car Distribution Direction No. 41 be, and it is hereby vacated. (2) Regulations suspended: The oper­ and it is hereby amended by substitut­ It is further ordered, That this order ation of all rules and regulations, inso­ ing the following paragraph (4) for shall become effective at 9 a.m., April 11, far as they conflict with the provisions of paragraph (4) thereof: 1969, and that it shall be served upon the this direction, is hereby suspended. (4) Expiration date. This directionAssociation of American Railroads, Car (3) Effective date: This direction shall shall expire at 11:59 p.m., May 4, 1969, Service Division, as agent of all railroads become effective at 12:01 a.m., April 14, unless otherwise modified, changed, or subscribing to the car service and per 1969. suspended. / diem agreement under the terms of that (4) Expiration date: This direction It is further ordered, That this amend­ agreement; and that it be filed with the shall expire at 11:59 p.m., March 4,1969, ment shall become effective at 11:59 p.m., Director, Office of the Federal Register. unless otherwise modified, changed, or April 13, 1969, and that it shall be served suspended by order of this Commission. upon the Association of American Rail­ Issued at Washington, D.C., April 11, It is further ordered, That a copy of roads, Car Service Division, as agent of 1969. this direction shall be served upon the all railroads subscribing to the car serv­ I n te r sta te C o m m e r c e Association of American Railroads, Car ice and per diem agreement under the C o m m is s io n , Service Division, as agent of all railroads terms of that agreement; and that it be [ s e a l ] R. D. P f a h le r , subscribing to the car service and per filed with the Director, Office of the Agent. diem agreement under the terms of that Federal Register. [F.R. Doc. 69-4540; Filed, Apr. 16, 1969; agreement; and that notice of this direc­ Issued at Washington, D.C., April 11, 8:49 a.m.] tion be given to the general public by 1969. depositing a copy in the Office of the I n t e r st a t e C o m m e r c e Secretary of the Commission at Wash­ [S.O. 1002; Car Distribution Direction 44] C o m m is s io n , ington, D.C., and by filing it with the [ s e a l ] R. D. P p a h l e r , SEABOARD COAST LINE RAILROAD Director, Office of the Federal Register. Agent. CO. ET AL. Issued at Washington, D.C., April 11, [F.R. Doc. 69-4538; Filed, Apr. 16, 1969; Car Distribution 1969. 8:49 a.m.] I n terstate C ommerce To: Seaboard Coast Line Railroad Co., C o m m is s io n , [S.O. 1002; Car Distribution Direction 40, St. Louis-San Francisco Railway Co., The [ s e a l ] R . D. P fah ler , Amdt. 1] Atchison, Topeka, and Santa Fe Railway Agent. PENN CENTRAL CO. AND SOO LINE [F.R. Doc. 69-4541; Filed, Apr. 16, 1969; RAILROAD CO. Pursuant to Section 1 (15) and (17) of 8:49 a.m.] the Interstate Commerce Act and au­ Car Distribution thority vested in me by Interstate Com­ Upon further consideration of Car merce Commission Service Order No. [S.O. 994; IOC Order 20] Distribution Direction No. 40 (Penn 1002. ILLINOIS CENTRAL RAILROAD CO. Central Co.; Soo Line Railroad Co.), and I t is ordered, That: good cause appearing therefor: (1) Each common carrier by railroad Rerouting and Diversion of Traffic I t is ordered, That: subject to the Interstate Commerce Act In the opinion of R. D. Pfahler, agent, Car Distribution Direction No. 40 be, shall comply with the following distribu­ the Illinois Central Railroad Co. is un­ and it is hereby amended by substitut­ tion directions: able to transport certain traffic routea ing the following paragraph (4) for (a) The Seaboard Coast Line Railroad over its line because of work stoppag paragraph (4) thereof: Co. shall deliver to the St.Louis-San by certain of its operating employees, ana (4) Expiration date. This directionFrancisco Railway Co. a weekly total of has placed an embargo against aU tramc shall expire at 11:59 p.m., May 4, 1969, 175 empty plain serviceable boxcars with except carload shipments terminating unless otherwise modified, changed, or inside length less than 44 feet 8 inches oints on its lines. suspended. and doors less than 8 feet wide. Excep­ It is ordered, That: It is further ordered, That this amend­ tions: Canadian ownerships. (a) Rerouting traffic: The ^linoi ment shall become effective at 11:59 p.m., (b) The St. Louis-San Francisco Rail­ entral Railroad Co. being unable to April 13, 1969, and that it shall be served way Co. shall deliver to The Atchison, ■ansport certain traffic routed over its upon the Association of American Rail­ Topeka, and Santa Fe Railway Co. a ne because of work stoppage by c roads, Car Service Division, as agent of weekly total of 175 empty plain service­ f its employees, and has placed an_ ' all railroads subscribing to the car serv­ able boxcars with inside length less than argo against all traffic except carload ice and per diem agreement under the 44 feet 8 inches and doors less than 8 lipments terminating at points on terms of that agreement; and that it be feet wide. Exceptions: Canadian owner­ nes, that carrier and its connections are filed with the Director, Office of the ships. ereby authorized to reroute or diver Federal Register. I t is further ordered, That the rate of uch traffic over any available route xpedite the movement, regardless of Issued at Washington, D.C., April 11, delivery specified in this direction shall be maintained within weekly periods Duting designated on the waybill- , 1969. ending each Sunday at 11:59 p.m., so filing covering all such cars reroute I n te r sta te C o m m e r c e iverted shall carry a reference C o m m is s io n , that at the end of each 7 days the full delivery required for that period shall rder as authority for the rerouting. [ s e a l ] R. D. P f a h l e r , (b) Concurrence of receiving roads have been made. Agent e obtained: The railroad dedring^ I t is further ordered, That cars applied [F.R. Doc. 69-4539; Filed, Apr. 16, 1969; ivert or reroute traffic under this oraer 8:49 a.m.] under this direction shall be so identified

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6615 shall receive the concurrence of other authorized representative, if any, and other lading); (1) between Dallas, Tex., railroads to which such traffic is to be the protests must certify that such on the one hand, and Bryan, Tex., and/ diverted or rerouted, before the rerouting service has been made. The protests or College Station, Tex., on the other or diversion is ordered. must be specific as to the service which hand, over Interstate Highway 45, Texas (c) Notification to shippers: Each car­ such protestant can and will offer, and Highways 14 and 6, and return over the rier rerouting cars in accordance with must consist of a signed original and same route, serving only termini and this order shall notify each shipper at the six copies. no intermediate points; (2) between time each car is rerouted or diverted and A copy of the application is on file, and Houston, Tex., on the one hand, and shall furnish to such shipper the new can be examined at the Office of the Sec­ Bryan, Tex., and/or College Station, routing provided under this order. retary, Interstate Commerce Commis­ Tex., and return over the same route, (d) Inasmuch as the diversion or re­ sion, Washington, D.C., and also in the serving only termini and no intermediate routing of traffic is deemed to be due to field office to which protests are to be points; (3) between San Antonio, Tex., carrier disability, the rates applicable to transmitted. on the one hand, and Bryan, Tex., and/ traffic diverted or rerouted by said agent or College Station, Tex., on the other shall be the rates which were applicable M otor C arriers o f P r o pe r t y hand, over Interstate Highway 35, U.S. at the time of shipment on the ship­ No. MC 808 (Sub-No. 42 T A ) (Correc­ Highway 290 and Texas Highway 21, and ments as originally routed. tion) , filed February 12, 1969, published return over the same route, serving only (e) In executing the directions of the in F ederal R e g ister , issues of Febru­ termini and no intermediate points, for Commission and of such agent provided ary 20, 1969, and republished as cor­ 180 days. N o t e : Applicant states it does for in this order, the common carriers intend to tack authority applied for to involved shall proceed even though no rected this issue. Applicant: ANCHOR MOTOR FREIGHT, INC., 21111 Char- authority held by it. The purpose of this contracts, agreements, or arrangements republication is to include a portion of now exist between them with reference grin Boulevard, Cleveland, Ohio 44122. Applicant’s representative: J. W. Kundtz, the route description, which was in­ to the divisions of the rates of transpor­ advertently omitted in previous publica­ tation applicable to said traffic; divisions 1050 Union Commerce Building, Cleve­ land, Ohio 44115. Authority sought to tion. Supporting shippers: There are ap­ shall be, during the time this order re­ proximately 17 statements of support mains in force, those voluntarily agreed operate as a contract carrier, by motor vehicle, over irregular routes, trans­ attached to the application, which may upon by and between said carriers; or be examined or copies thereof which may upon failure of the' carriers to so agree, porting: New automobiles and trucks, in secondary movements, in truckaway be examined at the field office named said divisions shall be those hereafter below. Send protests to: E. K. Willis, Jr., fixed by the Commission in accordance service, for the account of General Motors Corp., from Kinsler Station, S.C., to District Supervisor, Interstate Com­ with pertinent authority conferred upon merce Commission, Bureau of Opera­ it by the Interstate Commerce A c t."' points in Georgia and South Carolina, for 180 days. N o t e : The purpose of this tions, 513 Thomas Building, 1314 Wood (f) Effective date: This order shall Street, Dallas, Tex. 75202. become effective at 6 p.m., April 10, 1969. republication is to include trucks, in­ (g) Expiration date: This order shall advertently omitted in previous publi­ No. MC 60012 (Sub-No. 80 T A ), filed expire at 11:59 p.m., April 16, 1969, un­ cation. Supporting shipper: General April 8, 1969. Applicant: RIO GRANDE less otherwise modified, changed, or Motors Corp., Chevrolet Motor Division, MOTOR WAY, INC., 1400 West 52d suspended. General Motors Building, Detroit, Mich. Avenue, Denver, Colo. 80216. Applicant’s It is further ordered, That this order 48202. Send protests to: G. J. Baccei, representative: Warren D. Braucher, shall be served upon the Association of District Supervisor, Interstate Commerce Rost Office Box 5482, Denver, Colo. 80217. American Railroads, Car Se'rvice Divi­ Commission, Bureau of Operations, Authority sought to operate as a com­ sion, as agent of all railroads subscribing Room 181, 1240 East Ninth Street, mon carrier, by motor vehicle, over reg­ to the car service and per diem agree­ Cleveland, Ohio 44199. ular routes, transporting: Classes A and ment under the terms of that agree­ No. MC 2392 (Sub-No. 71 T A ), filed B explosives, from Grand Junction, Colo., ment; and that it be filed with the April 9, 1969. Applicant: WHEELER to Price, Utah, and from Price, Utah, to Director, Office of the Federal Register. TRANSPORT SERVICE, INC., Post Of­ Grand Junction, Colo., from Junction fice Box 14248, West Omaha Station, over U.S. Highway 6 to Price, and return Issued at Washington, D.C., April 10, over the same route, serving all inter­ 1969. Omaha, Nebr. 68114. Authority sought to operate as a common carrier, by motor mediate points, for 180 days. N o t e : Ap­ I n te r sta te C o m m er c e vehicle, over irregular routes, transport­ plicant intends to interline with other C o m m is s io n , ing: Fertiliser materials, in bulk, from carriers at Denver, Colo., and Salt Lake [ seal] R. D. P f a h le r , Des Moines, Iowa, to points in Illinois, City, Utah, and to tack with present au­ Agent. Kansas, Minnesota, Missouri, Nebraska, thority in MC 60012 and Subs 28, 29, 30,. IPJt. Doc. 69-4535; Filed, Apr. 16, 1969; South Dakota, and Wisconsin, for 150 32, 38, 58, and 70. Supporting shipper: 8:49 a.m.] days. Supporting shipper: Texas Gulf Military Traffic Management and Ter­ Sulphur Co., 811 Rusk Avenue, Suite minal Service, Washington, D.C. Send 1704, Houston, Tex. 77002. Send protests protests to: District Supervisor C. W. [Notice 815] to: Keith P. Kohrs, District Supervisor, Buckner, Interstate Commerce Commis­ sion, Bureau of Operations, 2022 Federal m oto r c a r r ier t e m p o r a r y Interstate Commerce Commission, Bu­ reau of Operations, 705 Federal Office Building, Denver, Colo. 80202. a u t h o r ity applications Building, Omaha, Nebr. 68102. No. MC 61396 (Sub-No. 212 T A ), filed A p r il 14, 1969. No. MC 30319 (Sub-No. 137 T A ) (Cor­ April 8, 1969. Applicant: HERMAN orTv6 £?^owing are notices of filing of rection) , filed March 24, 1969, published BROS. INC., 2501 No. 11 Street, Omaha, PPhcations for temporary authority in F ederal R egtster, issue of April 2, Nebr. 68101. Authority sought to operate section 210a(a) of the Inter­ 1969, and republished as corrected this as a common carrier, by motor vehicle, n e Commerce Act provided for under issue. Applicant: SOUTHERN PACIFIC over irregular routes, transporting: Fer­ X q 111168 of Ex Parte No. MC-67 TRANSPORT COMPANY, 733 South tilizer materials, in bulk and in bags, F CPR Part 340), published in the Poydras, Post Office Box 6187, Dallas, from Des Moines, Iowa, to points in Mis­ eflvE« AL R eg ister, issue of April 27, 1965, Tex. 75222. Applicant’s representative: souri, Kansas, Nebraska, South Dakota, t ^ 6 ™ * *■» 1965. These rules provide R. B. Coghlan (same address as above). Minnesota, Wisconsin, and Illinois, for nii/»o

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6616 NOTICES

No. MC 8948 (Sub-No. 84 T A ), filed on the other, points in Fulton, Han­ No. MC 128763 (Sub-No. 5 T A ), filed April 9, 1969. Applicant: WESTERN cock, Henderson, Knox, McDonough, April 7, 1969. Applicant: K. H. TRANS­ GILLETTE, INC., 2550 East 28th Street, Mercer, and Warren Counties, 111., for PORT, INC., R.F.D. No. 2, Ellicott City, Los Angeles, Calif. 90058. Authority 180>days. Supporting shippers: (1) Bur­ Md. 21043. Applicant’s representative: sought to operate as a common carrier, lington Bank and Trust Co., Burlington, Chester A. Zyblut, 1522 K Street NW., by motor vehicle, over irregular routes, Iowa 52601; (2) State Bank of Rich­ Washington, D.C. 20005. Authority transporting: Nitrosyl chloride, in bulk, mond, Richmond, 111. 60071. Send pro­ sought to operate as a contract carrier, in shipper-owned trailers, from plantsite tests to: Anthony Chiusano, District by motor vehicle, over irregular routes, of Air Products and Chemicals, Inc., at Supervisor, Interstate Commerce Com­ transporting: Specialty hardware for or near Hercules, Calif., to Indianapolis, mission, Bureau of Operations, 26 Fed­ furniture, (a) from Genesee, Pa., to At­ Ind., for 180 days. Supporting shipper: eral Plaza, N.Y. 10007. lanta, Ga.; Birmingham, Ala.; Chicago, Air Products and Chemicals, Inc., Allen­ No. MC 114632 (Sub-No. 21 T A ), filed 111.; Florence, Ky.; and Dallas and town, Pa. Send protests to: District April 7, 1969. Applicant: APPLE LINES, Houston, Tex., and (b) from Baltimore, Supervisor Robert G. Harrison, Inter­ INC., 225 South Van Epps Avenue, Madi­ Md., to Atlanta, Ga.; Birmingham, Ala.; state Commerce Commission, Bureau of son, S. Dak. 57042. Applicant’s represent­ Chicago, 111.; Florence, Ky.; New York, Operations, Room 7708, Federal Build­ ative: Robert A. Appelwick (same ad­ N.Y.; and Dallas and Houston, Tex., for ing, 300 North Los Angeles Street, Los dress as above). Authority sought to 150 days. Supporting shipper: Maurice Angeles, Calif. 90012. operate as a common carrier, by motor Rudow, El-Mar Industries, Inc., 4715 No. MC 107295 (Sub-No. 179 TA) vehicle, over irregular routes, transport­ East Wabash Avenue, Baltimore, Md. (Amendment), filed March 20,1969, pub­ ing: Meat, meat products, and packing­ 21215. Send protests to: William L. lished in F ederal R eg ister , issues of house products as set forth in section Hughes, District Supervisor, Interstate March 29, 1969, and republished A and C, Descriptions in Motor Carrier Commerce Commission, Bureau of Op­ amended this issue. Applicant: PRE-FAB Certificates, 61 M.C.C. 209 and 766 (ex­ erations, 1125 Federal Building, Balti­ TRANSIT CO., 100 South Main Street, cept hides and commodities in bulk, from more, Md. 21201. Post Office Box 146, Farmer City, 111. plantsite and/or warehouse facilities of No. MC 133610 TA, filed April 7, 1969. 61842. Authority sought to operate as a Spencer, Iowa 51301, John F. Hummel, Applicant: MAURICE SHAPIRO, doing common carrier, by motor vehicle, over Traffic Manager. Send protests to: J. L. business as PROGRESS AIRLINE DE­ irregular routes, transporting: Lumber Hammond, District Supervisor, Inter­ LIVE RY SERVICE, 43 Progress Street, products and hardwood flooring, from state Commerce Commission, Bureau of Union, N.J. 07083. Applicant’s represent­ Ishpeming, Mich., and White Lake, Wis., Operations, Room 369, Federal Building, ative: Herman B. J. Weckstein, Counsel­ to points in Alabama, Florida, Georgia, Pierre, S. Dak. 57501. lor at Law, 60 Park Place, Newark, N.J. Louisiana, Maryland, Mississippi, New No. MC 119757 (Sub-No. 2 T A ), filed 07102. Authority sought to operate as a Jersey, New York, North Carolina, Penn­ April 7, 1969. Applicant: HOME OIL common carrier, by motor vehicle, over sylvania, South Carolina, Virginia, and AND GAS CORPORATION, doing busi­ irregular routes, transporting: Personal West Virginia, for 180 days. N o t e : The ness as MISSOURI TRANSPORTS, 915 baggage and effects, company mail, purpose of this republication is to add Atchison Street, St. Joseph, Mo. 64503. ground equipment, and automotive parts New Jersey as a destination State and to Applicant’s representative: Warren H. and aircraft parts, between Newark, N.J., include the name of the supporting Sapp, 450 Professional Building, Kansas Airport, on the one hand, and, on the shipper. Supporting shipper: Robbins City, Mo. 64106. Authority sought to op­ other points in Connecticut and New Flooring Co., Ishpeming, Mich. 49849. erate as a common carrier, by motor ve­ Jersey, and Bronx, Dutchess, Kings, Send protests to: Harold C. Jolliff, Dis­ hicle, over irregular routes, transporting: Nassau, New York, Orange, Queens, trict Supervisor, Interstate Commerce Petroleum products (except those requir­ Richmond, Rockland, Suffolk, Sullivan, Commission, Bureau of Operations, ing temperature control) in bulk, in tank Ulster, and Westchester Counties, N.Y., Room 476, 325 West Adams Street, vehicles, from Wathena, Kans., to points for 150 days. Supporting shippers: (1) Springfield, 111. 62704, in Missouri on, north and west of a line American Airlines, Newark Airport, No. MC 107295 (Sub-No. 192 T A ), filed beginning at Kansas City and extending Newark, N.J. 07114; (2) New York Air­ April 8, 1969. Applicant: PRE-FAB along U.S. Highway 40 to Grain Valley, ways, Inc., Post Office Box 426, LaGuar- TRANSIT CO., 100 South Main Street, thence north along an unnumbered high­ dia Airport Station, Flushing, N.J. Farmer City, 111. 61842. Authority sought way through Buckner, Sibley, and Mil- 11371. Send protests to: District Super­ to operate as a common carrier, by motor tondale to Excelsior Springs, thence visor Walter J. Grossmann, Bureau of vehicle, over irregular routes, transport­ along U.S. Highway 69 to the Missouri- Operations, Interstate Commerce Com­ ing : Portable buildings and prefabricated Iowa State line, for 150 days. Support­ mission, 970 Broad Street, Newark, N.J. greenhouses, from Phoenix, Ariz., to ing shippers: King City Oil Co., King 07102. points in the United States except City, Mo. 64463; Mutz Oil Co., Post Office M otor C arrier o f P assengers Alaska, Hawaii, and Arizona, for 180 Box 470, Maryville, Mo. 64468. Send pro­ days. Supporting shipper: Hydroculture, tests to: Vernon V. Coble, District Super­ No. MC 129736 (Sub-No. 1 T A ), filed Inc., 1516 North Seventh Avenue, Phoe­ visor, Interstate Commerce Commission, April 8, 1969. Applicant: NEWTON BUS nix, Ariz. 85007. Send protests to: Bureau of Operations, 911 Walnut Street, SERVICE, INC., Route 1, Post Office Box Harold C. Jolliff, District Supervisor, Kansas City, Mo. 64106. 8-D, Gloucester, Va. 23061. Applicants Interstate Commerce Commission, Bu­ No. MC 125760 (Sub-No. 2 T A ), filed representative: Alvin L. Newton (same reau of Operations, Room 476, 325 West April 9, 1969. Applicant: GLENN W. address as above). Authority sought to Adams Street, Springfield, 111. 62704. ■ MEANS, 1597 Pittsburgh Road, Franklin, operate as a contract carrier, by motor No. MC 112750 (Sub-No. 266 T A ), filed Pa, 16323. Applicant’s representative: vehicle, over irregular routes, transport­ April 7, 1969. Applicant: AMERICAN John E. McFate, 229 Elm Street, Oil City, ing: Passengers and their baggage ana COURIER CORPORATION, 2 Nevada Pa. 16301. Authority sought to operate as equipment, restricted to individuals who Drive, Lake Success, N.Y. 11040. Appli­ a contract carrier, by motor vehicle, over are players, officials, and employees o cant’s representative: Gerard L. Peace irregular routes, transporting: Dairy Peninsula Baseball Club. Inc., beginning (same address as above). Authority products, from Cleveland, Ohio, to points in Hampton, Va., and extending to Ra- sought to operate as a contract carrier, in Erie, Crawford, Venango, Forest, War­ leigh, Durham, High Point, Thomasvilie, by motor vehicle, over irregular routes, ren, McKean, Elk, and Cameron Coun­ Winston-Salem, Burlington, R°c^y transporting: Commercial papers, docu­ ties, Pa., for 180 days. Supporting ship­ Mount, Kinston, and Red Springs, N.u, ments, written instruments, and business per: Quality Markets, Inc., 101 Jackson for 150 days. Supporting shipper: Penin­ records (except currency and negotiable Avenue, W.E., Post Office Box 130, James­ sula Baseball Club, Inc., Post Office Box securities) as are used in the business town, N.Y. 14701. Send protests to: John 1305, Wythe Station, Hampton, va, of banks and banking institutions; J. England, District Supervisor, Inter­ state Commerce Commission, Bureau of 23361. Send protests to: Robert W. Wa - (1) between Richmond, 111., and Mil­ dron, District Supervisor, Interstate waukee, Wis.; (2) between Cedar Operations, 2109 Federal Building, Pitts­ Rapids, Iowa, on the one hand, and, burgh, Pa. 15222. Commerce Commission, Bureau of Oper-

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6617 ations, 10-502 Federal Building, Rich­ No. MC-FC-71170. By order of ing, Indianapolis, Ind. 46204, attorney for mond, Va. 23240. March 28,1969, the Motor Carrier Board applicants. By the Commission. approved the transfer to Jersey Express, No. MC-FC-71236. By order of March Inc., East Rutherford, N.J., of the op­ 28, 1969, the Motor Carrier Board ap­ [ seal! H . N e il G a r so n , erating rights in certificate No. MC- proved the transfer to Paul W. Duffy and Secretary. 64202 issued December 29, 1965, to Ray F. De Blass, doing business as Duffy [F.R. Doc. 69-4542; Filed, Apr. 16, 1969; R.J.M. Express, Inc., Garfield, N.J., au­ and De Blass, Bellaire, Ohio, of a por­ 8:50 a.m.] thorizing the transportation of: Silks, tion of certificate No. MC-47157, issued acetates, rayon, and dyed and processed May 12, 1966, to Pete* Zukoff, Mounds- materials, between Paterson, N.J., and [Notice 327] ville, W. Va., authorizing the tranporta- Sloatsburg, N.Y., serving no intermedi­ tion of : Construction materials and ma­ MOTOR CARRIER TRANSFER ate points; between New York, N.Y., and chinery, and agricultural commodities PROCEEDINGS Sloatsburg, N.Y., serving intermediate and feeds, paper and paper containers, and off-route points in the New York, fertilizer, and coal, from, to, or between A p r il 14, 1969. N.Y., commercial zone, as defined by the West Virginia, -Ohio, and Pennsylvania. Synopses of orders entered pursuant Commission in 1 M.C.C. 665; general D. L. Bennett, 129 Edgington Lane, to section 212(b) of the Interstate Com­ commodities, with the usual exceptions, Wheeling, W. Va., 26003, registered prac­ merce Act, and rules and regulations between Passaic, Paterson, and Clifton, titioner, for applicants. prescribed thereunder (49 CFR Part N.J., and points in Bergen County, N.J., 1132), appear below: on the one hand, and, on the other, [ s e a l ] h . N e il G a r s o n , As provided in the Commission’s spe­ points in the New York, N.Y., commercial Secretary. cial rules of practice any interested per­ zone, as defined by the Commission in 1 [F.R. Doc. 69-4543; Filed, Apr. 16, 1969; son may file a petition seeking recon­ M. C.C. 665; paints, varnishes, water- 8:50 ajm ] sideration of the following numbered proofings, dry pigments, and empty con­ tainers, from Ridgefield, N.J., to Scars- proceedings within 20 days from the date [Notice 327A] of publication of this notice. Pursuant to dale, White Plains, and Mount Vernon, section 17(8) of the Interstate Com­ N. Y., with no transportation for com­ MOTOR CARRIER TRANSFER merce Act, the filing of such a petition pensation on return except as otherwise PROCEEDINGS will postpone the effective date of the authorized. George A. Olsen, 69 Tonnele order in that proceeding pending its dis­ Avenue, Jersey City, N.J. 07306, practi­ A p r il 14, 1969. position. The matters relied upon by tioner for applicants. Synopses of orders entered pursuant petitioners must be specified in their pe­ No. MC-FC-71171. By order of March to section 212(b) of the Interstate Com­ titions with particularity. 28, 1969, the Motor Carrier Board ap­ merce Act, and rules and regulations No. MC-FC-71219. By order of March proved the transfer to George C. Open- prescribed thereunder (49 CFR Part 28, 1969, the Motor Carrier Board ap­ hym, Jr., and Margaret T. Openhym, 1132), appear below: proved the transfer to El Paso-Los"'An­ doing business as Wallington Motor As provided in the Commission’s gen­ geles Limousine Express, Inc., 301 West Lines, Clifton, N.J., of the operating eral rules of practice any interested per­ San Francisco Street, El Paso, Tex. rights in certificate No. MC-64202 (Sub- son may file a petition seeking reconsid­ 79901, of certificate No. MC-125115 (Sub- No. 2) issued November 26, 1965, to eration of the following numbered pro­ No. 2), issued January 5, 1967, to Louis R.J.M. Express, Inc., Wallington, N.J., ceedings within 30 days from the date Rosenbaum, doing business as El Paso- authorizing the transportation of: Gen­ of service of the order. Pursuant to sec­ Los Angeles Limousine Express, 301 West eral commodities, with the usual excep­ tion 17(8) of the Interstate Commerce San Francisco Street, El' Paso, Tex. 79901, tions, between points in Morris County, Act, the filing of such a petition will post­ authorizing the transportation of: Pass­ N.J., on the one hand, and, on the other, pone the effective date of the order in engers and their baggage, limited to the New York, N.Y. George A. Olsen, 69 Ton­ that proceeding pending its disposition. transportation of not more than eight nele Avenue, Jersey City, N.J. 07306, The matters relied upon by petitioners passengers in any one vehicle (not in­ practioner for applicants. must be specified in their petitions with cluding the driver thereof), in limousine No. MC-FC-71172. By order of March particularity. service, between El Paso, Tex., and Los 28, 1969, the Motor Carrier Board ap­ No. MC-FC-70834. By order of April 8, Angeles, Calif., serving no intermediate 1969, the Commission, Division 3, acting Points. proved the transfer to George C. Open- 1960, to Margaret T. Openhym doing as an Appellate Division, approved the .,No- MC-FC-71167. By order of business as Wallington Motor Lines, Clif­ transfer to H. J. Russell’s, Inc., Vestal, March 28,1969, the Motor Carrier Board ton, N.J., of the operting rights in cer­ N.Y., of the certificate in No. MC-35677, approved the transfer to Garden State tificate No. MC-93711 issued October 12, issued April 19, 1956, to Serafina Con­ ^ v e i y Service, Inc., New York, N.Y., 1960, to Margaret T. Openhym doing struction Co., Inc., Binghamton, N.Y., operating rights in certificate No. business as Wallington Motor Lines, authorizing the transportation of sand, 16453 issued August 12, 1964, to Wallington, N.J., authorizing the trans­ gravel, crushed stone, bituminous road Jersey Express, Inc., East Rutherford, portation of: Foodstuffs and paper, be­ building materials, and road building •J., authorizing the transportation of: tween points in Passaic, Bergen, Essex, machinery, equipment, and supplies be­ ouwi merchandise as is dealt in by nov- Hudson, and Union Counties, N.J., on tween Binghamton, Willow Point, and from Lyndhwst, n .J., to New the one hand, and, on the other, New Chenango Bridge, N.Y., on the one hand, cnmrL— wittl no transportation for York, N.Y. George A. Olsen, 69 Tonnele and, on the other, points in New York, ompensataon on return except as other- Avenue, Jersey City, N.J. 07306, practi­ and Pennsylvania within 80 miles of N ® auto°rized; paint pigments, from tioner for applicants. Binghamton. Thomas L. Nestor, n , 14 Newarl£, N.J., with no Washington Avenue, Endicott, N.Y., at­ No. MC-FC-71226. By order of March torney for applicants. tiiT^Sf>0r^a^lon for compensation on re- 28, 1969, the Motor Carrier Board ap­ sW * excei>t as otherwise authorized; proved the transfer to David L. Barr, [ s e a l ] h . N e il G a r s o n , Newnr-i?8^6^’ b^ween Lyndhurst and Brazil, Ind., of certificate No. MC-99539 Secretary. t h e on the one hand> and, on (Sub-No. 1), issued August 25, 1964, to [F.R. Doc. 69-4544; Filed, Apr. 16, 1969; Ne^ York> N.Y.; ladies’ under- Herbert M. Underwood, Brazil, Ind., au­ 8:50 a.m.] suDniipJ*’ a*ld textiles, materials, and thorizing the transportation of general in the manufacture of commodities, except those of unusual Ym-k *r ^dergarments, between New value, classes A and B explosives, live­ [Notice 327B] other t one hand> and, on the stock, commodities in bulk, and those re­ MOTOR CARRIER TRANSFER 12 i i LN'J•• and Points within quiring special equipment, over regular PROCEEDINGS 69 ^Yndhurst. George A. Olsen, routes, between Terre Haute, Ind., and 0730fi^2eA Avenue- Jersey City, N.J. Carbon, Ind., serving specified inter­ A p r il 14, 1969. cants’ eg^s^ered Practitioner for appli- mediate and off-route points. Ferdinand Application filed for temporary au­ ( Bom, 601 Chamber of Commerce Build­ thority under section 210(a) (b) in con- FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6618 NOTICES nection with transfer application under Wyo.; of certificate in No. MC-115540, Trucking, Jamestown, N.Y., authorizing section 212(b) and Transfer Rules, 49 issued January 7, 1960, to Gordon A. the transportation o f: General commodi­ CFR Part 1132: Blaney and Crystol L. Blaney, a part­ ties, with the usual exceptions, between No. MC-FC-71313. By application filed nership, doing business as Blaney Jamestown, N.Y., and Warren, Pa. Ken­ April 4, 1969, STEWART DOYLE, INC., Transfer and Storage, Worland, Wyo.; neth T. Johnson, Bank of Jamestown doing business as DOYLE TRANSIT authorizing the transportation of: Drill­ Building, Jamestown, N.Y. 14701, at­ COMPANY, 63 North Fifth Street, Fargo, ing muds, bentonite, chemicals, and torney for applicants. N. Dak., seeks temporary authority to other lost circulating materials used in No. MC-FC-71241. By order of lease the operating rights of NORTH­ drilling and maintaining wells for the March 28, 1969, the Motor Carrier Board ERN TRANSIT COMPANY, 216 North discovery, development and production approved the transfer to John J. Turner, 11th Street, Fargo, N. Dak., under sec­ of natural gases and petroleum, and, doing business as O’Neill Transfer, tion 210a(b). The transfer to STEWART portable storage buildings utilized at such O’Neill, Nebr., of certificate of registra­ DOYLE, INC., doing business as DOYLE drilling sites, between Greybull, Wyo., tion No. MC-121008 (Sub-No. 1) issued TRAN SIT COMPANY, of the operäting and points within 10 miles thereof, on October 19, 1967, to Chambers Transfer, rights of NORTHERN TRANSIT COM­ the one hand, and, on the other, points Chambers, Nebr., evidencing a right to PANY, is presently pending. in Montana. Robert S. Stauffer, 1510 engage in interstate or foreign com­ East 20th Street, Cheyenne, Wyo. 82001, merce within the State of Nebraska, in By the Commission. attorney for applicants. the transportation of general commodi­ [ s e a l ] H. N e il G a r so n , No. MC-FC-71211. By order of ties. Richard A. Peterson, Post Office Box Secretary. March 28, 1969, the Motor Carrier Board 806, Lincoln, Nebr. 68501, attorney for [F.R. Doc. 69-4545; Filed, Apr. 16, 1969; approved the transfer to L. & M. Ex­ applicants. 8:50 a.m.] press Co., Inc., Lyndhurst, N.J., of the [ s e a l ] H . N e il G arson, operating rights in certificate No. MC- Secretary. 44639 and subs thereunder, issued to [F.R. Doc. 69-4443; Filed, Apr. 15, 1969; [Notice 326] Sam Maita and Irving Levin, doing busi­ 8:48 a.m.] ness as L. & M.-Express Co., Lyndhurst, MOTOR CARRIER TRANSFER N.J., authorizing the transportation of: PROCEEDINGS Wearing apparel, garments, uncut goods, A p r il 11, 1969. trimmings, and articles used in the man­ ufacture of wearing apparel, between Synopses of orders entered pursuant to DEPARTMENT OF THE TREASURY points in New York, New Jersey, and Vir­ section 212(b) of the Interstate Com­ ginia. Herman B. J. Weckstein, 60 Park Fiscal Service merce Act, and rules and regulations Place, Newark, N.J. 07102, attorney for prescribed thereunder (49 CFR Part [Dept. Circ. 570,1968 Rev., Supp. 13] applicants. 1132), appear below: No. MC-FC-71213. By order of PUERTO RICAN-AMERICAN As provided in the Commission’s March 28, 1969, the Motor Carrier Board INSURANCE CO. special rules of practice any interested approved the transfer to Colwell Cartage person may file a petition seeking recon­ Co., Inc., 12 Becraft Avenue, Hudson, N.Y. Surely Company Acceptable on sideration of the following numbered 12534, of the certificate in No. MC-17025, Federal Bonds proceedings within 20 days from the date issued July 25, 1967, to Christopher J. A Certificate of Authority as an accept­ of publication of this notice. Pursuant to Groll and Ellen C. Groll, doing business section 17(8) of the Interstate Com­ able surety on Federal bonds has been as Colwell Cartage Co., 12 Becraft Ave­ issued by the Secretary of the Treasury merce Act, the filing of such a petition nue, Hudson, N.Y. 12534, authorizing will postpone the effective date of the to the following company under sections the transportation of household goods 6 to 13 of title 6 of the United States order in that proceeding pending its dis­ between Hudson, N.Y., and points within position. The matters relied upon by Code. An underwriting limitation of 15 miles thereof, on the one hand, and, $365,000 has been established for the petitioners must be specified in their on the other, points in New York, Con­ petitions with particularity. necticut, New Jersey, and Pennsylvania. company. No. MC-FC-70974. By order of March No. MC-FC-71214. By order of Name of company, location of principal ex- 28, 1969, the Motor Carrier Board ap­ March 28, 1969, the Motor Carrier Board - ecutive office, and area in which incorpo­ proved the transfer to Russell Trum- approved the transfer to Complete Auto rated bauer, Warren E. Fluck, and William F. Transit, Inc., a Delaware corporation, Puerto Rican-American Insurance Company Voight, Jr., a partnership, doing business Southfield, Mich., of permit No. MC- San Juan, Puerto Rico as The Buskirk Co., 3333 Freemansburg 49368 and subs thereunder, issued to Avenue, Easton, Pa. 18042, of the operat­ Complete Auto Transit, Inc., a Michigan Certificates of Authority expire on ing rights in certificate No. MC-77598 corporation, Southfield, Mich., author­ June 30 each year, unless sooner revoKea, issued August 27, 1951, to Nicholas izing the transportation of various types and new certificates are issued on J w Donato and Nick DiVietro, a partnership, of motor vehicles, bodies, chassis, etc., so long as the companies remain quaiinea doing business as Easton Trucking Co., between points in Arkansas, Illinois, In ­ (31 CFR Part 223). A list of quaiinea 686 Pearl Street, Easton, Pa. 18042, diana, Iowa, Kentucky, Michigan, Mis­ companies is published annually as o authorizing the transportation of house­ souri, Ohio, Pennsylvania, Tennessee, July 1 in Department Circular 570, with hold goods as defined by the Commission, West Virginia, Alabama, Florida, details as to underwriting lbnitetjons, between Easton, Pa., and points in Penn­ Georgia, Mississippi, North Carolina, areas in which licensed to transact na sylvania within 10 miles thereof, on the South Carolina, Louisiana, Virginia, Ne­ ity and surety business and^othei; infor­ one hand, and, on the other, points in braska, Texas, Oklahoma, Wisconsin, mation. Copies of the circular, when is­ New York, New Jersey, and Massachu­ Nevada, New Mexico, Utah, Wyoming, sued, may be obtained from the Treasiuy setts; and printed matter, between Kansas. Wilhelmina Boersma, 1600 First Department, Bureau of Accounts, Audi Easton, Pa., and points in Pennsylvania Federal Building, Detroit, Mich. 48226, Staff, Washington, D.C. 20226. within 5 miles thereof, on the one hand, attorney for applicants. and, on the other, Washington, N.J. No. MC-FC-71240. By order of Dated: April 11, 1969. No. MC-FC-71073. By order of March 28, 1969, the Motor Carrier Board [ s e a l ] J o h n K. C arlock, March 28, 1969, the Motor Carrier Board approved the transfer to Hanson Cartage, Fiscal Assistant Secretary. approved the transfer to Edward Rech Inc., Jamestown, N.Y., of certificate No. MC-47830 issued March 4, 1941, to Jack [F.R. Doc. 69—4556; Filed, Apr. 16. and Barbara Rech, a partnership, doing 8:51 a.m.] business as Rech Trucking, Greybull, Hanson, doing business as Hanson

FEDERAL REGISTER, V O L 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6619

land entity under said area office juris­ land Title Plant, Bureau of Indian A f­ DEPARTMENT OF THE INTERIOR diction, is transferred to the Phoenix fairs, 1425 Northeast Irving Street, Port­ • Bureau of Indian Affairs Title Plant, Bureau of Indian Affairs, 124 land, Oreg. 97208. West Thomas Road, Phoenix, Ariz. 85011. Excluded from this transfer are the HEADQUARTERS ADMINISTRATIVE 3. Anadarko Area. The official custody land records pertaining to the White OFFICER of all land records and source title docu­ Earth Indian Reservation in the State of ments pertaining to Indian-owned trust Redelegation of Authority Minnesota. The official custody of these or restricted lands under the jurisdic­ records remains with the Bureau of In ­ A p r il 10, 1969. tion of the Anadarko Area Office, and dian Affairs, Washington, D.C., and that whether within or without the bound­ Bureau of Indian Affairs Manual 1 0 -1 , office continues to be the office of record aries of any Indian reservation or other New Paragraph 5.5. for the recording and maintenance of designated land entity under said area Redelegation of Authority to Approve these records. office jurisdiction, is transferred to the 7. Muskogee Area. The official custody Advertising Orders (Standard Form No. Phoenix Title Plant, Bureau of Indian 1143 7 GAO 5200-1143-105). of all land records and source title docu­ Affairs, 124 West Thomas Road, Phoenix, Bureau of Indian Affairs Manual 10 Ariz. 85011. ments pertaining to Indian-owned trust BIAM 5. is amended by additional para­ or restricted lands on the Eastern Shaw­ 4. Billings Area. The official custody of graph under section 10 BIAM 5., author­ nee, Quapaw, and Seneca Cayuga Indian all land records and source title docu­ ity of Central Office Personnel. ments pertaining to Indian-owned trust Reservations in the State of Oklahoma, under the jurisdiction of the Muskogee 5.5 Advertising. The Headquarters Ad­or restricted lands under the jurisdiction ministrative Officer or anyone acting in of the Billings Area Office, and whether Area Office, is transferred to the Phoenix his stead, may authorize the publication within or without the boundaries of any Title Plant, Bureau of Indian Affairs, of advertisements, notices, or proposals. Indian reservation or other designated 124 West Thomas Road, Phoenix, Ariz. 85011. Section 3828 of the Rev. Stat. (44 U.S.C. land entity under said area office juris­ 324), 205 DM 5.1. diction, is transferred to the Billings 8. Navajo Area. The official custody of T . W . T a y l o r , Title Plant, Bureau of Indian Affairs, all land records and source title docu­ Acting Commissioner. Federal Building, 316 North 26th Street, ments pertaining to Indian-owned trust Billings, Mont. 59101. or restricted lands under the jurisdiction [F.R. Doc. 69-4512; Piled, Apr. 16, 1969; of the Navajo Area Office, including 8:47 a.m.] 5. Former Gallup Area. On January 30, 1966, by order of the Commissioner of lands within the Navajo Indian Reserva­ Indian Affairs, the Albuquerque and the tion in the States of Arizona, New LAND RECORDS Navajo Area Offices were established to Mexico, and Utah, is transferred to the take over the functions and jurisdiction Phoenix Title Plant, Bureau of Indian Transfer formerly exercised by the Gallup Area Affairs, 124 West Thomas Road, Phoenix, Office, including the maintenance of the Ariz. 85011. A p r il 10, 1969. records to Indian-owned lands within 9. Phoenix Area. The official custody of In accordance with 25 CFR Part 120, that area. The official custody of all these all land records and source title docu­ and pursuant to authority delegated by records is now transferred to the Phoenix ments pertaining to Indian-owned trust Amendment No. 49 to Secretarial Order Title Plant, Bureau of Indian Affairs, 124 or restricted lands under the jurisdic­ 2508 (26 F.R. 11395), notice is hereby West Thomas Road, Phoenix, Ariz. 85011. tion of the Phoenix Area Office, and given as follows: 6. Minneapolis Area, (a) Except as whether within or without the bound­ Effective upon publication in the hereinafter set forth, the official custody aries of any Indian reservation, com­ Federal R eg ister , the Title Plants listed of all land records and source title docu­ munity, colony, or other designated land below are the offices of record for the ments pertaining to Indian-owned trust entity under said area office jurisdiction, recording and the maintenance of rec­ or restricted lands in the States of Iowa, is transferred to the Phoenix Title Plant, ords for all trust or restricted lands. Michigan, and Wisconsin under the ju­ Bureau of Indian Affairs, 124 West 1. Aberdeen Area. Except as herein­ risdiction of the Minneapolis Area Office, Thomas Road, Phoenix, Ariz. 85011. after set forth, the official custody of all and whether within or without the land records and source title documents 10. Portland Area. The official custody boundaries of any Indian reservation, of all land records and source title docu­ Pertaining to Indian-owned trust or community or other designated land restricted lands under the jurisdiction of ments pertaining to Indian-owned trust entity in said States under said area of­ or restricted lands under the jurisdiction the Aberdeen Area Office, and whether fice jurisdiction, is transferred to' the of the Portland Area Office, and whether within or without the boundaries of any Aberdeen Title Plant, Bureau of Indian Indian reservation, community or other within or without the boundaries of any Affairs, 820 South Main Street, Aberdeen, Indian reservation, community, colony, "P^hf-ted land entity under said area S. Dak. 57401. * office jurisdiction, is transferred to the or other designated land entity under Excluded from this transfer are the said area office jurisdiction, is transferred Aberdeen Title Plant, Bureau of Indian land records pertaining to the Isabella Affairs, 820 South Main Street, Aber­ to the Portland Title Plant, Bureau of deen, s. Dak. 57401. Indian Reservation in the State of Mich­ Indian Affairs, 1425 Northeast Irving igan and the Oneida Indian Reservation Street, Portland, Oreg. 97208. Excluded from this transfer are the in the State of Wisconsin. The official Jand records pertaining to the Turtle 11. Sacramento Area. The official cus­ custody of these records remains with tody of all land records and source title Mountain Indian Reservation in the the Bureau of Indian Affairs, 1951 Con­ owte ° f North Dakota and the Turtle documents pertaining to Indian-owned stitution Avenue NW., Washington, D.C. trust or restricted lands under the juris­ Mountain Off-Reservation lands in the 20242, and that office continues to be the 2 ? T 8.-of North and South Dakota. The diction of the Sacramento Area Office, office of record for the recording and and whether within or without the w j i Cus^ ° f these records is trans- maintenance of these records. boundaries of any Indian reservation, nf T/i-'0 killings Title Plant, Bureau (b) Except as hereinafter set forth, « n A®airs, Federal Building, 316 community, colony, ranchería, or other the official custody of all land records and designated land entity under said area orth 26th Street, Billings, Mont. 59101. source title documents pertaining to In ­ A1^u

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6620 NOTICES

Bureau of Land Management ALASKA 4. The lands are located in Kern County, northeast of Mojave and are ALASKA Notice of Termination of Proposed described as follows: Withdrawal and Reservation of Notice of Proposed Withdrawal and M o u n t Diablo Meridian Lands Reservation of Lands T. 31 S., R. 37 E.: A p r il 7, 1969. Sec. 24, S % ------i- 320.00 A p r il 7, 1969. Notice of an application, serial number T. 32 S„ R. 37 E.r The Bureau of Indian Affairs has filed AA-2614, for withdrawal and reservation Sec. 12, E % N E % ------80.00 an amended application, Anchorage Se­ of lands was published as F.R. Doc. 68- T. 31 S., R. 38 E.: rial No. AA-2614, for the withdrawal of 5994 on page 7499 of the issue for May 21, Sec. 14______640. 00 the lands described herein from all forms Sec. 18, lot 1 of N W % ------80.00 1968. The Bureau of Indian Affairs has N% of lot 2 Of N W % ------36.12 of appropriation under the public land amended its application so as to delete S% of lot 2 of NWy4, and— 36. 37 laws, including the mining laws, mineral the lands described herein. Therefore, E% ------320.00 leasing laws, grazing laws, and disposal under the regulations contained in 43 Sec. 20------640.00 of materials under the act of July 31, CFR 2311, such lands will be at 10 a.m. Sec. 22______640. 00 1947, as amended. The applicant agency on April 15,1969, relieved of the segrega­ Sec. 24------640. 00 desires the land as a site for additional tive effect of the above-mentioned appli­ Sec. 26______640.00 school facilities including a water well Sec. 28______640.00 cation. The lands involved in this notice Sec. 30, lot 1 of N W % ------80.00 at Togiak, Alaska. of termination are: N% of lot 2 of N W % ------37.11 For a period of 30 days from the date T o g iak , A la s k a S% of lot 2 of NW % ------37.33 of publication of this notice, all persons Lot 1 of SW% ------80.00 who wish to submit comments, sugges­ BRISTOL BAT AREA N% of lot 2 of SW% ------37. 55 tions, or objections in connection with A tract of land beginning at corner No. 3 of S% of lot 2 of SW % , and— 37. 77 the proposed withdrawal may present U.S. Survey 2051; thence N. 50°57' W., a E% ------320. 00 ’ distance of 150 feet to a point; thence N. Sec. 32------640.00 their views in writing to the undersigned 640. 00 officer of the Bureau of Land Manage­ 39° 03' E., a distance of 630 feet to a point; Sec. 34------thence S. 50° 57' E., a distance of 230 feet T. 32 S„ R. 38 E.; ment, 555 Cordova Street, Anchorage, to a point; thence S. 39°03' W., a distance Sec. 2, lot 1 of N E % ------80.00 Alaska 99501. of 300 feet to the intersection otf the east E% of KSt 2 Of N E % ------42.06 The Department’s regulation, 43 CFR line of U.S. Survey 2051 between meander W % of lot 2 of N E % ------42.18 corner 1 and property comer 2; thence N. Lot 1 of NW % ______80.00 2 3 1 1 .1 -3 (c) , provides that the authorized 42.30 officer of the Bureau of Land Manage­ 50°57' W., a distance of 80 feet to comer 2 E% of lot 2 Of NW % ------of U.S. Survey 2051; thence S. 39°03' W., a W% of lot 2 of NW%, and- 42.43 ment will undertake such investigations distance of 330 feet to corner 3 of U.S. Sur­ S% ------320.00 as are necessary to determine the exist­ vey 2051; and the true point of beginning. Sec. 4, lot 1 of N E % ------80.00 ing and potential demand for the lands E% of lot 2 of NE% ...... - 42.86 and their resources. He will also under­ The area described contains approxi­ W% of lot 2 of NE% ------42.82 take negotiations with the applicant mately 2.72 acres adjoining the present Lot 1 of NW% ______80.00 agency with the view of adjusting the Qphrvnl t p s p t v p E% of lot 2 Of NW%_:------42.78 Togiak is a native Trustee Townsite W % of lot 2 of N W % , and. 42.74 application to reduce the area to the 320.00 located approximately 60 miles west of S% ------minimum essential to meet the appli­ Sec. 6, lot 1 of N E % _ ,...... 80.00 cant’s needs, to provide for the maximum Dillingham, Alaska. E% of lot 2 Of NE% ----- —. 42.78 concurrent utilization of the lands for B u r t o n W. S il c o c k , W % of lot 2 of N E % ----- — 41.98 purposes other than the applicant’s, to State Director. E% of lot 1 of NW%—— . 40. 00 eliminate lands needed for purposes more W % of lot 1 of N W % ------37.53 [F.R. Doc. 69-4504; Filed, Apr. 16, 1969; E% of lot 2 of N W % ------41.18 essential than the applicant’s, and to 8:47 a.m.] 37. 21 reach agreement on the concurrent W% of lot 2 of NW% ------Lot 1 of SW% ------80.00 management of the lands and their N% of lot 2 of.SW% ------38.19 resources. CALIFORNIA S% of lot 2 of SW%, and—. 38. 89 The authorized officer will also prepare S E % ...... 160. 00 a report for consideration by the Secre­ Notice of Proposed Classification of Sec. 8------640. 00 tary of the Interior who will determine Public Lands for Transfer Out of Sec. 10— ______640.00 Sec. 12------640.00 whether the lands will be withdrawn as Federal Ownership 640.00 requested by the applicant agency. Sec. 14______- Sec. 20, E % ...... — — ...... 320.00 The determination of the Secretary 1. Pursuant to the Act of September 19, 640.00 1964 (43 U.S.C. 1412) it is proposed to Sec. 22------on the application will be published in Sec. 24______640.00 the F ederal R e g ist e r . A separate notice classify the public lands described below 640.00 Sec. 26______640.00 will be sent to each interested party of for transfer out of Federal ownership Sec. 28______1------640.00 record. under any of the following statutes: Sec­ Sec. 34______tion 8 of the Taylor Grazing Act (43 I f circumstances warrant, a public The land described aggregate 14.640.18 hearing will be held at a convenient time U.S.C. 315g), for Point Reyes National and place, which will be announced. Seashore, Act of September 13, 1962 (16 acres. The lands involved in the application U.S.C. 459c), or State Indemnity Lieu 5. The public lands affected by this are: Selection Act (43 U.S.C. 851, 852). proposed classification are shown on T o g iak, Ala s k a 2. This proposal has been discussed maps on file and available for inspection Lana BRISTOL BAT AREA with State and local government officials, in the District Office, Bureau of BLM advisory boards, users, conservation Management, 800 Truxtun Avenue, Room Latitude 59° 03%' N., Longitude 160° 23%' groups, and general public. 311, Bakersfield, Calif. 93301; and in the W. 3. Publication of this notice segregates Land Office, Bureau of Land Manage­ A tract of land embracing approximately ment, 1414 University Avenue, Riverside, 3.16 acres located immediately adjacent to the affected lands from all forms of dis­ the northeast boundary of the present school posal under the public land laws, includ­ Calif. 92502. reserve, U.S. Survey No. 2501. ing the mining laws, except the forms of 6. For a period of 60 days from the date disposal for which it is proposed to clas­ Togiak is a native Trustee Townsite of publication of this notice in the Fed­ sify the lands. However, publication does eral R eg ister , all persons who wish to located approximately 60 miles west of not alter the applicability of the public Dillingham, Alaska. submit comments, suggestions, or objec- land laws governing the use of the lands tions in connection with the proposed B u r t o n W. S il c o c k , under lease, license, or permit, or govern­ State Director. ing the disposal of their mineral and classification may present their views in writing to the District Manager, Bureau [F.R. Doc. 69-4503; Filed, Apr. 16, 1969; vegetative resources, other than under 8:47 am .] the mining laws. of Land Management, Bakersfield, cam.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6621

7. A public hearing will be held ifT. 29 S„ R. 34 E„ Bureau of Land Management, Room 3 1 1 , . sufficient public interest is shown. Secs. 12 and 24. Federal Building, 800 Truxtun Avenue, T. 30 S., R. 34 E., Bakersfield, Calif. 93301. For the State Director. Secs. 2 and 12. T. 29 S., R. 35 E., 4. A public hearing on the proposed R o bert J. S p r in g e r , Secs. 2, 3, 4, 6, 7, 8, 10, 12, 14, 18, 20, 22, classification will be held on Wednesday, District Manager. 24, 26, 28, 30, and 32. May 28, 1969 at 10:30 a.m. in the West [F.R. Doc. 69-4508; Filed, Apr. 16, 1969; T. 30 S., R. 35 E„ Area of the Sports Arena at California 8:47 ajn .] Secs. 2, 10, 14, 18, 23, 27, 28, 30, 32, and 34. City, Kern County, Calif. T. 29 S., R. 36 E., Secs. 2, 4, 5, 6, 8, 10, 12, 14, 15, 18, 19, 20, For the State Director. [R-1658, S-1795] 22, 23, 24, 26, 28, 29, 30, 32, and 34. T. 30 S., R. 36 E„ R obert J. S p r in g e r , CALIFORNIA Secs. 2, 4, 8, 10, 12, 14, 16, 18, 20, 22, District Manager. 24, 26, 28, 30, 32, and 34. [F.R. Doc. 69-4509; Filed, Apr. 16, 1969; Notice of Proposed Classification of T. 30 S., R. 36 y2 E„ 8:47 a.m.] Public Lands for Multiple-Use Secs. 1, 12, 13, 24, 25, and 36. T. 30 S., R. 37 E., Management Secs. 1, 2, 3, 4, 6, 8, 10, 11, 12, 14, 15, [Sacramento 2460] 1. Pursuant to the Act of Septem­ 18, 20, 21, 22, 28, 30, 32, 33, and 34. ber 19, 1964 (43 U.S.C. 1411-18) and to Bloch No. 3 CALIFORNIA the regulations in 43 CFR Parts 2410 and T. 31 S„ R. 33 E„ Opening of National Forest Lands 2411, it is proposed to classify for multi­ Secs. 1 and 11; ple-use management the public lands Secs. 12 to 14, inclusive; A p r il 10,1969. within the area described below. Publica­ Secs. 23, 24, and 26. 1. In DA-1059-California dated Feb­ tion of this notice has the effect of T. 30 S„ R. 34 E„ ruary 13, 1969, the Federal Power Com­ segregating the described lands in Blocks Secs. 26, 34, and 36. T. 31 S., R. 34 E„ mission vacated the withdrawal created 1., 2., and 3. from appropriation under pursuant to the filing on March 29, 1960, the agricultural land laws (43 U.S.C. Secs. 1 to 6, inclusive; Secs. 8 and 9; of an amended application for license Parts 7 and 9; 25 U.S.C. sec. 334), from Secs. 11 to 16, inclusive; for Oroville-Wyandotte Irrigation Dis­ sales under section 2455 of the Revised Secs. 18, 20, 21, 23, 24, and 26. trict South Fork Project No. 2088 Statutes (43 U.S.C. 1171) and, of segre­ T. 32 S„ R. 34 E„ (Feather River) for the following lands: gating the lands described in Block 4. Secs. 2, 12, 14, and 24. from appropriation only under the agri­ T. 31 S„ R. 35 E„ M o u n t Diablo Merid ian cultural land laws (43 U.S.C. Parts 7 and Secs. 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, T. 20 N„ R. 8 E„ 9; 25 U.S.C. sec. 334). The land shall re­ 24, 26, 28, 30, 32, and 34. Sec. 3, Sy2SWi4 and SW % SE% . main open to all other applicable forms T. 32 S„ R. 35 E., Secs. 2, 4, 6, 8, 10, 12, 14, 18, 20, 22, 24, The areas described aggregate approxi­ of appropriation including the mining 26, 28, 30, 32, and 34. and mineral leasing laws. As used herein, mately 120 acres in Plumas County with­ T. 31 S„ R. 36 E„ in the Plumas National Forest. “public lands” means any lands with­ Secs. 1 to 6, inclusive; drawn or reserved by Executive Order Secs. 8 to 10, inclusive; 2. By virtue of the authority vested in No. 6910 of November 26, 1934, as Secs. 12, 14, 18, 20, 22, 24, 26, 28, 30, 32, the Secretary of the Interior by section amended, or within a grazing. district and 34. 24 of the Act of June 10, 1920 (41 Stat. established pursuant to the Act of June T. 32 S., R. 36 E„ 1075; 16 U.S.C. 818) , as amended, and 28, 1934 (48 Stat. 1269), as amended, Secs. 4, 6, 8, and 18. pursuant to Bureau Order No. 701 of July T. 31 S., R. 36y2 E„ 23, 1964, as amended, and pursuant to which are not otherwise withdrawn or Secs. 12, 13, and 24. reserved for Federal use or purpose. T. 31 S., R. 37 E., authority redelegated to me by the Act­ 2. The public lands located within the Secs. 5 and 6. ing Manager on November 18, 1965 (30 following described areas are shown on F.R. 14444), as amended, it is hereby Bloch No. 4* maps designated 2412-04-01-32 (R-1658) ordered that the lands listed in para­ (S-1795) in the District Office, Bureau T. 31 S., R. 37 E„ graph 1 hereof are hereby open to such of Land Management, Bakersfield, Calif. Sec. 24. forms of disposal as may by law be made 93301, and in the Land Offices, 1414 Uni­ T. 32 S„ R. 37 E„ of National Forest lands effective at 10 Sec. 12, N»/2. a.m. on May 12, 1969, subject to existing versity Avenue, Riverside, Calif. 92502, T. 30 S., R. 38 E., and 2800 Cottage Way, Room E-2820, Secs. 1, 2, and 3, unsurveyed; rights, the provisions of existing with­ Sacramento, Calif. 95825. Sec. 4; drawals, and the requirements of appli­ The overall description of the area is Secs. 8 to 16, inclusive, unsurveyed; cable laws and regulations. as follows: Secs. 21 to 24, inclusive, unsurveyed; E l iz a b e t h H. M id t b y , K ern Co u n t y Secs. 26, 27, and 28, unsurveyed; Sec. 34. Chief, Lands Adjudication Section. MOUNT DIABLO MERIDIAN T. 31 S„ R. 38 E., [F.R. Doc. 69-4505; Filed, Apr. 16, 1969; AU public land in: Secs. 1 to 5, inclusive; 8:47 a.m.] Secs. 8 to 12, inclusive; Bloch No. 1 Secs. ,14, 18, 20, 22. 24, 26, 28, 30, 32, and T. 28 S., R. 32 E„ 34. [N —3660] T. 32 S., R. 38 E., Sec. 21. NEVADA % 29 S„ R. 32 E„ Secs. 2, 4/6, 8, 10, 12, 14, 20, 22, 24, 26, Secs. 4, 8,16, and 18. 28, and 34. Notice of Proposed Withdrawal and T- 28 S R . 33 E„ T. 31 S., R. 39 E., Sec. 30, Ny2; Reservation of Lands rp * 8,17,18,19, and 32. T- 29 S., R. 33 E„ Sec. 32, Wy2. T. 32 S., R. 39 E., A pril 11,1969. m 8- 9' 10, 11, 13, 16, 26, 28, 34, and 36. 1-30S., R. 33 e „ Sec. 6, Wy2. The Bureau of Reclamation has filed Secs. 2, 14, 15, 16, 19, 20, 21, 22, 28, 29, 30, The area described aggregates approx­ the above application for the withdrawal and 31...... of the lands described below, from all T- 29 S.,R. 33% e ., imately 139,696 acres. 3. For a period of 60 days from theforms of appropriation under the public Secs. 13 and 24. land laws, including the mining laws (30 T- 29 S., R. 34 date of publication of this notice in the U.S.C., Ch. 2), but not from leasing Sec. 32. F ederal R e g ist e r , all persons who wish under the mineral leasing laws. B lo ch N o. 2 to submit comments, suggestions, or ob­ T 28 S., R. 34 E.f jections in connection with the proposed The applicant desires the land for rec­ Sec. 35, SEU* classification may present their views reational, fish and wildlife purposes and Sec. 36, ’ in writing to the District Manager, the operation and maintenance of the

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 No. 73- 6622 NOTICES

Lahontan Reservoir, an existing facility pursuant to sections 10 and 11 of the poses more essential than the applicant’s, of the Newlands Project. Act of June 20, 1910 (36 Stat. 564). They and to reach agreement on the concur­ For a period of 30 days from the date have not been open to entry under the rent management of the land and its of publication of this notice, all persons public land laws. The applicant desires resources. who wish to submit comments, sugges­ the land for use in connection with the He will also prepare a report for con­ tions, or objections in connection with Navajo Indian Irrigation Project, N. sideration by the Secretary of the Inte­ the proposed withdrawal may present Mex. rior who will determine whether or not their views in writing to the undersigned For a period of 30 days from the date the land will be withdrawn as requested officer of the Bureau of Land Manage­ of publication of this notice, all persons by the applicant agency. ment, Department of the Interior, Room who wish to submit comments, sugges­ The determination of the Secretary on 3008 Federal Building, 300 Booth Street, tions, or objections in connection with the application will be published in the Reno, Nev. 89502. the proposed withdrawal may present F ederal R e g ist e r . A separate notice will The Department’s regulations (43 their views in writing to the undersigned be sent to each interested party of C F R 2311.1-3(0)., provide that the officer of the Bureau of Land Manage­ record. authorized officer of the Bureau of ment, Department of the Interior, If circumstances warrant it, a pub­ Land Management will undertake such Chief, Division of Lands and Minerals lic hearing will be held at a convenient investigations as are necessary to de­ Program Management and Land Office, time and place, which will be announced. Post Office Box 1449, Santa Fe, N. Mex. termine the existing and potential The land involved in the application demand for the lands and their re­ 87501. The authorized officer of the Bureau of is: sources. He will also undertake negotia­ N ew M exico P r in c ip a l M eridian tions with the applicant agency with the Land Management will undertake such view of adjusting the application to re­ investigations as are necessary to de­ T. 29 N., R. 8 W., Sec. 32, Si/2Ni/2, N%SW&, and SE^. duce the area to the minimum essential termine the existing and potential de­ to meet the applicant’s needs, to pro­ mand for the land and its resources. He The area described aggregates 400 vide for the maximum concurrent utili­ will also undertake negotiations with acres in San Juan County. zation of the lands for purposes other the applicant agency with the view of ad­ justing the application to reduce the H arold A. B erends, than the applicant’s, to eliminate lands Acting Chief, Ditnsion of Lands needed for purposes more essential than area to the minimum essential to meet the applicant’s needs, to provide for the and Minerals, Program Man­ the applicant’s, and to reach agreement agement and Land Office, on the concurrent management of the maximum concurrent utilization of the lands and their resources. land for purposes other than the appli­ [F.R. Doc. 69-4507; Filed, Apr. 16, 1969; The authorized officer will also pre­ cant’s, to eliminate land needed for pur­ 8:47 a m .] pare a report for consideration by the Secretary of the Interior who will de­ [Oregon 016983, etc.] termine whether or not the lands will be withdrawn as requested by the applicant OREGON agency. The determination of the Secretary on Notice of Offering of Land for Sale the application will be published in the April 11, 1969. F ederal R eg ister . A separate notice will Under the Act of September 19, 1964 (78 Stat. 988; 43 U.S.C. 1421-27) and 43 be sent to each interested party of CFR Subpart 2243, there will be offered to the highest bidder, but at not less than record. appraised value, at a public sale to be held at 1 p.m. on the 27th day of May, 1969, I f circumstances warrant, a public at the Civic Recreation Center, Orchard Avenue, Hermiston, Oreg., the following hearing will be held at a convenient time parcels of land: and place, which will be announced. The lands involved in the application Appraised Estimated are: Parcel No.' Description Acres value cost of M o u n t Diablo M erid ian publication T. 17 N., R. 26 E., Sec. 25, E y2; WUlamette Meridian Sec. 36, E y2. Oregon 016983-...... ____ T. 3 N., R. 28 E., sec. 34, all...... 640 $16,700 $35 T. 18 N., R. 25 E., Oregon 016984...... ___ T. 3 N., R. 28 E., sec. 24, all. Subject to highway 640 27,600 35 Sec. 24, Ni/2. right-of-way Oregon 017832 granted to Oregon T. 18 N., R. 26 E., State Highway Department and Pacific Northwest Bell cable right-of-way Oregon Sec. 16, S V2; 018500. Also subject to the right of the grazing Sec. 20, E y2. lessee to remove his fence. OR 3175...... T. 5 N., R. 29 E., sec. 30, lots 1 and 2 of the NWJi 202.49 9,450 35 The areas described aggregate 1,600 and of lot 1 of the SWJ^. The purchaser acres. of this parcel will be required to make pro­ vision for compensating the grazing lessee for R o lla E. C h a n d le r , fencing. , Land Office Manager. OR 3176...... ___ T. 5 N., R. 29 E., sec. 20, NM, SEJ4. Subject 480 18,650 35 to a highway right-of-way Oregon 0687 granted [F.R. Doc. 69-4506; Filed, Apr. 16, 1969; to Oregon State Highway Department and a 8:47 a.m.] Bonneville Power Administration power transmission line and road right-of-way Ore­ gon 018714. The purchaser of this parcel will be required to make provision to compensate [New Mexico 9320] for grazing lessee’s range, improvements, con­ sisting of fencing. NEW MEXICO Notice of Proposed Withdrawal and Reservation of Lands I f the parcels are not sold on that day, der the Act of August 30, 1890 (26 Stat. the sale will be adjourned and the par­ 391; 43 U.S.C. 945) and all minerals win A p r il 11, 1969. cels reoffered for sale on each succeeding be reserved to the United States. The Bureau of Reclamation, U.S. De­ Tuesday at 10 a.m. in the Land Office, No bid will be accepted for less than partment of the Interior, has filed ap­ 729 Northeast Oregon Street, Portland, the appraised value to which bid wus plication, Serial No. New Mexico 9320, Oreg., until sold or until November 25, be added the cost of publication notea for the withdrawal of land described 1969, the date the sale will be closed. ftbovG below from all forms' of entry under the The parcels will be sold subject to a Sealed or oral bids may be made by the public land laws, but not the general reservation to the United States of principal or his agent. Bids for a parce mining or mineral leasing laws. H ie rights-of-way for ditches or canals un­ must be for all the lands in the parce. land was conveyed to the United States

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6623

Sealed bids will be considered only if re­ or will not cause such economic hardship fish in other areas, for other species, or ceived at the Land Office, Post Office Box or injury. be tied up for the balance of the year. 2965 (729 Northeast Oregon Street), R ussell T. N orris, In view of the above, a determination is Portland, Oreg. 97208, by the close of Assistant Director for hereby made that the yellowfin tuna business on the day prior to each date the Resource Development. fishery in the area regulated by the Inter- auction is held. Late filed sealed bids will [P.R. Doc. 69-4511; Piled, Apr. 16, 1969; American Tropical Tuna Commission has be held for consideration at the next 8:47 a.m.] sufficient vessels to take the maximum weekly auction. Sealed bids must be in sustainable yield. Therefore, no applica­ envelopes accompanied by certified tion for mortgage or loan insurance will checks, post office money orders, bank FISHING VESSEL MORTGAGE AND be accepted after the date of publication drafts, or cashiers’ checks made payable LOAN INSURANCE of this Notice for the construction or re­ to the Bureau of Land Management for construction of vessels to be used in this the amount of the bid plus the publica­ Applications fishery unless the Secretary determines tion cost shown above. The envelopes A pril 14, 1969. that the vessel to be constructed is de­ must be marked in the lower left- Upon review of the Fishing Vessel signed so as to be more efficient than at hand comer “Public Sale Bid, Parcel Mortgage Insurance Program, it became least 70 percent of the vessels in this fleet No.______” Personal checks will be ac­ apparent that it is not in the national and further provided that one or more cepted from successful oral bidders. The interest to encourage the construction of vessels that have operated in that fishery successful oral bidders at the sale will more vessels in a specific fishery than are during the previous year with a total be required to pay immediately the required to harvest the estimated maxi­ fishing capacity at least equal to that of amount thereof together with the cost mum sustainable yield. The Secretary of the proposed vessel have been, or will be, of publication. The right is reserved to the Interior has therefore determined withdrawn permanently from domestic determine at any time that the lands that the Fishing Vessel Mortgage Insur­ fishing by the applicant. The withdrawal should not be sold or that any and all ance Program shall not be used to intro­ must be completed before delivery of the bids should be rejected. duce additional fishing effort into a fish­ proposed vessel. The above-described lands are segre­ ery when the existing fleet is already *' H. E. Crowther, gated from all forms of appropriation, producing the estimated maximum sus­ Director, includinglocation under the mining laws, tainable yield. Nevertheless, it continues Bureau of Commercial Fisheries. and from all other petitions and appli­ to be desirable to encourage moderniza­ cations pursuant to prior classifications [P.R. Doc. 69-4548; Piled, Apr. 16, 1969; tion of the fleet; and it is clear that a 8:50 a.m.] in accordance with 43 CFR 2243.2-6(c). new, efficient vessel can be built without Por further information write: increasing the fishing effort in such a Land Office, Bureau of Land Management, fishery if at least equivalent fishing effort Post Office Box 2965, Portland, Oreg. 97208. is permanently removed from fishing. DEPARTMENT OF AGRICULTURE I rving W . Anderson, Notices will be published from time to Chief, Division of Lands and time listing fisheries which the Secretary Packers and Stockyards Minerals, Program Manage­ determines to be in this condition. Administration ment and Land Office. Thereafter, those fisheries which are list­ ed will not be eligible for assistance in WASHINGTON COUNTY STOCKYARD [PJEt. Doc. 69-4510; Piled, Apr. 16, 1969; ET AL. 8:47 a.m.] the form of fishing vessel mortgage or loan insurance unless the proposed vessel Posted Stockyards is designed so that it will be more effi­ Fish and Wildlife Service cient than 70 percent of the vessels cur­ Pursuant to the authority delegated rently in the fishery in which it will op­ under the Packers and Stockyards Act, [Docket No. S-464] erate and provided that a vessel or 1921, as amended (7 U.S.C. 181 et seq.), ALVIN E. HUHTA vessels, that have operated in that fish­ on the respective dates specified below, ery during the previous year and having it was ascertained that the livestock Notice of Loan Application at least the same fishing capacity as the markets named below were stockyards new vessel, have been or will be perma­ A pril 11, 1969. within the definition of that term con­ nently removed from all domestic fishing Alvin E. Huhta, Route 4, Box 15, As­ prior to delivery of the new vessel. Fish­ tained in section 302 of the Act, as toria, Oreg. 98103, has applied for a loan eries may be added to or deleted from the amended (7 U.S.C. 202), and notice was from the Fisheries Loan Fund to aid in list by publication in the F ederal R eg­ given to the owners and to the public financing the purchase of a used 32-foot ister whenever the available evidence by posting notices at the stockyards as length overall wood vessel to engage in justifies such action. Interested parties required by said section 302. the fishery for salmon. may at any time make recommendations Notice is hereby given pursuant to the Name, location of stockyard and date of for changes in the list, giving their rea­ posting Provisions of Public Law 89-85 and Fish­ son for the recommended changes by let­ eries Loan Fund Procedures (50 CFR ter addressed to the Director, Bureau of A labama Part 250, as revised) that the above- Commercial Fisheries, U.S. Department Washington County Stockyard, Chatom, entitled application is being considered of the Interior, Washington, D.C. 20240. Mar. 24, 1969. m v e ®ureau ° f Commercial Fisheries, All recommendations will be considered Georgia f Wildlife Service, Department when said lists are prepared. Moore’s Auction and Livestock Commission, oi the Interior, Washington, D.C. 20240. The yellowfin tuna fishery in the area Calhoun, Mar. 4, 1969. «ny person desiring to submit evidence regulated by the Inter-American Tropi­ M ic h ig a n uiat the contemplated operation of such cal Tima Commission is operated under yessel will cause economic hardship or a quota which is currently set at 120,000 Escanaba Livestock Auction, Escanaba, Mar. nyury to efficient vessel operators al- tons per year. The carrying capacity of 5,1969. N ebraska eady operating in that fishery must sub- the present U.S. fleet fishing in this area nnt such evidence in writing to the Di- is over 46,000 tons and it will increase to Producers Livestock Marketing Association, Bureau of Commercial Fisheries, 54,000 tons by this summer. This means McCook, Mar. 5, 1960. ltnin 30 days from the date of publica- that the entire quota can be taken by Ok l a h o m a °n. °f this notice. I f such evidence is “ wi*l t>e evaluated along with fewer than three trips for each vessel in Hennessey Sale, Hennessey, Mar. 25, 1969. cn other evidence as may be available the U.S. tropical tuna fleet. Consequently T exas neiore making a determination that the the quota may be reached in as little as Cattlemen’s Exchange, Ine., Edinburg, Mar. tempiated operations of the vessel will 4 months, after which the vessels must 25, 1969.

FEDERAL REGISTER, VOL. 34; NO. 73— THURSDAY, APRIL 17, 1969 6624 NOTICES

Done at Washington, D.C., this 10th issued against the above respondent on in the carrying on of negotiations with day of April 1969. February 14, 1969 (34 F.R. 2514). Said respect to or in the receiving, ordering, order was issued in connection with an buying, selling, delivering, storing, using, E dw ar d L. T h o m p s o n , or disposing of any commodities or tech­ Acting Chief, Registrations, investigation instituted by the Investiga­ Bonds, and Reports Branch, tions Division, Office of Export Control, nical data in whole or in part exported or Livestock Marketing Division. Bureau of International Commerce. On to be exported from the United States; the evidence presented there was rea­ and (e) in the financing, forwarding, [F.R. Doc. 69-4557; Filed, Apr. 16, 1969; sonable basis, to believe that respondent transporting, or other servicing of such 8:51 a.m.] had knowingly participated in a trans­ commodities or technical data. action involving the unauthorized re­ III. Such denial of export privileges exportation of 12,000 tons of U.S.-origin shall extend not only to the respondent, agricultural fertilizer from France to but also to its agents and employees and DEPARTMENT OF COMMERCE Cuba and further that on inquiry from to any successor and to any person, firm, Bureau of the Census the U.S. supplier the respondent stated corporation, or business organization that the material was resold to' various with which it now or hereafter may be NUMBER OF EMPLOYEES, TAXABLE of its French customers. related by affiliation, ownership, control, WAGES, GEOGRAPHIC LOCATION The Director of said Investigations Di­ position of responsibility, or other con­ AND KIND OF BUSINESS FOR ES­ vision has applied under § 381.11 of the nection in the conduct of trade or serv­ TABLISHMENTS OF MULTIUNIT Export Regulations for an extension of ices connected therewith. COMPANIES the temporary denial order for an addi­ IV. This order continues in full force tional 30 days. He has represented that and effect the temporary denial order Notice of Determination for Surveys since the temporary denial order was which was entered on February 14, 1969 issued in this case on February 14, 1969, and shall remain in effect for a period In conformity with title 13, United written Interrogatories have been served of 30 days from the expiration of said States Code, sections 181, 224, and 225, on respondent and that said interroga­ temporary denial order, unless it is here­ and due notice of consideration having tories have not yet been answered. If after amended, modified, or vacated in been published on March 18, 1969 (34 said interrogatories are not answered an accordance with the provisions of the F.R. 5341), I have determined that a order denying export privileges for an U.S. Export Regulations. First Quarter 1969 Survey of selected indefinite period for failure to answer V. No person, firm, corporation, part­ multiunit companies is needed to collect may be appropriate under § 382.15 of information for the 1969 County Busi­ nership or other business organization, the Export Regulations. Until such inter­ whether in the United States or else­ ness Patterns Report. The Survey is rogatories are answered or the time for similar to those conducted for previous where, without prior disclosure to and answering has expired it cannot now be specific authorization from the Bureau of County Business Patterns Reports and is determined what action will be taken in designed to collect information on num­ International Commerce shall do any of the case. the following acts, directly or indirectly, ber of employees, taxable wages, geo­ The application for extension of the graphic location, and kind of business or carry on negotiations with respect temporary denial order has been con­ thereto, in any manner or capacity, on for establishments of selected multiunit sidered by the Compliance Commissioner companies. Only those companies which behalf of or in any association with re­ and he has reported his recommendation spondent, or whereby the respondent may do not report in sufficient detail to other to me that the present temporary denial Federal Agencies will be required to re­ obtain any benefit therefrom or have order be extended for an additional 30 any interest or participation therein, di­ port in this Survey. The data will have days. He ha&lound that such extension significant application to the needs of rectly or indirectly: (a) Apply for, ob­ is reasonably necessary for the protec­ tain, transfer, or' use any license, Ship­ the public and to governmental agencies tion of the public interest. I confirm this and are not publicly available from per’s Export Declaration, bill of lading, finding. or other export control document relating nongovernmental or governmental Accordingly, it is hereby ordered: sources. to any exportation, reexportation, trans­ I. The prohibitions and restrictions of shipment, or diversion of any commodity Report forms will be furnished to firms the temporary denial order issued in or technical data exported or to be ex­ included in the survey and additional this matter on February 14, 1969 (34 ported from the United States, by, to, or copies of the forms are available on re­ F.R. 2514) are hereby continued in full for any said respondent; or (b) order, quest to the Director, Bureau of the force and effect. buy, receive, use, sell, deliver, store, dis­ Census, Washington, D.C. 20233. pose of, forward, transport, finance, or I have, therefore, directed that a sur­ II. The respondent, its successors, as­ signs, representatives, agents, and em­ otherwise service or participate in any vey be conducted for the purpose of ployees hereby are denied all privileges of exportation, .reexportation, transship­ collecting these data. participating, directly or indirectly, in ment, or diversion of any commodity or Dated: April 8, 1969. any manner or capacity, in any transac­ technical data exported or to be ex­ ported from the United States. A. Ross Eckler, tion involving commodities or technical VI. A copy of this order shall be served Director, Bureau of the Census. data exported from the United States in whole or in part, or to be exported, or upon the respondent. [F.R. Doc. 69-4481; Filed, Apr. 16, 1969; which are otherwise subject to the Ex­ VII. In accordance with the provisions 8:45 a.m.] port Regulations. Without limitation of of § 382.11(c) of the Export Regulations, the generality of the foregoing, partici­ the respondent may move at any time to pation prohibited in any such transac­ vacate or modify this temporary denial Bureau of International Commerce tion, either in the United States or order by filing an appropriate motion [File No. 23 (69)-2] abroad, shall include participation, therefor, supported by evidence, with directly or indirectly, in any manner or the Compliance Commissioner and may INTERAGRA S.A. capacity: (a) As a party or as a repre­ request an oral hearing thereon which, u Order Extending Temporary Denial of sentative of a party to any validated ex­ requested, shall be held before the Com­ Export Privileges port license application; (b) in the prep­ pliance Commissioner in Washington, aration or filing of any export license n p of f-Vic earliest. convenient date. In the matter of Interagra S.A. 16, application or reexportation authoriza­ Dated: April 11,1969. Rue Auber Paris 9, France, Respondent, tion, or any document to be submitted File No. 23 (69)-2. therewith; (c) in the obtaining or using R atjer H. M eyer, An order temporarily denying export of any validated or general export license Director, Office of Export Control. of privileges for a period of 60 days was or other export control document; (d) [F.R. Doc. 69-4532; Filed, Apr. 16, 1969! 8:49 ajn.]

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6625"

R egister to submit adequate documenta­ This announcement is published (1) to DEPARTMENT OF HEALTH, EDU­ tion in support of the labeling used. inform the holders of new-drug applica­ Written comments regarding this an­ tions of the findings of the Academy and nouncement, including requests for an of the Food and Drug Administration and CATION, AND WELFARE informal conference, may be addressed (2) to inform all interested persons that Food and Drug Administration to the Bureau of Veterinary Medicine, such articles to be marketed must be the Food and Drug Administration, 200 C subject of approved new-drug applica­ AMDAL CO. Street SW., Washington, D.C. 20204. tions and comply with all other require­ Notice of Filing of Petition for Food The .holder of the new-drug applica­ ments of the Federal Food, Drug, and Cosmetic Act. Additive Diethylstilbestrol tion for the subject drug has been mailed a copy of the NAS-NRC report. Any Holders of the new-drug applications Pursuant to the provisions of the Fed­ manufacturer, packer, or distributor of are provided 6 months from publication eral Food, Drug, and Cosmetic Act (sec. a drug of similar composition and label­ of this announcement in the F ederal 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 ing to it or any other interested person R egister to submit adequate documenta­ (b) (5 )), notice is given that a petition may also obtain a copy by writing to the tion in support of the labeling used. has been filed by Amdai Co., Agricul­ Food and Drug Administration, Press Written comments regarding this an­ tural Division, Abbott Laboratories, Relations Office, 200 C Street SW., Wash­ nouncement, including requests for an North Chicago, 111. 60064, proposing the ington, D.C.20204. informal conference, may be addressed issuance of a food additive regulation (21 This notice is issued pursuant to the to the Bureau of Veterinary Medicine, CFR Part 121) to provide for the safe provisions of the Federal Food, Drug, and Food and Drug Administration, 200 C use of diethylstilbestrol in inert silicone Cosmetic Act (secs. 502, 505, 52 Stat. Street SW., Washington, D.C. 20204. rubber implants for the use in cattle, ex­ 1050-53, as amended; 21 U.S.C. 352, 355) The holder of the new-drug applica­ cept dairy and breeding animals, at 75 and under authority delegated to the tion for the subject drug has been mailed milligrams per animal for increasing rate Commissioner of Food and Drugs (21 a copy of the NAS-NRC report. Any of gain and improving feed efficiency. CFR 2.120). manufacturer, packer, or distributor of a Dated: April 9,1969. Dated: April 10,1969. drug of similar composition and labeling to it or any other interested person may R . E. D u g g a n , H erbert L. L e y , Jr., also obtain a copy by writing to the Food Acting Associate Commissioner Commissioner of Food and Drugs. and Drug Administration, Press Rela­ for Compliance. [F.R. Doc. 69-4484; Filed, Apr. 16, 1969; tions Office, 200 C Street SW., Washing­ [F.R. Doc. 69-4483; Filed, Apr. 16, 1969; 8:45 a.m.] ton, D.C. 20204. 8:45 a.m.] This notice is issued pursuant to the provisions of the Federal Food, Drug, and DIBUTYLTIN DILAURATE FURASPOR LIQUID VETERINARY Cosmetic Act (secs. 502, 505, 52 Stat. 1050-53, as amended; 21 UJS.C. 352, 355) Drugs for Veterinary Use; Drug Drugs for Veterinary Use; Drug and under authority delegated to the Efficacy Study Implementation Efficacy Study Implementation Commissioner of Food and Drugs (21 CFR 2.120). The Food and Drug Administration The Food and Drug Administration has has evaluated a report received from the evaluated a report received from the Na­ Dated: April 10, 1969. National Academy of Sciences—National tional Academy of Sciences—National Research Council, Drug Efficacy Study H erbert L. L e y , Jr., Research Council, Drug Efficacy Study Commissioner of Food and Drugs. Group, on the following drug: Tinostat, Group, on the following preparation: Furaspor Liquid Veterinary; contains 0.4 [F.R. Doc. 69-4485; Filed, Apr. 16, 1969; Medicated Premix; contains 25 percent 8:45 a.m.] dibutyltin dilaurate; marketed by Sals- percent nitrofurfuryl methyl ether, 15 bury Laboratories, 500 Gilbert Street, percent benzyl benzoate, and 0.5 percent Charles City, Iowa 50616. methylbenzethonium chloride; marketed The Academy concludes that this drug by Eaton Laboratories, Division of The is probably effective as an aid in preven­ Norwich Pharmacal Co., Post Office Box DEPARTMENT OF HOUSING AND tion of coccidiosis and hexamitiasis in 191, Scientific Department, Norwich, N.Y. turkeys; however, the label should list 13815. URBAN DEVELOPMENT the species of turkey coccidia controlled. The Academy concluded (1) that this ACTING ASSISTANT SECRETARY FOR The Food and Drug Administration con­ product is probably effective for pyogenic curs with this evaluation. dermatitis, seborrheic dermatitis com­ MORTGAGE CREDIT AND FEDERAL This evaluation is concerned only with plicated by bacterial infections, and HOUSING COMMISSIONER the drug’s effectiveness and safety to the demodectic mange alone or complicated Designation and Revocation animal to which administered. It does by bacterial infections in dogs and for not take into account the safety for food topical fungal infections sensitive to the S e c t io n A. Designation of Acting As­ use of food derived from drug-treated drug in large animals and dogs; (2) that sistant Secretary for Mortgage Credit animals. Nothing in this announcement documentation is needed to substantiate and Federal Housing Commissioner. The will constitute a bar to further proceed­ the use of this product for seborrheic Deputy Under Secretary for Policy ings with respect to questions of safety dermatitis; (3) that the label should in­ Analysis and Program Evaluation, De­ of the drug or its metabolites as residues dicate the specific fungus for which the partment of Housing and Urban Devel­ m food products derived from treated product is effective; and (4) that direc­ opment, is hereby designated to serve as animals. tions for use are inadequate. The Food Acting Assistant Secretary for Mortgage This announcement is published ( 1) to and Drug Administration concurs with Credit and Federal Housing Commis­ inform the holders of new-drug applica­ the conclusions of the Academy. sioner during the present vacancy in the tions of the findings of the Academy and This evaluation is concerned only with office of Assistant Secretary for Mortgage 0i e ■Pood and Drug Administration the drug’s effectiveness and safety to Credit and Federal Housing Commis­ f-h + ^ inform all interested persons the animal to which administered. It sioner, with all the powers, functions, ?~ut such articles to be marketed must does not take into account the safety for and duties delegated or assigned to the oe the subject of approved new-drug ap­ food use of food derived from drug- Assistant Secretary for Mortgage Credit plications and otherwise comply with all treated animals. Nothing in this an­ and Federal Housing Commissioner. other requirements of the Federal Food, nouncement will constitute a bar to S e c . B. Revocation. The delegation of Dnig, and Cosmetic Act. further proceedings with respect to ques­ authority to William B. Ross, Deputy Holders of the new-drug applications tions of safety of the drug or its meta­ Under Secretary for Policy Analysis and e provided 6 months from publication bolites as residues in food products Program Evaluation, published at 34 F.R. o this announcement in the F ederal derived from treated animals. 3861, March 5,1969, is hereby revoked.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6626 NOTICES

(Sec. 7 (d ) of the Department of H UD Act, Within fifteen (15) days from the date 3. Pursuant to the Act and Title 10, CFR, Part 50, “Licensing of Production and Utili­ 42 U.S.C. 3535(d)) of publication of this notice in the F ed­ zation Facilities”, the Commission hereby is­ eral R egister, the applicant may file a Effective date. This document shall be sues a construction permit to The Regents effective as of April 10,1969. request for a hearing, and any person of the University of California at Irvine to whose interest may be affected by the construct the facility in accordance with the G eorge R om ney, issuance of this construction permit may application. This permit shall be deemed to Secretary of Housing and file a petition for leave to intervene. Re­ contain and be subject to the conditions Urban Development. quests for a hearing and petitions to specified in sections 50.54 and 50.55 of said [F.R. Doc. 69-4531; Filed, Apr. 16, 1969; intervene shall be filed in accordance regulations; is subject to all applicable pro­ 8:49 a.m.] with the provisions of the Commission’s visions of the Act and rules, regulations and orders of the Commission now or hereafter “Rules of Practice”, 10 CFR Part 2. If a in effect; and is subject to the additional request for a hearing or a petition for conditions specified below: leave to intervene is filed within the time A. The earliest completion date of the ATOMIC ENERGY COMMISSION prescribed in this notice, a notice of hear­ facility is July 15,1969,-The latest completion ing or an appropriate order will be issued. date of the facility is December 15, 1969. The [Docket Nos. 50-338, 50-339] For further details with respect to this term “completion date”, as used herein, proposed license, see (1) the application means the date on which construction of the VIRGINIA ELECTRIC AND POWER CO. facility is completed except for the introduc­ dated August 9, 1968, and amendment tion of the fuel material. Notice of Receipt of Application for thereto, and (2) a related Safety Evalua­ B. The facility shall be constructed and Construction Permit and Facility tion prepared by the Division of Reactor located on the site specified in the applica­ License Licensing, which are available for public tion on, the University’s campus in Irvine, inspection in the Commission’s Public Calif. The Virginia Electric and Power Co., Document Room, 1717 H Street NW., 4. Upon completion of the construction of 700 East Franklin Street, Richmond, Va. Washington, D.C. A copy of the Safety the facility in accordance with the terms 23209, pursuant to section 104(b) of the Evaluation may be obtained at the Com­ and conditions of this permit, upon the filing Atomic Energy Act of 1954, as amended, mission’s Public Document Room or of any additional information needed to has filed an application, dated March 17, upon request addressed to the Atomic bring the application up to date, upon find­ 1969, for authorization to construct and Energy Commission, Washington, D.C. ing by the Commission that the facility au­ operate two nuclear reactors, designated thorized has been constructed and will op­ 20545, Attention; Director, Division of erate in conformity with the application and as the North Anna Power Station Units Reactor Licensing. No. 1 and No. 2, on a company site lo­ the provisions of the Act and of the rules and Dated at Bethesda, Md., this 15th day regulations of the Commission, upon execu­ cated in Louisa County, Va. tion of the indemnity agreement as required The site is located south of the North of April 1969. by section 170 of the Act and the absence Anna River, approximately 24 miles For the Atomic Energy Commission. of any good cause being shown to the Com­ southwest of Fredericksburg and 40 miles mission why the granting of a license would north-northwest of Richmond, Va. The D onald J. Skovholt, not be in accordance with the provisions of reactors will be located on a peninsula Assistant Director for Reactor the Act, the Commission will issue a Class in a reservoir that is to be formed when Operations, Division of Re­ T04 license to the University pursuant to sec­ actor Licensing. tion 104c of the Act, which license shall an earthen dam is constructed approxi­ expire thirty (30) years from the date of is­ mately 5 miles southeast of the site. P roposed Construction P e r m it suance of this construction permit, unless The proposed nuclear powerplant will 1. By application dated August 9, 1968, and sooner terminated. consist of two pressurized water reactors, amendment thereto dated October 4, 1968 For the Atomic Energy Commission. each of which is designed for initial op­ (hereinafter “the application”)^The Regents Date of issuance: eration at approximately 2,652 thermal of the University of California at Irvine megawatts with a gross electrical output (hereinafter "the University”), requested a Donald J. Sko vh o lt, of approximately 892 megawatts. Class 104 license authorizing construction Assistant Director for Reactor Op­ and operation of the TRIGA Mark I type erations, Division of Reactor A copy of the application is available Licensing. for public inspection at the Commission’s pulsing research reactor facility (hereinafter “the facility”) on the University’s campus Public Document Room, 1717 H Street [F.R. Doc. 69-4624; Filed, Apr. 16, 1969; in Irvine, Calif. 9:55 a.m.] N W , Washington, D.C. 2. The Atomic Energy Commission (“the Dated at Bethesda, Md., this 4th day of Commission”) has found that; A. The application complies with the re­ April 1969. quirements of the Atomic Energy Act of For the Atomic Energy Commission. 1954, as amended (“the Act”) , and the Com­ CIVIL AERONAUTICS BOARD mission’s regulations set forth in Title 10, [Docket No. 20291; Order 69-4-59] P eter A. M orris, Chapter 1, CFR; Director, B. The facility will be a utilization facility INTERNATIONAL AIR TRANSPORT Division of Reactor Licensing. as defined in the Commission’s regulations ASSOCIATION [F.R. Doc. 69-4480; Filed, Apr. 16, 1969; contained in Title 10, Chapter 1, CFR, Part 8:45 a.m.] 50, “Licensing of Production and Utilization Order Regarding Government Orders Facilities”; for Free and Reduced Transportation C. The facility will be used in the conduct [Docket No. 50-326] of research and development activities of the Issued under delegated authority on types specified in Section 31 of the Act; April 11,1969. REGENTS OF UNIVERSITY OF D. The University is financially qualified to An agreement has been filed with the CALIFORNIA AT IRVINE construct the facility in accordance with the Board pursuant to section 412(a) of the Commission’s regulations contained in Title Federal Aviation Act of 1958 (the Act) Notice of Proposed Issuance of 10, Chapter 1, CFR; and Part 261 of the Board’s economic Construction Permit E. The University and its contractor, G ulf regulations, between various air carriers, General Atomic, Inc., are technically quali­ The.Atomic Energy Commission (“the fied to design and construct the facUity; foreign air carriers, and other carriers, Commission” ) is considering the issu­ F. The University has submitted sufficient embodied in the resolutions of Traffic ance of a construction permit, substan­ technical information concerning the pro­ Conference 1 of the International Air tially in the form annexed, to The Re­ posed facility to provide reasonable assurance Transport Association (IA T A ), and gents of the University of California at that the proposed facility can be constructed adopted by mail vote. Irvine, which would authorize the con­ and operated at the proposed location with­ Subject to certain procedural provj' struction of the TR IG A Mark I type p u ls -~ out endangering the health and safety of the sions, the agreement would revalidate public; and ing research reactor on the University’s within the Western Hemisphere, for a G. The Issuance of the proposed construc­ campus at Irvine, Calif. The proposed tion permit will not be inimical to the com­ 1-year period through March 31, reactor will be operated at power levels mon defense and security or to the health a currently applicable resolution relating up to 250 kilowatts (thermal). and safety of the public. to the granting of free or reduced rate

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6627 transportation pursuant to Government sity require the amendment of Pan orders. American’s certificate of public conven­ FEDERAL RESERVE SYSTEM Pursuant to authority duly delegated ience and necessity for Route 136 to de­ by the Board in the Board’s regulations, lete the intermediate points of Tapachula FEDERAL OPEN MARKET COMMITTEE 14 CFR 385.14, it tentatively is not found and Tampico, Mexico. Current Economic Policy Directive of that Resolution 100 (Mail 585 ) 200g, Interested persons will be given 20 days January 14, 1969 which is incorporated in the above-desig­ following service of this order to show nated agreement, is adverse to the public cause why the foregoing tentative find­ In accordance with § 271.5 of its Rules interest or in violation of the Act. ings and conclusions should not be made Regarding Availability of Information, Accordingly, it is ordered, That: final. We expect such persons to support there is set forth below the Committee’s Action on Agreement CAB .20903 be their objections with detailed answers, Current Economic Policy Directive is­ and hereby is deferred with a view to­ specifically setting forth the tentative sued at its meeting held on January 14, ward eventual approval. findings and conclusions to which objec­ 1969.1 Persons entitled to petition the Board tion is taken. Such objection should be The information reviewed at this for review of this order, pursuant to the accompanied by arguments of fact or meeting suggests that expansion in real Board’s regulations, 14 CFR 385.50 may, law and should be supported by legal economic activity has been moderating, within 10 days after the date of service precedent or detailed economic analysis. with slower growth in consumer outlays of this order, file such petitions in sup­ If an evidentiary hearing is requested, but higher rates of business inventory port of or in opposition to our proposed the objector should state in detail why accumulation and capital expenditures. action herein. such a hearing is considered necessary Upward pressures on prices and costs, This order will be published in the and what relevant and material facts he however, are persisting. Since the mid- would expect to establish through such F ederal R e g ist e r . December firming of monetary policy, a hearing. General, vague, or unsup­ most interest rates have risen fur­ [ s e a l] H arold R. S a n d e r s o n , ported objections will not be entertained. ther and, with the outstanding volume Secretary. Accordingly, it is ordered, That: of large-denomination CD’s declining [F.R. Doc. 69-4559; Filed, Apr. 16, 1969; 1. All interested persons are directed sharply, bank credit expansion has 8:51 am .] to show cause why the Board should not slowed. Growth in the money supply issue an order making final the tentative moderated somewhat on average in De­ findings stated herein and amending [Docket No. 20758; Order 69^4-62] cember from its rapid November pace. Pan American's certificate for Route 136 The U.S. foreign trade surplus remains PAN AMERICAN WORLD AIRWAYS, to delete the intermediate points of very small but near the end of the year INC. Tampico and Tapachula, Mexico; unusual capital inflows had a markedly 2. Any interested person having ob­ favorable effect on the overall balance of Order To Show Cause jection to the issuance of an order mak­ payments. In this situation, it is the Adopted by the Civil Aeronautics ing final any of the proposed findings, policy of the Federal Open Market Com­ Board at its office in Washington, D.C., conclusions, or the certificate amend­ mittee to foster financial conditions con­ on the 14th day of April 1969. ment set forth herein shall, within 20 ducive to the reduction of inflationary On February 24, 1969, Pan American days after service of a copy of this order, pressures, with a view to encouraging a World Airways, Inc. (Pah American), file with the Board and serve upon Pan more sustainable rate of economic growth filed an application, in Docket 20758 for American a statement of objections and attaining reasonable equilibrium in amendment of its certificate for Route together with statistical data, and other the country’s balance of payments. 136 to delete its authority to serve evidence relied upon to support the stated To implement this policy, System open objections;2 Tapachula and Tampico, Mexico. On market operations until the next meeting 3. If timely and properly supported the same date Pan American filed a mo­ of the Committee shall be conducted tion for an order to show cause why its objections are filed, full consideration application should not be granted.1 will be accorded the matters and issues with a view to maintaining the prevail­ No answers have been received. raised by the objections before future ing firm conditions in money and short­ We have decided to grant Pan Amer­ action is taken by the Board; and term credit markets: Provided, however, ican’s motion and to issue a show cause 4. In the event no objections are filed, That operations shall be modified, to the order proposing to terminate Pan Amer­ all further procedural steps will be extent permitted by the forthcoming ican’s authority to serve Tapachula and deemed to have been waived and the Treasury refunding, if bank credit ex­ Tampico. Board may proceed to enter an order in In support of our tentative conclusion accordance with the tentative findings pansion appears to be deviating signifi­ to grant the requested deletion, we tenta­ and conclusions set forth herein. cantly from current projections. tively find and conclude that, under the This order shall be published in the Dated at Washington, D.C., the 9th Air Transport Services Agreement be­ day of April 1969. tween the United States and Mexico, Pan F ederal R e g ist e r . • By order of the Federal Open Market American is unable to serve Tapachula By the Civil Aeronautics Board. and Tampico; and that the requested Committee. deletion would have no adverse effect on [ s e a l ] H arold R . S a n d e r s o n , A r t h u r L. B ro ida, the public or any other air carrier. Secretary. Assistant Secretary. Upon consideration of the foregoing, [F.R. Doc. 69-4560; Filed, Apr. 16, 1969; [F.R. Doc. 69-4482; Filed, Apr. 16, 1969; the Board tentatively finds and concludes 8:51 a.m.] 8:45 a.m.] that the public convenience and neces- 2 All motions and/or petitions for recon­ 1 The Record of Policy Actions of the Com­ 1 Pan American’s authortiy to serve sideration shall be filled within the period mittee for the meeting of Jan. 14, 1969, is Tampico and Tapachula has been temporarily allowed for filing of objections, and no filed as part of the original document. Copies suspended until further order of the Board. further such motions, requests, or petitions are available on request to the Board of Gov­ Orders E-16364, served Febl 13, 1961, and for reconsideration of this order will be ernors of the Federal Reserve System, Wash­ 69-2-134, dated Feb. 26,1969. entertained. ington, D.C. 20551.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6628 NOTICES

A ppend ix FEDERAL COMMUNICATIONS A pplications A ccepted for F il in g DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE COMMISSION File No^ applicant, call sign, and nature of application [Report 435] COMMON CARRIER SERVICES 5619-C2-P-69—Hancock Rural Telephone Corp.; (KLF493); CP. to change the base frequency to 152.78 MHz at station located at 10 Maple Street, Markleville, Ind. INFORMATION 1 6944-C2-P-69— National Communications System, Inc.; (KMM704); C.P. to add frequency Domestic Public Radio Services Appli-'-- 454.275 MHz at station located at Fourth and I Streets, Sacramento, Calif. 5949— C2—P—69— ATS Mobile Telephone Inc.; (KBM512); C.P. to add a second channel to cations Accepted for Filing 2 operate on frequency 152.06 MHz at station located at 3555 Farnam Street, Omaha, Nebr. A p r il 14, 1969. 5950— C2—P—(3)-69— New York Telephone Co.; (N ew ); C.P. for a new 1-way station to Pursuant to §§ 1.227(b)(3) and 21.26 operate on frequency 152.84 MHz at location No. 1: 65 Franklin Street, Buffalo, N.Y.; (b) of the Commission’s rules, an appli­ location No. 2: 46 North Cayuga Road, Williamsville, N.Y., and location No. 3: 95 Tremont cation, in order to be considered with Street, Tonawanda, N.Y. 5957— C2—P-69—Kalama Telephone Co.; (New); C.P. for a new 1-way station to be located any domestic public radio services ap­ on China Gardens Road, 4.5 miles east of Kalama, Wash., to operate on frequency plication appearing on the attached list, 152.84 MHz. must be substantially complete and 5958- C 2-(2)-69— Imperial Communications Corp.; (KMA262); C P . to add base frequency tendered for filing by whichever date is 152.03 MHz at location No. 1: Mount Soledad, San Diego, Calif., and location No. 2 : 4285 earlier: (a) The close of business 1 busi­ Eastridge Drive, La Mesa, Calif. ness day preceding the day on which the 5967- C2—P-69— Bledsoe Telephone Cooperative Corp.; (N ew ); C P . for a new 2-way station Commission takes action on the pre­ to be located atop Waldens Ridge, 3 miles east of Pikeville, Tenn., to operate on frequency viously filed application; or (b) within 152.57 MHz. 60 days after the date of the public no­ 5968- C2-P-69— Gainesville Mobile Telephone Co.; (N e w ); C.P. for a new 2-way station to tice listing the first prior filed applica­ be located at Athens and Gaines Mill Roads, 2.5 miles southeast of Gainesville, Ga., to tion (with which subsequent applications operate on frequency 454.200 MHz. are in conflict) as having been accepted 5969- C2-MP-69— Radar Paging Service; (KLF538); Modification of C.P. to relocate the for filing. An application which is sub­ antenna system to the water tower at the corner of Dodgion and Gudgell Avenue, sequently amended by a major change Independence, Mo. will be considered to be a newly filed 5970- C2-P-69— Walker County Telephone Co., Inc.; (KIQ507); C.P. to replace the trans­ application. It is to be noted that the mitter operating base frequency 152.69 MHz and change the antenna system located at 0.75 mile southeast of LaFayette, Ga. cutoff dates are set forth in the alterna­ 5971- C2-P-69— Santa Rosa Telephone Cooperative, Inc.; (KLB327); C.P. to relocate station tive— applications will be entitled to con­ facilities to center of town of Odell, Tex., operating on frequency 152.57 MHz. sideration. with those listed in the ap­ 5985-C2-ML-69— New England Telephone & Telegraph Co.; (KCC793); Modification of pendix if filed by the end of the 60-day (Developmental) station license to change the frequency to 454.675 MHz at station period, only if the Commission has not located on Bear Hill, 1 mile west of Waltham, Mass. acted upon the application by that time 6007- C2-MP-69— Souris River Telephone Mutual Aid Corp.; (KAI930); Modification of CP. pursuant to the first alternative earlier to change transmitters to operate on frequencies 152.69, 152.72, and 152.75 MHz. All other date. The mutual exclusivity rights of a terms same as existing C.P. new application are governed by the 6008- C2-MP-69— Souris River Telephone M utual Aid Corp.; (KAI931); Same as above except, frequencies 152.51 and 152.78 MHz. earliest action with respect to any one of the earlier filed conflicting applica­ Major Amendment tions. 2053-C2-P-69— McLean County Telephone Answering Service Inc.; (N e w ); Change frequency The attention of any party in interest to 152.24 MHz. All other particulars to remain the same as reported on public notice dated Oct. 7,1968, Report No. 408 and Jan. 27,1969, Report No. 424. desiring to file pleadings pursuant to sec­ 3702-C2-P-69— General Telephone Co. of Missouri; (N ew ); Change frequency to 152.84 MHz. tion 309 of the Communications Act of All other particulars to remain the same as reported on public notice dated Jan. 6, 1969, 1934, as amended, concerning any do­ Report No. 421. mestic public radio services application 4148-C2-P-69— Airsignal International, Inc.; (N ew ); To designate 8500 Zuni Street, West­ minster, Colo, as location No. 1. Add location No. 2: Hotel Denver-Hilton, 1550 Court accepted for filing, is directed to § 21.27 Place, Denver, Colo., to operate on 158.70 MHz. All other particulars remain same as of the Commission’s rules for provisions reported on public notice dated Mar. 3,1969, Report No. 429. governing the time for filing and other Correction requirements relating to such pleadings. 5713—C2—P-69— Tri-Cities Answering Service, Inc.; (New); Correct to read: 1-way station. F ederal C ommunications All other particulars to remain same as reported on public notice dated Apr. 7, 1969, C o m m is s io n , Report No. 434. [ s e a l] B e n F. W a p l e , Renewals of licenses expiring April 1,1969. Term: April 1,1969, to April 1,1974. Secretary. Licensee, State, and call sign 1 All applications listed in the appendix axe Siskiyou Mobilfone, California, KLF550. subject to further consideration and review All-Florida Communications Co., Florida, KIN643 (2-way). and may be returned and/or dismissed if not All-Florida Communications Co., Florida, KIN645 (1 -w ay). found to be in accordance with the Commis­ Merrimac Mobile Communications Co., Massachusetts, KCA668. sion’s rules, regulations, and other require-? Able Paging Service, South Carolina, KFL947. ments. »The above alternative cutoff rules apply RURAL RADIO SERVICE to those applications listed in the appendix 5945-Cl-P-69— General Telephone Co. of the Northwest, Inc.; (N e w ); C.P. for a new rural as having been accepted in Domestic Public subscriber station to be located at Mount Fanny, 13.7 miles southeast of Alicel, near Land Mobile Radio, Rural Radio, Point-to- La Grande, Oreg., to operate on frequency 157.83 MHz communicating with Station Point Microwave Radio, and Local Television KFQ933, Alicel, Oreg. Transmission Services (Part 21 of the rules).

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6629

rural radio service— continued adduced in this proceeding from Decem­ 5951- C1-P/L—69— The Mountain States Telephone & Telegraph Oo.; (N e w ); C.P. and licenseber 16 to 18, 1968, under Issue 3 (pat­ for a new station to be located at 26.6 miles west of Casper, Wyo., to operate on frequency tern distortion) and which, it is alleged, 459.40 MHz communicating with Station KSV88, Casper, Wyo. uncovered facts not previously known.* 5952- C1-ML-69— The Mountain States Telephone & Telegraph Co.; (KSV88); Modification Specifically, the Bureau notes the testi­ of license to add (the above-described station) new point of communication operating mony of Mid-State’s consulting engineer on 454.40 MHz. All other terms same as existing license authorization. to the effect that, as a matter of good 5959- C1-P/L-69— The Mountain States Telephone & Telegraph Co.; (N ew ); C.P. and licenseengineering practice, he would not want for a new rural subscriber station to be located at 6.2 miles east of Sargents, Colo., to to suppress radiation in the null in the operate on frequency 157.89MHz communicating with Station KAH667, near Monte Vista, Colo. direction of 340° true below 10.5 mv/m POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) in view of the power request (5 kw) of the applicant. Mid-State’s engineer also 5946- C1-P-69— Wisconsin Telephone Co.; (K S0 2 7 ); C.P. to add frequencies 5945-2 andtestified that there would be no adverse 6063.8 MHz toward Viroqua, Wis., at station located at 0.5 mile northwest of Rising distortion effects on the proposed an­ Sun, Wis. tenna radiation pattern if, by detuning, 5947- C1-P-69— Wisconsin Telephone Co.; (N e w ); C.P. for a new fixed station to be locatedhe was able to hold reradiation to 5 mv/ at 114 East Court, Viroqua, Wis., to operate on frequencies 5974.8 and 6093.5 MHz toward m and that, even considering reradia­ Rising Sun, Wis. 5960- C1-P/L-69— General Telephone Co. of the Southeast; (N e w ); C.P. and license for tion a factors, the directional array could new fixed station to be located at 3007 Roxboro Road, Durham, N.C., to operate on be adjusted so as not to exceed the speci­ frequency 5945.2 MHz toward Chapel Hill, N.C. fied MEOV of 11 mv/m on the 340° 5961- C1-P-69— Carolina Telephone & Telegraph Co.; (N e w ); C.P. for a new fixed station azimuth. In light of this testimony, the to be located at 719 McGilvary Street, Fayetteville, N.C., to operate on frequencies 3710 and Bureau reviewed the stability question 3790 MHz toward Montrose, N.C. and initiated a study of Mid-State’s ar­ 5962- C1-P-69— Carolina Telephone & Telegraph Co.; (N ew ); C.P. for a new fixed station ray which indicated that changes in cur­ to be located at 0.9 mile southeast of Montrose, N.C., to operate on frequencies 3750 and rent ratio and relative phase of 0.1 per­ 3830 MHz towar,d Fayetteville and Hamlet, N.C. cent and 0.1° would raise the calculated 5963- C1-P-69— The Lincoln Telephone & Telegraph Co.; (N ew ); C.P. for a new fixed station field to 11.3 mv/m, which exceeds Mid- to be located at 521 Sixth Street, Fairbury, Nebr., to operate on frequencies 6204.7 and State’s specified MEOV of 11.0 mv/m. 6323.3 MHz toward Gladstone, Nebr. The Bureau’s study also revealed that 5964- C1-P-69— The Lincoln Telephone & Telegraph Co.; (K BC94); C.P. to add frequencies similar changes of 0.2 percent and 0.2° 6011.9 and 6130.5 MHz toward Fairbury, Nebr., at station located at 0.75 mile east of would result in a calculated field of 12.05 Gladstone, Nebr. mv/m thereby exceeding the MEOV by 5965- C1-P-69—The Lincoln Telephone & Telegraph Co.; (KBD51); C.P. to replace trans­1.05 mv/m. On the basis of its study and mitters operating on frequencies 6234.3 and 6352.9 MHz toward York, Nebr.,» at station located at 2 miles west-southwest of Milford, Nebr. without considering external factors, the 5966- C1-P-69—The Lincoln Telephone & Telegraph Co.; (KBD50); C.P. to replace trans­ Bureau questions the stability of Mid- mitters operating on frequencies 5982.3 and 6100.9 MHz toward Milford, Nebr., at station State’s directional antenna array and located at 5.5 miles south-southwest of York, Nebr. notes that potential reradiation problems 5986-C1-P/ML-69— The Pacific Telephone & Telegraph Co.; (KMQ44); C.P. and modification will further aggravate the situation. of license for additional units to operate in the 5925-6425 and 10,700-11,700 MHz bands 3. Mid-State opposes the Bureau’s re­ in any temporary fixed location within the territory of the grantee (Developmental). quest and contends, based upon an at­ POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) tached engineering affidavit, that the Mid-State array can be adjusted and 6006-C1-P-69— Microrelay of New Mexico, Inc.; (KLN76); C.P. to make antenna changes maintained within the specified MEOV. and change frequencies at station located 2 miles northeast of Corona, N. Mex. to 6212.0, It is the applicant’s position that, after 6241.7, 6271.4, 6330.7, and 6390.0 MHz toward Boy Scout Mountain, N. Mex., on azimuth detuning the power line, the array can 155°30\ be adjusted in the presence of residual 6010-C1-P-69— Microrelay of New Mexico, Inc.; (K LN77); C.P. to make antenna changes scattered reradiation to a value within and change frequencies at station located 20 miles east-northeast of Capitan, N. Mex., to 5960.0, 6111.9, 6301.0, 6360.3, and 6419.6 MHz toward Roswell, N. Mex., on azimuth 111°10'. the specified MEOV. According to Mid- State, the exact value of the MEOV to­ [F.R. Doc. 69-4546; Filed, Apr. 16, 1969; 8:50 a.m.] ward Somerville, N.J., the location of Somerset Valley Broadcasting Co.’s pro­ [Docket No. 18251 etc.; FCC 69R^163] 1968.1 Presently before the Review Board posed station, is not critical here and the MEOV can be increased if the conduc­ LOUIS VANDER PLATE ET AL. is a petition to enlarge issues, filed Jan­ uary 14, 1969, by the Broadcast Bureau, tivity indicated by measurements in the Memorandum Opinion and Order seeking the addition of an issue to this nearby area should prevail toward Somerville. Finally, the applicant urges Enlarging Issues proceeding to determine whether Mid- State Broadcasting Co. (Mid-State) will that the matter of MEOV and mainte­ In re applications of Louis Vander be able to adjust and maintain its pro­ nance of the directional array can best be Plate, Franklin, N.J., Docket No. 18251, posed directional antenna system within reevaluated after measurement infor­ Pile No. BP-16837; Radio New Jersey, the specified maximum expected operat­ mation on the actual conductivity from Hackettstown, N.J., Docket No. 18252, ing values (MEOV) of radiation.2 the proposed site becomes available and Pile No. BP-16987; Mid-State Broadcast­ 2. In support of its request, the Broad­ that, therefore, no useful purpose would ing Co., Lakewood, N.J., Docket No. cast Bureau points to evidence which was be served by pursuing the matter in a 18253, File No. BP-17087; Lake-River comparative hearing. The Bureau, in Broadcasting Corp., Lakewood, N.J., 1 By Memorandum Opinion and Order, reply, renews its request and points out Docket No. 18256, File No. BP-17485; FCC 69R-120,______FCC 2 d ______15 RR Somerset Valley Broadcasting Co., Som­ 2d 907, released Mar. 12, 1969, the Review that Mid-State has not attempted to re- erville, N.J., Docket No. 18257, File No. Board granted a joint petition for approval BP-17505; for construction permits. of agreement in this proceeding, dismissed 2 The Bureau claims that good cause exists the application of Arthur S. Steloff and for the filing of the instant petition at this 1. This proceeding involves five appli­ granted the application of Seashore Broad-* time since the transcript of the hearing rec­ cations, each for an authorization to con­ casting Co., Inc. ord first became available on Jan. 2, 1969, struct a new standard broadcast station. 2Also before the Review Board are: (a) and since the necessary evaluation and com­ The applications were designated for Opposition, filed Feb. 10, 1969, by Mid-State; puter study were undertaken expeditiously. hearing upon specified issues by Memo­ (b) reply to opposition, filed Feb. 18, 1969, On the basis of this showing and in the ab­ by the Broadcast Bureau; and (c) letters, sence of procedural objection by Mid-State, randum Opinion and Order, 13 FCC 2d dated Mar. 6, 1969, and Mar. 21, 1969, from the Board will entertain the merits of the 952,. 13 RR 2d 1040, released July 22, Mid-State’s counsel. Bureau’s petition.

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 No. 73------9 6630 NOTICES but the factual basis for the Bureau’s der the Issue added herein will be upon Eugenio Mireles has failed to submit a petition. The Bureau notes that, con­ Mid-State Broadcasting Co. valid surety bond in compliance with the trary to Mid-State’s assumption, poten­ Adopted: April 10, 1969. above rule. tial pattern distortion resulting from re­ It is ordered, That the Independent radiation from nearby parasitic elements Released: April 11, 1969. Ocean Freight Forwarder License No. was not the substantive basis for its re­ F édérai, C ommunications 1189 is revoked effective April 1, 1969; quest although it was the reason which C o m m issio n ,* and That the Inde­ prompted the stability study. The Bureau [ seal] B en F. W aple, I t is further ordered, argues that variations in the phase and Secretary. pendent Ocean Freight Forwarder Li­ current of as little as 0.1° and 0.1 percent cense No. 1189 be returned to the Com­ will cause Mid-State to exceed its MEOV [F.R. Doc. 69-4547; Filed, Apr. 16, 1969: mission for cancellation. 8:50 a m .] on the 340° radial without reference to I t is further ordered, That a copy of the possible consequences of reradiation this order be published in the F ederal and to the possibility of interference to R egister and served on the licensee. the Somerville proposal. According to the L eroy F. F uller, Bureau, these additional factors merely FEDERAL MARITIME COMMISSION [Independent Ocean Freight Forwarder Director, amplify the critical nature of the prob­ Bureau of Domestic Regulation. lem and, in view of an affirmative repre­ License 1161] sentation by the applicant and in the [F.R. Doc. 69-4553; FUed, Apr. 16, 1969; CONTAINER FORWARDING 8:50 a.m.] absence of an approved amendment, the SERVICES, INC. only relevant value to be considered here is the 11 mv/m MEOV. Order of Revocation 4. Mid-State’s opposition fails to re­ By letter dated April 3, 1969, Con­ SECURITIES AND EXCHANGE spond satisfactorily to the Bureau’s alle­ tainer Forwarding Services, Inc., 79 Wall gations that variations in the parameters Street, New York, New York 10005, re­ COMMISSION of the Mid-State directional array will turned License No. 1161 as an Independ­ result in radiation exceeding the MEOV ent Ocean Freight Forwarder to the Com­ [File No. 1-3421] specified by the applicant. As a result, mission for cancellation and advised a substantial question has been raised CONTINENTAL VENDING MACHINE business will be closed effective April 3, CORP. as to whether the applicant will be able 1969. to adjust and maintain its proposed di­ Order Suspending Trading rectional antenna system within the By virtue of authority vested in me by the Federal Maritime Commission as specified MEOV and the Board agrees A pril 11, 1969. with the Bureau that the question should set forth in Manual of Orders, Commis­ sion Order 201.1, § 6.03: It appearing to the Securities and Ex­ be resolved through the hearing process. change Commission that the summary Although Mid-State has filed an amend­ I t is ordered, That the Independent suspension of trading in the common ment to its application which deals with Ocean Freight Forwarding License No. stock, 10 cents par value of Continental a proposed change in its transmitter site 1161 of Container Forwarding Services, Vending Machine Corp., and the 6 per­ and which may affect the stability ques­ Inc., be and is hereby revoked effective cent convertible subordinated debentures tion considered herein,4 that amendment April 3, 1969. due September 1, 1976, being traded has not yet been accepted by the Hear­ It is further ordered, That this can­ otherwise than on a national securities ing Examiner. Therefore, the Board be­ cellation is,without prejudice to reappli­ exchange is required in the public in­ lieves the appropriate course to follow in cation at a later date. terest and for the protection of such circumstances is to act on the Bu­ It is further ordered, That a copy of investors: reau’s request in order to avoid further this order be published in the F ederal It is ordered, Pursuant to section 15(c) delay in this proceeding. R egister and served upon the licensee. (5) of the Securities Exchange Act of 5. That the Accordingly, it is ordered, L eroy F. F uller, 1934, that trading in such securities petition to enlarge issues, filed Janu­ Director, otherwise than on a national securities ary 14, 1969, by the Broadcast Bureau, is Bureau of Domestic Regulations. exchange be summarily suspended, this granted, and that the issues in this pro­ order to be effective for the period ceeding are enlarged by the addition of [F R . Doc. 69—4552; Filed, Apr. 16, 1969; 8:50 a.m.] April 12, 1969, through April 21, 1969, the following issue: To determine both dates inclusive. whether Mid-State Broadcasting Co. will By the Commission. be able to adjust and maintain its pro­ [Independent Ocean Freight Forwarder posed directional antenna system within License 1189] [ seal] O rval L. D u Bois, the specified maximum expected opera­ Secretary. EUGENIO MIRELES ting values of radiation. [F.R. Doc. 69-4527; FUed, Apr. 16, 1969; 6. It is further ordered, That the bur­ Order of Revocation 8:48 a.m.] den of proceeding with the introduction On February 27, 1969, the St. Paul of evidence and the burden of proof un- Fire and Marine Insurance Co. notified [81-95] the Commission that the Independent MASSACHUSETTS INDEMNITY & LIFE * By letter, dated Mar. 6, 1969, counsel for Ocean Freight Forwarder Surety Bond Mid-State advised the Board that, previously, No. 400CB 2719, underwritten in behalf INSURANCE CO. he informed the parties to the proceeding of Eugenio Mireles, Post Office Box 53447, Notice of Application and that the applicant no longer had reasonable Houston, Tex., would be canceled effec­ assurance of the site proposed in its pending tive April 1, 1969. Opportunity for Hearing application and that Mid-State has obtained A p r il 10, 1969. a new site which will be the subject of an Eugenio Mireles was notified that un­ amendment to be filed with the Hearing Ex­ less a new surety bond was submitted to Notice is hereby given that Massachu­ aminer. In the March sixth letter, Mid- the Commission, its Independent Ocean setts Indemnity & Life Insurance Co. State’s counsel also states that the applicant Freight Forwarder License No. 1189 (Insurance Company), 654 Beacon may incorporate a proposal to change the an­ would be canceled effective April 1, 1969, Street, Boston, Mass., has filed an appli­ tenna pattern in the contemplated amend­ pursuant to General Order 4, Amend­ cation pursuant to section 12(h) of the ment which may moot the Bureau’s requested ment 12 (46 CFR 510.9). Securities Exchange Act of 1934, as Issue. By letter, dated Mar. 21, 1969, counsel for Mid-State advised the Board that the amended (“the Act” ), for an order ex­ proposed amendment was being filed on that B Review Board Member Nelson not partici­ empting it from the registration Pr^ " date. pating; Board Member Pincock absent. sions of section 12(g) of the Act. Ex-

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 NOTICES 6631 eruption from section 12(g) will have (1) (B) within 120 days after December stock of Top Notch Uranium and Mining the additional effect of exempting the In ­ 31, 1968, when it did have 500 stockhold­ Corp. (a Utah corporation), and all surance Company from section 13 or 14 ers. Accordingly, an exemptive order is other securities of Top Notch Uranium of the Act and any officer, director, or being applied for in order to remove any and Mining Corp. being traded other­ beneficial owner of more than 10 percent question of violation of section 12(g) wise than on a national securities of the Insurance Company’s capital stock on the grounds that the Insurance Com­ exchange is required in the public inter­ from section 16 thereof. pany lost its exemption sometime in est and for the protection of investors: Section 12(g) of the Act requires the January 1969. I t is ordered, Pursuant to section registration of the equity securities of For a more detailed statement of the 15(c) (5) of .the Securities Exchange Act every issuer which is engaged in, or in a information presented, all persons are of 1934, that trading in such securities business affecting interstate commerce, referred to said application which is on otherwise than on a national securities or whose securities are traded by use of file in the offices of the Commission at exchange be summarily suspended, this the mails or any means or instrumental­ 500 North Capitol Street NW., Washing­ order to be effective for the period ity of interstate commerce, and on the ton, D.C. April 13, 1969, through April 22, 1969, last day of its fiscal year has total assets Notice is further given that any in­ both dates inclusive. exceeding $1 million and a class of equity terested person not later than April 28, By the Commission. securities held of record initially by 500 1969, may submit to the Commission in or more persons. Registration is termi­ writing his views or any substantial facts [ s e a l ] O rval L . D u B o is , nated 90 days after the issuer files a cer­ bearing on this application or the desira­ Secretary. tification with the Commission that the bility of a hearing thereon. Any such [F.R. Doc. 69-4529; Filed, Apr. 16, 1969; number of holders of the registered class communication or request should be ad­ 8:48 a.m.] of securities is fewer than 300 persons. dressed: Secretary, Securities and Ex­ Section 12(h) empowers the Commis­ change Commission, 500 North Capitol sion to exempt, in whole or in part, any Street NW., Washington, D.C. 20549, and [File No. 1-4371] issuer or class of issuer from the registra­ should state briefly the nature of the WESTEC CORP. tion, periodic reporting and proxy solici­ interest of the person submitting such tations of the Act, if the Commission information or requesting the hearing, Order Suspending Trading finds by reason of the number of public the reason for such request, and the is­ A p r il 11, 1969. investors, amount of trading interest in sues of fact and law raised by the appli­ The common stock, 10 cents par value, the securities, the nature and extent of cation which he desires to controvert. At the securities of the issuer, or otherwise, of Westec Corp., being listed and regis­ any time after said date, an order grant­ tered on the American Stock Exchange that such exemption is not inconsistent ing the application may be issued upon with the public interest or the protection pursuant to provisions of the Securities request or upon the Commission’s own Exchange Act of 1934 and all other se­ of investors. motion. The application of the Insurance Com­ curities of Westec Corp., being traded pany states, in part: By the Commission. otherwise than on a national securities 1. The Insurance Company, as of its [ s e a l ! O rval L . D u B o is , exchange; and last fiscal year, December 31,“ 1968, had Secretary. It appearing to the Securities and Ex­ change Commission that the summary more than 500 stockholders and it was [F.R. Doc. 69-4526; Filed, Apr. 16, 1969; exempted from section 12(g) by section 8:48 a.m.] suspension of trading in such securities 12(g) (2) (G ) as a regulated insurance on such Exchange and otherwise than on company. It does file reports pursuant to a national securities exchange is required section 15(d). TEXAS URANIUM CORP. in the public interest and for the protec­ 2. During January 1969, as the result tion of investors: of a cash tender offer, most of the In ­ Order Suspending Trading I t is ordered, Pursuant to sections 15 surance Company stock, of which there A p r il 11, 1969. (c) (5) and 19(a)(4) of the Securities is a single class outstanding, was ac­ It appearing to the Securities and Ex­ Exchange Act of 1934, that trading in quired by Pennsylvania Life Co. (P L C ). change Commission that the summary such securities on the American Stock As of February 28, 1969, PLC owned ben­ suspension of trading in the common Exchange and otherwise than on a na­ eficially 98 percent of the shares out­ stock of Texas Uranium Corp., Salt Lake tional securities exchange be summarily standing and the Insurance Company City, Utah, being traded otherwise than suspended, this order to be effective for had 277 shareholders of record. on a national securities exchange is re­ the period April 12, 1969, through 3. In order to qualify for an exemption quired in the public interest and for the April 21, 1969, both dates inclusive. under section 1 2 (g)(2 )(G ) the Insur­ protection of investors: By the Commission. ance Company must meet three condi­ I t is ordered, Pursuant to section tions. One of these, the second condition, [ s e a l ] O rval L. D u B o is , requires regulation of proxies by the In ­ 15(c) (5) of the Securities Exchange Act Secretary. surance Company’s domiciliary State. of 1934, that trading in such securities otherwise than on a national securities [F.R. Doc. 69-4530; Filed, Apr. 16, 1969; The pertinent Massachusetts provision 8:49 ajn .] is found in Massachusetts General Laws, exchange be summarily suspended, this Chapter 175, section 193J. However, this order to be effective for the period section exempts from its operation “ a April 14, 1969, through April 23, 1969, domestic insurance company hav­ both dates inclusive. SMALL BUSINESS ing * * * ninety-five percent of its stock By the Commission. owned or controlled by a parent or affil­ [ s e a l ] O rval L. D u B o is , ADMINISTRATION iate insurer aTtd the remaining shares Secretary. held by less than five hundred stock­ [Delegation of Authority No. 6] [F.R. Doc. 69-4528; Filed, Apr. 16, 1969; holders.” ASSISTANT ADMINISTRATOR 4. Since the applicant no longer seems 8:48 a.m.] to be subject to the Massachusetts proxy (COMPTROLLER) Provision, a question is raised as to TOP NOTCH URANIUM AND MINING Delegation of Financial Activities whether the Insurance Company is any longer “subject to regulation” of proxies CORP. I. Pursuant to the authority vested in by the State within the meaning of the Order Suspending Trading the Administrator by the Small Business second condition of the section 12(g) (2) Act, 72 Stat. 384, as amended; the Small (G) exemption. A p r il 11, 1969. Business Investment Act of 1958, 72 Stat. 5. If the applicant is no longer exempt It appearing to the Securities and Ex­ 689, as amended; and title IV of the Eco­ ^ d er section 1 2 (g)(2 )(G ) then, it change Commission that the summary nomic Opportunity Act of 1964, 78 Stat. should register pursuant to section 12(g) suspension of trading in the common 526, as amended; there is hereby dele-

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 6632 NOTICES gated to the Assistant Administrator trator (Comptroller) and Assistant Ad­ actions taken under all such delegations (Comptroller) the following authority: ministrator for Management, which re­ of authority prior to the date hereof. A. Financial management. To assign, placed the position of Assistant Adminis­ Effective date: March 17,1969. endorse, transfer, deliver, or release (but trator for Administration. H il a r y S a n d o v a l, Jr., in all cases without representation, re­ Effective date: March 17, 1969. course, or warranty) promissory notes, Administrator. bonds, debentures, and other obligating H il a r y S a n d o v a l , Jr., [F.R. Doc, 69-4514; Filed, Apr. 16, 1969; instruments on all loans or investments Administrator. 8:47 a.m.] made or serviced by SBA when paid in [F.R. Doc. 69-4515; Filed, Apr. 16, 1969; full or when transferred to the Depart­ 8:48 ajn .] ment of Justice for liquidation. MERCHANTS INVESTMENT CORP. B. Claims under the Federal Tort Claims Act. To give final approval on [Delegation of Authority No. 9] Approval of Application for Transfer actions resulting from any claims subject ASSISTANT ADMINISTRATOR FOR of Control of Licensed Small Busi­ to the provisions of 28 U.S.C. 2672. ness Investment Company n . The authority delegated herein may MANAGEMENT be redelegated with the exception of On March 28, 1969, a notice of appli­ Delegation of Administrative cation for transfer of control was pub­ Item I.B. Activities in. All authority delegated herein lished in the F ederal R egister (34 F.R. may be exercised by an SBA employee 1. Pursuant to the authority vested in 5883) stating that an application had designated as Acting Assistant Admin­ the Administrator by the Small Business been filed with the Small Business Ad­ istrator (Comptroller). Act, 72 Stat. 384, as amended; the Small ministration (SBA) pursuant to § 107.701 of the Regulations governing Small Busi­ IV. All authority previously delegatedBusiness Investment Act of 1958, 72 Stat. ness Investment Companies (13 CFR by the Administrator to the Assistant 689, as amended; and title IV of the Part 107, 33 F.R. 326) for transfer of Administrator for' Administration is Economic Opportunity A ct' of 1964, 78 control of Merchants Investment Corp., hereby rescinded without prejudice to Stat. 526, as amended; there is hereby delegated to the Assistant Administrator License No. 05/04-0014, 4531 Daley actions taken under all such delegations Street, Charleston Heights, S.C. 29411, a of authority prior to the date thereof. for Management the following authority : A. Administrative services. 1. To con­ Federal Licensee under the Small Busi­ Effective date: March 17, 1969. tract for supplies, materials and equip­ ness Investment Act of 1958, as amended (15 U.S.C. sec. 661 et seq.). H il a r y S a n d o v a l, Jr., ment, printing, transportation, com­ Administrator. munications, space and special services Interested persons were given until the for the Agency. close of business April 7, 1969, to submit [F.R. Doc. 69-4516; Filed, Apr. 16, 1969; to SBA their written comments. No com­ 8:48 a.m.] 2. To enter into contracts for supplies ments were received. and services pursuant to Delegation of Authority No. 410, dated March 26, 1962 SBA, having considered the application [Delegation of Authority No. 7 (Revision 1) ] (27 P.R. 3017), from the Administrator and all other pertinent information and ASSISTANT ADMINISTRATOR FOR of the General Services Administration facts with regard thereto, hereby ap­ to the heads of executive agencies. proves the application for transfer of ADMINISTRATION control of Merchants Investment Corp., 3. To rent temporarily, within the Dis­ Delegation of Administrative a wholly owned subsidiary of Thomas trict of Columbia or elsewhere, such and Howard Company of Charleston, Activities; Rescission hotel or other accommodations as are needed to facilitate the conduct of meet­ Inc., to Wetterau Foods, Inc., 8400 Per- Notice is hereby given that Delegation shall Road, Hazelwood, Mo. of Authority No. 7, Revision 1, 32 P.R. ings of SBA advisory councils. 179, as amended (33 P.R. 779) is hereby H. All authority delegated herein may For SBA. rescinded in its entirety without preju­ be exercised by an SBA employee desig­ Dated: April 9,1969. dice to actions taken under such dele­ nated as Acting Assistant Administra­ gations of authority prior to the date tor for Management. A. H. S in g e r , hereof. These delegations have been su­ IH. All authority previously delegated Associate Administrator for Investment. perseded by Delegations of Authority by the Administrator to the Assistant Nos. 6 and 9 given by the Administrator Administrator for Administration is [P.R. Doc. 69-4517; Filed, Apr. 16, 1969; to new positions of Assistant Adminis­ hereby rescinded without prejudice to 8:48 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 73— THURSDAY, APRIL 17, 1969 FEDERAL REGISTER 6633

CUMULATIVE LIST OF PARTS AFFECTED— APRIL

The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during April 3 CFR Page 8 CFR Page 15 CFR Page P roclamation : 214______6036 30______6183 3908------6467 238______6036 372—______6091 373______6092 E x e c u tiv e O r d er s: 316a______6036 379______6094 Sept. 7, 1917 (revoked in part 9 CFR 385______6096 by PLO 4604)______6585 Sept. 27, 1917 (revoked in part 83______6573 P roposed R u l e s : by PLO 4604)______6585 P roposed R u l e s : 1000______6246, 6254 June 8, 1926 (revoked in part 76______6047 by PLO 4604)______6585 317______6284, 6538 16 CFR Mar. 14,1927 (revoked by PLO 13______6039, Page 4600)______6584 10 CFR 6040, 6097-6100, 6393, 6476-6478. 718 (revoked by PLO 4597)___ 6584 2______6037 15 _____ 6519 2067 (revoked in part by PLO 50______6037 4596)______6583 73______6277 17 CFR 5289 (revoked in part by PLO 115______6037 1______6478 4602)______6585 150______6517 231______6575 11248 (amended by EO 11463) _ 6029 240______6101 11368 (amended by EO 11464) _ 6233 P roposed R ules : 11462 ______5983 1______... ____— 6002 11463 ______2______6029 ____ 6002, 6540 18 CFR 11464 __ 6233 50______6002, 6540, 6599 141-----,______6520 11465 ______6415 115___; ______6002 19 CFR 5 CFR 12 CFR 201------6417 1 ------6375 213—...... 5985, 6035, 6036, 6180, 6515 204------6329 8------.______6418 550------5985, 6277 224------6472 10____ 6520 735______6515 226------6417 16 ------5986, 6418 329------6574 7 CFR 508______6575 21 CFR 51— ______6180 563------6279 2 ______6237 52— ______6437 650— ------6329 17 _ 6479 215_. ______6515 654------_ 6329 120 ______*______6041, 6239, 6418, 6419 220_. ______6321 P roposed R ules: 121 ______6043, 6239, 6240, 6419 319_. ______6571 217______6200 138—------6043 718_. ______6235,6572 226------6295 141------6420 811_ - ______6469 329______6198 145 _^______6044 813_. ______6321 526______6199 146 ------— ______6237 814______6031 545______6542 147 ------6241 849_ ------6237 563___ 6543 148p------6420 905_. ------6277 569------6200 148v______6044 906_. ______6075 149d______6420 907_. ______6034, 6325, 6572 14 CFR 281____ 5987 908_. 6035, 6325, 6326, 6470, 6572 39------6330, 6375, 6376, 6472, 6518, 6519 P roposed R u l e s : 910______6181, 6437, 6470 71------5895, 5896 3------6441 911_. ------6438 6038, 6075-6079, 6173, 6280, 6331, 8------;______6396 912______6181, 6439 6376, 6473-6475,6519 120 ------6442 913_. ------6182, 6439 73_------5986, 6079, 6080 121 ______6194, 6284, 6442 944_. ------6516 75------6079 130------6443 959_. ------6439 93------6475 966_. ------¿______6326 141------6443 97------6174, 6377 141c______6284 980_. ------6326 208______6081 146c______^______6284 987_. ______6471 214______6087 146d______6284 1073. ------6516 385______6091 146e------6284, 6443 1103. ------6516 1204______6393 1133. ------6182 P roposed R ules : 1430. ------6471 22 CFR 23------6195 1468. ------6328 41_...... 6479 25______6443 1472. ------6327 1601. 29______6196 ------6328 39------6398 24 CFR P roposed R u l e s : 61____ 6112, 6484 25 ------6421 28__, ___ 6244 71------6001, 81__. ___ 6283 200______6183, 6575 6122, 6197, 6288, 6289, 6486-6489, 242______6183 362_. 6106, 6194 6540 1906______6421 932_. ___ 6482 73______6050 980_. ___ 6396 75------6289 P roposed R u l e s : 1005. ___ 6531 91______Î ______6196 1907______6245 1009. ___ 6531 121______6112, 6196, 6198, 6333, 6443 1036. ___ 6531 123______:______6443 26 CFR 1064. ___ 6482 127______6196, 6198 1079. ___ 6589 135______6195, 6198 601____ 6424 1103. ___ 5998 225______6489 P roposed R u l e s : 1138. ____ 6001 298______6256 41______6244, 6333 6634 FEDERAL REGISTER

29 CFR Page 41 CFR—Continued Page 43 CFR—Continued Page 1504______6150 9-6______6579 P u b l ic L and O rders— Continued P roposed R u l e s : 9-7______6579 4606 ------6587 850______i ______6396 9-8------6579 9-14______6579 4607 ------6587 31 CFR 9-18______6579 4608 ------6587 9-58______6582 45 CFR 82------6393 12-3------6242 205______6521 12-7-----* ______6243 40------*------5990 12-15______6243 121------6281 32 CFR 101-19______6192 46 CFR 198. 5987 42 CFR 255—______5991 200 . 6375 309______5991 536. 6241 P roposed R u l e s : 537. P roposed R u l e s : 6433 527______6502 73______;______6047 528______6502 32A CFR 76______6122 537______6502 NSA (Ch. X V III) : 81______6539 AGE 1______6522 47 CFR INS-1______6188 43 CFR 0— ______6480, 6524 P u b l ic L and O rd er s: l ______6480 33 CFR 191 (revoked in part by PLO 17______6480 21______6525 no______5988, 6480, 6577 4607)______6587 261 (revoked in part by PLO 43—______6526 207______6480 73______5996 117______5989,6280 4607)______6587 881 (see PLO 4607)______6587 81______6527 P roposed R u l e s : 1273 (revoked in part by PLO 83______6527 117— r.______6539 4607)______6587 87______6528 2198 (revoked in part by PLO 97— ______6528 36 CFR 4593)______6583 P roposed R u l e s : 2548 (revoked by PLO 4595) __ 6583 6331, 6523 63______6290 3707 (revoked in part by PLO 73______6293,6397 P roposed R u l e s : 4605)______6586 95______6293 7______6283 4513 (revoked by PLO 4608) __ 6587 97______6294,6334 4582 (modified by PLO 4589) __ 6331 39 CFR 4589 ______6331 49 CFR 4590 ______6524 i______6395 201______6101 4591 ______6524 ______6436 542______6190 7— ______4592 ______6583 173______6437 822______5989 4593 ______6583 ______6102 832______6101 371______4594 ______6583 1033—______5997, 6281, 6395, 6587 P roposed R u l e s : 4595 ______6583 132______5998 4596 ______6583 P roposed R u l e s : 4597 ______6584 173—______6290, 6444 41 CFR 4598 ______6584 393______6001 5-1______6192 4599 ______6584 1033______6529, 6530 5-2______6192 4600 ______6584 1048______6050 5-3______6192 4601 ______6585 1307______— 6296 5-53_____ 5990 4602 ______6585 9-1______6578 4603-;____ 6585 50 CFR 9-2______6578 4604 ______—. 6585 28______6103,6282,6331 9-3____ 6579 4605 ______— 6586 33___ — 6104, 6105, 6282, 6332, 6529 government organization KNOW YOUR manual GOVERNMENT 1968 1969

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